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HomeMy WebLinkAboutPC Minutes 01-21-03CITY OF ATASCADER0 PLANNING COMMISSION MINUTES Regular Meeting January 21, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Bentz called the meeting to order at 7:00 p.m. and Vice Chairperson Fonzi led the Pledge of Allegiance. ROLL CALL Present: Commissioners Eddings, Jones, Kelley, Porter, Fonzi and Chairperson Bentz Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, City Attorney Roy Hanley and Recording Secretary Grace Pucci. PUBLIC COMMENT Joan O'Keefe, 9985 Old Morro Road East, referred to two questions she had posed at the last Commission meeting and stated that she had never received an answer to either one. She hoped this was an oversight and asked to have her questions answered in the future. Mrs. O'Keefe also commented on an article in the Atascadero News last week regarding the Commission's decision on the 3F Meadows project. She felt there were inaccuracies in the article and felt the paper should correct the mistakes. Additionally, Mrs. O'Keefe referred to a question asked by Chairperson Bentz to Dean Coker regarding release of information as requested by the Planning Department, and felt the staff should have been asked the same question. Chairperson Bentz closed the Public Comment period. COMMUNITY DEVELOPMENT STAFF REPORTS Chairman Bentz asked for Commission agreement to move Item #l, the presentation on the Brown Act, to the end of the agenda. There was Commission consensus to do so. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 7, 2003. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to approve the Consent Calendar. AYES: Commissioners Kelley, Eddings, Jones, Porter and Chairperson Bentz NOES: None ABSTAIN: Vice Chairperson Fonzi Motion passed 5:0 by a roll -call vote. 2. APPROVAL OF RESOLUTION 2003-0002 TO DENY CONDITIONAL USE PERMIT 2002-0055 TO ESTABLISHMENT OF A BED AND BREAKFAST AT 7129 SAN GREGORIO RD. Community Development Director Warren Frace explained that the Resolution of Denial is being brought back for the Commission's approval. MOTION: By Commissioner Jones and seconded by Commissioner Eddings to deny the Conditional Use Permit application 2002-0055 with the findings as set forth in the staff report and approving Resolution 2003-0002. AYES: Commissioners Jones, Eddings, Kelley, Porter and Chairperson Bentz NOES: None ABSTAIN: Vice Chairperson Fonzi Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS Chairman Bentz announced that Public Hearing Item #3 would be continued to an unspecified date. 3. RECONSIDERATION OF CONDITIONAL USE PERMIT 89-008 Applicant: Atascadero Christian Home, 8455 Santa Rosa, Atascadero, CA Project Title: Senior Assisted -Living Facility Site Plan Amendment Project Location: 8455 Santa Rosa Road, Atascadero, CA 93422 (San Luis Obispo County) APN 056-301-039 Project Hearing to reconsider the original Conditional Use Permit #89-008, amending the existing Description: phased site plan at an senior assisted -care living facility in Atascadero. The proposal includes Project Title: relocation of 19 multi unit cottages, access roads, grading and landscaping.. The proposed Project Location: changes would be within the existing 15.25 -acre development. The project is located on the north side of Santa Rosa Road approximately 1/4 mile west of U.S. Highway 101. The project Project will require the removal of several native trees. The proposed building sites are slightly Description: sloped and occur in a semi -rural primary grassland setting within a single-family residential vicinity. The project will gain access from an existing driveway to Santa Rosa Road. General Plan Designation: Single Family Residential Zoning District: Residential Single Famil -Y 0.0 acre minimum lot size Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0052: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Proposed Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Staff Adoption of Planning Commission Resolution 2003-0007 approving the reconsideration of Determination Conditional Use Permit 89-008 subject to findings and conditions of approval. Recommendation environment from approval of this project. The proposed Mitigated Negative Declaration is 4. CONDITIONAL USE PERMIT 2001-0043: Applicant: Michael Frederick, P.O. Box 573, Atascadero, CA 93423 Project Title: Proposed Mini -Storage Center Project Location: 2850 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-201-021 Project An application to construct 30,250 square -feet of commercial storage buildings designed Description: for mini -storage use, 2,450 square -feet of commercial office buildings, a parking lot and landscaping on a 1.5 -acre vacant lot of record. The proposed project will require grading quantities of approximately 175 cubic yards of cut and 3025 cubic yards of fill. The project will require the removal of two native trees. The proposed building site will pave a majority of the lot area which is gently sloped and occurs as an infill project within a developed industrial area in the City of Atascadero. The project will gain access from El Camino Real and be visible from U.S. Highway 101. General Plan Designation: General Commercial Zoning District: Commercial Park Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0040: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Staff Adoption of Planning Commission Resolution 2003-0008 approving Conditional Use Permit 2001-0043 subject to findings and conditions of approval. Recommendation Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Michael Frederick, applicant, answered several questions raised by the Commission and expressed his concern regarding Condition of Approval #13 requiring the installation of a fire hydrant. Director Frace responded to Mr. Frederick's concern by stating that the condition came from the Fire Department, which did not want to be forced to lay a fire hose across El Camino Real in the event of a fire, an action that would result in shutting down the entire street. Mr. Frederick answered questions of the Commission. Joe Elkins, architect, 370 Wilhoit, Templeton, further discussed the applicant's concern regarding Condition of Approval #13. Mr. Elkins answered questions of the Commission. Patty Jones, 1295 Nacimiento Lake Drive, Paso Robles, stated she owns Stow -It Mini Storage and their occupancy is down 20% and has been for over a year. She said a new 35,000 square foot facility is going in right next to hers. Steve Gray indicated he manages the Downtown Mini Storage at 9200 El Camino Real, and was in agreement with the previous speaker. His facility is approaching the 20% vacancy rate and the new facility next to Ms. Jones has not even opened yet. He felt it would be tough to fill all his units with another facility in town. Chairperson Bentz closed the Public Comment period. Commissioner Kelley felt that because the entire facility has sprinklers and there is a hydrant directly across the street, the installation of a fire hydrant by the applicant is not necessary. He felt the applicant has met his requirements for fire prevention on the project without the addition of the hydrant. Commissioner Eddings supported Commissioner Kelley's remarks and stated he did not feel a dumpster is appropriate for the site because it will be constantly full from renter's trash and would end up being a problem for the applicant. Chairperson Bentz inquired of staff if the Uniform Fire Code requires the hydrant. Director Frace stated that the Uniform Fire Code applies to the spacing of hydrants, and the Commission would not have the flexibility of deviating from that, however this hydrant does not pose a spacing issue but rather to assist in fighting a fire. For this reason, the Commission would have some discretion on that. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt Planning Commission Resolution 2003-0008, the Commercial Center Conditional Use Permit 2001-0043, an application to construct a mini- storage facility consisting of 30,250 square -feet of storage building, a 2,450 square -feet and 1,550 square -foot commercial office building, parking lot, utilities, and landscaping on one vacant lot of record in the Commercial park zoning district with the elimination of Condition of Approval No. 13 regarding the fire hydrant. Vice Chairperson Fonzi expressed her concern that though she supports the applicant's right to build the facility, she wonders if it will sit vacant and become blighted given that the other mini - storage facilities in the area are underutilized. Commissioner Eddings reiterated his position that he does not feel it is the Commission's job to regulate enterprise, the market place will decide who stays and who goes. Commissioner Jones stated he has a problem with the fire hydrant issue. He would like clarification on the safety issue and would like to hear the reasons behind the condition before he would vote on it. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt Planning Commission Resolution 2003-0008, the Commercial Center Conditional Use Permit 2001-0043, an application to construct a mini -storage facility consisting of 30,250 square -feet of storage building, a 2,450 square -feet and 1,550 square -feet commercial office building, parking lot, utilities, and landscaping on one vacant lot of record in the Commercial park zoning district with the elimination of Condition of Approval No. 13 regarding the fire hydrant. AYES: Commissioners Kelley, Eddings, Porter and Chairperson Bentz NOES: Commissioners Jones and Fonzi ABSTAIN: None Motion passed 4:2 by a roll -call vote. 5. (CONDOMINIUM) TENTATIVE TRACT MAP 2002-0022: Applicant: Jim Shores, 6700 El Camino Real, Atascadero, CA 93422 Project Title: Proposed 3 -Building Industrial Condominium Tract Map Project Location: 4105 Traffic Way & Various Sequential Addresses Project An application for a Condominium Airspace Tentative Tract Map to provide for separate Description: ownership of four individual suites in each of three separate existing industrial buildings on three separate lots of record. Grading and construction are not required. The project will requires a common agreement for the maintenance of each building, and each parking and landscape area. The project is within a developed industrial area located on the east side of Traffic Way approximately 100 yards north of San Jacinto Street in the City Of Atascadero. The parcels will gain access directly from Traffic Way. General Plan Designation: Industrial Zoning District: Industrial Proposed CEQA Exemption by Statute Section 15.301. Class I- Existing Facilities. (k) Division of Environmental existing multiple family or single-family residences into common -interest ownership and Determination subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. Staff Adopt Resolution No. PC 2003-0011, recommending approval of Tentative Tract Map 2001- 0012 to the City Council subject to findings and conditions of approval. Recommendation Chairperson Bentz announced that Commissioner Jones would be stepping down from consideration of this item. Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ken Wilson, Wilson Land Surveys, applicant's representative, stated that Condition No. 7 should be removed, as it does not apply according to the ordinance. Mr. Wilson stated that this is a good project that will improve this area of Traffic Way. He indicated that there is an opportunity for the applicant to pick up some property from the railroad at the north end of the project and questioned whether in the CC&R's that area could be either excluded or as an option used for future development. Community Development Director Frace stated that staff is aware of the applicant's interest in expanding the industrial park by acquiring additional land from the railroad. At this point this has not been applied for and is not an active permit, therefore staff recommends removing it from the map; the applicant can file another map in the future, amend the CC&R's and add whatever additional lease spaces would be created at that time. Chairperson Bentz closed the Public Comment period. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0011 certifying the Proposed Mitigated Negative Declaration and approving Tentative Tract Map 2002-0022, a request to create 13 condominiums suites across three lots of record based on exhibits, findings and subject to conditions with the removal of Condition No. 7 and removal of the lease site from the map. AYES: Commissioners Fonzi, Porter, Kelley, Eddings and Chairperson Bentz NOES: None ABSTAIN: Commissioner Jones Motion passed 5:0 by a roll -call vote. 6. SINGLE FAMILY PLANNED DEVELOPMENT, ZONE CHANGE 2000-0008, MASTER PLAN OF DEVELOPMENT (CUP 2000-0024), VESTING TENTATIVE TRACT MAP 2001-0011: Applicant: Lorraine Russell / Doug Sholders 6805 Los Gatos Road, Atascadero, CA 93422 Project Title: 6340 ALCANTARA AVENUE SINGLE FAMILY PLANNED DEVELOPMENT, ZONE CHANGE 2000-0008, MASTER PLAN OF DEVELOPMENT (CUP 2000-0024), VESTING TENTATIVE TRACT MAP 2001-0011 Project Location: 6340 Atascadero Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 030-292-065 Project An application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. Description: The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow five (5) new single-family residences to be constructed in addition to the one (1) existing single-family residence. The Tentative Tract Map would create a six (6) lot subdivision. Environmental PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0049: Determination Based on the findings of the initial study, the Community Development Department recommends that the Planning Commission find that no significant harm would come to the Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. Commissioner Kelley stated for the record that he is for affordable and inclusionary housing. He expressed concern regarding the amount of money the applicant will invest in the deed restricted unit versus what she will be permitted to sell it for, in addition to which she has not received a density bonus. City Attorney Hanley explained the process for setting a price for the deed - restricted unit. Commissioner Kelley also felt that 10 years was too long a period of time for the deed restriction. PUBLIC COMMENT Douglas Sholders, 6805 Los Gatos Road, applicant's representative, gave a brief history of the project and explained the decorative features of the site. Mr. Sholders asked if there is a size requirement for the affordable deed restricted unit. He stated that he would prefer to not have a deed -restricted unit on the property, however he does not wish to jeopardize the project by not providing one. Director Frace explained there were no size limitations, but the sales price will be based on the family size, which is calculated by the number of bedrooms in the unit. Joan O'Keefe, 9985 Old Morro Road East, thanked staff for the detailed presentation on the tree protection for this site. She is glad affordable housing is being addressed in this project; this is a positive move and will start the process for future developments. Mrs. O'Keefe stated that she sees trees in decline in projects completed four to five years ago because of intrusion into the drip line. She feels it is time to consider bonding for areas where there is a possibility that trees may not survive. Chairperson Bentz closed the Public Comment period. There was Commission discussion regarding the time limit on the deed -restricted unit. MOTION: By Commissioner Jones to adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049, environment from approval of this project. The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff 1. Adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049; and, Recommendation 2. Adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on findings; and, 3. Adopt Resolution No. PC 2003-0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. Commissioner Kelley stated for the record that he is for affordable and inclusionary housing. He expressed concern regarding the amount of money the applicant will invest in the deed restricted unit versus what she will be permitted to sell it for, in addition to which she has not received a density bonus. City Attorney Hanley explained the process for setting a price for the deed - restricted unit. Commissioner Kelley also felt that 10 years was too long a period of time for the deed restriction. PUBLIC COMMENT Douglas Sholders, 6805 Los Gatos Road, applicant's representative, gave a brief history of the project and explained the decorative features of the site. Mr. Sholders asked if there is a size requirement for the affordable deed restricted unit. He stated that he would prefer to not have a deed -restricted unit on the property, however he does not wish to jeopardize the project by not providing one. Director Frace explained there were no size limitations, but the sales price will be based on the family size, which is calculated by the number of bedrooms in the unit. Joan O'Keefe, 9985 Old Morro Road East, thanked staff for the detailed presentation on the tree protection for this site. She is glad affordable housing is being addressed in this project; this is a positive move and will start the process for future developments. Mrs. O'Keefe stated that she sees trees in decline in projects completed four to five years ago because of intrusion into the drip line. She feels it is time to consider bonding for areas where there is a possibility that trees may not survive. Chairperson Bentz closed the Public Comment period. There was Commission discussion regarding the time limit on the deed -restricted unit. MOTION: By Commissioner Jones to adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049, and adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on the findings set forth in the staff report, and adopt Resolution No. PC 2003- 0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring as set forth in the staff report, and adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring and within that, the deed -restricted unit be for 10 years. Motion failed for lack of a second. MOTION: By Commissioner Kelley and seconded by Vice Chairperson Fonzi to adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049, and adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on the findings set forth in the staff report, and adopt Resolution No. PC 2003-0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring as set forth in the staff report, and adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring, and adjusting Item No. 15 to read five years for the deed -restriction. There was further Commission discussion regarding the time limit for the deed -restricted unit. Points made included: 1. This is the first step toward moderate income housing in the City and therefore the Commission shouldn't be shortchanging its life. 2. The issue of providing moderate -income housing is premature and there are no guidelines in place to follow. 3. The ten-year limit would be the best option if it was enforceable, but due to housing turnover within the City, monitoring will be difficult. 4. The ten-year limit may be the best, as it would allow for more than one family to take advantage of the deed restriction. 5. There is no structure to the program at this time and the issue of who will benefit from the equity is unclear. Chairperson Bentz reopened the Public Comment period. Ann Quinn, 7200 Toro Creek Road, suggested that equity would be accrued to the owner of the deed -restricted unit, as a greater percentage of their income will not be needed for housing and can go into savings. Chairperson Bentz closed the Public Comment period. A seven-year time limit was suggested as a compromise and the maker of the Motion and the second agreed to the change. MOTION: By Commissioner Kelley and seconded by Vice Chairperson Fonzi to adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049, and adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on the findings set forth in the staff report, and adopt Resolution No. PC 2003-0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring as set forth in the staff report, and adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring, and adjusting Item No. 15 to read seven years for the deed - restriction. AYES: Commissioners Kelley, Fonzi, Porter, Eddings, Jones and Chairperson Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS 7. REQUEST FROM COMMISSIONER BENTZ TO REAGENDIZE 3F MEADOWS MASTER PLAN OF DEVELOPMENT 3-F MEADOWS / PLANNED DEVELOPMENT 11 MASTER PLAN OF DEVELOPMENT DETERMINATION (CASTLEROCK DEVELOPMENT) Applicant: Castlerock Development, a CH Corporation, 202 H3 Tank Farm Road, San Luis Obispo, CA 93401 Project Title: 3-F Meadows / Planned Development 11 Master Plan of Development Determination Project Oak Ridge Estates at 3F Meadows Location: 812 acres located west of the end of San Marcos Road (San Luis Obispo County) Project Planned Development 11 (317 Meadows) requires a Master Plan of Description: Development to be approved for the entire project site prior to recordation of the final map. Staff is unable to make a determination of the Master Plan of Development consistency. The Planning Commission will forward its recommendation to City Council for consideration with the final map. General Plan Designation: Rural Estates Zoning District: Residential Suburban/ PD -11 Vice Chairperson Fonzi stepped down from consideration of this item, as she was not present at the last Commission meeting. Commissioner Kelley also stepped down from consideration of this item as he had done so at the last Commission meeting. Chairperson Bentz read into the record the letter he had received from Castlerock Development and which is included in the staff report on page 272. He asked Commissioner Jones to clarify his Motion from the January 7, 2003 meeting. Commissioner Jones explained why he made the Motion. He felt what the applicant said in his presentation made sense, that it was their belief and understanding that the Master Plan that had originally been adopted complied with the EIR and that any of the issues relating to exact placement of things could be done at the staff level. Commissioner Jones stated that his Motion put it squarely back at the Planning Department level using the language in the draft Resolution that essentially said that because the original lot line adjustment had been approved and the City Council certified the final EIR report, the lot line adjustment map was in conformance with the lot line adjustment map and that the Master Plan of Development essentially complies with that. Chairperson Bentz asked if there were any member of the Commission that did not understand the Motion to be in that frame. Commissioner Porter stated that upon seconding the Motion, he too felt that the Master Plan was consistent with the EIR and it was being directed back to staff. Commissioner Eddings agreed with Commissioner Porter and Jones. Chairperson Bentz stated that he thought at the last meeting the Commission was wrestling with the staff report that indicated that they were having a problem determining what was the Master Plan of Development and that there were two options in that report, Appendix B and Appendix A dated 11/14/02. He was thinking when he made his vote that this would allow the Community Development Director to decide whether or not he could issue the letter, and he was not intending to make a recommendation to the City Council. There was Commission consensus that their recommendation did not change. Community Development Director Frace asked if the recommendation was that the 11/14/02 plan is consistent and that it is the plan recommended for the Director to adopt. There was Commission consensus that this was the recommendation. 8. BROWN ACT TRAINING THE CITY ATTORNEY WILL BRIEF THE COMMISSION ON THE BROWN ACT REQUIREMENTS FOR OPEN MEETINGS. City Attorney Roy Hanley made a PowerPoint presentation on the Brown Act (Exhibit A), and answered questions of the Commission. COMMUNITY DEVELOPMENT STAFF REPORTS: Community Development Director Frace reported on a Smart Growth Conference hosted by San Luis Obispo County. All Commissioners are encouraged to attend and should contact Mr. Frace or Annette Manier in the Community Development Department if interested. ADJOURNMENT Chairperson Bentz adjourned the meeting at 9:44 p.m. to the next regularly scheduled meeting on February 4, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department. Exhibit A — City Attorney Roy Hanley, PowerPoint presentation on Brown Act \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes 01.21.03.gp.doc