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HomeMy WebLinkAboutPC Agenda 05-5-09CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 5, 2009 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jack Vice Chairperson Moreno Commissioner Bentz Commissioner Colamarino Commissioner Schmidt Commissioner Sturtevant Commissioner Ward APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) PLANNING COMMISSION BUSINESS CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 7, 2009. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS Regular Meeting, May 5, 2009 Page 2 of 5 DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2006-1137, AMENDMENT TO PRECISE PLAN AT 10900 VISTA ROAD Property Larry and Ann Mathews, 5952 Bellingham Dr., Castro Valley, CA 94552 Owner/Applicant: Project Title: PLN 2006-1137, Amendment to Precise Plan at 10900 Vista Road Project Location: 10900 Vista Road, Atascadero, CA 93422 (San Luis Obispo County) APN 055-161-030 Project On May 15, 2007, the Atascadero Planning Commission approved an Amendment to Description: allow the building envelope that was originally established in 1990 with Tract Map 1382, to be moved to a new location approximately 600 feet west, towards the center of the property. The project included a 4,278 square foot single-family residence on an existing 8.8 acre lot of record. The project plans included 3,610 cubic yards of cut and 3,610 cubic yards of fill, with a maximum cut of 11 feet and maximum fill of 14 feet. The project included 580 lineal feet of retaining wall for a 700 foot long driveway from Vista Road to the building site. Native trees were approved removal, including one 38 -inch Live Oak and 9 smaller Live Oaks and Scrub Oaks ranging in size from 4 to 6 -inches. At the May 5, 2007 hearing, the Planning Commission certified the Mitigated Negative Declaration which was circulated for the proposed project. The applicant is currently requesting an Amendment to the original project to eliminate the 580 -foot long retaining wall along the driveway from Vista Road to the building site. Eliminating the retaining wall will increase the total amount of cut and fill from 3,610 cubic yards to 5,100 cubic yards. The revised plans identify a maximum cut of 14 feet and a maximum fill of 18 feet. The total site disturbance is proposed to be increased from 0.95 acres to 2.0 acres. A revegetation plan has been submitted to restore the hillside where the additional grading is located. No changes are proposed to the residence or septic system. The Mitigated Negative Declaration has been revised to address the proposed changes. The document must be certified by the Planning Commission in order to approve of the proposed changes. General Plan Designation: RE Zoning District: RS-PD2 Proposed The original CEQA document prepared for the project was posted from March 29, 2007 Environmental to April 17, 2007 and certified by the Planning Commission on May 15, 2007. The 2009 Determination: proposed Amendment to Mitigated Negative Declaration 2007-0004 is available for public review from 4/16/09 through 5/5/09 at 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting, May 5, 2009 Page 3 of 5 3. PLN 2007-1257, AMENDMENT TO CONDITIONAL USE PERMIT AND TREE REMOVAL PERMIT AT RIVER PARCEL NEAR WELL #7 AND WELL #4 Property Owner/ Atascadero Mutual Water Company, PO Box 6075, Atascadero, CA 93423 Applicant: Project Title: PLN 2007-1257, Amendment to CUP 2007-0221 and TRP 2009-0124 Project Location: River Parcel, Near Well #7 and Well #4 Atascadero, CA 93422 (San Luis Obispo County) APN 049-011-003 Project Description: On May 6, 2008, the Planning Commission approved a Conditional Use Permit application to construct three (3) water recharge ponds as part of the Atascadero Mutual Water Company's facilities expansion. The ponds are approximately 250 feet by 440 feet in size in a kidney bean shape. Phase 1 includes the construction of one (1) water recharge pond requiring 22,000 cubic yards of cut. Phase 2 will be constructed only if necessary, and will include the construction of two (2) additional water recharge ponds requiring a total of 32,850 cubic yards of cut. The ponds will be enclosed with a six-foot tall coated chain link fence and a landscape buffer to minimize visual impacts. The excavated fill dirt will be used to create a building pad on the same parcel for upgrades to Well #4. Excess dirt will be stock piled at the Atascadero Mutual Water Company's property on Sycamore Road. The original Mitigated Negative Declaration for the project was posted on 2/22/08. Comments were received by the public and additional Mitigation Measures were incorporated by the Planning Commission with the May 6, 2008 project approval. An Amendment to the project is currently being proposed to (a) move Pond 1 approximately 130 feet to the west to provide a 300 -foot setback to Well #7, (b) to remove two native Black Walnut trees (21" and 48" DBH), and (c) to amend Mitigation Measure 5.2.d. Based on the previous subsurface archeological studies which have produced negative results for archeological resources, the project archeologist has recommended that additional subsurface testing is not necessary and additional monitoring by cultural resource monitor should not be required unless prehistoric sites are uncovered. The project archeologist shall continue to monitor all ground work. A riparian enhancement plan has been provided for the project and a Stream Alteration Agreement was approved by the Department of Fish and Game on 3/24/09. General Plan Designation: Public (P) Zoning District: Residential Public (P) Proposed The original CEQA document prepared for the project was posted from February 22, 2008 to Environmental March 22, 2008 and certified by the Planning Commission on May 6, 2008. The 2009 Determination: proposed Amendment to Mitigated Negative Declaration 2008-0004 is available for public review from 4/6/09 through 5/5/09 at 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS 4. CONTINUED - DISCUSSION OF PLANNING COMMISSION MEETING PROCEDURES City of Atascadero Planning Commission Agenda DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, May 5, 2009 Page 4 of 5 The next regular meeting of the Planning Commission is scheduled for May 19, 2009, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, May 5, 2009 Page 5 of 5 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC COMMENT", the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission.