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Home My WebLink AboutPC Minutes 11-17-09CI TY OF A TA SCA DERO PLANNING COMMISSION MINUTES Regular Meeting - Tuesday, November 17, 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 7:01 p.m. and Commissioner Ward led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, and Ward Absent: Commissioner Sturtevant (excused) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Deputy Director of Public Works/Engineering David Athey. APPROVAL OF AGENDA MOTION: PC Minutes of 11/17/09 Page 1 of 5 By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT - None Chairperson Jack closed the Public Comment period. PLANNING COMMISSION BUSINESS - None CONSENT CALENDAR APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 6, 2009. MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 2. PLN 2009-1333, CONDITIONAL USE PERMIT AMENDMENT AND TREE REMOVAL PERMIT FOR 2600 RAMONA ROAD AND 6075 CONEJO ROAD Property Church of Jesus Christ of Latter Day Saints, NA1, Utah Corporate Services, 343 E. 500 Street, Ow ner/Applicant: Salt Lake City, UT 84111 Project Title: PLN 2009-1333 / Conditional Use Permit Amendment and Tree Removal Permit 2009-0136 Project Location: 2600 Ramona Road & 6075 Conejo Road, Atascadero, CA 93422 APN 049-142-009, 049-142-007 (San Luis Obispo County) Project The proposed project consists of an application to amend the Master Plan of Development for Description: the Church of Jesus Christ of Latter Day Saints to allow a 2.1 -acre parking lot expansion on 6075 Conejo Road, the addition of a 1,800 sq. ft. shade pavilion at the rear, and the removal of one 5" diameter California Live Oak. General Plan Designation: SE (Suburban Estates) Zoning District: RS (Residential Suburban) Proposed A Conditional Negative Declaration was issued for this project pursuant to the provisions of Environmental CEQA in 1983. An Exemption (CEQA Sec. 15332) is recommended for this proposed Determination: Amendment because the expansion is considered as in -fill development in a built environment and the tree removed is to be mitigated by replacement oaks per City Tree Ordinance. PC Minutes of 11/17/09 Page 2 of 5 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward drove around the property, but spoke with no one. • Chairperson Jack visited the site, but spoke with no one. • Commissioner Schmidt visited the site, and mentioned it was beautifully maintained. Community Development Director Warren Frace gave the staff report, explained that there were three items being requested tonight (to add an additional parking lot, to add a 1,800 square -foot shade structure, and removal of one tree). Director Frace answered questions from the Commission. PUBLIC COMMENT Bob Winslow, Applicant's Representative from EDA Design Professionals, asked the Commission to consider some clarification to the conditions of approval, and then offered to address some of the other concerns. Mr. Winslow answered questions of the Commission. Nick Miller, property owner, who owns a creek reservation behind the property, is concerned about runoff and the shade pavilion, and how close it will be to the creek reservation and how it relates to creek setbacks. He is hoping there will be some markers. The Commissioners asked Mr. Miller about his specific concerns. Community Development Director Warren Frace explained creek reservations and the setbacks in relation to the structure. Chairperson Jack closed the Public Comment period. Chairperson Jack reopened the Public Comment period. Bob Winslow, EDA Design Professionals, explained the creek reservation and the location of the shade structure. He explained that they would have to meet setbacks and building code requirements. The shade pavilion itself is at least 100 -feet from the creek. David Athey also addressed Mr. Miller's concerns. Mr. Winslow stated that most of the changes are language -changes and he does not take any exception to making the changes suggested by staff and the Commission, and he would be satisfied with rewording. Chairperson Jack closed the Public Comment period. There was discussion amongst the Commissioners about the changes in conditions. Commissioner Bentz expressed his discomfort in the changes in conditions without staff PC Minutes of 11/17/09 Page 3 of 5 having adequate time to review it. He feels it is unusual for the applicant to ask the Commission for these changes. Commissioner Colamarino agreed, and added that there is a problem showing up and saying you want conditions changed. It puts the Commission in a difficult position, and procedurally it's problematic. After further discussion, however, it was determined that if the applicant is satisfied with the modifications, and Director Frace and David Athey agree, the Commission could support the changes. Commissioner Schmidt stated he was in opposition to Condition 20, requiring a cross - access easement, but would go with the Commission's final decision on the issue. Commissioner Bentz asked that the minutes reflect the exact changes, and that they see a list of changes at the next meeting. Community Development Director Frace asked for a review of the changes from David Athey before the motion was made. The changes will come before the Commission at the next meeting for a final review with strikethrough and underline. MOTION: By Vice Chairperson Moreno and seconded by Commissioner Colamarino to adopt PC Resolution 2009- 0032 approving PLN 2009-1333, Amendment #1 to CUP 2005-0160 based on findings and subject to Conditions of Approval with the changes listed: 2. Change San Ramon Road to Ramona Road. 3. No Change 4. Clarify that street improvements relate to notes on the building plans that indicate slurry sealing of Ramona Road. 7. Remove the words "upsize the culvert or." 10. Add language "this condition may be waived, as needed, by the City Engineer." 19. Change to "This area shall be fenced consistent with State requirements with a 6 -foot tall, green, vinyl clad chain link fence and landscaped." Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PC Minutes of 11/17/09 Page 4 of 5 DIRECTOR'S REPORT • The next Planning Commission Meeting on December 1, 2009, will be cancelled due to lack of items. There will be a meeting on December 15, 2009. • The City Council's last meeting of the year will be December 8, 2009. • The Colony Square Theatre did break ground, and Rite Aid has also broken ground. • The La Plaza Movie Theatre project has been given comments and corrections. • The Wal-Mart project is also moving forward, and a formal application will be submitted in the near future. • Streetscape is done and is looks nice, just in time for the Holiday Season. COMMISSIONER COMMENTS AND REPORTS Commissioner Colamarino asked Director Frace about the expected size of Wal-Mart. Director Frace indicated that it should be a smaller store from the conceptual plans he has seen. Commissioner Schmidt spoke about the last City Council meeting and the discussion about the Stimulus Program. He asked Director Frace if the projects that are mixed-use will be required to pay a capital facilities fee, and has the City had discussion with the Atascadero Mutual Water Company about the addition of residential uses in the downtown area and if they could use existing meters. Director Frace stated that the Stimulus Program would use Redevelopment set-aside money to basically do a partnership with downtown building owners to accommodate residential units. A deed restriction would loan $100,000 in redevelopment money in making the unit livable. All development pays capital facilities fees if they are residential or commercial. The smaller the unit is however, the smaller the fee is paid. The City is in the process of getting the Housing Element certified. When it is adopted, one of the policies will be to look at the fee structure. ADJOURNMENT - 8:25 p.m. The next regular meeting of the Planning Commission is scheduled for December 15, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary Il Cityhalftdvlpmnh - PC MinuteslPC Minutes 091PC Minutes 11 17 09.doc PC Minutes of 11/17/09 Page 5 of 5