HomeMy WebLinkAboutPC Minutes 05-19-09CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting - Tuesday, May 19, 2009 — 7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Ward led
the Pledge of Allegiance.
ROLL CALL
Present: Vice Chairperson Moreno, Commissioners Bentz, Colamarino,
Schmidt and Ward
Absent: Chairperson Jack, Commissioner Sturtevant (excused absences)
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace and Senior
Planner Kelly Gleason
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by
Commissioner Colamarino to approve the agenda.
Motion passed 5:0 by a roll -call vote.
PC Minutes of 05/19/09
Page 1 of 5
PUBLIC COMMENT - None
PLANNING COMMISSION BUSINESS -None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON MARCH 17, 2009.
2. APPROVAL OF TIME EXTENSION FOR CONDITIONAL USE PERMIT 2004-
0137 FOR 9700 EL CAMINO REAL (PATEL)
MOTION: By Commissioner Bentz and seconded by
Commissioner Schmidt to approve the Consent
Calendar.
Motion passed 5:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS - None
PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• No Ex Parte communications.
PC Minutes of 05/19/09
Page 2 of 5
3. PLN 2009-1329, CONDITIONAL USE PERMIT FOR DRIVE-THRU APPROVAL
AT EXISTING NON -CONFORMING RESTAURANT AT 7305 EL CAMINO
REAL
Property Owners:
Adobe Plaza, c/o Nate Nahmias, 16530 Ventura Blvd., #309, Encino, CA 91436-4597
Applicant:
CBI Partners, 21243 Ventura Blvd., Woodland Hills, CA 91364
Project Title:
PLN 2009-1329, Conditional Use Permit for drive-thru approval at existing non-
conforming restaurant.
Project Location:
7305 EI Camino Real, Atascadero, CA 93422
San Luis Obispo County (APN 030-121-046)
Project
The project consists of an application to establish a drive-through use through the
Description:
Conditional Use Permit process. The site currently contains a drive-through restaurant
which is considered a legal non -conforming drive-through due to a lack of CUP approval.
The proposed application will bring the site into conformance with current code
requirements and allow the drive-through to be permitted for the life of the building.
General Plan Designation: GC (General Commercial)
Zoning District: CR (Commercial Retail)
Proposed
Exempt per CEQA Section 15301: Existing facilities and Section 15305: Minor modification
Environmental
to Land Use limitations.
Determination:
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Planning Commissioners. She indicated that the owners are actively pursuing tenants
for the building.
Commissioner Colamarino asked staff if the proposed resolution would allow a tenant to
put in a drive-through liquor store, or if the definition is legally adequate to provide a
limitation on the use, or if it would be necessary to add a condition in the resolution. He
also asked staff to explain the current status of the property, the legal non -conforming
use, occupancy, and how long it has been vacant.
Commissioner Bentz said the community has lived with this restaurant for 12 years. He
believes it is the right of the property owner to request and receive approval from this
Commission, and it wouldn't be right for the Commission to try to change that. Only the
Council could act as a legislative body and make a change to the law that says it can't
be done. He does not agree with Commissioner Colamarino that there is anything
alarming about this application.
Commissioner Colamarino asked that it be noted for the record that his position has
been misstated by Commissioner Bentz.
PC Minutes of 05/19/09
Page 3 of 5
PUBLIC COMMENT:
Mandi Pickens from Kirk Consulting, applicant's representative, spoke about the project
and explained that granting this Conditional Use Permit will be important for the owner
in today's economy to seek out a tenant. A specific tenant has not yet been chosen for
the site.
Vice Chairperson Moreno closed the Public Comment period.
Community Development Director Warren Frace confirmed that the CUP's conditions do
state that this project will be for a drive-through eating and drinking place only.
The Commission agreed that notification signage about the steep driveway should be
added as a condition of approval.
MOTION: By Commissioner Colamarino and seconded by
Commissioner Ward to:
1. Adopt Resolution PC 2009-0020 recommending that
Planning Commission approve PLN 2009-1329,
Conditional Use Permit 2009-0241, to allow a drive-
through eating and drinking facility within the
Commercial Retail Zone, with an added to condition
for the applicant to work with staff on signage to
notify large vehicles of the steep driveway on to EI
Camino Real.
Motion passed 5:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Ward stated that the City is hosting two traditional Memorial Day
services. One will be held at the Atascadero Cemetery and the other at the new
Veterans Memorial.
Commissioner Schmidt said that Sam Blakeslee was advertising for Memorial Day on
television, and had our City's Veterans Memorial in the background.
DIRECTOR'S REPORT
• The next meeting is June 2, 2009. On the agenda will be an amendment to the
Colony at Apple Valley, and an update on a two pending Zone Changes
(Boutique Events and Zoning Ordinance).
• Wal-Mart is moving forward. The EIR Contract consultant has been selected, and
will go to Council for final approval on June 26, 2009.
PC Minutes of 05/19/09
Page 4 of 5
ADJOURNMENT - 7:38 p.m.
The next regular meeting of the Planning Commission is scheduled for June 2, 2009, at
City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
MINUTES PREPARD BY
Annette Manier, Recording Secretary
PC Minutes of 05/19/09
Page 5 of 5