PC Minutes 2013-05-21ACTION MINUTES
REGULAR. MEETING OF THE PLANNING COMMISSION
TUESDAY, MAY 21, 2013
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Chair Ruth called the Regular Planning Commission meeting to order at 6.02 p.m
2. ROLL CALL
Plan ning'Commission Commissioners Kristen Barneich, John Keen, Jennifer Martin, Lisa
Sperow� and Chair Elizabeth Ruth were present.
Staff Present:' Community Development Director 'Teresa McClish, Assistant
Planner Aileen Nygaard, Associate Planner Kelly Heffernon,
Deputy City Attorney Jon Ansolabehere, and Acting Secretary and
Planning Intern Rachel Grothe were present.
3. FLAG SALUTE
Commissioner Sperow led the Flag Salute.
4. AGENDA REVIEW
None
' 5, COMMUNITY COMMENTS AND SUGGESTIONS
None
6. WRITTEN COMMUNICATIONS
None
7. CONSENT AGENDA
7.a. Consideration of Approval of Minutes.
Action: Commissioner Keen moved, and Commissioner Barneich "seconded to approve the
minutes from May 7, 2013 with the following modifications: page three, under 8.a., first
paragraph, change the,wording on electrical panels from "electrical boxes need to be screened"
to "the electrical panels shall be located inside the building ". The motion passed on the following
roll call vote:
AYES: Keen, Barneich, Martin, Sperow, Ruth
NOES: None
ABSENT: None
8. PUBLIC HEARINGS!
8.a. Consideration of Amended Conditional Use Permit 13 -001; Location — 1275
AshStreet(Soto Sports Complex); Applicant. - ATiT-Mobility
Associate Planner Heffemon presented the staff report, recommending the Planning
Commission adopt 'a Resolution approving modifications to an existing telecommunications
facility.
Community Development Director McClish and Associate Planner Heffernon were available to
respond to questions from the Commission regarding the proposed project.
PLANNING COMMISSION
MINUTES
MAY 21, 2013
PAGE 2
Commissioner Martin had questions regarding the light efficiency not being listed as a mitigation ,
measure in the conditions of approval. Commissioner Martin went on to question why the site is
not compliant with FCC regulations.
Commissioner Keen expressed concern regarding, the high efficiency lights being located on
just one pole. The concern was that the high efficiency lights would not match existing lights in
color and field coverage. Commissioner Keen explained that there is no mention of this issue in
the Resolution and requested clarification.
Commissioner Barneich excused herself for thirty minutes at 6:11 pm.
Chair Ruth opened the public hearing.
Tricia Knight, representative to AT&T Mobility was :available to answer questions. Ms. Knight
addressed Commissioner Martih's concern regarding the site's compliance. Ms. Knight
explained thatrthe site is not in compliance due to signage. Due to weather degradation, the
current signs are faded. The signs need to be upgraded and are part of the conditions of
approval and mitigation measures. AT &T Mobility will be upgrading their signs in both ,English
and Spanish.
Hearing no further comments, Chair Ruth closed the Public Hearing.
Commissioner Sperow provided the following comments: was present at the ARC meeting ,
regarding this project and informed the Commission that.ARC is in favor of this project. On an
individual note, Commissioner Sperow feels this project is greatly needed by the community.
Commissioner Martin provided the following comments: no issues with the upgrade; agrees with
Commissioner Keen on the lighting issue.
Chair Ruth provided the following comments: in favor of'the project.
Action: Commissioner Keen moved to adopt "A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL
USE PERMIT NO. 13 -001; LOCATED AT 1275 ASH STREET (SOT.O SPORTS COMPLEX);
APPLIED FOR BY AT&T MOBILITY, as, modified 'to addiress'.lighting research added to condition
in Exhibit,A The use of energy efficient lights must be addressed by the Director of Public Works.
Commissioner Sperow seconded, and the.motion'passed on the following roll call vote:
AYES: Keen, Sperow, Martin, Ruth
NOES: None
ABSENT: Barneich
8.b. Consideration of Amended Conditional Use Permit 13 -002; Location — 300
ReservoirRoad (City Reservoir No. 1); Applicant - AT &T Mobility
Associate Planner Heffernon presented the staff report recommending the Planning
Commission adopt a Resolution approving modifications to an existing telecommunications I
facility.
PLAN NING'COMMISSION PAGE 3
MINUTES
MAY 21, 2013
Community Development Director McClish and Associate Planner Heffernon were available to
respond to questions from the Commission regarding the proposed project
Chair Ruth opened the public hearing.
Applicant representative Tricia Knight spoke in support of the project and was available to
answer questions.
Hearing no further comments, Chair Ruth closed the Public Hearing.
Commissioner Sperow provided the following comments: was present at the ARC meeting
regarding this project ARC is1h, favor.
Commissioner Martin provided'the: following comments: the project looks great and is a huge
improvement to the existing monopole,
Chair Ruth provided the following comments: in'favorof the project
Action: Commissioner Martin moved to adopt "A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY'OF ARROYO GRANDE RECOMMENDING THAT CITY'COUNCIL
APPROVE AMENDED CONDITIONAL USE PERMIT 13 -002; LOCATED AT 300 RESERVOIR
ROAD (CITY RESERVOIR NO. 1); APPLIED FOR BY AT &T MOBILITY. Commissioner Keen
seconded, and the motion passed on the following roll call vote:
AYES: Martin, Keen, Sperow, Ruth
NOES: None
ABSENT: Barneich
8.c. Consideration of Adoption of Resolution recommending that the City Council
adopt an ordinance amending Sections 16.04.070 and 16.44.050 of the City of
Arroyo Grande Municipal Code regarding Floodplain Management; Location —
Citywide; Applicant City of Arroyo Grande
,Action: Deputy City Attorney Jon .Ansolabehere recommended that Planning Commission
continue this item until. a date certain of.June 4, 2013 as some, information was missing from the
staff report., Chair Ruth made.a.motion to continue the public hearing of this item to;a, date certain
of June 4, 2013. Commissioner Sperow seconded, and the motion passed on the following, roll call
vote
AYES: Ruth, Sperow, Keen, Martin
NOES: None
ABSENT: Barneich
The Commission took a break at 6:25 pm. and reconvened at 6:35 pm
' 9. NON - PUBLIC HEARING ITEM
9.a. Review of Conditional Use Permit Case #93 -508 for Bob's Car Wash; Location —
1203 East Grand Avenue
PLANNING COMMISSION
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MAY 21, 2013
PAGE 4
Associate Planner Nygaard presented the staff report recommending that the Planning ,
Commission review Conditional Use Permit Case #93 -508 for'Bob's Car Wash and determine if
a public hearing should be scheduled to review the permit.
Assistant Planner Nygaard responded to questions from the Commission regarding this project.
Commissioner Sperow wanted to clarify that no findings were being made at the present.
Assistant Planner Nygaard answered that the purpose was to find if there was good cause to
schedule a public hearing.
Chair Ruth,_had a question regarding fees and wanted to�know if+the applicant would have to pay
any permit fees for review. Community Development 'Director McClish responded that the
owner would not incunany additional application fees.
Chair Ruth invited the representative of Bob's Car Wash to speak
John Belsher, attorney for Bob Dias addressed the Commission stating that reopening a
conditional use permit for reexamination is rare as there are vested rights that come with the
permit. Mr. Belsher's three main points were that the conditional use permit not be reviewed as
the business is operating in a manner that is consistent with the conditions of approval, the
business is not detrimental to the public health, safety and welfare, and that the business is not
materially injurious to properties in the vicinity. Mr. Belsher cited Municipal Code 16.16.050 to '
support his case. Mr: Belsher went on to discuss that his client would be willing to put restroom
facilities on site for employee use. In addition, Mr. Dias would be willing to pay the neighboring
property owner for the use of the property.
Vice Chair Barneich rejoined the Commission at 6:45 pm.
Commission was invited 'to ask Mr. Belcher questions.
Vice Chair Barneich and Commissioner Sperow wanted, to know how 'many hours employees
worked' and where they used the restroom. Vice Chair Barneich asked if the access point from
the; adjacent property had ever been closed.
Commissioner Barneich went on to discuss the conversation she had with the mayor regarding
some potential queuing options. The suggestions included opening the two (2) right hand stalls
for the hand wash so that more cars can be queued in that area. The other suggestion was to
use the two (2) stalls on the left for the coin operator. This would allow six (6) cars in total to be
queued up. Mr. Dias stated that the suggestions would double his man -power and labor needed
to queue cars. He went on to explain the suggestions would not be beneficial from a business
standpoint.
Owner Bob Dias responded that the employees work anywhere from eight to ten (8 -10) hours
and that they currently utilize restroom facilities at the surrounding businesses. He then went on
to state that he had no problem installing a restroom for employees. He also reported that the
drive aisle had never been closed before. I
PLANNING COMMISSION
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,MAY 21, 2013
PAGE 5
Commissioner Martin wanted clarification and reiteration by Mr. Belsher regarding the three
points made during his opening discussion.- She also commented on the original CUP which
stated that'the elimination of the drive aisle would not adversely affect the project design or
operations. Her understanding is that the business approval did not include depending on the
internal access. She also expressed a desire to see a solution between Bob's Car Wash and
the neighboring developer and would be willing to give Bob's Car Wash two (2) meetings to
reach a solution. A final point made by Commissioner Martin was that currently the business is
'not operating the way'it'said it would. This point justifies a reopening of'the' original CUP.
Commissioner Sperow expressed concern that a meeting between Bob's Car Wash and the
adjacent, developer would not provide a solution. Commissioner Sperow was willing to give
Bobs Car Wash one '(1) month to reach a solution with the neighboring developer. The
conditions of approval specify that there should be room on Bob's Car Wash for conducting
business.
Commissioner Keen had questions about water usage. He wanted to _know that since the hand
wash had been prospering, if water consumption had risen. He� was also concerned with the
queuing volume. The lack of queuing space needs to be addressed and he supports a review of
the CUP and does not want to wait to revisit it.
Commissioners Barneich, Sperow and Martin are willing to give Bobs Car Wash one (1),month
' to reach an agreement with the neighboring' developer.
Commissioner Barneich explained that the cars were not queuing °the way they were intended to
and this,warrantsdhe re, opening of the CUP-. She questioned the car count that -was conducted
and wanted to know if there was a photo depicting the eighteen (1'8) cars that had been
observed between the hours of'2pm and 3pm on a Saturday. It was clarified by staff that there
was no photo and that one (1) car queued approximately every three (3) minutes.
Commissioner, Barneich was.in favor of revisiting the CUP and cited safety issues as a reason.
Chair Ruth made the following comments: took issue with the safety of Grand Avenue, she does
not want to see queuing on Grand, and wants to see a solution reached between Bob's Car
Wash and the neighboring developer. Chair Ruth wanted to be clear that the re- visitation of the
CUP was founded solely on thei safety and health of the public. She is fine with revisiting the
CUP to a date uncertain.
Community Development Director McClish informed the Commission of their options for
scheduling a date to re -visit the CUP. It could be scheduled for a date certain or uncertain. If the
issue is resolved before the meeting date, it can be removed `from discussion. Deputy City'
Attorney Ansolabehere followed Director McClish's statement saying that the meeting between
Bob's Car Wash the neighboring developer may take a while as meetings of this nature do take
time to schedule.
Action: Commissioner Sperow moved to open Conditional Use Permit No. 93 -508 for public
hearing to a date uncertain to address queuing and restrooms issues. Commissioner Keen
seconded, and the motion passed on the following roll call vote:
PLANNING COMMISSION
MINUTES
MAY 21, 2013
AYES:
Sperow, Keen, Martin, Ruth
NOSE:
None
ABSTAIN:
Barneich
10 NOTICE OF ADMINISTRATIVE DECISIONS SINCE MAY 7, 2013
PAGE 6
Case No.
Applicant
Address
Description
Action
Planner
ARCH 13 -001
Peoples' Self-
150 So
Modifications to a previously
A
K. Heffernon
Help Housing
Courtland St.
approved multi - family
Corporation
pr o ect.
MEX13 -002
Brian Healey
535 Dos Cerros
Side setback reduction'
A
A. Nygaard
VSR 13 -002:
Tim. Hutchinson
550'E' Branch
New two -story, 2,005
A
M:Downing
MEX'13 -001
Street
square-foot single - family
residence with a 549
square -foot basement -level
seconds dwellin unit:
Commissioner Sperow said she,attended'the ARC meeting and'the Peoples' Self Help Housing
is making changes'to their project at 150 So. Courtland St. due to a lack of funding. ARC said
they were in favor'of the fagade changes and voted unanimously'to approve the project.
Chair Ruth had a question regarding 535 Dos Cerros. She wanted to know what side of the lot
the reduction was being granted on. Staff responded that the reduction was for the right side of
the lot,if' looking :at it'from the front of'property.
11. COMMISSION COMMUNICATIONS
None
12. STAFF COMMUNICATIONS
None
13. ADJOURNMENT
On motion by Chair Ruth, seconded by Commissioner Keen and unanimously carried, the
meeting adjourned at 7:47 p m.
ATTEST:
�.
RACHEL GROTHE 'ELIZABLrTH S. RUTH, CHAIR
ACTING SECRETARY TO THE PLANNING COMMISSION
AS TO CONTENT:
I
AcCLISH COMMUNITY DEVELOPMENT DIRECTOR '
at PC Mfg July 2, 2013)