HomeMy WebLinkAboutPC_2015-12-15_Agenda
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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, December 15, 2015 – 7:00 P.M.
Historic City Hall Council Chambers
6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side)
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Mark Dariz
Vice Chairperson Jan Wolff
Commissioner David Bentz
Commissioner Duane Anderson
Commissioner Jerel Seay
Commissioner Charles Bourbeau
Commissioner Dennis Schmidt
APPROVAL OF AGENDA
PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on
this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please
state your name for the record before making your presentation. The Commission may take action to direct
the staff to place a matter of business on a future agenda.)
PLANNING COMMISSION BUSINESS
City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2015
Page 2 of 6
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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 DRAFT ACTION MINUTES OF DECEMBER 3, 2015
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
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, Par cel Maps, Variances, Conditional Use Permits,
and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on
the matter, but gives the public and applicant an opportunity to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Com mission
for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss
the item and take appropriate action(s).)
2. PLN 2014-1535, CONDITIONAL USE PERMIT FOR 10080 OLD MORRO ROAD
EAST
Property
Owner/Applicant:
Benjamin DeGarmo, PO Box 404, Atascadero, CA 93423
Project Title: PLN 2014-1535 / CUP 2015-0286
Project Location: 10080 Old Morro Road East, Atascadero, CA 93422 (San Luis Obispo County)
APN 056-451-001
Project
Description:
The project consists of an application for a Conditional Use Permit to allow an oversized
accessory building with a bathroom and conditioned office space. The proposed
garage/workshop is two stories with approximately 3,440 square feet of floor area, whic h
is 116% of the size of the existing residence.
General Plan Designation: RE
Zoning District: RS
Staff Planner: Katie Banister, Contract Planner, kbanister@atascadero.org, 470 -3480
Proposed
Environmental
Determination:
The proposed project is categorically exempted from CEQA under Section 15303: New
construction or conversion of small structures.
Staff
Recommendation:
The Planning Commission adopt PC Resolution 2015-A approving Conditional Use Permit
2015-0286.
City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2015
Page 3 of 6
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PUBLIC HEARINGS (CONTINUED)
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 commun ication.
(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 inv ited to provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Com mission
for three minutes. After all public comments have been received, the public hearing will be closed, and th e Commission will discuss
the item and take appropriate action(s).)
3. PLN 2099-0829, ZONE CHANGE, TENTATIVE TRACT MAP, AND
CONDITIONAL USE PERMIT FOR 5310 CARRIZO ROAD
Property
Owner/Applicant:
5310 Carrizo Rd, LLC, 125 South Bowling Green Way, Los Angeles, CA 90049
Project Title: PLN 2099-0829 /ZCH 2015-0179/ZCH 2004-0078/CUP 2001-0126/TRP 2015-
0193/LLA 2015-0120
Project
Location:
5318-5310 Carrizo Road, Pinon Way / Copado Way, Atascadero, CA 93422
(APN 049-105-001 through 012)
Project
Description:
The project consists of an application for various amendments to a previously approved
project that created a subdivision consisting of 11 new single -family residences and
preserved one (1) colony home. The proposed project consists of an application for a
Zone Change (elimination of the PD-17 overlay zone) and replacement with a project
specific, Planned Development overlay zone, amendment to the Conditional Use Permit
(CUP) / Master Plan of Development (MPD), Lot Line Adjustment (LLA) of 4 le gal lots
of record, and removal of one (1) native tree to accommodate proposed circulation
improvements.
General Plan Designation: Single-Family Residential (SFR)
Zoning District: Residential Single-Family (RSF-X) / Planned Development (PD-17)
Staff Planner: Alfredo Castillo, Associate Planner, acastillo@atascadero.org, 470-3436
Proposed
Environmental
Determination:
Consistent with Adopted Mitigated Negative Declaration 2004-0030.
Staff
Recommendation:
1. Adopt Draft PC Resolution 2015-A, recommending to City Council approval of
an amendment to Zone Change 2004-0078 replacing an existing Planned
Development Overlay (PD-17) with a new Planned Development Overlay zone
(PD-31) over 12 lots of legal record; and,
2. Adopt Draft PC Resolution 2015-B recommending to City Council approval of
amendments to Conditional Use Permit 2004-0126 based on findings and
subject to Conditions of Approval; and,
3. Adopt Draft PC Resolution 2015-C recommending to the City Council approval
of Lot Line Adjustment 2015-0193 based on findings and subject to Conditions
of Approval; and,
4. Adopt Draft PC Resolution 2015-D recommending to City Council approval of
Tree Removal Permit 2015-0193 for the removal of one (1) 36-inch Coast Live
Oak totaling 36-inches in DBH.
City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2015
Page 4 of 6
WEBSITE: www.atascadero.org
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PUBLIC HEARINGS (CONTINUED)
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 Perm its,
and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on
the matter, but gives the public and applicant an opportunity to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission
for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss
the item and take appropriate action(s).)
4. PLN 2015-1574, ZCH 2015-0180
Repealing Municipal Code Chapter 5-13 regarding medical marijuana facilities
and adding section 9-6.186 to Title 9 of the Atascadero Municipal Code
prohibiting marijuana cultivation, marijuana dispensaries, commercial cannabis
activities, and medical marijuana deliveries.
Property
Owner/Applicant:
City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Project Title: PLN 2015-1574 / ZCH 2015-0180
Project Location: Citywide
Project
Description:
Municipal Code text amendment to clarify the City’s prohibition on medical
marijuana cultivation, dispensing, delivery and all other associated activities
consistent with the limitations allowed by California Assembly Bills 243, 266 and
643.
Proposed
Environmental
Determination:
The proposed Ordinance is not a project within the meaning of Section 15378 of the
California Environmental Quality Act (“CEQA”) Guidelines because it has no
potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Ordinance is found to be a project under CEQA, it
is subject to the CEQA exemption contained in CEQA Guidelines Section
15061(b)(3) because it can be seen with certainty to have no possibility of a
significant effect on the environment.
City Staff: Phil Dunsmore, Community Development Director, pdunsmore@atascadero.org, 470-
3488
Staff
Recommendation:
Adopt PC Resolution-A recommending the City Council approve Ordinance No. 2015 -A
repealing Chapter 5-13 regarding Medical Marijuana facilities and adding Section 9 -6.186
to Title 9 of the Atascadero Municipal Code prohibiting medical marijuana dispensaries,
marijuana cultivation facilities, commercial cannabis activities, and medical marijuana
deliveries.
City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2015
Page 5 of 6
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on January 5, 2016 at City Hall Council Chambers, 6500 Palma
Avenue, 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 15, 2015
Page 6 of 6
WEBSITE: www.atascadero.org
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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, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website,
www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the
record or referred to in their statement will be noted in the minutes and available for review in the Community
Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of
meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist
the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present.
This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Co mmission regarding the matter being
considered to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present.
6. All comments limited to 3 minutes.
If you wish to use a computer presentation to support your comments, you must notify the Community Development
Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be
on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for
the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and
turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments
will be heard by the Commission.