HomeMy WebLinkAboutMinutes 032304 Approved April 27,2004
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CADET/
CITY OF ATASCADERO
CITY COUNCIL
MINUTES
TUESDAY, MARCH 23, 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION: None
2. Call to Order
a. Conference with labor negotiator (Govt. Code Sec.
54957.6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, Mid-
Management/Professional, Confidential, Atascadero
Firefighters, Service Employees Intl. Union Local 620,
Atascadero Police Assoc.
3. Adjourn
4. CLOSED SESSION REPORT
City Manager Wade McKinney announced no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
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Mayor Luna called the meeting to order at 7:00 p.m. and Council Member O'Malley led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Others Present: City Clerk Marcia McClure Torgerson, Deputy City Clerk Grace
Pucci
Staff Present: City Manager Wade McKinney, Community Services Director Brady
Cherry, Administrative Services Director Rachelle Rickard, Public
Works Director Steve Kahn, Deputy Public Works Director Geoff
English, Community Development Director Warren Frace,
Redevelopment Specialist Marty Tracey, Deputy Community
Development Director Steve McHarris, Associate Planner Kelly
Gleason, Associate Planner Kerry Margason, Assistant Planner
Lisa Wilkinson, Fire Chief Kurt Stone, Police Lt. John Couch and
City Attorney Roy Hanley
COMMUNITY FORUM:
Pastor Steve Shiveley of Cavalry Chapel led those present in prayer.
Mark Cooper spoke about a letter he sent in December to the City Council and Planning
Commission regarding perceived benefits and impacts from,development and read from
that letter.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
Mayor Luna suggested switching Item #13-2 and 3.
MOTION: By Council Member Pacas and seconded by Council Member
O'Malley to hear Items #B-1, then B-3 and then B-2.
Motion passed 4:1 by a roll-call vote. (Clay opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
approve the remainder of the agenda.
Motion passed 5:0 by a roll-call vote.
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PRESENTATIONS:
1. Proclamation declaring April 2004, " Month of the Child"
Mayor Luna read the Proclamation and presented it to Donna Lowe. Ms. Lowe thanked
the Council and spoke about the importance of quality childcare.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley spoke about the League of California Cities sponsored
initiative to be on the November ballot. He encouraged everyone to sign the petition.
Mayor Pro Tem Scalise read from a resolution from University City, MO, (sister city built
by E.G. Lewis) in support of Atascadero as we recover from the earthquake.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — February 24, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of February 24, 2004. (City Clerk)
2. Pine Mountain Transfer of Development Rights GPA 2003-0009/ZCH
2003-0073/DAG 2004-0001 Coromar Avenue ZCH 2003-0072/ZCH
2003-0074/CUP 2003-0129/TTM 2003-0041 Colima Road ZCH 2003-
0076/TTM 2003-0042 Ferrocaril Road-De Anza Estates CUP
Amendment 2003-0067/TTM 2003-0045 (Gearhart, Molina, Johnson)
■ Fiscal impact: The project would likely have a slight negative impact
on City revenues. As a general rule, single-family dwellings require
services that exceed the revenue generated by the proposed uses. In
addition, the retention of Pine Mountain as additional undeveloped
passive open space would likely have a slight negative impact on City
revenues.
■ Staff recommendations: Council:
1. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Zone Change Zone Change 2003-0073 based
on findings; and,
2. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Development Agreement 2004-0001 based on
findings; and,
3. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Zone Change Zone Change 2003-0072 based
on findings; and,
4. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Zone Change Zone Change 2003-0074 based
on findings; and,
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5. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Zone Change 2003-0076 based on findings;
and,
6. Adopt on second reading, by title only, the attached Draft
Ordinance, amending the Zoning Map to designate Planned
Development overlay district 21 on parcel APN 049-163-013 and
049-163-015. (Community Development)
Jenny Corn pulled Item #A-2
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-1.
Motion passed 5.0 by a voice vote.
Item #A-2: Jenny Corn stated her concerns regarding a developer's promise that
Ferrocaril would be closed to construction traffic, which has not been kept. She asked
that the City's agreement with the developer be negated, as he has not met the
condition.
Community Development Director Warren Frace gave Council an update on the street
closure and stated that staff would check and ensure that all access to Ferrocaril is
closed off.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to approve Item #A-2.
Motion passed 4:1 by a roll-call vote. (Pacas opposed) (Item
#A-2.1 Ordinance No. 439, Item #A-2.2 Ordinance No. 440, Item
#A-2.3 Ordinance No. 441, Item #A-2.4 Ordinance No. 442, Item
#A-2.5 Ordinance No. 443, Item #A-2.6 Ordinance No. 444)
B. PUBLIC HEARINGS:
1. General Plan Amendment 2003-0011, Zone Change 2003-0076
Conversion of 0.115 Acres of Commercial Use to Multi-family Residential
Use (5245 EI Camino Real/Stan Sherwin)
■ Fiscal impact: None
■ Planning Commission recommendations: Council:
1. Adopt Resolution A recertifying Proposed Mitigated Negative
Declaration 2002-0044; and,
2. Adopt Resolution B approving General Plan Amendment 2003-
0011 based on findings; and,
3. Adopt Ordinance A introducing an ordinance for first reading by title
only to approve Zone Change 2003-0076 based on findings.
(Community Development)
Council Member O'Malley stepped down from consideration of this item, stating he
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owns property near this project.
Community Development Director Frace announced that due to a printing error,
Resolution B is missing from the agenda packet for this item. The resolution was
distributed to Council. (Exhibit A) Deputy Community Services Director Steve McHarris
gave the staff report and answered questions of Council.
PUBLIC COMMENT
Mary Sherwin, applicant, asked Council to approve the project.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to adopt Resolution A recertifying Proposed Mitigated
Negative Declaration 2002-0044; and, adopt Resolution B
approving General Plan Amendment 2003-0011 based on
findings; and, adopt Ordinance A introducing an ordinance for
first reading by title only to approve Zone Change 2003-0076
based on findings.
Motion passed 4:0 by a roll-call vote. (Item #B-1.1 Resolution
No. 2004-025, Item #B-1.2 Resolution No. 2004-026)
Council Member O'Malley rejoined the hearing.
2. Single Family Planned Development Zone Change 2003-0036 Master
Plan of Development (CUP 2003-0087) Vesting Tentative Tract Map 2003-
0043 7755 Navaioa Ave (Huckobey, Emrich)
■ Fiscal impact: The project would likely have a slight negative impact on
City revenues. As a general rule, single-family dwellings require services
that exceed the revenue generated by the proposed uses.
■ Planning Commission recommendations: Council:
1. Adopt Resolution A certifying Mitigated Negative Declaration 2003-
0051; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2002-0036 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of Development
(CUP 2003-0087) based on findings and subject to Conditions of
Approval and Mitigation Monitoring, replacing Exhibit E with the
revised Grading and drainage plan; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-
0043 based on findings and subject to Conditions of Approval and
Mitigation Monitoring. (Community Development)
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council. Public Works Director Steve Kahn spoke about
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drainage issues on the project.
PUBLIC COMMENT
Russ Thompson, applicant's representative, stated the drainage issue has been dealt
with, and that this area is changing and developing. The applicant agrees with the staff
report and is asking for Council's approval.
Garth Webb expressed his concern with the number of planned developments slated for
this area and the impacts they will bring to the neighborhood.
Colleen Brown spoke about her concerns with a two-story home going in very close to
her property line and the impacts to her neighborhood from the density of this
development.
Cory Meyers thanked the developer and staff for their work on the drainage in this area.
Alexander Rampone stated his concern with a lack of vision or theme in the
development of many neighborhoods in the City.
Tom Bolton stated his opposition to the project. He is concerned with traffic and parking
impacts as well as drainage onto his property.
Russ Thompson spoke about the project and its provision of affordable housing for
Atascadero.
Mayor Luna closed the Public Comment period.
Mayor Luna spoke about the project and its conversion from apartments to a small lot
subdivision. He does not support this project, as it does not provide adequate pubic
benefit.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to adopt Resolution A certifying Mitigated Negative
Declaration 2003-0051; and, introduce for first reading, by title
only, draft Ordinance A approving Zone Change 2002-0036
based on findings; and, adopt draft Resolution B approving
the Master Plan of Development (CUP 2003-0087) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring, replacing Exhibit E with the revised grading and
drainage plan; and, adopt draft Resolution C approving
Vesting Tentative Tract Map 2003-0043 based on findings and
subject to Conditions of Approval and Mitigation Monitoring
and change Condition No. 12 of the CUP to reflect the in-lieu
fees to 5 percent and Condition No. 8 of the Tract Map to
reflect the affordable housing.
Motion passed 4:1 by a roll-call vote. (Luna opposed) (Item
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#B-2.1 Resolution No. 2004-027, Item #B-2.3 Resolution No.
2004-028, Item #B-2.4 Resolution No. 2004-029)
3. Residential Second Unit Study Session
■ Fiscal impact: None
■ Staff recommendation: Council to provide direction. (Community
Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Mayor Luna suggested an amnesty,program for those who might already have second
units, giving them the opportunity to come forward and enabling the City to better track
those units.
Council Member Clay read into the record a letter from Dr. Pat Schechter expressing
her support for second units and their importance to families. Additionally Council
Member Clay read a letter from the Housing Trust Fund in support of second units.
PUBLIC COMMENT
Sorrel Marks stated she would like to be sure the City's resources are not severely
impacted by second units, and does not believe they are the most effective means of
achieving affordable housing goals.
John Heatherington spoke in opposition to the second unit proposal, which he feels is a
loophole for developers to build more units for sale. He is concerned about impacts to
the City's resources.
Sid Bowen stated that second units would provide the opportunity for affordable housing
for senior family members and the community in general and argued in favor of allowing
them.
Pamela Heatherington, Executive Director of the Environmental Center of San Luis
Obispo, urged the Council to do due diligence regarding environmental impacts of
second units and to consider the following issues: sewer versus septic, percolation
testing, one unit to be owner occupied, separate water hook ups and water meters,
creek impacts, groundwater supplies, and the use of trailers as second units.
Alana Reynolds questioned whether modular or mobile homes could be considered as
second units. She is in support of allowing second units for family members and as a
source of affordable housing for properties of an acre or more.
Mitch Paskin asked about similar laws in other cities and how many units have been
built in those cities.
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Doyle Scrivner stated he had tried to get a permit for a second unit but because he lives
outside of the General Plan area he was refused. He stated this was about taking care
of elderly relatives and family members in need, and it is particularly appropriate in rural
areas.
Kathy Johnson stated the granny unit issue was out of control in the city where she
formerly lived. She supports second units in areas of one acre or more if impacts to the
community are considered first.
Rick Vannini expressed his concern with the City's control over the second units that
already exist.
John Goers raised several issues/questions regarding second units including: square
footage to be allowed, what is the actual need in Atascadero, would they be restricted to
family members only, and would services provided by the City be covered by building
fees for second units.
Eric Greening stated his opinion that more second units could possibly provide more
affordable rentals, but there is no analysis of the other side of the equation. He would
like to see a full environmental review for second unit projects, collectively.
Craig Dingman stated his concern that the need for public services would be increased
because of the distance from the property line for these units. He believes there should
be public review for individual requests for second units.
Irene Bishop expressed the following concerns: there was some confusion regarding
tonight's hearing, the General Plan should not be changed by Council for this issue, and
anyone wanting to build a second unit should come before the Council for a variance.
She read a letter from Robert and Beverly Cardillo who were unable to attend tonight's
meeting and are opposed to allowing second units.
Gretchen Gray indicated she was concerned with the footprint of the second unit on lots
relative to the acreage and felt this should be set by the City.
Leon Korba stated he can see both sides of the argument on this, but was concerned
with increased demands on infrastructure.
Jim Carpenter spoke about his experience with trying to build a second unit. He urged
the Council to support second units.
Roger Lovegren spoke in support of second units and their importance for family
members.
Ted Miles spoke in support of providing second units for family members.
Jerry Lemoine spoke about prevention of ground water pollution from septic systems.
He also stated that second units are important for families. He suggested there be a
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deed restriction that one of units be owner occupied.
Joyce Zimmerman read a statement from Lynn and Ed Cabrerra supporting the current
General Plan as it relates to second units.
Randy Nelson expressed his support for second units for family members.
Gretchen Rekor urged Council to consider the amnesty program and to allow second
units where they fit into the city standards.
Carol Nelson-Selby stated her support for integrated infill and second units as long as
they meet setback and sewer issues. She submitted a written document regarding the
advantages of second units. (Exhibit B)
Jerry McDaniel stated he has built a second residence on a one-acre lot. He spoke in
favor of allowing second units for family members. The problem he sees is
incompatibility with some areas in the City, and felt 800 square feet is small if a
caregiver is needed.
Marguerite Bader, President of the League of Women Voters of SLO County, spoke in
favor of second units. She urged expansion of the requirement to less than one acre.
Richard Shannon stated that as a realtor he has seen many granny units converted to
rentals in Atascadero and has found owners do maintain the houses and get good
tenants. In his experience these units do not add a lot of value to the property, but he
supports the use of second units to help elderly family members.
Ann Hatch spoke about the responsibility to invest in the community and provide
affordable housing. She supports allowing second units with reasonable restrictions.
Joanne Main, representing the Chamber of Commerce, spoke in favor of affordable
work force housing. She would like to see second units expanded to the west side of
Atascadero.
John Neil, Atascadero Mutual Water Company, asked Council to consider what the
impact of expanding second units outside of the RSF-Y zone will have on water
resources.
Biz Steinberg, representing the Economic Opportunity Commission, spoke in support of
increasing low to moderate income housing options for the community. She asked that
Council look at expanding the areas where second units are allowed.
Scott Hallett, member of the Firefighters Association, spoke about the impact to City
services from increasing housing density.
Marvin Horowitz felt it was premature to consider second units at this time because all
impacts have not been considered.
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Andrew Carter, volunteer member of the Board of the Workforce Housing Coalition,
spoke in favor of second units as an affordable housing tool and for helping senior
family members. He urged Council to open this up to more areas in the City.
Valerie Godfrey with her daughter Bridgett spoke in favor of allowing second units as
they afford families many options.
Joel Clay stated that water use and septic would be the same if there were a second
unit or just another family member in the main house. It has been his experience that
second units used as rentals do not pencil out.
Greg Slane expressed his support of second units for family members.
Brian Nutt felt rental units on properties were not a bad thing, as they help offset the
cost of the primary residence, and this could open the market to younger buyers in the
community.
Geraldine Brasher read a letter from David Crouch in opposition to allowing second
units on all single family lots in Atascadero. (Exhibit C) Ms. Brasher expressed her
support for the amnesty idea and providing space for family members on a case-by-
case basis.
Dave Garvay questioned why the proposed line stopped at San Rafael when there are
large parcels on the other side that could support a second unit. He spoke in favor of
second units for family members and for expanding it to larger parcels.
Carl Warmood spoke about an elderly parent who would like to move in with him,
however he only has a 3/4 acre property. Because of this, she will be in the house
instead of a second unit, and the impacts to water and sewer would be the same.
Mayor Luna closed the Public Comment period
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
Mayor Luna recessed the hearing at 11:03 p.m.
Mayor Luna called the meeting back to order at 11:09 p.m.
Mayor Luna suggested giving input to staff on second units, do the emergency
resolution and continue the rest of the agenda items.
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Motion: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to give input to staff on second units, do the emergency
resolution and continue the remainder of the agenda items.
Motion passed 5:0 by a roll-call vote.
Each Council Member and Mayor Luna summarized their ideas regarding second units.
Council Member Pacas also submitted her ideas in written form. (Exhibit D)
A majority of the Council agreed to the following summary of items related to second
units:
■ Allow second units on all residential lots 1 acre or more with septic or sewer
■ Allow second units on lots less than one acre with sewer only on SFR lots
■ Foot print percentage restriction on second units, 1000 sq ft maximum
■ Restrictions on how driveways connect to streets with direction to look at Paso
Robles' ordinance
■ Amnesty Program for second units
■ No additional impact studies needed
■ Cost recovery on amnesty program
■ No study of fiscal impacts of second units
■ No additional restrictions on second units related to creek set backs, development
in flood areas and on difficult soil areas.
■ No additional setbacks for second units beyond what the primary unit setbacks are
■ No additional traffic mitigation requirements for second units
■ No study on the water issue
■ Borrow heavily from Paso Roles' ordinance
■ No increase to the enforcement of regulations on second units
■ No second units in Planned Developments without amending the master plans
■ No restrictions for owner occupied
■ No second units allowed in mobile homes and trailers
■ Prevent subdivision on lots with second units
■ Restrictions on architectural character and height
■ One secondary unit per qualifying lot
■ Restrictions or requirements for private open space/landscape design
■ No additional requirements to limit grading and native tree removals
■ No requirement for guest house and its parking to be built near the main house
■ This next goes to Planning Commission then back to Council.
C. MANAGEMENT REPORTS:
1. General Plan Policy Review Hillside Preservation Goals and Policy
■ Fiscal impact: None
■ Staff recommendation: Council to provide direction. (City Manager)
This item was continued.
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2. City Council Policy Hillside Grading Guidelines
■ Fiscal impact: None
■ Staff recommendation: Council approve the attached Hillside Grading
Guidelines. (City Manager)
This item was continued.
3. City Council Policy Mixed Use Development Processing
■ Fiscal impact: None
■ Staff recommendations: Council:
1. Approve the attached Mixed Use Development processing policy.
2. Adopt the attached Prime Commercial site map. (City Manager)
This item was continued.
D. ATTORNEY REPORTS:
1. Emergency Resolution
■ Fiscal impact: Unknown
■ City Attorney recommendation:
Council adopt the draft Resolution continuing in full force and effect the
resolutions declaring the existence of a state of emergency and
directing the City Manager to take direct and immediate acts to repair
or replace public facilities and authorize the mayor to execute it. (City
Attorney)
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt the draft Resolution continuing in full
force and effect the resolutions declaring the existence of a
state of emergency and directing the City Manager to take
direct and immediate acts to repair or replace public facilities
and authorize the mayor to execute it and changing the March
9th date to cover this period of time.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2004-030)
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E. ADJOURNMENT:
Mayor Luna adjourned the meeting at 12:09 a.m. to the next regularly scheduled
meeting of the City Council on April 13, 2004.
MEETING RECORDED ANDMIN TES PREPARED BY:
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Grace ci, Deputy City Clerk
The following exhibits are available for review in the City Clerk's Office:
Exhibit A— Resolution B, Item #13-1
Exhibit B — Carol Nelson-Selby, memo to Planning Commission
Exhibit C — David Crouch, letter
Exhibit D — Council Member Pacas, summary of second unit issues
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