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Home My WebLink AboutPC Minutes 11-03-04CALL TO ORDER CITY OF A TASCADERO PLANNING COMMISSION MINUTES Regular Meeting Wednesday November 3, 2004 — 7:00 P.M. Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner Peterson led the Pledge of Allegiance. RC)I I r_nl I Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter and Chairperson Kelley Absent: Commissioner Jones Staff Present: Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Development Director Steve McHarris, Deputy Public Works Director 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 O'Keefe and seconded by Commissioner Fonzi to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT Ted Elder, arborist and landscape architect, requested the City rescind a $400 fine levied against the Atascadero Christian Home for removal of a dead tree. Bill Obermeyer, representing Atascadero Horsemen, encouraged the inclusion off multi- use trails in new developments. Chairperson Kelley closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 19, 2004. 2. ACCEPTANCE OF FINAL MAP 2004-0096: 9100 CARMELITA AVE. (LLA 2004-0058). MOTION: By Commissioner Beraud and seconded by Vice Chairperson Porter to approve Items #1 and 2. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 2004-0043 Applicant Mike Poulin, 814 E. Foster Rd., Santa Maria, CA 93455 Project Title Amendment to Tree Removal Permit 2004-0043 Project 2145 San Fernando Rd., Atascadero, CA 93422 Location APN 049-281-005 Project Request to amend Tree Removal Permit 2003-0043 to allow the removal of thirty - Description two (32) native oak trees in conjunction with the development of a 2,775 square -foot single-family home with 400 square -foot detached garage located at 2145 San Fernando Rd. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Chip Tamagni, applicant's arborist, explained why the applicant was requesting the tree removal. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner Peterson to adopt Resolution PC 2004-0122 to approve the removal of thirty-two native oak trees subject to the guidelines and mitigations required by the Atascadero Native Tree Ordinance, and subject to project conditions. Motion passed 6:0 by a roll -call vote. 4. TREE REMOVAL PERMIT 2004-0064 Applicant Bruce Barnhard, 10417 Claridge Court, Bakersfield, CA 93311 Project Title TRP 2004-0064 Project 9500 Las Lomas Ave., Atascadero, CA 93422 Location APN 030-481-006 APN 030-481-005 Project Request to remove Eight (8) native Blue Oak trees. Description Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ted Elder, applicant's arborist, explained the reasons for this tree removal request. Chairperson Kelley closed the Public Comment period. Commissioner Beraud expressed disappointment that a greater effort was not made to save the trees. MOTION: By Vice Chairperson Porter and seconded by Commissioner Peterson to adopt Resolution PC 2004-0127 to approve the request to remove eight native Blue Oak trees subject to the guidelines and mitigations required by the Atascadero Native Tree Ordinance. Motion passed 5:1 by a roll -call vote. (O'Keefe opposed) Commissioner O'Keefe stated for the record that she voted no because if an individual wants to do business in Atascadero he should know what the rules and regulations are and that there should be a double fee paid for the tree removals. PUBLIC HEARINGS 5. ZONE CHANGE 2004-0078, CONDITIONAL USE PERMIT 2004-0126, TENTATIVE TRACT MAP 2004-0048 FOR A 12 -LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION Applicant Scott Griffin, 5310 Carrizo Rd, Atascadero, CA 93422 Project Title Zone Change 2004-0078, Conditional Use Permit 2004-0126, Tentative Tract Map 2004-0048 for a 12 -lot Single -Family Residential Subdivision. Project 5310 Carrizo Rd, Atascadero, CA 93422 Location (San Luis Obispo County) APN 049-101-022 Project The proposed project consists of an application for a Planned Development Overlay Description Zone, Conditional Use Permit, and Tentative Tract Map for a 12 -Lot Residential Subdivision on a 3 -acre parcel under the requirements of PD -17 Overlay Zoning District. The average lot size is 9,674 square feet. The new homes will range in size from 1,248 square feet to 1,725 square feet. The project includes one home per lot each with a two -car garage. One existing on-site colony house will be retained on site. General Plan Designation: Single Family Residential -X Zoning District: Residential Single Family -X Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination review at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Community Development Director Warren Frace explained the problem with noticing of this item for the City Council meeting. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. City Engineer Steve Kahn spoke about circulation within this project. A neighborhood petition (Exhibit A) and letter from a neighbor (Exhibit B) were distributed to the Commission. PUBLIC COMMENT Russ Thompson, applicant's representative, explained the noticing problem and spoke about the project. Scott Griffin, applicant, spoke about his experience in this neighborhood and his efforts to develop his property. Barbara Dawson expressed her concerns with traffic on Carrizo Road from this project and asked the Commission to consider requiring the applicant to improve the road. Ryan McAlister stated that the road is not capable of handling the additional traffic this project will create and feels this is a negative impact to the neighborhood. Sherry Giese explained her concerns with the traffic impacts from this project. Jamie Warner expressed his concerns with density, fire and police services and traffic impacts from this project, and asked the Commission to require the road be moved away from his property. Kay Loken stated her concerns that this project would negatively impact the neighborhood with issues such as traffic and noise. Jon Loken expressed his concern with the many impacts to his neighborhood from this project. Bill Obermeyer stated his concerns with the traffic and drainage impacts to Carrizo Road. Robert Amor spoke of his concerns with traffic impacts from this project and the loss of a rural atmosphere. Chairperson Kelley closed the Public Comment period. Russ Thompson answered questions raised during the Public Comment period. There was Commission discussion regarding the project, comments included: Commissioner O'Keefe: 1) the project would change the character of the neighborhood and she would like to see a reduction by one unit to make more of a transition from the low to higher density, 2) there should be a benefit to the community from the PD, and 3) compatibility questionable if allow traffic from other developments to come down Carrizo Road. Chairperson Kelley: concerned with impacts to the neighbors, and feels this would be opening the floodgate onto Carrizo from future projects. Commissioner Beraud: 1) concerned that CUP, Mitigated Negative Declaration and Planned Development findings are not consistent with the General Plan, 2) doesn't like the idea of the road going to Carrizo, and 3) was concerned with buffering. Commissioner Beraud recommended that this be sent back to the applicant to come up with a plan that doesn't include access to Carrizo Road and addresses buffering to neighboring properties. Vice Chairperson Porter: finds that this is consistent with the General Plan, but does have questions with circulation. He would like it to go back to staff so all traffic does not go onto Carrizo Road. Commissioner Fonzi: 1) likes the preservation of the historic home in front, 2) has concerns with traffic on Carrizo Road, 3) likes design of homes, right project for this location but at the wrong time, and 5) access point must be from other roads when surrounding projects are built. Commissioner Peterson: regarding ingress and egress on Carrizo, at some point it will not make a difference, if Carrizo is to be used, people will come down to EI Camino Real and then go down Carrizo anyway. Russ Thompson addressed traffic and buffering concerns. PUBLIC COMMENT Jamie Warner reemphasized that traffic will be an issue on Carrizo Road. Robert Amor spoke about the problems of traffic on Carrizo Road. Ed Dawson questioned if the applicant would be living in one of the houses. Brian McAlister questioned the zoning and felt it should be limited to six homes. Jon Loken would like to see the rural character of Atascadero maintained. Kelly Gearhart gave some background information on the property in question. Sherry Giese stated she does not want to see the neighborhood become less than it should be. Scott Griffin stated his willingness to work out any problems that arise with the neighbors. Sharon Turner spoke about the proliferation of dense Planned Developments in the area and the negative impacts to the neighborhood. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to continue this project so the applicant and the neighbors can work on an agreeable solution with staff's assistance to mitigate the impact of traffic with that additional road with the endpoint being that the road will not be maintained as a two way street for the future. Motion failed 3:3 by a roll -call vote. (Peterson, Porter, Kelley opposed) MOTION: By Commissioner Peterson and seconded by Vice Chairperson Porter to adopt Resolution PC 2004-0123 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0030; and, adopt Resolution PC 2004-0124 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2004-0078 based on findings; and, adopt Resolution PC 2004-0125 recommending that the City Council approve Conditional Use Permit 2004-0126 to include the Master Plan of Development (Exhibit B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2004-0126 recommending the City Council approve Vesting Tentative Tract Map 2003-0048 based on findings and subject to Conditions of Approval and Mitigation monitoring. Motion failed 3:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud opposed) Commissioner Beraud stated for the record that she failed to make the Conditional Use findings, that it is not consistent with the General Plan for neighborhood preservation, she cannot certify a Mitigated Negative Declaration due to traffic concerns, and she does not feel the Planned Development meets the project benefits for buffering. There was further Commission discussion of the project. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to continue this item to allow the staff, the applicant, the neighbors, the City Engineer and the Fire Department to come up with alternatives and to bring it back on December 7 t Motion passed 6:0 by a roll -call vote. Chairperson Kelley recessed the hearing at 9:10 p.m. Chairperson Kelley called the meeting back to order at 9:20 p.m. 6. VARIANCE 2004-0004, TRAFFIC WAY Applicant Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Phone: 461-7504 Project Title Variance 2004-0004 Project Location Traffic Way, Atascadero, CA 93422 (San Luis Obispo County) APN 029-061-042 Project The proposed project consists of an application for a variance to permit less than Description the required 25 -foot front yard setback. General Plan Designation: HDR Project Zoning District: RMF -16 Proposed Exempt under Article 19, Section 15303, Class 3a Environmental A request to establish sixty airspace units on one common lot, based on findings and Determination Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions of the Commission. Chairperson Kelley closed the Public Comment period. Commissioner Beraud stated she could not make all of the findings and was therefore not in favor of granting the variance. MOTION: By Commissioner Peterson and seconded by Commissioner Fonzi to adopt Resolution PC 2004-0121 approving Variance 2004-0004 to include proposed site plan (Exhibit A) based on findings and subject to conditions and including the additional condition requiring tree mitigation for the tree identified as No. 1 (30 inch white oak) of $1,000. Motion passed 5:1 by a roll -call vote. (Beraud opposed) 7. TENTATIVE TRACT MAP 2004-0056 (TRACT 2657) AND AMENDMENT TO CUP 2002-0072 PD -9 MASTER PLAN OF DEVELOPMENT, NORTH FERROCARIL ROAD Applicant Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Phone: 461-7504 Project Title Tentative Tract Map 2004-0056 (Tract 2657) and Amendment to CUP 2002-0072 PD -9 Master Plan of Development Project N. Ferrocaril Road, Atascadero, CA 93422 Location APN: Portion of 049-043-002 Project A request to establish sixty airspace units on one common lot, based on findings and Description subject to conditions and approving an Amendment to CUP 2002-0072 PD -9 Master Plan of Development, allowing for a Condominium Plan over the Senior Housing Project Title portion of the Master Plan. Project General Plan Designation: CREC Location Zoning District: LS/PD9 Proposed Staff recommends that the Planning Commission finds the project consistent with Environmental Certified Mitigated Negative Declaration 2003-0054 prepared for ZCH 2003 - Determination 0069/CUP 2002-0072/TTM 2002-0020 establishing a PD -9 Overlay with a Master Plan of Development for 60 -Unit Senior Residential complex. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions of the Commission. Chairperson Kelley closed the Public Comment period. Commissioner Fonzi expressed concern with noise issues given the proximity of some of the units to the railroad tracks. Mr. Gearhart stated that a noise analysis was done previously on the sites and there are mitigation measures in place to address Commissioner Fonzi's concerns. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to adopt Resolution PC 2004-0128 approving Tentative Tract Map 2004-0056 (Tract 2657), a request to establish sixty airspace units on one common lot, based on findings and subject to conditions, adding the noise mitigation conditions as staff has presented, and approving an Amendment to CUP 2002-0072 PD -9 Master Plan of Development, allowing for a Condominium Plan over the Senior Housing portion of the Master Plan and variation in square footages for the individual units. Motion passed 6:0 by a roll -call vote. 8. TENTATIVE PARCEL MAP 2004-0063, 5740 ROSARIO AVENUE Applicant Carl D. Malcom, 5740 Rosario, Apt. 2, Atascadero, CA 93422 Phone: 461-3205 Project Title Tentative Parcel Map 2004-0063 Project 5740 Rosario Avenue, Atascadero, CA 93422, San Luis Obispo County Location APN 029-321-014 Project A Tentative Parcel Map application for conversion of three existing rental units to Description condominium airspace units on one common lot in the Low Density Multi -Family Zoning District. The application also includes a request for an exception to the fencing standards that would allow fencing up to five (5) feet in height in the front yard setback area. The parcel is level to slightly sloped. Native trees are not proposed for removal. City sewer serves the property and water is provided by the Atascadero Mutual Water Company. General Plan Designation: Low Density Residential Zonin District: Residential Multi -family— 10 (RMF -10) Proposed The project qualifies for a Class 3(b) Categorical Exemption, which exempts the Environmental conversion and/or construction of small structures including multi -family projects of Determination less than 4 units that do not otherwise create a negative impact. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. A memorandum regarding revisions to the Conditions of Approval was distributed to the Commission. (Exhibit C) PUBLIC COMMENT Carl Malcom, applicant, spoke about the project and stated his disagreement with the requirement for curbs, gutters and sidewalks as well as the sewer condition. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to adopt Resolution PC 2004-0119 approving Tentative Parcel Map 2004-0063, a request to establish three airspace units on one common lot and denying the exception to the fencing standards in the front yard setback area, based on findings and subject to conditions and the revised conditions as presented by staff as well as adjusting the condition about sewer maintenance that it would be allowed via the homeowners association CC&R's as stated by the applicant. Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Fonzi asked if the Commission could receive an update on the status of redevelopment. Community Development Director Warren Frace stated he would arrange for Redevelopment Specialist Marty Tracey to attend a Commission meeting to provide an update and answer questions. Commissioner Beraud asked if the furniture arrangement for the Commission could be changed to better see the other Commissioners. DIRECTOR'S REPORT Director Frace reported on several issues raised by Commissioners at the last meeting and reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Kelley adjourned the meeting at 10:27 p.m. to the next regularly scheduled meeting of the Planning Commission on November 16, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Neighborhood Petition re 5310 Carrizo Road Exhibit B — Robert and Nancy Amor, letter Exhibit C — Revised Conditions of Approval for TPM 2004-0063 Adopted 11-16-04 \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 04\PC Minutes. 11-03-04.doc