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HomeMy WebLinkAboutMinutes 061389 � ,Y.1 ITEM N MEET7 ATASCADERO CITY COUNCIL MINUTES June 13, 1989 The regular meeting of the Atascadero City Council was called to order at 7:00 p .m. by Mayor Borgeson, followed by the Pledge of Allegiance. I ROLL CALLS Present : Councilmembers Dexter , Shiers, Lilley, Mackey and Mayor Borgeson Absent : None Staff Present : Ray Windsor , City Manager ; Boyd Sharitz , City Clerk ; Bud McHale, Police Chief; Henry Engen, Community Development Director ; Paul Sensibaugh , Public Works Director ; Jeff Jorgensen, City Attorney; and Mark Joseph , Administrative Services Director . CITY COUNCIL COMMENTS: Councilwoman Mackey said she had gone on a tour of Camp Roberts in May and that it was very informative. Mayor Borgeson asked Paul Sensibaugh to give an update on the use of the chipper at the City Yard. Paul reported that the chipper has been sold and therefore the last day that the City will accept anything to be put through the chipper will be June 18th . COMMUNITY FORUM: None A. CONSENT CALENDAR: 1 MAY 23, 1989 CITY COUNCIL MINUTES 2. MAY 30, 1989 SPECIAL COUNCIL MEETING MINUTES 3. AUTHORIZATION FOR JUNE 17, 1989, POLICE DEPARTMENT AUCTION UNCLAIMED PROPERTY 4. RESOLUTION NO. 41-89 - ANNEXATION OF LOT 6, BLOCK FA, DULZURA AVE. INTO SEWER MAINTENANCE DISTRICT NO. 1 (Nicholas) 5. ADOPTION OF ANNUAL ASSESSMENT CHARGES FOR STREET MAINTENANCE DISTRICTS: 1 A. RESOLUTION NO. 33-89 (Dist . 83-1 , Lobos Ln. ) B. RESOLUTION NO. 34-89 (Dist . 83-2, Sonora/Pinal ) C. RESOLUTION NO. 35-89 (Dist . 83-3, Malaza Ave. ) D. RESOLUTION NO. 36-89 (Dist . 84-1 , San Fernando ) E. RESOLUTION NO. 37-89 (Dist . 86-1 , Falda Ave. ) F. RESOLUTION NO. 38-89 (Dist . 86-2, Pinal/Escarps Aves. ) G. RESOLUTION NO. 39-89 (Dist . 86-3, Aguila Ave. ) H. RESOLUTION NO. 40-89 (Dist . 86-4, Cayucos Ave. ) MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to approve consent calendar . Passed unanimously by roll call vote. I B. HE 1 . APPEAL. OF GRADING PERMIT INVESTIGATION FEE - TENTATIVE TRACT MAP NO. 37-87, 8430 SANTA ROSA ROAD (Messer) (Cont 'd from 5/23/89) I Henry Engen, Community Development Director , gave the staff report with the recommendation for denial of the appeal . jPaul Sensibaugh , Public Works Director , discussed the t encroachment permit that was issued to the applicant . Council discussion followed . MOTION: By Mayor Borgeson, seconded by Councilman Dexter to accept the letter from the applicant which was received on 6/12/89. Passed unanimously. I John Falkenstein, Cuesta Engineering , representative for Mr . Messer, discussed the time Line of the project and gave the Council a copy of the encroachment permit that he had received from the Public Works Department. He stated that at no time during the 3-4 month time period did they ever receive any comments from the Community Development Department regarding this project . The plans were approved by the Public Works Department. Cuesta Engineering understood that permit covered all the work described on their set of plans. Apparently that was a misconception on their part . Paul Sensibaugh has informed him since that time that another set of plans were needed for Santa Rosa. Cuesta Engineering prepared a set of plans with the intention that this set of plans would be approved in whole and that they would receive a permit to do the work described on the plans. These plans do not describe any grading activity on the lots, they are confined strictly to construction of roads both public and private and the construction of utilities. It never occurred to Cuesta Engineering that the Building Department would have any permit requirements or any interest in this type of construction activity. They _submitted these plans over the counter on the third floor and they never received any comments 2 I in that three month period of time. The fact that they needed a grading permit from the Community Development Department is news to him. The stop work order said "violation of tree ordinance" and he does not contest the fact that they violated the tree ordinance. It was an oversight on their part , a tremendous oversight . The tree ordinance at the time that they submitted the plans back in July was new to them. When they received the stop work order they immediately sought to correct it . They have gone to great lengths to correct their mistake. No trees were damaged on the site, no trees were removed and no grading ever took place after the time the stop work order was issued . At this time they were informed that they needed a grading permit , which they did and at that time they were assessed this fine for not having a grading permit to begin with . He feels that they did not do any illegal grading . Council questions and discussion followed. Motion: By Councilman Shiers, seconded by Mayor Borgeson to deny the appeal . Passed by roll call vote 3:2 with Councilmembers Lilley and Mackey voting no . 2. APPEAL BY HARKNESS/SINGER OF PLANNING COMMISSION'S DENIAL OF VARIANCE REQUEST, 5405 BAJADA AVE. Henry Engen, Community Development Director , gave the staff report with the recommendation for denial of the appeal with respect to the action of the Planning Commission, but refer the proposed alternative back to the Planning Commission for consideration of a variance for a five foot setback for the proposed garage. Susan Harkness stated that once they found out they could not reconstruct their existing garage they went to the planning staff for suggestions and input as to what they could do and she spoke to Joel Moses. He indicated to her at the time that possibly the rear yard would be considered a side yard and that they would be allowed to build at a zero lot line and based on that information she went to the contractor and had the plans drawn up and paid a deposit . If she had any idea that it would be denied she never would have pursued this avenue," but he indicated to her that there would be a consideration based on their situation. It has been a very frustrating situation for them. She is afraid if she went to the Planning Commission again it would probably be denied again. ' Jeff Jorgensen, City Attorney, said it is important that the applicant understand that the findings necessary for a variance would have to be made whether it ' s a zero lot line adjustment or a 5 foot set back and that there is no assurances that the Planning Commission will in fact grant the variance, however , it would seem that the options available tonight would be either an 3 i I outright denial or at least another opportunity to look at it . Council discussion followed . I Jeff Jorgensen, City Attorney, stated that he is not certain that I the variance procedure is really the mechanism that the Council wants to use. Unfortunately variances are the procedure as mandated by the State and it is not intended to be a mechanism by which you can waive other standards in your zoning ordinance, but rather to relieve people from the strict application of the zoning ordinance that would prevent them from a use that other people in the neighborhood would be allowed to use. So if Council wishes to develop some flexibility to protect trees, say i granting flexibility on what the side yard set backs are going to be, you really ought to do that as an amendment to the zoning standards rather than using the variance procedures. In this particular case looking at it now, he is not familiar with the property physically, but he thinks it ought to be honestly said jthat it might be quite difficult to make the necessary findings for a variance except perhaps if you look at this lot as being unique because it has a double frontage and you compare it with other properties in the neighborhood you may be able to characterize that one property line as side yard . He thinks that is really the type of analysis that is going to be needed to be made if a variance can be granted here. The code provides that disapproval shall be made when the Planning Commission determines that the variance does not satisfy the criteria set forth in government code and the two findings here are the variance constitutes a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated. In other words nobody else in the vicinity or under the same zone is allowed a zero set back under similar circumstances. The second is there is no special circumstances applicable to the property including size, shape, topography, location or surroundings which would upon application of the private property of privileges enjoyed by other property in the ' vicinity and in the same zoning district . If there is going to be any flexibility here that is the finding I that needs to be looked at in relationship to the unique characteristics of the property. I , MOTION: By Councilman Dexter , seconded by Councilman Lilley to deny the appeal and give direction to the staff to refer the alternate plan back to the Planning j Commission. Passed unanimously. 3 RESOLUTION NO 27-89 CENTURY PLAZA SEWER EASEMENT ABANDONMENT jPaul Sensibaugh, Public Works Director gave the staff report with the recommendation that Council adopt Resolution No . 27-89. `' lI l There was no public comment . Council discussion followed . MOTION: By Councilman Dexter, seconded by Councilwoman Mackey to approve Resolution No . 27-89. Passed unanimously by roll call vote. At 8:40 Mayor Borgeson asked for a recess. Meeting reconvened at 8:55 p .m. City Manager Ray Windsor asked that the order of the agenda be changed at this time. C. REGULAR BUSINESSs 7. SAN GABRIEL SCHOOL TRAFFIC MEETING REPORT Paul Sensibaugh , Public Works Director , gave the staff report after which he introduced Bob McNees a representative from Cal Trans who answered questions from the Council . MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to direct staff to proceed to implement recommendations a, b and c . Passed unanimously. 1 . REQUEST FOR CHANGE TO THE ZONING ORDINANCE TEXT TO ADD "CLASSIC AUTO DEALERS b MUSEUMS" AS A PERMITTED FREEWAY SIGN (American Classics) (Cont ' d from 5/23/89) Henry Engen, Community Development Director , gave the staff report with a recommendation that Council deny the request and not process it as a possible change to the zoning ordinance. Ken Craig, co-owner of the property, stated that his business depends on the tourist trade. When they bought the property they saw that a sign was in existence on the pole and they had no reason to believe that they would not be able to put a sign there themselves. Maybe they should have checked further and found out that they wouldn' t be able to have a sign there. Maggie Rice, representing the Atascadero Chamber of Commerce, stated that American Classics is most welcome addition to the, central business district and this sign is vital to attract the tourist trade. Sarah Gronstrand said she thinks it is wonderful that the building has been rehabilitated . The Steering Committee has been working for months on the idea of revitalizing the downtown area and a meeting with the consultant is scheduled for tomorrow. Maybe it would be a good idea to do nothing until we talk to the consultant regarding signs for this area. 5 Council discussion followed . MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to continue this item to the July 11th Council Meeting for a status report . Passed unanimously. 2. ZONE CHANGE 17-88 - DANISH CARE CENTER (CONT'D FROM 4/25/89 & 5/23/89) A. ORDINANCE NO. 194 - Amending the official Zoning Ordinance text regarding maximum population density allowed for group quarters (ZC 17-881 Danish Care Center) (2nd reading) Henry Engen, Community Development Director, gave the staff report and recommended adoption of Ordinance No . 194. There was no public comment. MOTION: By Councilman Dexter , seconded by Councilwoman Mackey to adopt Ordinance No . 194. Passed unanimously by roll call vote. 3. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION REs GENERAL PLAN CYCLE 2-89 Henry Engen, Community Development Director , gave the staff report- with the recommendation per the Planning Commission ' s recommendation, to defer the general plan amendments for Cycle 2 - 1989 and consider within the General Plan Update Program in context with other areawide land use changes. A refund for fees paid would follow. Jaime Lopez-Balbontin, owner of the property at 4155 Carrizo Road , stated they had applied for this three years ago . At the time they were advised that it was a logical request and that they should go ahead with it . The Planning Commission approved it and it went to the Council and the Council directed the staff to do a neighborhood study area on the basis of spot zoning . They waited for three years for some action to be taken on this and nothing has been done and they would like something to be done regarding this as soon as possible. Council discussion followed . Deborah Hallowell spoke on behalf of Steve Sommer , 7940 Santa Ynez stated her client is happy to have this considered as part of the General Plan reworking as a whole for the City. They request if Council turns this over to staff that there is some direction that this definitely is looked at by December so that they are not neglected 6 Council discussion followed . MOTION: By Mayor Borgeson, seconded by Councilman Shiers to defer these general plan amendment applications and to consider them as part of the general plan update II program. Passed unanimously by roll call vote. I 4. ESTABLISHMENT OF CHARLES PADDOCK ZOO ENTRANCE FEES FOR SEVEN DAYS PER WEEK DURING SUMMER MONTHS City Manager , Ray Windsor , reported that this item has not been j discussed by the Parks and Recreation Commission but will be done so at their scheduled meeting on Thursday of this week . It should come back to the Council at the next scheduled meeting for consideration. MOTION: By Councilwoman Mackey, seconded by Councilman Shiers to continue this item and bring back at the first meeting in July. Passed unanimously by roll call vote. 5. ESTABLISH HEARING DATES FOR BUDGET REVIEW City Manager , Ray Windsor , hearings will be held during the week of July 10th , but he will meet individually with each Councilmember to establish those dates. This will be on the next Council Agenda with firm dates. The budget document will be made available to the Council before these meetings take place. 6. RECYCLING COMMITTEE SELECTION Paul Sensibaugh , Public Works Director , gave the staff report . MOTION: By Councilwoman Mackey, seconded by Mayor Borgeson to appoint Renee Silberman, Ronald Vilarino , Ralph Bates, Craig Dingman and Michelle Velasco will serve as the five Citizen-at- large members of the Recycling Committee. James Patterson will be the "Local Recycler" . Passed unanimously. Paul Sensibaugh stated that Wil Mar Disposal will be the handler . He or one of his representatives will serve on this Committee also . MOTION: By Mayor Borgeson, seconded by Councilman Shiers that Councilwoman Mackey serve on this committee. Passed unanimously by roll call vote. S. CITY'S TEN YEAR ANNIVERSARY Ray Windsor , City Manager , reported that there will be a meeting with staff, Mayor Borgeson and Councilwoman Mackey to put 7 0 together an action plan. This committee will be. putting together suggestions and these will be brought back at the next council meeting . D. INDIVIDUAL DETERMINATION/AND OR ACTIONm CITY COUNCILa Councilman Lilley said he had met with the Skateboarders and will meet with them again before the next Council Meeting . City Council directed the City Clerk ' s Office to begin a recruitment for the vacancy created by the resignation of Mike Toby. Deadline for the recruitment will be one month . Ray Windsor stated that Andy Takata, Director of Parks, Recreation and Zoo Department will have a recommendation regarding the Parks and Recreation Commission vacancy at the next Council meeting . MEETING ADJOURNED AT 10:50 P.M. TO A CLOSED SESSION AT 1 :00 P.M. ON WEDNESDAY, JUNE 14, 1989 IN THE CLUB ROOM TO MEET WITH THE SALARY CLASSIFICATION & COMPENSATION CONSULTANT MINUTES RECORDED BY: 1101 I BOYD C. SHARITZ, CITY K PREPARED BY: OR16 IA' R IREZ, CTING DEF5ffY CITY CLERK 8