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HomeMy WebLinkAboutPC_2002-09-17_MinutesAPPROVED ORIGINA OCT - i 2aoz CALL TO ORDER CITY OF ATASGP PLANNING CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting September 17, 2002 — 7:00 P.M. Chairman Bentz called the meeting to order at 7:02 p.m. and Commissioner Eddings led the Pledge of Allegiance. ROLL CALL Present: Commissioners Eddings, Jones, Kelley, O'Malley, Fonzi and Chairman Bentz Absent: None Staff: Community Development Director Warren Frace, Associate Planner Glenn Rider, City Engineer Steve Kahn, Fire Chief Kurt Stone and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 3.2002. MOTION: By Commissioner O'Malley and seconded by Commissioner Eddings to approve the Consent Calendar. AYES: Commissioners O'Malley, Eddings, Kelley, Jones, Fonzi, and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. h City of Atascadero Planning Commiswon Minutes PUBLIC HEARINGS Regular Meeting September 17, 2002 Page 2 of 8 2. ZCH 2002-0029 / CUP 2002-0067 / VESTING TTM 2002-0014 Applicant: Kelly Gearhart, 6205 Alcantara, Atascadero, CA 93422 Project Title: ZCH 2002-0029 / CUP 2002-0067 / Vesting TTM 2002-0014 Project 2000 Ferrocarril Road (East of Union Pacific Railroad), Atascadero, San Luis Location: Obispo County APN 049-023-030, 049-291-016, 049-291-005 Project The proposed project consists of Planned Development Zone Change with a Master Plan of Development Description: to allow a 16 lot single family residential subdivision with an average minimum lot size of 2.5 acres. One of the lots will be a 5.76 -acre open space lot with an equestrian/pedestrian trail and parking area. The project will permit the construction of 13 additional single family dwellings. The site has rolling topography and large flat areas with numerous oak trees and native vegetation. The site is located between the Salinas River and the Union Pacific Railroad. Access will be provided from a street extension off of El Camino Real that will require construction of a grade separated railroad crossing. No water or sewer services are available to the site, and the site will be served by individual wells and septic systems. The project is consistent with the General Plan Land Use designation and requires a Planned Development Overlay for zoning consistency. General Plan Designation: SE (Suburban Estates) Zoning District: RS Residential Suburban Proposed PROPOSED NEGATIVE DECLARATION 2002-0030: 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 .m., Monday through Friday. Staff 1. Adopt Resolution No. PC 2002-0048, recommending that the City Council certify the Recommends: proposed Mitigation Negative Declaration 2002-0030; and, 2. Adopt Resolution No. PC 2002-0049, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0029; and, 3. Adopt Resolution No. PC 2002-0050 recommending that the City Council approve Conditional Use Permit 2002-0067 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt Resolution No. PC 2002-0051 recommending that the City Council approve Vesting Tentative Tract Map 2002-0014, subject to findings and conditions of approval. Community Development Director Warren Frace provided the staff report and with City Engineer Steve Kahn and Fire Chief Kurt Stone answered questions of the Commission. PUBLIC COMMENT Russ Thompson, R. Thompson Consulting, applicant's representative, commended Mr. Frace on his presentation and requested the following changes: 1. Condition of Approval No. 42 (page 80): Strike the words "prior to the recordation of the Final Map,' and replace with "prior to the issuance of residential building permits." City of Atascadero Planning Commis. on Minutes Regular Meeting September 17, 2002 Page 3 of 8 2. Condition of Approval No. 46 (page 80): Revise the first sentence to read; "The applicant shall record a road maintenance agreement or assessment district for the bridge, roads and multi-purpose trail." 3. Condition of Approval No. 50 (page 81): Modify the last sentence to read "The septic system design and percolation testing would be in accordance with the Regional Quality Control Board's Basin Plan No. 8312." 4. Condition of Approval No. 52 (page 81): Modify the last sentence to read "The reports will be reviewed and approved by County Health Department and City of Atascadero Mr. Thompson answered questions of the Commission. John Neil, Atascadero Mutual Water Company, responded to questions raised by the Commission: 1. Mr. Neil elaborated on the annexation process. 2. Question regarding private wells: The Water Company is concerned with interference by their community wells on the private wells in the project, particularly in a drought when the private wells could possibly run dry. 3. Conditional of Approval No. 52: Agree with the change as suggested by Mr. Thompson. 4. Conditional of Approval No. 23 (page 51) and No. 26 (page 77): Requested a change to the end of the first sentence to read "or as otherwise approved by Atascadero Mutual Water Company." Mr. Neil answered questions of the Commission. Gary Reichart, 955 Templeton Road, owner of the property across the river from the project site, expressed the following concerns: 1. Leach fields: There are two open wells on the property and the leach fields are in close proximity to both creating the possibility of contamination of the aquifer. 2. Phase II: Feels the Commission is rubberstamping Phase II along with Phase I. 3. Erosion of embankment: The river embankment was backfilled in 1969 with a large quantity of hazardous material including blacktop, which is a petroleum product. This backfill is continuously eroding into the system. (Mr. Riechart provided the Commission with a sample of the backfill material and pictures of the embankment.) Russ Thompson asked the Commission to consider allowing the project to proceed in two phases by finalizing a map that would allow the two existing houses to be created on two lots and sold (Phase I) prior to the rest of the project commencing (Phase II). Kelly Gearhart, applicant, stated that the issues raised by Mr. Reichart effect not the project in question tonight but rather the property behind Home Depot. Regarding the existing wells, Environmental Health has advised him of complaints they have received on these wells and he will be addressing their concerns. Chairman Bentz closed the Public Comment period. Commissioner O'Malley commended staff for their work on the project and asked Director Frace to review the issues raised in the Public Comment period and state staff's position on each. Mr. Frace responded as follows: City of Atascadero Planning Commis.,on Minutes Regular Meeting September 17, 2002 Page 4 of 8 1. Condition No. 26 (page 77): Staff is in agreement with the proposed change. 2. Condition No. 42 ( page 80): Staff is in agreement with the proposed change. 3. Condition No. 46 (page 80): Staff is in agreement with the proposed change. 4. Condition No. 50 (page 81): Staff is in agreement with the proposed change. 5. Condition No. 52 (page 81): Staff is in agreement with the proposed change. 6. Phasing of the recordation of the final map to allow the single one -acre lot at the end of Ferrocarril to record prior to the other lots. This lot is actually in the Water District so it is possible to phase the project as requested. If the Commission were to agree to the phasing, staff recommends that the easement for the 5.7 -acre open space area and trail be required to record concurrently with that single lot. 7. Condition No. 23 (page 51): Staff is in agreement with the proposed change. Commissioner Fonzi expressed concern with the Negative Declaration and feels it does not cover some of the issues raised during the Public Comment period or by the Arborist. Mr. Frace responded that there was a geotechnical report submitted by Buena Geotechnic, and there was no disclosure that there was any asphalt or fill problems on the property. This project area, though next to the overall river area, is not close to the flow lines and though there may be issues with the fill, this is not part of tonight's project. Director Frace and Fire Chief Stone answered additional questions of Commissioner Fonzi regarding train vibration and noise mitigation, hazardous material spills and toxic diesel exhaust fumes, exclusion of sycamore trees in protection plan and traffic impacts. There was Commission discussion regarding the issue of annexation and private vs. community wells. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt Resolution No. PC 2002-0048, recommending that the City Council certify the proposed Mitigation Negative Declaration 2002-0030; and, adopt Resolution No. PC 2002-0049, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0029; and, adopt Resolution No. PC 2002-0050 recommending that the City Council approve Conditional Use Permit 2002-0067 for the Master Plan of Development subject to findings and conditions of approval; and, adopt Resolution No. PC 2002-0051 recommending that the City Council approve Vesting Tentative Tract Map 2002-0014, subject to findings and conditions of approval with the following changes: 1. Condition of Approval No. 42 (page 80): The bridge construction from the end of Ferrocaril to the end of El Camino Real shall be completed and approved by the City of Atascadero prior to the reeer-dation of the Fina reap the issuance of residential building permits. 2. Condition of Approval No. 46 (page 80): The applicant shall record a road maintenance agreement or assessment district for the bridge, roads and multi- purpose trail. 3. Condition of Approval No. 50 (page 81): If the dicta ee betweei the gfetma water- and the bette 1of the septie system Is less than 30 feet t o ee mss must. be submitted to theRegionalLester—Quality Gentxer Boafd f@r—app-fevai. Replace with: The septic system design and percolation testing will be in accordance with the Regional Quality Control Board's Basin Plan No. 8312. City of Atascadero Planning Commis..,jn Minutes legular Meeting September 17, 2002 Page 5 of 8 4. Condition of Approval No. 52 (page 81): The reports will be reviewed and approved by County Health Department and City of Atascadero and the 5. Condition of Approval No. 23 (page 51) and No. 26 (page 77): The applicant shall provide the easement by separate instrument, shall show the easement on the final map, and shall address the restrictions in the CC&R's for the project, or as otherwise approved by Atascadero Mutual Water Com an 6. Phasing of the recordation of the final map to allow the single one -acre lot at the end of Ferrocarril to record prior to the other lots, and the easement for the 5.7 -acre open space area and trail to record concurrently with that single lot. AYES: Commissioners Kelley, Eddings, Jones, O'Malley, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 92002-0019: 5250 AGUILA AVENUE LORENZE A request to remove thirty-one (31) native oak trees, five of which exceed 24 -inches dbh, in conjunction with the construction of a new single family at 5250 Aguila Avenue (PPN 2002- 0065). Staff Recommends: The Planning Commission adopt Resolution PC 2002-0047 approving the removal of a thirty- one (31) native oaks subject to the mitigation requirements set forth in the Atascadero Native Tree Ordinance and specified within the project exhibits and conditions. Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT John Rinaldi, architect representing the applicant, gave a brief background on the applicants and expressed the following concerns: 1) Cost of paving the full frontage of their road, an unanticipated expenditure of $12,000 to $16,000, and 2) Cost of $4,629.18 for tree mitigation. Mr. Rinaldi stated that the applicants feel the Tree Ordinance is unfair because it does not define the condition of the trees; 13 of the 31 trees slated for removal are almost dead. The applicants are willing to either contribute $2,000 to the tree mitigation fund or do replacement planting. City of Atascadero Planning Commission Minutes Regular Meeting September 17, 2002 Page 6 of 8 Chairman Bentz inquired whether the Commission has the authority to waive or change the mitigation fees. Director Frace stated that the numbers given are directly from the Tree Ordinance and there is no way to reduce the mitigation, however there are different ways to calculate the mitigation. There is a possibility of plant replacement trees instead of paying fees, or a combination of fees and replacement trees. Commissioner Kelley suggested placing a condition on the permit that would state: "Prior to any grading a pre -construction meeting would be held between the grading contractor, the applicant or contractor, arborist and city staff to ensure that all tree protection is in place." Mr. Rinaldi stated that this would be acceptable to the applicants. Ted Elder, Certified Arborist, indicated that one of the problems with this and other sites is that there are too many trees on the site, which in turn impairs the health of all trees on site. Mr. Elder explained the reasons why many areas of the city have an overabundance of trees and how this threatens the overall health of the trees. He made several recommendations for changes to the Tree Ordinance. Mr. Elder answered questions of the Commission. Chairman Bentz closed the Public Comment period. MOTION: By Vice Chairman Fonzi and seconded by Commissioner Jones to consider the removal of the 31 native oak trees subject to guidelines and mitigation as required by the Atascadero Native Tree Ordinance which are specified within the project conditions and: 1. Prior to grading a meeting with the arborist and others will be arranged to facilitate tree plan implementation, and 2. Staff will work with applicant to reduce the fiscal impact by allowing additional trees along the driveway area. AYES: Commissioners Fonzi, Jones, O'Malley, Kelley, Eddings and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 4. TIME EXTENSION REQUEST CUP 99-008:1690 EL CAMINO REAL A one-year time extension request for Conditional Use Permit (CUP) 98-008, allowing the phased construction of a 17,700 square -foot machinery manufacturing building complex at 1690 El Camino Real. The site has a general plan designation of Commercial Park (CPK) and a Zoning District of CPK. StaffRecommends.- City of Atascadero Planning Commib. on Minutes Regular Meeting September 17, 2002 Page 7of8 The Planning Commission adopt Resolution PC 2002-0046 approving a one-year time extension for Conditional Use Permit 99-008 allowing the construction of a 17,700 square foot machinery manufacturing building complex specified within the project conditions and exhibits. Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Robert Fisher, Architect, gave a brief history of the time extensions on the project. Mr. Fisher stated that the applicant feels he has incorporated many additional features into the building design and that further changes are unnecessary. Chairman Bentz closed the Public Comment period. MOTION: By Commissioner O'Malley and seconded by Commissioner Kelley to adopt Resolution PC 2002-0046 approving a one-year time extension for Conditional Use Permit 99-008 allowing the construction of a 17,700 square -foot machinery manufacturing building complex specified within the project conditions and exhibits. AYES: Commissioners O'Malley, Kelley, Eddings, Jones, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6: 0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Commissioner Eddings stated it is his experience that people do not remove trees from their building site unless it is absolutely necessary to access or create a building site. He feels it is not right to penalize individuals or make them pay to remove trees to access their building site. Chairman Bentz felt property owners should not be fined for the work of Mother Nature. He finds no justification for assessing fees for removal of dead trees. Commissioner Kelley agreed with Chairman Bentz and felt the Tree Ordinance needs to be readdressed. Commissioner Jones felt that the Tree Ordinance punishes people for properly following the law. He does not feel this is fair nor what Atascadero is about. Commissioner Jones agreed with the statements made earlier by the arborist. City of Atascadero Planning Commission Minutes Regular Meeting September 17, 2002 Page 8 of 8 Commissioner O'Malley requested staff start a folder tied to the Tree Ordinance and include the ideas put forward at tonight's meeting. Community Development Director Frace updated the Commission on several issues raised at the September 3rd meeting. 1. Tree protection at the Santa Ysabel project: The arborist's report approved by the Planning Commission and City Council has been implemented, a secondary report has been done and an arborist is monitoring the project and protecting the tree. 2. AB 1866: This bill creates new rules for second units and states that where a city allows guesthouses they must be allowed "by right" with a building permit. This bill will take effect July 1, 2003. 3. General Plan lawsuit: The City has retained counsel and there has been a settlement conference, but the exact status of the case is unknown at this time. ADJOURNMENT Chairman Bentz adjourned the meeting at 9:18 p.m. to the next regularly scheduled meeting of the Planning Commission on October 1, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Pucci, Recording Secretary Cdvlpmnt/PC Minutes/PC Minutes 09-17-02.gp.doc Adopted 10/1/02