HomeMy WebLinkAboutPC Minutes 06-05-12JUN 13, ?012
CITY OF AT
CITY OF ATASCA
PLANNING COMMISSIO
ACTION MINUTES
Regular Meeting — Tuesday, June 5, 2012 — 6:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER - 6:00 p.m.
Chairperson Ward called the meeting to order at 6:00 p.m. and Vice Chairperson
Schmidt led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Bentz, Cooper, Colamarino, Dariz, Vice
Chairperson Schmidt, and Chairperson Ward
Absent: Commissioner Wingett (excused absence)
Others Present: Recording Secretary Annette Manier
Scott Thorpe, Revenue Cost Specialists (RCS)
Jason Brandman, Michael Brandman Associates
Grant Gruber, Michael Brandman Associates
Steve Weinberger, Principal, W -Trans
Staff Present: Community Development Director Warren Frace
City Attorney, Brian Pierik
Director of Public Works -Engineering Russ Thompson
City Clerk, Marcia Torgerson
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by Vice
Chairperson Schmidt to approve the agenda.
Motion passed 6:0 by a roll -call vote.
PC Action Minutes of 6/5/12
Page 1 of 12
PUBLIC COMMENT
The following people spoke during the public comment: Ron Rothman, Ellen Beraud,
and Jim Shannon.
Chairperson Ward closed the Public Comment period.
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON MAY 15, 2012.
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to approve the agenda.
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
1. DEL RIO ROAD COMMERCIAL AREA SPECIFIC PLAN:
PLN 2007-1245 - WALMART SUPERCENTER / PLN 2007-1246 - THE ANNEX
SHOPPING CENTER /
PLN 2007-1183 - ANNUAL CIP REVIEW - 2012 UPDATE OF THE FIVE YEAR
CAPITAL IMPROVEMENT PLAN:
PRIORITIZATION OF THE DEL RIO ROAD / US 101 INTERCHANGE
PROJECT
PC Action Minutes of 6/5/12
Page 2 of 12
PLN 2007-1245 — Walmart Supercenter / PLN 2007-1246 — The Annex
Shopping Center
PLN 2007-1183 — Annual CIP Review — 2012 Update of the Five Year Capital
Improvement Plan:
Prioritization of the Del Rio Road / US 101 Interchange Project
.......... __.._... ......... _
Project Del Rio Commercial Area Specific Plan
Description: The Del Rio Commercial Area Specific Plan consists of two non-contiguous areas totaling
approximately 39.3± acres located at the intersection of EI Camino Real and Del Rio Road
in the City of Atascadero. The Specific Plan has two components:
Walmart component: A Walmart Supercenter store consisting of 129,560 square feet (sf),
two (2) 5,000 sf commercial outlots, and up to 44 multi -family residential units is proposed
to be developed on approximately 26.2± acres located at the southeast quadrant of the EI
Camino Real / Del Rio Road intersection.
Annex component: Approximately 120,900 sf of commercial uses including food and
beverage retail sales, general merchandise stores, eating and drinking places and one
single-family residential remainder parcel with up to 6 dwelling units is proposed to be
developed on approximately 13.1± acres at the northeast quadrant of the EI Camino Real /
Del Rio Road intersection and on the west side of EI Camino Real.
Approvals and entitlements necessary for the proposed project include the following:
• Environmental Impact Report certification
• General Plan Amendment
• Zoning Ordinance Text and Map Amendment
• Specific Plan adoption
• Specific Plan Master Plan of Development
• Tree Removal Permits
• Vesting Tentative Parcel Maps.
Capital Improvement Plan Component
The City of Atascadero is in the first fiscal -year of the 2011 — 2016 Five Year Capital
Improvement Plan (Capital Plan). The Atascadero Planning Commission is required to
annually review the Capital Improvement Plan and forward its findings to the City
Council. One of the main considerations of the proposed updated CIP is freeway
interchange improvements.
Traffic conditions and development patterns impact needed transportation improvements
over time, and require the City to update project priorities regularly. Based on the
current City Council focus on economic development, and recent environmental and
financial analysis of the Del Rio Specific Plan (Walmart / Annex Development), Staff
recommends that the Del Rio Road and San Anselmo Road interchanges be advanced
to the highest priority projects. Based on current and anticipated traffic levels (and near
term mitigation measures identified in the Del Rio Specific Plan) Staff recommends
revising the interchange improvements to the following:
1. Del Rio Interchange
2. San Anselmo Road
PC Action Minutes of 6/5/12
Page 3 of 12
3. Traffic Way roundabout at SB on-ramp
4. Curbaril Avenue Interchange
5. Santa Barbara Road Roundabout at NB on-ramp
6. Santa Rosa Road Interchange
Proposed Certification of Final Environmental Impact Report (SCH No.: 2010051034)
Environmental
Determination:
Staff
Staff recommends the Planning Commission:
Recommendation:
1. Adopt Resolution PC 2012-0005 recommending that the City Council adopt
Resolution "A", certifying Proposed Final Environmental Impact Report SCH No.
2010051034 for the Del Rio Road Commercial Area Specific Plan, including
Mitigation Monitoring Program, and Statement of Overriding Considerations; and,
2. Adopt Resolution PC 2012-0006 recommending the City Council adopt Resolution
"B", approving General Plan Land Use Diagram Amendment (GPA 2007-0020 and
GPA 2007-0021) based on findings; and,
3. Adopt Resolution PC 2012-0007 recommending that the City Council introduce
Ordinance "A" for first reading to establish zoning code text for Specific Plan Zone
2 (ZCH 2007-0141 and ZCH 2007-0142) based on findings; and,
4. Adopt Resolution PC 2012-0008 recommending that the City Council introduce
Ordinance "B" for first reading to approve a zoning map amendment (ZCH 2007-
0141 and ZCH 2007-0142), including a zoning overlay of the project site to "SP -2"
(Specific Plan Zone 2) based on findings; and,
5. Adopt Resolution PC 2012-0009 recommending that the City Council introduce
Ordinance "C" for first reading, for the adoption of Specific Plan Zone 2 (SP 2009-
0003) which includes the Del Rio Road Commercial Area Specific Plan and
Appendix documents, based on findings; and
6. Adopt Resolution PC 2012-0010 recommending the City Council adopt Resolution
"C", adopting Specific Plan Master Plan of Development (SP 2009-0003) for the
Del Rio Commercial Area, based on findings and subject to Conditions of Approval;
and,
7. Adopt Resolution PC 2012-0011 recommending the City Council adopt Resolution
"D", approving the Walmart Tree Removal Permit TRP 2009-0128, based on
findings and subject to Conditions of Approval; and,
8. Adopt Resolution PC 2012-0012 recommending the City Council adopt Resolution
"E", approving the Annex Tree Removal Permit TRP 2009-0127, based on findings
and subject to Conditions of Approval; and,
9. Adopt Resolution PC 2012-0013 recommending the City Council adopt Resolution
"F" to approve the Walmart Vesting Tentative Parcel Map AT 09-0073 (TPM 2009-
0095; Walmart) based on findings and subject to Conditions of Approval; and,
10. Adopt Resolution PC 2012-0014 recommending the City Council adopt Resolution
"G" to approve the Annex Vesting Tentative Parcel Map AT 07-0059 (TPM 2011 -
PC Action Minutes of 6/5/12
Page 4 of 12
0098; The Annex) based on findings and subject to Conditions of Approval.
11. Adopt Resolution PC 2012-0016 / "H" notifying the City Council that the Planning
Commission has found the 2012 Update of the Five -Year Capital Improvement
Plan consistent with the General Plan, based on findings.
12. Recommend the City Council allocate funds and direct staff to begin the permitting
and design process for the expansion of the Del Rio Road / US 101 interchange.
Commissioner Cooper announced he would be recusing himself from voting on the item
because he signed a card in support of the Walmart project. Chairperson Ward stated
that he was excused from the meeting. Commissioner Cooper left the room.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Colamarino — Received several emails, has had some
conversations with individuals, but has not spoken to the applicants.
• Vice Chairperson Schmidt — Received several emails and phone calls, but has
not spoken to any of the project proponents. Received a mailer from "Save
Atascadero."
• Commissioner Bentz — Received several emails, and turned his emails in to the
City Clerk tonight. He also received phone calls, however, he did not have any
lengthy conversations with the people on the phone; he thanked them for their
comments and hung up.
• Commissioner Dariz — Received several emails and phone calls, but has not
spoken to any representatives of the project.
• Chairperson Ward — Received several emails and phone calls. He received one
email that he responded to in regards to this meeting being televised.
Chairperson Ward asked each Commissioner if they felt they could be objective tonight
and could vote unbiased on the item and they all answered yes.
Community Development Director, Warren Frace gave an overview on the meeting
outline.
City Attorney, Brian Pierik stated that the City received a letter from Nicki Carlsen from
the law firm Alston & Bird LLP (Exhibit A) on June 4, 2012. Ms. Carlsen is the Attorney
for The Rottman Group and she has requested a continuance of this hearing. He has
reviewed this information with City staff, and it is his recommendation that we continue
this meeting tonight.
Warren Frace made a staff presentation on the Walmart project and then on the Annex
project, and introduced the applicants and consultants. Director Frace announced that
there were two Erratas and one supplemental information packet (3 total supplements)
that were distributed and posted online afterthe issuance of the agenda packet. There
PC Action Minutes of 6/5/12
Page 5 of 12
was also some additional correspondence received which was submitted to the
Planning Commission.
Scott Thorpe with RCS (Revenue Cost Specialists) said he would be happy to answer
any questions.
Grant Gruber, MBA, gave a presentation on the findings of the Environmental Review
Process.
Steve Weinberger, Principal with W -Trans, gave a presentation on the traffic analysis.
Warren Frace talked about the Fiscal Impact Analysis and said this is in the staff report.
The Planning Commission will make a recommendation to the City Council.
Commissioners asked questions of staff and the consultants. Warren Frace, Russ
Thompson, Steve Weinberger, Grant Gruber, and Brian Pierik answered questions from
the Commission.
Applicant Amelia McCleer, Senior Manager for Walmart Public Affairs in Central
California, gave a presentation on the Walmart project.
Ellen Berkowitz, representative of Walmart, answered questions on the oaks that will be
removed and she gave a presentation on the Walmart project and answered questions
from the Commission.
Robert Winslow, Engineer and Representative from the Rottman Group, talked about
the project. Rottman and Montecito Bank and Trust do not have an agreement about
the future of the parcel. There are no agreements between Rottman and Montecito
Bank. He asked the Commission not to recommend approval of the project and
requested a continuance. Director Frace said the City Attorney addressed the issue of
continuance earlier and the meeting will continue.
all 31[*Kole]LY, 1Ji1:464111
The following people spoke during the public comment: Ron Rothman, Richard Moen,
Stephen LaSalle (reading for Lee Perkins), Barbara Cerny -Ryan, Devin Decater,
Stephen Garrow, Icey Hagedorn, Julie Clark, Jan Wolff, David Broadwater (Exhibit B),
Madeline Rothman (Exhibit C), and Mike Anderson.
Chairperson Ward closed the Public Comment period to adjourn for a break at
8:30 p.m.
Chairperson Ward readjourned the meeting at 8:47 p.m. and reopened the public
comment period.
PC Action Minutes of 6/5/12
Page 6 of 12
The following people spoke during the public comment: Edward Veek, Shirley Lyons,
Ellen Beraud, Linea Bloomfield, John Bunyea, Nicole Ponek, Mark R. Wolfe, (Attorney
who submitted a letter (Exhibit D), Abby Rexroh, Linda Hendy (Atascadero Chamber of
Commerce), Gary Kirkland, Mary Lea Harris, Anthony Falcone, John Holman, Bob
Wilkins, Randy Lawrence, Anthony R. Kalvans, Franca Lansky, Hardy Nielsen, Fred
Frank, John Daly, Chuck Cooper, Terry Richardson, Constantino (Tino) Santos, Michael
Richardson, Gary Smith, Conner Whiteford, Sandy Jack, Daniel Martinez, Elizabeth Fry,
Jeff Brazzi, Garth Wilwand, Franny Falcone, Randy Ramirez, Chip Wullbrandt
(Montecito Bank & Trust), Jim Shannon III, Terresa Novak, Pete Novak, Richard
McVicker, Stephen Kauhn, Bob Arnold, and Nick Miller.
Chairperson Ward closed the Public Comment period.
Chairperson Ward adjourned the meeting for a break at 10:08 p.m.
Chairperson Ward readjourned the meeting at 10:30 p.m.
Chairperson Ward asked Director Frace to coordinate responses to questions brought
about during public comment. Steve Weinberger and Scott Thorpe addressed
interchange questions. Brian Pierik and Steve Weinberger answered questions about
Mr. Wolfe's letter (Exhibit D) Grant Gruber answered questions about Mr. Wolfe's letter.
Russ Thompson addressed questions about roundabouts, cost estimates, the project
initiation document, changes to the Capital Improvement Program (CIP), construction
impacts, and drainage between the two parcels. Warren Frace answered questions
about public safety, sound, projected sales tax revenue, and drive-thrus. Grant Gruber
answered questions about parking spaces.
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to extend the meeting past 11:00 p.m.
Motion passed 5:0 by a roll -call vote. (Cooper abstained)
Commissioner Colamarino explained that he would like to have something written in
response to Mr. Wolfe's letter. City Attorney, Brian Pierik addressed Mr. Colamarino's
concerns. Commissioner Colamarino explained why he would be voting no on the
project. His concerns with approval were the potential financial risks, potential litigation
risks, borrowing money from the Wastewater fund (which would be a gamble due to the
City's limited resources), and the expectation that the Annex will go swimmingly, all of
which make this project not a compelling deal.
PC Action Minutes of 6/5/12
Page 7 of 12
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0005, Resolution "A"
recommending the City Council certify the Final Environmental
Impact Report (FEIR) for the Del Rio Commercial Area Specific
Plan and adopt CEQA Findings of Fact Statement of
Overriding Considerations Mitigation Monitoring and
Reporting Program for the Del Rio Commercial Area Specific
Plan for Walmart Stores Inc. I The Rottman Group / Montecito
Bank and Trust, based on findings and subject to conditions
of approval, inclusion of erratas 1 and 2 and all
correspondence received on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0006, Resolution "B"
recommending the City Council approve General Plan Land
Use Diagram Amendments 2007-0020 and GPA 2007-0021
based on findings and subject to conditions of approval,
inclusion of erratas 1 and 2 and all correspondence received
on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0007, Ordinance "A"
recommending that the City Council adopt an ordinance
establishing a "Specific Plan Zone 2" Zoning Code Text
Amendment (ZCH 2007-0141 and ZCH 2007-0142) for the Del
Rio Commercial Area Specific Plan based on findings and
subject to conditions of approval, and inclusion of erratas 1
and 2 and all correspondence received on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
PC Action Minutes of 6/5/12
Page 8 of 12
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0008, Ordinance B Zoning
Map Amendment, recommending that the City Council adopt
an Ordinance approving a zoning map amendment (ZCH 2007-
0141 and ZCH 2007-0142) amending the official zoning map
designation for the Del Rio Commercial Area Specific Plan
based on findings and subject to conditions of approval, and
inclusion of erratas 1 and 2 and all correspondence received
on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0009, Ordinance C
Specific Plan Document Adoption, recommending that the City
Council introduce an ordinance adopting the Specific Plan
Document for the SP -2 Zoning district for the Del Rio
Commercial Area (SP 2009-0003) based on findings and
subject to conditions of approval and inclusion of erratas 1
and 2 and all correspondence received on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0010, Resolution "C"
Specific Plan Master Plan of Development, recommending that
the City Council approve the Specific Plan Master Plan of
Development for the Del Rio Road Commercial Area Specific
Plan based on findings and subject to conditions of approval
inclusion of erratas 1 and 2 and all correspondence received
on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
PC Action Minutes of 6/5/12
Page 9 of 12
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0011, Tree Removal Permit
for Walmart, recommending approval of tree removal permits
(TRP 2009-0128) to allow the removal of up to 120 native trees
located at the Walmart section of the Del Rio Road Commercial
Area Specific Plan, based on findings and subject to
conditions of approval and inclusion of erratas 1 and 2 and all
correspondence received on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0012, Tree Removal Permit
for The Annex, recommending approval of tree removal
permits (TRP 2009-0127) to allow the removal of up to 46
native trees located at the Annex section of the Del Rio Road
Commercial Area Specific Plan, based on findings and subject
to conditions of approval and inclusion of erratas 1 and 2 and
all correspondence received on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0013, Resolution "F"
Parcel Map — Walmart, recommending that the City Council
approve a Vesting Tentative Parcel Map 2009-0095 consistent
with the SP -2 Zone of the Del Rio Commercial Area Specific
Plan, based on findings and subject to conditions of approval
and inclusion of erratas 1 and 2 and all correspondence
received on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
PC Action Minutes of 6/5/12
Page 10 of 12
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0014, Resolution "G"
Parcel Map — Annex, recommending that the City Council
approve a Vesting Tentative Parcel Map 2011-0098 (AT 07-
0059) consistent with the SP -2 Zone of the Del Rio Commercial
Area Specific Plan, based on findings and subject to
conditions of approval inclusion of erratas 1 and 2 and all
correspondence received on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0016, Resolution "H"
Update to the Five -Year Capital Improvement Plan - finding
the 2012 update to the Five -Year CIP consistent with the
General Plan, based on findings and subject to conditions of
approval inclusion of erratas 1 and 2 and all correspondence
received on June 5, 2012.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to recommend the City Council allocate funds and direct
staff to begin the permitting and design process for the
expansion of the Del Rio Road / US 101 interchange, based on
findings and subject to conditions of approval, and inclusion
of erratas 1 and 2 and all correspondence received on June 5,
2012, with a special condition added for an agreement between
staff and the tenants at the Mission Oaks Annex Shopping
Center to meet regularly through any form of communication
convenient to discuss the timing and staging of road
construction issues to ensure that adequate access is always
provided to the Shopping Center.
Motion passed 4:1 by a roll -call vote. (Cooper abstained) (Colamarino opposed)
COMMISSIONER COMMENTS AND REPORTS
None
PC Action Minutes of 6/5/12
Page 11 of 12
DIRECTORS REPORT
• Director Frace announced that the next meeting is scheduled for June 19, 2012.
• Director Frace answered Chairperson Ward's questions on Colony Square.
ADJOURNMENT - 12:04 a.m. (wed. June 6, 2012)
The next regular meeting of the Planning Commission is scheduled for June 19, 2012,
at 6:00 p.m. 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 - Correspondence from Alston & Bird LLP
Exhibit B — Letter from David Broadwater
Exhibit C — Letter from Madeline Rothman
Exhibit D — Correspondence from m I r I wolfe & associates, p.c. attorneys -at -law
Adopted June 19, 2012
t:\— pc agendas\— pc minutes\pc minutes 12\pc actn minutes 6 5 12.am.docx
PC Action Minutes of 6/5/12
Page 12 of 12