HomeMy WebLinkAboutPC_2002-02-19_MinutesX
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CITY OF A TASCADER
PLANNING COMMISSION MINUTES
Regular Meeting
February 19, 2002 — 7:00 P.M.
CALL TO ORDER
Chairman Eddings called the meeting to order at 7:01 p.m. and Commissioner Fonzi led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Blaser, Fonzi, Kelley, Norton, O'Malley, Bentz and Chairman
Eddings
Absent: None
Staff: Community Development Director Warren Frace, Assistant Planner Glenn Rider,
City Attorney Roy Hanley, Attorney Deborah J. Fox, and Recording Secretary
Grace Pucci
PLANNING COMMISSION BUSINESS
1. ELECTION OF NEW CHAIR AND VICE -CHAIR.
MOTION: By Vice Chairman Bentz and seconded by Commissioner O'Malley to delay the
election of the new Chair and Vice -Chair until the next regularly scheduled
meeting of the Planning Commission.
AYES: Commissioners Bentz, O'Malley, Kelley, Fonzi, Norton, Blaser and Chairman
Eddings
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
PC Minutes 02-19-02.gp.doc
03/11/02
City of Atascadero Planning Commis�on Minutes
PUBLIC COMMENT
Regular Meeting February 19, 2002
Page 2 of 8
City Manager Wade McKinney thanked the Commission on behalf of the City Council and City
employees for the work they put in, the responsibility they shoulder and the good work they do
throughout the community. Mr. McKinney distributed hats with the new City logo to each
member of the Commission as a token of appreciation.
Chairman Eddings closed the Public Comment period.
CONSENT CALENDAR
2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 5, 2002.
Commissioner Fonzi requested a change to page 3, paragraph 4 of the Minutes of February 5,
2002. The last sentence should read: Mr. Guazda stated his opposition to another home being
constructed in his neighborhood and feels that Old Morro Road is not maintained prepe#y
aroberly.
MOTION: By Commissioner O'Malley and seconded by Commissioner Fonzi to approve the
Consent Calendar as amended.
AYES: Commissioners O'Malley, Fonzi, Kelley, Norton, Blaser and Chairman Eddings
NOES: None
ABSTAIN: Vice Chairman Bentz
Motion passed 6:0 by a roll -call vote.
PUBLIC HEARINGS
3. PROJECT TITLE: TENTATIVE TRACT MAP 2001-0012, ZONE CHANGE 2001-
0020, CONDITIONAL USE PERMIT 2001-0052:
ITEM TO BE CONTINUED
Applicant: Elbert and Wanda Gifford, 13505 Onispa Road, Atascadero, CA 93422
.project Location: 5080 Palma Avenue, Atascadero, CA 93422
APN 029-302-050
r—P-roject A proposed rezone from Residential Multi -Family (RMF -10) to Residential
Description: Multi -Family with a Planned Development 7 Overlay Zone (RMF -10 / PD 7) and
a 5 -lot Tentative Tract Map of a site currently developed with individual
residential units built in conformance with the RMF -10 zoning standards. The
City of Atascadero Planning Commis on Minutes Regular Meeting February 19, 2002
Page 3 of 8
F_ project would approve a small lot subdivision thereby allowing single lot
ownership of the existing individual units. No additional construction is proposed
on the site.
General Plan Designation: Low Density Multiple Family; Zoning District: RMF -
10
Environmental PROPOSED NEGATIVE DECLARATION 2001-052: Based on the
Determination findings of the initial study, the Community Development Department
recommends that the Planning Commission find that no significant harm
would come to the environment from approval of this project, with the
incorporation of the proposed mitigation measures. The proposed Negative
Declaration is available for public review through February 5, 2002 at 6500
Palma Avenue, Community Development Department, Room 104, from 8:00
a.m, to 5:00 p.m., Monday through Friday.
Staff
Recommendation
Community Development Director Warren Frace announced that this item had been continued
from the last meeting; however, when the staff report was due the item was not completed. Staff
is requesting the Commission continue this item to a non-specific date.
MOTION: By Vice Chairman Bentz and seconded by Commissioner Norton to continue this
item.
AYES: Commissioners Bentz, Norton, O'Malley, Blaser, Fonzi, Kelley and Chairman
Eddings
NOES: None
ABSTAIN: None
Motion passed 7:0 by a roll -call vote.
4. PROJECT TITLE: TENTATIVE PARCEL MAP 2001-0027
Applicant:
Russell and Paula Brebes, 3400 Maricopa Rd., Atascadero, CA 93422
Project Location:
3475 Maricopa and 3310 Monterey Road, Atascadero, CA 93422
San Luis Obispo County APN 054-032-045, 044.
Project
Proposed subdivision of two existing parcels of 4.30 acres and 4.62 acres into
Description:
three parcels. The resulting parcels are proposed to be 2.66 acres, 2.66 acres, and
3.32 acres gross. The proposed subdivision design will result in two lots with
existing single family residences and one lot that will be vacant and available for
future single family residence development. Future development of the vacant lot
will not result in the removal of native trees. The property will be served by an
on-site sewer system (septic) and water is available from Atascadero Mutual
Water Company. The site is zoned Residential Suburban (RS minimum lot size 2
- 10 acres based on calculation) with a minimum lot size of 2.66 acres based on
City of Atascadero Planning Commis6ion Minutes
Regular Meeting February 19, 2002
Page 4 of 8
the RS minimum lot size calculations. General Plan Designation: Suburban
Single Family; Zoning District: Residential Suburban
Environmental Based on the initial study prepared for the project, a Mitigated Negative
Determination Declaration is proposed. The proposed Mitigated Negative Declaration is
available for public review from 1/30/02 through 2/19/02 at 6500 Palma
Avenue, Community Development Department, Room 104, from 8:00 a.m. to
5:00 p.m., Monday through Friday.
Staff The Planning Commission adopt Resolution No. PC 2002-0012, certifying the
Recommendation proposed Mitigated Negative Declaration 2002-0007 and approving Tentative
Parcel Map 2001-0027, a request to subdivide two parcels of 4.30 acres and 4.62
acres into three parcels of 2.66 acres, 2.66 acres, and 3.32 acres (all lot areas are
gross area), based on findings and subject to conditions
Assistant Planner Glenn Rider provided the staff report and answered questions of the
Commission.
Commissioner Fonzi asked if there were any maintenance agreements proposed by the
landowner or homeowners association to maintain the safety of the driveway. Director Frace
stated that the City Engineer generally requires a driveway maintenance agreement that goes
along with the easement. Director Frace indicated that he would check the conditions to ensure
that it was properly noted.
PUBLIC COMMENT
Ken Wilson, applicant's representative thanked staff and offered to answered questions of the
Commission. Mr. Wilson stated there is no road maintenance agreement presently, but it would
be acceptable to have one added to the Conditions if necessary.
Chairman Eddings closed the Public Comment period
Director Frace stated that he had checked the Conditions and a driveway maintenance agreement
has not been included; he recommended that one be added.
MOTION: By Commissioner Kelley and seconded by Chairman Eddings to adopt Resolution
No. PC 2002-0012, certifying the proposed Mitigated Negative Declaration 2002-
0007 and approving Tentative Parcel Map 2001-0027, a request to subdivide two
existing parcels of 4.30 acres and 4.62 acres into three parcels of 2.66 acres, 2.66
acres, and 3.32 acres each, based on findings and subject to conditions with the
addition of a condition that a road maintenance agreement will be formulated for
this project.
Commissioner Norton requested an amendment to the Motion to pave the road to 16 feet wide or
to the specifications of the Fire Department.
Director Frace stated that the Fire Department would not require the road to be paved if it is
under 16%; this road is flatter than that so paving will not be required by the Fire Department. If
the Commission would like the road to be paved, it would have to add that condition separately.
City of Atascadero Planning Commission Minutes Regular Meeting February 19, 2002
Page 5 of 8
Commissioner Kelley indicated that the road in question is basically flat and he does not feel the
added expense of paving should be a requirement of the Commission if it meets all requirements
of the Fire Department. Additionally, he feels the added maintenance agreement condition will
insure the quality of the road.
Commissioner Norton expressed her concern that the road crosses two other properties and she
feels this project and others would create additional traffic indicating a need to improve the road.
MOTION: By Commissioner Kelley and seconded by Chairman Eddings to adopt Resolution
No. PC 2002-0012, certifying the proposed Mitigated Negative Declaration 2002-
0007 and approving Tentative Parcel Map 2001-0027, a request to subdivide two
existing parcels of 4.30 acres and 4.62 acres into three parcels of 2.66 acres, 2.66
acres, and 3.32 acres each, based on findings and subject to conditions with the
addition of a Condition that a road maintenance agreement will be formulated for
this project.
AYES: Commissioners Kelley, Blaser, Fonzi, Bentz and Chairman Eddings
NOES: Commissioners Norton and O'Malley
ABSTAIN: None
Motion passed 5:2 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
5. APPLICATION OF DIAMOND ADULT WORLD FOR EXTENSION OF TIME
FOR TERMINATING NONCONFORMING USE.
Community Development Director Frace announced that the City Attorney has requested a 15 -
minute recess while he meets with the appellant.
Chairman Eddings recessed the hearing at 7:23 p.m.
Chairman Eddings called the meeting back to order at 7:43 p.m.
City Attorney Roy Hanley stated. that there would be a change to the presentation. The applicant
has agreed to have the matter submitted to the Commission on the record that is before it. They
are not agreeing that it is factually accurate, but are agreeing to have the matter submitted on the
record that is before the Commission, preserving their right to appeal any decision made by the
Planning Commission to the City Council. Attorney Hanley advised the Commission and the
public that this would be a de novo hearing when it goes before the City Council, and there
would be the opportunity to put on new evidence and the Council would make its own
independent decision based on the record at that time. The applicant will not make a
presentation at tonight's meeting. Under these circumstances, staff would submit the matter on
its'report, as it exists. Mr. Hanley advised the Commission to open the issue for public comment
City of Atascadero Planning Commis,,on Minutes
Regular Meeting February 19, 2002
Page 6 of 8
before it votes, and then to ask any questions it may have. Attorney Hanley commented that he
is submitting three binders containing Volumes I, II and III of Exhibits to Staff Report to
Planning Commission (Attachinent A), the index to the binders (Attachment B), and a copy of
the application for the hearing (Attachment C) to the Recording Secretary for inclusion in the
Minutes. The City Attorney reminded those present that the only issue before the Planning
Commission this evening is whether or not to grant a two-year extension of the existing use at
this location.
PUBLIC COMMENT
Carol McCracken, 3150 Highway 41 East, Templeton, requested that the Commission not grant
the two-year extension. She told of an incident she had witnessed at the location in question.
John Bradley, 4475 San Jacinto Avenue, made several arguments in favor of denying the two-
year extension including: 1) the loss of two businesses on each side of the location in question,
2) the replacement of those businesses with less than desirable tenants, 3) additional vacancies if
the business remains, 4) the attempt to attract quality businesses necessary for successful
downtown redevelopment will be hampered by this type of tenant, and 5) loss in property values.
John Barlow, 7610 San Marcos, representing the Coalition for Decency, is interested in seeing
that City Ordinances are followed. The Coalition believes that pornography is a major threat to
public health and safety and urged the Commission to deny the extension.
Diane Carmack, 14305 Sandoval Road, stated that Mr. Diamond has had enough time to find
another location and feels that the community would be better served if he were not granted the
extension.
Jon Loken, 5305 Carrizo Road, feels that Mr. Diamond has been in this location too long, and
though he is aware of the City's objections, he continues with his plans intent on becoming a
permanent fixture at this site, Mr. Loken feels that Mr. Diamond could move to another location,
as those interested in the products he sells would travel a longer distance to shop in his
establishment. He encouraged the Commission to deny the extension.
Hershey Thorpe, 8025 Santa Ynez, has lived in Atascadero since 1942 and is upset by Mr.
Diamond's business and feels it is not fitting for children to be exposed to it. He feels Mr.
Diamond has gotten his investment back on the building and asked the Commission to deny the
extension.
Linda Parker, 4825 Navidad Avenue, finds the main street location of Mr. Diamond's business
offensive; she feels it is too close to the Junior High School and High School and provides no
benefit for the City.
Ken Mallett, 4815 Arizona Avenue, spoke about redevelopment and expressed his feeling that a
store of this nature will not promote successful revitalization of the downtown.
City of Atascadero Planning Commistion Minutes
Regular Meeting February 19, 2002
Page 7 of 8
Regina Foster, Paso Robles, expressed her concern with this type of business and feels it will
discourage shoppers from coming to the downtown. She encouraged the Planning Commission
to deny the two-year extension.
Myrna Bradley, 4475 San Jacinto Avenue, felt that Mr. Diamond has had ample opportunity to
recoup his investment. She shared her concerns about the safety of children attending the Fine
Arts Academy and the Junior High School who must walk by the shop. Mrs. Bradley urged the
Commission to deny the extension.
Chairman Eddings closed the Public Comment period.
MOTION: By Vice Chairman Bentz and seconded by Commissioner O'Malley to deny the
request for a two-year extension of the adult sexually oriented business use and
adopt the staff's proposed findings and notify the applicant that he has only 14
days to appeal this decision to the City Council. Those findings include:
1. The applicant has made a substantial investment in the property or structure in
which the use is conducted.
2. The property or structure can be readily converted to another use.
3. The investment in excess of one hundred forty thousand dollars ($140,000.00)
was made after and not before the effective dates of the relevant ordinances
mentioned above.
4. The applicant is able to recoup all of its investment as of the date established
for termination, to wit, April 11, 2001.
5. The applicant has many available legal sites where he could move the use and
has, therefore, not made good faith efforts to recoup the investment and to
relocate the use to a legal location.
AYES: Commissioners Bentz, O'Malley, Blaser, Kelley, Fonzi, Norton, and Chairman
Eddings.
NOES: None
ABSTAIN: None
Motion passed 7: 0 by a roll -call vote.
COMMISSIONER COMMENTS & REPORTS
Commissioner O'Malley stated that he had attended the Atascadero Historical Society meeting
where there was a speaker from San Luis Obispo Planning discussing historic preservation.
Commissioner O'Malley felt the information obtained at that meeting could be useful and
requested a file be started at the Planning Department for reference by community members or
Commissioners. He commended the Historical Society for their work in preserving Colony
homes and other historical features of the community. Additionally, Commissioner O'Malley
referred to the Wood Nymphs restoration and encouraged the Commissioners to make a donation
to the fund.
City of Atascadero Planning Commis on Minutes
Regular Meeting February 19, 2002
Page 8 of 8
Commissioner Fonzi reported that the Main Street Committee met and made a decision
regarding the sidewalk in front of the Carlton Hotel. It has been decided that concrete pavers in
various colors will be installed.
ADJOURNMENT
Chairman Eddings adjourned the meeting at 8:15 p.m. to the next regularly scheduled meeting of
the Planning Commission on March 5, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
Attachment A: Volumes I, II and III -Exhibits to Staff Report to Planning Commission.
Attachment B: Index to Exhibits to Staff Report to Planning Commission
Attachment C: Request for Extension — Diamond Adult World
Cdvlpmnt/PC Minutes 02/PC Minutes 02-19-02,gp.doc
�-..achment # 13
PC Minutes of
o�
City of Atascadero
Exhibits to Staff Report to Planning Commission
December 18, 2001
Volume I
A. Studies Conducted By Cities Documenting The Negative Secondary Side
Effects Of Adult Businesses
1. Partial Summary of Secondary Effect Studies
2. Amarillo, Texas, Planning Department (1977)
3. Austin, Texas, Office of Land Development Services (1986)
4. Beaumont, Texas (1982)
5. Cleveland, Ohio (1977)
6. Garden Grove, California (1991)
7. Houston, Texas, City Council Report (1983)
8. Indianapolis, Indiana, Department of Metropolitan Development (1984)
9. Los Angeles, California, Department of City Planning (1977)
10. Minnesota Crime Prevention Center, Inc. (Minneapolis) (1980)
11. New York, New York (1994)
12. Newport News, Virginia (1996)
13. Oklahoma City, Oklahoma (1986)
14. Phoenix, Arizona (1979)
15. Seattle, Washington, Department of Construction and Land Use (1989)
16. Times Square, New York City (1994)
17. Tucson, Arizona (1990)
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18. Whittier, California (1978)
Volume H
19. 1986 Attorney General's Report on Pornography
Volume III
B. Published Cases
1. 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999)
2. Alameda Books v. City of Los Angeles, 222 F.3d 719 (9th Cir. 2000), cert.
granted 121 S.Ct. 1223 (2001)
3. Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam I'), 154 F.3d 1097
(9th Cir. 1998)
4. Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam II'), 199 F.3d 1111
(9th Cir. 2000)
5. Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam III'), 247 F.3d
1003 (9th Cir. 2001)
6. Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d
504 (1991)
7. Berg v. Health and Hosp. Corp. of Marion County, Ind., 865 F.2d 797 (7th
Cir. 1989)
8. City of National City v. Wiener, 3 Cal.4th 832 (1993), cert. denied 510 U.S.
824
9. City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89
L.Ed.2d 29 (1986)
10. City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), cert. denied
475 U.S. 1064 (1986)
11. Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529
U.S. 1053 (2000)
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00010:-A0
12. Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000) cert. denied 531
U.S. 1072 (2001)
13. Erie v. Pap's A.M. ("Kandyland'), 529 U.S. 277, 120 S.Ct. 1382, 146
L.Ed.2d 265 (2000)
14. FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct. 596, 107 L.Ed.2d
603 (1990)
15. Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995)
16. International Eateries v. Broward County, 941 F.2d 1157 (11th Cir. 1991),
cert. denied 503 U.S. 920 (1992)
17. Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001)
18. Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F.Supp. 1428 (M.D.Fla.
1997)
19. Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir.
1999)
20. Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986)
21. Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir. 1992)
cert. denied 507 U.S. 1030 (1993)
22. Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert. denied 121
S.Ct. 1189 (2001)
23. Michigan ex rel. Wayne County Prosecutor v. Dizzy Duck, 449 Mich. 3539,
535 N.W.2d 178 (1995)
24. Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir.
1993)
25. People v. Superior Court (Lucero), 49 Cal.3d 14 (1989)
26. SDJ, Inc. v. City of Houston, 837 F.2d 1268 (5th Cir. 1988), cert. denied
489 U.S. 1052 (1989)
27. Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986)
28. Tily B., Inc. v. City of Newport Beach, 69 Cal.AppAth 1 (1998)
3
0001 JI.11
29. Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993),
cert. denied 511 U.S. 1030 (1994)
30. Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49
L.Ed.2d 310 (1976)
31. Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531
U.S. 1104 (2001)
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A' hment # 0 --
Pt. Minutes of q •L
LAW OFFICES OF
ROGER .JON DIAMOND q/
2115 MAIN STREET w
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Y
SANTA MONICA, CALIFORNIA 90405-2215
TELEPHONE (310) 399-3259 li'tiSCAD RO CITY MANAGE
FAX (310) 392-9029 �..,�.wm....m�..,
rogdiamond@aol.com
March 6, 2001
Wade G. McKinney, City Manager
6500 Palma Avenue
Atascadero, CA 93422
Re: Diamond Adult World
Dear Mr. McKinney:
Thank you for your letter of February 20, 2001, Steve Diamond. Please be advised that
Mr. Diamond wishes to apply for the two year extension under your ordinance.
Also, please provide us with the addresses of locations where you contend a lawful adult
business could be operated in the City of Atascadero.
Thank you.
Sincerely,
ROGER JON DIAMOND
RJD:jb
0000113