HomeMy WebLinkAboutPC Minutes 12-06-11'JAN 17 2012
CITY OF ATMCADE
CITY OF A mscAbfft
PLANNING COMMISSION
ACTION MINUTES
Regular Meeting — Tuesday, December 6, 2011 — 7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Schmidt
led the Pledge of Allegiance.
R()I I rAI I
Present: Commissioners Colamarino, Cooper, Dariz, Schmidt, Wingett, Vice
Chairperson Ward, and Chairperson Bentz
Absent: None
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace, Deputy Director
of Public Works -Engineering David Athey, Associate Planner Callie
Taylor, and Assistant Planner Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Schmidt and seconded by Vice
Chairperson Ward to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PUBLIC COMMENT
None
PC Action Minutes of 12/6/11
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PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION
MEETING ON NOVEMBER 15, 2011.
2. APPROVAL OF 2012 PLANNING COMMISSION MEETING SCHEDULE.
MOTION: By Commissioner Schmidt and seconded by Commissioner
Dariz to approve the Consent Calendar.
Motion passed 7:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
3. PLN 2011-1399 / TREE REMOVAL PERMIT FOR 6907 EL CAMINO REAL
Property Owner/Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Certified Arborist:
A & T Arborists, PO Box 1311, Templeton, CA 93465
Project Title:
PLN 2011-1399 / TRP 2011-0151
Atascadero Creek Pedestrian Bridge, Tree Removal & CEQA Certification
Project Location:
Atascadero Creek Reservation #3-B, APN 029-361-003 (Behind City Hall)
Project Description:
A downtown pedestrian bridge is planned over Atascadero Creek to connect the
Sunken Gardens to Colony Square. Construction of the bridge includes removal
and/or significant trimming of up to six native trees. Removals and/or significant
trimmings consist of two (2) sycamores (removal of stump sprouts and south truck
only), two (2) black walnuts, one (1) 4 -inch live oak, and one (1) dead tree which is
identified as either a cottonwood or a sycamore (identification difficult due to condition
of dead tree). Only branches or trunks which directly interfere with the bridge
installation shall be removed.
General Plan Designation: Open Space
Zoning District: Open Space
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is
Proposed
proposed for Planning Commission certification. The Mitigated Negative Declaration is
Environmental
available for public review from 11/7/11 through 12/6/11 at 6907 EI Camino Real,
Determination:
Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through
Thursday.
PC Action Minutes of 12/6/11
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Associate Planner Taylor gave the staff report and answered questions from the
Commission. This project went before the Design Review Committee (DRC) on
November 10, 2011.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Schmidt and seconded by Commissioner
Cooper to approve PC Resolution 2011-0022, certifying
Mitigated Negative Declaration 2011-0003 and approving PLN
2011-1399 / TRP 2011-0151 / PPN 2011-0249 to allow the
removal and/or significant trimming of up to six (6) native
trees, including two (2) sycamores, two (2) black walnuts, one
(1) 4 -inch live oak, and one (1) dead cottonwood/sycamore
(species unclear due to condition of tree) for the downtown
pedestrian bridge at APN 029-361-003.
Motion passed 7:0 by a roll -call vote.
PUBLIC HEARINGS
4. PLN 2099-0818, AMENDMENT TO CUP 2005-0175 AND TPM 2005-0080 FOR
13000 ATASCADERO AVE. (PREVIOUSLY EAGLE CREEK GOLF COURSE)
Property Owner/Applicant:
Kevin MCGurty, 14002 San Antonio Road, Atascadero, CA 93422
Project Title:
PLN 2099-0818, Amendment to Amendment to CUP 2005-0175 and TPM 2005-0080
Eagle Creek Golf Course, Conversion to Residential Structures
Project Location:
13000 Atascadero Ave., Atascadero, CA 93422
APN 045-391-020 and 025 (San Luis Obispo County)
Project
An amendment to the 2007 Conditional Use Permit and Tentative Parcel Map is currently
Description:
being proposed. The current property owner is proposing not to complete the site grading,
access road, or new landscape in the open space area which was proposed by the
previous owner and conditioned with the project in 2007. The existing structures near
Atascadero Road (previously the golf course restaurant, club house, and storage buildings)
would be converted into 2 single-family residences, consistent with the current General
Plan Land Use Designation, Zoning, and Planned Development overlay.
Zoning: Residential Single Family -Y (RSF-Y) with P-8 overlay
General Plan Designation: Single Family Residential -Y (SFR -Y)
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration
Proposed
(MND) is proposed for Planning Commission certification. The MND is available for
Environmental
public review from 11/17/11 through 12/6/11 at 6907 EI Camino Real, Community
Determination:
Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday.
PC Action Minutes of 12/6/11
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DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Wingett drove by the project, but did not speak with anyone.
• All other commissioners — None.
Associate Planner Taylor gave the staff report. Associate Planner Taylor and Deputy
Director Athey answered questions from the Commission. This project went before the
Design Review Committee (DRC) on October 13, 2011.
PUBLIC COMMENT
The following people spoke during public comment: Kevin McGurty and Nick Medrano.
Staff answered questions from the public.
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Schmidt and seconded by Vice Chairperson
Ward to 1. Adopt Resolution 2011-0023, certifying proposed
Mitigated Negative Declaration 2011-0004, and 2. Adopt PC
Resolution 2011-0024 approving an Amendment to CUP 2005-
0175 (Master Plan of Development) based on findings and
subject to Conditions of Approval and Mitigation Monitoring;
and 3. Adopt PC Resolution 2011-0025 approving an
Amendment to TPM 2005-0080 based on findings and subject
to Conditions of Approval and Mitigation Monitoring, with
removal of the reference to the public sewer easement along
Santa Barbara Road in CUP condition 20 & TPM condition 11
and exhibits.
Motion passed 7:0 by a roll -call vote.
5. PLN 2007-1190 AMENDMENT TO CUP 2007-0203 FOR 9525 GALLINA
COURT
Property
Milan and Ruth Vrajich, 9525 Gallina Court, Atascadero, CA 93422
Owners/Applicants:
Project Title:
PLN 2007-1190 Amendment to Conditional Use Permit 2007-0203
Project Location:
9525 Gallina Court, Atascadero, CA 93422
APN 054-272-025 (San Luis Obispo County)
PC Action Minutes of 12/6/11
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Project
The proposed project consists of an application for an Amendment to a Conditional Use
Description•
Permit of a previously approved Conditional Use Permit (PLN 2007-1190) to increase
the number of residential care patients from 10 patients to 15 patients at an existing
residential care facility located at 9525 Galina Court
Zoning: Residential Suburban (RS)
General Plan Designation: Residential Estate (RE)
Proposed
Environmental
Class 1 CEQA Exemption: Existing Facilities.
Determination:
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Schmidt drove down the street and looked at the project location.
• Commissioner Wingett drove by the property; buy did not speak with anyone.
• All other Commissioners — None.
Assistant Planner Castillo gave the staff report. Assistant Planner Castillo and Deputy
Director Athey answered questions from the Commission. The Commission received
an email and attachment from Pat Stone (Exhibit A) and an email from John Ellis
(Exhibit B).
Commissioner Dariz asked about the exhibits and asked staff if the CC&R's should
weigh in on their decision, or if they should base their decision on City regulations.
Assistant Planner Castillo stated that staff based their findings on what is permissible in
State law and our Municipal Code. This application meets that criteria. If the
Commission were to find a recommendation for denial, it would need to be based on the
neighborhood -compatibility issue. If the HOA chooses to act regarding the CC&R's,
they could act on their own in a civil matter. The Planning Commission can only make
decisions based on the consistency findings. The State limits the size of this facility.
PUBLIC COMMENT
The following people spoke during public comment: Milan Vrajich, Corinn Klise, Pat
Stone, John Ellis, and Gregg Cobarr. Neighbors asked the Commission for a
postponement of the decision by the Commission.
Mr. Vrajich answered questions from the Commission and addressed concerns and
questions raised by his neighbors.
The Commission had additional discussion about the project and the CC&R's.
Commissioner Colamarino stated he believes this 50% increase will create a
neighborhood compatibility issue, and for this reason, he will be voting no on the staff
recommendation.
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Chairperson Bentz re -opened Public Comment period.
The following people spoke during public comment: Pat Stone.
Chairperson Bentz closed the Public Comment period.
Chairperson Bentz confirmed that the Planning Commission can only uphold the law
that is in the Municipal Code. The CC&R's must be enforced by individuals who own
property.
Vice Chairperson Ward said he was in agreement with Commissioner Colamarino and it
would be reasonable to delay this and have the Homeowners Association try to work
something out, and bring it back to the Planning Commission.
MOTION: By Commissioner Schmidt and seconded by Commissioner
Cooper to adopt PC Resolution 2011-0020, a Resolution of the
Planning Commission approving an Amendment to PLN 2007-
1190 / CUP 2007-0203 to establish a 15 -client residential care
facility located at 9525 Gallina Court.
Motion passed 5;2 by a roll -Call vote. (Colamarino, Ward Opposed)
6. PLN 2099-0284, RECONSIDERATION OF CUP 2005-0161 FOR 8900, 8910 EL
CAMINO REAL
Property
James Duty, 8787 Plata Lane #3, Atascadero, CA 93422
Owners/Applicants-
Robert Davis, 8787 Plata Lane #5, Atascadero, CA 93422
Project Title:
PLN 2099-0284 Reconsideration of Conditional Use Permit 2005-0161
Project Location:
8900, 8910 EI Camino Real, Atascadero, CA 93422
APN 056-051-033 (San Luis Obispo County)
Project
The proposed project consists of an application for a Reconsideration of a Conditional
Description:
Use Permit to permit construction of Phase II storage building. The new building would
include 1,000 sf expansion of an existing automotive repair shop and 2,920 sf of
additional indoor storage for a total of 3,920 sf building, consistent with the previous
project approval of a 4,000 sf future storage building.
Zoning: Commercial Service (CS)
General Plan Designation: Service Commercial (SC)
Proposed Environmental
Project Consistent with Adopted Mitigated Negative Declaration 2005-0031.
Determination:
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• None
PC Action Minutes of 12/6/11
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Assistant Planner Castillo gave the staff report and answered questions from the
Commission. The project went before the DRC on November 10, 2011.
PUBLIC COMMENT
The following people spoke during public comment: Robert Davis.
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Colarnarino and seconded by Commissioner
Dariz to adopt PC Resolution 2011-0021, a Resolution of the
Planning Commission approving an Amendment to CUP 2005-
0161 to allow construction of a 3,920 sf transmission shop and
accessory storage building at APN 056-051-033.
Motion passed 7:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTORS REPORT
• Director Frace stated that the next meeting is scheduled for December 20, 2011,
but currently there are no items for the agenda, so it may be cancelled. The first
meeting in the new year will be held on Jan 17, 2012.
• Director Frace gave an update on the Walmart/Annex project; we are looking at
making some changes to the EIR Consultant Contract.
• Director Frace gave an update on the Eagle Ranch project. There may be a
meeting on January 24, 2012 to review the project in further detail.
ADJOURNMENT - 8:45 p.m.
The next regular meeting of the Planning Commission is scheduled for December 20,
2011, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
MINUTES PREPARD BY:
7
Annette Manier, Recording Se retary
The following exhibits are available in the Community Development Department.
Exhibit A — Correspondence from Pat Stone
Exhibit B — Correspondence from John Ellis
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