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PC 07.a. 12-01-15 Minutes Draft DRAFT ACTION MINUTES REGULAR MEETING OF THE PLANNING COMMISSION TUESDAY, DECEMBER 1, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Chair George called the Regular Planning Commission meeting to order at 6:00 p.m. 2. ROLL CALL Planning Commission: Commissioners John Keen, Glenn Martin, Terry Fowler-Payne, John Mack, and Lan George were present. Staff Present: Community Development Director Teresa McClish, Associate Planner Matt Downing, City Engineer Matt Horn, Police Chief Steve Annibali and Secretary Debbie Weichinger were present. 3. FLAG SALUTE Commissioner Mack led the flag salute. 4. AGENDA REVIEW Commissioner George moved to review Item 9.a. followed with Item 8.b. to accommodate the applicants in the audience. Commissioner Mack seconded and the motion was approved by a voice vote. 5. COMMUNITY COMMENTS AND SUGGESTIONS None 6. WRITTEN COMMUNICATIONS The Commission received the following material after preparation of the agenda: 1. Two Memos dated December 1, 2015 from Associate Planner Matt Downing regarding Agenda Item 8.a. 7. CONSENT AGENDA 7.a. Consideration of Approval of Minutes. Recommended Action: Approve the minutes of the Regular Planning Commission Meeting of November 3, 2015 as submitted Action: Commissioner Keen moved to approve the minutes of the Regular Planning Commission Meeting of November 3, 2015, as submitted. Commissioner Martin seconded, and the motion passed on the following roll call vote: AYES: Keen, Martin, Fowler-Payne, Mack, George NOES: None ABSENT: None 9. NON-PUBLIC HEARING ITEM 9.a. CONSIDERATION OF LOT MERGER 15-003; LOCATION – 515 LE POINT STREET; APPLICANT – GUY TORELLI; REPRESENTATIVE – MARK VASQUEZ PLANNING COMMISSION PAGE 2 MINUTES DECEMBER 1, 2015 Associate Planner Downing presented the staff report and recommended that the Planning Commission adopt a Resolution approving lot Merger 15-003. Chair George opened the public comment period. Hearing no public comments, Chair George closed the public comment period. Action: Commissioner George moved to adopt a resolution entitled “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT MERGER 15-003; LOCATION – 515 LE POINT STREET; APPLIED FOR BY GUY TORELLI”. Commissioner Keen seconded and the motion passed on the following roll call vote: AYES: George, Keen, Fowler-Payne, Mack, Martin NOES: None ABSENT: None 8. PUBLIC HEARINGS 8.b. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT CASE NO. 15-003; REGARDING MEDICAL MARIJUANA; LOCATION - CITYWIDE; APPLICANT – CITY OF ARROYO GRANDE Community Development Director McClish presented the staff report and recommended that the Planning Commission adopt a Resolution recommending that the City Council adopt an ordinance adding chapter 16.62 to Title 16 of the Municipal Code relating to medical marijuana dispensaries, cooperatives and collectives, cultivation of medical marijuana, and deliveries of medical marijuana or medical cannabis products. Community Development Director McClish and Police Chief Annibali responded to questions from the Commission. Chair George opened the public hearing. The following asked that medical marijuana be regulated and not prohibited: Speaker (no name given), Leonard Lenger, Carpenter Canyon, and Joni, Arroyo Grande. Hearing no further comments, Chair George closed the public hearing. The Commission provided the following comments/concerns: there is medicine that can be used instead of relying on medical marijuana; support regulating and not banning; supports the proposed ordinance of the resolution; support individual use for medical needs and do not support cultivation use for sale or profit; limit to a few plants; support the City have control and not the State; and suggested a temporary ban. Action: Commissioner Martin moved to adopt a resolution entitled “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING CHAPTER 16.62 TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA DISPENSARIES, COOPERATIVES AND COLLECTIVES, CULTIVATION OF MEDICAL MARIJUANA AND DELIVERIES OF MEDICAL MARIJUANA OR MEDICAL CANNABIS PRODUCTS”, with specific review and re-evaluation of banning all cultivation and private use. Commissioner Fowler-Payne seconded. PLANNING COMMISSION PAGE 3 MINUTES DECEMBER 1, 2015 The Commission discussed the cultivation of marijuana, the ban, ticketing the little guy, and private use. Chief Annibali stated that the interest is not going after grandma with a plant on her kitchen counter, this would be complaint driven and there are problems that come with the large grow i.e. lighting, noise. Action: Commissioner Martin moved to adopt a resolution entitled “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING CHAPTER 16.62 TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA DISPENSARIES, COOPERATIVES AND COLLECTIVES, CULTIVATION OF MEDICAL MARIJUANA AND DELIVERIES OF MEDICAL MARIJUANA OR MEDICAL CANNABIS PRODUCTS”, with specific review and re-evaluation of banning all cultivation. Commissioner Fowler-Payne seconded and the motion passed on the following roll call vote: AYES: Martin, Fowler-Payne, Mack NOES: Keen, George ABSENT: None Chair George called for a break at 6:56 pm. The Commission reconvened at 7:02 pm. 8.a. CONSIDERATION OF LOT MERGER 15-004, CONDITIONAL USE PERMIT 15-007, AND MITIGATED NEGATIVE DECLARATION; CONSTRUCTION OF A 51-ROOM BOUTIQUE HOTEL; LOCATION – 325 EAST BRANCH STREET; APPLICANT – NKT COMMERCIAL; REPRESENTATIVE – STEVEN PUGLISI ARCHITECTS Commissioner Fowler-Payne stepped down from the dais due to a conflict on the proposed project. Associate Planner Downing presented the staff report and recommended that the Planning Commission adopt a Resolution adopting the Mitigated Negative Declaration and approving Lot Merger 15-004 and Conditional Use Permit 15-007 recommending the City Council approve the project. Associate Planner Downing, City Engineer Horn, and Community Development Director McClish responded to questions from the Commission regarding the proposed project. Steve Pulgisi, applicant, spoke in support of the project, addressed the architecture character of the proposed building and responded to questions from the Commission regarding driveways, parking lot, height/elevation, guest amenities, water, the previous proposal of a market, parking, and oak tree/retaining wall. David Foote, spoke in support of the project. Chair George opened the public hearing: Shirley Gibson, Halcyon, spoke in support of the hotel, asked for m ore Commission discussion on lighting, and noise issues, would like the hotel closer to the street and screened with street trees, etc., don’t like the parking in front of the hotel, concern with architecture--with the front view looking PLANNING COMMISSION PAGE 4 MINUTES DECEMBER 1, 2015 from Branch Street, would like it to look like a hotel, minimize driveways and stated there were hotels in the Village before. Carol Fulmer, Le Point Street, stated she prefers a market instead of a hotel. Mike Hicks, stated to consider residents of the Village not just tax revenue, expressed concern with water conservation, stated there should be a building moratorium, and this is the wrong project, place, and time. Margaret Coon, stated she is concern with water, safety of the nearby middle school, increased traffic, bicycles, and opposed this size of project at this time. Eileen Hughes, Whiteley Street, agrees with the concerns expressed above. Peggy Cook, expressed her concern with size, noise, general pollution, and is opposed to the proposed project. Terry Fowler-Payne, Miller Way, stated she is concern with no restrictions of the commercial water use i.e. pool and spa, staging for emergency vehicles, there should be no access on Haden Street, traffic congestion, Crown Hill School traffic, building should be bought out to the sidewalk, and is not in favor of the hotel style. John Seitz, Crown Hill, concern with the safety of kids coming down from the school, too crowded for the residents, the effect on resident’s tax base, traffic, would like to see a market and opposed the hotel. Speaker (no name given) opposed the hotel, concern with safety of the children, traffic, long term water conservation, ask if pool is needed, parking is a problem, Shawn Dixson, Crown Hill, opposed the hotel, Cathy Hughes, Crown Hill, opposed the hotel, concerns with safety for kids, pork chop needs to be painted red, and not enough parking and traffic. Kevin McCarthy, Garden Street, expressed concern with water, asked about signage, and asked if is there a process if a new owner comes in. Steve Loomis, spoke in support of the hotel, questioned the style of the hotel and if ARC should re - evaluate, and suggested to bring project closer to the street and stated there were hotels in the Village long ago. Hearing no further comments, Chair George closed the public hearing. Commissioner Keen provided the following comments: the building needs to be more in tune with the Design Guidelines, “boutique” is about size, not necessarily upscale amenities, height is consistent with the Village, current traffic issues were caused in the past and hotel will have significantly less traffic than market, the hotel will be successful and help the Village. Commissioner Martin provided the following comments: the site is zoned commercial, there is difficulty finding parcel large enough for quality project like the proposal, will defer to the Fire PLANNING COMMISSION PAGE 5 MINUTES DECEMBER 1, 2015 Authority for emergency access, water is an important component and hotel will do its fair share, would prefer a market but the previous market left for a reason, is in support of the project. Commissioner Mack provided the following comments: the Village is unique in character, was anticipating a different hotel concept, concerned with traffic and potential City solutions to the issue, concerned with parking lot layout and driving past the hotel to enter the site, architecture feels cookie cutter and could use additional revisions, concerns with pedestrian safety, in support of hotel concept but not at current scale. Chair George provided the following comments: this is privately owned property and the City cannot require a market to be developed, the hotel will support the merchants of the V illage, traffic will be impacted by any development, hotel has less traffic than market, the project supplies more parking than is required, cannot deny project based on water since no moratorium is in place, concerned regarding child safety, architecture should be redesigned, but cannot overlook tax generated for the City. Steve Pulgisi, applicant, responded to Commission concerns regarding building architecture. Commissioners discussed appropriate methods of review for the architecture. Action: Commissioner George moved to continue the public hearing to a date uncertain to allow the applicant to make appropriate architectural modifications to be reviewed by the Historical Resources Committee and Architectural Review Committee prior to returning to the Planning Commission and for information regarding traffic solutions and timelines to be clarified. Commissioner Keen seconded and the motion passed on the following roll call vote: AYES: George, Keen, Mack NOES: Martin ABSENT: Fowler-Payne 10. NOTICE OF ADMINISTRATIVE DECISIONS SINCE NOVEMBER 17, 2015 This is a notice of administrative decision for Minor Use Permits, including any approvals, denials or referrals by the Community Development Director. An administrative decision must be appealed or called up for review by the Planning Commission by a majority vote. Case No. Applicant Address Description Action Planner TUP 15-021 Hopper Family Christmas Tree Lot 1587 El Camino Real Christmas tree lot Dec 1 – 25, 2015, 9am to 9pm daily A S. Anderson ARCH 15-007 Guy Torelli 515 Le Point Street Remodel of existing SF residence into Craftsman style A M. Downing 11. COMMISSION COMMUNICATIONS None. 12. STAFF COMMUNICATIONS Community Development Director McClish informed the Planning Commission that the East Branch Streetscape project has officially begun. PLANNING COMMISSION PAGE 6 MINUTES DECEMBER 1, 2015 13. ADJOURNMENT On motion by Commissioner George, seconded by Commissioner Keen and unanimously carried, the meeting adjourned 9:40 p.m. ATTEST: DEBBIE WEICHINGER LAN GEORGE, CHAIR SECRETARY TO THE PLANNING COMMISSION (Approved______________)