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HomeMy WebLinkAboutPC Minutes 04-03-07CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, April 3, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner O'Grady led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi, and Chairperson O'Keefe Absent: None Others Present: Recording Secretary Grace Pucci 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, Assistant Planner Callie Taylor, and City Attorney Patrick Enright. Chairperson O'Keefe read the Decorum Guidelines. PLANNING COMMISSION BUSINESS PC Minutes 04/03/07 Page 1 of 13 APPROVAL OF AGENDA Chairperson O'Keefe stated that Item #3 has been removed from the agenda. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to approve the agenda. Motion passed 7:0 by a roll -call vote. DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Chairperson O'Keefe stated that all Planning Commissioners except one had visited the site of the tree removal permit (Item #2) at different times. ■ Commissioner O'Grady stated he had received several emails from citizens concerning the creek setback issue, and acknowledged those emails. He attended the League of California Cities Training Session in San Diego. ■ Commissioner Jack stated he had attended the field trip for Item #2 and the League of California Cities Training Session in San Diego. ■ Vice Chairperson Fonzi stated she visited the Chauplin Lane site and spoke with the applicant Don Messer regarding the creek setback issue and visited several creek side lots in Atascadero, received a call from Mark Gibbs, Board of Realtors and many emails to which she did not respond. She attended the League of California Cities Training Session in San Diego. ■ Commissioner Slane stated he had received emails concerning the creek setback issue but did not respond. He attended the League of California Cities Training Session in San Diego. ■ Commissioner Marks stated he had received emails to which he responded with an acknowledgement and visited the Fairfield Inn Hotel Healthcare Services site. He attended the League of California Cities Training Session in San Diego. ■ Commissioner Heatherington stated she received emails to which she did not respond and visited the Chauplin site. She attended the League of California Cities Training Session in San Diego. PUBLIC COMMENT Bruce Bevans asked for an update on the traffic mitigation for the Santa Barbara Road off ramp. City Engineer Steve Kahn reported that the current plan is for a four-way stop on the south bound off ramps and to look at improvements at the north bound off ramps. In addition, a study will be done on cost estimates for a roundabout at the north bound ramps of the Santa Barbara interchange Eric Greening asked about possible impacts from a future roundabout on the Park and Ride lot at San Antonio Road, and commented that ground is being lost county -wide on Park and Ride spaces. PC Minutes 04/03/07 Page 2 of 13 City Engineer Steve Kahn stated the Park and Ride lot is included in the new conceptual layout for the roundabout. Chairperson O'Keefe closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 19, 2007. MOTION: By Commissioner Jack and seconded by Commissioner O'Grady to approve Item #1. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2099-0183, TREE REMOVAL PERMIT 2006-0094 FOR 5105 & 5305 CHAUPLIN LANE Applicant: Don Messer, P O Box 1958, Atascadero, CA 93423 Owners: Burt Polin, 147 Los Cerros Drive, SLO, CA 93405 Michael Finch, 6445 N. Palm Ave. #101, Fresno, CA 93704 Project Title: Tree Removal Permit 2006-0094 Precise Plan 2005-0172, 2 Single -Family Residences on slopes greater than 10% Project 5105 & 5305 Chauplin Lane, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-311-005, 030-311-002 Project The project consists of an application to construct 2 single-family houses on 2 existing lots of record. Description: Both of the residences each total 1,928 sq. ft. with a 744 sq. ft. garage and a 120 sq. ft. deck. The proposed project will require approx. 1,300 cubic yards of cut and approximately 700 cubic yards of fill on moderate to steep slopes and will incorporate retaining walls. Approximately 62 native trees are proposed for removal and the residences will gain access through a shared driveway from Chauplin Lane. This is a revised proposed Mitigated Negative Declaration and replaces the document previously posed on June 5, 2006. General Plan Designation: SFR -Z Zoning District: RSF-Z Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real, Determination: Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. PC Minutes 04/03/07 Page 3 of 13 Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Eric Gobler, applicant's representative, spoke about the project, and made several corrections to the plans the Commission had received. He requested the applicant's original tree preservation easement be considered in lieu of fees and if fees are proposed instead of the preservation easement that the applicant be given the opportunity to discuss the amount with city staff. Mr. Gobler answered questions of the Commission. Henry Curtis, project arborist, answered questions of the Commission. Don Messer, applicant, gave a brief history of the project. Eric Greening explained why some of the assumptions previously used for projects on lots like this must be questioned, and suggested a fresh look at the tree ordinance is in order. Chuck Green suggested transplanting the larger trees or digging them up temporarily and then placing them back on the lot. Ann Colby, neighbor to this property, expressed concern with the amount of trees to be removed and impacted, and the amount of canopy to be lost. She would like the project sent back for re -consideration of the clustering arrangement or to follow staff recommendations with careful monitoring. Sid Bollen spoke about the tree canopy on this lot, the amount of new tree growth and his concerns for fire issues with a canopy of this density. Eric Gobler addressed issues raised by the previous speakers. Chairperson O'Keefe closed the Public Comment period. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to adopt Resolution PC 2007-0023 to approve the request to remove sixty-two (62) native oak trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance, and that the applicant meet with staff to decide on the area up above and that it would be at least 50% of the area shown in there and it to be concentrated on the left hand side of the map, and have the fees waived because the applicant is putting in a larger conservation easement. PC Minutes 04/03/07 Page 4 of 13 Motion failed 3:4 by a roll -call vote (Heatherington, O'Grady, Marks, O'Keefe opposed) MOTION: By Chairperson O'Keefe and seconded by Commissioner Marks to adopt Resolution PC 2007-0023 to approve the request to remove sixty-two (62) native oak trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance, and that the applicant will pay tree mitigation fees and that an open space easement will be created on the bottom half per the maps by staff and that the triangular section on lot 14 be removed and 50% of upper area be removed and the part that stays in would be where the wildlife is. Motion passed 4:3 by a roll -call vote. (Slane, Jack, Fonzi opposed) Commissioner Slane stated for the record that he voted against the motion because this is too intrusive of the property owner and is a burden on him. Commissioner Jack stated he needed more clarification on where the actual line would be drawn. Vice Chairperson Fonzi stated for the record that she voted against the motion because she believes it is punitive to have both the easement and the fees. 3. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2002-0028, 9230, 9550 VISTA BONITA (MICHAEL FREDERICK), PLN 2099-1094 Owner: Michael Frederick, P O Box 573, Atascadero, CA 93423 Project Title: Time Extension on TPM 2002-0028 Project 9230, 9550 Vista Bonita (top of Chalk Mountain), Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-441-013, 014, 015 Project The project consists of an application for a one-year time extension of a tentative 2 -lot parcel map. Description: General Plan Designation: SFR -Z (1.5 to 2.5 acre minimum) Zoning District: RSF-Z (1.5 to 2.5 acre minimum) Proposed Categorical exemption. Environmental Determination: This Item was withdrawn from the agenda by the project Owner. PC Minutes 04/03/07 Page 5 of 13 PUBLIC HEARINGS 4. CITYWIDE CREEK SETBACK ZONING ORDINANCE AND GENERAL PLAN AMENDMENT, PLN -2006-1139 Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, Phone: 461-5000 Project Title: Zone Change 2006-0125, General Plan Amendment 2006-0017, PLN 2006-1139 Creek Setback Zoning Ordinance and General Plan Amendment Project Citywide Location: Project The project consists of a proposed Creek Setback Ordinance to be included in Chapter 4, Site Description: Development Standards of Title 9, Planning and Zoning Ordinance, in the Atascadero Municipal Code. Following General Plan Policy 8.2, revisions to the General Plan are proposed which would replace the interim creek setbacks. The updates are intended to establish a 35 foot setback along Atascadero Creek, Graves Creek, and Boulder Creek reservations, a fifty foot setback along the Salinas River, and a twenty foot setback along all other blue line creeks, wetlands, and significant drainage courses. The Planning Commission would be able to approve exceptions to the creek setbacks in the form of a Minor Conditional Use Permit with a biologist and a geomorphologist report if the project can meet the required findings to show that the creek and surrounding habitat will not be significantly affected. Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review at 6907 EI Camino Real, Community Determination: Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. Commissioner Heatherington stepped down from consideration of this item stating that she was the Director of the Environmental Center when the lawsuit about creek setbacks was filed. Though she has not been an employee of that organization for almost two years and she has no conflict of interest, she stated she will recuse herself for this issue because she thinks it is best for public deliberation for that to happen. Commissioner Heatherington reserved the right to speak as a member of the public. Community Development Director Warren Frace and Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Richard Bastian stated his concerns because Graves Creek meanders all over his seven acre property and the setback would restrict his ability to enjoy his property. Sid Bowen stated he was in favor of protecting riparian habitats and wetlands but does not think this ordinance has been properly thought through, and that the cost for the studies alone would be too expensive for an owner who wants to improve his property. John Vesnamer commented that the Planning Department process is working already, that decks should not require a CUP, and the focus should really be on degradation of the creeks. PC Minutes 04/03/07 Page 6 of 13 John Shadak spoke about an experience he had with the city regarding placement of a drainage pipe in his back yard and stated there is no longer 35 feet left. He urged the Commission to deny the ordinance. Mike Jackson stated he did not think there had been adequate notification to property owners. He expressed concern regarding all the oversight that has been added to the ordinance, and that the wetlands and drainage courses have not yet been plotted. Maria Hooper read from a prepared statement written by Anthony Doko regarding his concerns over an artificial drainage area on his property and how it would affect plans to improve or build on his property under this proposed ordinance. (Exhibit A) Dorothy Bench spoke in support of preservation and protection of creeks; however she stated an ordinance requiring 35 foot setbacks is divisive and illogical. She thinks if enough land is taken to preclude the owner from reasonable use of his land he must be compensated. Ken Jones was concerned that the city is placing an arbitrary restriction that has no meaning, and that some areas requiring setbacks never experience flooding. Jim Scrivener stated he owns one acre bordering the Salinas River and had received no notification of this hearing. He indicated a 50 foot loss on his property would be a significant loss and is not acceptable. Mark Gibbs, Chairman Governmental Affairs Committee for the Atascadero Association of Realtors, asked the Commission to consider the implications of this ordinance on property rights. Tim McCutchen commented that he did not see any mitigation to property owners for the loss of their properties in the Mitigated Negative Declaration, and was concerned with the setbacks for "significant drainage courses," which are not currently mapped and would affect many property owners who have not been notified. Mitch Culver stated he saw this as an attempt for a land grab and that there currently is a permit process in place that protects the creeks and wetland areas. He asked that this go back and be redesigned as is it unclear how many would be affected by the ordinance. Susie Anderson was concerned with the ramifications of this ordinance to the people in the community who may not understand that the creek reservation line is actually their property line. She asked why the city should usurp private property rights when the lawsuit was based on commercial property not residential. Richard Shannon stated that this ordinance would not encourage redevelopment in the downtown along the creek. His concerns were that this is arbitrary, it takes property PC Minutes 04/03/07 Page 7 of 13 without compensation, and would put a two to three year time frame on processing permits. Chuck Cooper stated this proposal is a gross injustice and is tantamount to taking land from the property owner without just compensation. Don Blaize gave a PowerPoint presentation outlining the negative aspects of this proposed ordinance. (Exhibit B) Chairperson O'Keefe recessed the hearing at 9:41 p.m. Chairperson O'Keefe called the meeting back to order at 9:51 p.m. John Hollenbeck read from a prepared statement stating his belief that further extending the open space easements in the form of creek setbacks is illegal. (Exhibit C) Steven Arnold stated it would be better to enforce existing laws, keep ATV usage down and encourage people to be more responsible stewards of their backyard wetlands. Taking away property rights will anger people and lead to less cooperation. Jeff Van den Eikhof explained that because the creek does not follow the creek reservation line, using it to establish the setback may create a hardship for many property owners. He suggested that the ordinary high water mark shown on site plans should be the point from which setbacks are determined. He questioned who would determine what drainage course is "significant," and also suggested the Commission not apply this to those already in the planning process. Bill Bargues expressed concern that his property would be significantly reduced by this ordinance and questioned how the measurements would be derived as changes in the creeks occur seasonally due to the amount of rainfall and flow of the creek. Brad Taunt stated he is in support of creek preservation but opposed to this ordinance as presented. He was concerned with the arbitrary nature of the 25 to 35 foot number, and suggested there be additional thought and investigation on what properties are negatively affecting the creeks. Lon Allen cited several incidents in Atascadero history that demonstrated the need for building back from the creek, and read a letter from Marge Mackay into the record from the Atascadero Historical Society Board of Directors, stating their support for the creek setback proposal. Glen Horn stated the proposed ordinance would restrict him from developing his property by one-third. He indicated that when he purchased his property he researched the possible restrictions and found none; if he had known about this he would not have purchased the property. PC Minutes 04/03/07 Page 8 of 13 John Galaher asked several questions, stated he considers this a taking, and that for every mile that this takes, 8.5 acres of property will be given up. He said it was the city's job to monitor the creek and have it cleaned up by those who abuse it. Warren Miller stated the city doesn't need any more ordinances to restrict private property; if there are problems in the creek then the city has should charge the guilty party to clean up the creek. Ken Lombardi spoke about his own property and explained that the 35 foot setback would leave him with nothing for a lawn or expansion of his home. Nick Miller spoke about the restrictions existing on his property at this time and was concerned about overlapping ordinances, challenges for weed abatement and privacy issues. Rick Johansen spoke in favor of cleaning up the creek rather than taking property away from owners. He stated the Commission should represent the people in the town and that the majority in Atascadero do not want this. Sue Bagdonis said she saw an ulterior motive in this of trying to get trails and bike paths, which she thought would cause more of a problem by creating impacts to the wildlife and bringing in crime. Ben Richardson spoke about organic architecture and engineering concerns along the creeks. He agreed that there had not been adequate notice, and commented that if 35 feet is taken from commercial properties along the creek, the city will actually be reducing its inventory of commercial properties. Andrew De Villers stated he owns property on both sides of the creek, and increasing the setback would render his property 20% useful, and if he wanted to expand the costs would be so great he could not justify it. Larry Cooks said he owns 5 '/2 acres long both sides of the creek and is in a flood zone so he would not have much property left if this goes through; he stated this was stealing. Chuck Green commented that if the setbacks are increased it would increase the city's responsibility to clean up the creek, which is not happening now. He stated he works hard to keep his property clean and if it is taken he will be unable to use his garden. Bill Schaffer stated the financial magnitude of the problem must be defined; what is the financial impact to property owners, and the dollar value of the land the city is taking possession of. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to go past 11:00 p.m. PC Minutes 04/03/07 Page 9 of 13 Motion passed 6:0 by a roll -call vote. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to continue Item #5. Motion passed 4:2 by a roll -call vote. (Slane, Marks opposed) Margie George stated that the notice she received did not mention that the Salinas River properties were involved in the setback issue and fears that those who live along the river may not be aware that their properties will be affected. Jonalee Istenes commented that this ordinance will protect water quality and that the General Plan protects water shed in the city and promotes trails along the creeks. She urged the Commission to err on the side of caution to protect creeks from chemical contamination. Bill Arkfeld explained that in other communities these decisions are handled through the development of a water shed plan with public participation. He said if the city takes the right steps it can get past the problems and craft a good ordinance that respects property rights. Julie Bennett stated she was very concerned that this be stopped now, as it is an issue of personal property rights and should not be a way to solve previous litigation issues in the city. John Hollenbeck read a message from his wife into the record in opposition to the ordinance, and asked several questions regarding the proposed setbacks. Ben Richardson asked if the ordinance addresses what could be done within in the setback other than as a building site, and questioned if a specific study has been made about any species that needs environmental protection on the north side of Atascadero Creek from City Hall to the river. Cliff Haggard stated that at one time there were crews of CYA wards that cleared areas to promote good drainage, however now no one can clean up the creek because it is so overgrown. He urged the city to clean up the creeks, not take away property. Pam Heatherington asked the City Attorney to define a "taking", spoke about the impacts to Atascadero Creek, the need to address downstream liability, and determine archeological findings. She commented that creeks, rivers, and streams are a public trust. Joe Montoya said he owns property along the creek and would like to be able to develop it as he has envisioned it, but that he would loose 40% of his property if this passes. He also stated that many of his neighbors had not received notice of this meeting. PC Minutes 04/03/07 Page 10 of 13 Chairperson O'Keefe closed the Public Comment period. City Attorney Patrick Enright and Community Development Director Warren Frace addressed questions raised during Public Comment. Vice Chairperson Fonzi recommended that this go back to staff to have it reworked because it is not uniform; there should be more discussion on whether the setback is measured from the creek reservation or high water mark. Philosophically, she stated she has a problem with this in general. Jurisdictional wetlands must be identified and put before the public, and "significant drainage courses" must be clarified. Commissioner Slane stated he doesn't agree with the 35 foot setbacks and does not think the Salinas River should be included. Commissioner Jack thought 35 feet is too much, 20 feet is all he can support, and he was unsure why the Salinas River setback needs 50 feet rather than 20 or 35. MOTION: By Chairperson O'Keefe and seconded by Commissioner O'Grady to adopt Resolution PC 2007-0019, 2007-0020, and 2007-0021 recommending that the City Council certify proposed Mitigated Negative Declaration 2006-0039 and introduce an amendment for first reading, by title only, to approve General Plan Amendment 2006-0017 and Zone Change 2006-0125 based on findings and with the exceptions for shallow lots and existing structures as written by staff. Motion tied 3:3, recommendation is not to adopt. (Slane, Jack, Fonzi opposed) Commissioner Slane stated for the record that if it was at 20 feet for the setback he might have voted for it. 5. THE COMMISSION VOTED TO CONTINUE THIS ITEM. PLN 2006-1181 AND PLN -2099-0313, 9700 EL CAMINO REAL Owners/ Ted Jacobsen, 8055 Cristobal, Atascadero, CA 93422 Applicants: JP Patel, 3600 El Camino Real, Atascadero, CA 93422 Project Title: PLN -2099-0313, Conditional Use Permit 2004-0137 Amendment PLN -2006-0130, Zone Change 2006-0130 Project 9700 EI Camino Real, Atascadero, Ca. 93422 Location: APN 056-081-032 Project The proposed project consists of an application for a Conditional Use Permit for a commercial Description: development located on 1.7 acres within the Commercial Tourist Zone and a Zone Text Amendment to the conditionally allowed uses within the Commercial Tourist Zone to allow health care services/medical offices. Two building pads are proposed for the site. Building 1, a 15,000 square -foot office building is currently under construction. This building is currently proposed to PC Minutes 04/03/07 Page 11 of 13 6. TO BE CONTINUED TO APRIL 17, 2007 PLN 2006-1117, PALMA AVENUE, ROSARIO AVE. AND RIDGEWAY COURT Owners/ house the medical offices. Building 2 is proposed to be an 80 room hotel totaling 51,740 square - Applicants: feet. Four native oak trees are proposed for removal. Project Title: Mitigated Negative Declaration 2005-0022 was previously certified for the construction of the Project office building. This document shall analyze all existing and new impacts due to the proposed Location: amendments and shall supersede the previously certified document. Project General Plan Designation: General Commercial (GC) Description: Zoning District: Commercial Tourist (CT) 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 at 6907 El Camino Determination: Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. TO BE CONTINUED TO APRIL 17, 2007 PLN 2006-1117, PALMA AVENUE, ROSARIO AVE. AND RIDGEWAY COURT Owners/ Jim and Adrienne Beck, 5825 Ridgeway Court, Atascadero, CA 93422 Applicants: Gary and Mary Tharp, 12250 San Antonio Road, Atascadero, CA 93422 Project Title: PLN 2006-1117: CUP 2006-0184, TTM 2006-0089, ZCH 2006-0121 Project Palma Avenue, Rosario Avenue, Ridgeway Court Location: (San Luis Obispo County) APNs 029-322-022, 023, 024 Project The proposed project consists of an application for construction of 7 single family detached homes Description: on individual lots that will be developed under the requirements of a Planned Development -29 Overlay within the RMF -10 Zoning District. One existing home, designated as an Atascadero Colony Home is proposed to remain. Proposed homes range in size from 1500 square feet to 2300 square feet. Lot sizes range from 3155 square feet to 22,407 square feet. The project includes one home per lot, each two stories tall and with either a porch or a deck. Eight native trees are proposed for removal; 4 toyons, 2 Live Oaks, and 2 Valley Oak trees. The project will take access from Palma, Rosario, and Ridgeway Court. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi -Family -10 (RMF -10) 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 at 6907 El Camino Determination: Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady thanked all those who stayed and spoke about the proposed ordinance. DIRECTOR'S REPORT None PC Minutes 04/03/07 Page 12 of 13 ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 12:11 a.m. to the next regularly scheduled meeting of the Planning Commission on April 17, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Anthony Doko, email Exhibit B — Don Blaize, PowerPoint handout Exhibit C — John Hollenbeck, letter \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 07\PC Minutes 04-03-07 (2).doc PC Minutes 04/03/07 Page 13 of 13