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HomeMy WebLinkAboutPC Minutes 01-15-08CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, January 15, 2008 — 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 Callie Taylor. Chairperson O'Keefe read the decorum guidelines. PLANNING COMMISSION BUSINESS Commissioner O'Grady spoke about the Conditional Use Permit approved at the last meeting for a drive through restaurant on EI Camino Real, and read from the January 16, 2007 staff report for the site clarifying that a drive through had not been approved at that time. Commissioner O'Grady suggested that the Commission's decision on the drive through could be reconsidered in light of the information he provided and asked if the prevailing Commissioners would be interested in reconsidering this decision. The PC Minutes 01/15/08 Page 1 of 8 prevailing Commissioners chose not to move for a reconsideration of their prior decision. APPROVAL OF 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: Commissioner Marks stated he visited the sites for Items #2, 4, and 5, but did not talk with anyone. Chairperson O'Keefe stated that when she went to the site for Item #2 the applicants were at home and she spoke with them. Commissioner O'Grady stated he tried to get background information regarding the prior Council direction on Item #5 and spoke with Mayor Brennler and Mayor Pro Tem Beraud. PUBLIC COMMENT Orem CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 18, 2007. 2. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2004-0065, 6910 NAVAJOA AVE., (YOUNG/VAUGHN) MOTION: By Commissioner Heatherington and seconded by Commissioner Marks to approve Items # 1 and 2. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PC Minutes 01/15/08 Page 2 of 8 PUBLIC HEARINGS 3. PLN 2007-1262, CONDITIONAL USE PERMIT, 13765 MORRO ROAD Owner- James W. Smith, Midstate Properties, 1320 Archer St., San Luis Obispo, CA 93401 Applicant: Kristen M. Silva, 13765 Old Morro Rd., Atascadero, CA 93422 Project Title: PLN 2007-1262/CUP 2007-0222 Project Location: 13765 Old Morro Road, Atascadero, CA 93422 (San Luis Obispo County) APN 055-311-018 Project An application for a Conditional Use Permit to establish a dog kennel within an existing Description: residence. The application includes dog runs and kennels for the purpose of selling puppies. All facilities are existing and there will not be any additional construction. Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kristen Silva, applicant, explained why she was requesting the Use Permit, and answered questions of the Commission. Brandon Silva, applicant, answered questions of the Commission. Tony Merrill, neighbor to this site, spoke in support of the applicants and their project. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Jack and seconded by Commissioner Marks to adopt Resolution PC 2008-0002 approving Minor Conditional Use Permit 2007-0222 based on findings and subject to Conditions of Approval. Motion passed 7:0 by a roll -call vote. 4. PLN 2007-1271, CONDITIONAL USE PERMIT AMENDMENT, 5000 SAN PALO Owner: San Palo Partners, LLC c/o Ogden & Fricks, LLP, 656 Santa Rosa Street, 2" Floor, San Luis Obispo, CA 93401 Applicant: Bill Royer, 1375 Lincoln Lane, Lemoore, CA 93245 Project Title- PLN 2007-1271/CUP Amendment for CUP 1999-002 Project Location• 5000 San Palo Road, Atascadero, CA 93422 PC Minutes 01/15/08 Page 3 of 8 Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Bill Royer, applicant, explained why he was requesting the amendment and answered questions of the Commission. Richard Shannon stated he had been working with the applicant for the past year and that this site is highly suitable for this business, which would be an asset for the community. Joanne Main, President/CEO Chamber of Commerce, expressed her support for this process and for the applicant. Chairperson O'Keefe closed the Public Comment period. There was Commission discussion regarding the other allowed uses for this site. PUBLIC COMMENT Bill Royer clarified issues raised during the Commission's discussions and answered their questions. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Slane to adopt Resolution PC 2008-0003 approving PLN 2007- 1271 based on findings and subject to Conditions of Approval, and that "sales lots" consist of any outdoor sales area for permanent display of boats, and recreational and/or utility boat trailers. Motion passed 7:0 by a roll -call vote. PC Minutes 01/15/08 Page 4 of 8 (San Luis Obispo County) APN 049-225-008 Project An application for an Amendment to Conditional Use Permit 1999-002 to allow Description: sales and service of boats on a site currently approved and developed for automobile sales. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Bill Royer, applicant, explained why he was requesting the amendment and answered questions of the Commission. Richard Shannon stated he had been working with the applicant for the past year and that this site is highly suitable for this business, which would be an asset for the community. Joanne Main, President/CEO Chamber of Commerce, expressed her support for this process and for the applicant. Chairperson O'Keefe closed the Public Comment period. There was Commission discussion regarding the other allowed uses for this site. PUBLIC COMMENT Bill Royer clarified issues raised during the Commission's discussions and answered their questions. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Slane to adopt Resolution PC 2008-0003 approving PLN 2007- 1271 based on findings and subject to Conditions of Approval, and that "sales lots" consist of any outdoor sales area for permanent display of boats, and recreational and/or utility boat trailers. Motion passed 7:0 by a roll -call vote. PC Minutes 01/15/08 Page 4 of 8 5. PLN 2007-1197, PLN 2007-1243, PLN 2007-1251, 6905 NAVAJOA AVE. PLANNED DEVELOPMENT Owners: Lot 1: Atascadero Homeowners, LLC, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Lots 2 & 3: MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423 Applicants: General Plan Amendment: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Planned Development Project: Adamski, Moroski, Madden & Green, LLP, P.O. Box 3835, San Luis Obispo, CA 93403 Project Title: PLN 2007-1243 / PLN 2007-1251/ PLN 2007-1197 General Plan Amendment for Atascadero Avenue 11 -Unit Residential Planned Development Project Location: 6905 Navajoa Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 030-283-005; Lots 1, 2, and 3 Project The project consists of an application for a City initiated General Plan Text Description: Amendment, Land Use Diagram Amendment, and Zoning Map Amendment. The project site is approximately 1.9 acres and consists of three parcels. The General Plan Land Use designation on Lot 1 would be changed from Recreation to High Density Residential. Currently, the General Plan requires that the project site be developed with a Master Plan of Development, including a minimum'/2 acre park on Lot 1. This application proposes to amend the Master Plan of Development to remove the requirement for a '/2 acre park, and allow two residential units on Lot 1. Two separate applications have been submitted for the development of the parcels. 1. Lot 1: A PD -7 Overlay is proposed on Lot 1. A Parcel Map is included which proposes to create three parcels, two of which will be developed with single-family residences, and the third is proposed as a private park. 2.) Lots 2 & 3: The project proposes a PD -7 Overlay with nine single-family units. The project includes a tree removal application for 8 Black Walnuts, totaling 310 inches DBH. Lot sizes in both projects range from 5700-8700 sq. ft. The residences are proposed at approximately 1567 sq. ft. with two -car garages. A total of 4,040 cu. yards of fill will be required to develop the 11 units. Drainage basins are incorporated into the site plan and the residences would connect to City sewer. General Plan Designation: High Density Residential (HDR) & Recreation (REC) Zoning District: Residential Multi -Family -16 (RMF -16) & Recreation (L) Proposed Based on the Initial Study prepared for the project, a Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from Determination: December 27, 2007 through January 15, 2008 at 6907 EI Camino Real, Community Development Department, from 8 a.m. to 5 p.m., Monday through Friday. Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ty Green, applicant's representative, stated there would be no homeowners association for this project, spoke about the buffer area, and explained why the original park idea has gone away. Mr. Green answered questions of the Commission. Kelly Gearhart, applicant, answered questions of the Commission. PC Minutes 01/15/08 Page 5 of 8 Sharon Turner stated her support for the development of this site and asked several questions regarding traffic safety, the need for stop signs to slow traffic, noise buffers and the fence proposed for the site. Brian Newsome expressed concern regarding the corner of the landscape buffer and the drainage at that site. Mr. Newsome asked for a condition that the drainage in the area be looked at seriously. Kelly Gearhart addressed traffic and drainage issues raised by the previous speakers. Sharon Turner asked about a homeowners association for the project and if the road could be paved on all three sides. Chairperson O'Keefe closed the Public Comment period. City Engineer Steve Kahn addressed issues raised during the Public Comment period. Commissioner Heatherington stated she had a hard time getting past 1/10 of an acre not being for the public, and questioned if it would be a gift of public funds. Community Development Director Frace stated this was not a gift of public funds and explained the requirement under the city's ordinances and sub division map act. Commissioner O'Grady spoke of the vision of the General Plan and stated the elimination of the public park at this location is a cut to that plan. He commented that the benefits of this project were dubious and was concerned with the slow housing market at this time and its affect on this project. In addition he stated that given the amount of money the Council has been authorizing for consultants, the maintenance costs for this park was not a burden; rather it was a question of priorities. Chairperson O'Keefe recessed the hearing at 9:25 p.m. Chairperson O'Keefe called the meeting back to order at 9:30 p.m. MOTION: By Commissioner Slane and seconded by Commissioner Jack to adopt Resolution PC 2008-0004 recommending that the City Council certify Proposed Mitigated Negative Declaration 2007- 0027; and, adopt Resolution PC 2008-0005 recommending that the City Council approve General Plan Amendment 2007-0019, amending the development requirements identified in General Plan Table 11-5, Master Plan of Development Overlay #12: "Atascadero Avenue Triangle," and changing the General Plan Land Use Designation on Lot 1 of APN 030-283-005 from Recreation (REC) to High Density Residential (HDR); and, adopt Resolution PC 2008-0006 recommending that the City PC Minutes 01/15/08 Page 6 of 8 Council introduce an Ordinance for first reading by title only, to approve Zoning Map Amendment 2007-0140, changing the Atascadero Municipal Code Zoning Designation on Lot 1 of AON 030-283-005 from Recreation (L) to Residential Multi- family, with 16 units per acre (RMF -16); and, adopt Resolution PC 2008-0007 recommending that the City Council introduce an Ordinance for first reading by title only, to approve Zone Change 2007-0145 to allow a 9 -unit PD -7 and Zone Change 2007-0146 to allow a 2 -unit PD -7 based on findings; and, adopt Resolution PC 2008-0008 recommending that the City Council approve Conditional Use Permit 2007-0208 (Master Plan of Development for 9 -unit PD -7) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2008-0009 recommending that the City Council approve Tentative Tract Map 2007-0101 to create nine parcels on Lots 2 and 3, based on findings and subject to Conditions of Approval and Mitigation Monitoring. Adopt Resolution PC 2008-0010 recommending that the City Council approve Conditional Use Permit 2007-0219 (Master Plan of Development for 2 -unit PD -7 and private park) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2008-0011 recommending that the City Council approve Tentative Parcel Map 2007-0091 to create three parcels on Lot 1, based on findings and subject to Conditions of Approval and Mitigation Monitoring. The following changes will be made to the conditions: 1. A traffic warrant study to be done concerning Atascadero Avenue and San Andreas streets and how traffic impacts that. 2. Reduce the fence size of the buffer zone to five foot. 3. Accept the staff recommendations for the change of colors and architecture 4. Conditions No. 9, of both the Master Plan of Development and Map shall read: All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The bulleted list to remain unchanged. 5. Conditions No. 10 of both the Master Plan of Development and Map shall read: The private open space feature at the corner of Atascadero Avenue and San Andreas shall be maintained and owned by the property owner. All landscape shall be maintained in good condition and the site shall be kept free of litter and graffiti. Motion passed 5:2 by a roll -call vote. (O'Grady, Heatherington opposed) PC Minutes 01/15/08 Page 7 of 8 COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Fonzi asked if the Eagle Ranch workshop would be recorded. Community Development Director Warren Frace explained that the workshop was completely developer/applicant driven and he did not know if it would be recorded or if notes would be available. Commissioner Marks questioned how many Commissioners would be present for the February 5th meeting as it falls on Election Day. It was determined there would be sufficient Commissioners present for the meeting. Director Frace reviewed the agenda for the next meeting. There was Commission consensus that the election for Commission Chair and Vice Chair would be held at the second meeting in February. DIRECTOR'S REPORT Community Development Director Warren Frace announced that the neighborhood meeting for the Eagle Ranch project would be held on Thursday, 6:30 p.m. at the Lake Pavilion. Director Frace distributed a matrix on all uses within the zoning ordinance and asked the Commission to review the information and forward input to staff. There will be a Planning Commission workshop in Los Angeles in March sponsored by UCLA; Commissioners interested in attending should inform Director Frace or Annette Manier. Director Frace gave an update on the Office Depot project at Mission Oaks and the window issue. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 9:54 p.m. to the next regularly scheduled meeting of the Planning Commission on February 5, 2008. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Minutes 01/15/08 Page 8 of 8