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HomeMy WebLinkAboutPC Minutes 05-02-06CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, May 2, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Kelley led the Pledge of Allegiance. Rr)l I r:Al I Present: Commissioners Fonzi, Kelley, Porter, O'Keefe and Chairperson Beraud Absent: Commissioners Jones and Slane Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Porter to approve the agenda. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT None PC Minutes 05/02/06 Page 1 of 13 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 18, 2006. 2. APPROVAL OF TIME EXTENSION ON TTM 2001-0011, RUSSELL 3. APPROVAL OF TIME EXTENSION ON TPM 2002-0028, FREDERICK 4. APPROVAL OF TIME EXTENSION ON TTM 2002-0021, BARNHARD Items pulled: Chairperson Beraud, Item #4 MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to approve Items #1, 2 and 3. Motion passed 5:0 by a roll -call vote. Item #4: Commissioner Beraud requested an updated arborists report for this project to assess the current status of the trees to determine if further mitigation is needed. MOTION: By Chairperson Beraud and seconded by Vice Chairperson O'Keefe to approve the time extension on TTM 2002-0021, and that an arborists report will be completed within 45 days and staff will report back to the Planning Commission. Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 5. TENTATIVE PARCEL MAP 2005-0072 Owners: Jeff Hansen, P O Box 1710, Atascadero CA 93423, Phone: 466-1334 Barak Miles, 5255 Traffic Way, Suite #104, Atascadero, CA 93422, Phone: 461-5560 Applicant: Geo -West Land Consultants, 5255 Traffic Way, Suite #104, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2005-0072, PLN 2099-0351 Project 5155 Escarpa Ave., Atascadero, CA 93422, San Luis Obispo County Location: APN 029-161-008 Project A proposed subdivision of an existing 3.37 gross acre lot into three individual parcels of 1.22, Description: 1. 14, and 1.00 net acres. The site is currently contains a single-family residence that will remain on proposed parcel 1. The parcels consist of moderate to steep slopes and contain native trees and vegetation. Onsite septic will serve the proposed new residences and water is available from Atascadero Mutual Water Company. The proposal includes tree conservation easements to protect existing on-site native trees and to restrict building on slopes of over 20%. General Plan Designation: Single Family Residential SFR -Y PC Minutes 05/02/06 Page 2 of 13 Ex Parte Communications ■ Commissioner Kelley stated he received an email from the applicant to which he did not respond. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Barak Miles, applicant's representative and co-owner, stated that the applicant has lived in Atascadero since 1980 and addressed questions raised by the commission. Jeff Hansen, applicant, stated he has spoken to most of the neighbors explaining his project and they indicated they would not oppose it. Becky Rogers stated her concerns with drainage issues for this project and their effect on her property. Jeff Van den Eikhof stated that he originally was opposed to this project because of drainage problems, however, since then the lots have been redesigned to prevent some of the drainage problems and he is now in favor of it. Mark Davis, project engineer, spoke of his design for the septic systems and answered questions regarding drainage issues on the project. Chairperson Beraud closed the Public Comment period. Vice Chairperson O'Keefe stated she could not approve this if second units were permitted on the property, as there would be too many impacts and tree removals. Chairperson Beraud stated she was concerned that the smaller lots of this project are not compatible with neighborhood and the higher density could impede wildlife flow and have impacts on Stadium Park. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to adopt Resolution PC 2006-0036, certifying Proposed Mitigated Negative Declaration 2005-0032 and approving Tentative Parcel Map 2005-0072, based on findings and subject to conditions of approval and mitigation monitoring. Motion passed 3:2 by a roll -call vote. (O'Keefe, Beraud opposed) PC Minutes 05/02/06 Page 3 of 13 Zoning District: Residential Single Family (RSF-Y) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 4/06/06 through 4/25/06 at Determination: 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Ex Parte Communications ■ Commissioner Kelley stated he received an email from the applicant to which he did not respond. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Barak Miles, applicant's representative and co-owner, stated that the applicant has lived in Atascadero since 1980 and addressed questions raised by the commission. Jeff Hansen, applicant, stated he has spoken to most of the neighbors explaining his project and they indicated they would not oppose it. Becky Rogers stated her concerns with drainage issues for this project and their effect on her property. Jeff Van den Eikhof stated that he originally was opposed to this project because of drainage problems, however, since then the lots have been redesigned to prevent some of the drainage problems and he is now in favor of it. Mark Davis, project engineer, spoke of his design for the septic systems and answered questions regarding drainage issues on the project. Chairperson Beraud closed the Public Comment period. Vice Chairperson O'Keefe stated she could not approve this if second units were permitted on the property, as there would be too many impacts and tree removals. Chairperson Beraud stated she was concerned that the smaller lots of this project are not compatible with neighborhood and the higher density could impede wildlife flow and have impacts on Stadium Park. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to adopt Resolution PC 2006-0036, certifying Proposed Mitigated Negative Declaration 2005-0032 and approving Tentative Parcel Map 2005-0072, based on findings and subject to conditions of approval and mitigation monitoring. Motion passed 3:2 by a roll -call vote. (O'Keefe, Beraud opposed) PC Minutes 05/02/06 Page 3 of 13 Vice Chairperson O'Keefe stated for the record that she had voted no because she is concerned that if this is approved someone can change the building envelope in the future, that these lots will be smaller that other lots in the neighborhood, and that others in the neighborhood may request additional lot splits. Chairperson Beraud stated for the record that she had voted no because originally the Planning Commission had recommended two lots, which she thinks are more compatible with the surrounding neighborhood than three. 6. TENTATIVE PARCEL MAP 2005-0075 Applicant: Sholders Land Surveys, 9301 Central Ave., Garden Grove, CA 92844 Owners: Micah & Lisa Mumford, 7405 San Gabriel Rd., Atascadero, CA 93422 Charles Inman, 7930 Santa Ysabel, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2005-0075, PLN 2099-0554 Project 9075 San Diego Road, Atascadero, CA 93422, APN 045-441-005 Location: General Plan Designation: RE (Residential Estate) Zoning District: RS (Residential Suburban) Project Minor 3 -lot subdivision on slopes of less than ten percent with a request for native tree removal. Description: This is a continued item from the Planning Commission's hearing of 2/21/06. Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 4/4/06 through 4/23/06 at Determination: 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Micah Mumford, applicant, spoke about the placement of the road, tree removals, and changes to the plan based on the recommendations from the last Planning Commission meeting. Mr. Mumford stated for the record that he is not in favor of clustering the homes, and answered questions of the Commission. Vice Chairperson O'Keefe proposed that an area be set aside where it wouldn't impinge on the homeowners to create receiver sites for tree planting. She stated that they are finding through the tree inventory that there is no regeneration of the trees. Mr. Mumford stated he is not opposed to the idea but would need to have more information. Commissioner Kelley was concerned about the watering and care of the trees at the receiver site and stated these issues must be addressed prior to implementing this on someone's property. PC Minutes 05/02/06 Page 4 of 13 William Mehring stated he likes a lot of what he has seen tonight, and suggested the large swale on his property be avoided. He expressed concern with the flag lot and easement, which he would prefer to see on the east side of the property, and would like to see consistency with prior projects regarding tree removals. Eric Greening stated that Atascadero has a senescent forest and he is supportive of Commissioner O'Keefe's idea if there is a way to implement it. He recommended that receiver sites be contiguous with other woodland areas and receiver sites. Micah Mumford stated that Option 2 is the preferred road option and explained why the location of the road was switched. Chairperson Beraud closed the Public Comment period. Commissioner Fonzi asked for a discussion of the clustering concept. Commissioner Kelley stated it should not be incorporated into the motion, and that smaller lots are not contributory to the look of Atascadero. Commissioner Porter agreed that what the applicant has requested is better, and that it stays consistent with the neighborhood. Vice Chairperson O'Keefe stated she supports clustering in general, however in this project the current plan works with the land in the best way possible, and the adjustments that have been made are adequate, and so she no longer supports clustering for this project. Chairperson Beraud commented that it was good to see the clustering proposal, and she would support having some open space easements on each parcel for tree conservation. She proposed that for trees 40% or more impacted by the road there be a tree mitigation deposit as an incentive to the developer to protect the trees. Vice Chairperson O'Keefe proposed that in lieu of paying into the tree fund, replanting be done on site in areas identified by the arborist as good sites out of the areas where the houses are placed, and that the trees be monitored for two years to make sure they survive. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to adopt Resolution No PC 2006-0019 approving Tentative Parcel Map 2005-0075 (AT 05-0292), a request to subdivide one parcel totaling approximately 9 acres, gross, into three parcels of 2.632, 2.632 and 2.994 acres, with Driveway Option 2 and approving the removal of five native oak trees subject to mitigation, based on findings and subject to conditions. PC Minutes 05/02/06 Page 5 of 13 Motion failed 2:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud opposed) Commissioner Fonzi stated for the record she voted no because she would like additional conditions for the trees. Commissioner O'Keefe stated for the record she voted no because she would like additional conditions for the trees. Commissioner Kelley stated there are enough tools in place to protect trees and the Commission should not place an additional financial burden on those wishing to improve their property. Commissioner Porter commented that if a developer is required to bond he would either get a letter of credit through a financial institution or purchase the bonding through an insurance company paying only a small percentage, but a direct deposit is paid in full to the tree mitigation fund with no interest to the applicant. MOTION: By Chairperson Beraud and seconded by Commissioner Fonzi to adopt Resolution No PC 2006-0019 approving Tentative Parcel Map 2005-0075 (AT 05-0292), a request to subdivide one parcel totaling approximately 9 acres, gross, into three parcels of 2.632, 2.632 and 2.994 acres, with Driveway Option 2 and approving the removal of five native oak trees subject to mitigation, based on findings and subject to conditions and with the additional conditions that there will be open space easements on each property as indicated in the staff report and that all trees with greater than or equal to 40% impact have a tree mitigation deposit, and that the mitigation for the tree removal be replanting on site with 1 gallon like species on sites to be identified by the arborist as good areas that will support the trees. Motion passed 4:1 by a roll -call vote. (Porter opposed) Commissioner Kelley stated for the record that he voted for the lot split but he is personally opposed to the additional conditions. 7. CONDITIONAL USE PERMIT 2006-0181/TENTATIVE TRACT MAP 2005-0077 Applicant: Paul Norton, PO Box 1107, Atascadero, CA 93423, Phone: 466-4776 Project Title: CUP 2006-0181, TTM 2005-0077, PLN 2099-1075 Project Location: 8350 Santa Ynez, Atascadero, CA 93422 (San Luis Obispo County) APN 031-222-010 PC Minutes 05/02/06 Page 6 of 13 Project The proposed project consists of a condominium map to create 4 airspace condos on one Description: common lot. The proposed rear units will encroach into the creek setback area and thus, Project Title: requires Planning Commission review and approval. The site contains one existing house which Project is proposed to remain. One native tree is proposed for removal. All units will share access from Location: Santa Ynez Ave. The project will be served by City sewer. Project General Plan Designation: MDR Description: Zoning District: RMF -10 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 4/13/06 through 5/02/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Paul Norton, applicant, answered questions of the Commission. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2006-0039 certifying the Proposed Mitigated Negative Declaration and approving Conditional Use Permit 2006-0181, to allow encroachment into the creek setback, based on findings and subject to conditions and that the Planning Commission adopt Resolution PC 2006- 0040 approving Tentative Tract Map 2005-0077, to establish four airspace condominium units on one common lot, based on findings and subject to conditions. Motion passed 5:0 by a roll -call vote. Chairperson Beraud recessed the hearing at 8:23 p.m. Chairperson Beraud called the meeting back to order at 8:30 p.m. 8. ZONE CHANGE 2005-0103 Owner / Kelly Gearhart, Atascadero Homeowners, LLC, 6205 Alcantara Ave, Atascadero, CA 93422 Applicant: Project Title: Zone Change 2005-0103, CUP 2005-0167, TTM 2005-0074, PLN 2099-1075 Project Linda Vista, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-121-001, 031-114-004, -005, 031-191-005, -006 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Tract Map for the construction of 5 new single-family attached homes on individual lots PC Minutes 05/02/06 Page 7 of 13 Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Mandi Raike, applicant's representative, gave a presentation on the project. Jamie Kirk, applicant's representative, answered questions of the Commission. The applicant requested a clarification to a mitigation requirement calling for full frontage improvements to reflect that the shoulder will be reduced slightly, but the pavement width will remain the same. Ken Shicoma, project engineer, answered questions of the Commission. Tom Russell expressed his concern with water runoff from Navarette, and the increased impacts to the neighborhood from traffic. Susanne Fritz stated her concerns that the neighborhood had not been given the corrected Mitigated Negative Declaration and asked that action on this item be delayed so that the neighbors can review it. She was also concerned with the arborist's report and the tree tagging in the green space and requested that prior to approval a certified arborist properly tag the trees. Ms. Fritz also asked that the green space be permanently designated as such to avoid the possibility of subdividing it in the future. Carol Nelson Selby expressed her concerns regarding tagging and removal of trees, title to the undeveloped space, flooding, and sewer issues. She submitted a written summary of her concerns (Exhibit A). Lindsey Hampton stated her concerns about the number of trees tagged, maintenance of the conservation easement, and drainage onto Navarette. Robert Tol read from a prepared statement urging the Commission not to approve the project and that it be developed as originally proposed. His concerns included the increase in traffic, noise, property devaluation and incompatibility with the surrounding PC Minutes 05/02/06 Page 8 of 13 that will be developed under the requirements of the Planned Development overlay #16 which allows for a clustered development in exchange for restricted open space areas. Proposed homes are approximately 1359 square feet with a 596 square -foot garage. 24 native trees are proposed for removal. The project will take access off of Linda Vista Ave. full frontage improvements will be provided along Linda Vista to the Navarette Ave intersection. General Plan Designation: Single -Family Residential (SFR -Y) Zoning District: Residential Single -Family -Y (RSF-Y) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review from 4/11/06 through Determination: 4/30/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Mandi Raike, applicant's representative, gave a presentation on the project. Jamie Kirk, applicant's representative, answered questions of the Commission. The applicant requested a clarification to a mitigation requirement calling for full frontage improvements to reflect that the shoulder will be reduced slightly, but the pavement width will remain the same. Ken Shicoma, project engineer, answered questions of the Commission. Tom Russell expressed his concern with water runoff from Navarette, and the increased impacts to the neighborhood from traffic. Susanne Fritz stated her concerns that the neighborhood had not been given the corrected Mitigated Negative Declaration and asked that action on this item be delayed so that the neighbors can review it. She was also concerned with the arborist's report and the tree tagging in the green space and requested that prior to approval a certified arborist properly tag the trees. Ms. Fritz also asked that the green space be permanently designated as such to avoid the possibility of subdividing it in the future. Carol Nelson Selby expressed her concerns regarding tagging and removal of trees, title to the undeveloped space, flooding, and sewer issues. She submitted a written summary of her concerns (Exhibit A). Lindsey Hampton stated her concerns about the number of trees tagged, maintenance of the conservation easement, and drainage onto Navarette. Robert Tol read from a prepared statement urging the Commission not to approve the project and that it be developed as originally proposed. His concerns included the increase in traffic, noise, property devaluation and incompatibility with the surrounding PC Minutes 05/02/06 Page 8 of 13 neighborhood. Mr. Tol submitted a petition from neighboring residents in opposition to the proposed Planned Development Overlay. (Exhibit B) Lee McDaniel expressed her concerns regarding maintenance of the open space, additional traffic, tree removals and impacts, drainage, and decrease in property values. She supports the concept of one house on one lot and urged the Commission not to support this project. Tom McLaughlin expressed concern for the neighbors who live below the project and the impacts to their properties from headlights, noise, exhaust, and increased traffic. He agreed with the prior speakers regarding water runoff from Navarette, and doesn't see the need to cluster the homes. Walter Reil commented on the quality of life and privacy expected by the residents of Atascadero, and stated that this project is inconsistent with the other homes in the area. He indicated that the three story homes are overbearing and cause the loss of privacy. He stated the entire length of Linda Vista should be improved, was concerned that there is no adequate drainage on Navarette, and no communication with the homeowners on the cost to connect with sewer. He asked that the Commission not approve the project. Marcia Rogers stated she lives directly below the development and is concerned that the rural atmosphere of the community will be lost with this development. She spoke of the impacts of this development to her property including safety, headlights, exhaust emissions, increased traffic, and noise. Guadalupe Lopez spoke about her concerns with the density of the development, the loss of open space, trees and wildlife. She urged the Commission to consider one house on each lot, not five clustered houses. Wendy Ogle spoke about the loss of wildlife in this area and her concerns for the safety of her son with the additional traffic. She fears that noise levels will increase and the views will be impacted by the walls. Larry Guittard urged the commission to vote against this as it is an inappropriate use of the land as it is currently zoned. He stated the project is inconsistent with the original zoning, and is concerned with drainage off of Navarette and increased traffic. He is against a cluster subdivision and stated the site should remain as 5 lots with 5 homes. Janice Kishley expressed her opinion that this project is wrong for the area and not compatible with the rest of the neighborhood, and that a cluster development should not be located in this residential area. Curtis Pendleton commented on several issues including, circulation problems, increased traffic on Linda Vista, grading, safety, drainage problems, and tree removals. She would like more clarification on these issues before the Commission votes. PC Minutes 05/02/06 Page 9 of 13 John Morrison stated that clustered developments have their place but not in this location. He fears this will open the door to many more such developments, and that the area has an old forest that must be protected. Robert Tol sited several inconsistencies in the initial study and staff report. Walter Reil spoke about safety on Navarette Avenue stating that cars go too fast and there is no stop sign. Guadalupe Lopez spoke about an instance where it took the Fire Department a long time to locate a site in the area. Chairperson Beraud closed the Public Comment period. Chairperson Beraud asked staff to address several questions raised during Public Comment. City Engineer Steve Kahn explained the drainage and runoff releases for the project. Mr. Kahn reported that no downstream analysis or studies have been done below Navarette and Linda Vista. He stated that as currently designed, less water will go down Navarette than exists today, but that this project will not fix the problem. Regarding sewer extension, Mr. Kahn reported that part of the requirement is to extend it to the far property line to the end of the pavement. Regarding recovery fees, the developer has the right when he extends the sewer main up a road to file a reimbursement map and if he does, those wanting to hook up who are directly opposite would be required to reimburse him. If the line was extended further up Linda Vista there would be no reimbursement fee. Jamie Kirk reported that the on site roads as well as the drainage features would be maintained by the homeowners association, and spoke about the open space easement. Regarding the tagging of trees on the site she reported that most of the tagging was of the 80 trees that would have had to be removed if the site were developed under the existing configuration. Ms. Kirk and Ken Shicoma answered additional questions of the Commission. Vice Chairperson O'Keefe stated that she did not see any architectural enhancements, and found the appearance to be not very appealing. Chairperson Beraud remarked on the need for a stop sign at the intersection of Linda Vista and Navarette, and for additional landscape mitigation for the higher walls. PUBLIC COMMENT Kelly Gearhart, applicant, explained that whether the homes are developed on individual lots or clustered the same amount of road improvements would be done. He further PC Minutes 05/02/06 Page 10 of 13 remarked that if the lots were developed individually the water runoff would continue to drain to the corner of Navarette and Linda Vista, however, the way it is designed now it slows the water down. Mr. Gearhart stated he could deal with changing the elevations and the additional landscaping. Wendy Ogle explained that there are two blind spots on Linda Vista, and spoke about safety issues. Robert Tol stated that the biggest opposition from the neighborhood is that this development doesn't fit with the type of housing currently there. He is also concerned that the drainage basin will generate a large amount of flow. Marcia Rogers stated her concerns with safety issues below Linda Vista. Lee McDaniel asked how the public will benefit from the proposed sewer, and expressed doubt that there will be less runoff than at present. She stated the elevations are not architecturally enhanced, and questioned whether Mr. Gearhart has title to the lots. Walter Reil clarified that Navarette Avenue does not have a sewer. Carol Nelson Selby asked about widening the road. Chairperson Beraud closed the Public Comment period. City Engineer Steve Kahn clarified that the sewer would be extended through Navarette and it will be difficult because the road is old and the edges tend to ravel. Jamie Kirk stated the applicant has offered to install a guard rail on Linda Vista to address the safety concerns raised and asked that it be included as a condition of approval. Commissioner Kelley commented that the conflicting report regarding the trees is of concern however, it will be coming back to the Council and can be remedied there. The way the project is now configured will create less of an impact on the neighborhood than if five homes are built as there will be less grading and more open green space. He remarked that the architectural design can be changed to accommodate Commission concerns and that this design has less of an impact than five houses on five lots. Commissioner Fonzi stated she has a problem with the finding that the proposed zone change is consistent with the intent of the General Plan as this project doesn't fit in with the neighborhood because the density is too high for the site. She also cannot make the finding that this is compatible with the existing neighborhood; she can't see it on this site with three story houses and retaining walls and for this reason she cannot support the project. PC Minutes 05/02/06 Page 11 of 13 Commissioner Porter indicated he is in favor of clustering this project, and that the open space easement outweighs the increased density to the site. He believes the drainage situation seems to have been addressed by the engineer and stated that Atascadero is changing and that this is a great way to get to the General Plan infill build -out. He stated that this project has been mitigated and will be monitored, and it will be a good project. Vice Chairperson O'Keefe stated that some elements of the General Plan for this project will be in conflict and there will be conformance with others especially in regard to preserving the contours of the hills and reducing unnecessary grading and preserving trees, however there is the issue of compatibility with the neighborhood. These lots will be developed, but she has a problem with the appearance of the buildings and hopes that additional landscaping will buffer and soften the effect. She indicated that after weighing everything she will vote for approval and that the clustering will create a superior project. Chairperson Beraud stated she was in the same quandary as Vice Chairperson O'Keefe as there are good sides and bad sides to the project, however because of the overwhelming lack of support from the community, she cannot support it. MOTION: By Commissioner Kelley and seconded Commissioner Porter to adopt Resolution PC 2006-0041 recommending the City Council certify Proposed Mitigated Negative Declaration 2006- 0014; and, adopt Resolution PC 2006-0042 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2006-0119 to establish a Planed Development Overlay Zone #28 based on findings; and, adopt Resolution PC 2006-0043 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2005-0103 based on findings; and, adopt Resolution PC 2006-0044 recommending the City Council approve Conditional Use Permit 2005-0167 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2006-0045 recommending the City Council approve Vesting Tentative Tract Map 2005-0074 based on findings and subject to Conditions of Approval and Mitigation Monitoring, with the following additional conditions: 1) that a stop sign be put at the intersection of Linda Vista and Navarette, 2) that the guard rail be made a condition at the end of the driveway as volunteered by the applicant, and 3) that the applicant work with city staff on the landscaping design for the entry and for softening of the retaining walls. Motion passed 3:2 by a roll -call vote. (Fonzi, Beraud opposed) Commissioner Fonzi stated for the record that she had voted no because she feels it is incompatible with the neighborhood. PC Minutes 05/02/06 Page 12 of 13 Chairperson Beraud stated for the record that she had voted no because the project is incompatible with neighborhood. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson O'Keefe asked about the pre construction meeting that was to take place for the tree removal on Ferrocaril. Community Development Director Warren Frace stated that there was no pre construction meeting; they are done on larger more complicated projects, but he doesn't have staff time to do them on all projects. Chairperson Beraud requested that when the tree inventory is brought back to the Commission there be a discussion on how to apply the information. Director Frace indicated that this would be a good opportunity for such a discussion that that this will be a good tool for decision making. Commissioner Kelley asked about the intersection of EI Camino and Del Rio Road. Director Frace explained that a joint Planning Commission/City Council workshop has been scheduled for May 30th with the applicant for the Annex Project. Currently nothing has been submitted, but the purpose of the meeting is to make a formal presentation of the proposed project, the scope of the project and hopefully who the tenants will be. DIRECTOR'S REPORT Director Frace spoke about the Annex project meeting and reviewed the next Planning Commission agenda. Director Frace introduced new planner Callie Ford who was in the audience. ADJOURNMENT Chairperson Beraud adjourned the meeting at 10:53 p.m. to the next regularly scheduled meeting of the Planning Commission on May 16, 2006. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A - Carol Nelson -Selby, Questions re Linda Vista Project. Exhibit B — Petition from residents of Linda Vista, Navarette, Alta Vista. PC Minutes 05/02/06 Page 13 of 13