HomeMy WebLinkAboutPC Minutes 02-20-01CITY OFATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
February 20, 2001 — 7:00 P.M.
CALL TO ORDER
Vice Chairman Eddings called the meeting to order at 7:03 p.m. and Commissioner Fonzi led the
Pledge of Allegiance.
PLANNING COMMISSION BUSINESS
A. Administration of Oath of Office
City Clerk Marcia McClure Torgerson administered the Oath of Office to New Planning
Commission Member Kevin Blaser and reappointed Members Jeanes and Norton.
ROLL CALL:
Present: Commissioners Eddings, Bentz, Fonzi Jeanes, Kelley, Norton and Blaser
Absent: None
Staff: Interim Community and Economic Development Director Warren Frace,
Assistant Planner Phil Dunsmore, Associate Engineer Patsy West, City Attorney
Ron Hanley and Recording Secretary Grace Pucci.
B. Election of New Chair and Vice -Chair
Commissioner Kelley nominated Vice Chairman Royce Eddings to the position of Planning
Commission Chairman, Commissioner Bentz seconded the nomination.
AYES: Bentz, Fonzi, Jeanes, Kelley, Norton, Eddings, Blaser.
NOES: None
ABSTAIN: None
Nomination passed 7.0 by a roll -call vote.
Vice Chairman Eddings nominated Commissioner Kim Jeanes to the position of Planning
Commission Vice Chairman, Commissioner Kelley seconded the nomination.
City of Atascadero Planning Commission Minutes Regular Meeting February 20, 2001
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AYES: Commissioners Kelley, Norton, Bentz, Fonzi, Jeanes, Blaser and Chairman
Eddings.
NOES: None
ABSTAIN: None
Nomination passed 7:0 by a Noll -call vote.
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING OF FEBRUARY 6, 2001.
2. TREE REMOVAL PERMIT 2001-0011: 10680 SANTA ANA ROAD (PETERSON)
Staff Recommends:
The Planning Commission approves the removal of the four native oak trees, in
conjunction with Precise Plan 2000-024, subject to the mitigation as required by the
Atascadero Native Tree Ordinance and specified within the project conditions.
3. APPROVAL OF FINAL MAP LLA 2000-0013: 7030 SANTA YNEZ AVENUE
ATAL 00-0163
Final map recording a lot line adjustment for the equal exchange of property between 2
lots of record.
Staff Recommends:
The Planning Commission accept Final Map ATAL 00-0163, thereby recording Lot Line
Adjustment 2000-0013.
PUBLIC COMMENT
Joan O'Keefe, 9985 Old Morro Road East, addressed Item 2 of the Consent Calendar and
questioned if there was an arborist who had drawn up a tree protection plan for the site. She
inquired what trees would be impacted and what steps taken to protect them during construction.
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Chairman Eddings closed Public Comment
Chairman Eddings pulled Item 2. from the Consent Calendar.
Commissioner Norton requested that Item 3. be pulled from the Consent Calendar.
MOTION: By Vice Chairman Jeanes and seconded by Commissioner Norton to approve
Item #1 on the Consent Calendar.
AYES: Commissioners, Jeanes, Norton, Fonzi, Bentz, Kelley and Chairman Eddings
NOES: None
ABSTAIN: Commissioner Blaser
Motion passed 6:0 by a roll -call vote. Commissioner Blaser abstained.
Assistant Planner Phil Dunsmore provided the staff report on Consent Calendar item #2 and
answered questions of the Commission.
MOTION: By Commissioner Fonzi and seconded by Vice Chairman Jeanes to approve tree
removal permit TRP 2001-0011 with conditions as stated in the report.
AYES: Commissioners, Fonzi, Jeanes, Norton, Blaser, Bentz, Kelley and Chairman
Eddings
NOES: None
ABSTAIN: None
Motion passed 7:0 by a roll -call vote.
Interim Community and Economic Development Director Warren Frace provided the staff report
on Consent Calendar item #3 and answered questions of the Commission.
Commissioner Norton inquired whether by making this adjustment the lot will become
unbuildable and if there are minimum standards for buildable lots. Mr. Frace stated that the
rectangle configuration would be more buildable. Under the current general plan and zoning
ordinance there is no minimum building size required to build a house.
MOTION: By Commissioner Bentz and seconded by Chairman Eddings to accept Final
Parcel Map ATAL 00-0163.
AYES: Commissioners Bentz, Blaser, Kelley, Fonzi, Jeanes and Chairman Eddings.
NOES: Commissioner Norton
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ABSTAIN: None
Motion passed 6:1 by a roll -call vote.
PUBLIC HEARINGS
4. PROJECT DESCRIPTION: TENTATIVE PARCEL MAP 1999-015:13670 PALO
VERDE ROAD.
A residential subdivision of a 22.8 acre parcel into two lots of 8.1 and 14.7 acres each.
The site is currently vacant with proposed access through Summit Hills Estates via Palo
Verde Road. General Plan Designation: Suburban Single Family; Zoning District:
Residential Suburban with a minimum lot size of 7.06 acres based on performance
standards. Site Address: 13670 Palo Verde Road, Atascadero, CA 93422, APN 055-361-
013, Applicant: Ken & Nancy Klaren.
PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED MITIGATED
NEGATIVE DECLARATION 2001-004: The Initial Study has determined that the
proposed project will not have a significant adverse impact on the environment when
mitigation measures are incorporated into the project. A proposed Mitigated Negative
Declaration of environmental impact has therefore been prepared for the project in
conformance with the California Environmental Quality Act (CEQA). The Proposed
Mitigated Negative Declaration is available for public review through February 20, 2001
at 6500 Palma Avenue, Community Development Department, Room 104-A, from 8:00
a.m. to 5:00 p.m., Monday through Friday.
Staff Recommends:
The Planning Commission adopt Resolution No. PC 2001-004, certifying the proposed
Mitigated Negative Declaration 2000-004 and approving Tentative Parcel Map 1999-
015, a request to subdivide a 22.8 acre lot into two parcels, based on findings and subject
to conditions as attached.
Assistant Planner Phil Dunsmore provided the staff report and answered questions of the
Commission.
Vice Chairman Jeanes questioned what public benefit could be derived, as the undevelopable
areas would not need an easement. Mr. Dunsmore indicated that the owners could develop
accessory structures, driveways or other improvements to the site.
Chairman Eddings also raised the question of public/city benefit and felt the site was not
practical.
Commissioner Kelley felt any access onto Palo Verde Road off of Morro Road is precarious
especially for emergency vehicles.
City of Atascadero Planning Commission Minutes Regular Meeting February 20, 2001
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Commissioner Norton expressed concern regarding slippage in the area.
Commissioner Fonzi questioned access to the parcels and inquired if the Summit Hills residents
have given permission for right of way.
PUBLIC COMMENT
John Faulkenstein, Cannon Associates, representing Mr. Klaren, addressed the Commission
regarding the subdivision and answered their questions.
Commissioner Kelley asked what the impact would be if there were a level pad on the site. Mr.
Faulkenstein stated that there is no proposal to put in a pad.
Commissioner Fonzi asked how the applicant plans to mitigate the view shed removal that would
result from the grading for the access road. Mr. Faulkenstein explained that some trees would be
removed and retaining walls would be constructed.
Commissioner Kelley inquired about water runoff from the access driveway to the houses below.
Mr. Faulkenstein said that there would be no problem, as they would develop ways to control
runoff.
Terry Prince, 13412 Old Morro Road, expressed concern regarding maintenance of the roads in
the area and asked who would own the easement to the property.
Tony Merrill, 13755 Old Morro Road, is worried about landslides in the area.
Kitty Crockett, 13785 Palo Verde Road, is opposed to the grading that will be required and the
size of the retaining walls. She inquired if the proposal had been reviewed by the Fire
Department. Ms. Crockett read from a prepared statement. (Attachment # 1)
Dave Crockett, 13785 Palo Verde Road, stated that it was he who had granted Mr. Klaren
easement over the private easement road. He spoke about his concerns with security in the area
and fire access.
Jeff Richardson, President of Summit Hills Homeowners Association, said that while the
Association does not particularly object to the development of the Klaren lot, there were several
issues that they were concerned with, including the roads and security gates which the residents
maintain and insuring these against liability. Additionally they would like to retain control over
the CC&R's for this property.
Joan O'Keefe, 9985 Old Morro Road East, reminded the Commissioners that subdivision was a
discretionary act and need not be approved by the Commission. Ms. O'Keefe read from a
prepared statement. (Attachment # 2)
Donald Gates, 13598 Rainbows End, expressed concern with security issues for this site and
asked about traffic impacts from the subdivision.
City of Atascadero Planning Commission Minutes Regular Meeting February 20, 2001
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Chairman Eddings closed Public Comment.
Commissioner Kelley felt this project presents too much impact and sees nothing beneficial from
it.
Chairman Eddings agreed with Commissioner Kelley, and could not approve findings 2 through
6.
Commissioner Norton requested that if the project comes before the Commission again there be
better environmental impact information included.
Commissioner Fonzi felt the subdivision was not viable and feels more information is needed.
MOTION: By Chairman Eddings and seconded by Commissioner Kelley to deny tentative
parcel map 1999-015: 13670 Palo Verde Road on the basis of Findings 1 through
5 as shown below, and this parcels lack of suitability for development.
1. The design and improvement of the proposed subdivision is not consistent with
the General Plan and applicable zoning requirement.
2. The site is not physically suitable for the type of development proposed.
3. The site is not physically suitable for the density of development proposed.
4. The design and improvement of the proposed subdivision will cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife
or their habitat.
5. The subdivision is not consistent with the character of the immediate
neighborhood.
AYES: Commissioners Kelley, Blaser, Norton, Bentz, Fonzi, Jeanes and
Chairman Eddings
NOES: None
ABSTAIN: None
Motion passed 7.-0 by a roll -call vote.
5. PROJECT DESCRIPTION: ZONE CHANGE 2000-007. CITYWIDE: CODE
TEXT AMENDMENT OF SEXUALLY ORIENTED BUSINESSES
REGULATIONS. The proposed project consists of a number of amendments to
different sections of the zoning ordinance related to the regulation of sexually oriented
businesses. The Commission will make a recommendation on a draft ordinance for the
City Council. The amendments will apply to all zoning districts Citywide. The project is
City initiated.
PROPOSED ENVIRONMENTAL DETERMINATION: GENERAL RULE
EXEMPTION SECTION 15061 (B)(3): Staff is recommending that the Planning
City of Atascadero Planning Commission Minutes Regular Meeting February 20, 2001
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Commission find that the project has no possibility of having a significant impact on the
environment and is therefore not subject to the California Environmental Quality Act.
Staff Recommends:
That the Planning Commission review and make recommendations to the City Council on
proposed changes to the Atascadero Municipal Code. The proposed changes that the
Planning Commission is requested to review relate to location restrictions, and not to
regulatory provisions.
City Attorney Roy Hanley provided the staff report and answered questions of the Commission.
Commissioner Norton asked about the effect on properties in the zones where these businesses
would be permitted and whether property owners or their tenants would have any recourse. Mr.
Hanley explained that this would depend on their lease rights.
Commissioner Bentz inquired what rights a current commercial business property owner has in
selecting his tenants. Mr. Hanley stated that they would not have to rent to anyone they did not
wish to.
Vice Chairman Jeanes referred to the Supreme Court ruling setting aside 5% geographical area
for commercial use and inquired what would be considered a reasonable percentage for
Atascadero. Mr. Hanley indicated that there is not rule to point to, however the staff is
comfortable recommending the 1,000 foot buffer zone.
PUBLIC COMMENT
Raymond Jansen, 6655 Country Club Drive, feels that due to the moral issue there is no proper
location for this type of business in the City.
John Bradley, 4475 San Jacinto Road, feels that these types of businesses endanger all residents
within the City and he encouraged the Commission to think carefully about the map especially
along Traffic Way where many children walk on their way to school.
Rusty Rich, 10518 Cuesta Court, stated that the current ordinance is good and asked for
clarification on the 5% area for location of these businesses.
Regina Foster, Paso Robles, expressed concern regarding these types of businesses and feels that
the buffer zone should be at least 5,000 feet.
John Bradley, 4475 San Jacinto, asked what the chances were of the one business in this
category, which is currently operating in the city, moving in April when the five years are up.
Chairman Eddings closed Public Comment.
Vice Chairman Jeanes addressed several issues raised by the public.
City of Atascadero Planning Commission Minutes Regular Meeting February 20, 2001
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Commissioner Fonzi suggested that the redevelopment zone be considered as a possible buffer
zone. Additionally, she felt that areas where people go for necessities should be considered for
buffer zones.
Commissioner Norton would like to see the map published so the public and businesses can have
access to it.
Commissioner Bentz stated that it is important for the community to set reasonable standards
without violating court decisions.
Chairman Eddings felt that the more restrictive they make the ordinance the more they run the
risk that it would be tossed allowing these businesses to locate anywhere they want.
The Commissioners discussed recommendations for specific use restrictions (i.e. day care
facilities, etc.).
MOTION: By Vice Chairman Jeanes and seconded by Commissioner Kelley to adopt
Resolution PC 2001-009 and recommend to the City Council the 1,000 foot buffer
zone map as presented by City staff and ask the Council to take into consideration
any other possible sensitive areas that may have been overlooked, and to consider
the redevelopment zone for possible buffer zones as well.
AYES: Commissioners Jeanes, Kelley, Fonzi, Norton, Blaser, Bentz and Chairman
Eddings
NOES: None
ABSTAIN: None
Motion passed 7:0 by a roll -call vote.
6. PROJECT DESCRIPTION: ZONE CHANGE 2000-009, CONDITIONAL USE
PERMIT 2000-0025, TENTATIVE TRACT MAP 2000-004: EAGLE CREEK
GOLF COURSE PLANNED DEVELOPMENT AMENDMENT AND 4 -LOT
TRACT MAP.
The proposed project consists of a Zone Change (ZCH 2000-0009) of 6.1± acres from L /
PD -8 (FH) (Recreation), to LS / PD -8 (FH) (Special Recreation), amendment of the
Master Plan of Development for Planned Development #8 to replace a golf course
driving range with four single-family residences, and tract map to subdivide 6.1± acres
into four (4) lots ranging in area from 1.5± to 1.6± acres. The proposed project is located
within the 100 -year flood plain. The project area has a General Plan Designation of REC
and a Zoning District of L (Recreation). The project is located at 13000 Atascadero
Road, Atascadero (APN 045-391-015,016.). Applicant: Kelly Gearhart, 6205 Alcantara
Ln., Atascadero, CA 93423.
City of Atascadero Planning Commission Minutes Regular Meeting February 20, 2001
Page 9 of 111
PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED MITIGATED
NEGATIVE DECLARATION 2001-003: Based on the initial study prepared for the
project, a Mitigated 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 project provided the mitigation
measures are implemented. The proposed Mitigated Negative Declaration is available for
public review from January 26, 2001 through February 20, 2001 at 6500 Palma Avenue,
Community Development Department, Room 104-A, from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
Staff Recommends:
1. Adopt Resolution No. PC 2001-005, recommending that the City Council certify the
proposed Mitigated Negative Declaration 2001-003; and,
2. Adopt Resolution No. PC 2001-006, recommending that the City Council introduce
an ordinance for first reading to approve Zone Change 2000-0009; and,
3. Adopt Resolution No. PC 2001-007, recommending that the City Council approve the
amendment of the Master Plan of Development for PD -8 (CUP 2000-0025) subject to
Conditions of Approval; and,
4. Adopt Resolution No. PC 2000-008, recommending the City Council approve
Tentative Tract Map 2000-004 subject to Conditions of Approval.
Interim Community and Economic Development Director Warren Frace provided the staff report
and answered questions of the Commission.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, representing the applicant, addressed the
Commission and answered questions. Mr. Thompson indicated that the telephone style poles
will be removed and a smaller scale facility would replace the existing one. The driving range
would be completely covered and the existing lights would be eliminated.
Bill Wilson, 150 Eagle Creek Court, stated that the project will be a credit to the area and he
would like to see it done in a timely fashion.
Doug Perto, 115 Eagle Creek Court, indicated that he supports the project but expressed
concerns with the number of septic tanks in the area and their proximity to the creek, the use of
natural gas in the homes, the type of netting used at the facility, how the CC&R's will be
enforced and correction of damaged to curbs, etc. from road construction.
Joan O'Keefe, 9985 Old Morro Road, expressed concern regarding the leach fields and the time
of year the perk tests were done. Additionally she has concerns with pesticides used on the golf
course and their effect on the new homes.
City of Atascadero Planning Commission Minutes Regular Meeting February 20, 2001
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Mike Murphy, 9320 Santa Clara Road, has been greatly affected by the lights on the driving
range and fully supports this solution to the problem. He would like to see a requirement that the
lights be turned off within five days of the zoning change.
Bill Walman, 13105 Atascadero Road, stated his support for the project and his concerns
regarding drainage.
Doug Perto, 115 Eagle Creek, had three additional concerns: Bus stop safety, lack of lighting on
the streets and the issues connected with the vast number of squirrels in the area.
Bill Wilson, 150 Eagle Creek Court, stated that some septic tank leach lines are on the golf
course.
Kelly Gearhart, applicant, stated that he prefers to have the houses landscaped completely front
and back for the visual impact. The easements on the existing houses were put in place for the
maintenance of the slope in their back yards. Homeowners pay property taxes on the area
containing the house only, not on the open space areas.
Chairman Eddings closed Public Comment.
Chairman Eddings inquired about sound mitigation regarding the proposed home closest to the
freeway. Mr. Frace stated that the Master Plan of Development locks in a location for the house
in question. Additionally, Chairman Eddings inquired about the leach field situation and the
City's policy on cease and desist. Mr. Frace responded that the purpose of the Basin Plan is to
set uniform standards for the septic systems precluding the need for the City to get into the cease
and desist areas.
Chairman Eddings asked several additional questions of the applicant and staff. Mr. Frace
indicated that the perk tests on this project were done in November. Mr. Gearhart stated that no
ground water was encountered to a depth of 15 feet. Mr. Gearhart also stated that in regard to
phasing of the project, all four houses will be built at once and damaged curbs will be addressed
soon. There is no homeowners association at this time. Mr. Gearhart indicated that pesticides
are used only on greens, are applied by qualified individuals and are inspected regularly.
Vice Chairman Jeanes stated that she supports the project, but is not in support of conditioning
the project to turn the lights off.
Chairman Eddings indicated that he would be willing to condition the project to have the lights
turned off.
Commissioner Kelley suggested that the project be put on the fast track.
MOTION: By Commissioner Bentz and seconded by Commissioner Fonzi to adopt
Resolution No. PC 2001-005, recommending that the City Council certify the
proposed Mitigated Negative Declaration 2001-003; and, adopt Resolution No.
PC 2001-006, recommending that the City Council introduce an ordinance for
first reading to approve Zone Change 2000-0009; and, adopt Resolution No. PC
2001-007, recommending that the City Council approve the amendment of the
City of Atascadero Planning Commission Minutes Regular Meeting February 20, 2001
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Master Plan of Development for PD -8 (CUP 2000-0025) subject to Conditions of
Approval; and, adopt Resolution No. PC 2000-008, recommending the City
Council approve Tentative Tract Map 2000-004 subject to Conditions of
Approval and subject to conditions proposed by staff.
AYES: Commissioners, Bentz, Fonzi, Jeanes, Kelley, Norton, Blaser and Chairman
Eddings
NOES: None
ABSTAIN: None
Motion passed 7:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
COMMISSIONER COMMENTS & REPORTS
Commissioner Fonzi indicated that as there is no minimal buildable lot size in the City, she
would like the staff to address this issue and bring it back to the Commission at a later date. Mr.
Frace stated that staff could do that utilizing a study session format.
ADJOURNMENT
Chairman Eddings adjourned the meeting at 10:55 p.m. to the next regularly scheduled meeting
on Tuesday, March 6, 2001.
MEETING RECORDED BY AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
Cdvlpmnt/PC Minutes 01/PC Minutes 02-20-Ol.gp.doc