HomeMy WebLinkAboutPC Minutes 03-02-04CITY OFATASCADER 0
PLANNING COMMISSION MINUTES
Regular Meeting
March 21 2004 — 7:00 P.M.
CALL TO ORDER
Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner Beraud led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Beraud, Fonzi, Peterson, Porter, Jones and Chairperson
Kelley
Absent: Commissioner O'Keefe
Staff Present: Community Development Director Warren Frace, City Engineer Steve
Kahn, Planning Services Manager Steve McHarris, Associate Civil
Engineer Jeff van den Eikhof, Associate Planner Kerry Margason,
Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci.
APPROVAL OF AGENDA
MOTION: By Commissioner Fonzi and seconded by Commissioner Beraud to approve the
agenda.
AYES: Commissioners Fonzi, Beraud, Peterson, Porter, Jones and Chairperson Kelley
NOES: None
ABSTAIN: None
Motion passed 6:0 by a roll -call vote.
Chairperson Kelley suggested changing the order of the agenda placing Items # 3 and 4 ahead of
the Tree Ordinance Discussion (Item #2).
PUBLIC COMMENT
Eric Greening questioned the process for changing the agenda.
Chairperson Kelley closed the Public Comment period.
MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the
amended agenda.
AYES: Commissioners Fonzi, Beraud, Peterson, Porter, Jones and Chairperson Kelley
NOES: None
ABSTAIN: None
Motion passed 6:0 by a roll -call vote.
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 17, 2004.
MOTION: By Commissioner Beraud and seconded by Vice Chairperson Jones to approve
the Consent Calendar.
AYES: Commissioners Beraud, Peterson, Fonzi, Jones and Chairperson Kelley
NOES: None
ABSTAIN: Commissioner Porter
Motion passed 5:0 by a roll -call vote.
PUBLIC HEARINGS
2. GENERAL PLAN AMENDMENT 2003-0011; ZONE CHANGE 2003-0076,
5245/5265 EL CAMINO REAL (K-JONS)
Applicant:
Stan Sherwin, 5265 El Camino Real, Atascadero, CA 93422, 466-7248
Project Title:
General Plan Amendment 2003-0011; Zone Change 2003-0076,
5245/5265 El Camino Real (K-Jons)
Project
5245/5265 El Camino Real (K-Jons), Atascadero CA 93422
Location:
Project
The proposed project consists of an application for a General Plan Amendment from General
Description:
Commercial (GC) to Medium -Density Residential (MDR) and from Commercial Retail (CR) to
Residential Multi -Family -10 (RMF -10) Zoning District. The proposal is associated with a previously
approved 1600 square foot residential duplex building with parking and landscaping on 0.15 acres on
an existing 0.46 acre commercial site.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Certified Mitigated Negative Declaration 2002-0044 Addendum
Environmental
Determination:
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Stan Sherwin, 6649 San Gabriel Road, Applicant, briefly discussed the project.
Joanne Main, 4980 San Gabriel Road, stated the Chamber of Commerce supports this project and
the mixed use on this site.
Maxwell Keith stated he lives next to the applicant's site and he is in support of the project.
Chairperson Kelley closed the Public Comment period.
Steve McHarris stated that staff had made a minor change to Zone Change Map 2003-0076 and
explained the change.
MOTION: By Vice Chairperson Jones and seconded by Commissioner Porter to adopt
Resolution No. PC 2004-0021 recommending that the City Council recertify
Proposed Mitigated Negative Declaration 2002-0044; and adopt Resolution No.
PC 2004-0022 recommending that the City Council approve General Plan
Amendment 2003-0011 based on findings; and, adopt Resolution No. PC 2004-
0023 recommending that the City Council introduce an ordinance for first reading
to approve Zone Change 2003-0076 based on findings and subject to the
presentation from staff regarding the Zone Change Map.
AYES: Commissioners Porter, Beraud, Peterson, Fonzi, Jones and Chairperson Kelley
NOES: None
ABSTAIN: None
Motion passed 6:0 by a roll -call vote.
3. TENTATIVE PARCEL MAP 2003-0046; 9055 LA CANADA (NELSON)
Applicant:
Nolan Nelson, 9055 La Canada, Atascadero, CA 93422 805-466-7891
Project Title:
Tentative Parcel Map 2003-0046
Project
9055 La Canada, Atascadero, CA 93422, San Luis Obispo County
Location:
APN 050-021-028
Project
A proposed subdivision of an existing 7.82 gross acre lot into two individual parcels of 3.91
Description:
gross acres each. The site is currently developed with a single-family residence that will be
confined to one lot to allow the new lot to be developed with a single-family residence. The
parcels are moderately to steeply sloped and contain vegetation and native oak trees. Onsite
septic will serve the property and water is available from Atascadero Mutual Water
Company.
General Plan Designation: Residential Suburban (RS)
Zoning District: Rural Estate (RE)
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Proposed
proposed. The proposed Negative Declaration is available for public review through March
Environmental
2, 2004 at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00
Determination:
a.m. to 5:00 p.m., Monday through Friday.
Associate Planner Kerry Margason provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Nolan Nelson, 9055 La Canada, Applicant, spoke about the project, the protection of the trees on
the site and asked the Commission to approve the project.
Chip Tamagni, arborist, spoke about the site and impacts to the trees.
Chairperson Kelley closed the Public Comment period.
MOTION: By Commissioner Fonzi and seconded by Commissioner Peterson to adopt
Resolution No. PC 2003-0116, certifying the proposed Mitigated Negative
Declaration 2003-0050 and approving Tentative Parcel Map 2003-0046, a request
to subdivide two parcels totaling 7.82 acres into two parcels of 4.62 and 3.60
acres, gross, based on findings and subject to conditions.
AYES: Commissioners Fonzi, Peterson, Beraud, Porter, Jones and Chairperson Kelley.
NOES: None
ABSTAIN: None
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
4. TREE ORDINANCE DISCUSSION
Community Development Director Warren Frace stated that this discussion would give the
Commission the opportunity to discuss concerns and give staff feedback.
PUBLIC COMMENT
Eric Greening, 7365 Valle, stated it was his opinion that the tree ordinance is generally working
well. He expressed some concerns including: 1) in densely covered difficult building sites
where large numbers of trees are being removed for single family residences, he would rather see
payment of mitigation fees than replanting, those fees should be used for habitat protection, and
2) the consequences of taking out smaller trees that have a longer lifespan.
George Molina expressed his opinion that it was important to look at the Tree Ordinance and the
way it effects the economics of building a house. He stated that staff could be trusted to make
decisions, and public hearings were not necessary and inefficient. He would like to see a
reduction in the time frame to get permits.
Jean Sterns, 5700 Olmeda Avenue, disagreed with the last comments. She is against cutting
down trees to put in more houses and expressed concern regarding the height of buildings and
how high buildings cut off mountain views.
Chip Tamagni, 2900 Monterey Road, arborist, indicated that he has done many tree protection
plans and he sees the greatest problem as being monitoring during construction. He would like
to see more teeth in the ordinance regarding monitoring and the responsibility of owners and
developers to insure their contractors follow the ordinance and tree protection plans.
Steven Alvarez, 1615 Lupin Lane, arborist, stated he tries to abide by the high standards of the
Tree Ordinance. The problems he sees is the post -construction landscaping planned around trees
and feels the focus must be on the value of native trees. The irrigation going up against tree
trunks and drip lines is drowning the trees and depleting oxygen. He would like to see less of a
focus on older trees and greater consideration given to younger treeswe should be looking at
reforestation.
Jean Sterns related incidents she has seen where roots have been cut while digging a trench, she
would like to see trees saved properly.
Chairperson Kelley closed the Public Comment period.
Commissioner Beraud stated that the Tree Ordinance does a good job overall. She sees a lot of
problems with monitoring and would like to see a better system including penalties and
incentives for following the Tree Ordinance. Total tree coverage losses are important,
especially the removal of younger trees. Regarding use of the mitigation fees, she would like to
see the City be proactive in obtaining open space. Landscape plans must be appropriate to the
trees left on site
Commissioner Porter indicated that he has a problem with the current fee schedule. He has a
hard time requiring applicants to pay mitigation trees for removal of trees that pose a hazard to
the public, there should be some avenue in the Tree Ordinance that would allow the Planning
Commission or the City Council to waive these fees if necessary. He would like to see a 10%
variance rule once a project is approved that would allow the Community Development Director
or staff to approve subsequent tree removals.
Vice Chairperson Jones agreed with need to protect younger trees. He would like to see the City
Council encourage the use of mitigation funds for easements for habitat protection. The
Ordinance should be more efficient and allow staff to make some of the decisions. He is
disturbed by requiring the applicant to pay into the mitigation fund when there is a hazardous
situation or no room to plant more trees. The Commission should be able to waive fees when
appropriate.
Commissioner Fonzi expressed concern with charging applicants to remove dead trees, as these
are being removed for the public good. She questioned why there are different standards for
replacement and fees in different areas. There does not seem to be any consistency, she would
like the fees to be uniform. Table 8-A in the Tree Ordinance is confusing and she would like
staff to look into it. She suggested reevaluating the native tree species in the Tree Ordinance,
and feels Digger Pines should be considered native trees and that Elm trees should be protected
in Atascadero. Staff should have more flexibility in determining tree removal—should have a
certain percentage. She would like staff to review the Ordinance and let the Commission know
if there are superfluous areas in the ordinance. Commissioner Fonzi has concerns with vineyards
going in and the subsequent removal of all the trees on the site. This is not covered under the
Ordinance. There is no uniformity to tree protection plans and arborist reports, and guidelines
are necessary so arborists know what to expect. There should be more monitoring during the
construction process and penalties where abuses occur.
Chairperson Kelley would like to see mitigation fees used when tree removal on packed lots
takes place. The Ordinance should be made more user friendly, staff can make some decisions
on tree removals; 10% change is acceptable. He has a problem with charging for removal of
dead trees. Chairperson Kelley would like the Planning Commission to have the ability to adjust
some of the fees especially with dead or hazardous trees. If a tree is deemed hazardous staff
should be able to deal with that immediately. He stated that a tree on a residential lot is the same
as a tree on a commercial lot and should be treated the same with the same fee structure.
Monitoring tree protection plans are difficult, and should be left to the arborist. A penalty plan is
good; perhaps institute a phased system of penalties. Mitigation fees can be put back into
easements and protection of trees as well as an education program for anyone coming in for tree
removals. A uniform application/checklist would be good. The Fire Department should have
input into the Ordinance especially in mountainous areas. Where tree removals are necessary for
fire protection no fees should be involved. The Ordinance seems to address developers only; it
should treat everyone equally.
Commissioner Beraud stated she was afraid of the 10% staff approval and feels it could lead to
sloppy tree protection.
Chairperson Kelley indicated that if someone does make an attempt to try to save a tree but it
must be taken down, there should be some way to waive the fee.
Chip Tamagni addressed the issue of taking down hazardous trees without permits. There is an
approved, standardized hazardous tree evaluation form. He stated that those who want to live
around oak trees must assume some degree of risk. Some threshold of hazard to cause trees to
come down must be considered.
Jerry Clay reminded those present that nature has planted the trees. The perception is that if we
don't take care of the trees, nothing will happen but trees do regenerate themselves and nature
takes care of the trees.
COMMISSIONER COMMENTS & REPORTS
None
DIRECTOR'S REPORT
Director Frace reminded the Commissioners of the planning conference at the end of March.
Upcoming agendas were reviewed and a brief report was given on the status of the homeless
shelter.
ADJOURNMENT
Chairperson Kelley adjourned the meeting at 8:13 p.m. to the next regularly scheduled meeting
of the Planning Commission on March 16, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
Adopted 3/16/04
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