Loading...
PC Minutes 2008-01-151 1 1 CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Ray presiding; also present were Commissioners Barneich, Keen and Tait; Commissioner Marshall was absent. Staff members in attendance were Community Development Director, Rob Strong and Associate Planner, Ryan Foster. ANNOUNCEMENTS: None. AGENDA REVIEW: No changes. MINUTES PLANNING COMMISSION JANUARY 15, 2008 6:00 P.M. APPROVAL OF MINUTES: The minutes of December 18, 2007 were approved as written, on a motion by Chair Ray, seconded by Commissioner Barneich and on a 3/0 voice vote, Commissioner Marshall being absent. A. ORAL COMMUNICATIONS: Representatives from Transitions Mental Health Association thanked staff and the Commission for finding a place for their Safe Haven program. They invited everyone to an open house to be held at 203'/2 Bridge Street, on February 20, 2008 from 4 -6 p.m. B. WRITTEN COMMUNICATIONS AFTER AGENDA PREPARATION: None. II. PUBLIC HEARING ITEMS: A. CONDITIONAL USE PERMIT CASE NO. 07 -012; APPLICANT — QUALITY ENGINEERING; LOCATION —1320 E. GRAND AVENUE Community Development director, Rob Strong, presented the staff report for consideration of a proposal to interpret the Gateway Mixed Use District to conditionally permit a pet tag engraving business including mail order retailing, similar to Printing and Publishing which is listed in Development Code Table Section 16.36.030(A). After giving history and detailed description of the proposal Mr. Strong stated that staff recommends approval of the Conditional User Permit. After Commission questions on the staff report, Chair Ray opened the public hearing for public comment. Don Carrick, owner of Quality Engineer, gave the history of his business and stated he would like any concerned neighbors to visit his present location in Grover Beach before he moves to this new location. He believes the type of business he has will not produce any significant noise to the neighbors; his business in Santa Barbara was within 200- 300 feet of residences and he never had complaints. In reply to a question from Commission Tait, Mr. Carrick stated that his present business is in an industrial area and his prior business in Santa Barbara was within 200- 300 feet of residences and he never had complaints. PLANNING COMMISSION MINUTES JANUARY 15, 2008 Lynn Bryd, 155 Fairview Avenue (located next to this business), stated he has concerns regarding noise from the business and the garbage pick -up (he'd like a later pick -up) and after hours business that may occur; he has no problem with this business. Mr. Carrick explained where the machines would be located (quite a way from Mr. Byrd's resident); there would be no noise at night (air compressor only on during the day); one trash pick -up a week would be adequate for his business; they do keep the doors open during the day, but noise is so slight it should not bother anyone. Chair Ray closed the public comment. Commission Comments: Tait: • He would encourage the neighbors to visit the applicant's business in Grover Beach. • This appears to be an ideal use for this location. Keen: • He does have a concern that noise may carry through the driveway to the neighbor's bedroom. Mr. Strong stated that when he visited the applicant's business, even with the doors open, he could not hear any noise until he was inside; there are three residences within the mixed -use district. Barneich: • She has no problem with this business and can approve this proposal. Ray: • She also has no problem with this and would encourage the neighbors to go over and visit the present business in Grover Beach. • Maybe a later trash pick -up could be requested. Commissioner Barneich made a motion, seconded by Chair Ray to approve Conditional Use Permit Case No. 07 -012, and adopt: RESOLUTION NO. 08 -2052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 07 -012 (PLOT PLAN REVIEW CASE NO. 07 -016); LOCATED AT 1320 EAST GRAND AVENUE; APPLIED FOR BY DON CARRICK/QUALITY ENGINEERING (ENGRAVING) The motion was approved on the following roll call vote: AYES: Commissioners Barneich, Ray, Keen and Tait NOES: None ABSENT: Commissioner Marshall the foregoing Resolution was adopted this 15 day of January 2008. PAGE 2 PLANNING COMMISSION MINUTES JANUARY 15, 2008 B. APPEAL OF MINOR EXCEPTION CASE NO. 07 -012; APPELLANT — JAMES ADAIR; LOCATION — 131 EAST CHERRY AVENUE (Continued from the November 20, 2007 meeting) Associate Planner, Ryan Foster, presented the staff report for the continued consideration of an appeal of the Community Development Director's decision to deny a Minor Exception to authorize the un- permitted conversion of a two -car garage to living space in the single - family (SF) zoning district. Mr. Foster explained that staff had been unable to make two of the five required findings for approval of the Minor Exception and the applicant had appealed the decision of the Community Development Director. After explaining why the findings could not be made, the history of the property and the many complaints against it, Mr. Foster stated that staff recommends that the Planning Commission adopt the Resolution denying the Minor Exception and upholding the Director's decision. The Commission had no questions. Chair Ray opened the public hearing for public comment. PAGE 3 Grechen Miller, Shell Beach, spoke in support of the applicant, explaining why there had been so many complaints logged against Mr. Adair's property. She asked what the owner could do with the property if a Minor Exception is not granted. Mr. Strong explained the Code, stating that Neighborhood Services would pursue abatement of the converted garage and it would have to be returned to its original condition to function as a two -car garage. Ms. Miller asked if Mr. Adair could be allowed to keep the garage in its present state as he does not have the finances to pay for the conversion back to a garage and he does not intend to rent it out ever again. Mr. Strong explained the alternatives, 1) If a Minor Exception is granted by the Planning Commission it can remain as it is, but a Notice of Violation would be filed which would require a Notice of Abatement on sale of the property. (In staffs opinion, with no on- street parking, no parking within the flag lot, no parking on Cherry Avenue, the only thing that could be achieved would be the two -car parking for Mr. Adair's house.); 2) If this was not disclosed by the previous owners as an illegal conversion, Mr. Adair can go back to them. In reply to a question from Commissioner Barneich, Mr. Strong explained that if the Commission can make the appropriate findings and it's not an imposition on the neighbors, a Minor Exception could be granted with the abatement included and the property could remain as it is until sold. Ms. Miller asked if the City could grant some time so that someone could come by and look at the parking situation and allow Mr. Adair to use the converted garage as a bedroom for his family stating that it's just a large room with a bathroom, but no kitchen. There was a discussion with the Commission and Mr. Strong to clarify the present parking situation. PLANNING COMMISSION MINUTES JANUARY 15, 2008 PAGE 4 Mr. Adair, applicant, stated the history of his property and the reason there had been so many complaints during the occupancy of the converted garage; that due to ill health he would need this room for a caregiver when he has surgery; in addition he had a wife, child, and sister -in -law coming to live with him from Thailand after his intended surgery. Ruth Love, ex -wife of the applicant, stated she was moving into the applicant's house this month and that when she was living there previously and the garage was occupied with tenants there had been no problems; the garage will never be used to park cars in it as it is very difficult to get into it due to the approach to it; at present she is using the first 13 feet of it for storage; when Mr. Adair's new family arrives she intends to live in the converted garage. Commission Comments: Ray: • The more information she hears, the more she is convinced that she cannot make the two findings regarding parking. • It is unfortunate that the prior tenants drew attention to the problem. • Too many people will be living here. • She has a concern with the alternative of granting a Minor Exception with abatement on sale. Barneich: • She agrees with Chair Ray's comments (with the alternative of "abatement on sale "). • She has a concern with the fire lane being used for parking — it's unsafe and unsightly. • She is uncomfortable with the number of people proposed to be living at this property. Keen: • He agrees with the other Commissioners comments. • After listening to the Hearing he might go along with the "abatement on sale" if it could be guaranteed that the unit will never be rented out. Tait: • There would have to be something in writing regarding the "abatement on sale" if it could be guaranteed that the unit will not be rented out. • The circumstances lead him to recommend denial, particularly the parking and the complaints. • He appreciates the concern of the applicant with the down and out in the community. Chair Ray closed the public hearing for public comment. Mr. Strong advised that if abated the Commission could approve a Minor Exception; staff would record an agreement for abatement on sale of the property (or in the event of any complaints) and this would be included in a Resolution. 1 1 PLANNING COMMISSION MINUTES JANUARY 15, 2008 PAGE 5 After further discussion, the Commission stated their concerns with the illegal parking that could occur, the granting of a Minor Exception with abatement on sale, and how to guarantee that the converted garage would not be rented out. In reply to a question from Ms. Miller, Mr. Strong explained that parking at this property would not be monitored; the fire lane would be red - curbed for the entire length; "No Parking" signs posted; anyone parking would be cited and towed away. Chair Ray made a motion, seconded by Commissioner Keen, denying the appeal and upholding the Community Development Director's denial of the Minor Exception Case No. 07 -012, applied for by James Adair, located at 131 East Cherry Avenue, and adopt: RESOLUTION NO. 08 -2053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DENIAL OF MINOR EXCEPTION CASE NO. 07 -012, APPLIED FOR BY JAMES ADAIR, LOCATED AT 131 EAST CHERRY AVENUE The motion was approved on the following roll call vote: AYES: Chair Ray, Commissioner Keen, Barneich, and Tait NOES: None ABSENT: Commissioner Marshall the foregoing Resolution was adopted on this 15 day of January 2008. C. AMENDED CONDITIONAL USE PERMIT CASE NO. 07 -003; APPLICANT — ST. PATRICK'S ELEMENTARY SCHOOL; LOCATION — 900 WEST BRANCH STREET Associate Planner, Ryan Foster, presented the staff report for consideration of an application to remodel an existing building (currently used as a convent), and changing its use from residential to residential /office /educational; restriping and expansion of the parking lot to improve circulation. In conclusion, Mr. Foster stated that a Condition of Approval had been added to provide for emergency access to the auxiliary road, adjacent to the west side of the property (to the satisfaction of the Fire chief). In reply to a question from Commissioner Barneich, Mr. Foster stated that the final landscape plan is subject to approval by the Parks and Recreation Department and there is approval for the removal of the two trees /shrubs. No new landscaping is to be added at this time. In reply to questions from Commissioner Tait, Mr. Foster confirmed the removal of the trees /shrubs and that no replacement ratio is required; the additional paving would be PLANNING COMMISSION MINUTES JANUARY 15, 2008 negligible for water run off; the neighbors notified regarding the playground and no public comment had been received. In reply to a question from Commissioner Barneich, Mr. Foster stated that Condition No.9 regarding sprinklers was for Fire Department testing, but he would recheck condition numbers 8 and 9. In reply to a question from Commissioner Barneich, Mr. Foster confirmed that including the proposed future addition of parking spaces there would be in excess of 15 spaces at the school. Chair Ray opened the public hearing for public comment. Rudy Bachman, representative, stated his only concern was the condition that had been added this evening as the topography of the area would prohibit an emergency response vehicle from accessing this and it would not be practical. In reply to questions from Commissioner Tait, Mr. Bachman explained where the additional playground equipment would be added and that a portion of the second floor would be residential — there would be no kitchen facilities upstairs. Mr. Strong stated that if it is not functional to make a driveway connection on the west side of the property due to topography, the Fire Department would not insist and the Commission could recommend removal of this condition. Chair Ray closed the public hearing for public comment. PAGE 6 Commission Comments: Keen: • He has no problem with this project and believes it will be a benefit to the community. Tait: • This doe remove some trees and increase paved and non - pervious areas; although negligible he would like to have a tree replacement ratio. • This proposal is a very good addition for the community. Barneich: • She is okay with the project. • She would like the trees that are to be removed clearly marked with yellow tape; since the trees are being removed and there will be an increase in paving she would like to see trees added to the interior of the parking lot; 15 gallon trees would not cost much, although removal of the asphalt and the curb may be more expensive; she does not like parking Tots without trees; trees such as these do not need to be watered often, maybe once a week, but would provide many benefits such as shade and dirt for rainwater runoff, plus look really beautiful. (Mr. Bachman stated that to do this properly the cost would be expensive — providing water and irrigation, parking spaces would have to be given up and the 1 PLANNING COMMISSION MINUTES JANUARY 15, 2008 PAGE 7 parking lot restriped. He suggested that replacement trees be added along the northern boundary of the property instead of the parking lot.) Ray: • She is fine with removing the added condition regarding the fire access, but in lieu of removal of this condition she would like to see trees added into the parking lot (this would be far less expensive). • She agrees with Commissioner Barneich that watering the trees for a couple of years need not be expensive; she suggested a replacement ratio of 11/2 :1, for the two trees to be removed. Chair Ray made a motion, seconded by Commissioner Keen, to approve Amended Conditional Use Permit Case No. 07 -003 with the following modifications: 1. Remove the condition for the emergency access to the west of the property. 2. Add a condition for three trees to be located in the interior of the parking lot and return to ARC for approval. Discussion: Commissioner Barneich stated she did not think this would need to go back to ARC; the Commission could recommend the species. Commissioner Tait asked for clarification on the trees to be removed. Chair Ray stated that the three trees were to replace the two trees located in front of the two bush -like trees. Commissioner Barneich stated that really four trees were being removed (if the two bush -like trees were included); she would like a replacement of six individual trees in planters added to the (incredibly huge) parking lot. Chair Ray disagreed with Commissioner Barneich, stating that the school would lose too much parking; the question of being overparked is moot in this situation; there have been times at this school that parking for basketball games, with all the parents attending, has been all the way up Rodeo Drive; the school is on a very limited budget and they would not be adding parking if they did not really need it. Commissioner Barneich then suggested planting two trees in the proposed island and four in the interior parking lots so as not to lose too much parking. Chair Ray stated her desire to leave her motion as stated and let the applicant choose where to put the trees. The motion failed on the following roll call vote: AYES: Chair Ray and Commissioner Keen NOES: Commissioner Barneich and Tait ABSENT: Commissioner Marshall PLANNING COMMISSION MINUTES JANUARY 15, 2008 Commissioner Barneich restated her concerns with not have enough trees. Commissioner Tait asked the applicant if they could lose six parking spaces instead of three. Mr. Bachman replied that every parking space counts; losing three would make a difference; they need the extra spaces; trees in the parking lot could create safety issues. If the Commission is adamant about this he recommended that the trees be planted in the proposed bulbout and maybe a couple in the parking lot; or the future parking could be removed from the project if this would help facilitate a motion. Commissioner Barneich made a motion seconded by Commissioner Tait, to approve Amended Conditional Use Permit Case No. 07 -003 with the following modifications: 1. Landscaping and two trees be added to the proposed bulbout area in front of the existing two Pine trees (preferably not Pine trees) and two trees added to the rest of the interior of the parking lot — the applicant to choose the location. 2. Remove the condition for the emergency access road to the west of the property. and adopt: RESOLUTION NO. 08 -2054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 07 -002; APPLIED FOR BY ST PATRICK'S ELEMENTARY SCHOOL; LOCATED AT 900 WEST BRANCH STREET The motion was approved on the following roll call vote: AYES: NOES: ABSENT: Commissioner Barneich, Tait, Keen, and Chair Ray None Commissioner Marshall PAGE 8 the foregoing Resolution was adopted on this 15 day of January 2008. III. NON - PUBLIC HEARING ITEMS: None. IV. NOTICES OF ADMINISTRATIVE DECISIONS: SINCE DECEMBER 18, 2007: ase 1. TUP 07 -025 2. PPR 07 -010 3. PPR 07 -015 LMUSD DARC Enterprises Connie Murphy Address 227 Bridge St. 1147 E. Grand Ave. 132 W. Branch St. Description Temporary Park and Ride lot. Conversion of existing garages into office space. Establishment of a Yoga studio in the Village Center. Acton A A. A. PlanrferaAam J. Bergman J. Bergman J.Bergman Items No. 1 Commissioner Barneich had a concern with the 24 -hour parking lot and how many cars and "hours of use" would be occurring? Director Strong stated that the parking would PLANNING COMMISSION MINUTES JANUARY 15, 2008 There were no further concerns regarding the administrative items. PAGE 9 take place twice a day (at 3:00 a.m. in the night); a PG &E bus picks up the passengers after they park; it's for a two -year period. Item No. 2 Commissioner Barniech: She is aware that this would have an approved landscape plan, but asked if any trees had been considered for the area along the driveway? Director Strong explained that the front driveway allows for the access to the property; the proposed landscaping is for the front yard in the front building; he did not think that the area along the driveway would be suitable for trees. Commissioner Barneich asked that her comments be forwarded to the ARC. 8:00 p.m. Commissioner Keen recused himself at this time due to possible conflict of interest. V. DISCUSSION ITEMS: 1. Review of Conditional Use Permit Case No. 07 -004; Applicant — Mark London; Location — Ladera Plaza, 1200 E. Grand Avenue. Mr. Strong presented the staff report stating that the Commission had approved this CUP with a condition that it be subject to semi - annual review. The outdoor farmer's market, arts and craft fairs concepts were apparently not successful, but fish sales and barbeques have been conducted outdoors at the corner one or two days each week in addition to uses inside the building. There was also a condition to require submittal of a landscape plan to enhance the character of the parking lot. Staff recommended that three street trees be placed (two close to Brisco Road and one on East Grand Avenue); the two on Brisco Road will ultimately have to be eliminated due to future widening of the street; there is also an agreement to expand the landscape area adjacent to the car wash. In reply to a question from Commissioner Tait, Mr. Strong explained that for the landscaping near the car wash the asphalt would have to be broken out slightly for the planting of trees. Mr. London, the applicant, explained that the farmer's market was discontinued as it was not successful, but the fish market is fairly successful. Barneich: • When will the non - conforming sign be removed? Mr. Strong stated that being as the City is encouraging redevelopment of this area the applicant has requested and staff has generally approved of a non - banner sign with exterior lighting; the banners will be removed shortly. • She would like to see trees planted where they could remain. Mr. Strong stated one could remain permanently, but due to future Brisco Road widening the other two will eventually have to be relocated. Commissioner Tait stated that if they can remain for at least three years they will add a lot of aesthetics to the parking lot area and it would be well worth it. PLANNING COMMISSION MINUTES JANUARY 15, 2008 Chair Ray agreed with Mr. Strong that it would be best to go ahead and plant the trees now and if the site is developed in the near future the trees will be small enough to relocate them; however if they remain for a few years they will grow and we can really enjoy them. With respect to review of the conditional use permit on a semi - annual basis she would like to extend it to a year to give the applicant time to see how the business goes through the summer. The Commission had no further comments. Commissioner Keen returned to the meeting. VI. PLANNING COMMISSION ITEMS AND COMMENTS: None. VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP: Mr. Strong stated City Council had appealed the Planning Commission's approval of the Architectural Review of the proposed project on Whiteley and Ide Streets for discussion at their February 12, 2008 meeting. The issue of mansionization has become a senior project for our Planning Intern, Jimmy Paulding. VIII. ADJOURNMENT The meeting was adjourned at 8:30 p.m. on a motion by Chair Ray, seconded by Commissioner Keen. ATTEST: .4 Xi/4, LYN REARDON- SMITH, SECRETARY TO THE COMMISSION AS TO C NTENT: ROB STRON , COMMUNITY DEVEL PMENT DIRECTOR (Minutes approved at the PC meeting of February 5, 2008) CAREN RAY, CHAIR PAGE 10 1