HomeMy WebLinkAboutPC Minutes 07-17-07CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, July 17, 2007 — 7:00 P.M.
Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner
Heatherington 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, Deputy
Community Development Director Steve McHarris, Deputy Public
Works Director David Athey, Associate Planner Kerry Margason,
Assistant Planner Callie Taylor, Planning Technician Mathew
Fawcett, and City Attorney Patrick Enright.
Chairperson O'Keefe read the decorum guidelines
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
Chairperson O'Keefe recommended that Items #4 and 5 be reversed on the agenda.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Heatherington to approve the agenda as amended.
Motion passed 7:0 by a roll -call vote.
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DISCLOSURE OF EX PARTE COMMUNICATIONS:
■ Commissioner Heatherington stated she met with Penny Rappa, Executive Director
of Habitat for Humanity and discussed the project.
■ Commissioner Marks stated he met with Penny Rappa and Paul Jaeger and visited
the other two sites on the agenda.
■ Commissioner Slane stated he met with Penny Rappa and Paul Jaeger.
■ Vice Chairperson Fonzi stated she met with Penny Rappa and Paul Jaeger, and
visited all the sites.
■ Commissioner Jack stated he met with Penny Rappa and Paul Jaeger, and visited
all the sites.
■ Commissioner O'Grady stated he met with Penny Rappa and Paul Jaeger, and
visited all the sites.
■ Chairperson O'Keefe stated she met with Penny Rappa and Paul Jaeger, and
visited all the sites.
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JUNE 19, 2007.
MOTION: By Commissioner Jack and seconded by Commissioner Marks
to approve Item #1.
Motion passed 7:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2007-1219, TREE REMOVAL PERMIT 2007-0111, 8200 EL CAMINO
REAL
Owners:
Camino-Curbaril Assoc. L.P., c/o Halftery Management, 199 S. Los Robles #840,
Pasadena, CA 91101
New Albertsons Inc., 250 Parkcenter Blvd., Boise ID 83726
Applicant•
Rainscape, A Landscape Service Company, PO Box 4132, San Luis Obispo, CA 93403
Certified Arborist•
Steve Franzmann, Greenvale Tree Co., 16515 Morro Road, Atascadero, CA 93422
Project Title:
PLN 2007-1219/TRP 2007-0111 Tree Removal
Project
Location:
8200 EI Camino Real (Albertson's Shopping Center), Atascadero, CA 93422
APN 056-031-062 (San Luis Obispo County)
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Project A request to remove one (1) Coast Live Oak tree totaling 42" inches (dbh) found to be dead
Description: by a Certified Arborist, located in a parking lot of the Albertson's Shopping Center.
Planning Technician Mathew Fawcett gave the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Albert Hummel, applicant's representative, spoke about the condition of the tree and the
reason for the request. Mr. Hummel explained why he is requesting an alternate
mitigation measure of putting in several smaller trees around the site, and answered
questions of the Commission.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner Heatherington and seconded by
Commissioner Slane to adopt Resolution PC 2007-0059 to
approve the request to remove one (1) 42" dbh Coast Live Oak
tree subject to findings and conditions of approval, with the re-
planting and mitigation being left up to the applicant and staff.
Motion passed 7:0 by a roll -call vote.
3. PLN 2006-1150 5350 ARDILLA ROAD TREE REMOVAL PERMIT AND
PRECISE PLAN
Owner/Applicant:
Rex Bennett, 26855 Montseratt Ct., Murrieta, CA 92563
Project Title:
PLN 2006-1150/Precise Plan 2006-0216/Tree Removal Permit 2007-0108
Single -Family Residence on slopes greater than 10% & Tree Removal Permit
Project
5350 Ardilla Road, Atascadero, CA 93422
(San Luis Obispo County) 030-261-019
Location:
Project
The project consists of an application to construct a 2,135 square -foot, two story single-
family residence with a 703 square -foot attached garage on an existing lot of record. The
Description:
average slope at the building site is 39%. Retaining walls have been incorporated in
order to reduce the amount of cut and fill as well as tree removals. An estimated 562
cubic yards of cut and 547 cubic yards of fill will be required. The driveway for the
residence will cross a drainage swale with a proposed culvert. 30 native Live Oaks &
Valley Oaks totaling 387 inches DBH are proposed for removal. The residence will take
access off Ardilla and connect to City sewer.
General Plan Designation: SFR -Z
Zoning District: RSF-Z
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The Certified 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.,
Determination:
Monday through Friday.
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Assistant Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Rex Bennett, applicant, spoke about the project and explained the measures he took to
keep as many oak trees as possible. Mr. Bennett answered questions of the
Commission.
Donna Clement, neighbor to this project, expressed concern regarding the tree
removals, destruction of kit fox habitat, deterioration of the base of Ardilla Road,
maintaining the natural flow of the creek, trespassing, parking, and drainage.
Steve Clement stated that rip rap would be unnatural for their area for drainage, and
commented that it is important to maintain the oaks and wildlife.
Chairperson O'Keefe closed the Public Comment period.
Chairperson O'Keefe asked staff to address issues raised during the Public Comment
period.
MOTION: By Commissioner Heatherington and seconded by Vice
Chairperson Fonzi to adopt Resolution PC 2007-0058,
certifying the Mitigated Negative Declaration and approving
the request to remove 30 Live Oaks and Blue Oaks subject to
the guidelines and mitigation required by the Atascadero
Municipal Code and Native Tree Ordinance, conditioning the
use of rounded rip rap in the culvert area, that the tree spread
sheet and map be redone to correct the tree numbers, and that
there be a designated parking area off-site for construction.
Motion passed 7:0 by a roll -call vote.
PUBLIC HEARINGS
5. PLN 2007-1201, 5440 TRAFFIC WAY, HABITAT FOR HUMANITY
Owner/Applicant:
Habitat for Humanity for San Luis Obispo County, P.O. Box 613, San Luis Obispo, CA 93406
Project Title:
PLN 2007-1201/ZCH 2007-0136, ZCH 2007-0137/CUP 2007-0209/TPM 2007-0088
Project
5440 Traffic Way, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 029-062-013
Project
The proposed project consists of an application for a Planned Development 30 to create a
Description:
small lot subdivision consisting of 4 lots on an approximately .22 acre lot with an existing
Single -Family Residence. The existing residence will be removed and two duplex buildings
will be constructed, resulting in a total of 4 living units. There are three native trees on the
project site, two of which are proposed for removal. The project will utilize City wastewater
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Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
John Rogers, President of Habitat for Humanity for San Luis Obispo County, explained
their mission and thanked the City of Atascadero and others for their support of this
project.
Penny Rappa, Executive Director Habitat for Humanity, reviewed the points she hoped
the Commission would consider in approving this project, and asked that Condition No.
7 not require them to revise their porches. Ms. Rappa answered questions of the
Commission.
Randy Ray, project architect, answered questions of the Commission.
Steven Alvarez, project arborist, answered questions of the Commission.
Marty Brown spoke in favor of the project and urged the Commission to approve Habitat
for Humanity's request.
Chairperson O'Keefe recessed the hearing at 9:04 p.m.
Chairperson O'Keefe called the meeting back to order at 9:10 p.m.
County Supervisor Jim Patterson spoke about the oaks on the property and explained
that Habitat did all it could to work around the trees. He expressed concern regarding
the tree mitigation as there may not be sufficient room on site for the replanting; he
suggested planting trees on the site where appropriate and planting the rest in public
locations. Supervisor Patterson urged the Commission to approve the project.
Ann Fletcher expressed concern that this site was too small for four family homes,
stated that Traffic Way is a dangerous street, and urged the Commission to explore the
possibility of putting in one duplex on the lot and then locate another larger lot to put two
duplexes on.
Chairperson O'Keefe closed the Public Comment period.
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facilities and will be served by Atascadero Mutual Water Company.
General Plan Designation: High Density Residential (HDR)
Zoning District: Residential Multi Family -16 (RMF -16)
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
Determination:
6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
John Rogers, President of Habitat for Humanity for San Luis Obispo County, explained
their mission and thanked the City of Atascadero and others for their support of this
project.
Penny Rappa, Executive Director Habitat for Humanity, reviewed the points she hoped
the Commission would consider in approving this project, and asked that Condition No.
7 not require them to revise their porches. Ms. Rappa answered questions of the
Commission.
Randy Ray, project architect, answered questions of the Commission.
Steven Alvarez, project arborist, answered questions of the Commission.
Marty Brown spoke in favor of the project and urged the Commission to approve Habitat
for Humanity's request.
Chairperson O'Keefe recessed the hearing at 9:04 p.m.
Chairperson O'Keefe called the meeting back to order at 9:10 p.m.
County Supervisor Jim Patterson spoke about the oaks on the property and explained
that Habitat did all it could to work around the trees. He expressed concern regarding
the tree mitigation as there may not be sufficient room on site for the replanting; he
suggested planting trees on the site where appropriate and planting the rest in public
locations. Supervisor Patterson urged the Commission to approve the project.
Ann Fletcher expressed concern that this site was too small for four family homes,
stated that Traffic Way is a dangerous street, and urged the Commission to explore the
possibility of putting in one duplex on the lot and then locate another larger lot to put two
duplexes on.
Chairperson O'Keefe closed the Public Comment period.
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Commissioner Jack stated he was supportive of the project as it is much needed in this
income level. He urged that a condition be added to the project to request the Council
address the issue of legal status for those applying for the homes. He stated that
because public money was being used to fund this project, the for -sale properties
should go to legal residents.
MOTION: By Commissioner O'Grady and seconded by Commissioner
Marks to adopt Resolution PC 2007-0060 recommending the
City Council certify Proposed Mitigated Negative Declaration
2007-0007; and, adopt Resolution PC 2007-0061
recommending the City Council introduce an ordinance for
first reading by title only, to approve Zone Text Change 2007-
0136 to establish Planned Development Overlay Zone 30; and,
adopt Resolution PC 2007-0062 recommending the City
Council introduce an ordinance for first reading by title only,
to approve Zone Map Change 2007-0137 based on findings;
and, adopt Resolution PC 2007-0063 recommending the City
Council approve Conditional Use Permit 2007-0209 (Master
Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring and revising
Condition No. 10 to read: Exhibits B through F as revised July
16th, 2007; and, adopt Resolution PC 2007-0064 recommending
the City Council approve Vesting Tentative Parcel Map 2007-
0088 (AT 07-0074) based on findings and subject to Conditions
of Approval and Mitigation Monitoring, and deleting Condition
No. 7, and modification of the landscape plan to not replant all
of the oak trees but pay the mitigation fees, and that a bench
be put around the existing oak tree.
Motion passed 6:1 by a roll -call vote. (Jack opposed)
COMMUNITY DEVELOPMENT STAFF REPORTS (cont.)
4. PLN 2006-1133 ANNUAL HOUSING REPORT
The State of California requires all cities to file an Annual Housing Report to the
Department of Housing and Community Development (HCD). The purpose of
the Housing Report is to monitor the implementation of the City's General
Plan Housing Element and progress toward meeting the City's Regional Housing
Needs Allocation (RHNA).
Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
City Attorney Patrick Enright answered questions of the Commission.
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There was further Commission discussion regarding the comments made during the last
item by Commissioner Jack regarding legal resident status for projects utilizing public
funding.
City Attorney Enright stated that when a project uses public money, the applicant must
comply with all federal and state laws.
COMMISSIONER COMMENTS AND REPORTS
Commissioner O'Grady handed out copy of an email he sent to the City Council and
City Manager requesting that the Balboa/Llano road rehabilitation be placed on the
Council Agenda as soon as possible. He asked for the Commission's support of this
item as this is the main evacuation route for that area.
Commissioner Heatherington spoke about pervious concrete and asked how to
encourage future projects to utilize this type of paver. She would like to see driveways
with pervious pavers rather than asphalt.
Commissioner Fonzi thanked Associate Planner Margason for the Housing Report.
DIRECTOR'S REPORT
COUNCIL AND COMMISSION CHAIRS MEETING UPDATE
Community Development Director Warren Frace reported on the Commission Chairs
and Vice Chairs meeting with the City Council, which will be held in early August, and
asked for items to be brought up to the Council.
Chairperson O'Keefe suggested items for inclusion be put in writing and sent to her or
Vice Chairperson Fonzi.
Community Development Director Warren Frace gave an update on the Creek Setback
Ordinance and General Plan Amendment, announced that a town hall meeting on the
streetscape plan for EI Camino Real will be held on July 31St, and reviewed the agenda
for the August 7t" Planning Commission meeting.
ADJOURNMENT
Chairperson O'Keefe adjourned the meeting at 10:19 p.m. to the next regularly
scheduled meeting of the Planning Commission on August 7, 2007.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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