HomeMy WebLinkAboutDRC_2012-07-24_MinutesAUGAPPROVED
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CITY OF I R•
DESIGN REVIEW COMMITTEE
ACTION MINUTES
Regular Meeting — Thursday, July 24, 2012 - 3:30 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER — 3:30 p.m.
Chairperson Fonzi called the meeting to order at 3:30 p.m.
ROI I rAI I
Present: Chairperson Fonzi, Committee Members Kelley, Ward, Cooper, DeCarli
Absent: None
Others Present: Recording Secretary Annette Manier
Recording Secretary Marcia Torgerson
Staff Present: Community Development Director Warren Frace
Assistant Planner Alfredo Castillo
Others Present: Applicants:
Barbara Nunez and William Arkfeld (The Artery)
Don Giessinger (76 Station applicant)
APPROVAL OF AGENDA
MOTION: By Committee Member Kelley and seconded by Committee
Member Ward to hear Agenda Item # 4 (Giessinger) prior to
Item # 3 (Artery), and approve the Agenda.
Motion passed 5:0 by a roll -call vote.
PUBLIC COMMENT
The following person spoke during public comment: Eric Greening.
City of Atascadero Design Review Committee Action Minutes
CONSENT CALENDAR
July 24, 2012
Page 2 of 6
(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 Committee or public wishes to comment or ask
questions.)
APPROVAL OF THE DRAFT MINUTES OF MAY 31, 2012
2. APPROVAL OF THE DRAFT MINUTES OF JUNE 21, 2012
William Arkfeld asked for changes to page 2 of the Draft Minutes of June 21, 2012, regarding
tree mural and his statements. The Design Review Committee denied Mr. Arkfeld's request to
alter the minutes.
MOTION: By Committee Member Cooper and seconded by Committee
Member Kelley to approve the minutes.
Motion passed 4:1 by a roll -call vote. (DeCarli opposed)
DEVELOPMENT PROJECT REVIEW
3. PLN 2012-1438 / DESIGN REVIEW COMMITTEE AND ADMINISTRATIVE USE
PERMIT HEARING FOR 6305 MORRO ROAD
(Previously Item # 4 on the Agenda)
Property
Don Giessinger, PO Box 791, Atascadero, CA 93423
Owner:
Project Title:
PLN 2012-1438 / Administrative Use Permit 2012-0061 / DRC 2012-0026
Project
6305 Morro Road, Atascadero, CA 93422
Location:
APN 030-212-026 (San Luis Obispo County)
Project
The application is a request for a 73 -foot freeway -oriented pole sign located
Description:
near the intersection of Marchant Avenue and Morro Road (Highway 41).
The pole sign will include 128 square feet of signage for an existing gas
station and drive-through restaurant facility.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Tourist (CT)
Proposed
Categorically Exempt Section 15311: Class 11 exemption for construction of
Environmental
placement of a minor accessory to an existing structure (e.g. new sign).
Determination:
Assistant Planner Castillo gave a staff report and answered questions from the Committee.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
City of Atascadero Design Review Committee Action Minutes
PUBLIC COMMENT
None
July 24, 2012
Page 3 of 6
MOTION: By Committee Member Kelley and seconded by Committee
Member Ward to approve Resolution 2012-0007 to allow a
freeway -oriented pole sign in the CT zone at 6305 Morro
Road subject to conditions of approval.
Motion passed 5:0 by a roll -call vote.
DEVELOPMENT PROJECT REVIEW
4. RECONSIDERATION: PLN 2012-1437 / DESIGN REVIEW COMMITTEE AND
ADMINISTRATIVE USE PERMIT HEARING FOR 5890 TRAFFIC WAY (THE
ARTERY)
(Previously Item # 3 on the Agenda)
Property owner:
William Arkfeld, 9135 Santa Margarita Road., Atascadero, CA 93422
Project Title:
PLN 2012-1437 / Administrative Use Permit 2012-0060 / Design
Review 2012-0025
Project
5890 Traffic Way, Atascadero, CA 93422
Location:
APN 029-322-010 (San Luis Obispo County)
Project
Reconsideration to allow murals on the side and rear of The Artery
Description:
building at 5890 Traffic Way in the downtown. The Atascadero
Municipal Code limits wall paintings to the maximum size of a wall
sign (50 sq. ft. on a maximum of two sides of the building), however,
the code allows larger murals through approval of an Administrative
Use Permit (AUP). The Design Review Committee (DRC) will
conduct the AUP hearing.
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Proposed
Class 11 of the California Environmental Quality Act (Section 15311)
Environmental
exempts the construction of new on-site signs.
Determination:
Director Frace gave the staff report and answered questions from the committee. He
explained that this item originally went before the DRC on June 21, 2012, and the committee
found the mural to be inconsistent with the surrounding neighborhood, based on size. A
supplemental packet went out on July 23, 2012, after the agenda was printed. The applicant
has revised his application, thus requesting the committee hear the item as a
reconsideration. The applicant is requesting to remove portions of the tree canopy area
which would reduce the size by about 10%, remove wording, and repair the chipped paint.
Frace stated the content of the mural is not the issue before the DRC, only the size. The
DRC is charged with basing their decision on whether the size and location is appropriate as
murals fall under the City's Sign Ordinance. The City has received a number of comments
City of Atascadero Design Review Committee Action Minutes July 24, 2012
Page 4 of 6
from the public, including letters that were just received. (Exhibit A — Ian Cocroft, Exhibit B —
Daniel Schwartz).
City staff recommended the AUP for the mural be approved with the applicant's proposed
changes.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Chairperson Fonzi — Received many emails.
• Committee Member Kelley - After the first DRC meeting, he met with William Arkfeld
and Barbara Nunez and tried to give them an opportunity to work with the DRC and
come back to the committee.
• Committee Member Ward — He is not pleased with the tone of a lot of the letters that
came in. For the record, he does not think this is a dull and boring town.
• Committee Member Cooper — None
• Committee Member DeCarli - None
PUBLIC COMMENT
The following citizen spoke during public comment: Ilan Funke-Bilu (Artery/Applicant's
Representative) submitted documentation referred to as the Indio Case (Exhibit C). Mr.
Funke-Bilu stated the applicant wants to keep the mural exactly the way it is and this has
nothing to do with signs. Based on the Indo Case, the committee has no jurisdiction over
this issue. The real issue is private property rights and 1St Amendment rights. His request is
to do away with the AUP because this is not a sign. Mr. Funke-Bilu answered questions
from the Committee, and suggested that the committee give this document (Exhibit C) to the
City Attorney for review.
Chairperson Fonzi asked staff where this leaves the committee since this hearing is now
not a reconsideration of the project, but a request to bring it back to where it was
originally? Director Frace said that the applicant should state, for the record, that the
requested reconsideration letter before them is to officially withdraw and the applicant
proposes to go back to the original plan. Chairperson Fonzi asked Mr. Funke-Bilu to restate
his intentions. Mr. Funke-Bilu asked the DRC to do away with the AUP and stated that this
committee has no jurisdiction given this ordinance. Mr. Arkfeld stated that originally, his
intent was to go with a reconsideration, however, he was recently presented with new
information which changed his mind. He is requesting to go back to the original plan.
Chairperson Fonzi stated that this is all new information for the committee and proposed the
committee continue the meeting and ask for legal counsel's advice on this proposal. She
asked for input from the committee. Committee Members Kelley and Ward were in
agreement. Committee Members Cooper and DeCarli asked questions and Chairperson
Fonzi answered their questions.
Mr. Funke-Bilu answered additional questions from the committee. Chairperson Fonzi
asked for a motion to continue the item. Committee Member Kelley said he was
City of Atascadero Design Review Committee Action Minutes July 24, 2012
Page 5 of 6
disappointed with the actions that have taken place. Committee Member Ward made a
motion to delay this until more information is received from legal counsel and the committee
has clear direction.
MOTION: By Committee Member Ward to postpone the meeting until legal
counsel has had a chance to review the document submitted and
the issue at hand.
Motion failed due to lack of a second.
After additional discussion, Director Frace stated that it was at the Chair's discretion to open
public comment or not, regardless of whether or not a decision or final vote would be made
on the item. Chairperson Fonzi asked the committee if there was consensus to hear public
comment. The committee voted as follows:
• Committee Member Ward — no
• Committee Member Cooper — yes
• Committee Member Kelley — no
• Committee Member DeCarli - yes
Chairperson Fonzi announced that she would open the public comment period and would
limit the time to two minutes.
The following citizens spoke during the public comment: Richard Mullen, Kelly Evans, Tom
Claris, and Robert (no last name given).
Chairperson Fonzi closed the public comment period to adjourn for a break at 4:30
p.m.
Chairperson Fonzi readjourned the meeting at 4:37 p.m. and reopened the public
comment period.
The following citizens spoke during the public comment: David Broadwater, Ginny Ranson,
John Reed, Eric Greening, Chris Yuniga, Susan Lara, Ellen Beraud, Mike Brennler, Tina
Salter, Mark Jansen, and Jim Shannon.
Chairperson Fonzi closed the public comment period.
DESIGN REVIEW COMMITTEE DELIBERATIONS
Chairperson Fonzi asked the committee for additional comments and then a motion.
Committee Member DeCarli does not want to see a lawsuit as this would be a waste of
public financial resources. She does not want to take action until the attorney weighs in.
She hopes that from here on out, there will be more decorum, democracy, and tolerance
because this committee is here for the same reason the public is here, for the betterment of
the community.
City of Atascadero Design Review Committee Action Minutes July 24, 2012
Page 6 of 6
MOTION: By Committee Member DeCarli and seconded by
Chairperson Fonzi to continue the meeting.
Motion passed 5:0 by a roll -call vote.
COMMITTEE MEMBER COMMENTS AND REPORTS
None
DIRECTOR'S REPORT
Director Frace announced that the committee may meet again on August 16th to discuss the
Climate Action Plan.
ADJOURNMENT - 5:02 p.m.
MINUTES PREPARED BY:
Annette Manier, Recording Secretary
The following exhibits are available in the Community Development Department
Exhibit A — Email from Ian Cocroft
Exhibit B — Email from Daniel Schwartz
Exhibit C — Document from Ilan Funke-Bilu titled "City of Indio"
Adopted August 16, 2012
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