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HomeMy WebLinkAboutPC Minutes 02-06-04CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting June 4, 2002 — 7:00 P.M. Chairman Bentz called the meeting to order at 7:00 p.m. and Commissioner Norton led the Pledge of Allegiance. Chairman Bentz announced that the Commission would take a ten-minute break to read the document submitted just before the meeting by Council Member Luna. Chairman Bentz called the meeting back to order at 7:10 p.m. ROLL CALL Present: Commissioners Eddings, Jones, Kelley, Norton, O'Malley and Chairman Bentz Absent: Vice Chairman Fonzi Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Assistant Planner Glenn Rider, Planning Services Manager Steve McHarris, City Attorney Roy Hanley and Recording Secretary Grace Pucci. PUBLIC COMMENT City Manager Wade McKinney thanked the Commission on behalf of the City for their efforts and service to the City of Atascadero. Mr. McKinney spoke about the new strategic goals adopted by the City Council referring specifically to "Council and Commission Preparedness." In an effort to provide a higher level of training for the Council and Commission, Mr. McKinney passed out a pocket guide purchased by the City through the Institute of Local Self Government. Chairman Bentz closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 21, 2002. City of Atascadero Planning Commission Minutes Regular Meeting June 4, 2002 Page 2 of 10 MOTION: By Commissioner Norton and seconded by Commissioner Jones to approve the Consent Calendar. AYES: Commissioners Norton, Jones, O'Malley, Kelley and Chairman Bentz NOES: None ABSTAIN: Commissioner Eddings Motion passed 5:0 by a roll -call vote. Chairman Bentz suggested the Commission move Public Hearing Item #2 to the end of the agenda, allowing more time to deal with this item. There was Commission consensus to move Public Hearing Item #2 to the end of the agenda. PUBLIC HEARINGS 3. PROJECT DESCRIPTION: CONDITION USE PERMIT 2002-0061 — CORNERSTONE COMMUNITY CHURCH MASTER PLAN AMENDMENT Applicant: Cornerstone Community Church Project Title: Conditional Use Permit 2002-0061 Project 7920 Santa Rosa Road, Atascadero, CA (San Luis Obispo County) Location: APN 054-151-030 Project The proposed project consists of an amendment to a Conditional Use Permit to Description: change the Master Site Plan to allow the phased addition of two 1400± square foot modular building on the site. The proposed structure will be located in a flat grass area next to the main building. The building will be used as classroom space for the church. General Plan Designation: Public Zoning District: Public Proposed The Environmental Coordinator is recommending that the Planning Commission Environmental re -certify the Negative Declaration that was prepared for the original CUP. Determination Staff Adoption of Planning Commission Resolution 2002-0031 approving Conditional Use Recommends: permit 2001-0061, a request to amend the Master Site Plan to allow the phased addition of two 1400± square foot modular building on the site subject to findings and conditions. Community Development Director Warren Frace provided the staff report and answered questions of the Commission. City of Atascadero Planning Commission Minutes PUBLIC COMMENT Regular Meeting June 4, 2002 Page 3 of 10 Dick Agar, Marco Road, facilities person for Cornerstone Community Church, stated that this project would provide much needed classrooms for the church. Mr. Agar indicated that parking is not currently an issue as he has never seen the parking lot full on Sunday mornings, however, they are hoping to work with PG&E to lease a strip of land next door to the church for additional parking for future phases of church development. If the church were unable to secure the additional land for parking, they would not develop beyond the second modular unit. Commissioner Norton asked about parking for those attending the church. Mr. Agar responded that all church attendees have space to park in the lot and are not parking on the street. Commissioner O'Malley complimented the church on their well-maintained grounds. Additionally, he thanked contractor Dave Rogers who met with him on site. Geraldine Braser, 3202 Monterey Road, stated that she was pleased that the applicant is addressing future parking issues. Chairman Bentz closed the Public Comment period. Commissioner Norton indicated that she felt the extension was reasonable and is pleased to see that the church is growing, however, she is uncomfortable voting on the second phase, as there is much uncertainty with it at this time. She suggested that the Commission vote on the first phase only. MOTION: By Commissioner Norton and seconded by Commissioner O'Malley to adopt Planning Commission Resolution 2002-0031 approving Conditional Use Permit 2001-0061, a request to amend the Master Site Plan to allow the phased first addition of two 1400± square foot modular building on the site subject to findings and conditions Commissioner Eddings asked if this Motion would not approve the second addition at this time. Commissioner Norton stated that this was correct and the addition of the church extension which is dependent on procuring the additional land for parking. Commissioner O'Malley withdrew his second based on this clarification of the Motion. The Motion failed by the lack of a second. MOTION: By Commissioner O'Malley and seconded by Commissioner Eddings to adopt Planning Commission Resolution 2002-0031 approving Conditional Use Permit 2001-0061, a request to amend the Master Site Plan to allow the phased addition of two 1400± square foot modular building on the site subject to findings and conditions. AYES: Commissioners O'Malley, Eddings, Jones, Kelley and Chairman Bentz NOES: Commissioner Norton City of Atascadero Planning Commission Minutes Regular Meeting June 4, 2002 Page 4 of 10 ABSTAIN: None Motion passed 5:I by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE REMOVAL PERMIT, TRP 2002-0002: 7305 Santa Cruz Road Request to remove five native oaks over 24 -inches in diameter within the Residential Suburban zoning district located at 7305 Santa Cruz Road. The trees have been determined by a certified arborist and planning staff to be obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal. Staff Recommends: The Planning Commission adopt Resolution PC 2002-0029 approving the removal of five native oaks subject to the mitigation requirements set forth in the Atascadero Native Tree Ordinance and specified within the project conditions and exhibits. Assistant Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Mike Messer, 9265 Carmelita, applicant, answered questions of the Commission. Commissioner Jones, inquired about a tree at the corner of the property with a line -of -sight problem, and commented that the tree should be trimmed in the interest of public safety. The applicant indicated that he would look at the tree when construction begins. Chairman Bentz directed staff to look at the tree in question. Joan O'Keefe, 9985 Old Morro Road East, expressed her appreciation to staff and Mr. Messer for working to preserve trees on this site. She questioned a comment in the report that indicated the site plan had not been approved and asked if this was different from the usual procedure. Additionally Mrs. O'Keefe suggested that the Commissioners read and compare the two arborists' reports. Chairman Bentz closed the Public Comment period. MOTION: By Commissioner O'Malley and seconded by Commissioner Kelley to adopt Resolution PC 2002-0029, approving the removal of five native oaks subject to the mitigation requirements set forth in the Atascadero Native Tree Ordinance and specified within the project conditions and exhibits, and directing staff to look at increasing visibility on the roadway by possible tree trimming. AYES: Commissioners O'Malley, Kelley, Eddings, Jones, Norton and Chairman Bentz City of Atascadero Planning Commission Minutes NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. Regular Meeting June 4, 2002 Page 5 of 10 5. TREE REMOVAL PERMIT, TRP 2002-0003: 8200 Graves Creek Road Request to remove three native oaks over 24 -inches in diameter within the Residential Suburban zoning district located at 8200 Graves Creek Road. The trees have been determined by a certified arborist and planning staff to be obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal. Staff Recommends: The Planning Commission adopt Resolution PC 2002-0030 approving the removal of three native oaks subject to the mitigation requirements set forth in the Atascadero Native Tree Ordinance and specified within the project conditions and exhibits. Assistant Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT — None Commissioner Kelley stated that he had gone to the site and had a difficult time identifying the trees to be removed. He recommended that this item be put on hold and that the applicant go to the site and mark the trees and indicate where the house is to go. MOTION: By Commissioner Kelley and seconded by Commissioner O'Malley to send the application back to the applicant with the direction to identify all the trees to be removed with the appropriate blue tape and to do a preliminary stakeout of the site for the tennis court, house or any buildings that will be near the tree removal areas. AYES: Commissioners Kelley, O'Malley, Eddings, Jones, Norton and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. City of Atascadero Planning Commission Minutes Regular Meeting June 4, 2002 Page 6 of 10 2. APPEAL OF COMMUNITY DEVELOPMENT DIRECTORS DETERMINATION ON BLD 2001-1056 - 3F MEADOWS PHASE 1 ROAD CONSTRUCTION PERMIT Appellant: George Luna Title: Appeal of Community Development Directors Determination on BLD 2001- 1056 (3F Meadows Phase 1 Road Construction Permit) Project 3F Meadows / Planned Development 11, Location: Approximately 802 acres consisting of 115 undeveloped Atascadero Colony lots located west of the terminus of San Marcos Road. Atascadero, CA (San Luis Obispo County) Project The proposed project consists of a construction permit (BLD 2001-1056) to Description: construct roads and subdivision improvements for Phase 1 of PD -11. The appeal regards a determination that the permit is consistent with the project EIR that has been certified for the project. General Plan Designation: Single Family Suburban (SSF) Zoning District: Residential Suburban (RS / PD -11) Staff 1. The Planning Commission holds the hearing as follows allowing equal Recommends: time for both the appellant and project applicant to make presentations and rebuttals: • Staff Report • Appellant's Presentation • Applicant's Presentation • Public Testimony • Applicant's Rebuttal • Appellant's Rebuttal • Planning Commission Deliberations 2. The Planning Commission adopt Draft Resolution PC 2002-0032 thereby upholding the Community Development Director's April 18, 2002 determination that the Phase I Road Improvement Construction Permit is consistent with the project EIR and Planned Development 11. Community Development Director Warren Frace and City Attorney Roy Hanley provided the staff report and answered questions of the Commission. Dean Coker, Senior Planner Castlerock Development, Don Ritter, Operations Manager Castlerock Development and Dennis Law, Attorney, made the applicant's presentation to the Commission. (Attachment A) Council Member George Luna, appellant, made his presentation to the Commission. (Attachment B) City of Atascadero Planning Commission Minutes PUBLIC COMMENT Regular Meeting June 4, 2002 Page 7 of 10 Joanne Main, 8940 San Gabriel Road, stated that the project had undergone strict scrutiny by the Community Development Director and staff and she felt they had done an excellent job in mitigating all areas of concern. She feels it is time for the project to move forward. Tim O'Keefe, 9985 Old Morro Road East, read from a prepared statement expressing his concern regarding the lack of information available and the rush for a hearing date. He requested the City Attorney clarify the role of Appendix B in the EIR and of the PD overlay in regard to the development of this project. (Attachment C) Joan O'Keefe, 9985 Old Morro Road East, commented, in a prepared statement, on the staff report addressing the following issues: non compliance with the EIR, canopy and canopy replacement, retaining walls and tree count. (Attachment D) Bruce Bonifas, 5735 San Pedro Avenue, expressed his support of the appeal of the Community Development Department's decision in a written statement. He felt any changes to the EIR must allow for public comment and not be left to the sole discretion of the Community Development Department. (Attachment E) Eric Greening, 736 Valle, addressed the issues of precedent and process in relation to the appeal. He was concerned with the lack of information available to the public on the changes proposed, and urged the Commission to return to the pre -approved project and not set a precedent whereby it would be acceptable to change the mitigations of an approved project. Ursula Luna, Atascadero, stated that she felt staff had made their decision on this project based on Map 1, which she feels is wrong. Mrs. Luna explained her concerns in a prepared statement with corresponding maps. (Attachment F) Darlene Blaser, 12055 Cenegal Road, read a letter written by Ellen Beraud, 9608 Laurel Road. Ms. Beraud stated her concern over the lack of long-term planning with regard to tree mitigation and urged the Commission to require a new EIR for the project. (Attachment G) Kevin Blaser, Atascadero, stated that he was not opposed to development in the city, but was concerned with the omissions of the conditions of the EIR in the Comprehensive Recovery Plan (CRP). Because of the significant changes made to this project, he feels the project should proceed as originally proposed or ensure that the CRP is in line with the original EIR. Mr. Blaser also inquired whether the issue of Native American artifacts on the site had been considered. Rick Mathews, 6950 Navarette Avenue, read from a prepared statement urging the Commission to uphold the appeal of this project. He felt the Commission should require a new EIR as the project has changed substantially from that which was originally approved. (Attachment H) Jim Patterson, 9312 North Santa Margarita Road, stated that he was an ISA -Certified Arborist and had worked extensively with the City Arborist in the early 1990's to develop the Native Tree Ordinance standards and guidelines. Mr. Patterson felt that a comprehensive look must be taken at this project and that there is not enough information available regarding the species and size of City of Atascadero Planning Commission Minutes Regular Meeting June 4, 2002 Page 8 of 10 the trees to be removed for appropriate mitigation. He urged this item be sent back to staff for additional information. Don Ritter, employee of Castlerock Development and resident of Atascadero, stated that the CRP is not a tree replacement plan, and its goal is not to address the 4:1 issue. The goal is to recreate the oak habitat so that the oak trees can be restored and allowed to grow in their native conditions. Mr. Ritter spoke about the dedication of open space and conservation easements and indicated that these are primarily to address the issue of tree loss. Council Member Luna, appellant, presented his rebuttal. He felt the Comprehensive Restoration Plan from the original EIR should be looked at by the Commission and compared to what has been submitted. Mr. Luna urged the Commission to consider the tree canopy as well as the tree count. Dean Coker, applicant, presented his rebuttal. He expressed his support for the staff report and felt the tree protection plan is consistent with the EIR. Mr. Coker asked the Commission to conclude, under the resolution proposed, that the Community Development Director's determination was appropriate. Chairman Bentz recessed the hearing at 9:23 p.m. Chairman Bentz called the meeting back to order at 9:38 p.m. Chairman Bentz asked staff whether many of the questions raised by the public were appropriate to the item being considered. He felt that the current EIR does not identify or mark species in detail but rather states that these things will occur when development and grading begins. Director Frace stated that the EIR did analyze gross impacts to the tree canopy, but there are no calculations in the EIR that identify each tree by type or species. The Tree Protection Plan is currently under review and this plan will identify and number all the trees. The Comprehensive Restoration Plan is outlined in the EIR; the specifics are contained in the draft that is also currently under review. Chairman Bentz reiterated that the issue before the Commission is whether or not they would endorse the Community Development Director's interpretation that the changes as proposed are within the existing EIR. City Attorney Roy Hanley replied that while this is correct, the list of additional mitigation measures that are required by the EIR have not yet been approved and if the Commission decides to deny the appeal, it will not constitute an approval of any of those measures. Commissioner O'Malley stated, in response to a question from the public, that he has had no contact with the applicant or appellant, however he would have preferred to meet with both. Commissioner O'Malley indicated that he had several conflicting values: 1) the visual impact of any man-made structure tends to worsen over time whereas nature tends to replenish itself, and 2) it is important to maintain open discussion with the community over development issues. Additionally, there are several issues that he would like to see staff address: 1) canopy replacement analysis, 2) survivability issues, and 3) if there are fewer retaining walls, how can there be less cut and fill and not effect the road. Director Frace stated there were alternative road section options incorporated in the project, which eliminated the need for some of the cuts and fills and walls simultaneously. Commissioner O'Malley stated that the amount of open space City of Atascadero Planning Commission Minutes Regular Meeting June 4, 2002 Page 9 of 10 given was a real asset and asked about the issue of on-site monitoring. Director Frace stated that there were RFP's out for the monitoring positions. Chairman Bentz asked the City Engineer if he had reviewed the cut and fills. Mr. Kahn stated that he had visited the site several times and reviewed all of the construction documents and the relationship to engineering standards. He indicated that the plans were well designed and the banks are set back correctly and would work from an engineering standpoint. Commissioner Norton indicated that she has had no contact with the applicant or appellant and that she was somewhat unclear about the grading and other changes due to the elimination of the retaining walls as well as the resulting visual impact. Commissioner Jones stated that he did not have a problem with this deviating from the EIR for the purposes of what is being done at this point. He feels certain that staff will look at the changes and see that the law is followed. Commissioner Eddings stated that the developers on this issue did not contact him. He was supportive of the staff report and expressed surprise that some of those present were in support of 20 to 30 foot retaining walls. He felt the size of the modified area does not create any substantial new impacts that would require a new EIR. Commissioner Kelley agreed with the Community Development Director's decision and that the changes made were consistent, feasible and reasonable and created less of an impact than the original EIR. He felt everything has been covered and it is time to move forward with the project. MOTION: By Commissioner Jones and seconded by Commissioner Eddings to approve Resolution PC 2002-0032, a resolution of the Planning Commission of the City of Atascadero finding the permit BLD -2001-1056 for the construction of Phase 1 Road Improvements for the PD -11 3-f Meadows project is consistent with the Project EIR and Mitigation Monitoring Program with all the findings as set forth in the Draft Resolution. AYES: Commissioners Jones, Eddings, Norton, O'Malley, Kelley and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS - None ADJOURNMENT City of Atascadero Planning Commission Minutes Regular Meeting June 4, 2002 Page 10 of 10 Chairman Bentz adjourned the meeting at 9:58 p.m. to the next regularly scheduled meeting on June 19, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Cdvlpmnt/PC Minutes 02/PC Minutes 06-04-02.gp.doc Attachment A — Dean Coker, Castlerock Development, Applicant Attachment B — Council Member Luna, Appellant Attachment C — Tim O'Keefe, 9985 Old Morro Road East Attachment D — Joan O'Keefe, 9985 Old Morro Road East Attachment E — Bruce Bonifas, 5735 San Pedro Avenue Attachment F — Ursula Luna, Atascadero Attachment G — Ellen Beraud, 9608 Laurel Road Attachment H — Rick Mathews, 6950 Navarette Avenue