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Home My WebLink AboutPC Minutes 05-20-03CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting May 20, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:02 p.m. and Commissioner O'Keefe led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Jones, O'Keefe, Porter, Kelley and Chairperson Fonzi Absent: Commissioner Bentz Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris, Associate Planner Glenn Rider, Assistant Planner Kelly Davis and Recording Secretary Grace Pucci. APPROVAL OF AGENDA There was Commission consensus to approve the agenda. PUBLIC COMMENT Jodi Smith, EOC Homeless Services, 5411 El Camino Real, updated the Commission on public workshops scheduled for May 281h and June 1 lth. The issue of an overnight shelter will be the subject of both workshops. Ms. Smith submitted a flyer on the workshops to the Commission. (Exhibit A) Chairperson Fond closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 6, 2003. 2. TIME EXTENSION (TEX 2003-0009) REQUEST FOR LOT LINE ADJUSTMENT 2000-0001: 9123 SAN RAFAEL ROAD, WORTHAN/STEWART. 3. TIME EXTENSION (TEX 2003-0008) REQUEST FOR TENTATIVE TRACT MAP 25-89: 5808 CAPISTRANO AVENUE, HOTEL PARK GROUP/GLEN LEWIS. Commissioner O'Keefe pulled Consent Calendar Items #2 and 3. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to approve Consent Calendar Item #1. AYES: Commissioners Jones, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. Item #2: Commissioner O'Keefe referred to finding No. 1 regarding substantial site work being uncompleted, and asked what the circumstances were in this case. Associate Planner Glenn Rider explained that due to financial reasons, the applicant was unable to complete the project, however, this will be the last one-year time extension allowed. Associate Planner Rider answered additional questions of Commissioner O'Keefe. Commissioner Bentz joined the Planning Commission at 7:10 p.m. MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to approve Consent Calendar Item #2. AYES: Commissioners Jones, O'Keefe, Beraud, Porter, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. Item #3: Commissioner O'Keefe questioned if this would be the final extension for this project. Associate Planner Rider indicated there would be no further extensions; this is the final one-year extension. MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to approve Consent Calendar Item #3. AYES: Commissioners Jones, O'Keefe, Porter, Bentz, Beraud, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7: 0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE REMOVAL PERMIT 2003-0036: 2135 SAN FERNANDO RD. Request to remove sixty-two (62) native oak trees, ten of which are in excess of 24 "dbh, in conjunction with the development of an 4, 000 square foot new single-family home located at 2135 San Fernando Rd. (APN049-281-012) Staff recommends: The Planning Commission make finding #5 that the project cannot be reasonably redesigned to avoid the need to remove 62 native oak trees and adopt Resolution PC 2003-0056 to approve the request to remove the sixty-two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and subject to project conditions. Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. PUBLIC COMMENT Mark Davis, project engineer, answered questions raised by the Commission concerning grading, retaining walls, the drainage swale and placement of the driveway. Dan Phillips, applicant, answered questions of the Commission. Chip Tamagni, Arbor Tree Surgery, answered questions of the Commission. Eric Greening, 7365 Valle, expressed concern that there was no paper trail to demonstrate an alternate design for the driveway had been considered along with cost comparisons. Mr. Greening also inquired whether the Fire Department might require more tree removals at some time in the future. Steve Alvarez, Arborist, responded to the issue of the Fire Department requiring thinning of trees on the property. He made the point that it is not a thinning perspective with the Fire Department, but rather a perimeter border that is defensible. Ken Wilson, land surveyor for project, discussed the process the applicant had used to determine the placement of the driveway and stated that it doesn't make sense to submit an alternative design if it is not feasible. Eric Greening commented that looking at the curve in the street, there might not be a good place to put the driveway that would avoid potential problems, and expressed concern regarding site distance to and from the road. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe stated that she did not see how the Commission could make the finding that the driveway could not be reasonably designed to avoid the need for tree removal due to the fact that only one plan had been submitted. Vice Chairperson Kelley felt the surveyor had a great deal of experience in this type of project and that there is basically no other way to get up the hill, and he supports the tree removal request. Commissioner Porter agreed with Vice Chairperson Kelley and would rather leave the decision on alternative designs to the experts. Commissioner Beraud indicated that only difficult lots remain to be developed in Atascadero. She feels the Commission must follow the General Plan guidelines and that the applicant should be expected to give design alternatives.. However, she is willing to support the tree removals because of the attached conditions of approval. Commissioner Bentz felt the applicant's representatives provided adequate credentials to determine the best design for the driveway. He supports the tree removal request. Commissioner Jones stated he also supports the tree removals. He knows the experts the applicant has hired and feels they do an excellent job. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to make finding #5 that the project cannot be reasonably redesigned to avoid the need to remove 62 native oak trees and to adopt Resolution PC 2003-0056 to approve the request to remove the sixty-two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and subject to project conditions. AYES: Commissioners Jones, Bentz, Beraud, Porter, Kelley and Chairperson Fonzi NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 6:1 by a roll -call vote. PUBLIC HEARINGS 5. ZONE CHANGE 2002-0034, CONDITIONAL USE PERMIT 2002-0078, TENTATIVE TRACT MAP 2002-0024. Applicant: Rancho De Paraiso LLC, 6250 San Gabriel Road, Atascadero, CA 93422 Project Title: Zone Change 2002-0034 / Tentative Tract Map 2002-0024 / Conditional Use Permit 2002-0078: A Two -Lot Planned Development Subdivision Project Location: 6205 San Gabriel Road, Atascadero, CA 93422 (San Luis Obispo County) APN 054-192-001 & 054-111-051, portion of 054- Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ken Wilson, surveyor for the applicant, answered questions of the Commission. Richard Di Benedetto spoke on behalf of four homeowners on San Gabriel expressing their concerns with the proposed subdivision in a prepared statement. (Exhibit B) Sue Baca, neighbor, stated her concern that this development was represented a certain way by the real estate agents representing the properties, however, now that they are in their homes, those representations are being changed and she questions where the next change will come from. Jim Baca presented his concern that in looking at the CC&R's for the neighborhood, it is his understanding the oak preservation goes all the way across, and that lots 1 and 2 are in one piece and are already part of the preservation. He questioned why this was not part of the original project and why lots 1 and 2 are now separate lots. Chairperson Fonzi closed the Public Comment period. Chairperson Fonzi asked staff to address concerns raised during the Public Comment period. Community Development Director Warren Frace explained why this lot could be subdivided, why it was not combined with the other lot, minimum lot sizes, and the issue of two APN numbers. Commissioner O'Keefe stated she understands the neighbors concerns, however she feels staff has come up with the best possible solution for these lots. 181-006. Project The project is a proposed Planned Development subdivision of an existing vacant Description: 8.12 -acre legal lot of record into two parcels of 1.09 and 7.03 acres each. The Planned Development overlay zone would allow one parcel to exist below the minimum lot size in order to correct a physical lot division by a public roadway and provide an environmentally superior building site. General Plan Designation: Residential Estates (RE) Zoning District: Residential Suburban (RS) 2.5-10 acre minimum lot size based on performance standards. Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination review from 4/23/03 through 5/20/03 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 2003-0052-55, certifying the Recommendation proposed environmental determination, and approving Zone Change 2002-0034, Tentative Tract Map 2002-0024, and Conditional Use Permit 2003-0078, a request to subdivide one 8.12 -acre parcel into two parcels of 1.09 and 7.03 acres each with a Planned Development Overlay and within the Residential Suburban zone, based on findings and subject to conditions. Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ken Wilson, surveyor for the applicant, answered questions of the Commission. Richard Di Benedetto spoke on behalf of four homeowners on San Gabriel expressing their concerns with the proposed subdivision in a prepared statement. (Exhibit B) Sue Baca, neighbor, stated her concern that this development was represented a certain way by the real estate agents representing the properties, however, now that they are in their homes, those representations are being changed and she questions where the next change will come from. Jim Baca presented his concern that in looking at the CC&R's for the neighborhood, it is his understanding the oak preservation goes all the way across, and that lots 1 and 2 are in one piece and are already part of the preservation. He questioned why this was not part of the original project and why lots 1 and 2 are now separate lots. Chairperson Fonzi closed the Public Comment period. Chairperson Fonzi asked staff to address concerns raised during the Public Comment period. Community Development Director Warren Frace explained why this lot could be subdivided, why it was not combined with the other lot, minimum lot sizes, and the issue of two APN numbers. Commissioner O'Keefe stated she understands the neighbors concerns, however she feels staff has come up with the best possible solution for these lots. Chairperson Fonzi expressed concern about setbacks on proposed parcel 1 and reopened the Public Comment period to allow a representative of the homeowners to address this issue. PUBLIC COMMENT Richard Di Benedetto spoke for the homeowners and explained that on the northwest corner of proposed lot 1 there is a home on five acres where the owner intends to build a swimming pool. He understands that the proposed home on parcel 1 will be constructed very close to that area and this would overlook the pool. He stated that siting of the house would depend on the size of the proposed house and the location of the oak tree. Mr. Di Benedetto asked why proposed parcel 1 is not being designated as the open space land. Chairperson Fond closed the Public Comment period. Commissioner Jones stated that he understands the concerns expressed by the neighbors and feels staff has explained to his satisfaction how this situation came about. MOTION: By Commissioner Jones and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0055 recommending the City Council certify the proposed Mitigated Negative Declaration 2003-0015 prepared for Zone Change 2002-0031, Tentative Tract Map 2002-0015; and Conditional Use Permit 2002- 0078, and adopt Resolution No. PC 2003-0052, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002- 0034; and amend the City's Zoning Map to add a PD 16 overlay district to the project area, and adopt Resolution No. PC 2003-0053 and approve the Conditional Use Permit 2002-0078, a Master Plan of development for the project site consistent with PD -16 and would include the easement for the tree as it exists on Parcel No. 1 and defining the easement as encompassing just the drip line, and adopt Resolution No. PC 2003-0054 recommending the City Council approve Tentative Tract map 2002-0024, a request to subdivide an 8.12 -acre parcel into two parcels; one at 1.09 acres, and one at 7.09 acres, all acreages gross, based on findings and subject to conditions. AYES: Commissioners Jones, Porter, O'Keefe, Beraud, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. 6. TPM 2003-0037: 3955 MONTEREY RD Applicant: John Kuden, PO Box 3605, San Luis Obispo, CA 93403 805-541-6257 Project Title: Tentative Parcel Map 2003-0037 Project Location: 3955 Monterey Rd, Atascadero, CA 93422, San Luis Obispo County APN 049-221-049 Project A proposed subdivision of an existing 3.85 -acre lot into two individual parcels of Description: 1.67 and 2.18 gross acres. The site is currently developed with a single-family residence which will be confined to one lot to allow the new lot to be developed with a new single-family residence. The parcels are slight to moderately sloped and contain several native oak trees. The newly created parcel averages slopes of 16%. The property will be served by City sewer and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR). Zoning District: Residential Single Family -Z (RSF-Z) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination review from 4/22/03 through 5/11/03 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 PC 2003-0048, certifying the proposed Recommendation Mitigated Negative Declaration 2003-0014 and approving Tentative Parcel Map 2003-0037, a request to subdivide one lot totaling 3.85 acres into two parcels of 1.67 and 2.18 -acres gross, based on findings and subject to conditions. Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. PUBLIC COMMENT Pamela Jardini, applicant's representative, answered questions raised by the Commission regarding the sewer line. Chairperson Fonzi closed the Public Comment period. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to adopt Resolution PC 2003-0048, certifying the proposed Mitigated Negative Declaration 2003-0014 and approving Tentative Parcel Map 2003-0037, a request to subdivide one lot totaling 3.85 acres into two parcels of 1.67 and 2.18 -acres gross, based on findings and subject to conditions. AYES: Commissioners Jones, O'Keefe, Beraud, Porter, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Chairperson Fonzi took a straw vote of those planning to attend the affordable housing symposium on May 30th: four Commissioners will be attending. Commissioner Beraud referred back to the PD 16 and asked if the applicant will be required to come back with the native tree removals. Director Frace stated the tree removals will require an approval when the house on the hill comes back before the Commission. Community Development Director Frace updated the Commission on the inclusionary housing joint session and the follow up meeting to be held on June 4, 2003. Mr. Frace asked Commissioners to inform staff early if they will be gone during the summer, as there are many projects scheduled to come before the Commission. He also informed the Commission that the City Council would be receiving a presentation from LAFCO on the Eagle Ranch sphere of influence amendment. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 9:16 p.m. to the next regularly scheduled meeting of the Planning Commission on June 3, 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 — Jodi Smith, EOC Homeless Services — Workshop flyer Exhibit B — Richard Di Benedetto — Letter from neighbors \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes 05-20-03.gp.doc