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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
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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
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