HomeMy WebLinkAboutPC Minutes 03-07-06CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, March 7, 2006 — 7:00 P.M.
Chairperson Beraud called the meeting to order at 7:02 p.m. and Commissioner Fonzi
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Fonzi,
Chairperson Beraud
Absent: Commissioner Jones
Kelley, Porter, Slane, O'Keefe and
Staff Present: Community Development Director Warren Frace, Police Chief John
Couch, Deputy Community Development Director Steve McHarris,
City Attorney Patrick Enright and Recording Secretary Grace Pucci.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Porter to approve the agenda.
Motion passed 6:0 by a roll -call vote.
PUBLIC COMMENT
Jerry James expressed concern regarding illegal grading at the Calvary Chapel at 6955
Portola Road and the resulting damage in the surrounding neighborhood. Mr. James
distributed a handout to the Commission. (Exhibit A)
Chairperson Beraud closed the Public Comment period.
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CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 21, 2006.
Chairperson Beraud asked for a change to the Minutes of February 21, 2006: Page 8
second and eighth paragraphs under Public Comment, William Baring changed to
William Mehring.
Vice Chairperson O'Keefe requested a change to the Minutes of February 21, 2006,
Agenda Item #3: addition of a third question she had asked of staff regarding what
determines a front yard and staff's response that a lot facing a street is always the front
yard; that the front yard is not determined by the location of the front door. She asked
that the Recording Secretary listen to the tape and make the changes.
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Slane to approve Item #1 as amended.
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
2. ZONE CHANGE 2006-0114
Applicant:
City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Phone: 461-5000
Project Title:
Zone Change 2006-0114, Zone Text Amendment
Project
The proposed Zoning Code Text Amendment may change sections of the Atascadero
Location:
Municipal Zoning Code within the CR (Commercial Retail) and CS (Commercial Services)
Zoning Districts.
Project
The proposed project consists of an application for a Zone Text Amendment to update
Description:
allowable and conditionally allowed uses within Commercial Zoning Districts
throughout the City consistent with the General Plan. Amend Conditional Uses to
include: Medical Marijuana Dispensary (See Chapter 12 of Title 5). It is the purpose
and intent of this proposed Ordinance to regulate Medical Marijuana Dispensaries in
order to promote the health, safety, morals, and general welfare of the residents and
businesses within the City. It is neither the intent nor effect of this Ordinance to condone
or legitimize the use of marijuana.
General Plan Land Use Designation: General Commercial (GC)
Zoning Districts: Commercial Retail (CR) and Commercial Service (CS)
Proposed
Based on the initial study prepared for the project, a Negative Declaration is proposed.
Environmental
The proposed Negative Declaration is available for public review from 2/10/06 through
Determination:
3/1/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to
5:00 p.m., Monday through Friday.
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City Attorney Patrick Enright gave the staff report and with Community Development
Director Warren Frace and Police Chief John Couch answered questions of the
Commission.
PUBLIC COMMENT
Charles Lynch, owner of Central Coast Compassionate Caregivers, encouraged the
Commission to vote for allowing this use in both the Commercial Retail and Commercial
Services zones and suggested that the hours go to six or seven in the evening to
accommodate patients who come in after 5:00 p.m. Mr. Lynch answered questions of
the Commission.
Isaac Forsman spoke in favor the medicinal use of marijuana and commented that as
this is the only dispensary in the county he is concerned about limiting the number of
patients that can be served.
Joanne Main commented that because this use was non -retail sales tax generating she
would not like to see prime retail areas used for this purpose.
Chairperson Beraud closed the Public Comment Period.
Ex -Parte Communications
■ Chairperson Beraud stated she had spoken with the owner of California Tans.
Vice Chairperson O'Keefe suggested that is would be helpful if appointments were
required. Police Chief Couch agreed it would make sense and would impact the
number of patients at a dispensary at any one time.
Commissioner Slane stated his concerns with impacts on law enforcement and that this
action would violate the Federal Law.
Chairperson Beraud expressed her concerns with compatibility of this use with
commercial retail and the burden placed on the City to monitor this use. She also
stated her concern with both having a restriction on the number of patients allowed as
well as restricting only one such use in the City.
The following revisions to the draft Ordinance were proposed by members of the
Commission:
■ Hours of operation to be from 9:00 a.m. to 6:00 p.m.
■ Appointments are scheduled and dispersed throughout the day.
■ Either no limit to the number of patients served or the allowance of more than one
facility in the City.
■ Page 46 of the staff report, Item (G) (3): removal of the word "openly."
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There was Commission discussion of the proposed revisions.
MOTION: By Chairperson Beraud and seconded by Commissioner Slane
to adopt Resolution PC 2006-0024 recommending that the City
Council certify Proposed Mitigated Negative Declaration 2006-
0004; and, adopt Resolution PC 2006-0025 recommending that
the City Council introduce an Ordinance for first reading by
title only, to approve Zone Text Change 2006-0114 establishing
medicinal marijuana dispensaries as a conditional use in the
Commercial Service Zone, with the following revisions:
1. That the hours of operation be from 9:00 to 6:00.
2. The number of patients not be limited.
3. Operating Requirement (G) (3) changed to read: Patients
shall not openly medicate in public places.
4. The flexibility of expanding the number of dispensaries in
town to be greater than one.
Motion failed 3:3 by a roll -call vote. (Commissioners Slane,
Kelley, Fonzi opposed)
Commissioner Slane stated for the record that he voted no based on the fact that he
believes the Commission is violating the federal Constitution and that the Ordinance
and the dispensary are not needed.
Commissioner Kelley stated for the record that he voted no because he is concerned
with the conflict of the laws and he doesn't think all the pieces are in place to set up an
ordinance in this City. He also believes there should be a moratorium on this until
everything is in place to do it correctly with a good flow between federal and state law.
Commissioner Fonzi stated for the record that her reason for voting no is that she
believes one facility per City is enough.
Vice Chairperson O'Keefe asked that it be noted for the record that though she voted in
favor of the motion she believes that is should be limited to 250 patients and one
dispensary.
MOTION: By Commissioner Porter and seconded by Commissioner
Fonzi to adopt Resolution PC 2006-0024 recommending that
the City Council certify Proposed Mitigated Negative
Declaration 2006-0004; and, adopt Resolution PC 2006-0025
recommending that the City Council introduce an ordinance
for first reading by title only, to approve Zone Text Change
2006-0114 establishing medicinal marijuana dispensaries as a
conditional use in the Commercial Service Zone, with the
following revisions:
1. That the hours of operation be 9:00 a.m. to 6:00 p.m.
2. That the number of patients shall not be limited.
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3. Operating Requirement (G) (3) changed to read: Patients
shall not openly medicate in public places.
Motion passed 4:2 by a roll -call vote. (Commissioners Slane
and Kelley opposed)
Vice Chairperson O'Keefe stated for the record that she would still have liked to have
had the number of patients limited to 250.
COMMISSIONER COMMENTS AND REPORTS
Chairperson Beraud asked about the 2006 Planners Institute in Monterey scheduled for
March, and suggested staff gets in touch with the City of Santa Cruz as they are in the
process of reviewing condo conversions.
DIRECTOR'S REPORT
3. VARIANCE 2005-0009 DETERMINATION
Applicant:
Eric Roy, 9186 Palomar Ave., Atascadero, CA 93422
Project Title:
Variance 2005-0009
Project
9186 Palomar Ave., Atascadero, CA 93422, APN 029-201-026
Location:
Project
A Variance request to allow a front yard fence to be five (5') to six (6') feet in height. Fencing
Description:
within the front setback is currently limited to three (3') feet in height.
General Plan Designation: SFR -Y
Zoning District: RSF-Y
Proposed
CATEGORICAL EXEMPTION: The project qualifies for a Class 5 Categorically Exemption
Environmental
under the provisions of the California Environmental Quality Act, CEQA section 15305. Minor
Determination
Alterations in Land Use Limitations.
Community Development Director Warren Frace explained staff's recommendation.
MOTION: By Commissioner Kelley and seconded by Commissioner
Porter to adopt Resolution PC 2006-0022 approving Variance
2005-0009 based on findings.
Motion passed 4:2 by a roll -call vote. (O'Keefe, Beraud
opposed)
Director Frace reported on the following: 1) Planners Institute in Monterey—the City is
short of funds for training this year and will not be sending Commissioners, 2) staff will
look into the Santa Cruz condo conversion action, 3) there is an informal joint session
scheduled with the City Council on March 14th to discuss an issues and options report
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on condominium conversions, and an additional formal joint session on March 28th at
5:30 p.m. regarding a General Plan Amendment proposed for the Eagle Creek Golf
Course, 4) the Carl's Jr. CUP has been appealed and will be on the next City Council
agenda, 5) the Shores carwash on San Anselmo has been appealed and is scheduled
before the City Council on March 28th, and 6) the fence item Variance has been
appealed and will be considered by Council on April 11th. Director Frace reviewed the
agenda for the next Planning Commission meeting.
ADJOURNMENT
Chairperson Beraud adjourned the meeting at 8:47 p.m. to the next regularly scheduled
meeting of the Planning Commission on March 21, 2006.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
The following exhibit is available for review in the Community Development Department:
Exhibit A — Jerry James, letter
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