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HomeMy WebLinkAboutPC_2002-01-15_MinutesCALL TO ORDER iX FEB 0 5 200? CITY OF ATASCR PLANNING CITY OF A TASCADERO PLANNING COMMISSION MINUTE Regular Meeting January 15, 2002 — 7:00 P.M. Acting Chairman Kelley called the meeting to order at 7:09 p.m. and Commissioner O'Malley led the Pledge of Allegiance. D"I T CAT i Present: Commissioners Fonzi, Kelley, Norton and O'Malley Absent: Commissioners Blaser, Bentz and Chairman Eddings Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Associate Planner Jamie Kirk, Assistant Planner Glenn Rider and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 18, 2001. MOTION: By Commissioner Norton and seconded by Commissioner Fonzi to approve the Consent Calendar. AYES: Commissioners Norton, Fonzi, O'Malley and Acting Chairman Kelley NOES: None ABSTAIN: None City of Atascadero Planning Commis. on Minutes Motion passed 4:0 by a roll -call vote. Regular Meeting January 15, 2002 Page 2 of 8 City Clerk Marcia McClure Torgerson addressed the Commission giving an overview of the itinerary and arrangements for the upcoming workshop in San Diego. Commissioners will be receiving a packet in the mail containing all necessary information. PUBLIC HEARINGS 2. PROJECT TITLE: VARIANCE 2001-0002 Applicant: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 (Agent: Kenneth Wilson, Wilson Land Surveys) Project Location: i 13800 Old Morro Rd., Atascadero, CA 93422, San Luis Obispo County APN 055-243-002 Project A request for a reduction of the required 25 -foot front setback in the Residential Description: Suburban Zoning District to allow the construction of a single family residence and avoid the removal of several significant oak trees. The proposed project site is currently undeveloped and located in the Residential Suburban Zoning District, and has a Suburban Single Family General Plan Designation. Environmental Class 5 Categorical Exemption: The project qualifies for a Categorical Determination Exemption under CEQA Article 19, Section 15305, Class 5a; setback variances not resulting in the creation of any new parcel. staff That the Planning Commission adopt Resolution No. PC 2002-0002 approving Recommendation a Variance, a request for an exception from the required 25 -foot front setback based on findings and subject to conditions. Assistant Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT None Acting Chairman Kelley closed the Public Comment period. Acting Chairman Kelley indicated several concerns with the project including: 1) the grade mark on the left rear of the house places the house 8 to 9 feet out of the ground where it can be seen from Highway 41, 2) the condition of the trees and the back line of the home which impedes the drip line of the trees by approximately 10 feet, and 3) the proximity of the home to the road. He suggested the applicant return with an arborist's report and a plot plan. City of Atascadero Planning Commist on Minutes Regular Meeting January 15, 2002 Page 3of8 Commissioner Norton stated that she would like to have this project revisited, she is not in favor of the porch which brings the home too close to the road, she would be in favor of reorienting the home to address the issues of distance from the road and visibility. Commissioner Fonzi stated that she would be in favor of continuing this item. MOTION: By acting Chairman Kelley and seconded by Commissioner Fonzi to send this project back to staff with a recommendation for staff to work with applicant regarding obtaining an arborist's report and alternate designs for the home and lot. AYES: Commissioner Fonzi, Norton, O'Malley and Acting Chairman Kelley NOES: None ABSTAIN: None Motion passed 4: 0 by a roll -call vote. Community Development Director Warren Frace explained the voting procedure for Items #3 and 4 (zone changes). Because these items deal with a change to the City zoning ordinance the requirement states that a majority of the entire Planning Commission (4 votes) must affirm any recommendations to the City Council. 3. PROJECT TITLE: TENTATIVE TRACT MAP 2001-0012, ZONE CHANGE 2001- 0020, CONDITIONAL USE PERMIT 2001-0052 Applicant: Elbert and Wanda Gifford, 13505 Onispa Road, Atascadero, CA 93422 Project Title: Tentative Tract Map 2001-0012, Zone Change 2001-0020, Conditional Use Permit 2001-0052 Project Location: 5080 Palma Avenue, Atascadero, CA 93422 / APN 029-302-050 Project A proposed rezone from Residential Multi -Family (RMF -10) to Residential Description: Multi -Family with a Planned Development 7 Overlay Zone (RMF -10 / PD 7) and a 5 -lot Tentative Tract Map of a site currently developed with individual residential units built in conformance with the RMF -10 zoning standards. The project would approve a small lot subdivision thereby allowing single lot ownership of the existing individual units. No additional construction is proposed on the site. General Plan Designation: Low Density Multiple Family; Zoning District: RMF -10 Environmental PROPOSED NEGATIVE DECLARATION 2001-052: Based on the Determination findings of the initial study, the Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project, with the incorporation of the proposed mitigation measures. The proposed Negative Declaration is available for public review through January 15, 2002 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Minutes Regular Meeting January 15, 2002 Page 4 of 8 Associate Planner Jamie Kirk provided the staff report and City Engineer Steve Kahn answered questions of the Commission. PUBLIC COMMENT Michael Sherer, applicant's representative, stated that they have not had time to discuss the conditions of approval with staff and requested a continuance. The applicant is concerned with downstream drainage, the retention pond, and parking and street improvements. MOTION: By acting Chairman Kelley to continue this item until the applicant can meet with staff regarding his concerns with the Conditions of Approval. Community Development Director Frace suggested that the Public Comment portion of the hearing be closed prior to making a motion. Commissioner Fonzi requested the applicant provide additional figures on the size of the drainage basin as provided in the original plans, and that the engineer for the project calculate the area that would be excluded if it were fenced for drainage. Acting Chairman Kelley closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner Norton to continue this item for further discussion at a later date. AYES: Commissioners Fonzi, Norton, O'Malley and Acting Chairman Kelley NOES: None ABSTAIN: None Motion passed 4:1 by a roll -call vote. Staff Staff Recommends the Planning Commission: Recommendation 1. Adopt Resolution No. PC 2002-0003, recommending that the City Council certify the proposed Negative Declaration 2001-0052; and, 2. Adopt Resolution No. PC 2002-0004, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0020; and, 3. Adopt Resolution No. PC 2002-0005, recommending that the City Council approve Conditional Use Permit 2001-0049 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt Resolution No. PC 2002-0006, recommending that the City Council approve Tentative Tract Map 2001-0012 subject to findings and conditions of approval. Associate Planner Jamie Kirk provided the staff report and City Engineer Steve Kahn answered questions of the Commission. PUBLIC COMMENT Michael Sherer, applicant's representative, stated that they have not had time to discuss the conditions of approval with staff and requested a continuance. The applicant is concerned with downstream drainage, the retention pond, and parking and street improvements. MOTION: By acting Chairman Kelley to continue this item until the applicant can meet with staff regarding his concerns with the Conditions of Approval. Community Development Director Frace suggested that the Public Comment portion of the hearing be closed prior to making a motion. Commissioner Fonzi requested the applicant provide additional figures on the size of the drainage basin as provided in the original plans, and that the engineer for the project calculate the area that would be excluded if it were fenced for drainage. Acting Chairman Kelley closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner Norton to continue this item for further discussion at a later date. AYES: Commissioners Fonzi, Norton, O'Malley and Acting Chairman Kelley NOES: None ABSTAIN: None Motion passed 4:1 by a roll -call vote. City of Atascadero Planning Commission Minutes Regular Meeting January 15, 2002 Page 5 of 8 4. PROJECT TITLE: TENTATIVE TRACT MAP 2001-0008 / ZONE CHANGE 2001-0019 / CONDITIONAL USE PERMIT 2001-0050 / ROAD ABANDONMENT 2001-0007 Applicant: Jim Shores, PO Box 216, Atascadero, CA 93423 (Owner: Raymond Marasse) Project Title: Tentative Tract Map 2001-0008 / Zone Change 2001-0019 / Conditional Use Permit 2001-0050 / Road Abandonment 2001-0007 Project Location: 9385 Musselman Avenue, CA 93422, San Luis Obispo County APN 030-461-054 Project A proposed rezone from Residential Multi -Family (RMF 16) to Residential Multi -Family Description: with a Planned Development 7 Overlay Zone (RMF -16 / PD 7), a 10 -lot Tentative Tract Map to permit the construction of nine new detached single family homes, and a request to abandon a portion of Musselman Avenue road right-of-way. The project is located on an existing lot currently developed with a single-family residence. Several small clusters of live oaks will be required to be removed to install a drainage basin, all other native trees on the site will be protected and preserved. Full urban services are available to the site. The project is consistent with the maximum density permitted by the General Plan. General Plan Designation: High Density Multi -Family (HDMF) Zoning District: RMF -16. Environmental PROPOSED NEGATIVE DECLARATION 2001-053: Based on the findings of the Determination initial study, the Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project, with the incorporation of the proposed mitigation measures. The proposed Negative Declaration is available for public review through January 15, 2002 at 6500 Palma Avenue, Community Development Department, Room 104, from 8: 00 a. m. to 5:00 p. m., Monday through Friday. Staff Staff Recommends the Planning Commission: Recommendation 1. Adopt Resolution No. PC 2002-0007, recommending that the City Council certify the proposed Negative Declaration 2001-0053; and, 2. Adopt Resolution No. PC 2002-0008, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0019; and, 3. Adopt Resolution No. PC 2002-0009, recommending that the City Council approve Conditional Use Permit 2001-0050 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt Resolution No. PC 2002-0010, recommending the City Council approve Road Abandonment 2001-0007, a request to abandon a portion of the Musselman Avenue colony right-of-way, based on the appropriate findings and subject to the conditions of approval; and, 5. Adopt Resolution No. PC 2002-0011, recommending that the City Council approve Tentative Tract Map 2001-0008, subject to findings and conditions of approval. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Russ Thompson, RTC, thanked staff for their work on this project and clarified the issue of bedrooms—the larger units could have three bedrooms and the applicant may elect to put a closet in those larger units at the time of application for the building permit making six of the City of Atascadero Planning Commis -in Minutes Regular Meeting January 15, 2002 Page 6 of 8 units into three bedroom units. The applicant would like more flexibility on Condition #9 of the Planned Development Conditions and Condition #7 of the Musselman Avenue Conditions of Approval, to allow for paving within the drip line per the arborist's report. The applicant feels that once the tree in question is pruned and clearance is achieved, the canopy will be pulled back and well under the 25% of the drip line, if this occurs, the applicant would like to go with regular paving beneath the tree. Mr. Thompson answered questions of the Commission. Commissioner O'Malley expressed concern with amending the Conditions as requested by Mr. Thompson. He feels the arborist may make a recommendation based on the tree's shape at the time of inspection, which could be after the tree is trimmed, and that the tree's natural growth pattern may encroach in the future on the drip line. Commissioner O'Malley felt that it might be better to go with the existing drip line of the tree in its natural state. Acting Chairman Kelley closed the Public Comment period. Acting Chairman Kelley stated that he does not see a problem with the retention pond, and regarding the pavers under the tree, he agrees with Commissioner O'Malley that the natural drip line of the tree as it currently exists should be the basis for the decision on the paving. The right of way to Heilman Park can be worked on by the applicant and staff with the County and should not be a basis for disapproval of the project. Acting Chairman Kelley indicated that he fully supports the project as presented. Commissioner Fonzi indicated that she would like the project conditioned to provide for a two - foot wall rather than a four -foot wall around the retention basin. Additionally, she would like to see the retention basin wall be of a decorative material, and that access to Heilman Park be reviewed and approved prior to the walkway being installed to permit proper alignment with the access point. Commissioner O'Malley agrees with the natural drip line and the decorative feature for the retention basin wall, and feels staff, applicant and the County can work out the walkway issue and access to Heilman Park. MOTION: By Commissioner Fonzi and seconded by Acting Chairman Kelley to adopt Resolution No. PC 2002-0007 recommending that the City Council certify the proposed Negative Declaration 2001-0053. AYES: Commissioner Fonzi, Norton, O'Malley and Acting Chairman Kelley NOES: None ABSTAIN: None Motion passed 4:0 by a roll -call vote. MOTION: By Commissioner Fonzi and seconded by acting Chairman Kelley to adopt Resolution No. PC 2002-0008, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0019. City of Atascadero Planning Commisa,in Minutes Regular Meeting January 15, 2002 Page 7 of 8 AYES: Commissioner Fonzi, O'Malley, Norton and Acting Chairman Kelley NOES: None ABSTAIN: None Motion passed 4:0 by a roll -call vote. MOTION: By Commissioner Fonzi and seconded by Acting Chairman Kelley to adopt Resolution No. PC 2002-0009, recommending that the City Council approve Conditional Use Permit 2001-0050 for the Master Plan of Development subject to findings and conditions of approval, and conditions of approval shall be amended to include the Heilman Park access to be reviewed by the County so that the access way intersects with the gate, and the retention basin wall shall be no higher than two feet and be constructed of decorative materials. AYES: Commissioner Fonzi, Norton, O'Malley and Acting Chairman Kelley NOES: None ABSTAIN: None Motion passed 4:0 by a roll -call vote. MOTION: By Commissioner Fonzi and seconded by Acting Chairman Kelley to adopt Resolution No. PC 2002-0010, recommending the City Council approve Road Abandonment 2001-0007, a request to abandon a portion of the Musselman Avenue colony right-of-way, based on the appropriate findings and subject to the conditions of approval. AYES: Commissioner Fonzi, O'Malley, Norton and Acting Chairman Kelley NOES: None ABSTAIN: None Motion passed 4:0 by a roll -call vote. MOTION: By Commissioner Fonzi and seconded by Acting Chairman Kelley to adopt Resolution No. PC 2002-0011, recommending that the City Council approve Tentative Tract Map 2001-0008, subject to findings and conditions of approval. AYES: Commissioner Fonzi, O'Malley, Norton and Acting Chairman Kelley NOES: None City of Atascadero Planning Commis.,on Minutes Regular Meeting January 15, 2002 Page 8 of 8 ABSTAIN: None Motion passed 4:0 by a roll -call vote. 5. COMMUNITY DEVELOPMENT STAFF REPORTS TREE REMOVAL PERMIT TRP 2001-0016: 8410 El Camino Real Request to remove one 36 -inch, native Live Oak within the El Camino Industrial Park located at 8410 El Camino Real. The tree has been determined by a certified arborist to be dead. diseased, or damaged beyond reclamation. Staff Recommends: The Planning Commission adopt Resolution PC 2002-0001 approving the removal of a 36 -inch native Live Oak subject to the mitigation requirements set forth in the Atascadero Native Tree Ordinance and specified within the project conditions. Associate Planner Kirk stated that Item 95 has been continued at the request of the applicant. COMMISSIONER COMMENTS & REPORTS None ADJOURNMENT Acting Chairman Kelley adjourned the meeting a 9:00 p.m. to the next regularly scheduled meeting of the Planning Commission on February 5, 2002. MEETING RECORDED AND MINUTES PREPARED BY: P R A S race ucc1, ecor Ing ecretary Cdvlpmnt/PC Minutes 01-15-02.gp.doe Adopted at 02/05102 Meeting