HomeMy WebLinkAboutPC Minutes 04-15-03ITEM NUMBER:
DRAFT DATE: 5/06/03
CITY OFATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
April 15, 2003 — 7:00 P.M.
CALL TO ORDER
Chairperson Fonzi called the meeting to order at 7:05 p.m. and Vice Chairperson Kelley led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Beraud, Jones, O'Keefe, Porter, Kelley and Chairperson Fonzi
Absent: Commissioner Bentz
Staff: Community Development Director Warren Frace, Planning Services Manager
Steve McHarris and Recording Secretary Grace Pucci.
APPROVAL OF AGENDA
There was Commission consensus to approve the agenda.
PUBLIC COMMENT
Eric Greening stated he appreciated the Commission discussion about the Tree Ordinance at the
last meeting and asked if a timeline has been established for addressing suggestions made. Mr.
Greening was especially supportive of the suggestion for use of a standardized form for the
arborist reports.
Community Development Director Warren Frace indicated there was no timeline at this time,
however, based on the comments received from the Commission, staff is working on looking at
changes to the guidelines in cooperation with the Atascadero Native Tree Association (ANTA).
The first order of business for the Council is to work on the inclusionary housing ordinance, but
once complete, it is likely that the Tree Ordinance could be one of the next work programs. It
would be realistic to expect this item back to the Commission by early summer.
Chairperson Fond closed the Public Comment period.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON APRIL 1, 2003.
2. FINAL MAP ACCEPTANCE; IMP 2003-0052: TTM 2002-0022 (Tract 2439,
Parcel Map AT 02-0236, Parcel Map AT 02-0237) TRAFFIC WAY INDUSTRIAL
CONDOMINIUMS.
Commissioner O'Keefe pulled Consent Calendar Item #2 for further discussion.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Beraud to approve
Consent Calendar Item #1.
AYES: Commissioners Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: Commissioner Jones (Not present at last meeting.)
Motion passed 5:0 by a roll -call vote.
Item #2: Commissioner O'Keefe stated that she had previously expressed her concern regarding
the inadequate tree protection for this project. The owner eventually responded and put up the
tree protection, but there was no arborist report. She indicated that it appears the tree has been
impacted by the construction and asked if a yes vote on this item would preclude having an
arborist look at the tree to determine if it has been impacted.
Community Development Director Frace stated that this item is just the acceptance of the
Condominium Map, which is the interior subdivision of the lease spaces. The building final and
tree are separate from the Condominium Map. The applicant has been notified that an arborist
must assess the condition of the tree and propose any necessary mitigation prior to completion of
the project.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to approve
Item #2 of the Consent Calendar.
AYES: Commissioners Porter, O'Keefe, Jones, Beraud, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 6:0 by a roll -call vote.
PUBLIC HEARINGS
3. APPEAL 2003-0001 - An appeal of the Community Development Director's decision to
deny a request to apply for a reduction of the minimum lot size for a parcel within the
RSF-Y zoning district.
Applicant:
Walter Togni, 6605 Santa Ynez Avenue, Atascadero, CA 93422
Project Title:
Appeal 2003-0001
Project Location:
7435, 7445 Sombrilla Avenue, Atascadero, CA 93422
(San Luis Obispo County); APN 030-021-005
Project
An appeal of the Community Development Director's decision to deny a request to apply for
Description:
a reduction of the minimum lot size for a parcel within the RSF-Y zoning district. The
General Plan Land Use Designation is Single Family Residential. The site is zoned
Residential Single Family -Y, a medium density single family zoning designation with a
minimum lot size of 1.0 acre.
Proposed
CEQA Exemption by Statute Section 15061. The project will have no significant effect on
Environmental
the environment.
Determination
Staff
The Planning Commission deny an appeal to apply for a variance and subdivision of a 1.83 -
acre lot into two lots of 1 -acre and .83 -acres. The variance allowed a reduction in the
Recommendation
minimum 1 -acre lot size of the SFR -Y zoning district for the proposed site.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Dan Stewart, 597 12th Street, Paso Robles, civil engineer for applicant, gave a brief history of the
project and the application process. He indicated that the City Engineer's condition to put in two
separate driveways to both houses is not possible and for this reason they could never complete
the project. It is his position that the previous parcel map may have expired but not the variance.
Mr. Stewart answered questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
Commissioner O'Keefe stated what happened was unfortunate, but feels the variance should not
have been approved the first time. She feels staff has done an excellent job with the current
report, and that this request ignores the updated General Plan.
Chairperson Fonzi indicated that in her opinion it defied common sense to not allow this project
to go through, as there are two large lots and two legal houses already in place.
Vice Chairperson Kelley agreed with Chairperson Fonzi and felt the project fits with the
neighborhood.
Commissioner Jones also agreed with Chairperson Fonzi and feels this situation needs to be
rectified.
Commissioner Beraud commended staff for upholding the General Plan.
MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to deny
Appeal 2003-0001.
AYES: Commissioners Beraud and O'Keefe
NOES: Commissioners Jones, Porter, Kelley and Chairperson Fonzi
ABSTAIN: None
Motion failed 4:2 by a roll -call vote.
Chairperson Fonzi felt more information is needed, especially the conditions from the original
staff report which was approved by the Commission in 1998, and information from the applicant
regarding his appeals and the driveway condition.
MOTION: By Chairperson Fonzi and seconded by Commissioner Jones to send this item
back to staff for further study and then brought back to the Commission for
review.
AYES: Commissioners Jones, Porter, Kelley and Chairperson Fonzi
NOES: Commissioners Beraud and O'Keefe
ABSTAIN: None
Motion passed 4:2 by a roll -call vote.
Director Frace asked for clarification on what the Commission wants staff to bring forward.
Chairperson Fonzi asked for the following: 1) Conditions of Approval originally included when
the variance was approved in 1998, 2) applicant's information regarding coming back to staff
and trying to work with them, 3) any approvals or denials that may have come from staff
regarding the driveways, and 4) the Minutes of the original Commission meeting of 1998.
4. ZONE CHANGE 2002-0023 — DOWNTOWN COMMERCIAL FIRST FLOOR
USES ZONING TEXT AMENDMENT
Applicant:
City of Atascadero, 6500 Palma Avenue, Atascadero CA 93422
Project Title:
Downtown Commercial Zoning Text Amendment, Zone Change 2002-0023
Project Location:
Atascadero Downtown Commercial District, Atascadero, CA 93422
(San Luis Obispo County)
Project
The proposed project consists of a zoning text amendment of the City's Downtown Zoning
Description:
District ordinance, based upon the request of the Atascadero Main Street Organization. The
proposed zoning text amendment would permit office, business & vocational school, research
& development, health care, and broadcasting service uses on the first floor within the
Downtown Commercial (DC) zoning district, with appearance review. Also, handicapped
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Mary Chastain, 3855 Highway 41, Templeton, Co -Chair Atascadero Main Street Economic
Restructuring Committee, stated that the Main Street organization agrees with the community
vision statement. She informed the Commission that in the last few years, downtown property
owners have approached Main Street and asked for assistance in filling the vacancies in their
buildings. She reviewed the proposed approach and timeline for allowing currently non -
permitted uses in the downtown. Ms. Chastain answered questions of the Commission.
Bob Wilkins, 6405 El Camino Real, Atascadero Main Street Board of Directors and member of
the Design Committee, urged the Commission to accept the proposed amendment. He indicated
that Main Street wants to fill the vacancies downtown and at the same time encourage a store -
like frontage. Mr. Wilkins answered questions of the Commission.
Barbara Combs, 6280 Palma, Co -Chair Atascadero Main Street Design Committee, felt that
Main Street has done a good job of emphasizing retail in the downtown. She spoke about dual-
purpose usages to encourage life in the downtown. Ms. Combs answered questions of the
Commission.
Eric Greening commended the Design Committee and stated he would trust them to maintain the
downtown vision. He liked the Main Street proposal and asked the following questions: 1) what
would be the process if there are disagreements at the staff level, 2) who will fill vacancies on
the appearance review committee and should there be a sunset clause, and 3) what would happen
if a non -conforming use is approved, becomes successful and wants to stay in the downtown.
Tony Ranoletti, 5735 El Camino Real, owner of Virginia Plaza, gave a brief history of the Plaza.
He stated that the implementation of restricted usage has hurt their occupancy rate and there are
now vacancies, which hurt the other retailers in the Plaza as well as cash flow. He recommended
a multiple use status without a hearing process. Mr. Ranoletti answered questions of the
Commission.
Bob Wilkins responded to several issues raised during Public Comment.
Mary Chastain responded to issues raised during the Public Comment period.
Chairperson Fonzi closed the Public Comment period.
Commissioner Beraud expressed her concern that if the proposed uses are permitted without a
Conditional Use Permit (CUP), the downtown is stuck with that business. A CUP allows for a
timeline, however she feels the timeline is too long at this time and asked if that time period and
accessible residential units would be allowed on the first floor in non -storefront locations.
Proposed
CEQA Exemption by Statute Section 15061. The project will have no significant effect on
Environmental
the environment.
Determination
Staff
Adopt Resolution No. PC 2002-0052 recommending that the City Council introduce an
ordinance for first reading by title only to approve Zone Change 2003-0023 based on
Recommendation
findings.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Mary Chastain, 3855 Highway 41, Templeton, Co -Chair Atascadero Main Street Economic
Restructuring Committee, stated that the Main Street organization agrees with the community
vision statement. She informed the Commission that in the last few years, downtown property
owners have approached Main Street and asked for assistance in filling the vacancies in their
buildings. She reviewed the proposed approach and timeline for allowing currently non -
permitted uses in the downtown. Ms. Chastain answered questions of the Commission.
Bob Wilkins, 6405 El Camino Real, Atascadero Main Street Board of Directors and member of
the Design Committee, urged the Commission to accept the proposed amendment. He indicated
that Main Street wants to fill the vacancies downtown and at the same time encourage a store -
like frontage. Mr. Wilkins answered questions of the Commission.
Barbara Combs, 6280 Palma, Co -Chair Atascadero Main Street Design Committee, felt that
Main Street has done a good job of emphasizing retail in the downtown. She spoke about dual-
purpose usages to encourage life in the downtown. Ms. Combs answered questions of the
Commission.
Eric Greening commended the Design Committee and stated he would trust them to maintain the
downtown vision. He liked the Main Street proposal and asked the following questions: 1) what
would be the process if there are disagreements at the staff level, 2) who will fill vacancies on
the appearance review committee and should there be a sunset clause, and 3) what would happen
if a non -conforming use is approved, becomes successful and wants to stay in the downtown.
Tony Ranoletti, 5735 El Camino Real, owner of Virginia Plaza, gave a brief history of the Plaza.
He stated that the implementation of restricted usage has hurt their occupancy rate and there are
now vacancies, which hurt the other retailers in the Plaza as well as cash flow. He recommended
a multiple use status without a hearing process. Mr. Ranoletti answered questions of the
Commission.
Bob Wilkins responded to several issues raised during Public Comment.
Mary Chastain responded to issues raised during the Public Comment period.
Chairperson Fonzi closed the Public Comment period.
Commissioner Beraud expressed her concern that if the proposed uses are permitted without a
Conditional Use Permit (CUP), the downtown is stuck with that business. A CUP allows for a
timeline, however she feels the timeline is too long at this time and asked if that time period and
the cost of a CUP could be reduced to attract more businesses into the downtown. She was also
concerned that there is no mechanism for enforcement of the requirements set by the appearance
review committee.
Vice -Chairperson Kelley felt there is an obligation to stay with the original restrictions especially
for those who are now doing business in the downtown. He would like to keep the current
ordinance in place and send this to staff to address the issue of interim guidelines with a time
limit for non -retail uses and at the same time making it easier for preferred uses to come into the
downtown.
Commissioner O'Keefe stated she didn't see a problem with mixed use in the downtown, but is
concerned with dead space. She feels the CUP process is too long and too expensive. She could
support allowing more mixed uses without a CUP process with the assurance that the Main
Street organization is not going to submit to pressure because they are anxious to have someone
fill a vacant space.
Commissioner Porter indicated that in his opinion, the businesses within the Main Street district
have spoken and want the mixed use.
Commissioner Jones agreed with Commissioner Porter. He also feels that the CUP process is
too long and too expensive and if there are to be good uses in the downtown, there should be a
different process. He is in favor of the Main Street appearance review.
Director Frace indicated that the staff recommendation is for no use permit for the permitted uses
with appearance review delegated to Main Street and feels this is the best way to expedite the
process and still have enough control to guarantee a quality product.
Chairperson Fonzi likes the proposal as it encourages businesses to go to the Main Street
organization first, creating a more positive atmosphere. She is concerned with the "Approve"
and "Decline" wording in the Main Street document and asked if there were a way to codify this
so if declined there would be assurance of review by the City.
Commissioner O'Keefe suggested the Main Street organization could look at the language and
modify the form as needed.
MOTION: By Commissioner Jones and seconded by Vice Chairperson Kelley to adopt
Resolution No. PC 2003-0045 recommending that the City Council introduce an
ordinance for first reading by title only to approve Zone Change 2002-0023
allowing appearance review by the Main Street organization as recommended by
staff subject to findings and conditions.
AYES: Commissioners Jones, Porter, O'Keefe, Kelley and Chairperson Fonzi
NOES: Commissioner Beraud
ABSTAIN: None
Motion passed 5:1 by a Voll -call vote.
COMMISSIONER COMMENTS & REPORTS — None
COMMUNITY DEVELOPMENT STAFF REPORTS
Community Development Director Frace referred to a memo given to the Commission and asked
for feedback on the CUP for Mike Fredericks mini -storage project and the proposed change to
the architectural treatment. There was Commission discussion and consensus for approval of the
proposed changes.
Director Frace announced a special joint meeting and study session of the City Council and
Planning Commission scheduled for May 7th at 7:00 p.m. Affordable and workforce housing and
the inclusionary ordinance will be discussed; he encouraged all Commission members to attend.
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 9:06 p.m. to the next regularly scheduled meeting of
the Planning Commission on May 6, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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