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Home My WebLink AboutPC Minutes 05-04-10CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting - Tuesday, May 4, 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 Sturtevant 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, Associate Planner Callie Taylor, and Deputy Public Works Director David Athey 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 5/4/10 Page 1 of 5 PUBLIC COMMENT None Chairperson Moreno closed the Public Comment period. PLANNING COMMISSION BUSINESS Chairperson Moreno asked Community Development Director Frace about the status on the taping of the meetings since she had inquired about this at the meeting on April 6, 2010. Director Frace explained that staff is operating on the direction that when there is a public hearing item, the meeting will be taped. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 6. 2010. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 20, 2010. MOTION: By Commissioner Sturtevant and seconded by Vice Chairperson Bentz to approve the Consent Calendar. Motion passed 7.0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 3. PLN 2010-1356, TENTATIVE PARCEL MAP AT 6955 BALBOA ROAD Property Berry Family Trust, James Berry, 6955 Balboa Rd., Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2010-1356 / TPM 2010-0096 Project 6955 Balboa Road, Atascadero, CA 93422 (San Luis Obispo County) Location: APN 050-071-012 Project The proposed project consists of a Tentative Parcel Map to divide one parcel in the Description• Residential Suburban (RS) Zone into two parcels. The RS Zone has 2.5 acre (gross) minimum lot size. The existing lot is 5.33 acres (gross area) with an average slope of 7%. Parcel 1, which contains an existing single-family residence, is proposed at 2.83 PC Minutes of 5/4/10 Page 2 of 5 Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. Ms. Taylor explained that the applicant has requested a modification to the conditions (Exhibit A). It is staff's opinion that the modification would not be consistent with the Municipal Code and therefore, cannot be approved by Planning Commission, since it is not under Planning Commission's discretion to approve these modifications. The Subdivision Ordinance requires that frontage improvements are done with the subdivision in compliance with General Plan standards. It would not be consistent with the Zoning Ordinance to approve something different. Staff is recommending the Planning Commission approve the project as presented. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Chairperson Moreno — None • Vice Chairperson Bentz — None • Commissioner Colamarino — None • Commissioner Jack — None • Commissioner Schmidt — None • Commissioner Sturtevant — None • Commissioner Ward - None Deputy Public Works Director David Athey answered questions from the Commission regarding the Public Improvement standards, bike lanes, current rural collector standards, and Graves Creek Road. The City standards are City -specific standards, but are based off of design from the State's design criteria. Community Development Director Warren Frace explained that the Commission does not have the discretion to waive City road standard requirements. The path to address this would be if the applicant applied for an appeal to the City Council. Director Frace answered questions from the Commission in relation to the General Plan which is tied into the Public Works standards adopted by the City Council. Requirements are consistent with existing development throughout the City. The City needs to be consistent. PC Minutes of 5/4/10 Page 3 of 5 acres (gross). Parcel 2 is proposed at 2.50 acres (gross) and would be a vacant lot for future development as a single-family parcel. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Class 15 Categorical Exemption: Minor Land Division of fewer than four parcels Environmental Determination: Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. Ms. Taylor explained that the applicant has requested a modification to the conditions (Exhibit A). It is staff's opinion that the modification would not be consistent with the Municipal Code and therefore, cannot be approved by Planning Commission, since it is not under Planning Commission's discretion to approve these modifications. The Subdivision Ordinance requires that frontage improvements are done with the subdivision in compliance with General Plan standards. It would not be consistent with the Zoning Ordinance to approve something different. Staff is recommending the Planning Commission approve the project as presented. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Chairperson Moreno — None • Vice Chairperson Bentz — None • Commissioner Colamarino — None • Commissioner Jack — None • Commissioner Schmidt — None • Commissioner Sturtevant — None • Commissioner Ward - None Deputy Public Works Director David Athey answered questions from the Commission regarding the Public Improvement standards, bike lanes, current rural collector standards, and Graves Creek Road. The City standards are City -specific standards, but are based off of design from the State's design criteria. Community Development Director Warren Frace explained that the Commission does not have the discretion to waive City road standard requirements. The path to address this would be if the applicant applied for an appeal to the City Council. Director Frace answered questions from the Commission in relation to the General Plan which is tied into the Public Works standards adopted by the City Council. Requirements are consistent with existing development throughout the City. The City needs to be consistent. PC Minutes of 5/4/10 Page 3 of 5 PUBLIC COMMENT Cameron Tapp, applicant, stated that his wife is executor to the estate. He thanked the Commission for asking questions. He said they cannot proceed with the project with the current conditions and standards as written. The lot is a corner lot and it is 900 feet, so making the improvements would be a lot of expense. He met with the City Engineer, Russ Thompson, to discuss some logical alternatives which he has proposed on road improvements and conforming landscapes and grading (Exhibit A). He is looking for guidance at this point on how to proceed. If it passes as is, it will not be developed. Mr. Tapp answered questions from the Commission. Chairperson Moreno closed the Public Comment period. Chairperson Moreno asked Director Frace to explain the appeal process. Director Frace explained the underlying issue is consistency. The Engineering Standards are clear. This could get appealed to the Council at a cost to the applicant of $460. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to adopt PC Resolution 2010- 0013 approving PLN 2010-1356, Tentative Parcel Map 2010-0096 (AT 10-0010) a request to subdivide one lot at 6955 Balboa Road currently 5.33 acres gross into two lots at 2.83 and 2.50 acres gross each based on findings and subject to conditions of approval. Motion passed 7.0 by a roll -call vote. Chairperson Moreno asked Director Frace for guidance on the procedure to ask Council to address this issue. Director Frace explained the Commission would need to put together consensus, and then he will put together a memo to the City Council. Each commissioner stated their reasons behind supporting or not supporting a motion in favor of making a recommendation to the City Council. All Commission members except Commissioner Colamarino were in agreement with asking the City Council to take a 2nd look at the road requirements along Graves Creek Road: MOTION: By Vice Chairperson Bentz and seconded by Commissioner Schmidt to ask the City Council to look at the road requirements along Graves Creek Road. Motion passed 6:1 by a roll -call vote. (Colamarino opposed) PC Minutes of 5/4/10 Page 4 of 5 COMMISSIONER COMMENTS AND REPORTS Commissioner Ward said the last two weeks have been historic period for the veteran's community. He spoke about the dedication ceremony for the unveiling of the first Purple Heart Trail signs going up on Highway 101. He complimented the local newspaper, the Atascadero News, on the front page article that was published. Two television stations covered the event as well as the press and radio. The signs are continuing to go up this week. The Purple Heart Trail brochure is now being distributed at 100 different locations throughout the county. This will have a positive impact on our City. Commissioner Ward stated the flags are missing from the Carlton Hotel and they have set their clock tower to current time. In two weeks, there will be fresh new flags there, and it may come out in the newspaper. DIRECTOR'S REPORT • Director Frace said that the Walmart Open House is scheduled for tomorrow, May 5t", from 10 a.m. to 7 p.m. and is open to public. It will be hosted by Walmart and the Annex Shopping Center developers. City staff will be there to host a comment card box and there will be a sign -in list for upcoming meeting notifications. • On May 25, 2010, at 6 p.m., there will be a Joint City Council and & Planning Commission meeting to review the Walmart project and scoping for the EIR. The Notice of Preparation will be issued next week. • The La Plaza project will be heard by the City Council on May 11, 2010. Road easement documents have come in. • Currently there are no items on the Planning Commission agenda for May 18t" This meeting may be cancelled. ADJOURNMENT - 8:06 p.m. The next regular meeting of the Planning Commission is scheduled for May 18, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibit is available in the Community Development Department: Exhibit A - Memorandum from Caltie Taylor to the Planning Commission regarding applicant's request for modifications. \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 10\PC Draft Minutes 5 4 10.doc PC Minutes of 5/4/10 Page 5 of 5