The URL can be used to link to this page

Home My WebLink AboutPC Resolution 2019-0020PC RESOLUTION 2019-0020 `;�AUG 2019 % CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT FOR DAYTIME PROGRAMMING WITHIN A DESIGNATED EMERGENCY SHELTER OVERLAY ZONE LOCATED AT 6370 ATASCADERO MALL EMERGENCY SHELTER OVERLAY ZONE AMENDMENTS EL CAMINO HOMELESS ORGANIZATION (ZCH19-0060) WHEREAS, an application was received from the El Camino Homeless Organization, PO Box 2077, Atascadero, CA 93423, (Owner/Applicant) for a Conditional Use Permit to allow for daytime programming at their existing location at 6370 Atascadero Mall; and WHEREAS, the proposed project has a General Plan Designation of High Density Residential (HDR) 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 Multi -Family Zone (RMF -20) and is located within an Emergency Shelter overlay zone, as established by the Atascadero Municipal Code section 9-3.502(a); and WHEREAS, a Conditional Use Permit is required for any additional services or programs, including daytime service programs beyond those described in the Atascadero Municipal Code section 9-3.504(d)(1); and WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15323 where normal operations of an existing facilities for public gatherings for which the facilities are designed for are allowed; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on August 6, 2019 at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2019, resolved to recommend that the City Council approve a conditional use permit to allow for daytime programming at an existing shelter location within the Emergency Shelter Overlay Zone subject to conditions of approval as show in Exhibit A. SECTION 3. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the Conditional Use Permit: A. Findings for Approval of a Conditional Use Permit FINDING: The proposed project or use is consistent with the General Plan. FACT: The proposed use permit is consistent with the vision, intent, and policies of the adopted General Plan. FINDING: The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). FACT: The proposed use permit is consistent with the provisions of the Emergency Shelter Overlay Zone and underlying zoning district. FINDING: 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. FACT: The proposed use permit will provide daytime programs at an existing shelter location. The proposed extension of use can be accommodated within the existing facility and conditions of approval and existing ES code text will ensure that the daytime use of the site will not be detrimental to the surrounding neighborhood or general public. FINDING: That the use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. FACT: The proposed use permit will provide daytime programs at an existing shelter location. The proposed extension of use can be accommodated within the existing facility and conditions of approval and existing ES code text will ensure that services remain compatible with the surrounding neighborhood. FINDING: 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. FACT: The proposed extension of use at the existing shelter facility will not generate an increase in traffic beyond the safe capacity of surrounding roads. FINDING: That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The proposed use permit for the extension of daytime services at an existing shelter is compliant with all City policies. SECTION 4. CEQA. The proposed zoning text change is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2019, resolved to recommend that the City Council approve a Conditional Use Permit to allow for daytime programs at the existing shelter consistent with the Emergency Shelter Overlay text and subject to conditions of approval attached in Exhibit A. 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Site Plan BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Chairperson Zirk, and seconded by Commissioner Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Beraud, Wolff, Dariz, Zirk (5) NOES: None (0) ABSTAIN: None ABSENT: van den Eikhof, Shaw ADOPTED: August 6, 2019 Attest: Phil Dunsmore Planning Commission Secretary (0) (2) CITY OF ATASCADERO, CA Tom Zirk Planning Commission airperson EXHIBIT A: Conditions of Approval Conditional Use Permit for daytime services (ZCH19-0060) Conditions of Approval Timing Responsibility /Monitoring ZCH 19-0060 BL: Business License PS: Planning SeNces BS: Building Services GP: Grading Permit FD: Fire Department Address: 6370 Atascadero Mall BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attomey APN: 030-341-013 Planning Department Standard Conditions 1. This Conditional Use Permit shall be for the operation of daytime Ongoing PS services, which has been deemed as an additional service associated with operations of an emergency shelter at parcel APN 030-341-013 (6370 Atascadero Mall). This CUP shall run concurrently with the land and operator of the emergency shelter. 2. The approval of this use permit shall become final and effective for the Ongoing PS purposes of issuing building permits fourteen (14) days following the City Council 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 applicant shall defend, indemnify, and hold harmless the City of Ongoing PS, CA 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. Planning Conditions 4. Daytime services shall be open to resident clients only. Non-residents PS PS may be permitted on-site outside of evening shelter and meal program hours in accordance with the ES zoning text. 5. Scheduled trash pickup must be made to the site a minimum twice PS PS weekly or as required to ensure the site remains waste free. 6. Signage shall be updated to detail hours of operation for services PS PS provided on-site. 7. A minimum of 1 supervisor shall be on-site during all daytime hours PS PS when resident clients are present. 8. Program management and clients shall comply with all rules and PS PS/PD regulations established by the most current Operations Agreement approved by the City. 9. The emergency shelter operator must maintain a log of participants. PS PS This log shall include a legal name, date of birth, and housing status of participant. This log must be made available to City Staff and Atascadero PD upon request. Conditions of Approval Timing Responsibility /Monitoring ZCH 19-0060 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Address: 6370 Atascadero Mall FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney APN: 030-341-013 10. Dispute resolution shall be consistent with the dispute resolution PS PS outlined in the Operations Agreement and ES Overlay Zone. 11. Amplified noise (i.e. music, either recorded or live) is not permitted PS PS outside of special events held in accordance with the approved Operations Agreement and the ES Overlay Zone. EXHIBIT B: Site Plan 7 Tidal 5gtFG .7;uua Tem;-_ aan,&riaiong w Pa foot sethari Torre frwn adja�---n1 a property PinataE'C--hent ossiblafuture asssmbl,,ar=_a plavgroundsstes�� u ECHMO ' Q client A U Area C C spare picycle T• parking Additional Signage for 40 W*+ c 11 foPt shrub bo rd.r zone adiaracittpredparh Iln€ Hours of operation ♦� 0 Existingcniidmn s piayground ` 7rasfi f}urnnpster r Enclosure