HomeMy WebLinkAboutPC Minutes 05-16-06CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
May 16, 2006 — 7:00 P.M.
Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Slane
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Fonzi, Jones, Kelley, Porter, Slane, O'Keefe and
Chairperson Beraud
Absent: None
Staff Present: Community Development Director Warren Frace, Deputy
Community Development Director Steve McHarris, Civil Engineer
Joe Chouinard, Associate Planner Kelly Gleason, Planning
Technician Paul Tabone and Recording Secretary Grace Pucci.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Commissioner Porter and seconded by Commissioner
Jones to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PUBLIC COMMENT
None
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CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON MAY 2, 2006.
2. APPROVAL OF FINAL MAP 2005-0127, 8350 AND 8380 ATASCADERO AVE.
LLA 2004-0061) CONSTANZO/MILLAR/SWITZER
3. APPROVAL OF TIME EXTENSION ON TTM 2004-0047, R. W. HERTEL &
SONS
Items pulled: Vice Chairperson O'Keefe, Item #3.
Chairperson Beraud requested a change to the Minutes of May 2, 2006, page 2, Motion
for Item #4: add that staff is to report back to the Planning Commission on the arborist's
report.
MOTION: By Commissioner Fonzi and seconded by Commissioner
Kelley to approve Items #1 as amended and Item #2.
Motion passed 5:0 by a roll -call vote. (Jones, Slane abstained)
Item #3: Vice Chairperson O'Keefe stated she will vote no on this project as an
expression of disappointment because when the project came before the Commission
they were told it would be a balanced project with regard to cut and fill, however 70,000
cubic yards of fill have left the site and of that 7,000 cubic yards were dumped into the
Salinas River.
Chairperson Beraud requested a change to Condition No. 11.e. on page 24: change
2.5% to 5%.
Commissioner Kelley stated that the project had taken place over the last 3 years during
which there have been significant increases in building costs and he questioned if it is
fair to place an additional financial burden on them at this time.
MOTION: By Chairperson Beraud and seconded by Commissioner Fonzi
to approve the Time Extension on TTM 2004-0047 with the
correction to Condition 11.e. to read: In -lieu fees using 2:5%
of the building valuation for the five (5) apartment units.
Motion passed 6:1 by a roll -call vote. (O'Keefe opposed)
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COMMUNITY DEVELOPMENT STAFF REPORTS
4. TREE REMOVAL PERMIT 2006-0087,13750 OLD MORRO ROAD
Planning Technician Paul Tabone gave the staff report and with Civil Engineer Joe
Chouinard answered questions of the Commission.
Ex Parte Communications
■ Vice Chairperson O'Keefe stated she had spoken with the owner and suggested he
speak to staff regarding access to a future barn on the property.
PUBLIC COMMENT
Tim Roberts, civil engineer and applicant's representative, spoke about the uniqueness
of the project and explained how the access to the site was determined. Mr. Roberts
answered questions of the Commission.
Scott McMahan, applicant, spoke about how he came to acquire the lot, the tree
removals, the proposed culvert and the possible construction of a barn.
Chairperson Beraud closed the Public Comment period.
MOTION: By Commissioner Kelley and seconded by Commissioner
Fonzi to adopt Resolution PC 2006-0050 to approve the
request to remove forty-eight native oak trees subject to the
guidelines and mitigation required by the Atascadero
Municipal Code and Native Tree Ordinance and that the
applicant work with staff on a combination of mitigation fees,
replanting the trees, and initiating a tree preservation
easement, and that he be allowed to use an arched culvert in
the roadway design, and if there is an impact to the drainage
way the applicant will be responsible for notifying the Regional
Water Quality Control Board and pay a $60 fee to qualify for a
nationwide permit, and contact the Department of Fish and
Game to make a determination on the potential for a stream
bed alteration permit and provide the City with evidence of that
prior to construction in that area.
Motion passed 7:0 by a roll -call vote.
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PUBLIC HEARINGS
5. CUP AMENDMENT 2002-0071, AMENDMENT CALVARY CHAPEL
Applicant:
Atascadero Calvary Chapel, 6955 Portola, Atascadero, CA 93422
Owners:
Atascadero Calvary Chapel, 6955 Portola Road, Atascadero, CA 93422
Steven Shively, 5260 Cabrillo Ave., 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
The proposed project consists of a request to expand an existing church facility to allow
Description:
overflow parking on an adjacent single-family residential parcel. The application includes a
decomposed granite parking area, drainage facilities, and landscaping.
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
Environmental
under the provisions of the California Environmental Quality Act, CEQA section 15303.
Determination
Class 3.c. New construction or conversion of small structures.
Community Development Director Warren Frace gave the staff report and answered
questions of the Commission.
PUBLIC COMMENT
Ditas Esperanza, civil engineer and applicant's representative, stated that the applicant
agrees with all the conditions of approval.
Jerry James stated he lives adjacent to the site in question and expressed concern
regarding the drainage plan, the impact to the neighborhood from increased traffic flow,
and the occupancy load for the structure.
Areon Liter addressed the vegetation removal at the site, and the increased water runoff
created by the church. She would like to see the character of the street maintained.
Terry Hargrave stated several concerns with the project including: lack of a professional
landscape architect, water run off from the site, the unsightly nature of the decomposed
granite slab, the safety of the drainage basin, signage, and the legal responsibility for
the economic impact to the neighborhood.
Steve De Stellen, speaking for himself and several other neighbors who could not be
here tonight, stated that the church people have been working hard to improve the site,
that there is no problem from traffic and that they have no complaints regarding the
proposed project.
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Linda (no last name given) spoke about the impacts to the neighborhood from the
church including traffic, lights, visual aspect of the parking lot, and loss of wildlife from
the site.
Steve Shively, Pastor of the Church, spoke about the proposed landscaping and the
removal of foliage from the site. He stated it is their desire to improve the site and the
water runoff, and explained that he is working with staff to improve the lighting. Pastor
Shively answered questions of the Commission.
Chairperson Beraud closed the Public Comment period.
Vice Chairperson O'Keefe commented that what was presented was not a professional
landscape plan as requested by the Commission and she is concerned with the choices
for plant material, she would like more drought tolerant and native plants.
MOTION: By Commissioner Fonzi and seconded by Commissioner
Kelley to adopt Resolution PC 2006-0017 approving
Conditional Use Permit Amendment 2002-0071 based on
findings and subject to Conditions of Approval with one of the
conditions being that the applicant will work with staff and a
professional landscaper to provide adequate landscaping
utilizing drought tolerant plants and if at any future time the
CUP is amended the easement could be reconveyed.
Motion passed 6:1 by a roll -call vote. (O'Keefe opposed)
Vice Chairperson O'Keefe stated for the record that she voted no because this did not
meet the requirement for the professional landscape plan and the project continues to
have an impact to the neighborhood from things like lighting in addition to the
landscaping.
6. TENTATIVE TRACT MAP 2004-0061
Owner:
Rancho De Paraiso LLC, 6465 Alta Pradera Ln, Atascadero, CA 93422
Project Title:
TTM 2004-0061, Subdivision of 2 lots
Project
6750 San Gabriel Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 054-191-035, 036
Project
The project consists of an application to subdivide an existing lot of record. The original
Description:
8.41 acre parcel is to be divided into separate lots, one totaling 3.56 acres gross and the other
totaling 4.85 acres gross. No native trees are proposed for removal with the subdivision of
this land and both parcels will take access off San Gabriel Road.
General Plan Designation: RS
Zoning District: RE
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:
4/27/06 through 5/16/06 at 6907 El Camino Real, Community Development Department
from 8:00 a.m. to 5:00 p.m., Monday through Friday.
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MOTION: By Commissioner Fonzi and seconded by Commissioner
Porter to continue this item to a date certain of June 6, 2006.
Motion passed 7:0 by a voice vote.
Chairperson Beraud recessed the hearing at 8:35 p.m.
Chairperson Beraud called the meeting back to order at 8:42 p.m.
7. CONDITIONAL USE PERMIT 2006-0182, AMENDMENT
Owner:
Michael Steiner, 108 Erna Way, Pismo Beach, CA 93449
Project Title:
CUP 2006-0182, Amendment to the PD 16 Master Plan of Development (CUP 2002-0078)
for construction of a single-family residence on slopes greater than 10%.
Project
6255 Alta Pradera Lane, Atascadero, CA 93422
Location:
(San Luis Obispo County) 054-192-019
Project
The project consists of an application to amend a previously recorded Master Plan of
Description:
Development to allow construction of a one-story, single-family residence outside of a
previously approved building envelope on an existing lot of record. The project will require
approximately 577 cubic yards of cut and approximately 533 cubic yards of fill. Three
native oak trees are proposed for removal and the residence will take access from Alta
Pradera Lane.
General Plan Designation: RE
Zoning District: RS/PD-16
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:
4/27/06 through 5/16/06 at 6907 El Camino Real, Community Development Department
from 8:00 a.m. to 5:00 p.m., Monday through Friday.
Planning Technician Paul Tabone gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Mark Davis, applicant's representative and engineer, explained the calculation for the
slopes and the change to the building envelope. Mr. Davis answered questions of the
Commission.
Michael Steiner, applicant, spoke about the plans for the development of the property
and the reasons for designing a single story home.
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Steven Alvarez, arborist, spoke about the large tree with the 60% impact and its
chances for survival and related that the applicant had contacted him prior to
purchasing the property and had designed the project with tree protection in mind.
Chairperson Beraud closed the Public Comment period.
MOTION: By Commissioner Kelley and seconded by Commissioner
Fonzi to adopt Resolution PC 2006-0046 to approve Mitigated
Negative Declaration 2006-0010 and adopt Resolution PC 2006-
0047 to amend the PD -16 Master Plan of Development and the
request to remove three (3) native oak trees subject to
conditions of approval, and that a mitigation deposit will be
collected for the 4t" tree, to be returned to the applicant if the
tree survives, and the change to the conditions of approval
that all required setbacks for the future pool from the retaining
wall and septic areas must meet all applicable city standards.
Motion passed 6:1 by a roll -call vote. (Beraud opposed)
8. AMENDMENT TO CUP 2003-0089/TTM 2004-0050
Owner:
Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422
Project Title:
Amendment to CUP 2003-0089/TTM 2004-0050
Project
7955 Curbaril Ave., Atascadero, CA 93422
Location:
APN 031-161-024
Project
The proposed project consists of an Amendment to the Master Plan of Development for the
Description:
Curbaril Business Park to allow the construction of a bank building on the corner of Curbaril
and Morro Rd.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Professional (CP)
Proposed
Consistent with the previously certified Mitigated Negative Declaration.
Environmental
Determination
Commissioner Porter stepped down from consideration of this item stating he has a
conflict of interest in that he is employed by Heritage Oaks Bank.
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
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PUBLIC COMMENT
Gerard Howard stated he does not think a bank on the outskirts of town makes sense,
and was concerned that the drive through teller would significantly increase traffic and
create safety issues in the neighborhood.
Chairperson Beraud closed the Public Comment period.
Commissioner Fonzi was concerned with the problems of added noise, pollution and
lights that will be created in a residential area by the drive-through ATM. She would like
to see it removed.
Vice Chairperson O'Keefe agreed with Commissioner Fonzi and was concerned by the
cumulative impacts of drive-throughs throughout town.
Commissioner Kelley commented that it is safer to use the drive through at night rather
than walking up to the ATM. He also stated that mixed use projects encourage
residential and business uses next to each other.
Commissioner Jones suggested that as Atascadero grows, dissipating the use of
facilities over 24 hours has a less cumulative impact that utilizing them during rush
hours.
Chairperson Beraud stated she is not in favor of drive-throughs and does not support
having it at this location as it is too close a residential neighborhood.
Commissioner Slane agreed that it is safer to use the drive-through ATM at night and
doesn't believe there will be an impact to the neighborhood.
MOTION: By Commissioner Kelley and seconded by Commissioner
Slane to adopt Resolution PC 2006-0051 approving Conditional
Use Permit 2003-0089 Amendment subject to Conditions of
approval and mitigation monitoring, and; adopt Resolution PC
2006-0052 approving Tentative Tract Map 2004-0050
Amendment, subject to conditions of approval and mitigation
monitoring.
Motion failed 3:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud
opposed)
Commissioner Fonzi stated for the record that she voted against the motion because of
the drive-through ATM only.
Vice Chairperson O'Keefe stated for the record that she voted against the motion
because of the drive-through ATM only.
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MOTION: By Commissioner Fonzi and seconded by Vice Chairperson
O'Keefe to adopt Resolution PC 2006-0051 approving
Conditional Use Permit 2003-0089 Amendment subject to
Conditions of approval and mitigation monitoring, and; adopt
Resolution PC 2006-0052 approving Tentative Tract Map 2004-
0050 Amendment, subject to conditions of approval and
mitigation monitoring, and with the condition that the drive-
through ATM's be eliminated.
Motion failed 3:3 by a roll -call vote. (Jones, Kelley, Slane
opposed)
Commissioner Kelley reiterated that safety is the main issue in support of the drive-
through ATM, and that this is a service people in town want.
Commissioner Fonzi stated that the drive-through ATM has a special impact as it is in a
residential neighborhood, and she stands in support of those already living there as this
is new construction impacting those already in their homes.
MOTION: By Commissioner Fonzi and seconded by Chairperson Beraud
to adopt Resolution PC 2006-0051 approving Conditional Use
Permit 2003-0089 Amendment subject to Conditions of
approval and mitigation monitoring, and; adopt Resolution PC
2006-0052 approving Tentative Tract Map 2004-0050
Amendment, subject to conditions of approval and mitigation
monitoring, and with the condition that the drive -up ATM be
eliminated for this particular bank at this location.
Motion failed 3:3 by a roll -call vote. (Jones, Kelley, Slane
opposed)
MOTION: By Commissioner Jones and seconded by Commissioner
Kelley to continue this item to the next Planning Commission
meeting and have staff come back making sure there is a
representative for the hearing, and that there is an alternative
plan for Commissioner consideration, and with information on
how many people are expected to use the ATM, and that staff
include the construction and elevations of what this drive-
through structure looks like.
Motion passed 6:0 by a roll -call vote.
Commissioner Porter rejoined the hearing.
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COMMISSIONER COMMENTS AND REPORTS
Commissioner Kelley suggested a future agenda item that would be a discussion by the
Planning Commission as to how they would like to address the appeal process for
Commissioners that is currently in place, and if it should be modified or kept as is.
There was Commission consensus to place the appeal process for
Commissioners on a future agenda for discussion.
Commissioner Jones asked if anything was scheduled for the 2 units of continuing
education training required for the Commission. Director Frace stated the City Attorney
and City Clerk are working on a training session, but it is not yet scheduled.
Commissioner Fonzi questioned whether written comments should be given for the
parking study. Director Frace stated the study was informational, however if
Commissioners have comments they should give those to staff who will forward them to
the agency.
DIRECTOR'S REPORT
Community Development Director Warren Frace reported that the appeal for the fence
variance was denied, and that there is a workshop on May 30th, 6:00 p.m. regarding the
Annex project at Del Rio and EI Camino Real, at which the City Council and Planning
Commission will be seated. The purpose of the workshop is for the property owner to
present his concepts and ideas, to take public comment and for the Commission and
Council to give direction. Director Frace reviewed the agenda for the June 6th Planning
Commission meeting.
Chairperson Beraud announced she would be on vacation next month and will miss
both Planning Commission meetings.
ADJOURNMENT
Chairperson Beraud adjourned the meeting at 9:40 p.m. to the next regularly scheduled
meeting of the Planning Commission on June 6, 2006.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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