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HomeMy WebLinkAboutPC Minutes 11-20-01CITY OF ATASCADER0 PLANNING COMMISSION MINUTES Regular Meeting November 20, 2001— 7:00 P.M. CALL TO ORDER Vice Chairman Bentz called the meeting to order at 7:00 p.m. and Commissioner Fonzi led the Pledge of Allegiance. Commissioner O'Malley announced that he had a conflict of interest with Agenda Item #8 and would be stepping down from that item. ROLL CALL Present: Commissioners Blaser, Fonzi, Kelley, Norton, O'Malley and Vice Chairman Bentz Absent: Chairman Eddings Staff: Community Development Director Warren Frace, Associate Planner Jamie Kirk and Recording Secretary Grace Pucci PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF REVISED MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 16, 2001. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 6, 2001. 3. TIME EXTENSION: CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR APPROVED CONDITIONAL USE PERMIT # 96008. M112001.doc 06/17/14 City of Atascadero Planning Commission Minutes RECOMMENDATION: Staff Recommends: Regular Meeting November 20, 2001 Page 2 of 11 The Planning Commission adopt Resolution PC 2001-062, thereby approving a one-year time extension of CUP #96008 in compliance with Section 9-2.118 of the Zoning Ordinance. Commissioner Kelley pulled Consent Calendar Item #3 for discussion. MOTION: By Commissioner Kelley and seconded by Commissioner Norton to approve Consent Calendar Items # 1 and 2. AYES: Commissioners Kelley, Norton, O'Malley, Fonzi, Blaser and Vice Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. Community Development Director Warren Frace provided the staff report on Consent Calendar Item #3 and answered questions of the Commission. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to approve Consent Calendar Item #3. AYES: Commissioners Kelley, Fonzi, Norton, Blaser, O'Malley and Vice Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 4. PROJECT TITLE: Tentative Parcel Map 2001-0024: 9635 Santa Lucia Road Applicant: Paul and Florence Bissonnette, 12916 Camino Del Valle, Poway, CA 92064 Project 9635 Santa Lucia Road, Atascadero, CA 93422, San Luis Obispo County APN 054-111-003 Location: Project Proposed subdivision of an existing 7.06 acre lot into two parcels 3.34 acres and 3.72 acres each. The site is currently developed with a single-family residence, a guesthouse and a barn. City of Atascadero Planning Commission Minutes Regular Meeting November 20, 2001 Page 3 of 11 Description: The existing improvements will be confined to one lot allowing the new lot to be developed with a single-family residential use. The property will be served by an on-site sewer system (septic) and water is available from Atascadero Mutual Water Company. The site is zoned Residential Suburban with a minimum lot size of 3.31 acres based on the RS minimum lot size calculations. General Plan Designation: Suburban Single Family; Zoning District: Residential Suburban Environmental PROPOSED MITIGATED NEGATIVE DECLARA TION 2001-040: Based on the Determination findings of the initial study, the Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this Tentative Parcel Map, with the incorporation of the proposed mitigation measures. The proposed Mitigated Negative Declaration is available for public review through November 20, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00p.m., Monday through Friday. Staff The Planning Commission adopt Resolution No. PC 2001-063, certifying the proposed Mitigated Negative Declaration 2001-0040 and approving Tentative Parcel Map 2001-0024, Recommendation: a request to subdivide a 7.06 -acre lot into two parcels; 3.34 -acres (gross) and 3.62 -acres (gross) each, based on findings and subject to conditions. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. Commissioner O'Malley inquired if it was possible to work with the applicant to allow the retention of the existing barn without imposing other requirements. Associate Planner Kirk responded that staff had given much consideration to how best to create a conforming situation with the existing improvements on the site, and the three options under Condition of Approval #11 were staff's attempt at a compromise. Ms. Kirk indicated that staff is willing to work with the applicant, but their concern was in creating an entitlement to a subdivision and then creating a non -conforming situation by having a stand-alone accessory use. This would be precedent setting for other vacant lots in the residential zoning districts. PUBLIC COMMENT Ken Wilson, Wilson Land Surveys, applicant's representative, stated that he appreciated the excellent staff report and its consistency. The applicant is concerned with the requirement for underground utilities due to a creek that runs through the property, which might make digging and placing the utilities difficult. As this is a rural site and there are other overhead utility services in the area, the applicant would like to be allowed to go overhead if possible. Linda Camon, 9635 Santa Lucia Road, daughter of the applicant stated that at this time there is one family living on the property, (Mrs. Camon and her husband). The larger of the two residences will be made into a permanent residence and the guest house will be used by her two grown boys who will have bedrooms there; Mrs. Camon has no intention of renting the guest house. Mrs. Camon's parents, the applicants, will be moving to Atascadero and building on the adjoining property. Commissioner Kelley asked about extensions on the time line for Condition of Approval #11. Associate Planner Kirk stated that the map has an initial time period of two years, so the City of Atascadero Planning Commission Minutes Regular Meeting November 20, 2001 Page 4 of 11 applicant would have two years and six months, after which the applicant can request additional extensions up to five years on the map. As long as the map is alive, the condition sits with it. At two years the applicant would have to secure the bond and then would have six months unless additional time extensions were requested. Paul Bissonnette, 12916 Camino Del Valle, Poway, California, applicant, stated that he wishes to sell his residence in Poway and build a home in Atascadero. He expressed confusion with the three options for Condition of Approval #11; he has just spent $45,000 on the barn and does not want to remove it. Associate Planner Kirk explained the options to the applicant. Regarding under grounding the utilities, there is a telephone pole within 100 feet of the proposed residence and Mr. Bissonnette felt it would be more advisable to under ground the utilities from the pole to the house rather than dig over 500 feet from Santa Lucia and under the creek. Vice Chairman Bentz asked if there were legal issues with under grounding the utilities through the creek as opposed to the street side. Ms. Kirk stated that it was her understanding that there are boring apparatuses that can drill well beneath the water table of the creek. The subdivision has been conditioned that all new utilities be under ground, however staff does not have an issue with under grounding from existing poles on the site as long as there are adequate easements. Water and gas must still be brought to the site from Santa Lucia. Commissioner Norton inquired whether the existing driveway to the house would be shared. Mr. Bissonnette stated that an easement is being proposed across parcel one to facilitate parcel two. Parcel two would own the largest part of the driveway. Commissioner Blaser asked if there was a maintenance agreement attached to the easement. Mr. Bissonnette stated that the easement has not been written yet. Associate Planner Kirk indicated that the project has not been conditioned with a maintenance agreement, however the Commission can require one. Vice Chairman Bentz closed the Public Comment period. Commissioner Kelley suggested that the non -conforming portions of the guesthouse be brought up to code prior to submission of the application for the lot split. Commissioner Fonzi suggested that there be one meter for gas and one for electric on the existing residences in order to prohibit re -conversion to a guesthouse in the future. Ms. Kirk stated that this would be possible and could be conditioned by the Commission. Commissioner O'Malley, asked for clarification on the meter for the second residence. Ms. Kirk suggested that the Motion be amended to read, "There shall not be separate meters located at the guest house." Current zoning does not permit a separate meter for a guesthouse. MOTION: By Commissioner O'Malley and seconded by Commissioner Fonzi to amend the current proposal to include a maintenance agreement on the proposed driveway specifying how that maintenance would be paid between the potentially two separate parcel owners and to eliminate one of the electric meters. City of Atascadero Planning Commission Minutes Commissioner O'Malley withdrew his Motion. Regular Meeting November 20, 2001 Page 5 of 11 Commissioner Kelley stated that he could support the electricity coming off of the existing pole. He feels the utilities could be run in the river crossing bridge because it would be a major project to run them under the creek. Associate Planner Kirk indicated that it would be acceptable to staff to install the utilities in the creek crossing in such a way that would not be detrimental to the creek. The subdivision map act prohibits the installation of new poles. MOTION: By Commissioner Norton and seconded by Commissioner Kelley to adopt Resolution No. PC 2001-063, certifying the proposed Mitigated Negative Declaration 2001-0040 and approving Tentative Parcel Map 2001-0024, a request to subdivide a 7.06 -acre lot into two parcels; 3.34 -acres (gross) and 3.62 -acres (gross) each, based on findings and subject to conditions with the inclusion of a maintenance agreement for the two parcels. AYES: Commissioners Norton, Kelley, O'Malley, Blaser, Fonzi and Vice Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 5. PROJECT TITLE: TENTATIVE PARCEL MAP 2001-0023: 7600 Morro Road Applicant: Kenneth and Gabriele Wilson, 7400 Morro Road, Atascadero, CA 93422 Project 7600 Morro Road, Atascadero, CA 93422, San Luis Obispo County, APN 031-153-005 Location: Project A proposed subdivision of an existing 0.60 acre lot into two parcels of 0.30 acres each. The Description: site is currently undeveloped but approved for a commercial office -building complex. The lots will be serve by full City services, street frontage improvements along Morro Road will be required and a single shared access driveway and parking lot will be provided on site. The site is zoned CP/PD-3 (Commercial Profession) with no minimum lot size. General Plan Designation: Office Environmental PROPOSED RECERTIFICATION OF MITIGATED NEGATIVE DECLARATION 2001-0033: Based on the findings of the initial study, the Community Development Determination Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this Tentative Parcel Map, with the incorporation of the proposed mitigation measures. The Certified Mitigated Negative Declaration is available for public review through November 20, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5: 00 p.m., Monday through Friday. Staff The Planning Commission adopt Resolution No. PC 2001-065, re -certifying Mitigated Negative Declaration 2001-0031 with an addendum and approving Tentative Parcel Map City of Atascadero Planning Commission Minutes Recommendation: 2001-0023 based on findings and subject to conditions. Regular Meeting November 20, 2001 Page 6 of 11 Community Development Director Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ken Wilson, Wilson Surveys, Applicant, expressed appreciation for the staff report and was available to answer questions of the Commission. Vice Chairman Bentz closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution No. PC 2001-065, re -certifying Mitigated Negative Declaration 2001- 0031 with an addendum and approving Tentative Parcel Map 2001-0023 based on findings and subject to conditions. AYES: Commissioners Kelley, Fonzi, Blaser, O'Malley, Norton and Vice Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 6. TPM 2001-0022: 7500 San Palo Road — This item has been continued to the regular meeting of December 4, 2001. MOTION: By Commissioner Fonzi and seconded by Commissioner Norton to continue Public Hearing Item #6 to December 4, 2001. AYES: Commissioners Fonzi, Norton, O'Malley, Kelley, Blaser and Vice Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 7. TREE REMOVAL PERMIT, TRP 2001-0015: (Traffic Way widening south of Chico Road / Midland Pacific. City of Atascadero Planning Commission Minutes Regular Meeting November 20, 2001 Page 7 of 11 Request to remove one 44 -inch native Valley Oak tree that is conflicting with the widening of Traffic Way. The street widening is a required off-site improvement for The Lakes subdivision project. Staff Recommends: The Planning Commission considers the removal of the native oak trees subject to the mitigation as required by the Atascadero Native Tree Ordinance and specified within the project conditions. Community Development Director Frace provided the staff report and answered questions of the Commission. Commissioner Kelley suggested that the road could be balanced out by taking two feet off of the high points and fill two feet in on the low points. He is concerned about raising the road by four feet. Commissioner Kelley stated that he has driven this road many times and has never had a problem with it and if the road is streamlined it may cause additional problems by cars going too fast. Commissioner Kelley referred to the General Plan and its mission to keep the rural atmosphere of Atascadero; he feels the tree should be protected. Commissioner Norton agreed that the rural nature of the community is important. She would like to see a compromise and questioned what the alternatives to this plan might be. Director Frace stated that the City Engineer and Planning staff met with the project engineers and looked at several alternatives as their primary approach was to do everything possible to save the tree. The option of reducing the dip by increasing a cut at both ends was looked at but dismissed because the necessary cuts would require right of way dedications on property not owned by the City and this was deemed to be too expensive. This appears to be the only option available for the funding the developer is required to pay on the project. The condition reads that the developer is to pay to the City $122,000 or do the improvements. Once the improvements go above that figure they will not do the project and it will most likely never be done. At this point the developer is willing to cooperate by building out this segment, but the only way to do it based on the way this project lays out is to remove the tree. Commissioner Fonzi asked whether it would be possible to condition the removal of the tree so that the developer would put replacement trees along Traffic Way rather than down in the development. Director Frace stated that this was the intention for the replacement trees. Commissioner O'Malley expressed concern regarding the number of projects along Traffic Way that have come back to the Commission for review. He is inclined to preserve the tree and the natural area surrounding it and wondered if the amount the contractor must pay for improvements could be used in some other way to improve another area of Traffic Way, leaving this area as it is. Director Frace stated that this comes down to an issue of safety. Traffic speed and number of trips will most likely increase on this segment of Traffic Way and the City Engineer must consider public safety and balance that as much as possible with other issues. Generally the City Engineer will support tree preservation, however in this case, public safety City of Atascadero Planning Commission Minutes Regular Meeting November 20, 2001 Page 8 of 11 concerns outweigh the tree issue. Commissioner O'Malley referred to the lack of consistency in that Portola Road was not improved significantly as the improvement would increase speed. Director Frace indicated that this had to do with the hierarchy of streets within the circulation element of the General Plan; Traffic Way is a minor arterial, Portola Road is not. Commissioner Blaser asked if the bike path contributed to the need to remove the tree. Director Frace stated that the bike path is designed to have no impact on the tree; it is rather the road itself that impacts the tree. The issue will be if the tree remains the road will in all probability not be built and if it is not, the bike path will not be built. Commissioner Kelley suggested that this issue be put on hold to have the City Engineer further address the issues. He feels there should be some way to save the tree. Commissioner Norton agreed and thinks the City Engineer should address the Commission. She suggested stop signs or other measures could be taken to manage the dip. Director Frace stated that a stop sign would not be placed in the middle of a free flowing block so the concern regarding higher speeds would remain. Commissioner O'Malley felt the applicant could be asked to put in the bike path and not have to do a significant amount of roadwork. He too would like to explore more options before making a decision on this request. PUBLIC COMMENT Joan O'Keefe, 9985 Old Morro Road East, referring to Consent Calendar Item #3, asked for examples of how environmental requirements are now more stringent. Regarding the tree removal request, she strongly sides with the City Engineer on the issue of safety. If replanting is to be done, it is necessary to address the survival rate and the issues of watering the trees, gopher baskets, protection from deer, etc. Regarding to the White Oak, there is no nursery in the area that sells locally grown White Oak, and she made the point that the species of tree replanted if the tree is removed will not be the same and therefore, it is not a true mitigation. Mrs. O'Keefe stated that while she loves the trees she feels people speed on Traffic Way, and with the increase in density and traffic, safety issues must be considered. Ken Wilson, Wilson Land Surveys, engineer on the project, spoke on why this design was chosen. He indicated that this tree was also being removed to save another tree. Additionally, speed and traffic presented a concern and incorporated in this design are slight curves to the roadway to help reduce speed and promote a rural atmosphere. Vice Chairman Bentz closed the Public Comment period. Commissioner Norton stated that she could not making Finding #5, and suggested sending this back to staff to further look at safety issues as well as considering the Safe Schools issue. Commissioner Kelley agreed that the item should be brought back at a future date to look at traffic safety issues. City of Atascadero Planning Commission Minutes Regular Meeting November 20, 2001 Page 9 of 11 MOTION: By Commissioner Blaser and seconded by Commissioner Kelley to continue the hearing to December 4th, referring the item back to staff for additional information or analysis on safety and alternatives as discussed above. Commissioner Fonzi requested input from staff at the December 4th meeting as to placement of replacement trees if the tree removal request is granted, as well as the type of trees to be used as the best mitigation for a White Oak tree. Commissioner Kelley requested a representative of Midland Pacific attend the December 4th meeting. Director Frace stated that the City Engineer would attend the meeting and Midland Pacific will be contacted for their attendance as well. Vice Chairman Bentz asked that a representative of the Police Department attend the meeting. AYES: Commissioners Blaser, Kelley, Norton, O'Malley, Fonzi and Vice Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 8. GENERAL PLAN CONFORMITY REPORT Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. MOTION: By Commissioner Norton and seconded by Commissioner Blaser to adopt Resolution PC 2001-0067, recommending the City Council find that the disposition of City property involved in LLA 2001-0033 is consistent with the City's General Plan as required by California Government Code Section 65402. AYES: Commissioners Norton, Blaser, Kelley, Fonzi and Vice Chairman Bentz NOES: None ABSTAIN: Commissioner O'Malley Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Commissioner O'Malley requested follow up on sidewalk options on the Shores project. Director Frace stated that within the 10 foot right of way there is an alternative option for the City of Atascadero Planning Commission Minutes Regular Meeting November 20, 2001 Page 10 of 11 sidewalks. A detached sidewalk behind a parkway planter strip, which in turn is behind the curb, was presented. It was felt that this configuration was more in character with the surrounding neighborhoods. Commissioner O'Malley thanked staff for their extra efforts on this issue. He felt this was a nice alternative and requested a future presentation to the Commission on sidewalk options. Commissioner Fonzi stated that she liked the idea of alternative sidewalks. She was concerned with how pedestrians would navigate in front of the bridge once the end of the sidewalk was reached. Director Frace indicated that the City Engineer is looking at how to cross pedestrians before an expansion of the bridge, and what the possibilities are of including additional pedestrian facilities across the creek. Vice Chairman Bentz indicated that he would like consideration given to meandering -style sidewalks. Commissioner Kelley asked if there were alternate designs for curb and gutters. Director Frace stated that there are many configurations for the curb and gutter including rolled curbs to eliminate the hard edge. Commissioner Norton felt this was a nice option and if the Commission were to set a precedent, she would like to see other options as well. Vice Chairman Bentz asked Director Frace to include the Commissions comments on this issue in his report to the Council. Commissioner Fonzi expressed interest in presenting the idea that trees be planted between the sidewalk and the street. Commissioner O'Malley asked when the report on the sewer plan would be presented. Director Frace stated that the City Engineer and a representative from the Waste Water Department will be making a presentation at the Planning Commission meeting on December 4th, at which time the Commission could request a time for a tour of the facility. Commissioner Fonzi asked to receive something in writing about sewer capacity and build out. Additionally, she would like a presentation on the Safe Routes to School program. Commissioner O'Malley asked about the issue of tree signs and tree ordinance issues. Director Frace stated that regarding the tree signs, the Commission has the option of adding that as a specific condition on any project they see fit. Developing tree signs as a standard would require some changes to the Tree Ordinance. Presently, Director Frace does not have the additional staff required to work on a presentation on the Tree Ordinance. He is hoping to have the Department completely staffed in the next couple of months, and early next year they may be able to prepare a staff report so the Commission can look at the issues related to the Tree Ordinance. City of Atascadero Planning Commission Minutes ADJOURNMENT Regular Meeting November 20, 2001 Page 11 of 11 Vice Chairman Bentz adjourned the meeting at 8:47 p.m. to the next regularly scheduled meeting on December 4, 2001. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Cdvlpmnt/PC Minutes 01/PC Minutes 11-20-Ol.gp.doc Adopted 12/4/01