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PC Minutes 2003-04-151 1 1 MINUTES CITY OF ARROYO GRANDE PLANNING COMMISSION APRIL 15, 2003 CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Guthrie presiding. Also present were Commissioners Arnold, Brown, Fowler, and Keen. Staff members in attendance were Community Development Director Rob Strong and Associate Planner Kelly Heffernon. APPROVAL OF MINUTES — Minutes of the March 18, 2003 meeting were unanimously approved as written. ORAL COMMUNICATIONS — None WRITTEN COMMUNICATIONS - None AGENDA REVIEW — No changes in the agenda. PUBLIC HEARING ITEM II.A. — AMENDED CONDITIONAL USE PERMIT CASE NO. 03 -002; APPLICANT — INVESTEC PROPERTIES, INC; LOCATION — RANCHO PARKWAY, FIVE CITIES CENTER, BUILDING `F'. Staff report prepared and presented by Kelly Heffernon, Associate Planer. The Planning Commission considered a proposal to allow "Fitness 19 ", a health and fitness center, in an existing commercial building previously designated for retail uses. Chair Guthrie opened the Public Hearing and hearing no comment closed it. After question and comment period the Commission unanimously agreed that this was an acceptable use for the site especially given that the building had been vacant for four years and took the following action: Commissioner Brown made a motion, seconded by Commissioner Fowler to recommend City Council approve Amended Conditional Use Permit 03 -002 and adopt: On the following roll -call vote, to wit: RESOLUTION NO. 03 -1865 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 03 -002, LOCATED AT 908 RANCHO PARKWAY, APPLIED FOR BY INVESTEC PROPERTIES, INC. FOR FITNESS 19 MINUTES PLANNING COMMISSION APRIL 15, 2003 AYES: Brown, Fowler, Arnold, Keen and Chair Guthrie NOES: None ABSENT:' None The foregoing resolution was adopted this 15 day of April 2003. PAGE 2 PUBLIC HEARING ITEM II.B - DEVELOPMENT CODE AMENDMENT CASE NO. 03- 003; APPLICANT — CITY OF ARROYO GRANDE. Staff report prepared and presented by Kelly Heffernon. The Planning Commission considered an amendment to portions of Title 16 of the Municipal Code regarding secondary residential dwellings unit for the City of Arroyo Grande and made recommendations to Council for revised process and criteria for secondary dwellings. Ms. Heffernon stated that staff had incorporated the suggested changes from the Planning Commission into a draft Ordinance. She then gave a brief summary of the legal requirements, followed by a discussion on some specific issues brought up during previous Planning Commission meetings: • Implementing Minor Use Permit process for any deviations to the second residential dwelling standards. • Deed restriction regarding owner occupancy requirements. • Eliminate the word "Unit" in the Ordinance. • Minimum lot size. • Maximum second dwelling size. • Driveway access. Chair Guthrie opened the item for public comment, and hearing none, brought the item back to the Commissioner for consideration. Commission recommendations for modifications: • Building separation — include language to require separation equal to twice the side yard setback. • Tandem parking will require a Conditional Use Permit. • Item #10 regarding Deed Restriction would be referred to the City Attorney for clarification. Commissioner Keen asked for a discussion on Residential Estate (RE) zoning and why they had been precluded from second residential units. Mr. Strong suggested the following modification: • Residential Estate (RE) zoning should allow second residential dwellings meet engineering requirements for a septic system: Item #12 modify second sentence and on proposed Table 16.52.150 -A under Residential Estate change to say 1 1 1 MINUTES PLANNING COMMISSION APRIL 15, 2003 "1,200 square feet" and the Table 16.32.040 -A, under Second Residential Dwelling changed from not permitted (NP) to permitted ( "P "). Commissioner Arnold made a motion, seconded by Commissioner Brown to approve the resolution recommending City Council adopt the Ordinance amending portions of the Arroyo Grande Municipal Code, Chapter 16.52.150 regarding second residential dwellings with modifications and adopt: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND PORTIONS OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING SECOND RESIDENTIAL DWELLINGS On the following roll -call, to wit: RESOLUTION 03 -1866 AYES: Arnold, Brown, Fowler, Keen and Chair Guthrie NOES: None ABSENT: None PAGE 3 The foregoing resolution was adopted on this 15 day of April 2003 PUBLIC HEARING ITEM — VIEWSHED REVIEW CASE NO. 03 -002; APPLICANT — J. W. OHLER; LOCATION —126 ALLEN STREET Commissioner Brown stepped down due to potential conflict of interest. Mr. Strong explained that during the Viewshed Review process the Community Development Department received letters from neighbors most of which were anonymous and generally not dealing with viewshed issues, but with operational issues and neighborhood disputes and concerns that the applicant may receive special treatment because he was a member of the Architectural Review Committee (ARC). After making a site visit the only discrepancy found, that may have created some of the neighborhood concern, was the addition of a 3 -car detached garage that included a shop /home office. With minor changes this could become a second residential dwelling and Mr. Ohler is aware that this requires Conditional Use Permit under current codes, but will soon be allowed or subject to Minor Use Permit. The ARC reviewed this project and recommended approval after review. Commissioner Arnold said the neighbors appeared to have been upset with the way the construction of the garage was handled. Mr. Strong said after receiving complaints from neighbors Code Enforcement had been to visit the site and Mr. Ohler immediately complied. Most of the construction was at the rear of the lot and out of site of the street. Chair Guthrie opened the item for public comment. MINUTES PLANNING COMMISSION APRIL 15, 2003 Jamie Ohler, Applicant, described his proposal in detail and stated his dismay at the content of letters written to the City by his neighbors regarding construction on his property. Chair Guthrie closed the public hearing. Commission Comments: • The viewshed would not affect the neighborhood and appears to meet the guidelines of the Village. • They thought it was very appropriate and the windows were placed up high in consideration of the neighbors. • No one had come forward to give testimony against the project at the hearing. • Unsigned letters should be discounted. • The letters were mostly full of accusations which had nothing to do with the viewshed issue. • This proposal would be a low impact to the neighborhood. Commissioner Fowler made a motion, seconded by Commissioner Arnold to approve the Viewshed Review and adopt: On the following roll -call, to wit:. RESOLUTION NO. 03 -1867 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF VIEWSHED REVIEW CASE NO. 03 -002, LOCATED AT 126 ALLEN STREET, APPLIED FOR BY J.W. OHLER AYES: Commissioners Fowler, Arnold, Keen and Chair Guthrie NOES: None ABSTAIN: Commissioner Brown The foregoing resolution was adopted on this 15 day of April 2003. PAGE 4 PUBLIC HEARING , ITEM - PLANNED UNIT DEVELOPMENT 03 -001 AND TENTATIVE TRACT MAP 03 -003; APPLICANT — PHIL ZEIDMAN; LOCATION — 125 NELSON STREET. Staff report prepared by Ryan Foster, Assistant Planner. Mr. Strong introduced the staff report, gave an update on the project and explained that this was a proposal to construct a mixed -use project consisting of five (5) two story live /work units and one (1) single story office building. He said Village Commercial standards encourage zero lot line developments, but proposed Mixed -Use district proposes residential development standards as well as reduced parking requirements. 1 1 1 1 1 1 MINUTES PLANNING COMMISSION APRIL 15, 2003 At this time the Commission took a five- minute break. Chair Guthrie opened the hearing for public comment. PAGE 5 Phil Zeidman, applicant, gave an update and using the overhead described his redesigned project. Commissioner Brown comments: • This is a sensitive area as it is the Village. • He would like to see more detailed, computerized, color renderings, imposed on the site to show how the buildings would look in comparison with the surrounding buildings (show mass and scale of buildings). • Concern re the setbacks in front. Commissioner Arnold comments: • He would like to see a 2 -foot setback to plant some shrubs to break up the wall on the McClintock's side. Mr. Zeidman said the site configuration and parking specifications would require that the wall be at the property line, but they could put plants on the balcony wall itself. • Would employees be required to live upstairs to reduce the parking impact? • Would like to see a photograph from angle of McClintock's parking lot. • Thought the alternative proposal was much more compatible than the original design. Fred Bauer, Short Street, comments: • He was an advocate of Mixed Use, but thought this was the worst site plan and architecture of front building in memory, out of character, size and scale. The back building mass was too large, parking not adequate, no room for trash receptacle, no visible yard or storage space issue. He could not support the proposal. • A scale model would have helped to see this as it is. Ramona Teichert, 203 Bridge Street, had concerns with size, said it was much too large, there is already too much traffic on the street and this project would bring in too much traffic. Judy Nonella, 121 Nelson Street, appreciated the single story front building, but was concerned that there may be delivery trucks, the streets already have speeding traffic, and the applicant had not visited her to discuss this proposal. Gary Border, Insurance Office 120 Nelson Street, was concerned with the on street parking on Nelson Street which is becoming a problem. This live /work project would not improve the parking. If parking problem continues Nelson will become green curb area MINUTES PLANNING COMMISSION APRIL 15, 2003 PAGE 6 or timed parking. He had no problem with the design as long as the parking is sufficient for the businesses that would go in. Nancy Underwood, 142 Short Street, was concerned that the project is too dense and would have negative impact, and suggested concern with hours of operation of businesses. Mark Vasquez, 307 So. Mason Street, concerns: • Likes Mixed Use concept — it's a good use. • Project for this site overdeveloped with respect to parking. • Site layout has flaws no trash, handicap spaces by ADA code too small. • Needs private space for residents. • Parking layout does not meet City standards. • Rooflines should be more residential friendly. • Pedestrian access has been ignored. • Suggest open up to McClintock's property. Billie Swaggard, lives next door to the property, not against project, but stated it does need little extra work. • Parking needs to be enlarged. • Needs a sidewalk for pedestrians. • Too much speeding traffic on Nelson Street. • The existing house on this site is not historic. Phil Zeidman response to comments: • Building elevations were changed, but ARC requested the changes. • Parking has been worked on: no asphalt proposed: Use of special grass -crete or pervious pavers. • West side of property there is a 5 -foot walkway from front sidewalk all the way to back and a 12 x 60 foot landscape area. • McClintock's are not interested with any kind of access sidewalk or driveway. • There is a also a landscape area adjacent to parking spaces. • Tenant space could be no fewer than 3 spaces each. Chair Guthrie closed the Public Hearing period. Planning Commission responses: • This was a good plan for Mixed -Use and an appropriate place for this proposal. • Like to see pedestrian access to McClintock's. • Parking could be an issue. • There is a lack of communication — neighbors have misconceptions. • The plans are too fuzzy and not adequate. • The traffic on Nelson Street should be addressed. 1 1 1 1 MINUTES PLANNING COMMISSION APRIL 15, 2003 • Much prefer this plan to the original plan. • Not too much problem with size and scale, but would like to see model or photo. • Less parking would make the area more residential. • Hours of operation resolvable with Conditional Use Permit process. • Open space and storage space should be addressed. • Reduction of number of units from 5 to 4 may help create more space for storage and open space. • The front building should have the feel of a residence. • There should be good pedestrian access. • Applicant and residents should get together to address concerns. • Mixed -Use is a new concept and this project is a stumbling block and may have a huge parking problem. • May need to forego open space on a small project like this with Mixed -Use. • The scale and lack of connection for shared use is an issue. • Traffic needs to be addressed. • Concerns with combining the units into a single large commercial space. • Landscape area could include barbeque. • The rear building is not out of scale to McClintock's. • Essential to have pictures or model of Mixed -Use project to enable consideration. Commissioner Brown made a motion, seconded by Commissioner Arnold, to continue the proposed project to an unspecified date. The motion was approved on the following roll call vote: AYES: Commissioners Brown, Arnold, Fowler, Keen and Chair Guthrie NOES: None ABSENT: None NON - PUBLIC HEARING ITEMS - None PAGE 7 DISCUSSION ITEM — Stonecrest, A Planned Unit Development Case No. 99 -001 (Tract 2328); Applicant — S & S Homes; Location — 1190 El Camino Real. Mr. Strong discussed the approved 26 -unit PUD and a recommended unit distribution plan amendment. He informed the Commission that grading and removing of trees would be taking place and would be highly visible from Hwy 101. PLANNING COMMISSION ITEMS AND COMMENTS — The Commission asked for an update on the La Tapatia Conditional Use Permit. Mr. Strong said a special meeting had been scheduled with an interpreter before a hearing is schedule for revocation of the permit. MINUTES PLANNING COMMISSION APRIL 15, 2003 COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP — Mr. Strong informed the Commission that St. Patrick's Elementary School was proposing to install a modular building to add two classrooms. The only affected adjoining neighbor has no concerns. This proposal would be reported to Council as a consent item. The Commission said they had no concerns with this. ADJOURNMENT - There being no further business before the Commission, the meeting was adjourned at 10:30 p.m. on a motion by Commissioner Guthrie, seconded by Commissioner Brown, and unanimously carried. ATTEST: AS TO CONTENT: LYN EARDON- SMITH, COMMISSION CLERK ROB STRONG, COMMUNITY DEVELOP ENT DIRECTOR /7 JAME GUTHRIE, CHAIR PAGE 8 1 1