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HomeMy WebLinkAboutResolution 2024-056 City of Atascadero Resolution No. 2024-056 Page 1 of 8 RESOLUTION NO. 2024-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AMENDMENTS TO THE GRAND OAKS PASEO PROJECT MASTER PLAN OF DEVELOPMENT TO MODIFY THE COMMON OPEN SPACE AND AMENITY PLAN, DELETE UNIT 14, AND ADD 2 RESIDENTIAL UNITS ABOVE THE COMMUNITY BUILDING APN 029-274-014, 029-274-031, 029-274-032 GRAND OAKS PASEO CAL COASTAL HOLDINGS (AMND24-0045) WHEREAS, an application has been received from Cal Coastal Holdings, LLC, (Applicant/ Owner), 242 El Dorado Way, Pismo Beach, CA 93449, (AMND24-0045) to consider an Amendment to the Master Plan of Development (Resolution 2019-082) and PD overlay text to eliminate a cottage unit on Lot 14, eliminate the carport, and add two residential units to the second floor of the community building; and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR) and General Commercial (GC); and WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district and Commercial Retail (CR) with a Planned Development Overlay Zone (PD27); and WHEREAS, A Master Plan of Development was approved by the City Council consistent with the PD overlay standards on November 12, 2019 (Resolution 2019-082); and WHEREAS, PD 27 was established in 2006 and amended in 2019 with the approval of the Grand Oaks Paseo Master Plan of Development and modifications to the zoning overlay district are necessary for consistency with the amended Master Plan of Development; 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 Master Plan of Development Amendment application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, oral and documentary, was admitted on behalf of said Amendments; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Master Plan of Development Amendment application was held by the City Council of the City of Atascadero, at which hearing evidence, oral and documentary, was admitted on behalf of said Amendment. City of Atascadero Resolution No. 2024-056 Page 2 of 8 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearings. The City Council held a duly noticed public hearing to consider the amendment application on July 9, 2024, and considered testimony and reports from staff, the applicants, and the public. SECTION 3. CEQA. The proposed modifications are consistent with the previously certified Mitigated Negative Declaration (EDN2005-0063). SECTION 4. Facts and Findings. The City Council makes the following findings, determinations and approvals. 1. The proposed project is consistent with the General Plan; and Fact: The proposed amendments are consistent with the General Plan. The project site is designated General Commercial and High-Density Multi-Family and was approved as a custom-small lot subdivision with shared amenity space and a mixed-use component along the project frontage, consistent with the General Plan goals and policies. The proposed amendments do not change the overall use or character of the project. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and Fact: The project was approved as part of a master planned residential and live-work project and a custom Planned Development Overlay zoning district was approved for the project to allow for the small-lot subdivision and flexibility in zoning standards. Findings were made at the time of project approval that the project satisfied all additional findings to qualify for the Planned Development Overlay zone. The proposed amendments do not change the overall use or character of the project. 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 Fact: The amendment will not change the use or character of the project and will not be detrimental to the health, safety, or welfare of the general public or residents within the project. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and Fact: The proposed amendments are consistent with the character of the neighborhood and are consistent with uses previously approved on the site. City of Atascadero Resolution No. 2024-056 Page 3 of 8 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 Fact: The proposed amendments will not generate a substantial increase in traffic. The 2 additional proposed residential units, and the removal of another unit, will generate an insubstantial increase in the volume of traffic. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact: As conditioned, the project meets all City and State development standards. City Council policy requires special findings to be made to approve a Planned Development Overlay Zone, which includes high-quality landscape design. The proposed amendments enhance the community amenities and are consistent with the required findings. SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session assembled on July 9, 2024, resolves to approve an Amendment to the Grand Oaks Paseo Master Plan of Development (AMND24-0045), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Amended project plan components PASSED AND ADOPTED at a regular meeting of the City Council held on the 9th day of July 2024. On motion by Mayor Pro Tem Funk and seconded by Council Member Dariz, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Dariz, Funk, Newsom, and Mayor Moreno NOES: None ABSENT: None ABSTAIN: None CITY OF ATASCADERO: ______________________________ Heather Moreno, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk Exhibit A City of Atascadero Resolution No. 2024-056 Exhibit A Page 4 of 8 Conditions of Approval Grand Oaks Paseo Common Area Amendments AMND24-0045 Timing BL: Business License FM: Final Map 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. City Council Resolution 2019-082 and all associated entitlements shall be amended to eliminate the cottage unit on Lot 14, eliminate the carport structure, and add two unit to the second floor of the community building, as depicted in the attached exhibits and as subject to the conditions listed herein. All previous conditions approved as part of DEV19-0049 shall remain in effect unless specifically amended this amendment. The project site is known as the Grand Oaks Paseo project and this approval shall be in effect regardless of owner. Ongoing PS 2. The approval of these entitlements shall become final and effective for the purposes of issuing building permits the day after the final hearing. Ongoing PS 3. The Community Development Department shall have the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the entitlements. Ongoing PS 4. 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 these entitlements. Ongoing PS 5. Prior to permit issuance of improvements to the central community area, Lot 14 shall be merged into the adjacent common are lot and shall be provided as a common amenity space owned by the Owner’s Association, consistent with EXHIBIT B, and as follows: Central Open Space area improvements shall include: • A shade pergola above the fire pit and lounge seating area • A minimum of 2 natural gas or propane fire pit tables • A minimum of 3 outdoor dining tables • A BBQ and outdoor counter area • Lounge seating within the upper and lower patio space • Mulch and irrigation installed around the existing oak tree, under the supervision of a consulting arborist and a minimum of 3 informal seating areas. . Ongoing PS 6. Prior to issuance of permits for the common central amenity area, a bond shall be submitted and accepted by the city in an amount deemed necessary to construct all proposed improvements. Common central space amenities shall be permitted as needed, installed and finaled within 2 months of final Council action. BP BS / PS 7. An updated phasing plan shall be approved prior to any further permit application or issuance and prior to granting final occupancy for any residential unit. FO BS / PS City of Atascadero Resolution No. 2024-056 Exhibit A Page 5 of 8 Conditions of Approval Grand Oaks Paseo Common Area Amendments AMND24-0045 Timing BL: Business License FM: Final Map 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 8. The bike storage building shall be reduced in height to a maximum of 20-feet high and a minimum of 12-feet high, and shall comply with the following parameters: • Bicycle parking/storage must provide a minimum of one 110-volt electrical outlet and an additional outlet per ten bicycle parking spaces for charging electric bicycles. • Bicycle parking/storage racks must be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level. . Ongoing PS 9. Colors and materials for the community building shall be as depicted in EXHIBIT B. Modifications that are similar in nature and texture may be approved by the Community Development Director, and as follows: • All storefronts and windows shall be black trim, consistent with the adjacent live-work building. Ongoing PS 10. Short-term rental of the unit above the community building shall be prohibited. A deed covenant shall be recorded against the parcel notifying future owners of such. City of Atascadero Resolution No. 2024-056 Exhibit B Page 6 of 8 EXHIBIT B: Amended Project Plan Components AMND24-0045 New upper patio space Informal seating areas New lower patio space Shade structure on upper patio City of Atascadero Resolution No. 2024-056 Exhibit B Page 7 of 8 City of Atascadero Resolution No. 2024-056 Exhibit B Page 8 of 8