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Home My WebLink AboutPC_2011-02-01_AgendaPacketCITY OF A TA SCADER O PLANNING COMMISSION A GENDA Regular Meeting Tuesday, February 1, 2011— 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Vice Chairperson Bentz Commissioner Colamarino Commissioner Schmidt Commissioner Ward Commissioner Vacant Commissioner Vacant Commissioner Vacant 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 and address 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 A. ADMINISTRATION OF OATH OF OFFICE Marcia Torgerson, City Clerk, will administer the Oath of Office to newly appointed Commissioners Christian Cooper, Beth Wingett, Mark Dariz, Chuck Ward, Len Colamarino, and Dennis Schmidt. B. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON The Commission will select a Chairperson and Vice Chairperson. City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting, February 1, 2011 Page 2 of 4 (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 DECEMBER 7, 2010. COMMUNITY DEVELOPMENT STAFF REPORTS None 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 and address 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).) 2. PLN 2010-1372, CONDITIONAL USE PERMIT FOR PRESCHOOL AT 4400 PORTOLA ROAD Property Patrick and Teresa Shepherd, 4400 Portola Road, Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2010-1372, Conditional Use Permit 2010-0252 Project Location: 4400 Portola Road, Atascadero, CA 93422 APN 054-051-022 (San Luis Obispo County) Project The project consists of an application to establish a preschool for up to 17 children in a Description: residential neighborhood. A preschool is a conditional use in the Residential Single -Family zone. An existing single-family residence is proposed to be converted to meet building code and zoning requirements for use as a preschool. The subject site is served by an on- site septic system. Zoning: RSF-Z (Residential Single -Family — Z) General Plan Designation: SFR -Z (Single -Family Residential) The project qualifies for a Class 1 Categorical Exemption (Section 15301) for minor Proposed alteration to existing facilities. Environmental Determ ination: City of Atascadero Planning Commission Agenda Regular Meeting, February 1, 2011 Page 3 of 4 3. GENERAL PLAN/ZONING ORDINANCE/CEQA STUDY SESSION This is a Study Session item that includes a brief review of what the Planning Commission's role is. This item will review the City's adopted General Plan, the existing Zoning Ordinance and its function in implementing the General Plan, and how environmental determinations are made and their use in the development process. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for February IS, 2011, 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, thatperson 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, February 1, 2011 Page 4 of 4 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 EI Camino Real, Atascadero. Matters are considered by the Commission 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 during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 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 video-taped and 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 services 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 the 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. ITEM NUMBER: 1 DATE: 2-1-11 CI TY OF A TA SCA DERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting — Tuesday, December 7, 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 Schmidt led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier and Lisa Wise, Housing Consultant Staff Present: Community Development Director Warren Frace, Associate Planner Callie Taylor, Assistant Planner Alfredo Castillo, and Deputy Director of Public Works David Athey APPROVAL OF AGENDA MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 6:0 by a roll -call vote. PC Draft Action Minutes of 12/7/10 Page 1 of 7 PUBLIC COMMENT None PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON NOVEMBER 16, 2010. 2. APPROVAL OF THE 2011 PLANNING COMMISSION MEETING SCHEDULE MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 3. PLN 2008-1273, DRIVE-THRU RESTAURANT AMENDMENT TO RITE -AID CENTER CUP AT 7055 EL CAMINO REAL Property Owner: Atascadero Prec., LLC, 5034 Carpinteria Ave., Carpinteria, CA 93013 Applicant: Thom Jess, 1540 Marsh Street #150, San Luis Obispo, CA 93401 Project Title: PLN 2008-1273, Amendment to Conditional Use Permit 2008-0223 at 7055 EI Camino Real (Former Rite Aid building) Project Location: 7055 EI Camino Real, Atascadero, CA 93422 APN 030-081-041 (San Luis Obispo County) Project Amendment to CUP 2008-0223 to allow for the construction of an additional drive-thru Description: restaurant facility as a part of the redevelopment of the former Rite Aid building. The applicant is proposing remodel and rehabilitation of the former Rite Aid building to include a 1,650 sf Starbucks Coffee Shop with drive-thru lane and outdoor patio space, retail space totaling 13,850 sf for future tenants and an additional storage/service area of approximately 6,000 sf. The footprint of the building will not be increased with the exception of 40 sf for the addition of a drive-thru window. Proposed improvements include architectural pop -outs, new windows, metal awnings, decorative wall mounted light fixtures, stone veneers and Spanish tile roofing, and additional landscaping. PC Draft Action Minutes of 12/7/10 Page 2 of 7 Assistant Planner Alfredo Castillo gave the staff report. Q&*s]11016'i1]N=Eel 2*:41]_1:i114141!]LY, lLYA[1]►1KIN I[*]►615 • Commissioner Schmidt sent an email to Assistant Planner Castillo regarding some circulation concerns about the project, which Alfredo answered, and which will be addressed again at tonight's hearing. • Commissioner Ward had a telephone conversation with the Architect, Thom Jess. Assistant Planner Alfredo Castillo and Deputy Director of Public Works David Athey answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Thom Jess, Arris Studio Architects. Mr. Jess answered questions from the Commission. Chairperson Moreno closed the Public Comment period. Commissioner Colamarino asked that it be put in the record that drive-thrus (and the appropriateness of them) should be considered carefully whenever the Commission is looking at Conditional Use Permits. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to adopt Resolution PC 2010- 0024 approving an Amendment to the Master Plan of Development, Conditional Use Permit 2008-0223 to allow an additional drive thru facility as a part of the renovation and remodel of the existing 21,500 sf retail building at 7055 EI Camino Real, based on findings and subject conditions of approval and mitigation monitoring, and consistent with the adopted mitigated negative declaration. Motion passed 6:0 by a roll -call vote. PC Draft Action Minutes of 12/7/10 Page 3 of 7 Zoning: CR (Commercial Retail) General Plan Designation: GC (General Commercial) Consistent with previously certified Mitigated Negative Declaration Proposed Environmental State Clearinghouse Number (SCH) #2008021071 Determination: Assistant Planner Alfredo Castillo gave the staff report. Q&*s]11016'i1]N=Eel 2*:41]_1:i114141!]LY, lLYA[1]►1KIN I[*]►615 • Commissioner Schmidt sent an email to Assistant Planner Castillo regarding some circulation concerns about the project, which Alfredo answered, and which will be addressed again at tonight's hearing. • Commissioner Ward had a telephone conversation with the Architect, Thom Jess. Assistant Planner Alfredo Castillo and Deputy Director of Public Works David Athey answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Thom Jess, Arris Studio Architects. Mr. Jess answered questions from the Commission. Chairperson Moreno closed the Public Comment period. Commissioner Colamarino asked that it be put in the record that drive-thrus (and the appropriateness of them) should be considered carefully whenever the Commission is looking at Conditional Use Permits. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to adopt Resolution PC 2010- 0024 approving an Amendment to the Master Plan of Development, Conditional Use Permit 2008-0223 to allow an additional drive thru facility as a part of the renovation and remodel of the existing 21,500 sf retail building at 7055 EI Camino Real, based on findings and subject conditions of approval and mitigation monitoring, and consistent with the adopted mitigated negative declaration. Motion passed 6:0 by a roll -call vote. PC Draft Action Minutes of 12/7/10 Page 3 of 7 Chairperson Moreno recessed the meeting at 8:26 p.m. for a break. Chairperson Moreno called the meeting back to order at 8:36 p.m. 4. PLN 2009-1328, GENERAL PLAN HOUSING ELEMENT, LAND USE ELEMENT AND ZONING CODE/MAP UPDATE Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Project Title: General Plan Housing Element, Land Use Element, and Zoning Code/Map Update PLN 2009-1328 / GPA 2009-0025 / ZCH 2010-0162 Project Citywide Location: (San Luis Obispo County) Project An update to the Housing Element of the City of Atascadero's General Plan is proposed Description: as required by Government Code Sections 65580-65589.8. The draft Housing Element provides implementation strategies for the 2007 - 2014 planning period to meet RHNA and provide affordable and diverse, high quality housing opportunities to meet the needs of all segments of the community. Housing Element update efforts have been ongoing for the past several years, with multiple hearings before the City Council and Planning Commission, public workshops, completion of environmental documents, and review by the State (Housing and Community Development). The City has received notice from HCD that the draft Housing Element meets State requirements, and with official City Council adoption, the Housing Element is ready for State certification. General Plan and Zoning Ordinance updates are proposed in conjunction with the Housing Element adoption in order to meet the City's current and unfulfilled Regional Housing Needs Allocation and to comply with Housing Element Policy 1.1, Programs 1 and 2. The General Plan High Density Land Use Designation is proposed to be increased from a maximum of sixteen (16) units per acre to a minimum of twenty (20) units per acre. A corresponding Zoning Ordinance Text Change and Zoning Map update are proposed to change the RMF -16 Zoning District is to RMF -20 (minimum 20 units per acre proposed). A second Municipal Code Text update is proposed to clarify definitions which relate to housing. The City's outdated definition for "family' is proposed to be replaced with "single housekeeping unit" for describing use of dwellings. This revised description is proposed to comply with the law and use only nondiscriminatory occupancy standards to describe an interactive group of persons jointly occupying a single dwelling unit. Based on the Initial Study prepared for the project, a Negative Declaration is proposed. Proposed The Negative Declaration is available for public review at 6907 EI Camino Real, Environmental Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Determination: Friday. The public review period is from November 2, 2010, through December 1, 2010. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Sturtevant recused himself from voting on the item, since he was elected to City Council, and will be voting on this item at the Council meeting on January 25, 2011. PC Draft Action Minutes of 12/7/10 Page 4 of 7 Associate Planner Callie Taylor gave the staff report and explained the Housing Element Update Process. Since the Commission last saw the Housing Element update, it went to the State Dept of Housing and Community Development, which deemed it complete. In conjunction with the Housing Element update, staff is proposing a General Plan and Zoning Ordinance update to allow a minimum of 20 units per acre in the high-density residential zones. The RMF -16 zone would change to RMF -20. Staff is also proposing to update the definition of "family" in the Zoning Ordinance. Ms. Taylor introduced Ms. Lisa Wise, Housing Consultant. Ms. Taylor stated that there is a modification in Resolution No. 2010-0028, 9-3.175 Density to clarify 20 units/ac as the minimum density in the Zone Text change. Chairperson Moreno stated that on page 466 of the staff report, there is a typo in the "single housekeeping definition." It should read landlord or property manager (instead of landlord of property manager). Ms. Taylor was in agreement. Ms. Wise, Ms. Taylor and Director Frace answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Jerry Rioux, Director of the SLO County Housing Trust Fund. Chairperson Moreno closed the Public Comment period. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to adopt Resolution PC 2010- 0025 recommending that the City Council certify proposed Negative Declaration 2010-0005 prepared for the proposed General Plan Housing Element, Land Use Element/Map and Zoning Code/Map Update (PLN 2009- 1328 / GPA 2009-0025 / ZCH 2010-0162) and; To adopt Resolution PC 2010-026 recommending that the City Council adopt General Plan Amendment 2009- 0025 (PLN 2009-1328) for the 2007-2014 Housing Element adoption based on findings with a change to Policy 13. Timeframe: to change to "within one year of Housing Element adoption" and would extend it to all units. To adopt Resolution PC 2010-0027 recommending that the City Council approve General Plan Land Use PC Draft Action Minutes of 12/7/10 Page 5 of 7 Element Update and General Plan Land Use Diagram Update (PLN 2009-1328 / GPA 2009-0025) to allow a minimum density of 20 units per acre in the high density residential land use designation and; To adopt Resolution PC 2010-0028 recommending that the City Council introduce an ordinance for first reading by title only to approve zoning code and zoning map updates PLN 2009-1328/ZCH 2010-0162 to change RMF - 16 to RMF -20 and update Zoning Ordinance definitions related to housing based on findings. 9-6.180 (c) shall read twenty (20) units per gross acre. 9-9.102 shall read landlord or property manager, (rather than landlord of property manager). There was Commission consensus that a fee study or investigation is a priority item and should be completed within one year. A modification was made to the draft Housing Element text to change the timeframe for completion of Policy 1.1 Program 13 from three (3) years to one (1) year. There was Commission consensus to direct staff and the consultant to investigate the possibility of including a maximum density with the proposed RMF -20 zoning district. Findings regarding potential maximum density to be presented to City Council for consideration. Motion passed 5:0 by a roll -call vote. (Sturtevant abstained) Commissioner Sturtevant rejoined the meeting at 9:35 p.m. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Bentz talked about timeframes for processing permit applications and its relation to housing needs. He would like to have a study done to see how staff can speed up in-house processing. Commissioner Schmidt attended a public hearing in Grover Beach and the City has been inviting a student from the school district to do the pledge of allegiance. He said we might consider this at Planning Commission and City Council meetings. PC Draft Action Minutes of 12/7/10 Page 6 of 7 Commissioner Schmidt congratulated Commissioner Sturtevant on his appointment to City Council. Commissioner Sturtevant said it has been an honor to work on the Commission. Chairperson Moreno said this will be her last meeting as well, and it has been a pleasure. She thanked staff for their work, reports, calls, etc. Commissioner Colamarino announced that it is also his last night. It has been a pleasure, and he also wished Commissioner Sturtevant well. He looks forward to working together on matters that arise in the City. Commissioner Ward wished Commissioner Sturtevant well, and said the City will be well -served with Brian Sturtevant on the City Council. Commissioner Ward said the entire attitude of how the City handles builders and developers is better and he has received positive feedback. He is very proud to serve on the Planning Commission, and hopes to serve another 2 -year term. Vice Chairperson Bentz commented to all commissioners that he knows the commissioners care a lot about our City, and as a result of their caring, he is a better person. As for staff, there is none better. He thanked the Commission for allowing him to be a part of this program. DIRECTOR'S REPORT • Director Frace announced that there will be no meeting will be on December 21, 2010, or January 4, 2011 due to possible lack of quorum. The next meeting will be held on January 18, 2011. • Director Frace gave an update on the Eagle Ranch and Walmart projects. • Director Frace gave an economic update: Autozone has submitted a permit to move into the Hollywood Video building; the Colony Square and Galaxy Theatre project is moving ahead quickly, Carrow's Restaurant will be remodeled to be Coco's Restaurant. ADJOURNMENT - 9:50 p.m. The next regular meeting of the Planning Commission is scheduled for January 18, 2011, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary \\cityhall\cdvlpmnt\— pc minutes\pc minutes 10\pc draft actn minutes 12 7 10.doc PC Draft Action Minutes of 12/7/10 Page 7 of 7 ITEM NUMBER: 2 DATE: 2-1-11 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2010-1372 / Conditional Use Permit 2010-0252 Preschool 4400 Portola Road (Shepherd) SUBJECT: The project consists of an application to establish a preschool for up to 18 children in a residential neighborhood. An existing single-family residence is proposed to be converted to meet building code and zoning requirements for use as a preschool. The Atascadero Municipal Code conditionally allows preschools in the Residential Single - Family Zone subject to Planning Commission review. RECOMMENDATION: Planning Commission adopt Resolution PC 2011-0001 approving PLN 2010-1372, a Conditional Use Permit for a preschool, based on findings and subject to Conditions of Approval. Situation and Facts 1. Owner: Patrick & Teresa Shepherd, 4400 Portola Road, Atascadero, CA 93422 2. Project Address: 4400 Portola Road, Atascadero, CA 93422 (San Luis Obispo County) APN 054-051-063 3. General Plan Designation: Single -Family Residential (SFR -Z) 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status Residential Single -Family (RSF-Z) 1.80 acres net Single -Family Residence Class 1 Categorical Exemption DISCUSSION: Background o Surrounding Land Use and Project Location: s �� Setting: 4400 Portola Rd. t s North: Single -Family Residential South: Single -Family Residential East: Single -Family Residential West: Single -Family Residential Portola Rd. w, The property is currently developed with two separate single family residences and a detached studio/workshop. The two existing residences are original Colony structures built around 1917. Both are legal residential units. Unit A is occupied by the property owner / applicant and unit B is a rental unit. The studio/workshop was permitted through Conditional Use Permit in 1996. CUP 1996-012 was processed to allow a three car garage/workshop with a 680 square foot art studio/guest quarters on the second floor. I_1 LNFAW&1&3 Preschools in the SFR zone are permitted with the approval of a Conditional Use Permit. This allows the Planning Commission and the surrounding neighbors a chance to review the proposal to determine compatibility with the existing neighborhood and include any conditions or project design changes to mitigate potential impacts. The applicant is proposing to convert one of the existing single family residences (unit B) to a preschool for up to 18 children. Children at the preschool would be between the ages of 3 to 5 years old. Hours of operation would be from 6 am to 6 pm, Monday through Friday. The applicant would make changes to the site and structure to comply with the Building Code and Zoning Code requirements for a preschool, and to provide better access and parking on site. The primary residence (unit A) will continue to be used as a single family residence by the property owner. 0 Existing rental unit B proposed to be converted to preschool Fenced outdoi rea for presch' Accessible parking space Parking / Traffic / Circulation Site Plan L The applicant is proposing a loop driveway with one way in and one way out drive aisles accessing the parking lot. A new curb cut is proposed south of the existing driveway for the site entrance driveway. A parking area with six (6) parking spaces is provided towards the center of the site near the existing workshop/studio. There is sufficient room for cars to pull in the parking spaces, turn around, and exit onto Portola Road in a forward direction. There will not bee any cars backing out onto Portola Road. An accessible parking space will be provided near the entrance to the preschool building. An accessible path of travel would be provided from the parking space to the front door of the building. Site Design The existing residential structure, unit B, located at the back of the 1.8 acre lot at 4400 Portola is proposed to be converted to a preschool. A fenced playground and outdoor eating area will be located adjacent to the preschool building. Approximately one third of an acre will be used for the preschool and fenced play area. Modifications to the existing residence are proposed to meet building code requirements for the proposed change in occupancy. The existing 1000 square foot, two bedroom structure would be converted to a two classroom preschool. The applicant is proposing only interior modifications as necessary, and will be preserving the exterior appearance of the original Colony structure. The restrooms would be modified to provided one ADA compliant accessible restroom, and one additional children's restroom room designed to meet the Community Care Licensing standards for a preschool. The existing kitchen would remain for use by the preschool. Parking lot "°"�'° 6 spaces Exit dr e o a.a..� O AZN i ix 1.92, �• cr e`A,._ Q 9 esidence ov " ni Existing workshop / studio ~ —�;• - '� ntrance drivewa , •, ! 461.66' The applicant is proposing a loop driveway with one way in and one way out drive aisles accessing the parking lot. A new curb cut is proposed south of the existing driveway for the site entrance driveway. A parking area with six (6) parking spaces is provided towards the center of the site near the existing workshop/studio. There is sufficient room for cars to pull in the parking spaces, turn around, and exit onto Portola Road in a forward direction. There will not bee any cars backing out onto Portola Road. An accessible parking space will be provided near the entrance to the preschool building. An accessible path of travel would be provided from the parking space to the front door of the building. Site Design The existing residential structure, unit B, located at the back of the 1.8 acre lot at 4400 Portola is proposed to be converted to a preschool. A fenced playground and outdoor eating area will be located adjacent to the preschool building. Approximately one third of an acre will be used for the preschool and fenced play area. Modifications to the existing residence are proposed to meet building code requirements for the proposed change in occupancy. The existing 1000 square foot, two bedroom structure would be converted to a two classroom preschool. The applicant is proposing only interior modifications as necessary, and will be preserving the exterior appearance of the original Colony structure. The restrooms would be modified to provided one ADA compliant accessible restroom, and one additional children's restroom room designed to meet the Community Care Licensing standards for a preschool. The existing kitchen would remain for use by the preschool. A covered entry structure is proposed at the front of the driveway near Portola Road. The structure shall be setback a minimum of 25 feet from the front property line (Condition #8). The entry structure is proposed by the applicant to enhance the appearance of the property and clearly delineate the entrance. The structure is included with the CUP for approval; however, construction of this structure is not a requirement of the project. An 11 square foot entry sign is proposed at the site entrance driveway near Portola Road. An additional wall sign may be provided on the proposed preschool building, not to exceed 20 square feet in size (Condition #11). Septic Design In order to verify that the existing septic system can support the proposed preschool, the applicant has obtained a Septic System Evaluation Report from a licensed engineer. The existing 1250 gallon septic tank was installed in 1997, and currently serves the two existing two-bedroom residences on site. With the conversion of unit B to a preschool, the existing system will be serving unit A (a one two bedroom residence) and a preschool for up to 18 children, and three (3) staff members. The Engineer's report calculations identify that the preschool will use approximately 12 gallons per student per day, with a total wastewater output of approximately 276 gallons per day for facility (which includes 18 children and three adults). A two bedroom residence is estimated to produce approximately 250 gallons per day. Therefore, the preschool will generate approximately the same amount of waste water as the existing residential unit which is proposed to be converted, and can be served by the existing septic 1250 gallon system. Public Works has included conditions of approval with the attached resolution which require inspections and / or remedial construction, according to the recommendations in the November 27, 2010 Septic System Evaluation Report (Public Works Condition #1) Guest House Conversion Current code standards allow the subject property to be developed with one primary residential unit, and one second unit. With the conversion of the existing residential unit to a preschool, the applicant will be permitted to convert the existing studio/ workshop to a legal second unit. CUP 1996-012 was originally processed to allow the second floor studio / guest quarters in addition to the existing two residences. Condition #3 of CUP 1996-012, which was originally included with the Planning Commission approval in 1996 to restricted the studio from being used as living quarters or a third unit, shall be eliminated. The upstairs studio may be converted to a second unit with the appropriate permits upon the conversion of unit B to a preschool. A separate address shall be assigned to each living unit and the preschool. General Plan Consistency The proposed project is consistent with the following General Plan Housing Element Policy: Policy LOC 14.2: Attract new development and land uses that provide jobs and services for residents, provided that those uses are consistent with the City's character. Policy LOC 15.9: Ensure high quality educational facilities and services are provided to the community. In staff's opinion the proposed 18 -client preschool facility is consistent with the surrounding neighborhood and will not create significant impacts to neighborhood traffic with elimination of the single-family use and redesign of the parking area and driveway. The Fire Department has reviewed the site and has determined that there is adequate emergency access from Portola Road and through the project site. The Building Department and Fire Department have reviewed the plans conditioned the project to provide the building and site upgrades necessary for the change in occupancy. Findings The Planning Commission must make the following five findings to approve the requested use: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the housing elements goals and policies outlined in the General Plan. The applicant has designed the site changes to be consistent with the requirements of the Appearance Review Manual. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance.) Staff Comment: The proposed use is consistent with all zoning ordinance requirements. The applicant has demonstrated that with the proposed changes, the site and structure will meet all of the requirements of AMC Section 9-6.125 (Schools and preschools) and all other related zoning and building code requirements for the proposed use and change in occupancy. 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 use will not be detrimental to the general public or working persons health, safety, or welfare. 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 project site is a 1.8 acre site in the RSF-Z zoning district. There are similar type uses, such as preschools, daycares, and churches in the near vicinity on Portola Road and Santa Lucia Road. The proposed preschool use will not negatively impact the surrounding neighborhood. 5. That the proposed use or project 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. Staff Comment: The site has been evaluated by Public Works and Fire Department staff for access. The proposed project and use are consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Environmental Determination The proposed project qualifies for a Class 1 Categorical Exemption (section 15301) for minor alteration to existing facilities. Conclusion The proposed project is a request to establish a preschool for up to 18 children in a residential neighborhood. Upgrades to the site and existing structure are proposed in conjunction with the change in occupancy for the new use. The proposed preschool will not create substantial impacts to the surrounding neighborhood. The use is compatible with the Residential Single -Family Zoning Designation and will increase opportunities for children and parents/guardians in the City. ALTERNATIVES 1. The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would continue to be used for the two existing single-family residences only. The Commission should specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Letter from Applicant Attachment 3: Categorical Exemption Attachment 4: Draft Resolution PC 2011-0001 Attachment 1: Location Map, General Plan and Zoning Zoning: RSF-Z (Residential Single -Family) General Plan Designation: SFR -Z (Single -Family Residential) 4 •I a \ b •4 \� O ♦ 1ZO dTQ 4 � i � Yq --- O • r O♦►Q • � •� � R a v o 8 / w Op Y A9 �JO �.,� Ob{A7lAf0 O� � p r• am1•{{ P jb•0 b Q Q �` ♦0♦ � B ff{•f1•fl ., d+0EA11 {•f�•{f i ' 1EA¢ t 4 ►, I -M 9 ".40462 h+E'� 8 09 l0 l tpf♦10 AO Q,{A N'O • qyO� O WA1b {651 {491 S 0{m1•ff JA$ spy' %., __ 4if •J. O\,ptt N'6 y 6 4400 Portola Rd. l S �s\A01 M ayaeyO'" TµAtT� OyOyp g' a Oy6Op � _ _ + • + --_ J • mrmr••{ 1141 m/49T 18 ', ••y'r ¢ �{Og1A* 6{ALtA01 ♦�♦• • pf.Atn*o y41 °OS '06 •• �fA+ij°*' ♦°' � � � b\7 m " A\ P - A, p • $ •tae-., b .4"1.82 O,r6W 6� te.4 1A1i �Oyae1 O+`p17A\O 1020 `.. Zoning: RSF-Z (Residential Single -Family) General Plan Designation: SFR -Z (Single -Family Residential) Attachment 2: Letter from Applicant Patrick & Teresa Shepherd 4400 Portola Road Atascadero, Ca. 93422 July 18, 2010 City of Atascadero Community Development Department 6907 EI Camino Real Atascadero, Ca. 93422 Dear City of Atascadero: There are many Preschools within our community that are providing early educational needs and care for many families; in fact there are 2S preschools in North County alone. Five of those schools are faith based preschools. We are asking permission to open a Christian Preschool that will provide a quality early educational program. Our mission will be to give hope to the children in our community by teaching them principled moral values that stem from the word of God. We want to encourage spiritual, intellectual, social, and emotional growth through professional and caring teachers who will bring to life the word of God in the children's everyday life. PROGRAM FEATURES AND SERVICES A. To provide a warm and loving faith based educational environment for children from three to five years of age B. Daily small group instruction which promotes skill development for kindergarten awareness C. A perfect balance of nurturing, learning and playing D. Our curriculum has a mix of child -directed and teacher -directed activities E. To provide a Christian environment for children to grow in God's love while strengthening their social, emotional, academic and physical development F. Operational hours will be from 6:OOam to 6:OOpm weekdays We appreciate the opportunity to summit this application and plan. We recognize the importance of a well- managed and organized child care preschool. We pledge to handle all aspects of operating this center in an ethical manner. As a family who has lived in this community for over 13 years, we value and respect the families of our community. For over thirty years we continue to provide educational needs for children of all ages. Our goal is to provide a quality and affordable Christian Preschool. Sincerely Patrick W. Shepherd Teresa A. Shepherd Attachment 3: Categorical Exemption • ►Z4 FROM: File CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 Callie Taylor, Associate Planner City of Atascadero 6907 El Camino Real Atascadero, CA 93422 Date Received for Filing 'l1S Ili SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Proiect Title: Conditional Use Permit for Preschool; PLN 2010-1372 Proiect Location: 4400 El Camino Real, Atascadero, CA 93422, San Luis Obispo County Proiect Description: The project consists of an application to establish a preschool for up to 18 children in a residential neighborhood. An existing single-family residence is proposed to be converted to meet building code and zoning requirements for use as a preschool. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Proiect: Patrick & Teresa Shepherd (applicant/owner) Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c) ® Categorically Exempt (Sec. 15301) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts the minor alteration of existing structures and facilities. Date: January 25, 2011 CA c Q ` "I C Callie Taylor Associate Planner ATTACHMENT 4: Draft Resolution PC 2011-0001 DRAFT RESOLUTION PC 2011-0001 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2010-13729 A CONDITIONAL USE PERMIT TO ESTABLISH AN 18 -CHILD PRESCHOOL FACILITY LOCATED AT 4400 PORTOLA ROAD APN 054-051-063 (Shepherd) WHEREAS, an application has been received from Patrick & Teresa Shepherd, 4400 Portola Road, Atascadero, CA 93422 (Owner and Applicant), to consider the establishment of an 18 -child preschool facility at the site of an existing single family residence, unit B, at 4400 Portola Road (APN 054-051-063); and, WHEREAS, the site's current General Plan Designation is Residential Single -Family (RSF-Z); and, WHEREAS, the site's current zoning district is Single -Family Residential (SFR -Z); and, WHEREAS, preschool facilities are a Conditional Use in the SFR -Z Zone; and, WHEREAS, the project qualifies for a Class 1 Categorical Exemption in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 2, 2011 studied and considered the PLN 2010-1372; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use. The Planning Commission finds as follows: I . The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 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; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project 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. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 2, 2011 resolved to approve PLN 2010-1372 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Proposed Site Plan 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval /Mitigation Monitoring Program PLN 2010-1372 Conditions of Approval / Timing Responsibility /Monitoring Mitigation Monitoring Program PS: Planning BL: Business License Services BS: Building 4400 Portola Road GP: Grading Permit Services PLN 2010-1372 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater FM: Final Map CA: City Attorney Planning/ Building Services 1. This Conditional Use Permit shall be for a maximum 18 -child preschool located at Ongoing PS 4400 Portola Road (APN 054-051-063) regardless of owner. 2. The approval of this use permit shall become final and effective for the purposes of BP PS 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. 3. The Community Development Department shall have the authority to approve the BP PS, CE 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 Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months BP PS 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. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoing agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The facility shall meet or exceed all standards as required by the CBC and any Ongoing BS superseding local ordinances for the change in occupancy from R-3 to E. 7. The preschool and all legally permitted residential units onsite shall each be assigned Ongoing PS a separate address by the Community Development Department upon building permit issuance. 8. A covered entry structure is may be installed at the front of the driveway near Portola BP PS Road. The structure shall be setback a minimum of 25 feet from the front property line. Building permits shall be obtained for the construction of the structure. 9. Building permits shall be obtained for the new driveway approach and modifications Ongoing PS to the preschool building. 10. A minimum of six (6) parking spaces will be provided onsite for use by the preschool BP PS facility. The existing 3 -car garage shall provide parking for the residence(s). 11. A 12 square foot sign may be installed near Portola Road. A second sign, not to BP PS exceed 20 square feet, may be installed on the preschool building. Conditions of Approval / Timing Responsibility /Monitoring Mitigation Monitoring Program PS: Planning BL: Business License Services BS: Building 4400 Portola Road GP: Grading Permit Services PLN 2010-1372 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy F0: Final Occupancy CE: City Engineer WW: Wastewater FM: Final Map CA: City Attorney 12. All outdoor play areas are to be enclosed with fencing a minimum of four (4) feet BP PS high: provided that such fencing is to be solid and a minimum of six (6) feet in height on any property line abutting a residential use on an adjoining lot 13. A 5 -foot wide landscape planter shall be installed and maintained along the property BP PS line in front of the 6 -space parking area as shown on plans 14. Condition of Approval #3 from CUP 1996-012, previously approved for the garage / BP PS studio on site, shall be eliminated. The existing workshop / studio shall be allowed to be converted to a second unit upon the conversion of the existing residence (unit B) to a preschool. No more than two residences shall be permitted on site at a time. The property shall conform with standards set forth in the Second Unit Ordinance. Public Works Project Conditions 1. Prior to final of Building Permits, the applicant shall conduct the following BP CE Inspections and or remedial construction, according to the recommendations in the November 27, 2010 report by Tim Roberts, PE. Which include the following: A. Licensed septic contractor shall inspect the system and recertify B. Retrofit septic tank with 24" manhole risers and bolt down lids if tank is more than 12" below ground surface. C. Verify that existing tank is equipped with outlet filter or install Zabel A-1800 outlet filter or City Engineer accepted equal. D. Verify all fixtures in both the school and residence are low -flow compliant or retrofit to comply with low -flow plumbing code requirements. 2. City Standard Drive Approach 425 shall be constructed at the new BP CE driveway entrance. Show existing and proposed drainage patterns near and across the driveway. Place note on the plan that the drive approach shall be installed by a Class A contractor, an encroachment permit is needed from the City Public Works Department and the drive approach shall be constructed of asphaltic concrete or portland cement concrete. 3. Applicant shall show location of 100% expansion area for the septic BP CE system. A note shall be placed on the plans designating this area as not available for future construction. 4. The applicant shall trim all vegetation located in the City right of way BP CE back to the property line. A note shall be placed on the building plans to specify removal. EXHIBIT B- Site Plan dd02i VlOidOd --------------------------