HomeMy WebLinkAboutPC Minutes 09-19-06CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, September 19, 2006 — 7:00 P.M.
Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Fonzi
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Fonzi, Kelley, Porter, O'Keefe and Chairperson
Beraud
Absent: Commissioners Jones and Slane
Others Present: Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace, Deputy
Community Development Director Steve McHarris, and Associate
Planner Kelly Gleason.
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
Orem
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CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON SEPTEMBER 5, 2006.
MOTION: By Commissioner Fonzi and seconded by Commissioner
Kelley to approve Item #1.
Motion passed 5:0 by a roll -call vote.
PUBLIC HEARINGS
2. PLN 2099-0775/CONDITIONAL USE PERMIT 2005-0156
Owner:
Atascadero Homeowners, LLC, Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA
93422
Project Title:
PLN 2099-0775/Conditional Use Permit 2005-0156
Project
5000, 5020, 5060 Marchant Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-213-011, 012, 014
Project
The proposed Amendment consists of an application to replace the approved
Description:
landscaped passive recreational open space amenity area with a paved parking lot,
drive aisle, landscape planters, and additional Tecorida Avenue access.
General Plan Designation: Medium Density Residential
Zoning District: RMF-10/PD-10
Proposed
Environmental
Consistent with Mitigated Negative Declaration 2005-0042.
Determination:
Ex Parte Communications
Commissioner Kelley stated he met with the applicant and City staff 2 or 3 weeks ago at
the project site.
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
PUBLIC COMMENT
Jamie Kirk, applicant's representative, gave a PowerPoint presentation regarding the
project and answered questions of the Commission.
Chairperson Beraud closed the Public Comment period.
Commissioner Fonzi stated that with this request an area for the children to play is
being given up and there is no where else within the development for them to play. She
would prefer to see grass in this location rather than the parking spaces.
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Commissioner Kelley expressed concern that having the grass area next to the street
could be hazardous to children playing there. He indicated other benefits of this plan
include better water conservation with less grass, keeping cars off the surrounding
streets, and added ingress and egress from the project.
Commissioner Porter said that originally he was concerned with giving up grass space;
however, there are still front and back yards and open space at the back of the project.
He thinks the increased circulation and parking are a good trade off.
Vice Chairperson O'Keefe indicated there is already ample parking, and the yards are
small with only a few places for children to play. She stated this changes the ambiance
and she cannot make the findings that it will be consistent with the surrounding
neighborhood.
Chairperson Beraud stated that this project is to provide lower cost housing for families,
but the yards are too small for children to play in and the other open space area is for
drainage. She thinks that even though it is a small area of turf it is a public benefit to the
development. 14 parking spaces above the code requirement is a lot of spaces and she
thinks there should be a better balance for the development.
MOTION: By Commissioner Kelley and seconded by Commissioner
Porter to adopt Resolution PC 2006-0081 approving
Conditional Use Permit Amendment 2005-0156 (Master Plan of
Development) based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
Motion failed 2:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud
opposed)
MOTION: By Commissioner Fonzi and seconded by Vice Chairperson
O'Keefe to deny the request, leaving the passive recreational
open space amenity area and 8 guest parking spaces as
originally approved.
Motion passed 3:2 by a roll -call vote. (Kelley, Porter opposed)
3. PLN 2006-1148/VARIANCE 2006-0010
Owners:
Michael & Teresa Johnson, 9162 Palomar Ave., Atascadero, CA 93422
Project Title:
PLN 2006-1148/Variance 2006-0010
Project
9162 Palomar Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 029-201-007
Project
A Variance request to allow a front yard fence to be six (6) feet in height. Fencing
Description:
within the front setback is currently limited to three (3) feet in height.
General Plan Designation: SFR -Y
Zoning District: RSF-Y
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Proposed
Environmental CATEGORICAL EXEMPTION: The project qualifies for a Class 5 Categorically
Determination: Exemption under the provisions of the California Environmental Quality Act, CEQA
section 15305. Minor Alterations in Land Use Limitations.
Vice Chairperson O'Keefe stated for the record that she had filed the complaint and has
a right as a Commissioner to file complaints for code violations. The person who files
the complaint is to remain confidential, but someone on City staff revealed to
Commissioner Fonzi that she filed this complaint. Vice Chairperson O'Keefe stated she
will be stepping down and contacting the City Manager to find out who did this.
Commissioner Fonzi stated for the record that she considers what she learned to be
confidential and when she sees something she considers an ethics violation she must
bring it to light. She explained it is her belief that if someone on the Commission files a
complaint, they cannot hear the complainant and the public testimony in an impartial
way.
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
PUBLIC COMMENT
Michael and Teresa Johnson, applicants, explained why they are requesting the
Variance.
Sherrie Schram, Palomar Avenue resident, spoke in support of the applicant's request,
and cited other properties in the neighborhood that have similar fences.
Brad (no last name given), Palomar Avenue resident, stated he sees this fence
everyday and expressed his support for the Variance. He pointed out that the complaint
was not filed by a neighborhood resident and disputes that this location is the front yard.
Bob Davis, Palomar Avenue resident, stated his support for the applicants, and
indicated that the fence provides a safety feature for young people in the area.
Candy Layton, Palomar Avenue resident, stated that the fence enhances the look of the
neighborhood.
Chairperson Beraud closed the Public Comment period.
Commissioner Fonzi stated she believes in private property rights and feels this is in the
side yard, not the front, and since the fence is up the hill the height makes no difference;
this does not block the front yard and provides a safety improvement and screening.
Commissioner Kelley indicated that staff took the required action in taking the complaint
and interpreting the ordinance. However, there should be some leeway, and because
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the staff report stated that this property along with others varies in property lines, he can
support the request for a Variance.
Commissioner Porter stated he has no problem with the Variance request as this is
compatible with the neighborhood and has the support of the neighbors.
Chairperson Beraud stated that variances must have concrete findings, which she
cannot make; she thinks this would constitute a grant of special privilege, she does not
believe this property has special circumstances, and that the fence imposes a sight
restraint. She believes the purpose of the zoning text is to keep neighborhoods looking
open and inviting and a six foot fence does not allow for that.
MOTION: By Commissioner Kelley and seconded by Commissioner
Porter to approve PLN 2006-1148/Variance 2006-0010 a
variance request to allow a six foot fence located within the
front setback at APN 029-210-007 at 9162 Palomar, the
Johnson residence and with the following findings: 1) this is
not a special privilege, it is just common sense, 2) there are
special circumstances applicable to the property regarding the
configuration and the elevation from the street, and 3) this
does not cause any safety problems or anything for anybody.
Motion passed 3:1 by a roll -call vote. (Beraud opposed)
Chairperson Beraud stated for the record she voted no because she thinks this sets a
bad precedent and she cannot not approve the request.
Vice Chairperson O'Keefe rejoined the hearing.
COMMUNITY DEVELOPMENT STAFF REPORTS
4. PRELIMINARY REVIEW, ROSARIO PD STUDY SESSION
Owners•
Greg Ravatt & Tina Mayer, 5735 Rosario, Atascadero, CA 93422
James Barton Albrecht & Natalie Mejia, 4518 Hummel Dr., Santa Maria, CA 93455
Applicant:
Greg Ravatt, AIA, 5735 Rosario, Atascadero, CA 93422
Project Title:
PLN 2099-0789/Zone Change 2005-0109, CUP 2005-0173, TTM 2005-0078
Project
5735/5715 Rosario Ave. Atascadero, CA 93422
Location•
(San Luis Obispo County) APN 029-252-001
Project
The project consists of a Planned Development, Historical Overlay Zone, Master Plan of
Description:
Development, and Tentative Tract Map to allow for a 10 unit PD overlay development. The
existing Historic Colony Home is proposed for restoration as part of the project.
General Plan Designation: MDR
Zoning District. RMF -10
Proposed
Project currently being evaluated by staff.
Environmental
Determination:
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Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
Ex Parte Communications
Commissioner Fonzi stated she had received an email from the applicant.
Chairperson Beraud stated she met with the applicant at the Rosario property to walk it
and understand where it was.
Vice Chairperson O'Keefe stated that Mr. Ravatt called her and she set up an
appointment with him to walk the property, which she did with Chairperson Beraud.
Commissioner Kelley stated he received an email from the applicant asking if he wanted
to meet at the site. Commissioner Kelley responded that he did not feel it was
necessary.
Commissioner Porter stated he received an email from the applicant similar in nature to
the one received by Commissioner Kelley.
Chairperson Beraud recessed the hearing at 8:01 p.m.
Chairperson Beraud called the meeting back to order at 8:09 p.m.
PUBLIC COMMENT
Greg Ravatt, owner and project architect, gave a PowerPoint presentation and
distributed a handout regarding the proposed project. (Exhibit A) Mr. Ravatt answered
questions of the Commission.
Commissioner Fonzi made several observations on the project: 1) Building #5, she
would like to see the front door enhanced so it becomes the focal point, and 2) On the
back of Building #5, east elevation, the lower deck supports are very narrow and not in
proportion to the deck.
Don and Sheri Curl, Rosario residents, said their main issue is the loss of privacy in
their backyard as their property line adjoins this project. Mr. Curl requested the second
story windows to be a little higher, and stated he likes the quality and workmanship of
the project.
Nancy Kirby, Rosario resident, stated her support for this project and the improvement it
will make to the property.
Chairperson Beraud closed the Public Comment period.
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Commissioner Kelley stated this is an exciting project offering several benefits including
restoration of a Colony home, affordable housing, and upscale design.
Vice Chairperson O'Keefe said she appreciates the work that has gone into the project;
it is a creative design for a difficult site.
Commissioner Porter stated the attention to detail is appreciated and it is nice to see an
applicant willing to work with the neighborhood and city staff.
Commissioner Fonzi applauded the applicant for preserving the Colony Home and
incorporating affordable housing.
Chairperson Beraud said it is wonderful that the Colony home is to be preserved, and
that it is an impressive project. She commended the applicant for incorporating some of
the green building and it is a good example for future development.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Kelley suggested a process to help streamline issues that come before
the Commission that would include an administrative hearing before staff and a 30 day
period for posting the property and notifying the public, and if there are problems at that
point the item can come before the Commission for a full hearing.
There was Commission discussion regarding Commissioner Kelley's suggestion,
however, there was no consensus to move forward with it.
Vice Chairperson O'Keefe and Chairperson Beraud reported on a joint meeting they
attended with the City Council and representatives of the Parks and Recreation
Commission on September 14th. A copy of the Minutes for that meeting was distributed
to the Commissioners. (Exhibit B)
DIRECTOR'S REPORT
Community Development Director Warren Frace reviewed the format for the joint study
session with the City Council on condo conversions scheduled for September 26th, and
encouraged all Commissioners to attend. He reported that the ethics training required
of the Commission by the end of year is scheduled for December 7th: there will be two
sessions and commissioners must attend one of those sessions. Director Frace
reviewed the agenda for the next Planning Commission meeting.
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ADJOURNMENT
Chairperson Beraud adjourned the meeting at 9:07 p.m. to the next regularly scheduled
meeting of the Planning Commission on October 3, 2006.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
The following exhibits are available for review in the Community Development Department:
Exhibit A — Greg Ravatt, handout
Exhibit B — Minutes, Joint CC/PC/PRC Meeting
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