HomeMy WebLinkAboutPC Minutes 01-15-08CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, January 15, 2008 — 7:00 P.M.
Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Marks
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, and Associate Planner
Callie Taylor.
Chairperson O'Keefe read the decorum guidelines.
PLANNING COMMISSION BUSINESS
Commissioner O'Grady spoke about the Conditional Use Permit approved at the last
meeting for a drive through restaurant on EI Camino Real, and read from the January
16, 2007 staff report for the site clarifying that a drive through had not been approved at
that time. Commissioner O'Grady suggested that the Commission's decision on the
drive through could be reconsidered in light of the information he provided and asked if
the prevailing Commissioners would be interested in reconsidering this decision. The
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prevailing Commissioners chose not to move for a reconsideration of their prior
decision.
APPROVAL OF AGENDA
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Jack to approve the agenda.
Motion passed 7:0 by a roll -call vote.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Commissioner Marks stated he visited the sites for Items #2, 4, and 5, but did not talk
with anyone.
Chairperson O'Keefe stated that when she went to the site for Item #2 the applicants
were at home and she spoke with them.
Commissioner O'Grady stated he tried to get background information regarding the prior
Council direction on Item #5 and spoke with Mayor Brennler and Mayor Pro Tem
Beraud.
PUBLIC COMMENT
Orem
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON DECEMBER 18, 2007.
2. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2004-0065,
6910 NAVAJOA AVE., (YOUNG/VAUGHN)
MOTION: By Commissioner Heatherington and seconded by
Commissioner Marks to approve Items # 1 and 2.
Motion passed 7:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
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PUBLIC HEARINGS
3. PLN 2007-1262, CONDITIONAL USE PERMIT, 13765 MORRO ROAD
Owner-
James W. Smith, Midstate Properties, 1320 Archer St., San Luis Obispo, CA 93401
Applicant:
Kristen M. Silva, 13765 Old Morro Rd., Atascadero, CA 93422
Project Title:
PLN 2007-1262/CUP 2007-0222
Project Location:
13765 Old Morro Road, Atascadero, CA 93422
(San Luis Obispo County) APN 055-311-018
Project
An application for a Conditional Use Permit to establish a dog kennel within an existing
Description:
residence. The application includes dog runs and kennels for the purpose of selling
puppies. All facilities are existing and there will not be any additional construction.
Proposed
Class 1, Categorical Exemption Section 15301: Existing Facilities
Environmental
Determination:
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Kristen Silva, applicant, explained why she was requesting the Use Permit, and
answered questions of the Commission.
Brandon Silva, applicant, answered questions of the Commission.
Tony Merrill, neighbor to this site, spoke in support of the applicants and their project.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner Jack and seconded by Commissioner Marks
to adopt Resolution PC 2008-0002 approving Minor
Conditional Use Permit 2007-0222 based on findings and
subject to Conditions of Approval.
Motion passed 7:0 by a roll -call vote.
4. PLN 2007-1271, CONDITIONAL USE PERMIT AMENDMENT, 5000 SAN PALO
Owner:
San Palo Partners, LLC c/o Ogden & Fricks, LLP, 656 Santa Rosa Street, 2"
Floor, San Luis Obispo, CA 93401
Applicant:
Bill Royer, 1375 Lincoln Lane, Lemoore, CA 93245
Project Title-
PLN 2007-1271/CUP Amendment for CUP 1999-002
Project Location•
5000 San Palo Road, Atascadero, CA 93422
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Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Bill Royer, applicant, explained why he was requesting the amendment and answered
questions of the Commission.
Richard Shannon stated he had been working with the applicant for the past year and
that this site is highly suitable for this business, which would be an asset for the
community.
Joanne Main, President/CEO Chamber of Commerce, expressed her support for this
process and for the applicant.
Chairperson O'Keefe closed the Public Comment period.
There was Commission discussion regarding the other allowed uses for this site.
PUBLIC COMMENT
Bill Royer clarified issues raised during the Commission's discussions and answered
their questions.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner O'Grady and seconded by Commissioner
Slane to adopt Resolution PC 2008-0003 approving PLN 2007-
1271 based on findings and subject to Conditions of Approval,
and that "sales lots" consist of any outdoor sales area for
permanent display of boats, and recreational and/or utility boat
trailers.
Motion passed 7:0 by a roll -call vote.
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(San Luis Obispo County) APN 049-225-008
Project
An application for an Amendment to Conditional Use Permit 1999-002 to allow
Description:
sales and service of boats on a site currently approved and developed for
automobile sales.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Tourist (CT)
Proposed
Class 1, Categorical Exemption Section 15301: Existing Facilities
Environmental
Determination:
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Bill Royer, applicant, explained why he was requesting the amendment and answered
questions of the Commission.
Richard Shannon stated he had been working with the applicant for the past year and
that this site is highly suitable for this business, which would be an asset for the
community.
Joanne Main, President/CEO Chamber of Commerce, expressed her support for this
process and for the applicant.
Chairperson O'Keefe closed the Public Comment period.
There was Commission discussion regarding the other allowed uses for this site.
PUBLIC COMMENT
Bill Royer clarified issues raised during the Commission's discussions and answered
their questions.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner O'Grady and seconded by Commissioner
Slane to adopt Resolution PC 2008-0003 approving PLN 2007-
1271 based on findings and subject to Conditions of Approval,
and that "sales lots" consist of any outdoor sales area for
permanent display of boats, and recreational and/or utility boat
trailers.
Motion passed 7:0 by a roll -call vote.
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5. PLN 2007-1197, PLN 2007-1243, PLN 2007-1251, 6905 NAVAJOA AVE.
PLANNED DEVELOPMENT
Owners:
Lot 1: Atascadero Homeowners, LLC, Kelly Gearhart, 6205 Alcantara Avenue,
Atascadero, CA 93422
Lots 2 & 3: MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423
Applicants:
General Plan Amendment: City of Atascadero, 6907 EI Camino Real, Atascadero, CA
93422
Planned Development Project: Adamski, Moroski, Madden & Green, LLP, P.O. Box
3835, San Luis Obispo, CA 93403
Project Title:
PLN 2007-1243 / PLN 2007-1251/ PLN 2007-1197
General Plan Amendment for Atascadero Avenue 11 -Unit Residential Planned
Development
Project Location:
6905 Navajoa Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 030-283-005; Lots 1, 2, and 3
Project
The project consists of an application for a City initiated General Plan Text
Description:
Amendment, Land Use Diagram Amendment, and Zoning Map Amendment. The
project site is approximately 1.9 acres and consists of three parcels. The General
Plan Land Use designation on Lot 1 would be changed from Recreation to High
Density Residential. Currently, the General Plan requires that the project site be
developed with a Master Plan of Development, including a minimum'/2 acre park on
Lot 1. This application proposes to amend the Master Plan of Development to
remove the requirement for a '/2 acre park, and allow two residential units on Lot 1.
Two separate applications have been submitted for the development of the parcels.
1. Lot 1: A PD -7 Overlay is proposed on Lot 1. A Parcel Map is included which
proposes to create three parcels, two of which will be developed with single-family
residences, and the third is proposed as a private park.
2.) Lots 2 & 3: The project proposes a PD -7 Overlay with nine single-family units.
The project includes a tree removal application for 8 Black Walnuts, totaling 310
inches DBH.
Lot sizes in both projects range from 5700-8700 sq. ft. The residences are
proposed at approximately 1567 sq. ft. with two -car garages. A total of 4,040 cu.
yards of fill will be required to develop the 11 units. Drainage basins are
incorporated into the site plan and the residences would connect to City sewer.
General Plan Designation: High Density Residential (HDR) & Recreation (REC)
Zoning District: Residential Multi -Family -16 (RMF -16) & Recreation (L)
Proposed
Based on the Initial Study prepared for the project, a Negative Declaration is
Environmental
proposed. The proposed Negative Declaration is available for public review from
Determination:
December 27, 2007 through January 15, 2008 at 6907 EI Camino Real, Community
Development Department, from 8 a.m. to 5 p.m., Monday through Friday.
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Ty Green, applicant's representative, stated there would be no homeowners association
for this project, spoke about the buffer area, and explained why the original park idea
has gone away. Mr. Green answered questions of the Commission.
Kelly Gearhart, applicant, answered questions of the Commission.
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Sharon Turner stated her support for the development of this site and asked several
questions regarding traffic safety, the need for stop signs to slow traffic, noise buffers
and the fence proposed for the site.
Brian Newsome expressed concern regarding the corner of the landscape buffer and
the drainage at that site. Mr. Newsome asked for a condition that the drainage in the
area be looked at seriously.
Kelly Gearhart addressed traffic and drainage issues raised by the previous speakers.
Sharon Turner asked about a homeowners association for the project and if the road
could be paved on all three sides.
Chairperson O'Keefe closed the Public Comment period.
City Engineer Steve Kahn addressed issues raised during the Public Comment period.
Commissioner Heatherington stated she had a hard time getting past 1/10 of an acre
not being for the public, and questioned if it would be a gift of public funds.
Community Development Director Frace stated this was not a gift of public funds and
explained the requirement under the city's ordinances and sub division map act.
Commissioner O'Grady spoke of the vision of the General Plan and stated the
elimination of the public park at this location is a cut to that plan. He commented that
the benefits of this project were dubious and was concerned with the slow housing
market at this time and its affect on this project. In addition he stated that given the
amount of money the Council has been authorizing for consultants, the maintenance
costs for this park was not a burden; rather it was a question of priorities.
Chairperson O'Keefe recessed the hearing at 9:25 p.m.
Chairperson O'Keefe called the meeting back to order at 9:30 p.m.
MOTION: By Commissioner Slane and seconded by Commissioner Jack
to adopt Resolution PC 2008-0004 recommending that the City
Council certify Proposed Mitigated Negative Declaration 2007-
0027; and, adopt Resolution PC 2008-0005 recommending that
the City Council approve General Plan Amendment 2007-0019,
amending the development requirements identified in General
Plan Table 11-5, Master Plan of Development Overlay #12:
"Atascadero Avenue Triangle," and changing the General Plan
Land Use Designation on Lot 1 of APN 030-283-005 from
Recreation (REC) to High Density Residential (HDR); and,
adopt Resolution PC 2008-0006 recommending that the City
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Council introduce an Ordinance for first reading by title only,
to approve Zoning Map Amendment 2007-0140, changing the
Atascadero Municipal Code Zoning Designation on Lot 1 of
AON 030-283-005 from Recreation (L) to Residential Multi-
family, with 16 units per acre (RMF -16); and, adopt Resolution
PC 2008-0007 recommending that the City Council introduce
an Ordinance for first reading by title only, to approve Zone
Change 2007-0145 to allow a 9 -unit PD -7 and Zone Change
2007-0146 to allow a 2 -unit PD -7 based on findings; and, adopt
Resolution PC 2008-0008 recommending that the City Council
approve Conditional Use Permit 2007-0208 (Master Plan of
Development for 9 -unit PD -7) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and, adopt
Resolution PC 2008-0009 recommending that the City Council
approve Tentative Tract Map 2007-0101 to create nine parcels
on Lots 2 and 3, based on findings and subject to Conditions
of Approval and Mitigation Monitoring. Adopt Resolution PC
2008-0010 recommending that the City Council approve
Conditional Use Permit 2007-0219 (Master Plan of
Development for 2 -unit PD -7 and private park) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring; and, adopt Resolution PC 2008-0011
recommending that the City Council approve Tentative Parcel
Map 2007-0091 to create three parcels on Lot 1, based on
findings and subject to Conditions of Approval and Mitigation
Monitoring. The following changes will be made to the
conditions:
1. A traffic warrant study to be done concerning Atascadero
Avenue and San Andreas streets and how traffic impacts
that.
2. Reduce the fence size of the buffer zone to five foot.
3. Accept the staff recommendations for the change of colors
and architecture
4. Conditions No. 9, of both the Master Plan of Development
and Map shall read: All tract maintenance costs listed
below shall be 100% funded by the project in perpetuity.
The bulleted list to remain unchanged.
5. Conditions No. 10 of both the Master Plan of Development
and Map shall read: The private open space feature at the
corner of Atascadero Avenue and San Andreas shall be
maintained and owned by the property owner. All
landscape shall be maintained in good condition and the
site shall be kept free of litter and graffiti.
Motion passed 5:2 by a roll -call vote. (O'Grady, Heatherington
opposed)
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COMMISSIONER COMMENTS AND REPORTS
Vice Chairperson Fonzi asked if the Eagle Ranch workshop would be recorded.
Community Development Director Warren Frace explained that the workshop was
completely developer/applicant driven and he did not know if it would be recorded or if
notes would be available.
Commissioner Marks questioned how many Commissioners would be present for the
February 5th meeting as it falls on Election Day. It was determined there would be
sufficient Commissioners present for the meeting.
Director Frace reviewed the agenda for the next meeting.
There was Commission consensus that the election for Commission Chair and
Vice Chair would be held at the second meeting in February.
DIRECTOR'S REPORT
Community Development Director Warren Frace announced that the neighborhood
meeting for the Eagle Ranch project would be held on Thursday, 6:30 p.m. at the Lake
Pavilion. Director Frace distributed a matrix on all uses within the zoning ordinance and
asked the Commission to review the information and forward input to staff. There will
be a Planning Commission workshop in Los Angeles in March sponsored by UCLA;
Commissioners interested in attending should inform Director Frace or Annette Manier.
Director Frace gave an update on the Office Depot project at Mission Oaks and the
window issue.
ADJOURNMENT
Chairperson O'Keefe adjourned the meeting at 9:54 p.m. to the next regularly
scheduled meeting of the Planning Commission on February 5, 2008.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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