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CALL TO ORDER
MAY 2 1 2002
CITY OF p
CITY OF AT
PLANNING COMMISSION MINUT
Regular Meeting
May 7, 2002 — 7:00 P.M.
Chairman Bentz called the meeting to order at 7:01 p.m. and Commissioner O'Malley led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Kelley, O'Malley, Fonzi and Chairman Bentz
Absent: Commissioners Eddings and Norton
Staff- Community Development Director Warren Frace, Assistant Planner Glenn Rider and
Recording Secretary Grace Pucci.
PUBLIC COMMENT
Terril Graham, 6205 Conejo Road, expressed his concern regarding decisions made on property
annexation without appropriate public hearings and environmental impact reports. He discussed
the issue of water service to the Mackey property and the Home Depot project.
Julie Bennett, 3725 Monterey Road, read from a prepared statement regarding her concern over the
proposed building moratorium on guesthouses in Atascadero. (Attachment A)
PLANNING COMMISSION BUSINESS
A. Administration of Oath of Office
City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commission
Members Robert M. "Grigger" Jones and Roberta Fonzi.
PC Minutes 05-07-02.gp.doc 05/22/02
City of Atascadero Planning Commission Minutes
CONSENT CALENDAR
rtegular Meeting May 7, 2002
Page 2 of 8
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON APRIL 16, 2002.
2. TIME EXTENSION REQUEST VESTING TENTATIVE TRACT MAP #25-89 (5805
CAPISTRANO AVE., HOTEL PARK GROUP)
Consideration of a one-year time extension for approved Vesting Tentative Tract Map #25-
89.
3. FINAL MAP ACCEPTANCE: PARCEL MAP ATAL 00-0081 FOR LOT LINE
ADJUSTMENT 2000-0004.
Vice Chairman Fonzi requested Consent Calendar Item #1 be pulled. Vice Chairman Fonzi
asked for clarification on the Motion for Item #3, page 4 of the Minutes for April 16, 2002.
Commissioner Kelley indicated that it was his intention to move that the changes to the
conditions as suggested by the Commission be implemented. The Motion will be revised to read
as follows: Motion: By Commissioner Kelley and seconded by Commissioner Eddings to adopt
Planning Commission Resolution 2002-0018 approving Conditional Use Permit 2001-0051, a
request by Kelly Gearhart to construct a 14,400 +/- square foot industrial park subject to findings
and conditions along with implementation of the following conditions: that native oak trees are
used in the landscaping plan along El Camino and to the rear of the building along Highway 101,
and also that the applicant work with staff to coordinate the colors of the roll -up doors so all
colors used in the building will blend together, and that the windows added on in the back and
front of the buildings as indicated in the plans will be utilized, and to adopt Planning
Commission Resolution 2002-0019 approving Tentative Tract Map 2001-0013, a request by
Kelly Gearhart to subdivide a lot into six parcels consistent with CUP 2001-0051 subject to
findings and conditions.
MOTION: By Commissioner O'Malley and seconded by Vice Chairman Fonzi to accept
Consent Calendar Item #1 as revised.
AYES: Commissioners O'Malley, Fonzi, Kelley, Jones and Chairman Bentz
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
MOTION: By Commissioner O'Malley and seconded by Vice -Chairman Fonzi to accept
Consent Calendar Items #2 and 3.
AYES: Commissioners O'Malley, Fonzi, Kelley, Jones and Chairman Bentz
NOES: None
City of Atascadero Planning Commission Minutes
ABSTAIN: None
Motion passed 5: 0 by a roll -call vote.
PUBLIC HEARINGS
rtegular Meeting May 7, 2002
Page 3 of 8
4. PROJECT TITLE: CONDITIONAL USE PERMIT 2002-0058, 6755 EL CAMINO
REAL.
Applicant:
Mike Sherer, 6755 El Camino Real, Atascadero CA 93422
Project
6755 El Camino Real, Atascadero, San Luis Obispo County APN 029-347-017
Location:
Project
The proposed project consists on condition use permit to allow for a 960± square
Description:
foot addition of existing office building in the Downtown.
General Plan Designation: Downtown
Zoning District: Downtown Commercial
Proposed
PROPOSED CATEGORICAL EXEMPTION CLASS 1E: The proposed
Environmental
project qualifies for a Class 1E exemption under CEQA. The Class lE
Determination
exemption pertains to additions to existing structures.
Staff
Adoption of Planning Commission Resolution 2002-0023 approving Conditional
Recommendation
Use Permit 2001-0058, a request to allow a 960 square foot addition to an
existing 3,975 square foot office building in the Downtown Commercial district
subject to findings and conditions.
Commissioner O'Malley stepped down from consideration of this item due to a possible conflict.
Community Development Director Warren Frace provided the staff report and answered questions
of the Commission.
PUBLIC COMMENT
Michael Sherer, applicant/owner, stated the following concerns with the project: 1) He would like
the trees placed in a configuration which would allow his signage to be visible and he is willing to
work with Main Street in selecting the trees, and 2) Condition No. 10, Creek Pathway, he does not
wish to encourage public usage of his private property to gain access to the pathway and therefore is
requesting this condition be waived. Mr. Sherer answered questions of the Commission.
Commissioner Kelley asked the applicant if he would be willing to enter into an agreement with the
City to work with staff on the trees once the Main Street tree program is complete. Mr. Sherer
stated that he would, and that they participate in and strongly supports all downtown activities.
Commissioner Fonzi suggested the placement of an additional trash receptacle on the property.
City of Atascadero Planning Commission MillULes rlegular Meeting May 7, 2002
Page 4 of 8
Commissioner Kelley indicated that he felt any additional public trash containers along the street
should be the responsibility of the City. Additionally, he feels that public pedestrian traffic should
not be permitted on the private walkway due to liability concerns.
Commissioner Jones agreed with Commissioner Kelley, and stated he would have a difficult time in
requiring a condition that would have the applicant installing a sidewalk on property he does not
own.
Chairman Bentz commented that he felt it would be unfair to require the applicant to make an
improvement on someone else's property, but at the same time he would like to see that kind of
improvement made by having the applicant work with the property owner in the future to help bring
that about.
Lon Allan, 6815 Santa Lucia, stated that the Atascadero Historical Society has a 99 year lease on
creek reservations two and three, which extend from El Camino Real behind the applicant's
property to the 1921 bridge. Currently, the Historical Society is embroiled in a lawsuit over this
area and is subsequently discussing what specifically their liability is in this case.
Chairman Bentz closed the Public Comment period.
Vice Chairman Fonzi stated her concern that there is not enough money available to put in any new
trees downtown. She stated that if the applicant would consider planting the trees it would be an
asset to the downtown to have it done as soon as possible.
MOTION: By Commissioner Kelley and seconded by Commissioner Jones to adopt Planning
Commission Resolution 2002-0023 approving Conditional Use Permit 2001-0058, a
request to allow a 960 square foot addition to an existing 3,975 square foot office
building in the Downtown Commercial district subject to findings and conditions
with the elimination of Condition No. 10, Creek Pathway, and in reference to Item
No. 9, that Peabody and Plum will work with the City on the placement of four trees
in front of their building or enter into an agreement that they will participate with the
Downtown Program for the planting of those trees.
AYES: Commissioners Kelley, Jones, Fonzi and Chairmen Bentz
NOES: None
ABSTAIN: Commissioner O'Malley
Motion passed 4:0 by a roll -call vote.
5. PROJECT TITLE: ZONE CHANGE 2002-0022
Applicant:
City of Atascadero
Project Title:
Zone Change 2002-0022
Project Location:
City wide
Project
The proposed project consists of a zoning code text amendment of the City sign
City ofAtascadero Planning Commission Minutes regular Meeting May 7, 2002
Page 5 of 8
Description:
ordinance. Staff is proposing minor text changes that would update and clarify
portions of the Sign Ordinance.
Proposed
PROPOSED NEGATIVE DECLARATION 2002-0015:
Based on the findings of the initial study, the Community Development Department
Environmental
Determination
recommends that the Planning Commission find that no significant harm would come
to the environment from approval of this project. The proposed Negative Declaration
is available for public review at 6500 Palma Avenue, Community Development
Department, Room 104, from 8:00 a.m. to 5:00 .m., Monday through Friday
Staff
The Planning Commission adopt Resolution 2002-0024, recommending that the
Recommendation
City Council of the City of Atascadero adopt the proposed amendments to the sign
code for the City.
Community Development Director Warren Frace provided the staff report and answered questions
of the Commission.
Commissioner O'Malley suggested that in the future, anytime changes are proposed to an existing
document, it would be helpful if those changes were highlighted and to know who made those
changes. Additionally, he felt if any changes have a potential impact on any particular group or
business, those groups should be contacted and given the opportunity to review the document and
give input.
Commissioner Kelley stated that he agrees with Commissioner O'Malley and felt it is important to
have the business community involved in this code text amendment. He would like to see some
additional work done on this amendment as well as have the City Attorney present to answer some
of the more technical/legal questions involved.
Commissioner Jones concurred with Commissioner Kelley and though he understands the need to
expedite the process, he feels that additional input is needed.
Commissioner Fonzi requested clarification on the term "non-commercial speech."
Commissioner O'Malley questioned what standards would be involved and who would be
responsible for "appearance review by the Planning Division."
Commissioner Kelley brought up the issue of signage on buildings that face sideways, and stated
that he would like to see this issue as well as the other concerns mentioned be cleaned up before this
amendment is voted on.
PUBLIC COMMENT
Joanne Main, 8040 San Gabriel Road, commended staff on bringing the freeway signage issue
forward for consideration. She suggested a committee be formed to address the sign ordinance.
Commissioner O'Malley asked Ms. Main if she would prefer if this amendment were approved as
presented tonight or if the business community would rather have a longer opportunity to study the
ordinance and make additional recommendations. Ms. Main stated that she was in support of the
amendment and for cleaning up the highway and she felt the 40 square foot maximum signage
would be acceptable.
City of Atascadero Planning Commission MiriuLes rlegular Meeting May 7, 2002
Page 6 of 8
Chairman Bentz closed the Public Comment period.
Chairman Bentz stated that the sign problems in Atascadero are not being addressed by the change
to be voted on tonight; he feels much more detail and thorough analysis as well as community input
is needed to adopt a new sign ordinance that the community could live with for a long period of
time. Chairman Bentz felt this was a first step in the right direction, and would address some of the
issues that must be addressed in light of current case law. He reiterated that this would just be a
recommendation to the City Council with the Commissioner's thoughts and ideas.
Commissioner O'Malley indicated that he would be supportive of moving this ahead if staff would
see that some of the concerned organizations receive a copy of the proposal that is going to the City
Council. Additionally, he would like the City Attorney to make clear the changes he has made to
the document.
Commissioner Kelley stated that he could go along with Commissioner O'Malley's suggestion and
feels it would be best to send the amendment forward.
Vice Chairman Fonzi felt it would be appropriate to sent this forward but voiced the following
concerns: 1) Clarification of the wording of "non-commercial speech," 2) Clarification of
"permanent" vs. "temporary" with attachment of a time limit, 3) Why there is a different period of
time for political signs rather than other sighs, 4) Under 9-14.005, pg. 49, Item (8) (G), what would
be the time limit for phased developments which span many years. She supports removing banners
along freeway frontage.
Commissioner Jones would like to see this amendment move forward and would like to give the
Chamber of Commerce an opportunity to address the issue.
Commissioner O'Malley suggested that Vice Chairman Fonzi consider placing a time limit on her
concern regarding Item (8) (G).
Community Development Director Frace stated that this would only apply to subdivisions of 20 or
more units. Staff's experience has been these type of projects build out in three to four years, and
this might be an appropriate time limit, as well as requiring them to come back after three years to
either re -approve the sign, insuring that they meet the current standards, or take them down.
MOTION: By Commissioner O'Malley and seconded by Commissioner Kelley to adopt
Resolution 2002-0024, recommending that the City Council of the City of
Atascadero adopt the proposed amendments to the sign code for the City with the
following recommended changes:
1. Underlining or strikethrough of all changes, including the City Attorney's
changes.
2. Copies of this ordinance will be sent to the Chamber of Commerce and Main
Street.
3. Clarification of "freeway" versus "street" signs in relation to orientation to street
frontage.
4. Further discussion about the 10 -day requirement to remove political signs.
City of Atascadero Planning Commission Minutes
kegular Meeting May 7, 2002
Page 7 of 8
5. Clarification of the definition of "non-commercial speech."
6. Clarification of the definition of "temporary" signs.
7. Clarification of the reason for political signs having a different time period than
commercial signs.
8. Time period for signs in subdivisions to be three years.
AYES: Commissioners O'Malley, Kelley, Jones, Fonzi and Chairman Bentz
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
Community Development Director Frace gave the following updates: 1) New Planning Services
Manager Steve McHarris will be starting on Monday, 2) The Planning Department and Community
Services counters will be moved into the elevator lobby creating a customer service lobby around
the elevator area while providing additional security to the upper levels, 3) three Cal Poly interns
have been hired for the summer, 4) regarding the General Plan Update, staff is in the process of
responding to comments received; the update should be coming back to the Commission for
additional review and hearings by June.
COMMISSIONER COMMENTS & REPORTS
Commissioner O'Malley stated that the Community Redevelopment Agency of Atascadero has
received and reviewed a staff report regarding a proposed zone change for the downtown zoning
and some related code text amendments. He commended the Main Street organization for the time
and efforts they have put into these recommendations. As the Commission will be reviewing these
changes, he suggested the information be distributed as soon as possible. Commissioner O'Malley
encouraged any Commissioners who haven't met Main Street Executive Director Glenda Wright to
get in touch with her; the Main Street office phone number is 462-0177.
Vice Chairman Fonzi referred to the issue brought up by Julie Bennett regarding guesthouses and
asked about the current status on this item. Director Frace stated that when the City Council was
taking testimony on the Draft EIR, one of the issues that arose was guesthouses and their population
impacts and therefore their environmental impacts. The Council discussed the potential impacts
and determined that there might be a fairly significant impact. They voted on a recommendation to
staff to prohibit guesthouses throughout the City in all single-family zones and that legal second
units will be allowed in the Y zone (one -acre zone) only. This did not change any exiting codes, but
it will be drafted into the new General Plan. Director Frace answered questions regarding this issue.
Commissioner Jones stated that he is very impressed by the operations of the City at this time and
thanked Director Frace for taking the time to answer his questions.
City of Atascadero Planning Commission MinuLes
riegular Meeting May 7, 2002
Page 8 of 8
Commissioner Kelley spoke about a north county water seminar he attended with Commissioner
O'Malley in which he learned that Atascadero is in the best water situation in the north county.
Commissioner Jones indicated that he is a member of the Atascadero Mutual Water Company
Board and the North County Water Purveyors Board, and the Water Company is working hard to
insure that the City's delivery systems will always be adequate no matter what the future build out
will be.
ADJOURNMENT
Chairman Bentz adjourned the meeting at 8:20 p.m. to the next regular meeting of the Planning
Commission on May 21, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
Attachment A —Julie Bennett, 3725 Monterey Road
Adopted 5121/02
CdvlpmnVPC Minutes 05.07.02.gp,doc
AttachmE #
PC Minutes of Uv r� ii�
,-
l y name s lube Bennett l , We at , _5 Monterey Road in Atayscadero:
I attt dere ti night because l ar iconcerned about the proposed Building Moratorium and
or complete Elimination of Guest Houses in Atasc adero, /
I understand (. ucn-t Houscs do not qualit toward the requirements lbr Api6r&ible ho iin
The plan for Elimination. Of Guest Houses is to he replaced by allow j.ng Secondart
Housing. m specitic areas which would then be eligible for credit: toward the A1=tc►rdable
Housing.,
Why don't we take this to the ie islature to have granny units considered. to be affordable
housing. A hat can be more attordable than ha�'ing tzrariny lining next c1c)-or`'
Amsc-adero is such a great place to live not only becau ��t the Dation climate and the
beauty hut also because of the People here.
We are seeing a ntlue c,t-peco�le c:ottiing. from the Rif, Cities, for OUr qualit\ cif lite here. It -
We. chase the tai -tires that are here out because of affordability v. -hat 1.;�ill we have left? -
Most ost of us cannot affard to hu% our ►Yun humcs in totia-'= Market -
We neE`cl to he able
to take care pit our aging; parems an -d gro trig c:hi dren and this is :'hat
the guest houses do for us.
A plan to replace Guest Housing to Secondary housing is a great Idea however, there
should also be consideration to the properties currently eligible for guest houses that wont
be eligible for the Secondary Housing in the new plan due to zoning requirements.
Elimination is not the Resolution to the problem. Possibly consider stricter guidelines to
the current guest house requirements such as requiring larger parcels for guest houses.
We are asking consideration in the general plan to retain or revise the existing Guest
house ordinance rather than eliminating it.
Thank You.
000009