HomeMy WebLinkAboutPC Minutes 02-07-06CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, February 7, 2006 — 7:00 P.M.
Vice Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner
Kelley led the Pledge of Allegiance
ROLL CALL
Present: Commissioners Fonzi, Jones, Kelley, O'Keefe, Slane and Vice
Chairperson Beraud
Absent: Chairperson Porter
Staff Present: Community Development Director Warren Frace, City
Engineer/Public Works Director Steve Kahn, Deputy Community
Development Director Steve McHarris, Associate Planner Kelly
Gleason, Assistant Planner Lisa Wilkinson and Recording
Secretary Grace Pucci.
PLANNING COMMISSION BUSINESS
A. ELECTION OF NEW CHAIR AND VICE -CHAIR
MOTION: By Vice Chairperson Beraud and seconded by Commissioner
Kelley to nominate Commissioner O'Keefe to the position of
Planning Commission Vice Chairperson.
Motion passed 6:0 by a roll -call vote.
MOTION: By Commissioner Fonzi and seconded by Vice Chairperson
O'Keefe to nominate Commissioner Beraud to the position of
Planning Commission Chairperson.
Motion passed 6:0 by a roll -call vote.
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B. ADMINISTRATION OF OATH OF OFFICE
City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning
Commissioner, Roberta Fonzi.
APPROVAL OF AGENDA
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Jones to approve the agenda.
Motion passed 6:0 by a roll -call vote.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JANUARY 17, 2006.
MOTION: By Commissioner Fonzi and seconded by Vice Chairperson
O'Keefe to approve Item #1.
Motion passed 5:0 by a voice vote. (Beraud abstained)
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
2. TENTATIVE TRACT MAP 2005-0080, NAVAJOA / CONDITIONAL USE
PERMIT 2005-0151 AMENDMENT
Owner/
Applicant:
Terry Otis, 6480 Alta Pradera, Atascadero, CA 93422
Project Title:
Tentative Tract Map 2005-0080, Conditional Use Permit Amendment 2005-0151
Project
7665, 7675, 7685, 7695 Navajoa, Atascadero, CA 93422 APN 031-153-014
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Location:
Project
The proposed project consists of an application to create 4 airspace condominiums on one common lot.
Description:
The units are currently under construction. The Conditional Use Permit amendment changes the
condition requiring one unit at the low-income rate to requiring one unit at the moderate income rate,
consistent with State Density Bonus Law.
General Plan Designation: Medium Density Residential (MDR)
Zoning District: Residential Multi -Family — 10 (RMF -10)
Proposed
Class 1 of the California Environmental Quality Act (CEQA) (Section 15301) exempts alterations or
Environmental
conversions of existing facilities which create no or negligible expansions of use.
Determination:
Commissioner Kelley stepped down from consideration of this item stating he had a
business transaction with the applicant in the prior 12 month period.
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Terry Otis, applicant, spoke about the project.
Chairperson Beraud closed the Public Comment period.
Commissioner Fonzi suggested that the Commission put a time limit on the deed
restriction so that the City would get credit for the affordable unit in the redevelopment
area.
MOTION: By Commissioner Fonzi and seconded by Commissioner
Jones to adopt Resolution PC 2006-0014 approving Tentative
Tract Map 2005-0080, to establish four airspace condominium
units in one common lot, based on findings and subject to
conditions, and with a revision to page 26 Condition No. 7 to
read: the Applicant/owner shall deed restrict for 45 years for
sale units and 55 years for rental units, one unit for moderate
housina consistent with State Density Bonus Requirements;
and, adopt Resolution PC 2006-0016 approving Conditional
Use Permit 2005-0151 Amendment consistent with State
Density Bonus Laws.
Motion passed 5:0 by a roll -call vote. (Kelley abstained)
Commissioner Kelley rejoined the hearing.
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3. CONDITIONAL USE PERMIT 2002-0071 AMENDMENT
Applicant:
Atascadero Calvary Chapel, 6955 Portola, Atascadero, CA 93422
Project Title:
Conditional Use Permit 2002-0071 Amendment
Project
6955 Portola Road, Atascadero, CA
Location:
APN 054-071-001 and 054-083-004
Project
An Amendment to Conditional Use Permit # 82-0331 to modify the Master Plan of Development to include
Description:
overflow parking area adjacent to the church site.
General Plan Designation: Single -Family Residential (SFR)
Zoning District: Residential Single Family -Z (RSF-Z)
Proposed
CATEGORICAL EXEMPTION: The project qualifies for a Class 3 Categorically Exemption under the
Environmental
provisions of the California Environmental Quality Act, CEQA section 15303. Class 3.c. New construction
Determination
or conversion of small structures.
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Steve Shively, applicant, spoke about the project and answered questions of the
Commission.
Terry Hargrave stated he lives near the church and expressed his opposition to the
enlargement of the parking area and any further projects planned for the facility.
Steve Shively addressed issues raised by Mr. Hargrave.
Chairperson Beraud closed the Public Comment period.
There was Commission discussion and the following issues were raised:
■ A legal easement should be recorded on the second property.
■ The drainage basin should be redesigned to capture more water.
■ Need for a landscaping plan.
■ Concern for drainage problems in front of neighbors' homes.
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Fonzi to continue this item and let staff work with the applicant
to set the time to rehear it. Items to be addressed by staff
include: a landscaping plan, the neighbor to contact Public
Works with his concerns, an easement recorded, and the
additional drainage problems from the existing lots.
Motion passed 6:0 by a roll -call vote.
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4. CONDITIONAL USE PERMIT 2005-0158
Applicant:
Cingular Wireless, 12900 Park Plaza Drive, Cerritos, CA 90703
Owner:
Atascadero Mutual Water Company, 5005 El Camino Real, Atascadero, CA 93422
Project Title:
Conditional Use Permit 2005-0158, Telecommunications Facility
Project Location:
Serena Court (Pine Mountain Reservoir), Atascadero, CA 93422
(San Luis Obispo County) APN 028-221-007 and 029-105-041
Project
The proposed project is a shared wireless communication facility site consisting of the installation of
Description:
twelve (12) panel antennas mounted in three (3) separate sections. Four (4) antennas will be mounted to
four (4) proposed steel poles measuring fifteen (15) feet in height located on the southwest portion of the
hillside. Eight (8) antennas will be mounted to four (4) new steel poles measuring fifteen (15) feet in
height located on the northwest section of the hillside. A four (4') foot in diameter microwave dish will
be mounted to a fifteen (15) foot pole. An eleven and a half (11.5') foot by twenty eight (28) foot
equipment shelter will be located north of the existing equipment shelter. The site currently contains a
nine (9) foot by twelve (12') foot utility structure and four (4) pole mounted antennas. The site is
surrounded by existing low lying chaparral. Additional drought tolerant landscaping is proposed.
General Plan Designation: Rural Residential
Zoning District: Rural Residential
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The
Environmental
proposed Mitigated Negative Declaration is available for public review from 1/19/06 through 2/07/06 at
Determination
6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday
through Friday.
Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Trisha Knight, applicant's representative, answered questions of the Commission.
David Harrell stated he owns property near this site and requested that the roofline of
the new building be two feet lower than the existing building, and that the poles be
placed closer to the trees.
Trisha Knight stated the applicant can bring the roof line down two feet; however their
poles must be at some distance from the other carriers at the site so they will be adding
landscape to screen them.
Chairperson Beraud closed the Public Comment period.
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Jones to adopt Planning Commission Resolution 2006-0015
approving Conditional Use Permit 2005-0158, and adding the
request that the building be dropped down a little bit, and a
condition that the applicant do follow up with regard to the
landscaping, specifically either expanding the protection
and/or removing it when it's time to.
Motion passed 6:0 by a roll -call vote.
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5. VARIANCE 2005-0009
Applicant:
Eric Roy, 9186 Palomar Ave., Atascadero, CA 93422
Project Title:
Variance 2005-0009
Project Location:
9186 Palomar Ave., Atascadero, CA 93422
Project
A variance request to allow a front yard fence to be five (5') to six (6') feet in height. Fencing within the
Description:
front setback is currently limited to three (3) feet in height.
General Plan Designation: SFR -Y
Zoning District: RSF-Y
Proposed
CATEGORICAL EXEMPTION: The project qualifies for a Class 5 Categorically Exemption under the
Environmental
provisions of the California Environmental Quality Act, CEQA section 15305. Minor Alterations in Land
Determination
Use Limitations.
Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Eric and Katherine Roy, applicants, spoke about the importance of the fence for their
safety and privacy and expressed their disagreement with the staff recommendation.
Robert Davis stated he lives near the applicant's home and expressed his support for
the request for a Variance.
Michael Johnson stated he lives in this neighborhood and indicated his support for the
Variance.
Chairperson Beraud closed the Public Comment period.
Commissioner Slane stated he visited the site and can understand the applicant's
concerns with headlights and privacy and that the fence is the best looking one on the
street, in addition he does not see a safety issue.
Commissioner Kelley remarked that it was a nice looking fence, but there is an
Ordinance in place regarding the setback and height of fences and the Planning
Commission should live by it.
Commissioner O'Keefe indicated her agreement with Commissioner Kelley, but does
not see a safety issue. She believes there can be other solutions that do not violate the
Ordinance.
Community Development Director Warren Frace suggested a possible solution. In this
situation the Ordinance would allow a five-foot fence with the top two feet of a screening
type fence and the bottom three -feet of solid construction.
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Commissioner Fonzi stated she could make finding #2, however, finding #1 is more
difficult to make. She believes there are many fences this height on this street and she
would be in favor of granting the Variance.
MOTION: By Commissioner Kelley and seconded by Vice Chairperson
O'Keefe to deny the Variance application due to the ordinance
that is in place and upon the recommendation of the city staff.
Motion failed 3:3 by a roll -call vote. (Jones, Slane, Fonzi
opposed)
Commissioner O'Keefe suggested leaving the fence but lowering it to the allowed height
with a trellis. She stated it is important not to set a precedent.
Commissioner Kelley stated he was willing to work with the solution staff suggested.
PUBLIC COMMENT
Eric and Katherine Roy explained why double drapes and lattice would not address their
problems.
Michael Johnson explained that there is noise as well as privacy issues from cars using
this intersection.
Robert Davis stated he does not see a safety issue with this fence.
Chairperson Beraud closed the Public Comment period.
Chairperson Beraud stated it was important for the Planning Commission to follow city
Ordinances, particularly if there is, as in this case, a specific complaint.
MOTION: By Commissioner Kelley and seconded by Chairperson
Beraud to deny the Variance application due to the ordinance
that is in place and upon the recommendation of the city staff.
Motion failed 3:3 by a roll -call vote. (Jones, Slane, Fonzi
opposed)
MOTION: By Commissioner Jones and seconded by Commissioner
Slane to continue this item to a date certain of February 21St
Motion passed 6:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Jones asked if the housing inventory and deed restrictions were being
tracked. Director Frace stated there will be report to the Commission in the near future.
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Commissioner Kelley inquired if the Carl's Jr. project at San Anselmo and EI Camino
Real is going forward. Director Frace stated that Carl's Jr. may have opted out of the
project, that there is an appeal on the project filed by a City Council member, and that
the CUP will stay alive for a year regardless of whether or not Carl's Jr. goes forward.
Commissioner Kelley then referred to the monetary value placed on improvements to
the project without specifications, and asked if there were a tool put in place to control
that. Director Kahn indicated that it is difficult to limit what the cost will be on a project
and there must be some funding source available to back fill the cost overrun.
Chairperson Beraud asked if anything further has been resolved with the Weyrich's
regarding their billboards. Director Frace stated there has not.
Commissioner Jones referred to the three intersections that are not developed at Del
Rio Road and EI Camino Real and asked if any proposed activity there could be the
threshold for triggering a design charrette. Director Frace stated this would be a
threshold.
Commissioner Kelley inquired if anything concerned with the Compassionate Care
Center would be coming before the Planning Commission in the future. Director Frace
explained the current status of this issue and stated that the Commission would be
involved with reviewing the draft Ordinance and making a recommendation, and
possibly for making the decision on the CUP.
Chairperson Beraud asked if it were possible that the City's website could broadcast
Planning Commission meetings. Director Frace stated that it was technically possible,
but it would be a decision made by the City Council.
DIRECTOR'S REPORT
Community Development Director Warren Frace gave an overview of the City Council's
recent Strategic Planning Session and reviewed the agenda for the next Planning
Commission meeting.
ADJOURNMENT
Chairperson Beraud adjourned the meeting at 8:55 p.m. to the next regularly scheduled
meeting of the Planning Commission on February 21, 2006.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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