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PC Minutes 1994-09-20ARROYO GRANDE PLANNING COMMISSION SEPTEMBER 20, 1994 The Arroyo Grande Planning Commission met in regular session with Chairperson Keen presiding. Present are Commissioners Tappan, Soto, Carr, Deviny and Hatchett. Planning Director Doreen Liberto - Blanck and Current Planner Scott Spierling are in attendance. APPROVAL OF MINUTES On a motion by Commissioner Carr, seconded by Commissioner Soto, and unanimously carried, the minutes of September 6, 1994 were approved. ORAL COMMUNICATIONS - None 1 1'UBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 92 -495, ANNUAL REVIEW UNION OFFICE AND TRAINING CLASSROOM, 117 POOLE STREET, APPLICANT IS CARPENTER'S UNION LOCAL #1800, Current Planner Spierling gave a summary on this item to the Commissioners, pointing out reasons for the annual review, the status thus far, and apprising them of the three options for them to consider. Chairperson Keen opened the public hearing and as no one from the audience wished to speak, he closed the public hearing. After a brief discussion, on a motion by Commissioner Soto, seconded by Commissioner Carr, and unanimously carried, to accept option 1 which approved the annual review and made the next annual review a non - public hearing. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 94 -524, VARIANCE CASE NO. 94 -186, AND PLANNED SIGN PROGRAM CASE NO. 94 -114 FOR CONSTRUCTION OF A 2300 SQUARE FOOT MINI -MART AND GAS STATION WITH A 900 SQUARE FOOT OFFICE AT 525 TRAFFIC WAY, APPLICANT IS KHATCHIK II. ACHADJIAN Using the overhead projector and referring to posted blueprints of the project, Current Planner Spierling gave a thorough report of this project to the Commission. He discussed items such as parking, traffic, mini -mart design, canopy structure, landscaping, and signage. Current Planner Spierling concluded his presentation by referring to a letter from Alan Hanson, which was sent to the Planning Department, and subsequently distributed to the Commissioners. Chairperson Keen opened the public hearing, inviting the applicant to speak first. Tony Orefice of RIM Architects, representing the applicant, stated that Current Planner Spierling had done a great job presenting this item, and he had nothing to add. He did speak briefly regarding the signs. He ended by stating that the conditions were well written and his client was ready to accept then. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 2 Septeinber 20, 1994 Jim McGillis, San Luis Engineering, also representing the applicant, discussed a few items of concern. The first was regarding the traffic mitigation fees and credit provided because this site was previously a gas station. The next item Mr. McGillis discussed was the agreement to use the strip of land that will be behind the new sidewalk, pointing out that Mr. Achadjian planned to landscape this area. Mr. McGillis passed out information to the Commissioners regarding the location of the driveway and using the overhead projector pointed out reasons why the planned location was chosen. Commissioners questioned the space allowed around the pumps, lighting in back of the mini mart, rest room locations, and lighting in the back of the parking lot near residents. Khatchik Achadjian, applicant, came forward to discuss the rest rooms, giving reasons why they are outside, rather than inside the mini mart. Staff was asked to clarify this item and Current Planner Spierling stated that the Development Code indicated that the service station shall provide rest rooms that are accessible to the general public during all hours that the service station is open to the public; therefore, if the mini mart was closed certain hours and the service station was still open, the doors to the rest rooms would have to be outside. Melvin Johnson spoke, stating that he and his wife owned the property at 535 Traffic Way known as the Vagabond Mobile Home Park. He asked where the gas tanks were located and Chairperson Keen responded that they were shown to be at the back of the property, which was adjacent to the mobile home park. Current Planner Spierling pointed out that they were ten feet back from that property. Mr. Johnson questioned the amount of vehicles that would be generated . Mr. Achadjian, responded that at this time there was no way of knowing. Mr. Johnson said that in talking to the residents of the mobile home park, they were generally enthusiastic about the project and had confidence in Mr. Achadjian, but there were some concerns. One of these is that it will be open 24 hours, and there are at least four mobile spaces within 30 feet of the wall at the back of the project. Mr. Johnson stated that in the 20 years they have owned and operated the mobile home park, when the previous gas station was open 24 hours, the residents had been subjected to loud radios, squealing tires, car doors slamming and so forth. He pointed out that these noises are much louder at 2 a.m. than in the afternoon. The last concern he stated were the lights that would shine into the park. Mr. Johnson handed out a signed petition dated September 20, 1994 stating: 1. The operation should not be open 24 hours. It should be closed at a reasonable time compatible with the sleeping of the residents of the Park. 2. The ten (10) foot wide planting area around the Gas Station should be installed. 3. The height of the existing block wall should be increased to six(6) feet. 4. The main sign should be installed at the north end of the lot, encased in wood, and kept as low as possible. Arroyo Grande Planning Commission Page 3 September 20, 1994 Commissioner Carr asked Mr. Johnson about the vacant space south of the proposed site. Mr. Johnson stated except for the first 10 -15 feet it did belong to him. Commissioner Carr asked if it would be a problem if the landscaping was less than 10 feet along that side to which Mr. Johnson's response was not in agreement to lessening this 10 feet. Mr. Johnson brought up the back part of the property and its problems. Jim McGillis spoke in response describing the height of the wall and landscaping they planned to alleviate some of the potential problems of the lighting. Marlene Johnson, 535 Traffic Way, said she had talked with the residents of the mobile home park, who were in favor of the project. However, there were some concerns she wanted to present for them. One concern is that the bells on the pumps would be noisy at night. Mrs. Johnson said the people closest to the park were concerned about the lights. She also said that one man was concerned about the type of landscaping, which might be a place the homeless would stay. Mrs. Johnson stated her concerns about the type of trees that would be planted, as some are messy in dropping leaves or fruits. She continued regarding the narrowing of Traffic Way to the side street as indicated on the plans would make that turn very difficult, stating that it was difficult even now. Mrs. Johnson said that she was pleased about the wall being planned adjacent to the side property as many people used that for their dogs. She mentioned the sign and would prefer it be placed lower and in a better location on the site, but said it would help to encase it in wood like the ARCO sign. Chairperson Keen advised Mrs. Johnson that the intersection reconfiguration she spoke of was a condition of approval put on the project based on a traffic study. Current Planner Spierling responded to some of the concerns mentioned by the audience. Regarding the number of vehicles visiting the site, a nationwide survey indicated about 3,000 per day and 190 during the peak hour which is probably somewhere between 4 P.M. and 6 P.M. He responded credit for past use would be given when calculating traffic fees. Current Planner Spierling said that the City ordinance states that at the highest point the wall cannot be more than six feet high; therefore if the applicant wants to increase the height to over six feet, the applicant would have to either go through a variance or a minor exception. He indicated that the 10 foot planted strip on the south side was a Code requirement. To reduce would require a variance. Current Planner Spierling said that there was a condition of approval requiring that the pole be encased in wood and that the sign frame be painted to match the building, as was done with ARCO. Regarding the security in the back of the building, he responded that the Police Department carefully checked into this and another light has been added, although there are no cameras required. Khatchik Achadjian then addressed some of the concerns mentioned. One of these was the parking in the back to go to the mini -mart at night. Mr. Achadjian stated that his experience has been that most of the customers park at the pump and walk into the Mini Mart. He stated that he would cooperate in any way on the trees. Mr. Achadjian also stated he was not aware of the problems with the dogs and would be glad to work with the Johnsons to alleviate this problem and any other concerns they had. Mr. Achadjian ended by extending his appreciation to the Scott Spierling for all his assistance. 1 1 1 Arroyo Grande Planning Commission Page 4 September 20, 1994 Jim McGillis said that from a traffic engineering viewpoint, the new design of the intersection would be safer. He stated that if the Commission wanted to refer the no parking curb to the Traffic Commission, the applicant would support that. Chairperson Keen asked John Wallace, Acting Public Works Director, his opinion of the corner design. Mr. Wallace stated the road is being narrowed about two feet, which is unusual, but the reason is to line up with the other curbs and make the width uniform. He further stated that the bulb -out did make more of a right turn, which is a safer turn. Mr. Wallace said that they liked the new design and recommended it. Commissioner Carr asked Mr. Wallace what his opinion was on red curbing that corner and his response was to wait and see. Marlene Johnson said when people pull up to the stop sign on the corner and it was difficult to see the stop sign. Mrs. Johnson asked Current Planner Spierling if it was possible to add a trellis with plants on the top of the wall. Current Planner Spierling responded that the trellis was not workable, but that the applicant could go through a minor exception process to raise the wall to eight feet. Jim McGillis approached the Commission on a personal basis stating that he has been a member of this community for 35 years, owned a house at 238 West Branch, which is right behind the applicant's Shell station, and lived there for three years. During that time the station was open 24 hours and he was never disturbed. Commissioner Tappan asked Mr. Orifice about the hours the mini -mart was expected to be open. Mr. Orifice stated that they could not determine that at this time; it would depend upon the needs of the consumer. Commissioner Tappan inquired about the use of the second story of the mini -mart and Mr. Achadjian responded that it would be his office. Mr. Achadjian said that he would prefer not to operate 24 hours because it is the most expensive and least productive time for the business. However, when you sign a lease with a major oil company, 24 hours is required. With no further comments from the audience, Chairperson Keen closed the public hearing. Discussion was then held among the Commissioners of the items brought out during the public hearing such as the canopy, lighting, wall height, delivery times, landscaping, signage, and so forth. Planning Director Liberto - Blanck mentioned that the landscaping could be lessened by 10% if the applicant applied for a minor exception. Chairperson Keen advised Mr. Orifice to use discretion on the way the lighting in the back was positioned and recommended that the extra security light on the back building be put on the angle wall to match the one on the other angle wall to help light up the back area. Chairperson Keen asked Staff the reason for the attached canopy requirement in the code to which Planning Director Liberto - Blanck responded that it was for aesthetic reasons, so that they would not have the usual service station appearance. Chairperson Keen then pointed out that on Conditional Use Permit No. 94 -524, Item 7 under Mitigation Measures, the word "significants" should be changed to "significance ". Consensus was that overall it was a good workable project and suggested that the applicant apply for minor exceptions, on the wall height and reduction of landscaping on the South side to allow more turnaround. Arroyo Grande Planning Commission Page 5 September 20, 1994 The following action was taken: RESOLUTION NO. 94 -1481A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING VARIANCE CASE NO. 94 -186 FOR SITE DEVIATIONS TO CONSTRUCT A MINI -MART AND GAS STATION APPLIED FOR BY KHATCHIK H. ACHADJIAN AT 525 TRAFFIC WAY; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION On motion by Commissioner Soto, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Carr, Deviny, Hatchett and Chairperson Keen NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of September 1994. Commissioner Carr then inquired about the title not reflecting the words mentioned in the "Now, therefore, be it resolved" on page 2 of the resolution. Chairperson Keen asked Current Planner Spierling who responded that technically it should be included. Then the following action was taken to add verbiage to the title as shown in Case No. 94 -524 as follows: RESOLUTION NO. 94-1481A A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING VARIANCE CASE NO. 94 -186 FOR SITE DEVIATIONS TO CONSTRUCT A MINI -MART AND GAS STATION APPLIED FOR BY KI H. ACHADJIAN AT 525 TRAFFIC WAY; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION On motion by Commissioner Soto, seconded by Commissioner Hatchett, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Carr, Deviny, Hatchett and Chairperson Keen NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of September 1994. 1 1 1 Arroyo Grande Planning Commission Page 6 September 20, 1994 The following action was then taken including changing the word "significants" in Item 7 under Mitigation Measures to "significance ": RESOLUTION NO. 94 -1482 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 94- 524 AND ASSOCIATED ARCHITECTURAL REVIEW TO CONSTRUCT A MINI - MART AND GAS STATION, APPLIED FOR BY KIIATCHIK H. ACHADJIAN AT 525 TRAFFIC WAY; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION On notion by Commissioner Soto, seconded by Commissioner Tappan, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Carr, Deviny, Hatchett and Chairperson Keen NOES: None ABSENT: None Then the following action was taken: RESOLUTION NO. 94 -1483 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING VARIANCE CASE NO. 94 -186 FOR SIGN DEVIATIONS, APPLIED FOR BY KHATCHIK II. ACHADJIAN, AT 525 TRAFFIC WAY On motion by Commissioner Soto, seconded by Commissioner Carr, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Carr, Deviny, Hatchett and Chairperson Keen NOES: None ABSENT: None The following action was taken: RESOLUTION NO. 94 -1484 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO. 94- 114A, APPLIED FOR BY KIIATCHIK II. ACHADJIAN, AT 525 TRAFFIC WAY Arroyo Grande Planning Commission Page 7 September 20, 1994 On motion by Commissioner Soto, seconded by Commissioner Hatchets, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Carr, Deviny, Hatchett and Chairperson Keen NOES: None ABSENT: None Current Planner Spierling mentioned the availability of the appeal process and advised the applicant to get a calculation on the traffic mitigation and signalization fee within the 15 consecutive business day appeal period in the event they felt the fees were inappropriate. During recess, Commissioner Hatchett left the meeting. NON - PUBLIC HEARING - REQUEST FOR INTERPRETATION OF WHETHER AN AUTOMOBILE RENTAL AGENCY IS A PERMITTED USE IN THE GENERAL COMMERCIAL ZONE AT 1205 GRAND AVENUE, APPLICANT IS ENTERPRISE RENT -A -CAR Current Planner Spierling gave an overview on this item, advising the Commissioners of the two resolutions, one indicating the proposed use is permitted and the other indicating it is not permitted. Dave Molnar, Area Rental Manager for Enterprise Rent -A -Car, gave reasons he felt their business would be workable at this location. He stated that they operated different from other rental car companies in that they served the local community with replacement cars, delivering the car to their residence or business, and that their average rental is about 11 days. Mr. Molnar stated they would have only a few cars parked there at one time and felt they would not exceed and perhaps even use less spaces than the previous business. Commissioner Carr told Mr. Molnar that he felt there should be a limit on the total number of vehicles he could have on the parking lot, perhaps 20 to 30, and Mr. Molnar agreed. Commissioner Soto said he assumed Mr. Molnar had the approval of this business with other tenants of that shopping center as well as the owners of the center to which Mr. Molnar answered in the affirmative. Commissioner Soto said he felt that this particular site would be the most appropriate of any in the City because of the large number of parking spaces. Commissioner Deviny expressed concern about parking too many cars on the lot because the area was not well lit. Commissioner Soto asked Mr. Molnar how the cars were dispersed and Mr. Molnar stated that, for example, if they needed five cars for Monday, shuttle drivers would bring them down from San Luis Obispo. Commissioner Soto inquired if it was true that they did not rent inter - State, but local only to which Mr. Molnar said that was true. Glen Martin, who stated he was an Arroyo Grande resident and handles the property management for Tri -W Enterprises (the owners of the shopping center), said they have granted 5 specific parking spaces. Mr. Martin stated that they, however, have not limited them in regard to parking in other spaces on the lot. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 8 September 20, 1994 Commissioner Carr said he was concerned that if a conditional use permit is not required, then how can they stipulate certain constrains and would there be a potential problem with setting a precedent. Planning Director Liberto - Blanck said they could place conditions on the business license and that the Commission would need to make detailed findings. Current Planner Spierling responded that each business had to have a Certificate of Occupancy and conditions would be placed on that. After a discussion by the Commissioners, the following action was taken, to include the following findings: 1. There will be a limitation of 10 vehicles parked on site at any one time. 2. The . nature of this particular use supports the general service business areas of the City. RESOLUTION NO. 94 -1485 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE PROVIDING AN INTERPRETATION OF THE DEVELOPMENT CODE THAT A ENTERPRISE RENT -A -CAR IS A PERMITTED USE, AT 1205 GRAND AVENUE, IN TIIE GENERAL COMMERCIAL ZONE On motion by Commissioner Carr, seconded by Commissioner Soto, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Carr, Deviny and Chairperson Keen NOES: None ABSENT: Commissioner Hatchett the foregoing Resolution was passed and adopted this 20th day of September 1994. NON - PUBLIC HEARING - PLANNING COMMISSION RULES AND PROCEDURES, CITY OF ARROYO GRANDE Planning Director Liberto - Blanck presented this item, stating that this item was amended incorporating the suggestions made by the Planning Commission, as well as sorne minor typographical corrections. The following action was taken: RESOLUTION NO. 94 -1486 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION AMENDING RULES AND PROCEDURES Arroyo Grande Planning Commission Page 9 September 20, 1994 On motion by Commissioner Carr, seconded by Commissioner Tappan, and by the following roll call vote, to wit: AYES: Commissioner Tappan, Soto, Carr, Deviny and Chairperson Keen NOES: None ABSENT: Commissioner Hatchett the foregoing Resolution was passed and adopted this 20th day of September 1994. NON - PUBLIC HEARING - REQUEST FOR INTERPRETATION OF WHETHER SIDEWALKS ARE NECESSARY CONSIDERING THE RURAL NATURE OF THE PROJECT AT 241 CORBETT CANYON ROAD, APPLICANT IS JOHN WALLACE, ACTING PUBLIC WORKS DIRECTOR John Wallace pointed out the Staff Report he had prepared and that the resident was Mr. Ross McGowan, who was present at this meeting. Mr. Wallace gave an overview of this item, discussing the different options for the Commission to consider and two resolutions are provided with one to be voted upon. Mr. Wallace ended his presentation giving reasons why approval was recommended. During the discussion concern was raised about future determinations that might conflict with this particular recommendation and Staff responded that it would not present a problem for future decisions. When Mr. McGowan was asked about future improvement of his property, he stated that he understood if he later developed his property that curbs and gutters might be required. After a discussion by the Commissioners, the following action was taken, including the language; "Now, therefore, be it resolved that the Planning Commission of the City of Arroyo Grande hereby determines that frontage improvements at 241 Corbett Canyon Road are not required in conjunction with the current building permit according to the provisions of Development Code Section 9- 15.020 ": RESOLUTION NO. 94 -1487 A RESOLUTION OF THE PLANNING COMMISSION OF TIIE CITY OF ARROYO GRANDE PROVIDING AN INTERPRETATION OF SECTION 9- 15.020 OF THE DEVELOPMENT CODE RELATING TO 241 CORBETT CANYON ROAD On motion by Commissioner Tappan, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYES: Commissioner Tappan, Soto, Carr, Deviny and Chairperson Keen NOES: None ABSENT: Commissioner Hatchett 1 1 1 Arroyo Grande Planning Commission Page 10 September 20, 1994 the foregoing Resolution was passed and adopted this 2001 day of September 1994. PLANNING COMMISSION ITEMS AND COMMENTS Planning Director Liberto- Blanck reminded the Commission of the Planning Commission Training Workshop to be held Saturday, October 1, 1994. WRITTEN COMMUNICATIONS Chairperson Keen stated these were the Outline for the Planning Commission Training Workshop, two Resolutions that were handed out by John Wallace, and the Tentative Schedule for Upcoming Meetings. ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Tappan, seconded by Commissioner Carr, and unanimously carried, the meeting was adjourned at 10:20 P.M. to the regular meeting on October 4, 1994. ATTEST: Nancy BroVvii, Commission Clerk Joh een, Cl rperson