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HomeMy WebLinkAbout PC Minutes 10-03-00CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting October 3, 2000 — 7:00 P.M. CALL TO ORDER Chairman Carden called the meeting to order at 7:03 p.m. Commissioner Kelley led the Pledge of Allegiance. ROLL CALL Present: Commissioners Carden, Eddings, Bentz, Fonzi, Kelley and Norton. Absent: Commissioner Jeanes Staff: Community & Economic Development Director Paul Saldana, Principal Planner Warren Frace, Assistant Planner Phil Dunsmore, and Recording Secretary Grace Pucci. PUBLIC COMMENT Terry Graham, Graves Creek, Atascadero, discussed the CEQA statue and guidelines which he had presented at the Planning Commission meeting of September 5, 2000. Additionally, he handed out a copy of the Agenda for a Project Review Team Meeting dated September 12, 2000 (Attachment A), and inquired if the Commission had seen the proposals listed on the Agenda. Mr. Graham stated that the Planning Commission, not the city planning staff should be making recommendations to the City of Atascadero. Mr. Graham stated that the CEQA statute requires that before a determination is made on any issue all of the background information on that issue must be seen by the agency making the determination and that statute 15025 specifically states that the "lead agency legislative body cannot delegate their authority." He further indicated that the statute provides for "individual liability in decision making." Mr. Graham requested that the Commission make a formal protest to the City stating that they have been left out of the planning process for development. Chairman Carden asked Director Saldana to clarify the term "lead agency." Mr. Saldana responded that the City of Atascadero is the lead agency, and the Planning Commission is the deciding entity on some projects (i.e. conditional use permits) and for CEQA issues. City of Atascadero Planning Commission Minutes Regular Meeting October 3, 2000 Page 2 of 7 Commissioner Norton asked for an explanation of the September 12, Project Review Meeting Agenda that Mr. Graham had referred to in his comments. Mr. Saldana indicated that the meeting was used for staff's internal project review, which results in the development of the staff report and conditions for specific projects. Additionally, not all projects listed for discussion in the Project Review Meeting will come before the Commission. Commissioner Bentz stated that this was simply city staff gathering the facts so that they can present items and made appropriate administrative decisions. CONSENT CALENDAR 1. Acceptance of a Final Parcel Map for LLA 2000-0011/ATAL 00-133,11805 El Camino Real (Edward Young/Doug Sholders) Staff recommends: The Planning Commission accepts Final Parcel Map ATAL 00-133. MOTION: By Commissioner Bentz and seconded by Commissioner Eddings to approve the Consent Calendar. AYES: Commissioner Bentz, Eddings, Kelley, Fonzi, Norton and Chairman Carden. NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 1. Conditional Use Permit 2000-0016: Large Family Daycare in RS Zoning District, 4840 Obispo Road (Debbie French) The project consists of a request to establish a daycare facility at an existing residence which will handle up to fourteen children. The project site is located at 4840 Obispo Road (APN 049-102-052) with a General Plan Land Use of SSF (Single Family Suburban) and a Zoning District of RS (Residential Suburban). Proposed Environmental Determination: Certification of Negative Declaration 2000-030 thereby finding that no significant environmental damage would result from the project. City of Atascadero Planning Commission Minutes Regular Meeting October 3, 2000 Page 3 of 7 Staff Recommends: Planning Commission adopt Resolution No. PC 2000-051, thereby certifying Negative Declaration 2000-030, and approving conditional Use Permit 2000-0016, based on findings and subject to conditions. Assistant Planner Phil Dunsmore provided the staff report and answered questions of the Commission. Commissioner Kelley asked for clarification on the staff report regarding the issue of hours of operation for the daycare facility. The background report stated hours of operation from 7:00 a.m. to 5:30 p.m. while the Conditions of Approval state the hours from 7:00 a.m. to 7:00 p.m. Mr. Dunsmore stated that the expanded hours give more flexibility to the applicant. Commissioner Kelley inquired if the neighbors had been notified about the project. Mr. Dunsmore stated that the neighbors were notified about the application for a day care facility, but specific details were not given in the notification. Commissioner Eddings asked if this stretch of Obispo Street is a city maintained street, and if the base portion when leaving the pavement is an easement owned by the applicant. If not, is there a joint use agreement with the adjacent property owners and if so is there a maintenance agreement. Mr. Dunsmore indicated that while unsure if it is a city maintained street, it is a paved street and up to city standards. As to the easement, Mr. Dunsmore deferred to the applicant for the answer. Commissioner Eddings also asked whether the Fire Department had any issues with wintertime access to the facility given the composition of driveway. Mr. Dunsmore stated that neither the Fire nor Police Department had any problems with the proposed location or the driveway. Commissioner Norton asked how car traffic will affect the road in this section and whether there was a way to control speed due to the proximity of children. Mr. Dunsmore stated that this was private property and the applicant would control the speed regulations on that part of the driveway and would be responsible for any speed signs posted. Additionally, any parts of the driveway not paved could be conditioned to be covered with an alternate material. Commissioner Norton further stated that she had been to the site on two occasions and she did not feel that the noise issue was a problem, however, she is interested to hear the input of neighbors on the issue of noise. Commissioner Bentz asked what the ages of the children utilizing the day care facility would be. Mr. Dunsmore responded that it is his understanding that the ages would be K- 6, but that the applicant could better answer the question. Commissioner Fonzi inquired if after school daycare will be provided. Mr. Dunsmore deferred to the applicant for answer to that question. City of Atascadero Planning Commission Minutes Regular Meeting October 3, 2000 Page 4 of 7 PUBLIC COMMENT Debbie French, applicant for the daycare facility stated that she had put the decomposed granite down on the roadway in answer to concerns expressed by the staff. Commissioner Kelley inquired as to the hours of operation and to the level of traffic expected on the driveway. Ms. French stated the hours of operation would be 7:00 a.m. to 5:30 p.m. However, children are picked up at all hours during the day so that there is not one specific time of increased traffic on the driveway. Commissioner Fonzi asked if school age children would be utilizing the facility and walking down the driveway to the facility after school. Ms. French stated that they have asked the parents to provide transportation to and from the facility. Commissioner Eddings expressed his concern over the Fire Department requirements on the base road. Ms. French stated that the Fire Department had come to inspect the road and signed off on it. Commissioner Norton asked who was the owner of the easement going back to the daycare site. Brandon Wood stated that it is a common easement shared by three families. Commissioner Bentz asked what the ages of the children in the facility would be. Ms. French stated that the license is from infant (0 to 1 year old) to school age (up to 6th grade). At this point there are no infants and there are no plans to accommodate them in the future. Commissioner Bentz asked if there is pedestrian traffic that walks the easement area. Ms. French stated that there is not. Commissioner Norton was impressed by the containment of the play area and the orderly layout of the facility. Commissioner Eddings asked how far up the access road would the owner have the right to place some sort of caution sign for traffic. Ms. French indicated that all parents have been asked to drive slowly in consideration for the safety of the children and neighbors. Further she stated that they are willing to place signs along the roadway. Dan Higanbotham, 4820 Obispo Road, resident at the neighboring property, had three concerns: 1) road maintenance, 2) number of vehicles, and 3) speed. Because it is a narrow road, when two or more vehicles approach one must pull off to allow passage placing them in the soft shoulder area where damage can occur to water lines, erosion, etc. He is not opposed to the use but would like to see a plan for the easement. It is Mr. Higanbotham's understanding that there is an estimate of 28 trips per day, but he feels there will be more. He does not feel that there is a problem with noise at this time. Vehicle speed can be a problem and he encourages the addition of caution signs on the easement. Additionally he would like to see decomposed granite on the dirt area of the road to cut down on dust. City of Atascadero Planning Commission Minutes Regular Meeting October 3, 2000 Page 5 of 7 Chairman Carden closed the public comment session. Commissioner Fonzi asked if decomposed granite is a suitable material for the road given the dust factor and wet weather concerns. Mr. Dunsmore stated that decomposed granite though questionable can be compacted down and when wet, it becomes almost like concrete though it can become slick and muddy. Commissioner Bentz inquired about flooding when it rains. Mr. Dunsmore answered that there do not appear to be any obvious areas of flooding. The driveway area is higher than surrounding property areas and there have been no drainage problems that staff are aware of. Commissioner Kelley on the issue of fire trucks and access to the property asked if the business license is one that would need to be renewed yearly and if so can a stipulation for fire department inspection be placed on the renewal. Mr. Dunsmore stated that the license renewal is required each year, however renewals are not required to come back to the Community Development Department so it is not possible to regulate them. Commissioner Bentz stated that business license renewal is not a regulatory section of the code but rather a revenue raising measure of the code and therefore has very little regulatory powers. Commissioner Eddings indicated that in some cities this type of road would not be allowed. Commissioner Kelley asked the applicant if the three parties who use the road have met to discuss a road maintenance agreement. Ms. French stated that they have not but are willing to. Commissioner Fonzi asked the applicant if she believes that the driveway is for her use alone due to her placement of decomposed granite to the site property line (Condition 7). Ms. French stated that the decomposed granite was installed to the property line because it was her responsibility, but she is open to doing more if need be. Commissioner Bentz inquired if the applicant plans to post speed signs on her property. Ms. French stated that she is willing to post the signs. Commissioner Norton questioned the easement for the middle property and if the applicant had permission to put decomposed granite on that easement. Principal Planner Frace stated that as it was a common easement there is a common responsibility for the maintenance of it. Commissioner Bentz asked whether Condition 7 was on the total driveway. Mr. Frace indicated that it was. MOTION: By Commissioner Kelley and seconded by Commissioner Norton that the Planning Commission adopt Resolution No. PC 2000-051, thereby City of Atascadero Planning Commission Minutes Regular Meeting October 3, 2000 Page 6 of 7 certifying Negative Declaration 2000-030, and approving conditional Use Permit 2000-0016, based on findings and subject to conditions with the addition of the requirement for posting of signs along the driveway and amending Condition 7 to read: The entire driveway shall be surfaced with crushed rock, asphalt, or a similar material to be approved by the Community Development Department which will reduce dust and mud on the driveway, and that a safety sign be installed on the driveway to alert drivers of children. AYES: Commissioner Kelley, Norton, Fonzi, Bentz, Eddings and Chairman Carden NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS Director Saldana directed the Commissioners attention to an exhibit of a Geographical Information System (GIS), which the staff has been working on for the last 18 months. A presentation of the system will be scheduled for an upcoming Planning Commission meeting. Director Saldana, in response to requests by several Commissioners, has included a copy of the procedures and rules for the Planning Commission in their packets. COMMISSIONER COMMENTS & REPORTS Commissioner Kelley asked what the future plans were for meetings for the General Plan Update. Mr. Saldana indicated that they are still working on background information for the issues and options and developing alternative scenarios. They are working on updating the timeline so a date is not scheduled at this time. Commissioner Kelley inquired what the procedure was for zoning changes and ordinances. Mr. Saldana stated that in terms of the General Plan there would be a series of public workshops and meetings. The formal adoption would take place in a series of Planning Commission and City Council public hearings. The zoning ordinance changes would follow immediately behind the General Plan Update. City of Atascadero Planning Commission Minutes Regular Meeting October 3, 2000 Page 7 of 7 ADJOURNMENT Chairman Carden adjourned the meeting at 7:55 p.m. to the next scheduled meeting on Tuesday, October 17, 2000. MEETING RECORDED BY AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary U:City Hall/CDvlpmnt\PC Minutes\PC Minutes 00\PC Minutes October 3 2000.doc