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HomeMy WebLinkAboutPC_2004-06-01_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting June 1, 2004 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Kelley Vice Chairperson Jones Commissioner Fonzi Commissioner Peterson Commissioner Beraud Commissioner O'Keefe Commissioner Porter APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 4, 2004. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 18, 2004. COMMUNITY DEVELOPMENT STAFF REPORTS 3. REVIEW OF CITY COUNCIL DEVELOPMENT POLICIES 4. DISCUSSION OF 2004 LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSION WORKSHOP PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) None COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on June 15, 2004, at the Pavilion on the Lake, 9315 Pismo Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at the Pavilion on the Lake, 9315 Pismo Ave., Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). ITEM NUMBER: 1 DATE: 6-1-04 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting May 4, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner Peterson led the Pledge of Allegiance Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter and Chairperson Kelley Absent: Vice Chairperson Jones Staff Present: Community Development Director Warren Frace, City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Civil Engineer Jeff van den Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson, and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Commissioner Beraud to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT Orem CONSENT CALENDAR 1. ACCEPTANCE OF FINAL MAP 2004-0068: TPM 2003-0051 3600 MARICOPA (SHORES / WILSON LAND SURVEYS). MOTION: By Commissioner O'Keefe and seconded by Commissioner Porter to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2004-0048, 6350 SAN GABRIEL ROAD Request to remove one (1) Coast Live Oak tree, 48 -inches in diameter located at 6350 San Gabriel Road. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Tom Graves, applicant, gave a brief history of the tree and explained the need for its removal. Mr. Graves questioned the need to pay mitigation fees on a tree that is dangerous and needs to be taken down. Mr. Graves answered questions of the Commission. Commissioner Beraud pointed out that in his report the arborist had inaccurately specified that the fencing should be six feet from the base of the tree rather than at the drip line, she would like that corrected for the benefit of the construction workers. Chairperson Kelley closed the Public Comment period. Commissioner O'Keefe expressed her concern with the error by the arborist failing to correctly identify the tree, and the fact that a for -sale sign is on the property. She stated it was premature to consider the tree removal at this time. MOTION: By Chairperson Kelley and seconded by Commissioner Fonzi adopt Resolution PC 2004-0046 to approve the request to remove one 48 -inch Valley Oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, with the following changes: 1. Reference to the Coastal Live Oak should be changed to Valley Oak throughout the report. 2. Reference to mitigation and replacement planting should be changed from $400 to $800 and from 8 five -gallon trees to 16 five -gallon trees 3. Revise Condition of Approval No. 1 to read: "Prior to removal of the tree the applicant shall pay the tree mitigation fees as calculated for deciduous native tree or the applicant shall submit a replanting plan for review and approval by the Community Development Department. A replanting plan shall be for 16 five -gallon native trees or a combination of 15 -gallon and five -gallon trees equal to the required 16 five -gallon trees. All planting shall be completed prior to final inspection for the construction project. 4. Protective fencing shall meet the requirements of the Atascadero Native Tree Ordinance. Motion passed 4:2 by a roll -call vote. (Beraud and O'Keefe opposed) Commissioner O'Keefe stated for the record that she voted against the tree removal because she thinks it is premature as it is uncertain if the house will be built on that particular site and because the arborist had incorrect information, which neither the arborist nor staff picked up. 3. TREE REMOVAL PERMIT 2004-0047, HIDDEN OAKS APARTMENTS Request to remove one (1) 24 -inch and one (1) 9 -inch native Blue Oak tree. Assistant Planner Lisa Wilkinson provided the staff report and answered questions of the Commission. PUBLIC COMMENT Gaylen Little, applicant, described the problem with the two trees requested for removal and explained the measures he had taken to preserve the trees. He asked the Commission to remove the mitigation fee for the 24 -inch tree and stated he would be glad to plant additional trees for the nine -inch tree, however 15 -gallon Blue Oak trees are not currently available, so he will plant Live Oaks. Chairperson Kelley closed the Public Comment period. Commissioner O'Keefe stated that the applicant had worked diligently to save trees on the property. She agrees there are no 15 -gallon Blue Oaks available and asked if the Commission could change the recommendation leaving it up to the arborist and applicant to determine which trees would best survive on the site. MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to adopt Resolution PC 2004-0047 to approve the request to remove one 24 -inch and one nine -inch native Blue Oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance and allowing the arborist and applicant to substitute other native trees, those that would be most likely to survive there. Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 4. CONDITIONAL USE PERMIT 2003-0116,2705 EL CAMINO REAL Applicant: Laughlin Development Co., 479 Pacific Street, Ste. 2A, Monterey, CA 93940, Phone: 831-655-3142 Project Title: Emerald Ridge Homes (CUP 2003-0116) Project Location: 2705 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-151-011 Project The proposed project consists of an application for a Conditional Use Permit to establish Description: a 45 -unit condominium development. Each unit will have a one- car garage with one additional parking space located in the private driveway. One historic Colony home exists on site and is proposed for demolition. Five (5) native Sycamore trees are proposed for removal. General Plan Designation: High Density Multi -Family Zoning District: Residential Multi -Family — 16 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 at Determination: 6905 EI Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Peter Laughlin, applicant's representative, stated they feel this project is of a superior quality with units that will satisfy a need in the community for for -sale affordable housing. He spoke about the project and their attempts to accommodate pedestrian pathways and open space. Mr. Laughlin answered questions of the Commission. Commissioner Beraud asked the applicant if building "F" could be changed to a four -unit footprint to allow approximately 20 foot more open space area between buildings F and D. Mr. Laughlin agreed to the change. Additionally, Commissioner Beraud expressed concern about the landscaping plan not being in compliance with the arborist report's recommendations. Mr. Laughlin stated he understood the project was conditioned to follow the arborist's report and their tree protection plan. Upon further questioning by Commissioner Beraud, the applicant indicated that attempts would be made in coordination with staff to move the garbage enclosure and utilities to decrease impact to the existing trees. Larry Bruchon, landscape designer, answered questions regarding the discrepancies between the arborist's report and the landscape design. He assured the Commission that they would follow the arborist's report and the tree protection plan. Pursuant to a question by Commissioner Fonzi, Mr. Laughlin indicated he has no problem with providing grass in front of the homes. Chairperson Kelley asked Mr. Laughlin if he would attempt to preserve the Colony House by trying to relocate it. Mr. Laughlin stated he would and indicated they had looked at preserving it in the beginning, but there are concerns over the structural integrity of building; however, no structural engineer has looked at the Colony House at this time. Commissioner Fonzi questioned if the applicant would consider retaining the home on the site. Mr. Laughlin stated they would have to look at the structural analysis; it could be incorporated on the site, but they would have to look at how it would be an asset to the project. Marge Mackey asked that the Colony House not be demolished, and would prefer that it be moved. She stated if the applicant offered the home to someone to move it, they would get many takers. Mrs. Mackey indicated she would like to see an element of the General Plan that would protect Colony Houses. Lon Allen, President of Atascadero Historical Society, spoke about the Colony period, the houses left from that time and the importance to the history of Atascadero that they be preserved. Mr. Allen stated it should be the City's decision on whether or not to save Colony houses; it should not be left up to the developer. He urged the Commission to require this house be saved. Ken Marks stated he has been involved with several condominium projects and addressed the idea of a loop road, which he felt would be a disaster unless the City accepted dedication and maintenance of the road. Regarding the Colony home, Mr. Marks felt the City should provide property to relocate the home if it is going to require the home to be moved. Mary Lee Torrey indicated that her property adjoins this development and expressed several concerns: 1) this development replaces a single family home with 45 condominiums, 2) the buffers do not meet City standards, 3) will have a negative impact on the surrounding area, 4) the number of trees that have been cut down on the property, 5) no recreational areas are planned for this development, and 6) the elimination of an important Colony home. Chairperson Kelley closed the Public Comment period. Chairperson Kelley made the following comments: 1. The Colony House needs to be preserved and moved to another area as long as it can be don safely. 2. The elevation on EI Camino Real shows a lot of repetition, the applicant should do something with the design to break it up. 3. More open space is needed. 4. If the road is to be opened up there must be a different design to bring it up to City standards. However, he is willing to accept the project as is. Commissioner Beraud suggested the Commission consider a 20 -foot setback, as the adjoining property's home is close to this project's property line. Commissioner Porter stated he would be in support of a resolution that would preserve the original Colony Home. He would also support 43 or 42 units in favor of open space, as there should be more open space on the project than what is currently proposed. Commissioner Porter commended the condo project as a first step for new homeowners. Commissioner O'Keefe stated she has no problem with a 10 -foot buffer, as it is unfair to impose a new policy on a project that was in the process prior to its creation. She would also support fagade changes to create interest in front of the project, the use of drought tolerant plants, and moving the utilities. Commissioner Fonzi gave her opinion that if the Colony Home could not be moved it must stay on the site and not be demolished. She stated that Atascadero highly values its Colony Homes and unless this home will be preserved she can't support the project. Commissioner Peterson would like to see landscaping and fagade enhancement along EI Camino Real. He stated open space is important to accommodate children. He agreed that the 10 -foot setback should not be changed. Regarding the Colony Home it was his position that every effort must be taken to save the home. Commissioner Beraud expressed her support for preserving the Colony house, and stated her concern that since there is some doubt about the arborist's report, the trees should be bonded to insure the tree protection is implemented. MOTION: By Chairman Kelley and seconded by Commissioner Porter to adopt Resolution PC 2004-0049 certifying Proposed Mitigated Negative Declaration 2004-0014, and adopt Resolution PC 2004-0050 approving the Master Plan of Development (CUP 2003-0116) approving the project with the maximum allowable density of 42 units based on findings and subject to Conditions of Approval and Mitigation Monitoring, and adopt Resolution PC 2004-0051 approving Tentative Tract Map 2003- 0039 with the maximum allowable density of 42 airspace condominium units based on findings and subject to Conditions of Approval and Mitigation Monitoring adding the following conditions: 1. The applicant to work with staff to modify the elevations that are exposed to EI Camino Real to make them look more like individual units. 2. The applicant to work with staff to increase the open space. 3. The applicant to make every possible effort to preserve the Colony House by relocating it to a different piece of property within town and at that time the Planning Department to streamline the permit process. 4. Adopt staff's amended Conditions of Approval: A. Condition CUP 5 and 6 added to Condition No. 6 and TTM Condition No. 8 B. CUP No. 14 has been revised to include additional tree mitigation consistent with the proposed project request. 5. Applicant and his engineer will work with staff and the utility companies to design a utility system that will protect the trees, and the landscape designer will work with staff to use drought resistant plants as much as possible. Motion passed 6:0 by a roll -call vote. 5. TENTATIVE PARCEL MAP 2004-0056, 7287 SANTA YSABEL AVE. THIS ITEM TO BE CONTINUED TO MAY 18, 2004 Applicant: Gregory Ravatt, 1460 N. Higuera Street, #201, San Luis Obispo, CA 93401, Phone: 786-4391 Project Title: Tentative Parcel Map 2004-0056 Project Location: 7287 Santa Ysabel Ave., Atascadero, CA 93422, San Luis Obispo County APN 030-091-050 Project A proposed condominium map creating three airspace units and one common lot for three Description: detached units on a multi -family lot. The parcel is slightly sloped. Native trees are not proposed for removal. City sewer will serve the property, and water is available from the Atascadero Mutual Water Company. General Plan Designation: High Density Residential Zoning District: Residential Multi -family — 16 (RMF -16) Proposed The project qualifies for a Class 3(b) Categorical Exemption, which exempts the conversion Environmental and/or construction of small structures including multi -family projects of less than 4 units that Determination: do not otherwise create a negative impact. MOTION: By Commissioner Fonzi and seconded by Chairperson Kelley to reschedule Item #5 to the next regularly scheduled Planning Commission meeting. Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Keefe referred to an article in the paper regarding problems with getting permits processed and delays with engineering, and asked staff to comment. Director Frace explained about the record increases on a yearly basis in the number of permits requested and its effect on processing times. Commissioner Beraud asked if there would be time at the end of the next Commission meeting for staff and Commissioners who attended the Planning Conference to make a brief presentation. Director Frace indicated it would not be likely as the next meeting would be very lengthy. Commissioner Fonzi stated she had heard Director Frace on "Sound Off" and that he represented the City very well. DIRECTOR'S REPORT Community Development Director Frace reviewed the agenda for the next Planning Commission meeting. He indicated he would look for a time that would be appropriate for sharing information on the Planning Conference. ADJOURNMENT Chairperson Kelley adjourned the meeting at 9:20 p.m. to the next regularly scheduled meeting of the Planning Commission on May 18, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary ITEM NUMBER: 2 DATE: 6-1-04 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting May 18, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:01 p.m. and Commissioner Porter led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter, Jones and Chairperson Kelley Absent: None Staff Present: Community Development Director Warren Frace, Deputy Public Works Director Jeff van den Eikhof, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. APPROVAL OF AGENDA Commissioner Fonzi suggested removing Items #10 and 11 from the agenda, as it might not be possible to complete the entire agenda before 11:00 p.m. Chairperson Kelley stated he would monitor the progress of the agenda and if a point is reached where it appears it will not be possible to hear those items and be done by 11:00 p.m., they will be rescheduled for the next meeting. MOTION: By Commissioner O'Keefe and seconded by Vice Chairperson Jones to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT Eric Greening indicated he agreed with the policy to not go past 11:00 p.m. stating that the public is entitled to decisions made with sharp brains, which become less effective as the night progresses. He suggested it be a matter of policy that meetings not go past 11:00 P.M. Ann Ketcherside stated that under California Code 65302 there are seven mandatory elements of General Plans, she expressed concern that these are not included in Atascadero's General Plan. Chairperson Kelley closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 20, 2004. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 4, 2004. 3. ACCEPTANCE OF FINAL MAP 2004-0076: TPM 2003-0053, 3210 TRAFFIC WAY (GILLESPIE / WILSON LAND SURVEYS). 4. ACCEPTANCE OF FINAL MAP 2004-0071: TPM 2003-0048, 8710 OLD SANTA ROSA ROAD (BALDWIN / TWIN CITIES SURVEYS). 5. ACCEPTANCE OF FINAL MAP 2004-0072: LLA 2003-0048, 8945 & 8955 CURBARIL AVE. (HIGHLAND / BECKWITH / TWIN CITIES SURVEYS). Commissioner Beraud pulled Items #1 and 2. Item #1: Commissioner Beraud stated that she wanted to clarify her additional conditions added to the motion on Page 4 of the April 20, 2004 Planning Commission Minutes as follows: 2) should read: "any tree with more than 5% impact will be bonded by the developer or by the applicant." 4) should read: "that the project can be an assessment district or a homeowners association, whichever would work out best." 6) add to end of sentence: "for water conserving landscaping." Eric Greening referred to page 9, paragraph 3 and corrected the spelling of "Mike Burn" to "Mike Byrne." There was commission Consensus to accept these clarifications. Item #2: Commissioner Beraud referred the Minutes for May 4, 2004, and asked that the following be added to her discussion with the applicant: "The applicant agreed that building "F" would be changed to a four -unit footprint to allow approximately 20 foot more open space area between buildings F and D. Additionally, Commissioner Beraud expressed concern about the landscaping plan not being in compliance with the arborist report's recommendations and applicant stated the map would be redone to reflect the arborist's report and attempts made as well in coordination with staff to move the garbage enclosure and utilities to decrease impact to the existing trees. " The Recording Secretary stated she would listen to the tapes of the May 4, 2004 meeting, correct the minutes accordingly and resubmit for Commission approval. MOTION: By Vice Chairperson Jones and seconded by Commissioner Porter to approve Consent Calendar Items #1 as amended, 3, 4 and 5. Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS 6. TENTATIVE PARCEL MAP 2004-0056, 7287 SANTA YSABEL AVE. Applicant: Gregory Ravatt and Bettina Mayer, 1460 N. Higuera Street, #201, San Luis Obispo, CA 93401, Phone: 786-4391 Project Title: Tentative Parcel Map 2004-0056 Project 7287 Santa Ysabel Ave., Atascadero, CA 93422, San Luis Obispo Location: County, APN 030-091-050 Project A proposed condominium map creating three airspace units and one Description: common lot for three units on a multi -family lot. The parcel is slightly Project Title: sloped. Native trees are not proposed for removal. City sewer will serve the property, and water is available from the Atascadero Mutual Water Company. General Plan Designation: High Density Residential Zoning District: Residential Multi -family — 16 (RMF -16) Proposed The project qualifies for a Class 3(b) Categorical Exemption, which Environmental exempts the conversion and/or construction of small structures Determination: including multi -family projects of less than 4 units that do not otherwise create a negative impact. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. She asked that Condition of Approval No. 44 be deleted. PUBLIC COMMENT Greg Ravatt, applicant, indicated he was in agreement with all conditions of the staff report. Mr. Ravatt answered questions of the Commission. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to adopt Resolution PC 2004-0048 approving Tentative Parcel Map 2004-0056, a request to establish two airspace units on one common lot, based on findings and subject to conditions and the findings as presented in the staff report. Motion passed 7:0 by a roll -call vote. 7. GENERAL PLAN AMENDMENT 2004-0012, ZONE CHANGE 2004-0079: AMENDMENT OF SECOND RESIDENTIAL UNIT REGULATIONS IN SINGLE- FAMILY ZONING DISTRICTS. Applicant: City of Atascadero, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422, Phone: 461-5000 Project Title: General Plan Amendment 2004-0012 / Zone Change 2004-0079: Amendment of second residential unit regulations in Single -Family Zoning Districts. Project Location: Applies Citywide to all Single -Family Residential Districts (RS: Residential Suburban, RSF-Z: Residential Single -Family 1.5 — 2.5 - acre lot minimum, RSF-Y: Residential Single -Family 1.0 -acre lot minimum, RSF-X: Residential Single -Family 0.5 -acre lot minimum.) Project The project consists of a proposed text amendment to the City Description: of Atascadero General Plan and Zoning Ordinance to allow second units in all single-family zonings. Amendments will include changes to zoning district uses, the accessory structure section and adoption of a new second unit section. Proposed The proposed project has been determined to qualify for a Environmental Statutory Exemption from the California Environmental Quality Act Determination: under Section 15282(1). Community Development Director Warren Frace gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ann Ketcherside spoke about the announcement for this agenda item and referred to a section that was against the California codes. (Exhibit A) Joann Main, Atascadero Chamber of Commerce, stated the Chamber has studied this issue and feels this is an excellent way to provide housing for the elderly and younger people. She urged the Commission to listen to the public and support this. Jerry Rio, Workforce Housing Coalition of San Luis Obispo County, explained the Coalition's support for this ordinance. Eric Greening urged the Commission to ask for more information on impacts to roads, water and other public services before making this decision. Sandy Hastings stated her opposition to allowing second dwellings on less than one acre due to their impact on the rural atmosphere of the city. Stu Thompson expressed his concern that lots are being reduced in size, which may impact neighboring property values. He does not support this ordinance. Robert Clebs urged the Commission to consider this ordinance positively. Ted Miles stated he would build a unit for his mother if this passes and that he agrees with the requirements City has recommended. Dorothy Bennet spoke in support of allowing second units. Zonk Thompson stated this was a well thought out ordinance and would provide needed affordable housing. Rollin Brown spoke in favor of the second unit ordinance. William Mehring spoke in support of allowing a minimum of 1200 square feet for second units. Alan Kraushaar expressed his concerns about the impacts of this ordinance and suggested a phase in limit for the first year. Susie Vanmentheisen stated her support for allowing second units. Jason McKuen spoke in favor of allowing second units. Greg Slane stated his support for allowing 1200 square feet for second units to accommodate the needs of the handicapped. Joanne Tellinslow expressed her support for this ordinance. Patricia Graybell indicated she supports second units as a way of taking care of family members. Joel Clay spoke in support of second units and felt impacts would not be as great as some had stated. Hal Cardin indicated he was strongly in favor of a second unit ordinance, but it must be dealt with in a controlled fashion. Glen Horn stated he was very much in favor of this ordinance and that he supports increasing the size of second units to 1200 square feet. John Jagger expressed his support for allowing second units. Karen Boycourt expressed her concern with allowing second units on one acre or less. Ann Ketcherside stated her concerns that laws may be broken and this may be used by developers to add rentals and create lot splits. Eric Greening stated that the Commission was not obligated to use the categorical exemption on the policy/general plan level and urged them to seek more information. Sandy Hastings stated she would agree to units on three or more acres, but was not supportive of having them on one -acre lots. Karen Boycourt indicated she would have no problem with allowing second units on larger lots. Chairperson Kelley closed the Public Comment period. Chairperson Kelley suggested a scale that would allow anything over '/2 acre to have 1250 square feet; anything under would have 1,000. Commissioner Beraud stated there is a need for second units, however, this is a state mandated issue and as such there would be no public review. She would support the following: 1) input from the Fire Department on service to outlying areas, 2) change to two acres for either sewer or septic, 3) prohibit second units in planned developments and nonconforming lots, 4) an owner occupied clause to prevent use as rental units, 5) a limit on the number of second units allowed per year, and 6) an amnesty program. Commissioner O'Keefe indicated she supports second units conceptually, but not the way this is being proposed. Her concerns included: 1) no requirement for environmental review, 2) 800 square feet is adequate for a rental unit and allows for greater control, larger units create more impacts. She would like more information before proceeding further. MOTION: By Chairperson Kelley and seconded by Vice Chairperson Jones to adopt Resolution PC 2004-0058 recommending the City Council approve General Plan Amendment 2004-0012; and, adopt Resolution PC 2004-0059 recommending the City Council approve Zone Change 2004-0079 with the addition, for City Council consideration, of an increase for the residences of up to 1250 square feet on any lot over a half acre, and restricted to 1000 square feet on anything under a half acre. Motion passed 5:2 by a roll -call vote. (O'Keefe, Beraud opposed) Chairperson Kelley recessed the hearing at 8:42 p.m. Chairperson Kelley called the meeting back to order at 8:51 p.m. 8. GENERAL PLAN AMENDMENT 2004-0013, ZONE CHANGE 2004-0081, ZONE CHANGE 2004-0080, CONDITIONAL USE PERMIT 2004-0104: MORRO ROAD MIXED USE. Applicant: Rick Mathews, PO Box 863, Atascadero, CA 93423, Phone: 466-6263 Project Title: General Plan Amendment 2004-0013 / Zone Change 2004- 0081, Zone Change 2004-0080, Conditional Use Permit 2004- 0104: Morro Road Mixed Use Project 8315 Morro Rd, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-242-012 Project The proposed project consists of an application for a General Description: Plan Amendment, Zone Change, and Conditional Use Permit for a commercial/residential mixed-use development located on a .411 -acre parcel within the Commercial Professional (CP) Zoning District. The lot is a double frontage lot fronting on both Morro Rd. and Amapoa Ave. Three new buildings are proposed on site as follows: Building #1 includes approximately 2700 square feet of office space located along the Morro Rd. frontage with 2 attached 2 -bedroom residential units facing Amapoa Ave. Building #2 includes approximately 1660 square feet of office space with 1 studio apartment on the second. Building #3 includes a 2 -bedroom residence along the Amapoa Ave. frontage. The project includes no native tree removals. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CP) Proposed Based on the initial study prepared for the project, a Mitigated Environmental Negative Declaration is proposed. The proposed Mitigated Determination: Negative Declaration is available for public review from 4/28/04 through 5/17/04 at 6905 EI Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Rick Mathews, applicant, stated he appreciates the work staff has done on this project, spoke about how the design benefits the neighborhood, and expressed his pleasure in being able to save almost all the conifers on the site. Mr. Mathews answered questions of the Commission. Eric Greening stated this was a well designed and thought out project. He expressed concern about drainage and questioned how this site would behave in a major rainfall event. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner Beraud and seconded by Commissioner Fonzi to adopt Resolution PC 2004-0060 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0015; and, adopt Resolution PC 2004-0061 recommending that the City Council approve General Plan Amendment 2004-0013 based on findings; and, adopt Resolution PC 2004-0062 recommending that the City Council introduce an ordinance for first reading by title only to approve Zone Text Change 2004-0081 establishing a PD -22 overlay district based on findings; and, adopt Resolution No. PC 2004- 0063 recommending that the City Council introduce an ordinance for first reading by title only to approve Zone Change 2004-0081 based on findings; and, adopt Resolution No. PC 2004-0064 recommending that the City Council approve Master Plan of Development (CUP 2004-0128) based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 7:0 by a roll -call vote. 9. GENERAL PLAN AMENDMENT 2003-0010, ZONE CHANGE 2003-0075, CUP AMENDMENT 2001-0047, TENTATIVE TRACT MAP 2004-0053, TRP 2004- 0049: 7257 PARRIZA CT. Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422, Phone: 461-7504 Project Title: General Plan Amendment 2003-0010, Zone Change 2003-0075, CUP Amendment 2001-0047, Tentative Tract Map 2004-0053, Tree Removal Permit 2004-0049 Project 7257 Parriza Court, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-081-027, 033 Project The proposed project is a request for a Zone Change (ZCH), Description: Amendment to a Conditional Use Permit (CUP) and a Tentative Tract Map (TTM). The Zone Change would establish a Planned Development No. 7 overlay on the site, subject to a master plan of development (CUP) that would allow 1 single- family residence to be constructed. The Tentative Tract Map would adjust the boundary between two existing lots to allow for construction of one single-family residence. The project would be subject to architectural and landscape standards consistent with the existing Parriza Court neighborhood. The project site is slightly sloping with existing residential development on one lot. The application also includes a request to remove one 48" dbh native tree. General Plan Designation: General Commercial (GC) and High Density Residential (HDR) Zoning District: Commercial Retail (CR) and Residential Multi - Family -16 (RMF -16) Proposed Environmental This project is within the scope of certified Mitigated Negative Determination: Declaration 2002-0009 prepared for Conditional Use Permit 2001- 0047. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None Commissioner Beraud commented that the commercial zoning should be retained on this project, and she is not in agreement with adding another building on the site. She questioned how well the applicant has complied with the original PD 7 conditions particularly in regard to the proposed elevations. MOTION: By Commissioner Porter and seconded by Vice Chairperson Jones to adopt Resolution No. PC 2004-0054, recommending that the City Council recertify Mitigated Negative Declaration 2003-0007; and, adopt Resolution No. PC 2004-0055, recommending that the City Council introduce an ordinance for first reading to approve General Plan Amendment 2003- 0010 changing the land use designation for Lot 10 of Tract 2446 from GC to HDR; and, adopt Resolution No. PC 2004-0056 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0075 changing the Zoning District from CN (Commercial Neighborhood) to RMF -16 (Residential Multi Family), 16 dwelling units per acre and extending the PD 7 overlay over Lot 10 of Tract 2446; and, adopt Resolution No. PC 2004-0057 recommending that the City Council approve Amendment to Conditional Use permit 2001-0047 extending the Master Plan of Development over Lot 10 of Tract 2446, subject to findings and conditions of approval; and, adopt Resolution No. PC 2004-0058 recommending that the City Council approve Tentative Tract Map 2004-0053 allowing for the adjustment of boundaries between Lots 10 and 6 of Tract 2446 and recommending approval of TRP 2004-0049 allowing for the removal of one 48 - inch Valley Oak, subject to mitigation, findings and conditions of approval and to add a condition that the driveway will be restored to its original condition. Motion passed 5:2 by a roll -call vote. (Beraud, O'Keefe opposed) 10.TENTATIVE TRACT MAP 2004-0051, SOUTHEAST CORNER OF MORRO RD. AND ATASCADERO AVE. Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, Phone: 461-7504 Project Title: Tentative Tract Map 2004-0051 Project Southeast corner of Morro Road and Atascadero Avenue, Location: Atascadero, CA 93422 (San Luis Obispo County) APN 031-052-024 Project The proposed application consists of a request for a subdivision Description: of commercial property resulting in the creation of 5 parcels, each containing one commercial building currently under construction. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CP) Proposed Consistent with previously certified Mitigated Negative Environmental Declaration 2003-0010 for the approved commercial/office Determination: buildings. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. An addendum was added that Condition No. 6 includes a maintenance agreement for all common areas. PUBLIC COMMENT — None MOTION: By Commissioner O'Keefe and seconded by Vice Chairperson Jones to Adopt Resolution PC 2004-0059 approving Tentative Tract Map 2004-0051 based on findings and subject to Conditions of Approval with the addition to Condition No. 6 regarding the maintenance agreement. Motion passed 7:0 by a roll -call vote. 11. CONDITIONAL USE PERMIT 2004-0123: HALCON ROAD (WOODLANDS). Applicant: R.W. Hertel & Sons, Inc., 5200 Telegraph Road, Ventura, CA 93003 Project Title: Conditional Use Permit 2004-0123 Project 11555 Halcon Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-411-001, 045-412-001, 045- 311-001, 045-401-015, 045-411-016 Project The proposed project consists of an application to construct 100 Description: apartment units and 35 townhouse units on a 9.57 -acre site as identified within the previously approved Woodlands Specific Plan. Proposed Consistent with previously certified Mitigated Negative Environmental Declaration 2003-0026 for the Woodlands Specific Plan. Determination: Deputy Community Development Director Steve McHarris provided the staff report and answered questions of the Commission. The following addendums and clarifications were made to the original staff report: 1. Page 280, the numbers are reversed for the apartment size versus the town home size. 2. Page 280, the Project Summary Table should indicated that the Community Pool/Tot Lot is for the apartment complex, not the town homes. 3. The project description is for a 41 -lot subdivision. 4. Page 286, Parking Table, the two totals of 310 spaces are required and are provided. 5. Page 288, Tree Tables, the first table represents the single-family residential portion of the project and the second table is for the multi family portion. 6. Page 332, Condition No. 1 should read 9.57 -acre site, not 9.45. 7. Page 333, Condition No. 11 correct "community swimming pool" to read "apartment complex swimming pool." 8. Page 333, Condition No. 11 correct "or exchanged for motorcycle and bicycle parking" to read "or exchanged for on-site motorcycle and bicycle parking." 9. Page 334, Condition No. 16, changed to read "Prior to issuance of building permits, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units for rent and for sale to residents..." 10. Page 374, Condition No. 9 should read "forty-one (41) total lots." 11. Page 374, Condition No. 10 should read "apartment complex swimming pool" rather than "community swimming pool." PUBLIC COMMENT Eric Greening made the following points: 1) the tree removals should be done in the dry season when there would be fewer impacts rather than at this time, which is nesting season, 2) a bus stop on Viejo Camino was promised verbally by the developer and it is hoped would be included in the project. Colleen Brown asked the Commission to consider a bigger area for older children to play to avoid damage to the homes in this project. Rebecca Estrella stated her concern that a 100 -unit apartment complex was not consistent with the surrounding neighborhood. Roger Tompkins, applicant's representative, stated they were in agreement with the staff report and conditions of approval. Mr. Tompkins answered question of the Commission. Vice Chairperson Jones asked about the bus stop at Viejo Camino and encouraged the applicant look into it further. Mr. Tompkins stated they are willing to proceed with it. Chairperson Kelley closed the Public Comment period. MOTION: By Chairperson Kelley and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2004-0052 approving the Master Plan of Development (CUP 2004-0123) based on Findings and subject to Conditions of Approval and Mitigation Monitoring; and adopt Resolution No. PC 2004-0053 approving the Tentative Tract Map (TTM 2004-0047) based on Findings and subject to Conditions of Approval and Mitigation Monitoring and that the changes to the conditions as read off by staff are incorporated. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson Kelley thanked the Commission and staff for their cooperation, which enabled all agenda items to be addressed. DIRECTOR'S REPORT Orem ADJOURNMENT Chairperson Kelley adjourned the meeting at 10:07 p.m. to the next regularly scheduled meeting of the Planning Commission on June 1, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits is available for review in the Community Development Department: Exhibit A — Ann Ketcherside, Notice of Public Hearing with personal comments Atascadero Planning Commission Staff Report — Community Development Department Review of City Council Development Policies DISCUSSION: Background: The City Council reviewed the issue of hillside grading, mixed use development and planned development benefits during their strategic planning session in January 2004. The Council adopted the following policies and guidelines for use by staff and the Planning Commission in April. Staff will provide a presentation and explanation of the policies and guidelines at the meeting. ATTACHMENTS: Attachment 1: Hillside Grading Guidelines Attachment 2: Planned Development Benefits Policy Attachment 3: Mixed Use Application Processing Policy Attachment 1: Hillside Grading Guidelines Attachment 2: Planned Development Benefits Policy Attachment 3: Mixed Use Application Processing Policy