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HomeMy WebLinkAboutPC Minutes 12-04-01CITY OF ATASCADER0 PLANNING COMMISSION MINUTES Regular Meeting December 4,2001 — 7:00 P.M. CALL TO ORDER Chairman Eddings called the meeting to order at 7:02 p.m. and Commissioner Norton led the Pledge of Allegiance. ROLL CALL Present: Commissioners Blaser, Fonzi, Kelley, Norton, O'Malley, Vice Chairman Bentz and Chairman Eddings Absent: None Staff: Community Development Director Warren Frace, Public Works Director and City Engineer Steve Kahn, Associate Planner Jamie Kirk, Waste Water Operations Chief Mark Markwort and Recording Secretary Grace Pucci PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 20, 2001. MOTION: By Commissioner Kelley and seconded by Vice Chairman Bentz to approve the Consent Calendar. AYES: Commissioners Kelley, Bentz, O'Malley, Fonzi, Norton and Blaser NOES: None ABSTAIN: Chairman Eddings Motion passed 6:0 by a roll -call vote. City of Atascadero Planning Commission Minutes PUBLIC HEARINGS Regular Meeting December 4, 2001 Page 2 of 10 2. PROJECT TITLE: TENTATIVE PARCEL MAP 2001-0022 Applicant: Robert Sparling, 7500 San Palo Road, Atascadero, CA 93422 Project Location: 7500 San Palo Road, Atascadero, CA 93422, San Luis Obispo County APN 054-011-017 Project Proposed subdivision of an two existing lots totaling 6.99 acres into four parcels Description: 1.71 acres, 1.89 acres, 1.51 acres and 1.88 acres each. The site is currently developed with a single-family residence and a barn. The existing improvements will be confined to one lot allowing the new lots to be developed with single- family residential uses. The new properties will be served by on-site sewer systems (septic) and water is available from Atascadero Mutual Water Company. The site is zoned Residential Single Family, minimum lot size 1.5 acres based on the lot size calculations. General Plan Designation: Low Density Single Family; Zoning District: RSF-Z Environmental PROPOSED NEGATIVE DECLARATION 2001-041: Based on the findings Determination: 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 project, with the incorporation of the proposed mitigation measures. The proposed Negative Declaration is available for public review through December 4, 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 2001-064, certifying the Recommendation: proposed Mitigated Negative Declaration 2001-0041 and approving Tentative Parcel Map 2001-0022, a request to subdivide two lots totaling 6.99 acres into four parcels; 1.71 acres, 1.89 acres, 1.51 acres, and 1.88 acres each (all lot areas are gross area), based on findings and subject to conditions. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Russ Thompson, R. Thompson Consulting, applicant's representative, stated that the applicant was in agreement with the staff report and urged approval. Mr. Thompson asked the Commission to consider the narrower driveway width and answered questions of the Commission. Chairman Eddings closed the Public Comment period. MOTION: By Vice Chairman Bentz and seconded by Commissioner Norton to adopt Resolution No. PC 2001-064, certifying the proposed Mitigated Negative Declaration 2001-0041 and approving Tentative Parcel Map 2001-0022, a request to subdivide two lots totaling 6.99 acres into four parcels; 1.71 acres, 1.89 acres, City of Atascadero Planning Commission Minutes Regular Meeting December 4, 2001 Page 3 of 10 1.51 acres, and 1.88 acres each (all lot areas are gross area), based on findings and subject to conditions with a modification to Condition #9 to include a limit line. AYES: Commissioners Bentz, Norton, O'Malley, Blaser, Fonzi, Kelley and Chairman Eddings. NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. 3. PROJECT TITLE: CONDITIONAL USE PERMIT 2001-0045 Applicant: Alpine PCS, 3220 S. Higuera Street, Suite 102 Property owner Robert and Denise Ramos, 765 Garcia Road, Atascadero, CA 93422 Project Location: 765 Garcia Road, Atascadero, CA 93422, San Luis Obispo County APN 049- 082-014 Project A proposed Conditional Use Permit to allow the addition of an unmanned cellular Description: communications facility onto an existing PG&E transmission tower. The proposed project would consist of the installation of six five-foot panels mounted at the top of the tower on a ten foot cage, associated ground level equipment surrounded by an eight -foot high wooden fence located within the footprint of the tower, and a GPS antenna mounted on the leg of the tower. General Plan Designation: Suburban Single Family; Zoning District: Residential Suburban. Environmental PROPOSED MITIGATED NEGATIVE DECLARATION 2001-034: 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 Conditional Use Permit, with the incorporation of the proposed mitigation measures. The proposed Mitigated Negative Declaration is available for public review through December 4, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. staff If the Commission finds that the issues raised at the 10116101 Planning Recommendation: Commission hearing have been adequately addressed then adopt Planning Commission Resolution 2001-052 certifying proposed Mitigated Negative Declaration 2001-0034, and approving Conditional Use Permit 2001-0045, a request by Alpine PCS to install wireless telecommunication facilities on an existing PG&E transmission tower, subject to findings and conditions. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. Supplemental information on this item including a revised Draft Resolution was distributed to the Commission. (Attachment 1) City of Atascadero Planning Commission Minutes PUBLIC COMMENT Regular Meeting December 4, 2001 Page 4 of 10 Heather Forney, Alpine PCS, 3220 So. Higuera, Ste. 102, San Luis Obispo, gave a summary presentation of the project and changes made. Charles Gillilance, 660 Garcia Road, expressed his concerns regarding the visual impacts of this project. If the structure as modified did not work for the applicant he questioned whether there would be additional antennas in different locations and what maintenance would be provided for the antennas. Also there was concern about other companies attaching their equipment to this tower. Mr. Gillilance would like to see this project located outside of a residential neighborhood. Chairman Eddings asked staff if additional antennas could be attached to this tower in the future. Ms. Kirk stated that all future proposals would require a Conditional Use Permit and Planning Commission public hearing. Commissioner Kelley inquired if a condition could be added to this project limiting use of this tower to this company. Ms. Kirk stated that the Commission has the ability to condition the project in this way. Commissioner Norton asked if a landscape plan has been provided for the project. Ms. Kirk stated that a landscape plan was not provided under the PG&E tower, as PG&E is particular about vegetation being placed under their towers. Commissioner O'Malley stated that it was his understanding that Alpine had given money to the current property owner so they could plant additional landscaping in strategic locations to mitigate visual impacts, however this landscaping would be farther back from the tower. J. P. Patel, 580 Garcia Road, questioned why this project would be located in a residential neighborhood. He would like to see an alternate site for this project, and questioned whether additional equipment could be placed on the site by Alpine. Heather Forney addressed several issues raised in the Public Comment period. Regarding the issue of landscaping, there is a private agreement between Alpine PCS and the property owner for funds to go toward planting oak trees or other vegetation for screening. On the issue of maintenance, Alpine provides maintenance once a quarter. Ms. Forney showed the Commission a sample of the antenna to be used on the project that will be painted a non -reflective gray to eliminate glare. Alpine does not plan to place any equipment other than what is proposed for this project on the site. Paul Brewer, RF Engineer for Alpine PCS, stated that no additional antennas would ever be needed on the tower; however there might be the need for one more power unit within the bottom of the tower in the enclosed area. A position has been provided on the pad for this extra unit. Commissioner O'Malley asked about the old trailer on the property. Ms. Forney indicated that the trailer was in no way connected with Alpine PCS and after speaking with the landowner the trailer has been removed. Commissioner O'Malley asked about the dirt access road to the site. City of Atascadero Planning Commission Minutes Regular Meeting December 4, 2001 Page 5 of 10 Ms. Forney stated that Alpine plans to put a #2 class base on the road to eliminate dust and that PG&E as well as two residences use the road. Paul Brewer, Alpine PCS, added that there are internal fans in the cabinets; however the noise they emit is far less than that from the transmission lines. He indicated that this site has been researched thoroughly and fits well between the other Alpine sites in the area. Mr. Brewer stated that Alpine's system uses very low wattage and high frequency and there should be no interference problems with short wave radios. Charles Gillilance, reiterated his concerns regarding decreased property values, addition of additional antennas, aesthetics, and a flawed EIR. Chairman Eddings closed the Public Comment period. Commissioner Norton stated that she would like to see the landscaping agreement put into the project to screen the view from the road. Also, she would like the project conditioned so that no additional equipment or antennas would be permitted at this location. Commissioner O'Malley referred the issue of landscaping back to Alpine PCS for their input. Ms. Forney stated that she sees no problem with Alpine working with PG&E to install landscaping around the fence to screen the view from the road. Chairman Eddings felt that it would be appropriate to leave the issue with the applicant to work with City staff for appropriate landscaping. Commissioner Kelley indicated that shrubbery around the fences would work better than oak trees, which pose problems with PG&E lines. Commissioner Norton expressed concern with the view shed and asked for suggestions from staff. Associate Planner Kirk suggested that staff look at landscape requirements for this project that would include live oaks closer up to the property frontage, which would provide long-term screening. The property owner and Alpine would have to put in a temporary drip irrigation system for several years to establish the plantings. Commissioner O'Malley stated that many concerns were raised regarding this project at the last meeting and the applicant had done much to mitigate those concerns including contacting neighbors in the area. For this reason he feels that this project should not be dragged out to another hearing, and would be comfortable with establishing a dollar amount which would limit how much more needed to be done. Commissioner Blaser indicated that he liked the first proposal, which would have the applicant work with PG&E and City staff for a landscaping solution. He is not comfortable with establishing a dollar amount. Associate Planner Kirk stated that with a recommendation from the Commission staff can add a condition to the project that a landscape plan shall be submitted by the applicant prior to the issuance of building permits and that the final landscaping shall be installed prior to the final inspection. City of Atascadero Planning Commission Minutes Regular Meeting December 4, 2001 Page 6 of 10 Commissioner Fonzi questioned the fourth unit referred to by Mr. Brewer, and if it would have to be similar to the other three units. Ms. Kirk stated that if the additional equipment proposed had an air-conditioning unit, it would be required that they do an acoustical analysis which would indicate the level of noise generated by the extra unit. The Commission can condition the project to require any additional unit containing air-conditioning be brought back to the Commission for approval. However, it is her understanding that Alpine does not require air- conditioning units for their cabinets. Ms. Kirk referred the Commissioners to the Resolution, page 44 and the detail of the equipment layout that shows four equipment units and space for a fifth. This layout is what is being approved with this Resolution. Therefore, if an additional cabinet were required at that location, it would be approved within the footprint that the Commission is seeing at this time. Commissioner Kelley feels that all eight issues presented by Mr. Gillilance at the last meeting have been addressed and he therefore is in favor of approving the project. MOTION: By Commissioner O'Malley to approve Conditional Use Permit 2001-0045 a request by Alpine PCS to install a wireless telecommunication facility on an existing PG&E transmission tower. There was no second for this Motion. Vice Chairman Bentz suggested the Motion be amended to include the adoption of Planning Commission Revised Draft Resolution 2001-052 certifying the proposed Mitigated Negative Declaration 2001-0034 and adding the condition of a landscaping plan to be submitted to City staff as a condition of approval. Commissioner Fonzi asked that an amendment to the Motion be made which would exclude additional cellular providers from this tower in the future. Associate Planner Kirk explained that if the Commission added the condition that additional carriers shall not be allowed on this site and an additional carrier files an application, staff would let them know that the Planning Commission has made it clear that they are only looking to have one carrier on site. However, the applicant would have the opportunity to apply and the project would be brought to the Planning Commission with a recommendation of denial based on previous Planning Commission action. Commissioner Blaser stated the he was not comfortable with placing limits on improvements to the project. He would like to see the applicant have the opportunity to come back to the Commission in the event there is new technology or improvements that may have to be added in the future. MOTION: By Vice Chairman Bentz and seconded by Commissioner O'Malley to adopt Planning Commission Revised Draft Resolution 2001-052 certifying proposed Mitigated Negative Declaration 2001-0034 and approving Conditional Use Permit 2001-0045 a request by Alpine PCS to install wireless telecommunication facilities on an existing PG&E transmission tower subject to findings and conditions and adding a condition for a landscaping plan to be approved by City City of Atascadero Planning Commission Minutes Regular Meeting December 4, 2001 Page 7 of 10 staff and with the condition that this Planning Commission desires that this site not be allowed to install additional antennas or equipment in the future. AYES: Commissioners Bentz, O'Malley, Kelley, Fonzi, Norton and Chairman Eddings NOES: Commissioner Blaser ABSTAIN: None Motion passed 6:1 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 4. Continued From 11/20/01 Planning Commission Meeting TREE REMOVAL PERMIT, TRP 2001-0015: Traffic Way widening south of Chico Road / Midland Pacific. 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 approve the removal of the native oak tree to facilitate circulation and safety improvements on Traffic Way subject to the mitigation as required by the Atascadero Native Tree Ordinance and specified within the project conditions. Public Works Director Steve Kahn provided the staff report and answered questions of the Commission. PUBLIC COMMENT Joan O'Keefe, 9985 Old Morro Road East, stated that people do drive faster than they should in this area and will most likely continue to do so. As density has increased there is more traffic, higher speeds and there will be more accidents. She feels the pathway is very important as it adds to the rural atmosphere and makes people feel safe when they walk or ride bikes. Mrs. O'Keefe stated that she supports staff's recommendation to remove the tree so that the road can be improved, however she is concerned that the tree to be removed, which is a white oak, will be replaced with another white oak for true mitigation. Mrs. O'Keefe indicated that Las Pilitas Nursery has white oaks, but they must be contacted ahead of time. Marge Mackey, Tunitas Avenue, read from a prepared statement regarding her concerns with removal of oak trees of any kind. She believes that if people would drive at a decent speed, it would not be necessary to remove the tree. Also if the path were placed on the other side of the street closer to the railroad track, she felt it would be safer for walkers and bicyclists to use. City of Atascadero Planning Commission Minutes Regular Meeting December 4, 2001 Page 8 of 10 Jerry Clay felt that if the road is going to be improved all the way to the site in question, it should be improved in this area and all the way through to Chico. He feels the bike path is very important and provides a measure of safety for everyone. If the tree is to be left, Mr. Clay felt that there should be a barrier around it. Chairmen Eddings closed the Public Comment period. Director Kahn stated for the record that the bike path is proposed to go on the railroad side of the trees. Commissioner Norton asked if the Safe Routes to School project has been considered for this project. Mr. Kahn stated that this section is not part of the Safe Route to School and the School District has not addressed this section of the road. Chairman Eddings indicated that his inclination was to follow the engineer's recommendation on this, improving one of Atascadero's main arteries. Commissioner Bentz stated that he supported this project for the reason that it will create a much safer road. Commissioner Norton would like to see the tree remain as it is a beautiful tree and provides good visual impact on the road. She feels that the dip, if left as is, will keep the traffic from increasing in speed. She would like to see the road modified in order to retain the tree. Commissioner Kelley felt that if the tree were removed it would change the overall look of the road and detract from the rural atmosphere. He does not feel that the road is a hazard with the dip as it is at this time. He would like to see an asphalt overlay and shoulder improvement with the addition of a bike path along the railroad side. Commissioner Kelley indicated that he would be voting against the tree removal. Commissioner Bentz stated that in his opinion the Commission lacks the expertise for designing a safe road. He is comfortable relying on staff's decision and supports removal of the tree. Commissioner O'Malley felt that the definition of the term "rural" encompasses the natural contours and dips on the roadway. He expressed concern that the way the State law is written, there is little that can be done to control the speeds in a particular area. Commissioner O'Malley indicated that in his opinion a lot of development was approved and has occurred along Traffic Way, and now the traffic must be addressed. He is concerned that issues such as those under consideration tonight should have been addressed at the time the developments were approved. He is hopeful that in the future with the revised General Plan there would be more of a long- range view. With all he has heard this evening, Commissioner O'Malley is inclined to leave the road as it is. Commissioner Bentz stated that if this road has a site distance problem, and the Commission is aware of it and fails to correct it, and an accident occurs at the site, then the City would incur a great deal of liability. City of Atascadero Planning Commission Minutes Regular Meeting December 4, 2001 Page 9 of 10 Commissioner Blaser stated that this is the side of town that is experiencing a lot of growth and he is in favor of removing the tree and fixing the road. He supports Mrs. O'Keefe's suggestion for replacing the tree with other white oaks. Commissioner Fonzi indicated that she has mixed feelings on the issue. It is a beautiful tree and unfortunate that the road must be changed in that area. However, if she had to balance the safety of students in the area versus taking out the tree, she would take out the tree and for that reason she is inclined to vote in favor of the tree removal. She questions whether or not the dip is truly a hazard, however as the City Engineer has stated that it is, she will accept his judgment and reluctantly vote in favor. MOTION: By Vice Chairman Bentz and seconded by Commissioner Blaser to approve the removal of the native oak tree to facilitate circulation and safety improvements on Traffic Way subject to the mitigation as required by the Atascadero Native Tree Ordinance and specified within the project conditions and if possible that additional white oak trees be replanted. AYES: Commissioners Bentz, Blaser, O'Malley, Fonzi and Chairman Eddings NOES: Commissioners Norton and Kelley ABSTAIN: None Motion passed 5:2 by a roll -call vote. 5. WASTEWATER TREATMENT SYSTEM PRESENTATION The City Engineer will provide an informational overview of City's wastewater treatment system. This is an informational item only. No action will be taken by the Planning Commission. City Engineer Steve Kahn introduced Mark Markwort, Chief of Wastewater Operations, who made the presentation and answered questions of the Commission. COMMISSIONER COMMENTS & REPORTS Chairman Eddings asked for a General Plan Update report. Community Development Director Frace stated that currently staff is working with the consultant to get the Notice of Preparation out this week. All agencies will be notified that the EIR is underway and likely to be released soon. Staff is reviewing internal drafts of the General Plan policy document as well as the EIR. The goal is to have those documents out for public review by January. Following their release it is likely that the Commission will have a role in conducing some preliminary public review and information sessions about the documents. Once the formal 45 -day public review period is complete, staff will respond to the comments and information generated therein and work toward preparing documents for a final approval process before the Planning Commission and City Council. City of Atascadero Planning Commission Minutes Regular Meeting December 4, 2001 Page 10 of 10 Commissioner Fonzi invited the City Engineer to address the Commission on the Safe Routes to School. Commissioner Norton thanked Steve Kahn and Mark Markwort for addressing the Commission. She requested that revised documents be available to the Commission prior to the start of the meeting so there would be time to review them before making a decision. Commissioner Norton inquired why the Sunken Gardens fountain was not working. Public Works Director Steve Kahn stated that the fountain was renovated last summer and it is now ready to go. It has been kept off due to the electrical crisis, however, if someone would like the fountain turned on for any event, it will be turned on. The persons to contact would either be Mr. Kahn, Brady Cherry or Geoff English. If the electricity crisis eases and prices stay down, the goal is to turn the fountain on permanently on April 1St Commissioner Kelley inquired about the processing time for permits. Director Frace indicated that the Planning Department has been short by three people. A building inspector has been hired and is being trained. The building permit plan check process is currently the largest bottleneck and the department is out 45 to 60 days in this area. The new inspector should help improve this time frame and they are contracting some items out. The department is still short two planners, but a new planner has been hired and will be starting next week. It is hoped that by early next year the department will be fully staffed and the permit process will be caught up. Commissioner O'Malley referred to the training opportunity presented to the Commission and asked for more information. Director Frace explained that this was a Smart Growth Conference to be held January 24 through 26 in San Diego. As many of the General Plan concepts deal with smart growth, it is hoped that some of the Commission members as well as the City Council will attend this conference. Commissioners O'Malley and Bentz indicated that they are interested in attending. ADJOURNMENT Chairman Eddings adjourned the meeting at 9:40 p.m. to the next regularly scheduled meeting of the Planning Commission on December 18, 2001. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Attachment 1: Letter — Robert Gannon, 740 Garcia Road Cdvlpmnt/PC Minutes 12-04-Ol.gp.doc