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CALL TO ORDER
OCT 15 ?0-0?
CITY OF AT,
CITY OF AT.
PLANNING COMMISSION MINUT.
Regular Meeting
October 1, 2002 — 7:00 P.M.
Chairman Bentz called the meeting to order at 7:05 p.m. and Commissioner Jones led the Pledge
of Allegiance.
ROLL CALL
Present: Commissioners Jones, Kelley, O'Malley, Fonzi and Chairman Bentz
Absent: Commissioner Eddings
Staff: Community Development Director Warren Frace, City Engineer Steve Kahn
Associate Planner Glenn Rider, Planning Services Manager Steve McHarris and
Recording Secretary Grace Pucci.
PUBLIC COMMENT
Jim Patterson, 9312 North Santa Margarita Road, expressed support for the Atascadero Native
Tree Ordinance. Mr. Patterson spoke about the value of trees and contrasted that value with the
payment of mitigation fees. He feels a lot of time and effort went into writing the Tree
Ordinance and there is no need to review it at this time.
Rick Matthews, 6950 Navarette Avenue, indicated that it would not be useful to review the
Atascadero Native Tree Ordinance, but rather to have a joint study/training session on oak trees
and construction with City Council, Planning Commission, Staff, Parks and Recreation
Commission and Atascadero Native Tree association.
There was Commission discussion regarding the tree ordinance and Commissioners expressed
their individual concerns.
Chairman Bentz closed the Public Comment period.
City of Atascadero Planning Comm — iion Minutes
CONSENT CALENDAR
Regular Meeting October 1, 2002
Page 2 of S
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON SEPTEMBER 17, 2002.
2. ACCEPTANCE OF FINAL MAP 2002-0033 FOR LLA 99-013: SAN RAFAEL
MOTION: By Commissioner Jones and seconded by Commissioner O'Malley to approve the
Consent Calendar.
AYES: Commissioners Jones, O'Malley, Kelley, Fonzi and Chairman Bentz
NOES: None
ABSTAIN: None
Motion passed 5: 0 by a roll -call vote.
PUBLIC HEARINGS
3. CUP 2002-0060: PINE MOUNTAIN TELCOMMUNICATION FACILITY
Applicant:
Cingular Wireless, 2521 Michelle Drive Tustin, CA 92780
Project Title:
CUP 2002-0060
Project
7125 Serena Court (Pine Mountain Reservoir), Atascadero, San Luis Obispo County
Location:
APN 028-221-007 & 029-105-041
Project
The proposed project consists of installation of six panel antennas on five new poles,
Description:
ranging in height between 15 and 17 feet, and installation of a 16' x 10' equipment
shelter. The poles, antennas, and equipment shelter will be painted a natural brown tone
to blend with the hillside and native vegetation. Native landscaping is also included as
part of the project. The site is located at the Pine Mountain water reservoir off of
Serena Court. The project is consistent with the General Plan Land Use designation.
General Plan Designation: Rural Residential Zoning District: Rural Residential
Proposed
PROPOSED NEGATIVE DECLARATION 2002-0034:
Environmental
Based on the findings of the initial study, the Community Development Department
Determination
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 at 6500 Palma Avenue, Community Development
Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
City of Atascadero Planning Commission Minutes
PUBLIC COMMENT
Regular Meeting October 1, 2002
Page 3 of 8
Trisha Knight, representing Cingular Wireless, referred to a question raised by the Commission
and stated that the cut for the road would be very minimal as the surface is very packed. Ms.
Knight answered questions of the Commission.
Chairman Bentz closed the Public Comment period.
MOTION: By Commissioner O'Malley and seconded by Commissioner Kelley to adopt
Planning Commission Resolution 2002-0045 approving Conditional Use Permit
2002-0060, a request to install six panel antennas on five new poles, ranging in
height between 15 and 17 feet, and installation of a 16' x 10' equipment shelter
telecommunication facility on APN 028-221-007 and 029-105-041, as
conditioned, with the removal of Condition No. 17 and with the provision that
when the site is no longer in use all infrastructure would be removed and the site
restored.
AYES: Commissioners O'Malley, Kelley, Jones, Fonzi and Chairman Bentz
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
4. ZCH 2002-0030 TO BE CONTINUTED
Applicant:
City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422
Project Title:
Zone Change 2002-0030
Project Location:
Downtown Commercial Zoning District, Atascadero, San Luis Obispo County
Project
The proposed project consists of a zoning code text amendment of the City Downtown
Description:
Zoning District ordinance. Staff is proposing minor text changes that would allow fist
floor office uses on first floor spaces within the Downtown Commercial (DC) zoning
district.
Proposed
PROPOSED EXEMPTION BY STATUTE SECTION 15061:
The project will have no significant effect on the environment.
Environmental
Determination
Community Development Director Frace stated that this item would be continued to October 15,
2002.
City of Atascadero Planning Comm, ,pion Minutes
Regular Meeting October 1, 2002
Page 4 of 8
5. ZCH 2002-0028 / CUP 2002-0065 / VESTING TTM 2002-0019
Applicant:
Kelly Gearhart, 6205 Alcantara, Atascadero, CA 93422
Project Title:
ZCH 2002-0028 / CUP 2002-0065 / Vesting TTM 2002-0019
Project
1625-1685 El Camino Real, Atascadero, San Luis Obispo County
Location:
APN 049-102-008, 009
Project
The proposed project consists of Planned Development Zone Change with a Master
Description:
Plan of Development and Tentative Tract Map to allow a 38 unit single family
residential subdivision with a maximum density of 4 units/acre. The subdivision will
consist of a total of 40 lots, two of which will be used for an open space feature /
stormwater detention basin. The site is flat with two rural residential houses surrounded
by pastures with eight native oak trees. The site is located along El Camino Real
(arterial street) which h will provide project access. Public water and sewer are
available to the site, and will serve the project. The project is consistent with the
General Plan Land Use designation and requires a Planned Development Overlay to
allow density up to 4 du's/ac and lot sizes smaller than 1/2 acre.
General Plan Designation: SFR -X (Single Family Residential 1/2 acre [4 dwellings/ac
max])
Zoning District: RSF-X (Residential Single Family 1/2 acre)
Community Development Director Warren Frace provided the staff report and answered
questions of the Commission.
PUBLIC COMMENT
Kelly Gearhart, applicant, answered questions of the Commission.
Commissioner O'Malley asked Mr. Gearhart if he would be agreeable to working with staff to
restrict several houses to moderate housing or to payment of in -lieu fees. Mr. Gearhart indicated
that he would be amenable to perhaps restricting two houses or have the option to look at an in -
lieu fee.
Babak Naficy, attorney for the Environmental Center of San Luis Obispo (ECOSLO), addressed
the Commission expressing his concerns with this project. Mr. Naficy urged the Commission to
deny this project as proposed stating it was a violation of the City's zoning ordinance with
respect to Development Overlays. (Attachment A)
Chairman Bentz closed the Public Comment period.
There was Commission discussion regarding inclusionary housing/in-lieu fees and garage
setbacks. Mr. Frace indicated that the PD -17 would be an ordinance and it would be advisable to
recommend the garage setbacks at this time. There was Commission consensus for a 10 -foot
setback on garages.
There was further discussion regarding the park and whether it would be a passive or active park.
Concern was expressed over the proximity of the park to El Camino Real. Commissioner
O'Malley suggested the installation of decorative fencing on the El Camino Real side. City
City of Atascadero Planning Commi.sion Minutes Regular Meeting October 1, 2002
Page 5 of 8
Engineer Steve Kahn indicated that fencing could be used along El Camino Real and he liked the
concept of an active play area.
The Commission next considered the question of assessment district vs. homeowners
association. City Engineer Kahn stated that in his opinion this particular development would
work well with a homeowners association due to the densities involved in this project. A
homeowners association could respond to problems in the development in a more timely fashion
than the city could if it were an assessment district.
Chairman Bentz proposed votes be taken on the issues discussed.
MOTION: By Commissioner O'Malley and seconded by Vice Chairman Fonzi to adopt a 10
foot setback for all PD -17 developments.
AYES: Commissioners O'Malley, Fonzi, Kelley, Jones and Chairman Bentz
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
MOTION: By Commissioner O'Malley and seconded by Commissioner Jones to adopt a
passive park.
AYES: Commissioners O'Malley, Jones, Kelley and Chairman Bentz
NOES: Vice Chairman Fonzi
ABSTAIN: None
Motion passed 4:1 by a roll -call vote.
MOTION: By Vice Chairman Fonzi and seconded by Commissioner Jones that at the
applicant's option, the project shall include two (2) deed restricted moderate -
income affordable units or pay equivalent in -lieu fees to be determined by staff.
Deed restrictions or fees shall be provided at time of final map.
Commissioner Kelley stated he was opposed to placing this condition on the project as the rules
for this issue have yet to be made. He feels the applicant has followed all the rules to this point
and it is unfair to place this type of condition, which could present major financial obstacles, on
the project.
Commissioner Jones asked what the fees, if incurred would be used for. Director Frace indicated
that because this would be an ordinance a process must be gone through to determine what fees
would be collected, what the amount would be, how they would be held and what they would be
City of Atascadero Planning Commi.sion Minutes
Regular Meeting October 1, 2002
Page 6 of 8
used for. Commissioner Jones expressed his concern that this was not a requirement of the
developer coming in.
MOTION: By Vice Chairman Fonzi and seconded by Commissioner Jones that at the
applicant's option, the project shall include two (2) deed restricted moderate -
income affordable units or pay equivalent in -lieu fees to be determined by staff.
Deed restrictions or fees shall be provided at time of final map.
AYES: Commissioner Fonzi, O'Malley and Chairman Bentz
NOES: Commissioners Jones and Kelley
ABSTAIN: None
Motion passed 3:2 by a roll -call vote.
MOTION: By Commissioner Jones and seconded by Commissioner O'Malley to adopt
Resolution No. PC 2002-0056, recommending that the City Council certify the
proposed Mitigated Negative Declaration 2002-0035; and, adopt Resolution No.
PC 2002-0057, recommending that the City Council introduce an ordinance for
first reading for the creation of a new PD -17 overlay district; and, adopt
Resolution No. PC 2002-0058, recommending that the City Council introduce an
ordinance for first reading to approve Zone Change 2002-0028; and, adopt
Resolution No. PC 2002-0059 recommending that the City Council approve
Conditional Use Permit 2002-0065 for the Master Plan of Development subject to
findings and conditions of approval; and, adopt Resolution No. PC 2002-0060,
recommending that the City Council approve Tentative Tract Map 2002-0019,
subject to findings and conditions of approval with the deletion of Condition No.
I LA.2., and with the addition of the following Public Works Map Conditions:
1. A common drainage and open space recreation easement shall be recorded
against the park lots on the final map.
2. Prior to recording the final map, provisions for the repair and maintenance of
the paving of the private road shall be included in the CC&R's for this tract.
Included shall be a mechanism to maintain the private street, private sewer,
and drainage swale and structures, such as a homeowners association. The
City Engineer and City Attorney shall approve the final form prior to
recordation.
3. Applicant shall pay sewer extension (annexation) fees prior to recordation of
final map or upon issuance of building permit which ever occurs first. Sewer
Connection and Reimbursement fees shall be payable upon actual connection
of the building sewer to the public sewer system.
4. Gravity mains and other sewer facilities within the subdivision shall be
privately owned and maintained.
City of Atascadero Planning Comm scion Minutes
Regular Meeting October 1, 2002
Page 7 of 8
5. Gravity mains within the subdivision shall be eight (8) inches in diameter.
AYES: Commissioners Jones, O'Malley, Kelley, Fonzi and Chairman Bentz
NOES: None
ABSTAIN: None
Motion passed 5:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
6. TREE REMOVAL PERMIT 2002-0020:5920 WEST MALL
Request to remove one (1) native oak tree, which exceeds 24 -inches dbh at 5920 West Mall.
Staff Recommends:
The Planning Commission adopt Resolution PC 2002-0053 approving the removal of a 48 -inch
native Valley Oak subject to the mitigation requirements set forth in the Atascadero Native Tree
Ordinance and specified within the project conditions.
Commissioner O'Malley stepped down from consideration of this item.
Associate Planner Glenn Rider provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT — None
MOTION: By Commissioner Jones and seconded by Commissioner Kelley to adopt
Resolution PC 2002-0053, a resolution of the Planning Commission of the City of
Atascadero approving a tree removal permit at 5920 and 5942 West Mall.
AYES: Commissioners Jones, Kelley, Fonzi and Chairman Bentz
NOES: None
ABSTAIN: None
Motion passed 4:0 by a roll -call vote.
COMMISSIONER COMMENTS & REPORTS
None
City of Atascadero Planning Comrniion Minutes
ADJOURNMENT
Regular Meeting October 1, 2002
Page 8 of 8
Chairman Bentz adjourned the meeting at 9:07 p.m. to the next regularly scheduled meeting on
October 15, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
41'41(--'�
Pucci, Recording Secretary
The following attachment is available for public review in the Communit� Development Department:
Attachment A - Babak Naficy
Cdvtpmnt/PC Minutes 02/PC Minutes 10-01-02.gp.doc
Attachment #
PC Minutes of /'Q
To: Atascadero Planning Commission
From: Babak Naficy, Attorney at Law (805)593-0926
on behalf of Environmental Center of San Luis Obispo (ECOSLO)
1204 Nipomo Street, San Luis Obispo, CA 93401 (805)544-1777 -
Date: 10/1/02
RE: Kelly Gearhart Project
1625-1685/CUP 2002-0065Nestin TTM 2002-0019
I apologize for not having had a chance to submit these comments earlier, but myself and ECOSLO were moving
this past week and our offices are still not in order.
This project, from what I can see, consists of 38 single family units on a total of 9.90 acres, possibly 10 acres, with
two 1/4 acre parcels of open space. Although the newly amended General Plan, whose validity is currently subject
to a legal challenge by ECOSLO, sets the minimum parcel size at'/z acre, the General Plan specifies that a lot sizes
of up to 4 dwelling units/acre may be allowed through a development overlay proces.
One problem is that the zoning ordinance has not been amended to reflect the changes in the General Plan, so it
seems impossible to claim that there is consistency with the zoning ordinance.
Nevertheless, Planned Development Overlay Zone 15 appears to be the applicable zoning provision. PD15 appears
at Muni Code 9-3.660, and it provides that
(a) Purpose: the purpose of the district is to allow the creative clustering of residential parcels to preserve
sensitive environmental features and provide common open space by allowing lot size smaller than the
underlying zone's minimum.
(b) Develo ment Standards, section (2) provides that individual lot sizes may be smaller 1/2 acre minimum,
"provided the overall density conforms to the specified maximum density."
This is clearly not the case here. The overall density here is 38 homes on 10 acres. The maximum allowable would
be 20 units. So clearly, the proposed development is in violation of the 9-3.660. There has been no attempt to
protect sensitive environmental features.
The development overlay process also requires certain findings, including a finding that the "the benefits from the
overlay zone cannot be reasonable achieved through existing development standards or processing requirements.
(9-3.644). PD 15 requires a Master Plan to be developed in conjunction with the Tentative Tract Map, which must
include "a statement of project features that will provide a public benefit." I don't believe this project application
contains such a statement.
In short, I urge you not to approve this project as proposed, as it is in violation of the City's zoning ordinance with
respect to Development Overlays.
Sincerely,
Babak Naficy
attachments: Municipal Code §9-3.660
9-3.660 Establishment of ined Development Overlay Zone No. (PD 15). Page 1 of 1
Remove highlighting,
Title 9 PLANNING AND ZONING
Chapter 3 ZONING DISTRICTS
9-3.660 Establishment of Planned Development Overlay Zone No. 15:
(PD15).
Planned Development Overlay Zone No. 15 is established as shown on the official zoning
map (Section 9-1.102). All development within the district shall be in conformance with
the development standards and established herein:
(a) Purpose. The purpose of the district is to allow the creative clustering of residential
parcels to preserysen5itive environmental features an p C.FmLmrin ol2en s a e
Ta o e smaller than the unde
( ) Development Standards.
(1) The maximum density shall not exceed two (2) dwelling units for each gross acre of
land. Individual lot sizes may be smaller provided the overall project density conforms
to the specified maximum density.
(2) l i� vidual lot sizes shall be established in coniunction with a_Tentative Tract Map
an shall not be re wired to com I with the mi criteria for the
Residential Single Family one-half 1 Acre Minimum District (RSF X), provided the
ensit o e sl2ecified maximum density.
(3) City sewer service and water service from the Atascadero Mutual Water Company
shall be provided to all residential lots.
(4) In no case shall a residential lot size be less than one-quarter (1/a) acre, nor exceed a
3:1 depth to width ratio.
(5) A Master Plan of Development shall be approved in conjunction with any Tentative
Tract Map application. All subdivision improvements and subsequent development shall
be consistent with the Master Plan of Development. The Master Plan of Development
shall contain the following:
(i) A site plan indicating land use, common open space, circulation, lot sizes, slopes,
native trees and common landscape features;
(ii) A statistical summary of the projects land uses and densities;
(iii) A statement of project features that will provide a public benefit;
(iv) Any special eve opment standaras-TH7a will be required of future development;
(v) Individual building plans and elevations are not required. (Ord. 367 § 2 Exh. A, 1999)
http://ordlink.com/cgi-bin/hilite.pl/c.../9_3_660_Establishment_of Plann.html?rsf%20 9/30/02