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HomeMy WebLinkAboutPC_2002-07-16_MinutesCALL TO ORDER AFHROVE AU " 6 2002 1 CITY OF ATASCF j PLANNING CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting July 16, 2002 — 7:00 P.M. Chairman Bentz called the meeting to order at 7:00 p.m. and Commissioner Jones led the Pledge of Allegiance. ROLL CALL Present: Commissioners Eddings, Jones, Kelley, Norton, O'Malley, Fonzi and Chairman Bentz Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Planning Services Manager Steve McHarris and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 2, 2002. There was Commission consensus to defer the approval of the Minutes of July 2, 2002 until the next meeting. City of Atascadero Planning Commission Minutes PUBLIC HEARINGS 2. HOME DEPOT NOISE EXCEPTION 2002-0001 Regular Meeting July 16, 2002 Page 2 of 8 Applicant: Home Depot, U.S.A., Inc. Project Title: Noise Exception 2002-0001 Project Location: 905 El Camino Real, Atascadero, CA (Home Depot Commercial Center) Project A request for Noise Exception from strict compliance with Sections 9-14.04 and 9 - Description: 14.05 of the Atascadero Municipal Code, Ordinance No. 245 where such exception will not result in a hazardous condition or a nuisance and strict compliance would be unreasonable in view of all the circumstances. This exception is requested for the 25 - acre Home Depot Commercial Center site General Plan Designation: Single Family Suburban Zoning District: Residential Suburban Proposed PROPOSED CATEGORICAL EXEMPTION CLASS 21: Environmental Categorically Exempt under CEQA Section 15321, Class 21: Enforcement Actions by Determination Regulatory Agencies. Staff Staff Recommends the Planning Commission adopt Resolution No. PC 2002-0036 approving Recommends: Noise Exception EXC 2002-0001, subject to findings and conditions of approval. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT Anne Russell, attorney for the applicant, gave a brief history of the issues involved and detailed the mitigation measures taken by Home Depot. Ms. Russell stated that the applicant is requesting an exception to the normal parking lot noises for a retail center. Additionally they are asking for an exception for nighttime deliveries from independent truckers, deliveries that are not accepted by Home Depot. The one operational issue identified by Home Depot that may violate the noise ordinance are the backup beepers on moving equipment; these are safety features required by Cal OSHA. Ms. Russell answered questions of the Commission and introduced Mr. Charles Salter, giving his qualifications as an acoustical engineer. Charles Salter, acoustical engineer, stated that he believes the noise limits as they currently stand are excessively low and easily violated. He discussed the current noise ordinance and suggested ways to fix it, stating that he would be willing to give ideas to staff when needed. Mr. Salter answered questions of the Commission. Greg George, Real Estate Manager for Home Depot western division, answered questions of the Commission. Commissioner Fonzi asked if Home Depot would consider limiting the hours during which display construction would take place outside of the store. Mr. George stated that he did not believe this would be a problem. City of Atascadero Planning Commission minutes Regular Meeting July 16, 2002 Page 3 of 8 Commissioner O'Malley complimented Home Depot for their willingness to change their standard delivery rules to accommodate the neighborhood. He asked if Home Depot would be willing to work with individual homeowners to mitigate noise on their properties. Mr. George indicated that they would keep an open mind on this issue. Allen Schulz, 4500 Santa Cruz Road, commended Home Depot for taking measures to mitigate the noise levels on their property, however there are still problems with noise and he is concerned that more noise will be produced if the requested exceptions are approved. He asked the Commission to be careful that they do not create other problems by approving the exception. Pat Schulz, 4500 Santa Cruz Road, read a prepared statement from Jim and Monica Firchow stating that they are opposed to lifting any existing ordinances at Home Depot (Attachment A). Speaking for herself, Mrs. Schulz thanked Commissioners Fonzi, Eddings, Chairman Bentz and Community Development Director Warren Frace for their efforts in mitigating lighting impacts at Home Depot. She indicated that she is not bothered by the noise made by customers at Home Depot, however, she is concerned that this exception may open the doors to nighttime deliveries and other possible noise issues. Dave Cary, 4000 Santa Cruz Road, feels that on weekends the noise is very intrusive from Home Depot, particularly from the forklifts. He asked if anyone has considered moving the forklift operations to the west side of the facility nearer to the freeway. He is not in favor of the granting the exception. Lori Ogit, 4400 Santa Cruz, stated that she has witnessed trucks unloading in the evening hours at Home Depot and that she has heard the forklifts going until 12:30 a.m. She does not support the noise exception. Pam Wilson, Santa Cruz, indicated that she hears the beepers constantly and it is very annoying. She is concerned with the loss of rural atmosphere and asked the Commission to deny the exception. Anne Russell, attorney for the applicant, apologized to the neighbors for any forklifts operating after 9:00 p.m. She stated that forklifts are not to operate between the hours of 9:00 p.m. and 7:00 a.m., and that it is not Home Depot's intention to violate the ordinance during the nighttime hours. Commissioner O'Malley asked about enforcement of the conditions for noise mitigation at Home Depot. Mr. McHarris stated that this exception would provide for specific noise source violations, which could be easily identified by the police department and citations could be issued. Community Development Director Frace indicated that the mitigation measures at this time are voluntary. One of the benefits of granting the exception is that it will give the Commission the opportunity to recondition the project. Therefore, after approval of the exception, those mitigation measures will no longer be voluntary; they will become conditions of operation, enforceable by the police department. Chairman Bentz closed the Public Comment period. City of Atascadero Planning Commission Ainutes Regular Meeting July 16, 2002 Page 4 of 8 Chairman Bentz stated that he has looked at the property and studied the reports and feels that Home Depot has been a good neighbor, however the existing noise ordinance has defects in it which should not be the burden of the Home Depot. Commissioner Eddings felt that what staff is recommending is reasonable and that enforcement is the key to successful noise mitigation at the center. A discussion ensued regarding mitigation of forklift warning device noise. Ms. Russell read from the Cal OSHA Construction Safety Orders which require: "1) either an automatic audible backup alarm, which would sound immediately on backing up, or 2) an automatic breaking device at the rear of the vehicle that will apply the service brake immediately on contact with any obstruction to the rear, or, 3) in lieu of 1 or 2, administrative controls such as a spotter or a flagger in clear view of the operator who shall direct the backing operation or other procedures which require the operator to dismount and circle the vehicle immediately prior to starting a backup operation or prohibiting all foot traffic in the work area, or 4) other means shall be provided that will furnish safety equivalent to the foregoing for personnel working in the area. All vehicles shall be equipped with a manually operated warning device, which can be clearly heard from a distance of 200 feet." Commission suggestions for mitigating the forklift noise included: 1) adjusting times of operation, 2) requiring backup beeper to be disconnected from 6:00 to 9:00 in the evening and the use spotters for backup operations, and 3) do more research on possible mitigations and return to the Commission with viable options. MOTION: By Commissioner Jones and seconded by Commissioner O'Malley to adopt Resolution No. PC 2002-0036 a resolution by the City of Atascadero Planning Commission for approval of Noise Exception 2002-0001, a Noise Exception for the Home Depot of U.S.A., Inc. CPK and PD -9 Commercial Park overlay zoning district on APN 049-045-001 subject to the proposed conditions of approval found on page 19, each and every one 1-6. Commissioner Fonzi referred to page 16 of the Resolution and the exemption of periodic construction and demolition of outdoor displays and felt that this item needed to be addressed and expanded to limit the hours of power tool usage for construction and demolition to 9:00 a.m. to 5:00 p.m. Additionally, she is concerned with issues raised by neighbors, particularly the noise emitted from the forklifts and street sweepers, and feels the applicant should be given the opportunity to find alternate solutions to this problem. Commissioner Fonzi also felt there could be stronger worded signage for independent truck drivers who may attempt to made deliveries after hours. Commissioner Kelley stated that he was in favor of the resolution and asked if there were a possibility for the neighbors and Home Depot to meet and attempt to resolve the issue of the forklifts. Commissioner Jones was in agreement with appending this stipulation to the Motion adding that what he was attempting to do with the Motion was to put something in place that was enforceable now. He would like to see Home Depot look seriously at the comments of the neighbors and felt it would be appropriate to include this as a recommendation. City of Atascadero Planning Commission minutes Regular Meeting July 16, 2002 Page 5 of 8 MOTION: By Commissioner Jones and seconded by Commissioner O'Malley to adopt Resolution No. PC 2002-0036 a resolution by the City of Atascadero Planning Commission for approval of Noise Exception 2002-0001, a Noise Exception for the Home Depot of U.S.A., Inc. CPK and PD -9 Commercial Park overlay zoning district on APN 049-045-001 subject to the proposed conditions of approval found on page 19, each and every one 1-6, with the recommendation that the management of Home Depot or their legal department contact all adjoining neighbors affected by the noise and organize a neighborhood workshop to try to resolve the issue of noise from the forklifts. AYES: Commissioners Jones, O'Malley, Norton, Eddings, Kelley, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 7: 0 by a roll -call vote. Commissioner O'Malley suggested that Home Depot organize a hotline for neighbors who wish to report any noise incident after hours. Chairman Bentz recessed the hearing at 8:42 p.m. Chairman Bentz called the meeting back to order at 8:52 p.m. 3. CONDITIONAL USE PERMIT 2002-0053: ELKS LODGE AMENDMENT Applicant: Benevolent Protective Order of Elks Project Title: Conditional Use Permit 2002-0053 Project Location: 1516 El Camino Real, Atascadero, CA APN 049-131-032 Project A request to amend an existing conditional use permit to allow for the construction of Description: a 7,000 square foot lodge building, a 14,000 square foot light industrial building and a 15 -space RV campsite for Elks member use only. The site area is approximately 2.8 acres and occupied by a season Christmas tree stand. General Plan Designation: Commercial Park Zoning District: Commercial Park Proposed PROPOSED RECERTIFICATION OF 3/4/97 MITIGATED NEGATIVE Environmental DECLARATION: Determination Staff is recommending that the Planning Commission recertify the previous approved negative declaration for the original Conditional Use Permit. Staff Adoption of Planning Commission Resolution 2002-0038 approving Conditional Use Recommends: Permit 2002-0053, a request to allow for the construction of a 7,000 square foot membership lodge building, a 14,000 square foot light industrial building and a 14 space RV camp site for Elks member use only subject to findings and conditions. City of Atascadero Planning Commissioi „ninutes Regular Meeting July 16, 2002 Page 6 of S Commissioner Kelley stepped down on this hearing stating that he is a member of the Elks. Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Greg Ravatt, 5245 Mercedes Avenue, architect for the project, went over the history of the project and the site plan and responded to questions raised by the Commission. Commissioner Fonzi expressed appreciation for the design of the building. She expressed concern with the lack of landscaping in the new design and suggested that the landscaping be compatible with other frontages along El Camino Real. Bob Brown, Atascadero, past Exalted Ruler of the Atascadero Elks, addressed the question of landscaping along the freeway frontage of the building. He reported that the Elks Lodge in Santa Maria had been required years ago to put in landscaping to screen their lodge from the freeway, however recently the State of California has required that it be taken out. Chairman Bentz closed the Public Comment period. Commissioner Eddings commented that the Elks are a fine organization of volunteers who are local residents. He feels their project is excellent looking with adequate landscaping and sees no reason to require them to develop frontage improvements for the parcel they are splitting off and he supports this project. Commissioner O'Malley agreed with Commissioner Eddings and feels community organizations should be encouraged. Commissioner Jones also agreed with Commissioner Eddings and feels the Elks have done an outstanding job on this project and he is anxious to see it built. MOTION: By Commissioner O'Malley and seconded by Commissioner Eddings to adopt Resolution 2002-0038 approving Conditional Use Permit 2002-0053, a request to allow for the construction of a 7,000 square foot membership organization lodge building, 14,000 square foot light industrial building and 14 space RV campsite for Elks member use only subject to findings and conditions. AYES: Commissioners O'Malley, Eddings, Jones, Norton, Fonzi and Chairman Bentz NOES: None ABSTAIN: Commissioner Kelley Motion passed 6:0 by a roll -call vote. City of Atascadero Planning Commission minutes Regular Meeting July 16, 2002 Page 7 of 8 COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE REMOVAL PERMIT 2002-0017: 8335 PASEO DE CABALLO LOT #41 Request to remove one (1) native oak tree, a 36 -inch Coast Live Oak, in conjunction with the construction of a new single family at 8335 Paseo De Caballo. Staff Recommends: The Planning Commission adopt Resolution PC 2002-0037 approving the removal of a 36 -inch native Live Oak subject to the mitigation requirements set forth in the Atascadero Native Tree Ordinance and specified within the project conditions. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. MOTION: By Commissioner Kelley and seconded by Vice Chairman Fonzi to adopt Resolution PC 2002-0037 approving the removal of one native oak subject to the mitigation requirements set forth in the Atascadero Native Tree Ordinance and specified within the project conditions and exhibits. AYES: Commissioners Kelley, Fonzi, O'Malley, Eddings, Jones, Norton and Chairman Bentz NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Commissioner O'Malley asked about the status of the Main Street zoning change proposal. Director Frace stated that this is a work program on staff's list; it will be assigned a specific timeline and should be to the Commission for their review in a month or two. Commissioner Norton announced that she has been selected as the new Executive Director for Atascadero Main Street. She is very happy to have the position and encouraged anyone with Main Street questions or concerns to please contact her. Chairman Bentz stated that he feels the right person has been chosen for the Main Street Executive Director position and he congratulated Commissioner Norton. City of Atascadero Planning Commission ., mutes Regular Meeting July 16, 2002 Page 8 of 8 ADJOURNMENT Chairman Bentz adjourned the meeting at 9:42 p.m. to the next regularly scheduled meeting on August 6, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Gr ucci, Recording Secretary Attachment A — Jim and Monica Firchow, 4605 Santa Cruz Road Adopted 8/6/02 Cdvlpmnt/PC Minutes 07-16-02.gp.doc Attach nt # fi PC Minutes of_ Mr. and Mrs. Jim Firchow 4605 Santa Cruz Road Atascadero, CA 93422 462-2717 July 16, 2002 City of Atascadero Planning Commission Attention: Mr. Warren Frace Thank you for notifying us of the planning commission public hearing for the Home Depot Commercial Center. An invitation for our voices to be heard regarding neighborhood matters is always encouraging. In regards to the Home Depot and the Noise Exception policy, my opinion is very simple. We do not agree with lifting any existing ordinances or regulations concerning noise coming from the Home Depot. These regulations have already been violated several times even after the `lawsuit' against Home Depot. We can imagine if these regulations are lifted or even altered in anyway that HD will take more than it is given. Our last comment has to do with our neighborhood, we would like to keep our fading `rural atmosphere' for as long as we can and giving in to encroaching businesses is going to rid us of our much loved country environment that we have invested in. Thank you for your effort and your time. cerely, _ l ezf L2 �.�ln/ im and Monica Fircho 0000 -IL 5