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HomeMy WebLinkAboutPC Minutes 04-20-10CI TY OF A TA SCA DERO PLANNING COMMISSION MINUTES Regular Meeting - Tuesday, April 20, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Jack led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, City Engineer/Public Works Director Russ Thompson, Associate Planner Callie Taylor, Deputy Public Works Director David Athey, and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Minutes of 4/20/10 Page 1 of 9 PUBLIC COMMENT None Chairperson Moreno closed the Public Comment period. PLANNING COMMISSION BUSINESS 1. Chairperson Moreno a. Motion to Reconsider Commission action —April 6, 2010 2: Approval of Minutes of March 2, 2010 Chairperson Moreno explained her reason for requesting the motion. MOTION: By Commissioner Jack and seconded Bentz to reconsider Commission actio Approval of Minutes of March 2, 2010. Motion passed 7:0 by a roll -call vote. CONSENT CALENDAR None COMMUNITY DEVELOPMENT STAFF REPORTS by Vice Chairperson n — April 6, 2010 #2: Community Development Director Warren Frace introduced Alfredo Castillo, the new Assistant Planner in the Community Development Department. 2. PLN 2007-1222, TREE REMOVAL PERMIT FOR 5000 LLANO RD Property Owner/ Glenn Millhollin, 8758 E. Barstow, Clovis, CA 93611 Applicant: Janet & Bill Stockton, 8761 E. Barstow, Clovis, CA 93611 Certified Arborist: Robert Schreiber, 170 Terra St., Morro Bay, CA 93442 Project Title: PLN 2007-1222 / TRP 2008-0122 Project Location: 5000 Llano Road, Atascadero, CA 93422 APN 055-451-031 (San Luis Obispo County) Project Description: A request to remove fifteen (15) native Blue Oak trees and one (1) native Live Oak tree in order to construct a single-family residence and access driveway on a vacant lot. The trees proposed for removal range in size from 4 -inches to 29 -inches with a total DBH of 197 -inches requested for removal. Two of the trees are over 24 -inches PC Minutes of 4/20/10 Page 2 of 9 DBH, and therefore Planning Commission approval of the tree removals is required. Trees shall be mitigated according to the Atascadero Native Tree Ordinance. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. Chairperson Moreno explained that an Exhibit was just turned in tonight from John Ellis and stated there is a copy available at the back table. (Exhibit A) Associate Planner Callie Taylor addressed the items in Exhibit A. DISCLOSURE OF EX PARTE COMMUNICATIONS: None PUBLIC COMMENT: Janet and William Stockton, applicants, answered the questions regarding accessing the parcel from the north. They explained that they spent a lot of time trying to pick the most environmentally friendly way to design the project. The blue oak needs to come out to satisfy the Fire Department road clearance requirements. There were no questions from the Commission. John Ellis, banker, said he discovered that this project was coming before the Planning Commission last Thursday when he saw the lot posting. He spoke with some neighbors and did some quick research. He is representing other neighbors and put together the Rebuttal (Exhibit A). There are three critical path items; 1 -Tree Removal, 2- CEQA, and 3 -Financing. Financing is critical as most lenders are not doing construction loans. His purpose is to help the Commission make sure the right decision is made. He does not feel an urgency to take the trees out right now. He wants thoughtful thinking to go into the decision to create a happy friendly environment. William Stockton said his project has financing. Robert Schreiber, Certified Arborist, has been working on the project for awhile. He explained that the applicants have changed the access route three times trying to avoid trees. The applicants are doing the best they can with what they have. Mr. Schreiber answered questions from the Commission. Associate Planner Callie Taylor also answered questions from the Commission. Chairperson Moreno closed the public comment period. PC Minutes of 4/20/10 Page 3 of 9 Chairperson Moreno reiterated that the tree removals will not happen until the permits are pulled. In order for the permits to be pulled, the CEQA document must be approved. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to adopt PC Resolution 2010-0010 approving PLN 2007-1222, a Tree Removal Permit to allow the removal of sixteen (16) native trees totaling 197 inches dbh at 5000 Llano Road, subject to findings and conditions of approval. Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS 3. PLN 2009-1341, CONDITIONAL USE PERMIT FOR 6320-6490 EL CAMINO REAL, LA PLAZA CINEMA/RETAIL PROJECT Property Owner: Ben Hoff, LLC, PO Box 2153, Paso Robles, CA 93447 Applicant: Larry M. Wysong, 7025 Morro Road, Atascadero, CA 93422 Project Title: PLN 2009-1341 / CUP 2009-0244, RAB 2010-0019 La Plaza Cinema / Retail Project Project Location: 6320 — 6490 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-191-030, 031, 016, 017, and 030-193-003 Project Description: The project consists of a Conditional Use Permit for a 10 screen /1400 seat movie theatre (33,000± sf), retail space (2350± sf), and sit down restaurant (4330± sf) on a 1.5± acre site with no on-site parking, a height waiver exception request, a Tree Removal Permit for one 6 -inch White Oak and a Road Abandonment of a portion of Atascadero Mall and an easement along the EI Camino Real frontage. General Plan Designation: D (Downtown) Zoning District: DC (Downtown Commercial) 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 Determination: through 4/20/10 at 6907 EI Camino Real, City Hall, from 8:30 a.m. to 5:00 p.m., Monday through Friday, or at www.atascadero.org. Community Development Director Warren Frace and City Engineer/Public Works Director Russ Thompson gave the staff report. Director Frace explained that a Study Session took place on the project on March 11, 2010. Director Frace explained the Commission would be discussing height restriction waiver request, parking, economics, deferred plan submittals, staff recommended conditions, tree removal, and road abandonment. Staff is recommending that the architecture and landscape elements PC Minutes of 4/20/10 Page 4 of 9 come back for final Planning Commission review. The environmental document and proposed Mitigated Negative Declaration has been posted and the review period ends tonight. This project will go before the City Council for final approval on May 11, 2010. Staff is recommending a revision to Condition 6 to read "A Lot Line Adjustment shall be recorded prior to the issuance of any permits for the theatre building." Director Frace answered questions from the Commission. Public Works Director/City Engineer Russ approval of the Road Abandonment. Mr Commission. Thompson said staff is recommending the Thompson answered questions from the Deputy Public Works Director David Athey explained LID (Low Impact Developments). 1]6*91116b'i1J„7=Eel 2*:iLT,l i>i=Welkyil►TiU1►1KTAIle] 11PS • Commissioner Ward - None • Commissioner Colamarino — none • Vice Chairperson Bentz — none • Chairperson Moreno — In March she received a letter from Baffin Commercial Development Group, expressing disapproval for the project on behalf of Galaxy Theatres. About six months ago, she met with Mike Sherer and John Roush who explained the project to her. • Commissioner Jack — No recent discussion, however, during the initial phase of the project, he was invited to a meeting to see what the project looked like and to see the vision. • Commissioner Schmidt — When the project first came about, he spoke to Mike Sherer about the project. • Commissioner Sturtevant — He as well as the other Commissioners received an email from Wanda Bolt who was not in favor of the project (Exhibit B). He also received the letter from Mr. George Wm. Schroff, IV which was in their package (Exhibit C) Commissioner Colamarino understood from the Joint Session that there is an expectation that this project is one piece of a larger development. We heard that this theatre component will not go forward without the rest of the development, and that the rest of the development will not go forward without the theatre. He asked that this be put on the record. He also asked that the applicant explain for the record why we don't have all of the exhibits provided tonight which is typical process before you come before the Commission. Chairperson Moreno adjourned the meeting at 8:44 p.m. for a break. Chairperson called the meeting back to order at 8:50 p.m. PC Minutes of 4/20/10 Page 5 of 9 PUBLIC COMMENT Ms. Erin Uesugi, Architect, said she was at tonight's meeting with Dan Uesugi, from Uesugi & Associates in San Francisco. Ms. Uesugi gave a PowerPoint presentation on the La Plaza project and explained the reason behind the architecture for the La Plaza Cinemas. Ms. Uesugi also explained the historical significance behind the name La Plaza. Ms. Uesugi believes this project will be a strong catalyst for the downtown and will enhance the neighborhood. Ms. Uesugi answered questions from the Commission. Mr. John Roush, applicant, explained that he went through the deferral process because there is another theatre being built in town, the City has backed that project financially, and he is applying for a height restriction, road easements, and he needs to know all the answers before he can move forward. He needs to know if the project will be approved before he spends a great deal of money in architect fees. He is interested in this project because this is good for Atascadero. He is a resident and he thinks the City deserves this entire project. He won't build a theatre without the rest of the project. Mr. Roush also explained the potential possibilities for his project. Mr. Roush answered questions from the Commission. George Schroff spoke in opposition to the project. He thanked the Commission members who visited Galaxy theatres in Tulare. He has taken the time to review the Mitigated Negative Declaration and he has concerns. He cited Section 13, Population and Housing (P. 85 of the staff report) and parking. He turned in his comments for the record (Exhibit D). Charlie Carlin stated he was at the Study Session and noted that only two people spoke against the project. He said we have other competing businesses. We're bringing in people from Templeton, Creston, and other areas. Mr. Roush has great experience in building these top notch facilities and he asked the Commission to encourage this project. He believes we can support all of this. The architects behind this have been building theatres for 30 years and they have the knowledge. Joanne Main, Atascadero Chamber of Commerce, commends the developers for redeveloping this blighted area. Her hope is to see this whole block developed. She is concerned about the lack of parking. She thinks there will be an economic impact on neighboring businesses. Parking is something we need to be planned for. Monte Clouse, resident, said he is interested in how La Plaza would be integrated into the downtown core. He referred to page 77 of the staff report, (the Initial Study). He sees this differently and explained why. Palm trees connote southern California. We have everything to gain by being Central California. He asks if La Plaza goes forward, that the palm trees not be part of it. PC Minutes of 4/20/10 Page 6 of 9 Ben Hoff, property owner from Nashville, Indiana, has been reviewing these proceedings from afar. He spent 13 years being a City Attorney for Nashville, Indiana. He told the Commission that they have a duty tonight to give Mr. Roush a shot at this project since he (Mr. Roush) has done what he needs to do to bring a project before the City. Mr. Roush wants to enter into a contract with the City in good faith. He thinks Mr. Roush should be given this opportunity and be taken at his word. Robert Miller has a dental office on West Mall and has been there for 26 years. Some things have to be considered before the project moves forward. When the restaurant on the corner came, the immediate impact on his office was parking. His elderly patients have to walk quite a ways to get to the office during peak parking times. He is concerned there will be a real parking problem. Tom Comar went to the Study Session with concerns about having 20 screens in Atascadero. After the meeting, he changed his opinion about it. He spoke with others about having 20 screens and they said it would be good. He asked if an IMAX theatre might be a possibility. Karyn Sturtevant had the opportunity to go on the tour to Galaxy Theatres in Tulare. She said we are fortunate to have two movie theatres coming to Atascadero. She is equally excited to having La Plaza. We are going to go from having no theatres to having a choice. People from all over will come to Atascadero. We can choose whether we can go see a movie, an opera, or a sporting event. She is in support of the project. Mr. Roush answered questions raised during the public comment and stated there will be 133 parking spaces onsite. He does not plan to build an IMAX theatre because it is 6 stories tall. He does not believe IMAX will happen here. Chairperson Moreno closed the Public Comment period. Community Development Director Warren Frace answered questions raised during the public comment portion. There was discussion amongst the Commission regarding parking. Director Frace explained that staff's recommendation is the project should provide 25% of the required parking in off-street locations within 500 ft. of the site. It is the Commission's discretion to condition additional parking. Commissioner Ward stated that he is still concerned the potential impact on the Colony Square project. He hasn't heard anything tonight that gives him any comfort on that aspect. It was clearly previously stated that perhaps both theatres may operate at 50% capacity. PC Minutes of 4/20/10 Page 7 of 9 MOTION: By Vice Chairperson Bentz and seconded by Commissioner Jack to adopt PC Resolution 2010-0011 approving PLN 2009-1341, a Conditional Use Permit to allow a 39,680 sf building containing a 10 screen movie theatre, retail space and sit down restaurant with a height waiver exception request and a tree removal permit subject to findings and conditions of approval; and to adopt PC Resolution 2010-0012 recommending the City Council approve Road Abandonment 2010-0019 to summarily vacate portions of EI Camino Real and Atascadero Mall pursuant to Section 8331 of the California Streets and Highways Code, based on findings and conditions, including Condition 6, A Lot Line Adjustment shall be recorded prior to the issuance of any permits for the theatre building. Motion passed 6:1 by a roll -call vote. (Ward opposed) COMMISSIONER COMMENTS AND REPORTS Commissioner Ward said the Purple Heart trail signs will go up on Highway 101. A ribbon cutting ceremony will take place on Friday, and Assemblyman Sam Blakeslee will be present. He is hoping the press will interview some of the veterans. Rabobank is hosting the event, and will provide coffee in their board room and he invites the public to attend. Several brochures will be printed soon and distributed. This will have a positive impact on tourism in the City. DIRECTOR'S REPORT • The next meeting is scheduled for May 4, 2010, and there is a Tentative Parcel map on the agenda. • Walmart and Annex applications have been submitted. Walmart will host an Open House Meeting on May 5, 2010 from 10 a.m. to 7 p.m. at City Hall. Comment cards and a drop off box will be available for the public. There will be a Joint Scoping Session with the City Council and Planning Commission on May 25, 2010. • Tractor Supply is not moving forward quickly. Staff has been meeting with the developer to see if we can lend assistance, as they are having financing issues. ADJOURNMENT - 10:38 p.m. PC Minutes of 4/20/10 Page 8 of 9 The next regular meeting of the Planning Commission is scheduled for May 4, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A — Rebuttal of Draft Resolution No. PC 2010-0010 from John Ellis Exhibit B - Letter from Wanda Bolt in opposition to La Plaza Exhibit C — Letter from George Schroff in opposition to La Plaza, dated 4-11-10 Exhibit D — Letter from George Schroff in opposition to La Plaza, dated 4-19-10 \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 10\PC Minutes 4 20 10.doc PC Minutes of 4/20/10 Page 9 of 9