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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. PC Minutes 02/07/06 Page 1 of 8 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 PC Minutes 02/07/06 Page 2 of 8 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. PC Minutes 02/07/06 Page 3 of 8 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. PC Minutes 02/07/06 Page 4 of 8 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. PC Minutes 02/07/06 Page 5 of 8 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. PC Minutes 02/07/06 Page 6 of 8 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. PC Minutes 02/07/06 Page 7 of 8 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 PC Minutes 02/07/06 Page 8 of 8