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PC Minutes 2000-09-051 1 ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 1 CALL TO ORDER Chair Greene called the regular meeting of the Planning Commission of the City of Arroyo Grande to order at 7:00 p.m. ROLL CALL X Commissioner Costello X Commissioner Keen X Commissioner London X Vice -Chair Parker X Chair Greene APPROVAL OF MINUTES The minutes of May 16, May 30, July 18, and August 1, 2000 were approved as amended. ITEM I. I.A. ORAL COMMUNICATIONS None 1.B. WRITTEN COMMUNICATIONS None ITEM II. PUBLIC HEARING ITEMS II.A. TENTATIVE PARCEL MAP 2306 AMENDMENT 00 -003; LOCATION - WEST SIDE OF SOUTH ALPINE STREET BETWEEN CERRO VISTA LANE AND CERRO VISTA CIRCLE; APPLICANT - JERREN JORGENSEN Kelly Heffernon, Associate Planner, presented the staff report and stated that in January of 1999, the Planning Commission approved Tentative Parcel Map 2306 to subdivide a 38,000 square foot lot into four residential parcels. This property was the remainder parcel of Tract 1401, which in 1990 subdivided a 4.86 -acre parcel into 3 commercial Tots and one residential lot. Because the tract property was located near a known archaeological site, a surface survey was conducted as part of the environmental review process. The survey revealed the presence of historic deposits on the residential portion of the tract, and the archaeologist for the project recommended that certain mitigation measures be implemented to protect these resources. All of these measures were included in the conditions of approval for Tentative Parcel Map 2306. Ms. Heffernon explained to the Planning Commission that the purpose of tonight's public hearing was to consider revising Condition of Approval No. 19. As currently written, this condition requires a Chumash consultant to monitor all grading activities. The applicant was requesting that this condition be modified to require an archaeologist to perform the monitoring. Although the applicant had made efforts this past year to retain a- qualified Chumash representative, he had been unsuccessful, and therefore unable to move forward with the project. ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 2 Ms. Heffernon stated that in staff's opinion, Condition #19 was overly detailed, outdated, and that the intent could be retained by modifying the language to allow a qualified archaeologist to monitor grading activities. Ms. Heffernon informed the Commission that the recommended revised language was shown in the resolution as Exhibit "B ". Ms. Heffernon further stated that since this condition was intended to mitigate environmental impacts, any revision to it must comply with CEQA. The Guidelines specifically state that only mitigation measures that are "feasible" should be included in an environmental document. Feasible mitigation measures are defined, in part, as those that can be accomplished in a successful manner within a reasonable period of time. Staff believes that as currently written, Condition #19 does not comply with CEQA because it cannot be accomplished within a reasonable period of time. Procedurally, CEQA allows a lead agency to substitute mitigation measures as long as a public hearing is held on the matter, and that a finding is made stating that the new mitigation measure is at least as effective as the original one in mitigating environmental impacts, and do not themselves cause any potentially significant environmental effects. The resolution includes this finding. Ms. Heffernon stated that the applicant had made a good faith effort to retain a local Chumash representative for the past year, but had been unsuccessful. Staff believed that as currently written, Condition #19 was outdated, overly restrictive, and therefore should no longer be considered a feasible mitigation measure. Staff therefore recommended that the Planning Commission adopt Resolution No. 00 -1757, thereby amending Condition of Approval No. 19 for Tentative Parcel Map 2306 as shown in the attached Exhibit "B ". Commissioner Costello asked what the elders of the Northern Chumash had to say about this issue? Ms. Heffernon stated that she had not been in contact with an individual from the Northern Chumash Council. Chair Greene opened the Public Hearing. Jarren Jorgensen, applicant, stated that he would like to reserve his chance to speak until after other members of the public had spoken. He could then answer any questions that others might have and also rebut any statements that may be made. He did say that this has been a very long delay for him and that he appreciates the constructive steps that staff has proposed. Mr. Jorgensen informed the Commission that he would have to submit new fees in January if this project has not been completed. He has had a very difficult time getting things coordinated with the Northern Chumash Council. He stated that this has become an economic hardship. Rhonda Vigil, wife of Chief Mark Vigil of the San Luis Obispo County Chumash Council, stated that they had had no notification of tonight's meeting except for a phone call from a friend to let them know what was going on. 1 1 1 1 ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 3 Ms. Vigil stated that she and her husband had met with Dr. Jorgensen about a month ago. Her husband had discussed the project with him and what could be done. She said that they had not heard any more from Dr. Jorgensen. Ms. Vigil said that Native Americans prefer that there is no construction at this site. However, since the City is allowing Dr. Jorgensen to build on this land, they have no choice but to monitor the project. They have not told Dr. Jorgensen that they are not available. She stated that she did not know where Dr. Jorgensen was getting that idea. Commissioner Costello stated that the original mitigation measure calls for the consultant to be contracted on behalf of the Northern Chumash Council. He asked if the Northern Chumash Council was something that Chief Vigil was associated with? Ms. Vigil stated that her husband was not associated with them. Vice -Chair Parker stated that she had talked to Tarren Collins who is the attorney representing the Chumash Council. She said that Ms. Collins had suggested that the Northern Chumash Council is not together as a group at this time and that perhaps they would not be the people to contact in this particular situation. Ms. Parker asked if this was correct? Ms. Vigil stated that she did not communicate with the Northern Chumash Council. Ms. Parker asked if Chief Vigil and Ms. Vigil had had a chance to see the changes to the Condition that was being amended? Ms. Vigil stated that she had not seen the changes. Ms. Parker asked if the Chumash Council had someone that could work with the archeologist on Mr. Jorgensen's project? Ms. Vigil stated that her husband has over twenty years of experience and could do this. Vice -Chair Parker asked Ms. Vigil what the Chumash Council's desire would be for this site? Ms. Vigil stated that the Chumash always feel that any sites like this should be left alone and left as open space. Commissioner London asked if Ms. Vigil had any recommendation for a Chumash representative? Ms. Vigil stated that she would recommend someone from the San Luis Obispo Chumash Council. There are other groups, such as the Northern Chumash Council that could also do this. Commissioner London asked Ms. Vigil if she was prepared to give Dr. Jorgensen a list of possible Chumash consultants? Ms. Vigil stated that they were prepared to give Mr. Jorgensen a list. Chet Williams, 649 Cerro Vista Circle spoke to the Commission regarding the project. ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 4 Chief Mark Vigil, San Luis Obispo County Chumash, stated that he was the first one to work with the archeologists on this site eight years ago. He informed the Planning Commission that at the east end of the site they found human remains. He did not feel this was only an archeological site but also a burial site. He stated that he had spoken to Dr. Jorgensen about this site and the need for a Chumash consultant. Mr. Vigil stated that he did not know what the goal was for this meeting and that he had not been notified. He stated that the Chumash did not want to see any more disturbances to this desecrated cemetery. Too much has already been destroyed. He feels that the property should be left alone. Mr. Vigil told the Planning Commission that Mr. Jorgensen had offered to sell the property to him but why should he buy something that he already owned. He stated that the property does not belong to anyone and that people are only the caretakers of the land. Further, Mr. Vigil stated that Dr. Lotah is not from this area but from the Santa Barbara Chumash. There are different territories and the San Luis Obispo Chumash should be responsible for reviewing this area. Vice -Chair Parker asked if it had been established that this was a burial site and did Dr. Jorgensen know this? Mr. Vigil stated that Dr. Jorgensen knew this and has had several archeologists do testing on this site. Commissioner Costello stated that the questions he had were more legal in nature and he would direct them to staff and if they did not have the answers maybe this would have to be explored further. Chair Greene stated that he wanted to summarize for Mr. Vigil the decision that was before the Planning Commission. He asked Mr. Vigil if he had read the staff report for tonight's meeting? Mr. Vigil stated that he had not read it and that he was not even notified about the meeting. Mr. Greene explained that 2 years ago the City and the Planning Commission gave Dr. Jorgensen permission to subdivide this site into four (4) units. Mr. Greene stated that this hearing was not to debate the "wisdom" of that decision. Further, when the City granted permission for this project, Condition No. 19 was added to the Conditions of Approval. The reason for tonight's hearing was that Dr. Jorgensen was asking to modify this condition to delete references to a "qualified Chumash consultant ". The condition would be modified to state that an "archeologist approved by the City shall be present during all earth moving activities on the site and shall make efforts to include a representative from the local Chumash Council during excavation activities." Chair Greene asked if there was a difference between the Northern Chumash Council and the Council which Mr. Vigil represented? Mr. Vigil stated that the councils were two different agencies or bodies. 1 1 1 ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 5 Mr. Greene asked if Mr. Vigil was stating that the Council, which he represented, would be the more appropriate Chumash Council to deal with this site, rather than the Northern Chumash Council? Mr. Vigil stated that he was with the Northern Chumash Council when it was alive about 15 to 20 years ago. This Council had been dissolved because the people who were a part of it had disbursed. There were a few individuals that still believe there was a Northern Chumash Council but he has started the Obispo Chumash Council and they are the lead agency for the area at this point. Chair Greene asked if there was a qualified representative available from the Obispo Chumash Council that could be present during the excavation activities and provide advice, input and recommendation to a qualified archeologist approved by the City to monitor the earth moving activities? Mr. Vigil replied that there was someone who could do this. Mr. Greene then asked if there was someone who would be available within a reasonable time period to enable the work that is being contemplated to go forward? And if so, what kind of a time frame would that be? Mr. Vigil stated that there was someone available and this would probably be within thirty to sixty days. In summary, Mr. Greene asked if Mr. Vigil was stating that the appropriate representative for the Chumash should come from the Obispo Council and that a qualified representative could be made available to assist the City's approved archeologist within thirty to sixty days? Mr. Vigil stated that this was correct. Mr. Vigil then asked if Dr. Jorgensen had ever informed the Planning Commission that this was a burial area? Commissioner Keen stated that there had been a Chumash representative at the public hearing for this project and testified at the meeting. Mr. Vigil asked if he could obtain a copy of the minutes from the meeting at which the project was approved? Mr. Greene informed Mr. Vigil that he could contact City staff and they would provide him with a copy of the minutes. Vice -Chair Parker stated that it appeared to her that the original Condition Number 19 was very concise and not accurate anymore. Mr. Vigil stated that he felt this was correct. The Condition calls for one (1) qualified Chumash consultant. Mr. Vigil stated that because this was a large project he felt there should be four (4) Chumash consultants. He felt that this project should be reviewed. ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 6 Nan Fowler, 630 Cerro Vista Circle spoke to the Commission and gave a brief history of her understanding of the project and the area. Mr. Vigil stated that it was recorded that there were burial grounds on this site. Dr. Jorgensen stated that he was sensitive to Mr. Vigil's concerns and the reason that Condition Number 19 was added was because he asked the then Chumash representative what he would like to have in the Conditions of Approval, and this is what he requested. Dr. Jorgensen stated that he had met with the Chairman of the American Heritage Council in Sacramento. He had received a pamphlet, which very specifically spelled out what the protocol was when finding any artifacts or bones on a site. Dr. Jorgensen stated that this site had been designated by three (3) different studies as a midden. There was no mention of any burial sites on the property in question in any of the three different studies. Dr. Jorgensen stated that he had contacted both Mr. and Mrs. Vigil on several occasions and had met with them once for a short meeting on the site. City staff was present at this meeting, as well as the archeologist and the contractor for the project. This was in mid -July and Mr. Vigil told him at that time that it would be two (2) weeks +/- before he would be available to monitor the work. Commissioner Costello stated that Conditional of Approval No. 18 spelled out what was to be done in the case of any discovery of bones or artifacts. He asked if there would be some sort of supervision going on at this site and if any further human remains are discovered, would a representative from the Sheriff /Coroner's office be contacted, as well as the local Chumash? Dr. Jorgensen stated that this was correct. He said that he was not asking for any special favors and he would abide by all the regulations. Commissioner London and Ms. Heffernon discussed the original Tract Map and subsequent Parcel Map. Chair Greene stated that the proposal presented by staff suggests that the Native American representative be from the Northern Chumash Council. Chair Greene further stated that Mr. Vigil felt a representative should be used from the Obispo Chumash Council. What did Dr. Jorgensen think of that? Dr. Jorgensen discussed the different lists of consultants he was given by the American Heritage Council. Chair Greene stated that a qualified archeologist might not see something that was culturally sensitive material that was significant, but that a Chumash representative might see such a thing. He asked Dr. Jorgensen, if the Condition was modified to require that the representative be from Mr. Vigil's Obispo Council, would this be acceptable? 1 1 ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 7 Dr. Jorgensen stated that the problem has been that Mr. Vigil has been too busy to make himself available. Chair Greene stated that Mr. Vigil had said that he could have someone available for Dr. Jorgensen's project within 30 to 60 days. Dr. Jorgensen stated that Mr. Vigil had told him this in July but there has been no one available since then. Chair Greene asked Dr. Jorgensen if there was a representative from the Northern Chumash Council that would be available in a timely fashion? Dr. Jorgensen stated that there is a list of Native American observers that are available through Sacramento. Dr. Jorgensen then discussed CEQA and his understanding of the requirements of the law. Mr. and Mrs. Vigil both spoke to the Planning Commission in rebuttal to comments made by Dr. Jorgensen. Chair Greene closed the Public Hearing. Commissioner London suggested that the Planning Commission reword the Condition to state that a time limit be put on the Condition. The condition would state that a qualified Chumash representative would work with the archeologist within a certain time frame and if a representative was unavailable, the applicant could proceed without that representative. Commissioner Keen stated that he felt that the way the original condition was written was outdated and that it didn't give the needed direction. He felt that an effort should be made to have a local representative from the Chumash present on site within a timely manner. Commissioner Costello stated that it seems that there are several different issues. There is the interpretation of the language, interpretation of the desire for the property, application of the condition, and wrapped around all of this are some legal issues that he believes could override all of this anyway. Mr. Costello stated that the Planning Commission needed to provide some reasonable accommodation where the applicant is going to be able to go forward and examine the property reasonably and determine whether or not there is an issue. On the other hand, Chief Vigil has stated that there is proof that this is a burial ground and it seems that he has enough reason to come forward with an archeologist at this time and discuss this issue. Commissioner Costello stated that he agreed in principal that there should be language that would provide an opportunity for the project to go forward in a reasonable period of time. ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 8 Vice -Chair Parker stated that she agreed with the other Commissioners and staff that the language in the original Condition was outdated and too restrictive. She stated that she also believed that the proposed Condition was too broad. Especially with the sentence that says, "shall make an effort to include a representative from the Chumash Council" which she feels could easily, and legally, be dismissed. Ms. Parker said that she believed the Commission needed to be very careful with this issue. If in fact this is a burial site, she believes that the Commission has the moral responsibility to allow . the Chumash representative to oversee the excavation activities. Further, Ms. Parker said that she had discussed this with the attorney who represents the Chumash Council, Terran Collins. Ms. Collins had said that any disruption of surrounding land would have to be documented by someone with specific knowledge as to whether avoidance of the burial would be adequate mitigation or whether a conservation easement would need to be placed over the site. Ms. Parker stated that this gets back to the issue that, if more was discovered, what would need to be done with this site. She believes this needs to be discussed with a representative of the Chumash Council. She does not believe that it would be the Planning Commission's job, as non - Chumash people, to change the language to read otherwise. Vice -Chair Parker stated that to have one qualified Chumash consultant is confining and she believes this should be widened. She believes that a specifically designated Chumash representative should be on site, or an archeologist designated by the Chumash Council. Ms. Parker stated that, as everyone knows, archeologists do not take an examination to say that they are knowledgeable in cultural aspects of the Native American nation. It is very important to make sure that the archeologist that is chosen be aware of the cultural desires of the Chumash Council. If Dr. Jorgensen feels that he does not want to work with a particular person she feels that he has that right. However, she also believes that the Council should designate a representative in a timely manner that they would do an appropriate job. Finally, she stated that she does not want to make this condition so broad that the entire point of the original condition is lost. This could bring up a possible violation of CEQA and open this issue up to possible litigation. If the problem is that this is not being done in a timely manner, then the Planning Commission needs to address that issue. However, she does feel that the Chumash Council should not be taken out of the "loop ". Chair Greene stated the following: • He agrees with the other members of the Commission that as currently written, Condition No. 19 is too restrictive. ■ It is unfair to bind the property owner to comply with a condition that is beyond his ability to satisfy. ■ How can this be changed in such a way to make it meaningful to all interested parties? • Dr. Jorgensen has a right to develop the property consistent with the laws of the State of California and nothing the Commission does should impair his right to develop the property. • This property has historical significance and it is important that the development be done in a sensitive manner, which is consistent with existing laws and the sensitivity of those whose ancestors occupied this property. ■ It is important that whatever the Commission does is faithful to both perspectives. ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 9 • He agrees with Commissioner London and Commissioner Keen that the property owner need only make reasonable efforts to bring a consultant in and if those reasonable efforts fail, to no fault of the property owner, he should not be held hostage in his efforts to develop the property. • He also feels that if a reasonable effort is made and an individual can be identified that can serve as a representative from a proper Chumash organization, then this should be done. • One of the things that concerns him is that the language provided by staff in the Conditions of Approval that refers to the Northern Chumash Council. If what Mr. Vigil says is true, this agency does not exist anymore. Using this name may be building language into the condition that will result in failure for Dr. Jorgensen. • He shares Vice -Chair Parker's concern that asking someone to include a representative is a nullity because there is no way to enforce the degree to which the person makes the effort. • He believes there should be a "sunset" clause so that, if good faith efforts are made and the times passes, the applicant should be allowed to go forward with the project and whatever laws that govern his ability to develop the property should apply. Commissioner Costello stated that he would like to change the language to read that "a qualified archeologist, approved by the City, will be present to monitor all earth moving activities on the site and shall include a representative from the SLO Chumash Council, to be provided within sixty days. Failure to provide such representative shall waive this requirement during the excavation activities. The archeologist and /or Chumash representative shall maintain records of all pertinent observations and evaluations." Commissioner London suggested that the language "the SLO Chumash Council shall be given the opportunity to designate a qualified consultant to be available to work with a designated archeologist within thirty days ", be included. Chair Green called a ten minute recess of the Planning Commission at 9:10 p.m. Chair Greene reconvened the meeting at 9:20 p.m. After further discussion the following wording was proposed to amend Condition of Approval No. 19: A qualified archeologist, approved by the City, and a qualified local Chumash representative shall be present to monitor all earthmoving activities on the site. If a qualified Chumash representative cannot be made available within sixty days of this date the project may move forward under the supervision of the qualified archeologist alone. The archeologist and /or Chumash representative shall maintain records of all pertinent observations and evaluations. Commissioner Keen moved that the Planning Commission adopt: RESOLUTION NO. 00 -1757 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 10 AMENDMENT CASE NO. 00 -003, LOCATED ON THE WEST SIDE OF SOUTH ALPINE STREET BETWEEN CERRO VISTA LANE AND CERRO VISTA CIRCLE, APPLIED FOR BY JERREN JORGENSEN with attachment B as amended. Commissioner London seconded the motion. The motion was approved by the following roll call vote: ROLL CALL VOTE YES Commissioner Costello YES Commissioner Keen YES Commissioner London YES Vice -Chair Parker YES Chair Greene II. B. CONDITIONAL USE PERMIT 00 -010; LOCATION - 283 JAMES WAY; APPLICANT - JERRY M. FOGLEMAN; Teresa McClish, Assistant Planner presented the staff report stating that the property is currently developed with 2,634 square foot single - family residence. A building permit has been issued for a 684 square foot addition, without a kitchen, which is currently under construction. The applicant has filed for a Conditional Use Permit to convert the addition into an attached second residential unit with a carport. Ms. McClish reported that the SAC had reviewed the project on June 20` and discussed issues of parking alternatives and setbacks. The SAC proposed that the applicant construct a carport to meet the covered parking requirement of the Development Code instead of using a parking space, adjacent to the primary residence, in the existing three -car garage. Ms. McClish stated that the proposed second unit meets all development standards and property development standards required by Section 9- 11.140 of the Development Code. The SAC has determined that the proposed second unit would not have a significant effect on the adequacy of water, sewer, drainage, and emergency services or traffic flow. The proposed second residential unit has a gross floor area of 632.5 square feet measured to the inside face of the exterior walls, which is less than the maximum size of 640 square feet specified in the Development Code. The ARC evaluated the proposed 2n dwelling unit and carport and determined that both are consistent with the architectural style of the primary residence. Ms. McClish stated that Condition of Approval No. 7 requires a deed restriction be recorded requiring that the property owner reside in one or the other units in order to rent the other. One phone call and one letter have been received by the Community Development opposing the proposed project. An additional caller voiced no opposition to the project. Ms. McClish stated that staff finds that the project is categorically exempt per Section 15303 of the CEQA Guidelines. 1 1 ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 11 Commissioner Keen asked Ms. McClish to explain, if the addition being built at this time was 684 square feet, how, when a kitchen is added, does the second residence end up being only 632 square feet? The building plans are for a 684 square foot addition, however, when the gross floor area measurements are used the second residential unit with a kitchen would be 632 square feet. The Development Code uses the gross floor area to determine the size of the second residential unit. Commissioner London asked if this was not a second residential unit, would it require a carport? Ms. McClish stated that if this were a residential addition, without a kitchen, this would not require a carport. The carport was added once the Conditional Use Permit was submitted for the second residential unit. One covered parking space is required for a second residential unit. The original proposal was for this parking space to be in the existing 3 -car garage. However, the existing parking space that was partitioned off for this purpose was adjacent to the primary residence. Ms. McClish explained that the staff required the parking to be adjacent to the second unit. Commissioner Costello asked Ms. McClish to clarify the Rural Residential zoning. Mr. Costello stated that Rural Residential was defined as low density, large lot residential, with one dwelling unit per gross acre. Mr. Costello stated that this lot was only one -half acre. How did this happen? Ms. McClish stated that this lot was created in the early 1980's and it is this is a legal, non- conforming lot. Mr. Costello stated that, the City has ended up with a legal non - conforming lot and now the City was going to add a second dwelling unit, further breaking the density by violating one dwelling unit per gross acre to two dwelling units per one -half acre. Mr. Costello further stated that it was his understanding, if the project went forward as it was originally intended it would not classify as a second residential unit. Ms. McClish clarified what standards City staff looked at for a second residential unit. Staff looks at parcel size, not density, because of what is written in the applicable section of state law. Commissioner Costello asked, when it comes to adding additional units to lots, no matter what the City's General Plan says, is the General Plan ignored? Mr. McCants explained that there was specific language in the Development Code that permits second residential units in any residential district except the Rural Estate district. Vice -Chair Parker asked if, this project was on "Parcel B ", was there a "Parcel A" somewhere? ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 12 Ms. McClish stated that the adjacent lot was a flag lot and perhaps that was originally "Parcel A" however, the Conditional Use Permit was for one parcel. Vice -Chair Parker asked if, when the old zoning conditions are used when modifications are made to an existing structure, are the modifications also governed by the old zoning specifications? Ms. McClish stated that, certain development standards that indicate setbacks, lot coverage, etc. in the Development Code, are noted by asterisks throughout the table that indicate where you may revert to the older setbacks. Chair Greene opened the Public Hearing. Jerry Fogleman, 283 James Way, applicant stated that he was available to answer any questions from the Commission. Commissioner Keen asked if the applicant was going to use this as a rental? Mr. Fogleman stated that he was not going to use this as a rental, rather he was going to move his mother out from Indiana and she was going to live in the second unit. The following members of the public spoke to the Planning Commission. Doug Jones, 235 Tally Ho Road Edith Sylvester, 197 Chair Greene closed the Public Hearing. Commissioner Keen stated that he hopes that someday this ordinance will be reworded so that it will do longer be possible to revert to the previous Development Code for front yard setbacks. He does not believe that the primary residence should be able to extend farther forward on the lot that the homes in the surrounding neighborhood. Further, Mr. Keen stated that since Mr. Fogleman was not going to rent this, using it instead for a family member, he did not have a problem with the project. Commissioner London stated that he agreed with Commissioner Keen that a second residential unit in this type of a neighborhood should not be used as a rental. For this reason he would not vote to approve the addition of a kitchen to this unit, but rather keep this as just an addition to the house. Commissioner Costello asked staff when the square footage of a building is measured, is there anything that defines whether it should be measured from the interior walls or exterior walls? And technically speaking, using the interior measurement is applicable? Ms. McClish stated that when the measurement refers to gross floor area, then it is measured to the interior of the exterior walls and this is applicable to this project. 1 1 1 1 ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 13 Commissioner Costello stated that he "echoes" the sentiments of the other Commissioners in that he does not like to see rental property developed in this kind of an area. Although Mr. Fogleman does not intend it to be a rental, he may one day move and it could become one. As far as Mr. Costello can see, technically speaking, the provisions of the Development Code are met, so while he does not like the project, he does not oppose it. Chair Greene observed that anyone could rent this unit as long as the owner lived in the main unit or vice versa. The owner could rent this out and in lieu of having a family member live in the second residence and he /she would be in conformity with the existing law. Vice -Chair Parker moved that the Planning Commission adopt ROLL CALL VOTE YES Commissioner Costello YES Commissioner Keen NO Commissioner London YES Vice -Chair Parker YES Chair Greene RESOLUTION NO. 00 -1759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 00 -010, LOCATED AT 283 JAMES WAY, APPLIED FOR BY JERRY FOGLEMAN with attachment A. Commissioner Costello seconded the motion. The motion was approved by the following roll call vote: II. C. PLANNED SIGN PROGRAM 00 -003; LOCATION - 414 TRAFFIC WAY; APPLICANT - DAVE CONNER Teresa McClish, Assistant Planner, stated that the owner of Sonny's Automotive and Marine was applying for a Planned Sign Program permit to place four (4) wall signs and one (1) projecting sign on the building at 414 Traffic Way . The site is located in the Highway Commercial district in an area of service oriented businesses including other automotive repair facilities, a used car lot and 2 car dealerships. The existing eighty -four square foot painted wall sign from the previous automotive shop will be removed. According to section 9 -13 of the Development Code, automotive businesses are required to have a Planned Sign Program. The purpose of a Planned Sign Program is to integrate signs with building design, and ensure the magnitude of the proposed signs is consistent with existing buildings and the character of the area. Ms. McClish stated that the 4 proposed 4' X 8' wall signs will be located six (6) feet apart, two on the traffic way frontage wall, and two on the north side of the building facing the parking lot. The ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 14 4' X 8' projecting sign is proposed on the traffic way frontage. The total signage is 160 square feet. The proposed signage meets Development Code requirements. The site is located within the Traffic Way Design Overlay District (D-2.11). Ms. McClish explained that the Design Guidelines for the Overlay District are currently the Village Design Guidelines. The proposed wall signs are wood, and would be painted red, yellow and blue in color. The additional off -white color is intended to match the existing building. The proposed projecting sign is from the applicant's previous business location at Halcyon and Grand Avenue. Plastic signs are allowable subject to Architectural Committee review. Ms. McClish stated that the ARC had reviewed the project on June 5 and recommended approval of the five signs with a modification to include lathe frames with matching colors for the wall signs and a border for the projecting sign colored the same. The applicant has modified his sign proposal to include frames for the signs as recommended by the ARC and will include a border on the projecting sign, which is not shown on the sign plan. The Architectural Review Committee and staff recommend that the Planning Commission adopt Resolution No. 00 -1760 approving Planned Sign Program 00 -003. Vice -Chair Parker asked if the applicant was aware that the signs shown in the pictures that were leaning up against the buildings were not allowed? Ms. McClish stated that he had been sent a notice to remove the signs. Chair Greene asked that the date in Condition of Approve No. 4 be changed to reflect today's date. Chair Greene opened the Public Hearing. David Conner, owner of Sonny's automotive, stated that he was available to answer any questions the Commission might have. Chair Greene closed the Public Hearing. Vice -Chair Parker stated that, although she did not have any problem with three (3) of the signs, she does not believe that the sign regulation purpose and intention is for advertisement. The fourth sign that has been proposed is advertising the "value lube job" and she does not feel this is appropriate to place this sign on the outside of a building in an area that the City is trying to improve. Commissioner Keen moved that the Planning Commission adopt: RESOLUTION NO. 00 -1760 1 1 ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO. 00 -003, APPLIED FOR BY SONNY'S AUTOMOTIVE, LOCATED AT 414 TRAFFIC WAY including Exhibit A as amended. Commissioner London seconded the motion. The motion was approved by the following roll call vote: ROLL CALL VOTE YES Commissioner Costello YES Commissioner Keen YES Commissioner London NO Vice -Chair Parker YES Chair Greene III. NON - PUBLIC HEARING ITEMS None ITEM. IV. DISCUSSION ITEMS None ITEM. V. PLANNING COMMISSION ITEMS AND COMMENT Vice -Chair Parker brought up the issue of the lack of sidewalks on East Branch Street, past Paulding School to Huasna Road. She stated that children living in the area from the corner of East Branch and Huasna Road to the city limits of Arroyo Grande have no way of walking or riding their bikes safely to either Paulding Middle School or the High School. Commissioner Costello stated he might not be able to attend the Planning Commission meeting on September 19, 2000. He also asked if there was ever a legal ruling on the impacts of the lawsuit regarding the water in Santa Maria from our attorney? Mr. McCants stated that the lawsuit is still being litigated there is no information at this point. Commissioner Costello asked Mr. McCants if he could give an update at the next Planning Commission meeting on the progress of the clean up on Tract 1998. Commissioner Keen also commented that he hoped that the Second Residential Unit ordinance that was coming up for review would provide some restrictions on these units. Commissioner London asked what was going on with the EIR for the Arroyo Linda project? Mr. McCants stated that, at Cal Trans request, the traffic consultant did some additional traffic work. Based on that information, Cal Trans has now said that, from their standpoint, there are two (2) additional significant traffic impacts. This means that they will have to identify additional mitigation measures to deal with these impacts. If the impacts cannot be mitigated, and they ARROYO GRANDE PLANNING COMMISSION MINUTES SEPTEMBER 5, 2000 PAGE 16 remain as significant impacts, that section of the environmental document will have to be recirculated. The two areas are: the left onramp merge of Traffic Way onto Highway 101; and queuing problem where Traffic Way goes onto Branch Street. ITEM. VI. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP REPORTS None ITEM. VII. ADJOURNMENT On motion of Commissioner Keen, seconded by Commissioner Costello the meeting was ad urned at 10:45 p.m. to the next scheduled meeting on September 19, 2000. Kathleen Fryer, Commission AS TO CO TE _ Kerry 1■*a • s Commun t Development Director Laurence Greene, Chair 1 1 1