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PC Minutes 2009-12-15ANNOUNCEMENTS: None MINUTES PLANNING COMMISSION DECEMBER 15, 2009 6:00 P.M. CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Ray presiding; also present were Commissioners Barneich, Brown, and Keen; Commissioner Ruth was absent. Staff members in attendance were Community Development Director Teresa McClish, Planning Manager Jim Bergman and Planning Intern Darryl Mimick. AGENDA REVIEW: Commissioner Brown asked that Item II.C. be heard before item II.B. as he will be stepping down from the dais due to having a conflict and would leave the meeting for the remaining agenda items. APPROVAL OF MINUTES: Chair Ray made a motion, seconded by Commissioner Brown, to approve the minutes of December 1, 2009, as presented. The motion was approved by a 4/0 voice vote, I. A. ORAL COMMUNICATIONS: None B. WRITTEN COMMUNICATIONS AFTER AGENDA PREPARATION: A letter dated December 15, 2009 from Michael Mullahey, Mullahey Ford regarding II.B. opposing the project was received by the Commission. II. PUBLIC HEARING ITEMS: A. CONDITIONAL USE PERMIT 09 -005; TENTATIVE PARCEL MAP 09 -002; PLANNED SIGN PERMIT 09 -002; APPLICANT — MARK NOACK; LOCATION — 1170 WEST BRANCH STREET. The staff report was presented by Planning Manager Jim Bergman. The project included dividing the property, demolishing a structure, and constructing a new drive - through fast food restaurant (In -N -Out Burger). The Commission discussed San Luis Obispo County Air Pollution Control District (APCD) conditions, the number of disabled parking spaces, RV parking, monument sign, double detector check valve and use of non - potable water. Ron Voile, Real Estate Manager for In -N -Out Burger, 13505 Hamburger Lane, Baldwin Park, answered questions from the Commission regarding history, statistics, and operations of In -N -Out Burger restaurants. George Nickelson, Traffic Engineer, answered questions regarding traffic impact, parking access and circulation. Mark Noack, Project Manager, In -N -Out Burger, 13505 Hamburger Lane, Baldwin Park, answered questions from the Commission regarding APCD conditions, disabled and RV PLANNING COMMISSION MINUTES DECEMBER 15, 2009 parking, signage, landscaping including suggestions to replace the following proposed species: Melaeuca quinquinervia and Chinese Pistache with other varieties such as Canary Island Pine, New Zealand Christmas Tree, Chanticleer Pear, and Lemon Scented Gum and to over excavate to ensure proper growth, drive - through over flow and vehicle emissions from idling, demolition and recycling of existing building, LED accent lighting, and water mitigation. Chair Ray opened the meeting for public comments, but hearing none, closed the public comment period. The Commission made final comments. Chair Ray made a motion, seconded by Commissioner Keen to approve Conditional Use Permit 09 -005; Tentative Parcel Map 09 -002 and Planned Sign Permit 09 -002; located at 1170 West Branch Street, with the following modifications: • The landscape plan shall be revised to eliminate and substitute poor performing tree species with the advice of the Tree Guild of Arroyo Grande; • Increase disabled parking spaces from two to four; • Eliminate RV parking and replace with regular automobile spaces; • Remove the monument sign from the project; • Remove LED bands from the project; • Change the word "should" in mitigation measure III -4.b to "shall "; • Modify APCD conditions and Mitigation Measures as requested by the applicant in the letter submitted to the Planning Commission including matching the existing high - pressure sodium lights instead of metal halide lights; • Change project description wording from demolish to dismantle to ensure recycling of suitable components of the Sizzler building; and • Add trees to the West Branch Street frontage and over - excavate all tree wells in an asterisk pattern. RESOLUTION NO. 09 -2095 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 09- 005, TENTATIVE PARCEL MAP 09 -002 AND PLANNED SIGN PROGRAM 09 -002; 1170 WEST BRANCH STREET; APPLICANT — IN -N- OUT BURGER The motion was approved by the following roll call vote: AYES: Chair Ray, Commissioners Keen, Brown, Barneich NOES: None ABSENT: Commissioner Ruth PAGE 2 1 1 1 1 1 1 PLANNING COMMISSION MINUTES DECEMBER 15, 2009 At 8:00 p.m. the Commission took a five minute break. PAGE 3 C. CONDITIONAL USE PERMIT 09 -007; ADMINISTRATIVE SIGN PERMIT 09 -025; APPLICANT — BHAJAN SINGH; LOCATION — 821 EAST GRAND AVENUE. Staff report presented by Darryl Mimick to review a proposed liquor store /market within an existing commercial building. The Commission discussed ADA compliance; crime related to this type of establishment; garage doors; BBQ set -up; and parking. Greg Soto, Project Architect, answered questions from the Commission regarding the BBQ; driveway visibility and public restroom. Bhajan Singh, Applicant, answered questions regarding on -site security. Chair Ray opened the meeting for public comments, but hearing none, closed the public comment period. The Commission commented on potential BBQ smoke issue; landscape improvement; keeping the establishment clean and maintained; and sales of merchandise to remain inside the building. Commissioner Keen, made a motion, seconded by Commissioner Brown, to approve Conditional Use Permit 09 -007 and Administrative Sign Permit 09 -025; located at 821 East Grand Avenue with the following modifications: • No vending machines on outside of the building; • Only approved signs on outside of the building; • No accessory selling outside; and • The BBQ shall be a gas BBQ and not wood or charcoal burning RESOLUTION NO. 09 -2096 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT 09-007 & ADMINISTRATIVE SIGN PERMIT 09 -025; ARROYO GRANDE LIQUOR & MARKET; APPLIED FOR BY BHAJAN SINGH, LOCATED AT 821 EAST GRAND AVENUE The motion was approved by the following roll call vote: AYES: Commissioners Keen, Brown, Chair Ray NOES: Commissioner Barneich ABSENT: Commissioner Ruth PLANNING COMMISSION MINUTES DECEMBER 15, 2009 B. CONDITIONAL USE PERMIT 09 -008; ADMINISTRATIVE SIGN PERMIT 09 -026; APPLICANT - CHRISTOPHER J. BROWN; LOCATION - 426 TRAFFIC WAY. Staff report prepared by Planning Intern Darryl Mimick and Planning Manager Jim Bergman. Commissioner Brown left the remainder of the Planning Commission meeting due to having a conflict on this item since he lives within 500 feet of the project. Planning Intern Darryl Mimick presented the staff report for the new liquor store /market, and reported three letters of concern were received from the public. The Commission discussed hours of operation, shared parking, delivery, and storage. Joe Elkins, Architect, Templeton, answered questions from the Commission regarding storage and delivery. Chris Brown, Applicant, answered questions from the Commission regarding design and operations of the market. Chair Ray opened the meeting for public comments, but hearing none, closed the public comment period. The Commission made comments regarding location suitability; compatibility of project with the neighborhood; hours of operation; parking issues; and traffic flow. Chair Ray re- opened the meeting for comments. Chris Brown, Applicant, addressed some of the Commission's concerns including the potential to redevelop the site inclusive of the adjacent property. Chair Ray closed public comments. Chair Ray made motion, seconded by Commissioner Barneich, to take tentative action to deny without prejudice Conditional Use Permit 09 -008; and Administrative Sign Permit 09 -026; located at 426 Traffic Way and direct staff to return with appropriate resolution. The motion was approved by the following roll call vote: AYES: Chair Ray and Commissioners Barneich, Keen NOES: None ABSENT: Commissioners Ruth and Brown III. NON - PUBLIC HEARING ITEMS: None PAGE 4 1 1 1 1 ATTEST: PLANNING COMMISSION MINUTES DECEMBER 15, 2009 IV. REFERRAL ITEMS FOR COMMISSION ACTION /NOTICES OF ADMINISTRATIVE DECISIONS SINCE DECEMBER 1, 2009: None V. DISCUSSION ITEMS: None VI. PLANNING COMMISSION ITEMS AND COMMENTS: Commissioner Barneich stated there needs to be a mail drop box located in the Village for the convenience of pedestrians and to eliminate the need to drive to the post office. VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP: Ms. McClish commented on the Pedestrian Safety Assessment and asked if there were any Commissioners that want to volunteer on a walk through to see her; reported City offices will be closed December 24, 2009 through January 3, 2010; and the Planning Commission meeting for January 5 will be cancelled due to lack of a quorum. VIII. ADJOURNMENT: The meeting was adjourned at 10:00 p.m. Ati■!_Ja■ 0 A s■ .A.Adtt/g/AL.4. ROSEMARY SI T *NS for DEBBIE WEICHINGER CAREN RA SECRETARY TO THE COMMISSION AS TO CONTENT: OcciC)•-. TEA McCLISH COMMUNITY DEVELOPMENT DIRECTOR (Approved at the 1/19/10 meeting) CHAIR PAGE 5 BLANK PAGE 1 1 1