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HomeMy WebLinkAbout PC Minutes 09-05-00CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting September 5, 2000 — 7:00 P.M. CALL TO ORDER Chairman Carden called the meeting to order at 7:05 p.m. Vice Chairman Eddings led the Pledge of Allegiance. Present: Commissioners Carden, Eddings, Bentz, Fonzi, Jeanes, Kelley and Norton. Absent: None Staff: Community & Economic Development Director Paul Saldana, Principal Planner Warren Frace, Assistant Planner Jamie Heltsley, Doreen Libetro- Blanck, Group Design, Inc., and Recording Secretary Grace Pucci. PUBLIC COMMENT Eric Greening, 6600 Lewis Avenue, Atascadero expressed concern regarding the large sign that has recently been erected on the Carls Junior Restaurant. Director Saldana indicated that this is not an allowable sign and the business has been notified that it must be removed. CONSENT CALENDAR 1. Approval of minutes of the regular Planning Commission meeting of August 15, 2000. 2. Request for extension on entitlement for CUP 97010 Christ Chapel Church is requesting a two year extension of allowed interim use within the New West Center located at 7600 El Camino Real. Staff recommends: City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 2 of 14 Approval of an extension of entitlement for Conditional Use Permit 97010, allowing the continuation of Christ Chapel at 7600 El Camino Real for an additional two years, subject to the findings, exhibits and conditions as approved with CUP 97010. 3. Acceptance of Final Parcel May for LLA 2000-0010/ATL 00-060, 2800 Ardilla Road (Wilson Land Surveys/Jim Shores) Staff recommends: The Planning Commission accepts Final Parcel Map ATAL 00-060. 4. Acceptance of Final Parcel Map for LLA 90012/ATAL 99-220, 5005 San Jacinto Avenue (Lenthol/ShirleyBaumbmer) Staff recommends: The Planning Commission accepts Final Parcel Map ATAL 99-220. MOTION: By Commissioner Bentz and seconded by Commissioner Eddings to approve the Consent Calendar. AYES: Commissioner Bentz, Eddings, Kelley, Jeanes, Fonzi, Norton and Chairman Carden. NOES: None ABSTAIN: None Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS 5. Conditional Use Permit 2000-0014: CPK/PD-9 Master Plan of Development Amendment Phase 2 of The Home Depot Shopping Center, 900 Block El Camino Real (Westar Associates/Gearhart) The project consists of amending the Phase 2 portion (west of El Camino Real) of the 8/3/99 Master Plan of Development. The proposed amendment will allow three separate commercial buildings totaling 55,300± square feel in Phase 2, approve architectural elevations of all buildings and a master site landscape plan. The amendment will reduce the allowable commercial square footage of Phase 2 by 2500± square feet. Proposed Environmental Determination: Recertification of the previously certified 3/16/99 Mitigated Negative Declaration prepared for Master Plan of Development CPK/PD-9. City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 3 of 14 Staff recommends: The Planning Commission adopt Resolution 2000-047, thereby recertifying the original Mitigated Negative Declaration and approving the amendment of Phase 2 of the Master Plan of Development for CPK/PD-9 with the approval of architectural elevations of all buildings and a master site landscape plan. Principal Planner Warren Frace provided the staff report and answered questions of the Commission. Chairman Carden asked if there are any conditions on Phase II of this project that are different or in addition to what was approved for Phase 1. Principal Planner Frace responded that new conditions specific to the impacts of this project are indicated in the bulleted form in the staff report. All other conditions are standard and were part of the original master plan of development or mitigation measures of the negative declaration that was prepared for the project. Commissioner Kelley asked for clarification on the bike path change. Principal Planner Frace provided a description of changes. Commissioner Fonzi questioned where the pedestrian sidewalk would connect with Building D. Principal Planner Frace indicated on the map where the connection would occur. Commissioner Fonzi inquired about Condition 8.f), page 34. Principal Planner Frace stated that this was to clarify an inconsistency on the landscape plan. On the question of the number of bicycle racks, Mr. Frace responded that four bicycle spaces are required for each of the tenants. Commissioner Jeanes asked whether approving the second sign would require any special exception or variance to the sign ordinance. Mr. Frace indicated that because it is a master plan development the Commission has discretion to develop special standards that are unique to the site. Commissioner Norton questioned the removal of Condition 5 (liability). Mr. Frace stated that the condition was part of the original master plan of development that was approved in March of 1999. At the present time it is not City policy to require that of the applicant. Chairman Carden requested a review of the circulation for the drive-through convenience store and the car wash. Mr. Frace indicated the paths of circulation on the display map. City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 4 of 14 PUBLIC COMMENT John Faulkenstein from Cannon Associates, representing Westar Associates, presented an overview of the project and answered questions of the Commission. Chairman Carden inquired if there were any conditions currently applied to the project that Mr. Faulkenstein disagreed with. Mr. Faulkenstein indicated that there were none from his standpoint (engineering and structural), but turned the question over to Mr. Koetting. Peter Koetting of Weststar Associates addressed the Commission. After working closely with staff, he feels that most issues have been satisfactorily dealt with. In clarification the following issues were mentioned: 1. Pedestrian connection between Building D and the public walkway: This will be built out of decorative paving. 2. Bike Lane: With staff's help a plan has been devised which will work for those areas. 3. Car wash: The tenant will reverse the driveway as staff requested. 4. Trash enclosure: Will be moved near Building D. 5. Second sign: Is intended for tenants other than Home Depot so there will be no duplication of signs. 6. Oak trees: Large oak trees to the west of the Building B and to the north of Buildings B, C and D will be retained. 7. Material usage: The same materials will be used throughout architecturally, to insure consistency. Mr. Koetting further made the following clarifications: Item 19 should read "The site retaining walls located along both the sem west and..." Item 17: Mr. Koetting expressed surprise that they would have to maintain the median landscaping. Item 39: They have an ongoing agreement with Home Depot to share all prorated sewer costs. Commissioner Norton inquired what the date for the grand opening of Home Depot would be. Mr. Koetting indicated that he believed it was set for the month of November. Terry Graham, 6205 Conejo Road, Atascadero, stated that he felt the City has violated Chapter 3 of the CEQA ordinance; most specifically in 1999 under subsection 15025. City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 5 of 14 Mr. Graham felt that the City Council, under this subsection, cannot delegate "reviewing and considering of final EIR or approving a negative declaration prior to approving a project" to any other agency in the city government. Chairman Carden questioned Director Paul Saldana on Mr. Graham's concerns. Mr. Saldana stated that the City Attorney has reviewed the filing referred to by Mr. Graham, and in his opinion it is entirely without merit, that the City has followed all of the processes of CEQA, and that the complaint will not be heard. Chairman Carden indicated that as there was ongoing litigation, this item would not be addressed further in public at this time. Bob Roos, 2550 Homestead Road, Templeton, Vice Chair of the Templeton Advisory Group expressed concern that this project will add to the pollution of the night sky with parking lot lights. He requests that the Commission condition the project in a manner that will shield the lights in such a way that they throw light down rather than up into the sky. Terren Collins, 1600 Fuentes Road, Atascadero, attorney for the San Luis Obispo County Chumash Council, urged the Commission to deny the project due to its impact on the cultural and biological resources in the project area. She feels that this project is proposed on top of a very significant cultural site. Ms. Collins urged the Commission to require an archeological study as a condition for approval of the project. She further requested that all of the known archeological sites have conservation easements over them for purposes of protecting the cultural resources. Ms. Collins stated that if the project were approved tonight the San Luis Obispo County Chumash Council would appeal it. Ms. Collins comments are meant to apply to both projects under consideration by the Commission in this session. Director Saldana clarified that the changes to the conditions noted by Ms. Collins as discussed in their meeting are not applicable to this project, but rather are applicable to the next project (R.V. Park, Item 6.) Mr. Frace stated that the Home Depot project has been completely cleared and the entire site is currently under construction and the location of Phase 2 is currently a construction site. There was archeological reconnaissance done that found no significant features or artifacts there. Eric Greening, 6600 Lewis Avenue, Atascadero expressed his concern regarding the "first flush" phenomenon whereby the oil and other residue from cars will run off of a paved surface into adjacent creeks and streams with the first rainfall. He asked how close the parking lot would be to Graves Creek and if the substances from the lot could be in some way contained. Chairman Carden closed the Public Comment period. Commissioner Norton asked for clarification on the archeological work that was done on the project prior to the beginning of excavation. Mr. Frace stated that last summer when the master plan for development was amended for the Home Depot building there was a City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 6 of 14 requirement before construction was started that a final archeological reconnaissance be done at the site before there was any grading. That was done and nothing was found at the site and the site was subsequently cleared. As a result, the entire site, Phases 1 and 2 are under construction at this time. Commissioner Eddings asked if there are areas in the city that are pre -designated as archeologically sensitive. Mr. Frace responded that along the Salinas River there is a higher likelihood of encountering those types of features, which is why any projects near the river are routinely required to have an archeology survey prepared with their applications. Commissioner Fonzi questioned whether the lighting would be shielded. Mr. Frace stated that Condition 13 specifically deals with the shielding of all outdoor lights. Commissioner Fonzi also inquired about drainage for the parking area. Mr. Frace stated that all of the onsite drainage from the parking lot areas is going to be collected within the storm drain system. Conditions 21 and 22 of the staff report deal with water quality issues. Commissioner Norton asked if the street improvement would be complete before the grand opening. Mr. Frace stated that all improvements along El Camino Real, paving, curb and gutter, parking lots, etc. will be completed before the store will open. MOTION: By Commissioner Kelley and seconded by Commissioner Jeanes to adopt Resolution 2000-047, thereby recertifying the original Mitigated Negative Declaration and approving the amendment of Phase 2 of the Master Plan of Development for CPK/PD-9 with the approval of architectural elevations of all buildings and a master site landscape plan, adding the Errata including Item 39, removing Condition 5, and changing Condition 8 c) and 19 as follows: 8.c) An 8 -foot wide pedestrian and bikeway connection shall be improved from the SapA G=Fu, Read f enlage Building B to the railroad trestle at Graves Creek. 19. The site retaining walls located along both the south west and northern property lines shall be constructed of decorative, split face "Keystone" type wall systems. Irrigated landscape pockets shall be provided for every 5 -feet of vertical wall. The color, finish and design of the wall system shall be approved by the Community Development Department prior to issuance of grading permits. AYES: Commissioners Kelley, Jeanes, Fonzi, Norton, Bentz, Eddings and Chairman Carden. NOES: None City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 7 of 14 ABSTAIN: None Motion passed 7:0 by a roll -call vote. 6. Conditional Use Permit 2000-0008: Master Plan of Development for REC/PD- 9, North End El Camino Real (Kelly Gearhart/Cannon Associates) Consideration of a Master Plan of Development for the Recreation Zone/Planned Development 9 (L/PD-9) (Conditional Use Permit 2000-0008) which includes a three phased project including recreational facilities with a 186 space transient occupancy recreational vehicle park and open space preserve on 31± acres. Proposed Environmental Determination: Certification of draft Mitigated Negative Declaration 2000-029. Staff recommends that the Planning Commission: 1. Adopt Resolution PC 2000-048 thereby certifying the Mitigated Negative Declaration; 2. Adopt Resolution PC 2000-049 thereby approving the Master Plan of Development for REC/PD-9 (Conditional Use Permit 2000-008); and 3. Adopt Resolution PC 2000-050 thereby recommending the City Council adopt a Resolution supporting the submittal of an application to the PUC for a grade separated railroad crossing bridge at the north end of El Camino Real. Doreen Libetro-Blanck of Group Design, Inc. provided the staff report and answered questions of the Commission. Chairman Carden, in reference to the amended Condition 30, asked if the only indigenous people involved in this project are Chumash. Director Saldana stated that staff recommends the condition which says "most likely next descendant," leaving the identification of the tribe somewhat generic. Commissioner Jeanes asked if the Item 30, which is being added, is a reiteration of what was already required in Phase I. Ms. Libreto-Blanck stated that they have expanded what the archeologist recommended — having an extended Phase I survey. Commissioner Norton questioned what type of archeological survey was done, and whether the developer will be avoiding the three main areas indicated on the map as sensitive and if this was acceptable to Ms. Collins. Ms. Libreto-Blanck stated that the archeological report indicates that if the site is avoided the problem should be mitigated. However, as a mitigation measure, an archeologist will be required to do an extended Phase I survey prior to the construction plan approval. City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 8 of 14 Commissioner Fonzi stated she was concerned that there is no adequate access that would enable her or the public to walk the site. Additionally, in her opinion, the Commission was not given the opportunity to review the EIR. She has concerns regarding sewer service, safety issues due to the project being located on a flood plain, no pedestrian usage of the bridge across the railroad tracks, noise issues and the impact on the closest neighbor, and what are the economic benefits to this project. Commissioner Fonzi stated that she would feel better if this could be delayed to another date. Commissioner Kelley is concerned with the bridge and pedestrian access from the RV Park to the Home Depot center and the 80 foot difference in elevation from where the bridge will start to the other side. Additionally, he is concerned about the large oak tree, which is located where the road will go. Chairman Carden commented that since the inception of the Home Depot project it was understood that one of the phases would be an RV Park and that an EIR had been on the record and approved which allowed the Home Depot project to take place. Everyone on the Commission has had months of knowledge of this entire project and the same ability as anyone else to review all relevant documents that are public record. He feels that lack of information or research on a Commission member's part is not a rationale to negatively impact an applicant. Commissioner Eddings questioned the elevations of the parking spaces for recreational vehicles as compared to the 100 -year flood elevations. Additionally he was interested in the applicant's feeling on providing pedestrian access to the bridges. Commissioner Jeanes asked what the distance was from the bridge area to the RV park. Ms. Libreto-Blanck stated that the distance appears to be approximately 150 to 200 feet. Commissioner Norton inquired if a plan has been devised for emergency regress in addition to the bridge. Ms. Libreto-Blanck stated that the Fire Department indicated that having two separate bridges would meet the requirement for emergency vehicles. PUBLIC COMMENT Doug Davidson, Cannon Associates, representing the applicant, addressed the Commission on the project and gave a history on the development of the site. He addressed the Commissions concerns as follows: 1. The culturally sensitive site will be 100% avoided and no work will be done on that area. 2. Condition 5: Would like to request that that condition be stricken from this project. 3. Would like to revise the Conditions of Approval with the extent of the pedestrian and bike access similar to those modified in the Home Depot project. City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 9 of 14 4. Condition 42: They request that this condition, regarding installation and/or reimbursement of their share of traffic improvements as part of the Home Depot project, be stricken. Commissioner Norton questioned whether the bridge plan includes pedestrian access to Home Depot. Mr. Davidson stated that the project before the Commission does not have pedestrian access on the bridge. John Faulkenstein who is working with Mr. Davidson on the project made the following comments. 1. Flood Plain: All of the land proposed for development is above the 100 -year flood plain. 2. Bridge: Two adjacent identical bridge spans 14 '/2 feet wide were originally planned. Fire Department code requires bridges to be 20 -foot wide, unobstructed. Additionally the planners requested provision for pedestrian access. Therefore, they considered going to a 32 -foot wide, clear span bridge with pedestrian and bike lanes provided. However the Fire Department prefers having two spans so the application has been changed to the original plan for the two adjacent bridge spans. Either alternative is acceptable to the applicants. Regarding pedestrian access, the path along the creek and underneath the railroad bridge and then around into the shopping center is more level and shorter than taking the bridge, which must be accessed from Graves Creek. 3. Railroad: They are concerned with having pedestrians and bicycles up that high on the bridge. Even though the bridges will be fully railed, there are safety issues to be considered. They prefer to sign the area to indicate that there is an alternative path to the commercial area other than the bridge. Commissioner Kelley stated that after listening to the applicant's presentation he favors the bike path over the pedestrian access to the bridge. He inquired whether it was possible to provide lights on the path for evening usage. Mr. Faulkenstein is open to the consideration but is unsure if it would not be better to close the path after dark. Commissioner Bentz asked if there were any RV sites within the flood hazard zone. Mr. Faulkenstein stated that there were not. Commissioner Norton questioned the future build out of the RV Park. Mr. Faulkentstein responded that the Mutual Water Company owns properties to the east and south so there would be no future circulation in that area. The property that Gearhart owns has no additional RV spaces planned. Other recreational uses may be planned but are not currently defined. Commissioner Fonzi asked if this project was conditioned upon approval of the bridge by the PUC. Mr. Faulkenstein indicated that it is and that they have been in contact with the PUC. Commissioner Fonzi then asked about pollution of the river due to sewage City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 10 of 14 dumping from the RV Park. Mr. Faulkenstein stated that Atascadero has an ordinance that there must be one dump station per so many spaces. They will have a totally contained system to protect the river, which will include construction of a sewer lift station. Commissioner Fonzi asked about noise impact on surrounding residences and the economic benefit of the park to the city. Mr. Faulkenstein stated that the nearest residence was approximately 1,000 feet away, however, due to the low elevation and block walls, it is hoped that noise will not be a problem for the park. Director Saldana stated that the economic benefit is estimated that 30-40 percent occupancy will bring in a Transient Occupancy Tax of approximately $50,000 per year. Commissioner Bentz questioned the representative's objection to Condition 42, the road reimbursement issue. Mr. Faulkenstein stated that there is a private agreement between the parties concerned and he feels it is appropriate to leave it that way. Chairman Carden asked if the road improvements are bonded. Director Saldana stated that they were. After a discussion of Condition 42, Mr. Faulkenstein stated that he better understood the reason for the condition and he feels there will be no problem with leaving it in. PUBLIC COMMENT Anthony Agueda, 625 Templeton Road, Templeton, expressed his concern regarding the issues of safety, trash and noise emanating from the RV Park and motor bikes/ATVs in the river. Alan Reichard, 955 Templeton Road, Templeton (representing John Wiley Trust), distributed photographs of the area in question to the Commissioners. Issues that concern him are as follows: Project being built in the flood plain and problems such as erosion and illegal activity caused by motorcycles, etc. in the river. John Whitson, 1545 Templeton Road, Templeton, lives south of the project and expressed the following concerns: Contact by Fish and Game, the project being within 150 feet of the high water mark, the specifics of the dump station that will service the RV Park, and children using the river will present safety and property damage problems. Eric Greening, 6600 Lewis Avenue, Atascadero, feels that there are definite biological issues. Children, dogs, ATV's, etc. will impact the eco system and agriculture. He also feels any lighting of the trail should be subdued and shielded. He also has concerns City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 11 of 14 regarding dam failure, the speed of trains going through the area, and the cul-de-sac effect of two bridges as well as the secondary access which would be necessary. David Gabler, 2780 Ferrocaril, Atascadero, questioned what would happen in phases two and three with the bridge. A ten-minute recess was taken at this point in the meeting. Alan Reichard, 955 Templeton Road, Templeton (representing John Wiley Trust), addressed his comments to the addendum to the EIR. He expressed concern that the individual responsible for the biological report did not spend adequate time on the site. Mr. Reichard feels that many species of animals as well as the agricultural environment would be destroyed with the introduction of 500 people into the area through the RV Park. Eric Greening, 6600 Lewis Avenue, Atascadero, stated again his concern that there be a secondary access to the project. He also wants to see the habitat left alone. Anthony Agueda, 625 Templeton Road, Templeton, stated that deepening the river channel would divert water onto his property. Gary Reichard, 955 Templeton Road, Templeton, stated that in 1969 he observed a flood in the river that produced enough water to completely cover the project property. He feels this property is not suitable for development. Doug Davidson addressed the public concerns as follows: 1. The property is zoned "L" and the number one use on the list of allowed uses is a recreational vehicle park. 2. ATV access to the river is not provided by this project. There will be 24 hour on-site monitoring. 3. They will be providing access to the site, which does not currently exist. 4. Phases 2 and 3 zoning allows for outdoor recreation and they intend to proceed in that direction. 5. No wells will be dug, city water will be provided for the site. 6. Fish and Game has been notified at least four times for this project and they are on the distribution list for the project. 7. This site is outside the known range for kit foxes, as stated in the Biology report. 8. Secondary access will be through the primary access, and will not come in on the other side of the river. The Fire Department has been involved throughout the process. City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 12 of 14 Chairman Carden closed the public comment period. Chairman Carden asked Director Saldana to address the EIR comments raised by several speakers. Mr. Saldana gave a history of the EIR process for this site and feels all EIR issues have been addressed for this project. Commissioner Kelley asked Mr. Davidson to address Item 28 and what will be done to help the people who live on the opposite side of the river from the project. Mr. Davison indicated that trails will be restricted to pedestrian and equestrian use only, no ATV's or other vehicles will be permitted on the trails. Signage for direction and restricting activities will be required and posted along edge of setback. Commissioner Bentz reviewed Conditions 28 and 34 in answer to some concerns raised by the general public. Commissioner Norton clarified that this project will restrict direct access to the creek running nearby, and asked for an explanation as to how the dump station would be handled. Mr. Frace stated that there would be two separate systems on site and each camping site would have a sewer hookup into the city system. There will be an underground holding tank that would need to be pumped out periodically. Commissioner Fonzi asked what effect building on the site would have on the riverbank. Mr. Faulkenstein stated that there would be no fill in the floodway in Graves Creek and very limited grading will be done on site. Commisssioner Jeanes stated that she is against lighting the walking path and feels that the access issue has been addressed by the Fire Department. Commissioner Eddings agreed that this is a good use for the property. Chairman Carden indicated that trains are restricted as to speed in residential areas. Chairman Carden called for amendments. Commissioner Jeanes noted that it was necessary to remove Condition 5. Commissioner Fonzi stated that it was her understanding that Condition 42 would be left in. MOTION: By Commissioner Jeanes and seconded by Commissioner Kelley to adopt Adopt Resolution PC 2000-048 thereby certifying the Mitigated Negative Declaration, and to adopt Resolution PC 2000-049 thereby approving the Master Plan of Development for REC/PD-9 (Conditional Use Permit 2000-008), and to Adopt Resolution PC 2000-050 thereby recommending the City Council adopt a Resolution supporting the submittal of an application to the PUC for a grade separated railroad crossing bridge at the north end of El Camino Real with the stipulation that Condition 5 be removed and with the inclusion of the Errata. AYES: Commissioners Jeans, Kelley, Bentz, Fonzi, Fonzi, Norton, Eddings and Chairman Carden. City of Atascadero Planning Commission Minutes Regular Meeting September 5, 2000 Page 13 of 14 NOES: None ABSTAIN: None Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORT Director Saldana stated that Home Depot will take possession of the building within the next couple of weeks and are working on a November 1St opening. COMMISSIONER COMMENTS AND REPORTS Chairman Carden commented that this is probably the most environmentally studied piece of property in the entire city. Commissioner Fonzi stated that she likes the format staff is currently using for the conditions. Commissioner Bentz concurred with Commissioner Fonzi's statement and congratulated the staff on a job well done. ADJOURNMENT Chairman Carden adjourned the meeting at 10:12 p.m. to the next scheduled meeting on Tuesday, September 15, 2000. MEETING RECORDED BY AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary