HomeMy WebLinkAboutPC Minutes 07-20-10CITY OF ATASCADERO
PLANNING COMMISSION
ACTION MINUTES
Regular Meeting — Tuesday, July 20, 2010 — 7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER - 7:02 p.m.
Chairperson Moreno called the meeting to order at 7:02 p.m. and Commissioner Ward
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 Assistant
Planner Alfredo Castillo
APPROVAL OF AGENDA
MOTION:
PUBLIC COMMENT
None
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By Commissioner Jack and seconded by Commissioner
Sturtevant to approve the agenda.
Motion passed 7.0 by a roll -call vote.
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
PLANNING COMMISSION MEETING ON MAY 25, 2010.
2. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON JUNE 15, 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
3. PLN 2010-1370, CONDITIONAL USE PERMIT FOR 8005 SAN RAFAEL ROAD
Property
Patricia S. Bumbaca, 8005 San Rafael Road, Atascadero, CA 93422
Owner/Applicant:
Project Title:
PLN 2010-1370 / Conditional Use Permit 2010-0250
Project
8005 San Rafael Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 054-241-032
Project
The proposed project consists of a Conditional Use Permit to allow the installation of an
Description:
HVAC system and wet bar with the construction of an addition to an existing residential
accessory structure.
General Plan Designation: (RE) Rural Estate
Zoning District: (RS) Residential Suburban
Proposed
Exempt per CEOA Section 15303: New construction or conversion of small structures.
Environmental
Determination:
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Assistant Planner Alfredo Castillo gave the staff report and explained that the applicant is
using the site as an office. The building permit (BLD 2008-08868) which was approved
in March 2010, was deed restricted to ensure the residential accessory structure would
not be used as a second residential unit. Staff is recommending that the addition of a full
bathroom with shower be removed from the structure if the HVAC and wet bar are
permitted. Assistant Planner Alfredo Castillo and Community Development Director
Frace answered questions from the Commission.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Ward visited the subject property, spoke with the contractor, and
the site appears to be an office.
PUBLIC COMMENT
The following citizens spoke during Public Comment: Susan Bumbaca.
Chairperson Moreno closed the Public Comment period.
MOTION: By Commissioner Colamarino and seconded by
Commissioner Sturtevant to adopt PC Resolution 2010-
0015 approving PLN 2010-1370, a Conditional Use
Permit Map 2010-0250 a request to allow installation of
an HVAC system and wet bar in an existing residential
accessory structure (BLD 2010-08868) subject to
findings and conditions of approval.
Chairperson Moreno reopened the Public Comment period.
The following citizens spoke during Public Comment: Susan Bumbaca. Ms. Bumbaca
asked the Commission to consider Alternative 1. After further discussion and
clarification, Ms. Moreno stated that Ms. Bumbaca could appeal the decision to the City
Council.
Chairperson Moreno closed the Public Comment period.
Motion passed 4:3 by a roll -call vote. (Schmidt, Ward, Bentz
opposed)
Chairperson Moreno asked staff to make sure Ms. Bumbaca is clear on her options.
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4. PLN 2010-1364, CITYWIDE ZONING ORDINANCE UPDATE
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2010-1364 / Zone Change 2010-0159
Project
Citywide
Location:
Atascadero, CA 93422
Project
Proposed Building Code and Zoning Ordinance Text Amendments to portions of Title 8
Description:
Building Code and Title 9 Planning and Zoning. Proposed text amendments consist of
revisions for clarification purposes with existing department policies and introduction of
language that is consistent with the Goals and Policies of the City's General Plan. Text
amendments including the following:
Establishment of a Design Review Committee (proposed AMC 9-2.107)
Amend Conditional Use Permit process (AMC 9-2.109); amend land use description for
"personal services"
Codify new land use description for "personal services -restricted"
Amend land use description for "sexually -oriented business" (AMC 9-3.701)
Amend land use description of "recycling and scrap" (AMC 9-3.701)
Modify front setbacks in the RMF zoning district (AMC 9-4.106
Amend Interior setbacks and open areas (AMC 9-4.109)
Amend Chapter 5 — Second Residential Units
Amend residential accessory structures (AMC 9-6.106)
Elimination of "interim" church uses in the CS and CPK zones (AMC 9-6.121)
Amend of "recycling and scrap" uses and amend additional sections for consistency
(AMC 9-6.131, AMC 9-6.140, and AMC 9-6.183)
Amend "Individual Mobile homes" (AMC 9-6.142)
Update non -conforming lot definitions (AMC 9-7.113 and 9-7.114)
Revision of the Building Code exemptions to fire sprinklers (AMC 8-3.101)
Amendment uses in the Downtown Office zoning district (AMC 9-3262)
Proposed
Exempt per CEQA Section 15061.(3) Review for Exemption, not a project.
Environmental
Determination:
Assistant Planner Alfredo Castillo gave the staff report. Assistant Planner Castillo and
Director Frace answered questions from the Commission.
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DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Jack spoke with Michael Sherer relative to these proposed
changes.
• Commissioner Schmidt contacted Manufactured Home Sales regarding the some
of the items that were under the definition of manufactured home sales.
PUBLIC COMMENT
None
Chairperson Moreno closed the Public Comment period.
Chairperson Moreno adjourned the meeting at 9:05 p.m, for a break.
Chairperson Moreno called the meeting back to order at 9:12 p.m.
The Commission discussed and made recommendations on items in the Zoning Code.
Director Frace stated that some of the City's definitions are antiquated and suggested
that the Commission may want to recommend this for a future Planning Commission
Study Session.
MOTION: By Commissioner Schmidt and seconded by Commissioner
Ward to adopt PC Resolution 2010-0016 approving PLN
2010-1364, a Zone Text Change 2010-0159 with suggested
changes. After discussion, the maker of the motion and the
2nd withdrew their motion.
Director Frace stated that the Commission could bring the items of 2nd unit covered
parking and paving, and amusement services back at a later date on a future agenda.
The Planning Commission recommended PLN 2010-1364/ ZCH 2010-0159 to the City
Council for approval with the following recommended changes:
1. Recommend change to proposed section 9-2.107.(b)(3) to have an at large
member be open to any resident of the City as opposed to an at large member
that is a "qualified design professional". The recommendation reads as follows:
One (1) at large member resident of the City. This at large member shall be a resident of
the City_ and be a qualified design professional. if ., design professional ; unavailable,
then -The City Council shall choose appoint an at large member that best fits the intent,
o€at its discretion to serve on the Design Review Committee.
2. Recommend change to article 29 section 9-3.701 for the proposed "personal
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services -restricted" land use definition to be more encompassing. The
recommendation reads as follows:
Personal Services -Restricted. Service establishments that may have a blighting and/or
deteriorating effect upon the surrounding area which may need to be dispersed in order to
minimize their adverse impact. Examples of these uses include the following but not
limited to: check cashing and/or pay day/same day loans; fortune tellers, psychics; palm,
tarot and card readers; tattoo and body piercing services; pawn shops to which the
business of pawn brokering, or the business of lending money upon personal property,
pawns or pledges is done, and hot tubs and saunas that are not an accessory to the
primary use.
3. Recommend change to section 9-4.109 to remove the word "principal" from the
code section. The recommendation reads as follows:
(a) Accessory Buildings. An accessory building is to be located no closer than six (6)
feet from any pri-neipal-building or as required by the building code.
(b) Residential Buildings. A pri-newipal-residential building (including a multifamily
dwelling) is not to be located closer than ten (10) feet to another principal building
(residential or non-residential).
4. Recommend change to section 9-5.020 Guesthouse definition to clarify that a
bathroom is permitted. The recommendation reads as follows:
(c) Guesthouse. Guesthouses are defined as residential occupancy construction (R)
with a full bathroom, no kitchen or cooking facilities and a fi'" bath oom regardless of
number or configuration of rooms and are the same as second units for the purposes of
defining use and calculating fees.
5. Recommend change to section 9-6.142 (4) manufactured homes widths smaller
than 15 feet may be approved with Design Review Committee approval. The
recommendation reads as follows:
(4) Manufactured homes shall have a minimum width of fifteen (15) feet.
Manufactured homes with widths less than fifteen 0 5) feet may be permitted with
approval by the Design Review Committee.
6. Recommend change to section 9-7.113 (b) clarifying that a certificate of
compliance (coc) shall be issued prior to the City recognizing that a lot is legal.
The recommendation reads as follows:
(b) The lot haste --+s been issued eligiblefefa certificate of compliance or a
conditional certificate of compliance. (Ord. 68 § 9-7.113, 1983)
MOTION: By Vice Chairperson Bentz and seconded by
Commissioner Sturtevant to adopt PC Resolution 2010-
0016 recommending the City Council introduce an
Ordinance for first reading, by title only, to approve PLN
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2010-1364, Zone Text Change ZCH 2010-0159 based on
findings and modified by Director Frace based on the
input from the individual commissioners and including
the changes that Director Frace re -iterated with the
Chair which was that 2nd unit covered parking and
paving issue be re-agendized for a future meeting:
Motion passed 7.0 by a roll -call vote.
Commissioner Colamarino stated for the record that he is not in favor of any change
whatsoever to the covered parking section and paving discussion, or placing it on a
future meeting agenda.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Ward spoke about Wayne Gretter.
DIRECTOR'S REPORT
• Director Frace gave an update on current projects within the City.
• Director Frace gave an overview of the Planning Commission agenda and Eagle
Ranch tour scheduled for August 3rd.
• Director Frace gave an update on the City Council agenda for July 27, 2010.
ADJOURNMENT - 10:36 p.m.
The next regular meeting of the Planning Commission is scheduled for August 3, 2010,
at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
MINUTES PREPARD BY:
Annette Manier, Recording Secretary
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