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Home My WebLink AboutPC Minutes 06-19-07CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, June 19, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Marks 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, and Associate Planner Kerry Margason. Chairperson O'Keefe read the decorum guidelines. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Vice Chairperson Fonzi to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Minutes 06/19/07 Page 1 of 6 DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner Marks stated he visited the Mission Oaks site. ■ Vice Chairperson Fonzi stated she had visited all sites on the agenda. ■ Chairperson O'Keefe stated she visited all sites but did not speak to any of the applicants. Chairperson O'Keefe stated for the record that Commissioners do not have to reveal or state anything when they visit a site. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 5, 2007. 2. PLN 2099-0060, 8765 SAN RAFAEL ROAD owneeAppiicant: Robert S. & Tamara Hendricks, 9811 Atascadero Ave., Atascadero, CA 93422 Project Title: PLN 2099-0060, Amendment to Tentative Tract Map 2002-0023 Project 8765 San Rafael Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-362-004 Project The proposed project consists of an application to amend the "no build" area on Lot 4 of Description: Tract 2491 to facilitate a driveway of less than 20% slope and reduce impacts to native trees. General Plan Designation: RE (Rural Estate) Zoning District: RS (Residential Suburban with a minimum lot size of 2.78 to 3.034 acres gross) Proposed Environmental Consistent with previously Certified Negative Declaration 2003-0033. Determination: Items pulled: Chairperson O'Keefe, Item #2. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to approve Items # 1 and 3 Motion passed 5:0 by a roll -call vote. (O'Grady, Marks abstained) Vice Chairperson Fonzi and Commissioner Jack agreed to withdraw the motion and reopen Item #3. PC Minutes 06/19/07 Page 2 of 6 Item #2: Chairperson O'Keefe questioned why this was on the consent calendar. Associate Planner Kerry Margason explained that when the item was originally scheduled, staff anticipated a full agenda and thought the proper place for the item was on the consent agenda. Ms. Margason answered questions of the Commission. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner O'Grady to approve Item # 2. Motion passed 7:0 by a roll -call vote. MOTION: By Commissioner Heatherington and seconded by Vice Chairperson Fonzi to approve Item #1. Motion passed 5:0 by a roll -call vote. (Marks, O'Grady abstained) 3. PLANNING COMMISSION TIME EXTENSION ON TTM 2005-0071, PLN 2099- 0904, 6901 & 6905 EL CAMINO REAL (HARRISON) Item #3: Commissioner O'Grady asked for an update on Colony Square. PUBLIC COMMENT Jim Harrison, applicant, gave an update on the Colony Square project and stated the main delay had to do with a reevaluation of the soils and structural engineering. He explained the project would be completed in evolving phases, constructing one part before moving on to another, and estimated it would take 2 '/2 to 3 years to complete the project at this point. Mr. Harrison answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to approve Item #3. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 4. PLN 2007-1213, TREE REMOVAL PERMIT 2007-0105, 2300 EL CAMINO REAL Owners: 197 Property Investments, LLC, Mission Oaks, LLC, 505 Higuera St. Ste. 105, San Luis Obispo, CA 93401 Certified Elder & Elder Ltd., 1207 Grassy Hollow Way, Paso Robles, CA 93446 Arborist: PC Minutes 06/19/07 Page 3 of 6 Project Title: PLN 2007-1213/TRP 2007-0105 Project 2300 EI Camino Real, Atascadero, CA 93422 Location: San Luis Obispo, CA (APN 049-141-056) Project A request to remove one 29" Coast Live Oak (Quercus Agrifolia) that is in "good" Description: condition. The reason for removal is to expanded the parking lot to accommodate additional parking. Deputy Community Development Director Steve McHarris gave the staff report. PUBLIC COMMENT Carol Florence, principal planner representing the applicant, explained the reasons for the request and asked for a modification to the mitigations to provide 10, 15 gallon trees rather than 5 gallon trees, and allowing the applicant to donate those trees to a city park or another project in the city rather than planting on site. Ms. Florence answered questions of the Commission and stated if it were more appropriate the applicant would pay mitigation fees for the tree removal. Tom Murrell, co-owner of the shopping center, gave a brief history of the center, its declining sales tax revenue, his efforts to revitalize the center and the reason for requesting the tree removal, which was to provide additional parking in front of a potential candidate's store. Mr. Murrell answered questions of the Commission. Ann Fletcher commented that the area where the tree is located could be considered an asset to the center, and made several suggestions including installation of benches for eating or waiting, and bike racks to encourage bicycling. Chairperson O'Keefe closed the Public Comment period. Commissioner Heatherington stated she could not support cutting a tree for providing parking spaces, and expressed disappointment that the proposed tenant would not consider coming to this site because of a tree. MOTION: By Commissioner O'Grady and seconded by Commissioner Slane finding that the tree is interfering with needed additional parking and therefore adopts PC Resolution 2007-0055 to approve the request to remove one (1) 29" dbh native oak tree subject to findings and conditions of approval, and that the tree is removed contingent upon the removal facilitating additional parking, and that bike racks be added. Motion passed 5:1 by a roll -call vote. (Heatherington opposed, O'Keefe abstained) PC Minutes 06/19/07 Page 4 of 6 PUBLIC HEARINGS 5. TO BE CONTINUED TO A DATE UNCERTAIN PLN 2099-1002, 5190 PORTOLA ROAD Owner/Applicant: Ed Nolan 5190 Portola Rd, Atascadero, CA 93422 Project Title: PLN 2099-1002 / ZCH: 2004-0091 / CUP 2004-0140 / TPM 2004-0057 Project 5190 Portola Road, Atascadero, CA 93422 Location: San Luis Obispo County APN 054-051-021 Project The proposed project consists of an application for a Planned Development 16 to split a 3.02 Description: gross acres lot with an existing single family residence into two lots. One lot would be 1.52 gross acres and the other would be 1.50 gross acres. Also, located on the 1.50 acres lot, the project proposes a new, 2205 square foot single-family residence. The project proposes approximately 8,418 square feet of open space. General Plan Designation: Single Family Residential (SFR -Z) Zoning District: Residential Single Family (RSF-Z) 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 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday Determination: through Friday. COMMISSIONER COMMENTS AND REPORTS Commissioner Heatherington commented that there had been a lot of press lately about development fees and those who owe money and asked staff to give a rundown on how fees are tracked. Chairperson O'Keefe asked for clarification on the issue of age requirements in the De Anza Estates project. Community Development Director Warren Frace explained that the De Anza Estates project was approved in 2003 as a planned development subdivision and included a senior cottage project of 60 individual detached units, deed restricted to occupants of 55 years and older. The developer, Kelly Gearhart, applied for 60 separate building permits, and all were issued individually over a period of 1 year. The City has a provision that allows developers to ask to defer the fees. On this project the total fees were approximately $13,500 per dwelling unit, and the developer was allowed to defer the fees on all 60 units to finalization of the permit. Five units were finaled, the deferred fees paid, and the people moved in. The developer requested an extension on the permits for the remaining units as sales were slow. This request was granted and the permits were valid to Aug 14th, 2007. In early May staff received information that people were moving into the project, despite the majority of the permits not being finaled. Inspectors verified through a visual inspection that people had moved in, and estimated that 44 units were possibly occupied. A letter was sent to the developer on May 8th PC Minutes 06/19/07 Page 5 of 6 requesting final inspections and payment of outstanding capital facility fees. The developer contacted staff the following week and requested an extension to procure the funds for the capital facility fees and final the project. The City Attorney then sent the developer a letter granting the extension on the basis that the $409,500 in outstanding capital facility fees were due before the project was finaled. The fee amount became an issue because staff was uncertain how many units were actually occupied. Since that time staff had double checked the fees and the original calculation was correct, however the developer did not owe the entire amount on the date specified in the letter from the City Attorney. Regarding verification of the age of the occupants, staff has been in contact with the applicant and the City Attorney is working with developer's attorney on a mechanism to verify the ages of all the occupants in the project. Chairperson O'Keefe expressed concern that those who moved into the homes in the De Anza project had paid a deposit and if they are not 55 and older they will have to move and might not get their deposit back. She suggested it would be appropriate that there be a report written to clarify the issue for the public, and stated the City should have a mechanism in place for tracking this type of development. Commissioner Heatherington asked if staff could work with those who provide propane to deny hook up until the final permit has been issued. Director Frace stated that staff is looking into that possibility. DIRECTOR'S REPORT Community Development Director Warren Frace reminded the Commission that their next meeting is July 17th, and reviewed the agenda for that meeting. Public Works Director Steve Kahn announced that a town hall meeting is planned for July 31St, with participation by the City Council, Planning Commission, Parks and Recreation Commission, and the public and will provide an overview of the streetscape project. Director Kahn answered questions of the Commission. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 8:44 p.m. to the next regularly scheduled meeting of the Planning Commission on July 17, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 07\PC Minutes 06-19-07.gp.doc PC Minutes 06/19/07 Page 6 of 6