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HomeMy WebLinkAboutPC_2018-06-05_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, June 5, 2018 6:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jerel Seay Vice Chairperson Tom Zirk Commissioner Duane Anderson Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for per sons 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.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT MINUTES OF MAY 15, 2018 PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, June 5, 2018 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMUNITY DEVELOPMENT STAFF REPORTS 2. ANNUAL GENERAL PLAN UPDATE REPORT (CPP18-0061) PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. CONDITIONAL USE PERMIT FOR 8030 EL CAMINO REAL 4. ROAD ABANDONMENT FOR 5147, 5205 TRAFFIC WAY & 6155 VIA AVE. Property Owner: George Kartsioukas Project Title: PLN 2018-1699 – Conditional Use Permit Project Location: 8030 El Camino Real, Atascadero, CA APN 056-031-043 (San Luis Obispo County) Project Description: Conditional Use Permit to allow a mixed-use development including 2 residential units on the second floor of an existing building in the Commercial Retail zoning district. City Staff: Katie Banister, Assoc. Planner, kbanister@atascadero.org, Phone: (805) 470-3480. Proposed Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) as a Class 1 Exemption for alteration of existing facilities (Section 15301 of the CEQA Guidelines). Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use Permit. Property Owner/Applicant: Eugene Barre and Calvin Cherry Project Title: PLN 2018-1691 – Road Abandonment Project Location: 5147 Traffic Way, Atascadero, CA 93422 (APN 028-191-015) 5205 Traffic Way, Atascadero, CA 93422 (APN 028-191-008) 6155 Via Avenue, Atascadero, CA 93422 (APN 028-201-001) (San Luis Obispo County) Project Description: Road Abandonment (RAB) of a portion of Mercedes Ave. located between the Union Pacific Railroad and 5147 Traffic Way, and a portion of Del Rio Ave. adjacent to 5147 Traffic Way & 5205 Traffic Way and 6155 Via Ave. extending City of Atascadero Planning Commission Agenda Regular Meeting, June 5, 2018 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on June 19, 2018, at 6:00 p.m. at City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. from Traffic Way and terminating at the Union Pacific Railroad. The abandonment consists of remnants of rights -of-way that have never been used or improved as roadways. City Staff: Mike Bertaccini, Assoc. Engineer, mbertaccini@atascadero.org, Phone: (805) 470-3462. Proposed Environmental Determination: The project qualifies for a Class 32 CEQA exemption. Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the RAB. City of Atascadero Planning Commission Agenda Regular Meeting, June 5, 2018 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the 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 t o the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way : 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative pe rsonal 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 should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 5/15/18 Page 1 of 6 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, May 15, 2018 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:02 p.m. Chairperson Seay called the meeting to order at 6:02 p.m. and Vice Chairperson Zirk led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Dariz, Donovan, Wolff, Vice Chairperson Zirk and Chairperson Seay Absent: Commissioner Betz (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Katie Banister Senior Planner, Callie Taylor Assistant Planner, Mariah Gasch Planning Intern, Torina Wilson APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Commissioner Wolff to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Seay closed the Public Comment period. ITEM NUMBER: 1 DATE: 6-5-18 1 PC Draft Minutes of 5/15/18 Page 2 of 6 CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF APRIL 17, 2018 Recording Secretary Manier announced recommended changes to the draft minutes as follows:  Page 1 – remove the word “Vice Chairperson” and replace it with “Donovan.” Remove the word “Commissioner” and replace it with “Vice Chairperson” in front of Zirk.  Page 2 - Remove the duplicate Public Comment section.  Page 3 - Remove Ex Parte Communications. Vice Chairperson Zirk noted that he had not been at the April 17, 2018 meeting and would be abstaining from voting. MOTION: By Commissioner Anderson and seconded by Commissioner Wolff to approve the Consent Calendar, with recommended changes. Motion passed 5:0 by a roll-call vote. (Zirk abstained) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None Community Development Director Dunsmore introduced Torina Wilson, Planning Intern, and Mariah Gasch, new Assistant Planner, to the Commission. PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. CONDITIONAL USE PERMIT FOR 7500 PORTOLA ROAD Property Owner: Tom Carter, PO Box 1774, Atascadero, CA 93423 Project Title: PLN 2018-1682 – Conditional Use Permit 2 PC Draft Minutes of 5/15/18 Page 3 of 6 EX PARTE COMMUNICATIONS Commissioners Anderson and Dariz reviewed this project at the Design Review Committee. Associate Planner Banister presented the staff report and answered questions from the Commission. Planner Banister announced that this facility will have to comply with State regulations and will have to provide safety fencing as required. PUBLIC COMMENT The following members of the public spoke during public comment: Tom Carter. Mr. Carter announced that he is willing to pave the additional parking spaces and add the shutters on the side windows. Mr. Carter stated he is not in favor of the condition to add a top rail to the fence and explained his reasons why. Chairperson Seay closed the Public Comment period. MOTION: By Commissioner Donovan and seconded by Commissioner Dariz recommending the Planning Commission adopt PC Resolution 2018-A, approving PLN 2018-1682, a Conditional Use Permit (CUP 2018-0322) approving a 15-bed RCFE at 7500 Portola Road, based on findings and subject to conditions, with a change to Condition 10 (referencing the site plan image in the staff presentation) that will require that the portion of fence shown in green shall be the iron decorative fence (including the jog labeled 41), and the remaining fence shall be outside of the front setback; and an addition to Condition 12 to include that the landscaping be planned so that it reaches a height of 6 feet or more. Motion passed 6:0 by a roll-call vote. Representative: Emily Baranek, Jade Architecture Project Location: 7500 Portola Road, Atascadero, CA APN 054-085-016 (San Luis Obispo County) Project Description: The proposed project includes a Conditional Use Permit for Master Plan of Development for a Residential Care Facility for the Elderly (RCFE). City Staff: Katie Banister, Assoc. Planner, kbanister@atascadero.org, Phone: (805) 470-3480. Proposed Environmental Determination: The project is categorically exempt from CEQA as a Class 32 exemption for infill developments (CEQA Guidelines Section 15332.) Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use Permit 2018-0322 for a Residential Care Facility. 3 PC Draft Minutes of 5/15/18 Page 4 of 6 3. CONDITIONAL USE PERMIT FOR 12405 SANTA LUCIA ROAD Planning Intern Wilson presented the staff report. EX PARTE COMMUNICATIONS Commissioners Anderson and Chairperson Seay drove by the property. Associate Planner Banister answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Lee Dugan. Mr. Dugan stated his intent to landscape the whole side of the building, which would block out any view of the side of the structure. Chairperson Seay closed the Public Comment period. MOTION: By Commissioner Donovan and seconded by Vice Chairperson Zirk recommending the Planning Commission adopt PC Resolution 2018-A, approving PLN 2018-1694, a Conditional Use Permit (CUP 2018-0325) to allow the construction of an accessory dwelling unit (ADU) at 12405 Santa Lucia Road, with an oversized garage, based on findings and subject to conditions of approval. Motion passed 6:0 by a roll-call vote. Property Owner/Applicant: Lee Dugan, 12405 Santa Lucia Road, Atascadero, CA 93422 Project Title: PLN 2018-1694 – Conditional Use Permit Project Location: 12405 Santa Lucia Road, Atascadero, CA APN 055-431-001 (San Luis Obispo County) Project Description: The proposed project includes a Conditional Use Permit for multiple accessory structures on one property resulting in three (3) structures where two (2) are normally allowed. City Staff: Katie Banister, Assoc. Planner, kbanister@atascadero.org, Phone: (805) 470-3480. Proposed Environmental Determination: The project is categorically exempt from CEQA as a Class 32 exemption for infill developments (CEQA Guidelines Section 15332). Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use Permit 2018-0325 to allow the construction of an accessory dwelling unit with an oversized garage. 4 PC Draft Minutes of 5/15/18 Page 5 of 6 4. CONDITIONAL USE PERMIT AMENDMENT FOR 6901 AND 6903 EL CAMINO REAL (COLONY SQUARE) EX PARTE COMMUNICATIONS Commissioners Anderson and Dariz reviewed this project at the Design Review Committee. Director Dunsmore gave a background on the Colony Square project. Senior Planner Taylor presented the staff report. Senior Planner Taylor and Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Jeff Nelson, Thom Jess, Derek Kirk, Max Zappas, and Charlie Fruit. The applicants answered questions from the Commission. Chairperson Seay closed the Public Comment period. MOTION: By Commissioner Donovan and seconded by Vice Chairperson Zirk recommending the Planning Commission adopt PC Resolution 2018-A, approving an Amendment to the Colony Square Master Plan of Development (CUP 2004-0127) to Property Owner/Applicant: Jeff Nelson, The Oak Creek Company Project Title: CUP 2004-0127 – Conditional Use Permit Amendment Representative: Thom Jess, Arris Studio Architects Project Location: 6901 and 6903 El Camino Real, Atascadero, CA APN 029-361-041 (San Luis Obispo County) Project Description: The proposed project includes a Conditional Use Permit Amendment for the Colony Square Master Plan of Development to add a 3-story boutique hotel on the L-shaped lot between El Camino Real and Atascadero Creek. Buildings B & C at Colony Square are proposed to be redesigned to include 19,400 sq. ft. of retail and restaurant space on the 1 st floor and an 89-room hotel on the 2nd and 3rd floors. The hotel is proposed to utilize the existing shared parking within Colony Square, existing on street parking within the downtown, and a valet service. City Staff: Callie Taylor, Sr. Planner, ctaylor@atascadero.org, Phone: (805) 470-3448 Proposed Environmental Determination: The proposed project is consistent with the certified Mitigated Negative Declaration 2005-0020 prepared for the original Colony Square project. Recommendation: Planning Commission adopt PC Resolution 2018-A, approving an Amendment to Conditional Use Permit 2004-0127 for a boutique hotel. 5 PC Draft Minutes of 5/15/18 Page 6 of 6 allow a 3-story 89-room boutique hotel, based on findings and subject to Conditions of Approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Director Dunsmore gave a report on the “State of the North County” meeting, Santa Maria Brewery, Quiky Car Wash, and the corner lot on Highway 41 and El Camino Real. ADJOURNMENT – 7:57 p.m. The next Regular meeting of the Planning Commission is scheduled for June 5, 2018, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 6 Atascadero Planning Commission Staff Report – Community Development Department General Plan & Housing Element Annual Progress Report 2017 (CPP18-0061) RECOMMENDATION: File report and direct Staff to submit the attached 2017 Annual General Plan and Housing Report to the State of California. DISCUSSION: Background: The State of California requires all cities to file an Annual General Plan Progress Report to the Office of Planning and Research (OPR) and an annual Housing Element Progress Report to the Department of Housing and Community Development (HCD). The purpose of this report is to monitor the City’s implementation of the City’s General Plan including the City’s Housing Element, Additionally, this report wil l serve as an update to the Department’s yearly activities. Analysis: The following is a summary of the Community Development Department’s activities in 2017. The Report (Attachment #1) contains a full documentation of the department’s activities. On average, the department processes approximately 701 construction permits per year; however, the past three years have continued to be “above average”.  In 2016, the department processed 1,295 construction permits, reviewed 79 planning projects, and performed final inspections on 842 structures.  In 2017, numbers were similar with 1,132 construction permits, 74 planning projects and 897 final inspections for new structures. Significant projects that were completed/entitled in 2017 included the following:  Cannabis zoning amendments  Del Rio Specific Plan Amendment for the Annex Hotel  La Plaza mixed-use project in downtown  Hartberg residential project  Emerald Ridge residential project ITEM NUMBER: 2 DATE: 6-5-18 7 2017 Building Division by the Numbers 2017 Planning Division by the numbers General Plan Background: California planning law requires the City to adopt a “comprehensive, long -term General Plan for physical development” (Government Code 65300). The City’s General Plan was adopted in 2002. The 2002 General Plan adopts policies for the City’s distribution and character of land uses and development. The General Plan goals, policies, and programs guide short- and long-range decision making through 2025. This annual report will reflect the 0 200 400 600 800 1000 1200 1400 2013 2014 2015 2016 2017 Received Issued Finaled CFD Annexation City Policy Plan Development Plan Final Map GPA Preliminary reviewSubdivision Tree removal Use Permit Variance Zone Change 2017 Entitlements 8 activities that the department has done in 2017 in meeting those goals and objectives outlined by the General Plan. 2017 Housing Activities and Report: The purpose of the Housing Report is to monitor the implementation of the City’s General Plan Housing Element and progress toward meeting the City’s Regional Housing Needs Allocation (RHNA). The allocations are targets for the production of affordable housing for various income groups throughout the City for a five year period (2015-2019). These regional housing allocations are required to be used by the City when updating the Housing Element. They are the basis for assuring that adequate sites and zoning are available to accommodate at least the number of units allocated. These housing allocation numbers are not housing unit quotas that the City must achieve within the time frame of their next Housing Element update, but instead are housing “targets” that the City must provide zoning for and reduce obstacles to development. For the period from 2015 to 2019, there have been 174 more units built than the overall target; however, these units have been in the moderate and above moderate categories. We would need to issue permits for 86 more units in the very low and low categories in order meet the target by next year. Given the current number of units on the horizon, and the composition of the City’s Affordable Housing Policy, the City is not likely to reach the RHNA target for low and very low categories. RHNA Housing Target and Totals 2015-2019 Very Low Income (50% of Median) Lower Income (80% of Median) Moderate Income (120% of Median) Above Moderate (Greater than 120% of Median) Target 98 62 69 164 Completed 48 26 174 233 Remaining needed 50 36 0 (-105) 0 (-69) San Luis Obispo County Median Income for a Family of Four (4): $77,100 for 2016 2017 Housing Production: For 2017, the City issued building permits to construct 88 new residential units, 14 of which were secondary units. This is a drop from 2016, when 120 residential permits were issued. However, many of those permits were due to the Knolls at the Avenida project, otherwise known as the Atascadero Family Apartments. Unless, additional land is rezoned to accommodate higher density residential development, residential 9 development numbers are anticipated to decline over the next several years , as many of the multi-family sites have already been developed. With the ending of the Dormant Permit Program (2.5 percent of units were issued that were a part of this program), the availability of projects that were considered “off the shelf” has dwindled substantially. With raw land for development within the City at a premium, developers are now seeking projects that require exceptions or zoning amendments for residential construction including speculation on conversions of non-residential land uses for residential use. FISCAL IMPACT: None. ATTACHMENTS: 2017 General Plan Annual Report 10 2017 Annual General Plan Progress Report 11 Page | 1 Annual General Plan Progress Report – 2017 Table of Contents 1.1 Introduction ..................................................................................................................... 2 2.1 General Plan Activities .................................................................................................... 2 3.1 2017 Planning Division Applications & Entitlements ........................................................ 2 3.2 2017 Building Division Applications & Inspections ........................................................... 3 3.3 Housing & Residential Growth ......................................................................................... 4 3.3 Non-Residential Development ......................................................................................... 5 12 Page | 2 Annual General Plan Progress Report – 2017 Section 1 – Introduction 1.1 Introduction Every year, the City produces a report on the status of its General Plan and provides an overview of actions taken to implement this comprehensive plan during the past year, consistent with California Government Code section 65400. This report is provided to the City Council, as well as, residents and other interested parties to assist in gauging the progress the City is making on the programs that are being implemented. The annual report fulfills State law requirements and evaluates the number of housing units that have been approved and completed. Section 2 – General Plan Activities 2.1 General Plan Activities The General Plan states the community's goals, objectives, policies, and implementation measures (i.e., ways to achieve the goals and objectives). As a policy document, the General Plan establishes goals and policies for decision makers. Using these policies, the City Council and Planning Commission take steps toward achieving the larger goals of the City. The City focuses implementation programs contained in the General Plan through day to day operations of the City. The City’s General Plan was adopted in June 2002. The City’s last major update of the General Plan was undertaken in January 2015 with the City’s adoption and certification of the 2014-2019 Housing Element Update. Section 3 – Planning & Building Yearly Activities 3.1 2017 Planning Division Applications & Entitlements The Planning Division Highlights  74 applications processed in 2017. Some of the more significant projects included:  La Plaza Mixed Use Development  Annex Hotel and Del Rio Specific Plan Amendment  Cannabis Ordinance  Zoning Update for Land Use Definitions 13 Page | 3 Annual General Plan Progress Report – 2017  El Camino Real Grant approval Planning Applications 2017 3.2 2017 Building Division Applications & Inspections 33 48 22 46 77 88 79 74 0 10 20 30 40 50 60 70 80 90 100 2010 2011 2012 2013 2014 2015 2016 2017 Tree Removal CUP AUP Cert. of Comp. DRC Lot Line Adj. Final Map Zone Change Subdivision GPA Address Chg ABC Road Abandon 0 2 4 6 8 10 12 14 8 14 10 2 14 3 4 4 7 4 2 2 0 Application Types 14 Page | 4 Annual General Plan Progress Report – 2017 2017 Highlights  1,132 building permit applications  Issued 1,058 building permits.  In 2017, City building inspectors made 3,022 construction and safety-related inspections associated with building permit activity.  The Building Division “finaled” or completed 897 building permits. 3.3 Housing & Residential Growth The 2017 California Department of Finance data estimates that the City’s population is 31,135 residents. This is a 1 percent increase over 2016 estimates and 9.1% growth since the 2010 census. Housing & Population 2017 Update Housing & Population 2010 Census 2017 Percentage Increase Total Housing Units 11,505 12,288 9.4% Total Population 28,310 31,135 9.1% Major Residential Project Construction 2017 Project Name Address Housing Type Number of Units Number of affordable units Las Lomas Condominiums Las Lomas/Ranada Townhomes 15 20* Southside Vilas Pamplona Townhomes 6 0 * Units deemed moderate based on sales price as established by the San Luis Obispo County Previously approved project List RHNA 2014-2019 State housing law requires that each municipality establish quantified objectives for their fair share of regional housing needs by income group. Deed-restricted affordable housing, count towards meeting the quantified objectives. The quantified objectives are for the period of 2014-2019 Housing Element. 15 Page | 5 Annual General Plan Progress Report – 2017 2014-2019 Atascadero Share of Regional Housing Need (RHNA) Very Low Low Moderate Above Moderate Total 2014-2019 Reporting Period Totals 98 62 69 164 393 2014 Permitted Units Issued 2 1 80 95 178 Secondary Units Issued 0 0 7 0 7 Subtotal 2 1 87 95 185 2015 Permitted Units Issued 1 0 56 27 84 Secondary Units Issued 0 0 2 2 4 Subtotal 1 0 58 29 88 2016 Permitted Units Issued 45 25 29 19 118 Secondary Units Issued 0 0 0 2 2 Subtotal 45 25 29 21 120 2017 Permitted Units Issued 0 0 0 74 74 Secondary Units Issued 0 0 0 14 14 Subtotal 0 0 0 88 88 Total Units Issued 2014-2019 48 26 174 233 481 Remaining RHNA 50 36 -105 -69 -88 49% 42% 252% 100% 100% 3.3 Non-Residential Development The following table shows non-residential permits of significance that were issued in 2017, along with the building Valuation that was provided as apart of building permit issuance. 2017 Non-Residential Building Permits Issued Business Name Permit Status Address Project Type Valuation Med Post Construction Complete 7330 El Camino Real New construction $447,928.00 West Mall Medical Office Under Construction 5920 West Mall New Construction $365,904 Wendy’s remodel Construction Complete 8600 Curbaril Major tenant Improvements $175,000.00 CCP Medical Offices Construction Complete 6955 El Camino Real Major tenant Improvements $815,195.00 Dead Oak Brewery Construction Complete 5925 Entrada Major tenant improvements $60,000.00 Santa Maria Brewery and restaurant Under Construction 7935 San Luis Avenue Major tenant Improvements $380,000.00 Traffic way distillery Construction Complete 5804 Traffic Way Minor tenant Improvements $15,000.00 \\cityhall\cdvlpmnt\- 06 plns\pln 2006-1133 annual housing report-general plan\annual gp-housing report 2013\pc-sr-2013.apr-ac.doc 16 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department Conditional Use Permit for Multi-Family Residence in a Commercial Zone (PLN 2018-1699) RECOMMENDATION(S): Staff recommends the Planning Commission adopt PC Resolution 2018-A approving Conditional Use Permit 2018-0326 to allow a residential conversion of space to add an additional studio apartment within an existing second-story apartment, based on findings and subject to conditions of approval. Project Info In-Brief: PROJECT ADDRESS: 8030 El Camino Real Atascadero, CA APN 056-031-043 PROJECT PLANNER Katie Banister, Associate Planner 470-3480 kbanister@atascadero.org PROPERTY OWNER George Kartsioukas, 990 Herdsman Way, Templeton, CA 93465 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial (GC) Commercial Retail (CR) 0.3 acres Mixed use (commercial & residential) Mixed use (commercial & residential) ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15301 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 17 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Surrounding Uses / Parcel Configurations: Zoning Aerial North: South: East: West: Commercial Retail (CR) Commercial Service (CS) Commercial Retail (CR) Commercial Professional (CP) Commercial Retail (CR) Highway 101 Summary: The applicant requests a Conditional Use Permit (CUP) to increase the number of second-floor apartments from one unit to two units. Analysis: The property is located on El Camino Real, south of the intersection with Curbaril Avenue. Existing first floor uses are commercial in nature. The front portion of the building is occupied by “Tidwell Bookkeeping Services”. The rear of the building is suitable for storage and/or warehouse-type commercial uses. The existing second-floor residential unit is in the rear of the building. The apartment was approved by San Luis Obispo County in 1974 and constructed in 1975. The existing space is a two-bedroom, one-bathroom apartment approximately 1,177 square feet in area . Atascadero Municipal Code (AMC) Section 9-3.330 conditionally allows residential units in the Commercial Retail (CR) zoning district when located on the second floor or above. Staff has been unable to determine whether the County would have required a CUP for the construction of the apartment in 1974. No record of such a CUP has been CS CP RMF-24 CR RSF-X 18 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero found for the subject property. The apartment is a legal non-conforming apartment due to lack of entitlement. AMC 9-7.105 prohibits enlarging, altering or extending such uses “without first securing approval of the required entitlement.” The applicant proposes constructing demising walls to create a 260 square-foot studio apartment within the footprint of the existing apartment. The project is an alteration that would create an expansion in the number of residential units without an expansion of the area of use. 8030 El Camino Real - Google 3-D Image Multi-family standards Property development standards for multi-family projects are applied to residential units in the commercial zoning districts. AMC 9-3.262 requires:  100 cubic feet of enclosed storage space, exclusive of closets, per dwelling unit,  Laundry facilities (either individually in units or shared), and  One covered parking space per dwelling unit of the total required parking spaces. As designed, the project does not meet these requirements. The existing two-bedroom unit includes a utility room with space for both laundry equipment and storage space, but the studio does not. The existing 2-bedroom apartment has a utility room with Tidwell Bookkeeping Services Residential portion 7-Eleven Chistose Sushi El Camino Real Wendy’s Restaurant 19 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero laundry hook-ups and storage space. The proposed studio does not have adequate space to provide these amenities. There is space on the first floor under the stairs where storage space can be located. The applicant requests the l aundry requirement for the studio be waived. The draft resolution includes a condition to require 100 cubic feet of storage space for each unit. Covered parking is addressed more fully in the next section. Parking AMC 9-4.118 lists the required number of parking spaces for each use. A total of 14 spaces are required for the project as proposed. There are currently 13 uncovered parking spaces on the site, including one accessible space. The applicant has there is sufficient space on-site to provide additional uncovered spaces Use Quantity Required Parking Rate Required Spaces Office ~ 2,280sf 1/400sf 6 Warehouse ~ 3,700sf 1/1000sf 4 2-bedroom residence 1 unit 2/unit 2 1-bedroom residence 1 unit 1.5/unit 1.5 Guest parking 2 units 1/5 units 0.4 TOTAL: 14 Spaces AMC 9-3.262 requires multi-family projects to provide at least one covered parking space for each dwelling unit. Developers commonly satisfy this requirement with a carport, which is permitted by the Municipal Code. Carports encourage unscreened storage of personal belongings, leaving a cluttered appearance in our commercial areas. The subject site includes several garages on the first floor of the building (see image below). Staff understands the applicant intends to lease these spaces to a commercial tenant. Staff recommends one garage space be used to provide the covered parking space for the new studio. This would be a 14th parking space, as required by the Municipal Code. 20 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Staff recommends carports not be used on the site for covered parking. If the Planning Commission does not condition the project to use the garage for residential covered parking, a modification to the parking requirement should be approved. The Planning Commission must find “that the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use” (AMC 9-4.115). The draft resolution includes a condition that one garage space be used for residential parking. If the garage is not used to provide covered parking, staff recommends the Planning Commission make the finding above, and eliminate the requirement for covered parking. Garbage Collection AMC 9-4.129 requires garbage collection areas to be screened from view by a solid fence or wall as high as the collection container. There is currently no screened garbage-collection area on the site. One possible space for such an area is to the north of the residential portion of the building. The draft resolution includes a condition for the applicant to provide a screened garbage-collection area. Unused Area North of Building Fencing AMC 9-4.128 requires a 6-foot tall solid fence or wall between commercial and residential uses. The Wendy’s drive-through is located immediately to the west of the subject property. A temporary chain-link fence currently separates the two uses. The proposed site plan shows a new see-through iron fence to replace the temporary fence, which would match the similarly situated fence at 7 -Eleven. The draft resolution includes a condition for a permanent 6-foot tall solid fence or wall on this property line and on the southern property line between the building and the western property line. 21 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Southern Property Line Western Property Line Adjacent to Wendy’s Drive-through Landscaping AMC 9-4.125 lists landscaping requirements for each zoning district. Commercial districts are required to landscape at least 10 percent of site area including setbacks, unused areas (unless screened), within parking areas, adjacent to garbage collection areas, and street trees. The site is almost completely covered by existing buildings and asphalt. Remaining unpaved areas include a small planter to the north of the building currently occupied by the bookkeeping office, a triangular-shaped area to the south of the building adjacent to the parking lot for the sushi restaurant, and portions of area adjacent to the Wendy’s drive-through. 22 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Southern Side of the Building Adjacent to Sushi Restaurant Landscaping on the south side of the building The small planter adjacent to the building has been recently landscaped. The planter to the south of the building is in need of landscaping and irrigation. Staff recommends drought- tolerant, low-maintenance shrubs or possibly Italian cypress trees be planted along this long blank wall. The area to the north of the building along the western property line is currently visible from the parking lot and El Camino Real. This area should be either screened from view or landscaped. The draft resolution includes a condition requiring a landscaping and irrigation plan for these areas. Design Review AMC 9-2.107 gives the Design Review Committee (DRC) the authority to make recommendations on the design of commercial developments and projects subject to conditional use permit approval. The property was reviewed by the DRC in 2017 when the front office portion was updated. No exterior changes are proposed as a part of the current project so it was not referred to DRC. The draft resolution includes a condition that the paint colors approved by the DRC for the front of the building be used on the rema inder of the south side and the entire west side of the building. 23 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ENVIRONMENTAL DETERMINATION: The project qualifies for a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA Guidelines Section 15301, renovation or improvements of existing facilities of the same use). FINDINGS: To approve the Conditional Use Permit, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached draft resolution. Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan . 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. 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 detrime ntal or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 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. 6. The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. 7. The characteristics of the use or its immediate vicinity do not necessitate the number of parking spaces, type of parking design, or parking improvements required by the Zoning Ordinance. Tree #481 24 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Existing Floor Plan 2. Draft Resolution PC 2018-A 25 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Existing Floor Plan PLN 2018-1699 26 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution 2018-A PLN 2018-1699 DRAFT RESOLUTION NO. PC 2018-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING PLN 2018-1699, TO ALLOW THE ADDITION OF A MULTI-FAMILY RESIDENCE IN A COMMERCIAL RETAIL ZONE 8030 EL CAMINO REAL (APN 056-031-043) WHEREAS, an application was received from George Kartsioukas, 990 Herdsman Way, Templeton, CA 93465 (owner); and by Chris Thomas, PAS Company, 9160 Tiburon Circle, Atascadero, CA 93422 (designer); for a Conditional Use Permit for a second-floor multi-family residence; and WHEREAS, the property is in the Commercial Retail zoning district; and WHEREAS, the property is in the General Commercial General Plan Land Use Designation; and WHEREAS, multi-family residences are conditionally allowed on the second floor or above in the Commercial Retail zoning district; and WHEREAS, the property has one, second-floor, existing residential unit; and WHEREAS, the Planning Commission reviewed the proposed Conditional Use Permit application on June 5, 2018, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Findings for Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan. Fact: Land Use, Open Space and Conservation Element Policy 3.1 is to encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes. Program 3.1.7 allows mixed use development in the midblock portions of General Commercial areas along El Camino Real. The intersection of El Camino Real and Curbaril Avenue is identified as a prime commercial node. Program 3.1.1 designates the southeast corner of the intersection for a master planned retail commercial center. The project is outside the future master plan area and retains ground-floor commercial uses. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. 27 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact: As proposed, the project is an internal renovation to create a second multi-family residence from an existing apartment, which was permitted in 1974. The project, with Planning Commission approval of this conditional use permit, satisfies all applicable provisions of the Zoning Ordinance related to mixed-use development. 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. Fact: The proposed use is an extension of the existing residential use. The proposed renovation will be constructed to meet the standards of the building code. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Fact: The surrounding area is commercial in nature including a drive-through restaurant to the west. The proposed residence is similar in nature to the existing residence and will not be contrary to the orderly development of the neighborhood. 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. Fact: The ITE Trip Generation Handbook expects one apartment to generate 7 additional daily trips to the site. The project will not contribute significantly to the traffic volume in the area. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact: City Council Policy for Mixed Use Applications encourages vertical mixed-use projects where residential uses are on upper floors over commercial uses and puts additional requirements on horizontal mixed uses. This project is a vertical mixed use project where commercial uses are retained on the first floor. 7. The characteristics of the use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by the Zoning Ordinance. Fact: The existing residence does not have covered parking available. The proposed residence will be given one covered parking space within an existing garage. Carports designated for residential parking have a blighting effect and are not appropriate in the commercial setting. 28 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 5, 2018, resolved to approve Conditional Use Permit 2018-0326 subject to the following: EXHIBIT A: Notice of Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Conceptual 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 _________________________________________ Jerel Seay Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 29 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Notice of Exemption PLN 2018-1699 / CUP 2018-0326 30 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: Conditions of Approval PLN 2018-1699 / CUP 2018-0326 Conditions of Approval PLN 2018-1699 / CUP 2018-0326 8030 El Camino Real Planning Services Conditions 1. This Conditional Use Permit shall allow the construction of a studio apartment within the existing footprint of a residential unit on the second story of 8030 El Camino Real, and located on Parcel 1 of Parcel Map AT 81-256, recorded in Book 32, Page 11 of Parcel Maps, in the County of San Luis Obispo, California, APN 056-031-043, regardless of owner. 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. 3. The Community Development Department shall have the authority to approve minor changes to the project that (1) modify the site plan by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the conditional use permit. The Planning Commission shall have the final authority to approve any other changes to the conditional use permit unless appealed to the City Council. 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. 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 construction or use of the detached accessory structure. 6. All new utilities servicing the project shall be installed underground. 7. At the time of building permit, the applicant shall provide, at minimum, 100 cubic feet of enclosed storage space for each unit, exclusive of closets. The design and location shall be to the satisfaction of the director of the Community Development department. 8. Ongoing, the applicant shall provide, at minimum, 14 on-site parking spaces that comply with Atascadero Municipal Code Parking and Loading standards (section 9-4.114 or successor code section). Before the building permit for the apartment may be finaled, uncovered parking spaces shall be restriped. 9. Ongoing, one ground-floor garage space shall be devoted to covered parking for the proposed apartment. An unenclosed carport shall not be permitted to satisfy the covered parking requirement. 10. At the time of building permit, the applicant shall provide a screened garbage collection area consistent with Solid Waste Collection and Disposal standards of the Zoning Ordinance (AMC 9-4.129 or successor code section). The area shall be designed and located to the satisfaction of the director of the Community Development Department. 11. At the time of building permit, the applicant shall provide a 6-foot tall solid wall or fence, or a 6-foot tall metal picket fence along the western and southern property lines consistent with Exhibit C. The design and location of the 31 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval PLN 2018-1699 / CUP 2018-0326 8030 El Camino Real fence shall be to the satisfaction of the director of the Community Development Department. 12. At the time of building permit, the applicant shall provide a landscaping and irrigation plan consistent with the requirements of the Water Efficient Landscape and Irrigation Ordinance to the satisfaction of the director of the Community Development Department. The plan shall include the landscaping strip to the south of the building. If metal picket fence is placed on the western property line to satisfy Condition 11 above, the landscape plan shall include trees and shrubs to screen the adjacent drive-through lane from the property. 13. Before the building permit for the apartment may be finaled, the applicant shall paint the south-facing and west- facing walls to match the color of the existing commercial space. Building Services Conditions 14. The applicant shall apply for and receive a building permit before construction of the apartment may begin. 15. The apartment shall be constructed in compliance with all applicable requirements of the California Building Code. Fire Department Conditions 16. The project shall comply with all Fire Department standards and requirements including for fire-rated building separations; fire sprinklers; driveway length, width, surface and slope; and fire truck turnaround. 32 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Site Plan PLN 2018-1699 / CUP 2018-0326 6-foot tall solid fence or wall Provide landscape plants and irrigation to this area Provide landscape planting and irrigation to this area Restripe the parking area Provide landscape planting and irrigation to this area Provide an on-site screened garbage collection area Provide one covered parking space within an existing garage. 33 ITEM 3 | 6/5/2018 Conditional Use Permit PLN 2018-1699 / Kartsioukas Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D: Conceptual Floor Plan PLN 2018-1699 / CUP 2018-0326 Proposed Apartment Existing Apartment 34 ITEM NUMBER: 4 DATE: 6-5-18 Atascadero Planning Commission Staff Report – Public Works Department Road Abandonment PLN 2018-1691 Request to Summarily Vacate an Undeveloped Portion Of Mercedes Avenue & Del Rio Road Avenue Gene Barre / Calvin Cherry RECOMMENDATION(S): Planning Commission adopt Resolution 2018-A recommending the City Council summarily vacate an unconstructed portion of rights-of-way based on findings consistent with the State of California Streets and Highways Code and the City’s General Plan. SITUATION AND FACTS: 1. Applicant/Owners: Gene Barre PO Box 1783, Atascadero, CA 93423 Calvin Cherry 4615 Monterey Rd, Paso Robles, CA 93446 2. Project Address: 5147 Traffic Way, APN 028-191-015, Barre 5205 Traffic Way, APN 028-191-008, Cherry 6155 Via Avenue, APN 028-201-001, Cherry 3. General Plan Designation: Industrial (I) 4. Site Area: 5147 Traffic Way, 0.40 acres 5205 Traffic Way, 1.12 acres 6155 Via Avenue, 1.75 acres 35 DISCUSSION: Background: The requested abandonment is shown below (Figure 1, hatched areas). The properties are located between Traffic Way and the Railroad adjacent to the former milling facility that lies behind Atascadero Hay and Feed store. These rights-of-way were originally created on the Map of Atascadero Colony and have never been constructed or used as roadways. Portions of Mercedes Ave northwesterly, and southeasterly, of the subject right-of-way were abandoned in years past (Figure 1, green shading). Mercedes Avenue. A commercial building was permitted and constructed over a portion of the right-of-way in the 1990’s and is currently occupied by a business. Del Rio Ave. This right-of-way extends from Traffic Way and dead-ends into the Union Pacific Railroad. FIGURE 1 Previously Abandoned Previously Abandoned Current request 36 The property at 5147 Traffic Way is accessed via a 20-feet wide private access easement and does not require any portion of said rights -of-way to maintain access to the subject property. All other properties adjacent to the rights -of-way abandonments have frontage and access from existing city streets. Analysis: State Requirements - Requirements for summarily vacating a road are found in the Streets and Highways Code, Section 8331, which provides: 8331. The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period. City Requirements - California Government Code Section 65402 requires that all abandonments be consistent with the legislative bodies General Plan, as follows: “If a general plan or part thereof has been adopted…no real property shall be…vacated or abandoned…until the loca tion, purpose and extent of such…street vacation or abandonment…has been submitted to and reported upon by the planning agency as to the conformity with said general plan or part thereof.” The rights-of-way under consideration were created by the Map of Atascadero Colony (circa 1915). The subject portion of rights-of-way have never been constructed or used as roads. In addition, structures have been built in the rights-of-way (see Attachment 1) and the open area has been impassable for five or more years. Mercedes Avenue is shown on the City’s General Plan Map as a remnant right-of-way, not connected to any other rights-of-ways. The portion of Del Rio Avenue proposed for abandonment is not shown on the General Plan Map. The proposed rights-of-way to be abandoned do not appear in the Circulation Element, Figure III-2: General Plan Circulation Diagram. Conclusion: The proposed abandonment meets the following criteria necessary for a Summary Vacation:  Right-of-way has never been used as a road and ha s been impassable for more than five (5) years 37  Public funds have never been expended for maintenance on the subject rights - of-way during the stated time period  The abandonment is consistent with the circulation element of the City’s General Plan ALTERNATIVES: 1. The Commission may recommend to the City Council that the proposed abandonment is consistent with the City’s General Plan and that said right -of-way could be considered as excess right-of-way. 2. 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. PREPARED BY: Nick DeBar, Public Works Director ATTACHMENTS: Attachment 1 -- Location Map Attachment 2 -- Draft Resolution PC 2018-A t:\- plns (pre 2018 projects)\- 18 plns\pln 2018-1691 rab\pc staff report & res - mercedes & del rio abandonment.doc 38 Attachment 1: Location Map Mercedes Ave 5147 5205 Del Rio Ave 6155 39 Attachment 2: Draft PC Resolution 2018-A DRAFT RESOLUTION PC N0. 2018-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING SUMMARY VACATION OF A PORTION OF MECEDES AVENUE AND DEL RIO AVENUE PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (ROAD ABANDONMENT #PLN 2018-1691) WHEREAS, Eugene Barre, PO Box 1783, Atascadero, CA 93423 (applicant), and Calvin Cherry, 4615 Monterey Rd., Paso Robles, CA 93446 (co-applicant) applied to abandon portions of Mercedes Avenue and Del Rio Avenue, in the City of Atascadero, County of San Luis Obispo, State of California; and WHEREAS, the proposed abandonment is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the portion of the rights-of-way, as shown on the attached Exhibit A, have never been improved and have been impassable for vehicular travel for a period of five consecutive years and no public funds have been expended for maintenance on the subject rights- of-way during such period; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on June 5, 2018, at 6:00 p.m. and considered testimony, reports from staff, the applicants, and the public; NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Environmental Review. The Planning Commission recommends the City Council find that the proposed project is consistent with General Plan. SECTION 2. Findings of Approval. The Planning Commission recommends that the City Council find as follows: 1. The portions of Mercedes Avenue and Del Rio Avenue rights-of-way proposed to be abandoned have been impassable for vehicular travel for a period of five consecutive years and no public funds have been expended for maintenance on the subject rights-of- way during such period. BE IT FURTHER RESOLVED, that the Planning Commission of the City of Atascadero does hereby recommend that the City Council approve a Resolution of Abandonment for rights-of-way as shown on Exhibit A. 40 On motion by ______________________, and seconded by ________________________ , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ___________________________________________ Jerel Seay Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 41 Exhibit A: Mercedes Avenue & Del Rio Avenue Abandonment Map 42