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HomeMy WebLinkAboutPC Minutes 08-19-08CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, August 19, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Marks, Moreno, O'Grady, O'Keefe, Jack, and Chairperson Fonzi Absent: None Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Senior Planner Kelly Gleason, Associate Planner Callie Taylor, Planning Intern Scott Kaiser, and City Engineer / Public Works Director Steve Kahn. APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Commissioner Moreno to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None. PC Minutes 08/19/08 Page 1 of 10 PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Marks stated he visited sites on Items 4, 5 and 6. • Commissioner Heatherington stated she visited all the sites and visited with Mr. Newlander, who is a neighbor on the Marchant Avenue project. • Commissioner Moreno stated she visited all the sites and spoke with Mr. Chambers, the applicant of the Marchant Avenue project. • Chairperson Fonzi stated she visited all the sites, but did not speak with anyone. • Vice Chairperson Jack stated he visited the sites on Items 3, 5 and 6 and, talked with Mr. Newlander. • Commissioner O'Grady stated he visited all the sites except Item 3. On Item 4, the Amapoa site, and spoke with a neighbor who commented some of the existing trees on the subject property are damaging his fence. • Commissioner O'Keefe stated she spoke with Mr. Chambers on the Marchant Avenue project. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 15, 2008. Commissioner Moreno noted on the July 15, 2008, minutes on page 4, on her comment on the economic feasibility, it was not on trying to "camouflage", but rather it was on the "economic feasibility of a study necessitating the exact height of the antennae". Chairperson Fonzi stated that John Neil mentioned in the minutes is spelled N -E -A -L; however, Commissioner O'Keefe thought it was N -E -I -L. Chairperson Fonzi asked staff to clarify the correct spelling. MOTION: By Commissioner Marks seconded by Commissioner O'Grady to approve the July 15, 2008, Minutes of the Regular Planning Commission Meeting as corrected. Motion passes 6:0 on a roll -call vote (Commissioner Heatherington abstained.) PC Minutes 08/19/08 Page 2 of 10 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 5, 2008. MOTION: By Commissioner Moreno seconded by Commissioner Marks to approve the August 5, 2008, Minutes of the Regular Planning Commission Meeting. Motion passes 7:0 on a roll -call vote. 3. PLN 2008-1277/TREE REMOVAL PERMIT FOR 10560 SAN MARCOS ROAD Property Owner: Patricia Kutzmann, 45220 Parkmeadow Dr., Fremont, CA 94539 Certified Arborist: A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2008-1277/TRP 2008-0118 Tree Removal Project Location: 10560 San Marcos Road, Atascadero, CA 93422 APN 055-041-013 (San Luis Obispo County) Project Description: The proposed project consists of a request to remove one (1) Blue Oak totaling 38 inches DBH. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Deputy Community Development Director Steve McHarris introduced Planning Intern Scott Kaiser, who presented the staff report and answered questions of the Commission. PUBLIC COMMENT Steven Alvarez, A & T Arborists, stated the slope of the lot made it difficult to plan around the trees. Mr. Alvarez appeared on behalf of the applicant and answered questions of the Commission. Chairperson Fonzi closed the public comment period. MOTION: By Commissioner O'Keefe seconded by Commissioner Marks to approve Resolution No. PC 2008-0042 to allow the removal of one blue oak totaling 38 inches DBH subject to conditions of mitigation consistent with the Atascadero Native Tree Ordinance. Motion passed 7:0 on a roll -call vote. PC Minutes 08/19/08 Page 3 of 10 PUBLIC HEARINGS 4. PLN 2008-1302, WEST FRONT VILLAGE (PD -23) (CUP 2003-0108 / TTM 2003-0035) AMENDMENT OF CIRCULATION CONDITION #35. Owner/Applicant: City of Atascadero Public Works Department, 6907 EI Camino Real, Atascadero Project Title: PLN 2008-1302, Amendment to CUP 2003-0108 / TTM 2003-0035 (PD -23) Project Location: 9000 West Front Road, Atascadero, CA 93422 APN 056-131-021 (San Luis Obispo County) Project Description: The proposed application is a request by the City Engineer to amend conditions of approval (CUP condition #35 / TTM condition #32) related to installation of a median in Santa Rosa Road at West Front as traffic mitigation for the West Front Village Project. General Plan Designation: General Commercial Zoning District: Commercial Retail / PD -23 Proposed Consistent with previously certified Mitigated Negative Declaration. Environmental Determination: Senior Planner Kelly Gleason and Public Works Director/City Engineer Steve Kahn gave the staff report and answered questions of the Commission. PUBLIC COMMENT Toni Paradise, Old Santa Rosa Road, pointed out there is an elementary school on Santa Rosa Road and when school starts, the level of traffic increases. The issue is the heavy traffic on Old Santa Rosa Road. Barbara Sims stated the light system is too long and does not allow traffic to flow. Currently, you are pushed up against the curb and you cannot see the light. She indicated this was to have had a bump -out and this has not been fixed. Alana Reynolds spoke about the fire station on West Front indicating the road is narrow and two large trucks cannot pass each other. Chairperson Fonzi closed the public comment period. Chairperson Fonzi asked staff about the speed on Old Santa Rosa Road. City Engineer / Public Works Director Steve Kahn stated this project will not impact speed near the school but east -bound traffic would have a signal ahead of them and may go faster than if they had a stop sign. Chairperson Fonzi asked about Barbara Sims' concern on the light cycles and City Engineer / Public Works Director Steve Kahn agreed at times there are vehicles that turn left and block traffic causing delay, but traffic engineers felt the permissive left would not override those vehicles turning left. The traffic engineers felt it would lower PC Minutes 08/19/08 Page 4 of 10 the level of service because the bridge deck is too small for the storage of vehicles and your delay would be longer. Mr. Kahn stated they plan to take the area in the middle of the road and move it to the side of the road and allow vehicles to stack farther away from the signal, thereby allowing them better view of the signals. Chairperson Fonzi asked about Alana Reynolds' concern about the street being too narrow for two large trucks to pass on Santa Rosa Road near the fire station. City Engineer / Public Works Director Steve Kahn stated he spoke with the Atascadero Fire Chief who noted that when they have calls on the west side of town, they do not use Old Santa Rosa Road because it is so narrow, but rather use San Rafael and San Gabriel. Commissioner O'Grady asked about the on lighting cycles. City Engineer / Public Works Director Steve Kahn indicated the signals are not THAT sophisticated as they can only tell there is a vehicle there, but not that the vehicle wants to turn left or not. Commissioner O'Keefe asked about the small left- turn pocket turning left onto Highway 101, and if it could accommodate a semi -truck as they would be half in and half out, blocking traffic. City Engineer / Public Works Director Steve Kahn agreed a large truck would block vehicles behind them until they were able to make a left turn. Commissioner Heatherington asked whether the City has a Plan "B" and "C" as she can foresee future problems. City Engineer / Public Works Director Steve Kahn does not see this solution causing another problem. Chairperson Fonzi asked if a fire truck returning could return to the fire station by turning in that very short left-hand turn lane without blocking traffic, and Mr. Kahn indicated it could. MOTION: By Vice Chairperson Jack seconded by Commissioner Marks to adopt Resolution PC 2008-0044 to approve Amendments to the Conditions of Approval for the West Front Village Development related to traffic mitigation at the West Front Road/Santa Rosa intersection based on findings and subject to amended Conditions of Approval. Motion passed 7:0 on a roll -call vote. 5. PLN 2007-1233, TENTATIVE TRACT MAP FOR 8391 AMAPOA AVE. Property Owners: Steve Severance, 1010 Redberry Place, Nipomo, CA 93444 Zac Missler, 1717 Singletree Ct., San Luis Obispo, CA 93405 Applicant: Truitt Vance, 6679 Morro Road, Atascadero, CA 93422 Project Title: PLN 2007-1233, Tentative Tract Map 2007-0099 Project Location: 8391 Amapoa Ave., Atascadero, CA 93422 APN 031-241-019 (San Luis Obispo County) Project Description: The project consists of a proposed condominium map to create six (6) airspace units on one common lot. The property is currently vacant. General Plan Designation: High Density Residential HDR PC Minutes 08/19/08 Page 5 of 10 Associate Planner Callie Taylor and gave the staff report and Ms. Taylor and City Engineer / Public Works Director Steve Kahn answered questions of the Commission. PUBLIC COMMENT Truitt Vance, applicant, answered questions of the Commission regarding the selection of paver type and drainage as well as larger windows on the street -facing side of the building. He answered questions regarding whether clotheslines are allowed, but he said the homeowner association's CC&Rs are boilerplate and do not address clotheslines, but it could be written into the HOA rules to allow them. Alana Reynolds asked how the length of the setback in rear of property. Chairperson Fonzi closed the public comment period. Chairperson Fonzi asked Associate Planner Callie Taylor about the length of the rear setback. Staff indicated it is 10 feet, which is standard for a multi -family setback. Commissioner O'Grady stated he supports larger windows on the street side of the project. Commissioner O'Keefe would like to see the use of clotheslines allowed and written into the CC&Rs. Commissioner Marks asked if applicant would work with staff on larger windows on both top and bottom, and applicant indicate he would. MOTION: By Vice Chairperson Jack seconded by Commissioner Heatherington to adopt Resolution PC 2008-0041 approving Tentative Tract Map 2007-0099 (PLN 2007-1233), to establish six airspace condominium units on one common lot, based on findings and subject to the following conditions: Condition 1: Windows on both levels of building C on the Amapoa Street -facing side of the building are to be enlarged with the size left up to staff and the applicant; and Condition 2: Clotheslines will be allowed in the back yards and provided for in the CC&Rs. Motion passed 7:0 on a roll -call vote. PC Minutes 08/19/08 Page 6 of 10 Zoning District: Residential Multi -family -16 (RMF -16) Proposed Categorical Exemption: Class 3 (New construction or conversion of small Environmental structures) and Class 32 (infill development projects) Determination: Associate Planner Callie Taylor and gave the staff report and Ms. Taylor and City Engineer / Public Works Director Steve Kahn answered questions of the Commission. PUBLIC COMMENT Truitt Vance, applicant, answered questions of the Commission regarding the selection of paver type and drainage as well as larger windows on the street -facing side of the building. He answered questions regarding whether clotheslines are allowed, but he said the homeowner association's CC&Rs are boilerplate and do not address clotheslines, but it could be written into the HOA rules to allow them. Alana Reynolds asked how the length of the setback in rear of property. Chairperson Fonzi closed the public comment period. Chairperson Fonzi asked Associate Planner Callie Taylor about the length of the rear setback. Staff indicated it is 10 feet, which is standard for a multi -family setback. Commissioner O'Grady stated he supports larger windows on the street side of the project. Commissioner O'Keefe would like to see the use of clotheslines allowed and written into the CC&Rs. Commissioner Marks asked if applicant would work with staff on larger windows on both top and bottom, and applicant indicate he would. MOTION: By Vice Chairperson Jack seconded by Commissioner Heatherington to adopt Resolution PC 2008-0041 approving Tentative Tract Map 2007-0099 (PLN 2007-1233), to establish six airspace condominium units on one common lot, based on findings and subject to the following conditions: Condition 1: Windows on both levels of building C on the Amapoa Street -facing side of the building are to be enlarged with the size left up to staff and the applicant; and Condition 2: Clotheslines will be allowed in the back yards and provided for in the CC&Rs. Motion passed 7:0 on a roll -call vote. PC Minutes 08/19/08 Page 6 of 10 6. PLN 2008-1301, VARIANCE FOR 8100 MARCHANT AVENUE Property Owner: David Chambers, 8100 Marchant Ave., Atascadero, CA 93422 Project Title: PLN 2008-1301/VAR 2008-0014 Project Location: 8100 Marchant Ave., Atascadero, CA 93422 APN 031-261-015 (San Luis Obispo County) Project Description: The proposed project consists of a Variance application to construct a residential addition within the front setback. The addition is proposed approximately 5 feet from the edge of the right-of-way, and approximately 25 feet from the edge of pavement. General Plan Designation: Single Family Residential -Y (SFR -Y) Zoning District: Residential Single Family -Y (RSF-Y) Proposed Categorical Exemption, Section 15305, Minor Alterations in Land Use Environmental Limitations. Determination: Associate Planner Callie Taylor gave the staff report and Ms. Taylor, City Engineer / Public Works Director Steve Kahn, and Community Development Director Warren Frace answered questions of the Commission. PUBLIC COMMENT David Chambers, applicant/owner, addressed the Commission and answered questions. Applicant indicated the neighbors are supportive of the project. Vaughn Newlander stated he has been a neighbor of the applicant since 1961, and has no qualm with the original proposal and with the retaining wall the applicant has built, and the encroachment is satisfactory. He stated a 23 -foot wide building is inadequate and believes the applicant should be granted a larger, 27 -foot wide building variance. Chairperson Fonzi closed the public comment period. Commissioner O'Grady asked about the setback variance, and staff indicated the 5 -foot setback must be met. Commissioner O'Grady asked if a Lot -Line Adjustment that would maintain the integrity of this City's setbacks in order to facilitate this request is possible. Staff indicated they could do a Lot -Line Adjustment, but it would have to be and equal-area exchange. Commissioner Marks stated this project will not make the situation worse, and sees no problem. Commissioner O'Grady stated that staff states on page 129 that the addition is being proposed parallel to the existing residence and would not encroach any further to the street than the existing residence does. The problem is that the language on Condition PC Minutes 08/19/08 Page 7 of 10 4 does not say that, and he asked that Condition 4 be changed to state "that new addition shall not encroach further towards the street beyond a straight-line extension of the front line of the front wall of the house. Addition shall be construction consistent with Exhibit B." MOTION: By Commissioner O'Keefe seconded by Chairperson Fonzi to approve Resolution PC 2008-0043 approving PLN 2008-1301, VAR 2008-0014, allowing an addition within the front setback of a residential -zoned property, based on findings and subject to Conditions of Approval with modification in condition No. 4 to eliminate first sentence "a minimum 5 -foot setback shall be maintained from the right-of-way," and adding "that the new addition shall not encroach further towards the street beyond a straight-line extension of the front wall of the house. Addition shall be constructed consistent with Exhibit B." Motion passed 7:0 on a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady asked about the long-term storage of light poles Highway 41 East of San Gabriel Road, who they belong to, and how long will they be there. Staff will contact Caltrans to see if they can be moved. Commissioner O'Grady remarked on the need for some sort of policy as to when a survey is necessary. Community Development Director Warren Frace indicated that it was not within the Commission's scope although they can clearly make recommendations; but he further indicated adding blanket survey requirements to every project would add unnecessary paperwork and slow down projects. Staff does have the discretion to call for a survey and that seems to be adequate and keeps costs down. Commissioner Heatherington asked if new development would not put us in this situation, and staff indicated most new projects would not, but existing structures may cause staff to request the survey. Commissioner Heatherington suggested that rather than doing the Lot -Line Adjustment, could the applicant just have flipped the building to part of the addition extended out toward the back. Staff indicated that would be the easiest solution. Commissioner Heatherington asked staff when we approve a tree cutting for a house, if the Commission could condition the project so the tree does not come out until the house is actually built. Staff indicated this could be added as a condition, but they typically do not do so because tree cutting is usually tied to the grading costs. PC Minutes 08/19/08 Page 8 of 10 DIRECTOR'S REPORT Community Development Director Warren Frace gave a short report and highlighted the following points: • The issue of drive-throughs was agendized at the last City Council meeting, but they did not get to this item, which will be continued to September 9, 2008. • He provided the Commissioners with a copy of the memorandum to the City Council on Pathways and Trails, which is basically an informational item, and not officially adopted at this point in time. • In regard to the Eagle Ranch Specific Plan, staff is working on scheduling a meeting for September and will notice residents within a mile. This will be a noticed public meeting of the Planning Commission, Parks Commission and City Council, but there will be no action taken. • As for the Wal-Mart project, staff is still working with both Wal-Mart and the Rottman group to get their project description nailed down for the EIR proposals. • As for the Rite Aid project, it appears that after one more plan check, it will be ready. • The Carl's Jr. next to Lube -N -Go has pulled their permit to start construction. • Staff has been working closely with Colony Square Theatre owner, Jim Harrison, and his architect on a slight redesign of the project for financing purposes. • The next meeting of the Planning Commission is September 2, 2008. Commissioner O'Grady asked if the request for proposals on the Wal-Mart/Rottman project will go to a pre -approved list. Mr. Frace indicated there is a long list currently prepared so the City will locate the best possible consultant available. Commissioner Heatherington asked if there has been an outreach to the Obesity task Force in San Luis Obispo County in discussions on the drive-throughs at City Council. Community Development Director Warren Frace stated there had not; however, if Commissioner Heatherington had a contact, he would pass that along to City Council. Chairperson Fonzi asked about a blanket extension for all projects not going forward granted by the City Council and what the ramifications would be of that extension. Community Development Director Warren Frace stated that this applies to permits not yet issued (in plan check or ready to issue but not yet picked up). The Municipal Code requires action be taken on these permits every 180 days or they expire. If the applicants pay outstanding plan check fees, then they would get a time extension to June 30, 2010, or 18 months. PC Minutes 08/19/08 Page 9 of 10 ADJOURNMENT Chairperson Fonzi adjourned the meeting at 8:58 p.m. to the next regularly scheduled meeting of the Planning Commission on September 2, 2008. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 08\PC Minutes 08-19-08.sa.docm PC Minutes 08/19/08 Page 10 of 10