HomeMy WebLinkAboutPC Minutes 11-06-07CALL TO ORDER
CITY OF ATASCADERO
PLANNING COMMISSION
MINUTES
Regular Meeting
Tuesday, November 6, 2007 — 7:00 P.M.
Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Fonzi
led the Pledge of Allegiance.
or)l I rAl I
Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane,
Fonzi, and Chairperson O'Keefe
Absent: None
Others Present: Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace and Deputy
Community Development Director Steve McHarris.
Chairperson O'Keefe read the decorum guidelines.
PLANNING COMMISSION BUSINESS
Commissioner O'Grady asked for an explanation of abstentions and how one can
decide to abstain.
Community Development Director Warren Frace explained that there are two types of
abstention: 1) Conflict of Interest, which is stated at the beginning of the hearing, the
Commissioner leaves the room, and there would be no vote either for or against the
item assigned to that abstention, and 2) Abstaining during a vote when a member is
present for a vote and is silent for a vote or abstains from voting, that will be recorded
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as an abstention unless there is a tie vote, in which case the vote is considered a vote
in favor of the motion.
Commissioner O'Grady stated he would like to see the rules for abstention changed so
that an abstention vote would not be counted.
There was Commission discussion regarding Commissioner O'Grady's suggestion.
There was Planning Commission consensus to request the City Council amend
the Municipal Code to quantify an abstention as a neutral vote.
Vice Chairperson Fonzi spoke about the last Planning Commission meeting at which
the draft Condominium Ordinance was considered, and explained her concerns
regarding Condition #1 which applies a CUP to all condominiums and condo
conversions regardless of size, and the 25% conversion figure per year. Because three
Commissioners were not in attendance at the last meeting, she asked if the draft
Ordinance could be brought back for the full Commission's consideration.
There was Commission discussion of Vice Chairperson Fonzi's request, but no
consensus was reached for a reconsideration of the item.
APPROVAL OF AGENDA
Chairperson O'Keefe announced that Item #3 has been continued to a date uncertain.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Jack continue agenda Item #3 to a date uncertain.
Motion passed 7:0 by a roll -call vote.
MOTION: By Commissioner Jack and seconded by Commissioner
Heatherington to approve the agenda as amended.
Motion passed 7:0 by a roll -call vote.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
■ Commissioner Heatherington stated she received a couple phone calls from the
applicant for Item #2, Mr. Gogstetter, but did not speak with him.
■ Vice Chairperson Fonzi stated she spoke with Mrs. Gogstetter the applicant's wife
for Item #2, and Patrick Gaughan, Joann Main and Chuck Ward.
■ Commissioner Jack stated he spoke with both applicants Kevin and Karen
Gogstetter on Item #2, and Steve Martin of Main Street, and Joann Main of the
Chamber.
■ Commissioner O'Grady stated he visited both sites and received a phone call from
Kevin Gogstetter the applicant on Item #2.
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PUBLIC COMMENT
Richard Mullin expressed concern regarding the condition of the windows at Mission
Oaks Plaza, which have been whited out and are unattractive. He urged the City to
contact the management offices of the tenants concerned as he has discovered this
was a corporate decision.
Chairperson O'Keefe closed the Public Comment period.
Community Development Director Warren Frace explained that Mr. Mullin's concerns
were not a code violation, but rather a business decision of the tenant.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON OCTOBER 16, 2007.
Commissioner O'Grady suggested continuing the Minutes of October 16, 2007 to reflect
the actual outcome of the abstention vote on Item #4.
Community Development Director Warren Frace suggested the Commission could
continue the minutes and have the City Attorney insert language regarding his
interpretation of the vote.
MOTION: By Commissioner Slane and seconded by Commissioner
Marks to approve Item #1.
Motion failed 2:2 by a roll -call vote. (O'Grady, O'Keefe
opposed, Heatherington, Jack, Fonzi abstained)
MOTION: By Commissioner O'Grady and seconded by Chairperson
O'Keefe to continue Item #1.
Motion passed 3:1 by a roll -call vote. (Slane opposed,
Heatherington, Jack, Fonzi abstained)
COMMUNITY DEVELOPMENT STAFF REPORTS
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PUBLIC HEARINGS
2. 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:
Commissioner Marks recused himself from consideration of this item and left the room.
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
Chairperson O'Keefe spoke about the vacant parcel adjacent to this property, the drop
at that location, and her concern that this could be a hazard for which the City might be
liable if the CUP is approved.
PUBLIC COMMENT
Kevin Gogstetter, applicant, addressed several issues including the type of motorcycles
to be sold, servicing, what cycles could be ridden off the site, the CUP, and his efforts to
clean up the site. Mr. Gogstetter answered questions of the Commission.
Susan Di Carli stated she strongly supports the economic revitalization of the
downtown, but she believes this type of business is proposed in the wrong location.
Steve Martin, Executive Director Atascadero Main Street, read from the minutes of the
last Main Street board meeting where the Commission's decision was discussed. A
motion passed unanimously to support this application, as the board felt the entire
operation was geared toward retail sales, which the board favors for the downtown.
Jamie Kirk explained she worked for the City when the Downtown Revitalization Plan
was going through the process, and auto sales including motorcycle sales, was talked
of as an appropriate and desirable use in the downtown as long as all use was indoors.
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Joann Main, Chamber of Commerce CEO, stated her board members asked her to
write a letter on their behalf in support of this project as the applicants have cleaned up
the site, worked with staff to enhance the corner and the business will add to City
revenues.
Tamara Gearhart commented that the new City Council members ran on a platform of
being business friendly; however, she stated the last Commission vote on this project
was not business friendly.
Greg Carroll stated he has a business in the downtown and welcomes this business.
He asked the Commission to think about the alternative of what would be there if this is
not allowed.
Mike Jackson spoke in support of the applicants and indicated the City must welcome
businesses or it will continue to see businesses close.
Joann Main stated she attempted to contact Therese Corea, General Manager of the
Carlton Hotel, regarding any concerns the hotel management might have about this
use. She did not hear back from her, but stated there were no complaints issued from
any neighboring businesses.
Chairperson O'Keefe closed the Public Comment period.
Commissioner Heatherington commented that the vision for downtown is not corners
dotted with automotive -type projects. She was concerned that the business was
already open for sales of gear and apparel and now the City is being asked for a CUP
for something the applicants already anticipated doing without getting the permit.
Chairperson O'Keefe stated she agreed that the site has been improved, and that this is
an allowable use, but it is also one that is discretionary and if this were in another part of
downtown she would not be having so much difficulty with it. She commented that she
could not support this business at this location, which is a main entrance to the
downtown and one given a high priority by the Council. She was also concerned that
Conditional Use Permits don't go away and often there are issues of compliance.
MOTION: By Commissioner Slane and seconded by Commissioner Jack
to adopt Resolution PC 2007-0082 approving Minor
Conditional Use Permit 2007-0218 based on findings and
subject to Conditions of Approval with the condition that staff
and the applicant work out the details of the little cliff and
handrail.
Motion passed 4:2 by a roll -call vote. (Heatherington, O'Keefe
opposed, Marks abstained)
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3. PLN 2007-1253, AMENDMENT TO CUP 1999-002,5000 SAN PALO ROAD
THIS ITEM WAS CONTINUED TO A DATE UNCERTAIN
Owner:
Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422
Applicant:
Pro RV Sales & Rentals, 1960 Ramada Dr., Paso Robles, CA 93446
Project Title:
PLN 2007-1253/Amendment to CUP 1999-002
Project
5000 San Palo Road, Atascadero, CA 93422
Location•
(San Luis Obispo County) APN 049-225-008
Project
An application for an Amendment to Conditional Use Permit 1999-002 to allow sales of
Description:
Recreational Vehicles (RV's) on a site currently approved for automobile sales.
General Plan Designation: GC
Zoning District: CT
Proposed
Class 1, Categorical Exemption Section 15301: Existing Facilities
Environmental
Determination:
Commissioner Marks rejoined the hearing.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Heatherington asked staff to provide her with the language explaining
what a non -automotive service is.
Staff will provide copies of the Revitalization Plan to all the Commissioners.
Vice Chairperson Fonzi asked if the other Commissioners had concerns with the
definitions of sales lot versus auto dealer.
Director Frace said he can bring back a report as a study item on uses and terminology
within the code.
Commissioner O'Grady alerted the Commission that at the next Redevelopment Agency
meeting Colony Square will be on the agenda, and expressed his concerns regarding
the lack of progress on the site and the City's potential financial involvement.
DIRECTOR'S REPORT
Community Development Director Warren Frace reviewed the agenda for the next
Planning Commission meeting and explained a quorum will be needed for the Code
Text Amendment on that agenda. Director Frace reviewed the upcoming agendas for
the City Council and Parks and Recreation Commission.
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Chairperson O'Keefe requested Commissioners email her or Vice Chairperson Fonzi
with comments or questions for their future meeting with the Mayor and Mayor Pro Tem.
ADJOURNMENT
Chairperson O'Keefe adjourned the meeting at 8:42 p.m. to the next regularly
scheduled meeting of the Planning Commission on November 20, 2007.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
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