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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. PC Minutes 03/07/06 Page 1 of 6 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. PC Minutes 03/07/06 Page 2 of 6 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." PC Minutes 03/07/06 Page 3 of 6 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. PC Minutes 03/07/06 Page 4 of 6 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 PC Minutes 03/07/06 Page 5 of 6 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 PC Minutes 03/07/06 Page 6 of 6