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HomeMy WebLinkAbout PC Minutes 10-17-00CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting October 17, 2000 — 7:00 P.M. CALL TO ORDER Chairman Carden called the meeting to order at 7:02 p.m. Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Carden, Eddings, Bentz, Fonzi, Jeanes, Kelley and Norton. Absent: None Staff: Principal Planner Warren Frace, Assistant Planner Jamie Heltsley, and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. Acceptance of a Final Parcel Map for LLA 2000-0009/ATAL 00-126 6355-6455 Marchant Avenue (Gearhart/Wilson Land Survey) Staff recommends: The Planning Commission accepts Final Parcel Map ATAL 00-026. 2. Tree Removal Permit 2000-006 5502 Ensenada Avenue (Jackson) Staff recommends: 1. Approve the removal of the 52 -inch dbh-size (diameter at breast height) Coast Live Oak with mitigation and, City of Atascadero Planning Commission Minutes Regular Meeting October 17, 2000 Page 2 of 9 2. Deny the request to remove the 30 -inch dbh-size Black Walnut. 3. Tree Removal Permit 2000-007 3900 Traffic Way, "The Lakes" (Moresco) Staff recommends: 1. Approve the removal of the 72 -inch dbh-size (diameter at breast height) Coast Live Oak with mitigation. Commissioner Eddings requested that Item 2 be pulled from the Consent Calendar. Chairman Carden pulled Item 2. MOTION: By Commissioner Bentz and seconded by Commissioner Fonzi to approve the Consent Calendar with the exception of Item 2. AYES: Commissioner Bentz, Fonzi, Norton, Kelley, Eddings, Jeanes and Chairman Carden. NOES: None ABSTAIN: None Motion passed 7:0 by a roll -call vote. Commissioner Eddings requested that Item 2 be discussed in further detail. Assistant Planner Jamie Heltsley provided the staff report and answered questions of the Commission. Commissioner Eddings summarized the staff report by stating that if the zoning were single family instead of underdeveloped multi -family there would be no problem in removing the tree. Ms. Heltsley agreed. Commissioner Eddings feels that there is a safety issue with the tree that would present special circumstances, and warrant the removal of the tree. Assistant Planner Heltsley stated that an arborist was consulted to determine if a finding could be made that the tree is dead, diseased or injured beyond reclamation. The arborist was not comfortable with making such a finding. However, under Section 11.05, there is a finding that emergency situations that cause hazardous or dangerous conditions and have serious potential to cause immediate damage to persons or improvements on real property can be exempt from the tree ordinance. If the Commission feels that this is an emergency situation, the finding can be made and the tree can be exempt from the ordinance. City of Atascadero Planning Commission Minutes Regular Meeting October 17, 2000 Page 3 of 9 Commissioner Bentz inquired if it was possible to get a second opinion of the tree from another arborist. Ms. Heltsley stated that staff did not consult with an additional arborist, but the applicant has the ability to do so if he wishes. Commissioner Fonzi asked if the tree would be safe if severely pruned. Ms. Heltsley stated that was the recommendation from the arborist. This would impact the appearance but not the health of the tree. Commissioner Kelley inquired who would determine the safety factor in this issue. Ms. Heltsley stated that this was not written into the ordinance and the Commission could make that determination if it so desired. Commissioner Kelley felt that the tree was too close to the house for safety and that a severe pruning would ruin the appearance of the tree. Commissioner Fonzi asked what the fee to the applicant would be if the item were approved. Ms. Heltsley responded that the fee would be $1,000. Commissioner Kelley asked if a diseased tree, determined to be a safety hazard, would necessitate a fee for removal. Ms. Heltsey said that if it was determined to be a serious hazard it would be exempt from the ordinance and therefore exempt from the fees. PUBLIC COMMENT Mike Jackson, 5502 Ensenada Avenue, Atascadero, (owner of property), addressed the Commission. Mr. Jackson stated that trees heavily impact the property and there are several black walnuts. The problem of safety arises because when the walnuts drop; they become slippery and falling limbs have been damaging to cars and property. The walnut tree in question is not healthy and has not been for some time. Mr. Jackson made the point that in any other zone the tree could be removed. When he discovered that the Black Walnut was considered a native tree, Mr. Jackson took the time to come to the City and follow the proper procedure for removal of the tree. Commissioner Bentz asked the applicant to clarify his position on the payment of a fee for removal of the trees. Mr. Jackson stated that if he had to pay a fee he would not remove the trees. He would, however, trim the oak tree back 25%. He feels that the oak tree presents a danger to anyone who parks near it or walks under it because the interior of the tree has rotted and the limbs are hanging on the cambium layer on the outside, and he has no idea how good the root system is. Commissioner Norton asked whether trimming the tree back, though not aesthetically pleasing, would improve the hazard issue. Mr. Jackson said that it would, but next year when the walnuts drop again the same hazards would arise. Chairman Carden closed the Public Comment session. City of Atascadero Planning Commission Minutes Regular Meeting October 17, 2000 Page 4 of 9 Chairman Carden asked Assistant Planner Heltsley if the trees were found to be a hazard whether the fees as well as the ordinance could be waived. Ms. Heltsley stated that this was correct and that the arborist felt the Coast Live Oak tree was in poor condition and a hazard. Commissioner Fonzi asked the reason for the $866 fee. It was explained by Ms. Heltsley that the tree was on an underdeveloped multi -family lot, if it were on a single-family residential lot there would be no need for the applicant to go through this process. Commissioner Kelley felt that the Black Walnut tree fell under the hazard category as the limb hang directly over the home and that the applicant should be permitted to remove the tree with no mitigation fee, and as the Coast Live Oak is labeled as a hazard in the staff report, it also should be removed with no fee. Commissioner Eddings agreed with Commissioner Kelley and felt that the large limbs on the Black Oak present a hazard. Commissioner Jeanes felt that the tree ordinance law, though somewhat unfair as to tree removal and zoning, must nevertheless be adhered to forcing the Commission to declare the Black Walnut tree a hazard. She feels it is not and could not make that determination. Chairman Carden asked if the Commission has the authority to declare "large limb breakage" as an emergency hazard. Principal Planner Frace responded that the ordinance is not clear in terms of the exact process to define an emergency situation or hazard. Generally the Community Development Director takes those on a case-by-case basis. This case is more unusual in that it has made its way to the Planning Commission. In Mr. Frace's opinion, the Planning Commission has the authority to make that determination provided adequate information is given in the record to support the decision. Commissioner Bentz inquired if the Commission's decision was final. Ms. Heltsley responded that the applicant or a member of the public could appeal the decision to the City Council. Commissioner Kelley asked whether the arborist considered the Black Walnut Tree as an emergency hazard. Ms. Heltsley stated that he did not, that he felt a severe trim would reduce the potential for large limb breakage. Chairman Carden inquired whether this issue could be resolved at staff level if the applicant withdrew his request and obtained another arborist report that stated that there was a hazard. Ms. Heltsley said that this was possible if the Commission gave the recommendation to approve based on verification from an arborist that one of the five findings could be made. MOTION: By Chairman Carden and seconded by Commissioner Fonzi that the Coast Live Oak tree is found to be a hazard and therefore not subject to the tree ordinance. The permit to remove the Black Walnut is denied, but the applicant will be allowed to trim it as necessary. City of Atascadero Planning Commission Minutes Regular Meeting October 17, 2000 Page 5 of 9 AYES: Commissioner Fonzi, Bentz, Eddings, Kelley, Jeanes, Norton and Chairman Carden NOES: None ABSTAIN: None Motion passed 7:0 by a roll call vote. PUBLIC HEARINGS: 4. Conditional Use Permit 2000-0018: Atascadero Gazette 8784 Plata Lane (Atascadero Gazette/David Wevrich) The proposed project consists of a 1,700 square foot addition to an existing 8,876 square foot industrial building at 8784 Plata Lane. The proposed addition will create a building that exceeds 10,000 square feet thereby requiring a Conditional Use Permit. The project site has a General Plan designation of Service Commercial (SC) and a Zoning District of Commercial Service (CS) (APN 056- 051-046). The use is an allowed use in the CS District. Staff recommends: Adoption of Planning Commission Resolution Number 2000-053 thereby adopting the proposed Class I Categorical Exemption and approving Conditional Use Permit 2000-0018 subject to the findings, exhibits and conditions. Principal Planner Warren Frace provided the staff report and answered questions of the Commission. Commissioner Norton inquired if any hazardous materials will be kept on site. Mr. Frace was unaware of any but suggested that the question be directed to the applicant. PUBLIC COMMENT Todd Hanson, 8784 Plata, Atascadero, (home, 1561Union Road, Paso Robles), Chief Operating Officer of the Gazette, addressed the Commission. Mr. Hanson stated that this addition would allow them to move some of their newspaper storage during the busy day of Tuesday into the building, thus eliminating a parking problem on that day. Ron Godfrey, 8784 Plata, Atascadero, Production Director of the Gazette, stated that the space in the back of the building would be utilized to store newsprint. Sprinklers have been added to the existing part of the building and they will be extended into the new portion. There will be no hazardous materials stored at the site. City of Atascadero Planning Commission Minutes Regular Meeting October 17, 2000 Page 6 of 9 Commissioner Fonzi asked Mr. Hanson if there is a drainage problem in the area of the building. Mr. Hanson responded that the current concrete pad drains into the building, however, with the addition to the building the drainage problem would be eliminated. Commissioner Fonzi further inquired about the garage doors on the construction side of the building. Mr. Hanson explained that those doors are used for the forklifts and trucks. The garage door on the south side will be moved to the east side of the new addition. Chairman Carden closed the Public Comment session. MOTION: By Commissioner Bentz and seconded by Commissioner Eddings to adopt Planning Commission Resolution Number 2000-053 thereby adopting the proposed Class 1 Categorical Exemption and approving Conditional Use Permit 2000-0018 subject to the findings, exhibits and conditions. AYES: Commissioner Bentz, Eddings, Norton, Kelley, Jeanes, Fonzi and Chairman Carden. NOES: None ABSTAIN: None Motion passed 7:0 by a roll call vote. 5. Conditional Use Permit 2000-0017: Atascadero Mutual Water Company Water Treatment Facilities Salinas River Well Fields, 6575 Sycamore Road (AMWC/SDG Architects) The project consists of the construction of three separate 400 square foot buildings which will contain water treatment equipment for the Atascadero Mutual Water Company. The buildings are proposed to be constructed within existing Water Company well fields adjacent to the Salinas River. The project parcels have a General Plan Designation of Public (P) and a Zoning District of Public (P). The proposed use is considered a "utility facility" which is a conditionally allowed use within the P Zone. (6575 Sycamore Rd, APN 049-011- 003 & 028-111-003.) Staff recommends: Adoption of Planning Commission Resolution Number 2000-054 thereby adopting the proposed Negative Declaration and approving Conditional Use Permit 2000- 0017 subject to the findings, exhibits and conditions. Principal Planner Warren Frace provided the staff report and answered questions of the Commission. City of Atascadero Planning Commission Minutes Regular Meeting October 17, 2000 Page 7 of 9 PUBLIC COMMENT David Brannon, project architect, addressed the Commission, stating that the colors and materials to be used are consistent with other buildings already in use. Commissioner Kelley asked how far behind the rear property lines were buildings 4 and 5 and what their elevation would be. Ken Weathers, 14020 Morro Road, Atascadero stated that building 4 was approximately 40 feet behind the property line and is 8 feet lower. All three buildings were placed as they appear for hydraulic reasons while attempting to create the least impact on the neighborhood. Mr. Weathers then discussed the issue of sodium hydroxide and treatment of corrosive elements in the water. Commissioner Eddings asked if there was a history of vandalism for these structures. Mr. Weathers stated that there was a history of vandalism up to 8 years ago when they took specific steps to prevent it through the use of design features on the buildings intended to discourage vandalism. In the past seven years there have been only two serious incidents of vandalism, which were stopped by the distribution of reward flyers. Mr. Weathers made a presentation regarding the hazardous materials (sodium hydroxide) on site. Because of the highly corrosive nature of sodium hydroxide the buildings will be equipped with showers, protective clothing, neutralizing gas, etc. The buildings will be marked for hazard materials. Commissioner Eddings inquired if there were a monitored alarm system on the property. Mr. Weathers stated that they are acquiring a computer monitoring system. Commissioner Kelley asked if a vapor would be produced if a leak occurred in one of the tanks. Mr. Weathers indicated that there would not be a vapor as there is nothing at the facility for the material to react with. Commissioner Kelley expressed concerns with buildings 4 and 5 and their proximity to the Lakes subdivision and inquired if more security could be placed around the buildings. Mr. Weathers said that a chain link fence was considered and then eliminated due to its impact on the surrounding neighborhood. They feel the building itself and the features built into it are secure enough. The construction of the roof and doors and their security features were discussed. Commissioner Fonzi inquired about the possibility of a flood hazard for building 3 and what would happen to the chemicals within the building if a severe flood hit that area. Mr. Weathers stated that the tanks would be bolted to the floor and there should be no effect if it is just flood water which comes into the building. If the building collapsed then potentially the tanks could break free. However, floodwaters would effectively dilute the contents of the tanks. The buildings are tied together in such away that they will stay together under serious conditions. City of Atascadero Planning Commission Minutes Regular Meeting October 17, 2000 Page 8 of 9 Commissioner Fonzi inquired if there was the possibility of the sodium hydroxide leaking into the water supply in the case of a flood or earthquake. Mr. Weathers stated that there is a sophisticated system for monitoring the flow of the water and prohibits the over injection of chemicals into the water system. Commissioner Fonzi asked about the route trucks would take when delivering sodium hydroxide to the facility. Mr. Weathers explained the access to the facilities. Ann Catcherside, Atascadero, expressed her concern regarding stories about chemicals in Atascadero Creek. Chairman Carden closed the Public Comment session. Commissioner Fonzi asked whether it was necessary to consider the issue of additional fencing. Commissioner Kelley felt that the design of the building is sufficient and he sees no need for fencing. MOTION: By Commissioner Eddings and seconded by Commissioner Fonzi to adopt Planning Commission Resolution Number 2000-054 thereby adopting the proposed Negative Declaration and approving Conditional Use Permit 2000-0017 subject to the findings, exhibits and conditions. AYES: Commissioner Eddings, Fonzi, Kelley, Norton, Bentz, Jeanes and Chairman Carden. NOES: None ABSTAIN: None Motion passed 7:0 by a roll call vote. COMMUNITY DEVELOPMENT STAFF REPORTS There were no staff reports. COMMISSIONER COMMENTS & REPORTS Commissioner Kelley commented on the new Highway 41 alignment and the subsequent increase in traffic and inquired whether there is someone looking into the traffic problem. Principal Planner Frace responded that the City and Cal Trans are aware of the problem. The project as it stands now is considered an intermediate step. Cal Trans is working on a redesign of the on and off ramps in the area of Highway 101 and Morro Road. Cal Trans will be holding an open house for the community to look at some of the alternate City of Atascadero Planning Commission Minutes Regular Meeting October 17, 2000 Page 9 of 9 designs for that interchange. The Commission will be informed when a date for the meeting is selected. Chairman Carden asked if the City is still in line for STIP funds through COG for the interchange realignment. Mr. Frace stated that he does not believe any funding opportunities have been missed; it is a matter of coming up with the correct design to spend the money on. Commissioner Norton inquired whether the call for applications for the Main Street Director has gone out yet. Ms. Heltsley stated that applications have not gone out yet. They are getting together a list of organizations and individuals who will be invited to a town hall meeting to discuss how to form a board of directors. Once there is a board of directors in place they will hire the Main Street Director. At this time there is no date on the open house. �L111J 7�1►% I III,Y� Chairman Carden adjourned the meeting at 8:25 p.m. to the next scheduled meeting on Tuesday, November 7, 2000. MEETING RECORDED BY AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary