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HomeMy WebLinkAboutPC_2016-02-16_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, February 16, 2016 – 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 Jan Wolff Vice Chairperson Duane Anderson Commissioner David Bentz Commissioner Mark Dariz 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, February 16, 2016 Page 2 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 15, 2015 2. APPROVAL OF DRAFT ACTION MINUTES OF FEBRUARY 2, 2016 COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2016-1581, TREE REMOVAL PERMIT FOR 9445 EL BORDO Property Owner/Applicant: Michael Frederick, PO Box 573., Atascadero, CA 93423 Certified Arborist: Steven Alvarez, A&T Arborist, PO Box 1311, Templeton CA 93465 Project Title: PLN 2016-1581 / TRP 2016-0197 Project Location: 9445 El Bordo Ave., Atascadero CA 93422 (San Luis Obispo County) APN: 030-441-022 Staff Planner: Callie Taylor, Senior Planner, ctaylor@atascadero.org, 470-3448 Project Description: The project consists of an application to remove two (2) live oak trees on a vacant lot. The trees include a 48” DBH multi-trunk oak tree, and a 26” DBH oak tree. The arborist has assessed the declining trees and found that they are impacted with oak root fungus and are diseased beyond reclamation. General Plan Designation: Single-family Residential - Z Zoning District: Residential Single-family - Z Staff Recommendation: Staff recommends the Planning Commission approve the proposed tree removals, subject to mitigation required by the Native Tree Ordinance, including either replanting on site or payment of fees to the City’s Native Tree Mitigation Fund. City of Atascadero Planning Commission Agenda Regular Meeting, February 16, 2016 Page 3 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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, 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. (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 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 2016-1578 / CUP 2016-0295 – 4300 Potrero Road Property Owner/Applicant: Holiday Geiger, 4315 Trieste Drive, Carlsbad, CA 92010 / Jamie Ruggiero, 4300 Potrero Road, Atascadero, CA 93422 Project Title: Oversized accessory structure PLN 2016-1578 / CUP 2016-0295 Project Location: 4300 Potrero Road, Atascadero, CA 93422 (San Luis Obispo County) APN: 049-061-006 Project Description: The project consists of an application for a Conditional Use Permit to allow construction of a 3,200 square foot detached accessory structure, which exceeds 50% of the size of the principal structure. Existing General Plan Designation: Rural Estate (RE) Existing Zoning: Residential Suburban (RS) Proposed Environmental Determination: The project is categorically exempted from CEQA under Section 15303: New Construction or Conversion of Small Structures Staff Planner: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A approving Conditional Use Permit 2016-0295. City of Atascadero Planning Commission Agenda Regular Meeting, February 16, 2016 Page 4 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on March 1, 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, February 16, 2016 Page 5 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 Commission 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. PC Draft Action Minutes of 12/15/15 Page 1 of 7 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, December 15, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Bourbeau, Seay, Schmidt, Vice Chairperson Wolff, and Chairperson Dariz Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Alfredo Castillo Contract Planner, Katie Banister Rachelle Rickard, City Manager Joe Allen, Police Department Commander Brian Pierik, City Attorney APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Anderson to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. ITEM NUMBER: 1 DATE: 2-16-16 1 PC Draft Action Minutes of 12/15/15 Page 2 of 7 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR Chairperson Dariz stated that the Agenda states we are approving minutes for Dec. 3rd, however, the Commission is approving minutes for December 1, 2015. 1. APPROVAL OF DRAFT ACTION MINUTES OF DECEMBER 1, 2015 `MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve the consent calendar. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 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, which 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. 2 PC Draft Action Minutes of 12/15/15 Page 3 of 7 EX PARTE COMMUNICATIONS: Commissioner Anderson went by and looked at the site. Commissioner Bourbeau also visited the site, and then spoke with Contract Planner Banister. Contract Planner Banister gave the staff report and stated for the record, that the published agenda is incorrect and that the structure is 107% of the size of the existing residence (not 116% as published). She also stated that staff is recommending that Condition 10. F. be amended to say that outdoor storage is allowed and fully screened from the adjacent street or adjacent properties. Also, Condition 11 should be changed to read on-site signage shall be limited to two (2) square feet, instead of four (4). She stated that an email was received from a resident and distributed to the Commission tonight (Exhibit A). Associate Planner Castillo answered questions from the Commission in relation to the Lot Line Adjustment. Community Development Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke on this item: Ben DeGarmo and Greg Vaughan. Mr. DeGarmo answered questions from the Commission. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to adopt PC Resolution 2015-A approving PLN 2015-1535/CUP 2015-0286 allowing a 3,191 square-foot detached accessory structure which exceeds 50% of the size of the primary residence at 10080 Old Morro Road East, based on findings and subject to conditions of approval. Motion passed 5:2 by a roll-call vote. (Bourbeau and Wolff voted no) 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) 3 PC Draft Action Minutes of 12/15/15 Page 4 of 7 EX PARTE COMMUNICATIONS: Chairperson Dariz and Commissioner Anderson heard this project at the Design Review Committee (DRC). Commissioner Bourbeau visited the site, called Mr. Ephraim with questions, and he met with Associate Planner Castillo about the project. Commissioner Bentz received a phone call from Royce Eddings, and spoke about the project on the phone. Associate Planner Castillo gave the staff report, and he and Community Development Director Dunsmore answered questions from the Commission. Associate Planner Castillo explained that this project went before the DRC, and that the HOA would be responsible for future tie-in to sewer services. PUBLIC COMMENT The following members of the public spoke on this item: Royce Eddings, Brian McCallister, Kasey Sullivan, Corey Sullivan, a resident who spoke about lighting who did not give his name, and John McDonald. Chairperson Dariz closed the Public Comment period. 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 legal 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, AICP, 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. 4 PC Draft Action Minutes of 12/15/15 Page 5 of 7 The Commission and staff addressed concerns about traffic and lighting from the neighbors. PUBLIC COMMENT Chairperson Dariz re-opened the Public Comment period. The following member of the public spoke on this item: John McDonald. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-A to recommend approval to the City Council 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, By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-B to recommend to the City Council amendments to Conditional Use Permit 2004-0126 based on findings and subject to Conditions of Approval; and, By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-C to recommend to the City Council approval of Lot Line Adjustment 2015-0120 based on findings and subject to Conditions of Approval, and, By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-D to recommend to the City Council approval of Tree Removal Permit 2015-0193 for the removal of one (1) Coast Live Oak totaling 36-inches in DBH. Motion passed 7:0 by a roll-call vote. 5 PC Draft Action Minutes of 12/15/15 Page 6 of 7 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. EX PARTE COMMUNICATIONS: Commissioner Bourbeau spoke to Police Commander Joe Allen, Community Development Director Dunsmore, and the owners of Dubs Green Garden, who are in the audience tonight. Community Development Director Dunsmore gave the staff report and answered questions from the Commission. Mr. Dunsmore stated that the item is scheduled to go to City Council on January 12, 2016, and that these provisions will take effect March 1, 2016. City Attorney Pierik and Police Commander Allen talked about the issue and answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke on this item: Ernest Hall and Andrew Labarbara. Chairperson Dariz closed the Public Comment period. 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. 6 PC Draft Action Minutes of 12/15/15 Page 7 of 7 City Manager Rickard and City Attorney Pierik answered questions raised by the Commission. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Wolff to recommend that the City Council adopt an ordinance repealing Municipal Code 5-13 regarding Medical Marijuana Facilities and adding Section 9-6.186 to Title 9 of the Municipal Code prohibiting marijuana cultivation facilities, marijuana dispensaries, commercial cannabis activities and medical marijuana deliveries. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT Community Development Director Dunsmore announced that the January 5, 2016 Planning Commission meeting may be cancelled, and that there is a tentative date for an Eagle Ranch Joint Planning Commission/City Council meeting on January 19, 2016. Community Development Director Dunsmore gave the Commission on update on Walmart. ADJOURNMENT – 9:54 p.m. The next regular meeting of the Planning Commission is scheduled for January 5, 2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: ____________________________ Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A – Email from Clement Salvadori t:\~ planning commission\pc minutes\pc minutes 2015\draft actn minutes 12 15 15 final version.am.docx 7 PC Draft Action Minutes of 2/2/16 Page 1 of 9 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, February 2, 2016 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:00 p.m. and Commissioner Bourbeau led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Bourbeau, Seay, Schmidt, Vice Chairperson Wolff, and Chairperson Dariz Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Senior Planner, Kelly Gleason Associate Planner, Alfredo Castillo Assistant Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. ITEM NUMBER: 2 DATE: 2-16-16 8 PC Draft Action Minutes of 2/2/16 Page 2 of 9 PLANNING COMMISSION BUSINESS A. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON The Commission will select a Chairperson and Vice Chairperson. Chairperson Dariz accepted nominations for Chairperson. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to nominate Commissioner Wolff as Chairperson. Motion passed 7:0 by a roll-call vote. Chairperson Dariz accepted nominations for Vice Chairperson. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to nominate Commissioner Anderson as Vice Chairperson. Motion passed 7:0 by a roll-call vote. CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF DECEMBER 15, 2015 MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve the consent calendar. Community Development Director Dunsmore pulled Item #1 for clarification. Assistant Planner Banister explained that the minutes for Item 2 (PLN 2014-1535) for the December 15, 2015 Commission meeting report the motion, as stated. However, after discussion, she felt that the Commission’s intention was not clear. She suggested they clarify the motion. Commissioners asked to hold off on approving the minutes until they’ve had additional time to listen to the audio recording from December. This item will be continued to February 16, 2016. Commissioner Bentz and Commissioner Bourbeau withdrew their original motion. MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to postpone approval of the consent calendar until February 16, 2016. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None 9 PC Draft Action Minutes of 2/2/16 Page 3 of 9 2. PLN 2016-1580, TREE REMOVAL FOR 10025 EL CAMINO REAL Property Owner: Mark Egan, Rancho Del Bordo Estates, LLC, PO Box 6788, Santa Rosa, CA 95406 Certified Arborist: Henry Curtis, Whits Turn Tree Care, PO Box 1784, Templeton, CA 93465 Project Title: PLN 2016-1580 / TRP 2016-0196 Project Location: 10025 El Camino Real, Atascadero, CA 93422 APN 030-461-029 (San Luis Obispo County) Project Description: The proposed project includes a request to remove two blue oak trees in the Rancho Del Bordo Estates. One tree is dead and the other is diseased. General Plan Designation: High Density Residential (HDR) Zoning District: High Density Multiple-Family Residential (RMF-20) Staff Recommendation: Staff recommends the Planning Commission approve Resolution 2016-A approving Tree Removal Permit 2016-0196, based on findings and subject to mitigation. EX PARTE COMMUNICATIONS: Commissioner Bourbeau and Chairperson Wolff drove by the property. Assistant Planner Banister gave the staff report and she and Community Development Director Dunsmore answered questions from the Commission. Neither the property owner nor the arborist were present. PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Anderson to adopt PC Resolution 2016-A to allow the removal of two (2) native trees, based on findings and subject to mitigation. Motion passed 7:0 by a roll-call vote. PUBLIC HEARINGS 3. PLN 2099-0795 – 8570 EL CORTE ROAD Property Owner/Applicant: 8570 Corte, LLC, 125 South Bowling Green Way, Los Angeles, CA 90049 Project Title: 8570 El Corte Master Plan of Development Amendments Project Location: 8570 El Corte Road, Atascadero, CA 93422 10 PC Draft Action Minutes of 2/2/16 Page 4 of 9 EX PARTE COMMUNICATIONS: Commissioner Bourbeau drove by the site, and called Associate Planner Castillo about the project. Associate Planner Castillo gave the staff report and stated the project was approved in June 2007, but can continue on with the entitlements, as the applicants have made some changes. The applicant has submitted building permits that will fall into current building code. Mr. Castillo clarified that on Page 42, PC Resolution 2016-A, Item 2, “including provisions of the PD-17 Overlay Zone with the exception of specific concessions made in accordance with the State Density bonus program” should be removed. Mr. Castillo answered questions from the Commission. PUBLIC COMMENT The following person spoke during public comment: Royce Eddings. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bourbeau and seconded by Vice Chairperson Anderson to adopt PC Resolution 2016-A, approving amendments to CUP 2006-0178 (Master Plan of Development) based on findings and subject to conditions of approval and mitigation monitoring: and MOTION: By Commissioner Bourbeau and seconded by Vice Chairperson Anderson to adopt PC Resolution 2016-B, amending and reconsidering (San Luis Obispo County) APN: 030-421-005 Project Description: The proposed project consists of Amendments to the Master Plan of Development and conditions of approval of Vesting Tentative Subdivision Map 2006-0082, adjusting lot lines, elimination of proposed pedestrian paths, and revision of architectural elevations. Existing General Plan Designation: Single-Family Residential (SFR-X) Existing Zoning: Residential Single-Family (RSF-X) / Planned Development (PD-17) Proposed Environmental Determination: The proposed project has been reviewed and found to be consistent with certified Mitigated Negative Declaration 2006-0031 per California Environmental Quality Act (CEQA) guidelines Sec. 15164(a) through (e). There are no new environmental impacts or information of substantial importance associated with the proposed project revisions. No new mitigation measures are proposed. Staff Planner: Alfredo R. Castillo, AICP, Associate Planner, acastillo@atascadero.org, Phone: 470-3436 Staff Recommendation: Staff recommends the Planning Commission: 1. Adopt Draft PC Resolution 2016-A amending CUP 2006-0178, based on findings and conditions of approval; 2. Adopt Draft PC Resolution 2016-B amending TTM 2006-0082 conditions of approval for consistency with approved Master Plan of Development. 11 PC Draft Action Minutes of 2/2/16 Page 5 of 9 Vesting Tentative Tract Map 2006-0082 for consistency with an adopted Master Plan of Development based on findings and subject to conditions of approval. Motion passed 7:0 by a roll-call vote. 4. PLN 2014-1529, HALCON GENERAL PLAN AMENDMENT Applicant/Owner: Conscious Build Atascadero Dev. LLC, 2921 Garibaldi Ave., San Luis Obispo, CA 93401 Project Title: PLN 2014-1529 – Halcon General Plan Amendment General Plan Amendment 2014-0029 / Zone Change 2014-0175 / Tentative Tract Map 2014-0108 / Tree Removal Permit 2014-0178 Project Location: 11955 & 11975 Viejo Camino, Atascadero, CA 93422 (San Luis Obispo County) APN: 045-401-003, & 004 11675, 11745, 11885, 11845, 11855, 11875 Halcon Rd., Atascadero, CA 93422 (San Luis Obispo County) APN: 045-401-014, 013, 010, 009, 018, & 017 Project Description: The applicant is requesting a General Plan Amendment and Rezone of 37.7 acres of residential property to allow for an increase in residential density. The subject parcels are located along Halcon Road at the southerly boundary of the City limits. Current zoning allows for a minimum lot size of 2.5 to 10 acres depending on certain site characteristics. The proposed General Plan Amendment and Rezoning would create a 17 unit small lot single-family development (“The Groves”) encompassing 10 acres of the project site at the Viejo Camino and Halcon intersection and increase the density of the remaining 27.7 acres of the project site (“Neighbor Parcels”) to allow for 1 primary dwelling unit per acre. There are currently 6 existing units within the project area. The proposal would increase the number of primary units to a maximum of 45 residential units. Nineteen (19) native trees are proposed for removal as part of The Groves development. Additional trees may be removed as the Neighbor parcels develop. Existing General Plan Designation: Suburban Estates (SE) Existing Zoning: Residential Suburban (RS) Proposed General Plan Designation: Single-Family Residential –Y (SFR-Y: 1 du/ac) Single-Family Residential – X (SFR-X: 2 du/ac) Proposed Zoning: Residential Single-Family-Y (RSF-Y: 1 du/ac) Residential Single-Family – X (RSF-X: 2 du/ac) Staff Recommendation: Staff recommends the Planning Commission: 1. Adopt Resolution PC 2016-A, recommending to the City Council certification of Mitigated Negative Declaration 2015-0007 based on findings; and 2. Adopt Resolution PC 2016-B, recommending to the City Council approval of General Plan Amendment 2014-0030 based on findings; and 3. Adopt Resolution PC 2016-C, recommending to the City Council approval 12 PC Draft Action Minutes of 2/2/16 Page 6 of 9 EX PARTE COMMUNICATIONS: Commissioner Bourbeau drove by the site and asked Senior Planner Gleason some questions about the project. Commissioner Dariz stated the Commission received a Memorandum (Exhibit A) in regards to resolution corrections and clarifications. Commissioners Dariz and Anderson heard this item at the Design Review Committee. Senior Planner Gleason gave the staff report, and she, Community Development Director Dunsmore, and Associate Planner Castillo, answered questions from the Commission. Senior Planner Gleason stated that a traffic analysis was prepared for the project. PUBLIC COMMENT The following person spoke during public comment: Andrew Goodwin (Consious Build) and Dennis Moresco. Mr. Goodwin requested that the Commission lower the Affordable Housing requirement to 2.5%, and explained his reason for requesting the reduction (Santa Barbara interchange, trying to preserve the oaks to limit density). He also asked that the Commission recognize the flexibility in the oaks with the one acre parcel-size, because he is trying to place the pads of the homes as delicately as possible while placing an easement where it would maintain trees on Lots 7 and 10. Mr. Goodwin answered questions from the Commission. Chairperson Wolff closed the Public Comment period. Chairperson Wolff recessed the meeting at 8:50 p.m. Chairperson Wolff reconvened the meeting at 8:55 p.m. Chairperson Wolff reopened the Public Comment period. PUBLIC COMMENT The following citizens spoke during public comment: Joseph Messineo and Dennis Moresco. Chairperson Wolff closed the Public Comment period. Senior Planner Gleason answered questions raised during public comment. Title 9 Zone Text Amendment ZCH 2014-0175 based on findings; and 4. Adopt Resolution PC 2016-D, recommending to the City Council approval Zone Map Amendment ZCH 2014-0175 based on findings; and 5. Adopt Resolution PC 2016-E recommending to the City Council approval of Conditional Use Permit 2014-0284 (Master Plan of Development) and Tree Removal Permit TRP 2014-0178 based on findings and subject to Conditions of Approval and Mitigation Monitoring; and 6. Adopt Resolution PC 2016-F recommending the City Council approve of Tentative Subdivision Map TTM 2014-0108, based on findings and subject to Conditions of Approval and Mitigation Monitoring. 13 PC Draft Action Minutes of 2/2/16 Page 7 of 9 MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt to adopt PC Resolution 2016-A, recommending to the City Council certification of MND 2015-0007, based on findings; and, MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt to adopt PC Resolution 2016-B recommending to the City Council approval of GPA 2014-0030 based on findings and, MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt recommending to the City Council approval of Title 9 Zone Text Amendment ZCH 2015-0178 establishing a PD overlay zone 33 based on findings; and, MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt to adopt PC Resolution 2016-D recommending to the City Council approval of Zone Map Amendment ZCH 2014-0175 based on findings; and, MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt to adopt PC Resolution 2016-E recommending to the City Council approval of CUP 2014-0284 (Master Plan of Development) and Tree Removal Permit TRP 2014-0178 based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt to adopt PC Resolution 2016-F recommending to the City Council approval of Tentative Subdivision Map TTM 2014- 0108, based on findings and subject to conditions of approval and Mitigation Monitoring. All of the Resolution Corrections and Clarifications as per (Exhibit A) were included in the recommendations except changing Item 2 to 2.5%. Motion passed 7:0 by a roll-call vote. 14 PC Draft Action Minutes of 2/2/16 Page 8 of 9 Chairperson Wolff reopened the Public Comment period. PUBLIC COMMENT The following citizens spoke during public comment: Dennis Moresco. Chairperson Wolff closed the Public Comment period. 5. PLN 2015-1571 – DOWNTOWN FIRST FLOOR OFFICE RESTRICTIONS EX PARTE COMMUNICATIONS: Commissioner Bourbeau spoke with Richard Shannon, Mike Sherer, and spoke to Kelly Gleason about the project. Community Development Director Dunsmore gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke on this item: Dr. Steven Goodman, Bob Wilkins, Michael Sherer, Paul Shannon, Richard Shannon who handed out an exhibit (Exhibit B) to the Commission, Dr. John Anderson, Brack Linscott, Dr. Jason Pambrum, Jim Shores, Dr. Mathew Coons, and Dr. Carolyn Murphy. Chairperson Wolff closed the Public Comment period. Discussion ensued on the item and the Commission stated they were not in favor of moving forward with a recommendation to Council. Commissioners Schmidt and Chairperson Wolff stated they would vote no on bringing the item back at the current time. Other Commissioners stated that staff should use incentives instead of code restrictions. MOTION: By Commissioner Dariz and seconded by Commissioner Bourbeau to continue the item to a date uncertain with a recommendation to send the item back to staff to do more work on the project in the following areas: incentives, waivers, Applicant/Owner: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2015-1571 – Downtown Code Text amendment limiting ground floor office uses. Project Location: Downtown Commercial (DC) Zoning District - West Mall, East Mall, and portions of El Camino Real across from the Sunken Gardens Project Description: The City will consider amendments to the Downtown zoning regulations limiting ground floor office uses within specific locations in the Downtown Commercial Zoning District. Staff Planner: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: 470-3446 Staff Recommendation: Planning Commission recommend approval of the proposed text changes to the City Council. 15 PC Draft Action Minutes of 2/2/16 Page 9 of 9 expedited permit processing, design requirements, parking study, tenant mix, publicizing the item, encouraging business, additional analysis, and possibly waiting until the pedestrian bridge goes in. Motion passed 5:2 by a roll-call vote. (Schmidt, Wolff voted no) COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT Community Development Director Dunsmore announced that the February 16, 2016 meeting agenda will have a tree removal permit and an oversized accessory structure. Community Development Director Dunsmore reported that the Commission will hear a General Plan Update/Annual Housing Report in March. Community Development Director Dunsmore gave an update on Strategic Planning, Smart-n-Final, the Hoff property, and Walmart. ADJOURNMENT – 10:35 p.m. The next regular meeting of the Planning Commission is scheduled for February 16, 2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: ____________________________ Annette Manier, Recording Secretary Adopted The following exhibits are available in the Community Development Department: Exhibit A – Halcon Memorandum Exhibit B – Downtown Atascadero Space Available (Richard Shannon) 16 ITEM NUMBER: 3 DATE: 2-16-16 Atascadero Planning Commission Staff Report – Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org PLN 2016-1581 Tree Removal Permit 2016-0197 9445 El Bordo Ave - Fredrick SUBJECT: The applicant is requesting the removal of two (2) native trees on a vacant single-family lot. The trees include a 48” DBH multi-trunk live oak tree, and a 26” DBH live oak tree. The arborist has assessed the declining trees and found that they are impacted with oak root fungus and are diseased beyond reclamation. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2016-A to allow the removal of two (2) native trees on a vacant lot, based on findings and subject to mitigation. Situation and Facts: 1. Property Owner / Applicant: Michael Frederick PO Box 573., Atascadero, CA 93423 2. Project Address: 9445 El Bordo Ave. (APN 030-441-022) Atascadero, CA 93422 3. Certified Arborist: Steven Alvarez, A&T Arborist PO Box 1311, Templeton CA 93465 4. General Plan Designation: Single-family Residential – Z (SFR-Z) 5. Zoning District: Residential Single-family – Z (RSF-Z) 6. Site Area: Approximately 1.54 acres 7. Existing Use: Vacant lot 17 ITEM NUMBER: 3 DATE: 2-16-16 ANALYSIS: The proposed tree removals include a 48” DBH multi-trunk live oak tree, and a 26” DBH live oak tree. The trees are visibly in decline with thinning foliage and few remaining live branches. The arborist has assessed the trees and found that they are impacted with oak root fungus and are diseased beyond reclamation. In January of 2015, three other live oak trees were removed on this site as emergency hazard removals and staff level tree removal permit due to tree failure and similar disease. The two subject trees currently being requested for removal are not imminent hazards that would be considered emergency removals, but they are diseased. These two trees were pruned and treated last year in an attempt to save the trees, but they have continued to decline. The owner is concerned that the tree root fungus will continue to spread to other trees, and therefore he is currently requesting removal. Tree removal permits are required for native trees proposed for removal on vacant lots. Planning Project Location Map Subject site 9445 El Bordo Ave. Atascadero State Hospital RSF Heilmann Regional Park RMF-10 18 ITEM NUMBER: 3 DATE: 2-16-16 Commission review is required for any native tree removal over 24-inches DBH. Tree removal permit fees are not required for dead or diseased trees. Photos of two (2) trees proposed for removal Tree Mitigation The Atascadero Municipal Code requires mitigation for all trees approved for removal, including dead or diseased trees, provided that they are not an imminent hazard necessitating emergency removal. The Tree Ordinance allows for either replanting of new native trees, or payment of mitigation fees to the tree fund. Based on the 74-inch cumulative diameter of the two trees, twelve (12) 5-gallon oak trees are required for replanting. The trees will require water until they are established. Alternatively, the applicant may choose to pay $616.67 to the City’s native tree mitigation fund. A combination of the two mitigation methods is permitted. Tree 2: 26-inch DBH diseased live oak Tree 1: 48-inch DBH multi- trunk diseased live oak 19 ITEM NUMBER: 3 DATE: 2-16-16 FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. (i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. 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. ATTACHMENTS: Attachment 1 – Arborist Report Attachment 2 – Draft Resolution PC 2016-A 20 ITEM NUMBER: 3 DATE: 2-16-16 ATTACHMENT 1: Arborist Report PLN 2016-1581 / TRP 2016-0197 21 ITEM NUMBER: 3 DATE: 2-16-16 ATTACHMENT 2: Draft Resolution PC 2016-A PLN 2016-1581 / TRP 2016-0197 DRAFT RESOLUTION NO. PC 2016-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2016-1581 / TRP 2016-0197, TO ALLOW THE REMOVAL OF TWO (2) LIVE OAK TREES TOTALING 74 INCHES DBH LOCATED AT 9445 EL BORDO AVE. (APN 030-441-022) WHEREAS, an application was received from Michael Frederick, PO Box 573, Atascadero, California 93423 (Property Owner), and by Steven Alvarez, A&T Arborists, PO Box 1311, Templeton California 93465 (Arborist), for a Tree Removal Permit to remove two (2) diseased live oak trees totaling seventy-four (74) inches DBH. WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on February 16, 2016, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. 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 of the City of Atascadero, in a regular session assembled on February 16, 2016, and resolved to approve Tree Removal Permit 2016-0197, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Required Tree Removal Mitigation 22 ITEM NUMBER: 3 DATE: 2-16-16 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 23 ITEM NUMBER: 3 DATE: 2-16-16 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2016-1581 / TRP 2016-0197 Conditions of Approval PLN 2016-1581 / TRP 2016-0197 9445 El Bordo Ave. Timing FM; Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 2. The applicant and/or subsequent owners shall defend, indemnify, and hold harmless the 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 proposed tree removal. Ongoing PS 3. The owner or applicant shall mitigate the tree removal by replanting native trees, making appropriate payment to the tree mitigation fund, or a combination thereof as shown in Exhibit B. Larger box trees may be substituted for five-gallon replacement trees per the Atascadero Native Tree Guidelines. Tree removal PS 4. Payment to the tree mitigation fund or approval of a tree replanting and irrigation plan shall occur before trees are removed. Tree removal PS 5. If tree replanting is selected, the owner or applicant shall provide irrigation to new trees until they are established. Tree planting PS 24 ITEM NUMBER: 3 DATE: 2-16-16 Exhibit B Required Tree Removal Mitigation PLN 2016-1581 / TRP 2016-0196 Either plant twelve (12) 5-gallon oak trees, or pay $616.67 to the City’s native tree mitigation fund, or a combination thereof. 25 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2016-1578 / CUP 2016-0295 Oversized Accessory Structure 4300 Potrero (Geiger / Ruggiero) SUBJECT: The project is a detached accessory structure in excess of fifty percent (50%) of the gross floor area of the primary residence in the Residential Suburban (RS) zoning district. RECOMMENDATION: Staff Recommends: The Planning Commission (PC) adopt Resolution PC 2016-A approving Conditional Use Permit (CUP) 2016-0295 allowing a 3,200 square-foot detached accessory structure based on findings and subject to conditions of approval. Situation and Facts 1. Applicant: Jamie Ruggiero, 4300 Potrero Road, Atascadero, CA 93422 2. Owner: Holiday Geiger, 4315 Trieste Drive, Carlsbad, CA 92010 2. Project Address: 4300 Potrero Road, Atascadero, CA 93422 APN 049-061-006 3. General Plan Designation: Rural Estate (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 3 acres ITEM NUMBER: 4 DATE: 2-16-16 26 6. Existing Use: Single-Family residence 7. Environmental Status: Section 15303 Categorical Exemption: New Construction or Conversion of Small Structures DISCUSSION: Background The site is located near Traffic Way, on Potrero Road across from San Benito Elementary. The property is approximately three acres in size. Location and Zoning Surrounding Land Use and Setting: North: Traffic Way / Railroad Rural Suburban (RS) South: Residential Suburban (RS) East: San Benito Elementary School West: Residential Suburban (RS) Commercial Retail (CR) along El Camino Real The applicant intends to make multiple improvements to the property. Under separate permits, a second residential unit, a detached garage, and an oversized detached metal building are proposed. This conditional use permit is required in order to build the metal building, which will be a 3,200 square-foot, one story shop. The approximately 16-foot Project Site 4300 Potrero Road San Benito Elementary School Del Rio Road Traffic Way El Camino Real RS District 27 tall metal building will be used to store a recreational vehicle, boat, golf cart, two classic cars, and yard equipment. An amateur art studio/craft area will also be included. The existing residence is 1,933 square feet in size. The City has a building permit record from 1976 for a 1,520 square-foot residence. Further the San Luis Obispo County Residential Building Record for the property lists the size of this residence as 1,521 square feet. At some point in the past, an addition was made to the house without a building permit. The applicant is working with City staff to acquire building permits for this portion of the residence. Proposed development includes: Existing residence addition “as-built” 413 sq. ft. Second residential unit 1,172 sq. ft. Garage attached to second unit 484 sq. ft. Detached garage 874 sq. ft. Oversized accessory structure 3,200 sq. ft. All weather driveway Second septic system ANALYSIS: Residential Accessory Use Atascadero Municipal Code (AMC) Section 9-6.106 limits residential properties to two detached accessory structures requiring building permits. These structures can be as large as 50% of the size of the primary residence. Deviation from these standards requires a minor Conditional Use Permit (CUP). Without a CUP, this detached accessory structure would be limited to 967 square-feet of floor area. The floor area of the proposed 3,200 square-foot structure is approximately 166% of the size of the primary residence. The structure is entirely unconditioned space. The plans show the building attached to its own septic tank as well as the leach field for the second residential unit. The applicant does not intend to install any plumbing fixtures in the building at this time. AMC 9-5.020 does allow plumbing fixtures, including a bathroom with shower, when the property owner records a deed restriction limiting the use of the structure to non-residential purposes. Native Trees The only native tree potentially impacted by development of this site is located between the existing residence and the proposed second residence. No construction activities are proposed under this tree. Other large trees on the site are pine trees. 28 Aerial Photograph Neighborhood Compatibility The proposed structure is particularly large when compared to the primary structure. However, it is situated at the rear of the property, so will be less visible from the public streets. In addition, it is setback about 75 feet from the both side and the rear property lines. The proposed metal building is not designed with architecture or materials similar to the residences on site or in the neighborhood. However there are similar accessory buildings nearby. The proximity of this area to the railroad and industrial sites on Traffic Way paired with larger lot sizes has resulted in a neighborhood with a number of large metal buildings of similar scale. Some photographs of nearby buildings are included below: San Benito Elementary School Bus Barn Project Site 4300 Potrero Road Proposed location for new accessory structure 29 San Benito Elementary Bus Barn 3660 Traffic Way 3320 Chico Road 1650 Traffic Way 2200 Traffic Way 30 ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under CEQA Section 15303, New Construction or Conversion of Small Structures, specifically the construction of accessory structures including garages. CONCLUSION: The applicant is proposing a detached accessory structure with a gross floor area in excess of 50% of the gross floor area of the primary structure. The proposed design and placement of the structure is generally consistent with the character of neighborhood. ALTERNATIVES: 1. The Commission may include modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Site Photographs Attachment 2: Conceptual Floor Plan Attachment 3: Applicant Statement of Justification Attachment 4: Draft Resolution PC 2016-A 31 ATTACHMENT 1: Site Photographs PLN 2016-1578 / CUP 2016-0295 Primary Residence Existing Driveway Northwest Corner of the Property Northeast Corner of the Property Southwest Property Line Northeast Property Line 32 ATTACHMENT 2: Conceptual Floor Plan PLN 2016-1578 / CUP 2016-0295 80 feet 40 feet 33 ATTACHMENT 3: Applicant’s Statement of Justification PLN 2016-1578 / CUP 2016-0295 34 35 ATTACHMENT 4: Draft Resolution PC 2016-A PLN 2016-1578 / CUP 2016-0295 DRAFT RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2016-0295 (PLN 2016-1578) ALLOWING A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE 4300 POTRERO ROAD / APN 049-061-006 (GEIGER / RUGGIERO) WHEREAS, an application has been received from Applicant, Jamie Ruggiero (4300 Potrero Road, Atascadero, CA 93422), and Property Owner, Holiday Geiger (4315 Trieste Drive, Carlsbad, CA 92010), to consider a Conditional Use Permit (CUP 2016-0295) to allow a 3,200 square foot detached accessory structure, which is larger than 50% of the gross floor area of the primary structure; and, WHEREAS, the site’s General Plan designation is Rural Estate (RE); and, WHEREAS, the site’s zoning is Residential Suburban (RS); and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Section 15303: New construction or conversion of small structures; 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 Minor Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 16, 2016, studied and considered the Conditional Use Permit 2016-0295; and, 36 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: 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303, New construction or conversion of small structures, of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and Detached accessory structures are consistent with the Rural Estates designation of the General Plan. The size, use and appearance, are compatible with the surrounding neighborhood as required by Land Use, Open Space and Conservation Element Program 1.1.6. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance), and As proposed, the project will meet the property’s setback, height and other site design requirements. The use of the structure will be limited to uses permitted by the Zoning Ordinance. The project, with Planning Commission approval of the CUP for a size exception, satisfies all applicable provisions of the zoning ordinance related to residential accessory structures. 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 The storage of personal belongings and non-commercial amusements are activities typical of residential neighborhoods. The structure itself will be constructed to meet the standards of the building code. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and The structure is placed relatively discretely on the property. The neighborhood contains other similar building. The proposed use of the structure is compatible with the neighborhood. 5. That the proposed 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 37 of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and The addition of a residential workshop/garage will not contribute additional traffic in the neighborhood beyond that expected for the home and second residential unit. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Consistent with City Policy, the accessory structure may not be used as an additional residential unit. Detached accessories structures are permitted in the residential districts. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session, assembled on February 16, 2016 resolved to approve Conditional Use Permit 2016-0295 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Elevations 38 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 ______________________________ Jan Wolff Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 39 EXHIBIT A: Notice of Exemption PLN 2016-1578 / CUP 2016-0295 40 EXHIBIT B: Conditions of Approval PLN 2016-1578 / CUP 2016-0295 Conditions of Approval PLN 2016-1578 / CUP 2016-0295 4300 Potrero Road Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the construction of a 3,200 square foot detached accessory structure at 4300 Potrero Road, described on the attached exhibits and located on APN 049-061-006, regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP PS 4. The Community Development Department shall have the authority to approve minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. BP PS, CE 5. The applicant shall defend, indemnify, and hold harmless the 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 construction or use of the detached accessory structure. Ongoing PS 6. Architectural elevations shall be consistent with Exhibit D. Building color shall be an earth toned hue to be approved by Planning Services staff. FI PS 7. All utilities servicing the accessory structure shall be installed underground. BP PS, BS 8. The accessory structure shall not be used as a secondary residential unit. The accessory structure shall not have cooking facilities including a kitchen or wet bar. No overnight stays are permitted. Ongoing PS Building Services Conditions 9. A building permit for unpermitted addition(s) to the existing primary residence shall be issued before a building permit for the detached accessory structure may be issued. BP PS, BS 41 Conditions of Approval PLN 2016-1578 / CUP 2016-0295 4300 Potrero Road Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 10. The building permit for unpermitted addition(s) to the existing primary residence shall be finaled before the building permit for the detached accessory structure may be finaled. FI PS, BS Public Works Department Conditions 11. A site grading and drainage plan shall be submitted to the City, to be approved by the City Engineer. BP CE 12. A storm water control plan shall be submitted to the City, to be approved by the City Engineer. BP CE 13. Hydraulic analysis consistent with City regulations shall be submitted to the City, to be approved by the City Engineer. BP CE 14. An encroachment permit in is required for driveway approaches proposed on Potrero Road. Encroachments in the City right-of-way shall be designed and constructed in conformance with City standards. BP CE 15. Erosion control and dust control shall be in place at all times during ground disturbing activities. Said control measures shall remain in place until 70% or more of the disturbed surfaces show signs of re- vegetation, to the satisfaction of the City Engineer. If hydro-seeding is used on-site, the seed mixture shall be comprised of a mix of native grass and plant species, to be approved by the Community Development Director and City Engineer. BP CE Fire Department Conditions 16. The detached accessory structure shall comply with all Fire Department standards and requirements including driveway length, width, surface and slope, dry line and fire truck turnaround. BP FD 17. Fire sprinklers shall be installed in the detached accessory structure in compliance with Fire Department standards. BP FD 18. A Knox Box to allow Fire Department access shall be required if a gate is installed over the driveway. BP FD 42 EXHIBIT C: Site Plan PLN 2016-1578 / CUP 2016-0296 Proposed oversized accessory structure Proposed detached garage (under separate permit) Existing residence Proposed second residence (under separate permit) Fire turnarounds All weather driveway 43 EXHIBIT D: Elevations PLN 2016-1578 / CUP 2016-0295 Approximately 16 feet in total height 14’ Slope of roof: 1:12 44