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HomeMy WebLinkAboutPC_2009-03-17_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, March 17, 2009 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jack Vice Chairperson Moreno Commissioner Bentz Commissioner Colamarino 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) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 17, 2009. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS Regular Meeting, March 17, 2009 Page 2 of 4 2. PLN 2009-1319/TREE REMOVAL PERMIT FOR 3182 PASEO DEL LAGO Property Owner: The Lakes of Atascadero HOA, c/o Mark IV Property Management, 5735 EI Applicant: Camino Real #H, Atascadero, CA 93422 Applicant: Clay Chisum, 3281 Via del Sueno, Atascadero, CA 93422 Certified Arborist: A & T Arborist, 1565 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2009-1319 / TRP 2009-0129 Tree Removal Permit Project Open space next to the lake (The Lakes Development), Atascadero, CA 93422 Location: APN 049-031-070 (San Luis Obispo County) Project 52" DBH Valley Oak proposed for removal. The tree is dead as certified by the project Description: arborist. 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).) 3. PLN 2008-1293 CONDITIONAL USE PERMIT AMENDMENT, 5400 SAN ANSELMO AVE. Property Owner: Vern H. Haynes, 2012 Park Street, Paso Robles, CA 93446 Applicant: Rev. Vern Haynes, True Spirit Missionary Baptist Church, 5400 San Anselmo Ave., Atascadero, CA 93422 Project Title: PLN 2008-1293 / Amendment to Conditional Use Permit 1989-003 Project 5400 San Anselmo Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-163-051 Project The project consists of an Amendment to the existing Conditional Use Permit 1989-003. Description: The Amendment includes a remodel and 1364 sq. ft. addition to the existing church. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed CEQA exemption class 1 (section 15301) Existing Facilities Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting, March 17, 2009 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS • CONFERENCE DISCUSSION Discussion of Upcoming 2009 Planners Institute Conference. DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for April 7, 2009, 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, March 17, 2009 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 Annex business hours at the Community Development counter 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. 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, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. 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 AGENDA ITEMS 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 podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will 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 Chairperson 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 Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 3-17-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Tuesday, February 17, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Moreno led the Pledge of Allegiance. ROLL CALL Present: Commissioners Moreno, Sturtevant, Bentz, Ward, Schmidt and Chairperson Jack Others Present: Recording Secretary Susanne Curtis Anshen Staff Present: Community Development Director Warren Frace, Deputy Public Works Director David Athey, and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Moreno and seconded by Commissioner Bentz to approve the agenda. Motion passed 5:0:1 by a roll -call vote. (Commissioner Schmidt abstained.) Draft PC Minutes of 02/17/09 Page 1 of 12 PUBLIC COMMENT: None. Chairperson Jack closed the Public Comment period. PLANNING COMMISSION BUSINESS A. ADMINISTRATION OF OATH OF OFFICE Marcia Torgerson, City Clerk, administered the Oath of Office to new Planning Commissioner Len Colamarino. B. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON The Commission will select a Chairperson and Vice Chairperson. NOMINATION: Commissioner Moreno nominated Sandy Jack as Chairperson of the Planning Commission and Commissioner Bentz seconded the nomination. Sandy Jack was elected as Chairperson of the Planning Commission 7:0 by a roll -call vote. NOMINATION: Commissioner Bentz nominated Heather Moreno as Vice Chairperson of the Planning Commission and Commissioner Sturtevant seconded the nomination. Heather Moreno was elected Vice Chairperson 7:0 by a roll -call vote. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 6, 2009. 2. PLN 2009-0789, APPROVAL OF TIME EXTENSION FOR 5715 & 5735 ROSARIO AVE. (RAVATT, MAYER) 1�1 3A[���1 ��il ►�il��il�] None. Chairperson Jack closed the Public Comment period. Draft PC Minutes of 02/17/09 Page 2 of 12 MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve the Consent Calendar. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2009-1316/TREE REMOVAL PERMIT FOR 7405 DEL RIO ROAD Property Owner: Steve and Eve Williams, 17643 Community Street, Northridge, CA 91325-3923 Certified Arborist: Henry Curtis, Certified Arborist, 5456 Bolsa Ave., Atascadero, CA 93422 Project Title: PLN 2009-1316 / TRP 2009-0125 Project Location: 7405 Del Rio Road, Atascadero, CA 93422 APN 049-241-049 (San Luis Obispo County) Project Description: A request to remove one (1) live oak totaling 28 inches DBH to make repairs to foundation. Associate Planner Callie Taylor gave the staff report. DISCLOSURE OF EXPARTE COMMUNICATIONS: None. None. Chairperson Jack closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to adopt resolution PC 2009-0004 to allow the removal of one (1) live oak totaling 28 inches DBH. Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS 4. PLN 2099-0997 / ZONE CHANGE TEXT AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT AND TENTATIVE TRACT MAP FOR 9000 WEST FRONT ROAD Draft PC Minutes of 02/17/09 Page 3 of 12 Property Owner: West Front Village, LLC, 1301 Chorro Street, San Luis Obispo, CA 93401 Applicants: Richard Shannon, John Rossetti, & Jim Shores, 6755 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2099-0997 (ZCH Text Amendment, CUP Amendment, & TTM) Project Location: 9002 West Front Road & 9000-9092 Coromar Ct., Atascadero, CA 93422 APN 056-131-034 thru 056-131-065, 022, 023 (San Luis Obispo County) Project Description: The project consists of an application to amend the Conditional Use Permit (Master Plan of Development) for West Front Village. The floor plans on the residential lots have been redesigned and the common driveways and attached garages have been eliminated. Modifications to the architectural design of the residential units are proposed. The gas station on Lot 2 of the commercial portion is proposed to be replaced with a 4,880 square foot commercial retail building. A new Tentative Tract Map is proposed with the same number of lots as the originally approved Tract Map. The residential lots and Lot 2 of the commercial development have been reconfigured to fit the redesigned floor plans. The application also includes a Zone Change Text Amendment to change the language in the PD -23 standards to match the new project layout. Amendments to the original conditions of approval are proposed. General Plan Designation: GC, MDR Zoning District: CR, RMF -10, PD -23 Proposed Consistent with Certified Mitigated Negative Declaration 2005-0165. Environmental Determination: Commissioner Schmidt recused himself due to the proximity of his residence to the subject property. Commissioner Schmidt then he left the meeting room. DISCLOSURE OF EXPARTE COMMUNICATIONS: • Chairperson Jack stated he visited the project, but did not speak to anyone. • Vice Chairperson Moreno stated she visited the project, but did not speak to anyone. • Commissioner Sturtevant stated he visited the property, and did not speak with anyone. • Commissioner Colamarino stated he visited the project, but did not speak with anyone. Community Development Director Warren Frace and Associate Planner Callie Taylor gave the staff report and answered questions of the Planning Commissioners. Draft PC Minutes of 02/17/09 Page 4 of 12 PUBLIC COMMENT: Mr. Shannon, the applicant and partner on West Front Village, thanked staff for their assistance. Mr. Shannon stated originally they had agreed to maintain plants in the Caltrans right-of-way for two years giving the plants time to mature, and then either Caltrans or the City would assume maintenance and the title was recorded with this condition. Mr. Shannon stated parcels have been sold with this condition, but now Caltrans has requested a 20 -year maintenance condition. Mr. Shannon suggested they landscape the buffer piece not on Caltrans property and maintain this for two years, and then after that the maintenance would be up to the City under Condition 12. Mr. Shannon stated under the affordable housing element of the project, they may not be able to sell the units and may need to keep some as rental units. If this is the case, it is more economically feasible to cluster the rental units together to reduce maintenance costs, which the City has granted on other projects. Mr. Shannon also stated they are asking to mix in -lieu fees and constructed units together when they present to the City Council and they will have a formula to present at that time. And, finally, Mr. Shannon asked that since they have recorded the final map and did not have facility district and homeowners association in place, they executed a deferral agreement, and would like to continue the deferral agreement. Mr. Shannon stated staff's suggestion of color was not a problem. Mr. Shannon stated his civil engineer, Russ Thompson, and his partner, John Rosetti, also here for questions. Commissioner Moreno asked Mr. Shannon about the deferral agreement. Mr. Shannon stated the deferral agreement was for the Facilities District that must be created for police and fire protection. Once established, they must start paying into it, and they felt it was not fair to pay for houses that were not yet there; however, they wanted to record the map in order to sell a parcel to Holiday Inn. Mr. Shannon stated they worked out a deferral agreement that stated prior to construction of the residential units the district would be in place. Commissioner Colamarino asked if Caltrans was bound to the two-year limitation on the landscape maintenance. Mr. Shannon explained there are provisions in the recorded documents for maintaining the off-site landscaping for a two-year period. When Caltrans wanted a longer period, the CC&Rs were in conflict with the request. They returned to the City with the suggestion to heavily landscape the buffer piece in between and maintain this for two years and then turn the same over to the City for future maintenance, thereby stepping around Caltrans. Mr. Shannon stated their attorneys Draft PC Minutes of 02/17/09 Page 5 of 12 advised them they could not legally contribute to the landscape maintenance for more than two years because it would be in conflict with the documents already recorded. Commissioner Ward asked if the landscaping is on a timed irrigation. Mr. Shannon stated their would be timed irrigation and the maintenance would consist of replacing dead plants and weed removal along with the timed irrigation for a two-year period. After that, Mr. Shannon stated the drought -tolerant plants would be cut off from irrigation and the City would only need to remove weeds. Commissioner Bentz asked staff who is responsible for the maintenance in the Caltrans right-of-ways. Community Development Director Warren Frace stated Caltrans would be responsible for the maintenance in the right-of-ways. Mr. Frace stated that Caltrans is not interested in trees being planted in the Caltrans right-of-way because of the cost of future maintenance and this is where Caltrans came up with the 20 -year requested agreement. Mr. Frace stated that Public Works does not want to take over maintenance either, which has presented this situation before the Commission. Commissioner Sturtevant asked about the in lieu fees. Mr. Shannon stated the affordable housing policy states projects of 11 or more units must building units or receive Council approval to pay in lieu fees based on a formula which gives some flexibility because of the fluctuation of interest rates. Mr. Shannon stated the affordable unit price could become so low that the developer could not afford to build and, therefore, could pay in lieu fees, which go into a fund for future affordable projects. Mr. Shannon said they are asking they be allowed that alternative, which was left out of the original wording. Mr. Bentz asked if the in lieu fees go into a housing fund. Community Development Director Warren Frace stated in lieu fees go into a restricted account for the sole purpose of affordable housing like Habitat for Humanity thereby leveraging those fees to maximize their value. Commissioner Colamarino asked if the applicant had the option of in lieu fees, would they not build the duplex units. Mr. Shannon stated they would probably build the three moderate units and then building the four of the low-income units and then pay two in - lieu fees, but this would be dictated by the market. Commissioner Ward asked if lots 13 — 18 are duplexes and are all in the affordable category. Mr. Shannon stated they do not have to be. Commissioner Ward asked applicant if he had a Plan B in case the Council does not allow the clustered affordable housing. Draft PC Minutes of 02/17/09 Page 6 of 12 Mr. Shannon stated they would just disperse the affordable units throughout the project, but due to today's market, he really needs flexibility and options. Commissioner Bentz stated low to moderate income housing clustering creates pockets of "cancer" in communities, and when it starts to deteriorate, it goes fast and the City would like to spread them out to prevent this deterioration. Mr. Shannon agreed when talking about a large number of units, but his project would only have six affordable housing units. Chairperson Jack asked what type of fencing would be utilized between the open portion in Lot 3 and the residential area. Community Development Director Warren Frace stated the plan calls for tubular, steel, open fencing. Chairperson Jack asked about lots 10 and 11, and if the applicant anticipated any issue on the transition between the housing to the affordable housing, stating it was his recollection it was a 6 -foot fence. Mr. Shannon stated when the project is completed, there will be no visual difference between the regular and the low-income units. Commissioner Jack asked the applicant about planting a shade tree in the open area in the second cul-de-sac. Associate Planner Callie Taylor stated there is a tree planned for that space which has been conditioned. Commissioner Colamarino asked Mr. Shannon if they were prepared to meet all the conditions except for the four items discussed as well as the deferral agreement. Mr. Shannon stated he was. Linda Hanson asked to have Condition 11 repeated. Associate Planner Callie Taylor stated it is actually a condition for Coromar Court in which the applicant is asking the decorative treatment be as in the drawings and not up to the driveway. Ms. Hanson spoke about the headlights of cars coming out of the Jack -In -The -Box on Portola Road directing the headlights down her street. Ms. Hanson asked if the drainage basin will stay and if there will be a safety fence. Chairperson Jack stated the drainage basin will stay, and at this point, there is nothing conditioned for fencing. Draft PC Minutes of 02/17/09 Page 7 of 12 Mary Neal, who lives on Cason Court, read letter she wrote to Mr. Shannon and Planning Commissioners regarding traffic noise and her concern for intensified noise once the project is completed. Chairperson Jack closed the Public Comment period. Chairperson Jack suggested staff get a list of concerns together while the Commission takes a short break. Commissioner Bentz stated staff has put together a thorough report and has offered alternatives, he is in agreement with the report, and that Mr. Shannon's three items of concern need to be presented to City Council. Commissioner Bentz stated the Planning Commission does not have the ability to change those policies. Chairperson Jack asked staff about Ms. Neal's concern on traffic noise. Community Development Director Warren Frace stated this is the corner house at end of the off -ramp and is subject to noise impact, but this is an existing condition and this project does not have the ability to correct an existing condition. Commissioner Colamarino asked about the legal implications of the recorded documents having the two-year landscape maintenance requirement and requested staff's opinion. Community Development Director Warren Frace stated he has not spoken with the City Attorney about this issue, bit the CC&Rs are already recorded with the landscape provisions which probably cannot be changed. He stated the Planning Commission may want to run this by the City Council without making a specific recommendation, and staff can work with the applicant and the Public Works Dept. to come up with something that might work with a shorter maintenance period. Commissioner Colamarino stated the clustering policy seems beyond the Planning Commission's province, but could suggest to the City Council make an exception. Community Development Director Warren Frace advised sticking with the staff recommendation because the City Council has already approved the project as in compliance with affordable housing policy; however, the Council may want to re- examine this once it comes before them. Commissioner Bentz asked if Mr. Shannon could make the same presentation to the City Council. Community Development Director Warren Frace stated he could. Commissioner Bentz stated since the City Council is the only body with authority to modify the policy; therefore, it is appropriate for the Commission to ask the City Council to hear the same presentation, but not make recommendations. Draft PC Minutes of 02/17/09 Page 8 of 12 Chairperson Jack asked if we should add the paint issue. Community Development Director Warren France stated that issue was already conditioned. Commissioner Colamarino asked for a clarification as to the housing and in lieu fees, whether they need to be addressed by the City Council, but the Planning Commission is not in a position to grant changes. Community Development Director Warren Frace stated he suggested they make no recommendation on this issue, because this is an exception that only the City Council can grant. Chairperson Jack stated the only items the Commission could offer alternatives for would be to explore different landscaping options to present to the City Council and the deferral agreement. Community Development Director Warren Frace stated the deferral agreement for the facilities district has to do with the timing of the facility district which is a condition on both the master plan and the map as a standard condition. He explained facility districts are required before the maps record; however, as soon as it is created, applicant would have to start paying into the facility district. He recommended they leave the deferral agreement the way it is; and if the applicant wants to apply for an extension, he can work it out with the City Attorney. Commissioner Colamarino asked staff if the Commission recommended the City Council make an exception to affordable housing, does it carry with it the implication that an exception should be made or only that it be considered. Chairperson Jack stated the City Council will take into consideration the Planning Commission's recommendation and put the appropriate weight to that recommendation. Commissioner Bentz stated the City Council sets policy, adopts ordinances and zoning codes, etc., and the Planning Commission's job is to uphold those decisions, not to challenge those decisions. Commissioner Colamarino stated he is only asking if this is redundant and whether the City Council is going to make an exception irrespective of whether the Planning Commission recommends the exception. Chairperson Jack stated it was within the prerogative of the City Council to take it into consideration, weigh it and then possibly make an exception. Commissioner Colamarino stated he would include the recommendation that the City Council look carefully at this project for exceptions to the clustering of affordable housing and in lieu fees. Draft PC Minutes of 02/17/09 Page 9 of 12 Commissioner Bentz suggested the City Council will make a decision after Mr. Shannon makes his presentation; and the only thing the Planning Commission can do is make a recommendation to the City Council based upon what is before us tonight. Commissioner Colamarino asked to clarify that he is not suggesting second-guessing the City Council. He stated he is only suggesting that the Commission highlight that there is an issue here. Commissioner Bentz reiterated the Council will hear the presentation and make their decision. Chairperson Jack stated he does not have a problem recommending the City Council give serious consideration to this situation which has been accommodated in the past. Commissioner Ward asked if the Planning Commissioners could give their views because he is persuaded by Mr. Shannon's argument that only six affordable units clustered would not create blight. Commissioner Ward also stated that it is the Planning Commission's responsibility to make a recommendation to the City Council. Commissioner Moreno stated on Nos. 1 and 3, the landscaping and deferral agreement, she is in favor of having the City Council review these issues. Commissioner Moreno stated she is opposed to the request to cluster the affordable housing, which would have a greater impact on the project if they are rentals because when the units are owned, there is more pride of ownership. Commissioner Moreno stated she has no issue with the in lieu fees. Chairperson Jack stated the CC&Rs will exercise some control over the appearance of the units, which may mitigate the issue. Commissioner Moreno stated this would probably not work with the rental issue. Commissioner Sturtevant stated the recommendation on clustering could be made more specific as to the size of the units in question. Community Development Director Warren Frace stated the condition carried over since this was a previously -approved project. Chairperson Jack suggested on the clustering concept, we get a sense of what the consensus is on the Commission. Commissioner Bentz agreed with Commissioner Moreno's point that it is possible those six units could be owned by absentee owners and rented, and that needs to be handled when the sale is made or when they are rented. Commissioner Bentz stated the City needs to enforce the low and moderate income housing unit policies. Commissioner Bentz did not mind suggesting to the City Council that consideration needs to be given to these issues. Draft PC Minutes of 02/17/09 Page 10 of 12 Commissioner Colamarino stated he understands clustering makes sense in larger developments, but we are only taking about a small number of units in a troubled housing market. He would support a statement that in view of the fact that there are only six units and the conditions prevailing the housing market, the Commission recommends consideration be given to whether strict application of clustering requirement is warranted in this case. Chairperson Jack stated he feels we are all saying about the same thing, that we are recommending that they take into consideration making an exception in this case. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to adopt: 1. Resolution PC 2009-0005 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Code Text Change 2009-0152 (PLN 2099-0997) amending the PD -23 Overlay District Text consistent with the revised project design based on findings; 2. Resolution No. PC 2009-0006 recommending that the City Council approve Master Plan of Development Amendment (CUP 2003-0108 Amendment / PLN 2099- 0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring; 3. Resolution No. PC 2009-0007 recommending that the City Council approve a Tentative Tract Map for Tract 2970 (PLN 2099-0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Including conditions of approval submitted by staff at this meeting that the City Council give consideration to the three items presented to this Commission by the applicant regarding landscaping, affordable housing units being clustered, and the housing or in lieu fees, and the deferral agreement for the CFD. Motion passed 6:0 by a roll -call vote. (Commissioner Schmidt recused himself.) Commissioner Schmidt rejoined the Planning Commission meeting. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked if the Commission would like to recommend that City Council to visit the issue of extensions beyond one year at a time. Community Development Director Warren Frace stated currently the State granted one year extensions to all maps, which is in addition to any City extensions granted. Draft PC Minutes of 02/17/09 Page 11 of 12 Commissioner Schmidt asked what the current fee for extension currently costs. Community Development Director Warren Frace stated it is in the range of $400.00. Commissioner Schmidt suggested this be visited so applicants can get a longer extension for the one-time fee paid. Chairperson Jack asked staff to agendize this for a future Planning Commission meeting. DIRECTOR'S REPORT • The next Planning Commission meeting is March 3, 2009, and Tractor Supply project at Dove Creek will be on the agenda. There was a neighborhood meeting held and he expects a healthy turnout. • The Planners' Institute is scheduled for March 25-27 and all Commissioners will be attending. ADJOURNMENT: - 9:17 pm The meeting was adjourned at 9:17 p.m. to the next regular meeting of the Planning Commission scheduled for March 3, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero, California. MINUTES PREPARED BY: Susanne Curtis Anshen, Recording Secretary Draft PC Minutes of 02/17/09 Page 12 of 12 ITEM NUMBER: 2 DATE: 3-17-09 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2009-1319 Tree Removal Permit 3185 Paseo del Lago (The Lakes HOA / Chisum) SUBJECT: The proposed project includes a request to remove one (1) Valley Oak totaling 52 inches DBH, located on the open space lot in The Lakes residential development. The tree is dead, as certified by the project arborist. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2009-0011 to allow the removal of one (1) dead Valley Oak totaling 52 inches DBH subject to conditions of approval. Situation and Facts: 1. Property Owner: The Lakes of Atascadero HOA, c/o Mark IV Property Management, 5735 EI Camino Real #H, Atascadero, CA 93422 2. Applicant: Clay Chisum, 3281 Via del Sueno, Atascadero, CA 93422 3. Project Address: 3185 Paseo del Lago, Atascadero, CA 93422 APN 049-031-070 4. Certified Arborist: Steven Alvarez, A&T Arborist, 1565 EI Camino Real, Atascadero, CA 93422 5. General Plan Designation: Open Space (OS) 6. Zoning District: Open Space (OS) ITEM NUMBER: 2 DATE: 3-17-09 7. Site Area: 32.03 acres 8. Existing Use: Open Space at The Lakes Development ANALYSIS: An application has been submitted by The Lakes Homeowners Association for the removal of one (1) 52" Valley Oak. The tree is located on an open space lot near the lake at the center of the development. The HOA has requested removal because the tree is dead. A&T Arborists has evaluated the condition of the tree and signed the Tree Removal Permit form, certifying that the tree is dead. The tree has not been identified as a hazardous tree by the project arborist as it does not present an immediate danger to people or existing structures. The tree is located on a 32 -acre open space site. There are no trails or buildings located beneath the tree, and therefore, the tree does not pose a hazard to people or structures. The tree is requested for removal because it is a dead tree only. Arborist reports and tree hazard evaluation forms are not required for dead trees. The project arborist only needs to certify that the tree is dead, which has been done. • 52" dead Valley Oak proposed to be removed • Located in cluster of oaks on Open Space parcel at The Lakes ITEM NUMBER: 2 DATE: 3-17-09 Tree Mitigation Tree Removal Permit fees are not required for the removal of dead or diseased trees. The regular fee for a Tree Removal Permit which requires Planning Commission hearing is $755. The fee has been waived for the subject application. The Atascadero Municipal Code requires mitigation for all trees approved for removal, including dead trees. AMC Section 9-11.105 identifies specific conditions of approval which are required with the approval of a tree removal. Planning Commission can approve one or more of the following conditions as mitigation: AMC Section 9-11.105: Tree removal permits shall be conditioned by one or more of the following methods: (i) Depending on the characteristics of the site the applicant may plant replacement trees on site. This method shall include payment in advance for three (3) site inspections during a four (4) year establishment period; (ii) Payment of fee to the Tree Replacement Fund; (iii) Establishment of conservation easements, which will restrict removal of any tree within a designated area of the property. (Ord. 350 § 2 (part), 1998) In accordance with Section 9-11.105 of the Atascadero Native Tree Ordinance, staff has included a condition in the attached resolution which requires either replanting or payment of fees to the tree fund. The applicant shall either replant 17, five -gallon native trees on the 32 acre open space site, or make a mitigation payment of $866.67 into the tree fund, or combination thereof. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 1 52 2 2 3 3 15 15 Total 0 -inches Total 52 -inches 52 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements 17 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees 24") Remaining Mtigation 0 five gal trees Rerraining Mitigation 17 five gal trees 17 five gal trees 1 Tree Fund Payment: $ - Tree Fund Payment: $ m 866.67 � $ 866.67 I ITEM NUMBER: 2 DATE: 3-17-09 FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. CONCLUSIONS: A certified arborist has determined that the subject 52 -inch DBH Valley Oak tree is dead. Based on the arborist evaluation and above analysis, findings can be made to approve the requested removal, subject to the required mitigation. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 —Aerial Photo Attachment 3 —Draft Resolution PC 2009-0011 ITEM NUMBER DATE: 3-17-09 ATTACHMENT 1: Location Map (Zoning Map) PLN 2009-1319 / TRP 2009-0129 Open Space at The Lakes development APN 049-031-070 ITEM NUMBER: 2 DATE: 3-17-09 ATTACHMENT 2: Aerial Photo PLN 2009-1319 / TRP 2009-0129 Open Space at The Lakes development APN 049-031-070 ITEM NUMBER: 2 DATE: 3-17-09 ATTACHMENT 3: Draft Resolution PC 2009-0011 PLN 2009-1319 / TRP 2009-0129 DRAFT RESOLUTION NO. PC 2009-0011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2009-1319 / TRP 2009-0129, TO ALLOW THE REMOVAL OF ONE (1) DEAD VALLEY OAK TOTALING 52 INCHES DBH LOCATED ON THE LAKES OPEN SPACE AT APN 049-031-070 (THE LAKES HOA / CHISUM) WHEREAS, an application was received from The Lakes of Atascadero HOA, c/o Mark IV Property Management, 5735 El Camino Real #H, Atascadero, CA 93422, (Property Owner) and Clay Chisum, 3281 Via del Sueno, Atascadero, CA 93422 (Applicant), for a Tree Removal Permit to remove one (1) dead Valley Oak totaling 52 inches DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on March 17, 2009, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: ■ The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 17, 2009, resolved to approve Tree Removal Permit 2009- 0129, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Chart ITEM NUMBER: 2 DATE: 3-17-09 On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2009-1319 / TRP 2009-0129 ITEM NUMBER DATE: 3-17-09 Conditions of Approval Timing Responsibility /Monitoring PLN 2009-1319 / TRP 2009-0129 FM; Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department Open Space at The Lakes development APN 049-031-070 TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of Tree removal PS the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. 3. The applicant shall pay $866.67 into the tree mitigation fund or replant Tree removal PS seventeen (17), 5 -gallon native trees on-site, or combination of fees and replanting. Mitigation shall be paid prior to removal of the tree. ITEM NUMBER DATE: 3-17-09 EXHIBIT B: Tree Mitigation Chart Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 1 52 2 2 3 3 15 15 Total 0 -inches Total 52 -inches 52 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements 17 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees 24") Remaining Mitigation 0 five gal trees Remaining Mitigation 17 five gal trees 17 five gal trees I Tree Fund Payment: m $ Tree Fund Payment: $ 866.67 � $ 866.67 t ITEM NUMBER: 3 DATE: 3/17/09 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctay/or@atascadero.org PLN 2008-1293 Amendment to Conditional Use Permit 1989-003 Expansion of Existing Church 5400 San Anselmo (True Spirit Missionary Baptist Church / Haynes) SUBJECT: The proposed project consists of an application to amend the Master Plan of Development (CUP 1989-003) for True Spirit Missionary Baptist Church to allow a 1,364± sq. ft. addition to the existing building. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2009-0012 approving PLN 2008-1293, an amendment to Conditional Use Permit 1989-003, based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Property Owner: Rev. Verne Haynes, 2012 Park St., Paso Robles, CA 93446 2. Applicant: True Spirit Missionary Baptist Church 5400 San Anselmo, Atascadero, CA 93422 3. Project Address: 5400 San Anselmo, Atascadero, CA 93422 (San Luis Obispo County) 049-163-051 4. General Plan Designation: SFR -Y (Single -Family Residential - Y) 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status DISCUSSION: Project Definition ITEM NUMBER: DATE: RSF-Y (Residential Single -Family —Y ) 0.86 acres True Spirit Missionary Baptist Church Class 1 Categorical Exemption 3/17/09 The proposed project includes the expansion and remodel of the existing church facility for True Spirit Missionary Baptist Church. A 1,364± square -foot addition is proposed to be attached to the existing structure. Surroundina Land Use and Settin North: Single -Family Residential -Y South: EI Camino Real, General Commercial, Single -Family residential -Y East: Single -Family Residential -X West: General Commercial ITEM NUMBER: 3 DATE: 3/17/09 Background Conditional Use Permit 1989-003 was approved by Planning Commission on June 6, 1989 for the operation of the existing church. The original single-family residence on the site was converted into a church with an open meeting area, offices, restrooms, and storage areas. Churches are conditional uses in the residential zones, and therefore, the 1989 staff report analyzed issues such as neighborhood compatibility, access, traffic, and parking to ensure that the proposed use was appropriate for the site. The site is located on an arterial road (San Anselmo), close to EI Camino Real. In 1989, San Anselmo was zoned Residential Suburban and was not located within the Urban Services Line. The church was approved with 22 parking spaces (more than required by code) and a landscaped parking lot. Churches are considered a high turnover use, and therefore paving of the parking areas is required by the Municipal Code. The Planning Commission approved an exception for this project to allow a gravel parking lot surface without concrete curbs in order to maintain the residential appearance of the neighborhood. In addition, the Zoning Ordinance requirement for a six-foot fence around the perimeter of the parking lot was waived by Planning Commission. A three- foot high fence and shade trees were required instead. In order to respond to neighbors concerns about potential impacts from the new church, the Planning Commission included conditions to limit the days and hours of operation of the church (see exhibit 6: original project conditions). Days of operation are restricted to Wednesdays and Sundays for services only. Incidental use of the church is allowed on other days of the week. The hours of operation are limited to 8:00 am to 9:00 pm. No caretakers are allowed to live on the premises. Parking for the church is limited to on- site parking only. The curbs in front of the church are painted red and green (no parking and drop off only) to prevent on -street parking. A sunset clause was included in the resolution which stated the Conditional Use Permit would expire after three years, unless extended by the Planning Commission. Note: recent court decisions have determined that expiration time limits for CUP's cannot be enforced. An appeal of the Planning Commission's 1989 approval was submitted by a neighbor of the project and heard by the City Council on July 11, 1989. The appellant stated concerns about traffic on San Anselmo, the waiver of the six-foot fence and parking lot pavement, and the social services at the church. The City Council upheld the Planning Commission's approval of the project. In July of 1992, the Planning Commission approved an extension of Conditional Use Permit 1989-003, and removed the sunset clause for the church, allowing the use to remain without a time limit for expiration. Since the original approval, the zoning designation of the site has been changed to Residential Single-Family—Y. The property has been included within the Urban Services Line and the church has been connected to City sewer. Frontage ITEM NUMBER: 3 DATE: 3/17/09 improvements have been installed along the property frontage, including curb, gutter, and sidewalk, consistent with the General Plan. Analysis �J I Tit 9 C G T I V N • A' .y WO , J � tlrer �\ r?� •Ilw wary S / • CCl/Y1T/ �.� 11R� ���j'.�.^-'NWS' � J•� � �•w�M{n •1Wq' O '�L jJ /off � ! _ .K } _� I+� __ \ �I •p�3• -77`� t �yy� �� A I• �"' �--. \�`rwiu.ik+s.I1e1 � „a,cl � • •�a,, Parking lot proposed to remain i s is \ •. \C / i \ The applicant has submitted an Amendment to modify the Master Plan of Development of the original CUP to allow an addition to the existing building. The existing church (converted from a single-family residence in 1989) includes approximately 1,200 square feet of conditioned space (offices, seating area, library, and restroom). A 400 square - foot detached storage area (previously the garage to the SFR) is attached to the main structure by an open breezeway. The applicant is proposing to add approximately 1,200 square feet to the structure for a new sanctuary. The existing breezeway is proposed to be enclosed and the existing storage room would be converted to a fellowship room. Additional storage area is proposed to be added to the back of the building. The proposal includes a total of 1,364± square feet of added square footage in addition to the enclosed breezeway and converted storage space, bringing the total size ITEM NUMBER: 3 DATE: 3/17/09 of the structure to 3,144± square feet. The interior spaces would be remodeled to allow for new restrooms, offices, storage, fellowship, and sanctuary spaces. The exterior of the structure would be completely remodeled with architectural details consistent with a traditional church form. The pitch of the roof would be increased, and a steeple is proposed at 37 feet in height. Uninhabited structures (such as flag poles, antennas, and steeples) are allowed to be a maximum of 50 feet in height per Municipal Code standards, and therefore, the proposed steeple is consistent with the AMC requirements. A new covered porch entry would be added to the front of the building. Well proportioned gridded windows enhance the elevations. The church is proposed with light grey horizontal siding, white windows and trim, and a charcoal grey metal roof. These traditional colors will be neutral and will blend with the neighborhood. The building has been designed to meet the standards of Atascadero's appearance review manual. A new detention basin is proposed at the back of the parking lot to accommodate the additional building square footage. The project has been conditioned to meet all standard building code requirements, including conformance with California disabled access standards. No new signage is proposed with the amendment. The facility will retain the current vehicular entrance off of San Anselmo. The applicant is proposing to leave the existing parking lot as is. The existing parking lot includes 22 parking spaces, which meets the parking requirements of the Atascadero Municipal Code for the size sanctuary proposed. The original 1989 approval waived the requirement for paving in the parking lot and a gravel surface was installed instead. In addition, the standard requirement for a six-foot perimeter fence around the parking lot was waived. An open split rail fence is currently in place. The applicant has provided a petition signed by the two adjacent neighbors on San Anselmo and the neighbor across the street, stating that the neighbors feel the existing fence is sufficient (see attachment 4). The Planning Commission may choose to approve the applicant's request and not require any additional upgrades to the parking lot, or the Commission could require the parking lot to be brought up to the current standards of the Atascadero Municipal Code with approval of the addition and remodel. Current standards require asphalt or concrete paving and curbs, six-foot wide landscape planters every eight spaces, and a six-foot perimeter fence. A condition would need to be added to the attached resolution ITEM NUMBER: 3 DATE: 3/17/09 to require the parking lot to be brought to current standards. A condition has been included in the attached resolution which requires an updated landscape plan to be submitted with building permits. The landscape plan shall identify drought tolerant native plants and minimized turf areas. A landscape buffer shall be maintained along the parking lot to screen the cars from the adjacent lot. The applicant has requested two changes to condition #3 of the 1989 Conditional Use Permit approval. The applicant has requested that the days of operation be modified to allow daily use for services. The 1989 condition restricts services to Wednesdays and Sundays, with incidental use of the church allowed on other days of the week. Staff is recommending approval of this change and has removed this original condition in the attached resolution, however, the Planning Commission may choose to add the condition back in if there are concerns regarding the impact of daily services on the neighborhood. The second part of the applicant's request is to remove the condition which restricts parking to on-site only. The applicant is proposing to remove the red and green painted curbs to allow for on -street parking. As previously stated, the existing parking lot meets the Municipal Code requirements for required on-site parking. However, the applicant would like the additional on -street parking to be available if needed. Public Works staff has concerns about allowing on -street parking. The traffic speeds and road width on San Anselmo do not allow for safe on -street parking. In addition, parking on the street would cause a sight distance problem for cars turning left and right onto San Anselmo. The condition which restricts street frontage parking has been left in the attached resolution per Public Works recommendation. Findings The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following findings to approve the Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The proposed use is consistent with the Residential Single-family designation of the General Plan and General Plan Land Use Element. The structure has been designed to meet the appearance review manual standards. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). ITEM NUMBER: 3 DATE: 3/17/09 Staff Comment: The existing church was approved as a Conditional Use in 1989. An amendment is required to make any changes to an approved Conditional Use and Master Plan of Development. The original project approval waived some of the parking lot construction standards due to the residential nature of the surrounding neighborhood. The applicant is proposing to not make any changes to the originally approved parking lot. With the exception of the parking lot, the project satisfies all current Conditional Use Permit and zoning code provisions. 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 development 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 is consistent with the surrounding neighborhood uses and existing site improvements. 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 proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. 6. The characteristics of the proposed use and its immediate vicinity do not necessitate the type of parking lot design required by the zoning ordinance, specifically the required fencing and surface materials for parking lot construction. Staff Comment: This finding was made with the original project approval in 1989. While the site is located very close to EI Camino Real, it is within a residential zoning district, and is bordered on all sides by residential uses. Staff believes that the parking lot, as originally installed, is adequate to serve the new addition. 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 ITEM NUMBER: 3 DATE: 3/17/09 A Negative Declaration was prepared and certified for the use of the site as a church facility in 1989. The 1989 Negative declaration determined that there would be no detrimental impacts as a result of the new conditional use. The current project addition and remodel qualifies for Class 1 Categorical Exemption. Class 1(e) of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts additions to existing structures, provided that the addition will not result in an increase of more than 10,000 square feet, the addition is not located in an environmentally sensitive area, and the project is served by public services and facilities. The proposed project meets all of the requirements for a Class 1 Exemption. Conclusion The proposed project includes a Master Plan of Development amendment in order to add a 1,364± square -foot addition to an existing church facility. The addition and remodel are consistent with the appearance review manual and will enhance the appearance of the site. The applicant is proposing that no changes be made to the existing parking lot on-site. The applicant is also requesting changes to the original 1989 Conditions of Approval in order to remove the no on -street parking requirement and remove the limitation which currently allows service to be held only on Wednesdays and Sundays. Staff supports the request to leave the parking lot as is, and to remove the condition which limits the days of operation. Staff has left the condition for on-site parking only in the attached resolution per Public Works recommendation. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES 1. The Commission may approve 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 Commission shall specify the reasons for denial of the project and make an associated finding with such action. ITEM NUMBER DATE: 3/17/09 ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Aerial Photo Attachment 3: Site Pictures Attachment 4: Applicant Letter Attachment 5: Class 1, Categorical Exemption Attachment 6: CUP 89-003 Original Conditions Attachment 7: Draft Resolution PC 2009-0012 ITEM NUMBER: DATE: 3/17/09 Attachment 1: Location Map, General Plan and Zoning Surrounding Land Use and Setting: North: Single -Family Residential -Y South: EI Camino Real, General Commercial, Single -Family residential -Y East: Single -Family Residential -X West: General Commercial Attachment 2: Aerial Photo ITEM NUMBER: 3 DATE: 3/17/09 Project Site: 5400 San Anselmo o 1 / 1 Jf jot ITEM NUMBER: 3 DATE: 3/17/09 Attachment 3: Site Pictures Existing Parking Lot Existing Church Facility ITEM NUMBER: 3 DATE: 3/17/09 Attachment 4: Applicants Letter A, �j Ephesians 1:4? L ✓I 4" yy alftJal, 6&' cX YPIYl"4v" December 15, 2008 City of Atascadero Planning Commission Dear Commission: ERECEIVED JAN 1 2009 COMMUNITY 6ELQPVM £ NT Please find attached a petition signed by the concerned parties on San :knsehno Road regarding your request to upgrade the fencing surrounding our properties. All parties concerned feel that the current fencing is sufficient. We are asking that you take this into consideration during your decision -malting process. Tbank you. Sincerely, Vem H. Haynes Pastor 5400 San Anselmo . Atascadero, California 93423 . Church 461-4870 . Res. 238-4850 E-mail: truesgirt5400cuisbcglubal.net ITEM NUMBER DATE: 3/17/09 Attachment 4: Applicants Letter Ephesians 1:4? t.4/` `�P1YfiJu -�tG December 3, 2008 Dear Neighbors: The City of Atascadero is requesting additional fencing to our adjoining, surrounding property areas. Please respond to the below questions: 1. True Spirit M.B. Church 5400 San Anselmo Road Print Name Address i= Current Fence is Sufficient 1 = Fence Needs Additions & 1 Share in the Financial Responsibility of Upgrading Signature: ated:-c�m%ef+7C7b 2.e� s►� Print Name Address = Current Fence is Sufficient = Fence Needs Additions & 1 Will Share in the Financial Responsibility of Upgrading Signature: Dated; I� b Pnnt Na Address —;I= Current Fence is Sufficient I 1 = Fence Needs.Additions & 1 Will Share in the Financial Responsibility of Upgrading Dated: / 7i 3 - 42' � Print N, . 1 d rens ] V1 SC}1) e 1 Current Fence s uf)cient = Fence Needs ditions & 1 Will Share in the Financial Responsibility of Upgrading Signature. _ r 1f7 ted _� 5400 San Anselmo • Ataseadero, California 93423 . Church 461-4870 . Res -238-4850 E-mail: truespirtsgoo[a)sbcglobal.net ITEM NUMBER DATE: 3/17/09 Attachment 4: Applicants Letter Exhibit G- conditions of Approval Conditional use Permit 03-89 3 -The operation of the church is limited to the Hollowing: (a) We are requesting that the operation be modified fro Wednesday and Sunday usage for services only to allow daily use for services. (b) Parking restriction be removed ,and allow parking along the property frontage street (omit red and ,green painted curb) Pastor Vern 11. Haynes Attachment 5: Class 1, Categorical Exemption ITEM NUMBER: 3 DATE: 3/17/09 CITY Off' ATASCADERO NOTICE OF EXEMPTION 6907 El Carron Real Atascadero, CA 93422 805.461,50GO TOZ File FROM: Callie Taylor, Associate Planner City of Atascadero 6907 El Canvno Real Atascadero, CA 93422 Date Received for Filing /q/C, C-( SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2008-1293; Amendment to CUP 1989-003; Addition to Church Facility Project Location: 5400 San Anselmo, Atascadero, CA 93422 APN 049-163-051 Project Description: Conditional Use Permit Amendment to allow a remodel and 1364 square foot addition to an existing church facility Name of Public Agmey AgencyApproving Project: City of Atascadero Name of Person or Agency Carrying Out Project: True Spirit Missionary Baptist Church & Rev. Verne Haynes, 5400 San Anselmo, Atascadero, CA 93422 Exempt Status: ❑ Mini mrial (Sec. 15 073) ❑ Emergency Project (Sec. 1547 (b) and (e)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15461.e) Categorically Exempt (Sec. 1530*)) Reasons why project is exemQ: Class 1(e) of the California Environmental Quality Act (CEQA) (Section t5301, Existing Facilities) exempts additions to existing structures, provided that the addition will not result in an increase of more than 10,000 square feet, the additional is not located in an environmentally sensitive area, and the project is served by public services and facilities. Contact Person: Callie Taylor, City of Atascadero (805) 470-3448 Date: March 9, 2049 r �G-u Callie Taylor Associate Planner ITEM NUMBER: 3 DATE: 3/17/09 Attachment 6: CUP 89-003 Original Conditions EXHIBIT G - Conditions of Approval Conditional Use Permit 03-89 5400 San Anselmo Rd. (Haynes/Gilman) Revised by the Planning Commission July 21, 1992 CONDITIONS OF APPROVAL,: 1. Project development shall be in conformance with Exhibits B (site plan), C (floor plan), G (conditions of approval), and all other codes and ordinances of the City of Atascadero. Any modification to this approval shall be approved by the Community Development Department prior to implementing any changes. 2. All Uniform Fire Code and Uniform Building Code requirements shall be met to the satisfaction of the City Fire Marshall and Chief Building Inspector prior to occupancy. This shall include, but not be limited to: a. The upgrade of the fire hydrant at San Anselmo Rd. and Lobos Ave. to City standard. b. Energy calculations, panic hardware, and fire resistance, as determined by the Chief Building Inspector. 3. The operation of the church is limited to the following: a. Days of operation - Wednesday and Sunday for services only. Incidental use of the church for counseling or small social service functions is allowed on other days of the week. b. Hours of operation - Limited to 8:00 a.m. to 9:00 p.m. C. Parking is restricted to on-site parking only with "no parking" restrictions along along the property frontage. d. No caretakers will be allowed to live on the premises. 4. An engineered grading and drainage plan shall require approval from the Community Development and Public Works Departments, prior to issuance of building pez-mits. These shall address the increased runoff and necessary frontage drainage improvements. A drop inlet shall be installed at the culvert and the culvert extended beyond the right-of- way. ITEM NUMBER: 3 DATE: 3/17/09 Attachment 6: CUP 89-003 Original Conditions 5. Road improvement plans shall require approval from the Public Works Department, prior to issuance of building permits. These shall include the widening of the pavement on San Anselmo Rd. to twenty (20) feet from centerline and installation of curb, gutter, and sidewalk along the property frontage. 6. Landscape plans shall require approval from the Community Development Department, prior to the issuance of building permits. These plans shall include fencing of the property perimeter and shade trees at 30 foot intervals in the parking lot. 7. The design of the parking lot is approved as shown in Exhibit B, with the exception of the following: a. A rolled asphalt berm, or functional equivalent, must be provided to separate the landscaped area from the parking lot. b. Parking area must be relocated to provide a twenty-five foot front setback and a five foot side setback. 8. This Conditional Use Permit shall expire one year from the date of final approval unless all conditions are satisfied and the project shows substantial progress, or unless a time extension has been granted pursuant to a written request prior to the expiration date. ITEM NUMBER: 3 DATE: 3/17/09 ATTACHMENT 7: Draft Resolution PC 2009-0012 DRAFT RESOLUTION PC 2009-0012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2008-1293, AN AMENDMENT TO CONDITIONAL USE PERMIT 1989-003 5400 SAN ANSELMO (APN 049-163-051) (True Spirit Missionary Baptist Church / Haynes) WHEREAS, an application has been received from True Spirit Missionary Baptist Church, 5400 San Anselmo, Atascadero, CA 93422, (Applicant), and Rev. Verne Haynes, 2012 Park St., Paso Robles, CA 93446, (Property Owner), to consider a project consisting of an Amendment to Conditional Use permit 1989-003 to allow an addition to the existing Church facility at 5400 San Anselmo; and, WHEREAS, the site's General Plan Designation is Single -Family Residential -Y (SFR - Y); and, WHEREAS, the site's current zoning district is Residential Single -Family (RSF-Y); and, WHEREAS, an Amendment to Conditional Use Permit 1989-003 is required to allow any changes to the approved conditional use and Master Plan of Development on the project site; and, WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301. Existing Facilities; 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 Amendment 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 Conditional Use Permit Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 17, 2009, studied and considered the Conditional Use Permit Amendment (PLN 2008-1293), and, ITEM NUMBER: 3 DATE: 3/17/09 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 1, Section 15301 of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit. 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. 6. The characteristics of the proposed use and its immediate vicinity do not necessitate the type of parking lot design required by the zoning ordinance, specifically the required fencing and surface materials for parking lot construction. ITEM NUMBER: 3 DATE: 3/17/09 SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 17, 2009, resolved to approve PLN 2008-1293, an amendment to Conditional Use Permit 1989-003, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Master Plan of Development/Site Plan EXHIBIT C: Floor Plan EXHIBIT D: Elevations EXHIBIT E: Color Board 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: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 3/17/09 EXHIBIT A: Conditions of Approval Master Plan of Development Amendment (CUP 1989-003) PLN 2008-1293 Conditions of Approval / Timing Responsibility /Monitoring FM: Final Map PS: Planning Services BL: Business License BS: Building Services True Spirit MissionaryBaptist Church GP: Grading Permit FD: Fire Department Master Plan of Development Amendment BP: Building Permit FI: Finallnspection PD: Police Department CE: City Engineer CUP 1989-003 Amendment (PLN 2008-1293) TO: Temporary Occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Planning Services 1. This conditional use permit shall be for a Master Plan of Development for a church Ongoing PS facility located on parcel APN 049-163-051 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. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months after BP PS 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 and/or subsequent owners shall defend, indemnify, and hold On going PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. 6. All exterior elevations, finish materials, and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBITS B, C, D, and E subject to the following: • All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. • All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; • Any exterior light fixtures shall be compatible with building design, subject to staff approval. 7. All site uses, structures, grading, and site improvements shall be consistent with BP PS, BS, CE the Master Plan of Development as shown in EXHIBIT B. The maximum size of the church building shall be 3,144± square feet. ITEM NUMBER: DATE: 3/17/09 Conditions of Approval / Timing Responsibility /Monitoring FM: Final Map PS: Planning Services BL: Business License BS. Building Services True Spirit MissionaryBaptist Church GP: Grading Permit FD: Fire Department Master Plan of Development Amendment BP: Building Permit FI: Final inspection PD: Police Department CE: City Engineer CUP 1989-003 Amendment (PLN 2008-1293) TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 8. A final landscape and irrigation plan shall be approved by the Community BP PS, BS Development Department prior to the issuance of building permits. The landscape plan shall include the following: • All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. • Plant species shall be drought tolerant native species, designed to compliment the site buildings. • Turf areas shall be minimized and installed only for use in gathering areas and play areas. • A landscape screen shall be maintained along the parking lot to screen the cars from the adjacent lot. The existing shade trees shall be maintained at 30' intervals throughout the parking lot. 9. The operation for the church is limited to the following: Ongoing PS • Hours of operation — Limited to 8:00 am to 9:00 pm • Parking is restricted to on-site parking only with red curbs or green (drop-off only) curbs painted along the property frontage. • No caretakers shall be allowed to live on the premises 10. The parking lot and perimeter fencing shall be allowed to remain as currently BP PS installed, as identified on the site plan (Exhibit B). Building Services 11. The site plan and floor plan shall comply with all building code requirements, BP BS including California accessibility standards. Public Works / City Engineer Project Conditions 12. Prior to issuance of a building permit, the applicant shall provide a public access BP CE easement for that portion of the sidewalk to be located on private property at the driveway approach. City Engineer Standard Conditions 13. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 14. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. ITEM NUMBER: DATE: 3/17/09 Conditions of Approval / Timing Responsibility /Monitoring FM: Final Map PS: Planning Services BL: Business License B&. Building Services True Spirit MissionaryBaptist Church GP: Grading Permit FD: Fire Department Master Plan of Development Amendment BP: Building Permit FI: Final inspection PD: Police Department CE: City Engineer CUP 1989-003 Amendment (PLN 2008-1293) TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 15. Prior to the issuance of building permits the applicant shall submit calculations to GP, BP CE support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 16. Prior to the issuance of building permits the applicant shall provide for the GP, BP CE detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 17. Drainage basins shall be designed to desilt, detain and meter storm flows as well GP, BP CE as release them to natural runoff locations. 18. Prior to the issuance of building permits the applicant shall show the method of GP, BP CE dispersal at all pipe outlets. Include specifications for size & type. 19. Concentrated drainage from off-site areas shall be conveyed across the project GP, BP CE site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 20. All public improvements shall be constructed in conformance with the City of GP, BP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 21. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 22. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement BP CE fees (if applicable) upon issuance of building permit. ITEM NUMBER: 3 DATE: 3/17/09 EXHIBIT B: Master Plan of Development/Site Plan -11 i S Tyv oRvsnv wvs r iii HounN0 1SLLdW8 Abd NOISSIM f �} EIVED 7 2009DE4cLOPMENT a 3 i Ell - ti v i /I 14 - I _ 4 Z ITEM NUMBER: 3 DATE: 3/17/09 EXHIBIT C: Floor Plan r S� m8 gg it 'r� '0�3Ur35rir ��77 r R o ! s i•I�' -3nr O.-M.WS 00" 3 � r` num size structure: �± square ITEM NUMBER: 3 DATE: 3/17/09 EXHIBIT D: Elevations p— !j¢} i < �k k 1eQ I�:i¢ !„I •veaurrasrar 3nr arrr WW"WS OOr4 HOUAHO 1SLLdd8 J NVHO1SSIW i - 3� I C {g. a°s 01 .. 4 61 r �I I ltl Q a lrl . I I lu F Pf��`• 0 s fit 1191, p'aa3 -CIjI 4 QL7E�3C7E�E7 I- � a W UJ p O J L a � H cn ITEM NUMBER: 3 DATE: 3/17/09 EXHIBIT D: Elevations I S 1 ,3 V 4YVl-LTw NYS 00+9 HoNnHO 1SI1dVEI ANVNGISSIV9 e W _` - Q 2 a9 a£lt w $ ���il, J WS "T�- 1111710 EXHIBIT E: Color Board ITEM NUMBER: 3 DATE: 3/17/09 MISSIONARY BAPTIST CHURCH 5400 SAN ANSELMO AVE. ATASCADERO, CA RECEIVED I mMMUP!TY DE` ELOPMENT METAL ROOFING Charcoal Grey TRIM / WINDOW5 White 51DING Light Grey T J WEBER / ARCHITECT P 0 BOX 149 PA50 R013LE5, CA 805-238-4711