HomeMy WebLinkAboutPC Minutes 04-20-04CITY OF A TASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
April 20, 2004 — 7:00 P.M.
CALL TO ORDER
Chairperson Kelley called the meeting to order at 7:08 p.m. and Commissioner O'Keefe
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter, Jones
and Chairperson Kelley
Absent: None
Staff Present: Community Development Director Warren Frace, City Engineer
Steve Kahn, Associate Planner Kelly Gleason, Associate Planner
Kerry Margason, Assistant Planner Lisa Wilkinson, Acting Police
Chief John Couch and Recording Secretary Annette Manier.
APPROVAL OF AGENDA
Chairperson Kelley suggested amending the agenda to place the Homeless Shelter
last.
MOTION: By Commissioner O'Keefe and seconded by Vice Chairperson
Jones to amend to agenda to place Item #3, the Homeless
Shelter, as the last item.
Motion passed 7:0 by a roll -call vote.
PUBLIC COMMENT - None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON APRIL 7, 2004.
Commissioner O'Keefe made the following correction to the Minutes: page 9; change
Ted Alvarez to Steve Alvarez.
Commissioner Fonzi made the following correction to the Minutes: page 3, Public
Comment, first paragraph; change Mr. Zach to Mr. Czach.
MOTION: By Commissioner Beraud and seconded by Commissioner
O'Keefe to approve the Consent Calendar as amended.
Motion passed 6:0 by a roll -call vote. (Jones abstained)
COMMUNITY DEVELOPMENT STAFF REPORTS
2. TREE REMOVAL PERMIT 2004-0046, 5140 TRAFFIC WAY
Request to remove one (1) native oak tree, over 24 -inches in diameter
located at 5140 Traffic Way.
Assistant Planner Lisa Wilkinson provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Matt Jeckell, applicant, explained why he has asked for this tree removal.
Commissioner Beraud asked Mr. Jeckell if he had considered adjusting his plans to
allow the tree to remain. Mr. Jeckell stated he had given thought to alternate designs,
but felt this was the best configuration.
Chairman Kelley closed the Public Comment period.
MOTION: By Commissioner Porter and seconded by Vice Chairperson
Jones to adopt Resolution PC 2004-0045 to approve the
request to remove one 24 -inch Valley Oak tree subject to the
guidelines and mitigation required by the Atascadero native
Tree Ordinance.
Motion passed 6:1 by a roll -call vote. (Beraud opposed)
Commissioner Beraud stated for the record that she felt the project could have been
designed differently.
PUBLIC HEARINGS
3. ZONE CHANGE 2003-0063, CONDITIONAL USE PERMIT 2003-01121
TENTATIVE TRACT MAP 2003-0037 FOR A 32 -LOT SINGLE FAMILY
RESIDENTIAL SUBDIVISION
Applicant:
Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Phone:
461-7504
Project Title:
Zone Change 2003-0063, Conditional Use Permit 2003-0112, Tentative Tract
Map 2003-0037 for a 32 -lot single-family residential subdivision.
Project Location:
1325 EI Camino Real, Atascadero, CA 93422
(San Luis Obispo County) APN 049-101-009, 049-101-010
Project
The proposed project consists of an application for a Planned Development
Description:
Overlay Zone, Conditional Use Permit, and Tentative Tract Map for a thirty-two lot
residential subdivision on a 7.09 -acre parcel under the requirements of PD -17
overlay zoning district. The average lot size is 9,185 square feet. One 14,150
square foot lot will accommodate a landscaped drainage detention basin. The
new homes will range in size from 820 square feet to 1,789 square feet. The
project includes one home per lot each with a two -car garage and driveway for a
total of 31 homes. The project's common open space includes two landscaped
round -abouts and two landscaped detention basins. One existing on-site colony
house will be relocated on site and rehabilitated in order to continue its residential
use. The project will require the removal of 13 native oak trees.
General Plan Designation: Single Family Residential -X
Zoning District: Residential Single Family -X
Proposed
Based on the initial study prepared for the project, a Mitigated Negative
Environmental
Declaration is proposed. The proposed Mitigated Negative Declaration is
Determination:
available for public review from 2/27/04 through 3/17/04 at 6905 EI Camino Real,
Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
Community Development Director Warren Frace provided the staff report and answered
questions of the Commission.
PUBLIC COMMENT
Kelly Gearhart, applicant, answered questions of the Commission.
Lloyd Connor stated he lives on the property adjoining this project and asked several
questions about the project.
Marge Mackey spoke in favor of creating an area for children to play in this
development.
Eric Greening asked about the proposed traffic circle and gave his opinion that a lot
designated as a park seemed safer than a traffic circle.
Chairperson Kelley closed the Public Comment period.
Commissioner O'Keefe expressed concern about impacts to trees on the property and
stated she would require bonding for the trees to be impacted before she could vote for
approval. She would also like to see a condition added that there be landscaping in the
front of the project near the single entrance, and agrees that a play area should be
added.
Commissioner Fonzi suggested adding a condition that the applicant distribute the
affordable housing throughout the tract, that they be three-bedroom homes, and that the
historic home be excluded from the affordable designation and be preserved in
appearance and style. She would like to see the idea of a park addressed.
Commissioner Porter expressed concern regarding the cost to homeowners to maintain
a park within the project.
Chairperson Kelley asked the applicant if he would be willing to add improvements to
Lot #1 to provide a play area for children. Mr. Gearhart stated he would, however turf
being expensive to maintain, he would rather see drought tolerant plant material, ground
cover, base paths and benches. In addition, he would like the option of having an
assessment district.
MOTION: By Commissioner Beraud and seconded by Commissioner
Fonzi to adopt Resolution No. PC 2004-0025 recommending
that the City Council certify Proposed Mitigated Negative
Declaration 2004-0010; and, adopt Resolution No. PC 2004-
0026 recommending that the City Council introduce an
ordinance for first reading to approve Zone Change 2003-0063
based on findings; and, adopt Resolution No. PC 2004-0027
recommending that the City Council approve the Master Plan
of Development (CUP 2003-0112) based on findings and
subject to Conditions of Approval and Mitigation monitoring
adding that 1) Lot #1 will be a designated public area to be
determined by the developer and staff what exactly will be
there keeping in mind the water issues, 2) any tree with more
than 5% impact will be bonded by the developer or by the
applicant, 3) historic preservation of the Colony home and that
it will be exempted from the affordability condition, 4) the
project can be an assessment district or a homeowners
association, whichever would work out best, 5) the affordable
housing will be distributed throughout the project, 6)
incorporate the Atascadero Mutual Water Company's
recommendations for water conserving landscaping, and 7)
landscaping as determined by staff to enhance the front
driveway area be included; and, adopt Resolution No. PC 2004-
0028 recommending the City Council approve Vesting
Tentative Tract Map 2003-0037 based on findings and subject
to Conditions of Approval and Mitigation Monitoring.
Motion passed 7:0 by a roll -call vote.
4. ZONE CHANGE 2003-0077, AUTO AND VEHICLE DEALERSHIPS — INDOOR
DISPLAY ONLY
Applicant:
City of Atascadero, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422, Phone:
461-5000
Project Title:
ZCH 2003-0077; Zoning Text Amendment
Project Location:
Commercial Retail Zones
Project
The proposed project is a zoning text amendment to the City's Municipal Code
Description:
Article 12, Section 9-3.223 and 9-6.163 to conditionally allow auto and vehicle
dealerships — indoor display/sales only in the Commercial Retail Zone and
conditionally allow auto and vehicle dealerships - indoor display/sales only on
Associate Planner Kelly Gleason provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Scott Vaness spoke against the amendment stating there is no auto/vehicle dealership
that he knows of that has all of it's sales indoors.
Ted Miles expressed his opposition to this zone change. He indicated there are already
14 dealers in town and he does not think the city can support more. Mr. Miles stated
there are some of these dealers in Fresno and they tend to use all available parking
spaces for their vehicles, leaving none for the public.
Eric Greening questioned a value system where autos must be kept indoors while there
are people who must live outdoors.
William Vega, applicant, stated he will specialize in collectible, antique and restored
cars. No business will be conducted outdoors, and the dealership will be on a private
street with its own off-street parking. Mr. Vega answered questions of the Commission.
Chairperson Kelley closed the Public Comment period.
MOTION: By Vice Chairperson Jones and seconded by Commissioner
Porter to adopt Resolution PC 2004-0044 a resolution of the
Atascadero Planning Commission recommending that the City
Council approve Zone Change 2003-0077 to amend Municipal
Code Section 9-6.163(e), to allow indoor auto and vehicle
display/sales on sites less than one -acre.
Motion passed 6:1 by a roll -call vote (O'Keefe opposed)
Commissioner O'Keefe stated for the record that she has concerns there may be
unanticipated consequences in this action.
Chairperson Kelley recessed the hearing at 8:35 p.m.
Chairperson Kelley called the meeting back to order at 8:45 p.m.
5. CONDITIONAL USE PERMIT 2003-0106, EOC OVERNIGHT SHELTER
Applicant: Economic Opportunity Commission, 1030 Southwood Drive, San Luis Obispo, CA
property with less than one acre net.
General Plan Designation: General Commercial
Zoning District: Commercial Retail
Proposed
CEQA Exemption by Statute Section 15061. The project will have no significant
Environmental
impact on the environment.
Determination:
Associate Planner Kelly Gleason provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Scott Vaness spoke against the amendment stating there is no auto/vehicle dealership
that he knows of that has all of it's sales indoors.
Ted Miles expressed his opposition to this zone change. He indicated there are already
14 dealers in town and he does not think the city can support more. Mr. Miles stated
there are some of these dealers in Fresno and they tend to use all available parking
spaces for their vehicles, leaving none for the public.
Eric Greening questioned a value system where autos must be kept indoors while there
are people who must live outdoors.
William Vega, applicant, stated he will specialize in collectible, antique and restored
cars. No business will be conducted outdoors, and the dealership will be on a private
street with its own off-street parking. Mr. Vega answered questions of the Commission.
Chairperson Kelley closed the Public Comment period.
MOTION: By Vice Chairperson Jones and seconded by Commissioner
Porter to adopt Resolution PC 2004-0044 a resolution of the
Atascadero Planning Commission recommending that the City
Council approve Zone Change 2003-0077 to amend Municipal
Code Section 9-6.163(e), to allow indoor auto and vehicle
display/sales on sites less than one -acre.
Motion passed 6:1 by a roll -call vote (O'Keefe opposed)
Commissioner O'Keefe stated for the record that she has concerns there may be
unanticipated consequences in this action.
Chairperson Kelley recessed the hearing at 8:35 p.m.
Chairperson Kelley called the meeting back to order at 8:45 p.m.
5. CONDITIONAL USE PERMIT 2003-0106, EOC OVERNIGHT SHELTER
Applicant: Economic Opportunity Commission, 1030 Southwood Drive, San Luis Obispo, CA
Chairperson Kelley briefly opened the Public Comment period to allow two children to
comment on this item.
PUBLIC COMMENT
Charlene Jones and her 10 -year-old daughter Destiny spoke in support of the Homeless
Shelter, stating that it was there when they needed it and kept them from sleeping on
the street.
Dennis Eslick and his six-year-old daughter Haley stated they needed to use the shelter
at one time and it helped them in many ways in addition to providing food and a bed.
Pastor Rick Comstock, Assembly of God Church, indicated his church has hosted the
Homeless Shelter on two occasions. He stated there is a need for a shelter in the
community and asked the Commission to allow a permanent shelter to be erected in
Atascadero.
Chairperson Kelley closed the Public Comment period.
Community Development Director Warren Frace provided the staff report and answered
questions of the Commission. An addendum was distributed clarifying conditions of
approval (Exhibit A). Additional information distributed included a letter from the
Atascadero Mutual Water Company (Exhibit B), and a Memo from the Economic
Opportunity Commission (EOC) regarding suggested changes to the Conditions of
Approval (Exhibit C).
PUBLIC COMMENT
Patrick Blody, applicant's architect, spoke about the process and the design of the
project.
Anita Robinson, Secretary Treasurer of the EOC, discussed the deliberations EOC went
through in making the decision to go forward with the North County Family Shelter. Ms.
Robinson explained the role of the EOC and its many partnerships within the
community.
93401, Phone: 544-4355
Project Title:
CUP 2003-0106; Overnight Shelter
Project Location:
965 EI Camino Real, Atascadero, CA 93422
(San Luis Obispo County); APN 049-041-010
Project
The proposed project is a 32 -bed overnight shelter, located on a site currently
Description:
developed with a preschool and support facilities for the preschool. The project
would be a conditionally allowed use (CUP 2003-0106) in a residential neighborhood
(965 EI Camino Real).
The General Plan Land Use Designation: Suburban Estate
Zoning District: Residential Suburban
Proposed
The project has been determined to qualify for a Class 3 Categorical Exemption
Environmental
under the provisions of the California Environmental Quality Act (CEQA section
Determination:
15303; Class 3; New Construction under 10,000.)
Chairperson Kelley briefly opened the Public Comment period to allow two children to
comment on this item.
PUBLIC COMMENT
Charlene Jones and her 10 -year-old daughter Destiny spoke in support of the Homeless
Shelter, stating that it was there when they needed it and kept them from sleeping on
the street.
Dennis Eslick and his six-year-old daughter Haley stated they needed to use the shelter
at one time and it helped them in many ways in addition to providing food and a bed.
Pastor Rick Comstock, Assembly of God Church, indicated his church has hosted the
Homeless Shelter on two occasions. He stated there is a need for a shelter in the
community and asked the Commission to allow a permanent shelter to be erected in
Atascadero.
Chairperson Kelley closed the Public Comment period.
Community Development Director Warren Frace provided the staff report and answered
questions of the Commission. An addendum was distributed clarifying conditions of
approval (Exhibit A). Additional information distributed included a letter from the
Atascadero Mutual Water Company (Exhibit B), and a Memo from the Economic
Opportunity Commission (EOC) regarding suggested changes to the Conditions of
Approval (Exhibit C).
PUBLIC COMMENT
Patrick Blody, applicant's architect, spoke about the process and the design of the
project.
Anita Robinson, Secretary Treasurer of the EOC, discussed the deliberations EOC went
through in making the decision to go forward with the North County Family Shelter. Ms.
Robinson explained the role of the EOC and its many partnerships within the
community.
Biz Steinberg, CEO of the EOC, explained the role of the EOC in advocating to offer
direct service programs and effect institutional change. She asked for the
Commission's approval of the CUP.
Anita Hogue, Program Manager for EOC Head Start, spoke about Head Start and its
pre-school connection to the program.
Catherine Manning, Director of EOC Homeless Services, indicated they have many
links within the community; one of the strongest is with ECHO. She spoke about their
homeless programs already in place within the community and asked for the
Commission's support of the shelter.
Mike Hedges, Vice President of ECHO, spoke about the transportation situation for the
shelter.
Tom Beam, Homeless Services Coordinator for the County of San Luis Obispo, stated
he was representing the Homeless Services Committee, which is giving its
wholehearted support to the applicant and what they are trying to achieve.
Reverend Jackie Sebro, Deacon at St. James Episcopal Church and Director of Loaves
and Fishes in Paso Robles, spoke about the People's Kitchen started with the help of
ECHO, which will become a screening site for the proposed Homeless Shelter.
Barbara Newsome stated she has volunteered in the shelter and spoke about the
people who use it. She expressed her support for the project.
Dave May indicated he has had positive dealings with ECHO and has helped them with
fundraising. As a retired Peace Officer he feels people who use the shelter police
themselves very well, and he is in support of the project.
Virginia Carsley stated it was her experience that those using the homeless facility were
eager to help in its maintenance and very appreciative of all that was done for them.
She is in support of the proposed shelter.
Tom Colmar expressed his concern regarding the health needs of the homeless and
stated his support for the shelter.
Eric Greening stated his strong support for the program and made the following
observations on the conditions of approval: 1) hours of work for the homeless are varied
and may not fit into the hours of operation for the shelter, 2) to what extent are
preschool or childcare services available to people who arrive later in the day, 3)
Condition #32, what is the plan for dealing with people who's vehicles may breakdown
on site, and 4) Condition #34, would support allowing the maximum flexibility possible.
Norma Mueller, member of ECHO Board and representing Hope Lutheran Church,
expressed her support for a permanent location for the shelter.
Monica Firchow expressed her opposition to the proposed site for the shelter. Stating
she represents 90% of the Residents on Santa Cruz Road, she submitted a written
statement of their objections. (Exhibit D)
Shirley Summers spoke in favor of the shelter and urged the Commission to support the
CUP.
Sandy Milder stated that the proposed location is ideal for the shelter clients as it is
centrally located within the north county.
Beverly Aho indicated that for the past two years she has lived next door to the current
shelter, and though initially apprehensive, she has found they keep the area up nicely
and if a problem occurs, it is corrected immediately. She urged the Commission to look
at this compassionately but responsibly.
Sharon Roundtree stated her support for the shelter location and encouraged the
Commission to approve the project.
Janie Giessenger, owner of A&W Restaurant, stated she has hired homeless workers in
her restaurant and has volunteered at the shelter. She supports the creation of a
permanent shelter.
Lee Bearly spoke of his positive experiences as a volunteer for ECHO and expressed
his support for a permanent shelter.
Bill Smith, First Baptist Church, explained that the homeless have been at his church for
over 18 months and in that time they have not received any complaints. He supports
the currently proposed location for the shelter.
John Jardine stated he has volunteered time at the homeless shelter and expressed his
opinion that a shelter helps prevent crime by providing a safe place for people to go.
Mike Byrne, ECHO Board Member, spoke about Condition #32 and stated ECHO has a
working relationship with a mechanic and they try to facilitate repairing or moving
vehicles off the site within one day. Regarding Condition #27, Mr. Burn stated that one
ECHO volunteer will always be on staff and on duty therefore, security cameras indoors
would be redundant and an invasion of privacy.
Patrick Summer indicated that he was homeless at one time and expressed his support
for the shelter and helping the homeless get back on their feet.
Victoria McBride asked the Commission to pay attention to the concerns of the people
who live in the area of the proposed shelter. She expressed concern with the open-
ended nature of Condition #21.
Cathy Hansen spoke in favor of locating the preschool on the same site as the shelter.
She urged the Commission to deal with the homeless now in a proactive way by
providing a permanent shelter.
Barbara Sublina stated she lives in the neighborhood of the proposed shelter and
though she acknowledges the need for a shelter, she was concerned with the potential
effect on property values. She suggested seeking an alternate location where future
expansion of the shelter would be possible.
Charlotte Byrne, ECHO President, spoke about Condition #11 and stated her support
for a Neighborhood Advisory Group. Additionally, she addressed the issue of
transportation to and from the shelter. Ms. Byrne distributed a list of priorities for the
overnight shelter. (Exhibit E)
Paul Wolf stated he serves on the Human Relations Commission of San Luis Obispo,
which has been assigned to monitor the Maxine Lewis Memorial Shelter. They very
quickly address any issues that arise and have found that in the last five years no
issues have come up from the residents or businesses in the area.
Chairperson Kelley closed the Public Comment period.
Commissioner Peterson commented that the homeless issue would probably get worse
due to the high cost of housing in the area. He spoke against the use of cameras inside
the facility.
Commissioner Fonzi expressed concern regarding funding issues for the shelter and
the screening process given the proximity of the pre-school. EOC and ECHO members
addressed these concerns.
Vice Chairperson Jones indicated his support for the shelter, and expressed his concern
for the issue of cameras in the interior of the shelter, which he feels is demeaning and
unnecessary. He does not see a problem with the vehicles on site, and would like to
see a reasonable condition for those coming after hours to be able to work within the
EOC restrictions and not have to go back to where they had their meal. He does not
support a condition requiring shelter clients to go to Paso Robles.
Chairperson Kelley expressed the following concerns: 1) Requiring clients to go to
Paso Robles is restrictive, 2) once clients are screened it would be more economical to
feed them all at one place—the shelter, 3) cameras are an invasion of privacy, but there
may be problem clients from time to time so there must be some safeguard in place to
protect the children and adult clients, and 4) agrees with having flexible hours for those
who must work late. All of these issues he believes can be worked out satisfactorily.
Commissioner O'Keefe complimented ECHO and EOC on coming up with a workable
plan, and stated she trusts EOC's recommendations, which she sees as reasonable and
is supportive of. Because of the sloping nature of the building site, she thinks the
shelter will not be intrusive on the neighborhood. Commissioner O'Keefe suggested a
change to the landscaping conditions—some of the trees to be planted are water
intensive and deciduous, she suggested plantings that require less water and would
provide year round screening. Additionally she stated requiring pavers is not
necessary, a road base or blacktop would be acceptable and less expensive.
Commissioner Porter stated this was a project that is overdue and he supports the
shelter. Regarding Condition #27, cameras inside the shelter are intrusive and he
would rather see them limited to outside areas. Conditions #32 and 34 are interrelated
in terms of transportation and he supports anything that would promote jobs in the hours
available to clients. He would suggest instead of having clients meet back at the dinner
site; perhaps another designated off-site location might be more practical. He would
like to see more flexibility in Condition #34.
Commissioner Beraud indicated her support for the changes in the Conditions as
presented by staff and as overlaid by the EOC, and for Commissioner O'Keefe's
comments about the landscaping. Regarding Finding #3 for the CUP, she proposed
that the CUP conditions be reviewed by the Planning Commission or by the City at six
and 12 -month intervals to provide an opportunity to see if the conditions have been met.
There was discussion regarding Commissioner Beraud's suggestion and several
Commissioners felt there were conditions/tools in place to bring any problems back to
the City's attention.
Community Development Director Frace made several comments:
1) Conditions #6 and & 7: Staff sees no concerns with the language proposed by
EOC.
2) Condition #32: Staff recommends the Commission consider having any off-site
location for pickup subject to approval by the Police Department.
3) Condition #34: Recommend adding that the regional transportation plan be
subject to the Police Department's approval.
MOTION: By Vice Chairperson Jones and seconded by Commissioner
O'Keefe to approve Draft Resolution No. PC 2004-0043, a
resolution of the Planning Commission of the City of
Atascadero approving a Conditional Use Permit to establish an
overnight shelter in the Residential Suburban Zoning District
with the following conditions:
1. Defer removal of the one 56 -inch Coastal Live Oak.
2. Adopt proposed language for Condition #6 from the EOC.
3. Adopt proposed language for Condition #27 from the EOC.
4. Conditions #32 and 34: the off-site location selection for the
transportation of clients to the shelter site to be by Police
Department approval.
5. The transportation plan will be subject to both Police
Department and Planning Staff approval.
6. Changes to landscape conditions as suggested.
Motion passed 7:0 by a roll -call vote.
DIRECTOR'S REPORT
Community Development Director Frace announced that the City Council, acting as the
Redevelopment Agency, will meet next Tuesday at 6:30 p.m. to hear a presentation on
future reuse plans for the Century Cinema complex. The Planning Commission is
invited and encouraged to attend.
COMMISSIONER COMMENTS AND REPORTS
Chairperson Kelley thanked Mr. Frace and his staff for doing an excellent job on
tonight's presentations.
ADJOURNMENT
Chairperson Kelley adjourned the meeting at 11:04 p.m. to the next regularly scheduled
meeting of the Planning Commission on May 4, 2004.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
The following exhibits are available for review in the Community Development Department.
Exhibit A — Addendum to Item #5, Overnight Shelter CUP
Exhibit B — Atascadero Mutual Water Company, letter dated 01/26/04
Exhibit C — Economic Opportunity Commission, memo dated 04/20/04
Exhibit D — Monica Firchow, Outline of Concerns re Overnight Shelter
Exhibit E — Charlotte Byrne, Priorities for Overnight Shelter
Adopted May 18, 2004