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Home My WebLink AboutPC_2006-09-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, September 19, 2006 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Beraud Vice Chairperson O'Keefe Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner Porter Commissioner Slane PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA 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. 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 five 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) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting September 19, 2006 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 SEPTEMBER 5, 2006. 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 2099-0775/CONDITIONAL USE PERMIT 2005-0156 Owner: Atascadero Homeowners, LLC, Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA Project Title: 93422 Project Title: PLN 2099-0775/Conditional Use Permit 2005-0156 Project 5000, 5020, 5060 Marchant Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-213-011, 012, 014 Project The proposed Amendment consists of an application to replace the approved Description: landscaped passive recreational open space amenity area with a paved parking lot, drive aisle, landscape planters, and additional Tecorida Avenue access. Proposed General Plan Designation: Medium Density Residential Environmental Zoning District: RMF-10/PD-10 Proposed Exemption under the provisions of the California Environmental Quality Act, CEQA Environmental Consistent with Mitigated Negative Declaration 2005-0042. Determination: 3. PLN 2006-1148NARIANCE 2006-0010 Owners: Michael & Teresa Johnson, 9162 Palomar Ave., Atascadero, CA 93422 Project Title: PLN 2006-1148/Variance 2006-0010 Project 9162 Palomar Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-201-007 Project A Variance request to allow a front yard fence to be six (6) feet in height. Fencing Description: within the front setback is currently limited to three (3) feet in height. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Environmental CATEGORICAL EXEMPTION: The project qualifies for a Class 5 Categorically Determination: Exemption under the provisions of the California Environmental Quality Act, CEQA section 15305. Minor Alterations in Land Use Limitations. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS Regular Meeting September 19, 2006 Page 3 of 4 4. PRELIMINARY REVIEW, ROSARIO PD STUDY SESSION Owners: Greg Ravatt & Tina Mayer, 5735 Rosario, Atascadero, CA 93422 James Barton Albrecht & Natalie Mejia, 4518 Hummel Dr., Santa Maria, CA 93455 Applicant: Greg Ravatt, AIA, 5735 Rosario, Atascadero, CA 93422 Project Title: PLN 2099-0789/Zone Change 2005-0109, CUP 2005-0173, TTM 2005-0078 Project 5735/5715 Rosario Ave. Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-252-001 Project The project consists of a Planned Development, Historical Overlay Zone, Master Plan Description: of Development, and Tentative Tract Map to allow for a 10 unit PD overlay development. The existing Historic Colony Home is proposed for restoration as part of the project. General Plan Designation: MDR Zoning District: RMF -10 Proposed Project currently being evaluated by staff. Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on October 3, 2006 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 September 19, 2006 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 5 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: 9-19-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting September 5, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:03 p.m. and Commissioner Slane led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Kelley, Porter, Slane, O'Keefe and Chairperson Beraud Absent: Commissioner Jones Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Fonzi to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT PC Draft Minutes 09/05/06 Page 1 of 5 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 15, 2006. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1. Motion passed 5:0 by a roll -call vote. (O'Keefe abstained) PUBLIC HEARINGS 2. PLN 2006-1115/TENTATIVE TRACT MAP 2006-0087 Owner: Kelly Gearhart, Morro Road Homes, LLC, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: PLN 2006-1115/Tentative Tract Map 2006-0087 Project 8315 Morro Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-242-012 Project The project consists of a proposed condominium map to create five (5) airspace units (3 Description: residential, 1 commercial, 1 mixed-use) on one common lot. The lot is currently under construction. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CP) Proposed Consistent with previously certified Mitigated Negative Declaration 2004-0015. Environmental (GPA 04-0013) Determination: Deputy Community Development Director Steve McHarris gave the staff report. PUBLIC COMMENT Jamie Kirk, applicant's representative, answered questions of the Commission. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to adopt Resolution PC 2006-0080 approving Tentative Tract Map 2006-0087, to establish five (5) airspace units on one legal lot of record, 3 residential units, 1 commercial unit, and 1 mixed-use unit all on one common lot, based on findings and subject to conditions of approval. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 09/05/06 Page 2 of 5 3. PLN 2006-1145/CONDITIONAL USE PERMIT 2006-0192 AMENDMENT Owner: Mission Oaks, 2290 El Camino Real, Atascadero, CA 93422 SLO Garden Partners, LLC, 444 Hi uera St., Ste. 200, SLO, CA 93401 Applicant: Tom Murrell, 505 Higuera St., #105, SLO, CA 93401 Project Title: An Amendment to the Master Sign Program created for the Factory Outlets, CUP 1991-04 Project 2300 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-141-056 Project Proposed revision to the retail center planned sign program, including provision for tenant Description: identification signage on the existing freeway pylon sign. General Plan Designation: CPK (Commercial Park) Zoning District: CPK (Commercial Park) Proposed CEQA Categorical Exemption, Class 1 Existing Facilities. Environmental Determination: Ex Parte Communications ■ Commissioners Fonzi, Kelley, Porter, O'Keefe and Chairperson Beraud stated they had received a telephone call from one of the applicants on Friday. ■ Commissioner Slane stated he had received a call from the applicant, but was out of town and did not respond. Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Tom Murrell, applicant, spoke about plans for the outlet center and explained the reason for the sign request. Pierre Rademaker, Rademaker Designs, reviewed and explained the revised sign program. Mr. Rademaker answered questions of the Commission. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Porter and seconded by Vice Chairperson O'Keefe to adopt Resolution PC 2006-0079 to approve Conditional Use Permit Amendment 2006-0192 based on findings and subject to conditions of approval. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 09/05/06 Page 3 of 5 4. PLN 2099-0878/GPA 05-0015/ZCH 2005-0104, 0105/CUP 2005-0170/TTM 2005-0076 AMENDMENT Owner: The Acacias Development, LLC, 2004 Dallons Dr., Ste. 100, Paso Robles, CA 93446 Applicant: JRW Group, Inc., 2004 Dallons Dr., Ste. 100, Paso Robles, CA 93446 Project Title: PLN 2099-0878/GPA 2005-0015/ZCH 2005-0104, 0105/CUP 2005-0170/TTM 2005-0076 Amendment Project 4705, 4711, 4713 El Camino Real, Atascadero, CA 93422 Location: San Luis Obispo County) APN 029-271-001 Project The project consists of a request to amend previously approved Conditional Use Permit Description: Condition #25 and Mitigation Measure #15a which are both regarding project -specific traffic mitigation and potential future improvements to San Anselmo Road between El Camino Real and U.S. Highway 101. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Consistent with Certified Mitigated Negative Declaration 2005-0063. Environmental Determination: Deputy Community Development Director Steve McHarris gave the staff report and with City Engineer Steve Kahn answered questions of the Commission. PUBLIC COMMENT Chuck Treatch, applicant's representative, spoke about the project. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Slane to adopt Resolution PC 2006-0078 to approve Conditional Use Permit Amendment 2005-0170 based on findings and subject to conditions of approval. Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the next Planning Commission meeting and reminded the Commission of the joint meeting with the City Council on September 26, 2006. PC Draft Minutes 09/05/06 Page 4 of 5 ADJOURNMENT Chairperson Beraud adjourned the meeting at 7:35 p.m. to the next regularly scheduled meeting of the Planning Commission on September 19, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 06\PC Draft Minutes 9-5-06.doc PC Draft Minutes 09/05/06 Page 5 of 5 ITEM NUMBER: r7 DATE: 9-19-06 Atascadero Planning Commission Staff Report - Community Development Department Marchant Ave Condominium Landscape Parking Lot Amendment PLN 2099-0775/CUP 2005-0156 Amendment (5000, 5020, 5060 Marchant Ave. / Gearhart) RECOMMENDATIONS: Planning Commission may either: 1. Adopt resolution PC 2006-0081 approving Conditional Use Permit Amendment 2005-0156 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; or 2. Deny the request, leaving the passive recreational open space amenity area and 8 guest parking spaces as originally approved. REPORT -IN -BRIEF: The proposed Amendment consists of an application to replace the approved landscaped passive recreational open space amenity area with a paved parking lot, drive aisle, landscape planters, and additional Tecorida Avenue access DISCUSSION: Situation and Facts: 1. Owner: Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422 2. Project Address: 5000, 5020, 5060 Marchant Ave, Atascadero, CA 93422 (San Luis Obispo County) APN 030-213-011, 012,014 ITEM NUMBER: DATE: 9-19-06 3. General Plan Designation: Medium Density Residential 4. Zoning District: RMF -10/ PD -10 5. Site Area: 1.55 acres 6. Existing Use: 12 condominium units and parking lot under construction 7. Environmental Status: Consistent with Mitigated Negative Declaration 2005- 0042 Background Surroundina Land Use and Settin North: U.S. Highway 101 South: Multi -Family ResidentialCondo Development East: Multi -Family Residential West: Commercial Tourist Gas Station and Fast Food Restaurant ITEM NUMBER: r7 DATE: 9-19-06 The proposed Amendment is being forwarded to the Planning Commission under the approved CUP 2005-0156 Condition # 3, as follows: The Community Development Department shall have the authority to 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. Under the above -stated condition, staff does not have the authority to approve changes that exceed the 10% rule or result in superior design or appearance, as analyzed below. ANALYSIS: The proposed project is an Amendment to the Master Plan of Development to replace the approved landscaped passive recreational open space amenity area with a paved parking lot, drive aisle, landscape planters, and additional Tecorida Avenue access. APPROVED PROPOSED �Y NARCMANt A�. {od ITEM NUMBER: r7 DATE: 9-19-06 Parking: The approved Master Plan of Development includes a total of 33 parking spaces with a minimum one -car attached garage for each unit and 8 common access parking spaces provided at the center of the site. The proposed Amendment will add 4 more spaces for a total of 14 parking spaces above the code requirement. Landscape: The approved Master Plan of Development includes a landscaped passive recreational open space amenity area with 8 guest parking spaces. The area was approved as a component of the Master Plan of Development for the Planned Development. The approved landscape exhibit identifies a usable lawn area that could be used by residents for passive recreation and open space. The proposed amendment would replace the lawn areas and additional landscape areas with a paved parking lot and access driveway to Tecorida Avenue. Site Access: The Planning Commission approved CUP 2005-0156 for a 12 -unit Master Plan of Development with access from Marchant Avenue into the site and connecting to an adjacent 8 single-family subdivision which has access off of Tecorida. The Master Plan also includes eight parking spaces adjacent to a landscaped passive recreational open space amenity area. When complete, the two subdivisions will total 20 homes with two points of public street access and through circulation. The proposed third access driveway onto Tecorida is not a City requirement. ITEM NUMBER: r7 DATE: 9-19-06 Findings Conditional Use Permit An Amendment to the Master Plan of Development in the form of a Conditional Use Permit Amendment is required per CUP Condition #3. The Conditional Use Permit Amendment process provides the opportunity for the public and the Planning Commission to review the specifics areas of change, such as replacing a recreational open spare with a parking lot and additional driveway. The Planning Commission must make the following five findings to approve the Amendment: 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 General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7 and 2.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development #10 Overlay Ordinance. Staff Comment: As conditioned, the project satisfies all conditional use permit and Planned Development #10 Overlay Zoning. 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 parking lot and additional driveway will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed as an additional place for vehicle parking, is consistent with the surrounding neighborhood uses and with compatible landscaping within the project site and along Tecorida Avenue. 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. ITEM NUMBER: r7 DATE: 9-19-06 Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. 6. 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. 7. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. Staff Comment: The proposed project will enhance the area with additional parking and site access. Conclusion The proposed project is being proposed by the applicant. The Amendment is a requirement of any Municipal Code or Policy. Findings have been prepared if the Planning Commission decides to approve the Amendment. 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. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution PC 2006-0081 ITEM NUMBER: DATE: 9-19-06 Attachment 1: Location Map, General Plan, and Zoning General Plan: Medium Density Residential Zoning: Residential Multi -Family — 10 / PD -10 ITEM NUMBER: DATE: 9-19-06 Attachment 2: Certified Mitigated Negative Declaration 2005-0042 and Initial Study See following ITEM NUMBER: DATE: 9-19-06 ATTACHMENT 3: Draft Resolution PC 2006-0081 Amendment to CUP 2005-0156 DRAFT RESOLUTION PC 2006-0081 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING THE AMENDMENT TO CONDITIONAL USE PERMIT 2005-0156/PLN 2099-0775 ON APN 030-213-0119 0129 0139 014 (5000, 5020, 5060 MARCHANT AVENUE/ KELLY GEARHART) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA) Applicant and Property Owner, to consider a project consisting of an Amendment to CUP 2005-0156/PLN 2099-0775 which is a request to replace the approved landscaped passive recreational open space amenity area with a paved parking lot, drive aisle, landscape planters, and additional Tecorida Avenue access on a 1.55 -acre project site located at 5000, 5020, and 5060 Marchant Avenue (APN 030-213-011, 012, 013, 014); and WHEREAS, the site's General Plan designation is MDR (Medium Density Residential); and, WHEREAS, the Planning site's Zoning District is RMF-10/PD-10 (Residential Multi- family - 10 / Planned Development Overlay Zone #10); and, WHEREAS, the project is consistent with Certified Mitigated Negative Declaration 2005-0042 in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 19, 2006, studied and considered the Conditional Use Permit 2005-0156 (Master Plan of Development), and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: ITEM NUMBER: DATE: 9-19-06 SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -10 Overlay Zone; 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; and 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 19, 2006, resolved to approve Conditional Use Permit 2005-0156 Amendment (Master Plan of Development Amendment) subject to the following: 1. EXHIBIT A: Proposed Site Plan with New Parking Lot, Driveway, and Access 2. EXHIBIT B: Proposed Landscape Plan ITEM NUMBER: F DATE: 9-19-06 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 9-19-06 EXHIBIT B: Proposed Site Plan with New Parking Lot, Driveway, and Access �.a Mf/N�AY 1�t IMADMfT AVrR i 41t - r Proposed with 4 additional parking ; i �' ' i- - ! I spaces (12 total) and new driveway I t: ` r 17 t!t IT r � rI I � a EXHIBIT C: Proposed Landscape Plan ITEM NUMBER: 2 DATE: 9-19-06 � � z #3zz 5 I & I a a - u 5 N I C" W A Y 1 0 1 MARCHANT AVENUE Proposed with 4 lo ■' 0'Op�� ii!i additional parking spaces (12 total) and new driveway and ITEM NUMBER: 3 DATE: 9-19-06 Atascadero Planning Commission Staff Report - Community Development Department PLN 2006-1148/Variance 2006-0010 Front Yard Fence Height (9162 Palomar Avenue/Johnson) SUBJECT: A Variance request to exceed the 3'-0" fence requirement within the front setback area to allow a 6'-0" fence. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2006-0082 denying PLN 2006-1148/Variance 2006- 0010 based on findings. Situation and Facts: 1. Applicant / Owner: Michael & Teresa Johnson, 9162 Palomar Avenue, Atascadero, CA 93422 2. Project Location: 9162 Palomar Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 029-201-007 3. General Plan Designation: Single -Family Residential —Y (SFR -Y) 4. Zoning District: Residential Single -Family —Y (RSF-Y) 5. Existing Use: Single -Family Residence 6. Environmental Status: Categorical Exemption 15305. Minor Alterations in Land Use Limitations. Background: In March 20, 2006, the City of Atascadero received a complaint concerning the construction of a solid wood fence located within the front setback at 9162 Palomar Avenue. On May 16, 2006, the City Code Enforcement Officer notified the property owner of the violation. The property owner was subsequently contacted as a follow-up to the notification. The owner contacted planning staff concerning the constructed six (6') foot fence and requested approval. Staff provided code requirement information and recommended the fence be lowered to 3 feet in height or removed. The aforementioned alternatives did not meet the owner's criteria for privacy and necessary screening of the front setback. On July 5, 2006, staff again notified the owners of their violation and requested compliance. Staff continued to provide ample time for the owner to respond. On August 25, 2006, the owner applied for a Variance to the fencing and screening height limitations in the Planning and Zoning Ordinance (AMC 9-4.128 (c)(1)). Site photos are provided to identify the non- compliant fence in relation to the public roadway and the front yard setback. Discussion: Based on a letter from the owner (Attachment 4), the subject six (6) foot solid fence is required for privacy issues due to the shape of the lot which is much longer along the Palomar Road frontage than it is deep towards the backyard. The lot shape creates a large front and side yard with a smaller rear yard. Staff has visited the site and reviewed the area, finding that this lot, along with many others varies in property line dimensions and roadway frontage. Although the property is not at the confluence of an intersection, it is along a curved public road. Overall, there appears to be no evidence that this property is significantly different than many properties within Atascadero. Approving a Variance to allow a six (6') foot fence may likely set precedence for properties with similar site layouts and locations. Findings Analysis: Fencing and screening is subject to conform to the Zoning Ordinance for fence height limitations, regardless of existing illegal and nonconforming fences within City limits. In order to approve an exception to the standards contained in the Zoning Ordinance, the Planning Commission must make the required findings for a Variance to allow the existing fence. The findings for the requested Variance are analyzed individually below. 1. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and Zoning District in which such property is situated; and, Staff Comment: The property is zoned for single-family use which allows front fencing. With the single exception of a fence variance granted at 9186 Palomar (T -intersection property), other properties within the vicinity and zoning district are subject to a three (3') foot maximum fence height within the front setback. Staff believes this request would be a grant of special privilege. 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, Staff Comment: Staff recognizes that there are curves in the road and residents have various uses for their yards within the City and within the general vicinity where property fronts City roadways. Staff does not find that the location nor the topography merit a special circumstance for Variance approval. 3. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and Staff Comment subject site. A single-family residence is an allowed use on the 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. Staff Comment: Upon site inspection, it appears that the fence imposes a driveway sight distance constraint when considering the combination of the curved roadway, driveway locations, sloped bank, and fence height. Without removal of the secondary driveway, the fence appears to be materially detrimental to the public welfare, or injurious to nearby property or improvements. CONCLUSION: Based on staff analysis, the requested Variance does not meet required findings #1, #2, and #4 for approval. Staff recommends that the Planning Commission make the required findings for denial of the Variance request. ALTERNATIVES: 1. The Commission may approve the request. 2. The Commission may conditionally approve the request. 3. The Commission may deny the request. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location and Vicinity Map Attachment 2: Aerial of Property Attachment 3: Letter from Applicant Attachment 4: Site Photos Attachment 5: Violation Letter Attachment 6: Draft Resolution 2006-0082 (Approval) Attachment 7: Draft Resolution 2006-0082 (Denial) Attachment 1: Location and Vicinity Map Attachment 2: Aerial of Property T.� ProjectIP _ 9162 Palomar Ave. Are of Fence ,Violation.dr i 4 41— t Attachment 3: Letter from Applicant June 13, 2006 To City Planning Department: We are writing this letter in response to a Notice of Violation, Case #ENF06-0039 we received in the mail. Our home is located at 9162 Palomar Ave. This violation states that our fence is exceeding the permitted height per its location. We have looked into the city standards and feel that our fence and lot are justifiably different. In September of 2005, we replaced a 4 foot badly damaged, falling down fence with a new 6 foot fence. The 10 year old fence was taller than city standards (3 foot) and was put back in the same location. We did not think replacing the old fence was in violation as the old fence which stood for years was already exceeding the city standard. We consider the area enclosed by the fence our sidetback yard. The dimensions of our lot are very different than any other lot on our block. As a pie shaped lot we have a very small backyard. The majority of our usable land is this side area, which we have enclosed for privacy and protection. In the City Standards it states" fencing within a required side and rear yard setback shall be a maximum of six (6) feet in height." By looking at the dimensions of our lot, we would hope our differences would show. Our fence does not create any roadway sight issues. It is located on the top of the small hill which the road wraps around. There are no driveways near it to block their view in pulling out into the street. Our lot is exposed to a lot of street access because of the dimensions of our lot. We enclosed this portion of the lot for privacy and to keep personal belongings safe. We have had items stolen from our property and filed a police report but never recovered the items. Our fence is a great improvement to our house and lot. We are trying to make this house our home, by making it look better with a new fence and making a yard for our soon to arrive daughter and keeping some privacy. We hope by reviewing the lot shape and topography you can see that we're justifiably different and there is no violation. To close we have talked to all our surrounding neighbors. They all stated they have no issue with it. Our neighbors support the new fence in place of the old falling down one. Si ely, ichael and Ter Johnson 9162 Palomar Ave, Atascadero, CA 93422 (805)460-9375 . �,p�,f�rt �.:�. i• - s i. ..-� -. �e�e*�a _.� Attachment 5: Violation Letters City of Ataseadero Fire Department MICHAEL W JOHNSON 9162. PALQMA.R AVE ATASCADERO, CA 93422 5224 RE: Notice of Violation, Case # ENF06-0039 The Fire Marshal/Code Enforcement Officer has reviewed complaints regarding a code violation at your property located at 9162 PALOMAR . The City has determined that the following violation exists. Fencing and Screening 94.128 c) Standards for Fencing and Screening Materials. All fencing and screening shall be constructed as follows: (1) Permit to Exceed Height. Conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height. (2) Location. Fencing shall not be located within any required front setback except where such fencing is three (3) fleet or less in height. Front Setback 94.106 The front setback is measured at right angles from the nearest point on the front property line to the building line. All structures are to be set back a minimum of twenty-five (2 5) feet from the nearest point on the front property line, except where this section establishes other requirements Front setback landscaping and fencing standards are in Sections 9-4.125(a) and 9-4.128, respectively. Reduce fence height to 3' within 25' front setback. You are required to comply with this order and correct the violation(s) within 30 days. If you have not corrected the violation(s) or submit a correction plan to our City Planning Department within the above -stated time, you will receive a fine and/or the violation will be prosecuted as a misdemeanor, pursuant to the Atascadero Municipal Code. Sincerely, Thomas Peterson Fire Marshal/Code Enforcement Attachment 5: Violation Letters (continued) A, _tkr R'F �;° % F ATASCADERO � c , 1,, CITY O 191A'�° F ,' - F- 197a July 5, 2006 Michael and Teresa Johnson 9162 Palomar Avenue Atascadero, CA 93422 RE: Notice of Violation ENF 06-0039 Dear Mr. and Mrs. Johnson: We are in receipt of your letter to our department stating that your front yard replacement fence is not in violation of the Atascadero Municipal Code. Community Development staff has reviewed your letter and finds that your front yard consists of the entire area 25 feet back from Palomar Avenue. A fence no higher than 3 feet may be constructed within this setback area, and any fence taller than 3 feet is in violation of AMC Section 9- 4.128(a) Fencing and Screening, as follows: Fencing and screening materials of a height greater than three (3) feet shalt not be located within a required front setback or side setback adjacent to a street. Staff recommends you either remove the fence or lower the fence to 3 feet in height. Please work with the Code Enforcement Officer regarding the status of compliance by Friday, July 14, 2006. Sincerely, /191p5, Steve McHarris Deputy Community Development Director cc: Tom Peterson T:\McHarris\Michael and Teresa Johnson.doc 6907 EL CAMINO REAL ATASCADERO, CA 93422 (805) 461-5000 FAX (805) 461-7612 ATTACHMENT 6: Draft Resolution PC 2006-0082 Variance Denial DRAFT RESOLUTION PC 2006-0082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, DENYING PLN 2006-1148NAR 2006-0010 A VARIANCE REQUEST TO ALLOW A SIX FOOT FENCE LOCATED WITHIN THE FRONT SETBACK, APN 029-201-007 (9162 PALOMAR / JOHNSON) WHEREAS, an application has been received from Michael and Teresa Johnson, 9162 Palomar Avenue, Atascadero, CA 93422, Applicant and Property Owners, to consider a Variance to allow a six (6') foot fence located in the front setback at 9162 Palomar on APN 029-201-026; and, WHEREAS, the project is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article 19, Section 15305, Class 5; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on September 19, 2006; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to take the following actions: SECTION 1. Findings of Disapproval. The Planning Commission finds that: (i) The Variance constitutes a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; or (ii) There are no special circumstances applicable to the property, including size, shape, topography, location, or surroundings, which would, upon application of this title, deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district. (iv) The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 2. Denial. The Planning Commission does hereby deny PLN 2006- 1148Nariance 2006-0010 from allowing a six (6') foot fence located in the front setback, as identified in Exhibit A. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Resolution PC 2006-0082 Front Yard Fence Location ITEM NUMBER: 4 DATE: 9-19-06 Atascadero Planning Commission Community Development Department — Study Session Preliminary Review Rosario Avenue Planned Development PLN 2099-0789/ZCH 2005-0109 (5715/5735 Rosario Ave. / Ravatt) SUBJECT: The applicant is proposing a Planned Development consisting of 9 new residences and the retention of one existing Colony Home. The existing site slopes significantly toward the rear of the site where the applicant is proposing to construct 5 of the new residences. The applicant is proposing to construct 9 new attached and detached homes on individual lots including the restoration of the existing Colony Home and surrounding gardens. Staff is requesting Planning Commission direction prior to formal review of the project based on the issues and concerns listed below. ISSUES AND CONCERNS: Staff has identified the following items as potential concerns and is requesting Commission direction on how to proceed: 1. Setback: The applicant is proposing reduced setbacks along the shared driveway and the north side of the project. The recently established PD -25 established a minimum 10 -foot setback from the parking court. As a custom Planned Development, the Planning Commission and City Council can approve lessened setbacks than required by the Municipal Code. Staff is requesting direction on an appropriate minimum setback both from the shared driveway and the exterior site boundaries. ITEM NUMBER: 4 DATE: 9-19-06 2. Architectural Detailing: The rear of the site is sloped significantly downhill. The applicant is in the beginning phase of architectural design. Staff is requesting that the Planning Commission direct staff and the applicant to work on design detailing that will enhance the appearance of the proposed units from the parking court and the downhill side. Planning Commission can add specific suggestions as desired. ATTACHMENTS: ■ Elevations ■ Site Plan Attachment 1: Elevations See Following ITEM NUMBER DATE: 9-19-06 Attachment 2: Site Plan See Following ITEM NUMBER DATE: 9-19-06 ITEM NUMBER DATE: 9-19-06