HomeMy WebLinkAboutPC_2004-11-16_AgendaPacketCITY OFATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
November 16, 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 Porter
Commissioner Fonzi
Commissioner Jones
Commissioner Peterson
Commissioner Beraud
Commissioner O'Keefe
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 NOVEMBER 3, 2004.
PRESENTATIONS
2. DOWNTOWN INFILL DEVELOPMENT PROJECT
DIRECTOR'S REPORT
3. UPDATE: REDEVELOPMENT AGENCY
4. UPDATE: APPEARANCE REVIEW
5. UPDATE: SIDEWALK MASTER PLAN
6. UPDATE: ATASCADERO NATIVE TREE ASSOCIATION COORDINATION
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
COMMUNITY DEVELOPMENT STAFF REPORTS
NONE
COMMISSIONER COMMENTS AND REPORTS
ADJOURNMENT
The next regular meeting of the Planning Commission will be on December 7, 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).
CALL TO ORDER
ITEM NUMBER: 1
DATE: 11-16-04
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Wednesday
November 3, 2004 — 7:00 P.M.
Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner
Peterson led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter and
Chairperson Kelley
Absent: Commissioner Jones
Staff Present: Community Development Director Warren Frace, Public Works
Director Steve Kahn, Deputy Community Development Director
Steve McHarris, Deputy Public Works Director 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 O'Keefe and seconded by Commissioner
Fonzi to approve the agenda.
Motion passed 6:0 by a roll -call vote.
PUBLIC COMMENT
Ted Elder, arborist and landscape architect, requested the City rescind a $400 fine
levied against the Atascadero Christian Home for removal of a dead tree.
Bill Obermeyer, representing Atascadero Horsemen, encouraged the inclusion off multi-
use trails in new developments.
Chairperson Kelley closed the Public Comment period.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON OCTOBER 19, 2004.
2. ACCEPTANCE OF FINAL MAP 2004-0096: 9100 CARMELITA AVE. (LLA
2004-0058).
MOTION: By Commissioner Beraud and seconded by Vice Chairperson
Porter to approve Items #1 and 2.
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
3. TREE REMOVAL PERMIT 2004-0043
Applicant
Mike Poulin, 814 E. Foster Rd., Santa Maria, CA 93455
Project Title
Amendment to Tree Removal Permit 2004-0043
Project
2145 San Fernando Rd., Atascadero, CA 93422
Location
APN 049-281-005
Project
Request to amend Tree Removal Permit 2003-0043 to allow the removal of thirty -
Description
two (32) native oak trees in conjunction with the development of a 2,775 square -foot
single-family home with 400 square -foot detached garage located at 2145 San
Fernando Rd.
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Chip Tamagni, applicant's arborist, explained why the applicant was requesting the tree
removal.
Chairperson Kelley closed the Public Comment period.
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Peterson to adopt Resolution PC 2004-0122 to approve the
removal of thirty-two native oak trees subject to the guidelines
and mitigations required by the Atascadero Native Tree
Ordinance, and subject to project conditions.
Motion passed 6:0 by a roll -call vote.
4. TREE REMOVAL PERMIT 2004-0064
Applicant
Bruce Barnhard, 10417 Claridge Court, Bakersfield, CA 93311
Project Title
TRP 2004-0064
Project
9500 Las Lomas Ave., Atascadero, CA 93422
Location
APN 030-481-006
APN 030-481-005
Project
Request to remove Eight (8) native Blue Oak trees.
Description
Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Ted Elder, applicant's arborist, explained the reasons for this tree removal request.
Chairperson Kelley closed the Public Comment period.
Commissioner Beraud expressed disappointment that a greater effort was not made to
save the trees.
MOTION: By Vice Chairperson Porter and seconded by Commissioner
Peterson to adopt Resolution PC 2004-0127 to approve the
request to remove eight native Blue Oak trees subject to the
guidelines and mitigations required by the Atascadero Native
Tree Ordinance.
Motion passed 5:1 by a roll -call vote. (O'Keefe opposed)
Commissioner O'Keefe stated for the record that she voted no because if an individual
wants to do business in Atascadero he should know what the rules and regulations are
and that there should be a double fee paid for the tree removals.
PUBLIC HEARINGS
5. ZONE CHANGE 2004-0078, CONDITIONAL USE PERMIT 2004-0126,
TENTATIVE TRACT MAP 2004-0048 FOR A 12 -LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION
Applicant
Scott Griffin, 5310 Carrizo Rd, Atascadero, CA 93422
Project Title
Zone Change 2004-0078, Conditional Use Permit 2004-0126, Tentative Tract Map
2004-0048 for a 12 -lot Single -Family Residential Subdivision.
Project
5310 Carrizo Rd, Atascadero, CA 93422
Location
(San Luis Obispo County) APN 049-101-022
Project
The proposed project consists of an application for a Planned Development Overlay
Description
Zone, Conditional Use Permit, and Tentative Tract Map for a 12 -Lot Residential
Subdivision on a 3 -acre parcel under the requirements of PD -17 Overlay Zoning
District. The average lot size is 9,674 square feet. The new homes will range in size
from 1,248 square feet to 1,725 square feet. The project includes one home per lot
each with a two -car garage. One existing on-site colony house will be retained on site.
General Plan Designation: Single Family Residential -X
Zoning District: Residential Single Family -X
Proposed
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration
Environmental
is proposed. The proposed Mitigated Negative Declaration is available for public
Determination
review at 6905 El Camino Real, Suite 6, Community Development Department, from
8:00 a.m. to 5:00 p.m., Monday through Friday.
Community Development Director Warren Frace explained the problem with noticing of
this item for the City Council meeting.
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission. City Engineer Steve Kahn spoke about circulation within this project. A
neighborhood petition (Exhibit A) and letter from a neighbor (Exhibit B) were distributed
to the Commission.
PUBLIC COMMENT
Russ Thompson, applicant's representative, explained the noticing problem and spoke
about the project.
Scott Griffin, applicant, spoke about his experience in this neighborhood and his efforts
to develop his property.
Barbara Dawson expressed her concerns with traffic on Carrizo Road from this project
and asked the Commission to consider requiring the applicant to improve the road.
Ryan McAlister stated that the road is not capable of handling the additional traffic this
project will create and feels this is a negative impact to the neighborhood.
Sherry Giese explained her concerns with the traffic impacts from this project.
Jamie Warner expressed his concerns with density, fire and police services and traffic
impacts from this project, and asked the Commission to require the road be moved
away from his property.
Kay Loken stated her concerns that this project would negatively impact the
neighborhood with issues such as traffic and noise.
Jon Loken expressed his concern with the many impacts to his neighborhood from this
project.
Bill Obermeyer stated his concerns with the traffic and drainage impacts to Carrizo
Road.
Robert Amor spoke of his concerns with traffic impacts from this project and the loss of
a rural atmosphere.
Chairperson Kelley closed the Public Comment period.
Russ Thompson answered questions raised during the Public Comment period.
There was Commission discussion regarding the project, comments included:
Commissioner O'Keefe: 1) the project would change the character of the neighborhood
and she would like to see a reduction by one unit to make more of a transition from the
low to higher density, 2) there should be a benefit to the community from the PD, and 3)
compatibility questionable if allow traffic from other developments to come down Carrizo
Road.
Chairperson Kelley: concerned with impacts to the neighbors, and feels this would be
opening the floodgate onto Carrizo from future projects.
Commissioner Beraud: 1) concerned that CUP, Mitigated Negative Declaration and
Planned Development findings are not consistent with the General Plan, 2) doesn't like
the idea of the road going to Carrizo, and 3) was concerned with buffering.
Commissioner Beraud recommended that this be sent back to the applicant to come up
with a plan that doesn't include access to Carrizo Road and addresses buffering to
neighboring properties.
Vice Chairperson Porter: finds that this is consistent with the General Plan, but does
have questions with circulation. He would like it to go back to staff so all traffic does not
go onto Carrizo Road.
Commissioner Fonzi: 1) likes the preservation of the historic home in front, 2) has
concerns with traffic on Carrizo Road, 3) likes design of homes, right project for this
location but at the wrong time, and 5) access point must be from other roads when
surrounding projects are built.
Commissioner Peterson: regarding ingress and egress on Carrizo, at some point it will
not make a difference, if Carrizo is to be used, people will come down to EI Camino
Real and then go down Carrizo anyway.
Russ Thompson addressed traffic and buffering concerns.
PUBLIC COMMENT
Jamie Warner reemphasized that traffic will be an issue on Carrizo Road.
Robert Amor spoke about the problems of traffic on Carrizo Road.
Ed Dawson questioned if the applicant would be living in one of the houses.
Brian McAlister questioned the zoning and felt it should be limited to six homes.
Jon Loken would like to see the rural character of Atascadero maintained.
Kelly Gearhart gave some background information on the property in question.
Sherry Giese stated she does not want to see the neighborhood become less than it
should be.
Scott Griffin stated his willingness to work out any problems that arise with the
neighbors.
Sharon Turner spoke about the proliferation of dense Planned Developments in the
area and the negative impacts to the neighborhood.
Chairperson Kelley closed the Public Comment period.
MOTION: By Commissioner Beraud and seconded by Commissioner
O'Keefe to continue this project so the applicant and the
neighbors can work on an agreeable solution with staff's
assistance to mitigate the impact of traffic with that additional
road with the endpoint being that the road will not be
maintained as a two way street for the future.
Motion failed 3:3 by a roll -call vote. (Peterson, Porter, Kelley
opposed)
MOTION: By Commissioner Peterson and seconded by Vice
Chairperson Porter to adopt Resolution PC 2004-0123
recommending that the City Council certify Proposed
Mitigated Negative Declaration 2004-0030; and, adopt
Resolution PC 2004-0124 recommending that the City Council
introduce an ordinance for first reading to approve Zone
Change 2004-0078 based on findings; and, adopt Resolution
PC 2004-0125 recommending that the City Council approve
Conditional Use Permit 2004-0126 to include the Master Plan of
Development (Exhibit B) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and, adopt
Resolution PC 2004-0126 recommending the City Council
approve Vesting Tentative Tract Map 2003-0048 based on
findings and subject to Conditions of Approval and Mitigation
monitoring.
Motion failed 3:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud
opposed)
Commissioner Beraud stated for the record that she failed to make the Conditional Use
findings, that it is not consistent with the General Plan for neighborhood preservation,
she cannot certify a Mitigated Negative Declaration due to traffic concerns, and she
does not feel the Planned Development meets the project benefits for buffering.
There was further Commission discussion of the project.
MOTION: By Commissioner Beraud and seconded by Commissioner
O'Keefe to continue this item to allow the staff, the applicant,
the neighbors, the City Engineer and the Fire Department to
come up with alternatives and to bring it back on December
7 t
Motion passed 6:0 by a roll -call vote.
Chairperson Kelley recessed the hearing at 9:10 p.m.
Chairperson Kelley called the meeting back to order at 9:20 p.m.
6. VARIANCE 2004-0004, TRAFFIC WAY
Applicant
Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422
Phone: 461-7504
Project Title
Variance 2004-0004
Project
Location
Traffic Way, Atascadero, CA 93422
(San Luis Obispo County) APN 029-061-042
Project
The proposed project consists of an application for a variance to permit less than
Description
the required 25 -foot front yard setback.
General Plan Designation: HDR
Project
Zoning District: RMF -16
Proposed
Exempt under Article 19, Section 15303, Class 3a
Environmental
A request to establish sixty airspace units on one common lot, based on findings and
Determination
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
PUBLIC COMMENT
Kelly Gearhart, applicant, answered questions of the Commission.
Chairperson Kelley closed the Public Comment period.
Commissioner Beraud stated she could not make all of the findings and was therefore
not in favor of granting the variance.
MOTION: By Commissioner Peterson and seconded by Commissioner
Fonzi to adopt Resolution PC 2004-0121 approving Variance
2004-0004 to include proposed site plan (Exhibit A) based on
findings and subject to conditions and including the additional
condition requiring tree mitigation for the tree identified as No.
1 (30 inch white oak) of $1,000.
Motion passed 5:1 by a roll -call vote. (Beraud opposed)
7. TENTATIVE TRACT MAP 2004-0056 (TRACT 2657) AND AMENDMENT
TO CUP 2002-0072 PD -9 MASTER PLAN OF DEVELOPMENT, NORTH
FERROCARIL ROAD
Applicant
Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422
Phone: 461-7504
Project Title
Tentative Tract Map 2004-0056 (Tract 2657) and
Amendment to CUP 2002-0072 PD -9 Master Plan of Development
Project
N. Ferrocaril Road, Atascadero, CA 93422
Location
APN: Portion of 049-043-002
Project
A request to establish sixty airspace units on one common lot, based on findings and
Description
subject to conditions and approving an Amendment to CUP 2002-0072 PD -9 Master
Plan of Development, allowing for a Condominium Plan over the Senior Housing
Project Title
portion of the Master Plan.
Project
General Plan Designation: CREC
Location
Zoning District: LS/PD9
Proposed
Staff recommends that the Planning Commission finds the project consistent with
Environmental
Certified Mitigated Negative Declaration 2003-0054 prepared for ZCH 2003 -
Determination
0069/CUP 2002-0072/TTM 2002-0020 establishing a PD -9 Overlay with a Master
Plan of Development for 60 -Unit Senior Residential complex.
Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Kelly Gearhart, applicant, answered questions of the Commission.
Chairperson Kelley closed the Public Comment period.
Commissioner Fonzi expressed concern with noise issues given the proximity of some
of the units to the railroad tracks.
Mr. Gearhart stated that a noise analysis was done previously on the sites and there are
mitigation measures in place to address Commissioner Fonzi's concerns.
MOTION: By Commissioner Beraud and seconded by Commissioner
O'Keefe to adopt Resolution PC 2004-0128 approving Tentative
Tract Map 2004-0056 (Tract 2657), a request to establish sixty
airspace units on one common lot, based on findings and
subject to conditions, adding the noise mitigation conditions
as staff has presented, and approving an Amendment to CUP
2002-0072 PD -9 Master Plan of Development, allowing for a
Condominium Plan over the Senior Housing portion of the
Master Plan and variation in square footages for the individual
units.
Motion passed 6:0 by a roll -call vote.
8. TENTATIVE PARCEL MAP 2004-0063, 5740 ROSARIO AVENUE
Applicant
Carl D. Malcom, 5740 Rosario, Apt. 2, Atascadero, CA 93422
Phone: 461-3205
Project Title
Tentative Parcel Map 2004-0063
Project
5740 Rosario Avenue, Atascadero, CA 93422, San Luis Obispo County
Location
APN 029-321-014
Project
A Tentative Parcel Map application for conversion of three existing rental units to
Description
condominium airspace units on one common lot in the Low Density Multi -Family
Zoning District. The application also includes a request for an exception to the fencing
standards that would allow fencing up to five (5) feet in height in the front yard
setback area. The parcel is level to slightly sloped. Native trees are not proposed for
removal. City sewer serves the property and water is provided by the Atascadero
Mutual Water Company.
General Plan Designation: Low Density Residential
Zonin District: Residential Multi -family— 10 (RMF -10)
Proposed
The project qualifies for a Class 3(b) Categorical Exemption, which exempts the
Environmental
conversion and/or construction of small structures including multi -family projects of
Determination
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. A memorandum regarding revisions to the Conditions of Approval was
distributed to the Commission. (Exhibit C)
PUBLIC COMMENT
Carl Malcom, applicant, spoke about the project and stated his disagreement with the
requirement for curbs, gutters and sidewalks as well as the sewer condition.
Chairperson Kelley closed the Public Comment period.
MOTION: By Commissioner Beraud and seconded by Commissioner
O'Keefe to adopt Resolution PC 2004-0119 approving Tentative
Parcel Map 2004-0063, a request to establish three airspace
units on one common lot and denying the exception to the
fencing standards in the front yard setback area, based on
findings and subject to conditions and the revised conditions
as presented by staff as well as adjusting the condition about
sewer maintenance that it would be allowed via the
homeowners association CC&R's as stated by the applicant.
Motion passed 6:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Fonzi asked if the Commission could receive an update on the status of
redevelopment. Community Development Director Warren Frace stated he would
arrange for Redevelopment Specialist Marty Tracey to attend a Commission meeting to
provide an update and answer questions.
Commissioner Beraud asked if the furniture arrangement for the Commission could be
changed to better see the other Commissioners.
DIRECTOR'S REPORT
Director Frace reported on several issues raised by Commissioners at the last meeting
and reviewed the agenda for the next Planning Commission meeting.
ADJOURNMENT
Chairperson Kelley adjourned the meeting at 10:27 p.m. to the next regularly scheduled
meeting of the Planning Commission on November 16, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
The following exhibits are available for review in the Community Development Department:
Exhibit A — Neighborhood Petition re 5310 Carrizo Road
Exhibit B — Robert and Nancy Amor, letter
Exhibit C — Revised Conditions of Approval for TPM 2004-0063