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HomeMy WebLinkAboutMinutes 051181 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 7 : 30 p.m. Atascadero Administration Building The meeting was called to order at 7• 30 p.m byMayor Pro Tem Stover. Donald .Curtis, representing St. Williams Catholic Church, gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Nelson and Mayor Pro Tem Stover ABSENT: Councilman Mackey and Mayor Wilkins PUBLIC COMMENT None A. CONSENT CALENDAR 1. Minutes of the regular meeting of April 27 , 1981 (RECOMMEND APPROVAL) 2. Treasurer' s Report, 4-1-81 to 4-30-81 (RECOMMEND APPROVAL) 3 . Departmental Review R810323 :1, 3950 El Camino Real, Bruce Eisengart dba: Hometown Nursery, to allow establishment of a retail plant nursery (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4 . Tentative Parcel Map AT 810329 :1, 7475 Balboa Road, Gordon T. Davis (Twin Cities Engineering) to allow division of 10 .42 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Tentative Parcel Map AT 810305: 1, Palo Verde Road, William Fortington, to divide 12. 24 acres into two parcels (RECOMMEND 1 APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6 . Tentative Tract Map AT 810224:1, 5425 Olmeda, Burton - Williams - LaLande, to allow a six unit air space condo- minium subdivision (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Mr. Warden reviewed all items on the Consent Calendar. MOTION: Councilman Nelson moved for approval of the Consent Cal- endar. The motion was seconded by Councilman Highland and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Planning Director' s decision concerning Building Code requirements, 6195 E1 Camino Real, Stanford Clinton (John Scholz) Larry Stevens stated that the applicant has been altering an existing bar/restaurant and is appealing two conditions which the 0 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11 , 1981 Page Two Planning Department placed on the permit. One condition is that all additional doors comply with Fire Code minimums (exit signs, 3 ' mini- mum width, complying risers, panic hardware) or modify doors so as to prohibit general public use. The second condition is that the applicant provide a written statement that the second floor area is not to be used except for storage until compliance with Fire Code requirements. Gary McKibben, architect representing the applicant, spoke in favor of the appeal. He said that his client had purchased the res- taurant in its present condition, that it had been operating for some years now, and he did not feel that they should be made to comply with the Code to this extent. He outlined the improvements the appli- cant was making on his own initiative. rThere was considerable discussion with regard to the interpre- tation of the Code and whether this improvement was considered -re modeling or merely redecorating. It was noted that while Council may interpret the Code as to its meaning, they could not ignore the Fire Code regulations specifying defined conditions. MOTION: Councilman Highland moved that the appeal be denied. The motion died for lack of a second. Mr. Stanford Clinton, the applicant, spoke in favor of the appeal . MOTION: Councilman Highland moved that the appeal be denied and that Staff be instructed to prepare a resolution with the appro- priate findings. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. ' 2. General Plan Amendment GP 810325 :2, 7565 Sombrilla, Helen Walley, to allow a change in land use designation from Moderate Density Single Family Residential to High Density Single Family Residential Public Hearing Mr. Stevens reviewed this matter stating that the Planning Com- mission had denied the requested change to High Density Single Family Residential because they felt it would encourage spot zoning. Jack Stinchfield spoke in favor of the proposed change and Linda Schoof spoke in opposition to the change. Mr. Warden noted that Council could consider rezoning the entire strip along Sombrilla or refer the matter back to the Planning Commission with their recommenda- tions. They could also deny the request without prejudice and carry it over to the General Plan amendment considerations in Augusta ' MOTION: Councilman Nelson moved that Council deny the request without prejudice and consider this as an appropriate amendment to the General Plan considering the entire strip. The motion was seconded by Councilman Highland and unani- mously carried. rMINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Three 3. General Plan Amendment GP 810108:1, Capistrano and South Mall Extension, Don Messer, to allow a change in land use designation from High Density Multiple Family Residential to Retail Commercial Public Hearing Larry Stevens reviewed this matter stating that the Planning Commission has authorized a Conditional Negative Declaration and approved the requested change to Retail Commercial . Dennis Bethel, engineer for the project, stated that he concurred with the Planning Commission's recommendation and Staff' s findings and requested Council approval for the amendment. rMOTION: Councilman Highland moved for approval of the Planning Commission's recommendation. The motion was seconded by Councilman Nelson and unanimously carried. 4 . General Plan Amendment GP 810325:1, 11505-.905 El Camino Real and 11550-11950 Viejo Camino, Michael Frederick, et al, to allow a change in land use designation from Suburban Single Family Residential to Moderate Density Single Family Resi- dential or a land use that would allow a one acre minimum lot size - Public Hearing Mr. Stevens reviewed the Planning Commission's consideration of this change in land use designation and their denial of the request based upon their determination that the General Plan should not be amended to allow one acre lots in the area. Michael Frederick spoke in favor of the change. MOTION: Councilman Highland moved that Council adopt the Planning Commission's recommendation and findings. The motion was seconded by Councilman Nelson and unanimously carried. Noel Shut spoke in favor of the requested amendment. 5. General Plan Amendment GP 801101: 1, ini i initiated by City Council, to consider amending the Circulation Element con- cerning the future location of Highway 41 northerly of Freeway 101 - Public Hearing Larry Stevens reviewed the Planning Commission's recommendation which was to delete all references to Highway 41 north and east of Freeway 101 and to support use of 101 north to Paso Robles and High- way 46 to Shandon instead of the existing or proposed routes. Mr. Stevens noted that Staff was recommending retention of the Mercedes alignment based upon the supporting data as outlined in the Staff Report to the Planning Commission. Comments were heard from Tom Parks concerning costs; Howard Mahron in favor of the Mercedes route; Doug Lewis regarding other ' alternatives; also Don Messer and Gary Hoskins. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Four Council members discussed the matter with Councilmen Highland and Nelson favoring the Mercedes route. MOTION: Councilman Nelson moved that Council overrule the Planning Commission decision and direct that the General Plan amend- ment be revised to reflect the analysis provided by the Staff memo. The, motion was seconded by Councilman Highland and unanimously carried. RECESS 9: 35 p.m. RECONVENED 9:40 p.m. 6. General Plan Amendment GP 810316:1, initiated by Planning Commission, to consider a policy within the Land Use and Housing Elementsconcerning density bonuses for low and moderate income housing - Public Hearing Mr. Stevens reviewed the Planning Commission' s consideration which authorized a Conditional Negative Declaration and adopted a resolution setting forth findings and approved text changes as out- lined. 1 During the public hearing, comments were heard from Doug Lewis. MOTION: Councilman Nelson moved that Councilgoalong with the Planning Commission recommendation and Staff Report. The motion was seconded by Councilman Highland and unanimously carried. 7 . General Plan Amendment GP 810316: 2, initiated by Planning Commission, to review and establish minimum lot sizes applicable to Planned Unit Developments and mobile home subdivisions - Public Hearing The Planning Commission had unanimously approved the text change. There were no comments from the public. MOTION: Councilman Highland moved for approval of the Planning Commission's recommendation. The motion was seconded by Councilman Nelson and unanimously carried. 8 . General Plan Amendment GP 810316 : 3, initiated by Planning Commission, to consider amending the Land Use Element con- cerning densities allowed in Multiple Family Residential land use designations - Public Hearing Mr. Stevens noted that the Planning Commission had denied the amendment to increase multiple family densities and directed further study of the matter and recommended reconsideration during the next General Plan amendment cycle There were no public 'comments on this amendment. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Five MOTION Councilman Nelson moved that Council approve the Planning Commission's recommendation and Staff Report. The motion was seconded by Councilman Highland and unanimously carried. 9 . General Plan Amendment GP 810316 : 4 , initiated by Planning Commission, to consider policies in the Land Use Element relating to future industrial development Public Hearing Mr. Stevens noted that the Planning Commission had approved amending the Land Use Element text as set forth in the resolution. Doug Lewis spoke to the amendment. ' MOTION: Councilman Highland moved that Council adopt the recommenda- tion of the Planning Commission and Staff Report. The motion was seconded by Councilman Nelson and unanimously carried. C. UNFINISHED BUSINESS None D. NEW BUSINESS 1. Recognition of Atascadero Police Officers Association Mr. Warden stated that the Police Officers Association had complied with the rules and regulations relating to recognition of employee groups and he was recommending acceptance by the Council of their Petition for Recognition. MOTION: Councilman Highland moved that Council accept the Petition and Bylaws from the Atascadero Police Officers Association. The motion was seconded by Councilman Nelson and unanimously carried. 2. Request of Atascadero Jaycees for use of Atascadero Lake Park for 4th of July celebration Mr. Warden stated that the Jaycees had requested the use of Atascadero Lake Park for the 4th of July celebration again this year. Staff had met with the representatives of the Jaycees and Mr. Warden was recommending that the same provisions as were established last year be approved for this year. MOTION: Councilman Highland moved that Council approve the arrange- ments including the conditions as outlined and authorize the closure of the three streets. The motion was _seconded by Councilman Nelson and unanimously carried. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Six 3 . Request of Atascadero School District for street closure on Palma Avenue for community concert, June 5, 1981 1 Mr. Warden stated that the School District was requesting the q g closure of Palma Avenue for a community concert on June 5th. This matter has been coordinated through the City departments and does not present any problems. MOTION: Councilman Nelson moved for approval of the street closure. The motion was seconded by Councilman Highland and unani- mously carried. 4 Chamber of Commerce request for carnival Mr. Warden stated that the Chamber of Commerce wished to hold a carnival on May 20 through 25, however, they had been unable to pro- vide the City with information concerning the carnival so that Staff could coordinate the matter in accordance with current ordinances. The carnival will be held on E1 Camino Real at the San Luis Butane property. He asked Council to approve the request subject to compliance with conditions as established by ordinance. 1 MOTION: Councilman Highland moved that Council approve the Chamber' s request for a carnival subject to the required conditions. The motion was seconded by Councilman Nelson and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1 1. City Council Council members had nothing. ' 2. City Attorney 1 Mr. Grimes had nothing to report. 3 . City Manager (a) Mr. Warden stated that the City had been offered the old Lucky Market building if the City would remove the structure from its location within two weeks. He estimated that the cost could be from $3,000 to $5, 000 to move the building. He dis- cussed the possible uses for the building and recommended that Council approve the amount required to move the building. Until the City decides on a definite use for it, it can be stored at the sewage treatment plant. MOTION: _ Councilman Highland moved that Council authorize the City Manager to enter into a contract, subject to the approval of the City Attorney, and that up to $5, 000 be authorized for transfer from Contingency Reserve for moving the building. ' The motion was seconded by Councilman Nelson and unanimously carried. t ' MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Seven (b) Mr. Warden advised that the next Council meeting date is May 26th which is a holiday. Council discussed whether or not to meet the following Tuesday, however, some Council members and the City Manager had a conflict with that date. Council decided to cancel that meeting. MOTION: Councilman Highland moved that the second meeting in May be cancelled. The motion was seconded by Councilman Nelson and unanimously carried. The meeting adjourned at 10:16 p.m. Recorded by: MURRAY L. WARDEN, City Clerk Z;05�� a40 ' By: Ardith Davis Deputy City Clerk 1 1 1 t t 1