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Home My WebLink About PC Minutes 05-16-00CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting May 16, 2000 — 7:00 P.M. CALL TO ORDER Chairman Carden called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL Present: Commissioners Carden, Jeanes, Kelly, Eddings, and Fonzi. Absent: Commissioner Bentz and vacancy Staff: Community & Economic Development Director Paul Saldaiia, Assistant Planner Phil Dunsmore, and Recording Secretary Pat Hicks. PLANNING COMMISSION BUSINESS Election of Vice Chairperson MOTION: By Commissioner Kelly and seconded by Commissioner Fonzi to nominate Commissioner Eddings as Vice Chairperson. AYES: Commissioners Eddings, Fonzi, Kelley, Jeanes, and Chairman Carden. NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. M051600.doc 6/12/00 City of Atascadero Planning Commission Minutes PUBLIC COMMENT None CONSENT CALENDAR Regular Meeting May 16, 2000 Page 2 of 8 1. Cancellation of Scheduled Regular Planning Commission Meetings on June 20, 2000 and July 18, 2000. LA Tree Removal Permit 2000-0005, 5392 Barrenda Avenue, Norton Construction Request to remove a 37 -inch Valley Oak at 5392 Barrenda Avenue. The tree is injured beyond reclamation. Staff recommends the approval of the Tree Removal Permit subject to the Findings, Conditions, and Mitigation. Chairman Carden pulled Items #1 and I for discussion. RE: Item #1: Staff requested that the June 20, 2000 meeting be held, and the June 6, 2000 meeting be cancelled. MOTION: By Commissioner Eddings and seconded by Commissioner Kelly to cancel the meetings of June 6, 2000, and July18, 2000, and hold a meeting on June 20, 2000. AYES: Commissioner Eddings, Fonzi, Kelley, Jeanes, and Chairman Carden. NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. RE: Item #IA: Chairman Carden asked why mitigation costs are necessary for this tree if it is dying. Mr. Saldana responded that the Tree Ordinance requires it as the tree died do to the construction activity. City of Atascadero Planning Commission Minutes Regular Meeting May 16, 2000 Page 3 of 8 Commissioner Kelly asked if there was a tree protection plan that went along with the project. Mr. Saldana replied that, yes, there was. Commissioner Kelly asked if there is any record of violation of the protection plan. Mr. Saldana stated that he would have to look at the inspection record. Commissioner Fonzi asked where the replacement tree would be planted. She stated that the location seems to be the cause of death for the tree. Mr. Saldana stated that it would be planted in the same area. Commissioner Kelly expressed concern that taking the tree out may harm a nearby tree. Chairman Carden asked who develops the Tree Protection Plan. Mr. Saldana commented that typically the applicant's engineer/architect provides a plan, and it is then approved by a certified arborist. PUBLIC COMMENT Paul Norton, applicant, stated that he has a liability problem, and the tree needs to come out. He expressed that he would like for the mitigation fee to be waived. He also would like to change the planting location of the replacement tree. Commissioner Kelly asked that applicant about the costs of mitigation. Joan O'Keefe, 9985 Old Morro Road East, reported that she had contacted the Community Development Department informing them that the conditions of the trees were bad, and they appeared to be dying. Ms. O'Keefe read the letters that she had sent to Paul Saldana (Exhibits "A" and `B"). Chairman Carden closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner Jeanes to approve the Tree Removal Permit TRP #2000-005, 5392 Barrenda, Norton Construction, and find that the tree proposed for removal is dead, diseased, or injured beyond reclamation as certified by a tree condition report from an arborist and as stated the Conditions of Approval: 1) The Applicant shall provide a 36" Valley Oak Box Tree as replacement for the removal of a 37" Valley Oak to be placed as recommended by an arborist. In addition to the replacement, the applicant shall pay $1,000.00 to the tree mitigation fund prior to the final of the remaining residence. 2) The Applicant shall hire a certified arborist to place the two remaining Valley Oaks on the site. City of Atascadero Planning Commission Minutes Regular Meeting May 16, 2000 Page 4 of 8 AYES: Commissioners Fonzi and Jeanes NOES: Commissioners Eddings, Kelly and Chairman Carden ABSTAIN: None Motion fails 2:3 by a roll -call vote. MOTION: By Commissioner Kelly and seconded by Commissioner Eddings to approve the removal of the tree, that there be no cash mitigation, and that the applicant work with staff to replace the removed tree with other trees that can be planted feasibly within the project. AYES: Commissioners Eddings, Fonzi, Jeanes, Kelly, and Chairman Carden NOES: None ABSAIN: None Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 2. ZONE CHANGE 2000-0002; APPEARANCE REVIEW 2000-0004 The proposed project consists of a rezone of a 30,000± square foot vacant lot from Recreation (L) to Special Recreation (LS) to permit the construction of a 2500± square foot single-family residence. The single-family residence will be subject to architectural review. The project is located on the corner of Santa Rosa Road and Lake View Drive with a General Plan Designation of Recreation (REC) (9605 Lake View Drive; APN 056-322-011). PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED NEGATIVE DECLARATION: Based on the initial study prepared for the project, a Negative Declaration is proposed. The Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this subdivision. Staff Recommends the Planning Commission: Adopt Resolution No. PC 2000-028, recommending that the City Council certify the proposed Negative Declaration; and, Adopt Resolution No. PC 2000-029, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0002; City of Atascadero Planning Commission Minutes Regular Meeting May 16, 2000 Page 5 of 8 and, Adopt Resolution No. PC 2000-030, finding the architectural features of the Proposed single family residence are compatible with the surrounding residential development. Community Economic & Development Director Paul Saldana gave the staff report and answered questions of staff. Commissioner Eddings stated that he was curious as to how the zoning error occurred and who approached who regarding the sale of the property. Mr. Saldana stated that the property was reported as public, and he was unsure about the specific details of the sale of the property. Commissioner Fonzi requested clarification on flooding problems. She asked if the homes are identical in structure. Mr. Saldana replied that they are identical with the exception of the house color and roof. PUBLIC COMMENT Frank Kock, 9545 Lakeview Dr., expressed opposition to the houses being the same style and concern for the flooding issue and pathway to the Lake. Chairman Carden closed the Public Comment period. Mr. Saldana read into the record, letters from Henry and Sandra Engen, 9575 Lake View Drive, and Alan Thomas, 9520 Marchant Way, who expressed concerns with the project (Exhibits "C" and "D"). Commissioner Fonzi stressed her concern for the homes being built so close to a flooded area. She recommended that the appearance be changed so that the homes are not identical. Commissioner Eddings stated that he does not have a problem with the design of the houses as we have allowed this type of project in the past. Commissioner Kelly supported Commissioner Eddings opinion. Commissioner Jeanes stated that she does not want to see two identical homes built; however, she felt that it would be an abuse of power to dictate that to the developer. Commissioner Fonzi explained that the resolution asks that the project be in conformance with the surrounding area; therefore, the Planning Commission does have the authority regarding design. MOTION: By Vice Chairman Eddings and seconded by Commissioner Fonzi to City of Atascadero Planning Commission Minutes Regular Meeting May 16, 2000 Page 6 of 8 adopt Resolution No. PC 2000-028, recommending that the City Council certify the proposed Negative Declaration. AYES: Commissioner Eddings, Fonzi, Kelley, Jeanes, and Chairman Carden. NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. MOTION: By Vice Chairman Eddings and seconded by Commissioner Kelly to adopt Resolution No. PC 2000-029, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0002. AYES: Commissioner Eddings, Fonzi, Kelley, Jeanes, and Chairman Carden. NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. MOTION: By Vice Chairman Eddings and seconded by Commissioner Kelly to adopt Resolution No. PC 2000-030, finding the architectural features of the proposed single family residence are compatible with the surrounding residential development. AYES: Commissioner Eddings, Kelley, Jeanes, and Chairman Carden. NOES: Commissioner Fonzi ABSTAIN: None Motion passed 4:1 by a roll -call vote (Fonzi opposed). 3. ANNUAL CAPITAL IMPROVEMENT PROGRAM GENERAL PLAN CONSISTENCY DETERMINATION The Planning Commission will review the City of Atascadero's Capital Improvement Program for consistency with the General Plan as required by Section City of Atascadero Planning Commission Minutes Regular Meeting May 16, 2000 Page 7 of 8 65403 (c) of the Government Code. The Commission's finding will be forwarded to the City Council. Staff Recommendation: Adopt Resolution PC 2000-032 thereby finding that Capital Improvement Program is consistent with the current General Plan. Community & Economic Development Director Paul Saldana introduced the City's new Public Works Director, Steve Kahn. Mr. Kahn provided the staff report and responded to questions from the Commissioners. There was no Public Comment. MOTION: By Commissioner Fonzi and seconded by Vice Chairman Eddings to adopt Resolution PC 2000-032 thereby finding that Capital Improvement Program is consistent with the current General Plan. AYES: Commissioner Eddings, Fonzi, Kelley, Jeanes, and Chairman Carden. NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. 4. ANNUAL GENERAL PLAN IMPLEMENTATION STATUS REPORT The Planning Commission will review the status of the General Plan and its progress of implementation as required by Section 65400(b)(1) of the Government Code. The Commission's finding will be forwarded to the City Council, Office of Planning and Research, and the Department of Housing. Staff Recommendation: Adopt Resolution PC 2000-031 thereby finding that all of the elements of the current General Plan are in the process of being updated. Community Economic & Development Director Paul Saldana gave the staff report, explaining the process and reported on the neighborhood meetings that are being held. There was no Public Comment. MOTION: By Commissioner Jeanes and seconded by Commissioner Fonzi to adopt Resolution PC 2000-031 thereby finding that all of the elements of the current General Plan are in the process of being updated. City of Atascadero Planning Commission Minutes Regular Meeting May 16, 2000 Page 8 of 8 AYES: Commissioner Eddings, Fonzi, Kelley, Jeanes, and Chairman Carden. NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS Community Economic & Development Director Paul Saldana extended an invitation to the commissioners to attend the General Plan Update neighborhood meetings. Mr. Saldana reported that regardless of the schedule changes, the Commission can expect to see General Plan issues and the Downtown Revitalization Committee before them this summer. COMMISSIONER COMMENTS & REPORTS None ADJOURNMENT Chairman Carden adjourned the meeting at 8:38 p.m. to the next regular meeting on June 20, 2000. MEETING RECORDED BY AND MINUTES PREPARED BY: Pat Hick, Recording Secretary Melanie Whaley, Deputy City Clerk