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HomeMy WebLinkAboutPC Minutes 09-02-03CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting September 2, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:01 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, O'Keefe, Porter, Vice Chairperson Kelley and Chairperson Fonzi Absent: Commissioner Jones Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris, City Engineer Steve Kahn, Associate Civil Engineer Jeff van den Eikhof, Associate Planner Kerry Margason, Fire Captain Roland Snow and Recording Secretary Grace Pucci. APPROVAL OF AGENDA There was Commission consensus to approve the agenda. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 19, 2003. MOTION: By Vice Chairperson Kelley and seconded by Commissioner O'Keefe to approve the Consent Calendar. AYES: Commissioners O'Keefe, Bentz, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: Commissioner Beraud Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLANNING COMMISSION REVIEW HEARING OF CONDITIONAL USE PERMIT U821025,5400 CARRIZO ROAD: RALPH'S CUSTOM MEATS. Owner: Tom Dorsey,8225 Lake Nacimiento Drive, Paso Robles, CA 93446 Project Title: Conditional Use Permit U821025 Approved by Atascadero Planning Commission December 6, 1982 Project 5400 Carrizo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-101-012 Project The Planning Commission will be holding an informational hearing for the purpose Description: of reviewing the status of the conditional use permit for Ralph's Custom Meats, the conditions of approval and the business' compatibility with the neighborhood. General Plan Designation: Single Family Residential'/2 acre (SFR -X) Zoning District: RSF-X t Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kacey Sullivan, 5450 Carrizo Road, read from a prepared statement expressing her concerns with the Conditional Use Permit. (Exhibit A) Mrs. Sullivan answered questions of the Commission. Jamie Warner, 5350 Carrizo Road, stated he lives next to the Ralph's Custom Meats operation and has no problem with the business. He feels the owner has gone out of his way to accommodate the neighbors' needs. Tom Dorsey, owner Ralph's Custom Meats, indicated he has owned the business for 4 1/2 years. He has tried to take care of any problems that have arisen as well as upgrading the area of his business. Mr. Dorsey gave a brief history of his efforts to comply with the City's requirements and answered questions of the Commission. Anne Ketcherside expressed her support for Ralph's Custom Meats indicating that it has been a life-long business in Atascadero. Brian McAllister, 4435 Carrizo Road, stated he agreed with Mrs. Sullivan's comments. He was concerned with the large semi's that service the business and feel they are too big for a residential area. Kathleen Vaughan, Del Rio Road, knew Ralph and Linda McCornack the original owners who ran the business as a "mom and pop" operation, however she feels it has grown into a different sort of business now and belongs on El Camino Real or some other areas zoned for this type of operation. Jim Fogle, employee of Ralph's Custom Meats and occupant of the home on the property, stated he has been with Mr. Dorsey since he took over the business. He related the ways in which Mr. Dorsey has tried to address the issues raised by the neighbors and how he has improved the property. Chairperson Fond closed the Public Comment period. Vice Chairperson Kelley stated he understands both sides of this issue. He is hopeful that the parties, along with the City, will try to work out the issues of concern. He feels the most disruptive issue is traffic, and perhaps a schedule can be arranged to make the truck traffic less of an impact on the neighborhood. Vice Chairperson Kelley stated that the original intent of the business was for a mom and pop operation and the burden now falls on Mr. Dorsey to make his business compatible within the neighborhood. Commissioner O'Keefe expressed her concerns that the original conditions under which the permit was granted are not being complied with. Though no longer a mom and pop business, they are apparently providing a valuable service, but in the wrong location. She feels the size of the business may adversely affect property values in the area. Commissioner Bentz felt more information was needed to determine if the business is at a level to meet the conditions of the Use Permit. He also can see the arguments on both sides and asked staff for the following additional information: 1) research on original building permits issued, 2) original Health Department letter, 3) copies of application for business license, 4) square footage of all structures on the site and comparison to the structures that were originally approved, and 5) sales tax permit for current operator. He also felt the current owner could provide the Commission with figures of his current sales volume. Commissioner Beraud offered the following as possible amendments to the conditions for this Use Permit: 1) trucks will not idle, 2) trucks can only be on the premises, not on the street, and 3) work must be completed within the building. She also felt retail sales were not an appropriate use in a single-family neighborhood, and that either the conditions of approval be firmed up, or the applicant should be asked to relocate to a commercial area. Commissioner Porter felt no decision should be made at this time but should be deferred until the Commission receives all information requested. Chairperson Fonzi restated the Commissions information requests as follows: 1) What building permits have been granted in the past and at the present time? 2) A copy of the Health Department permits regarding the use on the property. 3) Square footage of all buildings on the site. 4) Whether there is a sales tax permit, and if it is possible to gauge the retail sales volume. 5) Delivery schedule to be placed within the CUP restricting the hours of delivery. 6) Traffic to be monitored on the site to determine if there is excess traffic and if traffic mitigation measures should be put into place. 7) A condition that trucks must be on the premises and not on the street. 8) A condition that all work is done in the building. 9) A brief history of the business indicating if volume has increased in the last three years over the original owners use. Director Frace asked for direction regarding the residency requirement. After a brief discussion there was Commission consensus (4:2, O'Keefe and Beraud opposed) that residency need not be a major requirement for granting the CUP. Chairperson Fonzi suggested staff provide information on how many employees are currently living in the house, and felt the problem is less the number of residents on the property, but rather the level of service offered now and the number of employees on site. She feels there needs to be a nexus between the amount of retail service and the amount of business actually be conducted on the site. 3. ZCH-2002-0027 CUP 2002-0064, TTM 2002-0018: 1200 LA COSTA PD -7 Applicant: Andy Charnley, 200 S. Main Street, Templeton, CA 93465; Phone: 434-4252 Project Title: La Costa Court — Planned Development Zone Code Text 2003-0083, Zone Change 2002- 0027, Conditional Use Permit 2002-0064, Vesting Tentative Tract Map 2002-0018 for a 40 -lot multi -family residential subdivision. Project 1200 La Costa Court, Lot 10, Tract 2234, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-358-010. Project The proposed project consists of an application for a Planned Development Overlay Zone, Description: Conditional Use Permit, and Tentative Tract Map. The proposed project consists of 40 attached, multi -family residential units with a 60 -foot wide private open space/parking area adjacent to existing La Costa Court residences. The project site is 2.9 -acres and is located between U.S. Highway 101 and EI Camino Real on La Costa Court. The project will include 40 lots ranging in size from 1,887 to 2,278 square feet, 40 on-site guest parking spaces, and 19,730 square feet of private open space. There are no native trees on-site. General Plan Designation: High -Density Residential (16 units/acre) Zoning District: Residential Multi -Family - 16 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination: through 9/2/03 at 6500 Palma Avenue, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Vice Chairperson Kelley stepped down from consideration of this item citing a donation received from the applicant during the City Council election. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. Tim Roberts, civil engineer and applicant's representative, gave a history of the project stating that it was the applicant's goal to provide real affordable housing that looks like single-family housing. Mr. Roberts addressed issues raised by the Commission and answered their questions. Frank Henderson, project architect, answered questions of the Commission. PUBLIC COMMENT Jennifer Fanning, La Costa Court, discussed her concerns with this project including: 1) width of La Costa Court, 2) emergency vehicle turnaround, 3) safety of intersection of La Costa, El Camino Real and San Diego, 4) parking on La Costa when the guest parking for this project is full, and 5) safety of children in the street with the increased car traffic out of this development. She suggested putting in single-family housing or, if town houses are built, to require an access road through the empty adjacent lot. She would like to see a smaller development on this site. Tanya Pennington, La Costa Court, stated she was opposed to filling the remaining 2.9 acres in her neighborhood with a 40 lot multifamily residential subdivision, as well as the high-density residential zone change. She is would be in favor of building something on this site that would be consistent with the development in which she lives. Jerry Pennington, La Costa Court, expressed his concerns with the impacts of traffic in his neighborhood as well as the width of the road. He would like the new development to be consistent with the homes in his neighborhood. Tim Roberts answered questions raised by the public. Chairperson Fonzi asked staff and the applicant's representative to address the issues raised during Public Comment period. Chairperson Fond closed the Public Comment period. Chairperson Fond recessed the hearing at 9:32 p.m. Chairperson Fond called the meeting back to order at 9:46 p.m. Commissioner O'Keefe made the following comments on this project: 1) Questioned staff's interpretation of the General Plan regarding medium density residential and high density residential. 2) Lack of project benefits. 3) Compatibility finding for the CUP; this development is very linear and not consistent with the existing neighborhood. 4) This project does not meet the interim inclusionary housing ordinance. Commissioner O'Keefe indicated that given the way this project is currently presented, she is unable to support it. Commissioner Bentz disagreed with Commissioner O'Keefe and felt all the objections raised have been adequately addressed in the staff report. He felt the project was a good one and meets all the requirements he would look for. Commissioner Porter agreed with Commissioner Bentz and commented that this developer is bringing the City the type of project it needs. He felt a 10'x10' backyard is adequate for a first time homeowner. In his opinion this is a quality development, and he is in full support of the project. Commissioner Beraud would like to see more benefits in this project, however she feels the affordable housing to be provided overrides some of those concerns. Chairperson Fonzi indicated that she was torn on this project. She cannot see that it is truly compatible with the neighborhood and it will increase traffic in the area, however, the City needs this type of housing especially units with three bedrooms. She is concerned with the lack of recreational area in this project. She suggested removing some of the guest parking at the entrance to the project and using it for a recreation area for the children. Chairperson Fonzi stated she could support this project, with reservations, and hopes the developer will meet with residents and help them to understand what he would do to try to calm the traffic, etc. There was Commission discussion of Chairperson Fonzi's suggestion regarding parking versus recreational space. Tim Roberts, applicant's representative, stated that the applicant would be happy to remove eight parking spaces and open that area up for recreational use. MOTION: By Commissioner Bentz and seconded by Chairperson Fonzi to adopt Resolution No. PC 2003-0082 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0024; and, adopt Resolution No. PC 2003- 0083 recommending that the City Council introduce an ordinance for first reading to establish Planned Development #20 (Zone Change 2003-0064) based on findings; and, adopt Resolution No. PC 2003-0084 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002- 0027 establishing a PD -20 overlay district based on findings; and, adopt Resolution No. PC 2003-0085 recommending that the City Council approve the Master Plan of Development for PD -20 (CUP 2002-0064) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution No. PC 2003-0086 recommending the City Council approve Vesting Tentative Tract Map 2002-0018, based on findings an subject to Conditions of Approval and Mitigation Monitoring, and allowing for eight parking spots to be converted to a park. AYES: Commissioners Bentz, Beraud, Porter and Chairperson Fonzi NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 4:1 by a roll -call vote. Vice Chairperson Kelley rejoined the meeting. 4. TPM 2003-0041: 2435 SAN FERNANDO ROAD Applicant: Richard Audette, 2435 San Fernando Road, Atascadero, CA 93422 Sandy L. Summers, 2435 San Fernando Road, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2003-0041 (AT03-0104) Project Location: South of Balboa Road, northeast of San Fernando Road, east of Corriente Road, at 2435 San Fernando Road, Atascadero, CA 93422, San Luis Obispo County APN 050-131-005 and 020 Project A proposed subdivision of two existing lots, totaling 10.52 acres (gross) into three lots of Description: 4.148, 3.18, and 3.18 acres. Proposed parcel 1 is currently developed with a single-family residence and accessory structures. Proposed parcels 2 and 3 are vacant and would be available for single- family residential development, however development is not proposed with this application. The project area is moderately sloping, with an average slope of 14 to 19% and contains several native oak trees. The proposed new parcels will receive water service from the Atascadero Mutual Water Company. Septic systems will be utilized for wastewater disposal. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban RS Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from 08/14/03 Determination: through 09/02/03 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 .m., Monday through Friday. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Sandy Summers, applicant, gave a history of the project and requested the Commission provide for the option of separate driveways. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe stated that despite her repeated requests, the site was not identified and she was unable to tell where the site actually was. Additionally, there was no readable map included in the packet; the drawings provided made it impossible for her to analyze the project. She would like clearer pictures in the future and asked that perk rates be included in the staff report. Commissioner O'Keefe stated she has made a policy that she will not vote for a project if she does not have adequate information to be able to access it. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0072, certifying the proposed Mitigated Negative Declaration 2003-0031 and approving Tentative Parcel Map 2003-0041, a request to subdivide two parcels totaling 10.88 acres into three parcels of 4.508, 3.186 and 3.186 acres (all lot areas are gross area), based on findings and subject to conditions and modifying Condition No. 9 to allow the application the option to choose the location of the driveway based upon approved City standards, and correcting Condition No. 8 to read: In conjunction with recordation of the parcel map, the applicant shall record an additional map sheet which identifies the open space easement area as a nonbuildable area, locates the building envelopes and leach fields and delineates a shared accessway from Balboa Road as shown on the eoneepti grading and drainage plan and requir-ed by these eenditions of approval and - reviewed by Planning S AYES: Commissioners Porter, Bentz, Kelley and Chairperson Fonzi NOES: Commissioners Beraud and O'Keefe ABSTAIN: None Motion passed 4:2 by a roll -call vote. Commissioner Beraud indicated that she voted no because she did not agree with the option on the driveway. 5. ZCH 2003-0061, CUP 2003-0110, TPM 2003-0047: PD -14 AMENDMENT LAKES (MIDLAND PACIFIC) Applicant: Midland Pacific Building Corporation, 6955 EI Camino Real, Atascadero, CA 93422 Project Tit/e: Chico Road Subdivision ZCH 2003-0061, CUP 2003-0110, TPM 2003-0047 Project 2955 Chico Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-022-009 Project The proposed project is a request for a Zone Change (ZCH), Conditional Use Permit (CUP) Description: and Tentative Parcel Map (TPM). The Zone Change would establish a Planned Development No. 14 overlay on the site, subject to a master plan of development (CUP) that would allow 2 single- family residences to be constructed. The Tentative Parcel Map would create a 3 -lot subdivision. The project would be subject to architectural and landscape standards. The project site is a slight to moderately sloping lot currently developed with an industrial building and various accessory structures. The existing structures will be removed/demolished. General Plan Designation: Open Space Zoning District: Residential Single Family — Y Vice Chairperson Kelley stepped down from consideration of this item citing a donation received from the applicant during the City Council election. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ken Wilson, 7600 Morro Road, applicant's representative, stated that the purpose of this subdivision is to provide an improved entrance to the Lakes development. He requested that the requirement for boulders be deleted from the Conditions of Approval. Mr. Wilson answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. Commissioner Porter stated that this project would be an improvement to what is currently there and even if this project were outside of the gate, it would still be part of the general Lakes area. MOTION: By Commissioner Bentz and seconded by Commissioner Beraud to adopt Resolution No. PC 2003-0079, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0061; and adopt Resolution No. PC 2003-0080 recommending that the City Council approve Conditional Use Permit 2003-0110 for the Master Plan of Development subject to findings and conditions of approval; and, adopt Resolution No. PC 2003-0081 recommending that the City Council approve Tentative Parcel Map 2003-0047, subject to findings and conditions of approval with the following changes: I . Correct Condition of Approval No. 14 of Resolution PC 2003-0081 to read: "prior to final occupancy" as opposed to "prior to grading permit." 2. Clarify Condition of Approval No. 9 of Resolution PC 2003-0080 to read "as a part of the final landscaping plan, the applicant shall integrate decorative borders into the landscaping along the driveway edges to discourage parking along the driveways or the driveway easement where the access for both lots shall be combined to allow for two-way traffic through the easement area dividing at the property boundaries for parcels one and two. 3. Storm water discharge shall not exceed the design capacity of the downstream drainage improvements. 4. Eliminate the boulder requirement. AYES: Commissioners Bentz, Beraud, O'Keefe, Porter and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. Vice Chairperson Kelley rejoined the meeting. COMMISSIONER COMMENTS & REPORTS Commissioner Beraud inquired if the Lakes development was violating the lighting ordinance by the way they light their entrance. She indicated that she has received many comments about this from the public. Director Frace stated that no complaints have been received, however staff could take a look at it and insure that the lights are properly screened. Regarding the 3-F Meadows expansion project, Commissioner Beraud asked if it would be appropriate to have a group of public people look at it. Director Frace stated that at this time it is an active construction site but the Planning Commission can inspect sites during construction and staff could arrange a tour for any interested Commissioners. Commissioners Beraud, Porter and Chairperson Fonzi expressed interest. Commissioner O'Keefe referred to the 3-F project and development fees. She asked if the City's development fees are to be paid. Director Frace stated that redevelopment isn't doing anything about development fees on 3-F, but he thinks the City Attorney may be working on the issue. Chairperson Fonzi stated that she wandered around the room during the break and heard nothing but good things about the way staff is working with the public. DIRECTOR'S REPORT None ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:51 p.m. to the next regularly scheduled meeting on September 16, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Kacey Sullivan, prepared statement and photographs Exhibit B — Tom Dorsey, handout of 2 letters and a petition Adopted 9/16/03 \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes. 09-02-03.gp.doc