Planning Commission - Regular Meeting

Do you want to do the pledge of allegiance? I'll say you're going to lead us in the pledge of allegiance and then we'll stand and look at. Are we ready? I didn't hear the Zoom thing. So, okay. I'm going to call to order our regular meeting of the city of Atascadero Planning Commission. Today is Tuesday, November 4th and um Commissioner Frell is going to lead us in the pledge of allegiance. Roll call, please. Commissioner Frell,

present. Commissioner Heath, present. Commissioner Jones has an excused absence. Commissioner Omali, here. Commissioner Paceio has an excused absence. Vice Chairperson Anderson, I'm here.

Chairperson Keane here. Five present and two excused absences. If you're attending in person or listening on uh or listening to us on Zoom, welcome. Um right now we'll open the public comment. Uh 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 jurisdictions. Um you can come up to the podium and please limit your um your time to three minutes and say your name for the record. Okay. Seeing no one, I will close public comment. And now I will open public comment for the consent calendar items. Is there anyone wanting to provide public comment on the consent calendar? Okay, we will close that public comment. Uh do any commission members wish to ask any questions about or pull any items from the consent calendar? Okay. Then we will move on to approval of the consent calendar. Can I have a motion?

So moved. I'll second.

Oh, roll call, please. Vice Chairperson Anderson, yes. Commissioner Heath, yes. Commissioner Frell, yes. Commissioner Omali, yes. Chairperson Kaine.

Yes. Motion passes. Okay. Is there any planning commission business? No. Any community development staff reports? Nope. Okay. We'll move on to our public hearing. We have one item on the docket tonight. Um first we'll talk about exparte communications. Commissioner Frell, do you have any exparte on this item? I'm sorry. Repeat the question. Do you have any exparte on this item? I do not. Commissioner Heath, no exparte. Commissioner Melly, no. Vice Chairperson Anderson? No, I do not.

And I do not either. So, we're ready to be dazzled. Thank you. Um, commissioners. Um, so tonight's item, um, is actually our planner, Will Daniels, has been working on. Um, I think that you have all met him before, but I think this is the p first item he's had in front of you. Um, so he is gonna We did have our all all-in staff day today um for the city staff. So you can see some great swag that we um got uh to cheer each other on. Um so Will will be doing our presentation and then we'll be available if you guys have any questions. I would like one of those foam fingers, please. Sorry, you have to work at the city. Apologies.

What I do is not work apparently. And um what you do is volunteer and we appreciate your service. I don't get a foam finger. I just get a thank you finger. Thank Thank you for your service.

Okay. Good evening, chairperson Keane, members of the planning commission, and members of the public. The project before you is use 250060, a request for a conditional use permit for a sales lot with a fencing and screening modification located at 97 East 9700 East Front Street. The project site is the home of the California Meridian as well as the nest. Um it's adjacent to the the post office as well as the Chevron. Uh it's an undeveloped portion of a larger commercial lot that has been used as temporary staging for commercial projects in the past. The project site takes up approximately 64 acres of the total 1.97 acres of the parcel. It's zoned commercial tourism. Sales lots within the commercial tourism uh zone require a conditional use permit. The uh project that we're looking at tonight was established without the pro the applicable entitlements. The applicant did not know at the time that the uh entitlements were required. And so now we're working with them to retroactively apply for the appropriate entitlements. This project um is an outdoor sales lot for pre-fabricated accessory structures uh with access from East Front Street. Uh the applicant is proposing a 10-foot uh landscaping buffer with street trees and medium height grasses consistent with the Atascadero Municipal Code requirements. The site is compacted road base. Approximately 14,000 square ft uh

will be uh just the storage of the accessory structures and 7,000 square ft uh will be the loading and unloading as well as parking. Parking uh is there is no minimum set by the Atascan Municipal Code. It is up to what the uh planning commission uh believes would be appropriate. Through discussions with the applicant, we feel that the proposed four spots along with the ADA accessible space will be appropriate. All structures on the site are for sale uh including the office space and will be unloaded and loaded on site. The project will also include an ADA accessible portable restroom and an ADA accessible office. The applicant is requesting a modification to the applicable fencing and screening standards. Um, moving on to the fencing modification. Uh, so the Tuscadera Municipal Code uh requires uh four sales lots in this zone. a three-foot uh tall max fence height within the front uh front buffer. And that fence is to be constructed of decorative rot iron or wood rail. What's existing today, we can see it at the um top right of the slide, is a 6-ft tall chain link fence. Uh the applicant would like to retain the 6-ft tall chain link fence for security reasons. Um staff recommends a 4-ft tall decorative fence with some additional wire 6 foot on center kind of in between the slats of the decorative fencing and that would allow for a increased security as well as enhancing the

aesthetic of the city's commercial districts. Um, continuing the aesthetics, uh, the applicant is also requesting a screening modification. So, the Atascadero Municipal Code requires sales lots, all interior, uh, property lines to be screened with a 6ft tall um, solid block uh, block wall. The applicant is proposing to retain the existing 6-foot chain link fence with the evergreen landscaping. Uh the municipal code permits chain link uh as a screening modification if it's vinyl coated with evergreen landscaping, but the planning commission uh may modify the standard if it feels it's unnecessary. Um staff believes that the existing screening on both sides is efficient is sufficient and the additional screening of vinyl coating uh would be unnecessary. Staff has reviewed this project and our overall recommendation is to adopt the draft planning commission resolution approving conditional use permit use 250060 to allow for a sale lot with a fencing and screening modification on APN056 081 036 subject to findings and conditions of approval. questions.

So, just to be clear, when we talk about the decorative fencing, we're just talking about the fencing along Front Street, not on the sides. Not on the sides. Okay. Just wanted to make sure. Mhm. Anybody have questions of staff? think of anything that would happen. You don't have to have questions. Sure. Um is there are there any restrictions on future use of this this lot?

This would not um increase any restrictions to the the use of this lot. It would still have the same development potential as it as it does now. So the approval of conditional use permit would run with the land. And so um if this particular use were to go away and within six months another um outdoor storage or outdoor sales lot of outdoor sheds were to um come in than they could establish under the conditions of this conditional use permit. if a completely different use wanted to come in or sales of different um items, that would again be a conditional use permit. Or if it was just an allowed use, it would be allowed and they would um follow the municipal code requirements for whatever development they're doing. Um and so um there's no additional restrictions, but this will run with the land for sales lots for um outdoor sheds and small accessory structures.

Okay. just want to make sure it wouldn't, you know, change radically over over time. So, I'm all for it. Applicant, do you have anything that you'd like to present to the commission?

If if if you do, you got to come up to the microphone. Uh, check. I think we're good. Can you hear me? Don Borboa, I'm the applicant. Will, thank you for uh the recommendation. The one question I do have, and I understand you guys have, you know, met us halfway on a lot would would be, you know, the sixoot fence in the front, lowering it to four does does give me some security concerns. Um, not just from, you know, a cost perspective of having to redo that fence, but with the existing six-foot fence, I've woken up transients in our sheds before. Like my my wife and daughter come work when I'm not there. She's a year and a half old. Like I it does bring me a little bit of concern if we were to lower that because if anything, I would want to put razor wire or something. You know, I'm not proposing this now, but I'm saying I feel like we're going the opposite direction of what I would prefer to do from a security standpoint to protect the assets on the lot. So, I don't know if that's something that can still be discussed, but I just kind of wanted to to touch base on that with with all of you.

Would you be open to an alternative six-foot fence if it wasn't the chain link? possible like a six foot rod iron fence. Yeah, I feel like four foot four foot is kind of easy to climb at least in my mind. Um so yeah, maybe keep at least the same height on it. It helps to understand why you want the sixoot fence. So appreciate your comments. Yeah, security. Okay, I I have I have nothing else. You guys have questions for me particularly? Yeah, go ahead, Commissioner. I was just curious, are there other security measures? Like do you have cameras on your property or

We want to get to a point to where we have that. Um it's pretty cost intensive to run it all off like battery pack. So right now we have a really low impact to the actual lot itself. Um we're not tied into any, you know, municipal utilities, no water. Um the the deterrents I have right now are fake cameras and signs that posted that are saying there's 24hour video surveillance. Um just from like a cash flow perspective, we haven't gotten to the point to where I wanted to invest into uh you know 24/7 continuous monitoring, but that is the end goal. Um it would save us from having to lock the units every day and just you know like regular like house cleaning housekeeping um you know close in close out type things that we do right now. Um so eventually yes but currently notice deterrence with signs.

Okay. Yeah. Thank you. Uhhuh. Thank you. Any other members of the public wishing to speak? Go ahead. You state your name, please.

My name is Ted Jacobson, 8055 Crystal Ball. I'm the building owner that's in front. Uh, it's my property, and I just wanted to address the 6ft fence. We've had problems with homeless people coming into the major property there, and we put up that chain link fence. It's not cheap, but the sixoot fence was over $5,000 to put up. uh if you drop it, it just makes it easier for people to crawl over it and then they come onto the other property and do damage uh on the main building. So, I I would recommend that you allow the sixoot st fence that's there to stay. And uh I know I'm going to go out there tomorrow and weed whack, you know, the weeds that are along the the front road. But, uh it's it's to the test of time and it really has cut down on transient uh migration through the lot. So 4 foot is not much of a deterrent to people crossing that lot. Uh and I mean you can ask me questions about the property. Uh or I can sit down, but I would suggest you leave the allow the sixoot fence to stand and don't uh change it from that standpoint. It really isn't that bad uh looking from the street or the freeway. The the view from the freeway only lasts about six, seven seconds. and you have a lot of other lots in this town along the freeway that don't have these same standards that you're trying to uh suggest. So, I'd ask that you make an exception and allow it to stand and if we have problems, you know, we'll we'll fix it. But that's my suggestion.

Thank you. You're welcome. There you go.

Good even Good evening everyone. My name is Drew Lewis. Uh along with Ted, I'm one of the owners of California Meridian Insurance, the insurance agency that is neighbors with Dalton's project. I just want to say that we support his project and what he's doing. I think one of the things that makes this country great is that people are willing to stick their necks out there and start a business. Having young kids at home, other jobs, and to come in and start something from scratch is pretty exciting. And I know for us and our employees and the other businesses in our complex support what he's doing. We've had folks that have recommended people to come buy sheds from him and it's just a really it's a good thing. So just a vote of support.

Thank you.

Okay, we'll go ahead and close public comment. Um can you put up the pictures of the surrounding properties again? Do you have one from Front Street? That's the only one. Like, do you do you know what? There we go. Okay. And then the post office has a 8ft tall chain link fence, 10 foot tall. I believe it's I believe it's higher. I I haven't measured it, but

Okay. So, I think the biggest issue with this item is what we're going to do with that frontage chain link fence, whether we want to allow it to stay the chain link fence, um, require it to be some other kind of fence, lower the height. So, any comments, questions, discussion on that point, or do we want to skip it and somebody wants to make a motion? Um, I I would just say that that the chain link fence because of the product that's being sold, it almost disappears when you look at it. You know, you're more looking at the product than than the fence. And in this particular case, I don't think it detracts from the the neighborhood of the area. A lot of times we don't like chain link fence because they look like industrial and prison type stuff. But in this case, I think it it's actually adequate and and personally um don't think that it detracts from the the frontage road at all or and it helps to show off the the product without too much distraction. So I don't see that any any problem in leaving it with the sixoot chain links.

Yeah, similar comment. I I agree. The fence doesn't seem to be the issue. Can we go back to that last picture where you have the um drawing that you had the Yes. So, it's this green section that you're asking them to Is that the only side that you're asking them to drop the fence line?

Yeah. So, along uh East Front Street, there will be a 10-ft landscaping buffer. So, that's that that green. Uh there will be some street trees in there as well as some medium height grasses and then um the we're only asking for the fence along uh front street to be lowered. Is it possible to add that landscaping without adjusting the fence?

Yeah, it's possible to to plant the trees without moving the fence. I believe our municipal code required that the fence be set back three feet from the back of sidewalk and so it would be in the centerish of the landscaping and if they okay maintained the current fence most of the landscaping would be behind the fence. That's what I was curious. I couldn't tell if we were moving back or just dropping down. So, we have a few feet we need to move back in addition to the direction to Yes, that would that would be the um the municipal code requirement, but the planning commission does have the option of modifying those requirements.

Um what kind of if if we were to have the fence changed, what kind of could we say like within a year it needs to be done? Can we put those kinds of stipulations on it? Can we You You can establish a time frame um with not even just code enforcement cases, but but anything where you um establish a use that doesn't um have a lot of permitting requirements. They will need a building permit for some of their accessibility upgrades and their parking lot upgrades. um it really should be tied with the building permit because there's no ability to really I mean we can revoke a conditional use permit and we can do fines um but we really don't want to be in that situation. So it really is best to um do everything with the building permit and I believe we gave them 6 months to come in and an engineer has to draw up some things for accessibility and all those things. So, we did give them six months to come in and get the building permit and then they would have um some some additional time after issuance of the building permit to install all of those items.

And then um making sure that that area stays free of weeds and stuff. That's part of our municipal code. Yeah. And that's part of the 10 10ft landscape buffer area. So, it's one of the reasons why um the conditions stipulate some of those sort of medium-sized grasses like a deer grass or or an oat grass um so that they are a little bit more shrublike and then it's a deterrent for weeds or for people stepping on them and and you know killing them and and then they don't have a a look to them anymore.

Okay. So, just to be clear, if um you know, the 10-ft uh setback was put in place for the for the landscape, the fence would still have to be moved 3 ft or where it's standing right now could be

that is up to planning commission's discretion. So staff's recommendation um based on the intent of the municipal code and for you know making aesthetics better um throughout our town for um economic development purposes would be to replace the fence. Um once they would replace the fence, it would be easy for them to relocate it the three-foot back to meet municipal code standards. Um but if the planning commission um allows them to keep their existing fence, we wouldn't necessarily have that relocated unless the planning commission specified that. Um, but if it was a different fence design, then we would be asking that they located the three-foot back to meet municipal code standards. Okay. Thank you for the clarification.

I would just remind the planning commission that there are findings to be made if you are going to modify the fencing requirements and those are in the resolution, but um those are the findings that you would be looking to if you are looking to deviate from the municipal code. So characteristics of the site or site vicinity would make required fencing or screening unnecessary or in or ineffective. And then the second existing fencing is consistent with the neighborhood character and does not impair sight distance for vehicular traffic. Thank you. Thank you.

So I'll just share my thoughts. It seems like a really big expense, but I understand that we're trying to beautify and this is a great time to do that. That that's basically it right now. So thoughts? Well, I certainly understand wanting to keep the six whatever they have a six foot high right now. Um, but I I like the idea of the buffer between not only for the the presentation piece, but I think it also again will deter people from wanting to cross over. Um, so I would think if there's a way that we can keep that height and and move it back and and proceed with the um the trees and the grasses, that would be my suggestion and preference. But yeah, I was sort of visualizing like one of those tall rod iron fences that you cannot climb except there's chain link around it, but that would still give more with the landscaping. It would give more of a deterrent, but I agree. It makes sense that they want a 6ft tall fence there.

Just make it prettier. Thoughts, Commissioner Heath?

Okay. Commissioner Frell, I think the existing fence is adequate um for the type of the the industry of the business and the lot itself. And yeah, it's rarely noticeable. Mhm.

Um safety is a concern and as a small business owner, I can understand that and respect that the cash flow issue. Um, but you got to have some type of deterrent. I think the rod iron fence is the ideal scenario. However, that is another expense. But in my mind, the existing fence, it it it's sufficient. I mean, if you've been able to detour people historically with that height fence, of course, lowering the the fence is going to only attract more. Um, so yeah, I I think that I'm fine with the existing fence as it is and having some some of that landscape will help as well.

So, I think we're mostly in agreement about the six foot tall. Okay. So, we need to decide if we want that 10- foot buffer or not um and whether we want to have that fence moved. And and and I did want to clarify that the 10 foot foot buffer is would be installed regardless of the fence location, if it was a new fence, if it was the existing fence. It's just a matter of how much is on one side of the fence versus the other side of the fence. So, um, the applicant, you know, is prepared to meet that municipal code standard. Okay.

Can we go back to the image of the entryway of the property, please? Thank you. I'm just wrapping my head around that 10-ft landscape. It's It's hard to see it from there. Can we get that um aerial view again? So, it looks like there's just like a foot or two between the current fence and the sidewalk right now. or it's right up on it.

Yeah, I believe that the the fence that's existing right now is is right up against the public right ofway.

Okay, chairperson. Um I just want to make a comment that this this lot is undeveloped and it's we're not really developing the lot. So, I don't see the sense in putting a lot of money into a rod iron or expensive fencing, which rot iron gets really expensive, um, and putting that onto the owner for just aesthetics for something that may not be a long-term project. You know, we don't know how long this this business will be in there. And um since it's surrounded by chain link, I don't think it's really going to put too much um effect to it totally. I do see as running down the the highway, you'll see a chain link fence and then you'll see the product behind it. Um, I think that if the if the 10-ft landscape is done well with some trees and some real nice landscaping, that's going to really just make that chain link melt away. And whether it's 3 feet from the sidewalk or right up against it, I don't think it's going to make it too much difference. In fact, it would actually be easier to maintain if it's all behind the fence.

Yeah. Well, and you know, we want people to open businesses here, but we want to make our city pretty. So, there, you know, I like I think compromise is good. So, it's a right balance.

Yeah. So, um I will make a motion and I will do the finding that the characteristic of the cider sight vicinity would make required fencing or screening unnecessary or ineffective and that the current fence is adequate. Uh so yeah, the existed fence is consistent with the neighborhood character and does not impair sight distance for vehicular traffic. That finding as well. Um we uh I would like to allow the current fence to stay so the 6ft height can stay um with the planned 10-ft landscaping. Um, and I would like to with those findings and modifications, I would like to move make a motion to adopt draft PC resolution approving a conditional use permit use 25-0060 to allow a sales lot with a fencing and screening modification on APN056-081-036 subject to findings and conditions of approval. One point of clarification, is the fence staying in its current location or is it moving um that 3 ft buffer from the public right of way?

It can stay where it is. So, the current fence is adequate for the use of the lot. So, what I just to kind of clarify the motion, um I've heard a motion to adopt draft planning commission resolution approving the conditional use permit to allow a sales yacht with a fencing and screening modification um that allows the all of the existing fencing to remain um and the inclusion of a landscaping buffer. Correct. And making the findings necessary regarding the same. Yes. Yeah. And I think the landscape buffer was already part of the condition, but sure, we can doubly say that if we want to. So confirming that's the intent of the motion.

Yes. Okay, great. Any seconds? I'll second that. Roll call, please. Chairperson Keane, yes. Vice Chairperson Anderson, yes. Commissioner Ferrell, yes. Commissioner Heath, yes. Commissioner Ali, yes. Motion passes.

Good luck with your project. Okay. Um, any commissioner comments and or reports? Any other things y'all are doing in the community that you would like to report on? No. The director's not here, but but I am. What's your title again? Planning manager. Had to think about that. So, that needs to say planning managers report. I think it should as well.

Um, I don't know that we have much already scheduled for your next few meetings. Um, we did unveil our general plan at our last meeting and I would encourage you all to continue reading through that lovely document and forwarding any comments our way. Um, it also might behoove you to watch the council meeting from the 28th where we also talked about the general plan a little bit. They did make some recommendations for some tweaks to the land use map, um, and some allowed uses in certain areas, um, after some neighbor comment. Um, and as you know from press releases, um, we did receive an application from Chick-fil-A. Um, and so that will eventually be before you. Obviously, they're in the very preliminary stages of their review with their traffic engineers and some of their site planning. Um, but that will be coming before you um hopefully sooner rather than later. Um, and that is all I have to report for today. The only thing I like more than Taco Bell, it's Chick-fil-A. Well, they'll both be up there right in your neck of the woods.

I don't know how I'm going to make the decision. Oh, wait. In-N-Out is up there, too. And we have that as well. We're the place to be at Tuscadero. Yeah. Your property value is just increasing by the day. Totally. I got to get my kids to ride a bike so they can go get me my Chick-fil-A. Okay. So, do we have items on the agenda for the 18th currently? None currently. Um, so be watching your city email for any notifications of cancellation. um cuz sometimes things creep up on us and we do have an item but currently none scheduled.

Okay. Well, I will adjourn this meeting until the next regular meeting um on November 18th and everybody watch for that cancellation or be here.