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HomeMy WebLinkAboutPC Minutes 09-07-10CITY OF ATASCADERO PLANNING COMMISSION ACTION MINUTES Regular Meeting — Tuesday, September 7, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Vice Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Jack led the Pledge of Allegiance. ROLL CALL Present: Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, Sturtevant, and Ward Absent: Chairperson Moreno (excused absence) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: PUBLIC COMMENT None PC Action Minutes of 9/7/10 Page 1 of 6 By Commissioner Jack and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 6:0 by a roll -call vote. PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON AUGUST 17, 2010. MOTION: By Commissioner Jack and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2010-1369, TENTATIVE CONDOMINIUM PARCEL MAP AND MINOR CONDITIONAL USE PERMIT FOR 8760 CURBARIL AVE. Property Eric and Vicky Winslow, PO Box 6014, Atascadero, CA 93423 Owner/Applicant: Project Title: PLN 2010-1369 / Tentative Condominium Parcel Map 2010-0097/ Minor Conditional Use Permit 2010-0251 Project 8760 Curbaril Ave., Atascadero, CA 93422 Location: APN 030-141-038 (San Luis Obispo County) Project A proposed condominium map over an existing lot of record to create three (3) airspace Description: condominiums. Parcel 1 will remain as an existing single-family residence and detached garage that will remain. Parcel 2 and Parcel 3 will be located at the rear of the lot and contain a single-family residential unit on each lot. A Conditional Use Permit is required due to the conversion of existing unit. General Plan: Medium Density Residential (MDR) Zoning: Residential Multi -Family -10 (RMF -10) Proposed Exempt per CEQA Section 15315: Minor Land Divisions. Environmental Determination: PC Action Minutes of 9/7/10 Page 2 of 6 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Vice Chairperson Bentz and Commissioner Ward visited the site. Assistant Planner Alfredo Castillo gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following citizens spoke during Public Comment: Eric Winslow and Barak Miles. Mr. Winslow answered questions from the Commission. Vice Chairperson Bentz closed the Public Comment period. Vice Chairperson Bentz re -opened the Public Comment period. The following citizens spoke during Public Comment: Eric Winslow. Mr. Winslow addressed Commissioner Jack's comments. Vice Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Jack to refer the item back to staff for additional information relative to Homeowner Association options and lighting options. Motion failed due to lack of a 2nd. MOTION: By Commissioner Colamarino and seconded by Commissioner Ward to adopt Resolution PC 2010-0018 approving PLN 2010- 1369, Tentative Parcel Map 2010-0097 for condominium purposes, a request to divide one parcel totaling .28 -acres into three (3) airspace parcels and approving Minor CUP 2010-0251 based on findings and subject to conditions of approval. Commissioner Sturtevant stated he has concerns about the storm drain funding and asked if the maker of the motion (Colamarino) and the second (Ward) to consider amending their motion by adding Item G to Condition 8 to include the following: "The CC&Rs and HOA include a provision for a funding mechanism for the storm water retention." Vice Chairperson Bentz called for a vote but Commissioner Jack stated he still feels the Commission needs to address a funding source for the HOA so that three or five years PC Action Minutes of 9/7/10 Page 3of6 from now, the funding is there to maintain the property in a way the Commission envisions it. Vice Chairperson Bentz rephrased what Commissioner Jack was asking for as follows: "Add to Condition G that the homeowner and CC&Rs shall have rules and regulations in place for the maintenance of the total project area for the life of the project." Vice Chairperson Bentz asked if this wording is acceptable to the maker of the motion (Colamarino) and the 2nd (Ward). Discussion ensued and Commissioner Schmidt stated that the Department of Real Estate would require an operating a budget which is the mechanism to provide the funding for maintenance of the common areas. Commissioner Jack withdrew his request to add the amended wording to the motion. Vice Chairperson Bentz stated that Mr. Winslow said he would accept a condition of incorporating an HOA. Discussion ensued. Commissioner Colamarino asked Director Frace if he feels it's necessary to add an HOA. Director Frace answered questions and provided clarification on HOAs and the Department of Real Estate. Vice Chairperson Bentz asked the maker of the motion (Colamarino) and the 2nd (Ward) if they would agree to the amendments. Commissioner Colamarino said he would agree to the first amendment (made by Commissioner Sturtevant) but not the 2nd amendment to the motion (made by Commissioner Jack). Commissioner Ward was in agreement with Commissioner Colamarino. MOTION: By Commissioner Colamarino and seconded by Commissioner Ward to adopt Resolution PC 2010-0018 approving PLN 2010-1369, Tentative Parcel Map 2010- 0097 for condominium purposes, a request to divide one parcel totaling .28 -acres into three (3) airspace parcels and approving Minor CUP 2010-0251 based on findings and subject to conditions of approval, and adding Item G to Condition 8, "A funding mechanism for the operation and maintenance of the storm water drainage system." Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked Director Frace about Assembly Bill (AB811) and Director Frace gave the Commission an update. PC Action Minutes of 9/7/10 Page 4of6 DIRECTOR'S REPORT • Director Frace gave an update on current projects within the City. • Director Frace said he would be briefing the Council in October on the new Green Building Code, and will also be presenting the Greenhouse Gas Inventory Report. • Director Frace stated that the next Planning Commission meeting is scheduled for September 21, 2010; however, currently there are no items for that agenda so it may be cancelled. ADJOURNMENT - 8:20 p.m. The next regular meeting of the Planning Commission is scheduled for September 21, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary \\cityhall\cdvlpmnt\- pc minutes\pc minutes 10\pc actn minutes 9 7 10.doc PC Action Minutes of 9/7/10 Page 5 of 6 PC Action Minutes of 9/7/10 Page 6 of 6