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HomeMy WebLinkAboutPC_2008-12-02_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 2, 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 Jack Commissioner O'Keefe Commissioner Moreno 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, December 2, 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. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 7, 2008. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 21, 2008. 3. APPROVAL OF THE 2009 PLANNING COMMISSION MEETING SCHEDULE 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).) 4. PLN 2008-1306, CONDITIONAL USE PERMIT FOR 8705 SANTA LUCIA AVE. Property Owner: Megan & Jeramie Smith, 8705 Santa Lucia Ave., Atascadero, CA 93422 Project Title: PLN 2008-1306; Conditional Use Permit 2008-0234 for Preschool Use Project 8705 Santa Lucia Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-073-024 Project The project consists of an application to establish a Preschool for up to 30 children in Description: a residential neighborhood. The property is currently used as a large family daycare for up to 18 children and a residence. The subject site is served by an on-site septic system. General Plan Designation: SFR -Z Zoning District: RSF-Z Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. The proposed Mitigated Negative Declaration is available for public review Environmental from 11/4/08 through 11/24/08 at 6907 EI Camino Real, Community Development Determination: Department from 8:00 a.m. to 5:00 p.m. Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting, December 2, 2008 Page 3 of 4 5. PLN 2008-1307/ADMINISTRATIVE USE PERMIT FOR 5145 EL CAMINO REAL Property Owner: Michael Hawkins, 5145 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2008-1307/Administrative Use Permit 2008-0042 Project 5145 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-302-048 Project The application consists of a request to include a set amount of changeable copy Description• signage to an existing commercial business. This type of signage is permitted through an Administrative Use Permit (action taken by the Community Development Director) however, as this is the first request for changeable copy signage, staff would like direction from Planning Commission on this request. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail CR Proposed Categorically Exempt Section 15301. Environmental Determination: COMMUNITY DEVELOPMENT STAFF REPORTS COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for December 16, 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, December 2, 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). CALL TO ORDER ITEM NUMBER: 1 DATE: 12-2-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, October 7, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner O'Grady led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Marks, O'Grady, Moreno, O'Keefe, Vice Chairperson Jack, and Chairperson Fonzi Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack seconded by Commissioner Moreno to approve the agenda. Motion passed 6:1 by a roll -call vote. (O'Grady opposed.) PUBLIC COMMENT None. Chairperson Fonzi closed the Public Comment period. PLANNING COMMISSION BUSINESS None. PC Draft Minutes of 10-07-08 Page 1 of 7 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Heatherington visited the site on Item No. 3 (Del Rio Road) and had a conversation with Bryan Matts, his friend, Kevin, and a guest. • Commissioner Moreno visited both locations. At the San Rafael location, she spoke with the neighbor. • Commissioner O'Grady visited both sites and spoke with the neighbors. • Commissioner O'Keefe spoke with the property owner on Del Rio Road. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 2, 2008. MOTION: By Commissioner O'Keefe seconded by Vice Chairperson Jack to approve the Minutes of the Regular Planning Commission Meeting of September 2, 2008. Motion passed 5:0:2 by a roll -call vote. (Moreno and O'Grady abstained.) PUBLIC HEARINGS 2. PLN 2007-1254, TENTATIVE PARCEL MAP FOR 9125 SAN RAFAEL ROAD Property Owner: Jim and Bonnie Cvancara, 7501 E. Greenbluff Road, Colbort, WA 99005 Project Title• PLN 2007-1254, Tentative Parcel Map 2007-0092 Project 9125 San Rafael Road., Atascadero, CA 93422 Location• (San Luis Obispo County) APN 056-162-039 Project The project consists of an application to subdivide an existing 3.07 gross acre lot into Description: two (2) lots. Parcel 1 is proposed at 1.03 (net and gross) acres and Parcel 2 is proposed as a flag lot consisting of 2.04 gross acres (1.91 acres, excluding flag area.) Proposed Parcel 1 has a 7.32% average slope and is currently developed with a single- family residence, detached garage, and barn. Proposed Parcel 2 has an average slope of 12.10% and is currently undeveloped. Both sites contain several native trees, including mostly Valley Oaks and Live Oaks. No Native trees are proposed for removal. A building envelope is included on Proposed Parcel 2 in order to limit impacts to native trees and limit grading near the swale towards the rear of the property. The subject site is within a sewer service area. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is PC Draft Minutes of 10-07-08 Page 2 of 7 Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 9/18/08 through 10/7/08 at 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. Chairperson Fonzi indicated she may have a conflict of interest on this item and will step down on this issue. Chairperson Fonzi turned the meeting over to Vice Chairperson Jack and left the room. Associate Planner Callie Taylor gave the staff report. Associate Planner Callie Taylor and Community Development Director Warren Frace answered questions of the Commissioners. Barak Miles, (Geo West) for the applicant, stated the road in question is not a road, but rather a driveway. He also stated the swale in the back is not in the 100 year flood plain. No trees will be removed. Because of the garage, they have asked for a 20 foot access, which provides the 12 foot driveway with 2 foot border on each side. Mr. Miles answered questions of the Commissioners. all 3]1l[00161lyiILVA 14►111 Brian Wolfe, a friend of the applicant, stated because the applicant wanted to do a lot split like the ones around their property and it was not feasible, they are proposing the project before us now, which has cost them a lot of money, and it should be approved. Vice Chairperson Jack closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Moreno to adopt Resolution PC 2008-0049 certifying the proposed Mitigated Negative Declaration 2008-0013 and approving Tentative Parcel Map 2007-0092 (PLN 2007-1254), a request to subdivide one lot totaling 3.07 acres into two (2) parcels containing 1.03 acres and 2.04 acres (1.91 acres excluding flag area) each, based on findings and subject to conditions with the additional conditions added: (1) The access -way paving shall be a minimum of five feet from the property line and accessory structure subject to future fire department standards; and (2) The building envelope located on Parcel 2 shall not encroach upon the swale any farther than 20 feet from the centerline of said swale in either direction. Motion passed 4:2:1 by a roll -call vote. (Heatherington and O'Keefe opposed; Fonzi abstained.) PC Draft Minutes of 10-07-08 Page 3 of 7 Chairperson Fonzi returned to the room, and Vice Chairperson Jack turned the meeting back over to her. 3. PLN 2008-1296, CONDITIONAL USE PERMIT FOR 4185 DEL RIO ROAD Property Owner: Bryan Matts, 4185 Del Rio Road, Atascadero, CA 93422 Project Title: PLN 2008-1296, Conditional Use Permit 2008-0230 Project 4185 Del Rio Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-073-032 Project The project consists of an application for a Minor Conditional Use Permit for a garage Description: which exceeds 50% of the size of the main residence. The main residence is 1,244 sq. ft. and the proposed garage (as built) is at 1,688 sq. ft. Section 9-6.106 of the Municipal Code allows detached accessory structures that exceed size requirements subject to the approval of a Minor Conditional Use Permit. General Plan Designation: SE (Suburban Estate) Zoning District: RS (Residential Suburban) Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Proposed Construction or Conversion of Small Structures) exempts construction and location of Environmental limited numbers of new, small facilities or structures, including accessory structures such Determination: as garages and carports. Associate Planner, Callie Taylor, gave the staff report. Associate Planner Callie Taylor and Community Development Director Warren Frace answered questions of the Commissioners. Commissioner O'Grady stated he voted against the agenda tonight because he feels this is a code violation infraction and not a request for a Conditional Use Permit. PUBLIC COMMENT Bryan Matts, applicant, stated he had obtained a permit to do electrical work and then found dry rot as well as extensive work that needed to be done. At that point, he had a building inspector investigate the necessary requirements, who suggested he have an inspection thereby triggering the violation report. He was unaware of any violation at that time. Mr. Matts answered questions of the Commissioners. Chairperson Fonzi closed the Public Comment period. There was further discussion by the Commissioners and staff answered more questions as to whether or not the toilet, sink, and shower should remain in the second structure. Commissioner O'Grady received an email from Nancy and David Wickersham, who are possibly neighbors, and are not present. He stated the Wickershams wanted it on record that they feel the non -permitted second unit should be removed and the non- conforming garage is out of character for the neighborhood and site. PC Draft Minutes of 10-07-08 Page 4 of 7 Commissioner O'Keefe agrees that aesthetically it is not a pleasing building, but there was no provision against building the garage this way when it was built; and because the first unit is in front, it is not that noticeable. Commissioner O'Keefe feels it would be onerous to require them to remove the building. Commissioner O'Keefe felt the shower should be removed, but the sink and toilet should be permitted for convenience. Commissioner O'Keefe stated that it would be unfair to the applicant to be asked to remove the structure because the violation was triggered when he was trying to improve the property. Commissioner Heatherington agrees about removing the shower. Commissioner Moreno concurs with removing the shower. Vice Chairperson Jack suggested they require removal of the heating and air conditioning also, because it is a shop not a residential use. Commissioner Marks agreed with removing the shower, but wants the toilet removed in addition. Chairperson Fonzi asked staff questions in regard to the existing septic system compliance. PUBLIC COMMENT (REOPENED): Bryan Matts answered questions on the approved septic report and stated the rear unit is connected and inspected. The front house is a two-bedroom and the rear unit is one bedroom, and applicant will live in the front house. Also, both units are on one electrical meter. Chairperson Fonzi closed the Public Comment Period. MOTION: By Commissioner O'Keefe to adopt Resolution PC 2008-0050 approving Conditional Use Permit 2008-0230 (PLN 2008-1296) based on findings and subject to Conditions of Approval and that the shower shall be removed. There was further discussion on removal of the bathroom. Chairperson Fonzi asked for a second. Motion is seconded by Commissioner Moreno. Further discussion was held regarding the concern of an illegal second unit, but no changes were made to the original motion. Chairperson Fonzi called for the vote. Motion passed 7:0 by a roll -call vote. PC Draft Minutes of 10-07-08 Page 5 of 7 COMMUNITY DEVELOPMENT STAFF REPORTS None. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady and Commissioner O'Keefe spoke about the CUP being used as a remedy for infractions of the Municipal Code and the fact that they are uncomfortable with this usage and would like some direction from staff on what should be handled as a CUP and what is consistent with a code infraction. Community Development Director Warren Frace stated he understands there are two issues: the appearance of second units and the code enforcement relief. He stated those both are City Council policy decisions and staff is working under City Council direction on both issues. Currently, we do not do appearance reviews on any accessory structures because it is the City Council's policy they do not want that; and the City Council would need to change that policy. As for code enforcement, staff is working under direction of the City Council and the City Attorney on how to deal with these cases, and have been directed to work with these cases to try to get voluntary compliance to avoid costly litigation as much as possible. Commissioner Moreno asked about the email sent from Annette Manier on the October 23rd site visit and stated she would be available at 5:30 p.m. Chairperson Fonzi asked the Commissioners to email Warren Frace after they have checked their respective calendars. Commissioner Heatherington requested a presentation by the Regional Water Quality Control Board and on the Storm Water Management Plan insofar as we gave the RWQCB public comment time and not presentation time; and further requested a presentation from the Parks Commission on parks and trails as well as the U.S. Fish and Wildlife regarding the implications of the red -legged frog habitat. DIRECTOR'S REPORT • Community Development Director Warren Frace stated the next meeting of the Planning Commission is October 21, 2008, with only one item; and because that item may not be ready, the meeting could be cancelled. The following meeting is scheduled for November 4, 2008, which is election night, which may be cancelled as well. PC Draft Minutes of 10-07-08 Page 6 of 7 • The Basin Plan and the Storm Water Management Plan are both on the next City Council agenda as separate items, where staff will update the Council and ask for direction. • The report on Trails and Parks is on the list for presentations and is being coordinated with Community Services. • As for the signal poles stored on Morro Road, Deputy Public Works Director David Athey contacted Caltrans who indicated they are Caltrans' poles, they are in the Caltrans' right-of-way, it is part of the Highway 41 project, and Caltrans has no other location for the poles at this time. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 9:16 p.m. to the next regularly scheduled meeting of the Planning Commission on October 21, 2008. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 08\PC Draft Minutes 10 07 08 (2).doc PC Draft Minutes of 10-07-08 Page 7 of 7 CALL TO ORDER ITEM NUMBER: 2 DATE: 12-2-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, October 21, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Vice Chairperson Jack led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Keefe, and Chairperson Fonzi Absent: Commissioner Heatherington and O'Grady (excused) Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Community Services Director Brady Cherry, and Interim Deputy Public Works Director Geoff English APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack seconded by Commissioner Marks to approve the agenda. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 10/21/2008 Page 1 of 6 PUBLIC COMMENT Mayor Mike Brennler stated that he did not want to speak on issues of planning or land use, but he wanted to speak to the issue of honesty and integrity and to defend his character. Mayor Brennler explained that he was referring to an email, dated June 8, 2008, from Al Fonzi, that was sent to a reporter. Mayor Brennler read a portion of the email to the Commission in which Mr. Fonzi states that Mayor Brennler uses physical intimidation to make a point, and that he has done this to his wife on one occasion. Mayor Brennler requested a public repudiation of the allegations in the email. (Exhibit A) Jim Shannon spoke of his disappointment with a member of Commission who needs to step down before accusing City staff of wrongdoing. Mr. Shannon said this Commissioner represents the City and her actions are an embarrassment to the community. Jim Shannon asked the Commissioners to express what they feel their responsibilities are to the community, as he is very concerned with the bitterness and hatred. Chairperson Fonzi closed the Public Comment Period. Vice Chairperson Jack spoke to Mr. Shannon's comments and stated he is only interested in what is best for the City, his personal agendas are set aside, and he listens to the public and the applicants. Vice Chairperson Jack spoke about his obligation to the citizens to do what is right in his service to the City of Atascadero. Chairperson Fonzi asked Mayor Mike Brennler to speak to her after meeting regarding his email, as this was not the proper venue for this discussion. PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS: • Vice Chairperson Jack meet with Bob Friedrickson, the applicant on Item No. 2 on Santa Cruz Road and would suggest after visiting property and with what has been going on in the county in regard to the water, each Commissioner should go out and look at the property because it is unusual and raises some issues. • Commissioner O'Keefe visited the property, but the gate was locked. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 16, 2008. PC Draft Minutes 10/21/2008 Page 2 of 6 MOTION: By Vice Chairperson Jack seconded by Commissioner Moreno to approve the Minutes of the Regular Planning Commission Meeting of September 16, 2008, as amended. Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 2. PLN 2008-1299, CONDITIONAL USE PERMIT FOR 8600 SANTA CRUZ RD. Property Owner: Robert & Johanna Friedricksen, 8600 Santa Cruz Rd., Atascadero, CA 93422 Project Title: PLN 2008-1299 / Conditional Use Permit 2008-0231 Project 8600 Santa Cruz Rd., Atascadero, CA 93422 Location: APN 050-081-015 (San Luis Obispo County) Project The proposed project includes an application to construct a 1,976 square -foot garage with Description: loft area which exceeds 50% of the size of the main residence. General Plan Designation: Rural Estate Zoning District: Residential Suburban Proposed Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Environmental Construction or Conversion of Small Structures) exempts construction and location of limited numbers of new, small facilities or structures, including accessory structures such Determination: as garages. Community Development Director Warren Frace indicated Item No. 2 would need to be continued to a date uncertain. COMMUNITY DEVELOPMENT STAFF REPORTS 3. CITY PARK AND TRAIL SYSTEM BRIEFING Community Development Director Warren Frace introduced Community Services Director Brady Cherry, who gave a presentation on the parks, recreation facilities, and trails available in Atascadero and answered questions of the Commissioners. PUBLIC COMMENT: Tom Johnson asked about overflow basin in Colony Park. Community Services Director Brady Cherry indicated occasionally the overflow basin comes into play, and a new basin is being engineered. Interim Deputy Public Works Director Geoff English stated when the affluent flows into the overflow basin, gravity feeds it back into the system. It is currently unlined and the new system will be lined. PC Draft Minutes 10/21/2008 Page 3 of 6 Chairperson Fonzi closed the Public Comment Period. Commissioner O'Keefe questioned whether the Yellow Star Thistle is overtaking the creek and the need for control measures as well as the use of herbicides in the creek area. Interim Deputy Public Works Director Geoff English stated staff is aware of a substantial Star Thistle problem, but does not have sufficient resources at this point to manage it, and it will be a focus of the trail planning. Further, the City specifically does not use herbicides as it is near the creek. In regard to the open space at Las Lomas, it has not yet been turned over to the City, but will eventually be in a Landscaping and Lighting District. Chairperson Fonzi asked about possible easements over private property. Community Services Director Brady Cherry said he is unaware of any plans for such easements. Chairperson Fonzi asked about youth volunteers to perform creek clean up, wherein Community Services Director Brady Cherry indicated they have plans for high school and court appointment referrals to do clean up as well as Eagle Scouts, Boy Scouts and Cal Poly students. Chairperson Fonzi asked whether the trails between EI Camino Real heading down toward the river would be established in a Creek Reservation Area or on private property. Community Services Director Brady Cherry stated all the contemplated trails would be in the right-of-way and there are no plans to use private property easements in completion of western reach of these trails. PUBLIC COMMENT: Jim Shannon commended staff on their report and hard work. He asked about safety issues and costs for maintaining the trails because the overflow during storms will wipe out the trail. He also stated with people walking along the trail, there will be a trash problem as well as animal waste and wondered how that will be handled. Mr. Shannon is concerned about violent crimes and the homeless problem. Chairperson Fonzi closed the Public Comment Period. Community Services Director Brady Cherry answered Mr. Shannon's concerns stating staff has no funding for maintenance and has told the City Council it will cost $30,000 per year for maintenance. Mr. Cherry stated staff is requesting the City Council address funding to cover maintenance of those projects being passed. PC Draft Minutes 10/21/2008 Page 4of6 COMMISSIONER COMMENTS AND REPORTS: Commissioner O'Keefe asked Community Development Director Warren Frace about Kennedy Motorcycle's move and when the CUP expires. Community Development Director Warren Frace stated the CUP runs with the land and he will check on the expiration issue and report back to the Commission. Commissioner Moreno asked staff about a public workshop for the Basin Plan before the hearing of the Water Quality Control Board and if a date has been set. Community Development Director Warren Frace indicated a tentative date for the week of November 10th has been discussed. Chairperson Fonzi asked Commissioner O'Keefe if this Saturday is the Day of the Oak. Commissioner O'Keefe stated the Atascadero Native Tree Association and the City of Atascadero will host the program called the Day of the Oak at the Atascadero Lake Pavilion which starts at 9:00 a.m. and the public is invited. DIRECTOR'S REPORT: • Community Development Director Warren Frace stated the November 4, 2008, meeting is cancelled as it is election night; and the next meeting will be November 18, 2008 however, at this point, there are no items on the agenda. • Mr. Frace stated staff is working on the workshop for discussing the Basin Plan and working with the Regional Board on the Storm Water Management Plan and have asked for additional time beyond the deadline of the end of November for the purpose of some public outreach. • Community Development Director Warren Frace updated the Commission on on-going projects such as Sylvester's Burgers which has all their building permits in place and is under construction; Rite Aid's project is close to being ready; the Carl's Jr. as well is nearly ready to start construction; and the Jack - In -The -Box by the Holiday Inn Express has submitted their building permits which are in plan check. • As for the Colony Square project, Community Development Director Warren Frace stated staff is working with their architects on some revisions on the theatre. PC Draft Minutes 10/21/2008 Page 5 of 6 ADJOURNMENT: Chairperson Fonzi adjourned the meeting at 8:25 p.m. to the next regularly scheduled meeting of the Planning Commission on November 18, 2008. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary The following exhibits are available for review in the City Clerk's office: Exhibit A — Copy of an email from Ms. Velie (velie .uncoveredslo.com) dated June 8, 2008, from Al Fonzi and forwarded to Mayor Brennler (brennbo(a-)aol.com) by Ms. Velie. PC Draft Minutes 10/21/2008 Page 6 of 6 ITEM NUMBER: 3 DATE: 12-2-08 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT DRAFT Planning Commission Meeting Schedule 2009 MEETING DATE MEETING TYPE TIME LOCATION: City Hall • , .- .. . January 6 Regular 7:00 p.m. January 20 Regular 7:00 p.m. " February 3 Regular 7:00 p.m. " February 17 Regular 7:00 p.m. March 3 Regular 7:00 p.m. " March 17 Regular 7:00 p.m. April 7 Regular 7:00 p.m. " April 21 Regular 7:00 p.m. " May 5 Regular 7:00 p.m. " May 19 Regular 7:00 p.m. " June 2 Regular 7:00 p.m. " June 16 Regular 7:00 p.m. " July 7 Regular 7:00 p.m. " July 21 Regular 7:00 p.m. " August 4 Regular 7:00 p.m. " August 18 Regular 7:00 p.m. September 1 Regular 7:00 p.m. It September 15 Regular 7:00 p.m. it October 6 Regular 7:00 p.m. It October 20 Regular 7:00 p.m. it November 3 Regular 7:00 p.m. it November 17 Regular 7:00 p.m. December 1 Regular 7:00 p.m. " December 15 Regular 7:00 p.m. \\Cityhall\cdvlpmnt\PC Meeting Schedule\PC Draft Meeting Schedule 2009.doc 6907 EL CAMINO REAL, ATASCADERO, CA 93422 . (805) 461-5000 • FAX (805) 461-7612 ITEM NUMBER: 4 DATE: 12-2-08 Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org PLN 2008-1306 Conditional Use Permit: Preschool 8705 Santa Lucia Road (Megan and Jeramie Smith) SUBJECT: The project consists of an application to establish a preschool for up to 40 total enrolled children in a residential neighborhood. The property is currently used as a large family daycare for up to 18 children and a single-family residence. RECOMMENDATION: Planning Commission adopt Resolution PC 2008-0052 approving PLN 2008-1306 (Conditional Use Permit) based on findings and subject to Conditions of Approval and Mitigation Monitoring. Situation and Facts 1. Owner: Megan and Jeramie Smith, 8705 Santa Lucia Rd., Atascadero, CA 93422 2. Project Address: 8705 Santa Lucia Ave., Atascadero, CA 93422 (San Luis Obispo County) APN 054-073-024 3. General Plan Designation: Single -Family Residential (SFR -Z) 4. Zoning District: Residential Single -Family (RSF-Z) 5. Site Area: 0.945 acres net 6. Existing Use: Single -Family Residence/Large Family Day Care 7. Environmental Status: Mitigated Negative Declaration DISCUSSION: Project Definition The proposed project consists of a request to establish a preschool facility serving up to 40 enrolled children. Currently the property is used as a large family daycare for up to 18 children and a single-family residence. The Atascadero Municipal Code conditionally allows schools and preschools in the Residential Single -Family Zone subject to Planning Commission review. Background A Proiect Location r Santa Lucia Rd. ANALYSIS: Surrounding Land Use and Setting: North: Single -Family Residential South: Single -Family Residential East: Single -Family Residential West: Single -Family Residential Preschools are permitted with the approval of a Conditional Use Permit which allows the Planning Commission and the surrounding neighbors a chance to review the proposal to determine compatibility with the existing neighborhood and include any conditions or project design changes that may mitigate potential impacts. Preschools standards are listed in Municipal Code Section 9-6.125 and are as follows with staff comment provided in response to each item: (c) Preschools and Child Day Care. The following standards apply in addition to the state licensing requirements in Title 22 of the California Administrative Code. (1) Minimum Site Area. Six thousand (6000) square feet where a facility is to accommodate seven (7) or more children. Staff Comment: The property is approximately 1 -acre in size, exceeding this minimum site area. (2) Site Design Standards. (i) Fencing. All outdoor play areas are to be enclosed with fencing a minimum of four (4) feet high: provided that such fencing is to be solid and a minimum of six (6) feet in height on any property line abutting a residential use on an adjoining lot. Staff Comment: The property is currently fenced. The backyard play area is fenced with a solid 6 -foot high fence along the side property line adjacent to the neighboring residential property. The play area includes a transparent fence facing the rear half of the property and fencing of the rear half of the property is transparent. A neighbor has expressed concerns related to the noise generated from the requested intensification of use. While the current fencing meets the Municipal Code requirements, the Planning Commission has the authority to add any additional requirements necessary to mitigate neighborhood impacts. (ii) Parking and Loading Requirement. For facilities with six (6) or less children, no requirement other than that normally required for a residence; for facilities with seven (7) to twelve (12) children, an off-street drop-off area is to be provided with the capability to accommodate at least two (2) cars, in addition to the parking normally required for the residence; to be established through conditional use permit approval for facilities with more than ten (10) children. Staff Comment: Parking is analyzed in the following section. Parkina / Traffic / Circulation The increase from 18 clients to potentially 40 clients and elimination of the existing single-family use will create additional trips at peak hours but is not expected to create an overall substantial increase in traffic. The proposed preschool has created a pick-up and drop-off schedule to reduce traffic congestion during peak hours. Parents/guardians will drop-off children at 6:30, 7:30, and 8:30 a.m., and pick-up children at 3:00, 4:00, and between 4:30 and 5:30 p.m. All drop-offs and pick-ups take approximately 10 minutes. The parking area has been designed to provide 2 spaces reserved for picking -up and dropping -off preschool attendees. In addition, the new parking lot design will allow vehicles to front out onto Santa Lucia, eliminating the current situation of backing out of the existing driveway. The new driveway location has been reviewed by a registered engineer and the driveway as proposed, exceeds sight -distance standards based on the speed limit on Santa Lucia. Per the Atascadero Municipal Code, the Planning Commission has the authority over determining the required number of parking spaces for preschools with greater than 10 children. The site includes 11 total parking spaces, which accommodates visitors and employees, and the dedicated loading spaces. The operator anticipates 3 full-time employees for the preschool, leaving 6 spaces (5 regular spaces + 1 handicap space) free for visitors in addition to the 2 drop-off spaces. For comparison, the Montessori Preschool on Monterey Road has 100 children enrolled and provides a total of 14 parking spaces (including drop-off spaces). Site Design The existing building is not proposed to be modified beyond those upgrades required for the change in building occupancy. The site currently contains a concrete play area, grass play area, and sandbox on approximately half of the property. The rear half of the property has an animal pen and is less formally landscaped than the play areas. The most significant change to the property will be in the front yard with the expansion of the parking area to meet parking and turn -around standards. The parking area is conditioned to have a pathway from the parking stalls to the front door of the building and will include new landscaping along Santa Lucia Avenue. Septic Design The project site currently contains a 1200 gallon tank with two leach field locations, one in the front yard and an overflow leach field in the rear. The septic system is currently operational and handles the existing single-family house and the large family daycare. Based on the information provided, the septic system is adequate for the proposed preschool use. A full analysis of the health and sizing of the system is conditioned to be performed prior to operation of the preschool. General Plan Consistency The proposed project is consistent with the following General Plan Housing Element Policy: Policy LOC 14.2: Attract new development and land uses that provide jobs and services for residents, provided that those uses are consistent with the City's character. Policy LOC 15.9: Ensure high quality educational facilities and services are provided to the community. In staff's opinion the proposed 40 -client preschool facility is consistent with the surrounding neighborhood and will not create significant impacts to neighborhood traffic with elimination of the single-family use and redesign of the parking area. The Fire Department has reviewed the site and has determined that there is adequate emergency access from Santa Lucia Avenue and has conditioned the project to provide building upgrades necessary for the change in occupancy. 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 and policies 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 increase in child -aged 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 Mitigated Negative Declaration was circulated to interested parties and neighboring property owners on November 4, 2008. The review identified impacts to noise and traffic and mitigation measures were included to reduce the level of impact. Mitigation Measures are included in the attached resolution for adoption. Conclusion The proposed project is a request to establish a preschool for up to 40 enrolled children in a residential neighborhood. The proposed increase will not create substantial impacts to the surrounding neighborhood and/or environment. The use is compatible with the Residential Single -Family Zoning Designation and will increase in opportunities to children and parents/guardians. 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 Single -Family and would be allowed to continue to operate as a single-family residence and large family day care. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Existing Site Photos Attachment 3: Mitigated Negative Declaration Attachment 4: Draft Resolution PC 2008-0052 Attachment 1: Location Map, General Plan and Zoning Zoning: RSF-Z (Residential Single -Family) General Plan Designation: SFR -Z (Single -Family Residential) V-11 44 t. �- � ` •--.— �i 'r -! d kik t ,i � - rr� y Attachment 3: Mitigated Negative Declaration See attached ATTACHMENT 4: Draft Resolution PC 2008-0052 DRAFT RESOLUTION PC 2008-0052 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2008-1306, A REQUEST TO ESTABLISH A 40 -CHILD PRESCHOOL FACILITY LOCATED AT 8705 SANTA LUCIA ROAD APN 054-073-024 (Smith) WHEREAS, an application has been received from Megan and Jeramie Smith, 8705 Santa Lucia Rd., Atascadero, CA 93422, (Owner and Applicant), to consider the establishment of a 40 -child preschool facility at the site of an existing 18 -child day care facility at 8705 Santa Lucia Rd. (APN 054-073-024); and, WHEREAS, the site's current General Plan Designation is Residential Single -Family (RSF-Z); and, WHEREAS, the site's current zoning district is Single -Family Residential (SFR -Z); and, WHEREAS, school or preschool facilities is a Conditional Use in the SFR -Z Zone; and, WHEREAS, A Mitigated Negative Declaration has been prepared for the project in accordance with 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 December 2, 2008 studied and considered the PLN 2008-1306; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. 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 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 2, 2008 resolved to approve the PLN 2008-1306 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Proposed Site Plan On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PLN 2008-1306 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning BL: Business License Services BS: Building 8705 Santa Lucia Ave. GP: Grading Permit Services PLN 2008-1306 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 maximum 40 -child preschool FM PS located at 8705 Santa Lucia (APN 054-073-024) regardless of owner. 2. The approval of this use permit 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. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) BP/FM 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. 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. The facility shall meet or exceed all standards as required by the UBC Ongoing BS/FM and any superseding local ordinances related to building safety and/or fire codes and regulations. 7. The preschool shall maintain a staggered pick-up and drop-off schedule with a minimum of 3 drop-off and pick-up times scheduled to accommodate a maximum of 1/3 of the clients or 10 per time, whichever is greater. 8. Carpooling shall be encouraged and the facility shall maintain a carpool sign-up list within the office/entry area. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building 8705 Santa Lucia Ave. GP: Grading Permit Services PLN 2008-1306 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 9. A pathway shall be provided along the eastern edge of the parking lot for pedestrian travel from vehicles to the front of the building. 10. A landscape plan shall be submitted with building permits for approval which shall include landscaping along the Santa Lucia frontage and throughout the parking lot area. EXHIBIT B: Proposed Site Plan ITEM NUMBER: 5 DATE: 12-2-08 Atascadero Planning Commission Staff Report — Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org 5145 EI Camino Real PLN 2008-1307 / AUP 2008-0042 Changeable Copy Signage (Hawkins) SUBJECT: A request to allow changeable copy signage for an existing gas station/liquor store (Stagecoach Liquor) located at 5145 EI Camino Real. RECOMMENDATION: This is the first AUP request for changeable copy signage on record with the City. Although there are existing non -permitted changeable copy business signs in the City, they have not been required to comply with the Municipal Code. However, staff is currently seeking compliance of these signs and working with business owners to either remove these signs or at minimum, submit an AUP application for their changeable copy signs. Approval an AUP could bring individual changeable copy signs into compliance on a case by case basis. Because this request is the first of its kind, staff is requesting Planning Commission direction on how to proceed. Attached are two resolutions, one for approval and one for denial for this specific request. Staff will use the action taken on this item in our analysis of future requests. Conditions of approval can include size and location restrictions. The Planning Commission can modify and/or add conditions to this request should the Commission choose to approve the requested changeable copy signage. 1. Adopt resolution PC 2008-0053 approving a request for changeable copy signage, subject to conditions of approval. 2. Adopt resolution PC 2008-0053 denying the request for changeable copy signage. Print Date: 11/26/08 File: AUP 2008-1307 PCSR.kg.doc SITUATION AND FACTS: 1. Applicant/Owner: 2. Project Location: 3. General Plan Designation 4. Zoning District: 5. Environmental Status BACKGROUND: ITEM NUMBER: 5 DATE: 12-2-08 Mike Hawkins 5205 Carrizo Rd., Atascadero, CA 93422 5145 EI Camino Real, Atascadero, CA 93422 APN 029-302-048 General Commercial (GC) Commercial Retail (CR) Categorically Exempt Section 15305 On October 29, 2008, an AUP hearing was held to review a request by the applicant and owner of Stagecoach Liquor to allow for color banding on the existing gas station canopy and changeable copy signage. The Deputy Community Development Director presided over the hearing, and the Community Development Director approved the request for color banding on the gas station canopy. The Director, however, chose not to approve the request and refer the request for changeable copy signage to the Planning Commission due to the fact that the changeable copy signage has not been approved in Atascadero to date. Approval of this signage type would likely set a precedent for future business owners to request similar changeable copy signage. ANALYSIS: Per the Atascadero Municipal Code, the applicant may apply for additional signage including changeable copy signage. This changeable copy signage would be in addition to the standard pricing signs for gas stations. The City has not currently received any applications requesting nor allowed changeable copy signage for any businesses within the City although the AUP process allows for its consideration. The attached resolution for approval contains conditions of approval related to the location and size of such signage should this portion of the AUP be approved. The applicant currently uses a number of banners to advertise prices and goods sold on-site. Staff has been working with the applicant in addition to many businesses along EI Camino Real to bring banner displays into conformance with the Municipal Code which allows for one banner to be displayed at a time for a maximum of 30 -days. The ITEM NUMBER: 5 DATE: 12-2-08 banner must be located flat on the wall of a commercial building and must be down for a minimum of 60 -days before another banner can be displayed. The applicant has stated that advertisement of current prices is vital to his business as prices are subject to change regularly. Staff is aware of other gas stations with convenience stores that use banners and other more permanent changeable copy signs to advertise goods and prices, however, none of these signs are permitted. Staff is currently working with business owners to comply with the regulations by eliminating the signs or requesting consideration of their signage through the AUP process. Staff anticipates future request for similar signage, and direction provided by the Planning Commission will assist staff in future determinations on the requested signage. Changeable Copy Signage The applicant is requesting that a certain number of banners in specified locations be permitted through this process. Staff recommends that any changeable copy signage be smaller per sign and more permanent in nature. Staff would also recommend that signs be framed in some way to formalize the signs and eliminate the look of temporary banners or displays. Currently, the Atascadero Municipal Code allows for one temporary banner sign of a maximum size of 40 square -feet. The banner can only be up for 30 -days and must be down for 60 -days before a banner can be displayed again. All banners must be secured against a building wall. If the Commission chooses to approve the request, staff recommends that the Planning Commission consider this maximum size limit on temporary banners in their deliberations related to the more permanent changeable copy sign request and that multiple smaller sized signs be considered. ENVIRONMENTAL REVIEW: Class 5 of the California Environmental Quality Act (CEQA) (Section 15305) exempts minor alterations in land use limitations. FINDINGS FOR APPROVAL: ITEM NUMBER: 5 DATE: 12-2-08 The Planning Commission must make the following findings to approve the signage request: 1. The proposed project is determined to qualify for a Class 5 Categorical Exemption from the California Environmental Quality Act (CEQA), consistent with Section 15305. 2. The proposed project, as conditioned, is consistent with the General Plan. 3. The proposal, as conditioned, will not 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. 4. The proposal will be consistent with the character of the immediate neighborhood. 5. The proposed project will not result in the authorization of a use not otherwise allowed. 6. The proposed project will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. 7. The need for such signing is based on the purposes set forth in Section 9- 15.001. 8. The opportunity to combine signs for more than one (1) use on a single sign structure has been considered. PREPARED BY: Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1: Resolution PC 2008-0053 (Approval) Attachment 2: Resolution PC 2008-0053 (Denial) Attachment 1: Resolution PC 2008-0053 AUP 2008-0042; 5145 EI Camino Real RESOLUTION PC 2008-0053 RESOLUTION TO APPROVE ADMINISTRATIVE USE PERMIT 2008-0042 TO ALLOW CHANGEABLE COPY SIGNAGE FOR AN EXISTING COMMERCIAL BUSINESS LOCATED AT 5145 EL CAMINO REAL (HAWKINS) WHEREAS, an application has been received from Mike Hawkins, 5205 Carrizo Road, Atascadero, CA 93422 (Applicant/Owner), to allow additional signage for an existing commercial business, located at 5145 El Camino Real. Atascadero, CA 93422 (APN 029-302-048); and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); and, WHEREAS, the site's current zoning district is Commercial Retail (CR); and, WHEREAS, the project is Class 5 Categorically Exempt for minor changes in land use limitations in accordance with 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 Administrative 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 December 2, 2008 studied and considered the AUP 2008- 0042 and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: Print Date: 11/26/08 File: AUP 2008-1307 PCSR.kg.doc SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 5, Section 15305 of the California Environmental Quality Act. SECTION 2. Findings for approval of AUP 2008-0042. The Planning Commission finds as follows: 1. The proposed project is determined to qualify for a Class 5 Categorical Exemption from the California Environmental Quality Act (CEQA), consistent with Section 15305; 2. The proposed project, as conditioned, is consistent with the General Plan; 3. The proposal, as conditioned, will not 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; 4. The proposal will be consistent with the character of the immediate neighborhood; 5. The proposed project will not result in the authorization of a use not otherwise allowed; 6. The proposed project will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; 7. The need for such signing is based on the purposes set forth in Section 9-15.001; 8. The opportunity to combine signs for more than one (1) use on a single sign structure has been considered. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 2, 2008 resolved to approve the AUP 2008- 0042 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 Exhibit A: Conditions of Approval PLN 2008-1307/AUP 2008-0042 5145 EI Camino Real Condition Of Approval Timing Responsibility PLN 2008-1307/AUP 2008-0042 /Monitoring 5145 EI Camino Real BL: Business License BP: Building Permit PS: Planning Services TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Standard Conditions 1. The granting of this Administrative Use Permit shall apply to On Going PS, BS 5145 EI Camino Real, APN: 029-302-048 BP PS 2. The approval of this use permit shall become final and effective for the 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. Ongoing PS 3. Changeable copy signage shall be allowed subject to the following: • Signage shall be a maximum combined square - footage of 24 square -feet • Signage shall be located on the main building or the colonnade posts. No signage shall be permitted on the fence or gas station canopy. • No more than 4 individual signs shall be permitted at any given time. Each sign shall be a maximum of 6 square -feet Attachment 2: Resolution PC 2008-0053 AUP 2008-0042; 5145 EI Camino Real RESOLUTION PC 2008-0053 RESOLUTION TO DENY ADMINISTRATIVE USE PERMIT 2008-0042 TO ALLOW CHANGEABLE COPY SIGNAGE FOR AN EXISTING COMMERCIAL BUSINESS LOCATED AT 5145 EL CAMINO REAL (HAWKINS) WHEREAS, an application has been received from Mike Hawkins, 5205 Carrizo Rd. Atascadero, CA 93422 (Applicant/Owner), to allow additional signage for an existing commercial business, located at 5145 El Camino Real. Atascadero, CA 93422 (APN 029-302-048); and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); and, WHEREAS, the site's current zoning district is Commercial Retail (CR); and, WHEREAS, the project is Class 5 Categorically Exempt for minor changes in land use limitations in accordance with 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 Administrative 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 December 2, 2008 studied and considered the AUP 2008- 0042 and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for denial of AUP 2008-0042. The Planning Commission finds as follows: 1. SECTION 3. Denial. The Planning Commission of the City of Atascadero, in a regular session assembled on December 2, 2008 resolved to deny the AUP 2008-0042: 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