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HomeMy WebLinkAbout PC Minutes 11-21-00CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting November 21, 2000 — 7:00 P.M. CALL TO ORDER Chairman Carden called the meeting to order at 7:00 p.m. Commissioner Norton led the Pledge of Allegiance. ROLL CALL Present: Commissioners Carden, Eddings, Bentz, Kelley, Jeanes, Fonzi and Norton. Absent: None Staff: Principal Planner Warren Frace, Associate Planner Jamie Heltsley, Assistant Planner Phil Dunsmore and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF NOVEMBER 7, 2000. 2. APPROVAL OF THE PLANNING COMMISSION MEETING SCHEDULE FOR 2001. 3. ACCEPTANCE OF FINAL PARCEL MAP FOR LLA 2000-0008 / ATAL 00-102: 3560 — 3620 LA LUZ ROAD / 3705 ARENA ROAD (WILSON LAND SURVEYS / KELLY GEARHART) Staff Recommends: The Planning Commission accepts Final Parcel Map ATAL 00-102. City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 2 of 13 4. TREE REMOVAL PERMIT TRP 2000-0009: 7380 EL CAMINO REAL, TED MILES JEEP (MILES) Request to remove a 40 -inch and 18 -inch Coast Live Oak tree located at 7380 El Camino Real (Ted Miles Jeep dealership). The trees have been determined by the site planner to be conflicting with proposed site improvements. Staff Recommends: The Planning Commission approve the removal of both the 40 -inch and 18 -inch Coast Live Oak trees with on site re planting as mitigation. MOTION: By Commission Eddings and seconded by Commissioner Norton to approve the Consent Calendar as submitted. AYES: Commissioners Eddings, Norton, Kelley, Fonzi, Jeanes, Bentz and Chairman Carden NOES: None ABSTAIN: None Motion passed 7:0 by a roll call vote. PUBLIC HEARINGS 5. CONDITIONAL USE PERMIT 2000-0020: LARGE FAMILY DAYCARE 4160 NOGALES ROAD (DIANA SOMMERS) An application to establish a large family daycare that will handle up to fourteen children at an existing residence located at 4160 Nogales Avenue. A small daycare with approximately six children is operating within the existing residence at this time. No changes or new construction are proposed at the residence in conjunction with the daycare. General Plan Designation: High Density Single Family Residential; Zoning District: Residential Single Family (RSF-X) PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED NEGATIVE DECLARATION 2000-038: The initial Study has determined that the proposed project will not have a significant adverse impact on the environment. A proposed Negative Declaration of environmental impact has therefore been prepared for the project in conformance with the California Environmental Quality Act (CEQA). City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 3 of 13 Staff Recommends: The Planning Commission adopt Resolution No. PC 2000-060, thereby certifying Negative Declaration 2000-038, and approving Conditional Use Permit 2000- 0020, based on findings and subject to conditions. Commissioner Fonzi inquired if she should step down from this item being a long time friend of the applicant. Principal Planner Frace stated that generally it would be deemed a conflict if there was a financial tie. It was up to the Commissioner to determine if they could act objectivity on the item. After a brief discussion it was decided by Commissioner Fonzi that she would be objective and need not excuse herself from this item. Assistant Planner Phil Dunsmore provided the staff report and answered questions of the Commission. Commissioner Eddings asked if graveling the road and parking area was sufficient considering winter conditions and the loss of gravel due to rain, etc., and how the issue of re -graveling year to year would be enforced. Mr. Dunsmore stated that the driveway currently has a four to six inch road base material on it, and that perhaps on an annual or bi-annual basis it would be necessary to add additional gravel. The Commission could apply conditions to the project which could require other materials before approval, or consider asphalt aprons and a gravel driveway. Commissioner Eddings further inquired if lead paint testing was required for pre-schools. Mr. Dunsmore answered that the City does not currently have a standard that requires testing. Commissioner Norton expressed concern regarding cars coming off Nogales Avenue. As the number of vehicle trips in and out of the pre-school increases, and as there are currently ruts in the driveway, she felt an apron might be a remedy as it would get the cars off the main thruway of Nogales without impeding traffic. Commissioner Kelley asked what was the square footage of the existing house and if there were laws dictating the number of square feet required per child. Mr. Dunsmore indicated that the house was approximately 1000 to 1100 square feet. The applicant has stated that there will not be more than 12 children at the residence; the city does not currently have any space requirements per child. Chairman Carden stated that the State allows up to eight children in a daycare facility without the City having any input. The City requires a use permit when the number of children in the facility exceeds eight. It is presumed that the State licensing would cover square footage required and checks for lead paint, etc. Mr. Dunsmore indicated that this was correct. City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 4 of 13 PUBLIC COMMENT Karen Bose, 4160 Nogales, Atascadero, daughter of the applicant and co-worker, stated that they have gone through State licensing for their expansion. A state inspector has been to the facility and both the inside and outside has been inspected for safety hazards and appropriate space requirements. The Fire Department has made an inspection and given its approval. Frank Sommers, 4160 Nogales, Atascadero, husband of the applicant, addressed the issue of the driveway. Currently there are four to six inches of class 2 base. This needs to be dressed with a tractor and rolled again, which he is willing to do prior to approval. The driveway has existed in its current location since at least 1974, and they have never had any serious erosion on the driveway or any problem with mud tracking on the driveway. Gravel on a hillside tends to create problems and he is planning on A.C. in the future. He is willing to bring in additional base prior to opening which he feels will eliminate any potential problems and he will maintain that base in an appropriate manner until such time as he is able to pave it. Commissioner Kelley asked for clarification on the number of children to be accommodated in the daycare facility. Ms. Bose explained that though they are allowed to have eight it is a state requirement that two must be infants, and two school age. Because they intend to have four infants, they must have the large family license. They will be catering to infants and toddlers rather than school age children. Commissioner Norton inquired as to the size of the circular driveway. Mr. Sommers indicated that it was roughly 12 feet wide and opens to 15 feet where it approaches Nogales. Commissioner Norton asked where family and staff vehicles would be parked during the hours of operation. Mr. Sommers stated three family vehicles leave the premises at approximately 6:15 a.m. and do not return until the daycare center closes. This would leave two vehicles on site during the day. Once the landscaping is completed these vehicles along with space for a third will be parked in the lower area away from the turnaround. The half -circle area will be clear during the day for pickup and drop off of children. Commissioner Norton questioned the applicant as to his willingness to pave the driveway within the first twelve months. Mr. Sommers stated that he would like to limit his paving to the aprons and perhaps the circular drive. Commissioner Fonzi asked about the base that the applicant would be using on the driveway. Mr. Sommers replied that the existing base is class 2 and should hold up well depending on traffic and driving habits. Commissioner Jeanes asked what material the swimming pool fence was made of. Mr. Sommers stated that the fence between the play area and the pool meets the current state building code standards; 1/2 inch tubular steel welded in panels with no more than four City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 5 of 13 inches of spacing between the fence rails, 60 inches tall with a two inch clearance underneath. The gate is self-closing and self -latching and opens to the outside. There is a padlock on the opening. Chairman Carden closed the public comment session. MOTION: By Commissioner Jeanes and seconded by Chairman Carden to adopt Resolution No. PC 2000-060, thereby certifying Negative Declaration 2000-038, and approving Conditional Use Permit 2000-0020, based on findings and subject to conditions. Commissioner Bentz requested discussion prior to the Commission vote. Commissioner Bentz referred to the applicant's willingness to pave the apron areas. He stated that he supports the idea of requiring the minimum commitment of asphalting the driveways and would request that the Motion be amended to include that. Chairman Carden asked staff for a reading on conditions requiring action a year from implementation. Mr. Frace stated that conditions, which require construction at a later period, are difficult for the City to monitor and enforce especially once the use is in operation. Generally it is best to require all the conditions upfront and ensure that all conditions are fulfilled before the applicant begins the actual operation of the facility. Chairman Carden stated that he would agree to an amendment to add asphalting the aprons. Commissioner Fonzi indicated that she would be in agreement with that but not under the condition that it would have to be done before they start their operation because it is not necessary for the functioning of the operation, in which case the State would have mandated it. Chairman Carden stated that given the recommendation of staff he would be unwilling to amend the Motion delaying it by a year and asked for a roll call on the original motion. AYES: Commissioners Jeanes, Eddings, Fonzi, Kelley and Chairman Carden NOES: Commissioners Bentz and Norton ABSTAIN: None Motion passed 5:2 by a roll call vote. City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 6 of 13 6. CONDITIONAL USE PERMIT 2000-0004: AVONLEA CARE FACILITY, 10630 W. FRONT ROAD (CARL JORGENSON/TODD SWENSON) An application for the construction of a 6,480 square foot, 15 -bed residential care facility. The facility will provide 24-hour a day assisted living services to elder persons. The project will be served by an on-site sewage disposal system and will have water service provided by Atascadero Mutual Water Company. The project description states that the residents will not have private vehicles on-site, therefore the project will provide parking spaces for employees and visitor's only. The project will be accessed from a private drive off of West Front Road. The facility has been designed with a residential character compatible with the neighboring residential uses and the rural atmosphere of the surrounding district. General Plan Designation: Suburban Single Family; Zoning District: Residential Suburban. PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED MITIGATED NEGATIVE DECLARATION 2000-037: The Initial study has determined that the proposed project will not have a significant adverse impact on the environment when developed according to mitigation measures. A proposed Mitigated Negative Declaration of environmental impact has therefore been prepared for the project in conformance with the California Environmental Quality Act (CEQA). The Proposed Mitigated Negative Declaration is available for public review through November 21, 2000 at 6500 Palma Avenue, Community Development Department, Room 104-A, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff Recommends: Adopt Planning Commission Resolution 2000-059 certifying the proposed Mitigated Negative Declaration 2000-037 and approving Conditional Use Permit 2000-004, a request by Avonlea Cottage to construct a 6,480 square foot, 15 -bed, residential care facility. Associate Planner Jamie Heltsley provided the staff report and answered questions of the Commission. Commissioner Fonzi asked for clarification of the difference between an assisted care facility and a nursing home. Ms. Heltsley replied that the assisted care facility would provide meal service to the residents, however, no medical services will be provided, as is the case in a nursing home. Commissioner Fonzi questioned the relationship between the number of beds, the number of bedrooms and the number of residents in the facility. Ms. Heltsley explained that according to the floor plan there are 14 bedrooms provided, 13 with single beds and one with two beds for a maximum accommodation of 15 residents. City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 7 of 13 Commissioner Norton inquired as to the width of the access street. Ms. Heltsley stated that the easement was 30 feet and the common access drive will be 16 feet paved. Commissioner Norton asked about the proximity of the nearest public transportation. Ms. Heltsley responded that to her knowledge there are no public transportation stops, however Dial -A -Ride is available for residents who require transportation. Commissioner Bentz asked if this project requires a State permit. Ms. Heltsley stated that a permit is required for the operation of a residential care facility. It is her understanding that the applicant is in the process of obtaining that permit and that the Planning Department will require the applicant to be in possession of that permit upon approval of the business license. Commissioner Bentz stated that he did not see that condition in the report and Ms. Heltsley indicated that it could be added. Commissioner Kelley asked for an explanation regarding the 120 -foot setback from the freeway. Ms. Heltsley explained that the 120 -foot setback is a condition of approval on the tentative parcel map last year. This facility is located in an area identified as a sensitive noise area in that the decibel level is at 65. Once a site is at the 60 -decibel level mitigation measures are required. Commissioner Kelley inquired as to how other homes have been build up against the freeway. Ms. Heltsley stated that those might have been original lots, not falling under the environmental review requirements of a new subdivision. Commissioner Kelley asked about the trees planted along the freeway. He is concerned about the height those trees could reach and how that would impact the view. Ms. Heltsley stated that tulip trees were provided on the applicant's landscape plan, but the staff has revised the plan to call for screen trees and will work with the applicant during the building permit process to review the species at that point. Ms. Heltsley added that the plan could be modified to call for hedge -type features as opposed to full-grown trees. Commissioner Norton referred to #16 and the relocation of utilities and inquired if there would be underground facilities. Ms. Heltsley indicated that there would be. PUBLIC COMMENT Richard Nichols, representative of Avonlea, addressed the Commission. In response to the questions asked he gave the following answers: 1. They will be licensed by the State of California through the Department of Social Services. 2. Avonlea cannot conclude licensure with the State until the building is complete. The applicant will not incur the economic risk of building the facility unless they feel they can get the license. City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 8 of 13 3. Assisted living facilities have two definitions: 15 beds or less which is considered "small" by the State and 16 beds or more which the State considers "large." Each has its own licensure requirements. The applicant has built in excess of 100 homes such as these in other states and feels that the smaller approach is more appealing to the residents. The profile of residents in this facility is typically an 85 to 105 year old female with some functional impairment. These residents generally do not leave the facility much and are taken by staff or family members when they desire to go somewhere. 4. The facility is a social model as opposed to a health model. The State has requirements as to the type of health care services this facility can offer and they are very limited. If there is a need for a higher level of health care, either Home Health is called in or the resident must be transferred to another facility until their condition improves and they can return. Residents are assisted in activities of daily living such as bathing, eating, dressing, etc. Commissioner Kelley inquired if there will be Alzheimer patients at the facility. Mr. Nichols indicated that the State has strict rules on who can be housed at the facility. If a resident with dementia or Alzheimer's has progressed to the point that he or she is wandering, they will be moved to another facility. The State will come in unannounced on a regular basis to review the status of the residents. If the facility is found in violation of any regulation, they could loose their license. Commissioner Kelley expressed concern with the safety of patients who might wander given the proximity of the freeway to the facility. Mr. Nichols stated that there is an alarm system on the door and staff would act appropriately if someone activates the alarm. Commissioner Norton reaffirmed that transportation would be provided for residents of the facility. Mr. Nichols indicated that it would be, and that generally the family is involved as well as the facility in providing transportation. Mr. Nichols expressed concern regarding the exterior lap siding and asked if they could have additional options to the siding. They would like to see something that would require less maintenance such as stucco. Mr. Frace stated that staff recommended lap siding to promote a residential character for the building. Everything submitted to staff to this point has shown the building with lap siding. Staff is in favor of the siding because it has a residential character and will blend well with the surrounding homes. Mr. Nichols expressed additional concerns regarding traffic counts and parking. He indicated that in their experience for a 15 -bed facility there are between nine and 11 cars per 24 hour period. To maintain the residential appearance they would like to see less than 14 spaces required for parking. Generally that many spaces would only be utilized for special occasions such as Thanksgiving, etc., however, usually the residents leave the facility at those times to be with their families. For the most part they feel they only need City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 9 of 13 7 or 8 stalls, which, with the circular driveway would give them space for about 10 cars. There is additional space available if more parking is needed in the future. Usually there are no emergency vehicles utilizing the driveway. As to views from the facility, Mr. Nichols stated that the residents are somewhat immobile and do enjoy the views where ever available. Dave Gerabay, 10610 West Front Road, has several concerns regarding the facility. 1. His view is of the mountains to the south and the building and parking area are in direct view from his home. His concern is with the building being so close to the cul- de-sac and the 120 -foot setback requirement. He noticed that many homes are being built right next to the freeway and would hope it is possible to adjust the building so that it could be further back from the road. 2. The parking lot is too large in his view and not in keeping with the residential feel of the neighborhood. 3. He agrees with the applicant that lap siding is not in character with the other homes in the neighborhood, which are for the most part stucco. 4. As to transportation, he is concerned that Dial -A -Ride will be going up and down the road all day long. 5. He feels it is important for the staff to be CPR trained. 6. The proximity to the freeway concerns him with the possibility that residents may wander. Chairman Carden closed the Public Comment session. Commissioner Kelley inquired if there is any leeway on the 120 -foot setback requirement. Ms. Heltsley indicated that it is a condition approved for the subdivision, and cannot be changed at this time. In order to change that condition, the environmental document would have to be redone and there would need to be an alternative mitigation measure which would include the construction of a sound barrier or wall along that frontage. It was staff's decision that this would not be a preferable alternative for the site. Commissioner Bentz asked if there was any difference between the elevation of the proposed facility and Mr. Gerabay's home. Ms. Heltsley stated that there is a five-foot elevation change between the two sites. Chairman Carden asked the applicant to address the issue of CPR requirements. Mr. Nichols stated that his staff would be trained in CPR and also in first aid. He further stated that they would be willing to move the parking lot and house further back if the Commission feels it is necessary. City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 10 of 13 Commissioner Kelley asked about parking requirements. Ms. Heltsley stated that typically the requirements are one parking space per bed and an additional number for staff. Because the residents will not be driving, that parking requirement does not necessarily apply to this project. The main objective to requiring the additional on site parking is to answer concerns from neighbors regarding the impact of the facility and their need to maneuver around vehicles that are parked off-site. Commissioner Jeanes asked what the difference would be to staff regarding the use of stucco versus lap siding. Ms. Heltsley indicated that staff is willing to work with the applicant on a variety of materials. Because the building is over 6000 square feet, a single stucco exterior would be bleak in appearance. Commissioner Eddings reaffirmed that the number of parking spaces as indicated is not required and asked about moving the parking lot to the back. Ms. Heltsley is concerned with the issue of the leach fields that are to be laid in the rear of the facility and cannot go under a parking area. Commissioner Kelley asked if the perk is located behind the building and what is the perk rate of the other two houses in the area. Ms. Heltsley stated that the perk is behind the building and the rate on the other two houses was similar to this, but out of the three lots tested, this lot has the highest perk rate. However if there were other perk tests done on the two and a half acres and another area was sited with an acceptable perk rate, the parking lot could be placed to the rear of the building. Commissioner Kelley asked the applicant if they would be amenable to placing the parking behind the building if they obtained perk tests that were acceptable to the sewer system design, and would they be willing to use other materials on the exterior on the buildings. Mr. Nichols gave an affirmative response to both questions. Chairman Carden would like to keep the impact of parking to a minimum in both size and appearance to keep to the residential appearance of the facility. He would like to see the parking placed at the back of the facility and additionally to utilize a hedge along the 101 corridor to open the view. He also likes the idea of the modified exterior materials. Commissioner Eddings asked if the sound wall would allow the building to be moved closer to the freeway. Ms. Heltsley stated that it typically would. MOTION: By Commissioner Kelley and seconded by Chairman Carden to adopt Planning Commission Resolution 2000-059 certifying the proposed Mitigated Negative Declaration 2000-037 and approving Conditional Use Permit 2000-0004, a request by Avonlea Cottage to construct a 6,480 square foot, 15 -bed, residential care facility with the following additions: • The applicant shall work with staff to relocate the parking area and reduce the number of parking spaces to ten. (Exhibit F and F 1) City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 11 of 13 • The landscape plan shall be revised to show a hedge feature along the Highway 101 property frontage. (Exhibit F and F 1) • The applicant shall work with staff to modify the color and materials of the exterior of the house to include a combination of materials, including stucco, lap -siding and brick. (Exhibit D and E) • The Atascadero Mutual Water Company Conditions shall be included as Conditions 22-25. (Exhibit A) Commissioner Bentz requested the addition of Condition 26 to read: Prior to the issuance of the Certificate of Occupancy, proof of licensing shall be current for the life of the residential care facility. Ms. Heltsley expressed concern that they may need to have the final before they get their license from the State. So the wording should read: Prior to the issuance of the Certificate of Occupancy the applicant shall provide proof that they have met the State requirements for licensing for the facility. Commissioner Bentz would further add: That requirement shall exist for the term of the actual use. Chairman Carden felt that at that point they would be treading on State law and the City is not in a position to do that. Ms. Heltsley stated that it is her understanding that the State will monitor the facility once they have received their permit from the State. Commissioner Bentz is worried that the City would allow continued use without proper licensing. Ms. Heltsley feels that the State would shut the facility down if during regular monitoring if it was found that they were not in compliance with requirements. If the use terminates and another use comes in, the City would review it again for compliance with the State requirements. Commissioner Bentz indicated that this would satisfy his concerns and he therefore drops his request for Condition 26. Commissioner Norton asked for clarification that the applicant would be working with the City for the materials on the exterior of the building. The applicant indicated that he would. Commissioner Fonzi asked for clarification of the motion from Commissioner Kelley. Is he requesting the applicant work with the Planning Department to determine the number of parking spaces? City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 12 of 13 Commissioner Kelley stated that he would like to see the number of spaces reduced if possible. Commissioner Fonzi feels that there is a big disparity between the 7 spaces preferred by the applicant and the 14 which staff has proposed. She would like to see the number pinned down. Chairman Carden called for a five-minute break so that the staff and applicant could discuss the issue. Chairman Carden reconvened the meeting and called for any other Commissioner questions. Chairman Carden agreed to second the motion if 10 parking spaces were agreed to. Commissioner Kelley stated that this would be acceptable to his motion. AYES: Commissioners Kelley, Norton, Jeanes, Fonzi, Eddings, Bentz and Chairman Carden. NOES: None ABSTAIN: None Motion passed 7:0 by a roll call vote. 7. ITEM TO BE CONTINUED PROJECT DESCRIPTION: AMENDMENT OF CONDITIONAL USE PERMIT 99011: AMENDMENT OF MASTER PLAN OF DEVELOPMENT CPK / PD -9 PHASE 1 OF THE HOME DEPOT SHOPPING CENTER. The project consists of amending the Phase 1 portion (east of El Camino Real) of the 8/3/99 Master Plan of Development. The proposed amendment will replace a drive-through fast food restaurant with a retail commercial building, approve architectural elevations of the building and a site landscape plan. Applicant: Westar Associates. Location: 900 block El Camino Real (APN 049-045-002, 003). General Plan CPK, Zoning: CPK / PD -9. COMMUNITY DEVELOPMENT STAFF REPORTS None City of Atascadero Planning Commission Minutes Regular Meeting November 21, 2000 Page 13 of 13 COMMISSIONER COMMENTS & REPORTS Commissioner Kelley requested that in future packets the telephone number of the applicant be included especially on larger projects. Commissioner Eddings expressed remorse on long base road at the previously discussed daycare facility much of which was not maintained by anyone. He feels that a problem could exist with long-term maintenance of the road. ADJOURNMENT Chairman Carden adjourned the meeting at 8:30 p.m. to the next scheduled meeting on Tuesday, December 5, 2000. MEETING RECORDED BY AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Network/Cityhall/Cdvlpmnt/PC Minutes/PC Minutes 00/PC Minutes 11-21-00.gp.doe