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PC Minutes 1991-08-20Arroyo Grande Planning Commission August 20, 1991 The Arroyo Grande Planning Commission met in regular session with Chairman Gallagher presiding. Present are Commissioners Boggess, Moore, Carr and Souza. Commissioners Brandy and Soto are absent. Planning Director Doreen Liberto -Blanck and Current Planner Scott Spierling are also in attendance. PROCLAMATION HONORING PAUL J. KARP Chairman Gallagher read a proclamation from the Planning Commission honoring Public Works Director Paul Karp for his service and dedication to the City of Arroyo Grande. Chairman Gallagher personally thanked Mr. Karp on behalf of the Planning Commission for his past assistance and cooperation with the Commission. CHANGES TO PLANNING COMMISSION AGENDA Current Planner Spierling suggested a revision to the agenda to place Non - Public Hearing Item No. IV. A. ahead of Public Hearing Item No. III. A. because of the anticipated length of the public hearing item. On motion by Commissioner Souza, seconded by Commissioner Boggess, and unanimously carried, Non - Public Hearing Item No. IV. A. was placed ahead of the Public Hearing Item. REQUEST FOR TIME EXTENSION - CONDITIONAL USE PERMIT CASE NO. 88-437, 207 PILGRIM WAY (COASTAL CHRISTIAN SCHOOL.) Mr. Spierling reviewed the staff report dated August 20, 1991. He advised that the Staff Advisory Committee recommends that the Planning Commission approve a two year time extension for Conditional Use Permit Case No. 88 -437 subject to the finding listed in the staff report and the original conditions of approval. He advised that this CUP allowed the Coastal Christian School to use the facilities of the Assembly of God Church as a temporary campus. Since the Planning Commission meeting of June 18, 1991 the applicants applied for and received building permits and have been working to complete construction of the church facilities. With the exception of some very minor, non - safety related items, the applicants will probably complete construction and have fulfilled all the conditions of approval of the CUP by Today. The Building Department advised that as of August 15, 1991, the applicant was very near completion. Staff is recommending that the Planning Commission approve a two (2) year extension with one added condition of approval; "that the Fire Department final the school for occupancy prior to September 3, 1991 ". Mr. Spierling stated that if that does not happen, the Use Permit will automatically expire at that time. After discussion, on motion by Commissioner Carr, seconded by Commissioner Boggess, and unanimously carried, a two year extension for Conditional Use Permit Case No. 88 -437 was approved subject to the finding listed in the staff report dated August 20, 1991, the original conditions of approval, and the one added condition as stated above. COMMISSIONER SOUZA LEFT THE MEETING DUE TO A POSSIBLE CONFLICT OF INTEREST ON THE NEXT AGENDA ITEM AND IS NOW ABSENT. CONTINUED PUBLIC HEARING - PARCEL MAP CASE NO. 90- 490 /CONDITIONAL USE PERMIT CASE NO. 90- 479 /ARCHITECTURAL REVIEW CASE NO. 90 -457, CENTRAL COAST BOWL, 1524 GRAND AVENUE (MERILEE PECK - NEWDOLL). Planning Director Liberto -Blank reviewed the staff report dated August 20, 1991. She stated that the Planning Commission requested during the August 6, 1991 hearing that staff return with additional information regarding traffic in relationship to the above project. She briefly reviewed the information requested by the Planning Commission regarding efforts being made to mitigate potential traffic concerns, including the following: 1 311' 312. Arroyo Grande Planning Capunission,.'8.20 -91 City of Arroyo Grande TrafficVitigation Fee Program and the South County Traffic Model. She'stated that, as`explained'``atr the last Planning Commission hearing, two key issues must be separated. First, the existing traffic condition and, second, the project's impact on the roadway system. According to the City Attorney, if there is an existing traffic problem, a project cannot be denied due to an existing problem. However, as stated in the August 6, 1991 staff report, if the Planning Commission determines that the project will have a significant adverse impact on any aspect of the environment, and that impact cannot be mitigated to a level of insignificance, the project may be denied on that basis. As requested by the Planning Commission, a meeting was held on August 14, 1991 with the Traffic Engineer who prepared the EIR traffic study, the Planning Department, the Public Works Department, the City of Grover City, the applicant, the applicant's representatives, the EIR consultant and a representative from the Parking and Traffic Commission. One concern of Grover City is the impact on Courtland. The applicant's representative presented a plan which requires a raised median strip along Courtland. The EIR Traffic Engineer will be reviewing the design this evening. The applicant's representative has prepared a larger scale map of the raised median strip showing more details for Planning Commission and staff's consideration, however, the map was submitted too late for staff to route to the various departments and make a recommendation in the staff report. After discussion of the item, if the median is found acceptable, a condition of approval must be added to the project, if approved. Planning Director Liberto - Blanck advised that the second issue presented by Grover City is the cumulative impacts at the Oak Park Boulevard and Grand Avenue intersection. As explained previously, none of the money collected for the Backbone Traffic System can be utilized for improvements at this intersection. Some of the alternatives discussed during that meeting were: (1) Establish an Assessment District; (2) The Backbone Traffic System program could be expanded to include the Oak Park/Grand Avenue intersection; (3) The applicant can provide a voluntary traffic fee which will be used to make the necessary improvements at the Oak Park/Grand Avenue intersection. If the applicant agrees to a voluntary traffic fee, a condition of approval must be added to the project, if approved; and (4) The applicant can agree to make improvements at the Oak Park/Grand Avenue intersection area. The needed improvement to widen Grand Avenue for a right turn lane may require acquisition of additional property. If this is agreed upon, a condition of approval must be added to the project, if approved. Lt. Bill Andrews, Operations Commander with the Arroyo Grande Police Department, stated he has been involved with the review of this project since it was originally submitted, and he would like to update the Commission and staff on the Police Department's position on this project. He advised that the main concerns the Police Department had in addition to traffic concerns were 1) the service of alcohol in locations such as this and the problems related to that. However, they feel that with the present proposal which contains a service bar rather than a cocktail lounge, and closing the facility at midnight, most of the problems regarding alcohol would be resolved; and 2) the presence of a video arcade, however, currently there haven't been any major problems with video arcades, and they feel in this particular facility, the key element would be the way the facility is managed. Any potential problems could be minimized and addressed by the management as they are with the other facilities such as Festival Cinemas. With regard to traffic, Lt. Andrews stated their main concern was to keep Courtland open to access police and fire vehicles and that he reviewed all of the proposals relative to Court land and, in his opinion, if the current proposal for the median on Courtland and restricting the bowling alley to exit only on Courtland seems to be the most feasible proposal for traffic, and if it is feasible from a traffic engineering standpoint, they did not anticipate an enforcement problem. 2 Arroyo Grande Planning Commission, 8 -20 -91 Paul Karp, Director of Public Works, reviewed concerns regarding speeding along Court land and Brighton, and updated the Commission about a speed survey that was recently conducted. He also advised that the Parking and Traffic Commission met last night to discuss the Court land median and although they did not take formal action, there was a consensus of general support for the median program. With regard to the Oak Park Boulevard /Grand Avenue intersection, Mr. Karp advised that a number of proposals have been brought in, and staff feels that through acquisition of a minor amount of right of way from the Williams Bros. people, there can be an improvement made at that corner so that cars and other larger vehicles can make the turn with relocation of the curb lines in the existing alignments of the two streets. Mr. Karp briefly reviewed the proposed median layout. In answer to Commissioner Carr's question, Mr. Karp stated the main draw in this location is the shopping center and not the bowling alley. He stated that Courtland Street was being used even before it was paved, and the reason the City paved it was because of the circulation that was needed in that location. He pointed out that although it is unpopular, Courtland Street is a main artery for circulation through that shopping center, and he doesn't see the City's needs or the general welfare being served by closing it off. Keith Higgins, Traffic Engineer, stated he prepared the traffic study as part of the Environmental Impact Report. He reviewed the alternatives in the EIR, including closing Court land Street with a cul -de -sac, chokers, and a variety of other improvements, stating the intent was to not only mitigate project traffic, but to remedy an existing condition. He estimated about an 8% increase in traffic on Brighton due to this project, and stated what we are looking at now are project specific mitigations to offset what would otherwise have been an 8% increase in traffic. The intent is to maintain the status quo or improve the conditions that are there now. Mr. Higgins briefly reviewed the traffic study and the proposed traffic improvements. Chairman Gallagher re- opened the public hearing and requested that testimony be given on new information only and be limited to three minutes each. Merilee Peck - Newdoll, applicant, spoke in favor of approval of the project. She stated that at the August 14th meeting referred to previously by the Planning Director, there seemed to be the consensus that the median plan would be the best for the north neighboring properties. She further stated, in her opinion, the traffic impacts have been mitigated for this particular project. Dave Watson spoke on behalf of the applicants, stating they have looked at proposed conditions 13.a and 13.b, and concur with the staff recommendations. Regarding Condition 13.b, it is their understanding that this is an "either /or" condition; if the acquisition of right of way and construction of that right turn lane can be complied with, that coupled with the Courtland barriers and the consolidated access on Grand Avenue, those three improvements fit the bill in terms of a cumulative solution. He stated that the preferred alternative is Condition 13.b, sub - paragraph 2. Les Henderson, 332 No. Oak Park Boulevard, Grover City, spoke on behalf of residents who oppose the project, stating they do not want a bowling alley in their neighborhood. Ernie Burke 1227 Priscilla Lane, spoke in favor of the project. He stated that the only way to keep a zero impact in the area is for the property to remain undeveloped and, in his opinion, the bowling alley will have a lot less impact than other projects that could go in that location. Tom Neilsen stated that at the last meeting he presented a petition containing 109 signatures opposing the closing of Courtland Street. He presented a copy of a traffic survey he conducted on August 12th from 8:30 a.m. to 11:00 a.m. Susan Reade Henderson, 332 No. Oak Park Boulevard in Grover City, stated it is her opinion that the EIR is contradictory and erroneous and, therefore, cannot be accepted by this Commission. She stated that the facts and figures listed in the EIR all point to unacceptable traffic levels, and yet the EIR offers no satisfactory conclusions to mitigate the problem. She stated that one measure that has been discussed to mitigate traffic concerns has been the closure of Courtland and she would be in favor of this measure. Edna Gauss, 221 No. Elm Street, spoke of having a direct control traffic ingress and ingress to Grand Avenue from the site of the proposed bowling alley to minimize air pollution and traffic noise from excessive traffic and not reduce their neighborhood to a lower standard. Richard Duffin, 1398 Newport Avenue, suggested that no left hand turn be allowed southbound on Oak Park 3 31 3 - 314 Arroyo Grande Pla nning Commission, 8,20 9., to Brighton, and no right hand .turn be allowed: eastbpund.on Newport Avenue down Courtland. He felt this would be a partial solution to some of the problems involving traffic coming from Oak Park Boulevard. George Hill, 356 Woodland Drive, spoke in favor of the project, noting that about two months ago a petition in favor of this project was submitted with 100 signatures and, in his opinion, the majority of the people want this project. Karen Arshambo, 191 Ruth Ann Way, spoke in favor of the project, stating Arroyo Grande needs this facility and bowling is a good recreational activity for children. Al Gauss, 221 No. Elm Street, stated he is opposed to the project and questioned the recorded traffic counts and how the EIR report could be valid without a recorded traffic count. Dwayne Evitt, 216 Crown Terrace, spoke in favor of the project, stating he believes this facility would be an asset to the community. Gabe Bettencourt, Manager of the Lucky /Payless Center, stated his main concern is with the egress and ingress on Courtland for his customers and for the trucks servicing the facility. Muriel Nelson, 1425 Brighton Avenue, representing the Buena Vista Homeowners Association, stated they are concerned about the increase in noise and vandalism, and the fear that these activities would increase with the introduction of the bowling alley. Don Schmeltzer, 1231 Brighton, spoke regarding traffic hazards. He stated the worst thing he sees with this plan is that the commercial district is being merged into a residential district, Brighton Avenue is being turned into a thoroughfare, and bars are being planned next to a church and to a child care facility. Charlie Nichols, 350 Courtland Street, referred to the proposed median on Courtland Street, stating he supports the proposal and feels it is a pretty good plan. Janet Green, 216 Crown Terrace, spoke in favor of the project, stating that the recreational facility is desperately needed. Evelyn Burke, 1227 Priscilla Lane spoke in favor of the bowling alley, pointing out that the flow of traffic will be spasmatic and not constant all day and night. Ed Vonberg, 1251 Newport, stated he is in favor of the bowling alley and feels that the proposed median will address a lot of the traffic concerns. Hearing no further comments from the audience, Chairman Gallagher declared the hearing closed and restricted further comments to the Commission. Commissioner Boggess stated that no matter what type of development goes in there, we are still going to have this same type of problem regarding traffic, and eventually this area has to be developed. He felt that putting the median in and eliminating truck traffic going up Brighton off of Courtland is probably the best way to go. Also, if the entrance on Courtland could be eliminated it would really cut the traffic down. However, the concern there would only be one entrance and one exit both using the same driveway and it is all going to come out on Grand Avenue. Commissioner Carr stated he feels all the bases have been covered on this project and, in his opinion, if the Commission approves this project along the line of the design that has been presented, it would probably go to great lengths in dealing with the traffic concerns in that particular area. Also, he is not sure about closing the entrance on and off of Courtland; he probably would have a problem with closing it, and doesn't think it would accomplish anything if it is closed. He feels that the traffic in this area is already there because of existing conditions and this project is going to add somewhat to it, but as stated in the EIR, not significantly. He suggested that after action on this project is concluded perhaps the Commission could take a few minutes to discuss a possible recommendation to the City Council on a more comprehensive solution to some of the traffic problems. Commissioner Carr pointed out that the City just recently went through a General Plan amendment and many public hearings were held, and this type is allowed in this area subject to a conditional use permit. He stated he didn't recall hearing any comments during the public hearings on the General Plan amendment and Development Code that people did not want a bowling alley in this area. Chairman Gallagher stated that the issue of the traffic from this particular project as outlined in the EIR will be significantly mitigated by the development of a median strip and that the closure of the entrance on Courtland will significantly enhance the general perception of people in the neighborhood of what the impacts are directly attributed to the bowling alley project. He suggested that a review be conducted at the end of the first or second year after completion of the conditional use permit to see that the areas suggested have been mitigated and approved, and perhaps if there is a change of ownership after a period of time, the Commission could review it again to make sure that the conditions established would continue to be held in place. 4 Arroyo Grande Planning Conunission, 8 -20 -91 After further discussion, the following action was .taken: RESOLUTION NO. 91- 1.3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT FOR THE CENTRAL COAST BOWL PROJECT HAS BEEN PREPARED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND CERTIFYING THAT THE PLANNING COMMISSION HAS REVIEWED AND CONSIDERED THE INFORMATION CONTAINED IN THE FINAL ENVIRONMENTAL IMPACT REPORT; PARCEL MAP CASE NO. 90-490; CONDITIONAL USE PERMIT CASE NO. 90-479, AND ARCHITECTURAL REVIEW CASE NO. 90 -457, AND INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION. On motion by Commissioner Carr, seconded by Chairman Gallagher, and by the following roll call vote, to wit: AYES: Commissioners Boggess, Carr and Chairman Gallagher NOES: Commissioner Moore ABSENT: Commissioners Souza, Soto and Brandy the foregoing resolution was adopted this 20th day of August 1991. RESOLUTION NO. 91- /34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PARCEL MAP CASE NO. 90 -490 LOCATED AT 1524 GRAND AVENUE APPLIED FOR BY MERILEE PECK - NEWDOLL. On motion by Commissioner Carr, seconded by Commissioner Gallagher, and by the following roll call vote, to wit: AYES: Commissioners Moore, Boggess, Carr and Chairman Gallagher NOES: None ABSENT: Commissioners Souza, Soto and Brandy the foregoing resolution was adopted this 20th day of August 1991. On motion by Commissioner Carr, seconded by Commissioner Boggess, motion approved with one "no" vote, to reconsider the previous motion on approval of Parcel Map Case No. 90- 490 with the intent to modify Condition 13.a. Commissioner Carr moved that the Planning Commission amend its previous action on Parcel Map Case No. 90 -490, to include additional conditions 13.a and 13.b with additional language in Condition 13.a that would include the entrance to the project from Courtland Avenue as part of additional review, and that final design be subject to review and approval of the City Engineer and concurrence of the Parking and Traffic Commission. Motion lost for lack of a second. Commissioner Boggess moved that the resolution approving parcel map case No. 90- 490 be modified to include additional conditions 13.a and 13.b, with additional language in condition 13.b that, "prior to issuance of building permit the applicant shall revise the project design to eliminate the Courtland ingress and provide an emergency vehicle access to the project subject to the review and approval of the City Engineer and the Parking and Traffic Commission ". Motion seconded by Commissioner Moore, and unanimously carried. RESOLUTION NO. 91- /g9(.0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 5 315 316 Arroyo Gran4e ; Pla g g .Conuuission, S 24 -.. 1 : OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 90 -479, FOR THE CENTRAL COAST BOWL PROJECT, APPLIED FOR BY MERILEE PECK - NEWDOLL AT 1524 GRAND AVENUE. On motion by Commissioner Boggess, seconded by Commissioner Carr, and by the following roll call vote, to wit: AYES: Commissioners Boggess, Carr and Chairman Gallagher NOES: Commissioner Moore ABSENT: Commissioners Souza, Soto and Brandy the foregoing resolution was adopted this 20th day of August 1991. The above resolution includes added conditions 13.a, 13.b and condition 6.a as previously described by staff. On motion by Commissioner Boggess, seconded by Commissioner Carr, and unanimously carried, Architectural Review Case No. 90 -457 was approved subject to the findings and conditions of approval listed in the staff report dated August 20, 1991. Current Planner Spierling pointed out that the Commission's action is appealable to the City Council by filing an appeal with the City Clerk within ten days of this action. COMMISSIONER SOUZA ENTERED THE MEETING AND IS NOW PRESENT. REQUEST FOR PLANNING COMMISSION INTERPRETATION OF THE DEVELOPMENT CODE FINDINGS FOR CONDOMINIUM CONVERSIONS - STEPHEN A. NUKES. Current Planner Spierling reviewed the staff report dated August 20, 1991 regarding a request from Stephen A Nukes for an interpretation relative to findings that must be made in order to approve a condominium conversion. One of those findings that must be made in the affirmative partially reads: "In the case of condominium conversions, the vacancy factor of apartment rental housing units in the City exceeds five percent of the total rental housing inventory." Mr. Nukes has established that this would be a difficult finding to make and difficult to assess, and the applicant would be the one responsible for providing the data to make this finding. He stated that staff recommends a literal interpretation of that finding, which would require the vacancy factor of apartment rental housing units in the City to exceed 5% of the total housing inventory, including rental housing, second residential units, duplexes, etc. Steve Nukes, Stephen A. Nukes & Assoc., briefly reviewed his request for interpretation. Commissioner Carr stated that, given the language that we have in the Development Code, the Commission doesn't have much choice except to approve the staff recommendation. He suggested that staff take a look at the way the code is written and try to come up with a way of evaluating this particular item that is based more on just apartment availability and not include all of the other rentals, so that the study can be done easier to make the determination as to whether you meet the criteria or not. After further discussion, on motion by Commissioner Carr, seconded by Commissioner Moore, and unanimously carried, the Planning Commission adopted the literal interpretation of Subsection 9- 04.130E.8.b. of the Development Code, as stated in the staff report dated August 20, 1991, and requested that staff review the findings that must be made in order to approve a residential condominium conversion, particularly regarding the vacancy factor, and return at the appropriate time with proposed revisions to the code. PLANNING DIRECTOR /PLANNING COMMISSION ITEMS AND COMMENTS Commissioner Carr moved to direct staff to prepare a resolution from the Planning 6 1 1 Arroyo Grande Planning Commission, 8 -20 -91 Commission making a recommendation to the City Council to deal expeditiously with the traffic circulation problems in the area of the proposed Central Coast Bowl, and include in the resolution the review of the backbone traffic system program to see if it can be expanded to include the Oak Park Boulevard /Grand Avenue intersection, and to see if Arroyo Grande can join with Grover City in some kind of joint powers agreement for their contribution to the backbone traffic system in that area. Also include some review of the possibility of moving the traffic signal that is located at Grand Avenue and Courtland to a location that would further discourage the use of Courtland as an access to Grand Avenue, perhaps at the exit to Lucky's Shopping Center; also to be included in the review is the idea offered by Mr. Duffin of no left turn off of Oak Park Boulevard onto Brighton and no right turn from Newport onto Courtland, and that we look at restricting delivery from large vehicles to certain hours of the day along Grand Avenue, and that we fund the completion of the circulation element of the general plan. Motion seconded by Commissioner Boggess and unanimously carried. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 11:05 P.M. on motion by Commissioner Carr, seconded by Commissioner Souza, and unanimously carried. ATTEST: Pearl L. Phinney, Secretary 7 317