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Home My WebLink AboutPC Minutes 12-15-09CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting - Tuesday, December 15, 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 Schmidt 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, Deputy Director of Public Works/Engineering David Athey, and Senior Planner, Mimi Whitney. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Minutes of 12/15/09 Page 1 of 6 PUBLIC COMMENT - None Chairperson Jack closed the Public Comment period. PLANNING COMMISSION BUSINESS - None CONSENT CALENDAR Commissioner Sturtevant asked that items 3 and 4 be pulled and voted on separately since he was absent at the November 17, 2009 meeting. Vice Chairperson Moreno asked that the minutes reflect what she thought was a yes vote by Commissioner Schmidt on Page 5 of 6 of the October 20, 2009 minutes. Commissioner Schmidt confirmed that he voted yes. Annette Manier, Recording Secretary, agreed to change the minutes if the vote was a yes vote. 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 20, 2009. 2. APPROVAL OF THE 2010 PLANNING COMMISSION MEETING SCHEDULE. MOTION: By Commissioner Bentz and seconded by Commissioner Sturtevant to approve items 1 and 2 on the Consent Calendar. Motion passed 7:0 by a roll -call vote. 3. APPROVAL OF THE FINAL RESOLUTION AND CONDITIONS OF APPROVAL FOR PLN 2009-1333, CUP AMENDMENT AND TREE REMOVAL PERMIT FOR 2600 RAMONA ROAD AND 6075 CONEJO ROAD. 4. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 17. 2009. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve items 3 and 4 on the Consent Calendar. Motion passed 6:0 by a roll -call vote. (Sturtevant abstained) PC Minutes of 12/15/09 Page 2 of 6 COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 5. PLN 2099-0626, TENTATIVE TRACT MAP AND TREE REMOVAL PERMIT FOR 9080 SAN RAFAEL ROAD Property Weston O'Reilly, 67297 Sargents Rd., San Ardo, CA 93450 Owner/Applicant: Project Title: PLN 2099-0626/TTM 2006-0085/TRP 2009-0133 Project Location: 9080 San Rafael Road, Atascadero, CA 93422 APN 045-353-023 (San Luis Obispo County) Project Description: The project consists of an application for a Tentative Tract Map to create five (5) residential parcels on an existing lot of record. The existing lot is 14.17± acres with an average 5.79 % slope for the 5 parcels. The parcels will be 3.25 acres, 2.73 acres, 2.75 acres, 2.72 acres and 2.72 respectively. Seventeen (17) native Blue Oaks, Valley Oaks, and Live Oaks totaling 232 inches DBH are proposed for removal. The proposed residences will take access from San Rafael Road and will be served by on-site septic systems. General Plan Designation: RE (Rural Estates) Zoning District: RS (Residential Suburban) Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Environmental Declaration (MND) is proposed. The MND is available for public review at 6907 EI Determination: Camino Real from 8:30 a.m. to 5:00 p.m., Monday through Friday. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward visited the property, saw no one, and received the memo from Tami Poe suggesting the Commission call if assistance was needed, and he declined to call. • Commissioner Colamarino received the same memo and he didn't follow-up. • Commissioner Bentz visited the property, received the same email, but did not respond to the email, and spoke with no one. • Chairperson Jack visited the property, met Tami Poe at the property, and walked the site. She showed him where the proposed building envelopes were, and they looked at the trees. • Vice Chairperson Moreno received the email from Tami Poe and did not follow- up. She visited the site. • Commissioner Sturtevant visited the site and spoke with no one. PC Minutes of 12/15/09 Page 3 of 6 • Commissioner Schmidt received the same email, but responded to Tami that at the time of the email, they had not received their packets yet. After he reviewed his packet, he determined that he did not need to contact her. He also visited the site. Mimi Whitney, Senior Planner, gave the staff report and answered questions from the Commission. She explained that there will be a few less trees removed because of the recent storm and distributed a revised Tree Mitigation Form (Exhibit A). These fees are paid with the building permits. Director Warren Frace and Deputy Director of Public Works/Engineering David Athey also answered questions of the Commission. PUBLIC COMMENT Tami Poe, Tami Poe Land Use Planning & Consulting, agent for the applicant, explained that the map has gone through 2 or 3 surveying companies. A&T Arborists knows the dimensions of the trees and explained that their report is the most accurate. She asked for clarification about Condition #28. David Athey, Deputy Director of Public Works addressed Ms. Poe's questions. She also asked about clarification on the Department of Fish and Game fees. Brenda Noel stated that the cul-de-sac road is very close to that section where the red house is now and asked why that road is so close to the fence. Tami Poe answered Ms. Noel's questions. Paul Hyman asked about the Suburban Estates designation and if that means it will be a locked or gated road. He also asked that with the referenced utility easement, if anything is going to be done with it, or would it impede, improve, or impact pedestrian traffic. He also asked about Eagle Ranch and how San Rafael was an access corridor. He believes the applicant should be responsible for the impact on the road, or there should be a way to address this in the future. Director Frace and Deputy Director of Public Works, David Athey answered Mr. Hyman's concerns. Chairperson Jack closed the Public Comment period. PC Minutes of 12/15/09 Page 4 of 6 MOTION: By Commissioner Sturtevant and seconded by Commissioner Bentz to adopt PC Resolution 2009-0033 approving PLN 2099-0626, a vesting Tentative Tract Map 2006-0085 and Tree Removal Permit at 9080 San Rafael Road, based on findings and subject to Conditions of Approval. Commissioner Schmidt asked the motion be amended to include adding the requirement to comply with Atascadero Mutual Water Company's conservation measures. The makers of the motion agreed. MOTION: By Commissioner Sturtevant and seconded by Commissioner Bentz to adopt PC Resolution 2009-0033 approving PLN 2099-0626, a vesting Tentative Tract Map 2006-0085 and Tree Removal Permit at 9080 San Rafael Road, based on findings and subject to Conditions of Approval with an amendment to the Conditions adding a requirement to comply with the Atascadero Mutual Water Company's conservation measures. Motion passed 7.0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt, stated that he did some follow-up up from the last public hearing in relation to the discussion about easements, and whether or not a person can or cannot grant an easement to themselves. He researched the California Civil Code, Section 803, and found a section that basically states that you cannot grant yourself your own easement. He stated that typically the way jurisdictions get around this is to have easement agreements or restrictive covenants recorded. When the property is sold, the easement is automatically created. He asked if maybe the City could look at this and change the language. Chairperson Jack thanked Director Frace for providing the information on the La Plaza Theatre corrections applicant meeting, and asked for an update on the project. Director Frace said that the project is still out for corrections with the applicant. PC Minutes of 12/15/09 Page 5 of 6 DIRECTOR'S REPORT • Walmart submitted their revised application and gave the City a $100,000 deposit to begin the EIR, so the project is underway. The new project is a 117,000 sq. ft. store with a grocery store. The Tire Lube Express and Garden Center were eliminated. The store will have a drive -up pharmacy. The project went from approximately 26 to approximately 21 acres. The remainder will be additional commercial pads and some multi -family housing sites. There have been no changes to the Annex project, a 110,000 sq. ft. retail project. The next step will be to host a community open house at City Hall. A Joint Scoping Session with the Planning Commission and City Council will follow. • There is a new State requirement beginning January 1, 2010, which requires all cities and counties to apply a fairly stringent requirement to all landscaping and irrigation systems. The City Council will adopt an ordinance through the Building Code. This will be a new requirement for all building permits that come through the Community Development Department. Information will be disseminated as it comes forth. • The book, "Life of an Oak' which was distributed to the Planning Commission, are compliments from the California Oak foundation. • The next meeting is scheduled for January 5, 2010. ADJOURNMENT - 8:10 p.m. The next regular meeting of the Planning Commission is scheduled for January 5, 2010, 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 — Tree Mitigation Form PC Minutes of 12/15/09 Page 6 of 6