HomeMy WebLinkAboutPC Minutes 03-04-03CITY OFATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
March 4, 2003 — 7:00 P.M.
CALL TO ORDER
Chairperson Fonzi called the meeting to order at 7:02 p.m. and Commissioner Porter led the
Pledge of Allegiance.
PLANNING COMMISSION BUSINESS
A. Administration of Oath of Office
City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commission
Members Robert Jones, Joan O'Keefe, and Ellen Beraud.
RnT,T, CA
Present: Commissioners Beraud, Jones, O'Keefe, Porter, Bentz, Kelley and Chairperson
Fonzi
Absent: None
Staff: Community Development Director Warren Frace, City Engineer Steve Kahn,
Associate Planner Glenn Rider, Planning Services Manager Steve McHarris,
Assistant Planner Kelly Davis, Atascadero City Firefighter Peter Gaw and
Recording Secretary Grace Pucci.
PUBLIC COMMENT
Eric Greening, 7365 Valle Avenue, welcomed the new Commissioners and thanked the
Commissioners who had attended the Smart Growth Conference. Mr. Greening spoke about his
conclusion that the fear of high density may be unwarranted but it is still warranted if the
patterns of auto use are the same as they are with low density. He encouraged the Commission
to look at every mechanism they can when approving developments with higher density to
encourage a modal shift, i.e. designs of streetscapes that would encourage pedestrian usage and
incorporating more areas for shade into the designs.
Chairperson Fonzi closed the Public Comment period.
Community Development Director requested that agenda Items #8 and 9 be switched.
MOTION: By Commissioner Jones and seconded by Vice Chairperson Kelley to switch
Items #8 and 9.
AYES: Commissioners Jones, Kelley, Bentz, Beraud, Porter, O'Keefe and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 4, 2003.
MOTION: By Commissioner Jones and seconded by Commissioner Bentz to approve the
Consent Calendar.
AYES: Commissioner Jones, Bentz, Porter, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: Commissioners Beraud and O'Keefe
Motion passed 5:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
2. TREE REMOVAL PERMIT (TRP) #2003-0027: 5516 Tunitas Ave.
Request to remove two (2) native walnut trees over 24 -inches dbh located at 5516
Tunitas Ave. (APN 029-081-003)
Staff Recommends:
The Planning Commission adopt Resolution PC 2003-0032 to approve the request
to remove two native walnut trees subject to the guidelines and mitigation required
by the Atascadero Native Tree Ordinance.
Assistant Planner Kelly Davis provided the staff report and answered questions of the
Commission.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to adopt
Resolution PC 2003-0032 to approve the request to remove two native walnut trees
subject to the guidelines and mitigation required by the Atascadero Native Tree
Ordinance.
AYES: Commissioners Kelley, Porter, O'Keefe, Jones, Beraud, Bentz and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
3. TREE REMOVAL PERMIT (TRP) #2003-0028: 7305 SANTA CRUZ ROAD
Request to remove one (1) native oak tree over 24 -inches dbh at 7305 Santa Cruz
Road.
Staff Recommends:
The Planning Commission adopt Resolution PC 2003-0026 to approve the request
to remove one 32 -inch native oak subject to the guidelines and mitigation
required by the Atascadero Native Tree Ordinance.
Assistant Planner Kelly Davis provided the staff report and answered questions of the
Commission.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to adopt
Resolution PC 2003-0026 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 Kelley, Jones, Beraud, Porter, Bentz, O'Keefe and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7:0 by a roll -call vote.
PUBLIC HEARINGS
4. GENERAL PLAN AMENDMENT 2003-0003; ZONE CHANGE 2003-0038
Applicant: BYUCc Black, P.O. Box 867 Cambria, CA 93428
Project Title:
7905 Curbaril Avenue General Plan Amendment 2003-0003, Zone Change 2003-0038 —
Conversion of existing 1,925 square foot building from office use to single-family
residence
Project Location:
7905 Curbaril Avenue, Atascadero, CA 93422
(San Luis Obispo County); APN 031-183-027
Project
The project consists of an application to amend the existing GC (General Commercial)
Description:
General Plan land use designation to MDR (Medium Density Residential, 10 units/acre), and
to change the CP (Commercial Professional) zoning district to RMF -10 (Residential Multi -
Family, 10 units/acre). The project site is currently developed with a 1,925 square foot
building, landscaping, and paved driveway with parking.
Proposed
PROPOSED NEGATIVE DECLARATION 2003-0005:
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 proposed 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
I. Adopt Resolution No. PC 2003-0017 recommending that the City Council certify
Proposed Negative Declaration 2003-0005; and,
Recommendation
2. Adopt Resolution No. PC 2003-0018 recommending that the City Council introduce an
ordinance for first reading to approve General Plan Amendment 2003-0003 based on
findings; and,
3. Adopt Resolution No. PC 2003-0019 recommending that the City Council introduce an
ordinance for first reading to approve Zone Change 2003-0038 based on findings.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Bruce Black, 7905 Curbaril, applicant, expressed his concern regarding a willow tree on the
property which he fears might have to be removed or compromised to comply with the sidewalk
requirement. Mr. Black noted that there are no other sidewalks in the neighborhood.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner Bentz and seconded by Vice Chairperson Kelley to adopt
Resolution No. PC 2003-0017 recommending that the City Council certify
Proposed Negative Declaration 2003-0005; and adopt Resolution No. PC 2003-
0018 recommending that the City Council approve General Plan Amendment
2003-0003 based on findings; and adopt Resolution No. PC 2003-0019
recommending that the City Council introduce an ordinance for first reading to
approve Zone Change 2003-0038 based on finding, with the following change to
Conditions of Approval:
Condition of Approval #4: Portions of the rear yard asphalt paving behind
the condition #3 gate may remain for vehicle parking and turn -around.
The remaining area shall be renovated °
asphalt paving with residential landscape p apA;r,. The e i i ed
subject to staff approval.
AYES: Commissioners Bentz, Kelley, Porter, Jones, Beraud, O'Keefe and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a Noll -call vote.
5. GENERAL PLAN AMENDMENT 2003-0004; ZONE CHANGE 2002-0032; ROAD
ABANDONMENT 2002-0011; CONDITIONAL USE PERMIT 2002-0074;
TENTATIVE TRACT MAP 2002-0021,9500 LAS LOMAS AVE.:
Applicant:
Rex Hendrix, P.O. Box 6062, Atascadero, CA 93423
Project Title:
General Plan Amendment 2003-0004/Zone Change 2002-0032/ Road Abandonment
2002-0011/Conditional Use Permit 2002-0074/Tentative Tract Map 2002-0021 — The
Villas at Montecito, a 28 -unit townhouse development and a 6,400 square foot office
building
Project Location:
9500 Las Lomas Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 030-481-005, 030-481-006
Project
The proposed project consists of a General Plan Amendment and a Planned Development Zone Change
Description:
with a Conditional Use Permit, Tentative Tract Map to allow a 28 -unit townhouse development and a
6,400 square foot commercial office building. The site is gently sloped and primarily undeveloped with
several native oak trees. A westerly portion of the site is commercially developed and is proposed to be
reconfigured with the addition of one office building. Abandonment of a portion of the westerly side of
the Las Lomas Avenue right-of-way will be abandoned. The site is bounded by El Camino Real,
Principal Avenue, Las Lomas Avenue and Montecito Avenue. Public water and sewer are available to
the site, and will serve the project. Removal of native oak trees is required.
Proposed
PROPOSED NEGATIVE DECLARATION 2003-0038:
Environmental
Based on the findings of the initial study, the Community Development Department
Determination
recommends that the Planning Commission fmd 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
Adopt Resolution No. PC 2003-0020 recommending that the City Council certify Proposed
Mitigated Negative Declaration 2002-0038; and,
Recommendation
Adopt Resolution No. PC 2003-0021 recommending that the City Council approve General
Plan Amendment 2003-0024 based on findings; and,
Adopt Resolution No. PC 2003-0022 recommending that the City Council introduce an
ordinance for first reading to approve Zone Change 2002-0032 based on findings; and
Adopt Resolution No. PC 2003-0023 recommending the City Council approve Road
Abandonment 2002-0011, based on findings and subject to Conditions of Approval and
Mitigation Monitoring; and,
Adopt Resolution No. PC 2003-0024 recommending that the City Council approve the
Master Plan of Development (CUP 2002-0074) based on findings and subject to Conditions
of Approval and Mitigation Monitoring; and,
Adopt Resolution No. PC 2003-0025 recommending the City Council approve Vesting
Tentative Tract Map 2002-0021, based on findings and subject to Conditions of Approval
and Mitigation Monitoring.
For the record the following corrections were noted: Pages 193 through 207 were misprinted
and the actual address should be 9500 Las Lomas Avenue and page one of the staff report should
be corrected to show Zone Change 2003-0033.
Planning Services Manager Steve McHarris provided the staff report and with Atascadero City
Firefighter Peter Gaw answered questions of the Commission.
PUBLIC COMMENT
Bob Tomaszensky, architect and applicant's representative, 1329 Broad Street, San Luis Obispo,
thanked staff for their efforts on the project and answered questions raised by the Commission.
Mr. Tomaszensky stated the applicant's concerns regarding Conditions of Approval Nos. 6.g., i.
j., k., 9., 12.b., 16., and 18. Mr. Tomaszensky answered questions of the Commission.
Rex Hendrix, applicant, discussed his concerns with Condition of Approval No. 16, the deed
restricted affordable units in the moderate category. Mr. Hendrix answered questions of the
Commission.
Commissioner Jones stated that the City Council must call the shot on the affordable housing
issue. He would like staff to come up with some rules for this type of housing, as the
Commission has nothing to go by at this time.
Vince Lavorgna stated he is currently building a home in Atascadero and spoke about the issue
of a gated community and the types of equipment the Fire Department could use to open the
gates when needed. Regarding affordable housing, he feels that the prices projected for the units
in this project are affordable when compared to housing in the community in general.
Larry Bell, 9025 Pino Solo Avenue, expressed his concern regarding this project in a written
statement handed to the Commission. (Attachment A)
Eric Greening indicated that the project has a lot of good points but he had several concerns
regarding long-term monitoring of the trees, the barrier and illusion of security created by a gated
community, units 1 and 2 are close to a pet kennel and will potential buyers be appraised about
the noise factor and will there be acoustic screening to buffer the noise, and regarding
affordability he feels it is time to bite the bullet with an inclusionary housing ordinance.
Dirk Mulder, Las Lomas Avenue, stated he lives across the street from this project and outlined
his concerns in a written statement. (Attachment B)
Kelsey Richardson and Haley Kraus, Las Lomas Avenue, students at Atascadero High School,
stated their concerns regarding building more houses in an already crowded community. They
would not like to see housing on this site, but rather would like to see it left in its natural state.
Kim Malone, 9275 Pino Solo, requested that the entrance to the project be moved approximately
200 yards toward El Camino Real to lessen the traffic impacts. She discussed other traffic issues
of concern and stated she was not in favor of a gated community.
Tim Malone, 9275 Pino Solo, stated his concerns regarding traffic and felt there should be a
crosswalk or crossing guard to protect children walking or biking to school. He asked where
guests to the project would park.
Thomas Lewis stated he was in mortgage lending and felt that more affordable housing was good
business for everyone, however he was uncertain that this project would lend itself to affordable
housing. He expressed concern that no rules were in place for affordable housing and felt it was
unfair to make this applicant a guinea pig.
Mary McCowan, 9000 Pino Solo, expressed her concerns with traffic and felt Principal Way
should be widened along with Las Lomas and Montecito. She is also concerned about the health
of the trees on the property.
Eric Greening stated that children from this project in the ages of kindergarten through sixth
grade would be attending Santa Rosa school, which would not be far enough for them to get bus
service. If they were on foot or bicycling, they would be traveling on one of the most dangerous
and unsafe routes to school. He asked if the applicant could help with this problem.
Chairperson Fond closed the Public Comment period.
Mrs. O'Keefe asked about a comment in the staff report in which it states that the foundation
shall span across roots.
Ted Elder, arborist, stated this is often done when the engineers design the footings so that
pylons can be placed to span across the root system in order to eliminated cutting off the roots.
Mr. Elder further stated that every tree on the site is labeled both in the book and out in the field.
Vice Chairperson Kelley expressed his support for fencing and gating the property due to the fact
that there are open areas and a homeowners association, and this increases the chance that there
could be litigation due to the public walking through the project. Regarding affordable housing,
he stated he is 100% in favor of it, but he does not feel it was added to the project at the proper
time and he therefore does not feel the applicant should be liable and incur a financial loss for
requirements that are not in place yet. Vice Chairperson Kelley stated he hoped that the City
Council and planning department would put a rush on giving the Commission some guidelines
and rules to go by for affordable housing.
Commissioner O'Keefe felt due to the impact to the trees there should be bonding in place for
this project. She stated she likes the project but could not support it without the two deed -
restricted affordable units.
Commissioner Bentz asked staff to address the changes to the Conditions of Approval as
requested by the applicant. He stated that he likes this proposal and that it would add to the area.
He does not feel it should be the responsibility of the applicant to provide a safe route to school
for children in the project.
Commissioner Jones addressed the issue of affordable housing and stated he would like some
rules brought forward as soon as possible, and does not feel it is fair to impose it on the
developer. He stated an additional concern regarding the ingress and egress on Principal Avenue
and felt there should be another on Montecito.
Vice Chairperson Kelley gave staff a printout of the latest Affordable Housing Standards by the
San Luis Obispo County Department of Planning and Building (Attachment C) and asked if
these figures would be used. Mr. McHarris indicated that they would.
Commissioner Beraud felt that the City Council has set a precedent by encouraging some
affordable housing in new projects. She feels even if there are no set guidelines at this time, it
will be required in the future and she would support a motion that would require some workforce
housing.
Chairperson Fonzi asked staff to address issues raised by the public. She stated that she likes the
project in general and feels the only problem is with the affordable housing; she has mixed
feelings about the issue. She would like to have some rules in place and does not like to require
it of the applicant without him knowing exactly what he is required to do, and yet she feels the
housing is definitely needed. Additionally, she has strong feelings against a gated community.
MOTION: By Commissioner Bentz and seconded by Commissioner O'Keefe to adopt
Resolution No. PC 2003-0020 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2002-0038; and, adopt Resolution No.
PC 2003-0021 recommending that the City Council approve General Plan
Amendment 2003-0024 based on findings; and, adopt Resolution No. PC 2003-
0022 recommending that the City Council introduce an ordinance for first reading
to approve Zone Change 2002-0032 based on findings; and adopt Resolution No.
PC 2003-0023 recommending the City Council approve Road Abandonment
2002-0011, based on findings and subject to Conditions of Approval and
Mitigation Monitoring; and, adopt Resolution No. PC 2003-0024 recommending
that the City Council approve the Master Plan of Development (CUP 2002-0074)
based on findings and subject to Conditions of Approval and Mitigation
Monitoring; and, adopt Resolution No. PC 2003-0025 recommending the City
Council approve Vesting Tentative Tract Map 2002-0021, based on findings and
subject to Conditions of Approval and Mitigation Monitoring and that the
following changes be made to the Conditions of Approval in the staff report:
1. Drop Conditions of Approval No. 6.g., i., j. and k.
2. Condition of Approval No. 12 b.: Condition to be dropped and to show as on
existing plans.
3. Condition of Approval No. 18: Two One guest parking spaces shall be
eliminated along lot #30 to provide sufficient room for the proposed pathway
and an additional pathway adjacent to lot #21.
4. The City Engineer is requested to put no parking around the perimeter of the
development.
AYES: Commissioners Bentz, O'Keefe, Porter, Beraud and Chairperson Fonzi
NOES: Commissioners Jones and Kelley
ABSTAIN: None
Motion passed 5:2 by a roll -call vote.
Chairperson Fond recessed the hearing at 9:50 p.m.
Chairperson Fond called the meeting back to order at 9:58 p.m.
6. TENTATIVE PARCEL MAP 2002-0034; 8105 COROMAR AVE.
Applicant:
Phillip Basye, 709 Sandydale Dr., Nipomo, CA 93444
Project Title:
Tentative Parcel Map 2002-0034
Project Location:
8105 Coromar Ave., Atascadero, CA 93422, San Luis Obispo County
APN 056-031-036
Project
A proposed subdivision of an existing 1.34 -acre lot into two individual parcels of .77 and
Description:
.52 net acres. The site is currently developed with a single-family residence and detached
shed. The existing residence will be confined to one lot. An existing shed shall be removed
to allow the new lot to be developed with a new single-family residence. The parcels are
slight to moderately sloped and contain several native oak trees. The newly created parcel
averages slopes of less than 10%. The property will be served by City sewer, and water is
available from Atascadero Mutual Water Company. General Plan Designation:
Single Family Residential (SFR).
Zoning District: Residential Single Family -Y (RSF-X)
Staff
The Planning Commission adopt Resolution No. 2003-0031, certifying the proposed
Mitigated Negative Declaration 2003-0004 and approving Tentative Parcel Map 2002 -
Recommendation
0034, a request to subdivide one lot totaling 1.34 acres into two parcels of 0.77 and 0.52 -
acre (all lot areas are gross area), based on findings and subject to conditions.
Assistant Planner Kelly Davis provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Phillip Basye, 709 Sandydale Drive, Nipomo, applicant, stated that he agrees and supports
everything in the staff report and requested the Commission approve the resolution.
Chairperson Fond closed the Public Comment period
MOTION: By Commissioner Jones and seconded by Vice Chairperson Kelley to approve
Tentative Parcel Map 2002-0034, located at 8105 Coromar Avenue subject to
staff conditions and to adopt Resolution No. PC 2003-0031 certifying the
proposed Mitigated Negative Declaration 2003-0004 which includes the approval
of the Tentative Parcel Map.
AYES: Commissioners Jones, Kelley, O'Keefe, Porter, Beraud, Bentz and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
7. CONDITIONAL USE PERMIT 2002-0084/TENTATIVE PARCEL MAP 2002-
0032; 2605 TRAFFIC WAY
Applicant:
Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422
Project Title:
Conditional Use Permit 2002-0084/Tentative Parcel Map 2002-0032
Project Location:
2605 Traffic Way
Project
Proposed 4 -lot subdivision and Conditional Use Permit for a two membership assembly
Description:
buildings, a public park, and single-family residential lot. Four native oak trees are proposed
for removal.
Proposed
PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0006:
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 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
Adopt Resolution No. PC 2003-0027 certifying Proposed Mitigated Negative Declaration
2002-00; and,
Recommendation
Adopt Resolution No. PC 2003-0028 approving CUP 2002-0084 based on findings and
subject to Conditions of Approval and Mitigation Monitoring; and,
Adopt Resolution No. PC 2003-0029 approving Tentative Parcel Map 2002-0032, based on
findings and subject to Conditions of Approval and Mitigation Monitoring.
Associate Planner Glenn Rider provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Kelly Gearhart, 6205 Alcantara Avenue, applicant, stated he was in agreement with the staff
report and answered questions of the Commission.
Chairperson Fonzi referred to a letter she had received from Mr. Greg Boyer that the
Commission has read and asked that the letter be attached to the Minutes. (Attachment D)
David Gabler, 2780 Ferrocarril, requested that Condition #11. d. regarding parking lot
maintenance be separated from the issue of construction noise. Further he requested that a
specific condition be added limiting the noise from the assembly buildings to a level that is
respectful of the surrounding residential neighborhood and the school, and another condition
requiring outdoor lighting be turned off after the occupants have left the facility for the night.
Thomas Lewis, referred to the swap for the Printery mentioned in the report and asked who
currently owned the Printery.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner Jones and seconded by Commissioner Porter to adopt
Resolution No. PC 2003-0027 certifying Proposed Mitigated Negative
Declaration 2002-0006; and, adopt Resolution No. PC 2003-0028 approving CUP
2002-0084 based on findings and subject to Conditions of Approval and
Mitigation Monitoring; and, adopt Resolution No. PC 2003-0029 approving
Tentative Parcel Map 2002-0032, based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
AYES: Commissioners Jones, Porter, Beraud, Bentz, O'Keefe, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
8. ZONE CHANGE 2003-0042: MIXED USE CODE TEXT AMENDMENT IN
COMMERCIAL DISTRICTS
Applicant:
City of Atascadero
Project Title:
Zone Change 2003-0042: Zoning Code Text Amendment to conditionally allow Mixed Use
commercial and multifamily development in the Commercial Retail and Commercial
Professional districts.
Project
Zone Change: Citywide: Commercial Retail (CR) and Commercial Professional (CP) zoning
Location:
districts.
Project
The project consists of a proposed text amendment to the City Zoning Ordinance to
Description:
conditionally allow mixed-use multi -family development in the CR and CP zoning
districts consistent with General Plan Programs LOC 3.1.7 and LOC 3.1.9. .
General Plan Designation: GC: General Commercial
Zoning District: Commercial Retail (CR) and Commercial Professional (CP) zoning districts.
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:
Staff
The Planning Commission adopt Resolution 2003-0034, recommending that the City Council
Recommends
of the City of Atascadero adopt the proposed amendments to the Zoning Ordinance.
Community Development Director Warren Frace provided the staff report and answered
questions of the Commission.
PUBLIC COMMENT
Larry Keebo, 7400 Balboa, stated he has two parcels on El Camino Real and is working with
staff on a project to build the Atascadero Wine and Visitors Center and a townhouse project. He
stated concern about the businesses that are going in around this proposed development and feels
that some areas on the north end of town need to be excluded from the mixed-use zoning. Mr.
Keebo answered questions of the Commission. Community Development Director Frace
addressed Mr. Keebo's concerns.
Kelly Gearhart clarified the zoning for the Del Rio Road area. He felt in theory the multi -family
zoning was good, however the commercial market is good now and must be built. Mr. Gearhart
indicated that the knolls in that area are not good for residential development due to a
groundwater problem.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner Jones and seconded by Commissioner Bentz to recommend to
the City Council that they approve the Zone Change 2003-0042 to amend the
zoning ordinance to allow mixed-use multi -family residential in the CR and CP
zoning districts subject to the conditions that have been set forth in the staff report
and that they make specifically findings of consistency with the 2002 General
Plan EIR.
AYES: Commissioners Jones, Bentz, Porter, O'Keefe, Kelley and Chairperson Fonzi
NOES: Commissioner Beraud
ABSTAIN: None
Motion passed 6:1 by a roll -call vote.
9. CONDITIONAL USE PERMIT 2002-0085; 7250 SANTA YSABEL
Applicant:
Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422
Project Title:
Conditional Use Permit 2002-0085
Project Location:
7250 Santa Ysabel
Project
Proposed multi—family residential building located in the Commercial Retail zone district as
Description:
part of an contiguous mixed use development.
Proposed
PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0007:
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 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
Adopt Resolution No. PC 2003-0030 approving CUP 2002-0085 based on findings and
subject to Conditions of Approval and Mitigation Monitoring; and,
Recommendation
Associate Planner Glenn Rider provided the staff report and answered questions of the
Commission.
Commissioner Beraud indicated that she does not find this project to be a pleasing fit for the area
and does not feel she can support the removal of the impacted tree.
PUBLIC COMMENT
Kelly Gearhart, applicant, stated that he was in agreement with the staff report. He indicated that
the project was designed to keep the tree that is to be removed, but it was found to be in poor
health. Also, Mr. Gearhart stated that all the neighbors are aware of the project as it is in their
CC&R's, and there are several four-plexes in the neighborhood. Mr. Gearhart answered
questions of the Commission.
Chairperson Fond closed the Public Comment period.
Commissioner O'Keefe stated it was her opinion that this project would impact the residential
development in the area and she would therefore be unable to make the finding that states, "The
project will not be inconsistent with the character of the immediate neighborhood," and for this
reason would be unable to approve the project.
Chairperson Fonzi asked that if the project is approved, another condition be added to prohibit
the use of dumpsters on the site.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to adopt P.C.
Resolution No. 2003-0007 approving CUP 2002-0085 to construct a four unit
multi -family residential structure at 7250 Santa Ysabel Avenue subject to findings
and conditions, adding a condition to prohibit the use of dumpsters, and subject to
the following special findings:
1. The project will not result in an over concentration of multi -family residential
development within a commercial district.
2. The project is compatible with and will not negatively impact surrounding
commercial uses.
3. The project will not be located on a prime commercial intersection or site that
would best be reserved for exclusive commercial development.
AYES: Commissioners Kelley, Jones, Porter, Bentz and Chairperson Fonzi
NOES: Commissioners Beraud and O'Keefe
ABSTAIN: None
Motion passed 5:2 by a roll -call vote.
COMMISSIONER COMMENTS & REPORTS
None
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 11:50 p.m. to the next regularly scheduled meeting
on March 18, 2003.
MEETING RECORDED BY AND MEETING PREPARED BY:
Grace Pucci, Recording Secretary
The following exhibits are available for review in the Community Development Department:
Attachment A —
Larry Bell, written comments
Attachment B —
Dirk Mulder, written comments
Attachment C —
San Luis Obispo County Affordable Housing Standards
Attachment D —
Letter to Commission from Greg Boyer
Adopted 3/18/03
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