HomeMy WebLinkAboutPC Minutes 11-21-06CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
MINUTES
Regular Meeting
Tuesday, November 21, 2006 — 7:00 P.M.
Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Porter
led the Pledge of Allegiance.
:7.7■ral■■
Present: Commissioners Fonzi, Porter, Slane, O'Keefe and Chairperson
Beraud
Absent: None
Others Present: Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace, Public Works
Director Steve Kahn, Deputy Community Development Director
Steve Kahn, Associate Planner Kelly Gleason, Associate Planner
Kerry Margason, Assistant Planner Callie Taylor, Fire Marshal Tom
Peterson and City Attorney Patrick Enright.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
Vice Chairperson O'Keefe suggested changing the order of the agenda to hear Item #7
after the Consent Calendar.
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Porter to approve the agenda as amended.
Motion passed 5:0 by a roll -call vote.
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PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON NOVEMBER 7, 2006.
MOTION: By Commissioner Fonzi and seconded by Vice Chairperson
O'Keefe to approve Item #1.
Motion passed 4:0 by a roll -call vote. (Porter abstained)
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
7. 3200 SAN FERNANDO ROAD LOFT
Owner:
Tom & Alberta Grzincic, 13090 Santa Lucia Road, Atascadero, CA 93422
Project Title:
PLN 2006-1166/CUP 06-0198
Project
3200 San Fernando Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 050-231-003
Project
The project consists of a request to allow an already constructed non -permitted loft in a
Description:
permitted shop, thus exceeding the 50% rule for the square footage of the shop.
General Plan Designation: Rural Estates (RE)
Zoning District: Residential Suburban (RS)
Proposed
Environmental
Class 1, Categorical Exemption 15301
Determination:
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
Ex Parte Communications
■ Vice Chairperson O'Keefe stated she had visited the site and spoke with the owner.
PUBLIC COMMENT
Tom Grzincic, owner, answered questions of the Commission.
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John Trevesano stated he lives across the street from this structure, and expressed
concern with its size and the potential use of the structure for commercial purposes.
Marnie Trevesano stated her concerns with this project including the size of the
structure, the institutional look of the building, the potential for use as a commercial
enterprise, and incompatibility with the surrounding neighborhood.
Joe Giaquinta explained he objected to the industrial look of the structure, which does
not fit in this area, and stated it is unsightly from his home as he has a direct view of the
fenced in area and structure.
Tom Grzincic explained that the house when completed will be pleasing to the
neighborhood, that he is not a contractor, and that there will no be extra traffic in the
neighborhood once this project is completed.
Chairperson Beraud closed the Public Comment period.
Associate Planner Kelly Gleason addressed issues raised during the Public Comment
period.
PUBLIC COMMENT
Joe Giaquinta asked if the height of the structure has been verified.
Marne Trevesano expressed her shock that a residence can be built with an accessory
structure and with no type of review.
Chairperson Beraud closed the Public Comment period.
Associate Planner Gleason stated height verification was not required, but the
Commission could add a condition for it.
MOTION: By Commissioner Porter and seconded by Commissioner
Fonzi to adopt Resolution PC 2006-0092 to approve
Conditional Use Permit 2006-0198 based on findings and
subject to conditions of approval.
Motion passed 4:1 by a roll -call vote. (Slane opposed)
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2. 8570 EL CORTE PD -17 (PLN 2099-0795)
TO BE CONTINUED TO A DATE UNCERTAIN
Owner &
Royce Construction & Development, Inc., 10780 Vista Road, Atascadero, CA 93422
Applicant:
Rancho de Paraiso Phase 4 Subdivision (PLN 2099-1156/ZCH 2004-0089, CUP 2004-
Project Title:
PLN 2099-0795/ZCH 2006-0112, CUP 2006-0178, TTM 2006-0082; Planned Development
Project
8570 El Corte, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-421-005
Project
The proposed project consists of a Zone Change, Conditional Use Permit, and Tentative
Description:
Tract Map for the construction of 10 new single-family detached homes on individual lots
Description:
that will be developed under the requirements of the Planned Development Overlay #17.
Proposed homes range from approximately 1300 square feet to 2300 square -feet with two -
car attached garages. Thirteen (13) willow trees/shrubs (appx 75% of the riparian willow
mass) are proposed be removed as part of the development. The project site contains an
existing drainage way that contains riparian species and an identified wetland area. The
immediate wetland area is proposed to remain. The project will take access off of El Corte
Rd. Frontage improvements will be provided along El Corte Rd and La Linia Ave. The
development will be served by City sewer.
General Plan Designation: Single -Family Residential (SFR -X)
Zoning District: Residential Single -Family -X (RSF-X)
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:
10-9-06 through 11-7-06 at 6907 El Camino Real, Community Development Department,
from 8:00 a.m. to 5:00 p.m., Monday through Friday.
3. RANCHO DE PARAISO PHASE 4 SUBDIVISION
Owner:
Rancho De Paraiso, LLC, 6465 Alta Pradera Lane, Atascadero, CA 93422
Project Title:
Rancho de Paraiso Phase 4 Subdivision (PLN 2099-1156/ZCH 2004-0089, CUP 2004-
0134, TTM 2004-0058)
Project
Project site is located between Santa Lucia, Laurel, & Portal Roads, Lots 13, 14, and Lots 10
Location:
and 12 (portions) Block 28, Atascadero, CA 93422, (San Luis Obispo County) APN 054-
181-019, 030; 054-281-001
Project
The proposed project consists of applications for a Zone Change, Conditional Use Permit, and
Description:
Tentative Tract Map to establish a PD -16 Overlay for a 14 -lot residential subdivision.
A cluster subdivision is proposed on approximately 77 acres, creating 14 lots ranging in size
from 1.05 to 32.39 acres. The project design includes proposed building sites and a request for
modified setbacks on two of the proposed lots. Portal Road will be improved to provide fire
access. The majority of the site is covered with dense to sparse oak woodlands and slopes of 10
to 50%. All resulting parcels will connect to community water facilities and utilize onsite
septic systems.
General Plan Designation: RE
Zoning District: RS
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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: 10/16/06 through 11/4/06 at 6907 El Camino Real, Community Development Department, from
8:00 a.m. to 5:00 p.m., Monday through Friday.
Commissioner Slane stepped down from consideration of this item stating he lives
across the street from this development.
Associate Planner Kerry Margason gave the staff report and with Fire Marshall Tom
Peterson and Public Works Director Steve Kahn answered questions of the
Commission.
PUBLIC COMMENT
Ken Wilson, applicant's representative, spoke about the project and requested several
changes to the conditions: 1) waive the tree mitigation fee because of the amount of
tree preservation for the project, 2) private driveways for Lots 10 and 11, and 3)
minimize the overlay on Portal Road. Mr. Wilson answered questions of the
Commission.
Bill Robinson stated his concern with the damage to the roads due to the increase of
traffic and heavy equipment during construction and would like to see either a new
overlayment or rebuilding of the corner.
Myra Douglas remarked that she was disappointed there was no provision for public
access to the open space, and expressed concern with the driveways coming out on
Santa Lucia just before the Laurel Road entrance due to limited visibility.
Gail Swazey stated her concerns including lack of areas for hiking or viewing the
preservation area and watershed issues once the new homes are built.
Chairperson Beraud closed the Public Comment period.
Public Works Director Kahn and Associate Planner Margason addressed issues raised
during the Public Comment period.
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Fonzi to continue this item to a date uncertain with the
following items brought back to the Commission:
1. Look at the option of shortening the driveway that now
serves Lots 4 and 5 and only leave Lot 5 on top of the hill,
moving Lot 4 down to Laurel, and shorting the driveway
for Lot 5.
2. Map all the driveways and look at site distance for all.
3. Arrange a site visit for the Commission prior to the next
meeting.
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4. Look at the options for accepting the tree easement in lieu
of fees.
5. Investigate a public trail option with information on liability
issues.
6. Applicant to consider reworking the clustering of the
homes at Laurel and Santa Lucia.
Motion passed 3:1 by a roll -call vote. (Porter opposed)
Commissioner Porter stated for the record he voted no due to the excessiveness of
what the Commission is asking to be brought back, his only concern was the safety of
the driveways.
Commissioner Slane rejoined the hearing.
4. RECONSIDERATION OF ENCINO ROAD TRACT MAP (TRACT 2515)
Owners:
J. Michael Finch, 6445 N. Palm Ave., Ste. 104, Fresno, CA 93704
Don Messer, P O Box 1958, Atascadero, CA 93423
Project Title:
PLN 2099-0912/TTM 2003-0029 Reconsideration of Map
Project
Encino Ave. , South of Atajo Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 031-091-005, 006, 008, 009 and APN 031-092-016
Project
Reconsideration of Tentative Tract Map 2003-0029, consisting of the reconfiguration of six
Description:
(6) existing Colony lots. This application is a resubmittal of a previously approved Tract
Map that has expired. The reconfiguration of the existing lots is to minimize hillside
grading and impacts to native trees. The site is consists of steep wooded slopes with Live
Oak and White Oak woodlands and a portion of an un -named blue line creek.
General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size)
Zoning District: RSF-Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size)
Proposed
Consistent with previously certified Mitigated Negative Declaration 2003-0044.
Environmental
Determination:
Community Development Director Warren Frace gave the staff report and answered
questions of the Commission.
Ex Parte Communications
■ Commissioner Fonzi stated she had walked the site with the applicant and received
an email from Kevin Ashley to which she did not respond.
■ Chairperson Beraud stated she walked the site, spoke with several neighbors and
received an email from one of those neighbors.
Chairperson Beraud recessed the hearing at 8:47 p.m.
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Chairperson Beraud called the meeting back to order at 8:53 p.m.
PUBLIC COMMENT
Ken Wilson, applicant's representative, spoke about the impacted trees and stated that
the developer must disclose potential damage issues from those trees to buyers. Mr.
Wilson answered questioned of the Commission.
Don Messer, applicant, stated he has done everything staff has required and addressed
issues raised by the Commission.
Celia Bewley thanked the applicant for his efforts to preserve the trees but stated that
despite those efforts the area is heavily impacted and encouraged continued mitigation
measures.
Kevin Ashley expressed his concerns regarding tree impacts and mitigations,
discrepancies in the arborist's map, and loss of his access to Encino Road. He urged
the Commission to require a full on sight inspection and restoration of the original
mitigation fees.
Cindy Sasur read the original City Council motion for this project and spoke about the
changes that have occurred since that time. She raised several questions regarding
realignment of the road, the fire road, tree removals and the accuracy of the arborist's
map.
Mark Bewley asked the Commission to revisit the issue of tree mitigation as he does not
think the applicant can swap other mitigations for the tree removal mitigations.
Gene Ziginbine stated his belief that there should be something in place to monitor
contractors to ensure they play by the rules. He was concerned that some properties
were graded that did not belong to the applicant.
Cindy Sasur commented on the original conditions of approval that were violated by the
developer and presented photographs to back up her comments.
Don Messer addressed issues raised by the previous speakers and stated he did all he
could to save the trees and has had arborists on site many times.
Kevin Ashley commented that Mr. Messer has gained more property through the Road
Abandonment.
Chairperson Beraud closed the Public Comment period.
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Commissioner Slane expressed concern with the applicant's lack of attention to detail
on this project, stated the trees are his biggest concern and that Mr. Messer should be
contributing to the tree fund.
Vice Chairperson O'Keefe explained the reasons why she could only vote for this
Extension if the applicant agrees to pay into the tree fund per the original staff
recommendation.
Chairperson Beraud, read an email into the record that she had received from Ginger
Clevesal, regarding road improvements for damage done to Atajo Road during
construction.
Public Works Director Steve Kahn and Community Development Director Warren Frace
addressed issues raised during the public comment period.
Commissioner Porter stated he would be in favor of allowing Mr. Messer to go forward
but with the assessment of mitigation fees.
Commissioner Fonzi remarked that it was important to acknowledge the loss of a
valuable resource in this area. She suggested allowing the applicant to proceed, but to
split the mitigation fees in acknowledge of what he has done in putting in the road.
Chairperson Beraud commented the applicant must pay fully into the mitigation fund not
as a penalty but to allow the City to purchase property that has not been degraded.
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Slane to adopt Resolution No. PC 2006-0093 approving the
Reconsideration of Tentative Tract Map 2003-0029 consistent
with certified Mitigated Negative Declaration 2003-0044, based
on findings and conditions of approval, and an additional
condition of approval is that the applicant pay the full tree
mitigation funds, and including the additional conditions
recommended by staff with the following changes:
1. Condition No. 58 modified to read: The applicant shall
submit a bond mitigation deposit for the potential removal
of tree 1-55. The bond amount mitigation deposit shall
include the cost of removal and the impact fee.
2. Condition No. 12 to read: Encino Road shall be
constructed to a fire access road standard
wide—paved—s; rfaoe—andd 2 foot as` with a 20 foot wide
maximum paved surface or as built.
Motion passed 3:2 by a roll -call vote. (Porter, Fonzi opposed)
Commissioner Porter stated for the record he voted no because Commissioner
Fonzi's idea of 50% of mitigation had merit.
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Commissioner Fonzi stated for the record that she voted no because she thinks the
mitigation is excessive and should be split 50/50.
5. 5435 OLMEDA CONDOMINIUM MAP
Owner:
Roger Emmons, P O Box 91, Pismo Beach, CA 93448
Project Title:
PLN 2099-0479/TPM-2005-0074
Project
5435 Olmeda Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 029-292-018
Project
The project consists of a proposed condominium map over an existing lot of record to create
Description-
one (3) airspace units on one common lot. The lot is currently developed with one single-
family residence which is proposed to be demolished. Building permits for the three units are
currently in for review.
General Plan Designation: Medium Density Residential
Zoning District: Residential Multi -Family — 10 (Maximum 10 du/ac)
Proposed
Class 3(b) Categorical Exemption.
Environmental
Determination:
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Greg Ravatt, project architect, gave a PowerPoint presentation on the project, and
answered questions of the Commission.
Dan Ister stated he lives next door to the project and made several requests including
preservation of the 55 year old wisteria along the fence line, and pruning of the oak tree
that overhangs his garage. He expressed concern with the loss of privacy due to the
second story windows of the middle house.
Roger Emmons, applicant, stated he would have no problem with moving the second
story windows to accommodate Mr. Ister's privacy, and that the Wisteria along the
property line is a benefit which he will do his best to maintain.
Chairperson Beraud closed the Public Comment period.
MOTION: By Commissioner Porter and seconded by Commissioner
Fonzi by to adopt Resolution PC 2006-0098 approving
Tentative Parcel Map 2005-0074, a request to establish three
airspace units on one common lot, based on findings and
subject to conditions of approval, and adding the usual tree
mitigation measures that require any tree with impacts of 40
percent or greater to be bonded, with the finding for the tree
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removal that it is obstructing proposed development, and
adding all addendum items as presented by staff.
Motion passed 5:0 by a roll -call vote.
6. 9126 SAN DIEGO ROAD CELL SITE AMENDMENT
Owner:
Donald Lampman, 9126 San Diego Road, Atascadero, CA 93422
Applicant:
Tricia Knight, Sprint, 368 Santa Fe Ave., Pismo Beach, CA 93449
Project Title:
PLN 2006-1149/Amendment to CUP 98-002
Project
9126 San Diego Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 045-341-003
Project
The project consists of an amendment to CUP 1998-002, an existing unmanned cell site.
Description:
Application is for two new equipment cabinets to be located in existing fence area, and new
antennas to be located on existing monopole.
General Plan Designation: Rural Estates (RE)
Zoning District: Residential Suburban (RS)
Proposed
Environmental
Negative Declaration prepared for original CUP (dated December 17, 1998)
Determination:
Assistant Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Susan Hahn, applicant's representative, was available for questions.
Chairperson Beraud closed the Public Comment period.
MOTION: By Commissioner Fonzi and seconded by Vice Chairperson
O'Keefe to adopt Planning Commission Resolution 2006-0088
approving Conditional Use Permit 2006-0195, an amendment
to CUP 1998-002, subject to Conditions of Approval.
Motion passed 5:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Porter announced that as of tonight's meeting he would be stepping
down from the Commission due to family priorities at this time.
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Director Frace asked Commissioner Porter if he could tender his resignation effective
December 12th to be available for the next meeting if needed. Commissioner Porter
agreed.
Vice Chairperson O'Keefe referred to Kelly Gearhart's project on Marchant and the
approval for the use of artificial turf. She stated her research has shown that artificial
turf can be a health hazard and suggested looking into this further as the City did give
its approval. Director Frace explained how staff made the decision to allow the artificial
turf.
There was Commission agreement to bring this issue back for further discussion on the
next agenda.
Commissioner Fonzi asked for a report on the moratorium on additional site
condominiums. Director Frace gave an overview of the moratorium.
8. VETERAN MEMORIAL SITE SELECTION AD HOC COMMITTEE
APPOINTMENT
Community Development Director Warren Frace gave a brief report on this
appointment.
There was Commission consensus to appoint Commissioners O'Keefe, Fonzi and
Slane to the Veteran Memorial Site Selection Ad Hoc Committee.
DIRECTOR'S REPORT
Community Development Director Frace reported that staff is working with the third year
landscape architecture class at Cal Poly looking at options for downtown, which they
would like to present at the next Commission meeting. There was Commission
discussion and it was decided to have an informal special meeting from 5:00 to 6:30
p.m. on December 5th
City Attorney Patrick Enright reported that mandatory ethics training is scheduled for
December 7th at 2:00 p.m. and 6:00 p.m. in the Council Chambers.
Director Frace reviewed the agenda for the next Planning Commission meeting.
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ADJOURNMENT
Chairperson Beraud adjourned the meeting at 11:00 p.m. to the next regularly
scheduled meeting of the Planning Commission on December 5, 2006.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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