HomeMy WebLinkAboutPC_2002-10-15_MinutesCALL TO ORDER
Nov - 5 ?402
C17Y of AT,
CITY OF ATASCADERO
PLANNING COMMISSION
Regular Meeting
October 15, 2002 — 7:00 P.M.
Chairman Bentz called the meeting to order at 7:02 p.m. and Vice Chairman Fonzi led the Pledge
of Allegiance.
PLANNING COMMISSION BUSINESS
A. Administration of Oath of Office
City Clerk Marcia McClure Torgerson will administer the Oath of Office to Planning
Commissioner Member Greg Porter.
City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning
Commissioner Greg Porter. Commission members congratulated Commissioner Porter and he
took his seat on the Commission.
PnT.T. CAT.T.
Present: Commissioners Eddings, Jones, Kelley, O'Malley, Porter, Fonzi and Chairman
Bentz
Absent: None
Staff: Community Development Director Warren Frace, City Engineer Steve Kahn
Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, City
Attorney Roy Hanley and Recording Secretary Grace Pucci.
PUBLIC COMMENT
Jonelle Norton, Executive Director Atascadero Main Street, invited the Planning Commissioners
to the Main Street November mixer on November 12th at Life Steps Foundation. Director
Norton informed the Commission of upcoming Main Street events.
Chairman Bentz closed the Public Comment period.
City of Atascadero Planning Commies -ion Minutes Regular Meeting October 15, 2002
Page 2 of 10
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON OCTOBER 1 2002.
MOTION: By Commissioner Jones and seconded by Commissioner O'Malley to approve the
Consent Calendar.
AYES: Commissioners Jones, O'Malley, Kelley, Porter, Fonzi and Chairman Bentz
NOES: None
ABSTAIN: Commissioner Eddings
Motion passed 6:0 by a roll -call vote.
PUBLIC HEARINGS
2. ZCH 2002-0023 CITY OF ATASCADERO DOWNTOWN ZONING TEXT
AMENDMENT
Applicant:
Cit of Atascadero (applicant)/Atascadero Main Street Organization (sponsor)
Project Title:
Zone Change 2002-0023
Project Location:
City of Atascadero Downtown Commercial District
Project
The proposed project consists of a zoning text amendment of the City's Downtown Zoning
Description:
District ordinance, based upon the request of the Atascadero Main Street Organization. The
proposed zoning text amendment would permit office, business & vocational school, research
& development, health care, and broadcasting service uses on the first floor within the
Downtown Commercial (DC) zoning district. Also, handicapped accessible residential units
would be allowed on the first floor in non -storefront locations. General Plan Designation:
Downtown. Zoning District: Downtown Commercial.
Proposed
CEQA Exemption by Statute Section 15061. The project will have no significant effect on the
Environmental
environment.
Determination
Staff
(1) Planning Commission amend the proposed zone change by conditionally permitting office,
Recommendation
business & vocational school, research & development, health care, and broadcasting service
uses in the Downtown Commercial District with fewer required findings by adopting
Resolution No. PC 2002-0052, recommending that the City Council introduce an ordinance for
first reading to approve Zone Change 2002-0023; or
(2) The Planning Commission support a code amendment permitting office, business &
vocational school, research & development, health care, and broadcasting service uses in the
Downtown Commercial District with a provision to require appearance review approval of
storefront and signage by the Main Street Organization for these uses prior to City issuance of
a business license or buildin ermit from the City.
City of Atascadero Planning Commi,- on Minutes Regular Meeting October 15, 2002
Page 3 of 10
Community Development Director Warren Frace announced that the Atascadero Main Street
organization had requested that this item be continued and agendized at a future date.
MOTION: By Commissioner O'Malley and seconded by Commissioner Kelley to continue
Public Hearing Item #2.
AYES: Commissioners O'Malley, Kelley, Jones, Porter, Eddings, Fonzi and Chairman
Bentz
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
Chairman Bentz announced that Item #6. would be moved to Item #3. to accommodate the City
Attorney.
3. MUNICIPAL CODE TEXT CHANGE: ORDINANCE RESTRICTING OFF
PREMISE AUTO SALES: CITY WIDE
Applicant:
City of Atascadero
Project Title:
Municipal Code Text Change Section 4-3.103
Project Location:
City wide
Project
An amendment to the Municipal Code prohibiting off premise sales of new and used
Description:
cars and trucks.
Proposed
Statutory Exemption 15061(b)(3): General rule exemption applying to projects that
Environmental
can be determined to have no potential impact on the environment.
Determination
Staff
Planning Commission recommend approval to the City Council
Recommendation
City Attorney Roy Hanley discussed the staff report and answered questions of the Commission.
PUBLIC COMMENT — None
MOTION: By Vice Chairman Fonzi and seconded by Commissioner Jones to amend
Municipal Code Text Section 4-3.103, an amendment to the Municipal Code
prohibiting off premise sale of new and used cars and trucks.
AYES: Commissioners Fonzi, Jones, O'Malley, Kelley, Eddings, Porter and Chairman Bentz
NOES: None
City of Atascadero Planning Commi:» on Minutes Regular Meeting October 15, 2002
Page 4 of 10
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
4. CUP 2002-0068 BIG BRAND TIRES COMMERCIAL BUILDING
Applicant:
Majco, Inc./Greg Robinson, 1000 Commercial Avenue, Oxnard, CA 93030
Project Title:
Conditional Use Permit 2002-0068
Project Location:
2055 El Camino Real, Atascadero, San Luis Obispo County
Project
The proposed project is an application for a Condition Use Permit to construct a 14,707
Description:
square -foot new commercial building, parking lot and landscaping on a 1.9 -acre vacant lot
of record. The proposed project will require grading quantities of approximately 2,950
cubic yards of cut and fill. The project will not require the removal native trees. The
building site is gently to moderately sloped and primarily grassland. The project will gain
access from El Camino Real.
The project includes a conceptual master development plan consistent with the commercial
development identified within the previously certified Atascadero Factory Outlet II and
Tentative Tract 2215 Environmental Impact Report (SCH#96011031).
Proposed
PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0037:
Environmental
Based on the findings of the initial study, the Community Development Department
Determination
recommends that the Planning Commission find that no significant harm would come to the
environment from approval of this project. The previously certified Atascadero Factory Outlet
II and Tentative Tract 2215 Environmental Impact Report (SCH#96011031) has been used as
part of the Initial Study to document a finding that the proposed project will not have a
significant effect, per CEQA Section 15154(c). The proposed Mitigated 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 No. PC 2002-0055 certifying proposed mitigated
Recommendation
negative declaration 2002-0037 and approving Conditional Use Permit 2002-0068 subject to
the fmdin s, conditions and exhibits.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission
PUBLIC COMMENT
Michael Sherer, 6755 El Camino Real, applicant's co -representative, stated that he felt this was a
good, quality project that fits in with the character of the neighborhood. He expressed the
following concerns:
1. Condition of Approval No. 18: They would like to keep the dialogue open to the
possibility of a monument sign for the future. They requested the last sentence on
Condition No. 18 be made more lenient and open to future discussion.
2. Condition of Approval No. 19: For security and safety reasons they are requesting that
Condition No. 19 (reciprocal access) be removed.
3. Mitigation Measure No. l l .c.: They have tried to accommodate any noise issues through
the design of the building and by insuring that 95% of vehicle work and all storage is to
City of Atascadero Planning Commib on Minutes
Regular Meeting October 15, 2002
Page 5 of 10
be done inside the building. They would request that Measure No. l l .c. be removed.
Mr. Sherer answered questions of the Commission.
Commissioner O'Malley inquired whether the applicant would be agreeable expanding access in
the back at some future time when the remainder of the site developed. Mr. Shearer stated that
they would not want the issue of future cooperation to be part of the requirements, however if it
is feasible and the design of the adjoining property allows for participation that would be a
possibility. They have no objection to the creation of the reciprocal access along the front of the
proj ect.
Chairman Bentz closed the Public Comment period.
Commissioner Kelley stated that it was his opinion Mitigation Measure No. l l.c., noise analysis,
should be dropped as a requirement on this project. He feels with the 120 -foot distance and the 9
to 10 foot rise the noise would be significantly reduced.
Commissioner O'Malley asked for an explanation on the need for the noise analysis. Mr.
McHarris explained the reasoning for the analysis and suggested if the Commission removed the
requirement for a noise analysis they condition the project to have all work done within the
building. Mr. McHarris indicated that is was his understanding that the Noise Ordinance always
applies and would apply here but that the noise analysis would determine how far the noise
would travel from this site.
A discussion ensued regarding the condition requiring a noise analysis, the issue of signage and
the removal of Condition No. 19.
Chairman Bentz reopened the Public Comment period to permit further discussion with the
applicant's representative regarding rear access to the project.
Michael Sherer and the applicant, Greg Robinson, responded to Commission questions regarding
rear access. Mr. Robinson stated that in their other locations alley access has proven detrimental
to the operation creating problems with theft and safety. An extensive inventory will be kept in
the back of the building and the rear doors are left open during business hours. The applicant
stated his support for providing front access, but reiterated that he was not in favor of creating a
reciprocal access in the rear.
Chairman Bentz closed the Public Comment period.
Chairman Bentz requested separate votes on the issues raised by the applicant.
MOTION: By Commissioner O'Malley and seconded by Commissioner Eddings to approve
Condition of Approval No. 18 as stated.
AYES: Commissioners O'Malley, Eddings, Porter, Jones, Kelley and Chairman Bentz
NOES: Vice Chairman Fonzi
City of Atascadero Planning Commies.. on Minutes Regular Meeting October 15, 2002
Page 6 of 10
ABSTAIN: None
Motion passed 6:1 by a roll -call vote.
MOTION: By Commissioner Jones and seconded by Vice Chairman Fonzi to maintain
Condition of Approval No. 19 as read and as depicted on the original Master Plan
of Development.
AYES: Commissioners Jones, Fonzi, and O'Malley
NOES: Commissioners Kelley, Eddings, Porter and Chairman Bentz
ABSTAIN: None
Motion failed 4:3 by a roll -call vote.
MOTION: By Chairman Bentz and seconded by Commissioner Kelley to amend Conditions
of Approval Nos. 19 and 15.g. to provide reciprocal access in the front only.
AYES: Commissioners Kelley, O'Malley, Porter, Eddings and Chairman Bentz
NOES: Commissioners Jones and Fonzi
ABSTAIN: None
Motion passed 5:2 by a roll -call vote.
MOTION: By Commissioner. Jones and seconded by Commissioner Kelley to amend
Mitigation Measure No. l Lc to remove the requirement for a noise analysis and
to require all repair work to be done indoors with any noise emitted to be
regulated by the Noise Ordinance.
AYES: Commissioners Jones, Kelley, Eddings, O'Malley, Porter, Fonzi and Chairman
Bentz
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
MOTION: By Commissioner Eddings and seconded by Commissioner Jones to adopt
Planning Commission Resolution No. PC 2002-0055 certifying proposed
mitigated negative declaration 2002-0037 and approving Conditional Use Permit
2002-0068 subject to the findings, conditions and exhibits with the prior approved
J
City of Atascadero Planning Commr,..on Minutes Regular Meeting October 15, 2002
Page 7 of 10
conditions.
AYES: Commissioners Eddings, Jones, Porter, O'Malley, Kelley, Fonzi and Chairman
Bentz
NOES: None
ABSTAIN: None
Motion passed 7:0 by a roll -call vote.
Chairman Bentz recessed the hearing at 8:40 p.m.
Chairman Bentz called the meeting back to order at 8:50 p.m.
5. TENTATIVE PARCEL MAP 2002-0029; 3650 TRAFFIC WAY
Applicant:
Henry J. Skibo, 3650 Traffic Way, Atascadero, CA 93422
Project Title:
Tentative Parcel Map 2002-0029
Project Location:
3650 Traffic Way, Atascadero, San Luis Obispo County
Project
A proposed subdivision of an existing 2.01 acre lot into two parcels of 1.00 acres and
Description:
1.01 acres each.
Proposed
PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0036:
Environmental
The proposed Mitigated Negative Declaration is available for public review at 6500
Determination
Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to
5:00 .m., Monday through Friday.
staff
Adoption of Planning Commission Resolution 2002-0054, certifying the proposed
Recommendation
Mitigated Negative Declaration 2002-0036 and approving Tentative Parcel Map 2002-
0029, a request to subdivide one lots totaling 2.01 acres into two parcels; 1.00 acres,
1.01 acres each, based on findings and subject to conditions.
Associate Planner Glenn Rider provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Henry Skibo, 3650 Traffic Way, applicant, briefly reviewed the project and indicated that this
property is now zoned for 1 acre under the new General Plan.
Chairman Bentz closed the Public Comment period.
MOTION: By Commissioner Kelley and seconded by Commissioner Jones to adopt Planning
Commission Resolution 2002-0054, certifying the proposed Mitigated Negative
Declaration 2002-0036 and approving Tentative Parcel Map 2002-0029, a request
to subdivide one lot totaling 2.01 acres into two parcels; 1.00 acres, 1.01 acres
each, based on findings and subject to conditions.
It
City of Atascadero Planning Commis. on Minutes Regular Meeting October 15, 2002
Page 8 of 10
AYES: Commissioners Kelley, Jones, Porter, O'Malley, Eddings, Fonzi and Chairman
Bentz
NOES: None
ABSTAIN: None
Motion passed 7: 0 by a roll -call vote.
6. CONDITIONAL USE PERMIT 2002-0071; ATASCADERO CALVARY CHAPEL,
MODULAR CLASSROOM ADDITION; 6955 PORTOLA
Applicant:
Atascadero Calvary Chapel, 6955 Portola, Atascadero, CA 93422
Project Title:
Conditional Use Permit 2002-0071
Project Location:
6955 Portola, Atascadero, San Luis Obispo County, APN 054-083-004
Project
Amendment to Conditional Use Permit #82-0331 to change the Master Site Plan
Description:
allowing the addition of one 1440± square -foot modular building.
Proposed
Categorical Exemption Class 3.c. CEQA section 15303; New construction or
Environmental
conversion of small structures. The project is available for public review at 6500
Determination
Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to
5:00 p.m., Monday through Friday.
Staff
Adoption of Planning Commission Resolution 2002-0061 approving Conditional Use
Recommendation
Permit 2002-0071, a request to amend the Master Site Plan to allow the addition of one
1440± square foot modular building on the site subject to findings and conditions.
Commissioner O'Malley stepped down from consideration of this item as he lives within 500
feet of the project site.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Ditas Esperanza, engineer and applicant's representative, stated that she concurred with the
conditions of approval.
Curtis Clark, 6906 Portola, indicated that he has lived for 12 years as the closest neighbor to the
Chapel. During that period the property in question has had several tenants, but he feels Calvary
Chapel has done the most to improve the property and benefit the neighborhood and he supports
their request.
Tom O'Malley, 6650 Portola Road, stated he agreed with Mr. Clark and that the neighborhood
has been improved and is visually better since Calvary Chapel has been a tenant there. Mr.
O'Malley referred to a letter written to the Commission by the Carp family and indicated that he
has spoken to the Carps and assured them that the school will not be in use on an ongoing basis.
City of Atascadero Planning Commi..,on Minutes Regular Meeting October 15, 2002
Page 9 of 10
Scott Thompson, 5455 Bajada, expressed his support for this project and felt that the activities
provided by the Chapel help young people in the area.
Chairman Bentz closed the Public Comment period.
MOTION: By Commissioner Jones and seconded by Commissioner Kelley to adopt Planning
Commission Resolution 2002-0061 approving Conditional Use Permit 2002-
0071, a request to amend the Master Site Plan to allow the addition of one 1440±
square foot modular building on the site subject to findings and conditions.
AYES: Commissioner Jones, Kelley, Porter, Eddings, Fonzi and Chairman Bentz
NOES: None
ABSTAIN: None
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
COMMISSIONER COMMENTS & REPORTS
Commissioner Eddings asked about the new state law affecting guesthouses. Director Frace
referred to AB 1866 and indicated that this will preempt the city from requiring Conditional Use
Permits on second units where allowed; they will be permitted with a building permit by right.
This bill will not affect guesthouses.
Vice Chairman Fonzi referred to the downtown zoning text change amendment. She requested a
copy of the original request for zoning and any Main Street resolutions regarding the requested
change as well as the pros and cons of addressing it as a conditional use permit before the
Planning Commission or having it go to an appearance review before the Main Street
Committee. Director Frace referred to Attachment 2, page 21 and indicated this was the text
originally recommended by Main Street to the Redevelopment Board; the Redevelopment
Agency then sponsored this application to go through the zone change process. The hearing
tonight was intended to utilize the Commission as a sounding board for the various ideas and
then to recommend an option to the City Council.
Commissioner O'Malley stated that he had met with the Main Street Board earlier in the day and
they had requested the continuance because they needed more time to review the proposed
change with their committees.
City of Atascadero Planning Commit won Minutes
ADJOURNMENT
Regular Meeting October 15, 2002
Page 10 of 10
Chairman Bentz adjourned the meeting at 9:20 p.m. to the next regularly scheduled meeting on
November 5, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
Cdvlpmnt/PC Minutes 10-15-02.gp.doc