HomeMy WebLinkAboutPC Minutes 02-04-03CITY OF ATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
February 4, 2003 — 7:00 P.M.
CALL TO ORDER
Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Jones led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Jones, Kelley, Porter, Fonzi and Chairperson Bentz
Absent: Commissioner Eddings
Staff: Community Development Director Warren Frace, Planning Services Manager
Steve McHarris, Assistant Planner Kelly Davis and Recording Secretary Grace
Pucci.
PLANNING COMMISSION BUSINESS
1. ELECTION OF NEW CHAIR AND VICE -CHAIR
NOMINATION: By Commissioner Kelley and seconded by Chairperson Bentz of Vice
Chairperson Fonzi to the position of Planning Commission Chairperson.
Nomination passed 5:0 by a voice vote.
NOMINATION: By Chairperson Fonzi
Commissioner Kelley to
Chairperson.
Nomination passed 5:0 by a voice vote.
PUBLIC COMMENT
None
and seconded by Commissioner Jones of
the position of Planning Commission Vice
CONSENT CALENDAR
2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JANUARY 21, 2003.
MOTION: By Commissioner Bentz and seconded by Vice Chairperson Kelley to approve the
Consent Calendar.
AYES: Commissioners Bentz, Kelley, Jones, Porter and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
PUBLIC HEARINGS
3. ZONE CHANGE 2003-0039: SECOND UNIT CODE TEXT AMENDMENT
CONDITIONAL USE PERMIT 2002-0081: SECOND UNIT AT 9115 SAN
GABRIEL ROAD:
Applicant:
Jerry McDaniel, 9115 San Gabriel Road, Atascadero, CA 93422
Project Title:
Zone Change 2003-0039: Zoning Code Text Amendment to allow second dwelling units in
the RSF-Y (Residential Single Family 1 -acre minimum) zoning district subject to
performance standards.
Conditional Use Permit 2002-0081; Application for a second unit at 9115 San Gabriel Road.
Project
Zone Change: Citywide: RSF-Y (Residential Single Family 1 -acre minimum) zoning
Location:
district.
Conditional Use Permit: 9115 San Gabriel Road.
Project
A proposed text amendment to the City Zoning Ordinance to allow second units in the
Description:
RSF-Y (residential single family 1 -acre minimum) zoning district subject to performance
standards and consistent with General Plan HOS Program 3.1.2. The project also includes
an application for one second unit of 800 square feet located at 9115 San Gabriel Road.
The site area is 1 acre and is served by sewer with minimal slope.
General Plan Designation: SFR -Y (Single Family Residential 1 -acre minimum)
Zoning District: RSF-Y (Residential Single Family 1 -acre minimum)
Proposed
The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to
Environmental
applicable standards and impacts have been avoided or mitigated pursuant to that EIR.
Determination:
Adoption of Planning Commission Resolution 2003-0015, recommending that the City
Staff
Council of the City of Atascadero adopt the proposed amendments to the Zoning Ordinance.
Recommendation:
Adoption of Planning Commission Resolution 2003-0016, to approving Conditional Use
Permit 2002-0081 to establish a residential second unit at 9115 San Gabriel Road in the RSF-
Y zone, based on findings, and subject to conditions or approval and exhibits.
Community Development Director Warren Frace provided the staff report and answered
questions of the Commission.
PUBLIC COMMENT
Jerry McDaniel, 9119 San Gabriel Road, applicant, raised two issues of concern: 1) Condition of
Approval #4 under the CUP, he is requesting removal of the size restriction for the covered
porch while adding verbiage to the effect that the porch would not be enclosed for any purpose,
and 2) Condition of Approval #13 under the CUP, he would request removal of the landscaping
portion to be replaced with the installation of a six-foot vinyl fence. Responding to a question
by Commissioner Kelley, Mr. McDaniel stated he would agree to a deed restriction agreement on
the back patio.
Jeff Jeeter, 9903 West Front Road, stated that he lives on an adjacent lot and has a clear view of
the proposed project. He feels the applicant has continually improved the property and he would
support his request for a second unit.
Chairperson Fonzi closed the Public Comment period.
Chairperson Fonzi indicated the discussion would be in two parts, first consideration of the
Zoning Ordinance and then the Conditional Use Permit.
Commissioner Jones addressed the sewer issue and was supportive of involving staff in assisting
with an approved design or in the event the system or upgrade did not work, to deny the second
unit or the size of a second unit at that time. He feels the housing is needed and would support
deleting the sewer hookup requirement and try to work within the septic.
Commissioner Kelley felt it should be a two-part requirement, in that if it were to be septic it
would have to meet the standards set by the City Engineer and if those standards were not met,
then it would have to go to sewer.
There was discussion regarding increasing the allowable size of second units to provide for better
housing options, especially for families. Commissioner Kelley indicated that he would like to
see the size go to 950 square feet.
Director Frace explained to the Commission that the General Plan was very specific regarding
the 800 square foot size restriction and the only way to approve a change would be to go through
a General Plan Amendment.
Commissioner Kelley suggested presenting the increased square footage issue to the City
Council for further consideration. Additionally, he recommended changing the parking
requirement to a minimum of one enclosed garage with a minimum size of 12' by 20' or a one -
car garage.
Commissioner Bentz indicated that he would like to see an option for either a covered space or
enclosed one -car garage.
There was Commission discussion regarding low-income deed restrictions for second units.
Commissioner Bentz supported the idea of a deed restriction for a specific period of time in order
to insure the units would remain available as low/moderate-income housing.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to adopt
Planning Commission Resolution 2003-0015, recommending that the City
Council of the City of Atascadero adopt the proposed amendments to the Zoning
Ordinance with the following changes:
■ 9-6.106(b)(2) Sewer: The seeend unit shall be eenneeted to City sewe
Second units shall be connected to sewer where available, secondary septic
systems may be approved by the City Engineer.
■ 9-6.106(b)(6) Parking: One sever -ed par4ing spaee shat be pfevide One
enclosed parking space shall be provided for each house.
AYES: Commissioners Kelley, Jones, Porter, Bentz and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
MOTION: By Chairperson Fonzi and seconded by Vice Chairperson Kelley to recommend to
the City Council to review and consider the appropriateness of up to 950 square
foot second units based on the types of two bedroom units seen in other planned
development projects.
AYES: Commissioners Kelley, Porter, Jones and Chairperson Fonzi
NOES: Commissioner Bentz
ABSTAIN: None
Motion passed 4:1 by a roll -call vote.
MOTION: Vice Chairperson Kelley and seconded by Commissioner Jones to adopt Planning
Commission Resolution 2003-0016, approving Conditional Use Permit 2002-
0081 to establish a residential second unit at 9115 San Gabriel Road in the RSF-Y
zone, subject to the findings, conditions and exhibits as attached with the
following amendments:
■ Regarding Condition of Approval #8, there is to be a deed restriction that
neither the front nor rear porch be enclosed at any time, and
■ Condition of Approval #13, the landscaping requirement is to be removed and
a permanent fence to be allowed.
AYES: Commissioners Kelley, Jones, Bentz, Porter and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
4. CONDITIONAL USE PERMIT 2002-0075:
Applicant:
Stan Sherwin, 5265 El Camino Real, Atascadero, CA 93422
Project Title:
K -Jon's Mixed Use
Conditional Use Permit 2002-0075
Project Location:
5245, 5265 El Camino Real, Atascadero, CA 93422
(San Luis Obispo County); APN 029-302-047, 029-312-036
Project
An application for a Conditional Use Permit (CUP 2002-0075) to construct a mixed-use project
Description:
consisting of a 2,592 square foot commercial building, 1,872 future commercial expansion,
1,600 square foot residential duplex building, parking lot and landscaping on two adjacent
parcels totaling 0.65 -acres. The project includes demolition of the existing K -Jon's commercial
building, detached garage/apartment, and adjacent residential building.
General Plan Designation: General Commercial
Zoning District: Commercial Retail
Proposed
PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0044:
Environmental
Based on the findings of the initial study, the Community Development Department recommends
Determination
that the Planning Commission find that no significant harm would come to the environment from
approval of this project. 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 p.m., Monday through Friday
Staff
Adoption of Planning Commission Resolution No. PC 2003-0013 certifying proposed mitigated
negative declaration 2002-0044 and approving Conditional Use Permit 2002-0075 based on
Recommendation
findings and subject to conditions of approval and mitigation monitoring.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission
PUBLIC COMMENT
Stan Sherwin, 6649 San Gabriel Road, applicant, distributed a written list of changes he would
like to have made to the Conditions of Approval for this project and which he feels would allow
for more flexibility. (Exhibit A)
Joe Elkins, applicant's architect, answered questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
There was Commission agreement that this is a good project, which will add to the community
and there was support for the requested changes to the Conditions of Approval.
Commissioner Bentz questioned whether staff is in agreement with the requested changes to the
Conditions of Approval. Planning Services Manager Harris went through each item and felt they
could be accommodated. Regarding #5 he suggested the planters not be too narrow in width to
protect the trees.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to adopt
Planning Commission Resolution No. PC 2003-0013 certifying proposed
mitigated negative declaration 2002-0044 and approving Conditional Use Permit
2002-0075 based on findings and subject to conditions of approval and mitigation
monitoring as attached and incorporating the applicant's five recommendations as
part of the conditions of the CUP.
AYES: Commissioners Kelley, Porter, Jones, Bentz and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
5. TO BE CONTINUED TO A DATE UNCERTAIN: CONDITIONAL USE PERMIT
2000-0019:
Applicant:
Sprint PCS
Project Title:
Conditional Use Permit 2000-0019
Project Location:
9230 Vista Bonita, Atascadero, CA, APN 030-441-014
Project
The proposed project is a reconsideration of a request to establish a wireless communication
Description:
facility consisting of a 10 -foot by 20 -foot above ground equipment area, one 17 -foot tall
monopole, one 11 -foot tall monopole, both equipped with three PCS antennas, and a 15 -foot
tall steel pole equipped with a 2 -foot microwave dish. The site has been previously approved as
a co -location site for cellular facilities.
General Plan Designation: Single Family Residential
Zoning District: Residential Single Family - Y
Proposed
A Mitigated Negative Declaration was previously certified as part of the original approval on
Environmental
August 7, 2001. The 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
p.m., Monday through Friday
COMMUNITY DEVELOPMENT STAFF REPORTS
6. TREE REMOVAL PERMIT (TRP) #2003-0026: 8700 SIERRA VISTA RD.
Request to remove one (1) native oak tree over 24 -inches dbh located in conjunction with
the development of an 880 square foot new single-family home located at 8700 Sierra
Vista Rd. (APN 055-092-001).
Staff Recommends:
The Planning Commission adopt Resolution PC 2003-0012 to approve the request to
remove one native oak tree subject to the guidelines and mitigation required by the
Atascadero Native Tree Ordinance.
Assistant Planner Kelly Davis provided the staff report.
PUBLIC COMMENT — None
MOTION: By Commissioner Bentz and seconded by Commissioner Jones to adopt
Resolution PC 2003-0012 to approve the request to remove one native oak tree
subject to the guidelines and mitigation required by the Atascadero Native Tree
Ordinance.
AYES: Commissioners Bentz, Jones, Kelley, Porter and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
Community Development Director Warren Frace referred to a memo distributed by the City
Manager regarding changes the City Council is considering to the way appointments are made to
the Planning Commission and referred any questions to the City Manager.
COMMISSIONER COMMENTS & REPORTS
None
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 8:43 p.m. to the next regularly scheduled meeting of
the Planning Commission on February 18, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
The following exhibits are available for review in the Community Development Department.-
Exhibit
epartment.
Exhibit A — Stan Sherwin, Items for Consideration and Discussion
Adopted 3/4/03
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