PC Minutes 2008-02-05MINUTES
PLANNING COMMISSION
FEBRUARY 5,2008
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, Keen, Marshall
and Tait. Staff members in attendance were Community Development Director, Rob
Strong and Associate Planner, Teresa McClish.
ANNOUNCEMENTS: None.
AGENDA REVIEW: No changes.
APPROVAL OF MINUTES: The minutes of January 15, 2008 were approved on a
motion by Commissioner Keen, seconded by Commissioner Barneich, with the following
requested corrections:
1. Page 2, Commissioner Keen's comments, change "He does have a concern..."
to "He does not have a concern...".
2. Page 4, Chair Ray's comments, 4th bullet, clarify to state that she was not in
favor of encouraging a Minor Exception with abatement on sale.
3. Page 7, complete Chair Ray's comments to clarify that "the three trees were to
replace the two trees located in the foreground (in front of the two bush -like
trees)".
The motion passed on a 5/0 voice vote. Commissioner Marshall explained that he had
not been present at the meeting, however, he felt comfortable voting as he had
reviewed the meeting while it was being televised live on Charter Cable, Channel 20.
A. ORAL COMMUNICATIONS: None.
B. WRITTEN COMMUNICATIONS AFTER AGENDA PREPARATION:
1. Additional Administrative Item - TUP 08-003; Applicant — Eufloria Flowers.
II. PUBLIC HEARING ITEMS:
A. DEVELOPMENT CODE AMENDMENT CASE NO. 08-001; APPLICANT — CITY
OF ARROYO GRANDE; LOCATION — CITYWIDE
Associate Planner, Teresa McClish, presented the staff report for review of
amendments to the Municipal Code Chapter 16.56 related to Parking and Loading
requirements, including reduced parking standards for restaurants and bars, cafes and
specialty food service and increased parking standards for barber shops and beauty
salons within the Village Core and Village Mixed Use zoning districts; amending
Municipal Code Chapter 16.04 to modify definitions related to massage parlors and
family daycare; and amending Chapter 16.20 related to waiver of Parcel Map
requirements in accordance with Government Code Section 66428(b) applicable
Citywide. Ms. McClish then explained the proposed modifications to Chapter 16.04
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PAGE 2
Definitions, included in Exhibit W; explaining that one item was incorrect in the definition
for Family Daycare Large (3rd definition on page 1); it should read "means a home that
regularly provides care, protection and supervision for up to twelve (12)". In conclusion,
Ms. McClish stated that staff recommends that the Planning Commission recommend
approval of the proposed Ordinance to the City Council.
In reply to questions from Commissioner Barneich, staff clarified that the proposed
change to parking for beauty salons will be one space per 300 sq ft., plus one for every
three stations above that number; the change in floor to ceiling height from 10 to 7 feet,
for private parking garages, is due to the fact that private parking structures are
relatively small and it would be difficult to get the clearance without exceeding the height
limits.
Commissioner Keen stated that he was concerned on how the staff report appears to
throw a bad light on massage parlors; they are legitimate businesses and to say that
several in an area may cause blight is unacceptable; there are some type of massage
parlors that we do not want, but they should not all be labeled the same; page 5 of the
staff report under "Disadvantages" that includes the potential of "making regulations too
stringent for massage services instead of allowing market forces to regulate the location
and abundance and concentration of uses", suggests that they would self regulate and
to require them to be in one area would tend to concentrate them. Mr. Strong explained
why this amendment had been proposed and that staff is attempting to distinguish
between those associated with a medical or health and fitness facility and those that
would be individually operated/freestanding; if the Commission consensus is that this
use should not be so regulated then the permitted alternatives could be considered so
that more discretion can be applied.
Commissioner Keen stated that if the Police have a problem with one or two businesses
then they should deal with it; they do not need to call massage parlors blight.
Commissioner Tait asked why it was so difficult to check up on massage parlors? Mr.
Strong explained that once the principal owner of a business is established there is not
way of knowing if they are changing personnel without clearance with the Police
Department.
Commissioner Ray asked how increasing regulations would help this issue? Mr. Strong
replied by making it discretionary so staff could then review with the Police Department
to see if they have any concerns with the location and to reduce proliferation of
massage parlors. However, if the Planning Commission has concerns it can be dealt
with by additional noticing and public comment to consider alternatives.
Commissioner Tait stated that he had concerns with the staff report, Page 2, where it
states, "a heavy concentration of such facilities can cause blight and impact City
economic development efforts and increase potential for illegal activity". He agreed with
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FEBRUARY 5, 2008
PAGE 3
Commissioner Keen that this appears to be a very broad statement without any
documentation of evidence to substantiate this for Commission review.
Ms. McClish: The City Manager and Police Department have found that this is an issue
statewide; there are lots of legitimate businesses but also some potential for problems
and the City is trying to find the right balance.
Commissioner Tait, Page 3, under Personnel Services related to massage states,
"Personal Services means establishments providing non-medical services", which
seems a little biased as under Personnel Services Restricted it states, massage
establishments are called "parlors" which is a much more negative connotation than an
"establishment. He is not at all happy with this so he agrees with Commissioner Keen
that this should come back to the Commission for further review.
Commissioner Marshall concurred with both Commissioners Keen and Tait, stating that
they have not been given enough information to clearly indicate the problems and the
proposed solution does not appear that it would solve them. If concentration of
establishments is a concern then restricting them to fewer zoning districts appears to
increase the concentration, which seems backwards; the wording that is underlined in
the proposed definition language which states "ancillary and occupy less than 25V is
confusing and should be clarified for applicants (with a clear explanation of what is
meant by "ancillary").
Chair Ray stated that most of her concerns had been addressed by the other
Commissioners; she agreed with Commissioner Marshall regarding the syntax, but that
could easily be rectified. She would like to have further information in order to make a
decision on the issue with the massage establishments notified; the staff report does not
offer enough information to know what the real problems are.
Chair Ray opened the public hearing for public comment and hearing none closed it.
Commission Comments:
Barneich:
• She regularly attends a perfectly reputable massage therapist that offers only
massage, so she would like the Police Chief to explain what the problems are.
• She is fine with the rest of the proposed modifications to definitions.
In reply to a question from Commissioner Keen, Ms. McClish explained the note in
Exhibit 'A' parking table, that Section was previously left out by the codifier so we are
taking this opportunity to put it back in.
Keen:
• He would like the proposed definition regarding massage parlors to return for
further discussion; it is important to get clarification on what problems exist.
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• There are quite a few legitimate schools teaching massage therapy so there are
a lot more massage therapists wanting to start up businesses and this may be
the reason why the City is getting more applications for these type businesses.
• He has no problem with the other modifications to the definitions.
Tait:
• He agrees with Commissioner Keen and would like to see the discussion on
massage services item return.
• It is really important that the City's parking code should be in line with "smart
growth principals and anti -sprawl; actually we should be moving toward waiving
onsite parking requirements and make it a pedestrian Village - people can get out
of their cars and walk.
Marshall:
• He supports separating out the massage services for further consideration by the
Planning Commission.
• He is pleased that the Commission is in agreement with moving the other
definitions forward to the Council, as he would like noticing for these items to the
specific businesses involved.
Mr. Strong stated that if the Commission has concern about increased parking
requirements for beauty salons as recommended by the Downtown Parking Advisory
Board this could also be continued to give time for specific operators to be noticed.
Chair Ray stated that the increased parking requirements for beauty salons would not
apply to existing businesses in the Village. Mr. Strong confirmed that this was correct,
but it would make some of the existing businesses non -conforming.
Commissioner Marshall made a motion, seconded by Commissioner Keen, to
recommend that the City Council approve Development Code Amendment 08-001 for
all proposed modifications including those definitions in Chapter 16.04, except Personal
Services and Personal Services Restricted, and adopt:
RESOLUTION NO. 08-2055
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE
DEVELOPMENT CODE AMENDMENT CASE NO. 08-001, AMENDING
MUNICIPAL CODE CHAPTER 16.56 PARKING AND LOADING
REQUIREMENTS INCLUDING REDUCED PARKING STANDARDS FOR
RESTAURANTS AND BARS, AND INCREASE PARKING FOR
BARBER SHOPS AND BEAUTY SALONS WITHIN THE VILLAGE
CORE AND VILLAGE MIXED USE (VCD AND VMU) ZONING
DISTRICTS, AMENDING CHAPTER 16.04 TO MODIFY DEFINITIONS
RELATED DAYCARE; AND AMENDING CHAPTER 16.20 RELATED
TO WAIVER OF PARCEL MAP REQUIREMENTS IN ACCORDANCE
WITH THE SUBDIVISION MAP ACT
PLANNING COMMISSION
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The motion was approved on the following roll call vote:
AYES: Commissioners Marshall, Keen, Barneich, Tait and Chair Ray
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 5th day of February 2008.
PAGE 5
After discussion it was decided that the Personal Services and Personal Services
Restricted item (regarding massage establishments) would be continued to a date
certain of March 4, 2008. Commissioner Marshall stated he would not be present at this
meeting as he would be out of town. Mr. Strong stated that this item would not need to
be re -noticed in the paper, but would be noticed to all affected businesses by mail.
Commission Marshall restated his concern with "concentration" of massage services
and suggested that there be a rule that "they be no closer than a certain distance to
each other" and he would like this to be considered. Chair Ray stated she would like to
see what the problems are first before alternative solutions are sought.
III. NON-PUBLIC HEARING ITEMS: None.
IV. - REFERRAL ITEMS FOR COMMISSION ACTION/
LOT LINE ADJUSTMENT CASE NO. 07-001; APPLICANT — INVESTEC;
LOCATION — RANCHO PARKWAY & WEST BRANCH STREET
Director Strong, presented the staff report prepared by Planning Intern, Jimmy Paulding,
for a proposal to allow a Lot Line Adjustment related by new building in Phase 1 and
adopt a Resolution of approval. In conclusion, Mr. Strong stated that staff is
recommending approval of the Lot Line Adjustment 07-001.
Commissioner Barneich asked for clarification on where the lot line was proposed to be
relocated. Mr. Strong explained using the overhead. The Commission had no further
questions.
Chair Ray opened the public hearing for public comment.
Mike Bertaccini, representative, was present to answer Commission questions. The
Commission had no questions,
Chair Ray closed the public hearing for public comment.
The Commission had no comments.
Commissioner Marshall made a motion, seconded by Chair Ray to approve Lot Line
Adjustment 07-001, and adopt:
PLANNING COMMISSION
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FEBRUARY 5, 2008
RESOLUTION NO. 08-2056
PAGE 6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT CASE NO.
07-001; LOCATED AT LOTS A: 900 & 920 RANCHO PARKWAY AND
B: 1132, 1166 & 1168 WEST BRANCH STREET; APPLIED FOR BY
INVESTEC
The motion was approved on the following roll call vote:
AYES:
Commissioners Marshall, Ray, Barneich, Keen, and Tait
NOES:
None
ABSENT:
None
the foregoing Resolution was adopted this 5th day of February 2008.
IV. NOTICES OF ADMINISTRATIVE DECISIONS: SINCE JANUARY 15,2008:
case;IVo.
pp�„
1 Address ,"
�
, � Description °z
Actibr
PI'anner �e
1. MEX 08-001
David Knokey
1153 E. Grand
To allow the continued use of a
A.
J.
Ave.
converted garage for living area.
Bergman
2. TUP 08-003
Eufloria Flowers
601 E. Grand
To allow the sale of flowers
A.
Bergman
Ave.
February 13 & 14.
Items No. 1
Commissioner Barneich asked for clarification on this item. Mr. Strong explained that
this is a non -conforming residential within a former garage in the new Gateway Mixed
Use district and does not require covered parking.
In reply to a question from Commissioner Keen, Mr. Strong stated that the Building
Department does check converted buildings to make sure they are up to code.
The Commission had no further concerns.
V. DISCUSSION ITEMS: None.
VI. PLANNING COMMISSION ITEMS AND COMMENTS: None.
VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP:
Mr. Strong stated that the permanent "temporary lights" in the PG&E Park -n -Ride lot on
West Branch have been activated to replace the portable generator flood lights.
VIII. ADJOURNMENT
The meeting was adjourned at 7:00 pm on a motion by Chair Ray, seconded by
Commissioner Keen.
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PLANNING COMMISSION
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FEBRUARY 5, 2008
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ATTEST:
L N REARDON-SMITH, CAREN RAY, HAI
SECRETARY TO THE COMMISSION
AS TO QONTE
ROB STRONG,
COMMUNITY DEVEL PMENT DIRECTOR
(Minutes approved at the PC meeting of , 2008)
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