HomeMy WebLinkAboutPC_2010-04-06_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, April 6, 2010 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Moreno
Vice Chairperson Bentz
Commissioner Colamarino
Commissioner Jack
Commissioner Schmidt
Commissioner Sturtevant
Commissioner Ward
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
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.)
City of Atascadero Planning Commission Agenda Regular Meeting, April 6, 2010
Page 2of4
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 16, 2010.
2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON MARCH 2, 2010.
3. APPROVAL OF MINUTES OF JOINT CITY COUNCIL AND PLANNING
COMMISSION MEETING ON LA PLAZA ON MARCH 11, 2010.
COMMUNITY DEVELOPMENT STAFF REPORTS
4. PLN 2010-1357, TREE REMOVAL PERMIT FOR 5715 SANTA CRUZ ROAD
Property Owner/
Hilltop Mobile Manor, 4425 N. 78 Street #267B, Scottsdale, AZ 85251
Applicant:
Hilltop Mobile Manor, 5715 Santa Cruz Road, Atascadero, CA 93422
Certified Arborist:
Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465
Project Title:
PLN 2010-1357 / Tree Removal Permit 2010-0139
Project
5715 Santa Cruz Road, Atascadero, CA 93422
Location:
APN 049-042-006 (San Luis Obispo County)
Project
Two trees on the property have been proposed for removal. The
Description:
applicant's arborist has determined that both trees are hazardous and
in need of removal. City staff approved immediate removal of the 40 -
inch Live Oak on March 15, 2010 due to its highly hazardous
condition, as certified by the arborist. The 45 -inch Live Oak on the
property is also being requested for removal. The Arborist Report
states that this is a hazardous tree, but its need for removal is less
immediate. Planning Commission approval for removal of the 45 -inch
Live Oak is being requested.
PUBLIC HEARINGS
5. PLN 2009-1351, CONDITIONAL USE PERMIT FOR ACCESSORY
STRUCTURE
Property Owner/
Quentin and Nicole Thompson, 5095 Miramon Ave., Atascadero, CA
Applicant:
93422
Project Title:
PLN 2009-1351 / CUP 2009-0248
Project Location:
5095 Miramon Ave., Atascadero, CA 93422
APN 028-093-035 (San Luis Obispo County)
City of Atascadero Planning Commission Agenda
Regular Meeting, April 6, 2010
Page 3 of 4
Project
The proposed application consists of a request for a Conditional
Description:
Use Permit to construct an oversized detached accessory structure
at the subject property. The proposed detached garage and
workshop is 990 square feet. The Atascadero Municipal Code
allows accessory structures larger than 50% of the primary
residence through approval of a Conditional Use Permit.
General Plan Designation: SFR -Y
Zoning District: RSF-Y
Proposed
Exempt per Section 15303: New construction or conversion of small
Environmental
structures including accessory structures.
Determination:
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).)
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
NONE
ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for April 20, 2010, 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, April 6, 2010
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: 4-6-10
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting - Tuesday, February 16, 2010 — 7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Ward
led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners
Colamarino, Jack, Schmidt, Sturtevant, and Ward
Absent: None
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace, Associate
Planner Callie Taylor, City Attorney Brian Pierik, Police Chief Jim
Mulhall and Deputy Director of Public Works/Engineering David
Athey
APPROVAL OF AGENDA
MOTION: By Vice Chairperson Bentz and seconded by
Commissioner Sturtevant to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PC Draft Minutes of 2/16/10
Page 1 of 7
PUBLIC COMMENT
Alana Reynolds stated she purchased a home at 9903 West Front as an investment.
One year ago it was brought to her attention that the 2nd dwelling was not permitted.
She has been attempting to work with the City and shared her experience thus far. She
has put forth a lot of money on the property and is hoping the Commission can come
out and look at it. She does not want to tear the unit down. To make the unit legal, it will
cost her $20,000 in fees. She would like to see what the City can do to create an
amnesty program. She distributed pictures to the Commission. (Exhibit A)
Community Development Director Frace said that they have been working with Ms.
Reynolds and her Architect, John Rinaldi, on the project and will determine if anything
needs to come before the Commission. Ultimately, it will be the applicant's decision on
whether or not she wants to pay the fees.
Chairperson Moreno closed the Public Comment period.
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JANUARY 19, 2010.
MOTION: By Vice Chairperson Bentz and seconded by Commissioner
Sturtevant to approve the Consent Calendar.
Motion passed 7.0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2009-1343 / TREE REMOVAL PERMIT FOR 4755 SAN ANSELMO AVE.
Property Owner/
Michael Messer, 8270 Tolosa Road, Atascadero, CA 93422
Applicant:
Certified Arborist:
Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465
Project Title:
PLN 2009-1343 / TRP 2009-0134
Project
4755 San Anselmo Ave., Atascadero, CA 93422
Location:
APN 029-011-037 (San Luis Obispo County)
PC Draft Minutes of 2/16/10
Page 2 of 7
Project The proposed project includes a request to remove two (2) Live Oak trees
Description totaling 41" inches (dbh) in order to construct frontage improvements and a
shared driveway for four (4) new single-family homes. One tree is 13" (dbh)
and one tree is 28" (dbh).
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Associate Planner Callie Taylor gave the staff report. There were no questions from the
Commission.
PUBLIC COMMENT:
None
Chairperson Moreno closed the public comment period.
MOTION: By Commissioner Jack and seconded by Vice
Chairperson Bentz to adopt PC Resolution 2010-0006 for
PLN 2009-1343/TRP 2009-0134 to remove two (2) live
oaks totaling 41 inches DBH (13 inches DBH and 28
inches DBH) subject to the guidelines and mitigation
measures required by the Atascadero Native Tree
Ordinance at 4755 San Anselmo Ave.
Motion passed 7:0 by a roll -call vote.
PUBLIC HEARINGS
3. PLN 2009-1348, CITYWIDE MUNICIPAL CODE TEXT CHANGES
PROHIBITING MEDICAL MARIJUANA FACILITIES IN THE CITY OF
ATASCADERO
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2009-1348 / ZCH 2009-0157
Project Location:
Citywide, Atascadero, CA 93422 (San Luis Obispo County)
Project
The project consists of an application to adopt a draft ordinance prohibiting
Description:
the establishment and operation of medical marijuana facilities within the City
of Atascadero. The ordinance consists of amendments to chapter 13 of Title
5, Public Welfare, of the Municipal Code and a repeal of subsections of
Section 9-3.233, Conditional Uses, of the Municipal Code to prohibit medical
marijuana facilities. The Planning Commission will be making a
recommendation to the City Council.
Affects General Plan Designations / Zoning Districts Citywide
PC Draft Minutes of 2/16/10
Page 3 of 7
City Attorney Brian Pierik gave the staff report and answered questions from the
Commission.
Chairperson Moreno explained that the Commission received a letter from Richard and
Claudia Tantum that is in favor of changing the ordinance and banning medical
marijuana. The letter was introduced into the record. (Exhibit B)
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Chairperson Moreno — None
• Vice Chairperson Bentz - None
• Commissioner Colamarino - None
• Commissioner Jack - None
• Commissioner Schmidt spoke with numerous people asking specifically what
they would like to see and not see. He also spoke with his wife who specializes in
Oncology and medicinal uses.
• Commissioner Sturtevant - None
• Commissioner Ward had a conversation with his son who lived in Amsterdam,
which will have no bearing on his decision.
PUBLIC COMMENT
Tony Paradis stated that she has lived in Atascadero for 20 years. Her son, who came
to the podium with her, is an Altoid Spastic Quadriplegic resulting from a near drowning
when he was two years old. The only thing that keeps him from having spasms is
marijuana. She believes we need a safe access, and marijuana gives her son quality of
life. There is not one person who has ever been known to die from marijuana. She
asked the Commission to consider the people who sincerely need the help with this
medication before making a decision tonight.
Warren J. Sarvas, III stated that he is a 30 year resident of this County. In December
2008, his father was diagnosed with squamous cell skin cancer. His father endured two
surgeries, radiation and chemotherapy. His doctor suggested using medical cannabis.
In the end, his father was able to obtain his medical cannabis, but not in a safe or
secure manner. His vision is for other people to be able to obtain their medication in a
safe and secure environment.
Mr. Jackson stated he is a 15 year resident of Atascadero and a 20-25 year resident of
the City of San Luis Obispo. Patients are not going to have a chance to have equal
access to the medicine. There are plenty of guidelines and plenty of cities that are
functioning quite well with this. He does not believe marijuana should be banned.
Taxability of medical marijuana would regulate it. The crime element wouldn't be any
different than any other facility. That is why we have local law enforcement.
PC Draft Minutes of 2/16/10
Page 4 of 7
Rich Donald said that he spoke at the City Council meeting in October. A collective is
operating as a "not for profit organization" that allows patients to receive medication.
Currently, there are 13 states that have passed medical marijuana laws and various
cities have allowed dispensaries to open. One of these cities, Oakland, benefited after
opening medical marijuana dispensaries. He would like the Commission to put off a
recommendation to the City Council so that more members of the public can look at the
findings in the staff report which were presented tonight.
Linda Hill stated that she is a 30 year resident of the County. She is retired and
previously worked in and with the criminal justice system. She addressed the
secondary affects that medical marijuana facilities could have, and she stressed the
word could. She talked about the dispensary in Morro Bay and stated the dispensary
had no problems with traffic, crime, or noise, and had an excellent working relationship
with the Morro Bay Police Department. She urged the Commission to look at and read
the Morro Bay staff report. She also encouraged the Commission to be more
compassionate, open-hearted, and mindful of the needs of serving people who are ill.
She strongly advised the Commission to adopt Alternative 3.
Chairperson Moreno closed the Public Comment period.
City Attorney Brian Pierik addressed questions raised during public comment.
Commissioners expressed their concerns with some portions of the information
presented. Medical marijuana is a controversial and troublesome subject. The
legislation may have had two forces behind it (a benefit to people who need it and
legalization).
City Attorney Brian Pierik stated that should the Commission make the recommendation
to approve the ordinance and it goes into effect, it could be rescinded or amended in the
future.
MOTION: By Commissioner Jack and seconded by Vice
Chairperson Bentz to adopt PC Resolution 2010-0005
recommending that the City Council introduce an
ordinance for first reading by title only to approve PLN
2009-1348/ZCH 2009-0157 which includes amendments
to Title 5 Public Welfare Ordinance, Title 9 Planning and
Zoning Ordinance to prohibit the establishment and
operation of medical marijuana facilities in the City of
Atascadero, based on findings.
Motion passed 7:0 by a roll -call vote.
PC Draft Minutes of 2/16/10
Page 5 of 7
COMMISSIONER COMMENTS AND REPORTS
Commissioner Ward announced a project that the Marine Corps League has been
working on in conjunction with Assemblyman Blakeslee's office. It was an enactment of
law in State legislature to designate a 115 -mile portion of Highway 101, from San Luis
Obispo to Los Alamos, as a portion of the Nation's Purple Heart Trail. They will be
raising funds and will be accepting donations for highway signs. They will be publishing
a special brochure and will distribute hundreds of copies to various Chambers of
Commerce. There will also be articles in the newspaper. He believes this will create
more traffic to the Faces of Freedom Veterans Memorial in Atascadero. There is an
item on the next Council meeting to petition the County to officially recognize the Faces
of Freedom Veterans Memorial as the official Veterans Memorial of the County.
Commissioner Schmidt said he was blessed this past week with a tremendous
presentation at the Kiwanis meeting on sacred honor. A gentleman talked about the
writing of the constitution, and they discussed individuals who we normally don't hear
about.
DIRECTOR'S REPORT
• The next meeting is scheduled for March 2, 2010. There is a CUP for a bed and
breakfast on the agenda.
• We are still waiting for Walmart to resubmit their plans. He has been in contact
with the applicant from the Walmart and Annex project, and they are working on
their final revisions.
• The La Plaza Theatre project plans have been resubmitted, and are in the review
process.
• The Colony Square Theatre project is under construction, and they poured half
their slab.
• Rite Aid is moving along fairly well.
• Director Frace said he is still waiting to hear back from Tractor Supply; no new
news.
• There is a potential new tenant for the Denny's Restaurant. Last week, the City
met with their corporate representatives. Hopefully, in the next month, we will
have an announcement on who the new tenant will be.
• The auto dealer that came before the Planning Commission, Integrity Motors,
started working on the site today. We are working with the landscape architect
on landscape plans. The plan is to have the car dealer open by March.
• The City Council will be discussing the Printery building and the possibility of
mothballing on the next City Council agenda.
• There has been a lot of discussion about a mural on the south end of town.
PC Draft Minutes of 2/16/10
Page 6 of 7
• A new Landscape Ordinance was adopted at the last meeting which will put limits
on the amount of turf in an area. Commissioners may see this addressed in
future staff reports.
ADJOURNMENT - 8:38 p.m.
The next regular meeting of the Planning Commission is scheduled for March 2, 2010,
at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
MINUTES PREPARD BY:
Annette Manier, Recording Secretary
The following exhibits are available in the Community Development Department:
Exhibit A — Photos from Alana Reynolds
Exhibit 8 — Letter from Richard and Claudia Tantum
I1Cityha1hcdv1pmnt1- PC MinuteslPC Minutes 10TC Draft Minutes 2 16 10.doc
PC Draft Minutes of 2/16/10
Page 7 of 7
ITEM NUMBER: 2
DATE: 4-6-10
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting - Tuesday, March 2, 2010 — 7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner
Colamarino led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners
Colamarino, Jack, Schmidt, Sturtevant, and Ward
Absent: None
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace and Deputy
Director of Public Works/Engineering David Athey
APPROVAL OF AGENDA
MOTION:
PUBLIC COMMENT
None
PC Draft Minutes of 3/2/10
Page 1 of 8
By Vice Chairperson Bentz and seconded by
Commissioner Sturtevant to approve the agenda.
Motion passed 7:0 by a roll -call vote.
Chairperson Moreno closed the Public Comment period.
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 2. 2010.
MOTION: By Vice Chairperson Bentz and seconded by Commissioner
Jack to approve the Consent Calendar.
Motion passed 7.0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
2. PLN 2009-1349, CONDITIONAL USE PERMIT FOR A FIVE BEDROOM BED
AND BREAKFAST AND ADDITIONAL ACCESSORY STRUCTURES AT 6650
PORTOLA ROAD
Property
Thomas and Peggy O'Malley, PO Box 808, Atascadero, CA 93423
Owner/Applicant:
Project Title:
PLN 2009-1349-1349: Conditional Use Permit for a Five (5) Room Bed and
Breakfast and Additional Accessory Structures
Project Location:
6650 Portola Road, Atascadero, CA 93422
APN 054-072-048 (San Luis Obispo County)
Project
The proposed application consists of a request for a Conditional Use Permit
Description:
to allow a five (5) room bed and breakfast and three (3) additional accessory
structures at 6650 Portola Road.
General Plan Designation: Single -Family Residential (SFR -Z)
Zoning District: Residential Single -Family (RSF-Z)
Proposed
Categorical Exemption Class 3 (15303) pertaining to the new construction
Environmental
and conversion of small structures in a residential zone.
Determination:
PC Draft Minutes of 3/2/10
Page 2 of 8
Director Warren Frace gave the staff report and answered questions from the
Commission. There are two resolutions before the Commission.
Chairperson Moreno explained that the Commission received letters from David
Broadwater (Exhibit A), Maggie White (Exhibit B) and Tom and Peggy O'Malley (Exhibit
C). Chairperson Moreno stated the letters are available for review in the binder on the
back table. Chairperson asked Recording Secretary Annette Manier to include the
letters as exhibits to the minutes.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Schmidt - None
• Commissioner Sturtevant - None
• Commissioner Jack — Prior to receiving an email from Director Frace relative to
contacting the applicant, he contacted Mr. O'Malley to make arrangements to
tour the property. Mr. O'Malley indicated he had talked to Director Frace and
they both felt it was best if he (Mr. O'Malley) was not present during the tour. He
and Commissioner Bentz toured the site Friday afternoon.
• Chairperson Moreno met Director Frace at the property this afternoon. She and
Commissioner Colamarino toured the property. Mr. O'Malley arrived at the
property during the time of the visit, and showed them the interior of the main
house.
• Vice Chairperson Bentz — Met Commissioner Jack Friday afternoon, toured the
property together, and spoke with no one.
• Commissioner Colamarino — Visited the site today along with Director Frace and
Chairperson Moreno. He also spent some time with Mr. O'Malley in the main
house. He spoke on the telephone with Mr. Broadwater when he called to tell him
he had resent his email with attachments. He considered the matter of possible
recusal since the public is aware of the unique status of Mr. O'Malley, a Council
member, and a Council member has the ability to remove a Planning
Commissioner. He also felt the need to consider whether or not he could be fair
in dealing with the matter. He concluded that he could hear the matter without a
problem and proceed in an impartial manner, and consider this matter in the way
he would consider any other matter before him.
• Commissioner Ward received the same documents as his fellow commissioners.
He drove up to the property and viewed it from his car. He has known Tom
O'Malley for several years, but feels he can give impartial consideration in the
matter.
Director Frace answered additional questions from the Commission.
PC Draft Minutes of 3/2/10
Page 3 of 8
PUBLIC COMMENT
Peggy O'Malley, Applicant, thanked the Commission for hearing this item. She was
born and raised in Atascadero and has taught school for over 20 years. She has a real
passion for the history of the community and the people who live here. She and Tom
enjoy hosting people and sharing the history of the house. Last year, they attended a
Bed and Breakfast Conference, and left with the overwhelming desire to turn this piece
of property into a bed and breakfast. She and Tom are thrilled to get so many letters of
support (Exhibit C). They have not received any complaints about the property. Visits
to the neighbors were very supportive. There are rules they must follow from the
California Association of Bed and Breakfasts (CABI). She has her certified food safety
license. CABI's requirement is that they live on the premises. Mrs. O'Malley answered
questions from the Commission.
Steve Shively, Pastor at Calvary Chapel on Portola and neighbor to the O'Malley's is in
favor of the project. He has officiated weddings on their property and has seen people
enjoy their time there. The property is unique and he has never heard anyone complain
about anything on the site. This is a great opportunity for our City. People coming from
out of town bring money to the City, which is a positive.
Joanne Main read a statement in support of the project from Jay DeCou and turned it in
for the record (Exhibit D). Speaking from the Atascadero Chamber of Commerce, her
office speaks to unique travelers about where they can locate a bed and breakfast. This
property will allow the Chamber to point them in the direction of a great place to stay.
We can better serve visitors and support great businesses in town if these resolutions
are passed.
Lon Allan read his comments in support of Tom and Peggy O'Malley. There is no better
maintained piece of private residential property in this community. The home was built
in 1929 by the Peterson family. Peggy and Tom have preserved the feeling of another
era. He submitted a letter of support for the record (Exhibit E).
Jim Wilkins, President of the Atascadero Historical Society, likes the idea of preserving
colony homes. Homes are living museums. He supports the project and it would help
and promote people with Colony homes.
Luther Johnson, resident on Portola, stated that he and his wife will endorse the project.
The O'Malley's are wonderful neighbors and they have experienced some of their
events. The O'Malley's are always respectful of others and this is a positive for the
community.
Marty Brown, Graves Creek Road, will not be directly affected by the decision tonight.
Her concern is that the decision will set a precedent for "event centers." The Portola Inn
now advertises that it now can accommodate from 10 to 200 people. They can hold up
PC Draft Minutes of 3/2/10
Page 4 of 8
to 18 events per year without having to obtain a CUP. She would not want an "event
center" on her street because of noise, traffic, and night lighting. It would negatively
affect her quality of life living in a residential neighborhood. This is not the proper
location for an "event center".
David Broadwater, asked the Commission to direct their attention to the letter he
submitted (Exhibit A). He read his comments from the letter and stated that the
descriptions of the buildings are inaccurate. There are inconsistencies with the General
Plan as far as "single-family neighborhood." There needs to be more time for the public
to review the information presented before them. He asked the Commission to adopt
Alternatives 3 and 4 denying the project or continuing the hearing for additional
information. Noise is a problem for him as a neighbor with the escalation of these
events. He is fine with the bed and breakfast portion of the project, but not the special
events without limits. Mr. Broadwater answered questions from Commissioner Schmidt.
Patrick Shepherd, Portola Road, on behalf of himself and his wife, is requesting the
Commission approve the project. The O'Malley's have done a great job with their
property and the historic buildings. We need to open our historic treasures that are
unique to Atascadero.
Tom Lutz, Portola Road, grew up in the house directly to the south. He loves what the
O'Malley's have done to the property by enhancing its historical looks. His daughter had
her wedding there, and his parents had their 50th wedding anniversary there. The
O'Malley's gave help and care with these events and he supports them.
Eric Pierson lives right behind the O'Malley's and is in total support of this project. The
O'Malley's have been perfect neighbors. The laughter that comes from the property is
wonderful and there is no problem with guests. He is confident that if he had a problem,
the O'Malley's would address it.
Russ Cracknell, Portola Road, lives across the street from the O'Malley's. He
appreciates what they've done with their property. It is wonderful seeing them
preserving the history and the colony home -style in Atascadero. He has no problem
with bed and breakfasts or events. He and his wife fully support their efforts, and it will
be a great asset to the community.
Steve Martin, grew up in the City of Atascadero, and hesitated to speak because of
several perceived conflicts of interest. He has known Tom for many years, worked with
Tom and Peggy on many projects, all for the benefit for the City of Atascadero and its
people. In 2008, he stood before the City Council and said boutique event centers are
part of a niche market that would make a tourism future for the City. He explained that
the Commission is trying to decide what the appropriate use of this land is. The City of
Atascadero is changing and is finding its way into new waters in tourism. His
PC Draft Minutes of 3/2/10
Page 5 of 8
comments formulate part of the genesis and consensus for the goals and expectations
of the City's current tourism marketing plan.
Karyn Sturtevant, Tampico Road, states she too has noise in her neighborhood, but we
all have to close our windows sometimes and deal with neighbors. She is in support of
the project. This is something we want to attract in Atascadero, especially a special bed
and breakfast like the one the O'Malley's have. She supports the project as it stands,
and said this would be a good addition for Atascadero.
Ben Shragel lives on top of the hill next door. He and his wife support the project and
said the O'Malley's understand how to get along with others. He said the City should
approve the project, as it will benefit the City.
Gordon West, Flores Road, said his property backs up to the Portola property. He also
owns other properties next to the O'Malley's. He and his wife support the project. The
O'Malley's have done a great job with the surrounding areas and he recommends a yes
vote.
Chairperson Moreno closed the Public Comment period.
Chairperson Moreno asked Director Frace to address the public noticing which was
brought up by Mr. Broadwater. Director Frace said the public noticing was done per
code and explained the process.
Chairperson Moreno asked Director Frace to discuss the garage which was brought up
by Mr. Broadwater. Director Frace explained the definition of the garage under the
Zoning Ordinance. It's not a heated or air-conditioned building under the Zoning
Ordinance. The request is that the Commission allows it to be heated; it will still remain
a garage or workshop with a deed restriction. He also answered questions regarding the
accessory structures.
Chairperson Moreno reopened the Public Comment period.
Peggy O'Malley answered questions from the Commission. She explained they have
had approximately 12 events in one year with the largest event at about 200 people.
Non -family members would have 150-175 members.
David Broadwater answered questions from the Commission. Mr. Broadwater has lived
at his property since 1973 and four years later, he purchased the property.
Chairperson Moreno closed the Public Comment period.
Commissioners asked about larger -scale temporary events and their definition.
Several months ago there was a Planning Commission meeting where boutique events
PC Draft Minutes of 3/2/10
Page 6 of 8
were discussed and they asked Director Frace what the status was on that. The
Commission asked if they will be defining special events. Director Frace stated that due
to staffing levels, that item is on hold. There is no certain time at which it will be
revisited. Under the temporary events use definition, residential properties are
permitted 12 events annually. The bed and breakfast CUP would allow additional
accessory events. Staff is not recommending placing a number on events. A CUP
stays with the property. Temporary events are the same throughout the City.
The Commission felt that they should have some guidelines for temporary events, and
they would like to proceed with the boutique events planning that was previously
started.
There was also discussion about the size of the sign.
MOTION: By Vice Chairperson Bentz and seconded by Commissioner
Jack to adopt PC Resolution 2010-0003 approving PLN
2009-1349, a Conditional Use Permit to allow (1) an
additional 256± square foot (sf) accessory structure with a
bathroom, (2) an additional 567+ sf studio with a shower
facility, (3) an additional 572+ sf carport and the (4)
installation of HVAC in an existing non-residential U -
Occupancy accessory structure subject to deed restrictions,
findings, and conditions of approval; AND adopt PC
Resolution 2010-0004 approving PLN 2009-1349, a
Conditional Use Permit to allow a five (5) room bed and
breakfast at 6650 Portola Road subject to findings and
conditions of approval.
Commissioner Schmidt said he is concerned about our perception of approving this for
such a high profile member of the community if we don't apply some limitations on this.
Until our ordinances get written, the next person coming in could get restrictions and we
could have a problem. He wants the Commission to put a minimum restriction of 12 as
the number of events allowed on the property. As far as the sign, he believes the scale
of the sign at its location could be oversized. Mr. Greenaway is a fine artist and
hopefully he will listen to these comments and the sign can be scaled down to
accomplish the goal. He asked if the maker of the motion would consider modifying the
motion. The maker of the motion and the second did not agree.
MOTION: By Vice Chairperson Bentz and seconded by
Commissioner Jack to adopt PC Resolution 2010-0003
approving PLN 2009-1349, a Conditional Use Permit to
allow (1) an additional 256+ square foot (sf) accessory
structure with a bathroom, (2) an additional 567+ sf
studio with a shower facility, (3) an additional 572+ sf
PC Draft Minutes of 3/2/10
Page 7 of 8
carport and the (4) installation of HVAC in an existing
non-residential U -Occupancy accessory structure
subject to deed restrictions, findings, and conditions of
approval; AND adopt PC Resolution 2010-0004
approving PLN 2009-1349, a Conditional Use Permit to
allow a five (5) room bed and breakfast at 6650 Portola
Road subject to findings and conditions of approval.
Motion passed 7:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Ward gave a progress report on the signage for the Purple Heart Trail.
His group has completed successful negotiations with Caltrans. They have established
a domain name and website; purpleheartca101.org. Donations are coming in, and they
expect to put signs up in 4-6 weeks. It will be an asset to this community and will direct
a lot of people to the Faces of Freedom Veterans Memorial and other museums and
venues along the 101 corridor.
DIRECTOR'S REPORT
• The next meeting is scheduled for March 16, 2010. Currently there are no items
for that agenda so it may be cancelled.
• A La Plaza Theatre Development Study Session has been scheduled for March
11, 2010 at 6:00 p.m. He is hoping to bring the item to the Commission at the
end of April.
ADJOURNMENT - 9:40 p.m.
The next regular meeting of the Planning Commission is scheduled for March 16, 2010,
at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
MINUTES PREPARD BY:
Annette Manier, Recording Secretary
The following exhibits are available for review in the Community Development Department:
Exhibit A
— Letter against the project from David Broadwater
Exhibit B
— Letter of support from Maggie White
Exhibit C
— Letters of support from Tom O'Malley
Exhibit D
— Letter of support from Jay DeCou
Exhibit E
— Letter of support from Lon Allan
PC Draft Minutes of 3/2/10
Page 8 of 8
ITEM NUMBER: 3
DATE: 4-6-10
Special Joint Meeting
City of Atascadero
City Council and
Planning Commission
LA PLAZA THEATRE DEVELOPMENT
STUDY SESSION
THURSDAY, MARCH 11, 2010 - 6:00 p.m.
DRAFT MINUTES
Mayor Fonzi called the meeting to order at 6:00 p.m. and Council Member Kelley led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Beraud, Kelley, Mayor Pro Tem O'Malley,
and Mayor Fonzi
Planning Commissioners Colamarino, Schmidt, Ward, Sturtevant,
Vice Chairperson Bentz, and Chairperson Moreno
Commissioner Jack joined the meeting at 6:05 p.m.
Absent: None
Staff Present: Community Development Director Warren Frace, City
Engineer/Public Works Director Russ Thompson, City Manager
Wade McKinney, and Recording Secretary Annette Manier
CC/PC Draft Minutes 03/11A0
Page 1 of 5
WELCOME AND INTRODUCTIONS
Community Development Director Warren Frace explained the format for this meeting
and introduced the applicants, Mr. John Roush, Mr. Michael Sherer, and Mr. Larry
Wysong.
MEETING PURPOSE AND OVERVIEW
Community Development Director Warren Frace explained the Conditional Use Permit
(CUP) process which is part of the Zoning Ordinance. A theatre of this size is classified
as a CUP. He discussed the Planning Commission and City Council roles and the
findings for a CUP. The Road Abandonment portion of the project will go to City
Council, so the whole project will go to the City Council for approval after it goes to
Planning Commission.
APPLICANT PROJECT PRESENTATION
Michael Sherer, Realtor Estate Broker with Peabody & Plum, introduced himself and
stated that he is representing the Hoff family and Tim and Mary Beth Alvord. Mr. Sherer
introduced John Roush, theatre operator, and Larry Wysong, the building contractor and
developer.
John Roush gave a presentation to the City Council and Planning Commission and
answered questions of the Council and Commission.
PUBLIC COMMENT:
Eric Greening asked if it would be possible if one of the larger auditoriums could include
a stage and back stage for live -type events as well as having a screen that could pull
down. He also asked if the theatre would be able to accommodate a bus stop along the
frontage.
Jim Wilkins, President of the Atascadero Historical Society, thinks it would be good for
the downtown, but would like to see the pedestrian tunnel, which is very small, visited
when looking toward the future.
Sheryle Machado, applauded the efforts of the applicant. She would like the theatre to
have the ability to have a performing arts theatre. She asked if there would be a place
in the project to have table seating so someone can rent a portion of the building. She
also encouraged the City to think about the need for more public restrooms in the
downtown which would be needed in the downtown if there is more development.
Katrin Colamarino thinks it is a good idea to expand the downtown. She is an advisory
board member for the Performing Arts Center and they have done a feasibility study
which has established a need for a Performing Arts Center in a north county location.
CC/PC Draft Minutes 03/11/10
Page 2 of 5
George Schroff stated that the LaPlaza Theatre project is not an intelligent proposal for
Atascadero. He read from his letter and turned it in for the record. (Exhibit A)
Charlie Carlin said that Mr. Roush knows his business and believes two theatres could
support our 27,000 people in Atascadero. We support multiples of all kinds of things.
He urges the Council to vote for the project. It will help our downtown and will bring
more people and upgrades to Atascadero.
Robert Winslow stated that the market will determine whether the theatre will make it or
not. He encouraged the Council and Commission to determine if the project complies
with the Zoning Ordinance and General Plan. The lot was identified in the Downtown
Revitalization Plan as a key area for being able to maintain view shed from the freeway.
He asked if there was a height variance requested with the project. The Zoning Code
specifically says "a wide range of retail shops" is encouraged in the downtown district
and asked if two 10 -screen theatres would do this. As a civil engineer, EI Camino Real
has been characterized as one of the most underutilized roads in the County. If you
take it down to one lane it will be clogging an artery and more people will get on the
freeway to go around town instead of through it. The environmental requirements
should have an economic study to make sure this project would not be to the detriment
to other projects downtown.
Thom Jess, Architect with Colony Square project and the other movie theatre said he is
not anti -development. He has a number of questions he would like addressed in
regards to the scope of the project, parking requirements, and height which will block
the view from the freeway, as well as the amount of street frontage being taken out.
Karyn Sturtevant encouraged Council and Commission to pursue the project so the
developer can move forward. She understands the concern about the height, but
commented that you cannot see the Rotunda from the freeway. We are trying to get the
downtown going. We have an opportunity and a local man who is willing to put his own
money into our city and he is willing to take it seriously.
Lee Perkins had some concerns about two competing 10 -screen theatres, but with the
explanation she heard tonight, the project sounds nice and interesting. She likes the
idea of making EI Camino Real one lane.
Jim Shores said his family has been in downtown 56 years. Back then we had
competition, a bowling alley, and grocery stores. Competition makes for a lot of foot
traffic. We spent a lot of money on Sunken Gardens and the park. He was in Paso
Robles Friday night and could not believe the foot traffic; that's what creates business.
Atascadero needs a parking problem. Let's prove we can do this as businesses are
suffering.
CC/PC Draft Minutes 03/11/10
Page 3 of 5
Edward Veek has to go to Paso Robles and San Luis Obispo to go to the movies. If we
had two theatres, we could have two different types of films. He is looking forward to
having a 2nd movie theatre in town.
Bill Arkfeld and Bobbie Nunez own The Artery in downtown Atascadero. They are
100% behind this proposal. The idea of EI Camino Real being one lane is a good idea
as it will support retail.
Mayor Fonzi closed the Public Comment period.
City Council Members, Planning Commissioners, staff, and the applicant had more
discussion and addressed questions and comments brought up during the public
comment portion of the meeting.
Mayor Fonzi adjourned the meeting at 7:50 p.m. for a break.
Mayor Fonzi called the meeting back to order at 7:55 p.m.
DISCUSSION OF KEY ISSUES
Community Development Director Warren Frace spoke about the following six key
issues:
• Project Feasibility
• Future Phases
• Parking
• Road Abandonments
• Height Restriction Waiver
• Deferred Plans
Council Members and Commissioners asked the applicant questions regarding the
above -key issues. The applicants and Community Development Director Frace
answered the questions from Council and Commission.
Mayor Fonzi re -opened the Public Comment portion of the meeting
Jim Harrison, owner of the Colony Square Movie Theatre said this meeting is like a
circus. He said that Mr. Roush said something about spending $23,000; he (Mr.
Harrison) spent hundreds of thousands of dollars on drainage, utilities, and easements
for the Colony Square project. What he is hearing is that everyone wants to approve the
project right now. There appears to be no consideration in the 7-8 million dollars spent
on the Colony Square project, even after the City's consultant said the project would not
be feasible financially. Despite that, they proceeded because of the importance of this
gateway to Atascadero. The circumstances of Mr. Roush withdrawing from Colony
Square project have not come out publicly. It appears that the most important thing is
CC/PC Draft Minutes 03/11/10
Page 4 of 5
that these three gentlemen are living in this town. It appears that some issues are being
shoved under the carpet in a rush to "get more retail." The Colony Square theatre is
doing the same thing that Mr. Roush is proposing with the high tech digital equipment
and they are putting 31/2-4 million dollars into the interior with the digital and electronic
equipment. He is disappointed and flabbergasted.
Mayor Fonzi closed the Public Comment period.
WRAP UP
Mayor Pro Tem Fonzi said she believes they have given staff direction on where they
want to go and questions they would need to have answered. Dr. Harrison has raised
some points and we will give that some thought. The Council's direction has been that
economic development is the City's #1 priority. She would like to see what they get
back in terms of product and will give it consideration at that point.
ADJOURNMENT: Mayor Fonzi adjourned the meeting at 9:12 p.m.
MINUTES PREPARED BY:
Annette Manier, Administrative Assistant
The following exhibits are available in the Community Development Department:
Exhibit A — Letter from George Schroff
CC/PC Draft Minutes 03/11A0
Page 5 of 5
ITEM NUMBER: 4
DATE: 4-6-10
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylorC@atascadero.org
Tree Removal Permit 2010-0139
PLN 2010-1357/ TRP 2010-0139
5715 Santa Cruz Road
(Hilltop Mobile Manor / McIntire)
SUBJECT:
A request to remove one (1) native Live Oak tree 45 -inches in diameter within an
existing mobile home park. It has been determined by a certified arborist that the oak
tree creates a hazardous situation.
RECOMMENDATION:
Staff recommends.-
The
ecommends.
The Planning Commission adopt Resolution PC 2010-0009 to approve the request to
remove the 45 -inch Live Oak tree subject to conditions of approval.
Situation and Facts:
1. Property Owner: Hilltop Mobile Manor, LLC
5715 Santa Cruz Rd, Atascadero, CA 93422
Hilltop Mobile Manor, LLC II
4425 N 78th Street #267B, Scottsdale, AZ 85251
2. Applicant: Heather and Charles McIntire
5715 Santa Cruz Rd, Atascadero, CA 93422
3. Certified Arborist: A & T Arborists, PO Box 1311, Templeton, CA 93465
4. Project Address: 5715 Santa Cruz Rd, Atascadero, CA 93422
APN 049-042-006 Space #63
ITEM NUMBER: 4
DATE: 4-6-10
BACKGROUND:
The applicant is proposing the removal of one (1) native oak tree located within the
existing Hilltop Mobile Home Park on RMF -16 parcel on Santa Cruz Road. On
March 15, 2010, City staff reviewed the Arborist Report submitted by the applicant
and spoke with Chip Tamagni of A&T Arborists. The Arborist Report (Attachment 2)
assesses two trees on the subject property which are proposed for removal due to
hazardous conditions.
The first tree, a 40 -inch DBH Live Oak located at space #32, has a large cavity which
compromises the stability of the tree. In staff's discussion with the arborist, the
arborist conveyed that he was particularly concerned about the stability of this tree
and its close proximity to the adjacent residence. Based on the hazard evaluation
form and the proximity to the residence, staff approved this tree for an immediate
emergency removal. The tree meets the criteria identified in the City's emergency
tree removal policy as it "requires immediate removal due to structural instability and
immediate danger to life and property'
The second tree identified in the Arborist's Report is a 45 -inch DBH Live Oak located
adjacent to space #63. The arborist determined that the tree has poor structure due
to decay in the trunk, however, the arborist did not consider this tree to be an
emergency removal situation. Therefore, the proposed removal of the 45 -inch Live
Oak is being presented to Planning Commission for consideration. No permit fees
were charged for this application due to the hazardous condition of the tree.
ANALYSIS:
The 45 -inch Live Oak which is being proposed for removal is experiencing decay and
twisting in the trunk, as well as acute crotches which compromise the structural
stability of the tree. The arborist determined that the tree has a high likelihood of
failure and rated the tree as a 12 out of 12 on the hazardous evaluation form. While it
is not considered an immediate hazard, the arborist recommends that the tree be
removed to eliminate any future failures.
Mitigation
Per the requirements of the Atascadero Native Tree Ordinance, mitigation is required
for native trees approved for removal, including dead or hazardous trees. The
applicant may choose to either replant trees on site or pay mitigation fees into the
tree fund. The applicant shall either pay $750 dollars to the tree fund or replant
fifteen (15) 5 -gallon native trees on site. There is adequate room on-site for
replanting and the applicant has requested that replanting be done as mitigation for
the removal of the 45 -inch Live Oak.
Evergreen Native Trees (inches)
dbh notes
Total 45 -inches
Mitigation Requirement
ITEM NUMBER: 4
DATE: 4-6-10
Deciduous Native Trees (inches) Totals
dbh notes
Total 0 -inches 45 -inches
req'd tree replacements: 15 five gal trees req'd tree replacements
Proposed Replanting 0 five g�laltrees Proposed Replanting
••4b'c t e?4'A*+
Remaining Iditigatioo 15 five gal trees • Remaining I.titigation
Tree Fund Payment** - 750.00 i Tree Fund Payment:
0 five gal trees
0 five gal trees
0 box trees (24")
0 five gal trees
S -
15 five gal trees
0 five gal trees
0 box trees (24"'
15 five gal trees
Trees approved for emergency removal are exempt from the tree removal permit
process, and therefore are not required to be mitigated according to the tree
ordinance. Mitigation fees were not required for the 40 -inch Live Oak tree which was
approved by staff for immediate removal.
FINDINGS:
In considering any tree removal request, at least one of the findings must be made.
Staff has identified the following finding as appropriate for the application request.
The tree is dead, diseased or injured beyond reclamation, as certified by a
tree condition report from an Arborist.
CONCLUSION:
The Arborist Report submitted on March 15th identifies two hazardous trees located
at the Hilltop Mobile Manor. The 40 -inch Live Oak was approved by staff for
immediate emergency removal due to its large cavity and proximity to the adjacent
residence. The second tree, a 45 -inch Live Oak, is currently being proposed for
removal. The arborist has determined that this tree is not an immediate threat,
however, it has the potential to fail, causing a hazardous condition in need of
removal.
ATTACHMENTS:
Attachment 1 - Emergency Tree Removal Policy
Attachment 2: Arborist Report, A&T Arborists, submitted March 2010
Attachment 3- PC Draft Resolution 2010-0009
Attachment 1: CDD Policy 2008-0027
ITEM NUMBER: 4
DATE: 4-6-10
POLICY NO. 0027
DATE: 06/19/08
CITY OF ATASCADERO
,...
COMMUNITY DEVELOPMENT DEPARTMENT
Community Development Department
Department Policy 2008-0027
The following clarifies and further defines the permitting requirements for emergency and hazardous tree
removals within the City of Atascadero.
SUBJECT: Tree Removal Permits Required — Hazardous and Emergency Tree
Removals
The Atascadero Native Tree Ordinance and corresponding tree guidelines set forth procedures
for removal of hazardous and emergency native trees within the City and are interpreted as
follows:
1. Emergency tree removals — Emergency tree removals are exempt from permit and
mitigation fees. Emergency removals are trees that require immediate removal due to
structural instability and immediate danger to life and property. The City must be notified
within 48 hours prior to removal of the tree. Verification from an arborist is required. The
City arborist will also verify the condition of the tree. These are generally trees that will not
remain standing on their own for a period longer than 48 hours.
Dead and Diseased (Hazardous) tree removals — Hazardous tree removals are exempt
from permit fees are still subject to mitigation fees. These are trees that require removal due
to instability and disease but are not in danger of immediately harming life or property. A
removal application must be made at the Community Development Department. Trees that
measure 24" or greater dbh will require Planning Commission approval. A report of the
trees condition will be required to be submitted from a certified arborist. The City arborist
will also review and verify the trees condition and make recommendations to the Director
and/or Planning Commission regarding the need for removal.
By: Warren M. Frace, Director Date
Community Development Department
TA— CDD Policy & Procedures\CDD Policy 27. hazard and emergency tme removals.doc
6907 EL CAMINO REAL - ATASCADERO, CALIFORNIA 93422
ITEM NUMBER: 4
DATE: 4-6-10
Attachment 2: Arborist Report
Completed by Chip Tamagni of A & T Arborists, March 2010
3-15-10
Warren Frace RECEIVED
Community Development Director NIA 1
City of Atascadero, Calif.
COMMUMT Y DEVELOM4W
Re: Hilltop Mobile Manor Oak Tree Removals
During one of the past storms, a large coast live oak tree (Quercus agrifolia) in the park
had a massive failure that caused extensive damage and fortunately no one was injured.
Hilltop has since hired A & T Arborists to assess and prune all the large trees in the park.
Some of the trees required crown reductions to reduce the risk of failure. This included
major limb removal to reduce wind sail and probability of failure.
Two of the trees had recent weight reduction but are not long term viable trees for the
park and are being proposed for removal. The first tree is located at space #32. This live
oak (diameter 40") had a large cavity in one of the main scaffold branches. We removed
this branch but noticed the cavity extends into the trunk of the tree. As seen in the
photographs, this tree grows up through the deck and awning and any failure would
certainly result in damage or injury. Through the ISA hazard evaluation form, this tree
rated a 12/12 which represents the most hazardous condition.
The second tree is located adjacent to space #63 (diameter 45"). This live oak was
recently pruned to temporarily reduce the risk of failure. During the pruning, we noticed
the decay in the trunk (see photo # 1). In addition, the crotches are very acute and the
trunk has twisting wood. These factors create a very unsafe condition. This tree
unfortunately has great aesthetics and very poor structure. It also rated a 12/12 on the
hazard evaluation form.
The owners would like to plant the majority of the replacement trees on site. With proper
training, the new trees should be viable for 100 plus years.
Please schedule this hearing for the Planning Commission as soon as possible.
Chip Tam
bo ist #WE 6436-A
i
Steven G. Alvarez
Certified Arborist #WE0511-A
ITEM NUMBER: 4
DATE: 4-6-10
Attachment 2: Arborist Report; Tree hazard evaluation form
45' Live Oak requested for removal
rye
v./
EVALUATION OF HAZARD TREES
TREE Evaluation
Urban
Areas
HAZARD EVALUA TION FORM2ndEdition
Ddu Aoaress tCt t" `'y a Li; I tnn_n,J n✓-
'.tapWluca ion
1wner. pu Dlic _ pnvale _, dnknjown olner
Date-�'[�[_—Uinspector J` � e � C /kll l l �C{
Date of last inspection &,k --z' , L/
TREE CHARACTERISTICS
Tree it—
Daw. -K:5: ti e of trunks: Height:
HAZARD RATING:
1 �auure Sue - larger ^lazaro
Potenua� tit part Rating Paling
i mmeoale ac: on leeaeo
Needs lurtner mspecilon
Dead vee
Form: 1: generally symmetric = minor asymmetry = m
major as;,metry -- stump sprout stag-neaaed
::]]��
Clown class: dominant /eco -dominant L— intermediate _ suppressed _
Live crown ratio: :Zr2 % Aga class: C young C sent,o..ature C mature J<over-ml]atureisenescent
Pruning history: C crown cleaned C excessively ininned C topped C crown raised _ pollarded , at -crown reduced = %sn cuts _.- caoiewbracea
C none J"multiple pruning events Approx. dates.
Special Value: Z specimen Z heriage/histonc C wildlife ❑ unusual street tree C screen = shade = maigenous ,protected by gov. agency
TREE HEALTH
Foliage color. {R�normal -chlorotic C necrotic Epicormics? Y N Growth obstri ctions:
Foliage densittc ;normal C sparse Leaf size: C normal small C stakes _ vwrelties -- signs = caotes
Annual shoot growth: = excellent 9ayerage C poor Twig Dieoack? Y N C curb/pavement = guards /
woundwood development: C excellent average C poor C none other AeeC n — E vac> -Lc-.
Vigor claw. C excellent average fair C poor
Major pestsldiseases:
SITE CONDITIONS
Site Character. &resjdence C commercial C industrial C Pa. z C open space C natural 'C woodlandVorest
Landscape type C parkway C raised bed l �' container C. m.und C lawn C shrub corder C wind break
Irrigation: C none kadequate C inadequate Z excessive Z trunk wettled
Recent site disturbance? Y Z construction - sod disturcance C grade change C line Wearing site clearing
%dripline paved: 0% C 10-251/-.125-50% 5075% 75.100% Pavement fitted? Y6
%dripline w/ fill soil: 0% 10. 5% 25.50% 50.75% 75.100%
• dripflne grade lowered: 0% 1 - 25.50% 50-75% 75-100%
Soil Alems: 0 drainage C shallow C compacted '.j drougnry C saune C alkaline C acidic -- small volume C disease center C Nstorr of tail
C clay _ expansive Z slope _ ° aspect:
Obstructions: C lights C signage C line-ot-sight C view C overnead lines C underground utilities :Iradic C adjacent veg.
Espesure to wind: C single tree C below canopy C above canopy ❑ recently exposed )(windward, canopy edge C area prone to winamrow
Prevailing wind direction: t , VScZ E Occurrence of snow/ice storms Anever C seldom C regularly y
TARGET
Use Under Tree: kuildingperking O traffic 4edestnan C recreation C landscape C hardscape O small teatures Cty utililines
Y N`
Can target be moved? Can use be restricted? Y LN/
Occupaney: ❑ occasional use C intermittent use ❑ frequent use constant use
The Intemational Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
Specimen: TREE HAZARD EVALUATION FORM, Page 1
ITEM NUMBER: 4
DATE: 4-6-10
�► E`/ALU'AT1�1I*"f`fiREES FOR HAZARD 11'
TREE DEFECTS
f ROOT oEFE6r5.
Suspectrootrol: ( Muslroom/conlubrackel present: 10:
Eipos�ed roots: moderale <11 Jl Undermmea .. ^cerale � o•�
Rddt 11-111: ;:Fantz:r^c•. 'funk Root ilea 0/o led: Buttress wounded. whhl,d'
Restricted foot area: severe 'rtdderale ov Polen iai for roo, !allure. ;2:ere "100erate V
LEAN' _.2-_d deg. 'rom eenicji ndfuq innate fol Sed-Cdrrt't1u Soil heaving:
Decay in plane of lean: Q N Roots broken r Sod cracking; 10,
Compounding factors: b1njCA&7 /-J ��b ✓ hlca r v _ _ Lean seventy: sBvefe-1:111le o•r.
CROWN OEFECTS.noicate presence of individual delects ane fife Fheir severity,, - severe, m : moderate. � a yowl
DEFECT I ROOT CROWN I TRUNK SCAFFOLDS BRANCHES
Ppor taper _ `--
Bow. sweep
Codcmmarus/lorks I
MUIh IE attachments
InWudeO Dark ' S'
Excessive end wet ht
cracks/splits
tun els
Girdlin
WDUndwseam
0
Cavfty
ConkVmushrooms/bracket I
Bleedinglisalp flow
�pdSdcracked Dark
fi25un d!i/Dai hive i I
DeadwatxYstubs •
8orersAermitestants
-Cankers/ ahs/buns
Previous failure
HAZARD RATING
Tree part most likely to fail: L TAA 1,f d C'c-f
--�,-.�.r�-✓.i Failure potential: t - low; 2 • medium: 3- hig 0 -severe
Inspection period: annual _ biannual _
other Size of parr. I - <6" (15 cm): 2 -6-18"
3 • 18.30 • >30 cm)
Failure Potential • Size of Part . Target Rating = Hazard Rating
!Z ` _V_ ' _ ���
usee:: in4
Target sung: 1 -occasioonalnal use: u
3 - frequent use a - constant use
HAZARD ABATEMENT
_
Prune: C remove defective part Z7 reduce end weight _ crown clean :thin _ raise canopy '_� crown reduce '._ restructure Z shape
Cable/Brace:
Inspect further. Z root crown 7idecay _ aerial u mon for
Remove tree: O N Replace?C N Move target
Y(q Other. _
Effect on adjacent trees: none C evaluate
Notification: C owner Xmanager C governing agency
Date: IIL� D
COMMENTS
�iaZ.,p !'�� �� c�4GDa.ti/1'S �°LcrJ��j
� T�'kroAL r.2✓t� % �.�Cc�J S�—�
Z 011 5
Specimen: TREE HAZARD EVALUATION FORM, Page 2
�Cl•sG ,G7v-cd- �r
vmw
ITEM NUMBER: 4
DATE: 4-6-10
Attachment 2: Arborist Report; Tree hazard evaluation form
40' Live Oak approved for emergency removal
0
l
"`i
\rr
4„ EVALUATION OF HAZARD TREES
' Photographic
TREE HAZARD hEvaluation Urban
EVALUATION FORM2nd (Edit on
SnGAacress 64 !LL %` �iA l i HAZARD RATING: j
'.tao/Lucaaon S/J!� C -G ` I �a,i-S-,,T— Ta rt = ^+azaro
Owner. oumic / private X unkn/oy,+n other j potential of part Rating Rating
Date . lr?/�o inspector.vCI/ / 1 mmea�ateacaon neeoeo
)ate of ast msoeclton a4 w'c� Neeas lunner nsoecnon
Dead !fee
TREE CHARACTERISTICS LEI �
Tree 0,32 -=_Species: w-c_'x-r-aa
i
OBH:.�4_ I of trunks:_ Height: ,� Spread: �
Form: C generally symmetric C minor asymmetry _ major as;mmerry stump sprout Zrag-neaaea
Crown Class, dominant Xxo-acmmant ::intermediate suppre55e0 .
Live crown ratio: _ % Age class: C young :: sem,-nature f)i!�marure aver-malurvsenescenr
Pruning history: 'C crown cleaned Z exCe tsivety lhrnned ❑ topped crown raised C pollarded crown reduced _ Ilusn cuts .. cabtea/bracea
C none $multiple pruning events Approx. dates:
Special Value: ❑ specimen C nentage/hatonc C wildlife C unusual C street tree _ screen C shade maigenous X'orotecled ay gov. agency
TREE HEAL7ij -
Fa liage calor. rural C' cluorotic u necrotic Epicormics? Y N Growth obstructions:
Foliage density; ) 6ormya�l C sparse Leal size: C normal ,C small C stakes C vvrremes _ signs Z cables
Annual shoot growth: lcexcellent C average C poor Twig Dieoack? Y N curo/pavement --guards
Woundwood development: C excellent Xaverage C poor --none other
Vigor class: C excellent 16.raige Clfair C poor 1
Major pesis/diseases:
SITE CONDITIONS
Site Character. residence C commercial C industrial C pa z -2 open space G natural C woodlandVarest
Lanrtpape type: C parkway G raised bed ❑ container C m:una C fawn shrub border C wind break
ImQandn: .^., none fXadequate 2 inadequate 0 excessive C trunk wettlea
Recant site disturbance? Yr� C construction sort disturbance grade change :: line clearing C site clearing
• dnpline paved: 0% 10-25 25.50% 50-75% 75.100% Pavement lifted? Y N
%dripline w/ fill soil: t 10.25% 25.50% 50.75% 75-100%
% dripllne grade lowered: 10-25% 25-50% 50.75% 75-100%
soil pr%blems: C drainage O snallow C compacted 'C draughty C sanne C alkaline C acidic C small volume disease center C historr, at lad
C clay _ exdanswe C slope _ ° aspect:
Obstructions: O lights :'signage ❑ line-Ot-sight 0 view C overnead lines C underground utilities xtrahic C adjacent veg.
Exposure to wind: C single tree C below canopy C above canopy :]recently exposed $(windward, canopy edge C area prone to wtnothrow
Prevailing wind direction: r--5 Occurrence of snow!¢e storms Onever C seldom C regularly w
TARGET
Use Under Tree:building %parking QAffic J�pedestnan C recreation C landscape C hardsape C small features kuutibrylines
Can target be moved? Y & Can trse be restricted? Y
Occupancy O ocrasionat use ❑ intermittent use C frequent uce Aonstant use
The Inteirattonal Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
Specimen: TREE HAZARD EVALUATION FORM, Page 1
ITEM NUMBER:
DATE: 4-6-10
fi
ITEM NUMBER: 4
DATE: 4-6-10
Attachment 3: Draft PC Resolution
DRAFT RESOLUTION NO. PC 2010-0009
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TREE
REMOVAL PERMIT PLN 2010-1357/TRP 2010-0139 TO ALLOW THE
REMOVAL OF ONE (1) HAZARDOUS NATIVE TREE
LOCATED AT 5715 SANTA CRUZ ROAD (APN 049-042-006)
(HILLTOP MOBILE MANOR)
WHEREAS, an application for a Tree Removal Permit has been received from Hilltop
Manor, 5715 Santa Cruz Road, Atascadero, CA 93422 (Property Owner) and Heather and
Charles McIntire, 5715 Santa Cruz Rd #66, Atascadero, Ca 93422, (Applicants) to allow the
removal of one (1) 45 -inch DBH native Live Oak tree at 5715 Santa Cruz Rd; and,
WHEREAS; the Planning Commission reviewed the proposed Tree Removal
application on April 6, 2010, 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 Approval of Tree Removal Permit. The Planning
Commission finds as follows:
■ The trees are dead, diseased or injured beyond reclamation, as certified by a
tree condition report from an Arborist
SECTION 2. Approval. The Planning Commission hereby approves Tree Removal
Permit 2010-0139 (PLN 2010-1357) subject to the following:
Exhibit A: Conditions of Approval
ITEM NUMBER: 4
DATE: 4-6-10
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
Heather Moreno
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER: 4
DATE: 4-6-10
Exhibit A: Conditions of Approval
Tree Removal - PLN 2010-1357 / TRP 2010-0139
Conditions of Approval
Timing
Responsibility
PLN 2010-1357/TRP 2010-0139
/Monitoring
PR. Pnorto Removal
PS: Planning Services
BL: Business License
BS: Building Services
BP: Building Permit
FD: Fire Department
T0: Temporary Occupancy
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
Planning Services
1. This removal permit includes approval for the
PR
removal of one (1) native 45 -inch Live Oak tree at
5715 Santa Cruz Road.
2. The applicant shall mitigate the removal of the one (1)
PR
PS
native tree by paying into the tree mitigation fund or
replanting onsite in accordance with the requirements
of the Atascadero Native Tree Ordinance. See table
below. Fees or replanting shall be done prior to
removal of the tree.
Evergreen Native Trees (inches)
dbh notes
1 45 -inches
2
3
4
5
6
Total 45 -inches
Mitigation Requirement
req'd tree replacements: 15 five gal trees
Proposed Replanting 0 five galtrees
C Ccx_rc." L24
Deciduous Native Trees (inches)
dbh notes
1
2
3
6
Total 0 -inches
req'd tree replacements
Proposed Replanting
♦•. ♦♦
Remaining 6ldigation i 15 five gal trees �• Remaining Iddigation
Tree Fund Payment: 5 750.00 Tree Fund Payment: 5
0 five gal trees
0 five gal trees
0 box trees (2-
0
2=0 fh: a gal trees
Totals
45 -inches
15 five gal trees
0 five gal trees
0 box trees (24"'
15 five gal trees
ITEM NUMBER: 5
DATE: 4-6-10
A tascadero Planning Commission
Staff Report — Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylorC@atascadero.org
PLN 2009-1351
Conditional Use Permit for
Oversized Accessory Structure
5095 Miramon Ave
(Thompson)
SUBJECT:
The proposed application consists of a request to allow an accessory garage that
exceeds 50% of the size of the primary residence.
RECOMMENDATION:
Staff Recommends Planning Commission:
Adopt PC Resolution 2010-0008 to allow a 990 square -foot garage based on findings
and subject to conditions of approval.
SITUATION AND FACTS:
1. Owner/Applicant: Quentin & Nicole Thompson, 5095 Miramon Avenue,
Atascadero, CA 93422
2. Project Address: 5095 Miramon Avenue, Atascadero, CA 93422
APN 028-093-035
3. General Plan Designation: Single -Family Residential (SFR -Y)
4. Zoning District: Residential Single -Family (RSF-Y)
5. Site Area: 0.253 acres
6. Existing Use: Single -Family Residence
7. Environmental Status: Class 3 Categorical Exemption: New Construction or
Conversion of Small Structures
ITEM NUMBER: 5
DATE: 4-6-10
DISCUSSION:
Background
The subject lot is 0.253 acres with an existing 1,174 square foot single-family
residence. The lot is flat, located on a corner parcel, and is connected to an on-site
septic system.
ANALYSIS:
The applicant is proposing a 990 square foot detached garage on the subject site. An
existing 276 square foot tool shed would be removed to construct the garage.
Atascadero Municipal Code Section 9-6.106 limits the size of detached accessory
structures to less than 50% of the primary residence. The Municipal Code allows
detached accessory structures to be larger than 50% through approval of a Conditional
Use Permit.
Municipal Code Section 9-6.106:
"Floor Area. The gross floor area of a detached accessory structure is not
to exceed fifty percent (50%) of the gross floor area of the principal
structure. "
"Detached accessory structures that exceed size requirements are subject
to the approval of a minor conditional use permit."
The existing residence is 1,174 square feet. The Municipal Code Section 9-6.106 limits
the size of a detached accessory structure to 587 square feet (50% of the residence)
without approval of a Conditional Use Permit. The proposed garage exceeds the
allowed size by 403 square feet.
The proposed garage is designed to be consistent with the style of the single-family
residence on the property. The structure is proposed with a composition style roof and
wood siding painted to match the existing residence.
The proposed detached garage is designed with large garage doors facing Miramon
Avenue. The structure is proposed at almost 20 feet tall at the peak (19 -foot 9.5 -
inches) and twelve feet tall at the eves. The structure does not exceed the height limit
for the Residential Single -Family zone, however, it is several feet taller than a standard
one-story garage.
The garage is proposed to be located on the northern corner of the lot, with a twenty -
foot (20') setback from Miramon Avenue. The standard front setback on a residential
lot is 25 -feet, however, the property at 5095 Miramon qualifies for a shallow lot setback,
as permitted by the Atascadero Municipal Code Section 9-4.106.
ITEM NUMBER
DATE: 4-6-10
Municipal Code Section 9-4.106
"Shallow Lots. The front setback shall be a minimum of twenty (20) feet for
any lot less than ninety (90) feet deep."
The lot at 5095 Miramon Avenue has an average depth of approximately 89 -feet, which
qualifies the property for the shallow lot setback. The detached garage is proposed to
be located at 20' from the front property line. Planning Commission approval is not
required for this reduced setback as Section 9-4.106 allows the reduced setback for
any lot that meets the minimum depth. However, neighborhood compatibility is required
finding for the Conditional Use Permit, and therefore, the size and location of the
structure on the lot may be factors that the Planning Commission would consider when
evaluating the proposed project.
Proposed garage
990 sq. ft.
20ft front
setback
O
Z
Fn
Site Plan
C��
ITEM NUMBER: 5
DATE: 4-6-10
Proposed Floor Plan
30'
Elevations
(i REAR ELEVATION
OpgHT ELEVATION
0LEFT ELEVATION
ITEM NUMBER: 5
DATE: 4-6-10
CONCLUSIONS:
The proposed project includes a 990 square foot accessory structure, which exceeds
the 50% of the size of the main residence. Code Section 9-6.106 allows the
construction of an oversized accessory structure with Planning Commission approval to
check for neighborhood compatibility. 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.
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 — Aerial Photo
Attachment 3 — Categorical Exemption
Attachment 4 — Draft Resolution PC 2010-0008
ITEM NUMBER: 5
DATE: 4-6-10
ATTACHMENT 1: Location Map (General Plan and Zoning)
PLN 2009-1351 / CUP 2009-0248
5095 Miramon Ave.
Zoning: RSF-Y
Land Use Designation: SFR -Y
ITEM NUMBER
DATE: 4-6-10
ATTACHMENT 2: Aerial Photo
PLN 2009-1351 / CUP 2009-0248
5095 Miramon Ave.
ITEM NUMBER: 5
DATE: 4-6-10
ATTACHMENT 3: Categorical Exemption
fiDg
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 EI Canino Real
TO: ® File
❑ Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero, CA 93422
Atascadero, CA 93422 805.461.5000
Date Received for Filing
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code
Proiect Title
PLN 2009-1351 CUP 2009-0248 OVERSIZED ACCESSOR Y STR UCTURE
Project Location (Include County)
5095Miramon Avenue
Atascadero, CA 93422-4363 (San Luis Obispo County)
APN 028-093-035
Project Description
The proposed project consists of an application to construct a 990 square feet detached accessory garage at the
subject property.
Name of Public Agency Approvin Pg roiect
City of Atascadero
Name of Person or Agency C=dng Out Project
Quentin and Nicole Thompson
5095 Miramon Avenue
Atascadero, CA 93422-4363
Exempt Status:
❑ Ministerial (Sec. 21080 (b)(1); 15268)
❑ Declared Emergency (Sec. 21080(b)(3); 15269(a))
❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c))
® Categorical Exemption (Sec. 15311, Accessory Structures)
Reasons why project is exempt:
Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Construction or Conversion of Small
Structures) exempts the construction and location of limited numbers of new, small facilities or structures, such as accessory
structures including garages, carports, patios, swimming pools, and fences.
Date: March 23, 2010
Callie Taylor
Associate Planner
Contact Person: Warren Frace, Director of Community Development, City of Atascadero (805) 461-5000
ITEM NUMBER: 5
DATE: 4-6-10
ATTACHMENT 4: Draft Resolution PC 2010-0008
PLN 2009-1351 / CUP 2009-0248
DRAFT RESOLUTION NO. PC 2010-0008
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2009-1351 / CUP 2009-0248,
A 990 SQUARE -FOOT ACCESSORY STRUCTURE WHICH EXCEEDS
50% OF THE SIZE OF THE MAIN RESIDENCE
(THOMPSON)
WHEREAS, an application was received from Quentin and Nicole Thompson, 5095
Miramon Avenue, Atascadero, CA 93422, (Owner/Applicant), for a Conditional Use Permit to
construct a 990 square -foot accessory structure; and,
WHEREAS, the proposed project has a General Plan Designation of Single -Family
Residential (SFR -Y) 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 Single -Family (RSF-Y) zone, which
allows for the proposed use and density when certain findings are made; and,
WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger
than 50% of the primary structure's square -footage; and,
WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with
CEQA section 15303 New Construction or Conversion of Small Structures; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Conditional Use Permit application on April 6, 2010 at 7:00 p.m. and considered
testimony and reports from staff, the applicants, and the public.
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 has been found Categorically Exempt under Class 3, Section 15303
of the California Environmental Quality Act.
ITEM NUMBER: 5
DATE: 4-6-10
SECTION 2. Findings for approval of oversized garage. The Planning Commission
finds as follows:
1. 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 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on April 6, 2010, resolved to approve Conditional Use Permit 2009-0248,
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Floor Plan & Elevations
ITEM NUMBER: 5
DATE: 4-6-10
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
Heather Moreno
Planning Commission Chairperson
ATTEST:
Warren Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 4-6-10
EXHIBIT A: Conditions of Approval
PLN 2009-1351 / CUP 2009-0248
Conditions of Approval
Timing
Responsibility
/Monitoring
PLN 2009-1351 / CUP 2009-0248
PS: Planning Services
BL: Business License
BS: Building Services
Address: 5095 Miramon Ave
BP:OradngPer it
BP: Building Permit
Department
FD: Fire eDepartm
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
Planning Department Standard Conditions
1. This Conditional Use Permit shall be for a detached 990 square foot
Ongoing
PS
garage as described on the attached exhibits and located on parcel
APN 028-093-035 (5095 Miramon Ave.) regardless of owner.
2. The approval of this use permit shall become final and effective for the
Ongoing
PS
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.
3. The Community Development Department shall have the authority to
BP
PS, CE
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 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
BP
PS
(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.
5. The applicant shall defend, indemnify, and hold harmless the City of
Ongoing
PS, CA
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.
City Engineer Project Conditions
1. Per Municipal Code Section 9-4.160, the developer shall slurry
GP, BP
CE
seal/crack seal or overlay Miramon Avenue and Sycamore Road across
the frontage of the property to a width of 1/2 the roadway plus 10'. The
type and extent of frontage improvement will be determined by the Cit
ITEM NUMBER
DATE: 4-6-10
Conditions of Approval
Timing
Responsibility
/Monitoring
PLN 2009-1351 / CUP 2009-0248
PS: Planning Services
BL: Business License
BS: Building Services
Address: 5095 Miramon Ave
OP: Grading Permit
BP: Building Permit
FD: Fire
PD: Policea Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
Engineer prior to issuance of building permits.
City Engineer Standard Conditions
2. If 1000 net square feet or more of impervious surface is constructed, the
GP, BP
CE
applicant shall install a detention basin to mitigate the runoff. Prior to the
issuance of building permits the applicant shall provide for the detention
and metering out of developed storm runoff so that it is equal to or less
than undeveloped storm runoff.
"net" = proposed impervious surface — existing impervious surface
removed from the site
3. Drainage basins, if required by the City Engineer, shall be designed to
GP, BP
CE
de -silt, detain and meter storm flows as well as release them to natural
runoff locations.
4. The Applicant must maintain historic drainage patterns and
GP, BP
CE
characteristic for surface water flowing off and onto the subject property.
5. Applicant shall submit erosion control plan with the grading or plot plan.
GP, BP
CE
6. All work in the public right-of-way shall be constructed in conformance
GP, BP
CE
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City Engineer.
7. The Applicant shall maintain the 100% expansion area shown on the
GP, BP
CE
plans and cannot build permanent structures on this area unless the
property is connected to the City sewer system.
8. All utilities shall be undergrounded on project frontage
GP, BP
CE
ITEM NUMBER
DATE: 4-6-10
EXHIBIT B: Site Plan
c
i
`
- I
y ,l
'
MIRAMON AVE.
ITEM NUMBER: 5
DATE: 4-6-10
EXHIBIT C: Floor Plan and Elevations
I
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