Loading...
HomeMy WebLinkAboutPC Minutes 02-17-04CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting February 17, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner Jones led the Pledge of Allegiance. PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commission Members Bob Kelley and Tim Peterson. ROLL CALL Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Jones and Chairperson Kelley Absent: Commissioner Porter Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Planning Services Manager Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson, Civil Engineer Jeff van den Eikhof and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the agenda. AYES: Commissioners Fonzi, Beraud, O'Keefe, Jones and Chairperson Kelley NOES: None ABSTAIN: Commissioner Peterson Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 3, 2004. MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the Consent Calendar. AYES: Commissioners Fonzi, Peterson, Beraud, O'Keefe, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. TENTATIVE PARCEL MAP 2003-0054, 5760 OLMEDA AVE. Applicant / Ric Paul, 446 Printz Road, Arroyo Grande, CA 93420 Representative: Project Title: Tentative Parcel Map 2003-0054 Location: 5760 Olmeda Ave., Atascadero, CA 93422, San Luis Obispo County APN 029-252-007 Project Description: A proposed condominium map creating two airspace units and one common lot for two detached units on a multi -family lot. The parcel is slightly sloped. One native oak tree will be removed. City sewer will serve the property, and water is available from Atascadero Mutual Water Company. General Plan Designation: High Density Residential Zoning District: Residential Multi -family -16 (RMF -16) Proposed The project qualifies for a Class 3(b) Categorical Exemption which exempts the conversion and/or Environmental construction of small structures including multi -family projects of less than 4 units that do not Determination: otherwise create a negative impact. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ric Paul, Applicant, indicated that he agreed with the staff report and briefly discussed the project. Steven Alvarez, Arborist, answered questions of the Commission. Chairperson Kelley closed the Public Comment period. MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to adopt Resolution PC 2004-0019 approving Tentative Parcel Map 2003-0054, a request to establish two airspace units on one common lot, based on findings and subject to conditions as contained in the staff report. AYES: Commissioners Fonzi, O'Keefe, Beraud, Peterson, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 3. PINE MOUNTAIN TRANSFER OF DEVELOPMENT RIGHTS, GPA 2003- 0009/ZCH 2003-0073/DAG 2004-0001, COROMAR AVENUE ZCH 2003-0072/ZCH 2003-0074/CUP 2003-0120/TTM 2003-0041, COLIMA ROAD ZCH 2003-0076/TTM 2003-0042FERROCARIL ROAD - DE ANZA ESTATES, CUP AMENDMENT 2002-0067/TTM 2003-0045 (GEARHART, MOLINA, JOHNSON) Applicant / Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Representative: William Johnson, 8955 Coromar Avenue, Atascadero, CA 93422 George Molina, 5000 Marchant Avenue, Atascadero, CA 93422 Project Title: Pine Mountain Transfer of Development Rights, GPA 2003-0009/ZCH 2003-0073/DAG 2004- 0001, Coromar Avenue ZCH 2003-0072/ZCH 2003-0074/ CUP 2003-0120/TTM 2003-0041, Colima Road ZCH 2003-0076/TTM 2003-0042 Ferrocaril Road - De Anza Estates, CUP Amendment 2002- 0067/TTM 2003- 0045 (Gearhart, Molina, Johnson) Location: Pine Mountain (APN 028-231-003), 8825, 8955 Coromar Ave (APN 056-111-027, 056-111- 023), 3680, 3700 Colima (Tentative Tract Map 2557), Ferrocaril Rd - De Anza Estates (049- 011-004), Atascadero (SLO County) Project Description: Development Agreement: The project will be processed with a development agreement. The development agreement will be utilized as a legal vehicle to provide for a transfer of site-specific development credits without creating a program that will produce unintended consequences, or a precedent requiring that the City allow increased density on any other sites in Atascadero. The development agreement will incorporate specific government code section procedures to limit its use to the proposed project type and restrict its use in situations where development agreements may be inappropriate. The development agreement will be reviewed by the Planning Commission prior to consideration for adoption in ordinance form by the City Council. The proposed development agreement is for a transfer of eight single-family residential lots from Pine Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition, a site located along Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots. The project includes the following additional actions at each site: A. Coromar Avenue: General Plan Amendment,from General Commercial to SFR -X Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT George Molina, 5000 Marchant Avenue, Applicant, stated he agreed with the staff report. Eric Greening, 7365 Valle, asked several questions including how the determination of eight potential legal building sites was made, how the 16 building sites on Coromar were added, and what was the status of the property between this and the cemetery. He recommended that before the Commission took any action on this project they actually find the values to be transferred. Annette Johnson, 8955 Coromar Road, Applicant, indicated her support for the zone change for the Coromar location. (Maximum density of 4 units per acre with a minimum lot area of 0.5 acres net. Smaller lot sizes up to 4 units per acre allowed through a planned development overlay process). Zone Change from CR & CT to RSF-Xzone with Planned Development Overlay No. 17/Conditional Use Permit corresponds to the general plan amendment. The Planned Development Overlay No. 17 may be established in the RSF X single family residential zones on lots with a net acreage exceeding one (1) acre. The maximum density within the planned development shall not exceed a gross density of four (4) units per acre. This overlay zone contains specific site development standards that are incorporated into the proposed project. A Vesting Tentative Tract Map is also included corresponding to the proposed 16 residential lots (maximum project entitlement) and site improvements. In addition, a zone change is proposed for a separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency, not subject to the proposed development agreement or above-mentioned planed development. B. Colima Road. General Plan Amendment from SE (2.5 —10 ac lot size) to RSF-Y (Minimum lot size I acre - second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponds to the general plan amendment. A new Planned Development Overlay No. 21 is required to allow one preexisting lot to remain less than one acre and to restrict all lots from adding second dwelling units. A Tentative Tract Map is also included corresponding to the proposed 5 residential lots and site improvements. Maximum project entitlement five (5) lots, three (3) of which are transferred units from the Pine Mountain property plus two (2) lots that currently exist. C. Ferrocaril Road (De Anza Estates): General Plan Amendment from SE (2.5 — 10 ac lot size) to RSF-Y (Minimum lot size I acre. Second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponding to the general plan amendment and an amendment to an existing Master Plan of Development to reflect the additional lots and to restrict second dwelling units on all 20 lots within the on-site Planned Development No. 16. A Tentative Tract Map is also included corresponding to the new proposed lots. Maximum project entitlement: twenty (20) units (Five (5) additional units, all of which are transferred units from Pine Mountain plus fifteen (15) lots that currently exist). As an amendment to the existing Master Plan of Development, the project includes conceptual building locations and architectural floor plans and elevations. In the event these buildings are proposed for construction, conditions of approval have been included to meet the original Planned development design intent. D. Pine Mountain: No additional applications. Maximum project entitlement: 0 units, eight (8) units will be transferred from the Pine Mountain property leaving no development credits on the property. The property will be provided to the City free and clear upon project approval through terms of the development agreement. Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Proposed The proposed Mitigated Negative Declaration is available for public review from 1/12/04 through Environmental 2/10/04 at 6905 El Camino Real Suite 6, Community Development Department, from 8:00 a.m. Determination: to 5:00 p.m., Monday through Friday. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT George Molina, 5000 Marchant Avenue, Applicant, stated he agreed with the staff report. Eric Greening, 7365 Valle, asked several questions including how the determination of eight potential legal building sites was made, how the 16 building sites on Coromar were added, and what was the status of the property between this and the cemetery. He recommended that before the Commission took any action on this project they actually find the values to be transferred. Annette Johnson, 8955 Coromar Road, Applicant, indicated her support for the zone change for the Coromar location. Kelly Gearhart, Applicant, stated he was available to answer questions on the receiver sites. Jennifer Eichmeyer, 3605 Colima Road, stated she was delighted to see the sewer going down her street and made available to the neighborhood. Linda Zirk, 5405 Marco Lane, expressed her concerns with drainage issues on her property coming from the Colima Road area. She requested a modification to the Plans be made to include a more detailed drainage report, asked that she be held harmless and indemnified from any underground or surface water that causes flooding and damage to her property, and a minimum 35 foot setback from her property line be required for structures on Lot No. 4. Irene Bishop, 7151 Serena Court, asked why she, as a neighboring property owner, had not received notice about this project. She expressed her concerns with the project and suggested an additional public hearing on this item before any decisions were made. Chairperson Kelley closed the Public Comment period. Chairperson Kelley asked staff to address questions raised in the Public Comment period. He indicated that each section of this project would be addressed individually. Coromar Avenue Site Commissioner O'Keefe stated her concerns with the fiscal impact from the loss of commercial zoning on this project. Vice Chairperson Jones indicated his concern with the use of in -lieu fees versus providing actual affordable housing. Commissioner Fonzi expressed her concern with the Coromar property and indicated that she could not see a connection between this property and the eight development credits. Commissioners Beraud and O'Keefe were concerned with the lack of a plan for the trees on the site. Chairperson Kelley asked about the use of an assessment district rather than creating a private road and stated his concern with the height of the buffer wall. Colima Road Site Associate Civil Engineer Jeff van den Eikhof addressed the drainage question raised during the Public Comment period by Mrs. Zirk. Linda Zirk answered questions of the Commission. Kelly Gearhart clarified that there is a lot of septic in the area around Mrs. Zirk's property that could be causing the groundwater problem. He stated the sewer line should help to alleviate the problem. Ferrocaril Road Site Commissioner O'Keefe expressed her concern that no footprints have been identified on this site and that tree protection is poor. Commissioner Beraud also stated her concerns with impacts to the trees on the site. Eric Greening stated several concerns with this site including: 1) tree protection, 2) increasing train traffic and 3) screening of the public from crossing the train tracks. Pine Mountain Commissioner O'Keefe questioned how the eight parcels were determined and stated she could not understand how this was done and that it was excessive. Commissioner Beraud stated that the Molina property was an important acquisition, but it must be verified that it is a just and equitable exchange. She proposed sending this item back to staff for a fiscal analysis. Chairperson Kelley commented that the City Council had determined on the eight units, which he feels is an equitable trade as it saves 28 acres above Stadium Park as well as providing 16 affordable homes in the Coromar area. Commissioner Fonzi stated that looking at this item as a package deal was a convoluted way of approaching it. She hoped the City Council would not place the Planning Commission in this difficult position again. Commissioner Fonzi indicated that she had a problem with the Coromar property and does not see the connection between the development credits for this site and the Planned Development. Vice Chairperson Jones felt the Commission's hands were tied because of the City Council's action and expressed discomfort with how this project came to the Commission. MOTION: Vice Chairperson Jones and seconded by Chairperson Kelley to adopt Resolution No. PC 2004-0007 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0069; and, adopt Resolution No. PC 2004- 0008 recommending that the City Council approve General Plan Amendment 2003-0009 based on findings; and adopt Resolution No. PC 2004-0009 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0073 based on findings; and adopt Resolution No. PC 2004-0010 recommending that the City Council approve Development Agreement 2004-0001 based on findings. AYES: Commissioners Peterson, Fonzi, Jones and Chairperson Kelley NOES: Commissioners O'Keefe and Beraud ABSTAIN: None Motion passed 4:2 by a roll -call vote. MOTION: Vice Chairperson Jones and seconded by Chairperson Kelley to adopt Resolution No. PC 2004-0011 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0072 based on findings; and, adopt Resolution No. PC 2004-0012 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0074 based on findings; and, adopt Resolution No. PC 2004-0013 recommending that the City Council approve the Master Plan of Development (CUP 2003-0120) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution No. PC 2004-0014 recommending the City Council approve Vesting Tentative Tract Map 2003-0041 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Staff is to work with applicant to have a road maintenance district for that driveway and roadway. With inclusion of the following errata items: ■ Replace (page 231) incorrect Coromar Avenue TTM 2003-0041 Exhibit A with correct TTM Exhibit. ■ Replace (page 259) incorrect Colima Avenue TTM 2003-0042 Exhibit A with correct TTM Exhibit. ■ Page 196 Coromar CUP 2003-0120, AND Page 278 Ferrocaril CUP 2002- 0067 Amendment, add the following underscored section: Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City; b. Consideration of practical design alternatives; c. Provision of cost comparisons (from applicant) for practical design alternatives; d. If saving tree eliminates all reasonable uses of the property; or e. If saving the tree requires the removal of more desirable trees. AYES: Commissioners Peterson, Jones and Chairperson Kelley NOES: Commissioners Fonzi, Beraud and O'Keefe ABSTAIN: None Motion failed 3:3 by a roll -call vote. MOTION: Vice Chairperson Jones and seconded by Commissioner Fonzi to adopt Resolution No. PC 2004-0015 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0076 based on findings; and, adopt Resolution No. PC 2004-0016 recommending the City Council approve Vesting Tentative Tract Map 2003-0042 based on findings and subject to Conditions of Approval and Mitigation Monitoring. AYES: Commissioners Fonzi, Beraud, Peterson, Jones and Chairperson Kelley NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. MOTION: Vice Chairperson Jones and seconded by Chairperson Kelley to adopt Resolution No. PC 2004-0018 recommending that the City Council approve the Master Plan of Development Amendment (CUP 2002-0067) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution No. PC 2004-0019 recommending the City Council approve Vesting Tentative Tract Map 2003-0045 based on findings and subject to Conditions of Approval and Mitigation Monitoring. AYES: Commissioners Beraud, Peterson, Fonzi, Jones and Chairperson Kelley NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. 4. GENERAL PLAN AMENDMENT 2003-0007 (LOC CYCLE 1-2004): ECOSLO LAWSUIT SETTLEMENT TEXT AMENDMENTS Applicant: City of Atascadero Project Title: General Plan Amendment 2003-0007 Project City wide General Plan Amendment Location: Project As part of the settlement agreement for the ECOSLO lawsuit on the 2025 General Plan Update, two text Description: amendments to the General Plan are required. 1. Amend LOC Policy 8.2.2. To require a 35 -foot building setback from the creek reservation parcels along Atascadero Creek and Graves Creek. 2. Amend Table II -3 "General Plan — Maximum Potential Development" to clarify that the build out number is a projection and not a maximum cap. Proposed The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable Environmental standards and impacts have been avoided or mitigated pursuant to that EIR. Determination: Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Mike Jackson, 5502 Ensenada, stated this was a taking of property from those who live on the creek. He expressed concern that property owners did not receive notification of this settlement. Richard Shannon, 5070 San Benito discussed the effect of this settlement on downtown properties and stated this would stop development of the downtown. Eric Greening reviewed what the options would be if the setbacks were not reverted to 35 feet. Chairperson Kelley closed the Public Comment period. Chairperson Kelley asked City Attorney Hanley to explain how the setback came into effect and the reasoning behind ECOSLO's involvement. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2004-0020 recommending that the City Council approve General Plan Amendment 2003-0007 based on findings. AYES: Commissioners Beraud, O'Keefe, Peterson, Fonzi, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS None DIRECTOR'S REPORT Community Development Director Frace asked the Commission to confirm with staff their attendance at the Monterey workshop. ADJOURNMENT Chairperson Kelley adjourned the meeting at 9:05 p.m. to the next regularly scheduled meeting of the Planning Commission on March 2, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Adopted 3/2/04 \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 04\PC Minutes. 2-17-04.gp.doc