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HomeMy WebLinkAboutMinutes 071189 DAT M1 E AGENDA ATASCADERO CITY COUNCIL MINUTES JULY 11, 1989 The regular meeting of the Atascadero City Council was called to order at 7 :05 p.m. by Mayor Dexter, followed by the Pledge of Allegiance. ROLL CALL All Present: Councilmembers Borgeson, Lilley, Mackey, Shiers & Mayor Dexter Staff: Ray Windsor, City Mgr. ; Henry Engen, Dir`. of Community Development; Paul Sensibaugh, Dir. of Public Works; Andy Takata, Dir. of Parks, Rec . & Zoo; Chief Bud McHale, Police Dept. ; Jeff Jorgensen, City Attorney; Mark Joseph, Dir. of Admin. Services; Cindy Wilkins, Admin. Secy. COUNCIL COMMENT Mayor Dexter commented on the condition of Councilwoman Borge- son' s daughter, Bernadette, who is at Sierra Vista Hospital recovering from injuries suffered in a traffic collision several days ago. Mayor Dexter noted that presentation of the Certificate of Ap- preciation to the C.Y.A. workers will be postponed, as its recipients are out of the area fighting fires COMMUNITY FORUM - No public comment. A CONSENT CALENDAR: 1. June 27, 1989 City Council Minutes 2. Resolution No. 42-89 - Supporting July 1989 as Parks & Rec- reation Month 3. Proposed time extension for TPM 12-87, 5192 Portola Rd. (Janis/Twin Cities Eng. ) 4. Status Report on Downtown Master Plan/proposed signage for "Classic Auto Dealers & Museums" There was no public comment. Motion: By Councilwoman Mackey to approve the Consent Cal- endar, seconded by Councilman Shiers; passed unanimously by roll-call . 1 B. HEARINGS/APPEARANCES: 1. Tentative Parcel Map 4-89, 7445 Cortez Ave. - Proposed Sub- division of 8.26 ac. into four lots, with three lots at 1.5 ac. each and one lot at 3.76 ac. (Larson/Cuesta Eng. ) (Cont'd from 6/27/89) Mr. Engen gave staff report, recommending approval subject to 13 Conditions, and responding to concerns from Council at its last meeting, primarily in the areas of flooding, grading, tree remov- al, noise from the nearby railroad, the possibility of a future split of the proposed fourth lot, and proposed construction of a driveway over the existing pipeline on Parcel 1 . Related discus- sion ensued. The City' s liability exposure in the event of a future occurrence involving a problem with the pipeline was dis- cussed. Mr. Jorgensen, City Atty. , noted that construction would be subject to the pipeline company's criteria, as well as Build- ing Code requirements; he does not believe that approval of the parcel map would give rise to direct liability to the City. Public Comment Deborah Hollowell, Cuesta Eng. , representing the applicant, responded to concerns expressed by Council . She noted that the landscape screening from the railroad was proposed by the appli- cant. She indicated that there is no limitation for construction over the pipeline other than for buildings, so the driveway can cross that easement, adding that Chevron is very willing--if not demanding--to see the construction plans, on which their signa- ture of approval is required. She requested deletion of the phrase, "including driveways" from Condition #3 (a) , since con- struction of one house is proposed at the present time, and the locations of the others are not known yet. Mr. Engen responded that he does not view that as a problem. Motion: By Councilman Lilley, seconded by Councilwoman Mackey, to approve TPM 4-89, incorporating the Conditions of Approval as set forth in staff' s report, omitting the phrase, "including drive- ways" found in Paragraph 3(a) of said conditions; passed unanimously. 2. Heritage tree removal request for the construction of En- canto Rd. (Barnes) (Cont'd from 6/27/89) Mayor Dexter noted that "Encanto" ,is the proper spelling of the road (not "Enchanto" ) , which translated means "enchanted" . Mr. Engen gave staff report, indicating that since the last Council meeting members of staff and Council had toured subject site. Staff recommends that the tree removals outlined in its 2 report be approved with the understanding that Mr. Barnes seeks to save two of the trees in question, if possible, as he pro- ceeds on detailed road engineering. I Public Comment I Bill Barnes, applicant, responded to concerns expressed by Coun- cil, indicating his willingness to work with the City to save as many trees as possible. Council discussed with staff the need to establish a policy which addresses the subject of adjustment of platted Colony roads to accommodate trees . Motion: By Councilman Lilley, seconded by Councilwoman Mackey, to approve the requested heritage tree removal for E1 Encanto Rd. , under the Conditions as set forth in staff' s report, and that tree protection requirements will be employed as a part of the development of this road; passed unanimously by roll-call . 3. Appeal by Don & Joyce Kline of Planning Commission approval of C.U.P. 3-89 authorizing establishment of a church in an RS zone at 5400 San Anselmo Mr. Engen gave staff report, including a recommendation for denial of the appeal and upholding the Planning Commission' s revised conditions of approval. Discussion with Council fol- lowed: Public Comment Nick Gilman, Architect representing the applicant, spoke in support of the proposal. He clarified that the 3-year use was a concession on behalf of the applicant in order to get approval for the project--this was not intended to be limited to a 3-year use, and he noted that significant improvements are called for by the City. Rev. Vern Haynes, Applicant, spoke in support of the proposal, requesting Council consideration and fairness, and he responded to questions It was clarified that incidental use for counsel- ling at the location is interpreted as, basically, not operating a major, organized counselling program. Don Kline, Appellant, 5300 San Anselmo, expressed his objections to the proposal, mainly due to the potential creation of addi- tional traffic to the area, noting that San Anselmo hasn' t been brought up to full arterial road standards . He presented a 46- 3 name petition from residents requesting denial of the request. He asked that Council' s decision be based on traffic concerns, with particular attention to the rise in the road and student pedestrian safety. Jim Cook, 4130 Nogales Ave. , expressed student pedestrian and traffic concerns, including the rise in the road. He feels the absence of a left-turn lane to enter subject site will increase the potential for rear-end collisions. He also feels the prop- erty and building are inadequate for the proposed use, pointing out that he is not opposed to churches . He also inquired who will police the church to make sure the approved use is complied with. (Note: Deputy City Clerk arrived 9 p.m. ) THE ABOVE PORTION OF THE MINUTES RECORDED BY: CINDY WILKINS, Admin. Secy. 4 I I I I David Hunt , 4585 San Anselmo , stated he welcomed this church to Atascadero but he has sincere concerns about the location of this I church . The street is used for children to be picked up by school buses and thinks there is a definite safety concern for these children. Bob Trotter , 5260 San Anselmo , said his main concern is the children who use San Anselmo . He also expressed his concerns about the drainage problems on this street during the rainy weather . He feels that the church ' s parking lot will be filled with water during the rainy season. Nick Gilman responded that the restricted times of the facility are outside of either rush hour or school bus traffic . The incidental use of this facility during day time hours should not affect other traffic problems. He agrees that the drainage problems in that area are quite strange by any city ' s experience but he recognizes that and will deal with it as requested in the staff report . Mr , Klein read his closing statement which stated : This conditional use permit shall expire one year from the date of final approval unless all conditions are satisfied and the project shows substantial progress or unless a time extension has been granted pursuant to the written request prior to the expiration date. With the amount of money that is going to be expected from this church to widen the street and do all the necessary upgrading that is being put onto this, he questions whether and how much is going to actually get done before the church comes back and asks for this extension. We could go three years and still never get all of it done that has been requested of the church . Ruth Haynes stated there are many concerns regarding the children and the school buses. During this time of the day their church will not contribute to the traffic problem. It is being made very difficult for the church to even begin. Since they have purchased the property and went in with very good intentions, and would not in any way cause the city any problem. They could have gotten ,petitions signed and had a large number of people show up for this meeting , but they didn ' t - want to do that. They came with good intentions and are able to follow the ,guidelines that the City has set up and if the neighbors will give the church the opportunity and see what the church can accomplish before imposing all of these restrictions on them. They will ,do everything they can to enhance this neighborhood . Harley Molanex realizes that there is a traffic problem in that area but does not believe it will increase with 22 cars on a Sunday morning or Wednesday evening . He wonders if the Council or Police Department or the neighbors around the church has the right to restrict the church Rev. Haynes stated that people have to learn to adjust . We are 5 living in a changing world . All they are trying to do is establish a nice church and hope they can all work together to make this a better community. Council discussion followed . I At 9:40 Mayor Dexter asked for a 10 minute break . The meeting reconvened .at 9:50 p .m. MOTION: By Councilwoman Borgeson, seconded by Councilman Shiers to uphold the appeal by Don and Joyce Kline and to deny the conditional use permit authorizing the establishment of a church in a RS zone at 5400 San Anselmo. Motion failed by 3:2 vote with Councilmembers Lilley, Mackey and Dexter voting no . I MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to uphold the conditional use permit with the following modifications to the conditions of approval : modification of the second sentence in 3(a) to delete "for counseling or small social service functions" . Modifying paragraph 6 of the conditions to require a b foot fence and modifying paragraph 5 to require a. pedestrian walkway of some suitable natural material other than a sidewalk ( to be determined by staff other than concrete) along the frontage on San Anselmo . Motion passed by 3.2 vote with Councilmembers Borgeson and Shiers voting no . 4. APPEAL BY THOMAS MCNAMARA OF PLANNING COMMISSION DENIAL OF THE PROPOSED DIVISION OF A 7.0 AC. LOT INTO FOUR LOTS RANGING FROM 1 .55 TO 2.20 AC. IN AN RSF-Z ZONE AT 7000 SAN PALO (Tentative Parcel Map 7-89) Councilman Lilley said he had a conflict of interest and he didn ' t intend to participate in the discussion or to vote on this issue and asked to be excused . Staff report was given by Henry Engen, Community Development Director with the recommendation to uphold the appeal and approve TPM 7-89 based on the Findings for Approval in the attached Exhibit "D and subject to the Conditions of Approval inExhibit "Ell . John Falkenstein, representing Mr . McNamara, answered questions from the council . MOTION: By Councilwoman Mackey, seconded by Mayor Dexter to uphold the appeal and approve TPM 7-89 based on the findings for approval with the amendments that have been made approving exhibit "D subject to conditions of approval in exhibit "E" . (Requirement for an open space easement on lots 2,3,4 and tree protection around the oak tree on #2) . No action was taken due to the 6 2:2 vote (Councilwoman Mackey and Mayor Dexter voting yes, Councilman Shiers and Councilwoman Borgeson voting no ) . .This will be continued to the next council meeting due to the no action vote. MOTION: By Councilwoman Mackey, seconded by Mayor Dexter to continue this until the next council meeting . Passed unanimously. Councilwoman Borgeson asked the City Attorney for a written report on the "no action" vote. Mr . Jorgensen stated that he would prepare this written report for the Council . 5. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION FOR THE CITY COUNCIL TO ADOPT--ON AN URGENCY BASIS FOLLOWING PUBLIC HEARING--A CR -D COMMERCIAL RETAIL-DOWNTOWN ZONING DISTRICT (Requires a 4/5 vote of Council ) Staff report was given by Henry Engen, Community Development Director . Council discussion followed . MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to continue the meeting past 11 p .m. Passed unanimously. Council discussion followed . John Himes, president of the BIA, stated that they feel it is not an emergency but that study of changing of the zoning has merit and should be looked into in the future. Their main concern is that an excellent consultant has been hired and hopefully he will come forth with a very nice and workable -plan and the City will adopt something and would like _ to see the consultant have a chance to bring forth what he feels is good rather than us trying to intercede before he has a chance to do what he is being paid to do . Bob Nimmo said he didn ' t see what threatens the public health , welfare or safety of the people of Atascadero . The people most affected by the proposed ordinance ( the BIA, the Chamber of Commerce) are opposed to this Urgency Ordinance as well as At'ascadero 2000 and several other groups. He urged the Council to proceed cautiously on this matter . Whitey Thorpe spoke against an urgency ordinance. He asked the Council to leave it in the hands of the consultant. Lon Allan spoke against the urgency ordinance. He expressed his concern about excluding businesses that would require the need for satellite dishes or antennas. 7 Further council discussion followed . MOTIONe By Councilwoman Mackey, seconded by Mayor Dexter to continue the public hearing and direct staff to draft an urgency ordinance prohibiting the identified uses in the downtown area. Passed by roll call vote 4:0: 1 with Councilman Lilley abstaining . C. REGULAR BUSINESSs 1 . SET MEETING DATE FOR CLOSED SESSION FOR INSTRUCTIONS TO STAFF AND NEGOTIATOR ON BARGAINING POSITION REs SALARY STUDY City Manager , Ray Windsor , asked that this item be continued to the next regular Council meeting . MEETING ADJOURNED AT 11 :40 P.M. TO A BUDGET HEARING ON WEDNESDAY, JULY 12 AT 3 P.M. IN THE CLUB ROOM. MINUTES RECORDED BY: BOYD C. SHARITZ, CIT LERK PRERA ED BY: OjO ORGTA RAMfi� REZ, AC NG DEPUTY ITY CLERK 8