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HomeMy WebLinkAboutPC Minutes 12-02-08CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, December 2, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Heatherington led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Marks, O'Grady, Moreno, O'Keefe, Vice Chairperson Jack, and Chairperson Fonzi Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, Interim Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, and Senior Planner Kelly Gleason. APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack and seconded by Commissioner Marks to approve the agenda. Motion passed 7:0 on a roll -call vote. PUBLIC COMMENT None. Chairperson Fonzi closed the Public Comment period. PC Minutes 12/02/2008 Page 1 of 9 PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS • Commissioner Moreno visited the Santa Lucia site and spoke with Pricilla Mendoza who works for the daycare. • Chairperson Fonzi visited the Santa Lucia site and spoke with Megan Smith, owner. • Vice Chairperson Jack also spoke with Megan Smith, owner of the Santa Lucia property. • Commissioner O'Grady visited both sites on the agenda, but spoke with no one. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 7, 2008. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 21, 2008. 3. APPROVAL OF THE 2009 PLANNING COMMISSION MEETING SCHEDULE MOTION: By Vice Chairperson Jack and seconded by Commissioner Marks to approve the Consent Calendar, including the following correction to the October 21, 2008, Minutes: (1) Correct members present with Commissioner Moreno for Commissioner Heatherington. Motion passed 5:0:2 on a roll -call vote. (Commissioners Heatherington and O'Grady abstaining as to the October 21, 2008, Draft Minutes.) PC Minutes 12/02/2008 Page 2 of 9 PUBLIC HEARINGS 4. PLN 2008-1306, CONDITIONAL USE PERMIT FOR 8705 SANTA LUCIA AVE. Property Owner: Megan & Jeramie Smith, 8705 Santa Lucia Ave., Atascadero, CA 93422 Project Title: PLN 2008-1306; Conditional Use Permit 2008-0234 for Preschool Use Project 8705 Santa Lucia Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-073-024 Project The project consists of an application to establish a Preschool for up to 30 Description: children in a residential neighborhood. The property is currently used as a large family daycare for up to 18 children and a residence. The subject site is served by an on-site septic system. General Plan Designation: SFR -Z Zoning District: RSF-Z 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 11/4/08 through 11/24/08 at 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m. Monday through Friday. Chairperson Fonzi stated there were letters received by the Planning Commission on this Item, which will be included as exhibits to these minutes. (Exhibit A — E) Senior Planner Kelly Gleason gave the staff report. Senior Planner Kelly Gleason and Interim Public Works Director Geoff English answered questions of the Planning Commissioners. PUBLIC COMMENT Megan Smith, applicant, described her daycare business and her plans to expand her daycare facility for ages 18 months to 5 years which would mean there would be 40 children enrolled. Because the some children share days and are not all at the facility at one time, there would be approximately 26 to 30 at any one time. Mrs. Smith stated that because many of the children are siblings, the traffic should not be adversely impacted. Mrs. Smith indicated that most of the children are in diapers, therefore, there will be little impact on the sewer system. Regarding playground equipment, Megan Smith stated she would be willing to limit the equipment height for the neighbors' concerns. Megan Smith stated there have been no car accidents and no children will play in the grass area in the front. Her hours are 7:00 a.m. to 5:30 p.m. and she answered questions of the Planning Commissioners. Doug Lyon spoke in favor of the project and Megan Smith. PC Minutes 12/02/2008 Page 3 of 9 Meek Jones spoke in favor of Busy Bee and feels Megan Smith is very competent and a great teacher. Verl Thuet spoke against the expansion of the Busy Bee Daycare Center because he lives two doors away and the additional children will add to the noise and traffic in his neighborhood and read from his letter to the Planning Commission submitted to the Planning Commissioners December 2, 2008. (Exhibit A) Cathy Thuet also spoke against the project and read from her letter to the Planning Commissioners. (Exhibit B) Jeremy Smith, the Co -applicant, stated there is no difference in noise than in the neighbors' dogs barking and their children playing. Mr. Smith addressed the water runoff and traffic on Santa Lucia and the turnabout he has installed. Jeremy Smith answered questions of the Planning Commissioners regarding fencing, privacy issues, neighbors' complaints, if any, as well as drainage and the sewer system. Verl Thuet spoke again regarding his concerns for the drainage and traffic issues. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe expressed concern that increased enrollment would impact traffic, safety, noise and questioned the business' compatibility with the neighborhood. Commissioner Heatherington spoke of her concern for safety issues, the septic tank, and would have rather reviewed a report on those impacts before this came before the Planning Commission. Commissioner Marks asked Interim Public Works Director Geoff English about the traffic. Interim Public Works Director Geoff English stated the minimum site distance has been met, the speed limit is 35 mph they require front out only from the driveway, and the small tree is to be pulled out for the driveway and the stop sign just up from the site will meter the traffic speed. Commissioner O'Grady was impressed with the testimonials; however, he had concerns about safety and the impact on the neighborhood with an increase from 10 children to 40 children. Vice Chairperson Jack visited the site, exited the driveway, and had no issues; but wanted to ask the applicant if they could limit the business to 30 children. PUBLIC COMMENT (Reopened) Applicants, Megan Smith and Jeremy Smith clarified enrollment versus children on site, and would be agreeable to 30 children maximum on site. The applicants answered further questions of the Planning Commissioners. PC Minutes 12/02/2008 Page 4 of 9 Verl Thuet spoke of the noise impact with a large number of children. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe stated the State licensing agencies do not look at traffic issues and impact upon neighbors, where the CUP process requires this commission to look at compatibility with the neighborhood. Commissioner O'Keefe spoke of her concern with safety, the fact that there is no shoulder and the road is narrow, and that monitoring the conditions on a CUP is a difficult process. Chairperson Fonzi stated she had no difficulty entering or leaving the property, but was concerned with the number of children, the height of the playground equipment, would like to see the six-foot fence completed to the back fence. She also stated she would prefer a permeable parking surface. Commissioner Heatherington stated she preferred to keep the limit to 30 children enrolled. Commissioner Moreno stated she would rather look at how many children could be on site at any one time and an enrollment limitation could hurt Mrs. Smith's business. Vice Chairperson Jack stated adding another 12 children would not impact the neighbors and agrees to extending the fence as well as gravel on the driveway. Commissioner Marks would limit the onsite number of children to 30 and agrees with the permeable parking surface and the 6 -foot fencing. Commissioner O'Grady stated the CUP should state the number of children as "per day" and feels 24 should be the limit because of the 12 to 1 ratio. MOTION: By Vice Chairperson Jack to adopt Resolution PC 2008-0052 approving PLN 2008-1306 (Conditional Use Permit) based on findings and subject to Conditions of Approval and Mitigation Monitoring with the following added mitigations: (1) Any new playground equipment will be not higher than six feet; (2) The driveway will be a gravel surface; (3) There will be a six-foot, solid fence run from the front of the property to the chain-link fence at the rear of the property on the east side; (4) The maximum number of students allowed on site per day will be no more than 30. Further discussion was held on changes and amendments to the motion. PC Minutes 12/02/2008 Page 5 of 9 MOTION: By Vice Chairperson Jack and seconded by Chairperson Fonzi to adopt Resolution PC 2008-0052 approving PLN 2008-1306 (Conditional Use Permit) based on findings and subject to Conditions of Approval and Mitigation Monitoring with the following added mitigations with staff amendments (Exhibit F): (1) Any new playground equipment will be not higher than six feet; (2) The driveway will be of permeable medium; (3) There will be a six-foot, solid fence from the back of the house to the rear property line on the east side; (4) The maximum number of students allowed on site per day will be no more than 30; and (5) The playground area in the front will be removed. Motion passed 4:3 on a roll -call vote. (Commissioners Heatherington, O'Grady, and O'Keefe opposed.) Chairperson Fonzi recessed the Planning Commission at 8:55 p.m. Chairperson Fonzi reconvened the Planning Commission at 9:10 p.m. 5. PLN 2008-1307/ADMINISTRATIVE USE PERMIT FOR 5145 EL CAMINO REAL Property Owner: Michael Hawkins, 5145 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2008-1307/Administrative Use Permit 2008-0042 Project 5145 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-302-048 Project The application consists of a request to include a set amount of Description: changeable copy signage to an existing commercial business. This type of signage is permitted through an Administrative Use Permit (action taken by the Community Development Director) however, as this is the first request for changeable copy signage, staff would like direction from Planning Commission on this request. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail CR Proposed Environmental Categorically Exempt Section 15301. Determination: PC Minutes 12/02/2008 Page 6 of 9 Chairperson Fonzi asked staff to explain an Administrative Use Permit. Senior Planner Kelly Gleason explained the difference between an Administrative Use Permit and a Conditional Use Permit. Chairperson Fonzi asked if the Planning Commissioners had any concerns on acting on this issue because she feels the Commission needs more information on banners versus changeable signs and wants the public to have the opportunity to weigh in on this issue. There was considerable discussion by the Planning Commissioners on the issue of banners, changeable signs, electronic changeable signs, and sandwich -board signs, as well as the need for some business workshops for public input. Chairperson Fonzi asked Community Development Director Warren Frace if a staff report is needed or if we can continue. Mr. Frace stated the Commission could continue and can also give direction to staff on how the Planning Commission wants to deal with this issue. In the meantime, Mr. Frace indicated Mr. Hawkins can continue with his operation until there is Planning Commission clarification. PUBLIC COMMENT Mike Hawkins, Stagecoach Liquor, spoke in favor of a business workshop and advised the Planning Commissioners that the city's businesses are struggling. Tom Johnson stated the need for a comprehensive ordinance and sign manufacturers need to be aware of the laws. Chairperson Fonzi closed the Public Comment period. MOTION: By Chairperson Fonzi and seconded by Vice Chairperson Jack to continue this matter and to direct staff to draft a comprehensive sign ordinance that would include the following points: (1) Research on implications of allowing changeable copy signs and electronic signs: (2) Draft the ordinance plainly stated what is allowable and what is not allowable; (3) Enforcement is to be spelled out with special approach for signs; (4) Zoning areas may have different requirements and specify those different zoning areas; (5) Provide business community with at least one workshop for their input; (6) Make a distinction between banners and fixed, permanent signs; PC Minutes 12/02/2008 Page 7 of 9 (7) Enforcement shall be considered as a revenue producer; (8) Research the number or allowable banners and have a rationale for that number; (9) Make an appearance recommendation; (10) Include other cities' ordinances regarding signs; (11) Staff shall distribute the ordinance to sign companies so they can attend the hearing and be aware of the ordinance. Further discussion on the motion was held among the Planning Commissioners and Community Development Director Warren Frace answered questions of the Planning Commissioners. Chairperson Fonzi called for the motion. Motion passed 6:1 on a roll -call vote. (Commissioner O'Keefe opposed.) COMMUNITY DEVELOPMENT STAFF REPORTS - None. COMMISSIONER COMMENTS AND REPORTS • Commissioner O'Grady stated it is Steve McHarris' last meeting and he thanked him for his fine work and thoroughness in his reports. • Vice Chairperson Jack wished Steve McHarris well. Vice Chairperson Jack asked to agendize the issue of selecting an interim chair and vice chair for the December and January meetings. • Commissioner Heatherington thanked Steve McHarris and thanked Commissioner O'Keefe and Commissioner Marks for their service. • Commissioner Marks thanked Steve McHarris for his service as a capable and competent member of the Atascadero staff. Commissioner Marks stated it has been his privileged to serve the City of Atascadero and to work with the staff members, and expressed his hopes for the new City Council and Planning Commission. • Commissioner O'Keefe thanked Steve McHarris for adding arch enhancements and color recommendations, and stated he has a big job ahead of him in Soledad. • Chairperson Fonzi thanked Steve McHarris for all his guidance. Chairperson Fonzi stated this was her last meeting as well and it has been her pleasure to serve on the Commission for ten years. PC Minutes 12/02/2008 Page 8 of 9 DIRECTOR'S REPORT • Next meeting will be December 16, 2008, and there are two items on that agenda. • This is a time of transition for the Planning Commission and two new appointments and an at -large position which will not be filled until early next year. • Warren Frace thanked Steve McHarris and wished him all the best in Soledad. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 9:50 p.m. to the next regularly scheduled meeting of the Planning Commission on December 16, 2008, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero, CA. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary The following exhibits are available for review in the Community Development Department Exhibit A - Verl Thuet, Letter Exhibit B — Cathy Thuet Letter Exhibit C - Kyrsten McKenzie, Letter Exhibit D — Terry & Rickey Taylor, Letter Exhibit E — Charmaine Larson, Letter Exhibit F — Revised Resolution PC 2008-0052 PC Minutes 12/02/2008 Page 9 of 9