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Home My WebLink AboutPC_2015-12-01_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 1, 2015 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Mark Dariz Vice Chairperson Jan Wolff Commissioner David Bentz Commissioner Duane Anderson Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt 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 three minutes. Please state your name 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.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, December 1, 2015 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 DRAFT ACTION MINUTES OF OCTOBER 20, 2015 2. APPROVAL OF 2016 PLANNING COMMISSION MEETING SCHEDULE 3. APPROVAL OF FMP 2015-0181, 805 EL CAMINO REAL (ATASCADERO 101 ASSOCIATES) 4. APPROVAL OF TENTATIVE TRACT MAP 2003-0029 TIME EXTENSION, ENCINO (FINCH / MESSER) COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on December 15, 2015 at City Hall Council Chambers, 6500 Palma 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 Planning Commission Agenda Regular Meeting, December 1, 2015 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 City Hall, Council Chambers, 6500 Palma Avenue, 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 in spection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). 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 Cit y, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. 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 SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) 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 Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary 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 Commission. PC Draft Action Minutes of 10/20/15 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, October 20, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:00 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Bourbeau, Schmidt, Seay, Vice Chairperson Wolff, and Chairperson Dariz Absent: None Others Present: Recording Secretary, Annette Manier Administrative Secretary, Sue Williams Staff Present: Community Development Director, Phil Dunsmore Contract Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Anderson to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: 1 DATE: 12-1-15 PC Draft Action Minutes of 10/20/15 Page 2 of 4 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF OCTOBER 6, 2015 MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve the consent calendar. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2015-1568/1569, TREE REMOVAL PERMITS FOR 7370 AND 7380 EL CAMINO REAL (TED MILES MOTORS) Contract Planner Banister and Community Development Director Dunsmore gave the staff report and clarified for the Commission that on Page 10, the $2,750 amount refers to the amount that would be charged if the entire mitigation were to be paid to the Tree Replacement Fund without any re-plantings. Staff is recommending that four (4) 15- gallon trees be replanted, which would reduce the required payment by $400. The tables at the back of the resolutions assume four (4) tree re-plantings, which would result in a total payment to the Tree Replacement Fund of $2,350. Staff clarified the Native Tree Ordinance requires the prepayment for 3 site visits by City staff when tree mitigation is supplemented with tree replanting. Condition 6 of Resolution 2015 -A fulfills this requirement using the current standard fee for a site visit. Property Owners: Don Croom, 2275 Alren Place, Paso Robles, CA 93446 Ted Miles, 7380 El Camino Real, Atascadero, CA 93422 Certified Arborist: Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2015-1568 / TRP 2015-0190 PLN 2015-1569 / TRP 2015-0191 Project Location: 7370, 7380 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-222-034, 036 Project Description: The project consists of the removal of one 55-inch coast live oak tree and one 55-inch valley oak tree in a car sales lot. General Plan Designation: Service Commercial (SC) Zoning District: Commercial Service (CS) City Staff: Katie Banister, Contract Planner, (805) 470-3480, kbanister@atascadero.org Staff Recommendation: Planning staff recommends Planning Commission adopt Resolution PC 2015-A and Resolution PC 2015-B approving the removal of two native oak trees. PC Draft Action Minutes of 10/20/15 Page 3 of 4 PUBLIC COMMENT The following person spoke on this item: Steven Alvarez. Mr. Alvarez answered questions from the Commission. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to adopt PC Resolution 2015-A approving PLN 2015-1568/Tree Removal Permit 2015- 0190 to allow the removal of one (1) diseased valley oak tree with a 55-inch diameter, subject to mitigation and conditions of approval. Condition 3 will be amended to allow the property owner and lessee to choose whether trees are planted on-site or off-site and their preferred mitigation method. Motion passed 7:0 by a roll-call vote. Staff Note: For the record, Condition 6 is related to Condition 3 and would not be applicable if applicant chooses to replant trees off-site. MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to adopt PC Resolution 2015-B approving PLN 2015-1569/Tree Removal Permit 2015- 0191 to allow the removal of one (1) Coast Live Oak tree with a 55-inch diameter, subject to mitigation and conditions of approval. Condition 9* will be amended to allow the property owner and lessee to choose their preferred mitigation method. Motion passed 7:0 by a roll-call vote. *For the record, an error appeared in the staff report; Condition 9 should have been numbered Condition 3 and will be Condition 3 in the Final Resolution 2015- 0030 (Numbers 7-11 will be Numbers 1-5). PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS Commissioners asked for status updates on the new gym (Fitness Evolution) in the Spencer’s Shopping Center, and on the donut company interested in the previous Jack- in-the-Box location. Community Development Director Dunsmore answered their questions. PC Draft Action Minutes of 10/20/15 Page 4 of 4 Commissioner Anderson asked about large trees that have fallen into the creek bed along Highway 41, with heavy rains anticipated. Community Development Director Dunsmore said he would follow-up with Public Works. DIRECTORS REPORT Community Development Director Dunsmore gave updates on the Korean BBQ, and the Walmart project. He also stated that currently, there are no items scheduled for the November 3rd meeting, so it may be cancelled. ADJOURNMENT – 7:36 p.m. The next regular meeting of the Planning Commission is scheduled for November 3, 2015, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: ____________________________ Annette Manier, Recording Secretary C I T Y O F A T A S C A D E R O COMMUNITY DEVELOPMENT DEPARTMENT 6500 PALMA AVE., ATASCADERO, CA 93422  (805) 461-5000  FAX (805) 461-7612 ITEM NUMBER: 2 DATE: 12-1-15 DRAFT Planning Commission Meeting Schedule 2016 MEETING DATE MEETING TYPE TIME LOCATION: Historic City Hall 6500 Palma Ave., Atascadero CA 93422 January 5 Regular 7:00p.m. “ January 19 Regular 7:00p.m. “ February 2 Regular 7:00 p.m. “ February 16 Regular 7:00 p.m. “ March 1 Regular 7:00p.m. “ March 15 Regular 7:00p.m. “ April 5 Regular 7:00 p.m. “ April 19 Regular 7:00 p.m. “ May 3 Regular 7:00 p.m. “ May 17 Regular 7:00 p.m. “ June 7 Regular 7:00 p.m “ June 21 Regular 7:00 p.m “ July 5 Regular 7:00p.m. “ July 19 Regular 7:00 p.m. “ August 2 Regular 7:00 p.m. “ August 16 Regular 7:00 p.m “ September 6 Regular 7:00 p.m “ September 20 Regular 7:00 p.m “ October 4 Regular 7:00 p.m. “ October 18 Regular 7:00 p.m. “ November 1 Regular 7:00 p.m “ November 15 Regular 7:00 p.m “ December 6 Regular 7:00 p.m. “ December 20 Regular 7:00 p.m. “ Adopted [DATE] t:\~ planning commission\pc meeting schedule\pc meeting schedule 2016.ta.docx Final Map 2015-0181 Page 1 of 2 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org Acceptance of Final Map 2015-0181 Parcel Map AT 14-0050 (TPM 2014-0102) 805 El Camino Real (Atascadero 101 Associates) RECOMMENDATION: Staff recommends Planning Commission: Accept Final Parcel Map 2015-0181 (Parcel Map AT 14-0050). DISCUSSION: Tentative Parcel Map 2014-0102 was approved by the Planning Commission on February 17, 2015. The Tentative Parcel Map approved the division of one 2.16 acre commercial parcel into two (2) parcels of 1.30 acres and 0.86 acres each. The Tentative Parcel Map was approved concurrently with a Conditional Use Permit amendment for the Home Depot Center to allow construction of a new drive-through restaurant on the subject site. Staff has determined that the Parcel Map is in substantial conformance with approved Tentative Parcel Map. Pursuant to California Government Code Section 66474.1 the approving legislative body (Planning Commission) cannot deny a Parcel Map that is in substantial conformance with the previously approved Tentative Map. According to Section 11-4.42 of the Municipal Code, the Planning Commission is the advisory agency charged with approval of all final maps without dedications. No offers of dedication have been made with this map. FISCAL IMPACT: None ATTACHMENTS: Exhibit 1: Final Map 2015-0181 (Parcel Map AT 14-0050) ITEM NUMBER: 3 DATE: 12-1-15 Final Map 2015-0181 Page 2 of 2 EXHIBIT 1: Final Map 2015-0181 (Parcel Map AT 14-0050) 805 El Camino Real Atascadero 101 Associates Atascadero Planning Commission Staff Report – Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org PLN 2099-0912 Time Extension for TTM 2003-0029 5445 Encino Road (Messer / Finch) SUBJECT: Consideration of a one-year Time Extension for Tentative Tract Map 2003-0029. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2015-A, thereby approving a one-year Time Extension of Tentative Tract Map 2003-0029 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. Situation and Facts 1. Property Owners: Don Messer, PO Box 1958, Atascadero, CA 93423 Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704 2. Applicant: Don Messer, PO Box 1958, Atascadero, CA 93423 3. Project Location: Encino Avenue between Atajo Avenue and Chauplin Road, APN 031-091-005, 006, 008, 009, 031-092-016 4. General Plan Designation: SFR-Z (Single-Family Residential 1.5 – 2.5 acre minimum lot size) 5. Zoning District: Zoning District: RSF- Z (Residential Single-Family 1.5 – 2.5 acre minimum lot size) 6. Site Area: 4.5. acres ITEM NUMBER: 4 DATE: 12-1-15 7. Existing Use: Two single family homes have been constructed on Lots 1 and 3. 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2003-0044: Notice of Determination Filed 12/18/03 DISCUSSION: Background: Tentative Tract Map 2003-0029 (Tract 2515) was originally recommended for approval by the Planning Commission on October 7, 2003, and was approved by City Council on November 25, 2003. The approval allowed the adjustment of six (6) existing Colony lots ranging in size from 0.53 acres (gross) to 1.19 acres (gross) into six (6) re - configured lots ranging in size from 0.58 acres (gross) to 1.19 acres (gross). The site is in an area of moderate to steeply sloping hillsides. The majority of the site is covered by coastal oak woodland with a blue line creek to the south of the project. The tract map reorganized the lot lines of the six (6) historic Colony lots in order to provide for an improved lotting pattern that would preserve oak trees, protect the blue line creek, improve access and reduce some of the grading anticipated with the development of six individual single-family lots. Tentative maps have an initial life of two years, during which time a final map must be recorded in order to finalize the new lot lines. A Final Map for TTM 2003-0029 was not recorded within the allowable timeframes, and the Tentative Tract Map expired on November 25, 2005. A reconsideration was submitted to the City and was approved by the Planning Commission on November 21, 2006 to reinstate Tentative Tract Map 2003-0029. The Planning Commission’s approval of the 2006 reconsideratio n included several additional conditions of approval, including a requirement to mitigate all native trees by payment to the native tree fund. A second TTM reconsideration was submitted by the applicant in 2009 to modify the 2006 condition of approval related to mitigation of native tree removals. On October 20, 2009, the Planning Commission approved a resolution to amend condition #7 of TTM 2003-0029, thereby removing the requirement for payment of a native tree impact fee of $18,233.00. Currently, only tree preservation easements are required as mitigation for the tree removals. Retaining walls were incorporated to preserve as many trees as possible during construction. A Time Extension was not requested or granted as part of the 2009 TTM reconsideration. Site work and improvements related to this subdivision have been underway since 2005. Two building permits have been issued for Lots 1 and 3 and single -family houses have been constructed. The Final Map improvements are nearly complete and are in the process of being finaled by the City. The final map has been submitted, and plan check comments have been returned to the applicant and his surveyor for modifications and fulfillment of remaining TTM conditions of approval. Analysis: The Subdivision Map Act mandates an initial two-year life and allows for five (5) 1-year Time Extensions. The application for the Extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. In order to respond to recession, the State of Calif ornia approved several Senate and Assembly bills in recent years which provide 12 month and 24 month automatic extensions for tentative maps which are approved and current within specified timeframes. TTM 2003-0029 was eligible for four (4) of these automatic extensions. At present, the map was set to expire on November 21, 2015. A time extension application was submitted by the owner in October to request extension. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policies. Staff is not recommending any modifications with this Time Extension. Map History: Approval Expiration Original Approval November 25, 2003 November 25, 2005 Reconsideration Approval November 21, 2006 November 21, 2008 SB 1185 Extension 1 year November 21, 2009 AB 333 Extension 2 years November 21, 2011 AB 208 Extension 2 years November 21, 2013 SB 116 Extension 2 years November 21, 2015 Time Extension 1 (Applied for by applicant Oct. 29, 2015) November 21, 2016 Conclusion: At previous public hearings, the Planning Commission and City Council found Tentative Tract Map 2003-0029, as conditioned, consistent with the 2002 General Plan and Zoning Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Adopted PC Resolution 2006-0093 (reconsideration #1) Attachment 3: Adopted PC Resolution 2009-0031-A (reconsideration #2) Attachment 4: Draft PC Resolution 2015-A ATTACHMENT 1: Location, General Plan, and Zoning Map Project Site General Plan Designation: SFR-Z (Single-Family Residential 1.5 – 2.5 acre minimum lot size) Zoning District: Zoning District: RSF- Z (Residential Single- Family 1.5 – 2.5 acre minimum lot size) ATTACHMENT 2: Adopted PC Resolution 2006-0093 (reconsideration #1) See Attachment ATTACHMENT3: Adopted PC Resolution 2009-0031-A (reconsideration #2) See Attachment ATTACHMENT 4: Draft Resolution PC 2015-A DRAFT RESOLUTION NO. PC 2015-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF TENTATIVE TRACT MAP 2003-0029 Encino Avenue (Messer/Finch) WHEREAS, the applicant, proposes a Time Extension for a Tentative Tract Map on a 4.5- acre site located at Encino Avenue between Atajo Avenue and Chauplin Road (APN 031-091-005, 006, 008, 009, 031-092-016); and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 21, 2006, considered and re-approved Tentative Tract Map 2003-0029, after first studying and considering the Certified Mitigated Negative Declaration prepared for the project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Meeting held on December 1, 2015, considered a time extension for Tentative Tract Map 2003-0029 for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the Time Extension: The Planning Commission of the City of Atascadero makes the following findings: 1. The approval of the Time Extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the Time Extension will not prohibit the project from complying with state or federal law. 3. All original conditions of approval for Tract 2515, as identified in PC Resolution 2006-0093 and PC Resolution 2009-0031-A, remain in full force and effect with this Time Extension. 4. All original mitigation measures of Mitigated Negative Declaration 2003-0044, certified on November 25, 2003 remain in full force and effect with this Time Extension. SECTION 2: Approval: The Planning Commission of the City of Atascadero does hereby approve a one-year time extension of TTM 2003-0029, to expire on November 21, 2016. On motion by Commissioner ___________________, and seconded by Commissioner ______________________ , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary