HomeMy WebLinkAboutPC Minutes 12-18-07CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, December 18, 2007 — 7:00 P.M.
Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Slane
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi
and Chairperson O'Keefe
Absent: None
Others Present: Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace, Public Works
Director / City Engineer Steve Kahn, Deputy Community
Development Director Steve McHarris, Senior Planner Kelly
Gleason, and Associate Planner Callie Taylor.
Chairperson O'Keefe read the decorum guidelines.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Commissioner Jack and seconded by Commissioner Marks
to approve the agenda.
Motion passed 7:0 by a roll -call vote.
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DISCLOSURE OF EX PARTE COMMUNICATIONS:
■ Commissioner O'Grady stated he visited both sites but had no conversations about
them.
■ Commissioner Jack stated he visited the Carl's Jr. site but did not speak with
anyone.
■ Vice Chairperson Fonzi stated she visited both sites and spoke with staff.
■ Chairperson O'Keefe stated she spoke to staff.
■ Commissioner Marks stated he visited both sites but did not have discussions with
anyone.
■ Commissioner Heatherington stated she visited both sites and had correspondence
with staff regarding her proximity to one of the projects.
PUBLIC COMMENT
Maryann Stansfield speaking on behalf of several Dove Creek neighbors expressed
concern with the height of the fence separating their yards from the public sidewalk. For
reasons of safety for their children and pets, privacy, and security for their personal
property, they would like the fences to be six feet.
Joshua Johnson, Dove Creek neighbor, stated he had sent several emails to the City
Council and has not been able to get a clear answer on what to do about the fence
heights. He also was concerned about safety issues with the four foot fence.
Chairperson O'Keefe closed the Public Comment period.
Chairperson O'Keefe asked staff to address the issues raised during the Public
Comment period.
Community Development Director Warren Frace explained that this project is subject to
a Planned Development and all public walkways and open space areas were required
to have a four foot high fence. Centex has been informed by staff that they can approve
a four foot fence with two feet of lattice at the top; however Centex wants to put in a
solid six foot fence. Such a fence would require a Planned Development Amendment,
which Centex decided not to file at this time. Director Frace answered questions of the
Commission.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON OCTOBER 16, 2007.
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2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON NOVEMBER 20, 2007
3. APPROVAL OF THE 2008 PLANNING COMMISSION MEETING SCHEDULE
Items pulled: Commissioner O'Grady Item #3
MOTION: By Commissioner Jack and seconded by Commissioner
O'Grady to approve Items # 1 and 2.
Motion passed 7:0 by a roll -call vote. (Jack abstained on Item
#1)
Item #3
Commissioner O'Grady asked the Commission if they would consider correlating the
summer meeting schedule with that of the City Council, which would reduce meetings to
one per month for July and August.
There was Commission discussion on this suggestion and it was decided to keep the
schedule as presented, with the option of cancelling a meeting if there were no items for
the agenda.
MOTION: By Commissioner O'Grady and seconded by Vice Chairperson
Fonzi to approve Item # 3.
Motion passed 7:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
4. PLN 2007-1230, CONDITIONAL USE PERMIT, 7085 EL CAMINO REAL
Owner:
Atascadero Enterprises, LLC, 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446
Applicant:
CKE Restaurants, Inc, 401 W. Carl Karcher Way, Anaheim, CA 92801
Project Title:
Carl's Jr. Drive-through Restaurant — PLN 2007-1230/CUP 2007-0217
Project
7085 El Camino Real, Atascadero, CA 93422
Location:
APN 030-081-008 (San Luis Obispo County)
Project
The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a drive -
Description:
through restaurant on a currently vacant commercial pad in an existing shopping center. The proposed
restaurant will share the site with the previously approved Lube -n -Go facility, which is currently under
construction. No native trees are proposed for removal and the project will take access from El Camino
Real and off a shared access easement on the adjacent shopping center parcel. The access driveway off of
EI Camino Real will be shared with the Lube -n -Go facility. An exit only driveway is proposed for the
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Senior Planner Kelly Gleason gave the staff report and answered questions of the
Commission. She stated Condition of Approval No. 14 had been revised to read: the
stairs will be eliminated and the ramp will be pivoted back to allow landscaping in front
of the accessible path of travel ramp up to the patio area.
PUBLIC COMMENT
John Murray, applicant's representative, answered questions of the Commission.
Chairperson O'Keefe closed the Public Comment period.
Commissioner Comments:
Commissioner Marks:
1. The APCD and smart growth principles do not support drive through restaurants as
they support vehicle dependency.
2. There are land use and open space element policies addressing higher standards
for signs and gateway attractiveness that the project does not meet.
3. This is an entrance to City and a drive through sends the message to move on and
not stay in the City.
4. This project does not address policies for reduction of pollution and circulation.
5. There are no bicycle facilities in the project.
6. The City has adopted smart growth principles which encourage walkable
communities and a drive through encourages vehicle use.
7. He supports the restaurant but not the drive through feature.
Vice Chairperson Fonzi:
1. Shares Commissioner Marks' concerns regarding drive through's.
2. Was disappointed with this proposal as she was hoping there would be a sit down
restaurant on the site, however, these are individual lots and therefore it is not
possible to put in that kind of restaurant on this site.
3. This is an infill project, which is encouraged with smart growth.
4. Has problems with the City Council not having a policy regarding drive through's,
however, it would be discriminatory against the applicant to single them out.
Commissioner Slane:
1. The project is not visually pleasing as motorists exit the off ramp.
2. In general he does not agree with drive through's and believes it will create an
increase in traffic. However, he stated the Commission must consider that prior
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drive-through component of the restaurant onto El Camino Real.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The
Environmental
proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real,
Determination:
Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday.
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Commission. She stated Condition of Approval No. 14 had been revised to read: the
stairs will be eliminated and the ramp will be pivoted back to allow landscaping in front
of the accessible path of travel ramp up to the patio area.
PUBLIC COMMENT
John Murray, applicant's representative, answered questions of the Commission.
Chairperson O'Keefe closed the Public Comment period.
Commissioner Comments:
Commissioner Marks:
1. The APCD and smart growth principles do not support drive through restaurants as
they support vehicle dependency.
2. There are land use and open space element policies addressing higher standards
for signs and gateway attractiveness that the project does not meet.
3. This is an entrance to City and a drive through sends the message to move on and
not stay in the City.
4. This project does not address policies for reduction of pollution and circulation.
5. There are no bicycle facilities in the project.
6. The City has adopted smart growth principles which encourage walkable
communities and a drive through encourages vehicle use.
7. He supports the restaurant but not the drive through feature.
Vice Chairperson Fonzi:
1. Shares Commissioner Marks' concerns regarding drive through's.
2. Was disappointed with this proposal as she was hoping there would be a sit down
restaurant on the site, however, these are individual lots and therefore it is not
possible to put in that kind of restaurant on this site.
3. This is an infill project, which is encouraged with smart growth.
4. Has problems with the City Council not having a policy regarding drive through's,
however, it would be discriminatory against the applicant to single them out.
Commissioner Slane:
1. The project is not visually pleasing as motorists exit the off ramp.
2. In general he does not agree with drive through's and believes it will create an
increase in traffic. However, he stated the Commission must consider that prior
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Planning Commissions and City Councils had approved what was to be developed
at this site, so he must support this.
3. Questioned if this could be considered infill as one business is being removed to go
into another location, and he believes finding a tenant for the vacant Carl's Jr. may
be problematic.
Commissioner O'Grady:
1. Questioned the desirability of another drive through restaurant in Atascadero
particularly at this location.
2. Referred to the General Plan smart growth principles which aim to attract new
businesses for long term stable economic development, and did not think this
proposal met the discussion on economic development in Atascadero.
3. From an appearance standpoint this is a sensitive and important location as an entry
to Atascadero and a building so close to the street and raised by 30 additional
inches will create a bad situation for that location.
4. Has concerns about traffic safety.
5. This is not the right use for this site. Such CUP requests must be looked at on a
case-by-case basis.
Commissioner Jack:
1. Concerned about traffic safety issues.
2. Expressed concern with the Planning Commission attempting to dictate policy that
falls under the jurisdiction of the City Council, and until the Council has seen fit to
prohibit drive through's, this is not the jurisdiction of the Commission.
Commissioner Heatherington:
1. Could make Findings Nos. 3 and 4, and commented that the APCD has been clear
about the impacts of idling and the pollution it causes.
2. The applicant's comments regarding discouraging pedestrian access from the top of
the site flies in the face of pedestrian friendly development.
3. This area is a gateway to the community and this only invites you to drive through
and get back on the freeway.
4. Has concerns with the circulation plan.
5. Could not support this project for health and safety reasons.
Chairperson O'Keefe:
1. Carl's Jr. is no different from the other franchise restaurants in town and they have
designed an attractive building.
2. As long as the City allows drive through's with a CUP, staff cannot just deny an
applicant.
3. Does not like drive through's however, they are an allowable use, so it is up to the
Commission to tell the Council they are having a problem with this.
4. Does not have a problem with pedestrian access to the restaurant.
5. Has concerns regarding the traffic circulation, and can foresee a lot of accidents at
the entrance/exit areas.
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PUBLIC COMMENT
Stuart Voltz, Carl's Jr. representative, stated it was his understanding that this use was
approved under the previous Lube N Go CUP. He indicated there is a traffic report that
has addressed circulation in conjunction with the entire center, and what is proposed
complies with the recommendations of that report. He further stated that the company
would not go ahead with the application if the drive through were not approved. Mr.
Voltz answered questions of the Commission.
Adam Scattini, co-owner of the project site, stated he knew this could be an issue when
he went before the Commission with the last amendment to his use permit. He
explained that he has been negotiating with the applicant for a long time, and had
requested that their site be approved for a pad with a drive through, which he believes
the Commission had approved.
Chairperson O'Keefe closed the Public Comment period.
Deputy Community Development Director Steve McHarris explained that at the time the
Lube N Go project was before the Commission the applicant, who owns entire site, was
anticipating a drive through restaurant, but no application had been received. One
component of the Lube N Go approval was that if a future CUP was applied for, a drive
through exit in the location shown tonight would be acceptable.
MOTION: By Commissioner Slane and seconded by Commissioner Jack
to adopt Resolution PC 2007-0098, certifying the Proposed
Mitigated Negative Declaration and approving the request for a
Conditional Use Permit to construct a drive-through restaurant
on an existing vacant commercial pad in a commercial retail
zone with staff's amendments to Condition #14, and applicant
to stay within the limits for signage as proposed by the city.
Motion passed 4:3 by a roll -call vote. (O'Grady, Heatherington,
Marks opposed)
5. PLN 2007-1216, CONDITIONAL USE PERMIT FOR 7580 CASTANO AVE.
Owner:
Leonard Byrd, 7580 Castano Ave., Atascadero, CA 93422
Project Title:
PLN 2007-1216 / Conditional Use Permit 2007-0215
Project
7580 Castano Ave., Atascadero, CA 93422
Location:
APN 029-141-015 (San Luis Obispo County)
Project
The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a front
Description:
setback reduction for on a sloping lot an oversized garage. The garage is proposed at 680 square feet,
which exceeds 50% of the size of the main residence on site, and therefore requires Planning Commission
approval.
General Plan Designation: Single Family Residential -Y
Zoning District: Residential Single Family -Y
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Proposed Exempt per CEQA Section 15303: New Construction or Conversion of Small Structures
Environmental
Determination:
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Leonard Byrd, applicant, stated that once he received the stop work order, no other
work was done, and he addressed several issues raised by the Commission. Mr. Byrd
answered questions of the Commission.
Chairperson O'Keefe closed the Public Comment period.
Chairperson O'Keefe stated she has a problem with regard to this fitting into the
character of the neighborhood. She believes the patio area does not fit in, but if the
garage was made to look like a garage with a slant to the roof and finished off, it would
not exceed the size and fit in with the neighborhood and under those circumstances she
could approve the setback.
Commissioner Heatherington stated she could vote for this if the top was taken off to
make the garage more conventional looking.
MOTION: By Chairperson O'Keefe to approve the Conditional Use Permit for
the front setbacks and to deny the Use Permit for the additional
flooring.
The motion died for lack of a second.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Slane to approve the front set back exception and approve the
Conditional Use Permit with modifications to the structure to
allow the applicant to have the patio as long as it is enclosed
with a railing only and not enclosed with a wall, and that the
applicant also put a door on the garage.
Motion passed 4:3 by a roll -call vote. (O'Grady, Heatherington,
O'Keefe opposed)
COMMISSIONER COMMENTS AND REPORTS
Commissioner Heatherington recommended that when Chairperson O'Keefe and Vice
Chairperson Fonzi have the joint meeting with the Mayor and Mayor Pro Tem they bring
up the issue of drive through's.
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Commissioner Marks thanked staff for the follow up on his comments last week
regarding business signs, and spoke about the proliferation of a -frame signs along EI
Camino Real. Community Development Director Warren Frace explained that sign
enforcement is complaint driven, and that the Code Enforcement Officer has been out to
the specific businesses discussed a number of times.
Chairperson O'Keefe questioned the clouded title on Traffic Way Park. Director Frace
stated he briefed the new City Attorney on this issue. The City Attorney is of the opinion
that the assessor's interpretation of how the map was worded is incorrect and that the
title deed for that property should be conveyed to the City.
DIRECTOR'S REPORT
Community Development Director Frace stated the City Clerk has received a notice of
intent to file an initiative to create restrictions on big box stores in Atascadero, limiting
the area of non-taxable grocery items. Director Frace Introduced Regan Candelario,
consultant from Tierra West, who will be working with the City on a housing strategy for
spending the housing redevelopment monies and the in -lieu fees created through the
City's Inclusionary Program.
Mr. Candelario addressed the Commission.
Director Frace announced that staff is working on a matrix of all zoning land uses, and
is planning a Study Session report for a future agenda. Director Frace reviewed the
agenda for the January 15th Planning Commission meeting.
ADJOURNMENT
Chairperson O'Keefe adjourned the meeting at 9:15 p.m. to the next regularly
scheduled meeting of the Planning Commission on January 15, 2008.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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