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HomeMy WebLinkAboutPC Minutes 10-20-09CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting - Tuesday, October 20, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, Contract Planner Mimi Whitney, and Deputy Director of Public Works/Engineering David Athey. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT - None PC Minutes of 10/20/09 Page 1 of 6 Chairperson Jack closed the Public Comment period. PLANNING COMMISSION BUSINESS - None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 1, 2009. MOTION: By Vice Chairperson Moreno and seconded by Commissioner Bentz to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. (Colamarino abstained) PUBLIC HEARINGS 2. RECONSIDERATION OF PLN 2099-0912, AMENDMENT OF PROJECT CONDITION #7 OF TENTATIVE TRACT MAP 2003-0029 ON ENCINO AVE. Property Don Messer, PO Box 1958, Atascadero, CA 93423 Owner/Applicant: Michael Finch, 6445 N Palm #101, Fresno, CA 93704 Project Title: Reconsideration of PLN 2099-0912 (Amendment of Project Condition #7) Project Location: Encino Avenue between Atajo Avenue and Chauplin Road APN 031-091-005, 006, 008, 009, (APN 031-091-009 is 2 separate lots) and 031-092-016 (San Luis Obispo County) [6 Colony Lots total] Project This is a request for reconsideration to amend Condition #7 of Tentative Tract Map Description: 2003-0029, imposed by the Planning Commission on November 21, 2006, requiring the tree mitigation fee payment of $18,233. The original project was a Tentative Tract Map that approved the reorganization of the lot lines for six (6) historic Colony lots in order to provide for an improved lotting pattern that would preserve more oak trees, improve access and reduce some of the grading anticipated with the development of individual single-family lots. Proposed A Mitigated Negative Declaration was certified by the City Council in 2003. The Environmental project is substantially the same as the original Tentative Tract Map that was the Determination: subject of the CEQA Findings. The Tree Mitigation Fee was not imposed by the City Council as a project mitigation measure. PC Minutes of 10/20/09 Page 2 of 6 Community Development Director Warren Frace introduced Mimi Whitney, Contract Planner, and said she would be making tonight's presentation. Mimi gave the staff report and asked the Commission to consider either approval or denial of the reconsideration. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward visited the site and spoke with Mr. Lee Swam, a neighbor, who helped him locate the site. • Commissioner Colamarino visited the site yesterday and spoke with no one. • Commissioner Bentz visited the site today and also spoke with Mr. Lee Swam. • Chairperson Jack visited the site on Sunday. Several months ago, Don Messer called him about the project, and Chairperson Jack suggested to him that if he had an issue, the appropriate action would be to bring it back to the Planning Commission. He spoke with no one at the site. • Vice Chairperson Moreno visited the site today and spoke with no one. • Commissioner Sturtevant visited the site and spoke with no one. • Commissioner Schmidt visited the site and had a phone discussion today with Director Frace. He also received the letter from Chris Marchand as did the rest of the commissioners. (Exhibit A) Chairperson Jack asked Director Frace to re -iterate exactly what the Commission was going to hear tonight, so there is a clear understanding. Director Frace explained that the item noticed was only Condition #7, the condition that required tree mitigation in the form of a fee paid to the City in the amount of $18,233.00. The Commission's job is to consider the request to approve it, deny it, approve it with changes, or send it back to staff for analysis. Director Frace answered questions from the Commission. PUBLIC COMMENT Don Messer, Applicant, 5425 Ardilla Road, thanked the Commission for taking the time to hear this project. Mr. Messer stated that he started this project years ago with Chauplin Road being built under the County. He extended sewer on Chauplin Road for this project, as well as other houses he built there. He built retaining walls after the project went through the hearing process. He made Encino a through -road because he had 6 lots, which made his project a Tract Map. He also did a Lot Line Adjustment to attempt to save trees. He explained that the Fire Chief had given a presentation on why Encino should be a through -road, and Mr. Messer agreed that it would be the best thing to do, so he put forth a lot of money in saving trees, building walls, and creating a tree preservation conservation easement. He spent in upwards of $50,000 on the retaining walls and $20,000 on engineering. The City also benefited because he installed fire water to connect from Portola Road, and he installed gas to old Encino. He did everything that was required by the City, and felt he and the City had an agreement, so the City should do their part to waive the tree fees. Mr. Messer answered questions from the Commission. PC Minutes of 10/20/09 Page 3 of 6 Chris Marchand, 793A E. Foothill Blvd. 190, San Luis Obispo, stated that he owns vacant land in Atascadero. He believes Mr. Messer should pay the full amount and asked the Commission to deny his request. Mr. Marchand read his letter in opposition to waiving the fees. (Exhibit A) Elizabeth Roebber, 5305 Portola Road, said that we should be trying to save trees, especially the big fantastic oaks. There were some really beautiful oaks on this property, and a lot have been lost. She believes we should continue with the intent of the law, and the policy we have in place. If you cut down trees, it's not an improvement. Celia Bewley, 5530 Encino Ave., does respect Mr. Messer's side. She and her husband built their home in an oak forest. It is an understatement to say that they did not want to lose the oak tree forest next to their property. She believes that the rules are you pay the fees. It was generously assessed at $18,233.00, because now it's a very different site. She asked the Commission to agree with the previous Planning Commission, and uphold the Tree Ordinance and mitigation fees. Cindy Sasur, 5575 Allemande Lane, said Lot 27 on the map was not a part of this project, and there is a very large portion of the easement that is actually on that lot, but from an entirely different project. Looking at these easements is a bit misleading. At previous Planning Commission meetings, these easements were not going to be considered as mitigation because of substantial impacts. The largest concern was when the tree map was found to be inaccurate, and she has a problem accepting that it was a mistake. If you look back in the record, over 40 additional trees were found which were tagged with alpha numeric numbers, which were never reported on the map. Ellen Beraud, 9605 Laurel Road, said she was on the Planning Commission at the time, and the minutes were brief, so she wanted to explain what actually happened. Ms. Beraud explained that the property was heavily impacted, and she was surprised the Council threw out the $18,233.00 in fees. This was an emotional issue, and people were still upset 3 years later. There was a lot of discrepancy in the tree plan. We (the previous Commission) felt the 2003 Planning Commission findings were still valid. The mitigation funds are very important, tree preservation parcels could not be developed anyways, and she encouraged the Commission to uphold the Tree Ordinance. Pete Roebber, 5305 Portola Road, said that his property is right along the edge of the project. It has been significantly affected by the removal of the trees. He has a lot more noise and sunlight striking the hill behind his house now. He feels the tree removals were a major hit on their property, and the fee is justified. Mark Bewley, 5530 Encino Ave., supports keeping the tree fee because the Planning Commission imposed it in 2003, it came back in 2006, and they opposed it again. He believes the construction project moved forward accepting the rules. Going back on the Commission's decision is changing the rules. Changing the rules for one person doesn't provide a good service, and the community isn't treating anyone fairly. He supports keeping the fee. PC Minutes of 10/20/09 Page 4 of 6 Chairperson Jack closed the Public Comment period. There was discussion amongst the Commissioners before the vote about reversing a previous Planning Commission decision, second guessing previous decisions, removal of the trees and its detriment to the neighborhood. There was also discussion about public perception, waiving fees, setting a precedent for future Planning Commissions, upholding the original City Council decision, balance, fairness, and the right of an applicant to come back before the Commission. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to adopt PC Resolution 2009-0031 approving the reconsideration of Conditions of Approval and amending Condition #7 of the Tentative Tract Map 2003-0029 and removing the requirement for a tree impact fee of $18,233.00. Motion passed 6:1 by a roll -call vote. (Colamarino opposed) COMMUNITY DEVELOPMENT STAFF REPORTS None COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt announced that the Board of Directors for the Atascadero Mutual Water Company (AMWC) is holding a hearing at 6:30 p.m. tonight about a possible 35% reduction in fees for water connection fees for 2nd homes (from $19,600 to $12,740). He has also been looking at the City's development impact fees and due to what he found in the Taussig Study, he thinks the City should revisit the fees on 2nd homes in light of what the AMWC is doing. Director Frace mentioned that this will be addressed through the Housing Element. PC Minutes of 10/20/09 Page 5 of 6 DIRECTOR'S REPORT • The next Planning Commission Meeting will be on November 3, 2009. • The La Plaza Movie Theatre project, (a Conditional Use Permit application), is in the first phase of plan review. Director Frace said it won't take too long to get to the Planning Commission. • The Rite-Aid Project is expected to pull permits this week and start construction in November 2009. • The Colony Square project will have a groundbreaking ceremony in the near future, and the Commission will be notified of the date. • City staff is implementing a new program which takes precautions with the H1 N1 virus. ADJOURNMENT - 8:50 p.m. The next regular meeting of the Planning Commission is scheduled for November 3, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: W Annette Manier, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Letter from Chris Marchand Il Cityhalllcdvlpmnh- PC MinuteslPC Minutes 091PC Minutes 10 20 09.doc PC Minutes of 10/20/09 Page 6 of 6