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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, April 16, 2013 – 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 Schmidt
Commissioner Anderson
Commissioner Colamarino
Commissioner Cooper
Commissioner Dariz
Commissioner Wolff
APPROVAL OF AGENDA
PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the Commission on any matter not
on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes.
Please state your name for the record before making your presentation. The Commission may take action
to direct the staff to place a matter of business on a future agenda.)
PLANNING COMMISSION BUSINESS
1. AMENDMENT OF RESOLUTION PC 2013-0008(A) FOR PLN 2013-1447,
CONDITIONAL USE PERMIT 2013-0262 - 4755 DOLORES AVENUE
Property
Owner/Applicant:
Kevin and Alecia Teague, 4755 Dolores Ave., Atascadero, CA 93422
Project Title: PLN 2013-1447 / CUP 2013-0262
Project Location: 4755 Dolores Ave., Atascadero, CA 93422
City of Atascadero Planning Commission Agenda Regular Meeting, April 16, 2013
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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.)
2. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON APRIL 2, 2013.
COMMUNITY DEVELOPMENT STAFF REPORTS
3. PLN 2013-1454, TREE REMOVAL PERMIT FOR 7640 VALLE AVE.
Property
Owner/Applicant:
John and Jessica Sims, 7640 Valle Ave., Atascadero, CA 93422
Certified Arborist: Jeremy Lowney, Solid Oak Tree Management, PO Box 13521, San Luis
Obispo, CA 93406
Project Title: PLN 2013-1454, Tree Removal Permit 2013-0161
Project Location: 7640 Valle Ave., Atascadero, CA 93422
APN 030-031-011 (San Luis Obispo County)
Project Description:
Removal of a 25-inch coast live oak tree to accommodate new leach lines for
the construction of residential addition to an existing home.
General Plan Designation: Single Family Residential (SFR)
Zoning: Residential Single Family (RSF-Y)
Staff
Recommendation:
Staff recommends adoption of PC Resolution 2013-0012 to allow the removal
of one (1) 25-inch Coastal Live Oak subject to conditions of approval
(APN 028-261-031) San Luis Obispo County
Project Description: Legalize an oversized accessory structure from the permitted 600 sf to 1,200 sf.
Proposed legalization includes conditioned space in portions of the accessory
structure and includes a proposed attached workshop/studio to also be conditioned.
General Plan Designation: SFR-Y
Zoning: RSF-Y
Proposed
Environmental
Determination:
Class 1 categorical exemption for a proposed addition to an existing structure that does
not result in an increase of 2,500 square feet total for the entire structure.
Staff
Recommendation:
During the April 2, 2013 Planning Commission meeting the wrong building square
footage was stated in the motion. Staff is recommending the Commission adopt
amended PC Resolution 2013-0008(A) with the corrected maximum building square
footage of 1,260 square feet instead of the 1,226 square feet stat ed in the motion.
City of Atascadero Planning Commission Agenda Regular Meeting, April 16, 2013
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PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing Planning Commission Members must disclose any communications they have had on any
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps,
Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning
Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity
to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the
Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commi ssion
will discuss the item and take appropriate action(s).)
4. PLN 2099-0516 / CONDITIONAL USE PERMIT 2002-0071 AMENDMENT, 6955
PORTOLA (REFUGE CHURCH)
Property Owner: Refuge Church (Calvary Chapel of Atascadero)
6955 Portola Road, Atascadero, CA 93422
Project Title: PLN 2099-0516 / Amendment to CUP 2002-0071
Project Location: 6955 Portola Road, Atascadero, CA 93422
APN 054-083-004 (San Luis Obispo)
Project
Description:
A Conditional Use Permit Amendment has been submitted by Refuge Church to modify
the previously approved Master Plan of Development for the site. Churches are a
conditional use in the RSF zone, and therefore, require Planning Commission approval
prior to expansion of facilities.
The proposed CUP Amendment includes the following:
New asphalt parking lot and drive approaches off San Clemente Road
New parking lot lights throughout existing and new parking lots and at playground
Landscape of parking lot and frontage near San Clemente Rd.
New 768 sq. ft. storage garage building between sanctuary and San Clemente Rd.
Eight (8) foot fence to enclose yard space behind sanctuary (near Portola Rd)
New masonry trash enclosure
New and/or relocated signage
Add adjacent property at APN 054-071-001 to Master Plan of Development to allow
for future conversion of existing residence to church offices
General Plan Designation: Single Family Residential - Z (SFR-Z)
Zoning: Residential Single Family - Z (RSF-Z)
Proposed
Environmental
Determination:
The proposed project qualifies for a Class 3 Categorical exemption under CEQA,
including new construction or conversion of a limited number of small structures or
facilities. Portions of the project also qualify for Class 1 Categorical Exemption for the
minor alteration of existing facilities, including conversion of single -family residence to
office use.
Staff
Recommendation:
Staff recommends that Planning Commission adopt Resolution PC 2013-0009 approving
Conditional Use Permit Amendment 2002-0071 based on findings and subject to
Conditions of Approval.
City of Atascadero Planning Commission Agenda Regular Meeting, April 16, 2013
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5. PLN 2099-1033 / CONDITIONAL USE PERMIT 2003-0095 AMENDMENT, 9190
SAN DIEGO ROAD (SOUTHSIDE VILLAS)
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for May 7, 2013, at
City Hall, Council Chambers, 6907 El Camino Real, Atascadero.
Please note: Should anyone challenge in court any proposed development entitlement listed
on this Agenda, that person may be limited to raising those issues addressed at the public
hearing described in this notice or in written correspondence delivered to the Planning
Commission at, or prior to this public hearing.
Property Owner: Cencal Ventures LLC, 5423 Village Road Suite 200, Long Beach, CA 93446
Applicant: Tim Roberts, Roberts Engineering, 2015 Vista De La Vina, Templeton, CA 93465
Project Title: PLN 2099-1033 Southside Villas
Project Location: 9190 San Diego Road, Atascadero, CA 93422
(APN 045-324-001) San Luis Obispo County
Project
Description:
Proposed subdivision redesign from 84 Condominiums units to a mix of 26
Condominiums units (16 units completed, 10 units under construction) and 48
townhome units for a total of 74 residential units at build-out. Redesign includes re-
configuration of open space areas and park features. Applicant is requesting the
elimination of a requirement to provide seven (7) very low income units that were
previously approved as a part of the project’s original entitlement.
In addition to the proposed project redesign, applicant is proposing revised off-site
improvements to the previously approved improvements at the El Camino Real / San
Diego Road intersection.
General Plan Designation: High Density Residential (HDR)
Zoning: Residential Multi-Family (RMF-20)
Proposed
Environmental
Determination:
Proposed project revisions are consistent with Certified Mitigated Negative Declaration
2003-0035.
Design Review
Committee
Recommendation:
Approval of Amendment to CUP 2003-0095 as proposed by applicant, subject to
conditions of approval.
City of Atascadero Planning Commission Agenda Regular Meeting, April 16, 2013
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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 mo nth 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 t o 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 me eting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Co mmission regarding the matter being
considered to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slandero us, 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 clo sed, and thereafter, no further public
comments will be heard by the Commission.
AMENDED
RESOLUTION NO. PC 2013-0008(A)
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2013-1447 / CUP 2013-0262,
A CONDITIONAL USE PERMIT FOR A 1,260 SQUARE-FOOT
OVERSIZED ACCESSORY STRUCTURE THAT EXCEEDS 50 PERCENT
OF THE SIZE OF THE PRIMARY RESIDENCE
(TEAGUE)
WHEREAS, an application was received from Kevin and Alecia Teague, 4755 Dolores
Avenue, Atascadero, CA 93422, (Owner) for a Minor Conditional Use Permit to allow a 1,260
square-foot accessory structure; and,
WHEREAS, the proposed project has a General Plan Designation of Single Family
Residential (SFR-Y) and is in conformance with the Land Use Element of the General Plan and
all other applicable General Plan policies; and,
WHEREAS, the site is located in the Residential Single Family zone (RSF-Y), which
allows for the proposed use and density when certain findings are made; and,
WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger
than 50% of the primary structure’s square-footage; and,
WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with
CEQA section 15301 Existing Structures with a proposed addition less than 2,500 square feet;
and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Minor Conditional Use Permit application on April 2, 2013 at 7:00 p.m. and considered
testimony and reports from staff, the applicants, and the public; and,
WHEREAS, the Planning Commission during the Planning Commission motion to
approve, the wrong building square footage was stated in the motion; and,
WHEREAS, the Planning Commission on April 16, 2013 at 7:00 p.m. and adopted this
amended motion to approve a maximum building square footage of 1,260 square feet,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
ITEM NUMBER: 1
DATE: 4-16-13
SECTION 1. Findings of Environmental Exemption. The Planning Commission finds
as follows:
1. The proposed project is Categorically Exempt under Class 1, Section 15301 of the
California Environmental Quality Act.
SECTION 2. Findings for approval of oversized accessory structure. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be 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 use will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development; and,
5. That the proposed use will not generate a volume of traffic beyond the safe capacity
of all roads providing access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the Land
Use Element; and,
6. That the proposed project is in compliance with any pertinent city policy or criteria
adopted by ordinance or resolution of the city council.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on April 2, 2013, resolved to approve Conditional Use Permit 2013-0262,
subject to the following:
EXHIBIT A: Categorical Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Floor Plan
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Planning Commission Chairperson
ATTEST:
___________________________________
Warren Frace
Planning Commission Secretary
EXHIBIT A: Categorical Exemption
PLN 2013-1447 / CUP 2013-0262
4755 Dolores Avenue
EXHIBIT B: Conditions of Approval
PLN 2013-1447 / CUP 2013-0262
Conditions of Approval
PLN 2013-1447 / CUP 2013-0262
Address: 4755 Dolores Avenue
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Planning Department Standard Conditions
1. This Conditional Use Permit shall be for a detached 1,260 square foot
workshop/garage as described on the attached exhibits and located on
parcel APN 028-261-031 (4755 Dolores Avenue) regardless of owner.
Ongoing PS
2. The approval of this use permit shall become final and effective for the
purposes of issuing building permits fourteen (14) days following the
Planning Commission approval unless prior to the time, an appeal to
the decision is filed as set forth in Section 9-1.111(b) of the Zoning
Ordinance.
Ongoing PS
3. The Community Development Department shall have the authority to
approve the following minor changes to the project that (1) modify the
site plan project by less than 10%, (2) result in a superior site design or
appearance, and/or (3) address a construction design issue that is not
substantive to the approved plan. The Planning Commission shall
have the final authority to approve any other changes to the
Conditional Use Permit.
BP PS, CE
4. Approval of this Conditional Use Permit shall be valid for twenty-four
(24) months after its effective date. At the end of the period, the
approval shall expire and become null and void unless the project has
received a building permit.
BP PS
5. The applicant shall defend, indemnify, and hold harmless the City of
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the City, or any of its
entities, concerning the project.
Ongoing PS, CA
6. Prior to issuance of a building permit for the 320 square foot studio with
the additional conditioned space, a deed restriction shall be recorded
limiting the use of the building for no residential occupancy consistent
with CUP 2013-0254.
BP PS
7. A title 24 energy analysis report is required. Construction drawings
clearly indicating all existing (permitted) work and all new (non
permitted) work, and including all improvements required by the Title
24 report is required at the time of permit application submittal.
BP PS
EXHIBIT C: Site Plan
PLN 2013-1447 / CUP 2013-0262
320 square foot
studio
Garage
EXHIBIT D: Floor Plan
PLN 2013-1447 / CUP 2013-0262
320
square
foot
studio
Garage
PC Draft Action Minutes of 4/2/13
Page 1 of 6
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, April 2, 2013 – 7:00 P.M.
City Hall Council Chambers
6907 El Camino Real, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Commissioner Bentz called the meeting to order at 7:00 p.m. and Commissioner
Cooper led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Bentz, Cooper, Dariz, and Wolff
Absent: Commissioner Colamarino (excused absence)
Others Present: Recording Secretary Annette Manier
Staff Present: Senior Planner, Callie Taylor
Assistant Planner, Alfredo Castillo
City Clerk Marcia Torgerson
APPROVAL OF AGENDA
MOTION: By Commissioner Dariz and seconded by Commissioner
Wolff to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PUBLIC COMMENT
The following people spoke during public comment: Chuck Ward and Jerry Clay.
Commissioner Bentz closed the Public Comment period.
ITEM NUMBER: 2
DATE: 4-16-13
PC Draft Action Minutes of 4/2/13
Page 2 of 6
PLANNING COMMISSION BUSINESS
A. ADMINISTRATION OF OATH OF OFFICE
Marcia Torgerson, City Clerk, administered the Oath of Office to newly appointed
Commissioners Christian Cooper and Dennis Schmidt.
B. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
Commissioner Schmidt nominated Dave Bentz as Chairperson and the
Commission agreed to a roll-call vote for the nomination.
Motion passed 6:0 by a roll-call vote.
Chairperson Bentz nominated Commissioner Schmidt as Vice Chairperson and
the Commission agreed to a roll-call vote for the nomination.
Motion passed 6:0 by a roll-call vote.
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON MARCH 19, 2013.
MOTION: By Commissioner Cooper and seconded by Commissioner
Wolff to approve the Consent Calendar.
Motion passed 6:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
2. PLN 2013-1445 / CONDITIONAL USE PERMIT 1983-008 AMENDMENT,
3380 EL CAMINO REAL (VS MARINE)
Property Owner: Kris and Tina Gustafson, 1420 San Ramon Road, Atascadero, CA 93422
Applicant: Southpaw Design and Construction Inc., PO Box 2851, Paso Robles, CA 93447
Project Title: VS Marine: PLN 2013-1445 / CUP 1983-008 Amendment
PC Draft Action Minutes of 4/2/13
Page 3 of 6
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Senior Planner Taylor explained that this project went before the Design Review
Committee on March 14, 2013. Callie gave the staff report and answered questions
from the Commission.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Dariz to adopt PC Resolution 2013-0006 approving an
Amendment to Conditional Use Permit 1983-008 to add boat
service and storage to an existing boat sales lot within the
Commercial Park Zone at APN 049-211-053 & 049-211-052
subject to Conditions of Approval.
Motion passed 6:0 by a roll-call vote.
Project Location: 3380 & 3320 El Camino Real, Atascadero, CA 93422
(APN 049-211-053 & 049-211-052) San Luis Obispo County
Project
Description:
Amendment to CUP 1983-008 to add boat storage and boat repair to existing CUP for
boat sales. An updated site plan (Master Plan of Development) has been submitted to
identify storage areas, boat repair areas, fencing, landscape, site lighting, and signage
on 4.39 acre combined site area (two properties). Existing single-family residence on
APN 049-211-053 to remain as caretaker’s unit.
General Plan Designation: Commercial Park (CPK)
Zoning: Commercial Park (CPK)
Proposed
Environmental
Determination:
Class 1 categorical exemption for the operation, permitting, and minor alteration of
existing facility, involving negligible expansion of existing use. No new buildings are
proposed with this Conditional Use Permit Amendment.
Design Review
Committee
Recommendation:
Approval of Amendment to CUP 1983-008 as proposed by applicant, subject to
conditions of approval, including:
- Additional landscape along HWY 101 frontage and front parking area
- Street trees installed on El Camino Real
- Building permits to be obtained for electrical work and accessory structures
- Permanent signage to be installed along HWY 101 frontage within one (1) year
PC Draft Action Minutes of 4/2/13
Page 4 of 6
3. PLN 2013-1448 / CONDITIONAL USE PERMIT FOR 8155 EL CAMINO REAL
(U-HAUL STORAGE)
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Senior Planner Taylor explained that this project went before the Design Review
Committee on March 14, 2013. Callie gave the staff report and answered questions
from the Commission.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Wolff and seconded by Vice Chairperson
Schmidt to adopt PC Resolution 2013-0007 approving PLN
2013-1448/Conditional Use Permit 2013-0263 to allow vehicle
storage for a U-Haul rental business in the Commercial Retail
Property Owner Rick Long, 9375 Santa Clara, Atascadero, CA 93422
Applicant: Stephanie Brown, 5445 Via Ranchitos, Atascadero, CA 93422
Project Title: U-Haul Vehicle Storage: PLN 2013-1448 / CUP 2013-0263
Project Location: 8155 El Camino Real, and behind 8165 El Camino Real, Atascadero, CA 93422
(APN 030-151-037) San Luis Obispo County
Project Description: Vehicle storage yard proposed for U-Haul rentals at APN 030-151-037, behind existing
buildings at 8155 and 8165 El Camino Real. Vehicle storage is a conditional use in the
Commercial Retail zone.
General Plan Designation: General Commercial (GC)
Zoning: Commercial Retail (CR)
Proposed
Environmental
Determination:
Class 1 categorical exemption for the operation, permitting, and minor alteration of
existing facility, involving negligible expansion of existing use. No new buildings are
proposed with this Conditional Use Permit.
Design Review
Committee
Recommendation:
Approval of CUP 2013-0263, subject to conditions of approval, including:
- Providing access between the two vehicle storage areas
- Installation of a gate at entry to storage area (between buildings)
- No parking/vehicle drop off signage
- Paint striping of 7 spaces for customer parking (includes 1 accessible space)
- Providing designated trash area at rear corner behind building
- Replacing broken slats in chain link fence
- Clean-up of front landscape planter
- No private storage on site (U-Haul vehicle rental yard only)
PC Draft Action Minutes of 4/2/13
Page 5 of 6
zone at 8155 and 8165 El Camino Real on APN 030-151-037
subject to Conditions of Approval.
Motion passed 6:0 by a roll-call vote.
4. PLN 2013-1447, CONDITIONAL USE PERMIT FOR 4755 DOLORES
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Assistant Planner Castillo gave the staff report and answered questions from the
Commission.
PUBLIC COMMENT
The following person spoke during public comment: Kevin Teague.
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Wolff and seconded by Commissioner Dariz
approving to adopt PC Resolution PC 2013-0008 approving
PLN 2013-1447/Conditional Use Permit 2013-0262 for a 1,226
square foot oversized accessory structure that exceeds 50% of
the size of the primary residence at 4755 Dolores on APN 028-
Property
Owner/Applicant:
Kevin and Alecia Teague, 4755 Dolores Ave., Atascadero, CA 93422
Project Title: PLN 2013-1447 / CUP 2013-0262
Project Location: 4755 Dolores Ave., Atascadero, CA 93422
(APN 028-261-031) San Luis Obispo County
Project Description: Legalize an oversized accessory structure from the permitted 600 sf to 1,200 sf.
Proposed legalization includes conditioned space in portions of the accessory
structure and includes a proposed attached workshop/studio to also be conditioned.
General Plan Designation: SFR-Y
Zoning: RSF-Y
Proposed
Environmental
Determination:
Class 1 categorical exemption for a proposed addition to an existing structure that does
not result in an increase of 2,500 square feet total for the entire structure.
Staff
Recommendation:
Staff recommends to the Planning Commission approval of PLN 2013 -1447 / CUP 2013-
0262, to approve an oversized accessory structure at 4755 Dolores Avenue, based on
the findings.
PC Draft Action Minutes of 4/2/13
Page 6 of 6
261-031 based on the findings that the project is consistent
with the City’s General Plan and subject to conditions of
approval.
Motion passed 6:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTORS REPORT
Senior Planner Taylor presented Mark Dariz an award from the City Council for his work
on the Atascadero Lake Bandstand.
ADJOURNMENT - 7:40 p.m.
The next regular meeting of the Planning Commission is scheduled for April 16, 2013,
at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero.
MINUTES PREPARD BY:
_____________________________
Annette Manier, Recording Secretary
\\cityhall\cdvlpmnt\~ planning commission\pc minutes\pc minutes 2013\pc draft actn minutes 4 2 13.docx
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
Atascadero Planning Commission
Staff Report – Community Development Department
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
Jordan Cowell, Planning Intern, 470-3470, jcowell@atascadero.org
PLN 2013-1454
Tree Removal Permit
7640 Valle Avenue
Sims/ Solid Oak Tree Management
SUBJECT:
The proposed project includes a request to remove one (1) 25-inch DBH Coast Live
Oak, located in the rear of the property where newly proposed leach lines are to be
located. In addition, the project requests the removal of one (1) 12-inch DBH Blue Oak,
located in front of the property where the proposed residential addition is located. The
trees are required to be removed in order to accommodate the project. The trees are in
poor health and are in decay, as evaluated by Solid Oak Tree Management.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2013-0012 to allow the removal of one
(1) Coast Live Oak totaling 25-inches DBH as well as one (1) 12-inch DBH Blue Oak,
based on required findings and subject to conditions of approval and mitigation.
Situation and Facts:
1. Property Owner/Applicant: John and Jessica Sims
7640 Valle Avenue, Atascadero, CA 93422
2. Project Address: 7640 Valle Avenue, Atascadero, CA 93422
(APN 030-031-011) San Luis Obispo County
3. Certified Arborist: Jeremy Lowney # 3718 Solid Oak Tree Management
PO Box 13521, San Luis Obispo, CA 93406
4. General Plan Designation: Single-Family Residential (SFR)
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
5. Zoning District: Residential Single Family-Y (RSF-Y)
BACKGROUND:
The applicant is proposing to construct a 384 square-foot addition to an existing 1,008
square-foot residence. In addition, the applicant is proposing to install a new leach field.
The subject trees are considered in poor health by the arborist due to fire scars,
cavities, and other natural factors.
ANALYSIS:
An application has been submitted by the owner for the removal of one (1) 25-inch DBH
Coast Live Oak, and one (1) 12-inch DBH Blue Oak. The trees are located in the front
and rear of the property.
The arborist evaluated both trees and identified the fire scars, cavities, and other natural
factors which lead them to be in decline. The report states that the trees are also
Aerial Image of Property
25” Coast Oak
12” Blue Oak
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
hindering construction and must be removed to accommodate construction of the
proposed project.
Tree Mitigation
The Atascadero Municipal Code (AMC) requires mitigation for all trees approved for
removal. AMC Section 9-11.105 identifies specific conditions of approval. Planning
Commission can approve one or more of the following conditions as mitigation:
AMC Section 9-11.105: Tree removal permits shall be conditioned by one or more of the
following methods:
(i) Depending on the characteristics of the site the applicant may plant replacement trees on
site. This method shall include payment in advance for three (3) site inspections during a four
(4) year establishment period;
(ii) Payment of fee to the Tree Replacement Fund;
(iii) Establishment of conservation easements, which will restrict removal of any tree within a
designated area of the property. (Ord. 350 § 2 (part), 1998)
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 make a mitigation payment of
$408.33 into the tree fund or provide native tree plantings on-site with either eight (8)
five-gallon (5) trees, or may elect to plant larger trees to reduce the amount of mitigation
and plant enough trees to avoid the mitigation fee. The applicant has not indicated
whether fees will be paid, or a combination of planting and fees will be paid and planted.
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 25-inches Tree #7 Coast Live Oak 1 12 Tree #11 Blue Oak
2 2
3 3
15 15
Total 25-inches Total 12-inches 37-inches
Mitigation Requirement
req'd tree replacements:4 five gal trees req'd tree replacements:4 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 4 five gal trees Remaining Mitigation 4 five gal trees 8 five gal trees
Tree Fund Payment:208.33$ Tree Fund Payment:200.00$ 408.33$
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
FINDINGS:
In considering any tree removal request, at least one of the required findings must be
made. Staff has identified the following finding as appropriate for the application
request.
The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified be a r eport from the site
planner and determined by the Community Development Departmen t based on
the following factor.
CONCLUSIONS:
A Certified Arborist has determined that the subject 25-inch DBH Coast Live Oak tree
and the subject 12-inch DBH Blue Oak tree are not in good health and must be
removed to accommodate the construction project . Based on the arborist’s evaluation
and above analysis, findings can be made to approve the requested removal, subject to
the required mitigation.
ALTERNATIVES:
1. The Commission may approve the project with additional or revised project
conditions.
2. The Commission may deny the project if it is found that the required findings cannot
be made. The Commission’s motion to deny must include a finding basis for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
ATTACHMENTS:
Attachment 1 – Location Map (General Plan & Zoning)
Attachment 2 – Site Photos
Attachment 3 – Arborist Report
Attachment 4 – Draft Resolution PC 2013-0012
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2013-1454 / TRP 2013-0161
7640 Valle Avenue
General Plan Designation: Single-Family Residential (SFR)
Zoning District: Residential Single-Family-Y (RSF-Y)
25” Coast Oak
12” Blue Oak
approved at staff level
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
ATTACHMENT 2: Site Photos
PLN 2013-1454 / TRP 2013-0161
7640 Valle Avenue
Visible root decay at the base of the trunk
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
ATTACHMENT 2: Site Photos
PLN 2013-1454 / TRP 2013-0161
7640 Valle Avenue
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
ATTACHMENT 2: Site Photos
PLN 2013-1454 / TRP 2013-0161
7640 Valle Avenue
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
ATTACHMENT 3: Arborist Report
PLN 2013-1454 / TRP 2013-0161
7640 Valle Avenue
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
ATTACHMENT 3: Arborist Report
PLN 2013-1454 / TRP 2013-0161
7640 Valle Ave.
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
ATTACHMENT 5: Draft Resolution PC 2013-0012
PLN 2013-1454 / TRP 2013-0161
7640 Valle Avenue
DRAFT RESOLUTION NO. PC 2013-0012
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2013-1454 / TRP 2013-0161, TO ALLOW THE REMOVAL OF ONE (1)
COAST LIVE OAK TOTALING 25 INCHES DBH
AND
ONE (1) BLUE OAK TOTALING 12 INCHES DBH
LOCATED AT 7640 VALLE AVENUE
APN 030-031-011
(SIMS/ LOWNEY)
WHEREAS, an application was received from John and Jessica Sims, 7640 Valle
Avenue, Atascadero, CA 93422, (Applicant) and Jeremy Lowney, PO Box 13521, San Luis
Obispo, CA, 93406, for a Tree Removal Permit to remove one (1) Coast Oak totaling 25 inches
DBH; (1) Blue Oak totaling 12 inches DBH; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on April 16, 2013, at 7:00 p.m. and considered testimony and reports from staff, the
applicants, and the public; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero, California
takes the following actions:
SECTION 1. Findings for tree removal. The Planning Commission finds as follows:
The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the
need for tree removal, as certified be a report from the site planner and determined by the
Community Development Department
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on April 16, 2013, resolved to approve Tree Removal Permit 2013-
0161, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Chart
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ADOPTED:
ABSTAINED:
CITY OF ATASCADERO, CA
_________________________________________
David Bentz
Planning Commission Chairperson
ATTEST:
___________________________________
Warren Frace
Planning Commission Secretary
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2013-1454 / TRP 2013-0161
Conditions of Approval
PLN 2013-1454 / TRP 2013-0161
7640 Valle Avenue
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Standard Planning Conditions
1. The approval of this application shall become final, subject to the completion
of the conditions of approval, 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.
Tree removal
PS
2. The applicant and/or subsequent owners shall defend, indemnify, and hold
harmless the City of Atascadero or its agents, officers, and employees against
any claim or action brought to challenge an approval by the City, or any of its
entities, concerning the proposed development.
On going PS
3. The applicant shall pay $408.33 into the tree mitigation fund and/or replant
native trees on subject property prior to removal of the Coast Live Oak, or
replant four (8) five-gallon (5) native trees that are similar to a Coast Live
Oak or any combination thereof. Fee/replanting shall be identified by
property owner prior to issuance of building permit.
Tree removal PS
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-16-13
EXHIBIT B: Tree Mitigation Chart
\\cityhall\cdvlpmnt\- 12 plns\pln 2013-1454 TRP 7640 Valle Tree Removal-sr.ac.docx
Bond payment for tree #31, impacted 45% :
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 25-inches Tree #7 Coast Live Oak 1 12 Tree #11 Blue Oak
2 2
3 3
15 15
Total 25-inches Total 12-inches 37-inches
Mitigation Requirement
req'd tree replacements:4 five gal trees req'd tree replacements:4 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 4 five gal trees Remaining Mitigation 4 five gal trees 8 five gal trees
Tree Fund Payment:208.33$ Tree Fund Payment:200.00$ 408.33$
September 2, 2003
Page 1 of 20
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org
Refuge Church
Amendment to Conditional Use Permit 2002-0071
6955 & 6855 Portola Road
SUBJECT:
The proposed project consists of an application for a n Amendment to Conditional Use
Permit 2002-0071 to expand the church facility Master Plan of Development to add the
following improvements:
• New asphalt parking lot with landscape buffer next to San Clemente Road
• New parking lot and playground pole lights
• 768 sq. ft. storage garage building
• Eight (8) foot fence to enclose yard space behind sanctuary
• New masonry trash enclosure
• New and/or relocated signage
• Add adjacent property to Master Plan of Development to allow existing
residence to be converted to church offices in the future
RECOMMENDATION:
Staff Recommends:
Planning Commission adopt Resolution PC 2013-0009 approving an Amendment to
Conditional Use Permit 2002-0071 to allow for expansion of church facilities at 6955
and 6855 Portola Road, based on findings and subject to Conditions of Approval.
Situation and Facts
1. Owners/Applicants: Refuge Church (Calvary Chapel of Atascadero)
Represented by Steve Shively
6955 Portola Rd., Atascadero, CA
2. Project Address: 6955 & 6855 Portola Rd, Atascadero, CA 93422
(San Luis Obispo County) APN 054-071-001
ITEM NUMBER: 4
DATE: 4-16-13
3. General Plan Designation: Single-Family Residential - Z (SFR-Z)
4. Zoning District: Residential Single-Family - Z (RSF-Z)
5. Site Area: 2.97 acres (includes 2.04 acre church site and 0.93
acre adjacent SFR site)
6. Existing Use: Existing church at 6955 Portola; existing single-family
residence and DG overflow parking lot at 6855 Portola
7. Environmental Status: Categorical Exemption:
CEQA section 15303 Class 3 for minor expansion of
facilities, and section 15301 Class 1 for conversion of
SFR to office
DISCUSSION:
Surrounding Land Use and Setting:
North: Residential Single-Family - Z
South: Residential Single-Family - Z
East: Residential Single-Family - Z
West: Residential Single-Family - Z
Background
The existing church at 6955 Portola Road was originally permitted in the 1980’s with
CUP 82-033. A Conditional Use Permit application was submitted in 2002 by Calvary
Chapel (now known as Refuge Church) to allow a 1440 sq. ft. modular classroom. The
existing 5872 sq. ft. sanctuary building and parking lot parking were not proposed for
expansion. The 2002 project description noted that church membership had recently
increased, and the additional classrooms were needed to service children attending with
their families. The project description identified at that time there were three church
services being held each week, with average attendance of approximately 100 people
Project Site
6955 & 6855 Portola
at the first Sunday morning service, 220 during the second Sunday morning service,
and 125 on Wednesday evenings. One letter of opposition was received in response to
2002 expansion. The site master plans approved in 2002, as well as an aerial photo
showing the 2002 site conditions, and are attached for reference.
In 2006, an Amendment was submitted by the church to add an overflow parking lot on
the adjacent site. The DG surfaced overflow park lot had been constructed in 2005
without permits, and the CUP Amendment was required in order to legalize and
complete the grading. The Planning Commission reviewed the CUP Amendment on
Feb 6, 2006, but sent the application back to staff and the ap plicant to address issues
raised by neighbors at the hearing. Neighborhood concerns included site drainage
affecting downhill properties and San Clemente Road, as well as landscape buffering to
screen the neighbors’ view of the new parking lot. On May 16, 2006, the CUP
Amendment was approved to add the adjacent parking lot to the church Master Plan of
Development, subject to conditions of approval.
2006 Approved Site Plan
Analysis
Churches are identified as a conditional use in the Residential Single-Family Zone, and
therefore, Planning Commission approval is required in order to ensure compatibility
with surrounding residential uses. The Conditional Use Permit includes conditions of
approval and a Master Plan of Development for site facilities. A CUP is required to be
amended in order to make changes or permit expansion on the site.
In October 2012, the Refuge Church submitted an application for an Amendment to the
existing CUP in order to allow a new parking lot off San Clemente Road, as well as
other future expansion areas and site improvements. City staff issued a list of
correction comments requesting additional information, and met on site with the
applicant to discuss how the proposed improvements would be constructed for
compliance with City codes. Updated plans were resubmitted by the applicant in
February 2013 and the application was scheduled for Planning Commission review.
The proposed application includes the following site changes, which are discussed in
further detail below:
• New asphalt parking lot and 2 drive approaches off San Clemente Road
• New pole lights throughout existing and new parking lots and at playground
• Landscape of parking lot and frontage near San Clemente Rd.
• New 768 sq. ft. storage garage building behind sanctuary
• Eight (8) foot fence to enclose yard space next to sanctuary (near Portola Rd)
• New masonry trash enclosure
• New and/or relocated signage
• Add adjacent property at APN 054-071-001 to Master Plan of Development to
allow for future conversion of existing residence to church offices
Proposed Site Plan
Adjacent property to be added
to Master Plan of Development.
Existing Single family residence
to be converted to church
offices in future
8’ wood fence proposed
top 2’ is lattice, lower 6’ solid
1 monument sign proposed,
either location
1 wall sign
Parking lot pole lights identified:
2 existing in upper parking lot
2 proposed in lower parking
2 proposed in new parking lot
2 proposed in playground
New trash enclosure
New 768 sq. ft.
storage garage
New asphalt parking lot
One way in one way out
2 new driveway approaches on
San Clemente Rd.
New landscape buffer along property
line, will be located in right-of-way
Sea-train container to be removed
Neighborhood Comments
Upon receiving hearing notices in the mail regarding the upcoming Planning
Commission meeting, a group of five adjacent neighbors came to City Hall to review
plans and meet with City staff this week. The City has received three letters from
adjacent property owners which identify concerns with the proposed church expansion
and the existing use operations. In addition, a petition signed by 19 neighbors was
submitted to the City this week. The letters and petition have been included as
attachments to this staff report.
The neighborhood concerns seem to be related to the following main issues:
Lighting: off site glare and light spill; existing pole and building mounted lights
too bright and remain on all night
Noise: church activities take place throughout the week and into the late evening
Water drainage: increased runoff, erosion, sedimentation from site improvements
& proposed asphalt. Effects on roads and downstream properties resulting from
impervious surface incrementally added
Traffic: increased traffic from expanded church actives. Parking on street.
Proposed driveway entrance on San Clemente will add traffic to narrow street
Frontage improvements have not been required to be completed by church
Incremental changes to site: small additions, fences, grading, retaining walls,
paving, and storage facilities. Has work been permitted? Not consistent with
neighborhood character. Noise associated with site work
Intensity of use not in character with neighborhood. Areas of use have been
added; activities, meetings and services added. Proposed expansion to adjacent
site is a concern
Events bring large crowds, impact neighborhood. Additional flood lights brought
in
City staff has included Conditions of Approval in the attached draft resolution in order to
try to mitigate some of the issues which the neighbors have raised. The Planning
Commission may modify, remove or add conditions as necessary in order to create
neighborhood compatibility for the proposed CUP Amendment.
If it appears that the issues cannot be resolved at the scheduled CUP Amendment
hearing, the Planning Commission may choose to refer the item to Design Review
Committee for further review and discussion. A more informal setting, such as DRC,
may be a better forum to facilitate discussion between the neighbors and the church in
order to resolve some of the issues raised. If referred to DRC, the City would send
notices to neighboring properties to notify of the DRC me eting, and the public would be
invited to attend. If referred back to staff to take to DRC, the Commission should
identify specific issues which need further attention and resolution.
The following detailed analysis is provided to review the proposed improvements and
the issues raised by the neighbors. Staff has included conditions of approval in the draft
resolution as discussed below. Planning Commission may modify, add or delete
conditions as needed.
Paved parking area: asphalt parking lot proposed, one way in and one way out, with
two (2) new drive approaches on San Clemente Road. Building permits would be
required prior to installation if the driveway. Grading and drainage improvements
would be reviewed, City standard drive approaches required, and a parking lot
striping plan submitted per City codes. A minimum 16-foot wide clear accessway
would be required to be provided through parking lot for fire department access.
Drainage: A drainage report was completed in 2006 for the lower gravel overflow
parking lot and basin. The applicant’s engineer has updated the plan to match the
current proposed expansion of impervious surface. The existing drainage basin is
identified to be large enough to handle the additional runoff.
Parking lot landscape: submitted plans show new landscape is proposed
throughout the parking lot and San Clemente frontage. Atascadero Municipal Code
(AMC) section 9-4.119 (parking lot construction standards) requires parking lots
abutting a public street to be separated from the street right-of-way by a
landscaping strip with a minimum width of ten (10) feet. Where parking spaces are
arranged to head toward the street, a minimum three (3) foot high solid fence
decorative wall or landscape equivalent located on the parking lot side of the
landscaping strip. Due to the narrow width of the area where the parking lot is
proposed, the site plan proposes asphalt paving up to edge of the subject property,
with landscape to be installed along the property line. The landscape would be
similar to the evergreen plants which were installed towards the bottom of the site
next to the overflow lot and DG basin a few years ago. Much of the foliage of the
landscape buffer would be located in the public right-of-way, which may limit on
street parking in this location. Public Works has advised the church that pedestrian
and bike access must be maintained along San Clemente Road, and if frontage
improvements were to be installed in the future, some landscape may need to be
removed.
Parking lot lights: There are 8 pole mounted light fixtures identified with the current
amendment. Two existing lights are identified at the top of the paved lot near the
sanctuary. The site plan identifies two new lights to be installed further down in the
existing parking lot, two new lights in the new parking lot off San Clemente, and two
new lights to be installed at the playground near the corner. City staff has included
conditions in the resolution which requires the site lighting to comply with City
ordinances. AMC section 9-4.137 has specific exterior lighting standards which
limiting off site glare and light spill. Staff is recommending that a photometric plan
be completed and a building permit obtained for the lights. A photometric plan
would show the light levels of all existing and proposed lights so that any light spill
or overly bright fixtures can be modified. Additional conditions could be added by
the Planning Commission to require a shut off time for the parking lot lights.
Signage: Signage in the residential zone must be specifically permitted through the
Conditional Use Permit. Currently, there are several non-permitted banner type
signs posted throughout the church property. Through the CUP, the church is
proposing one monument sign and one wall sign along Portola Road. Staff has
included conditions of approval in the CUP resolution to specifically allow one
monument sign (up to 20 sq. ft. in size) and one wall sign (up to 10 sq. ft. in size)
facing Portola Road. All other temporary signs would be required to be removed
from both properties. A limited number of directional signs are allowed in addition
to the permitted signage, per Sign Ordinance standards.
New 768 sq. ft. storage garage: proposed behind sanctuary, above the new parking
lot facing San Clemente. The building is proposed with siding painted to match the
main sanctuary building. A roll up door would be visible, but is conditioned to be
painted to match the siding so it does not stand out. The appearance, design and
location of the building is under review of the Planning Commission as part of the
CUP.
Eight (8) foot fence to enclose yard: The existing open area between parking lot
and sanctuary is proposed to be fenced to provide an area for outdoor church
gatherings. Per the Municipal Code, fences over 6-foot in height must be approved
through Conditional Use Permit. Visual impact and the ability to maintain a
neighborhood friendly street frontage are considerations for fences over the
standard height limit.
New masonry trash enclosure: A new trash enclosure is shown on the plans
towards the end of the new asphalt parking lot. The masonry enclosure is
conditioned to have a decorative exterior (split face block or stone veneer) and
include landscape around the enclosure.
Prior site improvements: A number of minor site improvements have been
completed on site incrementally over the years. Site additions are allowed and can
be permitted provided that the improvement does not create more than a 10%
increase or overall site change when compared with the approved master plan of
development. City staff has inspected the site as complaints have been received,
and the church has obtained permits for any work that should have required a
building permit. In many cases, improvements have been minor or landscape
related and have not required permits per building code or municipal code
standards. There is one sea-train container currently located on site which was not
permitted, and is proposed to be removed with this amendment.
Frontage improvements: Frontage improvements are not required to be completed
with the proposed CUP amendment. Road improvements are only required by the
City if there is more than a 25% increase in value in the structures onsite.
Use of adjacent single family residence: The CUP application identifies the
adjacent existing single family residence to be converted to future church offices. If
approved for expansion through the CUP, an ADA compliant path of travel would be
required to be made for any areas of use by the public or staff. Based on neighbor
complaints and signage on site, church services may already be taking place on the
adjacent property. The existing residence at this location is permitted the same
rights as any other residence, and the City does not regulate private gathering on
the property. However, if formal church services and activities open to the public
and taking place on the adjacent property, it would appear that the use is not
residential in nature and should be included with the use permit for the church.
Conditional Use Permit Findings
A Conditional Use Permit Amendment is required for the expansion of the church
facilities to ensure compatibility with the surrounding neighborhood and mitigatable
impacts such as drainage, noise, and overall project appearance. The Conditional Use
Permit process provides the opportunity for the public and the Planning Commission to
review the specifics of land use proposals, such as arc hitectural design, site design,
landscape, signage, drainage, and specific standards of the Zoning Ordinance. The
Planning Commission must make the following five findings in order to approve a
Conditional Use Permit:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual.
Staff Comment: The use is consistent with General Plan Land Use Element Policy
1.3.2, which requires landscape buffering of non-residential uses.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment: Proposed site improvements can be approved by the Planning
Commission through the Conditional Use Permit process. AMC section 9-
6.121(special use requirements for churches and related activities) requires that
church facilities shall be located on a collector or arterial . Portola road is identified
as a minor arterial in the General Plan. Conditions of approval included in the draft
resolution are included in order to ensure compliance with other site development
standards of the Municipal Code, including landscape, drainage, lighting and trash
storage.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: With the conditions of approval, the proposed site improvements
should not be detrimental to the general public or working person’s health, safety, or
welfare.
4. That the proposed project or use will not be inconsistent with the charact er or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: As conditioned, the proposed project expansion may be found to be
compatible with the surrounding neighborhood. Conditions include landscaping to
buffer the new parking lot from adjacent single-family residences, drainage
mitigation, and a photometric plan to verify lighting compliance.
5. That the proposed project or use will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan.
Based on staff’s analysis in the preceding sections, and with conditions included, it
appears that the required findings for approval of a Conditional Use Permit can be
made. Conditions may be modified, added or deleted by the Planning Commission as
needed to make the required findings prior to project approval.
Proposed Environmental Determination
The proposed project qualifies for a Class 1 categorical exemption for the operation,
permitting, and minor alteration of existing facility, involving negligible expansion of
existing use. Class 1 exemption applies specifically to the conversion of the existing
single family residence to church offices.
The proposed project also qualifies for a Class 3 Categorical exemption under CEQA,
including new construction or conversion of a limited number of small structures or
facilities. The Class 3 exemption applies to the new parking lot, lightin g, signage, fence
and storage garage.
Conclusion
The proposed project includes an expansion to an existing church facility to allow for
expanded areas of use. Conditions of approval have been included by staff into order
to create compatibility between the church and surrounding single family residence
neighborhood. The Planning Commission may modify the project or conditions of
approval as needed. If a resolution cannot be reached at this meeting, staff
recommends that the project be referred to a publically noticed the Design Review
Committee meeting for further discussion.
ALTERNATIVES
1. The Commission may include modifications to the project and/or conditions of
approval for the project.
2. The Commission may determine 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 required and move to continue the item to a future date.
3. The Commission may refer the item back to the applicant and staff and Design
Review Committee to develop the additional information on some aspects of the
project. The Commission should direct staff to schedule to item for a publicly
noticed Design Review Committee meeting in order to include the neighborhood
at the table during discussions. The Commission should clearly state the type of
information required and move to continue the item to a future date.
4. The Commission may deny the project. The Commission should specify the
reasons for denial of the project and make an associated finding with such
action. The existing CUP, last approved by resolution in 2006 with conditions of
approval, would remain in effect and the expansion of facilities would not be
permitted.
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: 2010 Aerial photo
Attachment 3: Site Photos
Attachment 4: Letters from neighbors
Attachment 5: 2002: approved site plan & aerial photo
Attachment 6: Draft Resolution PC 2013-0009
Attachment 1: Location Map, General Plan and Zoning
Zoning: Residential Single-Family - Z (RSF-Z)
General Plan Designation: Single-Family Residential - Z (SFR-Z)
Project Site
6955 & 6855 Portola
Attachment 2: 2010 Aerial Photo
Attachment 3: Site Photos
Proposed asphalt parking lot along San Clemente Rd.
Trash enclosure to be
relocated and constructed
with masonry
One monument sign and one
wall sign to be permitted
through CUP
Several unpermitted banner
signs existing on site
Attachment 4: Letters & Petition from Neighbors
Attachment 5: 2002 approved site master plan and site conditions
Site Master Plan approved 2002
Amended 2006 to add DG parking lot on adjacent parcel
2002 Aerial Photo
RESOLUTION PC 2013-0009
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT 2002-0071
AT 6955 AND 6855 PORTOLA RD
APN 054-071-001 and 054-083-004
(Refuge Church)
WHEREAS, an application has been received from Refuge Church (6955 Portola Rd,
Atascadero, CA 93422) Owner and Applicant to consider a project consisting of a Conditional
Use Permit Amendment for expansion of existing church facilities, including parking, storage
buildings, offices, fencing and lighting (Amendment to CUP 2002-0071); and,
WHEREAS, the site’s current General Plan Designation is Single-Family Residential - Z
(SFR-Z); and,
WHEREAS, the site’s current Zoning is Residential Single-Family - Z (RSF-Z); and,
WHEREAS, Refuge Church has an existing Conditional Use Permit that established a
Master Plan of Development for the church use and property at 6955 and 6855 Portola Road;
and,
WHEREAS, the proposed expansion of church facilities qualifies for Class 3 and a Class
1 categorical exemptions per the requirements of CEQA; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit 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
Master Plan of Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 16, 2013, studied and considered the Conditional Use Permit
Amendment 2002-0071, and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for approval of Conditional Use Permit Amendment. 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 any pertinent City policy or criteria adopted by
ordinance or resolution of the City Council; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on April 16, 2013, resolved to approve an Amendment to Conditional Use
Permit 2002-0071 (Master Plan of Development) subject to the following:
EXHIBIT A: Categorical Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT C: Site Plan: Master Plan of Development
EXHIBIT D: Fence Detail and Landscape Legend
EXHIBIT E: Storage Garage Elevation & Floor Plan
EXHIBIT F: Modular classroom plans (permitted 2002)
EXHIBIT G: Overflow parking lot landscape (permitted 2006)
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
______________________________
David Bentz
Planning Commission Chairperson
Attest:
______________________________
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Notice of Exemption
2012 Amendment to CUP 2002-0071, Refuge Church
EXHIBIT B: Conditions of Approval
. 2012 Amendment to CUP 2002-0071, Refuge Church
Conditions of Approval
6955 Portola Rd
2012 Amendment to CUP 2002-0071
Refuge Church
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Planning Services
1. This conditional use permit shall be for expansion of an existing church facility as
described on the attached exhibits and located on parcels 054-071-001 and 054-
083-004 regardless of owner.
On-going PS
2. The approval of this use permit shall become final and effective for the purposes of
issuing building permits fourteen (14) days following the Planning Commission
approval unless prior to the time, an appeal to the decision is filed as set forth in
Section 9-1.111(b) of the Zoning Ordinance.
On-going PS
3. The Community Development Department shall have the authority to approve the
following minor changes to the project that (1) modify the site plan project by less
than 10%, (2) result in a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive to the Master Plan of Development.
The Planning Commission shall have the final authority to approve any other
changes to the Master Plan of Development and any associated Tentative Maps
unless appealed to the City Council.
BP PS, CE
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months
after its effective date. At the end of the period, the approval shall expire and
become null and void unless the project has received a building permit to begin the
proposed improvements.
BP PS
5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or
its agents, officers, and employees against any claim or action brought to challenge
an approval by the city, or any of its entities, concerning the subdivision.
Ongoing
6. Any subsequent Tentative Map and construction permits shall be consistent with the
Master Plan of Development contained herein.
BP PS, CE
7. All conditions of the original Conditional Use Permit application to establish the
Master Plan of Development for the church site, and the 2002 and 2006 master plan
of development amendments, shall remain in effect for the operation and
development of the site, unless specifically modified or removed by this resolution.
Ongoing PS
8. The existing DG parking lot on APN 054-071-001 (permitted in 2006) shall remain
for occasional use only as an overflow parking lot, per the 2006 conditions if
approval. Any more frequent use shall require Conditional Use Permit Amendment
and will require paving of the lot and additional site improvements.
No lighting shall be permitted within the overflow parking area. All existing and
proposed on-site lighting shall be full cut-off shielded lighting with the exemption of
On-going PS
Conditions of Approval
6955 Portola Rd
2012 Amendment to CUP 2002-0071
Refuge Church
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
low wattage bulbs as permitted by the Atascadero Municipal Code.
Landscaping screening of the overflow lot shall include evergreen trees and shrubs
installed along the North, South, and east property lines. Landscape plan shall
incorporate drought tolerant plants, and a professional planting and irrigation plan
shall be provided.
No storage of vehicles or other church related items is permitted within the overflow
parking area.
The detention shall be sized to accommodate flows from the overflow parking area
improvements as well as run-off from existing site improvements as feasible based
on slope, as reviewed and permitted in 2006.
The recorded easement over the property to allow for the use of the parcel as an
overflow parking area for the church shall remain in perpetuity. The parking
easement may be extinguished if the master plan of development is amended to
eliminate the parking lot.
9. The modular classroom shall remain as originally permitted in the 2002 CUP
amendment. Exterior elevations, colors, landscape and fencing shall remain as
originally permitted by the 2002 CUP.
The buildings shall continue to be used for children’s classrooms that do not
generate additional parking demands when the sanctuary building is in use.
10. All site work, grading, and site improvements shall be consistent with the Master
Plan of Development as shown in EXHIBITS C through G. The Master Plan of
Development has been amended to include the following, subject to conditions of
approval:
New asphalt parking lot with landscape buffer next to San Clemente Road
New parking lot and playground pole lights
768 sq. ft. storage garage building
Eight (8) foot fence to enclose yard space behind sanctuary
New masonry trash enclosure
New and/or relocated signage
Add adjacent property to master plan of development to allow existing
residence to be converted to church offices in the future
BP PS, CE, BS
11. A building permit shall be obtained for the new parking lot prior to any grading,
drainage improvements, or asphalt installation.
Encroachments permits shall be obtained to install and inspect City standard drive
approaches.
Striping of parking spaces shall comply with Municipal Code standards for
BP PS, CE, BS
Conditions of Approval
6955 Portola Rd
2012 Amendment to CUP 2002-0071
Refuge Church
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
dimensions and construction.
A 16-foot clear accessway shall be provided through the parking lot to provide for
fire department access. Red curbs or no parking signs will be installed as required
by the Fire Department
Directional signage shall be installed to identify entry, exist, and one way vehicle
flow through the new parking lot.
Drainage flow through the site and associated drainage improvements shall be
reviewed by the City engineer prior to installing asphalt or grading the new parking
lot adjacent to San Clemente Road. Location of discharge of water shall be shown
on plans. The detention shall be sized to accommodate the proposed new
impervious surface, and flows from the previously installed overflow parking area
improvements and other run-off from existing site improvements as feasible based
on slope.
12. A final landscape and irrigation plan shall be approved prior to the issuance of
building permits as follows:
A landscaping buffer including evergreen trees and shrubs shall be installed
along the San Clemente frontage.
Landscape shall be installed throughout the new parking lot off San Clemet
road, consistent with Municipal Code standards
Landscape shall be installed to screen the trash enclosure, and around the
exterior of the new 8 foot fenced yard area
Landscape plan shall incorporate drought tolerant plants and low water use
drip irrigation
A professional planting and irrigation plan shall be provided prior to the
issuance of building permits.
BP PS, BS
13. Landscaping along the San Clemente frontage shall not impede pedestrians or
bikes from using the San Clemente right-of way
BP PS, CE
14. A building permit shall be obtained prior to the conversion or use of the single family
residence and yard for church services or offices. An ADA compliant path of travel
shall be provided for any areas of use by the public or church staff.
BP PS
15. The existing unpermitted sea-train container on site shall be removed from the site On-going PS, BS
16. A new masonry trash enclosure shall be constructed on site as shown in exhibit C.
The enclosure shall be made of decorative material (either split face block or stone
veneer) and shall include painted metal doors
Landscaping shall be provided to help blend the enclosure into the site
BP PS, BS
Conditions of Approval
6955 Portola Rd
2012 Amendment to CUP 2002-0071
Refuge Church
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
A building permit shall be obtained prior to construction of the trash enclosure
Atascadero Waste Alternatives approval shall be obtain to verify the location and
size of the enclosure meets the trash hauler’s standards.
17. An eight (8) foot fence shall be permitted to enclose the yard space behind the
sanctuary. The top two feet of fence shall be open, trellis material, and the bottom 6
feet may be solid wood, as shown in EXHIBIT D. Landscaping shall be provided
around the exterior of the fence. A building permit shall be obtained for fences over
6 feet in height
BP PS
18. A photometric plan shall be submitted and building permits obtained prior to
installation of any new exterior lights. Parking lot lights shall be limited to a
maximum of 2.0 footcandles, with site safety to be considered and light levels
discussed with a lighting professional in charge of preparing the photometric plan.
The photometric plan shall verify compliance with City codes, and ensure no light
spill offsite. Light sources shall be shielded so that they are not visible from offsite.
The photometric plan shall ensure that any existing exterior lights on site are
incompliance with City codes. New and existing exterior light fixtures shall be
modified or moved as necessary to comply with City lighting ordinances.
BP PS, BS
19. A new 768 sq. ft. storage garage shall be permitted behind sanctuary, above the
new parking lot facing San Clemente as shown in EXHIBIT C. A building permit
shall be obtained prior to construction of the garage. Siding shall be installed and
painted to match the existing sanctuary building. The roll up garage door shall be
painted to match the walls of the garage to help it blend in. Accessibility and
setbacks shall be provided for storage garage, consistent with Building codes in
place at time of construction.
BP PS, BS
20. One (1) monument sign (up to 20 sq. ft. in size) and one wall sign (up to 10 sq. ft. in
size) may be permitted facing Portola Road.
All other temporary signs and banner shall be removed from both of the subject
properties. No signage shall be installed on San Clemente Road.
A limited number of directional signs may be permitted in addition to the permitted
signage, per Sign Ordinance standards.
A building permit shall be obtained for any new or relocated signs
Ongoing,
BP
PS, BS
City Engineer Conditions
21. Drainage easements shall be obtained by the applicant as needed to accommodate
both public and private drainage facilities.
GP, BP CE
22. Slope easements shall be obtained by the applicant as needed to accommodate cut
or fill slopes.
GP, BP CE
23. Prior to issuance of a grading or building permit, the applicant shall provide a
drainage report for site drainage and detention basin sizing in accordance with City
Engineering Standards. Report shall be signed and stamped by a registered
GP, BP CE
Conditions of Approval
6955 Portola Rd
2012 Amendment to CUP 2002-0071
Refuge Church
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
engineer. Report shall include an evaluation of downstream facilities to safely
convey run off from this project.
24. Prior to issuance of a grading or building permit, the applicant shall provide a
grading and drainage plan detailing how storm water runoff will be conveyed from
parking areas to the storm water detention basin. Plans shall include details for
construction of detention basin, overflow structures, piping, etc,, for all drainage
improvements.
GP, BP CE
25. Prior to issuance of a grading or building permit, the applicant shall provide an
erosion control plan depicting both temporary and permanent erosion control
measures and any details for implementation.
GP, BP CE
26. Prior to issuance of a grading or building permit, the applicant shall provide copies of
both an access and drainage easement, from the property owner to the applicant,
for acceptance of storm water runoff from this project and maintenance of the
detention basin, as needed for the proposed expansion.
GP, BP CE
27. The applicant shall obtain an encroachment permit for any work in the public right of
way.
BP CE
28. Drainage patterns shall not be modified without obtaining permission of the City. All
drainage structures shall be maintained throughout the year.
On-going CE
EXHIBIT C: 2002 Site Plan (superceeded)
2002 site plan superseded by 2006 and
2012/2013 CUP amendments
EXHIBIT C: 2006 Site Plan (superceeded)
2006 site plan superseded by
2012/2013 CUP amendment
EXHIBIT C: 2012/2013 Site Plan as amended
EXHIBIT D: Fence Detail and Landscape Legend
8’ fence to be located behind
sanctuary, near Portola Road
Landscape Plan and Legend
EXHIBIT E: Storage Garage Elevation & Floor Plan
Siding to be painted to match
existing sanctuary building Roll up garage door to be painted same
color as siding (not contrasting color)
EXHIBIT F: Modular classroom plans (permitted 2002)
EXHIBIT F: Modular classroom plans (permitted 2002)
EXHIBIT G: Overflow parking lot landscape (permitted 2006)
Landscape for parking lot
and basin
Parking lot shade trees
and landscape buffer
along road, as required by
conditions of approval and
shown on 2006 site plan
Atascadero Planning Commission
Staff Report - Community Development Department
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2099-1033
Amendment to Conditional Use Permit 2003-0095
Master Plan of Development for Southside Villas
9190 San Diego Way
(CenCal Ventures, LLC / Roberts)
SUBJECT:
The proposed project consists of an application to amend Conditional Use Permit 2003-
0095 (Master Plan of Development) for an 84-unit air space condominium development.
The proposed amendment includes redesign of remaining units from apartment style
condominium units to multi-story attached townhouse style condo units. The proposed
attached townhomes will not be on individual lots and will continue to be considered a
condominium. The total project mix would include 26 condominium units and 48
townhouse condo style units, for a total of 74 multi-family units. The applicant is
requesting the rescinding of an approved 35% density bonus for the provision of low-
and/or very low-income units as a part of this Amendment.
RECOMMENDATION(S):
Design Review Committee Recommends:
1. The Planning Commission adopt Resolution PC 2013-0010 approving an
amendment to Conditional Use Permit 2003-0095 based on the required findings
and subject to Conditions of Approval.
Planning Commission may make an optional recommendation to City Council regarding
the applicant’s request to eliminate two (2) existing affordable housing units by adopting
Resolution PC 2013-0011.
ITEM NUMBER: 5
DATE: 4-16-13
REPORT-IN-BRIEF:
The applicant is proposing amendments to a previously amended 2003 Master Plan of
Development (Conditional Use Permit) that includes the following:
Reduction of the total number of units from 84 condo units to 74 condo units;
Re-design of remaining units from apartment style condominiums to townhomes;
Site Plan revisions including proposed redesign of passive open spaces areas
and elimination of carports for remaining units;
Revised elevations and floor plans for proposed townhomes that includes
garages to replace remaining carports;
Alternative off-site improvement for frontage improvements along San Diego
Way;
Proposed elimination of approved 35% density bonus for the provision of low-
and/or very low-income units due to the reduction in the number of units and the
2011 up-zoning of the underlying RMF zone.
Release of affordable deed restriction on two (2) existing very low income units in
Building A and Building B.
DISCUSSION:
Situation and Facts
1. Property Owner/Applicant: CenCal Ventures, LLC, 5423 Village Road Suite 200
Long Beach, CA 90808
2. Representative: Tim Roberts, 2015 Vista De La Vina, Templeton, CA
93465
3. Property Owner: CenCal Ventures, LLC, 5423 Village Road, Suite 200
Long Beach, CA 90808
4. Project Address: 9190 San Diego Way, Atascadero, CA 93422
APN 045-324-001 through 085
5. General Plan Designation: High Density Residential (HDR)
6. Zoning District: Residential Multi-Family (RMF-20)
7. Site Area: 3.9 net acres
8. Existing Use: Partially Vacant
9. Environmental Status: Consistent with Certified Mitigated Negative Declaration
(2003-0035) for CUP 2003-0095
Background:
Southside Villas Apartments was approved by the Planning Commission (CUP 2003-0095)
as an 86 unit multi-family apartment development in October 2003. At the time of the
application, the underlying zoning of the proposed project was Residential Multi-family 16
(RMF-16) or a maximum of 16 units per net acre. The base density of the proposed project
was 62 units. The applicant requested a State Density Bonus of 35% (22 units) for the
provision of affordable housing. Consistent with State Law, either 10% of the base density
units (7 units) would be deed restricted very low income units or 20% of the base density
units (13 units) would be deed restricted for low income households. The Planning
Commission granted this density bonus as a part of its October 2003 master plan of
development approval.
In July 2004, the applicant revised their site plan as proposed amendments to the approved
Master Plan of Development that included increases in building size; elimination of common
laundry facilities and inclusion of individual facilities in each unit; architectural design
changes; and minor reconfigurations of open space areas in order to sell the units as an air
space condominium development. As a part of the amendment, the applicant proposed to
reduce the number of units from 86 to 84, but requested to maintain the previously approved
State Density Bonus. The Planning Commission approved the amendment.
The applicant submitted for building permits as a part of the original 2003 approval and
subsequently revised those plans based on the 2004 amendment. Building permits were
approved in 2005. The developer at the time, JRCA, commenced construction on the project
in the Fall of 2005 along with bonding for a Final Map, which was recorded in 2005. Building
A was completed in 2006 and Building B was completed in 2007. Work on Building C began
in 2006 however work was suspended in 2007.
Since 2007, the project has remained incomplete. Most of the residential units in A and B
are occupied. Building C has sat vacant since 2007 with its shell complete. The project
officially went into foreclosure in 2010.
The property was purchased out of bankruptcy in the Spring of 2012. Staff has worked with
the applicant, CenCal Ventures, since the Winter of 2011, answering questions, providing
due diligence and guiding the proposed project revisions to ensure a high-quality residential
project that integrates the existing condo units with project that is better suited for today’s
real estate market.
Design Review Committee Review:
The Design Review Committee met in November 2012 to discuss the project and the
proposed redesign. The DRC recommends approval of the proposed project, with the
following changes:
Driveway lengths shall be a minimum of 20-feet in length to satisfy the City’s
parking requirements. If driveway length cannot meet 20-feet minimums, then the
driveway shall be no longer than 10-feet in length and the project shall meet its
parking requirements with additional parking on-site.
A Public-Use easement shall be recorded prior to the recordation of Final Map
outlining the use of sidewalks fronting San Diego Way for public use (Condition
49).
Additional façade enhancements for all rear and side facing elevations adjacent
to San Diego Way and El Camino Real. This includes use of decorative window
shutters the use of decorative gable vents or other decorative similar to the
existing condos; consistent with the Spanish Revival influenced architecture.
Units 27, 35, and 47 shall have a side entry feature such as wrap around porch
or other type of amenity to enhance the pedestrian/street level connectivity of the
development.
Staff shall review and approve any masonry and/or tile options that are placed on
the façade for architectural consistency.
Project Applicant shall work with City Staff to provide additional parking on-site.
Additional parking should consist of decorative pavers, grasscrete, or other
pervious decorative surface to reduce/mitigate storm water runoff (condition 30).
Project Applicant will work with City Staff on project fencing options to be
included as a part of the Master Plan of Development addendum.
Surrounding Land Use and Setting:
North: Residential Multi-family (RMF-20)
South: Open Space (OS-1) / PD-12 (Dove Creek)
East: Residential Multi-family (RMF-20) / Commercial Neighborhood (CN)
West: Residential Multi-family (RMF-20)
The proposed project is located within the High Density Residential designation and is
zoned Residential Multi-family (RMF-20), which allows for a maximum density of 24
units per net acre. The previous underlying zoning district was RMF-16, which allowed
up to 16 units per net act. In 2011, as a part of the City’s Housing Element Update, the
City Council re-zoned all of the RMF-16 zones to RMF-20 which allow for a maximum of
24 units to the net acre.
To the east and west of the development, properties are zoned similar to the proposed
project with high density apartments and a mobile home park. To the north of the project
is an existing single-family home, with an underlying designation of RMF-20 and to the
south of the proposed project is an area designated as open space. This area includes
a remediated wetland and will remain an open space area per the Dove Creek Master
Plan.
ANALYSIS:
The proposed application is to amend the existing Master Plan of Development. The
applicant proposes modifications to the site plan, building types, elevations, parking,
passive open space areas, and landscaping. The changes proposed by the applicant
are reflective of the changing market demands and create a more viable and
marketable project at this time.
Building Type and Location Modifications
The largest proposed change to the approved Master Plan of Development is the
residential unit types. The approved site plan included the build-out of 84 air-space
condominium units in 2 to 3 bedroom configurations. Each unit would contain its own
separate laundry facilities and the project area would meet parking demands through
off-site carports and uncovered spaces. Building A and Building B were constructed and
occupied utilizing these floor plans and building types. Building C, with an additional ten
units, will be consistent with the previously approved project. A total of 26 air-space
condominium units will be constructed within building A, B and C. The applicant has
proposed this portion of the project as Phase I.
The applicant is proposing to change the building types from apartment style air-space
condominium buildings to attached condo style townhomes for the remainder of the project.
To accommodate this design change, the applicant proposes to reduce the total number of
units constructed from 84 units to 74 units. A total of 48 attached townhome condo style
units would be constructed over two phases.
2004 Approved Site Plan
The proposed modifications include maintaining the general location of the attached
townhomes consistent with the previously approved building locations for the air-space
condominiums. In an effort to maintain the existing submitted building permits and
associated fees, Staff has determined that if the proposed site plan amendments maintain
the same number of townhome units consistent with the corresponding apartment style
condo unit building permits, than the old permits would remain valid.
Site Plan Modifications
The proposed site plan includes units facing the internal street network. Open Space areas
would remain in their general locations. The proposed play area has been moved from
south of El Camino Real and combined to create a more formalized informal open space /
pocket park area near San Diego Road. Trash enclosures will be located in various
locations throughout the development.
The applicant is not proposing any major circulation changes, with the exception of a new
access road off of Pamplona. With the proposed townhomes, the applicant is maintaining
the existing carports that were constructed as a part of Phase I. The remaining proposed
carports will eliminated. The applicant proposes the use of uncovered on-street parking as
well as one-car garages with minimum 20-foot driveway lengths to meet parking demands
(Condition 24).
Staff is recommending the use of raised pavers, stamped and/or colored concrete
throughout the development for designated pedestrian crossings (Condition 25), similar to
other development project of this scale throughout the City. Sidewalks will be installed
throughout the development connecting the attached townhomes to the main open space
areas along San Diego Way.
2013 Proposed Master Plan Revisions
An Open Space area near San Diego Way will be utilized for drainage, and the applicant will
continue to be responsible for the drainage facilities and wetland mitigation (Condition
45,46,47,Mitigation Measure 4.a, 4.b.1), consistent with previous project approvals.
On-Site Parking
Parking for multi-family residential projects is based on the City’s Municipal Code
standard.
Atascadero Municipal Code Section 9-4.118
Multifamily dwellings (including condominiums and
other attached ownership dwellings)
Residential Parking:
1 b.r. unit: 1.5 spaces
2 b.r. unit: 2.0 spaces
each additional bedroom: 0.5 spaces
Guest Parking:
1 space per 5 units, or fraction thereof
The Master Plan of Development required 197 spaces provided on-site for residential
uses. With the reduction in the number of units and the increase in the proposed
number of bedrooms per unit, the following is the required number of parking spaces
per the municipal code:
Unit Type Number
of Units
Parking Requirement Parking Spaces
Required
2 bedrooms 26 2.0 spaces 52 spaces
3 bedrooms 48 2.5 spaces 120 spaces
Guest Spaces - 1 per 5 units 15 spaces
Total Number of Parking Spaces Required 187 spaces
The Design Review Committee (DRC) recommended that staff work with the applicant
on ways to provide more parking within the development to accommodate the additional
3-bedroom units as well as address additional on-site guest parking. Staff has worked
with applicant’s representatives and reviewed the site plan for ways to accommodate
additional parking on-site.
The proposed project revisions include a one-car (1) attached garage for each
townhouse unit, additional parking is provided in townhouse unit driveways, (condition
24). The City’s Municipal Code allows for (Section 9-4.115) flexibility in meeting the
required number of spaces. Parking lots with over 20 spaces can substitute the
following:
Up to 20 percent of the spaces can be compact parking;
Substitute one (1) regular space at a ratio of one (1) motorcycle space for each
twenty (20) spaces;
Substitute a bicycle rack providing space for at least five (5) bicycles at a ratio of
one (1) bicycle rack for each twenty (20) spaces.
Based on this code section, the applicant could provide the maximum substitution for
off-street parking, based on parking that is not accommodated in a garage or private
driveway (94 total parking spaces):
Up to 19 compact spaces;
Up to 5 motorcycle spaces;
Up to 5 bicycle racks;
The applicant is providing the following parking spaces. To meet parking requirements
and provide additional parking as directed by the DRC, the applicant is providing
additional compact and motorcycle spaces that is allowed for substitution per the City’s
Municipal Code.
Parking Provided Number of Parking
Spaces
One-Car Garage 48 spaces
Private Driveway 48 spaces
Carports 34 spaces
Uncovered Parking 26 spaces
Uncovered Parking (compact) 26 spaces
Motorcycle Parking 8 spaces
Bicycle Racks (accommodating 5 bicycles) 5 Total
Total Number of Parking Spaces Provided 190 spaces
Parking Required 187 spaces
Net Parking +3 Spaced Over Code
The AMC does allow for the Planning Commission to modify parking standards through
the CUP process. Consistent with AMC Section 9-4.115(i) the Planning Commission
must make a finding that allowing additional compact spaces and motorcycle spaces
will be adequate to accommodate all parking needs generated by the use. This finding
is included as a part of the recommendation of approval.
Proposed Building Elevation and Materials Revisions
The 2004 amended Master Plan of Development proposed a mix of two and three
bedrooms Spanish-themed building designs. Building materials included Spanish tile
roofing, smooth finished stucco exterior, decorative ironwork, and upgraded recessed
windows. The residential units retained private outdoor patio spaces oriented toward
landscaped open space areas. Balconettes (small ornamental balcony features) were
incorporated on all sides of the residential buildings. Rear entry included additional entrance
features such as decorative iron railing with smooth finish pilasters consistent with the
building architectural theme. This elevation will remain as a part of the apartment style
condominium development of Phase I for the remaining 10 units currently under
construction.
The applicant has proposed all new elevations for the remaining 48 attached condo style
townhome units (Phase 2 and Phase 3). These elevations are similar to the existing
airspace condominium units. The proposed elevations maintain the Spanish Colonial
Revival influenced architecture. This includes stucco painted walls, low to moderate pitched
red tile roofs, and double hung windows with entryway treatments such as rounded arches.
2004 - Approved Master Plan of Development Elevations for Apartment Style
Condos
The applicant is proposing units to have a shared common wall. Units will have a varied
setback for each unit to break up the bulk appearance of each building. Entryways will be
varied with either rounded arches, or square flatwork. Smooth stucco is proposed be utilized
that is to be painted in the proposed color scheme (Condition 12). The applicant is proposing
to utilize additional façade enhancements including 6x6 terra cotta tile at the wainscot of the
entry columns (condition 12), wrap round porches at end units 27, 34, 35, 47, 48, 53, 59, 68,
60, 65, consistent with DRC recommendations (condition 26), shutters on the front, rear and
side elevations, (condition 12) and clay pipe vents at gable ends for attic ventilation
(condition 12).
Proposed Floor Plan Revisions
The Master Plan of Development contained a mix of two (2) and three (3) bedroom
residences for the apartment style condominiums. The proposed Amendment includes two
floor plan variations for the attached townhome development. Both of these proposed floor
plans contain three (3) bedrooms. The applicant is proposing to eliminate the three (3)
bedroom floor plan from the approved Master Plan of Development since no three (3)
bedroom apartment style condominium will be constructed. Table 1 provides a breakdown
of proposed floor plan revisions to match the proposed elevation changes.
2013 - Proposed Attached Townhome Elevations
Floor Plan Proposed Modifications Proposed Floor Plans
Condo Upper
/ Lower Floor
Plan
No Changes will be Made to
approved floor Plan
2 Bedroom Units constructed per
plan
Utilized in Existing Building A and B
Building C under construction with
the 2 bedroom floor Plan
No 3-bedroom units to be
constructed
Unit A
Townhome
Total unit size proposed is 1,533 sf,
Includes one-car garage attached
garage on 1st floor.
Dinning and living area located on 1st
floor.
Washer / Dryer in units
Outdoor open space area.
3 bedrooms and 2 bathrooms on 2nd
floor
Unit B
Townhome
Largest unit in the proposed unit at
1,811 sf.
Includes one-car garage on 1st floor.
Dinning and living area located on 1st
floor.
Washer / Dryer in units
Outdoor open space area.
3 bedrooms and 2 bathrooms on 2nd
floor.
Bonus loft space for sitting / storage
with access from master bedroom.
Proposed Color Board Revisions
The approved Master Plan of Development color board includes a Spanish architectural
inspired palette. Crème and a dark brown color where to be utilized throughout the
development. The proposed amended will add additional colors that provide a more colorful
and vibrant southwest flare to the Spanish style buildings.
Preliminary Landscape Plan Revision
The applicant is proposing significant revisions to the approved master plan of
development’s landscaping plan. This includes the planting of coast live oaks along El
Camino Real for the portion of the un-built project and significant tree plantings on the
relocated open space area along San Diego Way. As a part of this open space area, the
applicant proposes to relocate the existing BBQ area that has been partially completed
and co-locate this area with a new play structure, fountain, and more formalized picnic
area with shade structures. The applicant intends to utilize this informal open space
area as a key entry feature of the project from San Diego Way.
Site Drainage
The site is moderately sloped to the south-west. Consistent with the previously
approved development plan, shallow stormwater detention basins have been
incorporated into the design of the common open space areas located between
residential buildings. Detention basins have been designed in accordance with City
standards. The use of these areas as a resident amenity will not be limited by the
temporary water capacity of the proposed basins and a Condition is included to ensure
that these areas remain open and accessible to residents and guests and shall not be
fenced (Condition 8). On-site drainage is also designed to create and enhance the on-
site wetland restoration area located along the southerly boundary of the site.
Wetland Rehabilitation and Remediation
Proposed Open Space Area Revision
The project site contains a degraded wetland in areas along the south and east
boundaries extending partially onto the project site. The approved Master Plan of
Development will disturb portions of the existing wetland area. As such, staff retained
the previously approved conditions of approval pertaining to building location and
wetland reconstruction methods.
This mitigation has not yet been completed per the Corp’s permit (USACE Project
Number 28321S). The wetland area mitigation would need to be completed as shown in
Exhibit L of the conditions of approval for the Master Plan of Development. Items
remaining that need to be completed consistent with the certified mitigated negative
Declaration and Army Corp’s permit include project signage at the pedestrian pathway
entrance to the wetlands area informing users of the sensitive nature of the wetlands
habitat, and mitigation monitoring is required for five (5) years after completion of
mitigation area per the USACE permit requirement. Since the project has sat vacant for
over five years, staff is requiring that the City Biologist review what has been completed
to ensure compliance with the Mitigated Negative Declaration. Any additional items that
remain to be remedied will need to be performed prior to final of the first residential unit
constructed as a part of Phase III (Condition 27).
Condo Map Revisions
A Final Map was recorded on November 11, 2005 for the subdivision of 84 airspace
condominium units (Tract 2624). The applicant does not have to file a new subdivision
map to revise the project consistent with the California Government Code §66427.(e) of
the Subdivision Map Act. The proposed attached townhomes will not be on individual
lots and will continue to be considered a condominium. The proposed project does not
increase the previously approved number of units, continue to utilize common areas
owned by an association, and the applicant will be required to file for and receive
approval of a condo plan as defined in subdivision (e) of Section 1351 of the California
Civil Code.
The applicant is required to record CC&R’s with the map that will include maintenance
and access of common areas and will be required to provide staff a review and receive
approval for a revised condo plan (condition 28).
Off-Site Improvements
The previously approved project was required to provide off-site roadway improvements
to San Diego Way and El Camino real consistent with the Certified Mitigated Negative
Declaration to mitigate traffic impacts created by the project. The previous project owner
has completed some of the off-site improvements; however, significant off-site
improvements remain to be completed.
Full frontage improvements are required from the southerly project boundary to San
Diego Way. These include pave out for additional travel lanes with adequate width for
bicycles, curb, gutter, landscaping and sidewalk. The applicant will be responsible for
installation of an 8-foot landscape strip and a 5-foot sidewalk. The entire surface of El
Camino Real is conditioned to be restriped for bicycles lanes and two travel lanes in
both directions and a center turn lane. The El Camino Real improvements require the
applicant and the City to work a neighboring property owner to install the improvements.
The applicant and the City have reached out to the property to discuss the necessary
traffic improvements and will continue to work with the property owner to move forward
with the required frontage improvements for the El Camino Real / San Diego Way
intersection.
Additionally, frontage improvements are required for San Diego Way. Staff has worked
with the applicant and representative to address alternatives frontage improvements
along San Diego Way that would avoid significant acquisition of additional right-of-way
from the adjacent property owner at the intersection of San Diego Way and El Camino
Real. Based on the review of the previous improvements for San Diego Way, and to
accommodate the required street improvements for traffic safety and consistency with
the Certified Mitigated Negative Declaration, the City is requiring full frontage
improvements from the southerly project boundary to El Camino Real. That includes the
following:
Mid-block crosswalk to allow access to the Northern side of San Diego Way;
Any required sidewalk improvements from the Mid-Block crosswalk to El Camino
Real;
A pedestrian ramp at the corner of El Camino Real and San Diego Way.
Signage, lighting and crosswalk lighting;
A paved 5:1 transition at the proposed North East sidewalk transition (sidewalk
where the proposed barrier is located;
Speed humps and associated traffic striping;
Existing San Diego Way / El Camino Real
State Density Bonus / Deed Restricted Inclusionary Housing
At the time of the original application, the underlying zoning was RMF-16, new rezoned
to RMF-20. The maximum amount of units permitted was 62 units, based on the net
acreage of 3.9 acres. The previous applicant requested and was granted a 35% density
bonus (22 units, Condition 11) with the requirement that a percentage be set aside for
very low or low income deed restricted housing. At the time of project approval, the
State required that either 10% of the pre-density bonus project units be deed restricted
as very low-income units, or 20% of the pre-density bonus units be deed restricted as
low-income units. The project was conditioned to record these deed restricted units at
the final map recordation. The previous owner recorded deed restrictions for seven (7)
Very Low Income (VLI) units throughout the development in 2005.
In 2011, the City Council approved an “upzone” of the RMF-16 zoning district to RMF-
20 in conjunction with the Housing Element update. With the proposed amendments to
the Plan, the applicant has the opportunity to take advantage of the RMF “upzone”.
Under RMF-20, the maximum amount of units allow would be 93 units (24 units per net
acre), therefore the proposed amendments to the project no longer require the State
Density Bonus to achieve the applicant’s proposed project density of 74 units.
Two (2) of the seven (7) VLI deed restricted units (Units 207 and 104) have been
constructed. The remaining five (5) VLI units are recorded, but not constructed and are
located throughout the development that is proposed to be redesigned (Attachment 3).
The two constructed VLI units have been reported to the State as a part of the 2001-
2006 Regional Housing Needs Assessment (RHNA) reporting period. These units were
factors in reducing the number of VLI units the City needs to accommodate to meet
RHNA goals for the current 2007-2014 reporting period.
Proposed Alternative Off-Site Improvements San Diego Way / El Camino Real
The City’s adopted Housing Element has goals and policies geared towards the
preservation of affordable housing, especially those units that are deed restricted and
are within the very low to low income category of units because these units exist as
“public benefit.” The applicant is requesting waiver of the deed restricted affordable
income units in conjunction with the rescinding the approved State Density Bonus. The
Planning Commission has the authority to waive five (5) of the unconstructed deed
restricted units. Staff is recommending the applicants request to wave five (5)
unconstructed deed restricted units because the State Density Bonus is no longer
required to achieve the applicant desired project density.
Since the remaining two units already exist, and provide a public benefit, Council action
is required to address the applicant’s request to eliminate these deed restrictions. The
Planning Commission may make a recommendation to the City Council on the two (2)
constructed VLI units. The City Council would take the Planning Commission
recommendation under consideration but will have the final authority to either waive or
uphold the two (2) VLI units that have been constructed as a part of Phase I of the
proposed project redesign. The Planning Commission can adopt PC Resolution 2013-
0011 if it wishes to forward a recommendation. The Planning Commission may also
defer this item to the City Council with no action.
FINDINGS:
A Master Plan of Development is required for a multi-family development over twelve
(12) units, consistent with the City’s Zoning Ordinance in the form of a Conditional Use
Permit. The proposed Master Plan of Development Amendment modifies development
standards related to architectural design, site design, landscaping, off-site
improvements, and specific development standards that were originally included. The
Planning Commission must make the following findings in order to approve a CUP
Amendment for the proposed project, consistent with Atascadero Municipal Code
section 9-2.110(3)(iv). If the Commission chooses to deny the project, the Commission
must make specific findings for denial:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual.
Staff Comment: The use is consistent with the Multi-Family Residential designation
of the Plan and General Plan Land Use Element Policy 1.1, Housing Element Policy
1.2, Housing Element Policy 2.2, and Housing Element Policy 4.3.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment: As conditioned and based on findings, the project satisfies all
zoning code provisions and with the reduction of units as proposed, the project is
consistent the underlying zoning district and no longer requires a previously
approved State Density Bonus to satisfy project density.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed residential project will not be detrimental to the
general public or working persons health, safety, or welfare.
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The project has been designed to be consistent with the existing
neighborhood character.
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and includes road improvements anticipated by the General Plan.
6. That the proposed project is in compliance with any pertinent city policy or criteria
adopted by ordinance or resolution of the city council.
Staff Comment
The proposed project as conditioned would be in compliance with City Policies and
ordinances.
7. Additional Findings Deemed Necessary.
Staff Comment
Additional compact spaces and motorcycle spaces beyond the maximum allowed
substitutions as permitted by the Atascadero Municipal Code are required to
accommodate all parking needs generated by the proposed project to meet the
required density.
Under RMF-20, the maximum amount of units allow would be 93 units, therefore the
proposed amendments to the project no longer require the State Density Bonus to
achieve the applicant’s proposed project density of 74 units. Staff recommends the
Planning Commission rescind the State Density Bonus approval as conditioned in
PC Resolution 2004-0083 and PC Resolution 2013-0010.
Based on staff’s analysis in the preceding sections and the conditions in the attached
resolution, Staff recommends that all of the required findings for approval of a
Conditional Use Permit be made.
Environmental Determination
A Mitigated Negative Declaration (MND) was certified as a part of the project approval
in 2003 and recertified in 2004. The environmental analysis identified concerns
regarding potential impacts to aesthetics, land use and planning, noise, biological
resources, and traffic. Mitigation measures pertaining to these resources are included.
The proposed revisions are consistent with the certified MND. The Planning
Commission has certified that this project will have no significant environmental effects.
Implementation of the mitigation measures would ensure that this finding remain valid.
CONCLUSION
The proposed development is consistent with the General Plan and compatible with the
surrounding neighborhood. The project incorporates appearance review of architectural
design, materials, and landscaping, and incorporates architectural themes similar to the
constructed units and the previous project approval and is recommended for approval
by the DRC. As analyzed within the project Initial Study and Draft Mitigated Negative
Declaration, the proposed Master Plan of Development would have no significant
environmental impacts and will not be detrimental to the general public or working
persons health, safety, or welfare. The Planning Commission can make the required
findings can be made for project approval.
ALTERNATIVES:
1. The Planning Commission may make modifications to the project and/or
conditions of approval.
2. The Commission may determine that more information is needed on some
aspect of the proposed amendments 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 must specify the
reasons for denial of the project and make an associated finding with such
action.
ATTACHMENTS:
Attachment 1: Location, General Plan, and Zoning Map
Attachment 2: Existing Site Photos
Attachment 3: Existing Deed Restricted Affordable Housing Locations
Attachment 4: Applicant Affordable Housing Request
Attachment 5: Proposed Project Amendment 11x17 Package
Attachment 6: Re-Certified Mitigated Negative Declaration and Initial Study
Attachment 7: Draft Resolution 2013-0010
Attachment 8: Draft Resolution 2013-0011
Attachment 1: Location Map, General Plan and Zoning
Morro Rd.
CP
CR
Project Site
RMF-20
Existing General Plan Designation: HDR
Existing Zoning District: RMF-20
Attachment 2: Site Photos
Existing Building A and B
Building C Under Construction
View from wetlands
Existing partially constructed park feature
Attachment 3: Existing Deed Restricted Affordable Housing Locations
Unit 211 has been replaced
with Unit 104 per DOC # 2013-
017348
Attachment 4: Applicant Affordable Housing Request
Attachment 5: Proposed Project Amendment 11x17 Package
Please refer to separate exhibits
Attachment 6: Re-certified Mitigated Negative Declaration (2003-0035)
Attachment 7: Draft Resolution PC 2013-0010
Approval of Amended Master Plan of Development
DRAFT RESOLUTION PC 2013-0010
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
AN AMENDMENT TO CONDITIONAL USE PERMIT 2003-0095
(MASTER PLAN OF DEVELOPMENT)
AT 9190 San Diego Way
(CenCal Ventures, LLC / Roberts)
WHEREAS, an application has been received from CenCal Ventures, LLC (5423
Village Road Suite 200, Long Beach, CA 90808) Property Owner, and Tim Roberts, PE, Roberts
Engineering, (2015 Vista De La Vina, Templeton, CA 93465) Applicant, to consider a project
consisting of an Amendment to the Master Plan of Development (CUP 2003-0095) for a 74-unit
common lot multi-family development at 9190 San Diego Way (APN 045-324-001 through APN
045-324-085); and,
WHEREAS, the site’s current General Plan Designation is High Density Residential
(HDR); and,
WHEREAS, the site’s current zoning district is Residential Multi-Family-20 (RMF-20);
and,
WHEREAS, the Atascadero Municipal Code requires the adoption of a Master Plan of
Development, approved in the form of a Conditional Use Permit for multi-family development
over twelve (12) units; and,
WHEREAS, the Planning Commission approved the original Master Plan of
Development (CUP 2003-0095) for the site in 2003; and,
WHEREAS, the Planning Commission approved an amendment to the Master Plan of
Development (CUP 2003-0095) for the site in 2004; and,
WHEREAS, the Planning Commission approved the use of a State Density Bonus to
achieve the desired project density because the underlying zoning district was Residential Multi-
Family-16 (RMF-16) for the site in 2003 and 2004; and
WHEREAS, the previous project applicant recorded seven (7) very low income units
deed restrictions on-site in compliance with the City’s State Density Bonus ordinance in 2005;
and,
WHEREAS, the proposed project amendment is now consistent with maximum density
allowable in the underlying zoning district (RMF-20); and
WHEREAS, the Planning Commission has the authority to rescind project condition 7 of
Planning Commission Resolution 2004-0083 and project condition 11 of Planning Commission
Resolution 2013-0010 requiring deed restricted housing to meet the requirements of the City’s
State Density Bonus ordinance; and
WHEREAS, the Planning Commission has authority to wave five (5) very low income
deed restricted units that are not constructed; and
WHEREAS, the Planning Commission recommends that the City Council take action on
determining the maintaining or waiver of two (2) deed restricted very low income units that have
been constructed as a part of the previous project approval; and
WHEREAS, the proposed Conditional Use Permit Amendment is in substantial
conformance with Certified Mitigated Negative Declaration prepared for the original project and
made available for public review in accordance with the requirements of the California
Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit 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
Master Plan of Development Amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 16, 2013, studied and considered the Master Plan of Development
Amendment (Amendment to CUP 2003-0095), after first studying and considering Certified
Mitigated Negative Declaration for the project (on file at City Hall), and
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The
Planning Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element; and
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. The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council.
8. The Master Plan of Development contains additional compact spaces and motorcycle
spaces beyond the maximum allowed substitutions as permitted by the Atascadero
Municipal Code but are necessary to accommodate all parking needs generated by the
proposed project to meet the required density.
9. The Master Plan of Developments underlying zoning district is RMF-20, with
maximum amount of units allow is 93 units, therefore the proposed amendments to
the Master Plan of Development no longer require the State Density Bonus to achieve
the applicant’s proposed project density of 74 units.
SECTION 2. Approval. The Atascadero Planning Commission, in a regular session assembled
on April 16, 2013, resolved to approve an Amendment to Conditional use Permit 2003-0095, A
Master Plan of Development subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan (2013 Amendment)
EXHIBIT C: Grading and Drainage Plan (2013 Amendment)
EXHIBIT D: Landscape Plan (2013 Amendment)
EXHIBIT E: Elevations
EXHIBIT F: Lower Floor Plans
EXHIBIT G: Upper Floor Plans
EXHIBIT H: Townhouse Unit A Floor Plan (2013 Amendment)
EXHIBIT I: Townhouse Unit B Floor Plan (2013 Amendment)
EXHIBIT J: Accessory Structure Designs (Apartment Style Condos / Phase I)
EXHIBIT K: Materials Board (2013 Amendment)
EXHIBIT L: Preliminary Biological Assessment; Althouse and Mead
EXHIBIT M: Follow-up Biological Assessment, Althouse and Mead
EXHIBIT N: Project Statistical Summary
EXHIBIT O: Off-site Public Improvements (2004 Amendment)
EXHIBIT P: Off-site Public Improvements Alternative
EXHIBIT Q: Parking Calculations
On motion by Commissioner____________, and seconded by Commissioner _____________
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
David Bentz
Planning Commission Chairperson
Attest:
______________________________
Warren M. Frace
Planning Commission Secretary
Exhibit A: Conditions of Approval
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Planning Services
1. This conditional use permit shall be for a 84-74 unit multi-family
development, parking lot, and landscaping on a 4.06 gross acre site
as described on the attached exhibits and located on parcel 045-352-
002, 003, 004, 006, 007 045-324-001 through 085 regardless of
owner.
Ongoing
PS
2. The approval of this use permit shall become final and effective for the
purposes of issuing building permits fourteen (14) days following the
Planning Commission approval unless prior to the time, an appeal to
the decision is filed as set forth in Section 9-1.111(b) of the Zoning
Ordinance.
FM PS
3. The Community Development Department shall have the authority to
approve the following minor changes to the project that (1) modify the
site plan project by less than 10%, (2) result in a superior site design
or appearance, and/or (3) address a construction design issue that is
not substantive to the Master Plan of Development. The Planning
Commission shall have the final authority to approve any other
changes to the Conditional Use Permit.
BP / FM PS
4. Approval of this Conditional Use Permit shall be valid for twelve (12)
twenty-four (24) months after its effective date. At the end of the
period, the approval shall expire and become null and void unless the
project has received a building permit.
BP / FM PS
5. All exterior elevations, finish materials and colors shall be consistent
with the Master Plan of Development as shown in EXHIBIT E, H, and
I.
BP PS
6. All site development shall be consistent with the maximum intensities
described in the statistical project summary as shown on EXHIBIT L.
BP/FM PS
7. All site work, grading and site improvements shall be consistent with
the Master Plan of Development as shown in EXHIBIT B, C, and D.
BP/FM PS
8. A final landscape and irrigation plan shall be approved prior to the
issuance of building permits for the first unit of Phase II and included
as part of site improvement plan consistent with EXHIBIT D. All
exterior meters, air conditioning units, and mechanical equipment
shall be screened with landscape material. Trash/recycle container
areas shall be screened with fencing or landscape.
BP PS
9. All project fencing shall be consistent with EXHIBIT H and shall be BP PS
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
installed along the site perimeter subject to the following.
a. Fence pillars and/or wall features shall incorporate materials
consistent with the architectural theme, subject to staff approval.
b. All fencing shall be low and transparent in nature and shall not
exceed a height of 5 feet with columns at a maximum of 6 feet high.
c. Fencing shall be set back a minimum of 5 feet from the property
line at El Camino Real. No fencing shall be located along San
Diego Way.
10. Retaining walls shall incorporate design & materials to utilize dark
color split face block or material compatible with the architectural
theme, subject to staff approval. Retaining wall adjacent to wetland
area and along project edge shall be of dark color split-face block to
blend with the natural vegetation, subject to staff approval.
GP
BP
PS
11. Affordable Housing Requirement: The applicant shall set aside 10%
of the base density units at the very low-income rate, or 20% of the
base density units at the low-income rate for a period of 30 years. At
least one three-bedroom unit shall be deed restricted.
FM, BP PS, CE
12. All exterior material finishes (stucco, materials, lighting) shall be
durable, high quality, and consistent with the elevations shown in
EXHIBIT E, H, and I. with the incorporation of the following, subject to
staff approval:
a. A minimum of two color schemes utilizing the same pallet shall
be utilized throughout the project in Phase I.
b. Phase II and Phase II color pallet shall be similar to Phase
I and be consistent with Exhibit K as amended.
c. All windows shall be of vinyl material and shall be gridded as
shown in EXHIBIT E. Windows shall be recessed from the
exterior building façade.
d. Windows on side elevations listed as “optional” shall be
included on all side elevations facing open space and parking
areas in Phase I portion of the project.
e. Tile accents shall be incorporated into the stucco pilasters at
the rear entrance patios in Phase I portion of the Project.
f. Shutters shall be placed the front, rear and side elevations
for the townhome portion of the project in Phase II and
Phase III.
g. Clay pipe vents at gable ends for attic ventilation shall be
utilized for all units in Phase II and Phase III
h. 6x6 terra cotta tile at the wainscot of the entry columns
BP
PS
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
shall be utilized for façade enhancements in Phase II and
Phase III units. This enhancement shall be applied to a
minimum of 24 units.
13. Unobstructed access shall be provided between the rear patios and
the shared common open space areas, as shown in EXHIBIT E for
Phase I constructed units. Open Space areas acting as detention
basins shall remain open and un-fenced.
FM
PS, CE
14. All trash enclosures shall be finished with non-machine finished, hand
troweled or similar stucco consistent with the proposed architecture
and consistent with EXHIBIT E.
BP
PS
15. Landscaping along the southern portion of the site, adjacent to the off-
site wetland and on-site wetland restoration area shall include native
tree and shrub plantings, as shown in Exhibit M/
BP
PS
16. Monument entry signage shall be consistent with design shown in
EXHIBIT H B, and shall include the following subject to staff approval:
Signage lettering shall be constructed of individual die cut raised
metal letters mounted on a smooth stucco face consistent with
building color and finish mosaic tile.
BP
PS
17. The pedestrian connection to the adjacent Dove Creek open space
area shall be located to adjoin pathways proposed for the adjacent
project.
BP
PS
18. The fire access portion of the driveway shall incorporate decorative
pavers and decorative removable bollards.
BP
PS
19. A pedestrian access path shall be provided from El Camino Real onto
the project site and shall connect with the internal pedestrian
pathways throughout the project.
BP
PS
20. Rear ground floor patio areas facing El Camino Real shall be
extended where possible to maximize private open space for each
unit.
BP
PS
21. Parking shade structures shall be constructed of heavy timber, or
similar metal elements, and shall be designed with a flat trellis style
roof, consistent to open space entry feature trellises and subject staff
approval.
BP
PS
22. Workforce Housing
Prior to issuance of building permits, the applicant shall enter into a
legal agreement with the City to reserve ½ of the units to residents or
workers within the City of Atascadero, including the affordable units.
The agreement shall include the following provisions:
FM PS, CE
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
The units shall be offered for rent to residents or workers within the
City of Atascadero for a minimum of 60-days. During this time period
offers may only be accepted from Atascadero residents or workers;
The applicant shall provide reasonable proof to the City that at least
one of the qualified renters is a resident or worker within the City Limits
of Atascadero;
The Atascadero resident or worker restriction shall apply to the initial
rental only;
The applicant shall identify which units will be reserved; and
The City Attorney shall approve the final form of the agreement.
23. As previously approved, removal of the 48” oak tree shall be mitigated
by the payment of $1600.00 into the tree replacement fund as
required by the tree ordinance.
24. Driveway lengths shall be a minimum of 20-feet to satisfy the
City’s parking requirements for the forty-eighty (48) proposed
townhouse units. If driveway length cannot meet 20-feet
minimums, than the driveway shall be no longer than 10-feet in
length and the project shall meet its parking requirements with
additional parking on-site
BP PS
25. The applicant shall install raised pavers, stamped and/or colored
concrete or other similar decorative feature throughout the
development for designated pedestrian crossings
BP PS/CE
26. Wrap around porches shall be utilized at end units 27, 34,
35,47,48, 53,59, 68, 60, 65 of Phase II and Phase III of the
proposed project, consistent with Exhibit B.
BP PS
27. City biologist shall review wetland mitigation progress to ensure
compliance with the certified mitigated negative declaration. Any
additional items that remain to be remedied will need to be
performed prior to final of the 1st residential unit in Phase III.
BP PS
28. City Staff shall review and approve project CC&R’s associated
with a revised condo map/plan that shall include maintenance
and access of common areas for all units within the master plan
of development project area.
Condo
Map
PS
29. Parking calculations shall be consistent with Exhibit BP PS
30. Parking should consist of decorative pavers, grasscrete, or other
pervious decorative surface to reduce/mitigate storm water
runoff, as needed. These should be located near the park/open
space area near San Diego Way.
BP PS
Building Services
31. A soils investigation prepared by a licensed Geotechnical Engineer
is to be provided for the project. The report is to be provided at the
BP FM
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
time of building permit submittal along with the building plans for
review by the Building Division. Recommendations contained in
the report are to be incorporated into the project plans.
Fire Marshal
32. Provide a letter from the Atascadero Mutual Water Company
stating the minimum expected water available to the site. Amount
available must meet min. requirement specified in the California
Fire Code.
33. Show location of existing and any proposed fire hydrants. BP FD
34. Note approved address signage is to be provided. BP FD
35. Note on plans On revised on-site improvement plans fire lanes
with signage locations or red curb shall be delineated to restrict
parking as required by the Fire Authority.
BP FD
36. One additional fire hydrant shall be added to the emergency
access area off of El Camino Real, subject to the approval of the
fire marshal.
BP FD
City Engineer
Standard Conditions
37. The applicant shall enter into a Plan Check & Inspection agreement
with the City.
BP BS
38. The applicant shall be responsible for the protection, relocation
and/or alteration of existing utilities.
BP BS
39. The applicant shall install all new utilities (water, gas, electric, cable
TV and telephone) underground.
BP BS
40. The applicant shall monument all property corners for construction
control and shall promptly replace them if disturbed.
BP BS
41. Prior to issuance of building permits, the applicant shall submit a
grading and drainage plan with a separate sheet(s) devoted to
sedimentation and erosion control, prepared by a registered civil
engineer for review and approval by the City Engineer.
BP BS
42. Prior to the final inspection, all outstanding plan check and
inspection fees shall be paid.
BP BS
43. All construction activities shall comply with the City of Atascadero
Noise Ordinance for hours of operation.
Construction activities shall be limited to the following hours of
operation:
7 a.m. to 7 p.m. Monday through Friday
9 a.m. to 6 p.m. Saturday
No construction on Sunday
The hours of construction may be modified by the Community
Development Director upon a determination that unusually loud
construction activities are having a significant impact on the
BP BS
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
neighbors.
Failure to comply with the above-described hours of operation may
result in withholding of inspections and possible construction
prohibitions, subject to the review and approval of the Planning
Commission.
44. Prior to the final inspection, the applicant shall submit a written
statement from a registered civil engineer that all work has been
completed and is in full compliance with the approved plans and
the Uniform applicable Building Code (UBC).
BP BS
City Engineer
Site Specific Conditions
Public Improvements:
45. El Camino Real. Full frontage improvements are required with this
development from the southerly project boundary to San Diego
Way. These include pave out for additional travel lanes with
adequate width for bicycles, curb, gutter, landscaping and
sidewalk. The project shall install 8-foot landscape strip at the
street frontage with a 5-foot sidewalk behind it. The entire surface
of El Camino Real will be restriped for bicycles lanes and two travel
lanes in both directions and a center turn lane. The landscaping on
El Camino Real shall be irrigated, maintained and cared for by this
project.
The asphalt will transition back to the existing edge of pavement at
the south end of the project at a 5:1 ratio. Public Improvement plans
shall be submitted detailing the design for approval by the City
Engineer. Cross sections shall be submitted detailing the existing
and proposed cross fall on El Camino Real.
BP PW
46. San Diego Way. Full frontage improvements are required with this
development from the southerly project boundary to El Camino
Real. These include pave out, which will allow travel lanes in each
direction with room for bicycles and no parking. A 5 foot sidewalk
will be constructed from the southerly project property line to El
Camino Real.
The City Engineer authorizes the following alternative to
satisfy San Diego Way frontage improvements. Alternative
frontage improvements shall be approved by the City Engineer
and shall include the following as shown in Exhibit P:
1. Full frontage improvement across the property
frontage.
2. A mid-block crosswalk to allow access to the
Northern side of San Diego Way.
3. Any required sidewalk improvements from the Mid-
Block crosswalk to El Camino Real.
4. A pedestrian ramp at the corner of El Camino Real
and San Diego Way.
5. Signage, lighting and crosswalk lighting as required
by the City Engineer.
BP PW
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
6. A paved 5:1 transition at the proposed North East
sidewalk transition (sidewalk where the proposed
barrier is located.
7. Speed humps and associated traffic striping.
8. A traffic Striping plan.
9. Other plans and information as required by the City
Engineer.
Traffic Calming features shall be installed at the two project entrances
on San Diego Way, subject to the approval of the City Engineer.
47. Intersection of San Diego Way and El Camino Real. The
intersection will be raised and realigned to be perpendicular to El
Camino Real. The intersection will be restriped to allow for left and
right hand turn pockets onto El Camino Real.
BP PW
48. All public improvements shall be constructed in conformance with
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City Engineer.
BP PW
49. A Public-Use easement shall be recorded prior to final of on-site
improvement plans outlining the use of sidewalks fronting San
Diego Way for public use.
BP PW
Drainage:
50. Drainage calculations are required per section 5 of Atascadero
Engineering Standards. The “Retention Areas” will be sized for the
detention of the 50 year developed storm runoff, while metering out
the 2 year undeveloped storm runoff. The offsite storm water flows
will be allowed to be passed through the project undetained in
drainage easements. The offsite flows and the detained onsite
flows must be released downstream in the same location,
concentration and pattern as historic flows were released, unless
the downstream owner provide written approval of a deviation.
BP PW
51. Drainage calculations shall be produced considering all areas
tributary to this property. These calculations shall be in
conformance the City of Atascadero Engineering Standards.
Submit calculations to support the design of any structures or
pipes. Closed conduits shall be designed to convey the 10 -year
flow with gravity flow; the 25-year flow with head, and provide safe
conveyance for the 100-year overflow.
BP PW
52. A Storm Water Pollution Prevention Plan shall be produced and
approved by the Regional Water Quality Control Board and the City
of Atascadero. These plans shall recommend mitigation measure
during and after construction to eliminate point and non point
source pollution. The use on onsite grading feature to pond and
percolate storm water is recommended. A filter system, mechanical
or non, shall be installed with this project. This system shall comply
with the intent of National Pollution Discharge Elimination System,
Phase II requirements.
BP PW
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
53. Obtain approval by the City Engineer of the grading & drainage
plan and the storm drain design & facilities.
BP PW
54. Acquire drainage easements where needed. Drainage shall cross
lot lines only where a drainage easement has been provided.
BP PW
55. Concentrated drainage from off-site areas shall be conveyed
across the project site in drainage easements.
BP PW
Transit:
56. Bus stop with shelter shall be installed on El Camino Real (south
bound) along the El Camino real Frontage. The bus stop design
shall be approved by the City Engineer. per the Public Works
Director.
BP PW
Wastewater:
57. This project proposes a sewage lift station. This lift station will meet
the following criteria:
Sewer lift stations, force mains, gravity mains, laterals and other
sewer facilities shall be privately owned and maintained.
Catalogue cuts of equipment that will be installed the lift sta tion
shall be submitted and approved by the Director of Public Works.
Lift stations shall be installed with alarm dialers programmed to
notify qualified maintenance personnel when malfunctions occur.
Developer shall submit a lift station emergency continge ncy plan
that addressed protection of public health and the environment
from sewage spills and prolonged power outages.
Lift Station shall be equipped with duplex pumps.
BP PW
58. Drainage piping serving fixtures which have flood level rims located
below the elevation of the next upstream manhole cover of the
public or private sewer serving such drainage piping shall be
protected from backflow of sewage by installing an approved type
backwater valve Fixtures above such elevation shall not discharge
through the backwater valve.
BP PW
59. The sewer force main crossing El Camino Real shall cross
perpendicular in the right of way.
BP PW
60. All sewer main taps will be done by the City of Atascadero. The
developers shall pay a sewer tap fee.
BP PW
61. Sewer connection permit shall be issued separately (from building
permit) after public sewer extension has been completed and has
received a satisfactory final Public Works inspection. Final project
inspection shall be contingent upon completion of the public s ewer
extension and Public Works final inspection.
BP PW
Solid Waste Conditions:
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
62. Atascadero Waste Alternative shall approve the location, size and
design of all solid waste facilities. The facilities shall include room
for recycling and green waste containers. The location of the
facilities will take into account the collection of the solid waste.
Solid Waste storage facility aesthetic design shall be approved
by the Community Development Director.
BP PW, PS
Atascadero Mutual Water Company
63. Prior to the start of construction, the applicant shall submit plans for
review and approval by AMWC for all existing and proposed water
distribution facilities that provide water service to the proposed
Development. The plans shall show all facilities required for fire
protection. The plans shall show all cross-connection devices
required to isolate the fire protection and landscape irrigation
systems from the domestic water system.
BP BS
64. Prior to the issuance of building permits, the applicant shall obtain
a “Will Serve” letter from the Atascadero Mutual Water Company
for the newly created Lots.
BP BS
65. Prior to the start of construction, the applicant shall pay all
installation and connection fees required by the Atascadero Mutual
Water Company.
BP BS
66. All water distribution facilities shall be constructed in conformance
with Atascadero Mutual Water Company standards, policies and
approved procedures. All cross-connection devices shall be
constructed in conformance with AWWA and Department of Health
Services standards.
BP BS
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
Development along El Camino Real shall be buffered with an
informal landscape theme to include groupings of shade and
accent trees. Evergreen shall be utilized where there is heightened
visibility of the project from El Camino Real.
Fencing surrounding the private park space and the adjacent
wetland areas shall be transparent wrought iron and shall be
integrated with the final landscape plan subject to staff approval.
Development along San Diego Way will include street trees placed
30 feet on center, landscaped common open space area, and an
appropriately landscaped pedestrian project entrance.
The project shall include landscaping of all common areas,
including slopes, common open space areas, and building
frontages.
Parking lot shade trees shall be provided within landscape fingers
BP PS, BS, CE 1.c.1
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
and curbside landscape planters as shown in Exhibit 5. Trees shall
be large canopy trees and shall be of a scale appropriate to the
project.
All trees shall be 15 gallon size or greater and shall be double
staked.
Mitigation Measure 1.c.2: The proposed apartments shall include a variety
of earth-tone paint and roof colors designed to blend with the surrounding
environment and reduce the potential for reflected light and glare.
BP PS, BS, CE 1.c.2
Mitigation Measure 1.c.3: Building architecture shall include features that
emphasize vertical elements and minimize the horizontal nature of the
buildings. Such features are to be of exceptionally high design quality per
General Plan Land Use Policy 2.1.2 and shall include changes in materials,
façade undulation, and vertically emphasized window elements; or similar
treatments.
BP PS, BS, CE 1.c.3
Mitigation Measure 1.d: All lighting shall be designed to eliminate any off
site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting
fixtures to prevent offsite light spillage and glare. Building mounted fixtures
shall be designed to direct light downward. Any parking lot lighting shall be
low bollard style lighting or decorative pole lighting designed to be a
maximum of 14 feet in height. Lighting of the parking area shall be
integrated with proposed landscaping and/or covered parking elements.
Lighting at the rear of the proposed buildings shall be limited to low level
building mounted fixtures and shall be designed to produce a zero
footcandle reading at the property line.
BP PS, BS, CE 1.d.
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 3.b: The project shall be conditioned to comply with all
applicable District regulations pertaining to the control of fugitive dust (PM-
10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality
Handbook.
Section 6.3: Construction Equipment
Maintain all construction equipment in proper tune according to
manufacturer’s specifications.
Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non-taxed version suitable for use off-road).
Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB’s 1996 or newer certification standard for
off-road heavy-duty diesel engines.
Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
Schedule of construction truck trips during non-peak hours to reduce
peak hour emissions.
Limit the length of the construction workday period, if necessary.
Phase construction activities, if appropriate.
BP, GP PS, BS, CE 3.b
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
(Continued from above)
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and
building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15 mph.
Reclaimed (non-potable) water should be used whenever possible.
C. All dirt stock-pile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project re -
vegetation and landscape plans should be implemented as soon as
possible following completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked at dates
greater than one month after initial grading should be sown with a fast -
germinating native grass seed and watered until vegetation is
established.
F. All disturbed soil areas not subject to re-vegetation should be stabilized
using approved chemical soil binder, jute netting, or other methods
approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc, to be paved should be
complete as soon as possible. In addition, building pads should be laid
as soon as possible after grading unless seeding or soil binders are
used.
H. Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in accordance
with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved r oads onto
streets, or was off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible.
L. The contractor or builder shall designate a person or persons to monitor
the dust control program and to order increased watering, as
necessary, to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD prior
to land use clearance for map recordation and land use clearance for
finish grading of any structure.
GP PS, BS, CE 3.b
Mitigation Measure 4.a: The project shall be conditioned to comply with all
applicable regulations developed by Althouse and Mead, Inc. in their
biological review, dated June 13, 2003 (Attachment 6).
BP, GP PS, BS, CE 4.a
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 4.b.1: The project shall be conditioned to comply with all
applicable regulations developed by Althouse and Mead, Inc. in their
biological review, dated June 13, 2003, pertaining to building location and
wetland rehabilitation methods. Implementation of the following mitigation
measures prior to, during, and following site construction will serve to avoid
and/or minimize adverse indirect impacts to Waters of the U.S. and wetlands
within the proposed project area:
A. Buildings 124/125 and 126/127 shall be relocated, eliminated, and/or
downsized to avoid significant disturbance of the designated wetland
area. The applicant will be required to comply with all requirements and
regulations set forth by governing state agencies and shall obtain the
necessary permitting as discussed below.
B. Signage shall be placed at the pedestrian pathway entrance to the
wetlands area informing users of the sensitive nature of the wetlands
habitat.
C. The applicant shall provide a full biologist report, prior to the entitlement
hearing, that identifies all sensitive habitats on and adjacent to the
project site, and certifying the proposed development plan in regards to
wetland mitigations.
D. The project applicant shall retain a qualified biologist to conduct a pre-
construction survey of the on-site wetlands area and to report the
survey results to the City. This biologist shall also place protective
fencing at the protected wetlands boundary to ensure that construction
activities do not impact the noted areas. A note to this effect shall be
placed on the approved construction/grading plans with the provision
that CDFG shall be notified if the pre-construction survey finds
additional wetland habitat on-site, and that construction work is the area
shall not proceed without specific direction from the CDFG.
E. A qualified biologist shall be present during phases of construction that
are conducted adjacent to the identified wetland habitat. The biologist
shall submit regular reports to the Community Development Department
verifying the integrity of the impacted areas. Upon project completion
and prior to final occupancy a final status report shall be prepared by
the project biologist certifying that the stated wetland protection and
mitigation measures were implemented and that the construction-
related protection and enhancement measures are no longer required.
F. Per recommendations set forth in the prepared biology review (Althouse
and Mead, Inc), the applicant shall contact the Army Corps of Engineers
prior to permit issuance and shall request authorization to install
culverts, impact degraded wetlands, and create functional wetlands
under Nationwide Permits, NW #7 Outfall Structures, NW #18 Minor
Discharges, and NW #27 Stream and Wetland Restoration Activities.
BP, GP, CA PS, BS, CE 4.b.1
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
G. Per recommendations set forth in the prepared biology review (Althouse
and Mead, Inc), the applicant shall develop a wetland mitigation site at
a ration of 2:1, based on anticipated ratios required by the Army Corps
of Engineers, which shall be located adjacent to the established
wetlands at the southerly border of the subject property and which will
be located in the area of the existing degraded wetlands habitat.
BP, GP PS, BS, CE 4.b.1
Mitigation Measure 5.b.1: Should any cultural resources be unearthed
during site development work, the provisions of CEQA -Section 15064.5, will
be followed to reduce impacts to a non-significant level.
GP PS, BS, CE 5.b.2
Mitigation Measure 6.b: The grading permit application plans shall include
erosion control measures to prevent soil, dirt, and debris from entering the
storm drain system during and after construction. A separate plan shall be
submitted for this purpose and shall be subject to review and approval of the
City Engineer at the time of Building Permit application.
BP, GP PS, BS, CE 6.b
Mitigation Measure 6.c.: A soils report shall be required to be submitted with
a future building permit by the building department.
GP BS 6.c
Mitigation Measure 8.e.f.1: Points of concentrated drainage through the
existing wetlands areas shall be addressed by the project biologist and
engineer, and subject to review and approval as identified in the Biology
section of this initial study. All proposed drainage shall be subject to the
approval of the City Engineer and shall be designed to City standards. All
site runoff shall be retained on site through the provision of on -site drainage
basins.
GP PS, BS, CE 8.e.f.1
Mitigation Measure 8.e.f.2: A Stormwater Pollution Prevention Plan
(SWPPP)/Erosion Control Plan shall be submitted and approved by the City
Engineer prior to the issuance of the building permit. The plan shall include
storm water measures for the operation and maintenance of the project for
the review and approval of the City Engineer. The Building Permit
application plans shall identify Best Management Practices (BMPs)
appropriate to the uses conducted on site that effectively prohibit the entry of
pollutants into storm water runoff.
GP PS, BS, CE 8.e.f.2
Mitigation Measure 8.e.f.3: The developer is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices, citations, or stop orders.
BP, GP PS, BS, CE 8.e.f.3
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 11.d: All construction activities shall comply with the
City of Atascadero Noise Ordinance for hours of operation, and as follows:
Construction activities shall be limited to the following hours of operation:
7 a.m. to 7 p.m. Monday through Friday
9 a.m. to 6 p.m. Saturday
No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays
and not at all on weekends.
The hours of construction may be modified by the Community Development
Director upon a determination that unusually loud construction activities are
having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the event of any violations. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
GP PS, BS, CE 11.d
Mitigation Measure 14.a.b: The project shall include a tot lot within the
communal open space area at the southern border of the site. The tot lot
shall at a minimum include a commercial-grade swing set, slide, climbing
apparatus or similar equipment on a soft surface designed for the safety and
enjoyment of young children. The tot lot shall include pedestrian connection
from throughout the project and shall include durable seating arrangements
for adults and children. The tot lot shall be landscaped and shall include
shade trees.
BP, GP PS, BS, CE 14.a.b
Mitigation Measure 15.a.b.1: Per the provided traffic study, the project shall
include the construction of full frontage improvements along San Diego Way
and El Camino Real as approved by the City Engineer and per standards
listed in the General Plan Circulation Element. Improvements are to include:
Widening of El Camino Real to allow for 2 southbound travel lanes and
class 2 bike facilities.
Widening of San Diego Way to a width of 24 feet to allow for a total of 2
travel lanes.
Curb, gutter, and sidewalk improvements along El Camino Real and
San Diego Way.
GP PS, BS, CE 15.a.b.1
Mitigation Measure 15.a.b.2: A Bus turnout shall be provided along the El
Camino Real frontage. Facilities shall include a 5-foot width bus turnout and
shelter. The shelter shall be a City Standard shelter and shall be subject to
the approval of the City Engineer.
BP, GP PS, BS, CE 15.a.b.2
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 16.c.1: Proposed drainage into the existing wetlands
areas shall be addressed by the project biologist and engineer, and subject
to review and approval as identified in the Biology section of this initial study.
BP, GP PS, BS, CE 16.c.1
Mitigation Measure 16.c.2: Drainage retention basins shall be included in the
project site and shall be subject to the approval of the City Engineer. Basins
shall be designed to accommodate all site runoff and each basin will be
maintained as designed.
BP, GP PS, BS, CE 16.c.2
EXHIBIT B: Site Plan (2013 Amendment)
EXHIBIT B: Site Plan (2013 Amendment)
EXHIBIT C: Grading and Drainage Plan
EXHIBIT C: Grading and Drainage Plan
EXHIBIT D: Landscape Plan (2013 Amendment)
EXHIBIT D: Landscape Plan (2013 Amendment)
EXHIBIT D: Landscape Plan (2013 Amendment)
EXHIBIT E: Elevations
Phase I Elevations
EXHIBIT E: Elevations
Phase II and Phase Elevations
EXHIBIT F: Lower Floor Plan
Phase I Floor Plan
EXHIBIT G: Upper Floor Plan
Phase I Floor Plan
EXHIBIT H: Townhouse A Floor Plan
Phase II and Phase II Floor Plan
EXHIBIT I: Townhouse B Floor Plan
Phase II and Phase II Floor
Plan
EXHIBIT H J : Accessory Structure Designs
Phase I
See Site Plan for
proposed Signage
I
EXHIBIT I K: Color and Materials Board
Phase I Colors
EXHIBIT I K: Color and Materials Board
Phase II and Phase II
6x6 terra cotta tile at the wainscot of the entry
columns shall be utilized for façade enhancements in
Phase II and Phase III units. These enhancement shall
be applied to a minimum of 24 units.
EXHIBIT J L: Preliminary Biological Assessment
Althouse and Meade, Inc.
EXHIBIT J L: Preliminary Biological Assessment
Althouse and Meade, Inc.
EXHIBIT J L: Preliminary Biological Assessment
Althouse and Meade, Inc.
EXHIBIT J L: Preliminary Biological Assessment
Althouse and Meade, Inc.
EXHIBIT J L: Preliminary Biological Assessment
Althouse and Meade, Inc.
EXHIBIT K M: Follow-up Biological Assessment
Althouse and Meade, Inc.
EXHIBIT K M: Follow-up Biological Assessment
Althouse and Meade, Inc.
EXHIBIT M N: Project Statistical Summary
EXHIBIT M O: Off-site Public Improvement Plan (2004 Amendment)
EXHIBIT P: Off-Site Public Improvement Alternative
EXHIBIT Q: Parking Requirements
Parking Provided Number of Parking
Spaces
One-Car Garage 48 spaces
Private Driveway 48 spaces
Carports 34 spaces
Uncovered Parking 26 spaces
Uncovered Parking (compact) 26 spaces
Motorcycle Parking 8 spaces
Bicycle Racks (accommodating 5 bicycles) 5 Total
Total Number of Parking Spaces Provided 190 spaces
Parking Required 187 spaces
Net Parking +3 Spaced Over Code
Attachment 8: Draft Resolution PC 2013-0011
Recommendation to Maintain or Eliminate two (2) Very Low Income Units to City Council
DRAFT RESOLUTION PC 2013-0011
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA
RECOMMENDING TO THE CITY COUNCIL
MANTAINING OR ELIMINATE TWO (2) VERY LOW INCOME UNITS
AS PART OF AN AMENDMENT TO CONDITIONAL USE PERMIT 2003-
0095 (MASTER PLAN OF DEVELOPMENT)
AT 9190 San Diego Way
(CenCal Ventures, LLC / Roberts)
WHEREAS, an application has been received from CenCal Ventures, LLC (5423
Village Road Suite 200, Long Beach, CA 90808) Property Owner and Tim Roberts, PE (2015
Vista De La Vina, Templeton, CA 93465) Applicant, to consider a project consisting of an
Amendment to the Master Plan of Development (CUP 2003-0095) for a 74-unit common lot
multi-family development at 9190 San Diego Way (APN 045-324-001 through APN 045-324-
085); and,
WHEREAS, the site’s current General Plan Designation is High Density Residential
(HDR); and,
WHEREAS, the site’s current zoning district is Residential Multi-Family-20 (RMF-20);
and,
WHEREAS, the Planning Commission approved the original Master Plan of
Development (CUP 2003-0095) for the site in 2003; and,
WHEREAS, the Planning Commission approved an amendment to the Master Plan of
Development (CUP 2003-0095) for the site in 2004; and,
WHEREAS, the Planning Commission approved the use of a State Density Bonus to
achieve the desired project density because the underlying zoning district was Residential Multi-
Family-16 (RMF-16) for the site in 2003 and 2004; and
WHEREAS, the previous project applicant recorded seven (7) very low income units
deed restrictions on-site in compliance with the City’s State Density Bonus ordinance in 2005;
and,
WHEREAS, the previous project applicant has received building permits for and
constructed two (2) deed restricted very low income units on APN 045-325-005 (Unit 104) and
APN 045-325-050 (Unit 207); and,
WHEREAS, the proposed project is consistent with maximum density allowable in the
underlying zoning district (RMF-20); and
WHEREAS, the Planning Commission has rescinded project condition 7 of Planning
Commission Resolution 2004-0083 and project condition 11 of Planning Commission Resolution
2013-0010 requiring deed restricted housing to meet the requirements of the City’s State Density
Bonus ordinance; and
WHEREAS, the Planning Commission has waved five (5) very low income deed
restricted units that are not constructed; and
WHEREAS, the Planning Commission recommends that the City Council maintain two
(2) deed restricted very low income units that have been constructed and serve as a public benefit
to the City;
OR
WHEREAS, the Planning Commission recommends that the City Council wave two (2)
deed restricted very low income units that have been constructed because the proposed project
density is under the maximum density allowed within the Residential Multi-Family (RMF-20)
zone; 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
Master Plan of Development Amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 16, 2013, studied and considered the waiver or maintaining the
constructed two (2) very low income units, after first studying and considering proposed
amendments to the master plan of development (CUP 2003-0095), and
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for recommendation to Maintaining two (2) deed restricted
very low income units. The Planning Commission finds as follows:
1. The City’s adopted Housing Element has goals and policies geared towards the
preservation of affordable housing; and,
2. Very low to low income deed restricted units are considered “public benefit,
consistent with the City goals and policies.
SECTION 2. Recommendation. The Atascadero Planning Commission, in a regular
session assembled on April 16, 2013, resolved to recommend to the City Council maintain two
(2) deed restricted very low income units that have been constructed and serve as a public
benefit.
OR
SECTION 1. Findings for recommendation to waiving two (2) deed restricted very
low income units. The Planning Commission finds as follows:
1. The adopted amendment to the master plan of development reduced the total number
of units from 84 to 74.
2. The underlying zoning district is Residential Multi-Family (RMF) which allows for
up to 24 units to per net acre.
3. The project’s net density is 3.9 acres.
4. The adopted amendments to the master plan of development afford 19 units per gross
acre, consistent with RMF-20 zoning regulations.
SECTION 2. Recommendation. The Atascadero Planning Commission, in a regular
session assembled on April 16, 2013, resolved to recommend to the City Council maintaining or
waving two (2) deed restricted very low income units that have been constructed.
EXHIBIT A: Location Map of Deed Restricted Units
EXHIBIT B: Unit 207 Deed Restriction
EXHIBIT C: Unit 104 Deed Restriction
On motion by Commissioner____________, and seconded by Commissioner _____________
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
David Bentz
Planning Commission Chairperson
Attest:
______________________________
Warren M. Frace
Planning Commission Secretary
\\cityhall\cdvlpmnt\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 03\cup 2003-0095 san diego way. southside
villas\amendment #2-2012\planning commission\cup 2003-0095 southside villas pc-sr.ac-2.docx
Exhibit A: Location of Deed Restricted Units
Unit 211 has been replaced
with Unit 104 per DOC # 2013-
017348
Exhibit B: Affordable Housing Deed Restriction
See Following
Exhibit C: Unit 104 Deed Restriction
1442\02\319175.1_2.3.2006
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Atascadero
6907 El Camino Real
Atascadero, CA. 93422
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
This Document Replaces and Supersedes the Affordable Housing Agreement
Recorded as Document No. 2005-094197, on October 12, 2005 in the Office of the
County Recorder, County of San Luis Obispo, State of California
AFFORDABLE HOUSING AGREEMENT
Southside Villas (Tract 2624) – Unit 104
This AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into as
of this _____ day of 20__, by and between the CITY OF
ATASCADERO, a municipal corporation (the "City"), and CenCal Ventures, LLC (the
"Developer"), with reference to the following facts:
A. The Atascadero City Council has an Inclusionary Housing Policy,
adopted on June 24, 2003, and amended November 25, 2003 (the "Inclusionary
Policy") to increase homeownership opportunities available and affordable to moderate -
income households. The City has also adopted a Density Bonus Ordinance,
Atascadero Municipal Code Section 9-3.175(f) (the "Ordinance") to conform with State
Density Bonus Law (Government Code Section 65915), which allows a density bonus
for the provision of housing affordable to very low income and lower inco me
households.
B. Developer is the owner of certain real property in the City of Atascadero,
California described in Exhibit A attached hereto and incorporated herein by this
reference (the "Property").
C. Developer has received a discretionary approval from the City to construct
a total of eighty-four (84) residential units known as Southside Villas (hereinafter
referred to as the "Development") on the Property. Pursuant to the Ordinance,
Government Code 65915, and the Development includes, and City has granted, Owner
a density bonus of twenty-two (22) units (the "Density Bonus") in exchange for Owner's
provision of seven (7) units which will be affordable and sold or rented to Very Low
Income households (the "Affordable Units") and will remain affordable for a term of
thirty (30) years.
D. Pursuant to the Inclusionary Policy, the Ordinance, Government Code
Section 65915, and the conditions of approval for the Development, Developer is
1442\02\319175.1_2.3.2006 2
required to execute this Agreement prior to the approval of a ny final or parcel map for
the Development and prior to the issuance of any building permit for the Development.
Developer and City intend to set forth in greater detail and specificity within this
Agreement the terms and conditions for producing and selling the Affordable Units in
the Development.
NOW, THEREFORE, in consideration of the benefits received by the Developer
and the City, the Developer and City agree as follows:
Section 1. Definitions. In addition to those terms defined in the Recitals, the
following terms are specially defined in this Agreement:
(a) "Administering Agency" means the San Luis Obispo Housing
Authority, the City, or another agency as determined by the Community Development
Director that has experience in the administration of affordable hou sing programs.
(b) "Affordable Ownership Price" means a sales price that includes a
reasonable down payment and results in a Monthly Housing Payment during the first
calendar year of a household's occupancy that, (i) for Very Low Income Households, is
equal to or less than one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of
Area Median Income, as adjusted for Appropriately-Sized households; (ii) for Lower
Income Households, is equal to or less than one -twelfth (1/12) of thirty percent (30%) of
seventy percent (70%) of Area Median Income, as adjusted for Appropriately-Sized
households; and (iii) for Moderate Income Households, is equal to or less than one -
twelfth (1/12) of thirty percent (30%) of one hundred twenty percent (120%) of Area
Median Income, as adjusted for Appropriately-Sized households. Affordable Ownership
Price shall be calculated by the City as shown in Exhibit B.
(c) "Affordable Rent" means monthly housing expenses, including all
fees for housing services and a reasonable allowance for utilities, not exceeding: (i) for
Very Low Income Households, is equal to or less than one -twelfth (1/12) of thirty
percent (30%) of fifty percent (50%) of Area Median Income, as adjusted for
Appropriately-Sized households; (ii) for Lower Income Households, is equal to or less
than one-twelfth (1/12) of thirty percent (30%) of sixty percent (60%) of Area Median
Income, as adjusted for Appropriately-Sized households; and (iii) for Moderate Income
Households, is equal to or less than one-twelfth (1/12) of thirty percent (30%) of one
hundred twenty percent (110%) of Area Median Income, as adjusted for Appropriately-
Sized households. Affordable Rent shall be calculated by the City as shown in Exhibit
C.
1442\02\319175.1_2.3.2006 3
(d) "Affordable Unit Property" is as defined in Section 4.
(e) "Appropriately-Sized" shall be consistent with California Health and
Safety Code Section 50052.5(h), as amended from time to time, and shall be based on
presumed maximum occupancy levels of one person in a studio apartment, two (2)
persons in a one-bedroom unit, three (3) persons in a two-bedroom unit, and one
additional person for each additional bedroom thereafter.
(f) "Area Median Income" means median yearly income in San Luis
Obispo County as published pursuant to California Code of Regulation s, Title 25,
Section 6932, or successor provision.
(g) "City Deed of Trust" means the deed of trust, in the form provided
by the City, executed by each buyer of an Ownership Affordable Unit at the time of
purchase of the Affordable Unit, securing the buyer's performance under the Resale
Agreement and the City Note.
(h) "City Note" means the promissory note, in the form provided by the
City, executed by each buyer of an Ownership Affordable Unit at the time of purchase
of the Affordable Unit.
(i) "Eligible Household" means a household that is qualified by the
Administering Agency as i) a First-Time Homebuyer and ii) with Household Income not
exceeding the household income level as defined for the applicable income category in
this Section 1.
(j) "First-Time Homebuyer" means a person who does not currently
hold an ownership interest in any real estate (as verified by a credit report) and who has
not had an ownership interest in his or her primary residence during the past three (3)
years; except that any person who is a Displaced Spouse may not be excluded from
consideration as a First Time Homebuyer on the basis that the individual, while a
homemaker, owned a home with his or her spouse. "Displaced Spouse" mean s a
person who is separated or divorced from his or her spouse.
(k) "Household Income" means the combined adjusted gross income
for all adult persons living in a dwelling unit, as calculated for the purpose of the Section
8 Program under the United States Housing Act of 1937, as amended, or its successor.
(l) "Initial Fair Market Value" means the sales price that the Developer
could receive for an Affordable Unit if the City did not restrict the amount that the
Developer may receive to the Affordable Ownership Price. The City may, at its option,
require that the Initial Fair Market Value be established through an appraisal by an MAI
or other qualified appraiser.
(m) "Initial Maximum Rents" means the initial rents for the any Rental
Affordable Units calculated as shown in Exhibit C.
(n) "Lower Income Household" means a household with a Household
Income that does not exceed the United States Department of Housing and Urban
1442\02\319175.1_2.3.2006 4
Development's annual determination for lower income households with incomes of
approximately 80 percent of Area Median Income, adjusted for household size.
(o) "Lower Income Affordable Unit" means an Affordable Unit reserved
for purchase or rent at the completion of construction by Lower Income Households at
an Affordable Ownership Price or Affordable Rent.
(p) "Moderate Income Household" means a household with a
Household Income that does not exceed 120 percent of Area Median I ncome, adjusted
for household size in accordance with adjustment factors adopted and amended from
time to time by the United States Department of Housing and Urban Development
pursuant to Section 8 of the United States Housing Act of 1937.
(q) "Moderate Income Affordable Unit" means an Affordable Unit
reserved for purchase or rent at the completion of construction by Moderate Income
Households at an Affordable Ownership Price or Affordable Rent.
(r) "Monthly Housing Payment" includes mortgage interest and
principal, property taxes, mortgage insurance, homeowner's insurance, homeowners'
association dues, assessments paid by homeowners, and a reasonable allowance for
utilities and property maintenance costs, as determined by the Administering Agency.
(s) "Ownership Affordable Unit Property" is as defined in Section 4.
(t) "Ownership Affordable Units" are Affordable Units initially offered
for sale.
(u) "Regulatory Agreement" means the Inclusionary Housing
Regulatory Agreement and Declaration of Restrictive Covenants between the
Developer (or its successors to the Rental Affordable Unit Property) and the City, to be
recorded against the Rental Affordable Unit Property pursuant to Section 15(a) below.
(v) "Rental Affordable Unit Property" is as defined in Section 4.
(w) "Rental Affordable Units" are Affordable Units initially offered for
rent.
(x) "Resale Agreement" means the Resale and Refinancing Restriction
Agreement and Option to Purchase, in the form provided by the City, executed by each
buyer of an Ownership Affordable Unit and the City at the time of purchase of the
Ownership Affordable Unit.
(y) "Very Low-Income Household" means a household with an annual
income which does not exceed the United States Department of Housing and Urban
Development's annual determination for very low income households with incomes of
approximately 50 percent of Area Median I ncome, adjusted for household size.
1442\02\319175.1_2.3.2006 5
(z) "Very Low-Income Affordable Unit" means an Affordable Unit
reserved for purchase or rent at the completion of construction by Very Low-Income
Households at an Affordable Ownership Price or Affordable Rent.
Section 2. Satisfaction of Inclusionary Housing and Ordinance Obligation and
Conditions of Approval. The requirements of the Inclusionary Policy and Ordinance
shall be satisfied with respect to the Property if : (a) the Developer constructs or causes
to be constructed the Affordable Units meeting the requirements of Sections 3 through
5 below, in compliance with the schedule set forth in Section 6 below; (b) any
Ownership Affordable Units are sold to homebuyers in compliance with Sections 7
through 10 below; and (c) if there are Rental Affordable Units, Developer records the
Regulatory Agreement as described in Section 15(a) below against the Rental
Affordable Unit Property and markets and operates the Rental Affordable Units in
compliance with Sections 11 through 13 below and in compliance with the Regulatory
Agreement. An amendment to this Agreement will be required to receive final or parcel
map or other City approval for additional housing units on the Property above the
requested total of seventy-seven (77) Market Rate Units included in the Development,
to make any changes to the Affordable Units as they are described in Sections 3
through 5 of this Agreement, or to otherwise change the terms of this Agreement.
Section 3. Number of Affordable Units. Developer shall construct, or cause to
be constructed, at least seven (7) Affordable Units, of which seven (7) shall be sold or
rented to Very Low Income Affordable Units.
Section 4. Location of Affordable Units. The Affordable Units shall be
constructed on the Property in the location(s) shown or described in the attached
Exhibit D. The legal parcel(s) of land on which the Affordable Units will be constructed,
together with any Affordable Units and appurtenant improvements constructed on the
land, is the "Affordable Unit Property." The legal parcel(s) of land on which any
Affordable Units initially offered for sale will be constructed , together with any
Affordable Units and appurtenant improvements constructed on the land, is the
"Ownership Affordable Unit Property." The legal parcel(s) of land on which any
Affordable Units initially offered for rent will be constructed, together with any Affordable
Units and appurtenant improvements constructed on the land, is the "Rental Affordable
Unit Property."
Section 5. Appearance, Size, Bedroom Count and Tenure. The Affordable
Units shall be of the same general quality of exterior appearance and overall quality of
construction as the Market Rate Units. Interior features and finishes of the Affordable
Units shall be durable, of good quality, and consistent with contemporary standards for
new housing. The Affordable Units shall include the number of bedrooms, square
footage, and tenure indicated in Exhibit E to this Agreement.
Section 6. Schedule for Developing Affordable Units. Developer shall provide
the Affordable Units pursuant to the following schedule:
1442\02\319175.1_2.3.2006 6
(a) Prior to recordation of any final or parcel map or issuance of any
building permit for the Property, this Agreement shall be duly executed by the City and
the Developer and recorded against the Property.
Section 7. Sale by Developer of Ownership Affordable Units to Eligible
Households. Following completion of construction, the Developer shall sell seven (7)
Affordable Units to Very Low Income Households, at the Affordable Ownership Price
established by the City of Atascadero as described in Section 8 below.
(a) At least thirty (30) days before offering an Ownership Affordable
Unit for sale, the Developer shall provide the City with written notice of the availability of
the Ownership Affordable Unit, including the number of bedrooms and required income
level of the unit. No later than thirty (30) days after receipt of such notice, the City shall
provide Developer with the Affordable Ownership Price for the Ownership Affordable
Unit and the income limits for Eligible Purchasers.
(b) Developer shall follow the procedures and comply with the
requirements of the Inclusionary Policy and applicable fair housing laws in marketing
and selling the Ownership Affordable Units.
(c) Prior to close of escrow for all Ownership Affordable Units, the
Administering Agency shall provide verification to City and Developer that the purchaser
of the Ownership Affordable Unit is an Eligible Household. Purchase contracts between
Developer and prospective buyers shall include requirements that buyers are verified as
Eligible Households prior to close of escrow and that buyers execute documents for the
benefit of the City as described in Section 10 below.
Section 8. Affordable Ownership Price.
(a) The Ownership Affordable Units shall be sold to Eligible
Households at prices that do not exceed the Affordable Ownership Price established by
the City of Atascadero for Moderate Income, Lower Income, and/or Very Low Income
Affordable Units, as applicable. The method of calculating the Affordable Ownership
Price is included in Exhibit B attached hereto. Developer shall notify the City at least
thirty (30) days prior to offering an Ownership Affordable Unit for sale to allow the City
adequate time to calculate and notify the Developer of the Affordable Ownership Price
applicable to the Ownership Affordable Units offered for sale.
(b) Developer acknowledges and agrees that the Affordable
Ownership Price is determined based on Area Median Income in San Luis Obispo
County, changes to which are published annually by the State of California, Department
of Housing and Community Development, and other housing cost factors included in
Exhibit B, which change from time to time. Developer agrees that the City may
calculate the Affordable Ownership Price for the Affordable Units in its reasonable
discretion and that the City's calculation of Affordable Ownership Price shall be binding
upon the Developer.
(c) The Affordable Ownership Price established for each Ownership
Affordable Unit by the City shall be the absolute maximum price that the Developer or
1442\02\319175.1_2.3.2006 7
any other person may receive as compensation for the Ownership Affordable Unit. The
Developer or other seller may not charge or receive any additional compensation for an
Ownership Affordable Unit regardless of whether the additional amount is (a) for
options, upgrades, or additional improvements to the unit, (b) paid through escro w or
outside of escrow, (c) paid prior to, after, or as part of the purchase escrow or (d) paid
in cash or in kind.
Section 9. City Approval of Homebuyer Documents. The following
documents, to be approved in writing by the City, shall be used in connection with th e
development and sale of the Ownership Affordable Units. Approval of the following
documents by the City shall be required prior to the issuance of occupancy permits for
the Ownership Affordable Units and the offering for sale of the Ownership Affordable
Units.
(a) Form of Purchase and Sale Agreements for sale of the Ownership
Affordable Units (to be prepared by Developer and submitted to the City).
(b) Form of Resale Agreement, City Note, City Deed of Trust, Request
for Notice of Default and Sale, and Borrower's Disclosure (to be prepared by the City,
following Developer's request).
(c) The preliminary Department of Real Estate public report for the
Development, including the Ownership Affordable Units (to be obtained by the
Developer and submitted to the City).
Section 10. Homebuyer Documents and Security Instruments. Prior to the sale
of each Ownership Affordable Unit, Developer shall ensure that:
(a) The Eligible Household and the City execute the Resale
Agreement in the form provided by the City. The Resale Agreement shall be recorded
against the Ownership Affordable Unit Property at close of escrow on the sale to the
Eligible Household. The Resale Agreement shall be recorded junior only to the lien of
the deed of trust securing the Eligible Household's first mortgage loan obtained by the
homebuyer to finance the purchase of the Ownership Affordable Unit and only if
required by the lender (and second mortgage loan if such loan is provided by a public
agency which requires such subordination), unless otherwise approved in writing by the
City.
(b) The Eligible Household signs the City Note in the form provided by
the City. For Moderate-Income Ownership Affordable Units, the City Note shall be equal
to the difference between the Affordable Ownership Price and the Initial Fair Market
Value of the Affordable Unit.
(c) The Eligible Household signs the City Deed of Trust to secure
performance of the Eligible Household's covenants under the Resale Agreement and
payment of the amounts due under the City Note. The City Deed of Trus t shall be
recorded against the Ownership Affordable Unit, subordinate only to the Resale
Agreement and the lien for the first mortgage loan obtained by the homebuyer to
finance the purchase of the Ownership Affordable Unit (and second mortgage loan if
1442\02\319175.1_2.3.2006 8
such loan is provided by a public agency which requires such subordination), unless
otherwise approved in writing by the City.
(d) A Request for Notice of Default and Sale is recorded for each deed
of trust recorded at close of escrow.
(e) The Eligible Household signs the Borrower's Disclosure in the form
provided by the City.
Section 11. Marketing and Rental of Rental Affordable Units. Following
completion of construction, the Developer shall rent any Rental Affordable Units to Very
Low Income Households at Affordable Rents calculated in compliance with Exhibit C
attached hereto and the Regulatory Agreement. Developer shall submit a marketing
and management plan to the Administering Agency for approval prior to commencing
marketing of the Rental Affordable Units and shall market the Rental Affordable Units in
compliance with the marketing and management plan approved by the Administering
Agency. Developer shall grant a preference to households that live or work in San Luis
Obispo County. Developer shall comply with applicable fair housing laws in the
marketing and rental of the Rental Affordable Units. Developer shall accept as tenants,
on the same basis as all other prospective tenants, persons who are recipients of
federal certificates or vouchers for rent subsidies p ursuant to the existing housing
program under Section 8 of the United States Housing Act, or its successor. Developer
shall refer potential tenants to the Administering Agency for income certification and not
enter into a binding rental agreement with a t enant until income and asset certification
has been completed, and Developer has been informed in writing by the Administering
Agency that the potential tenant is income-eligible to occupy the rental Affordable Unit.
Section 12. Rental Affordable Units Not Subject to Costa-Hawkins Act.
Developer hereby acknowledges that the Development has received a Density Bonus in
consideration for the provision of the Rental Affordable Units. A Density Bonus is a form
of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of
Title 7 of the Government Code. As consideration for the Density Bonus, Developer
hereby agrees that Civil Code Section 1954.52(a) (Costa-Hawkins Act) does not apply
to the Rental Affordable Units.
Section 13. City Approval of Documents for Rental Affordable Units. The
following documents, to be approved in writing by the Administering Agency, shall be
used in connection with the rental of the Rental Affordable Units.
(a) A marketing and management plan approved pursuant to Section
11.
(b) Form of rental agreement or lease to be signed by tenants of the
Rental Affordable Units.
(c) The Regulatory Agreement, in a form to be provided by the County.
Section 14. Compliance, Inspections, Monitoring.
1442\02\319175.1_2.3.2006 9
(a) Ownership Affordable Units. Within five (5) days following the sale
of any Ownership Affordable Unit by the Developer, Developer shall forward to the City
copies of the buyer's and seller's settlement statement and all closing documents,
including Resale Agreement, City Note, City Deed of Trust, Request(s) for Notice of
Default and Sale, and Borrower's Disclosure executed in connection with the sale.
Developer shall retain all records related to compliance with obligations under this
Agreement, the Ordinance, and the Inclusionary Policy for a period not less than two (2)
years from the date of sale of all units in the Development and make them available to
City employees or others designated by the City for inspection and copying on five (5)
business days' written notice.
(b) Rental Affordable Units. Following completion of construction of
any Rental Affordable Unit, a report verifying compliance of all completed Rental
Affordable Units with the terms of the Regulatory Agreement, prepared on any form
specified by the Administering Agency, and certified as correct under penalty of perjury
by the owner of the Rental Affordable Units and any property management company
managing the units, shall be submitted annually to the Administering Agency on April 1
of each year, commencing on the April 1 following issuance of fina l certificates of
occupancy for one hundred percent (100%) of the Rental Affordable Units. If similar
reports on some or all of the Rental Affordable Units are required for regulatory
compliance with other financing programs, those reports may be deemed sa tisfactory
for the purpose of this Section 14(b) by the Administering Agency with respect to the
portion of the Rental Affordable Units covered by such reports, provided that copies are
provided on an annual basis to the Administering Agency with an owner certification
addressed to the City. Developer shall retain all records related to compliance with
obligations under this Agreement, the Ordinance, and the Inclusionary Policy for a
period not less than five (5) years from the date of origination of such r ecords, and
make them available to the Administering Agency for inspection and copying on five (5)
business days' written notice. Developer shall permit the Administering Agency or
others designated by the City to inspect the Rental Affordable Unit Property to monitor
compliance with this Agreement or the Regulatory Agreement following two (2)
business days' written notice to Developer.
Section 15. Release of Property From Agreement.
(a) Construction of Affordable Units. The covenants and conditions
herein contained shall apply to and bind, during their respective periods of fee
ownership, Developer and its heirs, executors, administrators, successors, transferees,
and assignees having or acquiring any right, title or interest in or to any part of the
Property and shall run with and burden such portions of the Property until terminated in
accordance with this Section 15. Until portions of the Property are released from the
burdens of this Agreement pursuant to this Section 15, the owners of fee title to the
Property shall expressly make the conditions and covenants contained in this
Agreement a part of any deed or other instrument conveying any interest in such
property. Upon issuance of final certificates of occupancy for one hundred percent
(100%) of the Affordable Units and recordation of the Regulatory Agreement against
the Rental Affordable Unit Property, the Property, except for the Affordable Unit
Property, shall be released from the burdens of this A greement.
1442\02\319175.1_2.3.2006 10
(b) Ownership Affordable Units. As Ownership Affordable Units are
sold to Eligible Households in compliance with this Agreement, and Resale Agreements
and City Deeds of Trust are recorded against the Affordable Units, the portions of the
Ownership Affordable Unit Property sold to Eligible Households shall be released from
the burdens of this Agreement.
(c) Rental Affordable Units. The burdens of this Agreement shall
remain in full force and effect and recorded against the Rental Affordable Unit Property,
and the Rental Affordable Unit Property shall be restrict ed for affordable housing use,
for the thirty-year (30) term of this Agreement.
Section 16. Sale of Affordable Rental Units or Conversion to Condominiums.
Should the Developer or a future owner of the Rental Affordable Unit Property choose
to sell any Rental Affordable Unit, the unit shall be sold to an Eligible Purchaser at an
Affordable Ownership Price for the household income level established by the
Regulatory Agreement for the Rental Affordable Unit. The Affordable Rental Unit shall
first be offered for sale to the existing tenant at the Affordable Ownership Price. At
least thirty (30) days before offering a Rental Affordable Unit for sale, the Developer or
current owner shall provide the City with written notice of the proposed sale of the
Rental Affordable Unit, including the number of bedrooms and required income level of
the unit, and shall otherwise comply with the procedures specified in Sections 7 through
10 of this Agreement in the sale of the Rental Affordable Unit. As Rental Affordable
Units are sold to Eligible Households in compliance with this Agreement, and Resale
Agreements and City Deeds of Trust are recorded against the Affordable Units, the
portions of the Rental Affordable Unit Property sold to Eligible Households shall be
released from the burdens of this Agreement.
Section 17. Default and Remedies. Failure of the Developer to cure any
default in the Developer's obligations under the terms of this Agreement within thirty
(30) days after the delivery of a notice of default from the City will constitute a default
under this Agreement and the requirements of the Inclusionary Policy and, in addition to
remedies for breach of this Agreement, the City may exercise any and all remedies
available to it under the Subdivision Map Act, the Inclusionary Policy, the Atascadero
Municipal Code, or otherwise, with respect to the Developer's failure to satisfy the terms
of this Agreement and the requirements of the Inclusionary Policy, including but not
limited to:
(a) withholding, conditioning, suspending, or revoking any permit, license,
subdivision approval or map, or other entitlement for the Development, including without
limitation final inspections for occupancy and/or certificates of occupancy;
(b) instituting against the Developer, or other parties, a civil action for
declaratory relief, injunction or any other equitable relief, or relief at law, including
without limitation an action to rescind a transaction and/or to require repayment of any
funds received in connection with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement or of any requirement imposed under the Inclusionary Policy
or Ordinance, the City may assess, and institute legal action to recover as necessary, a
1442\02\319175.1_2.3.2006 11
penalty in any amount up to and including the amount of financial benefit received, in
addition to recovery of the benefit received;
(d) prosecuting a misdemeanor against any person who has sold a residential
unit at a price exceeding the maximum allowed under this Agreement o r to a household
not qualified under this Agreement, or who has otherwise violated the Inclusionary
Policy, or any other agreement, restriction or requirement authorized or imposed under
the Inclusionary Policy; or
(e) any other means authorized under the City of Atascadero Municipal Code.
Section 18. Remedies Cumulative. No right, power, or remedy given to the City
by the terms of this Agreement or the Inclusionary Policy is intended to be exclusive of
any other right, power, or remedy; and each and every such right, power, or remedy
shall be cumulative and in addition to every other right, power, or remedy given to the
City by the terms of any such document, the Inclusionary Policy, or by any statute or
otherwise against Developer and any other person. Neither the failure nor any delay on
the part of the City to exercise any such rights and remedies shall operate as a waiver
thereof, nor shall any single or partial exercise by the City of any such right or remedy
preclude any other or further exercise of such righ t or remedy, or any other right or
remedy.
Section 19. Attorneys Fees and Costs. The City shall be entitled to receive
from the Developer or any person violating the requirements of this Agreement, in
addition to any remedy otherwise available under this Agreement or at law or equity,
whether or not litigation is instituted, the costs of enforcing this Agreement, including
without limitation reasonable attorneys' fees and the costs of City staff time.
Section 20. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for -profit or non-profit
organization to perform some or all of the City's or Administering Agency's obligations
under this Agreement.
Section 21. Hold Harmless and Indemnification. Developer will indemnify and
hold harmless (without limit as to amount) City and its elected officials, officers,
employees, and agents in their official capacity (hereinafter collectively referred to as
"Indemnitees"), and any of them, from and against all loss, all risk of loss and all
damage (including expense) sustained or incurred because of or by reason of any and
all claims, demands, suits, actions, judgments and executions for damages of any and
every kind and by whomever and whenever made or obtained, allegedly c aused by,
arising out of or relating in any manner to the Development, the Affordable Units, or
Developer's performance or non-performance under this Agreement, including without
limitation the construction or sale of any unit in the Development, and shall protect and
defend Indemnitees, and any of them with respect thereto, except to the extent arising
from the gross negligence or willful misconduct of the City. The provisions of this
Section 21 shall survive expiration or other termination of this Agreement or any release
of part or all of the Property from the burdens of this Agreeme nt, and the provisions of
this Section 21 shall remain in full force and effect.
1442\02\319175.1_2.3.2006 12
Section 22. Insurance Requirements. Until all Affordable Units have been sold
to Eligible Households in compliance with this Agreement, Developer and its
successors and assigns acquiring title to the Property shall obtain, at their expense,
comprehensive general liability insurance for development of the Affordable Units,
naming Indemnitees as additional named insureds, with aggregate limits of not less
than Two Million Dollars ($2,000,000), for bodily injury and death and property damage,
including coverage for contractual liability and products and completed operations,
purchased by Developer or its successors or assigns from an insurance company duly
licensed to engage in the business of issuing such insurance in the State, with a current
Best's Key Rating of not less than A-V, such insurance to be evidenced by an
endorsement which so provides and delivered to the City prior to the issuance of any
building permit for the Affordable Units.
Section 23. Notices. All notices required pursuant to this Agreement shall be in
writing and may be given by personal delivery or by registered or certified mail, return
receipt requested, to the party to receive such notice at the addresses set forth below:
TO THE CITY:
City of Atascadero
6907 El Camino Real
Atascadero, CA. 93422
Attn: Community Development Director
TO THE DEVELOPER:
CenCal Ventures
5423 Village Road, Suite 200
Long Beach, CA 90808
Attn: Benjamin Efraim
Any party may change the address to which notices are to be sent by notifying the other
parties of the new address, in the manner set forth above.
Section 24. Integrated Agreement. This Agreement constitutes the entire
Agreement between the parties and no modification shall be binding unless reduced to
writing and signed by the Parties.
Section 25. Duration and Amendment of Agreement. This Agreement shall
remain in effect for so long as the Property is subject t o inclusionary housing obligations
pursuant to the Inclusionary Policy. This Agreement, and any section, subsection, or
covenant contained herein, may be amended only upon the written consent of the City
Council.
Section 26. No Joint Venture or Partnership. Nothing contained in this
Agreement or any document executed pursuant to this Agreement shall be construed
as creating a joint venture or partnership between City and Developer. Nothing
contained in this Agreement shall create or justify any claim against the City by any
1442\02\319175.1_2.3.2006 13
person that Developer may have employed or with whom Developer may have
contracted relative to the purchase of materials, supplies or equipment, or the
furnishing or the performance of any work or services with respect to the Property or the
construction of the Development.
Section 27. Applicable Law and Venue. This Agreement shall be governed by
California law. Venue for any dispute arising out of this Agreement shall be San Luis
Obispo County.
Section 28. Waivers. Any waiver by the City of any obligation or con dition in
this Agreement must be in writing. No waiver will be implied from any delay or failure by
the City to take action on any breach or default of Developer or to pursue any remedy
allowed under this Agreement or applicable law. Any extension of tim e granted to
Developer to perform any obligation under this Agreement shall not operate as a waiver
or release from any of its obligations under this Agreement. Consent by the City to any
act or omission by Developer shall not be construed to be a consent to any other or
subsequent act or omission or to waive the requirement for the City's written consent to
future waivers.
Section 29. Title of Parts and Sections. Any titles of the sections or
subsections of this Agreement are inserted for convenience of reference only and shall
be disregarded in interpreting any part of the Agreement's provisions.
Section 30. Multiple Originals; Counterpart. This Agreement may be executed
in multiple originals, each of which is deemed to be an original, and may be signed in
counterparts.
Section 31. Recording of Agreement. The Developer shall cause this
Agreement to be recorded against the Property, in the Official Records of the County of
San Luis Obispo.
Section 32. Severability. In the event any limitation, condition, restriction,
covenant, or provision contained in this Agreement is to be held invalid, void or
unenforceable by any court of competent jurisdiction, or if any provision of this
Agreement is rendered invalid or unenforceable pursuant to any California statute which
became effective after the effective date of this Agreement, the remaining portions of
this Agreement shall nevertheless remain in full force and effect.
Section 33. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Calculation of Affordable Ownership Price
Exhibit C Calculation of Affordable Rent
Exhibit D Location of Affordable Units
1442\02\319175.1_2.3.2006 14
Exhibit E Income Level, Size, Bedroom Count, and Tenure of
Inclusionary Units
1442\02\319175.1_2.3.2006 15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
DEVELOPER:
__________________________, a
California _________________________
By:_______________________________
Its:_______________________________
CITY:
City of Atascadero, a municipal
corporation
By:_______________________________
WADE MCKINNEY, City Manager
APPROVED AS TO FORM AND LEGAL
EFFECT:
By:_______________________________
Brian Pierik, City Attorney
3/1/04
1442\02\319175.1_2.3.2006
STATE OF CALIFORNIA )
) ss.
COUNTY OF _________ )
On ___________ __,200__, before me, ______________________ personally
appeared _________________ and, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
______________________________
Notary Public in and for said State
(SEAL)
STATE OF CALIFORNIA )
) ss.
COUNTY OF San Luis Obispo )
On ___________ __,200__, before me, ______________________ pe rsonally
appeared _______________ and, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
______________________________
Notary Public in and for said State
(SEAL)
1442\02\319175.1_2.3.2006 A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
All that property in the County of San Luis Obispo, State of California, being Tract 2624,
a map of said Tract being recorded in Book 27 of Maps at pages 52 through 53
inclusive in the Office of the County Recorder of said County.
1442\02\319175.1_2.3.2006 B-1
EXHIBIT B
CALCULATION OF AFFORDABLE OWNERSHIP PRICE
The Affordable Ownership Price for Ownership Affordable Units shall be calculated
using the procedures and formulas described b elow. The current City of Atascadero
Moderate, Lower, and Very Low Income Limits as established pursuant to the
Inclusionary Policy shall be used in these calculations. The interest rate used in these
calculations shall be determined by the City at its sole discretion.
1. Determine the area median income for a household size that is one person
larger than the number of bedrooms in the Affordable Ownership Unit.
2. Multiply the income limit as follows to obtain the annual housing allowance;
Very Low Income: 30% of 50% of the area median income, adjusted for
household size appropriate to the unit.
Lower Income: 30% of 70% of the area median income, adjusted for
household size appropriate to the unit.
Moderate Income: 30% of 120% of the area median income, adjusted
for household size appropriate to the unit.
3. Divide the annual housing allowance determined in the previous step by twelve
(12) to determine the monthly housing allowance;
4. Calculate the average monthly cost of property taxes, mortgage insurance,
homeowner's insurance, homeowners' association dues, assessments paid by
homeowners, utilities (excluding telephone), and a reasonable allowance for property
maintenance costs.
5. Subtract the amount calculated in Step 4 from the monthly housing allowance to
compute the amount available for mortgage payments.
6. Using a standard amortization table or formula, calculate the loan amount that
can be repaid over thirty (30) years with equal monthly payments equal to the amount
available for mortgage payments using the prevailing interest rate for thirty (30) years,
and assuming a fully amortized fixed rate mortgage.
7. Divide the loan amount calculated in the previous step by 0.95 to determine the
Affordable Ownership Price assuming a five percent (5%) down payment.
The following calculations are for a three (3) bedroom Moderate-Income Affordable Unit
based on the maximum income limits for San Luis Obispo County as of July 2004.
These calculations illustrate how the price of a Moderate Income Affordable Unit is
calculated.
1442\02\319175.1_2.3.2006 B-2
Step 1 Annual Moderate Income Limit for a 4 person household $74,050
Step 2 30% of the Income Limit determined in Step 1 $22,215
Step 3 One twelfth of the amount calculated in Step 2 $1,851
Step 4 Calculate monthly cost of property taxes, mortgage insurance,
homeowner's insurance, homeowners' association dues,
assessments paid by homeowners, utilities, and a reasonable
allowance for property maintenance costs (est.)
$611
Step 5 Amount remaining for mortgage payments $1,240
Step 6 Amount that can be financed with payment calculated in Step 5
with a 30 year fixed-rate loan at a 6.25% interest rate
$201,400
Step 7 Loan amount in Step 6 divided by 95% = Affordable Ownership
Price
$212,000
1442\02\319175.1_2.3.2006 C-1
EXHIBIT C
CALCULATION OF AFFORDABLE RENT
The Affordable Rent for Rental Affordable Units shall be calculated using the
procedures and formulas described below. The current City of Atascadero Moderate,
Lower, and Very Low Income Limits as established pursuant to the Inclusionary Po licy
shall be used in these calculations.
1. Determine the area median income for a household size that is one person
larger than the number of bedrooms in the Affordable Rental Unit.
2. Multiply the income limit as follows to obtain the annual housing allowance;
Very Low Income: 30% of 50% of the area median income, adjusted for
household size appropriate to the unit.
Lower Income: 30% of 60% of the area median income, adjusted for
household size appropriate to the unit.
Moderate Income: 30% of 120% of the area median income, adjusted
for household size appropriate to the unit.
3. Divide the annual housing allowance determined in the previous step by twelve
(12) to determine the monthly housing allowance;
4. Calculate the average monthly cost of utilities (excluding telephone) and all
mandatory fees charged for use of the property.
5. Subtract the amount calculated in Step 4 from the monthly housing allowance
calculated in Step 3 to compute the Affordable Rent.
1442\02\319175.1_2.3.2006 C-1
EXHIBIT D
LOCATION OF AFFORDABLE UNITS
9190 Seville Lane Unit 104
(one of seven deed restricted low income housing units per CUP 2003-095, as
amended, 07/24/2004)
Lot 104, Downstairs Unit
1442\02\319175.1_2.3.2006 E-1
EXHIBIT E
INCOME LEVEL, SIZE, TENURE, AND BEDROOM COUNT
OF AFFORDABLE UNITS
INCOME
LEVEL
OF
BUYERS
TYPE OF
UNIT
(single family
detached,
single family
attached, or
condominium)
NUMBER
OF
UNITS
TENURE
(rental or
ownership)
NUMBER
OF
BEDROOMS
SQUARE
FOOTAGE
ASSUMED
HOUSEHOLD
SIZE
Moderate
Income
N/A
Lower
Income
Very Low
Income
Condominium 1 Rental/Ownership 2 960 4