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HomeMy WebLinkAboutPC_2002-02-05_MinutesCALL TO ORDER FEB 1 9 2002 CITY of AT, CITY OF A TASUARMM PLANNING COMMISSION MINUTES, Regular Meeting February 5, 2002 — 7:00 P.M. Chairman Eddings called the meeting to order at 7:03 p.m. and Commissioner Blaser led the Pledge of Allegiance. uni r rnT t Present: Commissioners Blaser, Fonzi, Kelley, Norton, O'Malley and Chairman Eddings Absent: Vice Chairman Bentz Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, 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 JANUARY 15, 2002. MOTION: By Commissioner O'Malley and seconded by Commissioner Kelley to approve the Consent Calendar. AYES: Commissioners O'Malley, Kelley, Fonzi and Norton NOES: None ABSTAIN: Commissioner Blaser and Chairman Eddings Motion passed 4:0 by a roll -call vote. PC Minutes 02-05-02.gp.doc 02/20/02 City of Atascadero Planning Commisbion Minutes PUBLIC HEARINGS 2. PROJECT TITLE: VARIANCE 2001-0002 Regular Meeting February 5, 2002 Page 2 of 10 Applicant: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 (Agent: Kenneth Wilson, Wilson Land Surveys) Project Location: 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 David Graves, 4155 Carizzo Road, applicant, stated that he had sent someone to check the line - of -sight distance and that it exceeds the City standards for that area. Regarding the drip line for the trees, Mr. Graves indicated that there is not in reality a large canopy as indicated on the plans, and the trees actually lean toward Morro Road and do not cover a large portion of the property. He does not want to remove the trees and as the home will be built nine feet out of the ground he does not believe it will encroach on the tree canopy. Additionally, Mr. Graves feels that landscaping will not serve any purpose since the home is raised so high. Mr. Graves answered questions of the Commission. Commissioner O'Malley stated his support for leaving the trees, however he expressed concern that because the trees lean away from the construction site the roots will grow further out into the construction site as a counter balance and this could place extra weight on the roots. He asked if the arborist had looked at the issue of the tree roots. Mr. Graves was uncertain if the arborist had addressed this issue. Commissioner Fonzi questioned whether the house plan could be flipped to provide better access to the driveway. Mr. Graves stated that this had been considered but because the line -of -sight distance was met he chose not to pursue the idea further. Additionally, Mr. Graves indicated that City of Atascadero Planning Commiswon Minutes Regular Meeting February 5, 2002 Page 3 of 10 the house is set on the property as it is because of the septic system, which will be installed behind the garage, and if the home is flipped it will be closer to the 36 -inch live oak tree. Joan O'Keefe, 9985 Old Morro Road East, stated that the tree protection plan was not useful, and the one sentence on tree protection was too general. Additionally regarding the canopy, the drawings in the plans should not be renderings but accurate depictions of what the canopy actually is to enable the arborist to make recommendations (per the tree ordinance) to mitigate damage. Mrs. O'Keefe felt strongly that the arborist should not be merely recommending, but rather stating specifically where and how in order to enforce compliance. She expressed her concern that if there is to be trenching the roots will be impacted and the tree may not survive construction. Another concern was the proximity of the trees to the house because of the fire danger. Mrs. O'Keefe stated that she was unable to identify any tree protection for the trees near the porch. Edward English, Old Morro Road, stated that he lives near the building site for this project and drives by regularly. He feels that this is the worst rural site in Atascadero to build a home because of the small size of the lot and the proximity of the home to the road. Mr. English feels Old Morro Road does get a considerable amount of traffic and presents a hazard because it is so narrow. Patricia Cohen, 13505 Old Morro Road, expressed her concern regarding the traffic on Old Morro Road and the danger that exists because of the speed with which drivers coming off of Highway 41 take the corner. Additionally she feels parking for guests as well as the owner is inadequate and the road is too narrow to permit safe parking on the street. Joshua Guazda, 13615 Old Morro Road, stated several concerns with the project including: 1) small size of the parcel, 2) narrowness of the road, 3) home site will be an eyesore from Old Morro Road and Highway 41, 4) affect on the access to his own property and 5) whether oak trees removed will be replaced with other oak trees. Mr. Guazda stated his opposition to another home being constructed in his neighborhood and feels that Old Morro Road is not maintained properly. Chairman Eddings closed the Public Comment period. Chairman Eddings stated his concern with denying property owners the right to develop their own property; the issue under consideration here is the variance, not whether a home can be built on the property. He feels that the property owner has found the best possible balance, and feels there is every reason to believe that the large tree will survive. Commissioner Kelley agreed with Chairman Eddings regarding the applicant's right to build on his lot, however he is concerned with the tree in the back of the property and feels it will probably not survive and perhaps could be taken out to enable the home to be moved back. Commissioner Norton questioned if there was a building site possible on the other portion of the lot. Community Development Director Frace stated that this would not be desirable because the lot is nearer to Highway 41 with its higher speeds and increased traffic and having a driveway that opens onto the Highway presents a safety problem. City of Atascadero Planning Commission Minutes Regular Meeting February 5, 2002 Page 4 of 10 Commissioner O'Malley supports private property rights and feels that the State of California has intervened on this property decreasing the buildable area. Commissioner O'Malley remains concerned about the visual impact from both Old Morro Road and Highway 41 and would like to see more consideration given to additional landscaping on the site. Commissioner Norton stated that Mr. Graves builds a beautiful home, but she is afraid of loosing the rural character of the road by granting this variance. She feels that the road is already too narrow to permit safe parking and feels that there should be better on-site parking. Commissioner Norton would like to see a redesign of the home, perhaps omitting the porch, to prevent it from being so near the road. David Graves, applicant, addressed some of the issues raised by the Commission. He feels there are other homes on Old Morro Road that are closer to the road than the one he proposes. It is his intention to give the property across the street as open space or a scenic easement. He feels that when the home is built it will be a nice home and will be out of the critical area for the trees. If tree roots are hit during construction, it is his intention to stop and hand dig around them. He feels strongly that he wants to keep the trees on the property. Mr. Graves feels that traffic is not consistently heavy on Old Morro Road and when the home is complete there will be parking available along the edge of the street as well as in front of the garage. Commissioner Fonzi asked Mr. Graves if he would be willing to construct off-site parking by the garage area; she feels that parking on the street would present a hazard. Mr. Graves felt he couldn't answer the question without first studying the plans to determine if this would be possible. Commissioner O'Malley felt that the way the current tree ordinance reads if the house was constructed as planned and the adjacent property was not dedicated to open space, anyone could cut down the trees. Director Frace stated that under the tree ordinance single family areas are exempt from the permit requirement if there are not pending building permits, so once a home is built, the property owner has the ability to remove trees without getting a permit. Commissioner O'Malley had the following concerns: 1) Protection of the trees during construction—he would like to have a more detailed plan for tree protection, and 2) Landscaping to improve the visual impact on both roads. Mr. Graves stated that he would not be open to either of these issues. He feels there is no need for an extravagant tree plan and will follow the City's recommendations for the trees. Commissioner Kelley indicated that this is an imperfect lot and there is not a perfect situation for it. He feels that applicant has done everything possible and Commissioner Kelley feels he can live with the variance. Regarding tree protection, he feels there are fences and the site will be monitored by the Planning Department and reviewed again during the planning process. Regarding traffic, Commissioner Kelley feels that building the home will not affect the quality of the drivers on the road and one or two additional cars should not make or break the project. A discussion ensued about dedicating the adjacent property as open space. Director Frace recommended that if the Commission were add this as a condition of approval they add a trigger to indicate when they wish the dedication to be done, i.e. prior to issuance of building permits, so the applicant knows when he needs to have the easement recorded. Director Frace stated that it is a judgment call by the Commission whether or not to condition the easement; theoretically it City of Atascadero Planning Commis..on Minutes Regular Meeting February 5, 2002 Page 5 of 10 would reduce the City's tax base by a small amount, but once there is an open space easement on the lot, it is perpetual and the property would not be developable again in the future. MOTION: By Commissioner Kelley and seconded by Chairman Eddings to adopt Resolution No. PC 2002-0002 approving Variance 2001-002, a request for an exception from the required 25 -foot front setback based on findings and subject to conditions. Commissioner Fonzi asked if the Motion could be amended to allow the dedication of a tree protection easement rather than an open space easement, which would keep the property tax base while protecting the trees. Additionally, she requested consideration of allowing the applicant to work with Planning Department staff toward getting off-street parking issues resolved. Commissioner Kelley declined to amend his Motion stating that the applicant has met the parking requirements as set forth by the City, and he feels that no one would build a house on the adjacent lot. AYES: Commissioners Kelley, Blaser and Chairman Eddings NOES: Commissioners Norton, O'Malley and Fonzi ABSTAIN: None Motion is nullified by a vote of 3:3. MOTION: By Commissioner Fonzi and seconded by Chairman Eddings to adopt Resolution No. PC 2002-0002 approving Variance 2001-002, a request for an exception from the required 25 -foot front setback based on findings and subject to conditions, with the amendment that the applicant work with Planning staff to attempt to put in off-street parking, preferably by the garage, and that the area across Highway 41 be dedicated as a tree conservation easement. Commissioner O'Malley requested an amendment adding natural landscaping to mitigate the visual impact of retaining walls or foundation. Chairman Eddings, felt that the applicant could come back and simply ask to remove the trees and that the Commission would not have the right to ask for any of these things at that point. Commissioner Kelley stated that the applicant should be subject to the same rules as anyone else building a house, and as they would not be required to put landscaping around their house, the applicant should not be asked to do so. Commissioner Blaser indicated that he does not support the parking issue in Commissioner Fonzi's Motion. Chairman Eddings suggested that the applicant be required to work with staff to get a car slightly past the front of the garage in a based area adding one additional space. MOTION: By Commissioner Fonzi and seconded by Chairman Eddings to adopt Resolution No. PC 2002-0002 approving Variance 2001-002, a request for an exception from City of Atascadero Planning Commiszion Minutes Regular Meeting February 5, 2002 Page 6 of 10 the required 25 -foot front setback based on findings and subject to conditions, with the amendment that the applicant work with Planning staff to attempt to provide off-street parking, preferably by the garage, in a based area providing one additional parking space, and that the area across Highway 41 be dedicated as a tree conservation easement. AYES: Commissioners Fonzi, O'Malley, Kelley, Blaser and Chairman Eddings NOES: Commissioner Norton ABSTAIN: None Motion passed 5:1 by a roll -call vote. 3. PROJECT TITLE: TENTATIVE TRACT MAP 2001-0012, ZONE CHANGE 2001- 0020, CONDITIONAL USE PERMIT 2001-0052 Applicant: Elbert and Wanda Gifford, 13505 Chispa 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. The proposed Negative Declaration is available for public review through February 5, 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 2002-0003, 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. City of Atascadero Planning Commisbion Minutes Regular Meeting February 5, 2002 Page 7 of 10 Community Development Director Warren Frace announced that the issue of drainage on this project has not been resolved and that the applicant would like to request a continuance of this item. Chairman Eddings inquired of the applicant if he is requesting a continuance of this item. Michael Shearer, representative for the applicant, requested a continuance to the next regularly scheduled meeting of the Planning Commission. MOTION: By Chairman Eddings and seconded by Commissioner Norton to continue Item No. 3, to February 19, 2002. AYES: Commissioners Norton, Blaser, Kelley, Fonzi, O'Malley and Chairman Eddings NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 4. 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. Community Development Director Warren Frace provided the staff report and answered questions of the Commission. Commissioner Fonzi questioned the replacement tree for this removal, feeling that an oak tree might not be an appropriate replacement in a parking lot. Director Frace stated that for mitigation purposes, the replacement must be a native tree and given the location the recommendation for a 24 -inch oak tree is appropriate. Commissioner O'Malley stated that it was unfortunate that minimal landscaping was required in this development with very little effort to irrigate the tree. He asked if the Commission could request that the owner pay into the fund, replace with an oak tree and require the establishment of the tree through irrigation. Commissioner Frace replied that the Commission should require that some provision be made for irrigation. City of Atascadero Planning Commission Minutes Regular Meeting February 5, 2002 Page 8 of 10 Commissioner Kelley indicated that he is concerned with the survival of the tree, and questioned whether the owner is required to remove the roots along with the tree. Given the age of the tree, he felt that removing the roots would tear up the parking lot, and is unsure if replacing the tree is the best solution. PUBLIC COMMENT Joan O'Keefe stated that the tree is struggling to stay alive. She would recommend a payment into the tree fund of $600. Even with irrigation, the tree would be under considerable stress given the black top and the heat buildup. Additionally, oak trees drop limbs and acorns, which would present a safety hazard in the parking lot. Mrs. O'Keefe recommended planting a street tree that can take a lot of stress. Chairman Eddings closed the Public Comment period. Director Frace suggested the Commission charge the full mitigation price of $600 and require a non-native 15 -gallon tree be replanted as part of the parking ordinance that requires parking lot landscaping. MOTION: By Commissioner Fonzi and seconded by Commissioner O'Malley to 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 and that the conditions be modified to require a $600.00 contribution to the tree fund, and to landscape with trees or appropriate landscaping. AYES: Commissioners Fonzi, O'Malley, Kelley, Blaser, Norton and Chairman Eddings NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 5. TENTATIVE PARCEL MAP 2000-0009 DRIVEWAY GRADING PLAN: 9092 La Canada Lane Review of the proposed driveway plan prepared for Tentative Parcel Map 2000-0009. Community Development Director Warren Frace provided the staff report and answered questions of the Commission. Chairman Eddings stated that the Commission knew that this project would require the removal of many trees and was concerned with the use of unsightly masonry retaining walls. He feels that the applicant has addressed these issues adequately. City of Atascadero Planning Commission Minutes Regular Meeting February 5, 2002 Page 9 of 10 Commissioner Kelley indicated that he was satisfied that the applicant has met the requests previously made by the Commission. PUBLIC COMMENT Joan O'Keefe stated that oak trees need more care than other trees. She referred to the arborist's statement that fences should be six feet away from the base of trees that are 10 inches in diameter and eight feet for 11 inches or over, and stated that this was the first time she has ever heard of this. Typically it is canopy that is considered because that is where the roots are going to be. Additionally, under suggestions to the developer, the arborist said that fences should be put at four feet. She would like to speak with the arborist and have him show her some documentation to support this statement. Referring to the increase in trees to be removed from 60 to 62, the value of the trees increased by two based on the diameter. Director Frace clarified the fence distance and indicated that they would require the arborist to verify that the protection fences are in the correct location prior to grading on the site. Chairman Eddings closed the Public Comment period. MOTION: By Chairman Eddings and seconded by Commissioner Kelley to approve the new grading plan at 9092 La Canada Lane. AYES: Commissioners Kelley, Norton, Blaser, O'Malley, Fonzi and Chairman Eddings NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS 6. Smart Growth Conference Reports Commissioner Kelley reported on the Smart Growth Conference in San Diego, which he and four other Commissioners attended. He hopes that in the future the Commission and City Council could get together on a workshop to discuss the principles of smart growth and apply those principles to the future growth of Atascadero; he would like this meeting to be a separate public forum. Commissioner O'Malley added that he too would like to see a broader discussion on this topic that would be open to the public. He feels smart growth principles are inclusive and impact many issues such as physical and mental health. Commissioner O'Malley felt that a public workshop would bring forth ideas on El Camino Real, slowing traffic and improving the visual atmosphere of the street. Commissioner Fonzi asked if it were possible to have the City Council and Planning Commission meet jointly with Crawford, Multari and Associates, to discuss how smart growth City of Atascadero Planning Commission Minutes Regular Meeting February 5, 2002 Page 10 of 10 would be built into the General Plan. Director Frace stated that there would be an opportunity for a joint meeting as the General Plan Update process continues. Commissioner Norton stated that she too enjoyed the conference. She then referred to the setback on the home being built by Kelly Gearhart on the creek at San Andreas. Commissioner Norton has had many calls on this issue in the last three weeks and asked if it were possible for staff to take her and some others to the site and explain the creek setback. Director Frace stated that he could arrange a time for staff to go out there to show it to Commissioner Norton and any interested neighbors. Commissioner Norton referred to a recently erected fence on Carmelita that has been placed directly on the street, greatly impeding the view and leading to several near misses on the street. She asked what fence setbacks are for neighborhoods and if a permit was issued for this fence. Director Frace replied that fences do not follow setbacks because they follow property lines, but there are height restrictions on them. Public Works standards require a clear vision triangle so that the fence does not obstruct the ability to see around the corner. Director Frace will refer this item to the City Engineer. Commissioner Norton asked where the General Plan Update stands on creek setback rules. Director Frace stated that it is the City's intent to adopt a uniform creek setback ordinance, and this language has been incorporated into the Draft General Plan. Once the General Plan is adopted, staff will move toward preparing a creek setback ordinance. Commissioner Blaser questioned if there were avenues other than the Planning Commission for residents to air their concerns regarding traffic, etc. Director Frace stated that the City Engineer who attends Commission meetings addresses traffic safety issues. Regarding speeding issues, staff does not report those concerns directly to the Police Department, however it can be done in cases where it appears that something unusual is occurring. A discussion ensued regarding speed limits in rural residential neighborhoods. Commissioner O'Malley asked that Director Frace thank those from the City involved with the placing of a new stop sign on Portola. Director Frace announced that a new Commission Chairman and Vice Chairman would be elected at the next Planning Commission meeting. ADJOURNMENT Chairman Eddings adjourned the meeting at 9:10 p.m. to the next regular meeting of the Planning Commission on February 19, 2002. MEETJNG RECORDED ALND MINUTES PREPARED BY: Grace Pucci, Adopted 2/19/02 Cdvlpmnt/PC Minutes 02/PC Minutes 02/05/02.gp.doc