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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 MINUTES 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 MINUTES ,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)