HomeMy WebLinkAboutPC Minutes 10-16-07CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, October 16, 2007 — 7:00 P.M.
Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Marks
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Marks, O'Grady, Slane, and Chairperson O'Keefe
Absent: Commissioners Heatherington, Jack, and Vice Chairperson Fonzi
(all absences excused)
Others Present: Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace, Public Works
Director / City Engineer Steve Kahn, Community Services Director
Brady Cherry, Deputy Community Development Director Steve
McHarris, Deputy Public Works Director Geoff English, and
Associate Planner Kerry Margason.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Commissioner O'Grady and seconded by Commissioner
Marks to approve the agenda.
Motion passed 4:0 by a roll -call vote.
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Chairperson O'Keefe read the decorum guidelines.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Commissioner Marks stated he visited the sites on Items #2, 3, and 4. He talked to
Main Street Board Members Maria Hooper and Barbie Butz, Main Street Executive
Director Steve Martin, and the applicant on Item #4.
Chairperson O'Keefe stated she met with Mr. Gearhart and his consultant Jamie Kirk at
the property because she needed questions answered for Item #5.
Commissioner O'Grady visited all project sites, and with regard to Item #5, spoke with
Council Member Ellen Beraud regarding the Council study session and specifically her
interpretation of its position regarding tier one and tier two benefits.
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON OCTOBER 2, 2007.
2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2005-0068,
9300 PINO SOLO AND TTM 2003-0044, 9105 PRINCIPLE AVE., (PRINCIPLE
PARTNERS, LP/WALLACE GROUP)
Items pulled: Commissioner O'Grady, Item #2
MOTION: By Commissioner O'Grady and seconded by Commissioner
Marks to approve Item #1
Motion passed 3:0 by a roll -call vote. (Slane abstained)
Item #2
Commissioner O'Grady stated he would like to add a condition that would require this
project to comply with the proposed Condominium Ordinance once it is approved, with
the exception of construction started prior to the approval.
Community Development Director Warren Frace indicated it would be problematic to
add this condition because the final outcome of the Ordinance is not known and won't
be for about two months.
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MOTION: By Commissioner O'Grady and seconded by Commissioner
Slane to approve Item #2
Motion passed 4:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
3. PLN 2099-1108,6575 SYCAMORE ROAD BMX TRACK
Applicant:
Atascadero BMX (ABMX)
Tom Jordan, Jordan Environmental Services, 8255 Graves Creek Rd, Atascadero, CA 93422
Owner:
Atascadero Mutual Water Company
5005 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2099-1108, Zone Change 2005-0108, Conditional Use Permit 2005-0168
Project
6575 Sycamore Road, Atascadero, CA 93422
Location:
(San Luis Obispo County)
Lot 10, 4 -RM -80A (APN 028-111-003) and Lot 11 4 -RM -81 A (APN 028-121-001)
Project
The project consists of an application for a Zone Text Amendment, a Zone Map Change, and
Description:
a Conditional Use Permit to establish a Planned Development Overlay Zone that would allow
a dirt track for Bicycle Motocross (BMX) on an existing lot owned by Atascadero Mutual
Water Company adjacent to the Salinas River. The Planned Development Overlay Zone
Change would be site specific and include a Master plan of Development (CUP) that would
include the construction of a BMX Track, a registration and concession building, portable
restroom facilities, and a utility building. Overflow parking is proposed within the Caltrans
right-of-way under the existing Highway 41 bridge across the Salinas River. No lighting is
proposed as part of this project.
General Plan Designation: Industrial (1)
Zoning District: Industrial Park (IP)
Proposed
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The proposed Mitigated Negative Declaration is available for public review at 6907
Determination:
EI Camino Real, 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.
Community Services Director Brady Cherry gave a brief history of this project and
answered questions of the Commission.
all TI[00191lyiILTA 14►III I
Tom Jordan, representing Atascadero BMX, spoke about BMX, the proposed track and
structures, insurance, parking, and answered questions of the Commission.
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Brett Riley explained that he has opened several BMX tracks, and spoke about what it
takes to get a track running and keep it operating.
Jerry Clay spoke in support of the track and addressed issues of noise, hours of
operation, and safety.
Susan Schroll stated she has been involved in BMX for six years and spoke about what
it has meant to her son, other youth, and families in the area.
Adam Verges stated he participates in the sport, spoke in support of the track, and
explained the viewpoint of the younger members of the community regarding this track.
Kevin Sousa said he lives close to this location, that the sound from the track is minimal,
and that this would be a safe area for bicyclists.
Terra Quinn expressed her support for the track and that BMX is a family oriented sport,
positive for the community, and involves the children more than any other sport.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner Slane and seconded by Commissioner
O'Grady to adopt Resolution PC 2007-0083 recommending the
City Council certify Proposed Mitigated Negative Declaration
2006-0015; and, adopt Resolution PC 2007-0084
recommending the City Council introduce an ordinance for
first reading by title only, to approve Zone Text Change 2005-
0108 to establish Planned Development Overlay Zone #31;
and, adopt Resolution PC 2007-0085 recommending the City
Council introduce an ordinance for first reading by title only,
to approve Zone Map Change 2007-0143 based on findings:
and, adopt Resolution PC 2007-0086 recommending the City
Council approve Conditional Use Permit 2005-0168 (Master
Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring, and with the
condition that there will be non -motorized bikes only, and only
one speaker for amplification.
Motion passed 4:0 by a roll -call vote.
Chairperson O'Keefe recessed the hearing at 8:17 p.m.
Chairperson O'Keefe called the meeting back to order at 8:25 p.m.
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4. PLN 2007-1244, 6040 EL CAMINO REAL
Owner:
Patrick Gaughan, 10630 San Marcos Road, Atascadero, CA 93422
Applicant:
Kevin Gogstetter, 2470 Homestead Road, Templeton, CA 93465
Project Title:
PLN 2007-1244, CUP 2007-0218
Project
6040 EI Camino Real, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-191-001
Project
The proposed project consists of an application for a Conditional Use Permit to establish an
Description:
indoor auto and vehicle dealership for the purpose of selling motorcycles within an existing
building at 6040 EI Camino Real.
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Proposed
Class 1, Categorical Exemption Section 15301: Existing Facilities
Environmental
Determination:
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
PUBLIC COMMENT
Kevin Gogstetter, applicant, addressed issues raised by the Commission and spoke
about his plans for the building.
Chuck Ward spoke against the CUP because the proposed project or use is
inconsistent with the character of the immediate neighborhood and its orderly
development, and because of noise issues.
Pat Gaughan, owner of the property, spoke about his use of the property over the last
25 years and stated he has never heard an objection in all that time.
Karen Gogstetter, applicant, spoke about the hours of operation for this business, and
that the motorcycles will not be started or worked on at this location so there will not be
a noise issue for the hotel.
Jamie Kirk stated she participated in developing the City's Downtown Guidelines, and
that this type of use was considered at that time. She believes this is an appropriate
use and that the building is what it is and has been upgraded from the previous use.
Chairperson O'Keefe closed the Public Comment period.
Commissioner Slane stated he would rather see a business go in at this location than
have a vacant site, and is in favor of approving this project.
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Commissioner O'Grady commented that this is a prime location in the downtown and
this building and this use is inimical to potential investors and developers in Atascadero
and does not measure up to the standards that have been recently raised in the City.
Chairperson O'Keefe stated she has a problem with this request because a CUP goes
with the property and there are uses that don't fit in with the downtown. She indicated
she could not make the finding that this use fits in with the immediate neighborhood or
with the General Plan goals for the downtown.
MOTION: By Commissioner O'Grady and seconded by Chairperson
O'Keefe to deny the project for the reasons that it is
inconsistent with the provisions of the General Plan and is
also not in character with the neighborhood.
*** Motion passed 2:1 by a roll -call vote. (Slane opposed,
Marks abstained)
Vote invalid due to a lack of a quorum, see City Attorney note
below.
Commissioner Marks made the following statement for the record: "Over the years use
of dirt bikes in neighborhoods has had such a negative impact on my family that at this
point I don't think I can evaluate this agenda item without substantial negative bias and I
think I must abstain from voting."
*** City Attorney Note:
According to the record, Commissioner Marks decided not to vote because he felt
that his prior experiences related to motorcycle use rendered him not capable of
fairly judging the issues. As such, under the case of Cohan v Thousand Oaks, he
declared a conflict based upon due process grounds. A CUP is a quasi judicial
hearing, not a legislative hearing. In a quasi judicial hearing the hearing officers
(commissioners) have to be able to hear all the evidence with an open mind and
not be unduly swayed by their own prior experiences or feelings. In this case the
commissioner felt unduly swayed. Once he stated his conflict, there were only
three (3) participating commissioners. Three is not a quorum on a seven member
board and therefore even though a majority of the three voted in favor, the motion
cannot count as an action as no quorum was present.
PC Minutes 10/16/07
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5. PLN -2099-0818,13000 ATASCADERO AVENUE
Owner:
Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422
Project Title:
Eagle Creek Golf Course
General Plan Amendment / Zone Change / Planned Development Amendment and Not
Parcel Map
PLN -2099-0818, General Plan Amendment 2005-0016, Zone Change 2005-0111,
Conditional Use Permit 2005-0175, Tentative Parcel Map 2005-0080
Project
13000 Atascadero Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 045-391-015, 016
Project
The proposed project consists of a General Plan Amendment of 10.0 acres from CREC
Description:
(Commercial Recreation) to RSF-Y (Residential Single -Family 1.0 acre min), Zone Change of
10.0 acres from LS (Special Recreation) to SFR -Y (Single -Family Residential 1.0 acre min),
Amendment of the Master Plan of Development for Planned Development -8 to replace an
existing golf course with two Single -Family Residences, and Parcel Map to subdivide 10.1 acres
into two lots. The proposed project is located within the 100 -year flood plain.
General Plan Designation: REC (Recreation)
Zoning District: L (Recreation)
Proposed
Based on the above findings, and the information contained in the Initial Study 2007-0022 (made
Environmental
a part hereof by reference and on file in the Community Development Department), it has been
Determination:
determined that the above project will not have an adverse impact on the environment when the
following proposed mitigation measures are incorporated into the project.
Community Development Director Warren Frace gave the staff report and answered
questions of the Commission.
PUBLIC COMMENT
Jamie Kirk, applicant's representative, gave a PowerPoint presentation on the project
and requested several changes to the Conditions of Approval regarding livestock and
right-of-way. Ms. Kirk answered questions of the Commission.
Lynne Dee Althouse, project biologist, and Casey Patterson, landscape architect, spoke
about the design for the site and answered questions of the Commission.
Kelly Gearhart spoke about the maintenance of the Open Space area, and suggested a
maintenance bond could be set in place, checked and renewed annually.
Doug Pierto, representing 17 homeowners in the Eagle Creek area, spoke about their
concerns, made several suggestions, and stated the project as presented represents
effective consensus building and that the neighbors appreciated having the opportunity
to participate in the planning process.
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David Tissue stated the existing project has CC&R's which prohibit grazing animals. He
commented that all who live there would like to see this project move forward as quickly
as possible and that in its presents state the project is very viable and feasible.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Chairperson O'Keefe and seconded by Commissioner
O'Grady to adopt Draft Resolution 2007-0089 recommending
the City Council certify Proposed Mitigated Negative
Declaration 2007-0022; and, adopt Draft Resolution 2007-0090
recommending the City Council approve General Plan
Amendment 2005-0016 based on findings; and, adopt Draft
Resolution 2007-0091 recommending the City Council
introduce for first reading, by title only, a draft ordinance
approving Zone Text Change 2005-0111 amending the PD -8
Overlay District based on findings; and, adopt Draft Resolution
2007-0092 recommending the City Council introduce for first
reading, by title only, a draft ordinance approving Zoning Map
Change 2005-0111 based on findings; and, adopt Draft
Resolution 2007-0093 recommending the City Council approve
Conditional Use Permit 2005-0175 (Master Plan of
Development) based on findings and subject to Conditions of
Approval and Mitigation Monitoring; and, adopt Draft
Resolution 2007-0094 recommending the City Council approve
Vesting Tentative Parcel Map 2005-0080 based on findings and
subject to Conditions of Approval and Mitigation Monitoring
and adding the following conditions:
1. A requirement to add that the CC&R's be consistent with
the existing tract; this condition added to the CUP and Map
resolutions.
2. A requirement for a six year maintenance and management
plan subject to city approval with a maintenance bond; this
condition added to the CUP and Map.
3. A condition that the existing fence be repaired; amendment
to Condition #10 of the CUP.
4. Limited grazing of animals allowed for annual fuel
management will be permitted; this condition added to the
zone change text, the CUP and the Map.
Motion passed 4:0 by a roll -call vote.
6. PLN 2006-1111, CONDOMINIUM ORDINANCE UPDATE
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422, Phone: 461-5000
Project Title:
PLN -2006-1111 /Zone Change 2006-0118
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Project
Location•
The proposed zoning changes would affect the RMF -10 and RMF -16 Multi -Family Zoning
Districts Citywide.
Project
The purpose of the hearing is to review a draft Condominium Ordinance resulting from the Joint
Description:
Planning Commission and City Council meeting on February 20, 2007. The City's existing
condominium regulations are proposed to be updated and codified in Title 9 of the City's
Municipal Code. The Planning Commission will be making recommendations to the City Council
on the Draft Ordinance.
Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
Barbara Kautz of Goldfarb and Lipman gave a presentation on the Condominium
Ordinance and answered questions of the Commission.
PUBLIC COMMENT
Mark Gibbs asked if there were a plan regarding the percentage of condo conversions
that would be for inclusionary housing.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner O'Grady and seconded by Commissioner
Marks to adopt Resolution PC 2007-0087, recommending that
the City Council introduce an Ordinance for first reading by
title only to approve PLN 2006-1111 (Zone Change 2006-0118)
based on findings, and with the following conditions:
1. Conditional Use Permit will be required for all
condominiums and condominium conversions regardless
of size.
2. Change of noticing requirements to conform to state law.
3. For condominium conversions of four or less the
requirements for physical condition, noticing and tenant
protections would apply.
4. Removal of 9-12.101(i) regarding condominium plans.
5. Affordable units within the Redevelopment Project Area
would meet redevelopment standards.
6. Tenant protections apply not only to existing tenants, but
to all tenants.
Motion passed 4:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Chairperson O'Keefe referred to the Andy Fetyko project on the north end of EI Camino
Real and stated that the windows of this historic house have not been covered and
there has already been rain. She asked staff if something could be done.
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Community Development Director Frace
direct the applicant to secure the site
Protection Plan and also to secure the
damage.
DIRECTOR'S REPORT
indicated that staff's approach would be to
for the winter in terms of the Storm Water
Colony House to minimize water and other
Director Frace reported that the Santa Ana map denied by the Planning Commission
was appealed to the City Council, which upheld the Commission's decision and denied
the map. He stated the agenda for the next Commission meeting is still being organized
and that meeting would be in three weeks.
ADJOURNMENT
Chairperson O'Keefe adjourned the meeting at 10:51 p.m. to the next regularly
scheduled meeting of the Planning Commission on November 6, 2007.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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