Loading...
HomeMy WebLinkAboutPC Minutes 07-17-01CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting July 17, 2001— 7:00 p.m. Chairman Eddings called the meeting to order at 7:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Blaser, Kelley, Norton and Chairman Eddings. Absent: Commissioner Fonzi and Vice -Chairman Jeanes Staff: Community Development Director Lori Parcells, Principle Planner Warren Frace, Associate Planner Jamie Kirk, City Engineer Steve Kahn and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 19, 2001. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 3, 2001. 3. ADOPT RESOLUTION NO. PC 2001-0030. A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL IDENTIFY A FEASIBLE SOLUTION AND TAKE EXPEDITIOUS ACTION TO MITIGATE TRAFFIC CONDITIONS ON ENSENADA AVENUE. Community Development Director Parcells addressed the Commission regarding Consent Calendar item number 3, which has been drafted at the request of the Commission. Additionally, City of Atascadero Planning Commission Minutes Regular Meeting, July 17, 2001 Page 2of8 there will be a neighborhood meeting at Fire Station No. 1, on July 18, 2001, 7:00 p.m. at which time staff will take detailed comments from the community on the issue of Ensenada Avenue. Those expected to be in attendance will be Public Works Director Steve Kahn, Police Chief Dennis Hegwood, Fire Chief Kurt Stone, Principle Planner Warren Frace and Community Development Director Lori Parcells. Staff answered questions of the Commissioners regarding the Minutes of the Regular Planning Commission Meeting on June 19, 2001. MOTION: By Commissioner Kelley and seconded by Chairman Eddings to approve the Consent Calendar. AYES: Item No. 1: Commissioners Kelley, Norton Blaser and Chairman Eddings Item No. 2: Commissioners Bentz, Norton and Chairman Eddings Item No. 3: Commissioners Bentz, Norton and Chairman Eddings NOES: None ABSTAIN: Item No. 1: Commissioner Bentz Item No. 2: Commissioners Kelley and Blaser Item No. 3: Commissioners Kelley and Blaser Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 4. TO BE CONTINUED TO A DATE UNCERTAIN: PROJECT DESCRIPTION: TENTATIVE TRACT MAP 2000-0002: The proposed project is a proposed Tract Map subdividing two existing lots into six parcels. One lot currently contains a single-family residence. Five vacant parcels would be created, allowing the development of five additional individual residences. The project site is at the south end of Atascadero Lake within a location currently utilized for cattle grazing. The site is part of a watershed for Atascadero Lake and contains a seasonal creekway. The new road would serve the parcels, intersecting with Santa Rosa Road near the intersection of Lakeview Drive. General Plan Designation: Low Density Single Family; Zoning District: RSF-Z, minimum lot size 1.5 to 2.5 acres (calculated to be 1.50 acres using performance standards); APN 056-351-004; Address: 8300 Santa Rosa Road, Atascadero; Applicant: David Graves. 5. PROJECT DESCRIPTION: TENTATIVE TRACT MAP 2001-0005, ZONE CHANGE 2001-0011; 9351-9353 MUSSLEMAN DRIVE: A proposed rezone to create a Planned Development Overlay Zone PD -7 within an existing RMF -16 zoning district with an eight lot Tentative Tract Map. Approval of the City of Atascadero Planning Commission Minutes Regular Meeting, July 17, 2001 Page 3 of 8 application would permit the construction of eight detached, 3 -bedroom, 1818+/- square foot, single-family homes on individual lots. The project is located on two existing lots currently each developed with a single-family residence and accessory structures. The two existing homes will be removed and replaced with new construction. The lot has slopes below 10% with several mature native oak trees located within the project site. One 6 -inch live oak will be required to be removed; all other native trees on the site will be protected and preserved. Full urban services are available to the site. General Plan Designation: High Density Multi -Family; Zoning District: RMF -16; APN 030-461-047, 030-461-049; Address: 9351-9353 Mussleman Drive, Atascadero; Applicant: Richard Shannon. PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED NEGATIVE DECLARATION 2001-023: The Initial Study has determined that the proposed project will not have a significant adverse impact on the environment. A proposed Negative Declaration of environmental impact has therefore been prepared for the project in conformance with the California Environmental Quality Act (CEQA). The Proposed Negative Declaration is available for public review through July 17, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 7:00 a.m. to 6:00 p.m., Monday through Thursday. Staff Recommends the Planning Commission: 1. Adopt Resolution No. PC 2001-031, recommending that the City Council certify the proposed Negative Declaration 2001-0020; and, 2. Adopt Resolution No. PC 2001-032, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0011; and, 3. Adopt Resolution No. PC 2000-033, recommending that the City Council approve Conditional Use Permit 2001-0041 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt Resolution No. PC 2001-0034, recommending that the City Council approve Tentative Tract Map 2001-0005 subject to findings and conditions of approval. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Richard Shannon, 5070 San Benito Road, applicant, discussed his project and the reasons for placing lot lines on the property, and stated that his project would provide much needed moderate and affordable housing. Regarding the tree issue, Mr. Shannon had directed his arborist to recommend removal of the dead oak tree and the six-inch live oak tree. He was unaware at the time that he would be charged fees for removal of the dead tree and if this is to be the case, he will amend his application to leave the tree in place. Mr. Shannon does not feel it is City of Atascadero Planning Commission Minutes Regular Meeting, July 17, 2001 Page 4of8 fair to require him to widen the road, and asked the Commission to waive Condition of Approval No 8.b). Regarding the drainage issue, the applicant stated that he was going to try to mitigate the drainage problems of the adjoining apartment complex and tie into their system if possible. If this is not possible they are prepared to run a new drainage channel out to Mussleman Road and tie into the existing storm drain. Tim Roberts, 522 Laurelwood Drive, Paso Robles, Civil Engineer, discussed the issue of drainage on the project. Chris O'Connor, 9335 Mussleman #15, property manager for La Tierra Apartments, spoke for the property owner who is out of the area. She stated the owner's concerns regarding the drainage issue and stated that the owner is open to having the new project tie into the subsurface drainage system, however there is concern for capacity during times of concentrated rain flow. Additionally, the owner is concerned about safety issues on Mussleman Drive. Joan O'Keefe, 9985 Old Morro Road East, stated that there has been bad planning in the past regarding road improvements and she feels it is time to start taking care of these issues. She feels that the people get a better project with the Planned Development Overlay. Regarding the dead tree, Mrs. O'Keefe stated that dead trees have a value to wildlife; however, a dead tree next to a home is a liability and must be taken out. Chairman Eddings closed Public Comment. Commissioner Blaser suggested a compromise for the corner improvement, requiring an improvement at the intersection in lieu of the overlay in front of the project. City Engineer Kahn stated that this would be a possibly, but conformance issues make it easier to overlay. Commissioner Kelley commended the applicant on the project and for providing some affordable housing in the community. Regarding the tree issue, Commissioner Kelley stated that there was not much the Commission could do as the Tree Ordinance is a law and the Commission must go by the law, however he would like to see the issue addressed in the future. He stated that he does not consider it fair to require payment for the removal of a dead tree. On the Mussleman Drive improvements, he does not feel that it is the applicant's responsibility to do the improvements as they are too far away from the project. Commissioner Bentz inquired if it was possible for the City to advance the $3,000 estimated to be the cost of the road improvement, out of gas tax funds, and then when the property directly in front of the improvement is developed, the assessment would be levied against that property. Mr. Kahn stated that there is not currently a mechanism in place to do this. Commissioner Bentz then asked whether an appropriation could be made out of the General Fund and Mr. Kahn replied that this would be a Council decision. Chairman Eddings stated that he agrees with Commissioner Kelley that it is not fair for new developments to fix all of the street problems in town. City of Atascadero Planning Commission Minutes Regular Meeting, July 17, 2001 Page 5 of 8 Commissioner Norton indicated that she would like to see the road improvement on Mussleman, but she feels that there should be a fee charged to the property in front of it, which would be tracked, and when the property is developed they would have to pay back the account. Commissioner Bentz discussed Reimbursement Agreements, which have been used successfully in other cities, and which he would like to see utilized in Atascadero. MOTION: By Commissioner Kelley and seconded by Commissioner Bentz to amend the conditions keeping the tree mitigation in place; and, to eliminate Engineering Condition No. 8.c); and, to adopt Resolution No. PC 2001-031, recommending that the City Council certify the proposed Negative Declaration 2001-0020; and, adopt Resolution No. PC 2001-032, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0011; and, adopt Resolution No. PC 2000-033, recommending that the City Council approve Conditional Use Permit 2001-0041 for the Master Plan of Development subject to findings and conditions of approval; and, adopt Resolution No. PC 2001-0034, recommending that the City Council approve Tentative Tract Map 2001-0005 subject to findings and conditions of approval. AYES: Commissioners Kelley, Bentz, Norton, Blaser and Chairman Eddings NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. 6. PROJECT DESCRIPTION: CONDITIONAL USE PERMIT 2001-0036; 5835 TRAFFIC WAY: The proposed project is a request to allow the establishment of an office use on a first floor space, in the Downtown Commercial Zoning District. The project parcel has a General Plan Designation of D (Downtown) and a Zoning District of DC (Downtown Commercial). The proposed use is a financial planning office, which is a conditionally allowed use on a first floor tenant space in the Downtown Commercial Zoning District. The site is a 1,348 square foot space located on the corner of Traffic Way and Palma Avenue, General Plan Designation: Downtown; Zoning District: Downtown Commercial APN: 029-341-009, Addresss: 5835 Traffic Way, Owner: Les and Muna Cristal, Applicant: Malcolm Pickett, Certified Financial Planner. PROPOSED ENVIRONMENTAL DETERMINATION: CLASS 1 CATEGORICAL EXEMPTION CEQA SECTION 15301: Staff is recommending that the Planning Commission find that the project qualifies for a Class 1 Categorical Exemption and is therefore not subject to the California Environmental Quality Act. The Class I Categorical Exemption includes the leasing of existing private structures. City of Atascadero Planning Commission Minutes Regular Meeting, July 17, 2001 Page 6of8 Staff Recommends the Planning Commission: Adopt Planning Commission Resolution 2001-027 denying Conditional Use Permit 2001-0036, a request by Malcolm Pickett to lease a 1,348 square -foot tenant space for a first floor office use in the Downtown Commercial Zoning District. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Malcolm Pickett, 1428 Phillips Lane, San Luis Obispo, applicant, stated that he does retail financial products (stocks, bonds, insurance etc.) as well as providing regular financial seminars with between six to twelve attendees. He intends to have an electronic message board to attract pedestrians in the non -tinted window on the Traffic Way side. He feels his use would enhance the area and increase pedestrian traffic in the interim period until the downtown develops as a retail/pedestrian friendly area. The applicant stated that the term of the lease was three years. Muna Cristal, 28 Mockingbird Lane, co-owner of the building, stated that she is committed to the revitalization of downtown, however she would like to see the building occupied. It is difficult to attract retail uses in her building, as the spaces are small. She would like the Commission to look at the building as a whole in which one half will be occupied by allowable uses and the other half by conditionally allowed uses. Mrs. Cristal stated that she would like to expand the building but is unable to do so if the building remains empty. The building was purchased by the Cristals two years ago and to date they have invested $20,000 in improvements. Les Cristal, 28 Mockingbird Lane, co-owner of the building, indicated that the previous tenant (Wi1Mar Disposal) had tinted the windows. Mr. Cristal stated that they would like to build on a second story; however, they must be able to rent the existing spaces in order to generate the revenue needed to renovate. John Webster, 8885 Pino Solo, owner of the building at 5950 Traffic Way, stated that the applicant has put a lot of effort and money into improving his building and therefore the downtown. He indicated that the older buildings are expensive to maintain and many times not very useable. Many buildings downtown are vacant and he feels that if a property owner puts time and money into improving his building, he should be able to rent it. He feels the current ordinance is very restrictive and would urge the Commission to allow this usage. David Smith, 8800 Pino Solo, owner of the buildings at 5810 and 5811 Traffic Way, expressed his concerns regarding the very restrictive zoning in the downtown. He stated that professional offices are successful downtown and should be encouraged until the area develops into a true retail district. Chairman Eddings closed Public Comment. City of Atascadero Planning Commission Minutes Regular Meeting, July 17, 2001 Page 7 of 8 Commissioner Bentz questioned if a precedent would be set if the Commission decided not to follow staff's recommendation. Ms. Kirk stated that a precedent would be set for future recommendations in that staff would follow the recommendations made tonight for future applicant requests. Commissioner Bentz asked if the three-year lease period could be used as a criterion. Ms. Kirk stated that this would be an option, but the Commission would still have to specify in their Motion that they are making all three of the required findings. If the Commission does want to approve the project, staff would take all further conditions and recommendations, incorporate them into a new project description and staff report and bring that back to the Commission to approve. Chairman Eddings stated that he does not want to set a precedent, and that he cannot make finding numbers 1 and 3. Commissioner Kelley indicated that the downtown is in a transition period and in need of help at this time. He feels they have a responsibility to the building owner and applicant and suggested approval with a three-year life upon the Conditional Use Permit with the applicant coming back before the Commission at the end of three years to reapply, with a six month extension for move out if the application is denied. Commissioner Blaser stated that he agrees with Commissioner Kelley's proposal and felt that the seminars offered would bring additional pedestrian traffic to the downtown. Commissioner Norton was concerned with the idea that this could be considered a retail use and therefore could not make finding number 3. She expressed her appreciation that the applicant is willing to put a pedestrian friendly display in his window. Chairman Eddings suggested that staff work with applicant to come up with new conditions of approval with a more restrictive time constraint and with a strong statement that it is unlikely that the CUP would be approved at the end of that time period. MOTION: By Commissioner Bentz and seconded by Commissioner Kelley to refer the project back to City staff to prepare findings and conditions to permit the use for a period of two years with a six month window of opportunity to secure a new location or to appeal to the Planning Commission to continue the Conditional Use Permit. AYES: Commissioner Bentz, Kelley, Blaser, Norton and Chairman Eddings NOES: None ABSTAIN: None City of Atascadero Planning Commission Minutes Regular Meeting, July 17, 2001 Page 8 of 8 Motion passed 5:0 by a roll -call vote. Commissioner Kelley requested that this project be placed on a fast track. Ms. Kirk stated that it would be brought back to the next available meeting. COMMUNITY DEVELOPMENT STAFF REPORTS Community Development Director Parcells stated that there were no items scheduled for the study session on July 31St COMMISSIONER COMMENTS & REPORTS Chairman Eddings stated that he is concerned about allowing non -retail uses in the downtown area and he feels strongly that he will not vote to extend the use past the two-year time frame. Commissioner Kelley suggested that language be devised to make it clear that these types of uses will not be renewed at the end of the established time period for the use permit. Additionally, regarding the project at the lake which has been continued, Commissioner Kelley requested receipt of reports sooner than in the past, and if the Commission could have any preliminary reports to review as soon as possible. Commissioner Norton also expressed her frustration with the timing involved in receiving staff reports and would like to receive them sooner. Commissioner Norton announced that she would be out of the country in September and will miss the first two Planning Commission meetings of that month. Chairman Eddings encouraged the public to get letters or pertinent information to the Commission sooner than the evening of the meeting. ADJOURNMENT Chairman Eddings adjourned the meeting at 9:04 p.m. to the next regularly scheduled meeting on August 7, 2001, at the Atascadero Lake Pavilion. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Cdvlpmnt/PC Minutes/PC Minutes 07-17-01.gp.doc