HomeMy WebLinkAboutPC Minutes 04-07-04CITY OFATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
Wednesday, April 7, 2004 — 7:00 P.M.
CALL TO ORDER
Chairperson Kelley called the meeting to order at 7:01 p.m. and Commissioner Porter led the
Pledge of Allegiance
ROLL CALL
Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter and Chairperson
Kelley
Absent: Vice Chairperson Jones
Staff Present: Community Development Director Warren Frace, Deputy Community
Development Director Steve McHarris, Associate Civil Engineer Jeff van
den Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry
Margason, City Attorney Roy Hanley and Recording Secretary Grace
Pucci.
APPROVAL OF AGENDA
Chairperson Kelley suggested the agenda be changed to allow Item # 3 to be heard prior to Item
#2.
MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to
approve the revised agenda.
Motion passed 6:0 by a roll -call vote.
PUBLIC COMMENT
Eric Greening asked about the outcome of the Planning Commission's March 2nd tree ordinance
discussion.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON MARCH 16, 2004.
Commissioner Beraud asked that the Minutes of March 16, 2004 be revised as follows: pg. 7
Item #4 the minutes to reflect that she voted against the motion because the 30 -foot creek setback
was not upheld.
MOTION: By Commissioner Fonzi and seconded by Commissioner Beraud to
approve the Minutes of March 16, 2004 as revised.
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
2. Conditional Use Permit 2004-0122, Traffic Way Mixed Use
Applicant:
Marc Eisemann, 4875 Shadow Canyon Rd., Templeton, CA 93465, Phone: 239-1701
Hugh Bateman, 5025 Shadow Canyon Rd., Templeton, CA 93465, Phone: 238-0297
Project Title:
Conditional Use Permit 2004-0122 - Traffic Way Mixed Use
Project
5802 Traffic Way, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 029-322-012
Project
The proposed project consists of an application for a Conditional Use Permit for a
Description:
Commercial/Residential Mixed -Use Development located on a .394 -acre parcel within the
Downtown Commercial (DC) Zoning District. Three new buildings are proposed on site as
follows: Building #1 includes vertical mixed-use with two commercial/retail uses on the lower
floor facing Traffic Way and two 2 -bedroom residences on the upper floors each with an attached
garage. At the rear of the site are two separate residential buildings, as follows: Building #2
includes a 2 -bedroom residence with an attached garage. Building #3 includes two 2 -bedroom
residences each with an attached garage. Site improvements include guest parking and site
landscaping.
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed.
Environmental
The proposed Mitigated Negative Declaration is available for public review from 3/17/04 through
Determination:
4/5/04 at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to
5:00 p.m., Monday through Friday.
Deputy Community Development Director Steve McHarris provided the staff report and
answered questions of the Commission. The following changes to the staff report were noted:
Staff Report
Page 30 — Commission certifies the mitigated negative declaration and approves the project.
Mitigation Measures
Page 43 — MM Le.1 Delete reference to front yard landscaping along ECR.
Page 45 — MM 4.e.1 through 4.e.3 Delete
Page 46 — MM 5.a.1 through 5.a.4 Delete
Conditions
Page 41 — Condition 12 to read: "All exterior material finishes... shall be durable, high
quality, and consistent with the selected architectural design."
PUBLIC COMMENT
Ruel Czach, architect and project designer, stated the project was well designed and a good
addition to the downtown. Mr. Czach answered questions of the Commission.
Bob Wilson, owner of El Paseo Plaza adjacent to this project, objected to this type of
development at this location. He questioned the size of the footprint and the lack of parking. He
asked that this project be denied.
Marc Eisemann, applicant, answered questions of the Commission.
Chairperson Kelley closed the Public Comment period.
MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to
adopt Resolution No. PC 2004-0035 certifying Proposed Mitigated
Negative Declaration 2004-0012; and adopt Resolution No. PC 2004-
0036 approving Conditional Use Permit 2004-0122 based on findings
and subject to Conditions of Approval and Mitigation Monitoring,
and with the addition to Condition of Approval No. 22 that sidewalks
be comparable to those in the downtown area by the Carlton and
adding the changes recommended by staff.
Motion passed 6:0 by a roll -call vote.
3. Zone Change 2002-0025, Code Text Amendment pertaining to the Noise Ordinance
and restriction of motorcycle use on private property.
Applicant:
City ofAtascadero
Project Title:
Zone Change 2002-0025
Project Location:
Applies City wide
Project
PROPOSED ZONING CODE TEXT AMENDMENTS ADDING SECTIONS REGULATING
Description:
MOTORCYCLES AS AN ACCESSORY USE, OUTDOOR AMPLIFIED NOISE AND COST
RECOVERY FOR NOISE DISTURBANCES.
City Attorney Roy Hanley provided the staff report and answered questions of the Commission.
PUBLIC COMMENT
Doug Marks expressed his concerns with the proposed ordinance and asked that the right to
peace and quiet in Atascadero be preserved.
Jerry Robinson stated he fully supports the rights of property owners to use their property as they
see fit as long as it does not impact on their neighbors.
James Larson spoke about the advantages of allowing motorcycle use by young people and
encouraged setting appropriate standards as well as open communication between neighbors.
Tom Bruner expressed his support for allowing 4 -stroke motorcycle use on private property.
John Yorland questioned the political process that led to this proposed ordinance.
Eric Greening spoke about the growth of the community and the change to residential from rural.
He stated that the ordinance as proposed was essentially unworkable, and he commended the
efforts of the motorcycle users to get this recreational use moved outside of the city limits.
Sorrel Marks indicated that the proposed ordinance does not address the noise and dust issues of
motorcycle use as directed by the City Council. She stated that motorcycle use in residential
areas reduces property values, and suggested landscaping and screening requirements and
prohibition of use on holidays and weekends.
Tim Pilg representing the Central Coast Motorcycle Association, raised several points including:
1) the number of motorcycle tracks actually in existence, 2) use of mediation between concerned
parties, 3) propose a motorcycle park on rural property, 4) importance of this activity for youth.
Nancy Spitzer expressed her concern with negative effects on property values if this ordinance is
passed and the necessity of full disclosure of noise impacts when selling a property.
Bob Briggs distributed pictures to the Commission of a motorcycle track on the property next to
his. He spoke of the problems he has experienced because of this track. He questioned the
process for complaints and the need for more definitive enforcement of the ordinance.
Randy Benet disputed the negative effects of disclosure of a motorcycle track on property values.
She spoke in support of setting specific times for allowing motorcycle riding.
Vern Lewis stated he retired to Atascadero for the peace and quite and would like to see that
continue.
Carl Spitzer indicated that there is no acceptable use for motorcycles in residential areas. He
spoke in favor of the principle of the quiet enjoyment of one's property, and the negative effect
on property values.
Wendy Small spoke against enacting this ordinance and in favor of allowing motorcycle use on
private property.
David Nichols disputed the contention that motorcycle usage reduces property values. He is in
favor of supporting family oriented activities such as motorcycle riding on private property.
Warren Miller stated the basic problem is the lack of respect for neighbor's concerns. He is not
in favor of another ordinance, and encouraged more communication between neighbors.
Dave Dunham urged the Commission to consider a compromise to the proposed ordinance
allowing more time for motorcycle usage.
Rosemarie Bem indicated that it has not been her experience that speaking with motorcycle
riders would stop the noise or activity in her neighborhood. She asked that all motorcycle use
within the City of Atascadero be banned.
Robin Elliot spoke in favor of allowing the use of motorcycles on private property.
Joel Smallwood stated he is against any ordinance restricting motorcycle use in Atascadero. He
would like to see neighbors work together to eliminate the problem.
Jeanne Hennier with her son Christopher spoke in favor of allowing motorcycle riding and
indicated that it was a safe activity for young people.
Danny Kramer stated he has tried to work with his neighbors who ride motorcycles, but they are
unwilling to compromise.
Malcolm Rowe spoke about a friend whose property has motorcycle track, and stated it has been
devalued not because of the track, but because of a complaining neighbor. He supports allowing
motorcycle riding on private tracks.
Lisa (no last name given) stated she rode motorcycles when she was younger and spoke in favor
of allowing motorcycle use in the community.
Ron Berryman stated the issue is not motorcycles but rather noise and decibels of noise
applicable to any activity.
Sid Bowen stated that good neighbors should be able to work out issues such as noise. He is not
in favor of another ordinance, but made suggestions if one is to be adopted.
Amy Larson spoke in favor of allowing motorcycle tracks on private property.
Lynn Miller expressed concern about air quality control issues related to motorcycle riding. She
likes the idea of limiting the times motorcycles can be ridden, but is not in favor of another
ordinance.
Chairperson Kelley closed the Public Comment period.
Chairperson Kelley recessed the hearing at 9:21 p.m.
Chairperson Kelley called the meeting back to order at 9:28 p.m.
Chairperson Kelley asked City Attorney Hanley to address some of the questions raised during
the Public Comment period.
Chairperson Kelley expressed his opinion that neighbors should be able to work these types of
problems out. He indicated there might not be a need for another ordinance, as there are already
codes in place to take care of this problem.
Commissioner Beraud thought it would be good to encourage the county to establish a public
track. Though not in favor of another ordinance, if it were a compromise that helped people to
live together it would be a good idea.
Commissioner Porter expressed concern that this ordinance would restrict motorcycle riding in
areas where problems don't exist. He would like a remedy that addresses specific situations
where an agreement between the parties cannot be reached and where abusers only would be
cited.
Commissioner O'Keefe stated that not all issues raised by the public have been adequately
addressed, and that the ordinance as proposed is a good start. She supports the proposed
ordinance as people's quality of life has been affected.
Chairperson Kelley proposed a six-month waiting period on this ordinance to allow neighbors to
work this out between themselves. He suggested involving the police department in
neighborhood meetings and to encourage measures to quiet down the motorcycles.
Commissioner Fonzi felt there was a need for mutual respect between neighbors. She would like
to see the tracks identified, where are they, how loud are they, etc. She would like more
information before she would be willing to vote on an ordinance.
Commissioner Peterson stated that if this problem could be solved between neighbors the
Planning Commission wouldn't be considering it tonight. He feels an ordinance is necessary to
address these issues and should make recommendations regarding times, days and number of
hours motorcycle use would be permitted.
Commissioner Beraud stated that there needed to be some help for those who cannot work it out.
She is concerned with the enforceability of the ordinance, she sees a need, but does not think it
will function well in the long run.
MOTION: By Commissioner Kelley and seconded by Commissioner Porter that
the City adopt a six month moratorium on initiating an ordinance and
with the cooperation of the Police and Planning departments, that
these neighborhood tracks be identified and that neighborhood
meeting are set up where the track owners and the neighbors can get
together to set guidelines for the use of the tracks using some of
tonight's suggestions, and after a six month period if there are more
complaints from any citizens within the City that it be brought back
to the Planning Commission.
Motion failed 4:2 by a roll -call vote. (O'Keefe, Beraud, Peterson, Fonzi
opposed)
MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to
adopt Resolution PC 2004-0041 recommending that the City Council
introduce an ordinance for first reading to amend Article 9, Chapter
14, Section 3, and repeal Article 9, Chapter 4, and amend Article 9,
Chapter 14 to add sections 13 and 14 of the Atascadero Municipal
Code.
Motion failed 3:3 by a roll -call vote. (Fonzi, Porter, Kelley opposed)
MOTION: By Commissioner Fonzi and seconded by Chairperson Kelley to return
this item to the Commission in one month with information on location of
the tracks, and hours of operation, and with additional public input.
Discussion:
Commissioner O'Keefe questioned how staff would determine where these tracks are located.
Community Development Director Frace stated that the City Council must give direction before
staff would proceed such an investigation. Commissioner O'Keefe suggested approving the staff
recommendation with the additional suggestion of obtaining the requested information.
MOTION: By Commissioner Fonzi and seconded by Chairperson Kelley to make
a recommendation to the City Council to continue this for a
determined period of time to get more information about these tracks.
Motion passed 5:1 by a roll -call vote. (O'Keefe opposed)
NOISE SOURCE EXEMPTIONS
City Attorney Roy Hanley explained the staff recommendations for noise source exemptions.
Chairperson Kelley suggested a blanket policy that during the summer months concrete work
could begin at 6:00 a.m. Additionally he recommended that garbage pickup could not
commence until after 7:00 a.m.
Commissioner O'Keefe suggested that staff check with the garbage disposal companies before
making changes to determine if there would be a conflict in scheduling.
MOTION: By Chairperson Kelley and seconded by Commissioner Fonzi to
accept the ordinance with the following changes:
1) Address the hot summer months for concrete—hours for starting
concrete work only could begin at six a.m. during the hot summer
months, and any deviation would require special permission from
the Building/Planning Director,
2) 9-14.03(c) amended as follows: Noise sources associate with
construction, provided such activities do not take place before
seven a.m. or after nine p.m. seven p.m.
3) Noise sources for garbage trucks: Garbage trucks, like other noise
sources in the city can't begin before seven a.m.
Motion passed 4:2 by a roll -call vote. (O'Keefe and Beraud opposed)
COST RECOVERY
City Attorney Roy Hanley explained the staff recommendations regarding cost recovery.
Chairperson Kelley inquired about the time and cost to city staff to enforce fines. He stated cost
recovery was uncalled for as the judicial system would solve any such problems, and indicated
he is against this.
MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to
adopt Section 9-14.14 for cost recovery for response to disturbances.
Motion passed 5:1 by a roll -call vote. (Kelley opposed)
4. Zone Chane 2003-0071, Conditional Use Permit 2003-0118, Tentative Parcel Map
2003-0052, 5559, 5569 Rosario / 5528 Tunitas PD -7
Applicant:
William Mehring, 11190 Santa Lucia Rd., Atascadero, CA 93422, Phone: 466-1011
Project Title:
5528 Tunitas Avenue / 5559, 5569 Rosario Avenue; PD -7; Zone Change 2003-0071, Conditional
Use Permit 2003-0118; Tentative Parcel Map 2003-0052 for a 4 -lot PD -7 subdivision.
Project
Rosario Avenue, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 029-081-010
Project
The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description:
Tentative Tract Map. The proposed project consists of three new single-family homes and the
retention of one existing single-family home located on individual lots that will be developed
under the requirements of the PD -7 overlay district within the Residential Multi -Family (RMF -10)
zoning district. The project includes one home per lot each with a two -car garage and a single
guest parking space. Three native trees will be removed.
General Plan Designation: Medium Density Residential — MDR
Zoning District: Residential Multiple Family— RMF -10
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed.
Environmental
The proposed Mitigated Negative Declaration was available for public review from 3/19/04
Determination:
through 4/7/04 at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00
a.m. to 5:00 p.m., Monday through Friday.
Associate Planner Kelly Gleason provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
William Mehring, applicant, spoke about the options he had looked at for this property and the
choice he ultimately made. He wanted to keep the project consistent with the neighborhood, and
used a two-story design to lessen the footprint.
Marge Mackey expressed concern about this project. She agrees with the additional two houses
on the back of the property, but would like the original house left as it is to be compatible with
the neighborhood. Mrs. Mackey is opposed to the project as designed.
Johanna Walters lives next door and is worried about the ditch that goes from Rosario down her
property to Tunitas. In addition, she is concerned with congestion on the street from this project.
Lynn Miller stated her support for this project.
Chairperson Kelley closed the Public Comment period.
At the request of Chairperson Kelley, David Athy, Civil Engineer for this project, spoke about
the drainage ditch mentioned earlier and how it would be addressed.
Steve Alvarez, Arborist, spoke about the impacts to the trees on the property.
Commissioner O'Keefe recommended bonding for the remaining trees on the property given her
concern about the number of trees to be impacted.
William Mehring addressed the concerns raised regarding tree protection. Mr. Mehring stated he
would like to stay with the mitigation measures in the staff report, but would look at bonding if it
were not expensive and would actually be effective. Mr. Mehring answered questions of the
Commission.
MOTION: By Commissioner Fonzi and seconded by Chairperson Kelley to adopt
Resolution No. PC 2004-0037 recommending that the City Council
certify Proposed Mitigated Negative Declaration 2004-0007; and,
adopt Resolution No. PC 2004-0038 recommending that the City
Council introduce an ordinance for first reading by title only to
approve Zone Change 2003-0071 based on findings; and, adopt
Resolution No. PC 2004-0039 recommending that the City Council
approve the Master Plan of Development (CUP 2003-0118) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring and adding Lot 4 drainage realignment; and, adopt
Resolution No. PC 2004-0040 recommending the City Council
approve Vesting Tentative Parcel Map 2003-0052 based on findings
and subject to Conditions of Approval and Mitigation Monitoring,
and with an addition to Condition of Approval 4e.4(d) to require the
arborist's report to conclude the health of the impacted trees and
summarize any additional fees that need to be paid into the mitigation
fund for trees with poor viability.
Motion passed 6:0 by a roll -call vote.
COMMISSIONERS COMMENTS & REPORTS
Commissioner Beraud asked if consideration has been given to having the Planning Commission
meetings broadcast on the radio. She stated the Monterey conference was good and thanked the
City for allowing her to go.
Chairperson Kelley requested a representative from the Police and Fire Departments attend the
next Planning Commission meeting in reference to the homeless shelter.
Commissioner Beraud asked if a representative from the Police Department could attend any
potential future hearing on the motorcycle issue.
DIRECTOR'S REPORT
Community Development Director Warren Frace reviewed the agenda for the April 20th
Planning Commission meeting. Director Frace reported on the success of the Planning
Commission Conference and asked Commissioners to share any interesting ideas they may have
learned from the conference. He asked that all outstanding receipts for travel or
accommodations be forwarded to Annette Manier.
ADJOURNMENT
Chairperson Kelley adjourned the meeting at 11:07 p.m. to the next regularly scheduled meeting
of the Planning Commission on April 20, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
\\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 04\PC Draft Minutes. 04-07-04.doe
Adopted 4/20/04