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HomeMy WebLinkAboutPC Minutes 10-07-08CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, October 7, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner O'Grady led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Marks, O'Grady, Moreno, O'Keefe, Vice Chairperson Jack, and Chairperson Fonzi Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack seconded by Commissioner Moreno to approve the agenda. Motion passed 6:1 by a roll -call vote. (O'Grady opposed.) PUBLIC COMMENT None. Chairperson Fonzi closed the Public Comment period. PLANNING COMMISSION BUSINESS None. PC Minutes of 10-07-08 Page 1 of 7 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Heatherington visited the site on Item No. 3 (Del Rio Road) and had a conversation with Bryan Matts, his friend, Kevin, and a guest. • Commissioner Moreno visited both locations. At the San Rafael location, she spoke with the neighbor. • Commissioner O'Grady visited both sites and spoke with the neighbors. • Commissioner O'Keefe spoke with the property owner on Del Rio Road. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 2, 2008. MOTION: By Commissioner O'Keefe seconded by Vice Chairperson Jack to approve the Minutes of the Regular Planning Commission Meeting of September 2, 2008. Motion passed 5:0:2 by a roll -call vote. (Moreno and O'Grady abstained.) PUBLIC HEARINGS 2. PLN 2007-1254 TENTATIVE PARCEL MAP FOR 9125 SAN RAFAEL ROAD Property Owner: Jim and Bonnie Cvancara, 7501 E. Greenbluff Road, Colbort, WA 99005 Project Title: PLN 2007-1254, Tentative Parcel Map 2007-0092 Project 9125 San Rafael Road., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-162-039 Project The project consists of an application to subdivide an existing 3.07 gross acre lot into Description: two (2) lots. Parcel 1 is proposed at 1.03 (net and gross) acres and Parcel 2 is proposed as a flag lot consisting of 2.04 gross acres (1.91 acres, excluding flag area.) Proposed Parcel 1 has a 7.32% average slope and is currently developed with a single- family residence, detached garage, and barn. Proposed Parcel 2 has an average slope of 12.10% and is currently undeveloped. Both sites contain several native trees, including mostly Valley Oaks and Live Oaks. No Native trees are proposed for removal. A building envelope is included on Proposed Parcel 2 in order to limit impacts to native trees and limit grading near the Swale towards the rear of the property. The subject site is within a sewer service area. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from 9/18/08 through 10/7/08 at 6907 EI Camino Real, Community Development Department Determination: from 8:00 a.m. to 5:00 p.m., Monday through Friday. PC Minutes of 10-07-08 Page 2 of 7 Chairperson Fonzi indicated she may have a conflict of interest on this item and will step down on this issue. Chairperson Fonzi turned the meeting over to Vice Chairperson Jack and left the room. Associate Planner Callie Taylor gave the staff report. Associate Planner Callie Taylor and Community Development Director Warren Frace answered questions of the Commissioners. Barak Miles, (GeoWest) for the applicant, stated the road in question is not a road, but rather a driveway. He also stated the swale in the back is not in the 100 year flood plain. No trees will be removed. Because of the garage, they have asked for a 20 foot access, which provides the 12 foot driveway with 2 foot border on each side. Mr. Miles answered questions of the Commissioners. PUBLIC COMMENT Brian Wolfe, a friend of the applicant, stated because the applicant wanted to do a lot split like the ones around their property and it was not feasible, they are proposing the project before us now, which has cost them a lot of money, and it should be approved. Vice Chairperson Jack closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Moreno to adopt Resolution PC 2008-0049 certifying the proposed Mitigated Negative Declaration 2008-0013 and approving Tentative Parcel Map 2007-0092 (PLN 2007-1254), a request to subdivide one lot totaling 3.07 acres into two (2) parcels containing 1.03 acres and 2.04 acres (1.91 acres excluding flag area) each, based on findings and subject to conditions with the additional conditions added: (1) The access -way paving shall be a minimum of five feet from the property line and accessory structure subject to future fire department standards; and (2) The building envelope located on Parcel 2 shall not encroach upon the swale any farther than 20 feet from the centerline of said swale in either direction. Motion passed 4:2:1 by a roll -call vote. (Heatherington and O'Keefe opposed, Fonzi abstained.) Chairperson Fonzi returned to the room, and Vice Chairperson Jack turned the meeting back over to her. PC Minutes of 10-07-08 Page 3 of 7 3. PLN 2008-1296, CONDITIONAL USE PERMIT FOR 4185 DEL RIO ROAD Property Owner: Bryan Matts, 4185 Del Rio Road, Atascadero, CA 93422 Project Title: PLN 2008-1296, Conditional Use Permit 2008-0230 Project 4185 Del Rio Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-073-032 Project The project consists of an application for a Minor Conditional Use Permit for a garage Description: which exceeds 50% of the size of the main residence. The main residence is 1,244 sq. ft. and the proposed garage (as built) is at 1,688 sq. ft. Section 9-6.106 of the Municipal Code allows detached accessory structures that exceed size requirements subject to the approval of a Minor Conditional Use Permit. General Plan Designation: SE (Suburban Estate) Zoning District: RS (Residential Suburban) Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Proposed Construction or Conversion of Small Structures) exempts construction and location of Environmental limited numbers of new, small facilities or structures, including accessory structures such Determination: as garages and carports. Associate Planner, Callie Taylor, gave the staff report. Associate Planner Callie Taylor and Community Development Director Warren Frace answered questions of the Commissioners. Commissioner O'Grady stated he voted against the agenda tonight because he feels this is a code violation infraction and not a request for a Conditional Use Permit. PUBLIC COMMENT Bryan Matts, applicant, stated he had obtained a permit to do electrical work and then found dry rot as well as extensive work that needed to be done. At that point, he had a building inspector investigate the necessary requirements, who suggested he have an inspection thereby triggering the violation report. He was unaware of any violation at that time. Mr. Matts answered questions of the Commissioners. Chairperson Fonzi closed the Public Comment period. There was further discussion by the Commissioners and staff answered more questions as to whether or not the toilet, sink, and shower should remain in the second structure. Commissioner O'Grady received an email from Nancy and David Wickersham, who are possibly neighbors, and are not present. He stated the Wickershams wanted it on record that they feel the non -permitted second unit should be removed and the non- conforming garage is out of character for the neighborhood and site. Commissioner O'Keefe agrees that aesthetically it is not a pleasing building, but there was no provision against building the garage this way when it was built; and because the first unit is in front, it is not that noticeable. Commissioner O'Keefe feels it would be onerous to require them to remove the building. Commissioner O'Keefe felt the shower PC Minutes of 10-07-08 Page 4 of 7 should be removed, but the sink and toilet should be permitted for convenience. Commissioner O'Keefe stated that it would be unfair to the applicant to be asked to remove the structure because the violation was triggered when he was trying to improve the property. Commissioner Heatherington agrees about removing the shower. Commissioner Moreno concurs with removing the shower. Vice Chairperson Jack suggested they require removal of the heating and air conditioning also, because it is a shop not a residential use. Commissioner Marks agreed with removing the shower, but wants the toilet removed in addition. Chairperson Fonzi asked staff questions in regard to the existing septic system compliance. PUBLIC COMMENT (REOPENED): Bryan Matts answered questions on the approved septic report and stated the rear unit is connected and inspected. The front house is a two-bedroom and the rear unit is one bedroom, and applicant will live in the front house. Also, both units are on one electrical meter. Chairperson Fonzi closed the Public Comment Period. MOTION: By Commissioner O'Keefe to adopt Resolution PC 2008-0050 approving Conditional Use Permit 2008-0230 (PLN 2008-1296) based on findings and subject to Conditions of Approval and that the shower shall be removed. There was further discussion on removal of the bathroom. Chairperson Fonzi asked for a second. Motion is seconded by Commissioner Moreno. Further discussion was held regarding the concern of an illegal second unit, but no changes were made to the original motion. Chairperson Fonzi called for the vote. Motion passed 7:0 by a roll -call vote. PC Minutes of 10-07-08 Page 5 of 7 COMMUNITY DEVELOPMENT STAFF REPORTS None. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady and Commissioner O'Keefe spoke about the CUP being used as a remedy for infractions of the Municipal Code and the fact that they are uncomfortable with this usage and would like some direction from staff on what should be handled as a CUP and what is consistent with a code infraction. Community Development Director Warren Frace stated he understands there are two issues: the appearance of second units and the code enforcement relief. He stated those both are City Council policy decisions and staff is working under City Council direction on both issues. Currently, we do not do appearance reviews on any accessory structures because it is the City Council's policy they do not want that; and the City Council would need to change that policy. As for code enforcement, staff is working under direction of the City Council and the City Attorney on how to deal with these cases, and have been directed to work with these cases to try to get voluntary compliance to avoid costly litigation as much as possible. Commissioner Moreno asked about the email sent from Annette Manier on the October 23rd site visit and stated she would be available at 5:30 p.m. Chairperson Fonzi asked the Commissioners to email Warren Frace after they have checked their respective calendars. Commissioner Heatherington requested a presentation by the Regional Water Quality Control Board and on the Storm Water Management Plan insofar as we gave the RWQCB public comment time and not presentation time; and further requested a presentation from the Parks Commission on parks and trails as well as the U.S. Fish and Wildlife regarding the implications of the red -legged frog habitat. DIRECTOR'S REPORT • Community Development Director Warren Frace stated the next meeting of the Planning Commission is October 21, 2008, with only one item; and because that item may not be ready, the meeting could be cancelled. The following meeting is scheduled for November 4, 2008, which is election night, which may be cancelled as well. • The Basin Plan and the Storm Water Management Plan are both on the next City Council agenda as separate items, where staff will update the Council and ask for direction. PC Minutes of 10-07-08 Page 6 of 7 • The report on Trails and Parks is on the list for presentations and is being coordinated with Community Services. • As for the signal poles stored on Morro Road, Deputy Public Works Director David Athey contacted Caltrans who indicated they are Caltrans' poles, they are in the Caltrans' right-of-way, it is part of the Highway 41 project, and Caltrans has no other location for the poles at this time. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 9:16 p.m. to the next regularly scheduled meeting of the Planning Commission on October 21, 2008. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 08\PC Minutes 10 07 08 (2).doc PC Minutes of 10-07-08 Page 7 of 7