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HomeMy WebLinkAboutPC_2021-04-20_Minutess CITY OF ATASCADERo CITY OF A TASCADERO PLANNING PLANNING COMMISSION MINUTES Regular Meeting — Tuesday, April 20, 2021 — 6:00 P.M. City Hall (Teleconference) 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson van den Eikhof called the meeting to order at 6:04 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: By Teleconference - Commissioners Carranza, Hughes, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: Commissioner McIntyre (excused absence) Commissioner Anderson (excused absence) Vacant: None Others Present: By Teleconference - Recording Secretary, Annette Manier Staff Present: By Teleconference — Community Development Director, Phil Dunsmore Public Works Director/City Engineer, Nick DeBar Senior Planner, Kelly Gleason Associate Planner, John Holder Assistant Planner, Mariah Gasch City Attorney, Brian Pierik APPROVAL OF AGENDA MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to approve the Agenda. PC Minutes of 4/20/2021 Page 1 of 7 Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT The following person spoke during public comment: A member of the public (no name given) called in regards to a hazardous traffic situation. Director Dunsmore gave the gentleman his contact information for follow-up. Chairperson van den Eikhof closed the Public Comment period. CONSENT CALENDAR 1. APPROVE THE DRAFT MINUTES OF APRIL 6, 2021 • Recommendation: Commission approve the April 6, 2021, Minutes. MOTION: By Commissioner Schmidt and seconded by Commissioner Keen to approve the Consent Calendar. Motion passed 5:0 by a roll -call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None. 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 for the record and can address the Commission for three 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).) DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. AMENDMENTS TO TITLE 9, CHAPTER 17 OF THE ZONING CODE TO ALLOW NON -STOREFRONT DELIVERY CANNABIS BUSINESS IN THE CITY The proposed code text amendments would allow for a State licensed Cannabis delivery business to operate from a commercial location within the City. Ex Parte Communications: Recommendation: Approve the draft resolution. (CPP20-0011) PC Minutes of 4/20/2021 Page 2 of 7 EX PARTE COMMUNICATIONS None Director Dunsmore introduced the topic. Planner Holder presented the staff report and he Director Dunsmore and City Attorney Pierik answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke: Jamie Jones. The Commission agreed that in the future, (while reviewing Conditional Use Permits), that would be the best time to review specific language in regards to the security footage and the Police Department's intent to review. The Commission will seek Police input in the future. Chairperson van den Eikhof closed the Public Comment period. MOTION: By Vice Chairperson Keen and seconded by Commissioner Carranza to adopt PC Resolution recommending the City Council approve a text amendment to Chapter 17, Cannabis activities and regulations, in Title 9 of the Atascadero Municipal Code based on findings and subject to Conditions of Approval, with the possibility of looking at Section 8 (i) to make it consistent with State law, and add back-up power supply for security purposes. (Hughes, Schmidt opposed) Motion failed due to lack of the required number of votes in accordance with Attorney Pierik's determination based on G.C. 36936. City Attorney Pierik stated we have seven Commissioners, and three is not a majority of the Commission. He determined that the PC Motion was to be considered an inaction since actions on a resolution require a majority vote of the entire hearing body, which would be at least four members. He suggested the Commission move on to the next item while he completes additional research. 3. SELF -STORAGE FACILITY AT 11450 VIEJO CAMINO AND 11505 EL CAMINO REAL The proposed project is a 56,330 sf self -storage facility on a 4.2 -acre site, which includes indoor storage units, a community/commercial space and a workshop. A Notice of Intent to adopt a Mitigated Negative Declaration (EDN2021-0001) is PC Minutes of 4/20/2021 Page 3 of 7 available for public review from 3/15/21 through 4/14/21. Exceptions to the setback are requested as part of a creek realignment and restoration plan. Ex Parte Communications: Recommendation: Approve the project based on findings and conditions or deny the application based on findings. (DEv20-0076) EX PARTE COMMUNICATIONS Commissioner Hughes listened to past audio and reached out to a few individuals to try to get as much information as possible. He spoke to Mark Dariz, Josh Donovan, Susan Funk (not able to actually talk with her), and Roberta Fonzi. Commissioner Schmidt watched hearings on CSPAN. Vice Chairperson Keen — Reviewed the first version of this project last September, and spoke to numerous community members including Vi Pierce, Amoreena Anker, Jerry Tanimoto, Frances Romero, and Susan Funk. Commissioner Carranza — Had a meeting where she requested information from Scott Newton and Frances Romero. She spoke to a neighbor not directly within the project boundary, but the neighbor has friends in La Paloma who expressed opposition. Chairperson van den Eikhof— Served on the Planning Commission when this went before the Commission, but was unable to attend the meeting. He attended a meeting with Frances Romero last week. Director Dunsmore stated that we received a large number of emails in the last few days that were sent to the Commission. We will not have the time to read each email into the public record in their entirety, but we will read their names and will summarize their comments in order to stay within our time constraints for public comment. At this point during the meeting, City Attorney Brian Pierik stated that he had made findings in regards to the first item. Government Code Section 36936 states "Resolutions, Orders for the Payment of Money, and all Ordinances required require a total majority vote of the membership of City Council." He will explore further to see what it says for Planning Commissions. Senior Planner Gleason gave a presentation on the project. Senior Planner Gleason corrected staff report language for General Plan Policy 8.1.4 and proposed amended conditions (Exhibit A). Senior Planner Gleason, Director Dunsmore and Director DeBar answered questions from the Commissioners. Chairperson van den Eikhof recessed the meeting at 7:54 p.m. Chairperson van den Eikhof reconvened the meeting at 8:03 p.m. with all present. At this point during the meeting, City Attorney Pierik stated that the previous Resolution for Cannabis failed because it did not get the required number of PC Minutes of 4/20/2021 Page 4 of 7 votes. We would need four votes to pass the Resolution. The item can move forward to the Council showing a non -majority vote and stating Planning Commission discussion/inaction. PUBLIC COMMENT The following members of the public spoke: Frances Romero (Exhibit B), Loch Soderquist, Michael Latner, Brooks Stayer, Rob Fell, Anna King, Bill, Janet, Clyde Snider, and Matt K. Emails were read in summary by Recording Secretary Manier and by Senior Planner Gleason, and will be entered into the record by Recording Secretary Manier (see Exhibits C -X). Frances Romero and Loch Soderquist answered questions from the Commissioners. Chairperson van den Eikhof closed the Public Comment period. The Commission discussed hours of operation, new lighting standards, redirection of the creek, civic gateway, and walking path through the property on top of the City's sewer easement. Director DeBar stated he has concerns about the walking path on the sewer easement (safety, maintenance). A mid -block crossing concerns him as well because they are more dangerous. MOTION: By Commissioner Schmidt and seconded by Commissioner Carranza to adopt PC Resolution A approving a Conditional Use Permit (DEV20-0076), to establish a mini -storage and associated Lot Merger located at 11405 Viejo Camino and 11505 EI Camino Real and certify the proposed Mitigated Negative Declaration prepared for the project, based on findings and subject to conditions of approval, with the following findings to include that the reduction in traffic for a mini -storage use compared to other uses is an amenity, and with the following added conditions: 1. An openspace easement shall be placed on the unused triangle portion of the property, 2. , addition of staff recommended amended conditions (Exhibit A), 3. Hours of operation shall be limited to 8 a.m. to 5 p.m. for the office and 6 a.m. to 9 p.m. for facility access, and 4. lighting shall be motion sensor activated and maintained at lower levels unless motion is detected. Motion was called at 3:2 by a roll -call vote. (Hughes, Keen opposed). Motion failed due to lack of the required number PC Minutes of 4/20/2021 Page 5 of 7 of votes in accordance with Attorney Pierik's determination based on G.C. 36936. The Commissioners discussed which date to continue this item. It was decided that May 4, 2021 would be the preference. City Attorney Brian Pierik stated that he would be unavailable that evening, but he would brief one of the other lawyers from his firm on the project and they could be present. MOTION: By Commissioner Schmidt and seconded by Vice Chairperson Keen to continue the meeting to a date certain of May 4, 2021. Motion passed 4:1 by a roll -call vote. (Hughes opposed). Vice Chairperson Keen asked that we confirm that the other two Commissioners will be present on May 4, 2021. City Attorney Brian Pierik stated that the Public Hearing would need to be re- opened in order to continue this item, and that a revote is necessary. Chairperson van den Eikhof re -opened the Public Hearing. MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to continue the meeting to a date certain of May 4, 2021. Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Keen asked about a parcel on Morro Road, and Director Dunsmore answered her questions. DIRECTOR'S REPORT Director Dunsmore gave an update on the next hearing, which will include zoning amendments as well as the mini -storage. Director Dunsmore stated that we will have a new staff member named Loreli who will be starting on May 3, 2021. ADJOURNMENT — 10:11 p.m. The next regular meeting is scheduled for May 4, 2021, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. PC Minutes of 4/20/2021 Page 6of7 MINUTES PREPARED BY: Annette Manier, Recording Secretary Administrative Assistant The following exhibits are available in the Community Development Department: Exhibit A (Staff's proposed changes) Exhibit B (Applicant's presentation) The Anker Family (Exhibit C) Colleen Annes, MD (Exhibit D) Justin Crawford (Exhibit E) Jerry and Cathy LeMoine (Exhibit F) Caroline Li (Exhibit G) Christian Marano (Exhibit H) Steve Maloney (Exhibit 1) Kristin Olsen (Exhibit J) Vy Pierce (Exhibit K) Vance Ray (Exhibit L) Rosaline Rancour (Exhibit M) Joe Schmidt (Exhibit N) Susan and Eric Sparling (Exhibit O) Caroline Tobin (Exhibit P) Xuan Wang (Exhibit Q) Max Zappas (Exhibit R) Scott Head (Exhibit S) Steven Davis (Exhibit T) Steve Maloney (Exhibit U) Janet Murrieta (Exhibit V) Bill Murrieta (Exhibit W) Jessica and Amar Sohi (Exhibit X) Adopted 5/4/2021 PC Minutes of 4/20/2021 Page 7 of 7