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HomeMy WebLinkAbout PC Minutes 12-05-00CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting December 5, 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, Eddings, Kelley, Jeanes, Fonzi and Norton. Absent: Commissioner Bentz Staff: Principal Planner Warren Frace, Associate Planner Jamie Heltsley, Assistant Planner Phil Dunsmore, Associate Engineer Patsy West and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF NOVEMBER 21, 2000. 2. CONFORMITY DETERMINATION: ARCHITECTURAL ELEVATIONS AND FLOOR PLANS FOR MASTER PLAN OF DEVELOPMENT RMF- 4/PD-6 [CUP 89-009: CHALK MOUNTAIN VILLAGE] (JM DEVELOPMENT The applicant has updated and refined the elevations and floor plans for the 72 single family residential tract that were approved as part of the Master Plan of Development for Planned Development 6 in 1989. Staff is requesting an advisement that the Community Development Director approve the revised elevations and floor plans as substantially conforming with the original intent of PD -6. City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 2 of 11 Staff Recommends: The Planning Commission advise the Community Development Director that the attached architectural elevations and floor plans (Attachments 3-13) substantially conform with the original intent of PD -6. 3. TIME EXTENSION REQUEST: TENTATIVE TRACT MAP 96-002,1950 TRAFFIC WAY (BARRET) A request for a one-year time extension for an approved Tentative Tract map in the Residential Suburban (RS) Zoning District. Staff Recommends: Adopt Resolution No. PC 2000-062, thereby granting a one-year extension for TTM 96-002 based on finding the time extension consistent with the subdivision regulations, the Subdivision Map Act, and the General Plan. 4. TREE REMOVAL PERMIT 2000-0010: 13550 PALO VERDE ROAD (MILLIGAN) Request to remove nine native oak trees in conjunction with the proposed construction of a new single family residence and driveway at 13550 Palo Verde Road. Six of the nine trees proposed for removal are dead as a result of a wildfire several years ago. Staff Recommends: The Planning Commission approves the removal of the nine native oak trees subject to the mitigation as required by the Atascadero Native Tree Ordinance and specified within the project conditions. Commissioner Fonzi requested that Items 1 and 4 be pulled from the Consent Calendar. Specifically on Item 1, Minutes of the Regular Planning Commission Meeting of November 21, 2000, Commissioner Fonzi, stated that on page five she did not make the Motion as indicated in the Minutes. Commissioner Jeanes indicated that she had made the motion. Chairman Carden requested that the Minutes be amended to indicate that Commissioner Jeanes had made the Motion on page 5. MOTION: By Commissioner Eddings and seconded by Commissioner Fonzi to approve items 1 as amended, 2 and 3. AYES: Commissioners Eddings, Fonzi, Norton, Kelley, Jeanes and Chairman Carden. NOES: None City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 3 of 11 ABSTAIN: None Motion passed 6:0 by a roll call vote. Chairman Carden requested a staff report of Item 4. Assistant Planner Phil Dunsmore provided the staff report and answered questions of the Commission. Commissioner Fonzi questioned the fees charged for removal of the dead trees. Commissioner Fonzi felt that the trees had been burnt in a fire and through no fault of the owner of the property. The owner was actually removing a safety hazard at his own expense, which she sees as a benefit to the City and, therefore, questions the necessity for the applicant to pay this amount of money into the Tree Fund. Mr. Dunsmore stated that the Tree Ordinance currently does not have a provision for removal of dead trees without the mitigation. He explained that the Tree Ordinance places a value on dead trees as a habitat in the environment for animals and protection for fledgling trees. Commissioner Fonzi asked if the fees could be waived. Mr. Dunsmore stated the under the Tree Ordinance the fees could not be waived. Chairman Carden inquired if the Tree Ordinance specifically addressed dead trees. Mr. Dunsmore stated that it does. Commissioner Kelley asked if the fee could be adjusted. Mr. Dunsmore indicated that the fee is set, however there are alternatives such as tree conservation easements, mitigation funds, or replanting. He had explored all these options with the applicant who preferred the options as presented in Item 4. Commissioner Fonzi suggested that the Tree Ordinance be revisited at a later date. Until that time, she inquired if the ratio of trees planted for trees removed could be amended. Mr. Dunsmore stated that it was his opinion that the Tree Ordinance did not offer that option at this time. However, staff can look at the Tree Ordinance in the future and suggest other modifications of mitigation for dead trees. Chairman Carden asked if it would be possible to bring back only this one section of the Tree Ordinance. Principal Planner Frace stated that the fees and mitigation are contained in a companion resolution, which could be brought back for the Commission to make a recommendation to the Council to adjust the fee structure. Chairman Carden recommended that this action be taken. MOTION: By Commissioner Fonzi and seconded by Commissioner Eddings to approve Tree Removal Permit 2000-0010 at 13550 Palo Verde Road. AYES: Commissioner Fonzi, Eddings, Kelley, Jeanes, Norton and Chairman Carden City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 4 of 11 NOES: None ABSTAIN: None Motion passed 6:0 by a roll call vote. PUBLIC HEARINGS 5. TENTATIVE PARCEL MAP 2000-0005: 8330 SANTA ROSA RD. 2 -LOT (PRESTININZI / SARDISCO) An application for a tentative parcel map subdividing one 3.75± acre lot into two parcels of 2.19± and 1.56± acres. There are currently two structures on the existing lot and the subdivision will separate the improvements into individual lots. The subdivision will not increase the overall density of the site and will continue to use the existing access drive. The parcels are currently served by on- site sewer system, but will be required to hook into the city sewer system. Project Site: 8330 Santa Road Road, Atascadero, CA; APN 056-261-004; General Plan Designation: Low Density Single Family; Zoning District: Residential Single Family, minimum lot size 1 %2 -2 %2 acres (RSF-Z). PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED MITIGATED NEGATIVE DECLARATION 2000-039: The initial study has determined that the proposed project will not have a significant adverse impact on the environment when developed according to mitigation measures. A proposed Mitigated Negative Declaration of environmental impact has therefore been prepared for the project in conformance with the California Environmental Quality Act (CEQA). Staff Recommends: The Planning Commission adopt Resolution No. PC 2000-061, certifying the proposed Mitigated Negative Declaration 2000-039 and approving Tentative Parcel Map 2000-0005, a request to subdivide a 3.75 acre residential lot into two parcels, 2.19 acres and 1.56 acres in size, based on findings and subject to conditions. Associate Planner Jamie Heltsley provided the staff report and answered questions of the Commission. Commissioner Eddings requested the Ms. Heltsley trace the boundaries of the 100 -year flood plan on the map. Ms. Heltsley indicated the boundaries on the map. Commissioner Eddings asked if that area would be appropriate for a small building. Ms. Heltsley stated that anything that required a building permit would be required to be constructed at least one foot above the 100 -year flood line and that could require additional fill material which could alter the existing drainage. City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 5 of 11 Chairman Carden questioned if the zoning ordinances or codes disallowed building in the 100 -year flood plain. Ms. Heltsley stated that to her knowledge there was nothing that would disallow building, however, there are UBC requirements that must be met. Commissioner Kelley referred to the driveway requirement being set at 20 feet in width. He has been to the site and feels that the driveway should be required to be only 18 feet wide, which he feels would be more than adequate to provide access for fire equipment, etc. Commissioner Norton asked if there would be adequate setbacks once the property was split and fencing installed. Ms. Heltsley stated that there would be. Chairman Carden inquired how the 100 -year flood zone had been determined. Ms. Heltsley responded that the applicant's surveyor had provided it. PUBLIC COMMENT Larry Prestininzi, PO Box 715, Templeton, applicant, stated that he did not understand all that was transpiring with the Commission. He stated he would like to split the property, however, if it will involve a great expenditure of money, he will not do it. Specifically, he cannot afford the improvements required to tie into the sewer, and provide a road. He also feels that a 12 to 18 foot road is sufficient. The septic system is in good condition and he was not aware when he purchased the property in June 2000 that he would be required to tie into the sewer system. Mr. Prestininzi inquired whether he would have to hook up to the sewer even if the property split did not go through. Chairman Carden indicated that he would, and stated that this should have been disclosed upon purchase of the property. The applicant asked what type of road would be required. Ms. Heltsley stated that it must be asphalt or concrete. Chairman Carden closed the Public Comment session. Chairman Carden agreed with Commissioner Kelley that an 18 -foot drive would be sufficient. Additionally he felt that as the City has no rules in place regarding building in a 100 -year flood zone, the condition should be removed. Commissioner Kelley asked whether one could build in a 100 -year flood plain if the elevation of the property were raised. Ms. Heltsley stated one could. Principal Planner Frace stated that even if the entire property were filled to raise it out of the 100 -year flood plain, the water would still be there, which would impact other properties in the area. Commissioner Kelley felt that certain types of construction would not impact the drainage, and the applicant should have the ability to submit any type of building he wishes and then the staff would have the opportunity to approve or deny the request. City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 6 of 11 Commissioner Jeanes felt that these issues would be moot if the applicant decides he will not go forward with the project. She is not sure that the applicant realizes that he has the option to withdraw the application from consideration by the Commission. (Mr. Prestininzi returned to the podium) Mr. Prestininzi indicated that he would like to postpone consideration of his application until he has an opportunity to consult with his engineer. Ms. Heltsley stated that the item could be brought back to the Commission at a later date if the applicant wishes to reschedule. Chairman Carden stated for the record that the applicant has requested a continuation of the item with a future hearing date to be scheduled. Commissioner Jeanes inquired of the staff whether the applicant is provided with all necessary information regarding his application. Ms. Heltsley indicated that the applicant as well as his agent was provided through the U.S. mail with all information and the staff report prior to this evening's meeting. Commissioner Eddings asked whether, if the Commission had approved the application as it was, and an applicant had calculations from an engineer to show that he is grading a slight retention pond area to compensate for the lost area, would he be automatically rejected because this is a set-aside easement, or would he be allowed to go forward. Patsy West, Associate Engineer, City of Atascadero, responded by stating that FEMA maps and regulations indicate that the existing elevation of the 100 -year water line cannot be raised more than one foot over any cross-sectional area of the actual stream. Chairman Carden clarified the question by asking staff if the Commission had approved this condition, would that have prevented any further application from making it beyond a denial at the desk because there is a condition on this subdivision that states that line will be drawn and there will be no building in that zone. Mr. Frace stated that if the Commission applies the easement that says this area is set aside for flood protection, no building would be permitted within it. If the Commission did not adopt the easement at this time the applicant would still have to comply with whatever codes are applicable to show that they are not raising the flood plain as described by Ms. West. Commissioner Kelley asked what avenue a property buyer would use to find out about issues such as the sewer connection. Ms. Heltsley responded that the applicant could have come in prior to purchasing the property and questioned city staff as to requirements for splitting the property. Chairman Carden stated that the applicant will be notified by the staff of any rescheduled hearing dates, and that he could go in at any time to discuss his issues with the planning staff. Additionally, Ms. Heltsley indicated that staff could send the applicant a copy of the Minutes once the Commission has certified them. Chairman Carden continued this item to a future meeting date to be scheduled. City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 7 of 11 6. AMENDMENT OF CONDITIONAL USE PERMIT 99-010: SANTA ANA CELL TOWER (VERIZON WIRELESS) An application for a reconsideration of a Conditional Use Permit in order to allow the installation of panel antennas onto an existing cell tower monopole. The project will replace the three existing ten -foot tall whip antennas with three sectors of panel antennas. The modifications will reduce the overall height of the structure by approximately ten feet. No additional site or facility changes are currently proposed. Project Site: 13655 Santa Ana Road, Atascadero, CA; APN 050-173-021; General Plan Designation: Suburban Single Family; Zoning District: Residential Suburban (RS). PROPOSED ENVIRONMENTAL DETERMINATION: CATEGORICAL EXEMPTION CLASS 1: The project is consistent with Class 1 Categorical Exemption per section 15301 of the CEQA Guidelines. The Class 1 exemption pertains to the operation of existing structures and facilities involving negligible or no expansion of the existing use. Staff Recommends: The Planning Commission adopt Resolution No. PC 2000-064, thereby finding that the project is exempt from CEQA under Class I Categorical Exemptions (minor additions to existing facilities); and, approving the reconsideration of Conditional Use Permit 99-010, based on findings and subject to conditions. Assistant Planner Phil Dunsmore provided the staff report and answered questions of the Commission. Commissioner Norton requested a clarification on the size of the triangular unit shown on page 66 of the staff report. She feels that the placement of the triangular unit may provide an eyesore. Mr. Dunsmore explained that the view pictured in the staff report is from directly above the tower, and the appearance of the new unit will be similar to what is currently in place. Commissioner Fonzi asked if there were something wrong with the existing antennas, and if the new antennas were made out of a reflective material that would be visible from a distance. Mr. Dunsmore referred the first question to the applicant and stated that he did not believe there were any reflective materials used. Commissioner Kelley inquired as to the height of the panels. Mr. Dunsmore responded that the height is approximately 4 feet. Commissioner Kelley further asked if the people living in the home shown on page 65 near the water tank were notified of the change and whether there was any comment from them. Mr. Dunsmore indicated that there were no comments on this application from the people living directly below and that they had been notified of this change. City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 8 of 11 PUBLIC COMMENTS Ron James of General Dynamics (site acquisition and permit consultants for Verizon Wireless) addressed the commission. They have reviewed the staff report and draft resolution and agree to all conditions listed. In answer to the question regarding reflective material he stated that the panel antennas would be painted the same flat white color as the existing facility. Regarding the replacement of existing antennas, Mr. James indicated that the panel antennas would improve the performance of the site and add to the capacity of the site. John Thornton who oversees all radio engineering for Verizon in the central coast area, addressed the Commission. The usage on the cellular network in the entire central coast had increased tremendously in the past year or two. This site is one of the original Verizon Wireless sites on the central coast. The antennas as they currently exist send a signal in a 360 -degree radius, but as more sites are built there is a need to increase capacity so the panel antennas are installed to provide a directional signal. Chairman Carden closed the Public Comment session. MOTION: By Commissioner Eddings and seconded by Commissioner Norton to adopt Resolution No. PC 2000-064, thereby finding that the project is exempt from CEQA under Class 1 Categorical Exemptions (minor additions to existing facilities); and, approving the reconsideration of Conditional Use Permit 99-010, based on findings and subject to conditions. AYES: Commissioners Eddings, Norton, Kelley, Jeanes, Fonzi and Chairman Carden. NOES: None ABSTAIN: None Motion passed 6:0 by a roll call vote. 7. AMENDMENT OF CONDITIONAL USE PERMIT 99-011: AMENDMENT OF MASTER PLAN OF DEVELOPMENT CPK / PD -9 PHASE 1 OF THE HOME DEPOT SHOPPING CENTER The project consists of amending the Phase 1 portion (east of El Camino Real) of the 8/3/99 Master Plan of Development. The proposed amendment will replace a drive-through fast food restaurant with a retail commercial building, approve architectural elevations of the building and a site landscape plan. Applicant: Westar Associates. Location: 900 Block El Camino Real (APN 049-045- 002,003). General Plan CPK, Zoning: CPK / PD -9. PROPOSED ENVIRONMENTAL DETERMINATION: MITIGATED NEGATIVE DECLARATION: A Mitigated Negative Declaration was certified by the Planning Commission on March 16, 1999, for the overall Master Plan of City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 9 of 11 Development. Staff is recommending that the Commission find the Phase 1 amendment to be consistent with the original environmental determination. Staff Recommends: The Planning Commission adopt Resolution 2000-063, thereby re -certifying 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. Commissioner Eddings inquired whether this building would be partitioned into smaller units and if there was a restriction on the units being used as eating -places. Mr. Frace answered that the way it is shown at this time would indicate that the building could be divided into four smaller leased spaces. The units can be used for either retail or eating establishments as long as the requirement for parking spaces are met. Commissioner Fonzi asked to be shown where the storage and trash enclosures would be placed. Mr. Frace indicated the locations on the site plan. Commissioner Fonzi expressed concern, as this was to be a mattress store, that used mattresses might be left in plain sight behind the buildings. Mr. Frace stated that the requirement would be that all storage associated with the use would have to be inside. Commissioner Norton inquired if additional signage will be utilized. Mr. Frace stated that a Master Sign Program was adopted for the entire center. One provision of this program calls for smaller street -oriented monument signs, and one could be associated with this project. It would be consistent with existing standards along El Camino Real— a maximum of 10 feet in height and 60 square feet in area. PUBLIC COMMENT Peter Koetting, Westar Associates, addressed the Commission. Regarding the staff report, there were several questions he wished to bring up, but in answer to the question posed by Commissioner Fonzi regarding the storage issue, Mr. Koetting assured the Commission that outside storage will not be permitted on this project. The building is designed to be ultimately split up if needed. Currently the entire building is leased to one tenant selling mattresses and furniture. The questions he has are as follows: 1. Item 7, regarding theme lighting, the applicant requested to be shown where the lighting would go. Upon being shown he indicated that this would not be a problem. 2. Item 15: Is this a reiteration of the landscape maintenance agreement with the City? Mr. Frace indicated that it was. 3. Item 16: Are mail receptacles necessary for a single use tenant? Mr. Frace stated that the requirement is that the applicant provides postal receptacles to the needs of the City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 10 of 11 Post Office. If the Post Office does not need a multi -use box, then the applicant does not need to provide it. 4. Item 39: Does the applicant need to file a reimbursement agreement? Mr. Frace indicated that this is associated with the overall standard conditions on the project and is nothing new. Chairman Carden closed the Public Comment session. MOTION: By Commissioner Kelley and seconded by Commissioner Jeanes to adopt Resolution 2000-063, thereby re -certifying 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. AYES: Commissioners Kelley, Jeanes, Norton, Eddings, Fonzi and Chairman Carden. NOES: None ABSTAIN: None Motion passed 6:0 by a roll call vote. COMMUNITY DEVELOPMENT STAFF REPORTS Principal Planner Frace welcomed Patsy West who will be assisting City Engineer Steve Kahn with in-house review and checking of plans. In the past this was referred out on a contract basis, so having Ms. West on staff will allow the Department to be more responsive with new projects. Associate Planner Heltsley reminded the Commission that there would be a public workshop on the formation of the board of directors for the Main Street Program this Saturday at 9:00 a.m. COMMISSIONER COMMENTS & REPORTS Commissioner Eddings referred to the Prestininzi project and stated that he felt given all of the conditions as set forth in the Draft Resolution this would be a money-losing proposition for the applicant. He would like some of the conditions to be looked at again given past projects that were approved with road bases of materials other than asphalt or concrete. Ms. Heltsley stated that the subdivision ordinance allows the Planning Commission the option of modifying that requirement. City of Atascadero Planning Commission Minutes Regular Meeting December 5, 2000 Page 11 of 11 Chairman Carden, regarding sewer hook-up made the comment that in this instance, that house and the houses in that area were not required to be on sewer. The City Council stated that if a new property were not required to be on the sewer by a "cease and desist" or if another project brings sewer by a home, the current property owners do not need to tie-in, but when the property changes ownership, the sewer tie in requirement kicks in. Commissioner Eddings inquired whether the sewer tie-in fees could be paid over a number of years. Ms. Heltsley stated that she would check with the Public Works Department and follow up with answers when the Commission revisits this item. Commissioner Kelley reiterated his request that the phone numbers of applicants be included with the staff report. Commissioner Fonzi asked, regarding the Prestininzi project, if there were an assessment district in that location. Mr. Frace stated they would research that issue. Commissioner Jeanes requested that someone from the Planning Department call the applicant and insure that he fully understands the conditions before he comes back to the Commission. Ms. Heltsley indicated that she would contact him. ADJOURNMENT: Chairman Carden adjourned the meeting at 8:15 p.m. to the next scheduled meeting on Tuesday, December 19, 2000. MEETING RECORDED BY AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Network/CityhatUcdvlpmnt/PC Minutes/PC Minutes 00/PC Minutes 12-05-00.gp.doc