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
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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:
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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
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(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).
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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.
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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
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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
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