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HomeMy WebLinkAboutPC_2002-03-05_MinutesCALL TO ORDER CITY OF A TASCADERO PLANNING COMMISSION MINUTES Regular Meeting I APPROVED March 5, 2002 — 7:00 P.M. MAR 19 2002 CITY OF ATASCAD,( PLANNING Chairman Eddings called the meeting to order at 7:08 p.m. and Commissioner Fonzi led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Kelley, Norton, O'Malley, Bentz and Chairman Eddings Absent: Commissioner Blaser Staff- Community Development Director Warren Frace, Assistant Planner Glenn Rider, City Attorney Roy Hanley, and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS 1. ELECTION OF NEW CHAIR AND VICE -CHAIR. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to nominate Commissioner Bentz to the position of Planning Commission Chair. AYES: Commissioners Fonzi, Kelley, O'Malley, Norton, Bentz and Chairman Eddings NOES: None ABSTAIN: None Motion passed 6: 0 by a roll -call vote. MOTION: By Commissioner Norton and seconded by Commissioner O'Malley to nominate Commissioner Fonzi to the position of Planning Commission Vice -Chair. MOTION: By Chairman Eddings to nominate Commissioner Kelley to the position of Planning Commission Vice -Chair. Motion failed for the lack of a second. PC Minutes 03-05-02.gp.doc 03/20/02 City of Atascadero Planning Commis:,,on Minutes Regular Meeting March 5, 2002 Page 2 of 8 MOTION: By Commissioner Norton and seconded by Commissioner O'Malley to nominate Commissioner Fonzi to the position of Planning Commission Vice -Chair. AYES: Commissioners Norton, O'Malley, Kelley, Fonzi, Eddings and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 19,2002.' MOTION: By Vice Chairman Fonzi and seconded by Commissioner Eddings to approve the Consent Calendar. AYES: Commissioners Fonzi, Eddings, O'Malley, Kelley, Norton and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6.0 by a roll -call vote. PUBLIC HEARINGS 3. PROJECT TITLE: ZONE CHANGE 2001-0020, CONDITIONAL USE PERMIT 2001-0052 and TENTATIVE TRACT MAP 2001-0012: Applicant: Elbert and Wanda Gifford, 13505 Onispa Road, Atascadero, CA 93422 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 City of Atascadero Planning Commis -on Minutes Regular Meeting March 5, 2002 Page 3 of 8 Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Michael Shearer, applicant's representative, stated that they are pleased with the staff report. They believe the issue of the drainage retention basin has been corrected by bringing it back to its original design. Mr. Shearer answered questions of the Commission. Chairman Bentz closed the Public Commentperiod. Vice Chairman Fonzi questioned Condition No. 11. C., page 44, and suggested removing the second sentence in reference to the six-foot high fence. She feels that if the area is fenced the project will no longer qualify with its landscaping as there will be less than the 50% landscaped area required. Commissioner O'Malley asked staff for clarification on Vice Chairman Fonzi's suggestion. Director Frace stated that as currently written, Condition 11 does leave the possibility that this 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 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.- ommission:Recommendation 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. Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Michael Shearer, applicant's representative, stated that they are pleased with the staff report. They believe the issue of the drainage retention basin has been corrected by bringing it back to its original design. Mr. Shearer answered questions of the Commission. Chairman Bentz closed the Public Commentperiod. Vice Chairman Fonzi questioned Condition No. 11. C., page 44, and suggested removing the second sentence in reference to the six-foot high fence. She feels that if the area is fenced the project will no longer qualify with its landscaping as there will be less than the 50% landscaped area required. Commissioner O'Malley asked staff for clarification on Vice Chairman Fonzi's suggestion. Director Frace stated that as currently written, Condition 11 does leave the possibility that this City of Atascadero Planning Commis on Minutes Regular Meeting March 5, 2002 Page 4 of 8 will become a fenced basin. Therefore, if this is eliminated, it would be required to have the 4:1 slopes; it is Director Frace's understanding that the City Engineer feels this is achievable. MOTION: By Commissioner Eddings and seconded by Vice Chairman Fonzi to adopt Resolution No. PC 2002-0003, recommending that the City Council certify the proposed Negative Declaration 2001-0052; and, adopt Resolution No. PC 2002- 0004, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0020; and, 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, adopt Resolution No. PC 2002-0006, recommending that the City Council approve Tentative Tract Map 2001-0012 subject to findings and conditions of approval with a change to Condition No. 11. C. to read as follows: 11. C. The sides of the existing basin shall be reworked to be no steeper than 4:1 and shall be certified by the design engineer to this effect. Or-, altemately,slopes of the -drainage basin e3ir4:1, then er+ the ;.-e .le+e„+;e,,, lass shall be a .l elese>;t1, ., 6' high ,� el;„ -,i. �z� �� fence to „lel;e sa-f ty hazar-a AYES: Commissioners Eddings, Fonzi, Norton, O'Malley, Kelley and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE REMOVAL PERMIT 2002-0001 / PRECISE PLAN 2001-0058 Request to remove thirty-two (32) native oak trees, two of which are 24" or greater in diameter, in conjunction with the proposed construction and Precise Plan application for a 2,431 square foot new single family residence, 648 square foot detached garage, and 1,042 square foot deck at 5455 Chauplin Avenue. Staff recommends: The Planning Commission approves the removal of the thirty-two native oak trees subject to the mitigation as required by the Atascadero Native Tree Ordinance or the Planning Commission make a determination for the applicant to redesign proposed project to minimize the impacts to native oak trees and topography. Assistant Planner Glenn Rider provided the staff report and answered questions of the Commission. City of Atascadero Planning Commis—on Minutes Regular Meeting March 5, 2002 Page 5 of 8 Commissioner O'Malley expressed concern regarding a number of unanswered questions on the project at this point. Director Frace indicated that this item has been brought before the Commission early in the process as this is a precise plan and they are required to go through a site plan review process for the grading. Staff did not want this to get to the point where a final site plan was endorsed for this site before the Planning Commission has weighed in on the tree removal issue. PUBLIC COMMENT Bardhyll Nushi, applicant's representative, reviewed the history of this project and answered questions raised by the Commission. Regarding the tree removal, 20 of the 32 trees proposed for removal are dead or less than six inches in diameter, and in his opinion only five of the remaining 12 trees are decent specimens. Mr. Nushi stated that the applicant has worked hard to preserve the trees. The main issues in the applicant's opinion against the alternate site are: 1) not enough length of driveway to get to the needed height, and 2) proximity to the neighbors. The applicant is considering mitigating some of the impacts by dedicating approximately 3/4 of an acre above the house to a tree conservation zone. Vice Chairman Fonzi questioned whether an arborist would be on site to monitor the tree preservation plan. Mr. Nushi stated that in his opinion the applicant would not be adverse to the idea. Joan O'Keefe, 9985 Old Morro Road East, expressed her appreciation to staff for their attention to tree removal issues on this project. Mrs. O'Keefe read from a prepared statement and urged the Commission to deny the request to remove the trees and to encourage the applicant to select a design that would result in less grading, less impact to trees and fewer trees removed. (Attachment A) Ellen Beraud, 7000 Los Arboles Avenue, stated that the essence of the tree ordinance is to lessen the impacts of building on the oak woodland. She feels the home site should be in an alternate location to lessen impacts on the trees. She questioned why the home needed to be as large as planned. Chairman Bentz closed the Public Comment period. Commissioner Kelley stated that he feels the applicants have done the best they could to design the driveway with the least impact to grading. Regarding the tree removals, most trees on the site are small and there is somewhat of an overgrowth that if thinned out could lead to better health for the remaining trees. Overall, he believes the applicants have done a good job in planning this project and feels the owners have the right to build any size house they choose. Commissioner Eddings agreed with Commissioner Kelley and does not feel the Commission should dictate sizes of homes especially on estate size parcels. He feels the location as requested by the applicants tucks the house in better than a split-level house would and he sees no reason to force the applicants to add stairs to their residence. Commissioner Eddings also agrees that the impact on the lot would be more severe if the driveway was continued and crossed back. MOTION: By Commissioner Kelley to approve the removal of the thirty-two native oak trees subject to the mitigation as required by the Atascadero Native Tree Ordinance. City of Atascadero Planning Commis..on Minutes Regular Meeting March 5, 2002 Page 6 of 8 Commissioner Fonzi requested an amendment to the Motion to require a certified arborist be present on the site during grading to ensure the tree plan is implemented. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to approve the removal of the thirty-two native oak trees subject to the mitigation as required by the Atascadero Native Tree Ordinance, and that the arborist of record will monitor all road and utility construction. AYES: Commissioners Kelley, Eddings, Fonzi, Norton, O'Malley and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. Chairman Bentz recessed the hearing at 8:20 p.m. Chairman Bentz called the meeting back to order at 8:31 p.m. 5. PLANNING COMMISSION DETERMINATION ON CONDITION #40 OF TENTATIVE PARCEL MAP 2001-0018: The original project consisted of a Tentative Parcel Map application to allow a 2 -lot subdivision permitting the construction of two single-family residences. The applicant has submitted a request that the Planning Commission make a determination that the applicant has satisfied the Commission's intent regarding condition #40. Staff Recommends: The Planning Commission provides staff with a clarification regarding Condition #40. Community Development Director Warren Frace provided the staff report and, with City Attorney Roy Hanley, answered questions of the Commission. A copy of the Minutes from the Planning Commission Regular Meeting on October 16, 2001 was entered into the record. (Attachment B) PUBLIC COMMENT Kelly Gearhart, 6205 Alcantara Avenue, applicant, stated he was under the impression that as a result of the last Commission hearing on this item it was left to the applicant and the Water Company to negotiate a resolution to this issue. However, when he was about to record his map notification was given by the Water Company that they weren't receiving their easement and his map was pulled. As no agreement was reached with the Water Company, he is not willing to record the map at this point and will be looking to either re -notice the public hearing or file for a new map if possible. Chairman Eddings asked Mr. Gearhart what his understanding was of where the easement would go. Mr. Gearhart indicated that this item was negotiable, and that he has tried to schedule negotiations with the Water Company but circumstances have prevented it. City of Atascadero Planning Commis on Minutes Regular Meeting March 5, 2002 Page 7 of 8 Commissioner O'Malley asked if there were any other possible easement accesses on adjoining parcels. Mr. Gearhart stated there was no problem granting an easement and he was looking for an easement on the other end of the property, however, Water Company staff has recommended their Board deny this request. Commissioner Eddings questioned what would be the negative impacts to future homeowners for the easement outlined in red. Mr. Gearhart believes that road failure would result from heavy usage by the Water Company. Ken Weathers, 14020 Morro Road, General Manager of the Atascadero Mutual Water Company, felt there were several major issues: 1) there has been a strong need and intent for this easement for the last six years, which this developer and the last were aware of, and 2) the easement as indicated in red is not the easement as requested by the Atascadero Mutual Water Company. Mr. Weathers explained these issues, discussed the water recovery system to the north of Ferro Carrill, and answered questions of the Commission. Ty Green, 444 Higuera, San Luis Obispo, representing the Atascadero Mutual Water Company, pointed out that the easement language in the condition to the tentative map stands on its own and is not related to the blanket easement under discussion tonight. Mr. Green explained why the blanket easement was for public benefit and indicated that Civil Code Section 826 requires users of easements to maintain them. A letter from Mr. Green to Community Development Director Frace was entered into the record. (Attachment C) Commissioner Kelley asked Mr. Weathers what the Water Company's access to this location would be if there were not a lot split. Mr. Weathers indicated that there would be access from Water Company property in the river, but they would like to stay out of the flood plane. Commissioner Norton asked how often the Water Company would use the road. Mr. Weathers stated that if the wells were developed the road would be used every other day dropping to once a week or once every two weeks in the winter. If the treatment system is developed the road would be used primarily in the summer and would be accessed daily. Mr. Weathers stated that the Water Company would not be adverse to a maintenance agreement for the road. Commissioner O'Malley clarified several issues including: 1) the Water Company has other access to the area in question, 2) the map utilized by the Commission to approve the project with the existing Condition 40 did not show the easement as required by the Water Company, 3) that it is at this point unacceptable to the Water Company staff to accept an easement from an adjoining property and to exchange land for the easement, and 4) the Water Company will go with a public hearing on this item if the Commission so chooses. Chairman Bentz closed the Public Comment period. Chairman Bentz suggested the Commission restate that what was approved previously is correct and it is hoped that the parties can make something happen as a result of those conditions, leaving the Condition as is until the parties involved decide to request a public hearing. Commissioner O'Malley felt that if the parties concerned had an indication as to which way the Commission might go, they might change their negotiations. City of Atascadero Planning Commission Minutes Regular Meeting March 5, 2002 Page 8 of 8 Commissioner Kelley asked Mr. Gearhart whether the indication by the Water Company that they would be amenable to participating in a road maintenance agreement and that the use of the road would be solely for the Water Company, might be the beginning of an agreement that he could work with. Mr. Gearhart stated that it would. MOTION: By Commissioner O'Malley and seconded by Commissioner Eddings to take no action. AYES: Commissioners O'Malley, Eddings, Kelley, Norton, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6: 0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS None ADJOURNMENT Chairman Bentz adjourned the meeting at 9:30 p.m. to the next regularly scheduled meeting of the Planning Commission on March 19, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary' Attachment A: Joan O Keefe, 9985 Old Morro Road East — Letter Attachment B: Minutes, Planning Commission Regular Meeting October 16, 2001 Attachment C: Adamski, Moroski & Green, 444 Higuera Street — Letter Cdvlpmnt/PC Minutes/03-05-02.gp.doc Attachment -A� PC Minutes of 253 5 Q2 Joan O'Keefe 3-5-02 Planning Commissioners I want to express my appreciation to planning staff for addressing all the issues regarding tree removal in a straight forward manner. The arborist report by Jack Brazeal is complete, clear and complies with our Tree Ordinance. Jack has made specific recommendations for mitigating impacts for each tree that will be impacted. For example, "all cut slopes within critical root zones are to be mulched 3" or more within 48 hours so the soil doesn't dry out." These specific recommendations were missing in the last few arborists reports submitted for projects where trees were impacted. They are supposed to be a part of the tree protection plan. Staff has pointed out that there are other alternatives for building on this site that would considerably reduce the destruction of so many trees. He also correctly states that our General Plan states that new development shall conform to the natural contours of the hillside. I want to take moment to tell you about house that is being built on Lake View Drive by the DeVore's_ This site while not as wooded has many of the same building constraints that Chauplin site has. The DeVores studied the site and then looked for a house plan that would conform to the site and save all of the trees_ They finally found an octagonal two story design that allowed them to tuck the house into the circle of trees. Mr. DeVore even hand trenched one of the utility lines when he saw that tree roots were being damaged by the heavy equipment This tool days because the site is primarily shale. The Tree Ordinance is very clear. It says that to make the required finding to remove these 32 trees the applicant has to prove that the site cannot be reasonably redesigned. Reasonableness includes consideration of design alternatives. The General Plan states that new development shall conform to the natural contours. This language says to me that the owner does not have the right to site his house anywhere he wants. I urge you to deny the request to remove the trees and encourage the applicant to pick a design that will result in less grading, construction impact to trees and result in fewer trees being destroyed. w.. ) J � C (�;2! 0000019 Attach pt # b 0C MiHumes of 5--©�— CALL TO ORDER _I tit--HUVED f NOV 2 0 2001 CITY OF ATA SCADE J PLANNING CITY OF ATASCA 9ERO PLANNING COMMISSION MINUTES Regular Meeting October 16, 2001— 7:00 p.m. Commissioner Kelley called the meeting to order at 7:00 p.m. MOTION: By Commissioner Bentz and seconded by Commissioner Norton to appoint Commissioner Kelley to act as Chairman at this meeting in the absence of Chairman Eddings and a Vice Chairman. AYES: Commissioners Bentz, Blaser, Fonzi, Norton and Kelley NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. Commissioner Blaser led the Pledge of Allegiance. PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson administered the Oath of Office to new Planning Commission Member, Tom O'Malley. ROLL CALL Present: Commissioners Bentz, Blaser, Fonzi, Kelley, O'Malley and Norton Absent: Chairman Eddings Staff: Planning Services Manager Warren Frace, Associate Planner Jamie Kirk and Recording Secretary Grace Pucci. 000010 City of Atascadero Planning Commisa,un Minutes PLANNING COMMISSION BUSINESS (continued) B. Election of New Vice Chairperson Regular Meeting October 16, 2001 Page 2 of 9 MOTION: By Acting Chairman Kelley and seconded by Commissioner Blaser to postpone the election of a new Vice Chairperson to the next meeting when Chairman Eddings would be present. AYES: Commissioners Blaser, Fonzi, Bentz, Norton, O'Malley and Acting Chairman Kelley. NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 2, 2001. Joan O'Keefe, 9985 Old Morro Road, asked for a correction in the Minutes of October 2, 2001, indicating that she did not state concern for "sewer capacity" in her remarks regarding the San Anselmo Avenue Tourist Commercial Project. Mrs. O'Keefe stated that her remarks were to address the fact that this area of San Anselmo continually has projects added to it and in the past staff has stated that for this area only, there is no more capacity as it stands at this time because it can only pump so much sewage. Mrs. O'Keefe felt this did not sit well with the public because they were being told one thing and then something else would happen. Her remarks on October 2, 2001 directly addressed the three options available for correcting the problem and sharing those with the Commission. Acting Chairman Kelley indicated that Mrs. O'Keefe's statement in the Minutes for this evening's meeting would suffice for approval. MOTION: By Commissioner Fonzi and seconded by Commissioner Norton to approve Consent Calendar Item #1 as amended. AYES: Commissioners Fonzi, Norton, Bentz and Acting Chairman Kelley 00000 t. (1-. (- City .City ofAtascadero Planning Commis& n Minutes Regular Meeting October 16, 2001 Page 3 of 9 NOES: None ABSTAIN: Commissioners Blaser and O'Malley Motion passed 4: 0 by a roll -call vote. PUBLIC HEARINGS 2. TENTATIVE PARCEL MAP 2001-0018: 2 -Lot Subdivision at 2000 Ferrocarril Road: A proposed Tentative Parcel Map application to allow a 2 -lot subdivision of a 6.33 acre lot. The subdivision would permit the construction of two single-family residences. The houses will have access from a common access drive off of Ferrocarril Road and will be served by on-site septic systems. Water will be provided by the Atascadero Mutual Water Company. The project is proposed on a colony lot located at 2000 Ferrocarril Road, Atascadero, CA 93422, San Luis Obispo County, APN 049-291- 005 (Subject property fronts the cul-de-sac at the end of Ferrocarril Road). General Plan Designation: Suburban Single -Family; Zoning District Residential Suburban with a minimum lot size of 2.8 acres based on performance standard calculation; Owner / Applicant: Kelly Gearhart. PROPOSED MITIGATED NEGATIVE DECLARATION 2001-038: Based on the 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 Tentative Parcel Map with the incorporation of the proposed mitigation measures. The proposed Mitigated Negative Declaration is available for public review through October 16, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff Recommends: Adopt Planning Commission Resolution 2001-054 certifying proposed Mitigated Negative Declaration 2001-0038, and approving Tentative Parcel Map 2001-0018, a request to subdivide a 6.33 acre lot into two parcels; 2.82 acres and 3.51 acres each, based on findings and subject to conditions. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, 6205 Alcantara, applicant, gave a history of the Water Company access issue and stated his opinion that as the Water Company is a private concern he would work with them personally to establish an access way through his property and the City need not be involved. Mr. Gearhart stated that an access way to the De Anza trail would be provided for the people who live on Ferrocarril. His proposal is for an access way down to the end of the property, 0000-12 City of Atascadero Planning Commis5.,n Minutes Regular Meeting October 16, 2001 Page 4 of 9 which will eventually be for emergency access. Mr. Gearhart answered questions of the Commission. Commissioner O'Malley referred to Parcel 2 and pointed out erosion along the bank and asked the applicant if he would be willing, if feasible, to restore the bank with the materials at hand to a more natural slope to help the beauty of that lot. Mr. Gearhart stated that to the left of Parcel 2 there is a big knob where there has been mining in the past, he would like to shape that knob to where it looks more natural rather than to have gouge marks out of the side of it, then utilize that dirt for a little pad area for the house. Additionally, Commissioner O'Malley indicated that there was a lot of leftover construction debris, old culverts, wire, etc., and asked if Mr. Gearhart would be cleaning up that debris so that the property owner would not have to deal with it later. Mr. Gearhart stated that there are tires as well as the debris mentioned by Commissioner O'Malley and it is his intention when the project is all done to completely fence the area and have the property looking nice like the other parcels along Ferrocarril while getting rid of all of the debris. Joan O'Keefe, 9985 Old Morro Road, stated that she could not make sense of the map for this project and found it difficult to tell where the lots were. As this information should be available to the public, -it must be legible. Mrs. O'Keefe questioned whether any trees would be impacted or removed. Commissioner Bentz quoted from the staff report, under the subdivision "Design" which states that "Adequate building sites exist on both lots and construction of the homes within the building sites shown on the tentative map can be accomplished without removing native trees." Commissioner Norton commented that there are four or more trees within the 50 -foot easement, and because that easement may be paved in the future, she feels trees may be impacted. Jolene Bolcart, Ferrocarril resident, expressed her concern regarding access to the De Anza trail, and was pleased that the Commission is addressing the issue. Joan O'Keefe, addressed the liability issue for the easement. She referred to a similar pedestrian easement on the Rancho de Paraiso project and stated that the City Attorney said at that time that there was no problem or concern regarding liability. Kelley Gearhart, applicant, addressed Commissioner Norton's concern regarding tree impacts. He stated that the four trees at the end of the easement would only be impacted if the easement remains at 50 feet. If access were limited for emergency purposes, which provides for a smaller size easement, the trees would not be impacted. Acting Chairman Kelley closed the Public Comment period. Acting Chairman Kelley suggested that Condition of Approval #40 should be worded so that the applicant and the water company mutually agree upon the location of the water main easement. Commissioner Fonzi stated her concerns regarding Condition of Approval #11 and suggested it be reworded to read: "An unobstructed 8 -foot wide walking and horse path with vehicle blocking features shall be provided within the 20 -foot wide public access." 0000113 City of Atascadero Planning Commiswwn Minutes Regular Meeting October 16, 2001 Page 5of9 MOTION: By Acting Chairman Kelley and seconded by Commissioner Bentz to adopt Planning Commission Resolution 2001-054 certifying proposed Mitigated Negative Declaration 2001-0038, and approving Tentative Parcel Map 2001- 0018, a request to subdivide a 6.33 acre lot into two parcels; 2.82 acres and 3.51 acres each, based on findings and subject to conditions. With the following modifications: 1. Conditions of Approval No. 40 to read: "The applicant shall provide a 50 -foot wide access easement and a 50 -foot wide water main easement for the Atascadero Mutual Water Company, as shown on the tentative Map, unless an alternative easement location is approved _agreed upon by the aunlicant and the Atascadero Mutual Water Company." 2. Conditions of Approval No. 11 to read: "An unobstructed eight -foot wide walking and horse path with vehicle blocking features shall be provided within the 20 -foot wide public access easement" 3. Condition the 50 -foot easement as an emergency access. 4. Require two access gates to be provided. AYES: - Commissioners Bentz, Norton, O'Malley, Blaser, Fonzi and Acting Chairman Kelley. NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 3. CONDITIONAL USE PERMIT 2001-0045: A112ine PCS Telecommunications Facility: A proposed Conditional Use Permit to allow the addition "of an unmanned cellular communications facility onto an existing PG&E transmission tower. The proposed project would consist of the installation of six five-foot panels mounted at the top of the tower on a ten foot cage, associated ground level equipment surrounded by an eight -foot high wooden fence located within the footprint of the tower, and a GPS antenna mounted on the leg of the tower. General Plan Designation: Suburban Single Family; Zoning District: Residential Suburban; Address: 765 Garcia Road, Atascadero, CA 93422, San Luis Obispo County, APN 049-082-014; Owner: Denise Ramos.- Applicant: amos;Applicant: Alpine PCS. PROPOSED MITIGATED NEGATIVE DECLARATION 2001-034: Based on the 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 Conditional Use Permit, with the incorporation of the proposed mitigation measures. The proposed Mitigated Negative Declaration is available for public review through October 2, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 000 0 x,11 City of Atascadero Planning Commis. un Minutes Regular Meefmg October 16, 2001 Page 6 of 9 Staff Recommends: Adopt Planning Commission Resolution 2001-052 certifying proposed Mitigated Negative Declaration 2001-0034, and approving Conditional Use Permit 2001-0045, a request by Alpine PCS to install wireless telecommunication facilities on an existing PG&E transmission tower, subject to findings and conditions. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Heather Forney, Alpine PCS, 3220 South Higuera, representative for the applicant, gave a brief background on Alpine PCS and addressed several issues regarding the project. 1. 10 -foot extension: There will not be room for additional carriers on the extension. 2. Lighting of tower: Alpine must apply to the FAA and they will decide if the extension must be lighted. 3. Alternate locations: Alpine, did look at several other sites, however, for a variety of reasons including transfer of ownership issues and visibility, these sites did not meet their needs as adequately as the Garcia Road site. Ms. Forney answered questions of the Commission regarding view shed, maintenance, fencing and the possible use of a monopine. Charles Gillilance, 660 Garcia Road, expressed several concerns with this project. 1. Environmental study: He felt the project was rubber-stamped. 2. Aesthetics: This extension would create additional industrial clutter and glare to the view. 3. Impacts on wildlife. 4. Noise: Ambient wind blowing through the extension would add more electronic noise to the area. 5. Radio Frequency will create problems for short-wave radio. 6. The photographs provided from Nipomo are non -representative of the anticipated extension. 7. FAA warning light will be intrusive for the view. 8. Diminished property values. Scott Shannon, Alpine PCS, addressed several issues raised by the public. Alpine is attempting to reduce the need for new structures; this is why they have selected to place the extension on the existing PG&E tower. The FAA does not require lighting or striping on any structure that is below 200 feet unless it is near an airport or existing landing strip. The antennas are painted to reduce glare and blend in with the existing structure. It has been their experience that this design as proposed has been given a lot of support in San Luis Obispo County. Paul Brewer, Alpine PCS, discussed radio frequencies and stated that Alpine's frequency is very high on the spectrum as opposed to short wave radios. The transmitter is 16 watts, very low power, and he has no concerns that this will interfere with short wave radios in the area. 000015 City of Atascadero Planning Commiss..,n Minutes Regular Meeting October 16, 2001 Page 7 of 9 Regarding wildlife, because of the directive design of the panel antenna, there should be no problem. A letter was received from Robert J. Gannon, 740 Garcia Road, who was unable to attend the meeting but wanted his opposition to the addition of the cellular telephone antennas to the PG&E transmission tower to be placed in the Minutes. (Attachment 1) Acting Chairman Kelley closed the Public Comment period. Commissioner Norton stated her concerns with the aesthetics and the extension's location within a residential neighborhood. She is not convinced that a search for alternative sites has been researched as thoroughly as she would like. Additionally, the issue of noise is of concern. Acting Chairman Kelley, agreed with Commissioner Norton and expressed his concern for property rights. He feels that the addition of these antennas will affect property values in the area. He would like to see an alternate location or the use of a monopine tower to blend in with the environment. Commissioner O'Malley, would like to see the other locations that were under consideration for this project explored in greater depth before deciding on this location. Commissioner Blaser agreed with the other Commissioners and in addition was concerned with setting a precedent whereby the Commission would be obligated to approve additional antennas creating an unsightly structure. Commissioner Fonzi expressed her concern with this project being located within a residential neighborhood. She suggested that this item be continued to allow the applicant to look into alternate locations. MOTION: By Commissioner Fonzi and seconded by Commissioner Norton to continue Public Hearing Item #3. AYES: Commissioner Fonzi, Norton, Blaser, Bentz, O'Malley and Acting Chairman Kelley. NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. Planning Services Manager Warren Frace requested the Commission give the applicant specific direction on where or what type of redesign would be appropriate. Acting Chairman Kelley stated that the Commission is attempting to keep this project out of residential neighborhoods, and would prefer it in an open area where it would not affect private City of Atascadero Planning Commisa,„n Minutes Regular Meeting October 16, 2001 Page 8 of 9 property rights. -The applicant may also want to consider designing a tower that is more conducive to the environment of the neighborhood such as a monopine. Commissioner Bentz indicated that it would be difficult for the Commission to made "Finding for approval of Conditional Use Permit" #3. COMMUNITY DEVELOPMENT STAFF REPORTS Planning Services Manager Frace gave an update on the General Plan process. The City Council has endorsed a preferred land use plan and staff is moving forward with preparation of the draft general plan policy document and the draft environmental impact report. Those documents should be available toward the end of this year for public review and additional review by the Planning Commission. Maps are being reproduced and should be available to the Commission at their next meeting. Mr. Frace announced that Lori Parcells, Community Development Director, has resigned effective October 15, 2001. COMMISSIONER COMMENTS & REPORTS Commissioner O'Malley inquired where information was available regarding sewer capacity and -facilities. Mr. Frace recommended arranging a meeting for Commissioner O'Malley with Steve Kahn and Mark Markwort of the Public Works Department, or if the Commission wished, Steve Kahn could be asked to make a presentation at a future Commission meeting. Commissioner Norton stated that she would like to have a tour of the sewer plant. Mr. Frace stated that a special meeting could be held allowing the Commissioners to tour the facility and the public would also be invited to attend. Acting Chairman Kelley felt that it would be useful to have Public Works Director Kahn give a presentation regarding the sewer facilities at a Commission meeting. Commissioner Fonzi stated that it would be helpful if the Commission had a written guideline stating the capacity, buildout, etc. Commissioner Norton announced that the Atascadero Main Street Economic Restructuring Committee met last Monday and there was consensus that some wording may have to be changed in the zoning ordinance for the downtown plan. The parties concerned are working on the wording and the Committee will. meet again on Monday, November 5, 2001, at 12:00 p.m., in Room 102 of City Hall. The public is invited to attend. 000011"1 i !' Attachment # OCT 1 b L001 1 PC Minutes of To the Atascadero City Planning Commission, 1„ �OMMlUNIT',' DEyEi.OPNlEHT As a resident of d I would like to voice my opposition to the addition of the cellular telephone antennas to a PG&E transmission tower at 765 Garcia Rd. File number -CUP 2001-0045. I am unable to attend the meeting tonight, -due to a prior commitment. I would not like to see the antennas located there. It would add to the already cluttered view that I now have. The transmission tower to be used is directly across from my house and I would have to look at the antenna cluster everyday. I know the tower was there before I bought the property and built my house. I am willing to live with that decision. This is not a get rid of the airport now that I live there letter. I just don't want anything else installed that would hurt the aesthetics of my property. I live on the north side of Garcia Rd and I am at eye level with the top of the tower. I do not have to look up at it. I look directly across the street at it from all windows in the front of the house. It seems that there are other towers located in less populated areas of the City or County that would be able to provide the same platform. I do not think this is a decision of necessity for Alpine Communications but rather a decision of convenience. The location would allow them easy access to their facility and I feel other towers would, work equally as well. They just won't be as simple to access. I don't want to sound selfish, but, the view from my little piece of paradise is a valuable asset to the overall value of this property. Put yourselves in my shoes and think about looking out your windows everyday at a cluster of antennas 5-6 ft long mounted on a 10 ft cage at the top of a transmission tower. I don't think you would like see this either. Thank you for your time. Robert J Gannon Atascadero, Ca. 93422 City of Atascadero Planning Commiss.„n Minutes ADJOURNMENT Regular Meeting October 16, 2001 Page 9 of 9 Acting Chairman Kelley adjourned the meeting at 8:38 p.m. to the next regularly scheduled meeting of the Planning Commission on Tuesday, November 6, 2001. MEETING RECORDED AND MINUTES PREPARED BY: i, Recording Secretary Attachment 1— Robert J. Gannon: Adopted 11-20-01 Cdvlpmnt/PC Minutes 01/PC Minutes Revised 10-16-Ol.gp.doc 0000is 03/05/02 17:13 FAX 805 544 8058 SUNRISE SLO Attac ent # �— PC Minutes of 35-15 ADAMSKI, M0110SKi jl1 ku (NI; ADDMSS: POST OffICE BOX 959 SAN LUIS Omispo, CA 93406-0959 Mr. 'Warren Frace Interim Development Director City of Atascadera 6500 Palma Avenue Atascadero; California 93422 & GREEN LLP - A1rTOnraEYB AT LAW 444-1IIGiTFRA.STREL'T,-SkHTE 300 SAN LUIS O131SPO, CALIFORNIA 94401 March 5, 2002 Re: Tentative Parcel Map 2001-0018 (AT 01-060) 2000 Ferrocarril Road - Planning Commission Determination March 5, 2002 Dear Mr. Frace-- TEUPSONE' (801) W-0990 FACSIX9.F: (805) 543-09"O www.aaamskimoroski-8om VIA TELFCOPY ONLY 805 4G6-5036. Thzs firm fepresents-the Ataseadero Mutual Water Company. We have been asked to review and provide the City of Atascadero with our comments on the above -referenced- matter. which is scheduled to be heard by the Planning -Commission at THE March 5.hearing. We request that this letter be distributed to the Planning Commissioners acrd made a part of the record. - Initially, we must express our confusionwiththe matter before the Conuni.ssion. Thismatter apparently arose because the applicant has requested that the Planning Commission determine that it has satisfied Condition No. 40 'which provides: The applicant shall provide a 50 -foot wide access easement and a 50400t wide water main easement for the Atascadero Mutual Water Company as shown on the tentative Map, unless an alternative easement location is agreed upon by the applicant and the Ataseadero Mutual Water Company: (Emphasis added.) This eoridition is straightforward ' and leaves little room for -question. Absent a mutual agreementbetween the parties, this condition canbe satisfied only by providingthe 50-footeaseirient shown on flie tentative map. There is nothing ambiguous nor. is there any need 'for clarificatioiibf .the condition` Only. one 50 -foot wide easement was shown on4he tentative map. It was located along the boundaries of the two created parcels. It is clear from the docunlen{atiori in City fil always the history of the property that "the Company's water main and access 'easement were always contemplated to be located as "as shown on the tentative Map." There was never any discussion or suggestion-thatthe easement should be located anywhere else. 0000;:;0 03/05/02 17:13 FAX 805 544 8058 SUNRISE SLO 0 003 Mr; Warren-Frace, City of Atascadero March 5, 2002 Page 2 ConditionNo- 40, in direct -and plainlaAguage, requires that the applicant provide the access and water main easement in the location shown. - lf*the- applicant is merely asking the Planning Commission#o confirm that the 50 -foot wide easement is as shown on the tentative Map, this should be a simple matter and take no more than a few minutes, It appears; k�owever, that although couched as a request fora determination, the applicant -s real intent is to do away with Condition se 40. As a 'substantive matter, this is unacceptable.. (These substantive_matters will be addressed at the appropriate time.) As a procedural matteriiiay, the instant process be fatally flawed. If the instant matter is construed as anything other than a mere confirmation of the location of the 50 -foot easement, there are serious procedural and fatal problems. If, as the applicant appears to suggest, there.is to be a de facto removal &modification of Condition No. •40, the matter esti be beard only.after. a dilly noticed public hearing. The failure to give the required notice and properly hold apublicliearingprecliides the Planning Commissionfrom doing anythingmore than conning that the required easemeut.is as shown on the -Tentative Map. Any other action would violate the notice and hearing requiiements of the City's Municipal Code and the Subdivision Map Act.' Further, at the Planning Commission and City Council, the applicant accepted -the map conditions without piotest. There was -no appeal by the applicant -nor did the he otherwise challenge the conditions. It is now too late. If the applicant is .unhappy with the conditions attached to -the map, his: remedy is simply to file an -application for anew map. It is not to retuin to the Planning Commission seeking a "clarification." Finally, the Atascadero Mutual Water Company takes issue with the arguments raised by the applicant and its counsel. For example, the Company- was.granted an easement for its water main and access toad -over the subject .prop6ity'arid�a11 Colony created lots by that certain deed dated October 20, 1914 between the Colony Holding Company and the Atascadero_ Mutual Water Company- This grant.of easement is -an integral part ofthe concept for the operation of the Company for-tfie muival benefit of all Company shareholders. The depiction of the easement on the tentative map is appropriate and necessary to provide adequate di sclosure of the of the easement and -planned underground improvements to future owners. (The Company reserves the right to provide much more extensive substantive analysis ata dul7 noticed hearing on this matter.) Based up6ri the lack of notice audlawappropriate hearing, it is respectfully requested that the Planning Comrnission-either (i) refuse to hear this matter until duly noticed or (ii) merely restate the 1N0 foualal.notice was given to the Atascadero Mutual Wafer Company or anyadjacent property owner. .In fact, the Company learned of that the applicant was the requested "clarification" beeaase of a courtesy staff report provided -Wt Thursday. This "notice" obviously. does not come close to meeting the notice required for a public hearing. 000OAr Q3/05/02 17:14 FAX 805 544 8058 SUNRISE SLO 0 004 Nk Warren Frace . City of Atascadero March 5,-2002 Page 3. obvious: the location of the 50400t easement is dlong the adjacent property boundary of the newly created lots "as.shown on the tentative Map." Very truly Yours, ADAMSKI, MOROSKF & GREEN LLP .ti THOMAS D. GREEN TDG:chm - (yNAywoccr\F,=-0305,wpd