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HomeMy WebLinkAboutPC Minutes 11-04-03CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting November 4, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:04 p.m. and Vice Chairperson Kelley led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, O'Keefe, Porter, Vice Chairperson Kelley and Chairperson Fonzi Absent: Commissioner Jones Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris, Associate Civil Engineer Jeff van den Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Porter to approve the agenda. AYES: Commissioners Bentz, Porter, Beraud, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a Noll -call vote. PUBLIC COMMENT Eric Greening invited the Commission to attend the "Day of the Oak", on Saturday, November 8, 8:30 a.m. (program begins at 9:00 a.m.) in the City Hall Rotunda Room. Chairperson Fonzi closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 21, 2003. Chairperson Fonzi requested the Minutes of October 21, 2003 be amended as follows: Page 4, lines five and six of the Motion to read, 1) staff will work with the applicant regarding the replacement of reed ledge stone around and in front of the buildings... MOTION: By Commissioner Bentz and seconded by Vice Chairperson Kelley to approve the Minutes of October 21, 2003 as amended. AYES: Commissioners Bentz, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2003-0041: 6380 NAVARETTE AVE. Request to remove two (2) native oak trees, one being greater than 24 "dbh, in conjunction with the development of a 1, 615 square foot new single-family home located at 6380 Navarette Ave. Staff recommends: The Planning Commission adopt Resolution PC 2003-0103 to approve the request to remove two (2) native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Assistant Planner Lisa Williamson provided the staff report and answered questions of the Commission. PUBLIC COMMENT Steven Alvarez, arborist for the applicant, answered questions of the Commission. Upon being shown by Commissioner Beraud the route of the gas line and its incursion on several of the oak trees, Mr. Alvarez stated the gas line would be rerouted. Lisa Hoyal, applicant, spoke about the site, her plans for the house and the tree removals. Eric Greening complimented the applicant for preserving most of the trees on the site. He expressed concern regarding the impact of the leach field and questioned if its effect on the oak trees is being underestimated. He also asked what monitoring would be done on the site over time. Steven Alvarez addressed the leach field question raised by Mr. Greening. He felt the proposed leach field for the first phase would not impact the trees. Regarding the future leach field expansion area, he requested that it be put in some sort of a pit as it would be going down into some 100% drip line zones. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner Porter and seconded by Commissioner O'Keefe to adopt Resolution PC 2003-0103 to approve the request to remove two (2) native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. AYES: Commissioners Porter, O'Keefe, Beraud, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 3. Zone Change 2003-0053, Conditional Use Permit 2003-0102, Tentative Tract Map 2003-0034 for a 5 -lot PD -7 Subdivision Applicant: Rex Bennett, 5785 San Jacinto Avenue, Atascadero, CA 93422, (805) 462-2381 Project Title: 5785 San Jacinto Avenue; PD -7; Zone Change 2003-0053, Conditional Use Permit 2003- 0102; Tentative Tract Map 2003-0034 for a 5 -lot PD -7 subdivision. Project 5785 San Jacinto Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-301-039 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, Description: and Tentative Tract Map. The proposed project consists of four new single-family homes and the retention of one existing single-family home located on individual lots that will be developed under the requirements of the PD -7 overlay district within the Residential Multi - Family (RMF -10) zoning district. The project includes one home per lot each with a two -car garage and a single guest parking space. No native trees will be removed. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family — RMF -10 Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The proposed Mitigated Negative Declaration was available for public review from Proposed 10/15/03 through 11/3/03 at 6500 Palma Avenue, Community Development Department, Environmental from 8:00 a.m. to 5:00 p.m., Monday through Friday. Determination: Community Development Director announced that Agenda Item No. 5 is being continued to November 18, 2003. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Rex Bennett, applicant, commented that he had tried to save the oak tree on the site, but that it is a hazard and must be removed. Mr. Bennett answered questions of the Commission. Steven Alvarez, arborist for the applicant, answered questions of the Commission. Eric Greening, 7365 Valle, indicated that he would be more comfortable if staff worked with the applicant to reduce the number of boxed replacement oaks, even to zero, and increase the payment into the tree fund, unless sites for the trees can be identified that won't be impacted by either hard-scaping or irrigation. He felt there was no point in mitigating with trees that will not have a natural full life span. Mr. Greening expressed concern with the drainage basins, which are located in areas were children could potentially be playing. Ron Greiter, project engineer, discussed the retention basins and indicated that they would be shallow and incorporate outlets draining to the street. Chairperson Fonzi closed the Public Comment period. Commissioner Beraud stated she was not comfortable with the density of the project; she felt four units would have been a better fit than five. The side yards are quite small and she indicated that the site would be more appropriate for duplexes or triplexes or some other type of development that would not completely change the look of the lot. She was concerned with the amount of grading necessary and the impacts to some of the trees. Additionally, Commissioner Beraud did not feel this fit with the surrounding neighborhoods. Commissioner O'Keefe indicated that she agreed with Commissioner Beraud's comments. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0110 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0057; and adopt Resolution No. PC 2003-0111 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0053 based on findings; and, adopt Resolution No. PC 2003-0112 recommending that the City Council approve the Master Plan of Development (CUP 2003-0102) based on findings and subject to Conditions of Approval and Mitigation Monitoring with a finding to approve a 10 foot front setback for the existing residence and with the additional condition as recommended by staff that the upper floor of units 1, 2, and 3 be adjusted to provide a 15 foot minimum setback from the rear property line; and, adopt Resolution No. PC 2003-0113 recommending the City Council approve Venting Tentative Tract Map 2003-0034 based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, applicant is to work with staff to find appropriate trees that would fit the site. AYES: Commissioners Porter, Bentz, Kelley and Chairperson Fonzi NOES: Commissioners O'Keefe and Beraud ABSTAIN: None Motion passed 4:2 by a roll -call vote. 4. Tentative Tract May 2003-0040: NW Corner of Pueblo & San Luis Ave. Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, 461-7504 Owner: Morro Road Homes, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Tentative Tract Map 2003-0040 Project Northwest corner of Pueblo and San Luis Avenues (San Luis Obispo County) Location: APN Portion of 030-232-015, 016, 024, 028 Project The proposed project consists of a tentative tract map subdividing one existing parcel into Description: three parcels. The property is currently under development with a commercial service center. The project site is located within the CR (Commercial Retail) zoning district. Access is from Pueblo Avenue. General Plan Designation: GC Zoning District: CR Proposed This project is exempt from CEQA per CEQA Guideline 15315. Environmental Determination: Vice Chairperson Kelley stated he would be stepping down from consideration of this item, as he will have a future business connection with this project and the applicant. Commissioner Porter stated that he would be stepping down from consideration of this item, siting he has a relationship with the applicant regarding the pending sale of the subject properties. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions raised by the Commission. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Chairperson Fonzi to adopt Resolution No. PC 2003-0109 approving Tentative Tract Map 2003-0040, a request to subdivide one parcel totaling 24,282 square feet into three parcels of 6,870 square feet, 6,278 square feet and 11,133 square feet, based on findings and subject to conditions. AYES: Commissioners O'Keefe, Beraud, Bentz and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 4:0 by a roll -call vote. Commissioner Porter and Vice Chairperson Kelley rejoined the hearing. 5. TO BE CONTINUED TO NOVEMBER 18, 2003 Tentative Parcel Map 2003-0048: 8710 Old Santa Rosa Road 2 -lot Applicant: Loren and Margaret Baldwin, 8710 Old Santa Rosa Road., Atascadero, CA 93422 Owner: Loren and Margaret Baldwin, 8710 Old Santa Rosa Road., Atascadero, CA 93422 Project Title: Tentative Parcel Map 2003-0048 Project 8710 Old Santa Rosa Road, Atascadero, CA Location: (San Luis Obispo County) APN 056-151-021 Project The proposed project consists of a parcel map subdividing one existing parcel into two Description: parcels. Proposed parcel 1 is currently developed with two single family dwellings and Description: there would be no further development on this lot. Proposed parcel 2 is currently developed with an single family dwelling and would be allowed an additional secondary unit, no greater than 800 square feet. The project site is located within the Residential Single Family —Y (1 acre minimum) zoning district. The project will continue to take access from Old Santa Rosa Road. Onsite septic systems will be used for wastewater and water service will be provided by Atascadero Mutual Water Company. General Plan Designation: SFR -Y Zoning District: RFS -Y Proposed This project is exempt from CEQA per CEQA Guideline 15315. Environmental Determination: 6. Conditional Use Permit Conformity: Ralphs Custom Meats Owner: Tom Dorsey, 8225 Lake Nacimiento Drive, Paso Robles, CA 93446 Project Planning Commission Review Hearing of Conditional Use Permit U821025, 5400 Title: Carrizo Road: Ralph's Custom Meats. Approved by Atascadero Planning Commission December 6, 1982 Project 5400 Carrizo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-101-012 Project The Planning Commission will be holding an informational hearing for the purpose Description: of reviewing the status of the conditional use permit for Ralphs Custom Meats, the conditions of approval and the business' compatibility with the neighborhood. General Plan Designation: Single Family Residential '/z acre (SFR -X) Zoning District: RSF-X Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Tom Dorsey, owner, answered questions raised by the Commission. Eric Greening indicated that there was a history on this site of un -permitted expansion, and if the site is maxed out and the business is increasing by 10% a year, it will either put further incompatibilities on the site or the business would have to be located to a new site. He urged the Commission to subject any continuing operation to a sunset when this item would be re- examined. Brent McAllister, 4435 Carrizo Road, stated he has watched many vehicles access the site in a short time frame, and he felt the traffic numbers as presented are inadequate. He would like the owner to stay in business, but in another location, not in a residential neighborhood. Karen Bailey stated her father lived across the street from the business at 5605 Carrizo Road until he passed away in May. Ms. Bailey read some of her father's comments on the business including: 1) the business across the street has created chaos and constant loud noise, 2) the delivery trucks for this site are so large they have ripped down the cable television lines and at times have made deliveries at 2:00 a.m. awakening him, and 3) some of his long-time neighbors will be moving to escape the changes to the neighborhood and the noise. Ms. Bailey added some comments of her own including blockage of her driveway and traffic backups due to the delivery trucks, and the number of employees on the site and the fact that they are not housed on the site per the conditions of approval. She disagreed with the delivery figures as presented, and felt this commercial business does not belong on a residential street. Keith Jones, 1535 El Camino Real, indicated that back in 1982 when the original owner of the business came around to the neighbors, he signed the petition to allow the business in order to help his neighbor. He did not realize that the Conditional Use Permit was specific to the property and that it would transfer to the new owner of the property. He feels the business has experienced a lot of growth under the new owner and is no longer a small neighborhood family business. Anita Ralphs, 5703 Carrizo Road, stated that she does not have a problem with the business or the owner, but rather objects to the business being located in a residential neighborhood. She feels it affects the property values in the area and that the increase in volume of business has surpassed the original intent of the Conditional Use Permit. Casey Sullivan, 5400 Carrizo Road, indicated that she lives next door to the business, and raised the following issues: 1) the original CUP required all employees to be residents of the property, this helped to keep the business small, 2) this business has grown significantly and no longer belongs in a residential area, 3) the business is inconsistent with the character of the neighborhood, 4) traffic impacts in the area are significant and the figures presented in the report are not accurate, and 5) who will enforce the conditions of approval. She feels this is a commercial business and does not belong in a residential area, she urged the City to revoke the permit. Chairperson Fonzi asked that a letter from Mrs. Sufranack in support of the business be entered into the Minutes. (Exhibit A) Chairperson Fond closed the Public Comment period. Chairperson Fond recessed the hearing at 8:52 p.m. Chairperson Fond called the meeting back to order at 9: 00 p.m. Commissioner Bentz indicated that he is sympathetic to both sides of this issue. He stated that the CUP goes with the sale of the property and can't just be taken away from the existing property owner; a process must be followed that is reasonable and fair to all. Vice Chairperson Kelley stated he could feel for both sides in this case. He expressed concern with the traffic issue and number of trips per day and felt the truck deliveries could be limited to bobtail trucks (2 axels and a length limit of 28 feet) and the hours of deliveries could be limited. The original CUP is 21 years old and the scope of the business has changed creating the traffic issue. Vice Chairperson Kelley suggested the City Engineer work with a private contractor to survey the traffic over a 30 -day period to determine the traffic flow accurately. He would not like to see the CUP revoked as the business is providing employment opportunities, and felt there could be some compromises. Commissioner O'Keefe agreed that this is a difficult situation, but a CUP is conditional upon meeting the stated conditions, which have not been enforced. She feels there have been several violations of the conditions including the original size of the building, which has doubled to 1300 square feet, the condition that all employees shall live on the property, hours of operation, number of allowable company vehicles, and meat processing being limited to curing. The conditions of approval do not say anything about retail sales. She feels the existing business places an unreasonable burden on the neighbors and expressed concern about the large trucks that make deliveries and leave their engines idling in the neighborhood. Regarding enforcement, she is concerned that it is difficult to enforce the conditions and monitor the site. Commissioner O'Keefe feels the business has changed to the point that it is impacting the quality of life in the neighborhood and it is time for the business to look for a new site. Commissioner Porter also agreed that this is a difficult situation, but he feels there can be a balance between the needs of the applicant and the neighborhood. He would like to see, through the amendment of the Conditional Use Permit, that a balance be achieved between the two sides. He agrees there should be a traffic study, as this appears to be the biggest issue. Commissioner Porter supports the amendment of the CUP rather than asking the applicant to relocate. Commissioner Beraud expressed uncertainty that the majority of the residents could be satisfied because the use must be compatible with the immediate neighbors not just the majority. She indicated that she had visited the site on what appeared to her to be a slow day and it didn't seem like there was a lot of impact however, the concerns of the neighbors must be considered. She has spoken to people who use the services of this business and they were quite pleased leading her to conclude that they would follow the business if it relocated. Commissioner Beraud stated she was leaning toward revoking the CUP, and though she is skeptical that it can be done, she would be interested in examining whether the permit can be amended to make it compatible with the neighborhood. Chairperson Fonzi felt the crux of the problem hinges on the residency requirement, which is not being met. For this reason the applicant is in violation of the use permit. She feels the Commission should give staff direction on whether they would like to see this condition enforced, which will make it difficult for the business to remain given the number of employees on the site. She is hearing mixed feelings coming from the Commission with some feeling the CUP should be revoked and others wanting to see it amended. Commissioner Bentz indicated he does not have a problem with one family living in the house, but he does have a problem with the number of vehicles, which he would like to see restricted. He feels a means of enforcement must be provided in the way of definitions staff can use in the future to determine on a staff -basis when a person is in violation of the CUP. He does not think the original conditions restricted retail sales. Vice Chairperson Kelley stated he was not prepared to consider revoking the CUP at this time, but repeated that the traffic is the major problem. He hopes the Commission will direct the Planning Department to work on the traffic issue including the possibility of contracting with an outside agency to provide an independent traffic study. Commissioner O'Keefe reiterated the condition that states that no person shall be employed who is not a resident of the property. At the present time the current owner is clearly in violation of this condition. Commissioner O'Keefe read from a letter by a neighbor regarding a problem with the meat scraps left in the dumpster to make the point that there are issues here other than the traffic. She questioned whether a traffic study would take into account the retail customers who park on the street. Commissioner Bentz felt the condition requiring residency should be changed. Commissioner Beraud disagreed with Commissioner Bentz and felt the residency condition was placed on the CUP to restrict the size of the business. Chairperson Fonzi summarized the Commission's comments as follows: 1) The applicant is not in compliance with the residency condition of the CUP at this time, and suggested the Commission direct staff to review the residency requirement to determine if it is applicable or should be changed. 2) There should be a review of the amount of traffic on the street, which may involve a traffic study. 3) The hours of delivery should be reconsidered. 4) Consider limitation of truck size and review the impacts of the presence of trucks in the neighborhood. 5) Review the issue of noise impacts on the neighborhood. 6) Review placement and security of the dumpster. 7) Look at the enforcement aspect and the penalty for non-conformance. 8) The cost of a traffic study, if performed, should be to the applicant. 9) The possibility of revocation of the use permit and the application of a sunset clause. 10) The possibility of an alternate location for the business. COMMISSIONER COMMENTS & REPORTS Chairman Fonzi suggested placing the issue of the 11:00 p.m. adjournment and the policy of a motion to go beyond 11:00 p.m. as the City Council does on a future agenda for Commission discussion. Additionally, the issue of rushing public speakers to accommodate an 11:00 p.m. adjournment was brought up for possible inclusion in that discussion. Commissioner Bentz suggested several ways of speeding up the process of the public hearing including asking the public to not be redundant and verbose on the same issue. Commissioner O'Keefe indicated that the 11:00 continuation has been an area of concern for her, particularly when as that hour approaches, Commissioners will urge completion of the hearing by 11:00 without a vote on whether or not to continue. She feels there is an assumption that the Commission is going to vote to not go past 11:00, which she thinks places pressure on the public who may wish to speak. Commissioner O'Keefe felt that if there were repetition within the public comments it is perhaps because the public feels the issue is of importance and they want the Commission to hear it over and over. Vice Chairperson Kelley suggested that the agenda's could be shortened and perhaps the Commission could monitor the meeting and at 10:30 announce that there are 30 minutes to go and if there is any other item to be considered that item be deferred until the following week. He stated that when the meeting goes late into the morning, he is not 100 percent and that is not fair to the applicant, the City or the public. Chairperson Fonzi asked staff if it would be possible to shorten the time for public comment down from five minutes. Director Frace stated that it was staff s understanding that the Commission operates under the direction of the City Council. The Council wants to provide five minutes of public testimony per speaker, and staff understands that the Council wishes the Commission to follow the same procedure. Commissioner O'Keefe agreed with Vice Chairperson Kelley and stated she also does not function too well late into the night and asked if it were possible to keep the agendas shorter so the hearing could be closed at a reasonable hour. Commissioner Bentz felt that in some cases the Commission Members were the cause of extending the necessary time for a meeting by asking questions that have already been answered in the staff report. He suggested that no Commissioner comments be taken after the staff report, but rather open the public hearing, then bring it back to the Commission at which time questions can be asked of staff. Commissioner O'Keefe stated that when she would attend meetings as a member of the public, she was appreciative when she heard the questions asked by the Commission because they brought out issues of importance. She likes the way Chairperson Fonzi has been fair and diligent in getting questions answered and would have a problem with changing this format. Chairperson Fonzi felt it was important to attempt to gauge the length of agenda items and if it appears that some will cause the meeting to run late, they should be pulled at the beginning of the meeting at the time the agenda is approved; she asked for help from the Commission with this issue. Eric Greening stated that the Commission did save time tonight during one of the agenda items as some of the questions he had were answered during the Commissions' question period. He felt it sometimes does pay off to hear the questions the Commission asks, however he does not appreciate it when there is Commission discussion and quasi decision making during the pre - public question period. Mr. Greening felt there is a negative impact to everyone at the hearing when decisions are made when the Commission is tired and if there is a choice between going late and having more meetings, he felt the option of more meetings should be explored. He indicated that when there are a lot of people who want to speak on an item, that is the worst time to limit the time they have to speak because it is most likely a very complex issue that has a lot of issues with it that the public wants to address. Commissioner Beraud expressed concern regarding the affordable housing issue and what the City is doing to help developers meet the state -mandated numbers. She feels there is an undue burden placed on the people who are trying to develop their own property. She asked if there were some type of program to help developers meet the requirements. Director Frace stated that there are a lot of incentives built into the affordable program such as density bonuses and there is policy in the General Plan about the possibility of reducing fees, but the Council has not yet set policy regarding this. Staff does work with some housing organizations in terms of trying to do additional housing projects. Commissioner Beraud asked about the date for the visit to 3F Meadows; Director Frace indicated a date has not yet been set. She also asked about additional information available to the public through the Planning Department regarding living with oak trees and suggested this type of information could be sent to those interested in developing their property. There was also discussion regarding trying to get the agenda packets out earlier. Vice Chairperson Kelley suggested a workshop with some of the arborists the Commission works with on a regular basis. Chairperson Fonzi stated that she would like to see some uniformity in the arborist reports. DIRECTOR'S REPORT Community Development Director Frace handed out copies of the City Council "Community Goals" brochure. He explained why recent Commission meetings have been lengthy, and announced two upcoming study sessions on November 13th and November 19th ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:00 p.m. to the next regularly scheduled meeting on November 18, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following Exhibit is available for review in the Community Development Department: Exhibit A — Letter Mrs. Suffranack Adopted 11/18/03 \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes. 11-04-03.gp.doc