Loading...
HomeMy WebLinkAboutPC_2013-05-21_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 21, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Bentz Vice Chairperson Schmidt Commissioner Anderson Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 7, 2013. City of Atascadero Planning Commission Agenda Regular Meeting, May 21, 2013 Page 2 of 5 http://www.facebook.com/planningatascadero @atownplanning COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2099-0243/TREE REMOVAL PERMIT FOR 900 and 940 EL CAMINO REAL (SPRINGHILL) Property Owner: Westar Associates, 2925 Bristol St., Costa Mesa, CA 92626 Applicant: Jeff Emrick, Garing Taylor & Associates, 141 S. Elm St., Arroyo Grande, California 93420 Certified Arborist: Michael J. Bova, Davey Resource Group 7627 Highway 41, Atascadero CA, 93422 Project Title: PLN 2099-0243 / Tree Removal Permit 2013-0162 Project Location: 900 El Camino Real, Atascadero, California, 93422 APN 049-045-018 (San Luis Obispo County) 940 El Camino Real, Atascadero, CA 93422 APN 049-045-019 (San Luis Obispo County) Project Description: Removal of one 41-inch dbh, multi-stem Coast Live Oak tree that in conflicting with the location of a Class 1 bikeway connection to the Salinas River. The tree will be replaced with on-site replantings. Staff Recommendation: Staff recommends approval of the tree removal permit subject to the conditions of approval and mitigation. City of Atascadero Planning Commission Agenda Regular Meeting, May 21, 2013 Page 3 of 5 http://www.facebook.com/planningatascadero @atownplanning PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2013-1450 / CONDITIONAL USE PERMIT 2013-0265, 6625 SANTA CRUZ ROAD (KIRKPATRICK) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT Property Owner/Applicant: Michael D. and Jody Kirkpatrick, 6605 Santa Cruz Road, Atascadero, CA 93422 Project Title: PLN 2013-1450 / CUP 2013-0265 Project Location: 6625 Santa Cruz Road, Atascadero, CA 93422 APN 049-092-045 (San Luis Obispo County) Project Description: The application consists of a request to permit a small wine making operation within an existing 816 square foot detached accessory structure. The operation will involve the importation of a maximum of ten (10) tons of grapes to be crushed, fermented, aged and bottled on-site within the existing detached structure. A maximum of 10,000 bottles or 850 cases will be produced on -site. There is no proposed tasting room as a part of this application, nor additional on-site employees. The applicant will pursue Alcohol Beverage Control (ABC) licenses and bonding for this operation if the proposed project is approved. General Plan Designation: Residential Estate (RE) Zoning: Residential Suburban (RS) Proposed Environmental Determination: Class 1 categorical exemption for an existing structure and proposed addition to that structure that does not result in an increase of 2,500 square feet total for the entire structure. Staff Recommendation: Staff recommends to the Planning Commission approval of PLN 2013-1450 / CUP 2013-0265, to approve a wine making operation in the RS zone, within an existing detached accessory structure subject to conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, May 21, 2013 Page 4 of 5 http://www.facebook.com/planningatascadero @atownplanning ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for June 4, 2013, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, May 21, 2013 Page 5 of 5 http://www.facebook.com/planningatascadero @atownplanning City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the C ommission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection du ring City Hall business hours at the Front Counter of City Hall, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Lib rary, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470 -3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when servi ces are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address t he Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 5/7/13 Page 1 of 4 - CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, May 7, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:02 p.m. Chairperson Bentz called the meeting to order at 7:02 p.m. and Commissioner Cooper led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Cooper, Dariz, Wolff, Vice Chairperson Schmidt and Chairperson Bentz Absent: Commissioner Colamarino (excused) Others Present: Recording Secretary Annette Manier Staff Present: Warren Frace, Community Development Director Senior Planner, Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Dariz and seconded by Vice Chairperson Schmidt to approve the agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT The following people spoke during public comment: Jim Shannon and Mark Russo. Chairperson Bentz closed the Public Comment period. ITEM NUMBER: 1 DATE: 5-21-13 PC Draft Action Minutes of 5/7/13 Page 2 of 4 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 16, 2013. MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Dariz to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2013-1456 / CONDITIONAL USE PERMIT 2013-0267 FOR A 15,000 SQ. FT. ATHLETIC GYM AT 7175 EL CAMINO REAL (WORKING TO GIVE) IN THE VONS SHOPPING CENTER Property Owner: Alexander Cozzolino, 143 Kelly Ave., Half Moon Bay, CA 94019 Applicant: Working to Give, Josh Donovan, 14480 San Antonio Rd., Atascadero CA 93422 Project Title: PLN 2013-1456 / CUP 2013-0267 Project Location: 7175 El Camino Real, Atascadero, CA 93422, APN 030-081-022 (San Luis Obispo County) Project Description: The application consists of a request to establish a 15,000 sq. ft. gym in an existing retail space in the Vons Shopping Center. The Atascadero Municipal Code identifies “indoor recreation,” including health and athletic clubs, as a conditional use in the Commercial Retail Zone, and therefore, Planning Commission approval is required to permit the proposed business. General Plan Designation: General Commercial Zoning: Commercial Retail Proposed Environmental Determination: The project qualifies for a Class 1 categorical exemption (CEQA Section 15301, Existing Facilities) for the operation, permitting, leasing, and minor alteration of existing facility. PC Draft Action Minutes of 5/7/13 Page 3 of 4 DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Dariz – Friended Josh Donovan on Facebook through a mutual friend, however, it will not have an affect on how he votes on the project. Commissioner Cooper – Has known Josh Donovan since high school, however, they have not discussed the project. Senior Planner Taylor gave the staff report and answered questions from the Commission. PUBLIC COMMENT Applicants Josh Donovan and Mathew Holguin made a presentation and answered questions from the Commission. The following people spoke during public comment: Jim Shannon Chairperson Bentz closed the Public Comment period. MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Cooper to adopt PC Resolution 2013-0013 approving PLN 2013-1456/Conditional Use Permit 2013-0267 at 7175 El Camino Real on APN 030-081-022 to allow an indoor recreation use (gym) in the Commercial Retail Zone subject to Conditions of Approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None Staff Recommendation: Staff recommends that Planning Commission adopt Resolution PC 2013-0013 approving Conditional Use Permit CUP 2013-0267 for indoor recreation at 7175 El Camino Real, based on findings and subject to Conditions of Approval. PC Draft Action Minutes of 5/7/13 Page 4 of 4 DIRECTORS REPORT  Director Frace stated that an appeal has been filed on the Refuge Church project and the appeal will be heard by the City Council on May 28, 2013.  Director Frace gave an update on Spring Hill Suites, Oak Ridge Estates Road improvements, Eagle Ranch, and the Hoff property.  The next Planning Commission meeting will be held on May 21, 2013 and the Commission will hear a Conditional Use Permit for a small residential winery. ADJOURNMENT – 7:32 p.m. The next regular meeting of the Planning Commission is scheduled for May 21, 2013 at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 Atascadero Planning Commission Staff Report – Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org PLN-2099-0243 Tree Removal Permit 2013-0162 900 El Camino Real (Garing Taylor Associates / Westar Associates) SUBJECT: The project consists of a request to remove one (1) 41-inch DBH Coast Live Oak tree that is conflicting with a proposed Class 1 bikeway connection to the Salinas River. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2013-0015 to allow for the removal of one (1) Coast Live Oak tree measuring 41 -inches DBH subject to conditions of approval and mitigation. Situation and Facts: 1. Property Owner: Westar Associates 2925 Bristol St., Costa Mesa, CA 92626 2. Applicant: Jeff Emrick, Garing Taylor Associates 141 S. Elm St., Arroyo Grande, CA 93420 3. Project Address: 900 El Camino Real, Atascadero, CA 93422 APN# 049-045-018 & 019 (San Luis Obispo County) 4. Certified Arborist: Michael J. Bova, #WE-3372A, Davey Resource Group 7327 California 41, Atascadero CA 93422 5. General Plan Designation: Commercial Park (CPK) 6. Zoning District: Commercial Park (CPK) with Planned Development Overlay #9 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 BACKGROUND: The Planned Development #9 on the subject site was originally approved in 1999 to allow the phased construction of 239,000 square feet of commercial buildings on 27 acres at the north end of El Camino Real. The Master Plan of Development was amended by Planning Commission in October 2012 to allow a 130 room, four -story Marriott Hotel facility and two outparcels for retail/restaurant uses. As part of the original and all subsequent approvals, an 8-foot wide, paved Class 1 bikeway was conditioned to be installed from the corner of El Camino Real and San Ramon Road, along the most westerly property line near HWY 101. The bike path would be installed in the existing trail easement which leads under the railroad trestle to the north of the project site, and would provide a recreational trail to the Salinas River, and a future off-highway bike transportation route to connect to Templeton. Some portions of the bikeway have been previously installed, and the remaining portion is to be completed with construction of the hotel. ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 ANALYSIS: When conceptual plans were submitted for the hotel last year, the bike path was shown on the plans and approved but the Planning Commission. However, there is an existing Live Oak located at the south edge of the property which was not identified on the plans submitted by the applicant at that time. During the building permit process, when the tree location was surveyed and identified on the civil plans, it was discovered that the bike path is proposed to be routed directly through the location of the existing Coast Live Oak tree. An application has been submitted by Jeff Emrick of Garing Taylor & Associates for the removal of one (1) multi-trunk 41-inch DBH Coastal Live Oak. The tree consists of three (3) trunks ranging from 10-15 inches each, for a total combined diameter of 41-inches. The tree is located in the southwest corner of the property adjacent to San Ramon Road and Highway 101. 8-foot wide, paved Class 1 bikeway to be constructed 41-inch DBH Live Oak tree conflicts with bike path ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 During building permit review, the City’s Planning and Public Works staff worked with the project engineer to identify possible modif ications to the design and location of the bike path route, and considered possibly splitting the path to preserve the tree in the middle. In an effort to save the tree, the City’s contracted arborist, Davey Resource Group, evaluated the tree and provided recommendations (Attachment 4). The arborist identified that tree was in overall good condition, and would normally recommend the tree as a good candidate for preservation. However, the constraints of the available space make preservation of the critical root zone difficult. Path alternatives such as ramping would be costly to implement, and would deviate from Class 1 standard construction. The arborist report states that even if the tree is avoided, installing the path so close to the tree will inevitably cause permanent damage to the tree. After reviewing all options, it was determined that the path could not be reconfigured to meet required design standards within the given area, and the tree would need to be removed. Tree Mitigation Section 9-11.105 of Atascadero Municipal Code requires mitigation for all trees approved for removal. Staff has included a condition in the attached resolution which requires either replanting or payment of fees to the tree fund. The applicant shall make mitigation payment of $683.33 into the Tree Fund, or plant fourteen (14) 5-gallon native trees on site. Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 41-inches Q. agrifolia 1 2 2 3 3 4 4 5 5 Total 41-inches Total 0-inches 41-inches Mitigation Requirement req'd tree replacements:14 five gal trees req'd tree replacements:0 five gal trees 14 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 14 five gal trees Remaining Mitigation 0 five gal trees 14 five gal trees Tree Fund Payment:683.33$ Tree Fund Payment:-$ 683.33$ ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the request. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. CONCLUSIONS: A request has been submitted to remove one 41 -inch DBH Live Oak tree. City staff recommends that the tree be removed in order to accommodate a Class 1 bikeway to connect to the Salinas River. Based on the above analysis, findings can be made to approve the requested removal, subject to the required mitigation. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 – Location Map (General Plan & Zoning) Attachment 2 – Aerial Photo Attachment 3 – Proposed Class 1 Bikeway Design Plans Attachment 4 – Arborist Report with Site Photos Attachment 5 – Draft Resolution PC 2013-0015 Bond payment for tree #31, impacted 45% : ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 ATTACHMENT 1: Location Map (Zoning Map) PLN 2099-0243 / TRP 2013-0162 900 El Camino Real General Plan Designation: Commercial Park (CPK) Zoning District: Commercial Park (CPK) & PD 9 Subject site: 900 El Camino Real ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 ATTACHMENT 2: Aerial Photo PLN 2099-0243 / TRP 2013-0162 900 El Camino Real 41” Coastal Live Oak proposed for removal ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 ATTACHMENT 3: Class 1 Bikeway Design Plans PLN 2099-0243 / TRP 2013-0162 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 ATTACHMENT 4: Arborist Report with Site Photos PLN 2099-0243 / TRP 2013-0162 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 ATTACHMENT 4: Arborist Report with Site Photos PLN 2099-0243 / TRP 2013-0162 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 ATTACHMENT 3: Draft Resolution PC 2013-0015 PLN 2099-0243 / TRP 2013-0162 900 El Camino Real DRAFT RESOLUTION NO. PC 2013-0015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2099-0243 / TRP 2013-1062, TO ALLOW THE REMOVAL ONE (1) MULTI-TRUNK COAST LIVE OAK TREE TOTALLING 41 INCHES DBH LOCATED AT 900 EL CAMINO REAL APN 049-045-018 & 019 (Garing Taylor & Associates / Westar Associates) WHEREAS, an application was received from Jeff Emrick, Garing Taylor & Associates, 141 S. Elm St., Arroyo Grande, CA 93420) (Applicant) and Westar Associates, 2925 Bristol Street, Costa Mesa, CA 92626, (Property Owner) to consider a Tree Removal Permit to remove one (1) Coast Live Oak totaling 41-inches DBH which is interfering with a proposed Class 1 bike route; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on May 21, 2013, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 21, 2013, resolved to approve Tree Removal Permit 2013- 0162, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Chart On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA _________________________________________ David Bentz Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2099-0243 / TRP 2013-0162 Conditions of Approval PLN 2099-0243 / TRP 2013-0162 900 EL CAMINO REAL Timing FM; Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 2. The applicant and/or subsequent owners shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. On going PS 3. The applicant shall pay $683.33 into the tree mitigation fund and/or replant fourteen (14) native trees on subject property, or any combination thereof. Fee/replanting shall be completed prior to permit final. Tree removal PS ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-21-13 EXHIBIT B: Tree Mitigation Chart PLN 2099-243 / TRP 2013-0162 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 41-inches Q. agrifolia 1 2 2 3 3 4 4 5 5 Total 41-inches Total 0-inches 41-inches Mitigation Requirement req'd tree replacements:14 five gal trees req'd tree replacements:0 five gal trees 14 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 14 five gal trees Remaining Mitigation 0 five gal trees 14 five gal trees Tree Fund Payment:683.33$ Tree Fund Payment:-$ 683.33$ t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 00\cup 2000-0014 home depot ii\2013 tree removal for bike path\pln2013-xxxx tree removal marriot.docx Bond payment for tree #31, impacted 45% : ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 Atascadero Planning Commission Staff Report – Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2013-1450 Minor Conditional Use Permit 2013-0265 Agriculture Processing – Wine Making 6625 Santa Cruz (Kirkpatrick) RECOMMENDATION: Staff Recommends Planning Commission: Adopt PC Resolution 2013-0014 to approve an on-site agriculture processing use in the form of wine making within an existing accessory structure at 6625 Santa Cruz based on the findings that the project is consistent with the City’s General Plan and subject to conditions of approval. SITUATION AND FACTS: 1. Owner/ applicant: Michael and Jody Kirkpatrick, 6625 Santa Cruz Road, Atascadero, CA 93422 2. Project Address: 6625 Santa Cruz Road, Atascadero, CA 93422 APN 049-092-045 3. General Plan Designation: Residential Estate (RE) 4. Zoning District: Residential Single-Family (RS) 5. Site Area: 2.4 acres 6. Existing Use: Single-Family Residence 7. Environmental Status: Proposed Class 1 categorical exemption for a proposed addition to an existing structure that does not result in an increase of 2,500 square feet total for the entire structure. ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 Aerial of Proposed Project Location DISCUSSION: Background: The subject property is 2.4 acres in size with an existing 1,440 square foot single-family residence with an existing 600 square foot detached garage. The property is located off of Santa Cruz Road and is served by a 12-foot private drive. Another residence is located to south of the property and utilizes this shared driveway for access. This driveway is also owned by the applicant. Currently, the applicant is operating a small boutique wine making facility within the detached garage. The wine that is produced in this garage is currently for “hobby” purposes and is not sold to the public. The applicant wishes to take this hobby operation and turn it into a home based business and intends to sell and market the wine. If conditional use permit is approved, the applicant will pursue proper licensing and bonding required by the California Department of Alcoholic Beverage Control (ABC). ANALYSIS: The applicant is seeking a Conditional Use Permit (CUP) for the proposed small wine making facility. The Atascadero Municipal Code defines this activity as “agriculture processing”: Surrounding Land Use and Setting: North: Residential Suburban (RS) South: Residential Suburban (RS) East: Residential Suburban (RS) West: Residential Suburban (RS) Shared Driveway ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 Municipal Code Section 9-3.701 Land Use Descriptions Ag Processing. Establishment performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market or further processing and packaging at a distance from the agricultural area including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries. The proposed operation falls under the “ag processing” description and requires a CUP prior to issuance of a business license. The applicant is proposing to continue to utilize the existing detached accessory structure for the small wine making operation. The applicant is proposing the following as a part of their proposed CUP: 1. Bring on-site up to ten (10) tons of locally grown grapes. The applicant will utilize a non-commercial truck to bring the grapes to the site. At no time will the applicant utilize large semi-vehicle (18-wheels) due to slope and widths of the driveway. Currently grapes are not grown on site, however Staff has included conditions allowing for grapes to be grown on -site if the applicant so chooses in the future (Condition 14). 2. The applicant crushes the grapes on-site. This is done with on-site machine that is not stored outdoors. The crushing of the grapes is completed directly outside of the detached structure, as well as inside the structure. 3. The proposed crushing and pressing will occur during the fall harvest season. This may change based on any additional grape varieties that are fermented on - site. 4. The applicant will discard waste from the crushing and fermentation proc ess either through on-site composting or in the weekly waste pick-up. 5. The applicant ferments the grapes on-site and stores them within the detached accessory structure. 6. The applicant bottles wine on-site. The maximum amount of wine to be produced will be approximately 10,000 bottles or 850 cases, whichever is greater of the two. 7. The applicant is proposing to bottle most of the wine during the summer season. This may change based on any additional grape varieties that are fermented on - site. 8. The hours of operation for the wine making facility will be 7am to 7pm, consistent with the City’s Home Occupation business license regulations (AMC 9-6.105(d)). As a part of the CUP the applicant is required to legalize unpermitted construction within the accessory building. This includes an unpermitted addition to the accessory structure, a 220 square foot office, and additional electrical work (Condition 6). The applicant has insulated and dry-walled the accessory structure and installed a small ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 cooling system to keep the accessory structure at temperatures necessary for the aging and fermenting processes. Existing Fermenting of wine within the accessory structure Neighborhood Compatibility Staff has met with the applicant to discuss compatibility of the proposed wine making facility with the surrounding neighborhood. Staff’s concerns include the following:  Expansion of the facility that may include on-site tasting if the winery is successful;  Additional neighborhood traffic due to additional employees and deliveries. As a part of the CUP conditions of approval, staff has include d conditions to address neighborhood compatibility. At this time the applicant is proposing only the wine making operation. No additional employees will be allowed on -site, consistent with the Atascadero Municipal Code section 9-6.105(c)(ii) as well as Condition 9. A tasting room, where visitors go to the property and taste the wine, is not included as a part of this application due to the cost and complexity of const ructing such a facility at ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 this time. A condition has been included that prohibits a tasting room at this time (condition 13). Should the applicant wish to add a tasting room as a part of the operation, the applicant would require an amendment to the CUP. Staff has also crafted conditions that limit the amount of production for the facility (condition 8). These production numbers are based on information given by the applicant. Additional production may be feasible and would require an Amendment to the CUP. FINDINGS: The Planning Commission must make the following findings in order to approve a CUP for ag processing within the Residential Suburban (RS) zone, consistent with Atascadero Municipal Code section 9-2.110(3)(iv). If the Commission chooses to deny the project, the Commission must make specific findings for denial. 1. The proposed project or use is consistent with the General Plan. Staff Comment: The proposed project and use is consistent with the Atascadero General Plan. The proposed ag processing (wine making) will be conducted within an existing accessory structure. The wine making is not the primary use of the property, and remains accessory to residential home, which is occupied by the applicant. This is consistent with the City’s regulations on both accessory structures and home occupations. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment The City’s Zoning Ordinance allows for agriculture processing, including wine making, provided that a property owner obtains a minor conditional use permit. The existing accessory structure currently meets all exterior and interior setbacks and will be required to obtain a building permit for all unpermitted work. Based on these items, the proposed project satisfies all applicable provisions of the zoning ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment The proposed agriculture processing will not be detrimental to the health, safety, or welfare of the general public or persons residing or working in the ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use, based on the conditions of approval that include limits to the amount of wine produced, regulations for discharging the waste, and other organic material. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment The proposed agriculture processing is consistent with the surrounding neighborhood context because the proposed wine making facility will be located within an existing accessory structure. The accessory structure’s appearance is consistent with the character of the immediate surrounding structures. In addition, Staff has provided conditions tha t limit production of the facility as well as limit expansion that may be inconsistent with the character of the immediate neighborhood that includes the prohibition of a tasting room and addition al employees. 5. That the proposed use or project will not ge nerate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment The proposed wine making facility within the existing accessory structure will not generate a volume of traffic beyond the safe capacity of the existing or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element . Although the proposed use will include additional deliveries during harvest season, these deliveries will occur only seasonally and are limited to the type of vehicle due to the slope and width of the existing driveway. 6. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. Staff Comment The proposed ag processing (wine making) would be in compliance with City Policies and ordinances with approval of the CUP. CONCLUSIONS: The proposed CUP would enable the applicant to convert a “hobby” operation that produces wine to a business to sell to customers with proper licensing and bonding from ABC. Wine making is considered “ag processing” as defined by the Atascadero Municipal Code and is a conditionally allowed use within the RS zone. Based on staff’s ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 analysis in the preceding sections, all of the required findings for approval of a CUP can be made. The project satisfies all applicable provisions of the zoning ordinance and City Policies; the project is consistent with the neighborhood character and orderly development , as conditioned; and the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the proposed project, as conditioned. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 – Location Map (General Plan & Zoning) Attachment 2 – Site Photos Attachment 3 – Proposed Site Plan Attachment 4 – Proposed Floor Plan Attachment 5 – Applicant Letter Attachment 6 – Draft Resolution PC 2013-0014 ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2013-1450 / CUP 2013-0265 6625 Santa Cruz Project Site 6625 Santa Cruz ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 ATTACHMENT 2: Site Photos PLN 2013-1450 / CUP 2013-0265 6625 Santa Cruz View of proposed accessory structure Existing Driveway Access ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 Rear View of Accessory Structure ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 ATTACHMENT 3: Proposed Site Plan PLN 2013-1450 / CUP 2013-0265 6625 Santa Cruz ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 ATTACHMENT 4: Proposed Floor Plan PLN 2013-1450 / CUP 2013-0265 6625 Santa Cruz Road ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 ATTACHMENT 5: Applicant Letter PLN 2013-1450 / CUP 2013-0265 6625 Santa Cruz Road ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 ATTACHMENT 6: Draft Resolution PC 2013-0014 PLN 2013-1450 / CUP 2013-0265 6625 Santa Cruz DRAFT RESOLUTION NO. PC 2013-0014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2013-1450 / CUP 2013-0265, A CONDITIONAL USE PERMIT FOR AGRICULTURE PROCESSING (WINE MAKING) FOR COMMERCIAL PURPOSES WITHIN THE RESIDENTIAL SUBURBAN ZONE (KIRKPATRICK) WHEREAS, an application was received from Michael and Jody Kirkpatrick, 6625 Santa Cruz Road, Atascadero, CA 93422, (Owner/Applicant) for a Minor Conditional Use Permit to allow for agriculture processing in the form of wine making in the Residential Suburban (RS) Zone; and, WHEREAS, the proposed project has a General Plan Designation of Residential Estate (RE) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban zone (RS), which allows for the agriculture processing as a conditionally allowed use; and, WHEREAS, agriculture processing is defined as Establishment performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market, including the production of wine; and, WHEREAS, a Conditional Use Permit is required to allow an agriculture processing use within the Residential Suburban (RS) Zone; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15301 Existing Structures with a proposed addition less than 2,500 square feet; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Minor Conditional Use Permit application on May 21, 2013 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project is Categorically Exempt under Class 1, Section 15301 of the California Environmental Quality Act. SECTION 2. Findings for approval of oversized accessory structure. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and, 6. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 21, 2013, resolved to approve Conditional Use Permit 2013-0265, subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Floor Plan ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ David Bentz Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 EXHIBIT A: Categorical Exemption PLN 2013-1450 / CUP 2013-0265 6625 Santa Cruz ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 EXHIBIT B: Conditions of Approval PLN 2013-1450 / CUP 2013-0265 6625 Santa Cruz Road Conditions of Approval PLN 2013-1450 / CUP 2013-0265 Address: 6625 Santa Cruz Road Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Department Standard Conditions 1. This Conditional Use Permit shall be for a small wine making facility (ag processing) as described on the attached exhibits and located on parcel APN 049-092-045 (6625 Santa Cruz Road) regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the approved plan. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. BP PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the project. Ongoing PS, CA 6. Prior to sign off of any license from the State Department of Alcohol Beverage Control (ABC), the applicant shall apply and be issued a building permit for non-permitted work within the accessory structure that includes the following:  220 square foot addition may be permitted as an unconditioned office area.  Electrical work BP PS 7. As identified in Exhibit D, structure is to remain a “U” occupancy. Any additions or modifications to the building other than the legalization of unpermitted work associated with this approval will require a CUP amendment. BP PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 Conditions of Approval PLN 2013-1450 / CUP 2013-0265 Address: 6625 Santa Cruz Road Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 8. The wine making operation shall be limited to approximately 10,000 bottles or 850 cases of wine production in a calendar year (January to December). Any production beyond this capacity shall require an addendum to the CUP. Ongoing PS 9. The wine making operation shall be limited to the applicant and/or resident of the property, consistent with the City’s Home Occupation regulations (AMC 9-6.105). Any additional employees that are not residents of the property will require an amendment to the CUP. Ongoing PS 10. Hours of operation are limited to 7am to 7pm. To the extent feasible, crushing operations should be limited to the area identified as “crushing pad” in Exhibit D. Ongoing PS 11. A maximum of ten (10) tons of grapes shall be transported to the site in a calendar year (January to December). Additional tonnage shall require an addendum to the CUP. Ongoing PS 12. Deliveries shall be limited to non-commercial vehicles as defined by Commercial Vehicle Registration Act. Ongoing PS 13. A tasting room or other type of facility where visitors can taste wine manufactured on the premise is prohibited. Any tasting room or similar type structure shall require an addendum to the CUP Ongoing PS 14. The growing of grapes on-site is permitted as long as the production remains an accessory use to the existing residential unit and is associated with the wine making facility. Ongoing PS Public Works Conditions 15. Applicant shall provide proof of enrollment in, or exemption from the Central Coast Water Board’s Categorical Waiver of Waste Discharge Requirements and Waiver of Requirement to Submit Report of Waste Discharge prior to start of operations. BL PS 16. Winery wastewater and wine shall not be discharged to the septic system serving the single family residence. Ongoing PS 17. Applicant shall insure that process wastewater, grape skins, pips, lees and other winemaking waste, wine and by-products do not come in contact with stormwater. Ongoing PS 18. Applicant shall land apply wastewater or discharge to a separate septic system consistent with the requirements of the Central Coast Regional Water Quality Control Board’s Waiver for Small Winery Discharges. Ongoing PS 19. Applicant shall design the onsite septic disposal system (if proposed) to comply with the City of Atascadero and Central Coast Regional Water Quality Control Board’s Commercial septic system Ongoing PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 Conditions of Approval PLN 2013-1450 / CUP 2013-0265 Address: 6625 Santa Cruz Road Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney requirements. 20. Applicant shall minimize water usage to the amount needed for proper winery sanitation and winery wastewater shall not flow from the property. Applicant shall insure that winery wastewater is provided ample time to soak into the winery property if land applied. Applicant shall employ proper housekeeping by sweeping up grape material. Ongoing PS 21. Applicant shall maintain an odor free composting operation if grape skins are composted onsite. Compost shall be spread onsite every six months. Stockpiled compost shall not come into contact with stormwater runoff or rain. Ongoing PS 22. Grape processing shall be conducted under a roof or similar cover if rain is forecasted during crush operations. Ongoing PS \\cityhall\cdvlpmnt\- 13 plns\pln 2013-1450 cup 6625 santa cruz wine making\pln 2013-1450-sr.pc.ac.docx ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 EXHIBIT C: Site Plan PLN 2013-1450 / CUP 2013-0265 Location of wine making facility ITEM NUMBER: ITEM NUMBER: 3 DATE: 5-21-13 EXHIBIT D: Floor Plan PLN 2012-1450 / CUP 2013-0265 Area requiring building permits. See Condition #6