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HomeMy WebLinkAboutPC Minutes 09-16-08CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, September 16, 2008 Chairperson Fonzi called the meeting to order at 7:00 p.m. Commissioner Moreno led the Pledge of Allegiance. Pr)l I rAl I Present: Commissioners Heatherington, Marks, Moreno, O'Grady, O'Keefe, Vice Chairperson Jack, and Chairperson Fonzi Absent: None Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, Senior Planner Kelly Gleason, and Deputy Public Works Director David Athey APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack, seconded by Commissioner Heatherington to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None. PC Minutes 09/16/2008 Page 1 of 7 PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS • Commissioner Marks reported visiting the site on Item #2 (Navajoa Ave.). Commissioner Jack reported visiting the Navajoa Avenue site. • Commissioner O'Grady reported visiting the Navajoa Avenue site. CONSENT CALENDAR APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 19, 2008. MOTION: By Vice Chairperson Jack seconded by Commissioner Marks to approve the August 19, 2008, Minutes of the Regular Planning Commission Meeting as corrected (top of page 8, first line, change "she" to "he"). Motion passes 7:0 on a roll -call vote. PUBLIC HEARINGS 2. PLN 2099-0960 RECONSIDERATION OF TENTATIVE TRACT MAP 2004- 0060, 7705 & 7735 NAVAJOA AVE. Property Owner: Kinsey H. Tanner, Jr., 5290 Barrenda Ave., Atascadero, CA 93422 Shawn Fragione, BS Developers LLC, 7790 Aragon Rd., Atascadero, CA 93422 Applicant: BS Developers LLC, 5290 Barrenda Ave., Atascadero, CA 93422 Project Title: PLN 2099-0960 / Reconsideration of TTM 2004-0060 Project 7705 & 7735 Navajoa Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-183-031, 031-183-032 Project The proposed project consists of a reconsideration for the previously approved Description: Tentative Tract Map 2004-0060 which includes the construction of five new detached single-family homes on individual lots that will be developed under the requirements of the Planned Development #25 Overlay District standards within the Residential Multi - Family (RMF -10) zoning district. General Plan Designation: MDR Zoning District: RMF -10 Proposed Consistent with Adopted Mitigated Negative Declaration 2005-0058. Environmental Determination: PC Minutes 09/16/2008 Page 2 of 7 Senior Planner Kelly Gleason gave the staff report. Senior Planner Kelly Gleason and Community Development Director Warren Frace answered questions of the Planning Commissioners. PUBLIC COMMENT Bud Tanner, applicant, discussed the trees on the property and answered questions of the Planning Commissioners. Chairperson Fonzi closed the public comment period. Planning Commissioner O'Keefe suggested Condition 14 be changed to "during this time period, offers may only be accepted from owner -occupied applicants" and exclude the "city residence" phrase because of the glut of housing on the market and where homeownership is the key issue, wherever the buyer comes from. Planning Commissioner Heatherington questioned whether or not there are native trees on the property, because applicant stated there are some native trees and staff clarified which trees are native. Planning Commissioner O'Grady suggested a condition that no tree removal shall commence until the start of construction except where the arborist designates non- native trees need to be removed for safety reasons; and second, no native trees shall be removed. Planning Commissioner O'Keefe stated because of the impact of the structure, the trees will not survive, but the Manzanita are bushes, not trees, and are not native. Planning Commissioner Heatherington fears removing trees before construction will create an unsightly piece of land in the neighborhood. Chairperson Fonzi agreed with Planning Commissioner O'Keefe that the property owner will look after his own best interest, which would be to keep the trees in the event he does not build the structure. Planning Commissioner Marks asked that we not exclude clotheslines in backyards from the CC&Rs. MOTION: By Vice Chairperson Jack seconded by Commissioner Marks to (1) approve Resolution No. PC 2008-0047, approving a reconsideration of Conditional Use Permit 2004-0139 based on findings and subject to conditions of approval; and (2) adopt Resolution PC 2008-0048, approving a reconsideration of Tentative Tract Map 2004-0060 based on findings and subject to conditions of approval with the following added conditions: PC Minutes 09/16/2008 Page 3 of 7 (a) 24 months rather than 12 months; (b) There be no CC&R preclusion to clotheslines in the backyards. FURTHER DISCUSSION Planning Commissioner O'Grady expressed concern over removal of trees until grading and constructions is started. Planning Commissioner Marks withdrew his second to the motion. Community Development Director Warren Frace suggested the Commission could preclude the removal of trees until the start of grading, with the exception of hazardous trees, which is consistent with the Native Tree Protection Ordinance. PUBLIC COMMENT REOPENED: Bud Tanner, applicant, stated an arborist has reviewed the property. There are two native Manzanita trees on the front of the property and some freshly planted native Sycamores that have been approved to be removed. He further stated there is an Oak tree that will remain, and a Corkscrew Willow, which is non-native, that he will attempt to keep. Chairperson Fonzi closed the public comment period. MOTION: By Vice Chairperson Jack seconded by Commissioner Marks to (1) approve Resolution No. PC 2008-0047, approving a reconsideration of Conditional Use Permit 2004-0139 based on findings and subject to conditions of approval; and (2) adopt Resolution PC 2008-0048, approving a reconsideration of Tentative Tract Map 2004-0060 based on findings and subject to conditions of approval with the following added conditions: (a) 24 months rather than 12 months; (b) There be no CC&R preclusion to clotheslines in the backyards; and (c) Whatever tree removal is required will not take place until the time of grading with the exception of hazardous trees consistent with the previously -approved arborist's report. Motion passed 6:0:1 on a roll -call vote. (Commissioner Moreno abstaining). PC Minutes 09/16/2008 Page 4 of 7 COMMUNITY DEVELOPMENT STAFF REPORTS DIRECTOR'S REPORT Community Development Director Warren Frace reported to the Planning Commission that City Council did pass an ordinance on abstentions, which is not yet in effect. He explained that if a Commissioner has an abstention and they do not want to have their vote counted, they would need to announce their conflict and then leave the room. At that point, he explained, their vote would count as a non -vote or abstention. If they stay in the room and abstained, the vote would only count in the event of a tie vote, and the abstention becomes an automatic yes vote which will carry the majority. Community Development Director Warren Frace then answered questions of the Planning Commissioners. Community Development Director Warren Frace reported there will be a staff report to the City Council on the storm water master permit the submission of a plan to the Regional Water Quality Control Board. Next Planning Commission meeting is October 7, 2008. There is an informal study session where an applicant with a pending development on San Rafael wants the Planning Commission to review the site, to be held at 5:30 p.m. Tuesday, September 30, 2008. The project will then be placed on the October 7, 2008, agenda. Due to the candidate's forum on the same evening, there was consensus of the Commission to reschedule the study session on the San Rafael development to another date, and staff is directed to return with a new schedule. Community Development Director Warren Frace announced a neighborhood meeting on the Eagle Ranch Specific Plan with the Public Works Department, City Council, Planning Commission and the public for Thursday, September 25, 2008, and notices will be sent on this meeting. 3. LOW IMPACT DEVELOPMENT (LID) BRIEFING Deputy Public Works Director David Athey gave a presentation on Low Impact Development. Deputy Public Works Director David Athey and Community Development Director Warren Frace answered questions of the Planning Commissioners. PUBLIC COMMENT Matt Thompson, Storm Water Program Manager with the Regional Water Quality Control Board spoke about the function of the Board and answered questions of the Planning Commissioners. PC Minutes 09/16/2008 Page 5 of 7 COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady asked about the light poles stockpiled on Morro Road, and also about the added flatbed trailer he has recently noticed on the same lot. Community Development Director Warren Frace said he would check into the matter and report back to the Commission. Commissioner O'Grady asked about The Printery, Eagle Creek and Colony Square projects, and he wanted information from staff to report back to the public. Community Development Director Warren Frace stated staff is working with the Colony Square architect on redesign to make the project more financeable, and the theatre owner has also hired an architect to complete the interior design and expects construction to begin within the next three to four months. Community Development Director Warren Frace indicated the Printery project has not resubmitted plans and the permits may have expired. Staff has briefed the City Council on this matter and has received direction to staff and the city attorney to look into the deed restrictions and the historic nature of the building. Community Development Director Warren Frace stated the Eagle Creek project is not moving forward at this point; and the City Council has approved the general plan amendment which called for subdivision and re -landscaping of the golf course site and conversion of the shop and clubhouse into residential units. The plans required corrections and have not yet been returned. Commissioner O'Grady asked about ownership of the Eagle Creek project and the Printery building, but Community Development Director Warren Frace indicated they are owned by LLC's and specific names would need to be researched. As for the city's interest, the Printery has a deed restriction because of the historic significance of the building which is to make sure the building is maintained. On Eagle Creek, the Fire Department has completed weed abatement, and the permits are still active. Commissioner O'Grady asked about the status of Walmart. Community Development Director Warren Frace stated staff met with the Rottman and Walmart groups; and the Walmart group is committed to a design, but the Rottman Group is redesigning their plans and Walmart will wait for that change, which is expected in the next 60 days. Commissioner O'Keefe stated that there is a loan on the Printery building for $4.5 million and property taxes have not been paid. Commissioner O'Keefe asked if the weed abatement will be applied to the uncollected property taxes. Community Development Director Warren Frace stated there is a tax lien for weed abatement and there is a state law that the City is paid on the next tax role whether or not taxes are paid. PC Minutes 09/16/2008 Page 6 of 7 ADJOURNMENT There being no further business, the meeting was adjourned at 9:20 p.m. to the next regular meeting of the Planning Commission on October 7, 2008. MINUTES PREPARED BY: SUSANNE ANSHEN, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 08\PC Minutes 09-16-08.sa.doc PC Minutes 09/16/2008 Page 7 of 7