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HomeMy WebLinkAboutPC Minutes 1985-04-16ARROYO GRANDE PLANNING COly MISSION April 16, 1985 The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Coti,rissioners Fischer, Moore, Olsen, Soto and Boggess. Commissioner Carr is absent. Planning Director Eisner is also in attendance. MINUTE APPROVAL Hearing no additions or corrections, the minutes of the regular meeting of March 19, 1985 were approved as prepared on motion by Commissioner Fischer, seconded by Commissioner Moore, and unanimously carried. COMMUNICATIONS Planning Director Eisner referred to a letter from Shell Oil Company, dated April 11, 1985, regarding the Arroyo Grande Shell Service Station on Branch Street. The letter represents a request for an interpretation by the Planning Commission regarding ancillary sales of snacks and beverages for the benefit of the motoring public. Mr. Eisner advised that staff has done some research regarding the request, and found that there are a lot of stations in this area that are set up this way and it seems that the "state of the art" now is to provide for a wide range of drivers' needs. After a brief discussion, on motion by Commissioner Moore, seconded by Commissioner Soto, and unanimously carried, that ancillary sales of snacks and beverages for the benefit of the motoring public is found to be an acceptable use in conjunction with gasoline service stations. CONTINUATION - (PUBLIC HEARING CLOSED) STREET IN THE "RA -B3" RESIDENTIAL CAR R ITHE RS). Planning Director Eisner advised this item May 7, 1985. - LOT SPLIT CASE NO. 85 -409, 513 MAY AGRICULTURAL DISTRICT. (JEFFREY is being continued to the next meeting of PUBLIC HEARING - USE PERMIT CASE NO. 85 -388, INSTALLATION OF TWO BUILDING SIGNS, E -Z EIGHT MOTEL, 555 CAMINO MERCADO IN THE "P D" PLANNED DEVELOPMENT DISTRICT. (E -Z 8 MOTEL). Planning Director Eisner advised this matter is being continued at the request of the applicant. PUBLIC HEARING - REVIEW OF ORDINANCE 140 C.S. - DEVELOPMENT AGREEMENT WITH OAK PARK ACRES. Planning Director Eisner reviewed that the Planning Commission held and continued a public hearing on a Use Permit application for Lot 3, Parcels B, C and D in Oak Park- Acres. He stated the application is for an elderly project including rest home, group home, convalescent home and medical offices, and the language of Ordinance 140 C.S. was the basis for the application. Mr. Eisner referred to a letter from Paul Karp, Public Works Director, dated April 9th, in which Mr. Karp tries to respond to the question of the availability of water. A second issue that was raised by the Commission was the question of capacity of the sewage treatment facility. Mr. Eisner referred to a copy of a report by a Citizens' Committee, dated January 18, 1985, pointing out that the report deals with the projected capacities in the South San Luis Obispo County Regional Sanitation Facilities. Also, a third concern of the Commission had to do with traffic. He stated the City now has a commitment from Cal Trans giving a specific date next year for the first stage improvement of the 101 interchange. Mr. Eisner stated that, in terms of the specific generation factors related to uses, staff has requested from the ITE a copy of materials they have prepared, which will show the generation factors for various uses, and the consultants are looking at the materials now to see whether or not the phasing work for Oak Park will be adequate. He noted that the first phase will not solve all of the problems, but will make a significant improvement. Upon being assured by the Planning Secretary that public hearing for review of Ordinance 140 C.S. had been duly published and posted, Chairman Gerrish declared the hearing open. Kirby Gordon, 401 Indio Drive, Pismo Beach, stated he is representing Reuben Kvidt and Oak Park Associates. He commented they treat Ordinance 140 C. S. as a development agreement with the City and, in reliance upon that agreement, Mr. Kvidt has spent over a million dollars in street improvements, and also has paid for preparation of an Environmental Impact Report. He stated there is a traffic problem in that area, however, the City cannot expect one individual to solve all of the traffic problems. Mr. Gordon further stated his clients are opposed to any changes to the ordinance which would, in effect, deny the application for the convalescent home which the Fulbrights are proposing. 173 174 Arroyo Grande Planning Conrrission, 4 -16 -85 Page 2 Marie Cattoir, 195 Orchid Lane, stated the need for additional rest home care is evident, however, in her opinion, the facility should provide service to all people, and she questioned if the facility would be affordable only by the affluent. She commented that, at the last meeting, the applicants stated they would not accept Mecli Care or MediCal payments, and she did not believe that a facility should be permitted that will not accept people from all income ranges. She questioned if this will be a retirement village for only those that can afford the facility, or will it give nursing care which is so much in desnand? Anita Fulbright, one of the applicants for the project, replied to some of Mrs. Cattoir's comments, stating some of her statements at the last meeting may have been misinterpreted. She stated they have never stated at any time that they intended the facility to be for the exclusive use of any type of individual. In answer to Commissioner Moore's question if the facility would accept Medicare, Ms. Fulbright answered it would, dependent upon obtaining a Certificate of Need. She further stated her feeling that before the facility is completed, a Certificate of Need will no longer be necessary. In answer to Mrs. Cattoir's question if the facility would have to be licensed, Mrs. Fulbright stated it would definitely have to be licensed. After further discussion, Chairman Gerrish declared the hearing closed. Commissioner Fischer pointed out that according to the 1982 Resource Study there is water supply to meet the needs of the Arroyo Grande population to 18,000. Mr. Eisner noted that the sewage capacity, based on an average occupancy of 2.5 persons per dwelling unit, and. the Sanitation District is proposing to cover not only those items that have been a part of the General Plan for the City of Arroyo Grande for sometime, but they are also taking into account the other contributors to the South San Luis Obispo County Sanitation District. Chairman Gerrish stated that, according to Mr. Karp's memo, Arroyo Grande would not be adversely affected until 1999. Planning Director Eisner reiterated that the point at which review of Ordinance 140 C.S. came up, while it had to do with the resource issues, the specific question was the designation of Lot 3, Parcels B, C and D. He reminded the Commission that the wording in that section of Ordinance 140 C.S. was reviewed by the Planning Commission and modified so as to be consistent with the language of the "P -C" zone. He further stated that in reviewing the plans as submitted, staff felt six months ago those uses and that language was reaffirmed. Chaianan Gerrish stated there was some question as to whether the original EIR and the original intention for Parcel 3 dealt with this use or not. Commissioner Fischer pointed out that Parcel 3 was given no density numbers and it is difficult, under a P -C overlay, with no density given or allowed on the parcel. Mr. Eisner stated that at the time the language was put in, the uses were assumed to be institutional in nature and, therefore, a specific residential density was not given; an intensity of use was taken into account as a basis for preparation of the environmental report. He pointed out that density is a reference to a specific permanent residential use of the land, and when we talk about institutional activities which are not to be permanent in nature, no density is assigned. Cornn Boggess stated he cannot look around the Oak Park /101 situation, noting that the developments planned for Pismo Beach will also have an effect on this particular area where the convalescent home is going in, and with all of the building that is going on, somebody is going to have to say "let's wait until 1987 or 1988 when we get these new ramps ". Commissioner Olsen stated she is not convinced that this is not a retirement leisure horse, in that the facility calls for limited cooking facilities, laundry and housekeeping services. She feels this could easily be interpreted as a leisure home for retirement people rather than a convalescent home. She further stated she objects to having the proposed facility in that particular location. After further discussion, on motion by Commissioner Fischer, seconded by Connnissioner Soto, motion carried with Coru»issioners Boggess and Olsen voting "no ", to leave Ordinance No. 140 C. S. as it now exists. CONTLNUATION - (PUBLIC HEARING CLOSED) - USE PERMIT CASE NO. 85 -387, ELDERLY PROJECT INCLUDING REST HOME, GROUP HOME, CONVALESCENT HOME AND MEDICAL OFFICES, LOT 3, PARCELS B, C AND D, OAK PARK ACRES, IN THE "P -D" PLANNED DEVELOPMENT DISTRICT. (DR. AND MRS. FULBRIGHT). Commissioner Soto stated it appears that the review of 140 C.S. is just a formality. He pointed out that about the time the project is completed is about the time the freeway ramps will be constructed. Chairman Gerrish commented he agrees that 140 C. S. as it exists, specifically calls for this use and, in his opinion, the issues of water, sewer and traffic have been dealt with. He stated as far as he is concerned, this is a permitted use under the ordinance and should be approved. Ccwrmissioner Fischer stated her feelings that the definition Arroyo Grande Planning Comrrission, 4 -16 -85 of "rest hone" would not include individual cooking facilities, and it appears these units are more lice apartments geared toward persons over a certain age. She further stated she somehow would like to have a statement be included that the facility will be available to MediCare and MediCal clients. Commissioner Olsen commented she wanted to be sure they have all of the legal documents before building permits are issued. After considerable discussion, a motion was made by Commissioner Soto, seconded by Chairman Gerrish, to approve Use Permit Case No. 85 -387 subject to the 11 conditions listed in the staff report dated April 16, 1985. Motion defeated by a 4 to 2 vote. Commissioner Fischer moved to approve Use Permit Case No. 85 -387 subject to the 11 conditions listed in the staff report dated April 16, 1985, and deleting "limited cooking facilities" from the 160 room rest home. Motion seconded by Chairman Gerrish. Motion lost by a 3 to 3 vote. After further discussion, the following discussion was taken: RESOLUTION NO. 85 -1035 Page 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING DENIAL OF A USE PERMIT, CASE NO. 85 -387, APPLIED FOR BY DR. AND MRS. FULBRIGHT. On motion by Commissioner Moore, seconded by Commissioner Olsen, and by the following roll call vote, to wit: AYES: Commissioners Moore, Olsen, Boggess and Chairman Gerrish NOES: Commissioners Fischer and Soto ABSENT: Commissioner Carr the foregoing Resolution was adopted this 16th day of April 1985. Chairman Gerrish noted for the record that his vote to deny the Use Permit was only to break the tie vote and get the matter on to the City Council. PUBLIC HEARING - REZONING CASE NO. 85 -190, ZONE CHANGE FROM "RA -B2" RESIDENTIAL AGRICULTURAL DISTRICT TO "RA -B2 -D" RESIDENTIAL AGRICULTURAL DISTRICT COMBINED WITH DESIGN DEVELOPMENT DISTRICT, 225 TALLY HO ROAD. (JEFFREY CARRTTHERS, AGENT FOR PATRICIA LAUTHBURY). Planning Director Eisner advised that this matter has been withdrawn by the applicant and will be readvertised and resubmitted as "RA- B1 -D ". PUBLIC HEARING - USE PERMIT CASE NO. 85 -390, FREE STANDING SIGN AND WALL SIGN, 951 GRAND AVENUE IN THE "H -S" HIGHWAY SERVICE DISTRICT. (SERVICE AUTO PARTS). Planning Director Eisner advised this matter is being continued pending completion of application. PUBLIC HEARING - TENTATIVE SUBDIVISION MAP, TRACT NO. 1278, A TWO LOT RESIDENTIAL SUBDIVISION, 781 PRINTZ ROAD IN THE "R -S" RESIDENTIAL SUBURBAN DISTRICT. (WILLIAM E. LACKEY). Planning Director Eisner advised the subject tract map was previously submitted and reviewed by the Staff Advisory Committee and the Planning Commission. At the time it was reviewed, it was pointed out to the Commission that because the property had previously been split, it would have to be resubntted as a tract map. He stated the Staff Advisory Board and Subdivision Review Board is recommending the map for approval with the conditions as noted. Upon being assured by the Planning Secretary that public hearing for Tentative Subdivision Map, Tract No. 1278 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. Hearing no comments for or against the proposed tentative map, Chairman Gerrish declared the hearing closed. After a brief discussion, on motion by Conriissioner Fischer, seconded by Coninissioner Moore, and unanimously carded, Tentative Tract Map No. 1278 was approved subject to the 7 conditions recommended in the staff report, dated April 16, 1985. PUBLIC HEARING - USE PERMIT CASE NO. 85 -391, A 57 UNIT RESIDENTIAL CONDOMINIUM PROJECT, 565 SO. ELM STREET IN THE "R -G" GARDEN APARTMENT RESIDENTIAL DISTRICT. (MIDLAND PACIFIC ARCHITECTURAL GROUP, AGENTS FOR JOHN KUDEN). Planning Director Eisner briefly described the proposed project. He noted the staff report includes the analysis by the Staff Advisory Con and the recommendations that were taken to the Subdivision Review Board and Architectural Review Committee. The Architectural Review Corinittee chose not to snake a reconnnendation on the project. Mr. Eisner noted that 175 176 Arroyo Grande Planning COt;¢Lission, 4 -16 -85 Page 4 among the conditions is a recommendation for a condition by the Public Works Department that the retention basin be eliminated, and that a storm drain be provided to the storm drain facilities near The Pike. He pointed out that the information from the applicant, which was confirmed by Commissioner Moore during the Subdivision Review Board meeting, is that the soil would drain very quickly and it could be used for recreational purposes during the dry season. He further pointed out the density is approximately 15.5 units per acre; the land use plan allows 17 dwelling units per acre. Members of the Staff Advisory Committee felt that because so much of the open space of the project is concentrated in the front, in the retention basin, that should the Commission adopt the recommendation of the Public Works Director, the project should be re- designed for the purposes of redestributing the open space to lower the apparent density the way the project is perceived on the land. If, however, the Commission chooses to approve the project, retaining the retention basin, then staff feels that the use of the basin would be satisfactory as open space. The Subdivision Review Committee felt that in order for that space to be adequately available to the population in the project, some further design, including perhaps some play equipment, should be added to part of the retention basin. There are specific design changes that will have to be made should the Planning Commission approve the project. Those would include the elimination at the corners of the entry and exit ways of some 20 ft. wide passages. The Fire Department representative to the Staff Advisory Committee felt that those should be opened up to at least 24 ft. to allow the equipment to make the turn into those areas. The Police Department felt there should be an interior lighting plan submitted with the landscaping plan, so they could have adequate lighting for the purposes of surveillance. Mr. Eisner noted that the project appears to meet all of the Zoning Ordinance requirements, from den to the specific requirements for off- parking; there are 15 additional parking spaces provided for guest parking over and above those required. Chairman Gerrish questioned the drainage requirement, wherein the Public Works Director is requiring a storm drain from the corner of the project down Elm Street and down Farroll Avenue. Mr. Eisner advised there is a problem of drainage in that area. He noted, however, that this project is not a major contributor to that specific problem. Upon being assured by the Planning Secretary that public hearing for Use Permit Case No. 85 -391 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. Brian Starr, representing Midland Pacific Architectural Group, spoke in favor of the Use Permit, and explained the design concept for the project. He stated that at the onset of the design process, it was decided to try and handle the drainage on site and not be a contributor to the flooding problems at the corner of Elm and Farroll. He spoke regarding the condition that came up during the Architectural Board hearing regarding a request to use tile roofs, stating that the combination shingle they have in mind has a Class A or Class B rating, which is one of the highest fire resistant ratings that can be attained. He pointed out that the architectural feel they have tried to develop is not in keeping with a tile roof. Jim Garing, 141 So. Elm Street, Engineer for the applicant, spoke regarding the drainage, pointing out that the proposed project represents about 5% of the area that would drain to the storm drain; the project in question does not need that storm drain, but the City does, and it seems unreasonable to require the developer to pay for the extension of that storm drain. Andy David, Attorney, spoke in favor of the Use Permit being granted, pointing out that the property does not now contribute one drop of water to the drainage problem in the ?.rtea, and the way the project is designed, it will not contribute any water and, in his opinion, it is not reasonable to ask the Kobara family to pay for a drainage problem that the City brought on itself. Merrill Thompson, 586 So. Elm Street, stated he lives on the south side of, and adjacent to, the property in question. He stated his concern is that the way the project is'set up with two stories, it is going to block their view completely and will block the sunlight from corning in to their horse. I -Ie stated also that 57 units in there would impact the traffic in the area. He requested a redesign so that the project would not be so high as to block their view. Richard Pierce, stated he has the same problem as Mr. Thctnpson, and he would like to see the 30 ft. height limit reduced down a little. Mr. Eisner advised the units are designed to be 23 ft. 8 in. in height. Hearing no further con:snents for or against the proposed use permit, Chairman Gerrish declared the hearing closed. i 1 Arroyo Grande Planning Commission, 4 -16 -85 Commissioner Moore stated that the project does meet the standards, but he is concerned about the drainage problem. He noted that the same thing happening here happened on Sunset Drive, noting they have just completed a drainage project that the City has been working on for about 20 years, and the same thing happened; they collected money 20 years ago, and now it won't buy very much. He further stated it appears to him that since the flood control drawings were put together by Garing and Taylor in 1972, wherein they put the water in ponds and storm sewers, it now appears there has been a change of policy but it hasn't been announced very loud. He commented to get the drainage question solved, the Commission is going to have to ask the City Council what their policy is on drainage. Commissioner Soto stated he is in favor of the ponding area and putting some money aside for drainage. Commissioners Olsen and Boggess agreed that direction is needed from the City Council on the drainage. Chairman Gerrish pointed out that ponding basins take care of two issues; (1) you don't flood your neighbor; and (2) adding to the groundwater. Commissioner Moore recommended continuing the matter and requesting the City Council to adopt a policy on drainage. Planning Director Eisner pointed out the options available are to deny; recommend approval with the conditions as recommended by staff, with the understanding that the applicant will probably appeal to the City Council; or to approve the project modifying the drainage condition, at which point its conjecture as to whether or not someone would appeal to the Council for the purposes of examining that option. After further discussion, the following action was taken: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, GRANTING A USE PERMIT, CASE N.O. 85 -391, APPLIED FOR BY MIDLAND PACIFIC ARCHITECTURAL GROUP, AGENTS FOR JOHN KUDEN. On motion by Commissioner Moore, seconded by Commissioner Boggess, and by the following roll call vote, to wit: AYES: Commissioners Soto, Boggess, Fischer, Olsen, Moore and Chairman Gerrish NOES: None ABSENT: Commissioner Carr the foregoing Resolution was adopted this 16th day of April 1985. ARCHITECTURAL REVIEW CASE NO. 85 -326. Planning Director Eisner briefly reviewed the proposed project, including the color board showing the proposed colors and materials. He noted that the proposal meets the ordinance requirements. Commissioner Fischer commented she would like to see a development plan showing what will be provided in the open space area and, in her opinion, it should be a developed play area and so designated on the plan. Planning Director Eisner recommended Condition No. 1 be modified to read "A landscaping plan, including landscape materials and size, and also including the elements of recreation, shall be submitted for review and approval of the Parks and Recreation Commission ". Commissioner Soto stated he is in favor of some Lind of recreational facilities to keep the children off the streets, especially on Elm Street; ands he is also in favor of the open space as it exists on the plan. Planning Director Eisner also suggested adding the condition that the driving widt n be modified to meet the requirements of the Fire Department. After further discussion, Architectural Review Case No. 85 - 326 was approved. on motion by Commissioner Fischer, seconded by Chairman Gerrish, and unanimously carried, stbj ect to the 4 conditions as stated, and with the two findings noted in the staff report, dated April 16', J985. PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT RELATIVE TO "MOTELS'. Planning Director Eisner reviewed that the proposed ordinance amendment is a result of a previous hearing regarding an architectural review case on a motel. As a result of the discussions, the City Council directed staff to prepare an amendment to the Zoning Ordinance to redefine the tenn "motel ". Mr. Eisner read the proposed definition for "motel ". Upon being assured by the Planning . Secretary that public hearing for proposed ordinance amendment had been duly published and posted, Chairman Gerrish declared the hearing open. Hearing no comments for or against the proposed amendment, Chairman Gerrish declared the hearing closed. _ QZairrnan Gerrish stated, in his opinion, the permit in question should have been approved and changing the ordinance is not the proper way to deal with a specific circumstance. Comrissioner Soto stated he feels this is a band -aid approach to the "H -S" zone. RESOLUTION NO. 85 - 1036 Page 5 / 7 7 / 7 Arroyo Grande Planning Commission, 4 -16 -85 Page 6 After further discussion, the following action was taken: RESOLUTION NO. 85 -1037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL REVISING CERTAIN SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE, REGULATING PERMTITED USES AND DEFINING "MOTEL ", SECTION 9- 4.238. On motion by Commissioner Moore, seconded by Commissioner Olsen, and by the following roll call vote, to wit: AYES: Commissioners Moore, Fischer, Olsen and Boggess NOES: Commissioner Soto and Chairman Gerrish ABSENT: Commissioner Carr the foregoing Resolution was adopted this 16th day of April 1985. PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT PERTAINING TO THE INSTALLATION OE SATELLITE DISH ANTENNAS. Planning Director Eisner advised the proposed ordinance was prepared by staff at the direction of the City Manager's office. Staff is recommending to the Commission approval of the wording to restrict satellite dish antennas to rear yards. He commented., the wording is virtually the same as that adopted by Grover City and other adjacent cities. Upon being assured by the Planning Secretary that public hearing for the proposed ordinance amendment had been duly published and posted, Chairman Gerrish declared the hearing open. Upon hearing no comments, Chairman Gerrish declared the hearing closed and, after discussion, the following action was taken: RESOLUTION NO. 85 -1038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL AMENDING THE ARROYO GRANDE MUNICIPAL CODE, SECTIONS 9- 4.608, 9- 4.708, 9- 4.808, 9 -4.908 AND SECTION 9- 4.1018 PERTAINING TO THE INSTALLATION OF SATELLITE DISH ANTENNAS. On motion by Commissioner Fischer, seconded by Commissioner Soto, and by the following roll call vote, to wit: AYES: Con ndssioners Boggess, Olsen, Fischer, Soto and Moore NOES: Chairman Gerrish ABSENT: Commissioner Carr the foregoing Resolution was adopted this 16th day of April 1985. ADJOURNMENT Planning Director Eisner advised that a special study session is scheduled for April 30, 1985, which is a fifth Tuesday. There being no further business before the Commission, the meeting was adjourned by the Chairman at 10:05 P.M. AT 1 EST Secretary // Chairman 1 1