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Home My WebLink AboutPC Minutes 08-21-01CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting August 21, 2001— 7:00 p.m. Chairman Eddings called the meeting to order at 7:04 p.m. and Vice -Chairman Jeanes led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Blaser, Fonzi, Kelley, Norton, Vice -Chairman Jeanes and Chairman Eddings. Absent: None Staff: Community Development Director Lori Parcells, Planning Services Manager Warren Frace, Associate Planner Jamie Kirk and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 7, 2001. 2. ACCEPTANCE OF FINAL MAP FOR LLA 2001-0021: CHALK MOUNTAIN VILLAGE. 3. TIME EXTENSION FOR CONDITIONAL USE PERMIT 99008: DAVIDSON INDUSTRIAL BUILDING 1690 EL CAMINO REAL. City of Atascadero Planning Commission Minutes Staff recommends: Regular Meeting August 21 2001 Page 2 of 8 The Planning Commission adopt Resolution PC 2001-041, thereby approving a one-year extension of CUP 99008 in compliance with Section 9-2.118 of the Zoning Ordinance. MOTION: By Commissioner Fonzi and seconded by Commissioner Blaser to approve the Consent Calendar. AYES: Commissioner Fonzi, Blaser, Norton, Kelley, Bentz, Jeanes and Chairman Eddings NOES: None ABSTAIN: None Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS Chairman Eddings informed those present that Public Hearing Item No. 6 has been pulled from the agenda. 4. CONDITIONAL USE PERMIT 2001-0027: EL VERANO TELECOMMUNICATION SITE: Proposed Conditional Use Permit to allow the construction of a 65 -foot tall "mono -pine" wireless telecommunication facility. A mono - pine is a cellular antenna designed to look like a pine tree. There will be room to accommodate up to three cellular providers on the mono -pine. The site has a General Plan Designation of MDSF (Moderate Density Single -Family) and a Zoning District of RSF-Y (Residential Single Family with a minimum lot size of 1 acre with sewer and 1 '/2 acres without sewer) The proposed use is a conditionally allowed use in the RSF-Y zoning district. The project is proposed on the El Verano Water Reservoir site. El Verano Road, Atascadero, CA 93422, San Luis Obispo County (APN 028-281-014). Owner: Atascadero Mutual Water Company, Applicant: Crown Communications. PROPOSED MITIGATED NEGATIVE DECLARATION 2001-0027: The Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this Conditional Use Permit, when mitigation measures are implemented. The proposed Mitigated Negative Declaration is available for public review through August 17, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 7:00 a.m. to 6:00 p.m., Monday through Thursday. City of Atascadero Planning Commission Minutes Regular Meeting August 21 2001 Page 3 of 8 Staff Recommends: Adopt Planning Commission Resolution 2001-042 certifying proposed Mitigated Negative Declaration 2001-0027, and approving Conditional Use Permit 2001-0027 a request to construct a 65 foot tall cellular mono pine facility at the El Verano Water Reservoir site, subject to findings and conditions. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Jay Higgins, Tacit Communications, applicant, discussed the project and answered questions of the Commission. Pat Cairns, 4895 El Verano, stated that she had not received a notice about the proposed tower in her neighborhood. She expressed concern about the overhead cables and pollution. Ms. Cairns presented a petition to the Commission signed by 25 residents in the area of the proposed tower stating their opposition based on aesthetics, unknown health risks and declining property values. (Attachment 1) James Paglia, 4875 El Verano, stated his three objections to the proposed tower installation: 1) decline in property values, 2) setting precedent for additional towers in the future, and 3) potential health risks. Chairman Eddings closed Public Comment. Commissioner Norton questioned the notification process for this project. Associate Planner Kirk stated that the project required a 300 -foot radius notification, which was done. Chairman Eddings asked if heavy overhead cables would be used for the mono -pine tower. Mr. Higgins stated that all cables would be trenched. Vice -Chairman Jeanes asked the applicant to address the issues of health risks. Mr. Higgins stated that there is no "radioactive" issue involved with the tower. He stated that an engineering company had run specific calculations for points on and off the property, and not one exceeded one percent of the standard for emission of radio waves. Community Development Director Parcells reminded the Commission that the Federal Government has preempted cities from considering this factor when determining placement of these towers. Commissioner Fonzi questioned the use of radioactive suits worn by individuals working on this type of tower. Tim Callahan, Construction Manager, responded that workers are required by the FCC to wear radioactive suits when directly in front of the antenna for a protracted length of time. He stated that there is no risk to anyone at the base of the pole. City of Atascadero Planning Commission Minutes Regular Meeting August 21 2001 Page 4 of 8 Commissioner Kelley stated that he feels comfortable with the health aspect and feels the pole blends well with the trees. His concern is with the petition and potential impacts to property values in the neighborhood. Commissioner Kelley suggested that the applicant arrange for a workshop with the neighbors. Commissioner Fonzi is concerned with setting a precedent of having these towers placed in residential neighborhoods. She also would like to see a neighborhood workshop and then have the Commission revisit the issue at a later date. Commissioner Bentz stated that communications are the lifeblood of the economy and it is important to provide homeowners and businesses with the services they have come to expect. Commissioner Bentz indicated that he would support the project. Chairman Eddings had concerns with the placement of towers in residential neighborhoods. MOTION: By Commissioner Fonzi and seconded by Commissioner Norton to continue this item to another Planning Commission meeting to follow a neighborhood meeting on the issue. AYES: Commissioners Fonzi, Norton, Blaser, Kelley, Jeanes and Chairman Eddings NOES: Commissioner Bentz ABSTAIN: None Motion passed 6:1 by a roll -call vote. Vice -Chairman Jeanes suggested that the applicant provide notification and arrange for the neighborhood meeting. The applicant stated that this was acceptable and he would work with staff to organize the meeting. 4. ZONE CHANGE 2001-0015, CONDITIONAL USE PERMIT 2001-0040, RECONSIDERATION OF TENTATIVE TRACT MAP 98013: AMENDMENT OF THE SHORES / DAVIS CLUSTER RESIDENTIAL SUBDIVISION ON TRAFFIC WAY. The proposed project consists of an amendment to the zoning district and previously approved tentative tract map. The original project was approved in 1999 and allowed 41 clustered lots with a ±5.1 acre wetlands preserve. The proposed amendment would relocate two lots that have been determined to be within jurisdictional wetlands and create three additional lots for a total of 44 lots. The zoning change request would change the zoning district of 0.7+ acres from L (recreation) to LS (special recreation) thereby making single-family residential a conditionally allowable use. The net area of the wetlands preserve area would not be reduced by the project. The project site has a General Plan designation of HDSF (high density single-family) and REC (recreation) with corresponding zoning districts of RSF-X (single-family residential '/z acre min.) and City of Atascadero Planning Commission Minutes Regular Meeting August 21 2001 Page 5 of 8 L (recreation). The project is located at 3900 Traffic Way (APN 049-033-021). Owner and Applicant: Jim Shores. PROPOSED ENVIRONMENTAL DETERMINATION: MITIGATED NEGATIVE DECLARATION RE -CERTIFICATION: Based on the findings of an expanded Initial Study, a Mitigated Negative Declaration was certified for the project on November 9, 1999 consistent with the California Environmental Quality Act. The Initial Study determined that the project would have a less than significant environmental effect when mitigation measures are incorporated into the project. Staff is recommending that the Planning Commission recommend re -certification of the Mitigated Negative Declaration that was previously adopted for GPA 98002, ZCH 98004, TTM 98013 based on the findings that no new environmental impacts would occur that have not been previously analyzed and mitigated. Staff Recommends: 1. Adopt Resolution No. PC 2001-047, recommending that the City Council re -certify the previously approved Mitigated Negative Declaration 99029; and, 2. Adopt Resolution No. PC 2001-048, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0015; and, 3. Adopt Resolution No. PC 2001-049, recommending that the City Council approve the amendment of the Master Plan of Development for PD -15 (CUP 2001-0040) subject to Conditions of Approval and Exhibits; and, 4. Adopt Resolution No. PC 2000-050, recommending the City Council approve amendment of Tentative Tract Map 98013 subject to Conditions of Approval and Exhibits. Planning Services Manager Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Russ Thompson, representing the applicant Jim Shores, stated that they agreed with the staff report and had worked hard to fine tune the project and identify sensitive areas. John Birch, 14650 Morro Road, gave the Commissioners a report entitled "Archeological Damage Assessment" and urged the Commission to look at the report, specifically pages five through seven. Joan O'Keefe, 9985 Old Morro Road East, read from a prepared statement expressing her concern for the protection of native trees on the site. (Attachment 2) City of Atascadero Planning Commission Minutes Regular Meeting August 21 2001 Page 6 of 8 Chairman Eddings questioned whether tree protection was in place prior to the commencement of construction. Mr. Thompson stated that tree protection was spelled out on the plans approved prior to construction. He was unaware of any problem with tree protection on the site. Regarding archeological damage, Mr. Thompson indicated that archeological reports are ongoing as work is evolving. Some minor damage was done during trenching underneath Traffic Way and revisions are being made regularly based on the archeologist's reports in an effort to eliminate the impacts. Chairman Eddings closed Public Comment. Commissioner Kelley indicated he would support the project based on the fact that there is an archeologist's report on file. Commissioner Blaser stated that he could support the project if it were conditioned to have an on-site arborist monitoring the project. Planning Services Manager Frace recommended this be added to Resolutions 49 and 50. Commissioner Fonzi felt there were safety issues with the sharp corner at Del Rio Road, and was concerned with the setback reduction for the homes bordering the wetland area. She did not see the rationale for granting the applicant three additional lots. She is in favor of the Resolution with the exception of the zone change. Chairman Eddings felt that a greater supply of housing would contain the price and he would not have a problem with adding more density to the site. Commissioner Bentz expressed his concern with the lack of communication and willingness to cooperate between all parties concerned. He would be willing to take action that would include a tree monitoring program with an arborist on-site, the ability to issue a stop work order for any violation of any of the project conditions and denial of the zone change. MOTION: By Commissioner Fonzi and seconded by Commissioner Bentz to adopt Resolution No. PC 2001-047, recommending that the City Council re -certify the previously approved Mitigated Negative Declaration 99029. AYES: Commissioners Fonzi, Bentz, Blaser, Kelley, Norton, Jeanes and Chairman Eddings IQC�]�. • ABSTAIN: None Motion passed 7.0 by a roll -call vote. City of Atascadero Planning Commission Minutes Regular Meeting August 21 2001 Page 7 of 8 MOTION: By Commissioner Fonzi and seconded by Commissioner Bentz to adopt Resolution No. PC 2001-049, recommending that the City Council approve the amendment of the Master Plan of Development for PD -15 subject to Conditions of Approval and Exhibits. Conditions of Approval would be altered to include: 1) Tree monitoring, 2) arborist on site, and 3) allowing a stop work order. AYES: Commissioners Fonzi, Bentz, Kelley, Norton, Blaser, Jeanes and Chairman Eddings NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. MOTION: By Commission Fonzi and seconded by Commissioner Bentz to adopt Resolution No. PC 2000-050, recommending the City Council approve amendment of Tentative Tract Map 98013 subject to Conditions of Approval as previously stated and Exhibits. AYES: Commissioners Fonzi, Bentz, Norton, Kelley, Blaser, Jeanes and Chairman Eddings NOES: None ABSTAIN: None Motion passed 7:0 by a roll -call vote. MOTION: By Commissioner Fonzi and seconded by Commissioner Bentz that the Commission deny Resolution No. PC 2001-048, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001- 0015. AYES: Commissioners Fonzi and Bentz NOES: Commissioners Kelley, Norton, Blaser, Jeanes and Chairman Eddings ABSTAIN: None Motion failed 5:2 by a roll -call vote. City of Atascadero Planning Commission Minutes Regular Meeting August 21 2001 Page 8 of 8 MOTION: By Chairman Eddings and seconded by Commissioner Kelley to adopt Resolution No. PC 2000-048, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0015. AYES: Commissioners Kelley, Norton, Blaser, Jeanes and Chairman Eddings NOES: Commissioners Fonzi and Bentz ABSTAIN: None Motion passed 5:2 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS Community Development Director Parcells announced that Item No. 6 on the agenda would be rescheduled for the September 4th Planning Commission meeting. Also, there will be a study session for the Planning Commission with the City Attorney on October 30, 2001. COMMISSIONER COMMENTS & REPORTS None ADJOURNMENT Chairman Eddings adjourned the meeting at 8:55 p.m. to the next regularly scheduled meeting of the Planning Commission on September 4, 2001 at City Hall in the 4th Floor Rotunda, 6500 Palma Avenue, Atascadero. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Cdvlpmnt/PC Minutes 08-21-Ol.gp.doe