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HomeMy WebLinkAboutPC Minutes 04-18-06CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, April 18, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Porter led the Pledge of Allegiance. Rr)l I r Al I Present: Commissioners Fonzi, Kelley, Porter, Slane, O'Keefe and Chairperson Beraud Absent: Commissioner Jones Staff Present: Community Development Director Warren Frace, Police Chief John Couch, Deputy Community Development Director Steve McHarris, Planning Technician Paul Tabone, City Attorney Patrick Enright and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Kelley and seconded by Vice Chairperson O'Keefe to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None PC Minutes 04/18/06 Page 1 of 8 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 4, 2006. Commissioner Fonzi asked that the following statement be added to Item #3, page four: "Commissioner Fonzi stated she was voting yes only because each new project would be individually reviewed for impacts through the minor CUP Process." In addition she asked for a correction to page five, paragraph one under Director's Report, second sentence corrected to read... motocross track facility... MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1 as amended. Motion passed 5:0 by a roll -call vote. (Porter abstained) Commissioner Jones joined the meeting at 7:05 p.m. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2006-0090 Owner: George Molfino, 6305 Flores Road, Atascadero, CA 93422 Project Title: TRP 2006-0090 Project 7055 Navarette Ave., Atascadero, CA 93422 Location: APN 03t-123-009 Project A request to remove one (1) native Live Oak tree, totaling 24 -inches in diameter. Description: Planning Technician Paul Tabone gave the staff report and answered questions of the Commission. PUBLIC COMMENT George Molfino, applicant, spoke about his request and stated he would now prefer to pay the mitigation fee rather than replanting. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to adopt Resolution PC 2006-0031 to approve the request to remove one native oak tree subject to conditions of approval, and those conditions to read that the applicant will be paying the mitigation fee rather than replanting. Motion passed 7:0 by a roll -call vote. PC Minutes 04/18/06 Page 2 of 8 3. TREE REMOVAL PERMIT 2006-0089 Owner: Josh Brard, 1950 N. Ferrocarril, Atascadero, CA 93422 Project Title: TRP 2006-0089 Project 1950 N. Ferrocarril, Atascadero, CA 93422 Location: APN 049-012-021 Project Approve the illegal removal of four (4) native oak trees, two of which were 36 -inches in Description: diameter. Commissioner Porter stepped down from consideration of this item stating that his personal residence lies within 500 feet of the subject property. Planning Technician Paul Tabone and Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Vice Chairperson O'Keefe and seconded by Chairperson Beraud to adopt Resolution PC 2006-0034 to approve the request to approve the previous removal of four native oak trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. Motion passed 5:1 by a roll -call vote. (Jones opposed, Porter abstained) PUBLIC HEARINGS 4. ZONE CHANGE 2006-0116 Applicant: City of Atascadero, 6907 El Camino Real, Atascadero CA 93422, Phone: 461-5000 Project Title: Zone Change 2006-0116, Motorcycle and Noise Ordinance Amendments Project Location: Citywide Project Description: Commission consideration and recommendation of amendments to the Motorcycle and Noise Ordinance. PC Minutes 04/18/06 Page 3 of 8 Ex Parte Communications ■ Chairperson Beraud stated that before this meeting she had obtained meeting minutes from 2003/2004 meetings of the City Council and Planning Commission and had followed up with Richard Moen, Ray Wilcox, Deborah Ingalls, Jim Griffin, Jerry Robinson and Bob Briggs, who were having problems with motorcycle noise in their neighborhoods. Chairperson Beraud reviewed the comments she had received. ■ Vice Chairperson O'Keefe stated she had received an email from John Bollaro and responded to him. ■ Commissioner Jones stated he had received multiple emails to which he did not respond. ■ Commissioner Slane had contact with one citizen, Rick Mullen, who expressed concerns about the motorcycle ordinance. ■ Commissioner Kelley stated he was contacted by Rick Mullen. ■ Commissioner Fonzi stated she received emails that she read and did not respond to. ■ Commissioner Porter stated he received emails that he read and did not respond to. Police Chief John Couch gave the staff report and answered questions of the Commission. City Attorney Patrick Enright spoke about the conflict with the Noise Ordinance and the exception for motorcycle use. Mr. Enright answered questions of the Commission. PUBLIC COMMENT Sorrel Marks spoke about the impacts of motorcycle noise to her home and garden and expressed concern with the proposed ordinance. Mrs. Marks asked the Commission to uphold the existing Noise Ordinance. John Bollaro stated his concerns with the proposed Motorcycle Ordinance and the impacts of burdensome recreation noise to private property. Sandy Hastings stated that off road motorcycle use should be banned from the city limits and residential neighborhoods. Bob Briggs commented on the change of the city from rural to urban and the noise and environmental impacts from several motorcycle tracks in his neighborhood. Doug Marks spoke of the noise impacts to his property from a motorcycle track on his neighbor's property. Mr. Marks explained how this ordinance will create divisions within neighborhoods, and asked that motorcycles not be exempted from the Noise Ordinance. PC Minutes 04/18/06 Page 4 of 8 Dennis Law, President of Central Coast Motorcycle Association, applauded the City for adopting an ordinance that would strike a balance in competing interests and spoke of the positive aspects of motorcycling. Eric Greening stated that the Noise Ordinance should have no exemptions except for essential public services. He spoke of other impacts from motorcycle usage and off road tracks in addition to noise. John Goers spoke against exempting motorcycle use from the Noise Ordinance, and suggested that the city is no longer rural and the community in general should not be asked to put up with the noise of a few. Cindy Sazar stated her agreement with the previous speakers that exempting motorcycles from the Noise Ordinance defies logic. Jerry Robinson spoke about the fallacies in the statistics presented tonight, and encouraged the Commission to not exempt something that causes a lot of grief for a lot of people. Jim Patterson, County Supervisor, stated that there are other impacts in addition to noise from motorcycles and other off road vehicles, and questioned if this activity is compatible with residential neighborhoods. He commented that exempting motorcycles from the Noise Ordinance is not the appropriate action to take; rather he would encourage the city to work with the county to find an appropriate location for their use. Dan O'Grady spoke about the exponential increase of noise from more than one motorcycle. He stated that the ultimate property right is for peace and tranquility in one's home and therefore he does not think this should be allowed. Eric Greening suggested that residential neighborhoods would have additional impacts from this use including impacts to air quality and economic impacts to home-based businesses. John Bollaro stated that placing a motorcycle track in the area would bring many more riders from surrounding cities and create tremendous noise impacts. A letter with attachments outlining efforts over the last 10 years to resolve motorcycle issues in their neighborhood was received from Doug and Sorrel Marks. (Exhibit A) Chairperson Beraud closed the Public Comment period. Chairperson Beraud recessed the hearing at 8:48 p.m. Chairperson Beraud called the hearing back to order at 8:55 p.m. PC Minutes 04/18/06 Page 5 of 8 Commissioner Jones stated that the main issue is noise and this does not cure the problem for him. Vice Chairperson O'Keefe stated that this is not the solution to the problem, it will be a nuisance for the Police, and she agrees with the speakers who stated that the City of Atascadero does not need motorcycle riding. She believes that the community has changed to a more urban area and it is time Atascadero recognized that and made better use of the Police Department. She commented that the problem is more than just the tracks, as often people will work on their motorcycles at home and this involves additional noise from revving the motor, etc., in addition she does not think this ordinance will be enforceable. Commissioner Porter commented that much of this has to do with cost recovery and the problem with the ordinance will be enforcement. He stated there are many citizens who feel there is no place for motorcycles, but he thinks there are others who do support the use and that there should be a balance. Tracks are the main problem both for noise and their effects on the environment and he would be in favor of adding something that would address tracks specifically. Commissioner Kelley indicated that motorcycle use is a good activity, but the town is changing and the ordinance as presented will be almost impossible to enforce, and will require much Police time to execute. He stated the time has come to eliminate this use, and that the tracks are a nuisance. Commissioner Fonzi commented that Atascadero is different from many cities because it has larger parcels; however she doesn't think the sound will stop at the property line. She stated Atascadero has reached the point that it is now a city rather than a rural area and this use is an encroachment on other peoples land and the ability for them to have a quiet place to enjoy their homes. It was her opinion that the tracks are the main problem, and that eliminating motorcycles from the Noise Ordinance defies logic. She cannot pass the recommendations as they stand. Chairperson Beraud stated that the Motorcycle Ordinance is attempting to address excessive noise, that State laws address transient noise, but here the city is dealing with a stationary source of noise that is continuous. She believes if the exemption is allowed, the city will be giving off road motorcycle riders preferential treatment over the rights of those who do not ride. She pointed out that those who commented tonight live on large lots, but noise is still a problem, and that much of this appears to be unenforceable and will be a burden on the Police Department. Chairperson Beraud, cited several sections of the draft resolution that she does not agree with and stated she could not make the following findings: that this is in the best interest of the city, that there has been CEQA review, that allowing an increase in noise is consistent with the General Plan, that this is an orderly or efficient use of the land and that this will not result in significant environmental impacts. PC Minutes 04/18/06 Page 6 of 8 MOTION: By Chairperson Beraud and seconded by Commissioner Jones to send a negative recommendation to the City Council on Resolution No. 1 denying the proposed changes to the Noise Ordinance and on the second part of the Noise Ordinance allowing the increase in time for cost recovery from 12 to 72 hours, and that the current noise ordinance be upheld and the Police Department will enforce the ordinance with the use of their new equipment and backed up by the code enforcement from the city. Chairperson Beraud withdrew her motion. MOTION: By Chairperson Beraud and seconded by Vice Chairperson O'Keefe to omit 9-14.03(n) and increase the cost recovery period from 12 to 72 hours and that all verbiage for the Draft Resolution will not be included. Motion passed 5:2 by a roll -call vote. (Kelley, Fonzi opposed) MOTION: By Chairperson Beraud and seconded by Vice Chairperson O'Keefe to recommend to the City Council the repeal of the entire section 9-6.106(c) of the Code regarding motorcycle use and let the Noise Ordinance be the enforcement tool for the Police Department. Motion passed 5:2 by a roll -call vote. (Kelley, Porter opposed) COMMISSIONER COMMENTS AND REPORTS None DIRECTOR'S REPORT Community Development Director Warren Frace reported that staff is investigating the fence at Escondido and San Gabriel. Regarding code enforcement complaints from the Planning Commission, the Fire Department has requested that Commissioners fill out one of the Code Enforcement Complaint forms. Director Frace announced that Assistant Planner Lisa Wilkinson has left and new planner Callie Ford has been hired. He reported that the condo conversion issue is moving forward, and staff is looking at rescheduling the joint study session for June 13th. In addition there is a tentatively scheduled workshop with Council for May 30th to review the preliminary development plans for Del Rio Road and EI Camino Real. Director Frace reviewed the agenda for the next Commission meeting, and announced that there would be a presentation on the tree inventory project on April 20th City Attorney Patrick Enright reported that he is working with the City Clerk to determine a date for the AB 1234 training. PC Minutes 04/18/06 Page 7 of 8 ADJOURNMENT Chairperson Beraud adjourned the meeting at 9:50 p.m. to the next regularly scheduled meeting of the Planning Commission on May 2, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A — Doug and Sorrel Marks, Letter with attachments \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 06\PC Minutes 4-18-06.gp.doc PC Minutes 04/18/06 Page 8 of 8