HomeMy WebLinkAboutPC Minutes 06-05-07CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, June 5, 2007 — 7:00 P.M.
Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Slane
led the Pledge of Allegiance.
ROLL CALL
Present
Absent
Others Present
Commissioners Heatherington, Jack, Slane, Fonzi, and
Chairperson O'Keefe
Commissioners Marks and O'Grady (excused absences)
Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace, Community
Services Director Brady Cherry, Deputy Community Development
Director Steve McHarris, Deputy Public Works Director David
Athey, Associate Planner Kelly Gleason, and Assistant Planner
Callie Taylor.
Chairperson O'Keefe read the decorum guidelines
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
Chairperson O'Keefe suggested moving Item #3 to the end of the agenda.
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MOTION: By Commissioner Jack and seconded by Vice Chairperson
Fonzi to approve the agenda as amended.
Motion passed 5:0 by a roll -call vote.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
PUBLIC COMMENT
Eric Greening spoke about the importance of tree valuations and asked for an update
regarding where the issue stands at this time.
Community Development Director Warren Frace explained that though the Planning
Commission cannot adjust the fee schedule, they can make a recommendation to the
City Council to consider it at a future date.
Chairperson O'Keefe suggested setting aside the issue for a few months as the Council
has a lot on its plate at this time. There was Commission agreement with this
suggestion.
Chairperson O'Keefe closed the Public Comment period.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON MAY 15, 2007.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Jack to approve Item #1.
Motion passed 4:0 by a roll -call vote. (O'Keefe abstained)
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2007-1206, 8970 Montecito Ave. Tree Removal Permit
Owner:
Kelly Gearhart, Morro Road Homes, LLC, 6205 Alcantara Ave., Atascadero, CA 93422
Applicant:
Gearhart Development, 6205 Alcantara Ave., Atascadero, CA 93422
Certified Arborist:
Steven Alvarez, A&T Arborist, 1565 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2007-1206 / Tree Removal Permit 2007-0104
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Project
Location:
8970 Montecito Ave., Atascadero, CA 93422,
(San Luis Obispo County) APN 006-113-002
Project
A request to remove one (1) native oak tree totaling 108 inches (dbh) found to be
Description•
hazardous by a Certified Arborist. The site is currently partially developed with a 2,876
square foot commercial building north of the tree.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Tourist (CT)
Proposed
Environmental
Categorical Exemption; 15304 Minor Alterations to Land; Class 4
Determination:
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Steven Alvarez, applicant's arborist, answered questions of the Commission.
Kelly Gearhart, applicant, explained why he is requesting the tree removal, and
answered questions of the Commission.
Chairperson O'Keefe closed the Public Comment period.
Commissioner Heatherington indicated she would like to wait to vote on this until she
has the opportunity to look at the original tree report and layout. She believes not much
has changed with the tree and she would like to make a comparison with the original
report.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Slane to adopt Resolution PC 2007-0047 to approve the
request to remove one (1) 108" (dbh) native oak tree subject to
findings and conditions of approval.
Motion passed 3:2 by a roll -call vote. (Heatherington, O'Keefe
opposed)
Commissioner Heatherington stated for the record she did not have enough information
to vote on the removal.
Chairperson O'Keefe stated she voted against the motion because she believes the tree
could live another 15 to 20 years.
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PUBLIC HEARINGS
4. PLN 2006-1119, 7155 Valle Ave.
Owners/
Sean Knoph, Greg Wright and Lori Martin, 6590 Valle Ave, Atascadero, CA 93422
Applicants:
Project Title:
PLN 2006-1119 / Tentative Parcel Map 2006-0084
Project
7155 Valle Ave, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 029-352-001
Project
The project includes a Tentative Parcel Map which proposes a two (2) lot split in the RSF-
Description:
Y Zone (1 acre minimum lot size.) The existing lot is 2.33 acres gross (2.009 acres net)
with an average slope of 33%. Parcel 1 is proposed at 1.0 acres gross on a 43% slope.
A building envelope with a 10.6% slope is provided on Parcel 1 for one new residence;
the site is currently vacant. Proposed Parcel 2 contains an existing residence and is
proposed at 1.333 acre gross with a 25% slope. An emergency access easement is
proposed on Parcel 1 to give a secondary emergency access route to Stadium Park. The
site is covered by both Coast Live Oaks and Blue Oaks. The project proposal includes
the removal of two Live Oaks (58" total DBH) and three Blue Oaks (63" total DBH) for the
construction of the new residence, driveway, and emergency access road on proposed
Parcel 1. The project will also include street improvements on Valle and Escarpa Ave.
General Plan Designation: Single Family Residential (SFR -Y)
Zoning District: Residential Single Family (RSF-Y)
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
Determination:
from 5/16/07 through 6/4/07 at 6907 EI Camino Real, Community Development
Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday.
Assistant Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Steven Alvarez, project arborist, spoke about the tree removals.
Eric Greening expressed concern that in the past there have been problems with
vehicle trespass into Stadium Park creating erosion damage. He asked about the type
of road/trail planned from this side, whether the Parks Department have been contacted
regarding trees #9 and 10 which are located in Stadium Park, the type of gate existing
now on the lower end, how this integrates into what has been planned for the park so
far, and the affect on future utility lines if this item is approved.
Chairperson O'Keefe closed the Public Comment period.
Staff addressed issues raised during the Public Comment period.
MOTION: By Commissioner Jack and seconded by seconded by
Commissioner Slane to adopt Resolution PC 2007-0050
certifying the proposed Mitigated Negative Declaration 2007 -
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0008, approving the removal of 2 Live Oaks and 3 Blue Oaks,
and approving Tentative Parcel Map 2006-0084 (AT 06-0047), a
request to subdivide one lot totaling 2.33 gross acres into two
(2) parcels containing 1.0 acres and 1.333 acres each, based
on findings and subject to conditions, with the additional
conditions that a gate is kept in place to provide emergency
access to the Fire Department only, and to clarify Condition
No. 42 that all new utilities serving the project shall be
installed underground along the project frontage and on the
property, and it will be the City's responsibility to pay
mitigation on trees #9 and 10.
Motion passed 5:0 by a roll -call vote.
5. PLN 2099-0480, 5485 Olmeda Ave.
Owners:
Rodney & Deborah Madruga, 5495 Olmeda Ave., Atascadero, CA 93422
Project Title:
PLN 2099-0480 / Tentative Parcel Map 2006-0083
Project
5485 Olmeda Avenue, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 029-292-016
Project
The project consists of a proposed condominium map over an existing lot of record to create
Description:
two (2) airspace units on one common lot. The lot is developed with one single-family
residence and one additional unit for proposed construction.
General Plan Designation: MDR
Zoning District: Residential Multi -Family -10 (Maximum 10 du/ac)
Proposed
Class 15 Categorical Exemption; Minor Land Divisions
Environmental
Determination:
Assistant Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Russ Thompson, applicant's representative, addressed issues raised by the Planning
Commission. He stated the applicant would like to leave the grass in place as it is a
drought tolerant variety, and asked that the curb, gutter and sidewalk be waived, as it
would be haphazard and won't fit in with the neighborhood.
Rodney Madruga, applicant, stated he plans doing some painting and improvements to
the front unit, and will make it compatible with the other units on the project.
Ron Reisman stated he lives across the street from the proposed project and based on
the applicant's prior work and improvements he believes this will be a good quality job.
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He indicated he would prefer looking at a lawn rather than drought resistant plants on
this site, stated his biggest concern is parking, and asked that the curb, gutter and
sidewalk not be done.
Chairperson O'Keefe closed the Public Comment period.
Deputy Public Works Director David Athey explained why Public Works is requesting
the street improvements.
There was Commission discussion regarding the lawn and drought tolerant plants, and
the issue of frontage improvements.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Jack to adopt Resolution PC 2007-0051 approving Tentative
Parcel Map 2006-0083, a request to establish two (2) airspace
units on one common lot, based on findings and subject to
conditions of approval, and that these findings include that the
paint and trim be compatible between the front and back unit,
and that landscaping be at least somewhat uniform between
the front and back unit with the exception that the applicant
will work with staff regarding the placement and retention of
grass on the front unit, and with the addition of the Conditions
from staff that utilities along the new driveway shall be
installed as shown on sheet C-2 providing a maximum
distance between the utility trenches and tree No. 1, and air
spade shall be required as recommended by the project
arborist for trenching under tree No. 1.
Motion passed 5:0 by a roll -call vote.
Commissioner Heatherington stated she would make a stand for drought tolerant plants
at some point.
Chairperson O'Keefe stated she would not deny the project on the basis of the fact that
there hasn't been more accommodation for the drought tolerant plants, which she
believes is very important.
6. PLN 2006-1178, 10460 Portal Road
Owner:
Deborah Puma, 1408 Crown Way, Paso Robles, CA 93446
Applicant:
Western Dairy Designers Associates, Inc., 316 West "F" Street, Suite 100, Oakdale, CA
95361
Project Title:
PLN 2006-1178 / Amendment to building envelope on Lot 14 of TTM 2000-0001
Project
Location:
10460 Portal Road, Atascadero, CA 93422
(San Luis Obispo County) APN 054-192-033
Project
The proposed project consists of an amendment to the existing building envelope which was
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Description:
approved with TTM 2000-0001 (Rancho de Paraiso subdivision map.) The project proposes
modifications to the primary building envelope, and proposes the addition of a second
building envelope on the other side of the lot for a secondary unit. The average slope on site
is approximately 19%. The main residence is proposed at 3,716 square feet with a 1,156
square -foot attached garage on a 12% slope. The second unit is proposed at 998 square
feet with an 821 square foot attached garage/ storage space on a 17% slope. 1,200 cubic
yards of cut and 815 cubic yards of fill is required. A blueline creek runs through the property
between the two building envelopes. A pedestrian bridge is proposed across the blueline
creek. No native tree removals are proposed. 7 Blue Oaks and Valley Oaks will be impacted
by the construction of the residences and the septic system. Both residences will connect to
a septic system which is designed as a seepage pit (deep pit) disposal system.
General Plan Designation: Rural Estate (RE)
Zoning District: Residential Suburban (RS)
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
Determination:
from 5/16/07 through 6/4/07 at 6907 EI Camino Real, Community Development
Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday.
Assistant Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Dan Hile, applicant, spoke about the project and explained the living arrangements for
the second unit. Dr. Hile answered questions of the Commission.
David Avila, project design engineer, addressed issues raised by the Commission, and
stated he did not believe they needed a biologist study on the blue line creek.
Terry Otis stated he lives on the property bordering this property, and expressed
concern that this project did not follow the rules as he is not permitted to build a second
unit on his property.
Dan Hile stated that when he purchased his property he spoke with Gary Larson and it
was determined that there was nothing set forth to allow or disallow this project.
Terry Otis stated there are CC&R's that apply to this property and the Commission
should read those. He remarked that he bought his home because of the location of the
building envelopes in this project.
Chairperson O'Keefe closed the Public Comment period.
Chairperson O'Keefe stated she had a problem with this proposal because when other
property owners bought into this project they believed there would be no second units.
She was concerned with setting a precedent and changing the character and property
values of the neighborhood.
Vice Chairperson Fonzi expressed concern with the garage, as she believed it was
excessive, and stated she could approve this with a smaller garage.
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MOTION: By Commissioner Heatherington and seconded by Vice
Chairperson Fonzi to adopt Resolution PC 2007-0049,
certifying proposed Mitigated Negative Declaration 2007-0006,
approving an amendment to the location of the building
envelope and the addition of a second building envelope on lot
14 of Tract 2396, based on findings and subject to conditions,
with the added conditions that the applicant shall be required
to record any necessary documents to establish the revised
main building envelope and to add the second building
envelope on the additional map sheet or as an addendum to
the additional map sheet, and that the ordinary high water park
on the blue line creek shall be identified and marked by a
qualified civil engineer, and all building envelopes, the second
unit, and any grading or excavation work shall be located
outside of the 20 foot setback from the ordinary high water
mark as identified by the civil engineer in that survey, and with
a garage no larger than 500 square feet.
Motion passed 4:1 by a roll -call vote. (O'Keefe opposed)
Chairperson O'Keefe stated for the record she voted no because people who bought
into the project made an investment and expected that there would not be second units,
and she can see a proliferation.
Chairperson O'Keefe recessed the meeting at 9:02 p.m.
Chairperson O'Keefe called the meeting back to order at 9:10 p.m.
7. PLN 2007-1190, 9525 Galling Court
Owners:
Milan & Ruth Vrajich, 9525 Gallina Ct., Atascadero, CA 93422
Project Title:
PLN 2007-1190 / Conditional Use Permit for a Residential Care Facility
Project
9525 Gallina Court, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 054-272-025
Project
The proposed project consists of an application for a Conditional Use Permit to allow 8
Description:
residents in a residential care facility. The facility currently is licensed for 6 residents. The
increase in the number of residents above 6 requires Conditional Use Permit approval.
General Plan Designation: RE
Zoning District: RS
Proposed
Environmental
Notice of Exemption
Determination:
Associate Planner Kelly Gleason gave the staff report.
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PUBLIC COMMENT
Milan Vrajich, applicant, explained the reason for this request and answered questions
of the Commission.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner Slane and seconded by Chairperson
O'Keefe to adopt Resolution PC 2007-0048 approving PLN
2007-1190 (Conditional Use Permit) based on findings and
subject to Conditions of Approval.
Motion passed 5:0 by a roll -call vote.
8. PLN 2099-0730, 5493 Traffic Way
Owner:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2099-0730 / Conditional Use Permit 2003-0092 Amendment
Project
5493 Traffic Way, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 028-361-033
Project
The proposed project consists of an application for an Amendment to Conditional Use Permit
Description:
2003-0092 to allow an on-site Skate Park Facility.
General Plan Designation: Industrial (1)
Zoning District: Industrial (1)
Proposed
Environmental
Consistent with Previously Filed Notice of Exemption dated June 17, 2003.
Determination:
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
Community Services Director Brady Cherry explained the history of the agreement with
the concessionaire and of the improvements they have made at their own expense in
the skate park.
PUBLIC COMMENT
Brady Cabe, skate park manager for Mobley's, explained how the hours and fees are
handled at the park.
Commissioner Jack thanked Mobley's for the outstanding job they have done at the
park.
Chairperson O'Keefe closed the Public Comment period.
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MOTION: By Chairperson O'Keefe and seconded by Commissioner Jack
to adopt Resolution No. PC 2007-0046 approving Conditional
Use Permit 2003-0092 subject to the findings, conditions and
exhibits as attached.
Motion passed 5:0 by a roll -call vote.
3. 2006 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
Deputy Public Works Director David Athey gave the staff report and answered
questions of the Commission.
PUBLIC COMMENT — None
Commissioner Jack recommended the City Council seriously look at the unfunded,
deferred maintenance projects in the parks system.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Jack to adopt Resolution PC 2007-0045 notifying the City
Council that the Planning Commission has found the 2007
Five -Year Capital Improvement Program consistent with the
General Plan, based on findings.
Motion passed 5:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Jack announced he attended the Smart Growth Conference in
Templeton and suggested there be a presentation or workshop for the Commission to
help educate the public on smart growth.
Community Development Director Warren Frace remarked that getting public support is
key to getting this implemented, and staff can look into what can be done to educate the
public as to smart growth concepts and how they apply to Atascadero.
Commissioner Heatherington asked if staff had learned the name of the illegal grader
on the Vista Road project.
Director Frace said he spoke with geotechnical firm and they acknowledged they hired
the contractor and were ultimately responsible. Staff does not have the name of the
individual driving the bulldozer; however the firm is now clear on what the rules are.
Vice Chairperson Fonzi asked about the excessive banners at Highway 41 and EI
Camino Real. Director Frace state he would speak with code enforcement about the
issue.
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Chairperson O'Keefe commented that the sandwich sign out front of Mobley's on the
Traffic Way sidewalk, which doesn't appear to meet the requirements. Director Frace
stated he would look into it.
Chairperson O'Keefe reported that Commissioner O'Grady had asked that the 5 -year
Capital Improvement Program be continued.
DIRECTOR'S REPORT
Community Development Director Warren Frace reviewed the agenda for the next
Commission meeting and answered questions of the Commission.
ADJOURNMENT
Chairperson O'Keefe adjourned the meeting at 10:12 p.m. to the next regularly
scheduled meeting of the Planning Commission on June 19, 2007.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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