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HomeMy WebLinkAboutPC_2008-06-03_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, June 3, 2008 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Fonzi Vice Chairperson Slane Commissioner O'Keefe Commissioner Jack Commissioner O'Grady Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines 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 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. City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting June 3, 2008 Page 2 of 4 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. PLN 2008-1291, TREE REMOVAL PERMIT, 5620 SAN JACINTO AVENUE Property Owner: John & Virginia Mack, 5620 San Jacinto Ave., Atascadero, CA 93422 Applicant: City of Atascadero, Public Works Department Certified Arborist: Steve Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2008-1291 / TRP 2008-0121 Project Location: 5620 San Jacinto Ave., Atascadero, CA 93422 APN 029-231-008 (San Luis Obispo County) Project Description: Staff recommends that the Planning Commission approve the proposed Tree Removal Permit, subject to mitigation fees as required by the Atascadero Native Tree Ordinance. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (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 five 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 2008-1279, CONDITIONAL USE PERMIT FOR 9435 EL BORDO AVE. Property Alfred & Tamara Clark, 9535 Carmel Rd., Atascadero CA 93422 Owner/Applicant: Project Title: PLN 2008-1279 / Conditional Use Permit 2008-0226 Care Home Project 9435 EI Bordo Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-442-009 Project The proposed project consists of an application for a Conditional Use Permit to convert Description: an existing 3,550 sq. ft. residence to a residential care home. The care home is proposed for a maximum of twelve people and shall be used for elderly care. There are no additions or major changes proposed for the property. Site improvements include landscaping and modifications to the residence to comply with the occupancy requirements for a care facility. The property is served by City sewer. General Plan Designation: Single Family Residential (SFR -Z) Zoning District: Residential Single Family (RSF-Z) Proposed Based on the Initial Study prepared for the project, a Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 5/15/08 through 6/3/08 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to Determination: 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting June 3, 2008 Page 3 of 4 3. PLN 2008-1285, VARIANCE & LOT LINE ADJUSTMENT FOR 9040 MOUNTAIN VIEW AND 8260 PORTOLA ROAD Property Owners: Lein Living Trust, 9040 Mountain View, Atascadero, CA 93422 Michael & Ester Christopher, 8260 Portola Rd., Atascadero, CA 93422 Applicant: Gregory A. Connell, 412 Marsh Street, SLO, CA 93401 Project Title: PLN 2008-1285 / LLA 2008-0091 / Variance 2008-0013 Project 9040 Mountain View Drive, and 8260 Portola Rd., Atascadero, CA 93422 Location• (San Luis Obispo County) APN 056-312-025, 056-312-023 Project The proposed project consists of an application for a Lot Line Adjustment between two Description• parcels. The LLA is being proposed in order to correct the previously unknown encroachment of the residence at 9040 Mountain View Drive on the neighbor's property. Due to the fact that both lots are smaller than the one -acre minimum lot size in the RSF-Y zone, a variance application has been included in the project proposal, consistence with the requirements of Sections 9-7.115 and 9-7.116 in the Atascadero Municipal Code. General Plan Designation: Single Family Residential (SFR -Y) Zoning District: Residential Single Family (RSF-Y) Proposed Categorical Exemption: Class 5, Minor Alterations in Land Use Limitations Environmental Determination: COMMISSIONER COMMENTS AND REPORTS 4. DAVEY RESOURCE GROUP PRESENTATION Davey Resources Group will give a presentation on Arborist Services. DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on June 17, 2008, 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 June 3, 2008 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). ITEM NUMBER: 1 DATE: 6-3-08 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org Tree Removal Permit 2008-0121 PLN 2008-1291 5620 San Jacinto Ave. (Mack / City of Atascadero) SUBJECT: A request to remove one (1) 41" DBH Live Oak in the right-of-way at 5620 San Jacinto Ave. The tree has been determined to be in poor health creating a hazardous condition, as determined by the Certified Arborist. In addition, the tree is obstructing proposed road improvements on San Jacinto Ave. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2008-0029 to approve the request to remove one (1) native oak tree subject to conditions of approval. Situation and Facts: 1. Owner: John & Virginia Mack, 5620 San Jacinto Ave., Atascadero, CA 93422 2. Applicant: City of Atascadero, Public Works Department, 6907 EI Camino Real, Atascadero, CA 93422 3. Certified Arborist: A & T Arborists, Steven Alvarez, PO Box 1311, Templeton, CA 93465 4. Project Address: 5620 San Jacinto Ave., Atascadero, CA 93422 APN 029-231-008 ITEM NUMBER: 1 DATE: 6-3-08 BACKGROUND: The City of Atascadero Public Works Department is requesting the removal of one (1) 41" DBH Live Oak located in front of 5620 San Jacinto Avenue. The Atascadero Public Works Department is preparing for a road rehabilitation project on San Jacinto Avenue between EI Camino Real and Nogales Avenue. The road rehabilitation project includes widening San Jacinto Avenue for pedestrian access. The subject tree is obstructing road improvements. The tree is in very poor health and has been determined to be a hazardous tree by the Project Arborist. ANALYSIS: According to the Arborist, the subject 41" Live Oak Tree at 5620 San Jacinto Avenue has been determined to be a hazard to vehicle and pedestrian traffic. The lower trunk has a 15% lean in the direction of a large cavity. Based on the analysis, the Arborist has determined that the tree has a high likelihood of failure and was rated a 12 out of 12 on the attached Arborist Report. The Arborist recommends that the tree be removed immediately. Per the requirements of the Atascadero Native Tree Ordinance, the following mitigation is required: Evergreen Native Trees (inches) Deciduous Native Trees (inches) ITotals dbh notes 1 41 -inches 2 3 4 5 6 Total 41 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting dbh notes 1 2 3 4 5 6 Total 0 -inches 14 five gal trees req'd tree replacements: 0 five gal trees 0 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") 0 box trees (24") 41 -inches 14 five gal trees 0 five gal trees 0 box trees (24" Remaining Mitigation 14 five gal trees Remaining Mitigation 0 five gal trees 1 14 five gal trees Tree Fund Payment: $ 683.33 Tree Fund Payment: $ - I $ 683.33 Staff has conditioned that the applicant (City of Atascadero, Public Works Department) follow the mitigation requirements of the Native Tree Ordinance, which would allow for replanting, payment of mitigation fees, or a combination thereof. ITEM NUMBER: 1 DATE: 6-3-08 FINDINGS: In considering any tree removal request, at least one of the findings must be made. Staff has identified the following findings 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. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. CONCLUSION: The tree has been determined to be damaged beyond reclamation by a Certified Arborist, and the tree is obstructing street improvements on San Jacinto Avenue. Based on the Arborist Report and above analysis, findings can be made to approve the requested removal. ATTACHMENTS: Attachment 1: Location and Zoning Map Attachment 2: Arborist Report Attachment 3: Draft Resolution PC 2008-0029 Attachment 1: Location and Zoning Map ITEM NUMBER: I DATE: 6-3-08 Or 5620 San Jacinto Ave. ITEM NUMBER DATE: 6-3-08 Attachment 2: Arborist Report February 14, 2008 Jim Campana City of Atascadero Public Works Department RECtl (A( u COMMulflr DWELOPF Re: Hazard tree evaluation for 5620 San Jaciento Road Atascadero CA. Jim: After evaluating the above location at your request I completed the attached "TREE HAZARD EVALUATION FORMS" the form is self-explanatory and I have also attached the corresponding photos to support my findings. In summary it is my opinion that the following be done to the subject trees immediately. The live oak tree at 5620 San Jaciento Road has a hazard rating evaluated at 12 the highest possible rating for the form, it is very dangerous to vechicle and pedestrian traffic and should be removed in its entirety immediately. Thank you for the opportunity to work on this project if you need any additional help in the future for these trees please give me a phone call at 431-2581. Sincerely, Steven G. Alvarez ITEM NUMBER: 1 DATE: 6-3-08 A Photographic Guice to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition �nrJAddteSS: HAZARO RATING: •.tanrlocauon• fLLd�i �Fadtufe Sue Target tazaro whir puottc pnvate unknown other [lai of pan Rating Rating Date. 5 -.1 /—off Inspector _Y77C t.N �s _ i4 (vG.'r >� mac' -cry /I/t< iedtale ancon needed ?aft of cast insoectron: L^ -N �Q�� Needs further inspenon Dean tree TREE CHARACTERISTICS Tree 4: j Species: 6?4 -t ✓ G� _C� Cr A- OBH:_ 9 of trunks: �_ Height: Spread: & 'L� Form: Xgeneratty symmetric minor asymmetry mator asymmetry stump sprout = stag•headea Gown class. _ dominant co-oomuunt�intemtearaie suppressed , Lave crown ratio: (n,1,' o Age cfass O young r semr•n.ature 'mature _over-matureisenescent Pruning history: C crown cleaned a excessively thinned O topped crown raised E pollardea crown reduced - Ifusn cuts __ caofeamraced none � multiple pnmutg events Approx. dates: Special value: C specimen :3 hertaQethistonc O wildlife O unusual street tree 10 screen = shade ,Zindigepous = protected by gov agency TREE HEALTH Foliage color. normal O chlorotic O necrotic Epicarm=? N Growth obs"dio= Foliage densitic O normal O sparse Leaf size: O normal O small � stakes /emrmes _ signs _ cables Annual shoal growth: O excellent O average pipoor Twig Oienack? Y N Xc pavernenf guards Woundwood development O excellent O average Apody tJ none other Vigor class O exttlknt O average O tau gpoor Malorpests/dlstases_ i__" �� / ��� �� - SITE CONDMONS Site Character. j(residence [_"commercial O industrial C Ian C open space O natural O woodland forest Landscape type C par" El ratstd bed O container L. m_und O Fawn - shrub border O wmd break Irrigation: Z none O ade,qu✓ate) C inadequate u excessive trunk wettled Recent site disturbance? Y .M ct. 0 sod dislutil a �:: grade tltangt O line clearing site clurM % dnpline paved: 0% 10.25% 25-50% SO 7 75-10015'. Pavement lifted? r%N dnpline w/ fill soil: 0% 10-25% 25-50% 50-75% 75-1009: %dnpline grade lowered: 0% 10-25% 25-50% 50.75:1 75-100% Soil problems O drainage •, shallow O compacted 0 droughty O saline alkaline C acidic G small volume � drsease center O harory of fail clay exparmve O slope aspect Obstructions O lights O signage O fne-ot-Will C view governead lute§,)eundergro urd utitilies : traffic 0 adjacent veg. O Exposure to wind: O singletree J below Canopy J recentty a rd• canopy edge O area prone Id windlhrow Prevailing wind direction: k i G y 0 of snowAtte stoma O never O 5eidafTl O requtarly TARGET Use Under Tree: O building O parkingirathc V_pedesmnn O ncrrahon O landscape tk(hudscape O small leatures O uuhtylines Can target be moved? Y1� Can cue be restricted? Y occupancy - 0 occasional use O intermittent use O freq-nt use '(�cortstartt use The International Society of Arboricullm assumes no responsibility for conclusions or recommendations derived from use of this form. Specimen: TREE HAZARD EVALUATION FORM, Page 1 ITEM NUMBER DATE: 6-3-08 TREE DEFECTS Roor ouEC7s-" ; J� Suspect root rot IYlusbroomlw�sw�oed /� V to - (3D — — - Exposed roofs: severe _ moderate ermined: !,,^,aerate 1�11171.. Root pruned: 7 lfstance from -funk Root area affecled: Buttress .mounded: `l When: — Restricted root area: severe moderate /( !orf Potential for roof failure: a ere K!"o0trale ow CE✓1N.* f deq. from 7emc3l natural unnatural sett"torr.'Im Sod heaving: Y •V Decay in plane of lean: to N Roots broken r C I/ Sod cracking: Y /�I � /7C/ L.r -V Compounding Compounding factors - — lean seventy: .- nnilenie CROWN OEFECTS Indicate presence of indiiinawl delectS and rate their seventy ;> severe. in - moderate. I = tpwl DEFECT ROOT CROWN TRUNK I SCAFFOLDS BRANCHES Poor taper t i Bow. sweep j Codominantsrforks Mulfi le atbdtments I I Included bark Excessive end weight I I Cracks/solits • I Girdling wouriftseam Conks/mushrooms/bracket l Blefo Sap Clow �ooselc ricked Bari( I Neslin hoOlbee hive s Deadwood/stubs BorZrslttxmittsJards -Cankers/ Previous failure HAZARD RATING Tree part most wCey to talk- r � ,) &Q - N Failure potential: t - low.. 2 - medium: 3 - high: d - severe Inspection period: amnral batttual other Size of part 1 - c6- (15 em): 2 - 6-18" (1545 tiny: Failure Potential + Sia of Part . Target Rzing = Hazard Rating 3 - 18-30' (45-75 cmr 4 - >30' (75 cm) `J Target rating: T - otxas>Wtal use: 2 ittlerfrftttrrttt usa; --- il-- 3 - frequent Ilse a - constant use HAZARD ABATEMENT Prune: ❑ remove ddecbve part C] [educe end weight C crown dear[ C amt - raise Canopy - crown reduce :_t restrtrcwre u scrape Cable/Brace: Inepect further: Groot crown G decay aerial 0 monitor Remove tree.( -N Repfaee? Y ( N Move target Y CN Other. Effect on adjacent trees:" 4none ❑ evaluate Notification: ❑ owner ❑ manaperAwMTVng agency Date: 1 �_ ? - ,'7 2 COMMENTS ITEM NUMBER: 1 DATE: 6-3-08 94 - !Ivi ij- 1PA se - 46 ti V. )till ITEM NUMBER: 1 DATE: 6-3-08 t J ITEM NUMBER: 1 DATE: 6-3-08 ,*V7#,-wq t -k _ - v, ITEM NUMBER: 1 DATE: 6-3-08 Attachment 2: Draft Resolution PC 2008-0029 DRAFT RESOLUTION PC 2008-0029 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2008-1291 / TREE REMOVAL PERMIT 2008-0121 TO ALLOW THE REMOVAL OF ONE DAMAGED NATIVE OAK TREE WHICH IS OBSTRUCTING ROAD IMPROVEMENTS AT 5620 SAN JACINTO AVENUE (APN 029-231-008) (MACK / CITY OF ATASCADERO) WHEREAS, an application for a Tree Removal Permit has been received from the City of Atascadero, Public Works Department, 6907 El Camino Real, Atascadero, CA 93422 (Applicant) and John and Virginia Mack, 5620 San Jacinto Ave., Atascadero, CA, (Owner) to allow the removal of one 41" DBH native Live Oak Tree at 5620 San Jacinto Ave; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on June 3, 2008, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: ■ The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist ■ The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. ITEM NUMBER: 1 DATE: 6-3-08 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2008-0121 subject to the following: Exhibit A: Conditions of Approval 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 Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 1 DATE: 6-3-08 Exhibit A: Conditions of Approval Tree Removal - PLN 2008-1291 / TRP 2008-0121 Conditions of Approval Timing Responsibility PLN 2008-1291 / TRP 2008-0121 /Monitoring PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal of the 41 "-dbh PR PS Live Oak Tree by paying into the tree mitigation fund in accordance with the requirements of the Atascadero Native Tree Ordinance. Evergreen Native Trees (inches) dbh notes 1 41 -inches 2 3 4 5 6 Total 41 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting 14 five gal trees 0 five gal trees 0 box trees (24") Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 6 Total 0 -inches req'd tree replacements: Proposed Replanting Remaining Mitigation 14 five gal trees Remaining Mitigation Tree Fund Payment: $ 683.33 Tree Fund Payment: $ 0 five gal trees 0 five gal trees 0 box trees (24") 0 five gal trees Totals 41 -inches 14 five gal trees 0 five gal trees 0 box trees (24") 14 five gal trees $ 683.33 ITEM NUMBER: 2 DATE: 6-3-08 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2008-1279 Conditional Use Permit 2008-0226: Residential Care Facility Use 9435 EI Bordo Avenue (Clark) SUBJECT: The proposed project consists of an application to allow a Residential Care Facility for 12 people in an existing residence located at 9435 EI Bordo Avenue. RECOMMENDATION: Staff Recommends Planning Commission: Adopt Resolution PC 2008-0028 certifying Proposed Negative Declaration 2008-0010 and approving PLN 2007-1279 (Conditional Use Permit 2008-0226) based on findings and subject to conditions of approval. Situation and Facts 1. Owner/Applicant: Alfred and Tamara Kay Clark 9535 Carmel Rd. Atascadero, CA 93422 2. Co -Applicant: Diana Bishop (805) 610-7861 9220 Mountain View Dr. Atascadero, CA 93422 3. Project Address: 9435 EI Bordo Ave., Atascadero, CA 93422 (San Luis Obispo County) APN 030-442-009 4. General Plan Designation: Single -Family Residential (SFR -Z) 5. Zoning District: Residential Single -Family (RSF-Z) 6. Site Area: 0.93 acres net 7. Existing Use: Residential Care Facility — 12 clients maximum 8. Environmental Status: Negative Declaration 2008-0010, posted May 15, 2008 DISCUSSION: Background ling Land Use and Setting: Recreation (REC) Residential Single Family (RSF-Z) Residential Single Family (RSF-Z) Recreation (REC) The proposed project consists of a request to establish a Residential Care Facility serving 12 clients at 9435 EI Bordo Avenue. The co -applicant, Diana Bishop, currently operates two care homes within San Luis Obispo County. Rolling Hills Residential Care is a six -bed elderly care home located in Paso Robles. The Lakeside Guest Home is a 10 -bed elderly care home currently located at 9220 Mountain View Dr. The applicant is proposing to relocate the Lakeside Care home to the new facility at 9435 EI Bordo. The proposed project site at 9435 EI Bordo is zoned Residential Single -Family (RSF-Z), which allows for residential care facilities that serve six clients or more with the approval of a Conditional Use Permit. ANALYSIS: The proposed project consists of an application for a Conditional Use Permit to convert an existing 3,550 sq. ft. residence to a residential care home. The care home is proposed for a maximum of 12 people and shall be used for elderly care. No additions or major site changes are proposed with the new care home use. Site improvements will be limited to new landscaping and modifications to the residence to comply with the occupancy requirements for a care facility. The property is served by City sewer. Buildina and Fire Conditions Upgrades to the existing residence are required in order to meet the occupancy requirements to establish a care facility. Conditions have been included in the attached resolution to ensure that occupancy requirements are met. Parkina / Traffic / Circulation The site includes an existing area which will be used for resident, visitor, and employee parking. The parking area will be required to be striped and landscaped. The area accommodates six parking spaces. The Atascadero Municipal Code states that parking for residential care facilities shall be determined through the Conditional Use Permit process. It is staff's opinion that the six parking spaces will be adequate for a 12 -bed care facility. Adequate access is provided to the site off of EI Bordo. Landscaping and Frontage Improvement Conditions The Atascadero Municipal Code includes specific landscape requirements for development. These include the following items, which have been conditioned in the project resolution: • A minimum of ten percent (10%) of the interior of all parking lots shall be landscaped, in addition to any perimeter landscaping required. Shade trees are to be provided at approximately thirty- (30) foot intervals along parking rows. Landscape fingers shall be a minimum of six (6) feet wide shall be provided every eight (8) parking spaces. • Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six- (6) foot high solid fence or wall. A five foot landscape strip is required along the side property lines. • All trash enclosures shall be screened with landscaping unless built into the building. • Street trees shall be provided along all public and private street frontages at a minimum of thirty (30) feet on center. • All chain link fencing must be screened by landscaping. The property owner is requesting relief from some of the required landscaping and frontage improvement conditions (see Attachment 2.) The requested exceptions include: 1. Request to reduce the required side landscaping to three feet between the parking area and the property line. 2. Remove requirement for street trees along El 8ordo. 3. Request to not plant any landscaping in backyard. 4. Trash enclosure to be made out of wood, not masonry. 5. Remove requirement to slurry seal E/ 8ordo. The requirement to slurry seal the road is a standard Public Works condition which is included on all projects, per Municipal Code Section 9-4.160. All development projects, including both residential and commercial, are subject to road maintenance requirements such as slurry seal of the asphalt in front of the property. The Municipal Code does not include an exception which would allow Planning Commission to waive this requirement as it is necessary for street maintenance. Staff has required that the trash enclosure next to the parking area be made out of masonry rather than wood due to the fact that wood trash enclosures are not as durable and deteriorate very quickly. Staff does not recommend waiving this condition. Section 9-4.125 of the Zoning Ordinance states that where Conditional Use Permit approval is required, the Planning Commission may waive, modify or increase the landscaping requirements of the section if a finding can be made that existing vegetation topography or structural arrangement preclude the need for landscaping. Staff is recommending that the landscape upgrades are required prior to opening the care home. However, if the Commission can make the finding that there is not a need for the code -required landscaping, the three landscape conditions, from which the applicant is requesting relief, can be waived or modified. General Plan Consistency The proposed project is consistent with the following General Plan Housing Element Policy: Goal HOS 1: Promote diverse and high quality housing opportunities to meet the needs of all segments of the community. In staff's opinion the proposed 12 -client Residential Care Facility is consistent with the surrounding neighborhood and will not create significant impacts to neighborhood traffic. The Fire Department has reviewed the site and has determined that there is adequate emergency access. The proposed project provides increased housing opportunities for seniors. Findings The Planning Commission must make the following five findings to approve the requested use: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the housing elements goals outlined in the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance.) Staff Comment: The proposed use is consistent with all Zoning Ordinance requirements. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed use will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed senior clients will not negatively impact the surrounding neighborhood. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use, is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Environmental Determination A Draft Negative Declaration was circulated to public agencies and interested members of the public on May 15, 2008. A finding is proposed that this project would not have a significant effect on the environment. Staff is recommending that the Planning Commission certify Proposed Mitigated Negative Declaration 2008-0010. Conclusion The proposed project is a request to allow a 12 -bed residential care home in an existing residence at 9435 EI Bordo. The proposed project will not create substantial impacts to the surrounding neighborhood and/or environment. The use is compatible with the surrounding residential and open space uses and will provide an increase in opportunities to elderly persons requiring an additional level of care. 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 parcel would retain its designation of Residential Suburban and would be allowed to continue to operate with a maximum of six clients. The Commission should specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Letter from Owner; Request to Waive Requirements Attachment 3: Draft Resolution PC 2008-0028 Attachment 1: Location Map, General Plan and Zoning Zoning: Residential Single -Family (RSF-Z) General Plan Designation: _ Single -Family Residential (SFR -Z) Attachment 2: Letter from Owner: Request to Waive Landscape and Frontage Improvements 5/19/08 City of Atascadero Planning Entitlement Review Process Community Development Department / Public Works RE: Re -submittal: PLN -2008-1279 Exceptions to Conditional Use regmts. 9435 El Bordo Ave. Atascadero Ca. 93422 Callie & Planning Commissioners: The intent of this letter is to clarify some of the requirements for this Conditional Use Permit. Please consider my requests. Thanks Alfred Clark Property Owner (805)466-7214 Clarifications & Comments: Landscape Plan Clarifications: 1. Landscape at the parking area to be limited to 3'-0" width at wooden fence. Also the landscape area in t he parking area shall be installed in planter boxes. 2. Street Trees along El Bordo Avenue are not in character with the neighborhood. Trees along street to be omitted, area to have low shrubs planted. 3. Backyard to have lawn with no additional planting. Planted shrubs and plants are a hazard to the residents. No additional planting along east chain link fence. 4. Trash Enclosure to be made out of wood not masonry. Public Works Clarifications: 1. Please exempt me from the requirement to slurry seal El Bordo Avenue. This is additional cost that is excessive and would close access to the Park and Golf Course. ATTACHMENT 3: Draft Resolution PC 2008-0028 DRAFT RESOLUTION PC 2008-0028 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2008-1279 CONDITIONAL USE PERMIT 2008-0226, A REQUEST TO ESTABLISH A 12 -CLIENT RESIDENTIAL CARE FACILITY LOCATED AT 9435 EL BORDO APN 030-442-009 (Clark) WHEREAS, an application has been received from Al and Tamara Kay Clark, 9535 Carmel Rd. Atascadero, CA 93422 (Owners and Applicants) and Diana Bishop, 9220 Mountain View Dr. Atascadero, CA 93422 (Co -Applicant) to consider the establishment of a 12 - client Residential Care Facility at the site of an existing residence at 9434 El Bordo. (APN 030- 442-009); and, WHEREAS, the site's current General Plan Designation is Single -Family Residential (SFR -Z); and, WHEREAS, the site's current zoning district is Residential Single -Family (RSF-Z)); and, WHEREAS, Residential Care Facilities serving 12 or more clients is a Conditional Use in the RSF-Z Zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2008-0010 were 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 laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 3, 2008 studied and considered the PLN 2008-1279; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of Conditional Use. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 3, 2008 resolved to approve the PLN 2008-1279 subject to the following: EXHIBIT A: Negative Declaration 2008-0010 EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Floor Plan EXHIBIT F: Signage 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 Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Negative Declaration 2008-0010 PLN 2008-1279 See Following EXHIBIT B: Conditions of Approval PLN 2008-1279/CUP 2008-0226 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning BL: Business License Services BS: Building 9435 EI Bordo Ave. GP: Grading Permit Services PLN 2008-1279/CUP 2008-0226 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater FM: Final Map CA: City Attorney Planning Services 1. This Conditional Use Permit shall be for a 12 -bed Residential Care BPI BL PS Facility for elderly care located at 9435 EI Bordo Ave. (APN 030-442- 009) regardless of owner. 2. The approval of this use permit shall become final and effective for the BPI BL PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BPI BL PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BPI BL PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit or business license. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing 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 subdivision. 6. Parking area will be striped and include at least six parking spaces. BPI BL PS 7. Landscaping: A minimum of ten percent (10%) of the interior of all BPI BL PS parking lots shall be landscaped, in addition to any perimeter landscaping required. Shade trees are to be provided at approximately thirty- (30) foot intervals along parking rows. Landscape fingers shall be a minimum of six (6) feet wide and be provided every eight (8) parking spaces. 8. Parking lots that abut a residential zone shall be separated from such BPI BL PS property by a landscaping strip with a minimum width of five (5) feet and a six- (6) foot high solid fence or wall. A five-foot landscape strip is required along the side property lines 9. Street trees shall be provided along all public and private street BPI BL PS frontages at a minimum of thirty (30) feet on center. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning BL: Business License Services BS: Building 9435 EI Bordo Ave. GP: Grading Permit Services PLN 2008-1279/CUP 2008-0226 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater FM: Final Map CA: City Attorney 10. All chain link fencing must be screened by landscaping. BP/ BL PS 11. The trash enclosure shall be made of masonry, such as split face BP/ BL PS block or stucco over CMU block (not wood.) Trash enclosures shall be screened with landscaping unless built into the building. 12. Signage shall be consistent with the Exhibit E. BP/ BL PS Building Division Conditions 13. The facility shall meet or exceed all standards as required by the UBC Ongoing BS and any superseding local ordinances related to building safety and/or fire codes and regulations. 14. An automatic fire sprinkler system shall be provided pursuant to the most BP/ BL BS current Code requirements. 15. An approved manual and automatic fire alarm system shall be installed BP/ BL BS pursuant to the most current Code requirements. 16. Smoke alarms shall be installed pursuant to the most current Code BP/ BL BS requirements. 17. Facilities which house a person who is hearing impaired shall be provided BP/ BL BS with notification appliances in accordance with the current Code requirements. 18. A building permit shall be obtained for the occupancy change from an R-3 BP/ BL BS to an R-4. 19. The facility shall not house non-ambulatory clients. BP/ BL BS 20. All applicable accessibility requirements shall be provided. BP/ BL BS Public Works Project Conditions 21. Per municipal code section 9-4.160, the developer shall slurry seal EI BP/ BL CE Bordo Avenue across the frontage of the property to a width of 1/2 the roadway plus 10'. 22. Prior to issuance of a building permit, new sewer fees will be assessed BP CE based on the change in use of the building. EXHIBIT C: Site Plan -3.1'L„55N IZ'891 I EXHIBIT D: Landscape Plan LANDSCAPEARRIGATION NUTES: 1. DOUGHT TOLERANT GROUND COVER & LOW SHRUBS (TIMED DRIPPED IRRIGATION) 2. (E) LAVENDER, ROSES, DAISEYS (TIMED DRIPPED IRRIGATION) 3. (E) NATIVE LOW SHURBS (NO IRRIGATION REQUIRED) 4. (E) LAWN "TALL FESCU" (TIMED IRRIGATION) 5. (E) DAISEYS "EURYOPS", YELLOW EYED GRASS (TIMED DRIPPED IRRIGATION) 5. (E) ASPHALT DRIVEWAY 7. (E) CHAIN LINK FENCE 5'-0" HT. (PROVIDE LOW SHRUBS) 8. (E) WOOD FENCE 6'-0" HT. 9. (E) RESIDENCE 10. (E) SEGGO PALM (NO IRRIGATION REQUIRED) 11. (E) PAPAS GRASS BUSH (NO IRRIGATION REQUIRED) 12. (E) DEODAR CEDAR TREE (EVERGREEN DROUGHT TOLERANT) 13. (E) TEXAS UMBRELLA TREE (NO IRRIGATION REQUIRED) 14. (E) PLUM TREE (NO IRRIGATION REQUIRED) 15. (E) APPROCOTE TREE (NO IRRIGATION REQUIRED) 16. (E) MASONARY WALL 4'-0" HT. 17. (E) LIQUID AMBER TREE (NO IRRIGATION REQUIRED) 18. (E) WHITE OAK (NO IRRIGATION REQUIRED) 19. (E) ASPHALT DRIVEWAY 20. TRASH ENCLOSURE (MASONARY CONSTRUCTION) PROVIDE LANDSCAPE SCREEN 21. LOW SHRUBS - DROUGHT TOLERANT WALKING AREA 22. SIGNAGE W/ADDRESS 23. 5'-0" LANDSCAPE STRIP W/STREET TREES @ 30'-0" O.C. 24. STREET TREES 30'-0" O.C. EXHIBIT E: Floor Plan PLN 2008-1279/CUP 2008-0226 - - � lam'. � ' 20 • D 9435 El Bordo Avenue EXHIBIT F: Signage PLN 2008-1279/CUP 2008-0226 LAKESIDE Guest Hama IC F146770 r vo bi4 L X14 4,4 P-�P +3 T'14 ITEM NUMBER: 3 DATE: 6-3-08 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2008-1285 Lot Line Adjustment 2008-0091 Variance 2008-0013 9040 Mountain View Drive and 8260 Portola Road (Lein Living Trust / Christopher / Connell) SUBJECT: Request to adjust the lot line between two existing colony lots with a Variance to allow the reduction in size of a legal non -conforming lot. RECOMMENDATION: Staff Recommends Planning Commission: Adopt Resolution PC 2008-0030 approving PLN 2008-1285, Lot Line Adjustment 2008- 0091 and Variance 2008-0013, allowing an adjustment of lot lines between two existing lots and reducing the size of a legal non -conforming lot, based on findings and subject to Conditions of Approval. Situation and Facts 1. Owner: Lein Living Trust, 9040 Mountain View, Atascadero CA 93422 Michael & Ester Christopher, 8260 Portola Rd., Atascadero CA 93422 2. Applicant: Gregory A. Connell, 412 Marsh Street, SLO, CA 93401 3. Project Address: 9040 Mountain View Drive and 8260 Portola Road Atascadero, CA 93422 (San Luis Obispo County) APN 056-312-025 and APN 056-312-023 4. Legal Descriptions: Lots 50 and 51 of Block 12, Atascadero Colony 5. General Plan Designation: Single -Family Residential (SFR -Y) 6. Zoning District: 7. Site Area: 8. Existing Use: 9. Environmental Status: DISCUSSION: Background Residential Single -Family (RSF-Y) 9040 Mountain View Drive (Lot 51): 0.380 acres 8260 Portola Road (Lot 50): 0.265 acres One single-family residence on each parcel Class 5 Categorical Exemption, Minor Alterations in Land Use Limitations The proposed project includes a Lot Line Adjustment (LLA) between two existing lots at 9040 Mountain View Drive and 8260 Portola Road. Both parcels are developed with single-family residences. The LLA is being proposed in order to correct the previously unknown encroachment of the residence at 9040 Mountain View Drive on the neighbor's property at 8260 Portola Road. The owners have recently been through a civil action suit to remedy the encroachment issue. During the litigation process, the parties settled their disputes pursuant to a settlement agreement. One of the obligations of the owner at 9040 Mountain View Drive is to process a Lot Line Adjustment to correct the historical encroachment. r Z_ MOUWAM fi VOW .r VAR -� �.� � � � �. I• V. rr/ A,r[IK M •OIL � R J Area of Encroachment Wo LM 00 WKK Uff In 1 71 P@ - r _ ANALYSIS: The parcels are in the RSF-Y Zoning District (Residential Single -Family with a minimum lot size of 1 acre gross). Both of the subject lots are smaller than the minimum lot size requirements in the RSF-Y District, and therefore both lots are considered legal, non- conforming lots of record. The lot at 8260 Portola Road (Lot 50) is proposed to be reduced in size in order to accommodate the existing residence at 9040 Mountain View Dr., (Lot 51) which was built over the property line. Lot 51, (9040 Mountain View Drive) is proposed to be increased in size from 0.380 acres to 0.404 acres, an increase of 1,062 square feet. Lot 50, (8260 Portola Road) would be decreased in size from 0.265 acres to 0.241 acres. EXISTING AND PROPOSE© LOTIPARCEL SIZES EXISTING LOT SIZES (NET AREA LOT 50 - AREA = 11,556 SF0.265 AC) LOTOTAL T 51 - AAREA = 28,092REA = 16,536 SF (0.380 AC) SF (0.645 AC) PROPOSED PARCEL SIZES NET AREA CHRISTOPHER - AREA - 10,494 SF ({1.241 AC) LEIN AREA = 17,598 SF (0.404 AC TOTAL AREA - 28,092 SF (0645 AC) * NET AREA IS GROSS AREA LESS THE PUBLIC STREET AREA. + AREAS HAVE BEEN CALCULATED BASED UPON A COMPILATION OF MEASURED AND RECORD DATA. WHERE OCCURS. Lot Line Adjustments are normally an administrative action, processed by staff and not requiring Planning Commission approval. Section 11-5.02(a) of the Subdivision Ordinance states "...action on lot line adjustments shall be by the Community Development Director and shall not require Planning Commission action except where existinq nonconforming lots are proposed to be reduced in size." The subject parcel at 8260 Portola Road is an existing non -conforming lot, and therefore requires Planning Commission review in order to reduce its size. Section 9-7.115 (Reduction in size of nonconforming lots) in the Atascadero Municipal Code states: "Reductions in the size of existing nonconforming lots shall only be allowed with lot line adjustments to correct historical and geographical use problems and to facilitate the relocation of existing utilities, infrastructure or easements. Under no circumstances shall lots conforming to minimum lot sizes be reduced in size to a nonconforming status." The proposed Lot Line Adjustment will correct the current and historical use problems on the site. The main residence at 9040 Mountain View Drive was built over the property line, encroaching on the neighboring parcel at 8260 Portola Rd. The residence at 9040 Mountain View Drive was constructed in 1969, however, the owners have just recently become aware of the problem regarding the location of the residence. The proposed Lot Line Adjustment would correct the encroachment, and provide the structure with the required side setback of 5' from the property line. Both lots are currently smaller than the legal lot size, and therefore approval of this adjustment would not change any lots which already conform to minimum lot size. Section 9-7.116 of the Zoning Ordinance goes on to say "Applications for a lot line adjustment affecting a non -conforming lot(s) shall be in a form approved by the Community Development Director. Procedures for Planning Commission consideration and action on such lot line adjustments shall be as provided for variances in Section 9- 1.113 of this part." Since the applicant is requesting to reduce the size of a non- conforming lot, the Commission must make the findings of approval for a Variance in addition to approving the Lot Line Adjustment. The City's subdivision regulations set certain standards for Lot Line Adjustments. However, the State Subdivision Map Act (Section 66412(d) of the California Government Code) takes precedence over any local California jurisdiction's subdivision regulations, and that Act states that Lot Line Adjustments may be reviewed for compliance with building and zoning codes only. If they meet those codes or can be conditioned to meet them, they must be approved. As noted above, the Commission must also make the Findings for the Variance in order for the Lot Line Adjustment to be consistent with zoning codes. Findings Section 9-1.113 of the Zoning Ordinance states the Commission shall approve a Variance only if the application satisfies the following criteria: 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, 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 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. The Lot Line Adjustment as proposed does not constitute a grant of special privilege inconsistent with the limitations upon other properties. The property is developed with a single-family residence and the adjustment of the parcel line will not accommodate further development, but rather it will correct a historical use problem. As described previously, there are special circumstances pertaining to this parcel where existing improvements encroach onto a neighboring lot. Furthermore, the granting of the Variance will not adversely affect the health and safety of persons. The Variance is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. The net change to the site will be the exchange of 1,062 square feet of property. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Variance and a Lot Line Adjustment can be made. 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 when occurring on property with an average slope under 20%. Conclusion The Lot Line Adjustment application is consistent with the General Plan and applicable Building, Zoning, and Subdivision Ordinance requirements. Based on the analysis above, it appears that the Commission can make all of the required findings of approval for the Variance application. The Lot Line Adjustment and the Variance would not facilitate future development, but would correct a historical and geographical use problem that currently exists on the site. ALTERNATIVES: 1. The Planning Commission may approve the Tentative Lot Line Adjustment Map and Variance with modified conditions of approval. 2. The Planning Commission may deny approval of the Tentative Lot Line Adjustment Map and Variance, based on appropriate findings. To deny an application, the Commission must find that the project is inconsistent with the General Plan or at least one of the required findings of approval cannot be made. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the action and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Categorical Exemption, Class 5 Attachment 3: Draft Resolution PC 2008-0030 Attachment 1: Location Map, General Plan and Zoning U8260 Portola Road 4909 1 9040 Mountain View Drive I Zoning: Residential Single -Family (RSF-Y) General Plan Designation: Single -Family Residential (SFR -Y) Attachment 2: Categorical Exemption CITY OF ATASCADER0 NOTICE OF EXEMPTION 6907 EI Camino Real Atascadero, CA 93422 805.461.5000 Date Received for Filing TO: File '- o FROM: Callie Taylor, Associate Planner City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2008-1285; Lot Line Adjustment 2008-0091 and Variance 2008-0013 Project Location: 9040 Mountain View Drive and 8260 Portola Road., Atascadero, 93422; San Luis Obispo County APN 056-312-025 and APN 056-312-023 Project Description: Request to adjust the lot line between two existing colony lots with a variance to allow the reduction in size of a legal non -conforming lot. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Gregory A. Connell, 412 Marsh Street, SLO, CA 93401 Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.0) Categorically Exempt (Sec, 15305) Reasons why project is exe_mRt: Class 5 of the California Environmental Quality Act (CEQA) (Section 15305) exempts minor alterations in land use limitations Contact Person: Callie Taylor, City of Atascadero (805) 470-3448 Date: May 27, 2008 C2-" ❑ 81' 1,- Callie Taylor Associate Planner ATTACHMENT 3: Draft Resolution PC 2008-0030 DRAFT RESOLUTION PC 2008-0030 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2008-1285 REQUEST TO APPROVE A LOT LINE ADJUSTMENT AND VARIANCE AT 9040 MOUNTAIN VIEW DRIVE AND 8260 PORTOLA ROAD APN 056-312-025 & 056-312-023 (Lein Living Trust / Christopher / Connell) WHEREAS, an application has been received from Gregory A. Connell, 412 Marsh Street, SLO, CA 93401, (Applicant) Lein Living Trust, 9040 Mountain View, Atascadero CA 93422, (Owner), and Michael & Ester Christopher, 8260 Portola Rd., Atascadero CA 93422 (Owner) to consider a Lot Line Adjustment and Variance at 9040 Mountain View Drive and 8260 Portola Rd Atascadero, CA 93422 (APN 056-312-025 and 056-312-023); and, WHEREAS, the site's current General Plan Designation is Single -Family Residential (SFR -Y); and, WHEREAS, the site's current zoning district is Residential Single -Family (RSF-Y); and, WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions, Class 5, Section 15305.Minor Alterations in Land use Limitations; 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 Lot Line Adjustment and Variance applications was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 3, 2008 studied and considered the PLN 2008-1285; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Lot Line Adjustment. The Planning Commission finds as follows: 1. The Lot Line Adjustment conforms with all applicable building, zoning, and subdivision regulations of the City of Atascadero and is consistent with the City's General Plan. SECTION 2. 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, 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 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 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 3, 2008 resolved to approve the PLN 2008-1285 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Lot Line Adjustment ATAL 08-0024 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 Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval PLN 2008-1285 Conditions of Approval / Timing Responsibility /Monitoring Mitigation Monitoring Program PS: Planning Services BL: Business License BS: Building Services FD: Fire Department 9040 Mountain View Drive and 8260 Portola Rd GP: Grading Permit PD: Police Department PLN 2008-1285 BP: Building Permit FI: Final Inspection CE: City Engineer WW: wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy FM: FM: Final Map Planning Services 1. The Lot Line Adjustment as generally shown on Attachment B, provided FM PS herein shall be submitted as a final parcel map or in a record of survey with Certificates of Compliance, or deeds to be approved by the Community Development Department and City Engineer prior to recordation. If the Lot Line Adjustment is to be recorded through the use of deeds, the deeds shall be submitted in the City's Certificate of Compliance standard format for review and approval prior to recordation. 2. Approval of this Lot Line Adjustment shall expire two years from the date of FM PS approval (date of this correspondence) unless a time extension has been granted in response to a written request received prior to the expiration date. 3. The applicant shall show the ATAL number issued by the County of San FM PS Luis Obispo (on the record of survey map or included in "Exhibit B" of the Certificates of Compliance); plat all plottable easements with recording information, list all unplottable easements, and show the legal description for the properties being adjusted. FM PS 4. If a record of survey is submitted, a mylar copy of the survey shall be submitted to the Community Development Department for approval prior to recordation. 5. All necessary transfers of title shall be recorded with the final map or the FM PS certificates of compliance to reflect the true ownership of the resulting lots of the Lot Line Adjustment. FM PS 6. Prior to recordation of the final map or certificates of compliance to final a lot line adjustment, the applicant shall submit a tax bond certificate, obtained from the San Luis Obispo County Tax Assessor's Office, showing that there are no liens against the property for unpaid state, county, municipal or local taxes or special assessments, except taxes or special assessments not yet payable. 7. The approval of this LLA and Variance shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 8. The applicant shall defend, indemnify, and hold harmless the City of Ongoing 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. EXHIBIT B: Lot Line Adjustment ATAL 08-0024