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HomeMy WebLinkAboutPC_2009-07-21_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, July 21, 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.) City of Atascadero Planning Commission Agenda Regular Meeting, July 21, 2009 Page 2of4 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 2, 2009. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2009-1332, VARIANCE FOR 6205 MARCHANT AVE. Property Jack R. Bridwell, 6205 Marchant Ave., Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2009-1332 / Variance 2009-0015 Project Location: 6205 Marchant Ave., Atascadero, CA 93422 APN 030-222-032 (San Luis Obispo County) Project Description: Variance for front yard setback for an existing residence. The residence was converted into a multi -family dwelling containing 4 units without permits. The applicant is applying for permits to legalize the units, and must receive a variance for the existing non -conforming setback as the creation of 3 additional units is considered an expansion of use. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi -Family (RMF -10) Proposed Exempt per Section 15305: Minor Modification to Land Use Limitations. Environmental Determination: City of Atascadero Planning Commission Agenda COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, July 21, 2009 Page 3 of 4 The next regular meeting of the Planning Commission is scheduled for August 4, 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, July 21, 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 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: 1 DATE: 7-21-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, June 2, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, Sturtevant and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Senior Planner Kelly Gleason, Associate Planner Callie Taylor, and Deputy Public Works Director David Athey. APPROVAL OF AGENDA MOTION: By Commissioner Moreno and seconded by Commissioner Bentz to approve the agenda. Motion passed 7.0 by a roll -call vote. PC Draft Minutes of 06/02/09 Page 1 of 5 PUBLIC COMMENT - None PLANNING COMMISSION BUSINESS - None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 5. 2009. MOTION: By Commissioner Bentz and seconded by Commissioner Sturtevant to approve the Consent Calendar. Motion passed 7.0 by a roll -call vote. PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: • No Ex Parte communications. PC Draft Minutes of 06/02/09 Page 2 of 5 2. PLN 2009-0012, AMENDMENT TO CONDITIONAL USE PERMIT 2002-0082, THE COLONY AT APPLE VALLY, 2215 SAN RAMON ROAD Property Colony Investments, LLC, 7305 Morro Road, Suite 200, Atascadero, CA 93422 Owner/Applicant: Project Title: Amendment to Conditional Use Permit 2002-0082, The Colony at Apple Valley Project Location: 2215 San Ramon Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-193-033 Project The proposed project includes an amendment to replace the currently approved 2289 Description: plan type with 2630 plan on lot 55 due to site layout conflict. General Plan Designation: SFR -Y Zoning District: RSF-Y/PD-19 Proposed Consistent with previously certified Mitigated Negative Declaration. Environmental Determination: Senior Planner Kelly Gleason gave the staff report. There were no questions from the Commission. PUBLIC COMMENT: None. Chairperson Jack closed the Public Comment period. MOTION: By Vice Chairperson Moreno and seconded by Commissioner Sturtevant to: 1. Adopt Resolution PC 2009-0022 approving an amendment to CUP 2002-0082 to allow an alternate model on lot 55 due to plan lot configuration conflict. Motion passed 7.0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2007-1183, FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM Deputy Director of Public Works Engineering, David Athey gave the staff report and answered questions of the Planning Commissioners. He referred to an updated plan which was distributed to the Commissioners (Exhibit A). PC Draft Minutes of 06/02/09 Page 3 of 5 Commissioner Bentz asked if City could provide the Planning Commission a copy of the City's budget. Community Development Director Warren Frace stated that the current budget is available online. The new budget will be available online tomorrow with the next Council agenda. PUBLIC COMMENT: None. Chairperson Jack closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to: 1. Adopt Resolution PC 2009-0023 notifying the City Council that the Planning Commission finds that the 2009 Update to the 2007 Five-year Capital Improvement Plan is consistent with the General Plan, including the PLN 2007-1183 update that was submitted (Exhibit A). Motion passed 7.0 by a roll -call vote. 4. PLN 2009-1331, BOUTIQUE EVENTS AND ZONING CODE ORDINANCE i ipnATF-q Community Development Director Warren Frace explained that the Council, through their Strategic Planning, has asked staff to look into Special Events/Boutique Events and updating the Zoning Ordinance. Tonight's meeting will just be overview for the Commission. Associate Planner Callie Taylor gave an overview of the Zoning Code, Planning and Zoning Ordinance, and answered questions of the Commissioners. Senior Planner Kelly Gleason gave an overview of Boutique/Special events, and answered questions of the Commissioners. There will be a public workshop on June 18, 2009, at City Hall. Phase I will consist of some draft code text coming before the Planning Commission, and then to City Council by late summer. Phase II will take place in late 2009, and will follow the same steps. PUBLIC COMMENT: David Broadwater cautioned that events like this have a potential to increase income for the City, but also have the potential for affecting neighborhoods. He feels the decision not to televise this workshop should be made by the City Council or the City Manager's office. Chairperson Jack closed the Public Comment period. PC Draft Minutes of 06/02/09 Page 4 of 5 The Commission agreed that there was no need to televise the public workshop on June 18, 2009, however, it was agreed that Commissioners Bentz, Schmidt, and Ward will attend, so there will not be a quorum. Community Development Director Warren Frace asked those Commissioners not to participate in any functions, but to just listen. He also advised that anything they hear should not impact their decisions later when they vote on the project. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt congratulated Vice Chairperson Moreno on how she conducted the last meeting when Chairperson Jack was absent. DIRECTOR'S REPORT • The next meeting is June 16, 2009, at 6:00 p.m. The Commission will then reassemble at 7:00 p.m. for a Joint City Council/Planning Commission Meeting on the Housing Element Update. • There is a 5th Tuesday in June with no meetings currently scheduled. • Wal-Mart Update: The City Council has authorized Michael Brandman Associates to prepare the Environmental Impact Report. ADJOURNMENT - 8:43 p.m. The next regular meeting of the Planning Commission is scheduled for June 16, 2009, 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 — Memo from David Athey, Updated 5 -Year CIP Update PC Draft Minutes of 06/02/09 Page 5 of 5 ITEM NUMBER: E DATE: 7-21-09 Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleasonCa)atascadero.org PLN 2009-1332/ VAR 2009-0015 Variance for Front Yard Setback Reduction 6205 Marchant Avenue (Bridwell) 6*�Jl*011 The proposed project consists of an application to reduce the front yard setback from the required 25 feet to 15 feet. RECOMMENDATION: Staff recommends Planning Commission approve Resolution PC 2009-0025 approving PLN 2009-1332, allowing a front yard setback variance for an existing residence, based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Owner/ Applicant: Jack Bridwell, 6205 Marchant Ave. Atascadero, CA 93422 2. Project Location: 6205 Marchant Ave., Atascadero, CA 93422 APN 030-222-032 3. General Plan Designation: Medium Density Residential (MDR) 4. Zoning District: Residential Multi -Family (RMF -10) 5. Site Area: Approximately 0.37 acres 6. Existing Use: One single-family residence 7. Environmental Status: Class 5 Categorical Exemption, Minor Alterations in Land Use Limitations DISCUSSION: The single-family residence on the subject property was converted to a multi -family dwelling containing four (4) units without permits. A building permit was submitted in April 2009 to legalize the converted residence, and bring the site into conformance with existing multi -family site design requirements. During plan check, staff determined the existing residence was located within the required 25 foot front yard setback. A variance to reduce the front yard setback from the required 25 feet to 15 feet has been requested by the applicant as part of the City requirement to bring the site into conformance with existing codes. ANALYSIS: Based on staff's preliminary research, it appears that many of the residences on Marchant Ave. are built within the 25 foot front yard setbacks. Marchant Ave. has a 50 -foot right-of-way; however, the road is not paved to its full width. It appears when the original structures were constructed along Marchant Ave., it was assumed that the edge of pavement was the edge of the right-of-way. The single-family residence is considered a legal non -conforming structure because it does not meet the current setbacks but was permitted to be constructed in its current location. An application to convert the residence into four units is considered an alteration and expansion of the existing use. Thus, Atascadero Municipal Code Section 9-7.108 (Non -conforming Structures) requires a nonconforming structure to be brought into conformance with existing regulations once the use is expanded. Since the structure is existing, a variance must be received to allow the non- conforming setback. The residence will maintain the existing 15 foot front yard setback from the right-of-way. No additional square -footage is proposed at this time. Findings \/a ria n( -.P In order to approve an exception to the Development Standards contained in the Zoning Ordinance, the Planning Commission must make the following findings: The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district, and 3. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and 4. The granting of such a Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. Environmental Determination The project qualifies for a Class 5 Categorical Exemption in accordance with the California Environmental Quality Act. A Class 5 Exemption (Section 15305(a)) includes minor changes in land use limitations, including setback variances. CONCLUSION: The proposed project is a request to reduce the front yard setback on a residential lot for the expansion in use of the structure from one unit to four residential units. The existing residence is located 15 feet from the edge of the right-of-way and no additional square -footage is proposed at this time. The remainder of the site will be brought into conformance with current zoning ordinance requirements through the building permit review process. The Planning Commission must find that the project meets the required findings for a Variance in order to approve the reduced front setback. Staff recommends that the Planning Commission approve the Variance request as proposed. ALTERNATIVES: 1. The Commission may recommend 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 should specify the reasons for denial of the project and make an associated finding with such action. If the variance is denied, the structure must be converted back to its permitted state as a single-family residence. ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Aerial Photo Attachment 3: Site Photos Attachment 4: Categorical Exemption Attachment 5: Draft Resolution 2008-0025 Attachment 1: Location Map, General Plan and Zoning 6205 Marchant Ave. Project Site General Plan Desi nag tion: -Medium Density Residential (MDR) Zoning Designation. -Residential Multi -Family (RMF -10) Attachment 2: Aerial Photo �r�" Attachment 4: Categorical Exemption 6907 EI Camino 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 CITY OF ATASCADERO NOTICE OF EXEMPTION 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 Project Title PLN 2009-1332, VAR 2009-0015 Project Location (Include County) 6205 Marchant Avenue Atascadero, CA 93422 (San Luis Obispo County) Proiect Description Variance for front yard setback for an existing residence. The residence was converted into a multi family dwelling containing 4 units without permits. The applicant is applying for permits to legalize the units, and must receive a variance for the existing non -conforming setback as the creation of 3 additional units is considered an expansion of use. Name of Public Agency A ovine Proi ect City of Atascadero Name of Person or Agency Carrying Out Project City of Atascadero, Planning Dept. 6907 El Camino Real Atascadero, CA 93422 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. 15305, Minor Modification to Land Use Limitations) Reasons why project is exempt: Class 5 of the California Environmental Quality Act (CEQA) (Section 15305, 1 and Use Limitations) exempts minor lot line adjustments, side yard, and setback v ' s in the creation of any new parcel. _ Date: July 9, 2009 arren Frace Director of Community Development Contact Person: Warren Frace, Director of Community Development, City of Atascadero (805) 461.5000 ATTACHMENT 5: Resolution to Approve Variance: Draft Resolution PC 2009-0025 DRAFT RESOLUTION PC 2009-0025 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2009- 1332, FOR A VARIANCE ALLOWING A REDUCTION IN FRONT YARD SETBACK ON APN 030-222-032 6205 Marchant Ave. (Bridwell) WHEREAS, an application has been received from Jack Bridwell, 6205 Marchant Ave, Atascadero, CA 93422, (Property Owner/Applicant), to consider a project consisting of a Variance to allow encroachment into the front yard setback on APN 030-222-032; and WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family, maximum 10 units per acre); and WHEREAS, the proposed variance is categorically except under CEQA Class 5; 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Variance; and WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 21, 2009; and NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Findings for approval of Variance. The Planning Commission finds as follows: 1. The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and 2. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The Variance does not authorize a use which is not otherwise authorized in the Zoning District; and 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 21, 2009, resolved to approve PLN 2009-1332 consistent with the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval - PLN 2009-1332/VAR 2009-0015 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 6205 Marchant Ave. License FD: Fire Department PLN 2009-1332 / VAR -2009-0015 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. The approval of this Variance shall become final and effective following BP PS Planning Commission approval. No building permit shall be issued until the 14 day appeal period has passed. 2. Approval of this Variance shall be valid for twelve (12) months after its BP PS 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. 3. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS 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 Variance. 4. A minimum 15 -foot setback shall be maintained from the right-of-way. BP PS, CE Any future additions shall conform to current setback requirements or shall require additional Planning Commission approvals through the variance process. EXHIBIT B: Site Plan I - Approved 15 foot - ! front yard setback I w z LU z a = a - I � 1 . e o `V E RM # Q � e * * Site plan shown for the purposed of front setback only. All other site improvements must be reviewed and must conform to existing municipal code requirements for multi family projects.