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Home My WebLink AboutPC_2005-12-06_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 6, 2005 — 7:00 P.M. New City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Porter Vice Chairperson Beraud Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner O'Keefe Commissioner Patel PLANNING COMMISSION BUSINESS 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 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) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 15, 2005. 2. APPROVAL OF THE 2006 PLANNING COMMISSION MEETING SCHEDULE City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 2005-0081 Regular Meeting December 6, 2005 Page 2 of 4 Applicant Jeff Dillon, AIA, P O Box 15339, San Luis Obispo, CA 93406 Project Title Tree Removal Permit 2005-0081 Project Location 9705 El Camino Real, Atascadero, CA 93422 APN 030-472-009 Project Description A request to remove one (1) native Live Oak tree 26 -inches in diameter. It has been determined that the oak tree is damaged beyond reclamation by a certified arborist. 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. CONDITIONAL USE PERMIT 2005-0166,1215 EL CAMINO REAL Owner: Boneso Family Trust, P O Box 932, Paso Robles, CA 93447 Project Title: Conditional Use Permit 2005-0166 Project 1215 El Camino Real, Atascadero, CA (San Luis Obispo County) Location: APN 049-042-019 Project An amendment to the original Conditional Use Permit to reconfigure an existing lot line. The proposed Description: lot reconfiguration will separate the existing mobile home park and provide access way in fee to El Camino Real. The proposed lot configuration will require connection to the City's sewer system. General Plan Designation: HDR Zoning District RMF -16 Proposed The project has been determined to be Categorically Exempt according to the provisions of the California Environmental Environmental Quality Act (CEQA). Determination: 5. ROAD ABANDONMENT 2004-0015, EL CAMINO REAL & PRINCIPAL Owner: Westpac Investments, Inc., 805 Aerovista Place, Suite 302, San Luis Obispo, CA 93401 Project Title: Vacation (to vacate) a Paper Alley Project Location: The project is located north of Principal Avenue, west of Pino Solo Road, east of and adjacent to El Camino Real, Atascadero, CA (San Luis Obispo County) Crosses APNs 030-491-013, 015, 016, 017, and 018 Project Request to summarily vacate an unconstructed alley, originally created by Map ADS Additional No. 1 City of Atascadero Planning Commission Agenda Regular Meeting December 6, 2005 Page 3 of 4 Description: as recorded in Book 5 at Page 1 of Maps, County Recorder's Office, San Luis Obispo County. General Plan Designation: MDR/GC Project Title: Zoning District: RMF-10/CR Proposed Consistent with Mitigated Negative Declaration 2004-0024, adopted by the City Council on October 12, Environmental 2004. Determination: Request to expand the conditionally allowable uses within the Commercial Park Zoning District to 6. ZONE CHANGE 2005-0106 Owner: Robert Bennet, c/o Fence Factory, 2419 Palma Drive, Ventura, CA 93003 William Norris, 4580 Farousse Way, Paso Robles, CA 93446 Project Title: Zone Text Change 2005-0106 Indoor Recreation Project All Commercial Park Zoning District within the City of Atascadero, County of San Luis Obispo. (See Location: attached map). Project Request to expand the conditionally allowable uses within the Commercial Park Zoning District to Description: allow for indoor recreational uses with Planning Commission review. General Plan Designation: CPK Zoning District: CPK Proposed Categorically exempt. Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on January 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 December 6, 2005 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: 12-6-05 CITY OF ATASCADERO PLANNING COMMISSION AGENDA DRAFT MINUTES Regular Meeting Tuesday, November 15, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:00 p.m. and Commissioner Kelley led the Pledge of Allegiance ROLL CALL Present: Commissioners Fonzi, Jones, Kelley, O'Keefe, Patel, Beraud and Chairperson Porter Absent: None Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Jeff Van den Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA Chairperson Porter announced that Item #3 has been continued. MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to approve the agenda as amended. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 11/15/05 Page 1 of 9 PUBLIC COMMENT Dean Coker introduced a project he has been working on in Atascadero and distributed a handout showing its conceptual design. (Exhibit A) Chairperson Porter closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 1, 2005. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2005-0071 RECONSIDERATION Applicant: Cori Flickinger, 7459 Valle Avenue, Atascadero, CA 93422 Project Title: Tree Removal Permit 2005-0071 Project Location: 9096 La Canada, Atascadero, CA (San Luis Obispo County) APN 050-021-041 Project A request to remove one (1) 22 -inch native Live Oak tree for the development of a single family Description: residence. Staff Approve removal subject to mitigation. Recommendation: Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Chip Tamagni, project arborist, spoke about the grading for this project and answered questions of the Commission. Steven Alvarez, arborist, spoke about the requested tree removal. Chairperson Porter closed the Public Comment period. PC Draft Minutes 11/15/05 Page 2 of 9 MOTION: By Commissioner O'Keefe and seconded by Commissioner Kelley to adopt Resolution PC 2005-0094 to approve the request to remove one (1) native tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance and direct staff to work with the applicant to narrow the driveway and attempt to preserve the tree. Motion passed 7:0 by a roll -call vote. 3. TREE REMOVAL PERMIT 2005-0079 Applicant: Midland Pacific, 6955 El Camino Real, Ste. 200, Atascadero, CA 93422 Project Title: Tree Removal Permit 2005-0079 Project Location: Del Rio Road Project Description: Request to remove 1- 12"Llive Oak and 1-3" Valley Oak for a total of 2 trees. Staff Recommendation: Approve removal subject to mitigation. This item has been continued. PUBLIC HEARINGS 4. TENTATIVE PARCEL MAP 2004-0059,3325 CHICO ROAD Owner Gloria & Harold Myers, Jr., 3325 Chico Road, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2004-0059 Project 3325 Chico Road, Atascadero, CA Location: (San Luis Obispo County) APN Portion 049-072-004 Project The proposed project consists of a parcel map subdividing one existing lot into two parcels. The Description: existing parcel is developed with a single-family residence and a large agriculture building. The newly created parcel would be available for development of a single family home and a 1,000 square foot secondary residence. The project site is located within the Residential Single Family — Y (RSF-Y) Zoning District. The new parcel will take access from Traffic Way. Onsite septic systems will be used for wastewater and water service will be provided by Atascadero Mutual Water Company. General Plan Designation: RSF Zoning District: RSF-Y (1 acre minimum) Proposed This project is a California Environmental Quality Act Class 15 Categorical Exemption. Environmental Determination: Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PC Draft Minutes 11/15/05 Page 3 of 9 PUBLIC COMMENT Harold Myers, applicant, answered questions of the Commission. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2005-0092 approving Tentative Parcel Map 2004-0059 a request to subdivide one parcel totaling 2.10 acres, into two parcels of 1.08 and 1.02 acres net, based on findings and subject to conditions. Motion passed 7:0 by a roll -call vote. 5. CONDITIONAL USE PERMIT 2005-0166,1215 EL CAMINO REAL Owner: Boneso Family Trust, P O Box 932, Paso Robles, CA 93447 Project Title: Conditional Use Permit 2005-0166 Project 1215 El Camino Real, Atascadero, CA (San Luis Obispo County) Location: APN 049-042-019 Project An amendment to the original Conditional Use Permit for a mobile home park, established in 1968, to Description: facilitate a lot reconfiguration. General Plan Designation: HDR Zoning District: RMF -16 Proposed The project has been determined to be Categorically Exempt according to the provisions of the California Environmental Environmental Quality Act (CEQA). Determination: Commissioner Fonzi stepped down from consideration of this item stating she has a mobile home listed for sale in this park. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jamie Kirk, applicant's representative, discussed the project and answered questions of the Commission. Chairperson Porter closed the Public Comment period. Commissioner Kelley expressed concern that the mobile home owners in the park may not have been informed about this request. PC Draft Minutes 11/15/05 Page 4 of 9 Community Development Director Warren Frace stated that the project was noticed per the city's code. Commissioner O'Keefe stated she would like to hear from the owners that the costs won't be passed on to the mobile home owners in the future. MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to continue this item to a date certain of December 6, 2005, for the applicant to bring back evidence that all of the renters within the park are aware of what is going on and of any possible fee increases that may occur or a statement to the fact that they don't plan on raising the fees for park rents. Staff is directed to notify all tenants of the December 6th meeting. Motion passed 4:2 by a roll -call vote. (Jones, Porter opposed) Commissioner Fonzi rejoined the meeting. 6. VARIANCE 2005-0006 BARRENDA AVENUE/PPN 2005-0188 Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: VAR 2005-0006 Precise Plan 2005-0188, Single -Family residence Project Barrenda Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 028-332-027 Project The project consists of an application to construct one three-story single-family residence on a legal lot Description: of record. The applicant is proposing to locate the garage and residence a minimum of 5 -feet from the front property line to minimize grading and tree impacts. One native tree is proposed for removal. The residence will gain access from Barrenda Avenue. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6905 El Camino Real, Suite Determination: 6, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jamie Kirk, applicant's representative, gave a brief overview of the project and answered questions of the Commission. A handout was distributed showing the elevations of the proposed homes. (Exhibit B) Chairperson Porter closed the Public Comment period. PC Draft Minutes 11/15/05 Page 5 of 9 There was commission discussion regarding the setback and safety issues for the driveway. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2005-0095 approving Variance 2005-0006 based on findings and subject to conditions that 1) that the setback be 20 feet from the property line, and 2) that the applicant work with city staff and utilize something similar to the three story plan that was shown to the Commission tonight. Motion passed 5:2 by a roll -call vote. (O'Keefe, Patel opposed) Commissioner O'Keefe stated for the record that she voted against this motion because she is concerned about the drainage and would like to have had that issue addressed. 7. VARIANCE 2005-0007 ROSARIO AVENUE/PPN 2005-0189 Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: VAR 2005-0007, Precise Plan 2005-0189, Single -Family residence Project Rosario Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 028-331-006, 028-332-001 Project The project consists of an application to construct two three-story single-family residences on two Description: legal lots of record. The applicant is proposing to locate the garage and residence a minimum of 5 -feet from the front property line to minimize grading and tree impacts. Eleven native trees are proposed for removal. The residence will gain access from Rosario Avenue. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6905 El Camino Real, Suite Determination: 6, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jamie Kirk, applicant's representative answered questions of the Commission. Shelley and James Krause stated they live in the lot adjacent to the project site and expressed concern about the drainage from this property, where the water would be directed, and whether an EIR would be required. PC Draft Minutes 11/15/05 Page 6 of 9 Vivian Whitsel indicated she lives down the street from this project and stated this site is a seasonal riparian habitat with substantial water that remains on site through most of the year. She is also concerned about traffic safety on the road. Chairperson Porter closed the Public Comment period. There was Commission discussion regarding drainage, traffic, setbacks, safety, the driveway, tree impacts and the use of a three story home on the site. MOTION: By Commissioner Kelley and seconded by Commissioner Jones to adopt Resolution PC 2005-0096 approving Variance 2005-0007 based on findings and subject to conditions and adding that the garages have a 25 foot setback and that the houses remain the same at 20. Motion passed 6:1 by a roll -call vote. (Beraud opposed) Vice Chairperson Beraud stated for the record that she believes this site should have a three story house. 8. VARIANCE 2005-0008 EL RETIRO AVENUE;PPN 2005-0190 Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: VAR 2005-0008, Precise Plan 2005-0190, Single -Family residence Project El Retiro Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-112-004 Project The project consists of an application to construct one three-story single-family residence on a legal lot Description: of record. The applicant is proposing to locate the garage and residence a minimum of 5 -feet from the front property line to minimize grading and tree impacts. Three native trees are proposed for removal. The residence will gain access from El Retiro Avenue. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6905 El Camino Real, Suite Determination: 6, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jamie Kirk, applicant's representative, commented on Condition #8 and her concerns with safety issues if the frontage is paved. Ms. Kirk answered questions of the Commission. PC Draft Minutes 11/15/05 Page 7 of 9 Steve Ross, EI Retiro resident, expressed concern regarding the condition of EI Retiro Avenue especially when it rains and the safety of the driveway for the proposed house. Larry Arnett, EI Retiro resident, stated that setting this project five feet from the property line is a poor design and would be an eyesore. He was also concerned with the condition of the road and drainage issues. Mel Danielson, EI Retiro resident, spoke about the problem of rocks and mud coming down the road during the rainy season. Chairperson Porter closed the Public Comment period. There was Commission discussion regarding the driveway setback, the possibility of a development credit, abandonment of Linda Vista, and re -vegetation of the area for erosion prevention. MOTION: By Commissioner Fonzi and seconded by Commissioner Jones to continue this project to a date indefinite and allow the developer to come in with some alternatives to include abandonment of the road. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS There was Planning Commission discussion of criteria for workshops on projects. Commissioner comments regarding possible triggers for workshops included: square footage and value of property particularly the commercial interchanges, 10,000 square feet, if one of 10 sites in town designated as prime commercial comes up, an option in the original application process for the applicant to request a workshop, a zone change to the General Plan that creates a neighborhood impact, and a method where the Commission could request a workshop if there is a project not triggered by the selected criteria. Community Development Director Warren Frace explained the three types of projects that come before the Commission and suggested staff brings back workshop options based on these three project types. There was Commission discussion regarding receipt of staff reports, submittal requirements for projects, and the importance of receiving all applicant documentation on time. Director Frace stated staff is letting developers know of the two week deadline for project submittals and anything not in on Thursday, when agenda packets are ready for the Commission, will be continued. PC Draft Minutes 11/15/05 Page 8 of 9 Vice Chairperson Beraud asked about the San Anselmo CUP and if there is a timeline for the applicant to remove the exit. Director Frace stated there will be a timeline, but reported that the Commission's decision was appealed by a Council Member. Vice Chairperson Beraud read a letter into the record regarding motorcycle use in the city and would like to see the Council agendize this issue to address citizen's concerns. Commissioner Jones asked about the special meeting for training on the Brown Act and whether every trainer will be certified by the California Bar. Director Frace stated City Attorney Patrick Enright would handle the training. DIRECTOR'S REPORT Community Development Director Frace reported on the special training session on November 29th, and reviewed the agenda for the next regular meeting. Director Frace inquired whether the Commission would like to cancel the December 20th meeting. There was Commission consensus to cancel the December 20, 2005 meeting. ADJOURNMENT Chairperson Porter adjourned the meeting at 9:30 p.m. to the next regularly scheduled meeting of the Planning Commission on December 6, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A — Dean Coker, conceptual design Exhibit B — Jamie Kirk, project elevations PC Draft Minutes 11/15/05 Page 9 of 9 ITEM NUMBER: 2 DATE: 12-6-05 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT DRAFT Planning Commission Meeting Schedule 2006 Updated 11-23-05 MEETING DATE January 3 MEETING TYPE Regular TIME 7:00 p.m. LOCATION City Hall Council Chambers 6907 EI Camino Real, Atascadero January 17 Regular 7:00 p.m. " February 7 Regular 7:00 p.m. " February 21 Regular 7:00 p.m. " March 7 Regular 7:00 p.m. March 21 Regular 7:00 p.m. " April 4 Regular 7:00 p.m. April 18 Regular 7:00 p.m. " May 2 Regular 7:00 p.m. " May 16 Regular 7:00 p.m. " June 6 Regular 7:00 p.m. " June 20 Regular 7:00 p.m. " July 18 Regular 7:00 p.m. August 1 Regular 7:00 p.m. " August 15 Regular 7:00 p.m. " September 5 Regular 7:00 p.m. " September 19 Regular 7:00 p.m. " October 3 Regular 7:00 p.m. " October 17 Regular 7:00 p.m. November 7 Regular 7:00 p.m. November 21 Regular 7:00 p.m. December 5 Regular 7:00 p.m. " December 19 Regular 7:00 p.m. TAPC Meeting Schedule\PC Meeting Schedule 2006 DRAFT.doc 6907 EL CAMINO REAL, ATASCADERO, CA 93422 . (805) 461-5000 • FAX (805) 461-7612 ITEM NUMBER: 3 DATE: 12-6-05 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2005-0081 (9705 EI Camino Real / Atascadero Senior Housing) SUBJECT: A request to remove one (1) native Live Oak tree 26 -inches in diameter. It has been determined that the oak tree is damaged beyond reclamation by a certified arborist. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2005-0099 to approve the request to remove one (1) native oak tree subject to conditions of approval. Situation and Facts: 1. Applicant: Jeff Dillon, AIA P.O. Box 15339 San Luis Obispo, CA 93406 2. Certified Arborist: A&T Arborists, P.O. Box 1311, Templeton, CA 93465 3. Project Address: 9705 EI Camino Real, Atascadero, CA 93422 APN: 030-472-009 BACKGROUND: The applicant is proposing the removal of one (1) native oak tree located in the public right-of-way at 9705 EI Camino Real with the development of a nineteen -unit senior hotel. The project arborist has determined that the tree has been damaged beyond reclamation. ITEM NUMBER: 3 DATE: 12-6-05 ANALYSIS: The initial sidewalk plans were designed to meander around the tree to prevent further impacts to the native tree. Project mitigation included grading by hand and minimal grading in general to lessen impacts to the tree. According to the arborist, the contractor used an excavator and broke several large roots of the tree. The project arborist has determined that the tree will soon be completely dead and recommends the removal of the tree. Per the requirements of the Atascadero Native Tree Ordinance, the following mitigation is required: Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 26 -inches 1 2 2 3 3 4 4 5 5 6 6 Total 26 -inches Total 0 -inches 26 -inches Mitigation Requirement req'd tree replacements: 9 five gal trees req'd tree replacements: 0 five gal trees 9 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 9 five gal trees Remaining Mitigation 0 five gal trees 9 five gal trees Tree Fund Payment: $ 366.67 Tree Fund Payment: $ $ 366.67 Staff has conditioned that the applicant pay double fees for violating the original mitigation required by the project arborist, in addition to planting one 24 -inch box native Live Oak tree. FINDINGS: In considering any tree removal request, at least one of the findings must be made. Staff has identified the following finding as appropriate for the application request. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. ITEM NUMBER: 3 DATE: 12-6-05 CONCLUSION: The tree has been determined to be damaged beyond reclamation by a certified arborist. Based on the arborist report and above analysis, findings can be made to approve the requested removal. PREPARED BY: ATTACHMENTS: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Lisa Wilkinson, Assistant Planner Subject Tree Arborist Letter Project Site Plan Draft Resolution PC 2005-0099 ITEM NUMBER DATE: 12-6-05 Attachment 7: Subject Tree ITEM NUMBER: 3 DATE: 12-6-05 Attachment 2: Arborist Letter A& T ARBOR=STS P.O. BOX 1311 TEMPLETON, CA 93465 (805) 4340131 11-23-05 Warren Frace Community Development Director City of Atascadero, CA Re: Senior Housing Project on El Camino Real Per the original tree protection plan and the pre -construction meeting, the proposed sidewalk near tree #11 was to circumvent around the tree. Grading was to be completed by hand and kept to a minimum. Unfortunately, the contractor used an excavator and broke off several large roots. This act combined with the former street improvements that caused roots to be pruned has caused the tree to die. There is less than 5% live canopy remaining and the tree will be completely dead soon. We recommend removing the tree Chip Tamagni Certified Arborist #WE 6436 - Steven Alvarez Certified Arborist #WE 0511-A ITEM NUMBER DATE: 12-6-05 Attachment 3: Project Site Plan ITEM NUMBER: 3 DATE: 12-6-05 Attachment 4: Draft Resolution PC 2005-0099 DRAFT RESOLUTION PC 2005-0099 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TREE REMOVAL PERMIT 2005-0081 TO ALLOW THE REMOVAL OF ONE DAMAGED NATIVE OAK TREE LOCATED AT 9705 EL CAMINO REAL (ATASCADERO SENIOR HOUSING) WHEREAS, an application for a Tree Removal Permit has been received from Jeff Dillon, AIA, P.O. Box 15339, San Luis Obispo CA 93406, to allow the removal of one native oak tree located at 9705 El Camino Real; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on December 6, 2005, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the city of Atascadero takes the following actions: SECTION 1. FindintZs for Approval of Tree Removal Permit. The Planning Commission finds as follows: ■ The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2005-0081 subject to the following: Exhibit A: Conditions of Approval ITEM NUMBER: 3 DATE: 12-6-05 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 Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 12-6-05 Exhibit A: Conditions of Approval Tree Removal - TRP 2005-0081 Conditions of Approval Timing Responsibility TRP 2005-0081 /Monitoring PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal of the 26"-dbh PR PS Live Oak Tree in accordance with the requirements of the Atascadero Native Tree Ordinance. Double fees shall be assessed for violating tree mitigation requirements. 2. The applicant shall replant one 24 -inch box Live Oak in BP PS the location of the removed tree. The tree shall be double staked and maintained upon replanting. ITEM NUMBER: 4 DATE: 12-6-05 Atascadero Planning Commission Staff Report - Community Development Department Conditional Use Permit 2005-0166 Amendment (1215 EI Camino Real/ Boneso) SUBJECT: An amendment to the original Conditional Use Permit to reconfigure an existing lot line. The proposed lot reconfiguration will separate the existing mobile home park and provide access way in fee to EI Camino Real. The proposed lot configuration will require connection to the City's sewer system. V01V*K01 1/ I ll 114► 1 MAN 0 Staff Recommends: The Planning Commission adopt Resolution PC 2005-0093 to approve Conditional Use Permit amendment 2005-0166 based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant / Owner: Boneso Family Trust P.O. Box 932, Paso Robles, CA 93447 2. Location: 1215 EI Camino Real Atascadero (San Luis Obispo County), California APN# 049-042-019 3. General Plan Designation 4. Zoning District: 5. Existing Use: 6. Proposed Lot Areas 6. Environmental Status MFR -16 RMF -16 Mobile Home Park Parcel 1: 1.4 -acres Parcel 2: 6.6 -acres Categorical Exemption ITEM NUMBER: 4 DATE: 12-6-05 DISCUSSION: Background On October 30, 1968, the County Planning Commission approved a Conditional Use Permit to allow a 62 -unit mobile home park with an existing residence on an approximately 8 -acre lot, subject to Conditions of Approval. The location of the mobile homes is clustered toward the rear of the property. Access is taken from EI Camino Real with separate access to the mobile home park and the single-family residence (Figure 1). The mobile home park is connected to an onsite septic system, located adjacent to the single family residence (Figure 2). On October 28, 2004, the City received an application for a Lot Line Adjustment to reconfigure the existing lots (Attachment 3). The proposed lot configuration will separate the existing residence to be located on Parcel 1 from the mobile home park to be located on Parcel 2. The new lot configuration will separate the existing septic system from the mobile home park. On November 15, 2005, the Planning Commission voted 5-2 to continue the proposed Conditional Use Permit amendment in order to notify all residents within the mobile home park. Analysis The figures below demonstrate the existing and recommended lot reconfigurations to provide the access way in -fee: Mobile H Park acc SFR access Existing septic location Figure 1: Existing Figure 2: Recommended ITEM NUMBER: 4 DATE: 12-6-05 One of the required findings for a Conditional Use Permit is "that the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development" (Attachment 4, finding 4). The General Plan designation for the subject site is High Density Residential (HDR). There are underdeveloped lots located west of the Mobile Home Park and approved Planned Developments located to the north and south (fig. 3). Staff recommends that the mobile home park maintain the access way in -fee in order to avoid the inappropriate creation and overburdening of an access easement. Staff also recommends that there be a 25'-0" wide offer of dedication to the site in order to plan for the orderly development of the adjacent multi -family lots (Condition 8). The 25-0" wide offer of dedication will provide a portion of the requirement for a local street, in the event that a street became necessary for future development. 62 -unit Planned a ;� Development Subject Site Planned Development Figure 3: Vicinity Development Sewer Connection The 62 -unit mobile home park will require a City sewer connection prior to recordation of the proposed lot configuration (Condition #12). Each mobile home will be connected to a mainline extension from the existing line on EI Camino Real. Environmental Determination The project has been determined to be Categorically Exempt under Class 5 section 15305 Minor Alterations in Land Use Limitations, according to the provisions of the California Environmental Quality Act (CEQA). ITEM NUMBER: 4 DATE: 12-6-05 CONCLUSION: As conditioned, the proposed project is consistent with the General Plan and Atascadero Municipal Code. Staff finds that the project, as conditioned, meets the required findings necessary for Planning Commission approval. ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Vicinity and Zoning Map Attachment 2: Aerial View Attachment 3: Lot Line Adjustment Map Attachment 4: Draft Resolution PC 2005-0093 ITEM NUMBER: 4 DATE: 12-6-05 Attachment 1: Vicinity and Zoning 1 RS ora l - RS Project Site: 1215 EI Camino Real R ql� RMF -16 ode Gad o 0 RMF -10 Q�oe z, CPK ?-�aa ITEM NUMBER DATE: 12-6-05 Attachment 2: Aerial View (CUP 2005-0166) ITEM NUMBER: 4 DATE: 12-6-05 Attachment 3: Lot Line Adjustment Map (CUP 2005-0166) ITEM NUMBER: 4 DATE: 12-6-05 Attachment 4: Draft Resolution PC 2005-0093 DRAFT RESOLUTION PC 2005-0093 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE CONDITIONAL USE PERMIT 2005-0166 TO ALLOW A RECONFIGURATION OF THE EXISTING LOT PROVIDING ACCESS WAY IN FEE TO THE MOBILE HOME PARK LOCATED AT 1215 EL CAMINO REAL (APN 049-042-019) (Boneso) WHEREAS, an application has been received from the Boneso Family Trust (P.O. Box 932, Paso Robles, CA 93447), applicant and property owner, to consider a request to reconfigure the existing property lines; and, WHEREAS, the site's General Plan Land Use Designation is High Density Residential (HDR) and, WHEREAS, the site's zoning district is Residential Multifamily -16 (RMF -16) 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, both oral and documentary, was admitted on behalf of said project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 15, 2005, studied and considered the proposed Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 6, 2005, studied and considered the proposed Conditional Use Permit; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: ITEM NUMBER: 4 DATE: 12-6-05 1. The proposed project has been analyzed and found categorically exempt according to Class 5, section 15305 of the California Environmental Quality Act (CEQA). SECTION 2. 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); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 6, 2005, resolved to approve Conditional Use Permit 2005-0166 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Conditioned Lot Configuration ITEM NUMBER: 4 DATE: 12-6-05 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 Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 12-6-05 EXHIBIT A: Conditions of Approval (CUP 2005-0166) Conditions of Approval / Timing Responsibili Notes Mitigation Monitoring Program ty /Monitoring BL: Business License GP: Grading Permit PS: Planning Services CUP 2005-0166 BP: Building Permit FI: Final Inspection BS: Building Services FD: Fire Department TO: Temporary PD: Police Department CE: City Engineer Occupancy F0: Final Occupancy WW: wastewater CA: City Attorney FMP: Final Map Planning Services 1. This Conditional Use Permit amendment shall be for the Mobile PS Home Park located at 1215 EI Camino Real (APN 049-042-019), regardless of owner. 2. The approval of this use permit shall become final and effective PS fourteen (14) days following the Planning Commission approval unless prior to that date, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. Approval of this Conditional Use Permit shall be valid for twelve PS (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received an extension of entitlement. 4. Approval of this Conditional Use Permit shall be consistent with Ongoing PS Atascadero Municipal Code Zoning Ordinance. Any violations of the CUP shall be subject to review and reconsideration by the Planning Commission at a noticed public hearing. 5. The Community Development Department shall have the authority Ongoing PS to approve minor changes to the project that address a design issue that is not substantive to the land use. 6. The property owner shall defend, indemnify, and hold harmless the Ongoing ALL City of 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 Conditional Use Permit. 7. The project shall be consistent with Exhibit B. Ongoing PS 8. The mobile home park shall meet the applicable zoning standards FMP PS for Mobile Home Parks, including density and lot coverage. Public Works 9. There shall be a 25-0" wide offer of dedication located along the FMP CE northern portion of the property line from EI Camino Real, subject to City Engineer improvement standards. ITEM NUMBER DATE: 12-6-05 Conditions of Approval / Timing Responsibili Notes Mitigation Monitoring Program ty /Monitoring BL: Business License GP: Grading Permit PS: Planning Services CUP 2005-0166 BP: Building Permit FI: Final Inspection BS: Building Services FD: Fire Department TO: Temporary PD: Police Department CE: City Engineer Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney FMP: Final Map 10. When either parcel and/or Parcel 2 develop, the entire frontage Ongoing CE shall be improved to City standard. 11. All utility lines for the mobile home park shall be located within a FMP CE utility easement or relocated in the flag portion of the lot. 12. The mobile home park shall be connected to the City sewer system FMP CE prior to the establishment of proposed lot reconfiguration. Exhibit B: Conditioned Lot Configuration (CUP 2005-0166) W F - Cl) ;- ....... ....... ........... ............. ............ r ...... .......... ....... . ............ ............. ............. ............. ........... .......... - - ------- -- ........... .............. ...... .. :. - - ................ ............. vi W%j OmW,3.m ITEM NUMBER: 4 DATE: 12-6-05 25'-0" wide offer of dedication ------- ... t. T_� of W%j OmW,3.m ITEM NUMBER: 4 DATE: 12-6-05 25'-0" wide offer of dedication ITEM NUMBER: 5 DATE: 12-6-05 Atascadero Planning Commission Staff Report - Community Development Department Road Abandonment 2004-0015 Request to Summarily Vacate an Undeveloped Alley EI Camino Real/Principal Avenue Westpac Investments, Inc./The Wallace Group RECOMMENDATION(S): Planning Commission adopt Resolution 2005-0100 recommending the City Council summarily vacate an unconstructed alley right-of-way based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/Owners: Hamish Marshall/Westpac Investments, Inc., 805 Aerovista Place, Suite 302, San Luis Obispo, CA 93401 2. Project Address: East of EI Camino Real, North of Principal Avenue and South of Gusta Road APN: Portions of 030-491-013, 030-491-015, 016, 017, and 018 3. General Plan Designation: Medium Density Residential (MDR) 4. Zoning District: Residential Multi -Family -10 and Commercial Retail with PD 24 Overlay 5. Site Area: Approximately 3 acres 6. Existing Use: Approved Master Plan of Development for a Mixed - Use Project. 7. Environmental Status: Consistent with Mitigated Negative Declaration 2004- 0024, adopted by the City Council on October 12, 2004. DISCUSSION: Background: This alley abandonment is being requested to facilitate the construction of an approved development project. On October 12, 2004, the City Council approved a General Plan Amendment, Zone Change, Conditional Use Permit and Tentative Tract Map for a mixed use (residential/commercial) development on the northeast corner of EI Camino Real and Principal. The alley right-of-way, originally created by an old subdivision map (Map ADS Additional No. 1, Book 5, Page 1 of Map) has never been constructed or used. Analysis: State Requirements - Requirements for summarily vacating a road are found in the Streets and Highways Code, Section 8331, which provides: 8331. The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period. City Requirements - California Government Code Section 65402 requires that all abandonments be consistent with the legislative bodies General Plan, as follows: "If a general plan or part thereof has been adopted ... no real property shall be ... vacated or abandoned... until the location, purpose and extent of such ... street vacation or abandonment... has been submitted to and reported upon by the planning agency as to the conformity with said general plan or part thereof. " The right-of-way under consideration was created by a subdivision map in approximately 1929. The alley has never been constructed. In addition, the alley is not identified in the General Plan Circulation or Bikeway/Trail diagrams as a potential pathway for community residents. Therefore, abandonment of the alley would not be inconsistent with the General Plan. Conclusion: The proposed abandonment meets both criteria of the State requirements as the alley has not been constructed and has been impassable for vehicular travel for a period of five consecutive years and public money has not been expended for maintenance on the alley during the stated time period. The abandonment is consistent with the City's Circulation Element of the General Plan and will not reduce or interfere with planned roads, bikeways or trails. ALTERNATIVES: 1. The Commission may approve the project, subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2005-0100 Attachment 1: Location and Zoning Map RAB 2004-0015 Attachment 2: Draft PC Resolution 2005-0100 RAB 2004-0015 DRAFT RESOLUTION PC N0. 2005-0100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING SUMMARY VACATION OF AN ALLEY LOCATED NORTH OF PRINCIPAL AVENUE, EAST OF EL CAMINO REAL AND SOUTH OF GUSTA ROAD PURSUANT TO SECTION 8331 OF THE CA STREETS AND HIGHWAYS CODE (ROAD ABANDONMENT #2004-0015) WHEREAS, Westpac Investments, Inc., 805 Aerovista Place, Suite 302, San Luis Obispo (Owner / Applicant), applied for a Road Abandonment to abandon a 0.24 acre alley portion of an alley way, created by A.D.S. Addition No. 1, City of Atascadero, County of San Luis Obispo, State of California and filed for record on April 15, 1929 in Book 5 at Page 1 of Maps; and WHEREAS, the proposed project area has a General Plan Designation of Medium Density Residential and the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the alley, as shown on the attached Exhibit A, has been never been improved and has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on December 6, 2005 at 7:00 p.m. and considered testimony, reports from staff, the applicants, and the public; NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Environmental Review. The Planning Commission recommends the City Council find that the proposed project is consistent with Mitigated Negative Declaration 2004- 0024, adopted by the City Council on October 12, 2004 for the Principal Avenue Mixed Use Project. SECTION 2. Findings off Approval. The Planning Commission recommends that the City Council find as follows: 1. The proposed project is consistent with the General Plan. 2. The alley proposed to be abandoned has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. BE IT FURTHER RESOLVED, that the Planning Commission of the City of Atascadero does hereby recommend that the City Council approve Road Abandonment 2004- 0015 as shown on Exhibit A and subject to Conditions of Approval contained in Exhibit B. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary Exhibit A: Alley Abandonment Map RAB 2004-0015 TV -A= 2M AND TMA=VU AM" Abondonm ntCOINt 1„} q MA 1 1 AfAeeodpe YlaN UN7�b E�I� Exhibit B: Conditions of Approval RAB 2004-0015 ENGINEERING CONDITIONS: Prior to City Council approval of the road abandonment, the applicant shall have the application reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the application. The letter shall identify any new easements which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be recorded prior to or concurrently with the road abandonment. ITEM NUMBER: 6 DATE: 12-6-0.9; Atascadero Planning Commission Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendment ZCH 2005-0106 (Bennet/Norris) SUBJECT: A Zone Change consisting of a Text Amendment to portions of Title 9, Planning and Zoning, of the Atascadero Municipal Code. RECOMMENDATION: The Planning Commission adopt Resolution PC 2005-0101, recommending that the City Council introduce an Ordinance for first reading, by title only, to approve Zone Change 2005-0106 based on findings. SITUATION AND FACTS: 1. Owners/Applicants: Robert Bennet c/o Fence Factory 2419 Palma Drive, Ventura, CA 93003 William Norris, 4580 Farousse Way Paso Robles, CA 93446 2. General Plan Designation: Commercial Park Districts 3. Zoning District: Commercial Park Districts 4. Environmental Status: Consistent with Environmental Impact Report prepared for 2002 General Plan ITEM NUMBER: DATE: 12-6-05 Summary: The proposed text amendments consist of adding a conditionally allowable use to the approved uses in the Commercial Park Zoning District and expanding the definition of Indoor Recreational Uses. Additions to the existing text are shown as underlined and highlighted. Currently, Indoor Recreational Uses are not an allowed use in the Commercial Park Zoning Districts. The applicants are requesting that the allowed uses in the CPK Districts be expanded to include Indoor Recreational uses to facilitate the development of indoor shooting and archery ranges. Indoor Recreational Uses Following is the proposed addition to the purpose of Indoor Recreation Services: Article 29. Land Use Descriptions 9-3.701 Purpose. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and community centers. Commercial Park Zoning Districts (CPK) The proposed text amendment to CPK use is as follows: Article 12. CPK (Commercial Park) Zone 9-3.251 Purpose. This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.251, 1983) 9-3.252 Allowable uses. The following uses shall be allowed in the Commercial Park Zone. The establishment of allowable uses shall be as provided by Chapter 2 of this title: ITEM NUMBER DATE: 12-6-05 (a) Apparel and finished products; (b) Accessory storage (see Section 9-6.103); (c) Broadcasting studios; (d) Building materials and hardware (see Section 9-6.165); (e) Business support services; (f) Contract construction services; (g) Electronic and scientific instruments; (h) Farm equipment and supplies; (i) Food and kindred products (see Section 9-6.128); 0) Fuel and ice dealers (see Section 9-6.129); (k) Furniture and fixtures; (1) Horticultural specialties (see Section 9-6.116); (m) Laundries and dry cleaning plants; (n) Light repair services; (o) Mail order and vending; (p) Roadside stands (see Section 9-6.117); (q) Schools—business and vocational (see Section 9-6.125); (r) Small scale manufacturing; (s) Stone and cut stone products; (t) Temporary events (see Section 9-6.177); (u) Temporary or seasonal sales (see Section 9-6.174); (v) Utility transmission facilities; (w) Wholesaling and distribution; (x) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of twenty thousand (20,000) square feet of floor area: (1) Financial services, (2) Food and beverage retail sales, (3) Furniture, home furnishings and equipment, (4) General merchandise store. (y) Eating and drinking places of up to two thousand five hundred (2,500) square feet; (z) Office; (aa) Health care services. (Ord. 473 § 2 (part), 2005: Ord. 425 § 3, 2003; Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 311 § 3, Exh. B (part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 77 § 1 (1), 1984; Ord. 68 § 9-3.252, 1983) 9-3.253 Conditional uses. The following uses may be established in the Commercial Park Zone with Planning Commission approval. The establishment of conditional uses shall be as provided by Chapter 2 of this title: (a) Animal hospitals; (b) Auto repair and services (see Section 9-6.168); ITEM NUMBER DATE: 12-6-05 (c) Bar/tavern; (d) Chemical products; (e) Concrete, gypsum and plaster products; (f) Eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; (g) Eating and drinking places with drive-through facilities; (h) Glass products; (i) Indoor recreational uses 0) Lumber and wood products; (k) Machinery manufacturing; (1) Membership organizations; (m) Mini storage; (n) Paper products; (o) Paving materials; (p) Pipelines; (q) Plastics and rubber products; (r) Public assembly and entertainment; (s) Sales lots (see Section 9-6.139); (t) Structural clay pottery products; (u) Textile mills; (v) Transit stations and terminals; (w) Vehicle and equipment storage (see Section 9-6.183); (x) Warehousing; (y) Auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 § 2 (part), 2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 349 § 3, 1998; Ord. 311 § 3, Exh. B (part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 75 § 2 (3), 1984; Ord. 68 § 9- 3.253, 1983) 9-3.254 Lot size. The minimum lot size in the Commercial Park Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.254, 1983) 9-3.255 Development standards. The following development standards may be modified through the conditional use permit process. (a) Customer and employee parking areas designed to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. ITEM NUMBER DATE: 12-6-05 (b) A minimum freeway setback shall be provided. Said setback shall be landscaped. All new and existing utilities shall be installed underground. (Ord. 364 § 2 (part), Exh. B (part), 1999) ITEM NUMBER: 6 DATE: 12-6-05 CPK Zoning Districts CITY OF ATASCADERO CPK. Commercial Park T e as e No Santa Cruz Road Ga of 0 load of l� as Say 60 Q° o G ce � loo. �0A`oQ�a arc a�� v ca a 0 San Gregof%o Qo 0 a mac`` 01 c a p'o Del Rio R°ao 'Py d J`aCo�Or;�aC°J� Ar `a�u2R0a Road 3 oe �aRoad Cp°g� Fa/aa o �Oaa o� e y Jaa a Sitla R°a '�aRO9 a G81^p° ROaa a A ° a vv` a Date Printed: 11121/2005 Printed by: City of Atascadero • GIS Division ITEM NUMBER: 6 DATE: 12-6-05 Proposed Environmental Determination The proposed text changes are consistent with the Environmental Impact Report prepared for the City's General Plan and adopted by the City Council in June 2002. rnnr_Ii minn The General Plan has identified Commercial Park (CPK) districts as: "...areas along the northern portion of El Camino Real to accommodate uses that require large parcels, such as automobile and mobile home sales, factory outlet centers, traveler destination and recreation complexes, craft uses, nurseries and planned commercial developments. Certain types of light industrial uses, including research and development facilities and clean manufacturing facilities, along with office parks and business uses may also be appropriate in this area. " (Emphasis added.) The proposed text amendments are consistent with the General Plan, which is implemented by the Zoning Ordinance. The proposed changes will allow for indoor recreational uses, with Planning Commission approval, in areas where lot sizes are generally large enough to accommodate the larger size buildings needed to facilitate such uses. ALTERNATIVES 1. The Commission may recommend modifications of the text amendments to the City Council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Draft Resolution 2005-0101 ITEM NUMBER: 6 DATE: 12-6-05 ATTACHMENT 1: Draft Resolution PC 2005-0101 DRAFT RESOLUTION PC 2005-0101 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0106 TO CONDITIONALLY ALLOW INDOOR RECREATIONAL USES IN THE COMMERCIAL PARK ZONING DISTRICTS (Bennet/Norris) WHEREAS, an application has been received from Robert Bennet, c/o Fence Factory, 2419 Palma Drive, Ventura, California 93003, to consider Zone Change Text Amendments to conditionally allow indoor recreational uses in the Commercial Park (CPK) Zoning Districts; and, WHEREAS, an the project is consistent with the Environmental Impact Report (EIR) prepared for the City's General Plan, adopted in June 2002, whereby the EIR assessed impacts associated with "recreational complexes" in the CPK land use designated areas; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on December 6, 2005, studied and considered Zone Change 2005-0106, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: ITEM NUMBER DATE: 12-6-05 1. The Zone Change is consistent with General Plan policies and all other applicable Ordinances and policies of the City. 2. Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Zone Change will not, in itself, result in significant environmental impacts. 4. The Zone Change is consistent with the Environmental Impact Report prepared for the City's General Plan, adopted in June 2002. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 6, 2005 resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would amend the City Zoning Code Text with the following: Article 29. Land Use Descriptions 9-3.701 Purpose. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and community centers. Article 12. CPK (Commercial Park) Zone 9-3.251 Purpose. This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.251, 1983) 9-3.253 Conditional uses. The following uses may be established in the Commercial Park Zone with Planning Commission approval. The establishment of conditional uses shall be as provided by Chapter 2 of this title: (a) Animal hospitals; (b) Auto repair and services (see Section 9-6.168); (c) Bar/tavern; (d) Chemical products; ITEM NUMBER DATE: 12-6-05 (e) Concrete, gypsum and plaster products; (f) Eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; (g) Eating and drinking places with drive-through facilities; (h) Glass products; (i) Indoor recreational uses 0) Lumber and wood products; (k) Machinery manufacturing; (1) Membership organizations; (m) Mini storage; (n) Paper products; (o) Paving materials; (p) Pipelines; (q) Plastics and rubber products; (r) Public assembly and entertainment; (s) Sales lots (see Section 9-6.139); (t) Structural clay pottery products; (u) Textile mills; (v) Transit stations and terminals; (w) Vehicle and equipment storage (see Section 9-6.183); (x) Warehousing; (y) Auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 § 2 (part), 2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 349 § 3, 1998; Ord. 311 § 3, Exh. B (part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 75 § 2 (3), 1984; Ord. 68 § 9- 3.253, 1983) BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) I•' D ITEM NUMBER DATE: 12-6-05 CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary