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HomeMy WebLinkAboutPC Agenda 05-19-09CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 19, 2009 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jack Vice Chairperson Moreno Commissioner Bentz Commissioner Colamarino Commissioner Schmidt Commissioner Sturtevant Commissioner Ward APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) PLANNING COMMISSION BUSINESS CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 21, 2009. City of Atascadero Planning Commission Agenda Regular Meeting, May 19, 2009 Page 2 of 4 2. PLN 2099-0313, APPROVAL OF TIME EXTENSION FOR CONDITIONAL USE PERMIT 2004-0137 FOR 9700 EL CAMINO REAL (PATEL) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2009-1329, CONDITIONAL USE PERMIT DRIVE-THRU APPROVAL AT EXISTING NON -CONFORMING RESTAURANT AT 7305 EL CAMINO REAL Property Owner: Adobe Plaza, c/o Nate Nahmias, 16530 Ventura Blvd. #309, Encino, CA 91436-4597 Applicant: CBI Partners, 21243 Ventura Blvd., Woodland Hills, CA 91364 Project Title: PLN 2009-1329, Conditional Use Permit for drive-thru approval at existing non- conforming restaurant Project Location: 7305 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-121-046 Project The proposed project includes an application to establish a drive-through use through Description: the Conditional Use permit process. The site currently contains a drive-through restaurant which is considered a legal non -confirming drive-through due to a lack of CUP approval. The proposed application will bring the site into conformance with current code requirements and allow the drive-through to be permitted for the life of the building. General Plan Designation: GC (General Commercial) Zoning District: CR (Commercial Retail) Proposed Exempt per CEQA Section 15301: Existing facilities and Section 15305: Minor Environmental modification to Land Use limitations. Determination: City of Atascadero Planning Commission Agenda COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, May 19, 2009 Page 3 of 4 The next regular meeting of the Planning Commission is scheduled for June 2, 2009, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, May 19, 2009 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC COMMENT", the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission.