HomeMy WebLinkAboutPC Minutes 06-17-08CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, June 17, 2008 — 7:00 P.M.
Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner O'Grady
led the Pledge of Allegiance.
R(ll I rAl I
Present: Commissioners Heatherington, O'Grady, Jack, O'Keefe, and
Chairperson Fonzi
Absent: Commissioners Marks (excused absence)
Staff Present: Community Development Director Warren Frace, Public Works
Director / City Engineer Steve Kahn, Deputy Community
Development Director Steve McHarris, Senior Planner Kelly
Gleason, Associate Planner Callie Taylor, and Administrative
Assistant Annette Manier.
PLANNING COMMISSION BUSINESS
Chairperson Fonzi thanked Commissioner Greg Slane for his service as a Planning
Commissioner.
A. ADMINISTRATION OF OATH OF OFFICE
City Clerk Marcia Torgerson administered the Oath of Office to new Planning
Commissioner, Heather Moreno.
PC Minutes 06/17/08
Page 1 of 14
B. SELECTION OF VICE CHAIRPERSON
MOTION: By Chairperson Fonzi and seconded by Commissioner
O'Keefe to nominate Sandy Jack to service as Vice
Chairperson.
Motion passed 6:0 by a roll -call vote.
APPROVAL OF AGENDA
MOTION: By Vice Chairperson Jack and seconded by Commissioner
Heatherington to approve the agenda.
Motion passed 6:0 by a roll -call vote.
PUBLIC COMMENT
Council Member Tom O'Malley thanked Greg Slane for his service on the Commission.
Tom also thanked Heather Moreno for accepting the position as Planning
Commissioner to replace Greg Slane.
Chairperson Fonzi closed the Public Comment Period
DISCLOSURE OF EX PARTE COMMUNICATIONS:
■ Vice Chairperson Jack stated he visited three sites, West Front, Navajoa, and San
Palo.
■ Chairperson O'Grady stated he visited all the sites and spoke to no one.
■ Commissioner O'Keefe stated she spoke to the owners of the Lube -N -Go site, 7095
EI Camino Real, and the West Front site.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON APRIL 15, 2008
MOTION: By Commissioner O'Grady and seconded by Commissioner
Heatherington to approve the minutes.
Motion passed 4:0 by a roll -call vote. (Jack, Moreno abstained)
PC Minutes 06/17/08
Page 2 of 14
PUBLIC HEARINGS
CONTINUED BUSINESS:
2. PLN 2008-1279, CONDITIONAL USE PERMIT FOR 9435 EL BORDO AVE.
Property
Alfred & Tamara Clark, 9535 Carmel Rd., Atascadero CA 93422
Owner/Applicant:
Project Title:
PLN 2008-1279 / Conditional Use Permit 2008-0226 Care Home
Project
9435 EI Bordo Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-442-009
Project
The proposed project consists of an application for a Conditional Use Permit to convert
Description:
an existing 3,550 sq. ft. residence to a residential care home. The care home is
proposed for a maximum of twelve people and shall be used for elderly care. There are
no additions or major changes proposed for the property. Site improvements include
landscaping and modifications to the residence to comply with the occupancy
requirements for a care facility. The property is served by City sewer.
General Plan Designation: Single Family Residential (SFR -Z)
Zoning District: Residential Single Family (RSF-Z)
Proposed
Based on the Initial Study prepared for the project, a Negative Declaration is proposed.
Environmental
The proposed Negative Declaration is available for public review from 5/15/08 through
6/3/08 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to
Determination:
5:00 p.m., Monday through Friday.
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Al Clark, owner/applicant, explained the reasons for requesting a residential care facility
at this location, and asked for exceptions to the Conditions of Approval in relation to the
landscape buffer, street trees, chain link fence, and trash enclosure. Mr. Clark answered
questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
There was Commission discussion regarding the applicants' request for changes to the
Conditions of Approval.
MOTION: By Chairperson O'Keefe and seconded by Commissioner
Heatherington to adopt Resolution PC 2008-0028 approving
PLN 2008-1279, Conditional Use Permit 2008-0226, and
certifying proposed Negative Declaration 2008-0010 based on
findings and conditions of approval, and removing the
requirement for the landscaping in the backyard.
Motion passed 6:0 by a roll -call vote.
PC Minutes 06/17/08
Page 3 of 14
NEW BUSINESS:
3. PLN 2008-1290, CUP AMENDMENT, 10630 W. FRONT ROAD CARE FACILITY
Property Owner:
Barbara Bell, 857 Leff Street, San Luis Obispo, CA 93401
Applicant:
William Vaughn, PO Box 554, Grover Beach, CA 93483
Shirley Barratt, 2388 Lopez Dr., Arroyo Grande, CA 93420
Project Title:
PLN 2008-1290 / Amendment to CUP 2000-0004
Project
10630 W. Front Street, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 045-353-007
Project
An application for a Conditional Use Permit Amendment is being processed in order to
Description:
correct the discrepancy between the previously approved Conditional Use Permit and the as -
built structure. The current CUP Amendment does not propose a change of use or a change
to the number of clients at the facility. The applicant is proposing a Residential Care Facility
which would serve no more than (15) fifteen senior residents, consistent with the original
2000 Conditional Use Permit approval. The Amendment is being processed for review of the
size of the as -built building, a new landscape plan, revised fencing, and proposed signage.
General Plan Designation: Rural Estates (RE)
Zoning District: Residential Suburban (RS)
Proposed
Consistent with Certified Mitigated Negative Declaration 2000-037
Environmental
Determination:
Chairperson Fonzi announced that she finds it necessary to step down from
consideration of this item because she is an employee of Century 21, the listing agency
for the property, and although she will receive no benefit because of the sale, she wants
to avoid the appearance of impropriety.
Associate Planner Callie Taylor gave the staff report and explained the history of the
project.
Vice Chairperson Jack asked staff to explain to the Commission how the building size
changed, and how this could be prevented in the future.
Deputy Community Development Director Steve McHarris explained the CUP and
building permit process, and how the building footprint expanded.
PC Minutes 06/17/08
Page 4 of 14
PUBLIC COMMENT
William Vaughn, applicant, explained why he is bringing this proposal before the
Planning Commission. He explained that the facility was built specially to house elderly
people, and has been underutilized for 5 years. He is now willing to invest the money to
see the project through.
Bob Hubbell, Century 21 Hometown Realty, listing agent for the facility, explained that
the project has been in escrow more than 5 times. He said there are 8 investors who
own the project who are in the audience tonight. The reason they are there, is to
discuss the square footage discrepancy, which is human error, and he would like to see
the project move forward.
Dave Garibay, 10610 West Front St., neighbor, stated that conditions of approval on the
original CUP were not followed, and he would like the Commission to resolve these
issues and the new items on the CUP. He said these violations are negligence and the
City should make restitution. (Exhibit A)
Eddie Sapien, 10620 West Front St., neighbor, spoke about his concerns with the
insurance and liability on the private easement. He stated that their insurance policies
may be declined or cancelled, and he asked the Commission to look into these issues
before a decision is made.
Lyne Bloomfield, San Gabriel Road, said she drives by the facility every day, and can
see that the building looks completed, but it is vacant. She would like to see the building
occupied.
David Graves, builder, explained that the project had a CUP, but no plans when he built
it. He had hired an engineer, and in order to meet all the requirements, it ended up
bigger than what the CUP called for. Today, he supports seeing it occupied, especially
since someone wants to make the facility an exceptional place.
Kristen Crabtree, Century 21 Hometown Realty, and listing agent for Shirley Barratt,
and Randy Vaughan, stated that Shirley's intentions are to run a profitable business and
she supports approval of the project.
Jim Shannon, Atascadero resident, said that he supports having loved ones closer if
they need to go into a facility to make it better for a family to deal with, therefore, he
supports the project moving forward.
Vice Chairperson Jack closed the Public Comment period.
PC Minutes 06/17/08
Page 5 of 14
Commissioner comments:
Commissioner Heatherington:
1. Asked staff for clarification from staff on the liabilities issues on the easement
and if this has been addressed through the City Attorney.
Commissioner O'Keefe:
1. Feels it is important that this building be occupied.
2. Asked what is involved in putting in hooded lighting.
3. Would like to see native tree planting to be used as a buffer.
Commissioner Heatherington:
1. Would like to see the building occupied.
Commissioner Moreno:
1. Asked about changes in the paving and curbs in the parking lot.
Commissioner O'Grady:
1. Asked staff to give responses to the neighbors' concerns.
Vice Chairperson Jack:
1. Would like to see a change in the lighting.
2. The size of the sign seems too large.
Deputy Community Development Director Steve McHarris and Associate Planner Callie
Taylor answered questions and provided clarification to the Commission.
Public Works Director/City Engineer Steve Kahn answered questions regarding the
curbs and provided clarification to the Commission.
MOTION: By Commissioner O'Grady and seconded by Commissioner
Heatherington to adopt Resolution PC 2008-0031 approving
PLN 2008-1290 amending CUP 2000-0004 based on findings
and subject to conditions of approval with the following
additional Conditions of Approval: 1. Construct a screen wall
around the rooftop HVAC units as required by City staff. 2.
Replace existing wall mounted light fixtures over all sliding
doors with hooded type that blocks horizontal component of
light 3. Plant 20 additional minimum 5 -gallon mixed varieties of
oaks outside of the metal fencing area and outside of leach
field. 4. Maintain the existing landscape outside new wrought
iron fence to remain and be maintained.
Motion passed 5:0 by a roll -call vote. (Fonzi abstained)
PC Minutes 06/17/08
Page 6 of 14
Vice Chairperson Jack recessed the hearing at 8:40 p.m.
Chairperson Fonzi called the meeting back to order at 8:45 p.m.
4. PLN 2099-0305, AMENDMENT TO CUP 2004-0144,7095 EL CAMINO REAL
Property Owner:
Atascadero Enterprises, 2505 Theatre Drive, Paso Robles, CA 93446
Project Title:
PLN 2099-0305 / Amendment to Conditional Use Permit 2004-0144
Project Location:
7095 EI Camino Real, Atascadero, CA 93422
(San Luis Obispo County) APN 030-081-046
Project
The proposed project consists of an Amendment to remove the front patio trellis and
Description•
modify the project signage.
General Plan Designation: GC
Zoning District: CR
Proposed
Consistent with previously certified Mitigated Negative Declaration
Environmental
Determination:
Commissioner O'Grady recused himself from consideration of the item and cited the
reason given would be the same as the one given at the previous meeting (because for
reasons of bias and his interpretation of the ethics law, which prevent him from
considering this application objectively.)
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Joe Simonin and Adam Scattini, owners/applicants, answered questions of the
Commission.
Chairperson Fonzi closed the Public Comment period.
Commissioner O'Keefe said the project has been designed and redesigned, and each
time, it has improved. She would like to see the Commission support this project.
MOTION: By Vice Chairperson Jack and seconded by Commissioner
O'Keefe to adopt Resolution PC 2008-0033 approving an
Amendment to Conditional Use Permit 2004-0144, amending
PC Minutes 06/17/08
Page 7 of 14
Master Plan of Development based on findings and subject to
conditions of approval.
Motion passed 5:0 by a roll -call vote. (O'Grady abstained)
5. PLN 2099-0012, AMENDMENT TO CONDITIONAL USE PERMIT 2002-0082,
CONEJO AND SAN RAMON RD.
Property Owner:
Colony Investments, LLC, 7305 Morro Road, Ste. 200, Atascadero CA 93422
Project Title:
PLN 2099-0012 / Amendment to CUP 2002-0082
Project
6140 Conejo Rd, 2225, 2215, 2205 San Ramon Rd., Atascadero, CA 93422
Location•
(San Luis Obispo County) APN 049-193-029-032, 033, 034
Project
The proposed project consists of an amendment to the Master Plan of Development to
Description:
reduce the size of the units on 4 existing lots (Lots 51, 54, 55, and 56). Originally
approved floor plans and elevations will be used.
General Plan Designation: SFR -Y
Zoning District: RSF-Y
Proposed
Consistent with previously certified Mitigated Negative Declaration
Environmental
Determination:
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
None
Chairperson Fonzi closed the Public Comment period.
Commissioner O'Grady asked if neighbors were notified of these proposed changes,
and, if percent reduction in square footages may have an impact on property values.
Senior Planner Kelly Gleason stated that the project followed standard noticing
procedures.
Chairperson Fonzi explained that as a general rule, the value of a house is based on
square footage, so there could be a minor impact on the house values.
PC Minutes 06/17/08
Page 8 of 14
MOTION: By Vice Chairperson Jack and seconded by Commissioner
Moreno to adopt Resolution PC 2008-0032 approving an
Amendment to Conditional Use Permit 2002-0082, to allow
alternate models on Lots 51, 54, 55, and 56 as submitted.
Motion passed 6:0 by a roll -call vote.
6. PLN 2007-1217, TENTATIVE PARCEL MAP FOR 7845 NAVAJOA AVE.
Property Owners:
Zachary & Michelle Missler, 1717 Singletree Ct., SLO, CA 93405
Truitt Vance, 6679 Morro Road, Atascadero, CA 93422
Project Title:
PLN 2007-1217 / Tentative Parcel Map 2007-0090
Project
7845 Navajoa Ave., Atascadero, CA 93422
Location•
(San Luis Obispo County) APN 031-183-004
Project
The proposed project consists of a Tentative Parcel Map to create three condominium lots
Description:
on multifamily parcel. All three units are proposed as new construction. The project will
connect to City sewer.
General Plan Designation: Medium Density Residential (MDR)
Zoning District: Residential Multifamily —10 (RMF -10)
Proposed
Categorical Exemption Class 32 Sec. 15332 (Infill Development) and Class 15 Sec. 15315
Environmental
(Construction or Conversion of Small Structures)
Determination:
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
Commissioner O'Grady asked for clarification in regards to dwelling units, restrictions,
and the definition in the General Plan.
Senior Planner Kelly Gleason provided clarification and stated that the City could look
into any inconsistencies.
Chairperson Fonzi asked for clarification in regards to the color board, and location of
the front doors.
Associate Planner Callie Taylor handed out the color board and discussed location of
the doors.
PUBLIC COMMENT
Truitt Vance, 5670 Violeta Avenue, Atascadero, applicant, spoke about the project, and
answered questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
PC Minutes 06/17/08
Page 9 of 14
Commissioner O'Keefe said that on the adjacent commercial project, the oleanders are
growing out onto the sidewalk, and asked what enforcement the City has so that people
can use the sidewalk.
Public Works Director/City Engineer Steve Kahn said that the City does have a
requirement that the property owner keep the sidewalk free and clear, and his staff will
contact the property owner in writing.
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Jack to adopt Resolution PC 2008-0034 approving PLN 2007-
1217/Tentative Parcel Map 2007-0090 establishing three
airspace units on one common lot based on findings and
subject to conditions of approval. A condition will be added
that the garage doors will be painted a color to compliment
other colors that are there, specifically not white, and that staff
will make the final determination.
Motion passed 6:0 by a roll -call vote.
7. PLN 2008-1295, AMENDMENT TO CUP 1999-0002,4800-4900 SAN PALO ROAD
Property Owner:
Gary Gramspacher, PO Box 841, Clayton, CA 94517
Applicant:
Manufactured Home Sales of Calif. Inc., Atascadero, CA
Project Title:
PLN 2008-1295 / Amendment to CUP 1999-0002
Project
4800, 4900 San Palo Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 049-225-008
Project
The proposed project Amendment consists of application to add retail sales of
Description:
manufactured home and RV's as approved uses under the Conditional Use Permit.
Conditional Use Permit 1999-0002 was previously approved to allow auto sale and boat
sales on the lot.
General Plan Designation: General Commercial
Zoning District: Commercial Tourist
Proposed
Class 1 Categorical Exemption — Existing facilities
Environmental
Determination:
Associate Planner Callie Taylor gave the staff report and stated that the property in
question tonight is only 4800 San Palo, a vacant lot, and not the adjacent lot which was
previously approved for boat sales. Associate Planner Callie Taylor answered questions
of the Commission.
PC Minutes 06/17/08
Page 10 of 14
Commissioner comments:
Commissioner O'Keefe:
1. Concerned about maintenance of the landscaping after a lease terminates
and what happens if the landscape isn't maintained.
Commissioner Heatherington:
1. Asked if the Commission could condition the number of manufactured homes
on the lot, and native plants.
Commissioner O'Grady:
1. Has concerns with visualizing how manufactured homes could navigate these
roads, road driveway blockage, and safety issues.
2. There is an old Mitsubishi sign on the property.
Vice Chairperson Jack:
1. Concerned with the hours of moving the manufactured homes in the area
since these are busy intersections.
Chairperson Fonzi:
1. Asked about the route for the mobile homes.
Public Works Director/City Engineer Steve Kahn said staff has visited the site, and he
doesn't see any problems with the mobile homes on this property. Also, the highways
are designed for large vehicles. Oversize load approval from CHP and Public Works
permits would be required.
PUBLIC COMMENT
Sal Urena, applicant from Madera, California, spoke about the project and answered
questions of the Commission. He explained that the transporter already evaluated the
route, and would obtain the transportation permits, (which include limitations on when
they can transport.) As far as the landscaping, he has an agreement w/the property
owner to maintain the landscaping. His plan is to use the existing pole sign and change
the face of the sign. Models will be skirted in areas that are exposed to the public.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner Heatherington and seconded by
Commissioner Fonzi to adopt Resolution PC 2008-0036
approving PLN 2008-1295 an Amendment to Conditional Use
Permit 1999-0002 based on findings and subject to conditions
PC Minutes 06/17/08
Page 11 of 14
of approval. A condition will be added to add that low-lying
native plants will be planted on-site, the Mitsubishi sign will be
removed, and only new manufactured homes and Rvs are to
be permitted on-site, and the public areas are skirted.
Motion passed 6:0 by a roll -call vote.
8. PLN 2006-1160 TENTATIVE TRACT MAP 7705 SANTA YSABEL AVE.
Property Owner:
Royce Construction & Development, Inc., 10780 Vista Road, Atascadero, CA 93422
Project Title•
PLN 2006-1160 / Tentative Tract Map 2006-0096
Project
7705 Santa Ysabel Ave, Atascadero, CA 93422
Location•
(San Luis Obispo County) APN 030-101-042
Project
The project proposes a Tentative Tract Map to create four condominium units. There is
Description:
one existing residence which is proposed to be renovated. Three additional units are
proposed to be constructed at the back of the lot. All four units will share a common
driveway. The project is served by City sewer.
General Plan Designation: High Density Residential (HDR)
Zoning District: Residential Multifamily— 16 (RMF -16)
Proposed
Categorical Exemption Class 32 Sec. 15332 (Infill Development) and Class 15 Sec. 15315
Environmental
(Construction or Conversion of Small Structures)
Determination:
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
Commissioner O'Keefe stated that the columns appear to block the view and wanted to
know if they could be removed.
PUBLIC COMMENT
Royce Eddings, 10780 Vista Road, applicant, spoke about the project and answered
questions of the Commission. He explained that he tried to bring some Colony elements
to the project to make it compatible with the neighborhood. As far as the columns in the
front, having to change this now would require a structural engineer, a change in the
plans, a substantial expense, and a big process for him to go through. He asked the
Commission to consider approving the project the way it is currently submitted.
Commissioner O'Keefe withdrew her condition for the columns.
PC Minutes 06/17/08
Page 12 of 14
Public Works Director/City Engineer Steve Kahn would like a condition added that the
applicant coordinate early with the Post Office to include a 4 -foot path of travel along the
entire property frontage.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Vice Chairperson Jack and seconded by Commissioner
O'Keefe to adopt Resolution PC 2008-0035 approving Tentative
Tract Map 2006-0096, establishing 4 airspace condominium
units on one common lot based on findings and subject to the
following conditions, 1. Maximum of 3' high fence and
retaining wall combination within front setback. 2. Any fence
and retaining wall combination shall not exceed 6 -feet in
height outside the front setback. 3. Coordinate with the Post
Office to allow a 4' path of travel along the sidewalk.
Motion passed 6:0 by a roll -call vote.
9. PLN 2007-1183, FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
Public Works Director/City Engineer Steve Kahn gave a report on the Five -Year Capital
Improvement Program and answered questions of the Commission.
MOTION: By Vice Chairperson Jack and seconded by Commissioner
Moreno to adopt Resolution PC 2008-0027 finding the 2008
Update of the 2007 Five -Year Capital Improvement Plan
consistent with the General Plan based on findings.
Motion passed 6:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner O'Grady asked staff about a project on Santa Ysabel, said he noticed
that no work has been done, and asked if the City could do anything to improve this.
Associate Planner Callie Taylor said the Fire Department would be using these as a test
run to burn down. An applicant has come in to request a demolition permit, and they are
in the process of getting a final map.
Commissioner Heatherington asked staff to take pictures of the wood enclosure at West
Front for future ""show -n -tell" because it shows how the wood deteriorates.
Commissioner O'Keefe asked Senior Planner Kelly Gleason to explain some portions of
the Tree Ordinance that deal with definitions in relation to tree removals for hazardous
trees and emergency tree removals. Senior Planner Kelly Gleason explained the
definitions to the Commission.
PC Minutes 06/17/08
Page 13 of 14
Chairperson Fonzi asked Public Works Director/City Engineer Steve Kahn how the
Santa Rosa Interchange Meeting went. Mr. Kahn explained why the median was
installed, how the neighborhood meeting went, and said that he will be having another
meeting for follow-up.
DIRECTOR'S REPORT
Director Frace announced that the July 1St meeting will be cancelled, and the next
Planning Commission meeting will be held on July 15t"
Director Frace state that the Rite Aid project that went to the Planning Commission for
approval, has submitted for their building permits, the Colony Square Final Map has
been approved so documents can get recorded, and Holiday Inn, on West Front, will be
open by the end of the month.
Director Frace announced that items on the next City Council agenda will include
abstention determinations, the Shield Initiative and ballot measure, and dormant
/expired building permits
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 10:33 p.m. to the next regularly scheduled
meeting of the Planning Commission on July 15, 2008.
MINUTES PREPARED BY:
Annette Manier, Recording Secretary
The following exhibits are available for review in the Community Development Department:
Exhibit A — Dave Garibay, written statement of concerns
\\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 08\PC Minutes 06-17-08.am.doc
PC Minutes 06/17/08
Page 14 of 14