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HomeMy WebLinkAboutPC Minutes 07-15-03ITEM NUMBER: 1 DRAFT DATE: 08/05/03 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting July 15, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:03 p.m. and Commissioner Jones led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, Jones, O'Keefe, Porter and Chairperson Fonzi Absent: Vice Chairperson Kelley Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Planning Services Manager Steve McHarris, Assistant Planner Kelly Davis, Associate Planner Kerry Margason, Fire Captain Peter Gaw and Recording Secretary Grace Pucci. APPROVAL OF AGENDA There was Commission consensus to approve the agenda. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 17, 2003. 2. FINAL MAP 2002-0029 (PARCEL MAP AT 00-034),9090 LA CANADA (TPM 2000-0009) DULITZ. Staff Recommends the Planning Commission accept Final Parcel Map 2002-0029 (Parcel Map AT 00-034). Commissioner Beraud pulled Consent Calendar Item #2. MOTION: By Commissioner O'Keefe and seconded by Chairperson Fonzi to approve Consent Calendar Item #1. AYES: Commissioners O'Keefe, Beraud and Chairperson Fonzi NOES: None ABSTAIN: Commissioners Bentz, Jones and Porter Motion passed 3:0 by a roll -call vote. Item #2: Commissioner Beraud questioned why this item was brought before the Commission as the staff report states that a final map consistent with the approved tentative map cannot be denied. Community Development Director Frace explained the map recording process to the Commission. MOTION: By Commissioner Jones and seconded by Commissioner Bentz to approve Consent Calendar Item #2. YES: Commissioners Jones, Bentz, Beraud, Porter and Chairperson Fonzi NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS Community Development Director Warren Frace announced that Item #5 on the agenda has been continued to the August 19, 2003 Planning Commission meeting. 3. TREE REMOVAL PERMIT 2003-0038: 5320 TRAFFIC WAY Request to remove two (2) native oak trees in excess of 24 " dbh, in conjunction with the development of a new single-family home located at 5320 Traffic Way. (APN29-061-045) Staff recommends: The Planning Commission adopt Resolution PC 2003-0065 to approve the request to remove two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and subject to project conditions. Community Development Director Warren Frace provided the staff report and answered questions of the Commission PUBLIC COMMENT Steven Alvarez, Arbor Tree, project arborist, addressed questions raised by the Commission. Chairperson Fonzi closed the Public Comment period MOTION: By Commissioner O'Keefe and seconded by Commissioner Jones to approve the removal of the trees. AYES: Commissioners O'Keefe, Jones, Beraud, Bentz, Porter and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 4. ZONE CHANGE 2002-0035, CONDITIONAL USE PERMIT 2002-0082, TENTATIVE TRACT MAP 2002-0026 Applicant: Midland Pacific, 6955 El Camino Real, Suite 200, Atascadero, CA 93422; Phone: 805/466-5100 Project Title: The Colony at Apple Valley - Zone Change 2002-0035, Conditional Use Permit 2002-0082, Tentative Tract Map 2002-0026 for a 70 -lot single-family residential subdivision. Project Location: Del Rio Road, Lot 15, 16, 17, 21 and a portion of Lot 20 Block 23 Atascadero, CA 93422 (San Luis Obispo County) APN 049-191-002, 026, 027, 028, 030. Project The proposed project consists of an application for a Planned Development Overlay Zone, Conditional Description: Use Permit, and Tentative Tract Map. The proposed project consists of a 70 -lot single-family residential subdivision with a 5.50 -acre park and 2.39 acres of open space on a 28 -acre site located between Del Rio Road and Conejo Road, one block West of U.S. Highway 101. The project will include 56 lots of approximately 8000 square feet and 14 lots of approximately 5,000 square feet. The project includes a request to remove 62 native trees. General Plan Designation: Single Family Residential Zoning District: Residential Single Family Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review from 6/30/03 Determination through 7/29/03 at 6500 Palma Avenue, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Planning Services Manager Steve McHarris provided the staff report and with City Engineer Steve Kahn answered questions of the Commission. PUBLIC COMMENT Dennis Moresco, President and CEO Midland Pacific Building Corporation (applicant), gave a brief history of the project and addressed the following issues: 1. Park site: When originally proposed, the park was meant to be private. It was the choice of some Planning Commissioners and the majority of the City Council that the park become public, for staff the issue then became one of maintenance of a public park. Though he can go either way on whether the park should be public or private, it was his contention that a homeowners association should not maintain a public park. In trying to find a balance on this issue he proposed the $50,000 a year in an annual C.D., with the condition that the park be maintained. 2. Trellises: Trellises do not fit with the architecture of the project and as they don't last past 10 years, he is not in favor of them. 3. Elevation C: He does not agree with staff in regard to the architecture on Elevation C. He feels when this elevation is taken in the context of the streetscape and the layout of the houses on the street this house fits in. Mr. Moresco feels there are things that can be done with Elevations A and B in the affordable area, but he feels it would be better to spend more money on front yard landscaping. Mr. Moresco asked for clarification on the issues of indemnification, homeowners association vs. a benefit maintenance district (he can go either way on this issue), Condition of Approval No. 70 regarding sewer extensions, and Condition of Approval (Exhibit B Mitigation Monitoring) No. 4 (he requests that if this is a public park he receive an offset for the park fees). Mr. Moresco answered questions of the Commission. Steve Alvarez, project arborist answered questions of the Commission. Richard Bastain, 6225 Conejo Road, stated his property is adjacent to this project. He stated the following concerns: 1. Encroachment of people onto his property. He would like a fence built to protect his property. 2. Impact on wildlife in the area. 3. Light pollution and its impact on surrounding areas. 4. Size of lots and loss of open space. 5. Runoff into Graves Creek from the project. 6. Sewer impacts. Richard Grove, 6155 Conejo Road, expressed the following concerns with this project: I. Long range impacts to residents on Conejo Road from sidewalks, curbs and gutters on one side of the road. 2. Runoff from those gutters on the south side of Conejo Road, which is lower than the north side. 3. Will Conejo Road residents be required to hook up to the sewer lines? 4. Will the road coming out of this project cause headlights to shine directly into his or his neighbor's windows? 5. Will utilities be underground? 6. Will backyards be fenced? Tera Conrad, 6086 Del Rio Road, asked several questions regarding this project: 1. Will there be streetlights in the neighborhood and will they remain on all night? 2. Will there be a traffic signal? 3. What are the traffic impacts? 4. What will be the street widths from the new San Ramon to Del Rio? 5. How will the sewer affect water pressure? 6. What is the distance between each home? 7. Where will the curb and gutters go, where will they drain, and how will this affect the creek? 8. Will there be a sprinkler system in the park and what will happen to park maintenance in five years when the funding stops? Travis Keating, 3655 Monterey Road, asked if other property owners in the area will be able to split their properties or is this a one-time action for this developer only? Mr. Keating feels if the park is designated as a city park it should have public restrooms. Gearldine Braser, Monterey Road, asked if there are plans for a wildlife corridor for this project. She agrees that the park would need public restrooms if it were to be a city park. Daphne Fahsing asked about the 65 trees that are to be cut down. Randy Kenny, 5185 Anado Avenue, inquired how one would go about getting on the list to purchase one of these homes. He feels that the length of time one has been a resident of Atascadero should have some bearing the issue. Mr. Kenny asked if others could split their properties in the future as this developer has done. Cody Thompson, 6059 Del Rio Road, stated that he moved here because of the rural nature of the area and feels this project is more urban in appearance, especially given that there are only four different elevations available within the project. He would like more of a buffer between his property and the new development. Chairperson Fonzi closed the Public Comment period. Chairperson Fonzi asked staff and the applicant to address questions raised during the Public Comment period. Commissioner Jones felt this was a thorough presentation and he hopes that future presentations will be as good as this one. His concerns are with safety issues at the entry way and Condition of Approval No. 6, which he feels can be amended to satisfy the developer while addressing the concerns of staff. Commissioner Beraud referred to page 62 of the staff report item (d) and requested a condition be added for an assessment for non anticipated damage, these fees would be paid into the mitigation fund and applied for those losses and alternately credited for those trees that are saved. Commissioner O'Keefe commented that the biologist had mentioned in his report that pets should not be brought to the worksite. She felt workers who bring their pets to the worksite should not be permitted to let those animals run loose, and that perhaps this should be a condition of approval. Regarding the tree issue raised during the Public Comment period, she felt that for a project of this size, the removal of 65 trees is not a lot. There was Commission discussion regarding the issue of a public vs. a private park in this project. Concerns expressed were: maintenance, inclusion of public restrooms, parking, signage, the finding of "public benefit" necessary to qualify for the PD if the park is private, and residents of the project feeling intruded upon by the public if it is designated as a city park. It was the feeling of the Commission that this park is meant for the people who live within the project area and as such should be maintained by the residents either through a homeowners association or maintenance district. Additionally, it was felt that the park area is a sensitive site and a potential habitat for displaced wildlife in the area and paving it over for parking or public restrooms would detract from these qualities. Regarding Condition of Approval No. 6, there was Commission discussion regarding the embellishments and which elevations would be affected. There was consensus that staff should be empowered to work with the developer to place the emphasis on the entrance to the home rather than the garage, that the word "trellis" be removed and that this condition would apply to Elevations A, B and C. MOTION: By Commissioner Bentz and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2003-0060 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0016; and adopt Resolution No. PC 2003-0061 recommending that the City Council introduce an ordinance for first reading to establish Planned Development #19 (Zone Change 2003-0056) based on findings; and, adopt Resolution No. PC 2003-0062 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0035 establishing a PD -19 overlay district based on findings; and, adopt Resolution No. PC 2003-0063 recommending that the City Council approve the Master Plan of Development for PD -19 (CUP 2002-0082) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution No. PC 2003-0064 recommending the City Council approve Vesting Tentative Tract Map 2002-0026, based on findings and subject to Conditions of Approval and Mitigation Monitoring with the following amendments: I. Condition No. 6: remove the word "trellis" and have the developer and City staff work on appropriate language to require architectural embellishments either through landscaping and/or architectural design, and 2. Add paragraph (e) to Mitigation Measure 4.e.2 to add an assessment for non - anticipated damage, fees to be paid into a mitigation fund for losses with a credit for trees that can be saved. AYES: Commissioners Bentz, O'Keefe, Jones, Beraud, Porter and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Commissioner Beraud asked if the Commission could receive their packets sooner on projects of this size. Commissioner O'Keefe referred to the interim inclusionary housing policy and asked for clarification on the affordability percentages how they would work with the incentives offered. Director Frace explained the policy to the Commission. Community Development Director Frace gave the Commission an outline of projects coming before the Commission in the next few months. Chairperson Fonzi inquired about the homeless shelter and if it would be coming before the Commission. Director Frace stated that the shelter requires a Conditional Use Permit and would therefore be coming before the Commission. Staff is waiting for the applicant to meet all goals set by the City Council for the project. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:10 p.m. to the next regularly scheduled meeting on August 5, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes. 07-15-03.gp.doc