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HomeMy WebLinkAboutPC Minutes 02-17-09CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Tuesday, February 17, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Moreno led the Pledge of Allegiance. ROLL CALL Present: Commissioners Moreno, Sturtevant, Bentz, Ward, Schmidt and Chairperson Jack Others Present: Recording Secretary Susanne Curtis Anshen Staff Present: Community Development Director Warren Frace, Deputy Public Works Director David Athey, and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Moreno and seconded by Commissioner Bentz to approve the agenda. Motion passed 5:0:1 by a roll -call vote. (Commissioner Schmidt abstained.) PUBLIC COMMENT: None. Chairperson Jack closed the Public Comment period. PC Minutes of 02/17/09 Page 1 of 12 PLANNING COMMISSION BUSINESS A. ADMINISTRATION OF OATH OF OFFICE Marcia Torgerson, City Clerk, administered the Oath of Office to new Planning Commissioner Len Colamarino. B. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON The Commission will select a Chairperson and Vice Chairperson. NOMINATION: Commissioner Moreno nominated Sandy Jack as Chairperson of the Planning Commission and Commissioner Bentz seconded the nomination. Sandy Jack was elected as Chairperson of the Planning Commission 7:0 by a roll -call vote. NOMINATION: Commissioner Bentz nominated Heather Moreno as Vice Chairperson of the Planning Commission and Commissioner Sturtevant seconded the nomination. Heather Moreno was elected Vice Chairperson 7:0 by a roll -call vote. CONSENT CALENDAR APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 6, 2009. 2. PLN 2009-0789, APPROVAL OF TIME EXTENSION FOR 5715 & 5735 ROSARIO AVE. (RAVATT, MAYER) PUBLIC COMMENT: 0L'm Chairperson Jack closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve the Consent Calendar. Motion passed 7:0 by a roll -call vote. PC Minutes of 02/17/09 Page 2 of 12 COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2009-1316/TREE REMOVAL PERMIT FOR 7405 DEL RIO ROAD Property Owner: Steve and Eve Williams, 17643 Community Street, Northridge, CA 91325-3923 Certified Arborist: Henry Curtis, Certified Arborist, 5456 Bolsa Ave., Atascadero, CA 93422 Project Title: PLN 2009-1316 / TRP 2009-0125 Project Location: 7405 Del Rio Road, Atascadero, CA 93422 APN 049-241-049 (San Luis Obispo County) Project Description: A request to remove one (1) live oak totaling 28 inches DBH to make repairs to foundation. Associate Planner Callie Taylor gave the staff report. DISCLOSURE OF EXPARTE COMMUNICATIONS: None. PUBLIC COMMENT: 10 rem Chairperson Jack closed the Public Comment period. MOTION: By Commissioner Bentz and seconded Schmidt to adopt resolution PC 2009-0004 of one (1) live oak totaling 28 inches DBH. Motion passed 7:0 by a roll -call vote. PC Minutes of 02/17/09 Page 3 of 12 by Commissioner to allow the removal PUBLIC HEARINGS 4. PLN 2099-0997 / ZONE CHANGE TEXT AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT AND TENTATIVE TRACT MAP FOR 9000 WEST FRONT ROAD Property Owner: West Front Village, LLC, 1301 Chorro Street, San Luis Obispo, CA 93401 Applicants: Richard Shannon, John Rossetti, & Jim Shores, 6755 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2099-0997 (ZCH Text Amendment, CUP Amendment, & TTM) Project Location: 9002 West Front Road & 9000-9092 Coromar Ct., Atascadero, CA 93422 APN 056-131-034 thru 056-131-065, 022, 023 (San Luis Obispo County) Project Description: The project consists of an application to amend the Conditional Use Permit (Master Plan of Development) for West Front Village. The floor plans on the residential lots have been redesigned and the common driveways and attached garages have been eliminated. Modifications to the architectural design of the residential units are proposed. The gas station on Lot 2 of the commercial portion is proposed to be replaced with a 4,880 square foot commercial retail building. A new Tentative Tract Map is proposed with the same number of lots as the originally approved Tract Map. The residential lots and Lot 2 of the commercial development have been reconfigured to fit the redesigned floor plans. The application also includes a Zone Change Text Amendment to change the language in the PD -23 standards to match the new project layout. Amendments to the original conditions of approval are proposed. General Plan Designation: GC, MDR Zoning District: CR, RMF -10, PD -23 Proposed Consistent with Certified Mitigated Negative Declaration 2005-0165. Environmental Determination: Commissioner Schmidt recused himself due to the proximity of his residence to the subject property. Commissioner Schmidt then he left the meeting room. DISCLOSURE OF EXPARTE COMMUNICATIONS: • Chairperson Jack stated he visited the project, but did not speak to anyone. • Vice Chairperson Moreno stated she visited the project, but did not speak to anyone. • Commissioner Sturtevant stated he visited the property, and did not speak with anyone. PC Minutes of 02/17/09 Page 4 of 12 • Commissioner Colamarino stated he visited the project, but did not speak with anyone. Community Development Director Warren Frace and Associate Planner Callie Taylor gave the staff report and answered questions of the Planning Commissioners. PUBLIC COMMENT: Mr. Shannon, the applicant and partner on West Front Village, thanked staff for their assistance. Mr. Shannon stated originally they had agreed to maintain plants in the Caltrans right-of-way for two years giving the plants time to mature, and then either Caltrans or the City would assume maintenance and the title was recorded with this condition. Mr. Shannon stated parcels have been sold with this condition, but now Caltrans has requested a 20 -year maintenance condition. Mr. Shannon suggested they landscape the buffer piece not on Caltrans property and maintain this for two years, and then after that the maintenance would be up to the City under Condition 12. Mr. Shannon stated under the affordable housing element of the project, they may not be able to sell the units and may need to keep some as rental units. If this is the case, it is more economically feasible to cluster the rental units together to reduce maintenance costs, which the City has granted on other projects. Mr. Shannon also stated they are asking to mix in -lieu fees and constructed units together when they present to the City Council and they will have a formula to present at that time. And, finally, Mr. Shannon asked that since they have recorded the final map and did not have facility district and homeowners association in place, they executed a deferral agreement, and would like to continue the deferral agreement. Mr. Shannon stated staff's suggestion of color was not a problem. Mr. Shannon stated his civil engineer, Russ Thompson, and his partner, John Rosetti, also here for questions. Commissioner Moreno asked Mr. Shannon about the deferral agreement. Mr. Shannon stated the deferral agreement was for the Facilities District that must be created for police and fire protection. Once established, they must start paying into it, and they felt it was not fair to pay for houses that were not yet there; however, they wanted to record the map in order to sell a parcel to Holiday Inn. Mr. Shannon stated they worked out a deferral agreement that stated prior to construction of the residential units the district would be in place. PC Minutes of 02/17/09 Page 5 of 12 Commissioner Colamarino asked if Caltrans was bound to the two-year limitation on the landscape maintenance. Mr. Shannon explained there are provisions in the recorded documents for maintaining the off-site landscaping for a two-year period. When Caltrans wanted a longer period, the CC&Rs were in conflict with the request. They returned to the City with the suggestion to heavily landscape the buffer piece in between and maintain this for two years and then turn the same over to the City for future maintenance, thereby stepping around Caltrans. Mr. Shannon stated their attorneys advised them they could not legally contribute to the landscape maintenance for more than two years because it would be in conflict with the documents already recorded. Commissioner Ward asked if the landscaping is on a timed irrigation. Mr. Shannon stated their would be timed irrigation and the maintenance would consist of replacing dead plants and weed removal along with the timed irrigation for a two-year period. After that, Mr. Shannon stated the drought -tolerant plants would be cut off from irrigation and the City would only need to remove weeds. Commissioner Bentz asked staff who is responsible for the maintenance in the Caltrans right-of-ways. Community Development Director Warren Frace stated Caltrans would be responsible for the maintenance in the right-of-ways. Mr. Frace stated that Caltrans is not interested in trees being planted in the Caltrans right-of-way because of the cost of future maintenance and this is where Caltrans came up with the 20 -year requested agreement. Mr. Frace stated that Public Works does not want to take over maintenance either, which has presented this situation before the Commission. Commissioner Sturtevant asked about the in lieu fees. Mr. Shannon stated the affordable housing policy states projects of 11 or more units must building units or receive Council approval to pay in lieu fees based on a formula which gives some flexibility because of the fluctuation of interest rates. Mr. Shannon stated the affordable unit price could become so low that the developer could not afford to build and, therefore, could pay in lieu fees, which go into a fund for future affordable projects. Mr. Shannon said they are asking they be allowed that alternative, which was left out of the original wording. Mr. Bentz asked if the in lieu fees go into a housing fund. Community Development Director Warren Frace stated in lieu fees go into a restricted account for the sole purpose of affordable housing like Habitat for Humanity thereby leveraging those fees to maximize their value. Commissioner Colamarino asked if the applicant had the option of in lieu fees, would they not build the duplex units. Mr. Shannon stated they would probably build the three moderate units and then building the four of the low-income units and then pay two in - lieu fees, but this would be dictated by the market. PC Minutes of 02/17/09 Page 6 of 12 Commissioner Ward asked if lots 13 — 18 are duplexes and are all in the affordable category. Mr. Shannon stated they do not have to be. Commissioner Ward asked applicant if he had a Plan B in case the Council does not allow the clustered affordable housing. Mr. Shannon stated they would just disperse the affordable units throughout the project, but due to today's market, he really needs flexibility and options. Commissioner Bentz stated low to moderate income housing clustering creates pockets of "cancer" in communities, and when it starts to deteriorate, it goes fast and the City would like to spread them out to prevent this deterioration. Mr. Shannon agreed when talking about a large number of units, but his project would only have six affordable housing units. Chairperson Jack asked what type of fencing would be utilized between the open portion in Lot 3 and the residential area. Community Development Director Warren Frace stated the plan calls for tubular, steel, open fencing. Chairperson Jack asked about lots 10 and 11, and if the applicant anticipated any issue on the transition between the housing to the affordable housing, stating it was his recollection it was a 6 -foot fence. Mr. Shannon stated when the project is completed, there will be no visual difference between the regular and the low-income units. Commissioner Jack asked the applicant about planting a shade tree in the open area in the second cul-de-sac. Associate Planner Callie Taylor stated there is a tree planned for that space which has been conditioned. Commissioner Colamarino asked Mr. Shannon if they were prepared to meet all the conditions except for the four items discussed as well as the deferral agreement. Mr. Shannon stated he was. Linda Hanson asked to have Condition 11 repeated. Associate Planner Callie Taylor stated it is actually a condition for Coromar Court in which the applicant is asking the decorative treatment be as in the drawings and not up to the driveway. Ms. Hanson spoke about the headlights of cars coming out of the Jack -In -The -Box on Portola Road directing the headlights down her street. Ms. Hanson asked if the drainage basin will stay and if there will be a safety fence. PC Minutes of 02/17/09 Page 7 of 12 Chairperson Jack stated the drainage basin will stay, and at this point, there is nothing conditioned for fencing. Mary Neal, who lives on Cason Court, read letter she wrote to Mr. Shannon and Planning Commissioners regarding traffic noise and her concern for intensified noise once the project is completed. Chairperson Jack closed the Public Comment period. Chairperson Jack suggested staff get a list of concerns together while the Commission takes a short break. Commissioner Bentz stated staff has put together a thorough report and has offered alternatives, he is in agreement with the report, and that Mr. Shannon's three items of concern need to be presented to City Council. Commissioner Bentz stated the Planning Commission does not have the ability to change those policies. Chairperson Jack asked staff about Ms. Neal's concern on traffic noise. Community Development Director Warren Frace stated this is the corner house at end of the off -ramp and is subject to noise impact, but this is an existing condition and this project does not have the ability to correct an existing condition. Commissioner Colamarino asked about the legal implications of the recorded documents having the two-year landscape maintenance requirement and requested staff's opinion. Community Development Director Warren Frace stated he has not spoken with the City Attorney about this issue, bit the CC&Rs are already recorded with the landscape provisions which probably cannot be changed. He stated the Planning Commission may want to run this by the City Council without making a specific recommendation, and staff can work with the applicant and the Public Works Dept. to come up with something that might work with a shorter maintenance period. Commissioner Colamarino stated the clustering policy seems beyond the Planning Commission's province, but could suggest to the City Council make an exception. Community Development Director Warren Frace advised sticking with the staff recommendation because the City Council has already approved the project as in compliance with affordable housing policy; however, the Council may want to re- examine this once it comes before them. Commissioner Bentz asked if Mr. Shannon could make the same presentation to the City Council. Community Development Director Warren Frace stated he could. PC Minutes of 02/17/09 Page 8 of 12 Commissioner Bentz stated since the City Council is the only body with authority to modify the policy; therefore, it is appropriate for the Commission to ask the City Council to hear the same presentation, but not make recommendations. Chairperson Jack asked if we should add the paint issue. Community Development Director Warren France stated that issue was already conditioned. Commissioner Colamarino asked for a clarification as to the housing and in lieu fees, whether they need to be addressed by the City Council, but the Planning Commission is not in a position to grant changes. Community Development Director Warren Frace stated he suggested they make no recommendation on this issue, because this is an exception that only the City Council can grant. Chairperson Jack stated the only items the Commission could offer alternatives for would be to explore different landscaping options to present to the City Council and the deferral agreement. Community Development Director Warren Frace stated the deferral agreement for the facilities district has to do with the timing of the facility district which is a condition on both the master plan and the map as a standard condition. He explained facility districts are required before the maps record; however, as soon as it is created, applicant would have to start paying into the facility district. He recommended they leave the deferral agreement the way it is; and if the applicant wants to apply for an extension, he can work it out with the City Attorney. Commissioner Colamarino asked staff if the Commission recommended the City Council make an exception to affordable housing, does it carry with it the implication that an exception should be made or only that it be considered. Chairperson Jack stated the City Council will take into consideration the Planning Commission's recommendation and put the appropriate weight to that recommendation. Commissioner Bentz stated the City Council sets policy, adopts ordinances and zoning codes, etc., and the Planning Commission's job is to uphold those decisions, not to challenge those decisions. Commissioner Colamarino stated he is only asking if this is redundant and whether the City Council is going to make an exception irrespective of whether the Planning Commission recommends the exception. Chairperson Jack stated it was within the prerogative of the City Council to take it into consideration, weigh it and then possibly make an exception. PC Minutes of 02/17/09 Page 9 of 12 Commissioner Colamarino stated he would include the recommendation that the City Council look carefully at this project for exceptions to the clustering of affordable housing and in lieu fees. Commissioner Bentz suggested the City Council will make a decision after Mr. Shannon makes his presentation; and the only thing the Planning Commission can do is make a recommendation to the City Council based upon what is before us tonight. Commissioner Colamarino asked to clarify that he is not suggesting second-guessing the City Council. He stated he is only suggesting that the Commission highlight that there is an issue here. Commissioner Bentz reiterated the Council will hear the presentation and make their decision. Chairperson Jack stated he does not have a problem recommending the City Council give serious consideration to this situation which has been accommodated in the past. Commissioner Ward asked if the Planning Commissioners could give their views because he is persuaded by Mr. Shannon's argument that only six affordable units clustered would not create blight. Commissioner Ward also stated that it is the Planning Commission's responsibility to make a recommendation to the City Council. Commissioner Moreno stated on Nos. 1 and 3, the landscaping and deferral agreement, she is in favor of having the City Council review these issues. Commissioner Moreno stated she is opposed to the request to cluster the affordable housing, which would have a greater impact on the project if they are rentals because when the units are owned, there is more pride of ownership. Commissioner Moreno stated she has no issue with the in lieu fees. Chairperson Jack stated the CC&Rs will exercise some control over the appearance of the units, which may mitigate the issue. Commissioner Moreno stated this would probably not work with the rental issue. Commissioner Sturtevant stated the recommendation on clustering could be made more specific as to the size of the units in question. Community Development Director Warren Frace stated the condition carried over since this was a previously -approved project. Chairperson Jack suggested on the clustering concept, we get a sense of what the consensus is on the Commission. Commissioner Bentz agreed with Commissioner Moreno's point that it is possible those six units could be owned by absentee owners and rented, and that needs to be handled when the sale is made or when they are rented. Commissioner Bentz stated the City needs to enforce the low and moderate income housing unit policies. Commissioner PC Minutes of 02/17/09 Page 10 of 12 Bentz did not mind suggesting to the City Council that consideration needs to be given to these issues. Commissioner Colamarino stated he understands clustering makes sense in larger developments, but we are only taking about a small number of units in a troubled housing market. He would support a statement that in view of the fact that there are only six units and the conditions prevailing the housing market, the Commission recommends consideration be given to whether strict application of clustering requirement is warranted in this case. Chairperson Jack stated he feels we are all saying about the same thing, that we are recommending that they take into consideration making an exception in this case. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to adopt: 1. Resolution PC 2009-0005 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Code Text Change 2009-0152 (PLN 2099-0997) amending the PD -23 Overlay District Text consistent with the revised project design based on findings; 2. Resolution No. PC 2009-0006 recommending that the City Council approve Master Plan of Development Amendment (CUP 2003-0108 Amendment / PLN 2099- 0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring; 3. Resolution No. PC 2009-0007 recommending that the City Council approve a Tentative Tract Map for Tract 2970 (PLN 2099-0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Including conditions of approval submitted by staff at this meeting that the City Council give consideration to the three items presented to this Commission by the applicant regarding landscaping, affordable housing units being clustered, and the housing or in lieu fees, and the deferral agreement for the CFD. Motion passed 6:0 by a roll -call vote. (Commissioner Schmidt recused himself.) Commissioner Schmidt rejoined the Planning Commission meeting. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked if the Commission would like to recommend that City Council to visit the issue of extensions beyond one year at a time. PC Minutes of 02/17/09 Page 11 of 12 Community Development Director Warren Frace stated currently the State granted one year extensions to all maps, which is in addition to any City extensions granted. Commissioner Schmidt asked what the current fee for extension currently costs. Community Development Director Warren Frace stated it is in the range of $400.00. Commissioner Schmidt suggested this be visited so applicants can get a longer extension for the one-time fee paid. Chairperson Jack asked staff to agendize this for a future Planning Commission meeting. DIRECTOR'S REPORT • The next Planning Commission meeting is March 3, 2009, and Tractor Supply project at Dove Creek will be on the agenda. There was a neighborhood meeting held and he expects a healthy turnout. • The Planners' Institute is scheduled for March 25-27 and all Commissioners will be attending. ADJOURNMENT: - 9:17 pm The meeting was adjourned at 9:17 p.m. to the next regular meeting of the Planning Commission scheduled for March 3, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero, California. MINUTES PREPARED BY: Susanne Curtis Anshen, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 09\PC Minutes 02 17 09.doc PC Minutes of 02/17/09 Page 12 of 12