HomeMy WebLinkAboutPC Minutes 05.06.08PC Minutes 05/06/08
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CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, May 6, 2008 – 7:00 P.M.
CALL TO ORDER
Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Jack led
the Pledge of Allegiance.
ROLL CALL
Present: Commissioners O’Grady, Marks, Jack, Heatherington, O’Keefe,
Slane and Chairperson Fonzi
Absent: None
Staff Present: Community Development Director Warren Frace, Public Works
Director / City Engineer Steve Kahn, Deputy Community
Development Director Steve McHarris, Senior Planner Kelly
Gleason, and Associate Planner Callie Taylor.
APPROVAL OF AGENDA
MOTION: BY Commissioner Slane and seconded by Commissioner
Heatherington to approve the agenda.
Motion passed 7:0 by a roll-call vote.
PLANNING COMMISSION BUSINESS
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DISCLOSURE OF EX PARTE COMMUNICATIONS:
Commissioner Heatherington stated she received a phone call from Roger
Tompkins from the Las Lomas condo project. She called him back stating she
didn’t see a reason to meet with him and that the Commission would be meeting
tonight.
Commissioner Marks stated he received a phone call from Mr. Tompkins, and
they did not discuss the project.
Vice Chairperson Slane stated he received call from Roger Tompkins and chose
not to meet with him.
Chairperson Fonzi stated she received a call from Mr. Tompkins and did not
meet with him. She called John Neil from the Atascadero Mutual Water
Company and discussed some issues regarding the matter before the
Commission.
Commissioner O’Grady stated he received a phone call from Mr. Tompkins. He
called him back and they discussed the statistics on apartments and condos.
PUBLIC COMMENT – None
CONSENT CALENDAR
1. PLN 2008-1289 / TRP 2008-0120 TREE REMOVAL PERMIT, 5715 SANTA CRUZ #66
Property Owner: Hilltop Mobile Manor, LLC, 142 Sparrow Cir., Grass Valley, CA 95945-5758
Applicant: Heather McIntire, 5715 Santa Cruz Rd. #66, Atascadero, CA 93422
Certified Arborist: Steve Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465
Project Title: PLN 2008-1289/TRP 2008-0120
Project
Location:
5715 Santa Cruz Road, #66, Atascadero, CA 93422
APN 049-042-006 (San Luis Obispo County)
Project
Description:
A request to remove one (1) native oak tree 49” in diameter within an existing mobile home
park. It has been determined that the oak tree is damaged beyond reclamation by a certified
arborist and creates a hazardous situation for residents.
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Chip Tamagni, applicant’s arborist, addressed the issue of the trees in decline within the
mobile home park, and the plan for replanting. Mr. Tamagni answered questions of the
Commission.
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Carol Eastman stated she lives across from the tree in question, and stated she did not
like to see it removed as it is beautiful and looks healthy.
Harold McIntire, Maintenance Manager for the mobile home park, explained why it was
decided to inspect the tree and his concern for the safety of the residents and their
property. Mr. McIntire answered questions of the Commission.
Chip Tamagni spoke about regeneration on the property and answered questions of the
Commission.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Vice Chairperson Slane and seconded by Commissioner
Jack to adopt Resolution PC 2008-0025 to approve the request
to remove one (1) native oak tree subject to conditions of
approval and payment into the mitigation fund.
Motion passed 6:1 by a roll-call vote. (Heatherington opposed)
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
CONTINUED BUSINESS:
2. PLN 2007-1237, WOODLANDS CONDITIONAL USE PERMIT AMENDMENT,
CIRUELA WAY, LOS OLIVOS CT., CIRUELA CT., DECHADO CT.
Property
Owner/Applicant:
Woodlands Atascadero, LLC, PO Box 4013, SLO, CA 93403
Project Title: Woodlands CUP Amendment, PLN 2007-1237, SP 2003-0001, ZCH 2003-0041, CUP
2004-0123, TTM 2007-0100
Project Location: Ciruela Way, Los Olivos Cir., Ciruela Ct., Dechado Ct., Atascadero, CA 93422
APN 045-311-014, 015, 016 (San Luis Obispo County)
Project
Description:
The proposed project consists of a request to:
1. Amend CUP 2004-0123 (Master Plan of Development) to allow 50 individual condominiums (for
sale) units in place of 50 rental units and to allow placing condominium status over five (5)
buildings which consist of ten (10) apartments each and;
2. Process a Tentative Tract Map for 50 individual air space condominium units and 5 buildings
containing 10 apartments each, for a total of 55 condominium units.
General Plan Designation: (HDR) High Density Residential
Zoning District: (SP1) Specific Plan 1, Woodland Specific Plan
Proposed
Environmental
Determination:
Consistent with previously certified Mitigated Negative Declaration 2003 -0026 prepared
for the Woodlands Specific Plan.
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Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
PUBLIC COMMENT
Bob Fowler, applicant, explained the reasons for requesting the changes to his project
and addressed the issues of condominium fees, phasing, and apartment vacancies in
Atascadero. Mr. Fowler answered questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
Commissioner O’Keefe stated she could support 10 condominiums with 10 rental units,
as these would be apartments that are rented. She explained that through the Specific
Plan, the applicant received a significant increase in density with conditions for higher
architectural standards, etc. She believes the five condos with 10 rental units in each
would meet the financing difficulties and still have apartments available, therefore , she
cannot support the proposal as presented.
There was Commission discussion regarding the changing financial situation in the
economy and the need to provide the applicant the opportunity to meet his obligations,
and further discussion regarding distribution of the moderate -income units within the
project.
MOTION: By Commissioner Jack and seconded by Commissioner Marks
to adopt Resolution No. PC 2008-014 approving the
Amendment to Conditional Use Permit 2004-0123 modifying
the Master Plan of Development from 100 apartments to 50
apartments and 50 individual condominiums and allowing for
the placement of condominium status on the five (5) apartment
buildings subject to conditions and mitigation monitoring;
and, adopt Resolution No. PC 2008-0015 approving TTM 2007-
0100 Tentative Tract Map 2937 for air space condominium
purposes subject to conditions and mitigation monitoring, and
of the eight moderate units that are available, six of them will
be applied to the apartments and two to the condominiums,
and that the applicant’s statement of justification shall become
Exhibit D for each resolution.
Motion passed 6:1 by a roll-call vote. (O’Keefe opposed)
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NEW BUSINESS:
3. PLN 2007-1260, TENTATIVE PARCEL MAP FOR 7095 EL CAMINO REAL
Property
Owner/Applicant:
Atascadero Enterprises, 2505 Theatre Drive, Paso Robles, CA 93446
Project Title: PLN 2007-1260/Tentative Parcel Map 2007-0093
Project
Location:
7095 El Camino Real, Atascadero, CA 93422
APN 030-081-045, 046 (San Luis Obispo County)
Project
Description:
The proposed project consists of a request to subdivide an existing commercial parcel
into 2 lots. The project site is currently being developed with the approved Lube-n-Go
project and Carl’s Jr. project. The proposed subdivision would allow each use to be
located on an individual parcel.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Environmental
Determination:
Exempt per CEQA Section 15315 – minor land divisions.
Commissioner O’Grady read from a prepared statement explaining he found it
necessary to recuse himself from consideration of this item for reasons of bias and his
interpretation of the ethics law, which prevent him from considering this application
objectively.
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Adam Scattini, applicant, explained why he is bringing this proposal before the Planning
Commission and answered questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner O’Keefe and seconded by Vice Chairperson
Slane to adopt Resolution PC 2008-0026 as revised, approving
Tentative Parcel Map 2007-0093, based on findings and subject
to conditions of approval.
Motion passed 5:1 by a roll-call vote. (Heatherington opposed,
O’Grady abstained)
Commissioner O’Grady rejoined the hearing.
Chairperson Fonzi recessed the hearing at 8:22 p.m.
Chairperson Fonzi called the hearing back to order at 8:27 p.m.
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4. PLN 2099-0876, RECONSIDERATION OF CONDITIONAL USE PERMIT 2005-
0148, 4300 EL CAMINO REAL
Property Owner: K-Mart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084
Applicant: Allied Atascadero, LLC, 11150 Santa Monica Blvd., Ste. 770, Los Angeles, CA 90025
Project Title: Reconsideration of Conditional Use Permit 2005-0148
Project Location: 4300 El Camino Real, Atascadero, CA 93422
(San Luis Obispo County) APN 049-221-063
Project
Description:
The previously approved entitlement has expired. The applicant has applied for a
reconsideration of the previously approved Conditional Use Permit to allow the
following:
The proposed project consists of an application for a Conditional Use Permit for a
drive-through restaurant located on 0.83 acres within the Commercial Retail Zone.
The proposal includes a main dining buildin g with outdoor patio areas for restaurant
patrons and a drive-through facility along the El Camino Real and San Anselmo
frontages. The site is currently vacant and located within the existing K -Mart Shopping
Center.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Environmental
Determination:
Consistent with the previously Certified Mitigated Negative Declaration.
Senior Planner Kelly Gleason gave the staff report and with City Engineer Steve Kahn
answered questions of the Commission.
PUBLIC COMMENT
Joel Pickens, applicant’s representative, gave a brief history of their marketing efforts
for the site and answered questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
Commissioner O’Grady spoke about the recent approvals of drive -through businesses
by this Commission and remarked that the General Plan calls for balanced
development, which he does not see with so many of this type of business proliferating
throughout the City.
Commissioner O’Keefe expressed concern that when this was originally approved it
was for a specific project which included improvements along San Anselmo. Because
this may be a different project she is reluctant to approve it not knowing what the City
would get at the site.
Vice Chairperson Slane stated that this was approved prior to this Commission, and
also approved by the City Council. The big picture for him is the traffic issue at this
location and with the funding coming in to mitigate the traffic there, and with the
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Council’s approval, he questions why the Commission would not approve the project. If
the APCD requirements can be met, he believes this project should go forward.
Commissioner Jack stated this has already gone through th e process and it is back only
because a time limit ran out. Because the City Council has fully addressed and
approved this, with the Amendments as presented, he sees no reason to not approve
the project as long as the traffic situation can be mitigated.
Commissioner Heatherington expressed dismay that this could be considered for
approval without it being updated, and if the only way to get it updated would be to
come back with an actual project, there would be no way she could support approval.
Commissioner Marks commented that drive-throughs don’t fit into the City’s General
Plan, and smart growth principles are very clear about projects not encouraging traffic.
He believes the Commission would not be acting wisely if it approves an old project
without some updating from the APCD. He would be willing to look at a drive -through if
this project were sent back to APCD.
Senior Planner Gleason suggested staff can reissue the original Mitigated Negative
Declaration, and then bring that back to the Commission with any comments they
receive from the APCD or others, and the Commission could decide at that time if
suggested mitigation measures would be addable without changing the project, or if the
project must be redone due to the extent of their mitigatio n measures.
Chairperson Fonzi stated she is torn on this, because, at this time there is no actual
applicant, so the Commission doesn’t know what the project will be. She is also torn
about the traffic, as there must be improvement, and the City Council wanted those
improvements and voted in favor of the project. Based on the Council’s direction she is
inclined to vote in favor of this, but she questions what the City will be getting.
MOTION: By Vice Chairperson Slane and seconded by Chairperson
Fonzi to adopt Resolution PC 2008-0020 approving Conditional
Use Permit 2005-0148 based on findings and subject to
Conditions of Approval and Mitigation Monitoring.
Motion failed 3:4 by a roll-call vote. (O’Grady, Marks,
Heatherington, O’Keefe opposed)
Commissioners Jack, Slane, and Chairperson Fonzi stated for the record that they
voted in favor of the motion solely because of the City Council’s vote and the affect on
the traffic mitigation.
MOTION: By Commissioner O’Keefe to have staff re-circulate the Negative
Declaration.
Motion died for lack of a second.
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MOTION: By Commissioner O’Grady and seconded by Commissioner
Heatherington to deny the project.
Motion failed 3:4 by a roll-call vote. (Jack, O’Keefe, Slane,
Fonzi opposed)
MOTION: By Commissioner O’Grady and seconded by Commissioner Jack to
refer the item back to staff until such time as the applicant comes
forward with a more definitive project for the site.
Commissioner O’Grady withdrew his motion.
MOTION: By Commissioner O’Grady and seconded by Commissioner
Heatherington to deny the reconsideration of the original
project and that when the applicant has a real tenant, to
resubmit a CUP application.
Motion fails 3:4 by a roll-call vote. (Jack, O’Keefe, Slane, Fonzi
opposed)
MOTION: By Commissioner Jack and seconded by Vice Chairperson
Slane to continue this to the next meeting to give the
Commission time to consult with their respective City Council
Members for any additional direction.
Motion fails 3:4 by a roll-call vote. (Marks, Heatherington,
O’Keefe, Fonzi opposed)
MOTION: By Commissioner Marks to deny the project and have the applicant
resubmit the project for the full analysis.
Motion died for lack of a second.
MOTION: By Commissioner Heatherington and seconded by
Commissioner O’Grady to deny the reconsideration of the
Conditional Use Permit.
Motion passed 7:0 by a roll-call vote.
5. PLN 2007-1257, CONDITIONAL USE PERMIT FOR RECHARGE PONDS
Owner / Applicant: Atascadero Mutual Water Company, P.O. Box 6075, Atascadero, CA 93423
Project Title: PLN 2007-1257 / Conditional Use Permit 2007-0221
Project Location: River Parcel, Near Well #7 Atascadero, CA 93422
(San Luis Obispo County) APN 049-011-003
Project
Description:
The proposed project includes an application for a Conditional Use Permit 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. They
are proposed to be a kidney bean shape, and will be enclosed with a six-foot tall coated
chain link fence. A landscape buffer will be installed around the fence to minimize
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visual impacts.
The proposed project consists of two (2) phases. The first phase will include the
construction of one (1) water recharge pond requiring 22,000 cubic yards of cut. The
second phase 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 excavated fill dirt is proposed to 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.
General Plan Designation: Public (P)
Zoning District: Residential Public (P)
Proposed
Environmental
Determination:
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
proposed. The proposed Mitigated Negative Declaration is available for public review at
6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
John Neil, Atascadero Mutual Water Company, addressed issues raised by the
Commission and spoke about the project. He stated their concern with Condition No. 7
and asked that the Commission strike equestrian use and work out a method of getting
motorcycle use under control on the property.
Chairperson Fonzi closed the Public Comment period.
Commissioner Heatherington expressed concern regarding soil disruption and the
potential for Valley Fever. She offered to take this issue to the Health Commission and
to the Public Health Officer and have them address this concern.
MOTION: By Commissioner Jack and seconded by Commissioner
O’Keefe to adopt Resolution PC 2008-0024 certifying proposed
Mitigated Negative Declaration 2008-0004 as amended, and
approving Conditional Use Permit 2007-0221 (PLN 2007-1257)
based on findings and subject to conditions of approval with
the condition changes modifying Condition No. 7 to exclude
horses, and add an archeologist and one certified monitor to
be on site during site disturbances.
Motion passed 7:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
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DIRECTOR’S REPORT
Community Development Director Warren Frace updated the Commission on their next
meeting agenda, and native tree planting along Atascadero Creek. Director Frace
answered questions of the Commission.
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 10:09 p.m. to the next regularly scheduled
meeting of the Planning Commission on May 20, 2008.
MINUTES PREPARED BY:
___________________________
Grace Pucci, Recording Secretary
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