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HomeMy WebLinkAboutPC Minutes 02-16-10CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting - Tuesday, February 16, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Ward led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, Associate Planner Callie Taylor, City Attorney Brian Pierik, Police Chief Jim Mulhall and Deputy Director of Public Works/Engineering David Athey APPROVAL OF AGENDA MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Minutes of 2/16/10 Page 1 of 7 PUBLIC COMMENT Alana Reynolds stated she purchased a home at 9903 West Front as an investment. One year ago it was brought to her attention that the 2nd dwelling was not permitted. She has been attempting to work with the City and shared her experience thus far. She has put forth a lot of money on the property and is hoping the Commission can come out and look at it. She does not want to tear the unit down. To make the unit legal, it will cost her $20,000 in fees. She would like to see what the City can do to create an amnesty program. She distributed pictures to the Commission. (Exhibit A) Community Development Director Frace said that they have been working with Ms. Reynolds and her Architect, John Rinaldi, on the project and will determine if anything needs to come before the Commission. Ultimately, it will be the applicant's decision on whether or not she wants to pay the fees. Chairperson Moreno closed the Public Comment period. PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 19, 2010. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the Consent Calendar. Motion passed 7.0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2009-1343 / TREE REMOVAL PERMIT FOR 4755 SAN ANSELMO AVE. Property Owner/ Michael Messer, 8270 Tolosa Road, Atascadero, CA 93422 Applicant: Certified Arborist: Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2009-1343 / TRP 2009-0134 Project 4755 San Anselmo Ave., Atascadero, CA 93422 Location: APN 029-011-037 (San Luis Obispo County) PC Minutes of 2/16/10 Page 2 of 7 Project The proposed project includes a request to remove two (2) Live Oak trees Description totaling 41" inches (dbh) in order to construct frontage improvements and a shared driveway for four (4) new single-family homes. One tree is 13" (dbh) and one tree is 28" (dbh). DISCLOSURE OF EX PARTE COMMUNICATIONS: None Associate Planner Callie Taylor gave the staff report. There were no questions from the Commission. PUBLIC COMMENT: None Chairperson Moreno closed the public comment period. MOTION: By Commissioner Jack and seconded by Vice Chairperson Bentz to adopt PC Resolution 2010-0006 for PLN 2009-1343/TRP 2009-0134 to remove two (2) live oaks totaling 41 inches DBH (13 inches DBH and 28 inches DBH) subject to the guidelines and mitigation measures required by the Atascadero Native Tree Ordinance at 4755 San Anselmo Ave. Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS 3. PLN 2009-1348, CITYWIDE MUNICIPAL CODE TEXT CHANGES PROHIBITING MEDICAL MARIJUANA FACILITIES IN THE CITY OF ATASCADERO Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2009-1348 / ZCH 2009-0157 Project Location: Citywide, Atascadero, CA 93422 (San Luis Obispo County) Project The project consists of an application to adopt a draft ordinance prohibiting Description: the establishment and operation of medical marijuana facilities within the City of Atascadero. The ordinance consists of amendments to chapter 13 of Title 5, Public Welfare, of the Municipal Code and a repeal of subsections of Section 9-3.233, Conditional Uses, of the Municipal Code to prohibit medical marijuana facilities. The Planning Commission will be making a recommendation to the City Council. Affects General Plan Designations / Zoning Districts Citywide PC Minutes of 2/16/10 Page 3 of 7 City Attorney Brian Pierik gave the staff report and answered questions from the Commission. Chairperson Moreno explained that the Commission received a letter from Richard and Claudia Tantum that is in favor of changing the ordinance and banning medical marijuana. The letter was introduced into the record. (Exhibit B) DISCLOSURE OF EX PARTE COMMUNICATIONS: • Chairperson Moreno — None • Vice Chairperson Bentz - None • Commissioner Colamarino - None • Commissioner Jack - None • Commissioner Schmidt spoke with numerous people asking specifically what they would like to see and not see. He also spoke with his wife who specializes in Oncology and medicinal uses. • Commissioner Sturtevant - None • Commissioner Ward had a conversation with his son who lived in Amsterdam, which will have no bearing on his decision. PUBLIC COMMENT Tony Paradis stated that she has lived in Atascadero for 20 years. Her son, who came to the podium with her, is an Altoid Spastic Quadriplegic resulting from a near drowning when he was two years old. The only thing that keeps him from having spasms is marijuana. She believes we need a safe access, and marijuana gives her son quality of life. There is not one person who has ever been known to die from marijuana. She asked the Commission to consider the people who sincerely need the help with this medication before making a decision tonight. Warren J. Sarvas, III stated that he is a 30 year resident of this County. In December 2008, his father was diagnosed with squamous cell skin cancer. His father endured two surgeries, radiation and chemotherapy. His doctor suggested using medical cannabis. In the end, his father was able to obtain his medical cannabis, but not in a safe or secure manner. His vision is for other people to be able to obtain their medication in a safe and secure environment. Mr. Jackson stated he is a 15 year resident of Atascadero and a 20-25 year resident of the City of San Luis Obispo. Patients are not going to have a chance to have equal access to the medicine. There are plenty of guidelines and plenty of cities that are functioning quite well with this. He does not believe marijuana should be banned. Taxability of medical marijuana would regulate it. The crime element wouldn't be any different than any other facility. That is why we have local law enforcement. PC Minutes of 2/16/10 Page 4 of 7 Rich Donald said that he spoke at the City Council meeting in October. A collective is operating as a "not for profit organization" that allows patients to receive medication. Currently, there are 13 states that have passed medical marijuana laws and various cities have allowed dispensaries to open. One of these cities, Oakland, benefited after opening medical marijuana dispensaries. He would like the Commission to put off a recommendation to the City Council so that more members of the public can look at the findings in the staff report which were presented tonight. Linda Hill stated that she is a 30 year resident of the County. She is retired and previously worked in and with the criminal justice system. She addressed the secondary affects that medical marijuana facilities could have, and she stressed the word could. She talked about the dispensary in Morro Bay and stated the dispensary had no problems with traffic, crime, or noise, and had an excellent working relationship with the Morro Bay Police Department. She urged the Commission to look at and read the Morro Bay staff report. She also encouraged the Commission to be more compassionate, open-hearted, and mindful of the needs of serving people who are ill. She strongly advised the Commission to adopt Alternative 3. Chairperson Moreno closed the Public Comment period. City Attorney Brian Pierik addressed questions raised during public comment. Commissioners expressed their concerns with some portions of the information presented. Medical marijuana is a controversial and troublesome subject. The legislation may have had two forces behind it (a benefit to people who need it and legalization). City Attorney Brian Pierik stated that should the Commission make the recommendation to approve the ordinance and it goes into effect, it could be rescinded or amended in the future. MOTION: By Commissioner Jack and seconded by Vice Chairperson Bentz to adopt PC Resolution 2010-0005 recommending that the City Council introduce an ordinance for first reading by title only to approve PLN 2009-1348/ZCH 2009-0157 which includes amendments to Title 5 Public Welfare Ordinance, Title 9 Planning and Zoning Ordinance to prohibit the establishment and operation of medical marijuana facilities in the City of Atascadero, based on findings. Motion passed 7:0 by a roll -call vote. PC Minutes of 2/16/10 Page 5 of 7 COMMISSIONER COMMENTS AND REPORTS Commissioner Ward announced a project that the Marine Corps League has been working on in conjunction with Assemblyman Blakeslee's office. It was an enactment of law in State legislature to designate a 115 -mile portion of Highway 101, from San Luis Obispo to Los Alamos, as a portion of the Nation's Purple Heart Trail. They will be raising funds and will be accepting donations for highway signs. They will be publishing a special brochure and will distribute hundreds of copies to various Chambers of Commerce. There will also be articles in the newspaper. He believes this will create more traffic to the Faces of Freedom Veterans Memorial in Atascadero. There is an item on the next Council meeting to petition the County to officially recognize the Faces of Freedom Veterans Memorial as the official Veterans Memorial of the County. Commissioner Schmidt said he was blessed this past week with a tremendous presentation at the Kiwanis meeting on sacred honor. A gentleman talked about the writing of the constitution, and they discussed individuals who we normally don't hear about. DIRECTOR'S REPORT • The next meeting is scheduled for March 2, 2010. There is a CUP for a bed and breakfast on the agenda. • We are still waiting for Walmart to resubmit their plans. He has been in contact with the applicant from the Walmart and Annex project, and they are working on their final revisions. • The La Plaza Theatre project plans have been resubmitted, and are in the review process. • The Colony Square Theatre project is under construction, and they poured half their slab. • Rite Aid is moving along fairly well. • Director Frace said he is still waiting to hear back from Tractor Supply; no new news. • There is a potential new tenant for the Denny's Restaurant. Last week, the City met with their corporate representatives. Hopefully, in the next month, we will have an announcement on who the new tenant will be. • The auto dealer that came before the Planning Commission, Integrity Motors, started working on the site today. We are working with the landscape architect on landscape plans. The plan is to have the car dealer open by March. • The City Council will be discussing the Printery building and the possibility of mothballing on the next City Council agenda. • There has been a lot of discussion about a mural on the south end of town. PC Minutes of 2/16/10 Page 6 of 7 A new Landscape Ordinance was adopted at the last meeting which will put limits on the amount of turf in an area. Commissioners may see this addressed in future staff reports. ADJOURNMENT - 8:38 p.m. The next regular meeting of the Planning Commission is scheduled for March 2, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A — Photos from Alana Reynolds Exhibit B — Letter from Richard and Claudia Tantum \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 10\PC Minutes 2 16 10.doc PC Minutes of 2/16/10 Page 7 of 7