HomeMy WebLinkAboutPC_2009-08-18_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, August 18, 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 JULY 21, 2009.
City of Atascadero Planning Commission Agenda
COMMUNITY DEVELOPMENT STAFF REPORTS - NONE
PUBLIC HEARINGS
Regular Meeting, August 18, 2009
Page 2of4
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 2009-1335, CITYWIDE ZONE TEXT UPDATE
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2009-1335, Citywide Zone Text Update
Project Location:
Citywide, Atascadero, CA 93422, (San Luis Obispo County)
Project Description:
The project consists of revisions to portions of Title 9 Planning and Zoning, of
the Atascadero Municipal Code (AMC). The proposed text updates consist of
minor amendments for consistency and clarification of the code, including the
following:
• Conditional Use Permit extensions
• Land use descriptions for "auto dealers (new and used) and supplies"
and "sales lots"
• Update zones which allow "sexually -oriented businesses" to be
consistent with AMC section 9-16.03 (Adult -Oriented Businesses)
• Land use definition for "food and beverage retail sales"
• Land use definition for massage/spas and "personal services"
Proposed
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for
Environmental
Exemption) exempts activities which are covered by the general rule that CEQA
Determination:
applies only to projects which have the potential for causing a significant effect on
the environment.
City of Atascadero Planning Commission Agenda
3. PLN 2009-1328, HOUSING ELEMENT UPDATE
TO BE CONTINUED TO SEPT. 1, 2009
Regular Meeting, August 18, 2009
Page 3 of 4
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2009-1328, 2009 Housing Element Update
Project Location:
Citywide, Atascadero, CA 93422, (San Luis Obispo County)
Project Description:
The project consists of amendments to the 2009 Housing Element Update. The
purpose of this public hearing is for the Planning Commission to take public
testimony on the proposed amendment and formulate a recommendation to the
City Council. The Planning Commission will consider a draft of the 2009
Housing Element Update and provide the public an opportunity to make
comments. Staff and the City's Consultant will present information on the
following:
• Housing Element Update Process
• Regional Housing Needs Allocation
• New State Laws affecting Housing Element Content
• Review Draft Housing Element
Proposed
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for
Environmental
Exemption) exempts activities which are covered by the general rule that CEQA
Determination:
applies only to projects which have the potential for causing a significant effect on
the environment.
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for September I, 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, August 18, 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: 8-18-09
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting - Tuesday, July 21, 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
Colamarino led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners
Bentz, Colamarino, Sturtevant, and Ward
Absent: Commissioner Schmidt (excused)
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace, Public Works
Director/City Engineer Russ Thompson, and Senior Planner Kelly
Gleason.
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by
Commissioner Sturtevant to approve the agenda.
Motion passed 6:0 by a roll -call vote.
PC Draft Minutes of 07/21/09
Page 1 of 4
PUBLIC COMMENT - None
Chairperson Jack closed the Public Comment period.
PLANNING COMMISSION BUSINESS - None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JUNE 2, 2009.
MOTION: By Commissioner Bentz and seconded by
Commissioner Colamarino to approve the Consent
Calendar.
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS - None
PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioners Colamarino, Ward, and Chairperson Jack went by the site.
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
Variance for front yard setback for an existing residence. The residence was converted
Description:
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:
PC Draft Minutes of 07/21/09
Page 2 of 4
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT:
Jack Bridwell, Property Owner/Applicant, stated that he has improved and cleaned up
the site as Section 8 Housing. The Section 8 office is San Luis Obispo said they would
support his effort in deed restricting the units to Section 8 housing, and he would be
willing to do a deed restriction to the City for this. He has already paid $21,000 in fees
and asked if the City would be willing to meet him halfway on the remainder of the fees
if he deed restricted it.
Chairperson Jack closed the Public Comment period.
Commissioners asked for explanation on fees from staff and asked if this is something
that might be considered by City staff in the future.
Senior Planner Kelly Gleason explained how the fees were calculated, and stated there
is currently not an RDA program that could allow for the payment of these fees.
MOTION: By Commissioner Bentz and seconded by
Commissioner Sturtevant to:
1. Adopt Resolution PC 2009-0025 approving PLN 2009-
1332, a Variance allowing a reduction in front yard
setback on APN 030-222-032, 6205 Marchant Ave.
Motion passed 6:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Jack asked the Commission to support his effort in asking City Council to
review the Sign Ordinance. He would like a 3 -person subcommittee to look at the
current and prior Sign Ordinance, and he would like the Sign Ordinance to be
standardized. Doing this would require minimal staff involvement and support, and
would also include signs/banners for events. The Commission was in support of
Chairperson Jack's request and agreed to have his memo forwarded to the City Council
for consideration. (Exhibit A)
PC Draft Minutes of 07/21/09
Page 3 of 4
DIRECTOR'S REPORT
• Community Development Director Warren Frace announced that tonight's
meeting does not include the services of AGP Video, due to the fact there was
only one item on the agenda, and therefore, would be a cost savings.
• The next Planning Commission meeting is scheduled for August 4, 2009, and will
include a briefing on Solar Power Financing Program (AB 811) as well as a tree
removal permit.
• The Housing Element is moving forward and will be on the August 18, 2009,
agenda.
• The new State budget has cities very concerned. There will be a $ 2 -million take
away from the City of Atascadero which will significantly affect our operations.
(Commissioner Bentz encouraged local citizens to call their state legislature).
• Community Development Director Frace answered a question from
Commissioner Bentz on the status of Tractor Supply and explained that the
current plan is that the store will be open next year.
• Colony Square Update: Funding is in place. Galaxy Theatres will be the new
theatre operator.
• Walmart Update: The City is waiting for Walmart to submit a new application. We
cannot formally start the EIR until we get a current application. September is the
target date.
ADJOURNMENT - 7:40 p.m.
The next regular meeting of the Planning Commission is scheduled for August 4, 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 Sandy Jack re: Sign Ordinance
Il Cityhalhcdvlpmnh- PC MinuteslPC Minutes 091PC Draft Minutes 0721 09.doc
PC Draft Minutes of 07/21/09
Page 4 of 4
ITEM NUMBER: 2
DATE: 8-18-09
A tascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylorgatascadero.org
Kelly Gleason, Senior Planner, 470-3436, kgleasonCa)atascadero.org
Title 9 Planning and Zoning Text Amendment
PLN 2009-1335 / ZCH 2009-0155
(City of Atascadero)
SUBJECT:
The project consists of a proposed Zoning Ordinance Text Amendment to portions of Title
9, Planning and Zoning. The proposed text updates consist of minor amendments for
consistency and clarification of the code, including the following -
1 .
ollowing:
1. Extension of Conditional Use Permit time limits to correspond with Tentative Maps
(AMC 9-2.113).
2. Expand land use descriptions for "auto dealers (new and used) and supplies" and
"sales lots" (AMC 9-3.701).
3. Clarify land use description for "food and beverage retail sales" (AMC 9-3.701).
4. Clarify land use description for "personal services" (AMC 9-3.701).
5. Expand and update uses allowed in the Commercial Professional zone.
6. Update swimming pool fencing to be consistent with the California building code
(AMC 9-4.128).
RECOMMENDATION:
Staff recommends the Planning Commission adopt Resolution PC 2009-0027,
recommending that the City Council introduce an ordinance for first reading, by title
only, to approve PLN 2009-1335 (Zone Text Change ZCH 2009-0155) based on
findings.
SITUATION AND FACTS:
1. Applicant:
2. General Plan Designation
3. Zoning District:
4. Environmental Status
DISCUSSION:
Backqround:
ITEM NUMBER
DATE: 8-18-09
City of Atascadero
Citywide
Citywide
Exempt from CEQA (Section 15061.(3) Review
for Exemption; not a project)
Several code text amendments to Title 9 (Planning and Zoning Ordinance) are currently
being proposed for clarification of the code. These updates are proposed in order to-
- Streamline the permit process
- Aid dormant projects with the permitting process
- Provide economic development opportunities and follow the recommendations of
ADE, the City's Economic Development Consultant
- Fix inconsistencies throughout the Zoning Ordinance
Analysis:
1. Conditional Use Permit Time Limits
Section 9-2.113 of the Atascadero Municipal Code identifies time limits for Conditional Use
Permits. Currently, Conditional Use Permits are valid for twenty-four months (24) from the
approval date. CUP's may remain active after the initial 24 -month period if a building
permit application is submitted or if a time extension is granted.
An amendment is proposed to this section of the Municipal Code to address Conditional
Use Permits (CUP's) that are approved in conjunction with a Tentative Map and Planned
Developments. CUP's are often approved with Planned Developments for master planned
commercial or residential projects on individual lots. The proposed amendment will link
the time limit of a Conditional Use Permit to the corresponding map. If a time extension is
approved for a map, through either application or through automatic extension by the
State, then the CUP will also be extended. Conditional Use Permits which are approved
with a map would also be extended indefinitely once a map is recorded.
By amending the code with the proposed text, a Conditional Use Permit would not require
a separate time extension and CUP's would not expire if the corresponding map is still
ITEM NUMBER
DATE: 8-18-09
active or recorded. By allowing CUP's for Planned Developments and other master
planned projects to remain active and tied to the life of the corresponding map, the City is
assured that the standards adopted with the CUP will be upheld and enforceable for the
life of the project. This code change would apply retroactively to all Conditional Use
Permits which are linked to an approved and active Tentative Map and will be beneficial to
many of the dormant projects in the City.
Proposed Text Change:
9-2.113 Permit time limits.
An approved plot plan is valid for the time limits established by Title 8 governing
building permits. An approved precise plan or conditional use permit, when not part of a
Planned Development with approved corresponding Tentative Map, is valid for twenty-
four (24) months after its effective date, unless otherwise provided by adopted
conditions. At the end of the twenty-four (24) months the approval shall expire and
become null and void unless:
(a) Building permits have been applied for and have not expired;
(b) The project is completed (Section 9-2.115);
(c) An extension has been granted (Section 9-2.118); or
(d) A building moratorium is imposed on the project site.
(e) If a Conditional Use Permit has been approved as part of a Planned Development
with a corresponding Tentative Map, the life of the Conditional Use Permit shall run
with the map and shall only expire if the map expires. Time extensions for the map shall
also extend the time of the corresponding Conditional Use Permit. Conditional Use
Permits which correspond with a Tentative Map shall remain active and shall not expire
once the map is recorded. This provision shall apply retroactively to any Conditional
Use Permit which may have expired prior to the effective date is this ordinance
provision provided that the corresponding Tentative Map for such Conditional Use
Permit has been extended.
Nothing in this title shall be construed as affecting any time limits established by Title 8
of this Code regarding work authorized by a building permit or other construction
permit issued pursuant to Title 8, or time limits relating to the expiration of such permit.
(Ord. 524 § 2 (part), 2008: Ord. 68 § 9-2.113, 1983)
ITEM NUMBER: 2
DATE: 8-18-09
2.) Land use descriptions for "auto dealers" and "sales lots"
AMC Section 9-3.701 identifies land use descriptions in order to clearly define the
difference between zoning uses. Currently, auto and motorcycles sales are defined
separately from the sale of boats and recreational vehicles. In recent years, the City has
received applications for boat and RV dealers on sites which were approved only for auto
dealers. Since these are identified under two separate land use definitions, the CUP's for
the auto sales lot had to be amended to allow the sale of boats or RV's. Boat and RV
sales are currently listed under "sales lot" in section 9-3.701. Since sales lots also include
larger, more intensive uses such as the sale and display of farm and construction
equipment, mobile homes, rental yards, and swap meets, allowing a "sales lot" use on a
site can be problematic in some areas as it is not necessarily the same intensity of use as
an auto dealership. A code text change is proposed in order to categorize the sale of
recreational vehicles, boats, and recreational and utility trailers under "auto dealers (new
and used) and supplies" rather than under "sales lots." By making this amendment,
recreational vehicles, boats, and recreational and utility trailers could be sold on any site
which has an approved Conditional Use Permit for an auto dealership (CUP is always
required for auto sales use). The "sales lot" definition would be limited to the much larger
and more intensive sales uses only.
Proposed Text Change:
9-3.701 Purpose. (Article 29. Land Use descriptions)
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments
selling new and used automobiles, including, but not limited to, light trucks, boats,
recreational vehicles, recreational and utility trailers, motorcycles and mopeds. Also
includes establishments selling new parts and accessories within a building for the
above. Does not include establishments dealing exclusively in used parts. Includes
automobile repair shops only when maintained by establishment engaged in the sale of
vehicles on the same site. Does not include "service stations," which are separately
defined.
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of
trailers, motorized farm equipment,
heavy commercial trucks (over one ton), mobilehomes, construction equipment, or other
heavy equipment; outdoor equipment rental yards; or large scale temporary or
permanent outdoor sales activities, including, but not limited to, swap meets and flea
markets.
ITEM NUMBER
DATE: 8-18-09
3.) Land use definition for "food and beverage retail sales"
The current definition for "food and beverage retail sales" includes businesses which have
no more than two (2) gas station pumps as an accessory use to the food and beverage
sales. The inclusion of gas pumps within this definition is problematic for several reasons.
"Food and beverage retail sales" are allowed in all commercial zoning districts and in the
downtown. "Service stations" however, which is the standard classification for gas stations
in the Atascadero Municipal Code, are only allowed in the Commercial Tourist zone
(directly off the freeway) and are a conditional use in Commercial Neighborhood,
Commercial Retail, and Commercial Service. Allowing gas pumps to be included with
"food and beverage retail sales" is also in contradiction with the City's General Plan, Policy
3.1, Program 11 which states that the Zoning Ordinance shall be amended and
maintained to require a Conditional Use Permit approval for service stations and all
gasoline sales uses. In order to follow through on this program and to clarify the zoning
ordinance for consistency purposes, gas pumps are proposed to be removed from the
"food and beverage retail sales" land use definition.
Proposed Text Change:
9-3.701 Purpose. (Article 29. Land Use descriptions)
Food and Beverage Retail Sales. Retail trade establishments primarily engaged in
selling food for home preparation and consumption, as well as the retail sale of
packaged alcoholic beverages for consumption off the premises, including wine tasting
facilities which are not on the same site as the winery. Establishments (exeept fef wine
tasting facilities) may inelude no fner-e than two (2) gas pumps as an aeeessar-y use.
4.) Land use definition for "personal services"
The land use definition for "personal services" includes uses such as beauty shops,
saunas and hot tubs, small scale dry-cleaning, shoe repair, and other services involving
the care of a person which is not medically related. There is some contradiction with this
section as it relates to the land use definition for "sexually oriented business." The
Municipal Code identifies "massage parlors" as a sexually oriented business, which is
problematic for beauty shops and day spas that provide licensed therapeutic massage.
Sexually oriented businesses are regulated under Chapter 16 of the zoning ordinance and
include very specific regulations. Since therapeutic massage and day spas are closely
related to beauty shops and saunas and hot tubs, a code text amendment is proposed to
specifically identify "day spas and licensed therapeutic massage" as "personal service."
Businesses which are categorized as "massage parlors" will remain under the "sexually
oriented business" land use description and will be regulated according to the Adult
Oriented Business Ordinance. Dating and escort services, which are currently identified
as a "personal service" are proposed to be removed from this land use definition.
ITEM NUMBER: 2
DATE: 8-18-09
Proposed Text Change:
9-3.701 Purpose. (Article 29. Land Use descriptions)
Personal Services. Service establishments primarily engaged in providing services
generally involving the care of the person which are not medically related, including:
beauty and barber shops; shoe repair shops; saunas and hot tubs; day pas and licensed
therapeutic massage, dry cleaning pickup stores and small scale dry cleaners without
pickup and delivery services; clothing rental; dating and eseoft sefvie ; and related
activities.
5.) Update uses allowed in the Commercial Professional zone
In 2001, the City Council adopted a resolution amending the code text of Chapter 16,
the "Adult Oriented Business Ordinance." Zone Change 2000-0007 was approved to
modify the zones which allowed sexually -oriented business and to adopt an "Adult
Business Buffer Zones Map" which specifically identifies which properties allow and do
not allow sexually -oriented businesses. The resolution specifically states that "adult-
oriented business uses shall be permitted in the CR (Commercial Retail), CS
(Commercial Services), IP (Industrial Park) and I (Industrial) zoning districts." The Zone
Change was processed in order to drop adult-oriented businesses as a permissive use
in the Commercial Professional Zone, as stated in the staff report and hearing from
February 20, 2001.
However, when the Zoning Code was changed after City Council approval, the changes
were made only to Section 9-16.03 (the Adult Oriented Business Ordinance). Section
9-3.212 (allowed uses in the Commercial Professional zone) was not amended to drop
sexually -oriented businesses from the list of allowed uses. The City Attorney has
determined that since section 9-16.03 is the more recently adopted code text, and the
2001 resolution specifically does not allow sexually -oriented businesses in the CP Zone,
this code section takes precedent. A code text amendment is now being proposed to
eliminate sexually -oriented businesses from the list of allowed uses in the CP Zone,
consistent with the 2001 City Council resolution.
A second change is currently being proposed to Section 9-3.212 (allowed uses in the
Commercial Professional Zone). The amendment is proposed to add "hotels and
motels" to the list of conditionally allowed uses in the Commercial Professional Zone.
By allowing hotels and motels as a conditional use in the CP Zone, additional tourism
opportunities can be provided within the City. This change will primarily affect the
properties along Morro Road, where many of the CP -zoned properties are located.
Morro Road is a main connection to Morro Bay and therefore, increased tourism in this
ITEM NUMBER
DATE: 8-18-09
area would be beneficial to the City. This change would be consistent with the ADE
strategy to increase tourist services on Morro Road.
Proposed Text Change:
Article 8. CP (Commercial Professional) Zone
9-3.212 Allowable uses.
The following uses shall be allowed in the Commercial Professional Zone. The
establishment of allowable uses shall be as provided by Sections 9-2.107 and 9-2.108:
(a) Food and beverage retail sales, where areas of use are less than two thousand five
hundred (2,500) square feet per store;
(b) Roadside stands (see Section 9-6.116);
(c) Temporary or seasonal retail sales (see Section 9-6.174);
(d) General merchandise stores, where areas of use are less than two thousand five
hundred (2,500) square feet per store;
(e) Accessory storage (see Section 9-6.103);
(f) Personal services, where areas of use are less than two thousand five hundred
(2,500) square feet per store;
(g) Utility transmission facilities;
(h) Collection stations (see Section 9-6.130);
(i) Eating and drinking places;
0) Libraries and museums;
(k) Broadcast studios;
(1) Building materials and hardware, where areas of use are less than two thousand
five hundred (2,500) square feet per store (see Section 9-6.165);
(m) Furniture, home furnishings and equipment, where areas of use are less than two
thousand five hundred (2,500) square feet;
(n) Mail order and vending;
(o) Financial services;
(p) Health care services;
(q) Temporary offices (see Section 9-6.176);
(r) Light repair services;
(s) Horticultural specialties (see Section 9-6.116);
(t) Business support services, where all areas of use are located within a building;
(u) Social and service organizations;
(v) Offices;
(w) Bed and breakfast;
(x) Schools (see Section 9-6.125);
(y) Utility service center;
(z) Business and vocational schools;
ITEM NUMBER: 2
DATE: 8-18-09
9-3.213 Conditional uses.
The following uses may be allowed in the Commercial Professional Zone. The
establishment of conditional uses shall be as provided by Section 9-2.109;
(a) Caretaker's residence (see Section 9-6.104);
(b) Churches and related activities (see Section 9-6.121);
(c) Pipelines;
(d) Eating and drinking places with drive-through facilities;
(e) Food and beverage retail sales, where areas of use are greater than two thousand
five hundred (2,500) square feet per store;
(f) General merchandise stores, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(z) Hotels and Motels
(gh) Personal services, where areas of use are greater than two thousand five hundred
(2,500) square feet per store;
(hi) Building materials and hardware, where areas of use are greater than two
thousand five hundred (2,500) square feet per store (see Section 9-6.165);
(ij) Furniture, home furnishings and equipment, where areas of use are greater than
two thousand five hundred (2,500) square feet per store.
6.) Swimming Pool Fencing
Section 9-4.128 of the Zoning Ordinance identifies specific requirements for swimming
pool fencing. However, swimming pool fencing is also regulated by the California
Building Code, which is updated by the State on regular basis and is not currently
consistent with the regulations of AMC Section 9-4.128. The code text of Section 9-
4.128 is proposed to be amended to refer to the Building Code requirements in order to
eliminate the current inconsistency and prevent future inconsistencies with future
Building Code updates.
Proposed Text Change:
9-4.128 Fencing and screening.
(5) Swimming Pools. Yard areas with private swimming pools are to be fenced to
discourage unsupervised access and use by small children. Such fencing is to be
constructed per building code requirements. a minimum of f0tif (4) feet high and
equipped with a self elosming a-nd self latehing gate. Latehing deviees afe to be leeated
at a fninimum height of fouf (4) feet. Such feneing may be emitted whefe buildin
walls abut the pool afea, provided that the entir-e pefiffieter- of the pool afea is .
ITEM NUMBER
DATE: 8-18-09
Proposed Environmental Determination
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for
Exemption) exempts activities which are covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. The proposed Text Amendment will not have any significant adverse
environmental impacts associated with this project application.
CONCLUSIONS:
The Text Amendments discussed in the staff report are proposed to create consistency
and clarification and to allow for clear interpretation of the Zoning Ordinance. Land use
descriptions are proposed to be updated for consistency and logical interpretation and
application of the defined uses. CUP extensions are proposed to be modified to provide
consistency with Tentative Tract and Parcel Map extensions. Zones which permit
sexually -oriented businesses are proposed to be amended to be consistent with the
Adult -Oriented Businesses section of the code and the previously approved 2001 City
Council resolution regarding these uses. Hotels and motels are proposed to be added as
a conditional use in the CP Zone. Swimming pool fencing is proposed to be amended for
consistency with the California Building Code. The Text Amendments are consistent with
the General Plan, which is implemented by the Zoning Ordinance.
ALTERNATIVES:
The Commission may recommend modifications of the Text Amendments to the
City Council.
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 recommend the City Council deny the project. The
Commission should specify the reasons for denial of the project and recommend
an associated finding with such action.
ATTACHMENTS:
Attachment 1: Notice of Exemption
Attachment 2: Draft Resolution 2009-0027
ATTACHMENT 1: Notice of Exemption
ITEM NUMBER
DATE: 8-18-09
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
TO: File
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with CEQA Sections 15061and 15062
Project Title
ZONING ORDINANCE CODE TEXT AMENDMENT
Project Location (Include County)
Citywide, Atascadero, CA 93422 (San Luis Obispo County)
Project Description
The project consists of a proposed Zoning Ordinance Text Amendment to portions of Title 9, Planning and
Zoning. The proposed text updates consist of minor amendments for consistency and clarification of the
code, including the following.•
Update Conditional Use Permit time limits (AMC 9-2.113).
Update land use descriptions for "auto dealers (new and used) and supplies, " "sales lots, " 'food and
beverage retail sales, " and 'personal services " (AMC 9-3.701).
- Update uses allowed in the Commercial Professional zone.
Update swimming pool fencing to be consistent with building code (AMC 9-4.128).
Name of Public Agency Approving Project
City of Atascadero
Name of Person or Agency Carrying Out Project
Community Development Department, City of Atascadero
Exempt Status:
Reasons why project is exempt:
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for Exemption) exempts
activities which are covered by the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
Date: August 12, 2009
Callie Taylor
Associate Planner
ITEM NUMBER
DATE: 8-18-09
ATTACHMENT 2: Draft Resolution PC 2009-0027
DRAFT RESOLUTION PC 2009-0027
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL
CODE BY APPROVING ZONE TEXT CHANGE
PLN 2009-1335/ZCH 2009-0155
(Citywide/City of Atascadero)
WHEREAS, an application has been received from the City of Atascadero (6907 El
Camino Real, Atascadero CA 93422), to consider Zone Change Text Amendments regarding
Conditional Use Permit time limits, land use descriptions for auto dealers, sales lots, food and
beverage retail sales, and personal services, uses allowed in the Commercial Professional Zone,
and swimming pool fencing requirements; and,
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; 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 Planning and
Zoning Text Change 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 Planning and
Zoning Text Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on August 18, 2009, studied and considered PLN 2009-1335/ZCH 2009-0155; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
ITEM NUMBER
DATE: 8-18-09
SECTION 1. Findings for Approval of a Zone Text Change. The Planning
Commission finds as follows:
1. The Planning and Zoning Text Change is consistent with General Plan policies and
all other applicable ordinances and policies of the City.
2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient
use of lands where such development standards are applicable.
3. The Text Change will not, in itself, result in significant environmental impacts.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on August 18, 2009, resolved to recommend that the
City Council introduce for first reading by title only, an ordinance that would amend the City
Planning and Zoning Code Text with the following:
9-2.113 Permit time limits.
An approved plot plan is valid for the time limits established by Title 8 governing building
permits. An approved precise plan or conditional use permit, when not part of a Planned
Development with approved corresponding Tentative Map, is valid for twenty-four (24) months
after its effective date, unless otherwise provided by adopted conditions. At the end of the
twenty-four (24) months the approval shall expire and become null and void unless:
(a) Building permits have been applied for and have not expired;
(b) The project is completed (Section 9-2.115);
(c) An extension has been granted (Section 9-2.118); or
(d) A building moratorium is imposed on the project site.
(e) If a Conditional Use Permit has been approved as part of a Planned Development with a
corresponding Tentative Map, the life of the Conditional Use Permit shall run with the map and
shall only expire if the map expires. Time extensions for the map shall also extend the time of
the corresponding Conditional Use Permit. Conditional Use Permits which correspond with a
Tentative Map shall remain active and shall not expire once the map is recorded. This provision
shall apply retroactively, try Conditional Use Permit which may have expired prior to the
effective date is this ordinance provision provided that the corresponding Tentative Map for
such Conditional Use Permit has been extended.
Nothing in this title shall be construed as affecting any time limits established by Title 8 of this
Code regarding work authorized by a building permit or other construction permit issued
pursuant to Title 8, or time limits relating to the expiration of such permit. (Ord. 524 § 2 (part),
2008: Ord. 68 § 9-2.113, 1983)
Article 29. Land Use descriptions
ITEM NUMBER
DATE: 8-18-09
9-3.701 Purpose.
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling
new and used automobiles, including, but not limited to, light trucks, boats, recreational
vehicles, recreational and utility trailers, motorcycles and mopeds. Also includes establishments
selling new parts and accessories within a building for the above. Does not include
establishments dealing exclusively in used parts. Includes automobile repair shops only when
maintained by establishment engaged in the sale of vehicles on the same site. Does not include
"service stations," which are separately defined.
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of
vehieles, r-eer-eafiona4 and utility , motorized farm equipment,beats—,heavy commercial
trucks (over one ton), mobilehomes, construction equipment, or other heavy equipment;
outdoor equipment rental yards; or large scale temporary or permanent outdoor sales activities,
including, but not limited to, swap meets and flea markets.
Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling food
for home preparation and consumption, as well as the retail sale of packaged alcoholic
beverages for consumption off the premises, including wine tasting facilities which are not on
the same site as the winery. Establishments (e*eept for- wine tasting faeilities) ma -y ineltide no
mor -e than two (2) gas ptimps as an aeeessoizy tise.
Personal Services. Service establishments primarily engaged in providing services generally
involving the care of the person which are not medically related, including: beauty and barber
shops; shoe repair shops; saunas and hot tubs; day spas and licensed therapeutic massage, dry
cleaning pickup stores and small scale dry cleaners without pickup and delivery services;
clothing rental; ; and related activities.
Article 8. CP (Commercial Professional) Zone
9-3.212 Allowable uses.
The following uses shall be allowed in the Commercial Professional Zone. The establishment of
allowable uses shall be as provided by Sections 9-2.107 and 9-2.108:
(a) Food and beverage retail sales, where areas of use are less than two thousand five
hundred (2,500) square feet per store;
(b) Roadside stands (see Section 9-6.116);
(c) Temporary or seasonal retail sales (see Section 9-6.174);
(d) General merchandise stores, where areas of use are less than two thousand five hundred
(2,500) square feet per store;
(e) Accessory storage (see Section 9-6.103);
(f) Personal services, where areas of use are less than two thousand five hundred (2,500)
square feet per store;
(g) Utility transmission facilities;
(h) Collection stations (see Section 9-6.130);
(i) Eating and drinking places;
0) Libraries and museums;
(k) Broadcast studios;
ITEM NUMBER
DATE: 8-18-09
(1) Building materials and hardware, where areas of use are less than two thousand five
hundred (2,500) square feet per store (see Section 9-6.165);
(m) Furniture, home furnishings and equipment, where areas of use are less than two
thousand five hundred (2,500) square feet;
(n) Mail order and vending;
(o) Financial services;
(p) Health care services;
(q) Temporary offices (see Section 9-6.176);
(r) Light repair services;
(s) Horticultural specialties (see Section 9-6.116);
(t) Business support services, where all areas of use are located within a building;
(u) Social and service organizations;
(v) Offices;
(w) Bed and breakfast;
(x) Schools (see Section 9-6.125);
(y) Utility service center;
(z) Business and vocational schools;
(aa) S&ittahy eFiented businesses (see Chaptef 5 10)-.
9-3.213 Conditional uses.
The following uses may be allowed in the Commercial Professional Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109;
(a) Caretaker's residence (see Section 9-6.104);
(b) Churches and related activities (see Section 9-6.121);
(c) Pipelines;
(d) Eating and drinking places with drive-through facilities;
(e) Food and beverage retail sales, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(f) General merchandise stores, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(0 Hotels and Motels
(gh) Personal services, where areas of use are greater than two thousand five hundred (2,500)
square feet per store;
(13i) Building materials and hardware, where areas of use are greater than two thousand five
hundred (2,500) square feet per store (see Section 9-6.165);
(ia) Furniture, home furnishings and equipment, where areas of use are greater than two
thousand five hundred (2,500) square feet per store.
9-4.128 Fencing and screening.
(5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage
unsupervised access and use by small children. Such fencing is to be constructed per building
code requirements. a fninimufn of fetif (4) feet high and equipped with a self elesing and self
ITEM NUMBER: 2
DATE: 8-18-09
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner , and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Sandy Jack
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
\\Cityha11\cdy1pmnt\- 07 PLNs\PLN 2007-1238 Zoning Code Amendments\PLN 2007-1238 SR.PC.ct.doc
TO BE CONTINUED TO SEPTEMBER 1, 2009
PLN 2009-1328, HOUSING ELEMENT UPDATE
ITEM NUMBER:
DATE: 8-18-09
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2009-1328, 2009 Housing Element Update
Project
Citywide, Atascadero, CA 93422, (San Luis Obispo County)
Location:
Project
The project consists of amendments to the 2009 Housing Element
Description:
Update. The purpose of this public hearing is for the Planning
Commission to take public testimony on the proposed amendment
and formulate a recommendation to the City Council. The Planning
Commission will consider a draft of the 2009 Housing Element
Update and provide the public an opportunity to make comments.
Staff and the City's Consultant will present information on the
following:
• Housing Element Update Process
• Regional Housing Needs Allocation
• New State Laws affecting Housing Element Content
• Review Draft Housing Element
Proposed
The California Environmental Quality Act (CEQA) (Section 15061.(3)
Environmental
Review for Exemption) exempts activities which are covered by the
Determination:
general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment.
\\Cityhall\cdvlpmnt\- 09 PLNs\PLN 2009-1328 Housing Element Update\To Be Continued Placeholder.am.doc