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HomeMy WebLinkAboutPC Minutes 03-02-10CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting - Tuesday, March 2, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Colamarino led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Deputy Director of Public Works/Engineering David Athey APPROVAL OF AGENDA MOTION: PUBLIC COMMENT None PC Minutes of 3/2/10 Page 1 of 8 By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 7:0 by a roll -call vote. Chairperson Moreno closed the Public Comment period. PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 2. 2010. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Jack to approve the Consent Calendar. Motion passed 7.0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2009-1349, CONDITIONAL USE PERMIT FOR A FIVE BEDROOM BED AND BREAKFAST AND ADDITIONAL ACCESSORY STRUCTURES AT 6650 PORTOLA ROAD Property Thomas and Peggy O'Malley, PO Box 808, Atascadero, CA 93423 Owner/Applicant: Project Title: PLN 2009-1349-1349: Conditional Use Permit for a Five (5) Room Bed and Breakfast and Additional Accessory Structures Project Location: 6650 Portola Road, Atascadero, CA 93422 APN 054-072-048 (San Luis Obispo County) Project The proposed application consists of a request for a Conditional Use Permit Description: to allow a five (5) room bed and breakfast and three (3) additional accessory structures at 6650 Portola Road. General Plan Designation: Single -Family Residential (SFR -Z) Zoning District: Residential Single -Family (RSF-Z) Proposed Categorical Exemption Class 3 (15303) pertaining to the new construction Environmental and conversion of small structures in a residential zone. Determination: PC Minutes of 3/2/10 Page 2 of 8 Director Warren Frace gave the staff report and answered questions from the Commission. There are two resolutions before the Commission. Chairperson Moreno explained that the Commission received letters from David Broadwater (Exhibit A), Maggie White (Exhibit B) and Tom and Peggy O'Malley (Exhibit C). Chairperson Moreno stated the letters are available for review in the binder on the back table. Chairperson asked Recording Secretary Annette Manier to include the letters as exhibits to the minutes. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Schmidt - None • Commissioner Sturtevant - None • Commissioner Jack — Prior to receiving an email from Director Frace relative to contacting the applicant, he contacted Mr. O'Malley to make arrangements to tour the property. Mr. O'Malley indicated he had talked to Director Frace and they both felt it was best if he (Mr. O'Malley) was not present during the tour. He and Commissioner Bentz toured the site Friday afternoon. • Chairperson Moreno met Director Frace at the property this afternoon. She and Commissioner Colamarino toured the property. Mr. O'Malley arrived at the property during the time of the visit, and showed them the interior of the main house. • Vice Chairperson Bentz — Met Commissioner Jack Friday afternoon, toured the property together, and spoke with no one. • Commissioner Colamarino — Visited the site today along with Director Frace and Chairperson Moreno. He also spent some time with Mr. O'Malley in the main house. He spoke on the telephone with Mr. Broadwater when he called to tell him he had resent his email with attachments. He considered the matter of possible recusal since the public is aware of the unique status of Mr. O'Malley, a Council member, and a Council member has the ability to remove a Planning Commissioner. He also felt the need to consider whether or not he could be fair in dealing with the matter. He concluded that he could hear the matter without a problem and proceed in an impartial manner, and consider this matter in the way he would consider any other matter before him. • Commissioner Ward received the same documents as his fellow commissioners. He drove up to the property and viewed it from his car. He has known Tom O'Malley for several years, but feels he can give impartial consideration in the matter. Director Frace answered additional questions from the Commission. PC Minutes of 3/2/10 Page 3 of 8 PUBLIC COMMENT Peggy O'Malley, Applicant, thanked the Commission for hearing this item. She was born and raised in Atascadero and has taught school for over 20 years. She has a real passion for the history of the community and the people who live here. She and Tom enjoy hosting people and sharing the history of the house. Last year, they attended a Bed and Breakfast Conference, and left with the overwhelming desire to turn this piece of property into a bed and breakfast. She and Tom are thrilled to get so many letters of support (Exhibit C). They have not received any complaints about the property. Visits to the neighbors were very supportive. There are rules they must follow from the California Association of Bed and Breakfasts (CABI). She has her certified food safety license. CABI's requirement is that they live on the premises. Mrs. O'Malley answered questions from the Commission. Steve Shively, Pastor at Calvary Chapel on Portola and neighbor to the O'Malley's is in favor of the project. He has officiated weddings on their property and has seen people enjoy their time there. The property is unique and he has never heard anyone complain about anything on the site. This is a great opportunity for our City. People coming from out of town bring money to the City, which is a positive. Joanne Main read a statement in support of the project from Jay DeCou and turned it in for the record (Exhibit D). Speaking from the Atascadero Chamber of Commerce, her office speaks to unique travelers about where they can locate a bed and breakfast. This property will allow the Chamber to point them in the direction of a great place to stay. We can better serve visitors and support great businesses in town if these resolutions are passed. Lon Allan read his comments in support of Tom and Peggy O'Malley. There is no better maintained piece of private residential property in this community. The home was built in 1929 by the Peterson family. Peggy and Tom have preserved the feeling of another era. He submitted a letter of support for the record (Exhibit E). Jim Wilkins, President of the Atascadero Historical Society, likes the idea of preserving colony homes. Homes are living museums. He supports the project and it would help and promote people with Colony homes. Luther Johnson, resident on Portola, stated that he and his wife will endorse the project. The O'Malley's are wonderful neighbors and they have experienced some of their events. The O'Malley's are always respectful of others and this is a positive for the community. Marty Brown, Graves Creek Road, will not be directly affected by the decision tonight. Her concern is that the decision will set a precedent for "event centers." The Portola Inn now advertises that it now can accommodate from 10 to 200 people. They can hold up PC Minutes of 3/2/10 Page 4 of 8 to 18 events per year without having to obtain a CUP. She would not want an "event center" on her street because of noise, traffic, and night lighting. It would negatively affect her quality of life living in a residential neighborhood. This is not the proper location for an "event center". David Broadwater, asked the Commission to direct their attention to the letter he submitted (Exhibit A). He read his comments from the letter and stated that the descriptions of the buildings are inaccurate. There are inconsistencies with the General Plan as far as "single-family neighborhood." There needs to be more time for the public to review the information presented before them. He asked the Commission to adopt Alternatives 3 and 4 denying the project or continuing the hearing for additional information. Noise is a problem for him as a neighbor with the escalation of these events. He is fine with the bed and breakfast portion of the project, but not the special events without limits. Mr. Broadwater answered questions from Commissioner Schmidt. Patrick Shepherd, Portola Road, on behalf of himself and his wife, is requesting the Commission approve the project. The O'Malley's have done a great job with their property and the historic buildings. We need to open our historic treasures that are unique to Atascadero. Tom Lutz, Portola Road, grew up in the house directly to the south. He loves what the O'Malley's have done to the property by enhancing its historical looks. His daughter had her wedding there, and his parents had their 50th wedding anniversary there. The O'Malley's gave help and care with these events and he supports them. Eric Pierson lives right behind the O'Malley's and is in total support of this project. The O'Malley's have been perfect neighbors. The laughter that comes from the property is wonderful and there is no problem with guests. He is confident that if he had a problem, the O'Malley's would address it. Russ Cracknell, Portola Road, lives across the street from the O'Malley's. He appreciates what they've done with their property. It is wonderful seeing them preserving the history and the colony home -style in Atascadero. He has no problem with bed and breakfasts or events. He and his wife fully support their efforts, and it will be a great asset to the community. Steve Martin, grew up in the City of Atascadero, and hesitated to speak because of several perceived conflicts of interest. He has known Tom for many years, worked with Tom and Peggy on many projects, all for the benefit for the City of Atascadero and its people. In 2008, he stood before the City Council and said boutique event centers are part of a niche market that would make a tourism future for the City. He explained that the Commission is trying to decide what the appropriate use of this land is. The City of Atascadero is changing and is finding its way into new waters in tourism. His PC Minutes of 3/2/10 Page 5 of 8 comments formulate part of the genesis and consensus for the goals and expectations of the City's current tourism marketing plan. Karyn Sturtevant, Tampico Road, states she too has noise in her neighborhood, but we all have to close our windows sometimes and deal with neighbors. She is in support of the project. This is something we want to attract in Atascadero, especially a special bed and breakfast like the one the O'Malley's have. She supports the project as it stands, and said this would be a good addition for Atascadero. Ben Shragel lives on top of the hill next door. He and his wife support the project and said the O'Malley's understand how to get along with others. He said the City should approve the project, as it will benefit the City. Gordon West, Flores Road, said his property backs up to the Portola property. He also owns other properties next to the O'Malley's. He and his wife support the project. The O'Malley's have done a great job with the surrounding areas and he recommends a yes vote. Chairperson Moreno closed the Public Comment period. Chairperson Moreno asked Director Frace to address the public noticing which was brought up by Mr. Broadwater. Director Frace said the public noticing was done per code and explained the process. Chairperson Moreno asked Director Frace to discuss the garage which was brought up by Mr. Broadwater. Director Frace explained the definition of the garage under the Zoning Ordinance. It's not a heated or air-conditioned building under the Zoning Ordinance. The request is that the Commission allows it to be heated; it will still remain a garage or workshop with a deed restriction. He also answered questions regarding the accessory structures. Chairperson Moreno reopened the Public Comment period. Peggy O'Malley answered questions from the Commission. She explained they have had approximately 12 events in one year with the largest event at about 200 people. Non -family members would have 150-175 members. David Broadwater answered questions from the Commission. Mr. Broadwater has lived at his property since 1973 and four years later, he purchased the property. Chairperson Moreno closed the Public Comment period. Commissioners asked about larger -scale temporary events and their definition. Several months ago there was a Planning Commission meeting where boutique events PC Minutes of 3/2/10 Page 6 of 8 were discussed and they asked Director Frace what the status was on that. The Commission asked if they will be defining special events. Director Frace stated that due to staffing levels, that item is on hold. There is no certain time at which it will be revisited. Under the temporary events use definition, residential properties are permitted 12 events annually. The bed and breakfast CUP would allow additional accessory events. Staff is not recommending placing a number on events. A CUP stays with the property. Temporary events are the same throughout the City. Some Commission members felt that they should have some guidelines for temporary events, and they would like to proceed with the boutique events planning that was previously started. There was also discussion about the size of the sign. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Jack to adopt PC Resolution 2010-0003 approving PLN 2009-1349, a Conditional Use Permit to allow (1) an additional 256± square foot (sf) accessory structure with a bathroom, (2) an additional 567+ sf studio with a shower facility, (3) an additional 572+ sf carport and the (4) installation of HVAC in an existing non-residential U - Occupancy accessory structure subject to deed restrictions, findings, and conditions of approval; AND adopt PC Resolution 2010-0004 approving PLN 2009-1349, a Conditional Use Permit to allow a five (5) room bed and breakfast at 6650 Portola Road subject to findings and conditions of approval. Commissioner Schmidt said he is concerned about our perception of approving this for such a high profile member of the community if we don't apply some limitations on this. Until our ordinances get written, the next person coming in could get restrictions and we could have a problem. He wants the Commission to put a minimum restriction of 12 as the number of events allowed on the property. As far as the sign, he believes the scale of the sign at its location could be oversized. Mr. Greenaway is a fine artist and hopefully he will listen to these comments and the sign can be scaled down to accomplish the goal. He asked if the maker of the motion would consider modifying the motion. The maker of the motion and the second did not agree. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Jack to adopt PC Resolution 2010-0003 approving PLN 2009-1349, a Conditional Use Permit to allow (1) an additional 256+ square foot (sf) accessory structure with a bathroom, (2) an additional 567+ sf studio with a shower facility, (3) an additional 572+ sf PC Minutes of 3/2/10 Page 7 of 8 carport and the (4) installation of HVAC in an existing non-residential U -Occupancy accessory structure subject to deed restrictions, findings, and conditions of approval; AND adopt PC Resolution 2010-0004 approving PLN 2009-1349, a Conditional Use Permit to allow a five (5) room bed and breakfast at 6650 Portola Road subject to findings and conditions of approval. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Ward gave a progress report on the signage for the Purple Heart Trail. His group has completed successful negotiations with Caltrans. They have established a domain name and website; purpleheartca101.org. Donations are coming in, and they expect to put signs up in 4-6 weeks. It will be an asset to this community and will direct a lot of people to the Faces of Freedom Veterans Memorial and other museums and venues along the 101 corridor. DIRECTOR'S REPORT • The next meeting is scheduled for March 16, 2010. Currently there are no items for that agenda so it may be cancelled. • A La Plaza Theatre Development Study Session has been scheduled for March 11, 2010 at 6:00 p.m. He is hoping to bring the item to the Commission at the end of April. ADJOURNMENT - 9:40 p.m. The next regular meeting of the Planning Commission is scheduled for March 16, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PyyR�/EPARD BY: Annette Manier, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Letter against the project from David Broadwater Exhibit B — Letter of support from Maggie White Exhibit C — Letters of support from Tom O'Malley Exhibit D — Letter of support from Jay DeCou Exhibit E — Letter of support from Lon Allan PC Minutes of 3/2/10 Page 8 of 8