HomeMy WebLinkAboutPC Minutes 06-06-06CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, June 6, 2006 — 7:00 P.M.
Vice Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner
Jones led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Jones, Kelley, Porter, Slane and Vice Chairperson
O'Keefe
Absent: Commissioner Fonzi and Chairperson Beraud
Staff Present: Community Development Director Warren Frace, Deputy
Community Development Director Steve McHarris, Deputy Public
Works Director David Athey, Associate Planner Kelly Gleason,
Associate Planner Kerry Margason, Planning Technician Paul
Tabone, Assistant Planner Callie Ford, and Recording Secretary
Grace Pucci.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Commissioner Jones and seconded by Commissioner
Porter to approve the agenda.
Motion passed 5:0 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 16, 2006.
2. APPROVAL OF TIME EXTENSION ON CUP 2003-0106, EOC SHELTER
Items pulled: Vice Chairperson O'Keefe, Item #2.
Vice Chairperson O'Keefe asked for the following change to the Minutes of May 16,
2006: Page 4, 4th paragraph under Public Comment, to read: Terry Hargrave stated
several concerns with the project including: lack of a professional aFberist landscape
architect....
MOTION: By Commissioner Porter and seconded by Commissioner
Slane to approve Item #1 as amended.
Motion passed 5:0 by a roll -call vote.
Item #2: Vice Chairperson O'Keefe asked for a brief report from staff before opening
this item for public comment.
Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
Vice Chairperson O'Keefe announced that the Commission had received a letter from
the residents of Santa Cruz Road stating their concerns. (Exhibit A)
PUBLIC COMMENT
Lillian Judd, Planning Director Economic Opportunity Commission (EOC) responded to
the concerns raised by the residents Santa Cruz Road. The EOC's response to those
concerns was submitted in writing (Exhibit B).
Jim Patterson, County Supervisor 5th District, stated he serves on the Board of
Commissioners of the EOC and explained how they have been working towards the
establishment of this shelter. Supervisor Patterson spoke about the Homeless
Enumeration Study and in support of the extension.
Ken Johnson stated he has served on the Head Start and EOC boards and was a
resident of the homeless shelter for two months. He spoke in support of keeping the
process going as it is a good program that helps those in need.
Jodi Smith, Interim Director of EOC Homeless Services, spoke about the EI Camino
Homeless Organization (ECHO) shelter and the safety and help it provides to the
homeless, and urged approval of the extension.
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Linda Gaust, Vice President ECHO Board if Directors, thanked the Planning
Commission and the city for the help they have given in past and asked for the CUP
extension so they can continue to provide a home for those in need in the north county.
Stacy Lowe, EOC Case Manager of Homeless Services, introduced four clients of the
ECHO shelter who wished to speak in support of the services they have received.
Amanda Esquirl spoke about staying at the shelter and the safety it provides.
Bria Panos stated he didn't know what she would have done without the shelter, and
that they helped her to turn her life around.
Holly Molinari spoke about how the shelter has provided her with food, shelter and help.
Lashelle Townsend stated she was grateful for the shelter and the services ECHO and
EOC offer. She thinks the shelter should stay for people like her who find themselves in
need of housing because of an accident or other problems in their lives.
Fran Conklin, Volunteer Board Commissioner for EOC specifically representing the low
income people of Atascadero, spoke of the changes she has seen in Atascadero and
the difficulties her clients face with a limited income and few job opportunities.
Paul Wolfe, EOC Commissioner, thanked the Planning Commission for their original
permit, and explained the reasons for the delays they have encountered.
Anita Robinson, Secretary/Treasurer of the EOC Board, spoke in support of the shelter
and stated they are committed to this project and will continue to be so.
Biz Steinberg, Chief Executive Officer of EOC, expressed their thanks for the city's
support in the past and asked for the one year extension.
Vice Chairperson O'Keefe closed the Public Comment period.
Ex Parte Communications
■ Commissioner Jones stated he had spoken with Biz Steinberg and Lillian Judd
tonight before the meeting.
MOTION: By Commissioner Kelley and seconded by Commissioner
Jones to adopt Resolution PC 2006-0056, thereby approving a
one-year Time Extension of Conditional Use Permit 2003-0106
in compliance with Section 9-2.118 of the Atascadero
Municipal Code.
Motion passed 5:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
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3. TREE REMOVAL PERMIT 2006-0091, ATASCADERO CREEK
Owner:
Atascadero Unified School District, 5601 W. Mall, Atascadero, CA 93422
Applicant
City of Atascadero Public Works Department, 6907 EI Camino Real, Atascadero, CA 93422
Certified
A&T Arborists, P O Box 1311, Templeton, CA 93465
Arborist:
Project Title
TRP 2006-0091 (Atascadero Creek Bank Restoration/ City of Atascadero)
Project
Creek Bank behind Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422
Location
APN:029-361-003
Project
A request to remove nine existing native trees: eight (8) native Black Walnut trees totaling 102.5
Description
inches (dbh) and one Coast Live Oak tree totaling 49 inches (dbh), for the restoration of
Atascadero Creek.
Planning Technician Paul Tabone gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Chip Tamagni, A&T Arborists, referred to a specific large live oak tree and stated he
had understood it would not need to be removed but was going to be saved.
Community Development Director Warren Frace checked the plan and stated that the
live oak tree (#150) will not be coming out and that current impact is 14 black walnut
trees for a total of 181 dbh inches that would be requested for removal with no removals
of live oak trees.
Vice Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner Porter and seconded by Commissioner
Kelley to adopt Resolution PC 2006-0055 to approve the
request to remove 14 native trees subject to the guidelines and
mitigation required by the Atascadero Municipal Code and
Native Tree Ordinance.
Motion passed 5:0 by a roll -call vote.
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4. TREE REMOVAL PERMIT 2006-0084, KUDEN
Owner:
John Kuden, 2095 Valle Vista, San Luis Obispo, CA 93405
Certified
A&T Arborists, P O Box 1311, Templeton, CA 93465
Arborist:
Project Title
TRP 2006-0084
Project
9380 Mountain View Dr., Atascadero, CA 93422
Location
APN:056-322-024
Project
A request to remove two existing native trees: one (1) Live Oak tree and one (1) Blue Oak tree,
Description
and account for the non -permitted removal of a 36" Coastal Live Oak tree for the development
of a single-family residence.
Planning Technician Paul Tabone gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Chip Tamagni, applicant's arborist, spoke about the site and explained why the Coastal
Live Oak was removed. He asked that the city forgo the fee for that tree and answered
questions of the Commission.
Vice Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner Kelley and seconded by Commissioner
Slane to adopt Resolution PC 2006-0023 to approve the
request to remove two native oak trees, and approve the
previous non -permitted removal of a native oak tree subject to
the guidelines and mitigation required by the Atascadero
Municipal Code and Native Tree Ordinance.
Motion passed 5:0 by a roll -call vote.
Vice Chairperson O'Keefe requested a reconsideration of the Motion to allow the
addition of a condition of approval to read that the exposed trench shall be photo
documented by the arborist.
The maker of the motion, Commissioner Kelley, and the second, Commissioner Slane
agreed to reconsider the motion to add the requested condition.
MOTION: By Commissioner Kelley and seconded by Commissioner
Slane to adopt Resolution PC 2006-0023 to approve the
request to remove two native oak trees, and approve the
previous non -permitted removal of a native oak tree subject to
the guidelines and mitigation required by the Atascadero
Municipal Code and Native Tree Ordinance and that the
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exposed trench shall be photo documented by the arborists
for the final occupancy letter.
Motion passed 5:0 by a roll -call vote.
PUBLIC HEARINGS
5. TTM 2004-0061/PLN 2099- 0581
(CONTINUED FROM 5-16-06)
Applicant•
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 8.41
Description:
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 at
Determination:
6907 EI 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.
Ex -Parte Communications
■ Vice Chairperson O'Keefe stated she had walked the site with the applicant's
engineer (Jim) and Associate Planner Kerry Margason several weeks ago and
asked many questions.
PUBLIC COMMENT
Ken Wilson, applicant's representative, explained why the building envelope was
created and answered questions of the Commission. Mr. Wilson raised several issues
including width of the driveway, and the septic area in relation to the building envelope.
Vice Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner Kelley and seconded by Commissioner
Porter to adopt Resolution PC 2006-0049 certifying Mitigated
Negative Declaration 2005-0029 and approving Tentative Tract
Map 2004-0061 (Tract 2694) to establish two (2) residential lots
on an existing legal lot of record based on findings and
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subject to Conditions of Approval and with the following
additions:
1. Condition No. 8, page 104 to read: All buildings
constructed on Parcel 2 shall be within the building
envelope as shown on the Tentative Tract Map, inolud�I�g
senor tanks leash fields and expansion area.
2. Driveway requirement shall read: the paved portion of the
driveway will be 16 feet.
3. Remove item #37 for the additional water meter request
from the Atascadero Mutual Water Company.
4. Creation of a second open space easement
5. When the house is constructed that they make a point of
avoiding and saving tree #29, a blue oak.
6. Condition No. 15 revised to read: ...Any tree removals,
including the prenecererm oval of one 2" native t with a
total net of 24 dbh shall be approved by the Planning
Commission prior to issuance of any construction permits.
Motion passed 5:0 by a roll -call vote.
Vice Chairperson O'Keefe recessed the hearing at 8:29 p.m.
Vice Chairperson O'Keefe called the meeting back to order at 8:35 p.m.
6. AMENDMENT TO CUP 2003-0089/TTM 2004-0050/PLN-2099-0221
(CONTINUED FROM 5-16-06)
Applicant:
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
Environmental
Consistent with the previously certified Mitigated Negative Declaration.
Determination:
Commissioner Porter stepped down from consideration of this item stating the
developer of this project has had prior conversations with his employer, Heritage Oaks
Bank Corp. For the record he noted that there are no current contracts signed or
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current plans drawn for the bank, however, he thinks it is in the best interest of the
public for him to step down.
Associate Planner Kelly Gleason gave the staff report.
PUBLIC COMMENT
Jamie Kirk, applicant's representative, gave a presentation on the project and answered
questions of the Commission.
Vice Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner Kelley and seconded by Commissioner
Jones 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 Tact Map 2004-
0050 Amendment, subject to conditions of approval and
mitigation monitoring.
Motion passed 4:0 by a roll -call vote. (Porter abstained)
Vice Chairperson O'Keefe stated for the record that she voted yes because it is in
compliance with the city ordinances, but she doesn't like drive-thrus.
Commissioner Porter rejoined the meeting.
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7. TPM -2005-0077 PLN -2099-0204
Owner:
Sidney G. Moses, 8100 Coromar Avenue, Atascadero CA 93422
Project Title:
TPM 2005-0077, Minor subdivision on >20% slopes
Project
8100 Coromar Avenue, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 056-091-029
Portion of Lot 15A Block 7 Atascadero Colony
Project
The project consists of an application to subdivide an existing 1.49 acre lot into two (2) lots
Description:
containing 0.50 acres and 0.74 acres. The site contains several native oak trees, an existing
single family residence located toward the rear of the property, two sheds and a pool.
Existing improvements will be retained on proposed Parcel 1 consisting of 0.74 acres. The
proposed undeveloped Parcel 2 contains a 23.4% average slope with a 16.7% average slope
within the proposed building envelope. Future access and development of a single family
residence for Parcel 2 will impact approximately ten (10) native oak trees and result in the
removal of six (6) Live Oaks (approximate). Parcel 2 will have access to Coromar Avenue by
an access easement located on Parcel 1. The subject site is within a sewer service area.
General Plan Designation: SFR -X
Zoning District: RSF-X
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The certified Mitigated Negative Declaration is available for public review at 6907
Determination:
EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday
through Friday.
Assistant Planner Callie Ford gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Eric Gobler, applicant's engineer, stated the applicant supports the condition for the
driveway width at 20 feet instead of 24 feet. Mr. Gobler answered questions of the
Commission.
Sidney Moses, applicant, answered questions of the Commission.
Vice Chairperson O'Keefe closed the Public Comment period.
Vice Chairperson O'Keefe stated she believes there was a good reason for not
approving the subdivision 10 years ago, and that the same conditions exist now. She
remarked that this is a weird shaped lot that is currently a flag lot and there is very little
space there, so she cannot support the subdivision.
MOTION: By Commissioner Slane and seconded by Commissioner
Porter to adopt Resolution PC 2006-0054 certifying the
proposed Mitigated Negative Declaration 2006-0011 and
approving Tentative Parcel Map 2005-0077 (AT 05-0330), a
request to subdivide one lot totaling 1.49 acres into two (2)
parcels containing 0.50 acres and 0.74 acres each, based on
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findings and subject to conditions, and giving the applicant
the option to drop the driveway to 16 feet of paved surface
with one foot of base on one side and four feet of base on the
other.
Motion passed 4:1 by a roll -call vote. (O'Keefe opposed)
8. TPM-2005-0081/PLN-2099-0453
Owner:
J. Kelly and Theresa M. Farris, 4680 Shadow Canyon Rd., Templeton, CA 93465
Applicant:
Chris Seaberg, 2165 Wilton Dr., Cambria, CA 93428
Project Title:
TPM -2005-0081
Project
7255 Navajoa Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 031-051-009
Project
A proposed condominium map over an existing lot of record to create two airspace units on one
Description:
common lot. The existing residence and attached garage would remain and be converted to a
condominium unit. An additional single story residence and attached garage is proposed.
Proposed
Categorical Exemption; Class 3
Environmental
Determination:
Assistant Planner Callie Ford gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Chris Seaberg, applicant, addressed concerns raised by the Commission. He asked
about Condition No. 15 and suggested using either a stain or in -color process for the
concrete on the existing driveway, and additionally asked that Condition No. 61 be
removed.
Vice Chairperson O'Keefe closed the Public Comment period.
Vice Chairperson O'Keefe commented that this is in effect a defacto lot split, and as the
applicant is receiving a benefit she would like to see 1) a professional landscape plan,
2) the same quality and type of windows in both houses and 3) another window of
decent size added on one of the sides.
MOTION: By Commissioner Porter and seconded by Commissioner
Kelley to adopt Resolution PC 2006-0053 approving Tentative
Parcel Map 2005-0061 (AT 05-0316), a request to establish two
airspace units on one common lot, based on findings and
subject to conditions, and to allow, according to Condition No.
15, that stained concrete will suffice as one of the
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improvements to the concrete, that condition No. 61 be
removed, and to leave it to staff's discretion to look at the
possibilities and speak with the applicant as to the
possibilities of adding more windows.
Motion passed 4:1 by a roll -call vote. (O'Keefe opposed)
Commissioner O'Keefe stated for the record that she had voted no because the
additional conditions she requested for landscaping and similar windows were not
included.
COMMISSIONER COMMENTS AND REPORTS
9. APPEALS OF PLANNING COMMISSION DECISIONS TO CITY COUNCIL
THE PLANNING COMMISSION WILL DISCUSS THE CITY'S CURRENT
POLICY THAT ALLOWS INDIVIDUAL COMMISSIONERS TO APPEAL
DECISIONS TO THE CITY COUNCIL WITHOUT A FEE.
Commissioner Kelley explained that he would like to see the Planning Commission
agree to a new policy or procedure that if any Commissioner would like to appeal a
decision to the City Council, that it is done as a Commission on a majority vote and not
as individuals.
Commissioner Slane stated that an individual Commissioner should be able to appeal a
decision without the consensus of the entire commission. He thinks this would layer
things, taking too long to get something decided.
Commissioner Jones indicated that he does not agree that Commissioners should have
a free pass to appeal any time they want, as he thinks it erodes the process. He would
like to think that Planning Commissioners can speak to a City Council Member and
request that person appeal a decision.
Commissioner Porter agreed that it would be better to go through a Council Member to
get an appeal done as this would provide a checks and balance system to ensure that
the appeal is worthy. He doesn't think Commissioners should have a free ride to appeal
anything.
Vice Chairperson O'Keefe indicated that she does her homework and tries to follow the
ordinances rather than voting on the basis of opinion and feelings, and if she doesn't
think that the findings have been met she would like to retain the right to appeal. She
does not think this position erodes the process and she can see no need for a change.
As there is a currently existing policy for appeals, she would like to have the City
Attorney weigh in on this.
The Commissioners agreed that this discussion should be put on hold until all
Commissioners are present.
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MOTION: By Commissioner Jones and seconded by Commissioner
Porter to continue this item to the meeting of July 18, 2006 and
if all Commissioners are not present at that meeting the item
will be continued again, unless it is a commissioner who
participated this evening and who's opinion was clearly stated.
Motion passed 5:0 by a roll -call vote.
Commissioner Jones asked if the Commissioner Ethics training has been scheduled.
Director Frace stated he had not heard from the City Attorney yet, but would find out.
DIRECTOR'S REPORT
Community Development Director Warren Frace reported that the July 4th meeting has
been cancelled, and reviewed the agenda for the June 20th meeting. He stated that the
City Council met for their Strategic Planning and decided to hold a special election in
November for the vacant seat on the Council, and decided not to broadcast Planning
Commission meetings but rather to improve the process of making CD versions
available to the public. The Council also discussed the rules for design review and uses
in the downtown zone, and that will probably be coming back to the Planning
Commission with a change to the code requiring additional conditional use permits for
new building construction and offices in the downtown. Director Frace reviewed the
progress for Colony Square.
ADJOURNMENT
Vice Chairperson O'Keefe adjourned the meeting at 9:53 p.m. to the next regularly
scheduled meeting of the Planning Commission on June 20, 2006.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
The following Exhibits are available for review in the Community Development Department:
Exhibit A — Letter to the Planning Commission from residents of Santa Cruz Road
Exhibit B — EOC's response to letter from residents of Santa Cruz Road
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