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Home My WebLink AboutResolution 2019-071RESOLUTION NO. 2019-071 .•R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT FOR DAYTIME PROGRAMMING WITHIN A DESIGNATED EMERGENCY SHELTER OVERLAY ZONE 6370 ATASCADERO MALL EL CAMINO HOMELESS ORGANIZATION (ZCH19-0060) WHEREAS, an application was received from the EI 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; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the use permit; and WHEREAS, the City Council held a duly noticed public hearing to consider the proposed Conditional Use Permit application on August 13, 2019 at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of n Atascadero: SECTION 1. Recitals: The above recitals are true and correct. City of Atascadero Resolution No. 2019-071 Page 2 of 3 SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular n session assembled on August 13, 2019, resolved to approve a conditional use permit to allow for 11 daytime programming at an existing shelter location within the Emergency Shelter Overlay Zone subject to conditions of approval as show in Exhibit A and B. SECTION 3. Findings. The City Council makes the following findings, determinations and approvals with respect to the Conditional Use Permit: A. Findings for Approval of a Conditional Use Permit FINDING: (i) 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: (ii) 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: (iii) 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: (iv) 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: (v) 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 I I 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. City of Atascadero Resolution No. 2019-071 Page 3 of 3 FINDING: (vi) 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 project is Categorically Exempt (Class 1) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15301, because it does not significantly expand the use of the existing facilities nor are any physical modifications to the existing facilities proposed. SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session assembled on August 13, 2019, resolved to 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. PASSED AND ADOPTED at a regular meeting of the City Council held on the 13th day of August, 2019. n On motion by Mayor Moreno and seconded by Council Member Funk, the foregoing y II Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: Brian Pierik, City Attorney CITY OF ATASCADERO Heather Moreno, Mayor WrMII3W_1 Conditions of Approval Timing Responsibility tMonitoring ZCH19-0060 BL Busness License PS, Planning Services BS', Budd g Sauces GP: Grading Parol FD: Re Depanmmt Address: 6370 Atascadero Mall 8P: Balding Perm# Fi: FinallnspeMn PD. Police Depatmnt CE. CAyEnglneer TO: Tenaary Occupancy WWwastewater FD: Final Occupancy CA Cit Atmntey 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 fled 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 and the Operations and Management Plan. 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. $. Program management and clients shall comply with all rales and PS PS/PD regulations established by the most current Operations Agreement approved by the City. The Sue Permit includes the additional activities outlined in the Operations and management Plan. 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. 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 n i foot wlidw dfeneeaddedalung Exisnna 8fo,A.-ha in linkfenc aIDMJ", J:em the Wnpy rty fine existing hedge #� + sob,,ck t,m adkcenl V'W t• hnc i,. ECHp client intake _. ¢a EYiStin% - Recreation C pla}gromrd area R icHo ATea j# t ` 6 SSpace E in;yOlk parkins Signage for Hours of --- I` 2 zloicene aasdtjaacern operation ioproperterp 6 p ' � PaPki a� f fl r m `nasi -i 6utf�pster _ EnaaSIIrs �xintll Yr' 1' k°Ot w.� glided *.... _- "'w�, n