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PC Minutes 2004-09-07MINUTES CITY OF ARROYO GRANDE PLANNING COMMISSION SEPTEMBER 7, 2004 - 6:00 P.M. CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Guthrie presiding; also present were Commissioners Arnold, Brown, Fowler and Keen. Staff members in attendance were Community Development Director, Rob Strong, Associate Planner, Kelly Heffernon, Assistant Planners, Ryan Foster and Jim Bergman and Public Works Engineer, Victor Devens. AGENDA REVIEW: Chair Guthrie announced that Public Hearing item III.C, VTTM Case No. 01-001 and PUD 01-001 (Tract 1998) would be continued and re -noticed for a future date. In addition, Mr. Strong stated that at the request of the applicant a pre - application involving a 21 -lot development has been suspended. Staff has notified the applicant that due to the time factors and certification of the EIR for the original project in April 2004, we need to obtain their consent for continuance or take action on the original project by October 13, 2004. APPROVAL OF MINUTES: The minutes of August 17, 2004 were approved on a motion by Commissioner Brown, seconded by Commissioner Arnold, on a 5/0 voice vote with two corrections: • Page 5, comment by Commissioner Arnold: change "that there is a water deficiency to "if there is a water deficiency determined". • Page 7, comment by Commissioner Arnold: add wording after "Models should be mandatory over a certain size or value. I.A. ORAL COMMUNICATIONS: Steve Ross, 211 Garden Street, stated re the Kennedy/Sheppel parking lot rearrangement that it did not appear that much movement was going on to improve the situation. Re the driveways he suggested closing the curb break into Kennedy Fitness and if further development is to take place, a 40 foot right- of-way be installed in the lower access with center median with one way in and one way out. B. WRITTEN COMMUNICATIONS: 1 Copy of email from Russell Reed, re Public Hearing item 111.6 — CUP 03-002, 447 Lierly Lane. 2. Letter from Henry & Sonja Bernard, re item II.A. Viewshed Review 04-014 listed under Minor Use Permits — subject to 10 -day appeal period. IIA MINOR USE PERMITS APPROVED SINCE AUGUST 3, 2004 - SUBJECT TO 10 - DAY APPEAL: - �R�r CaseNo a►y liiJcant'E�ddress, DesGri tion Planner 1. PPR 04-011 M. Ramey 102 W. Branch Retail Nursery. J. Bergman MINUTES PLANNING COMMISSION SEPTEMBER 7, 2004 PAGE 2 No A �lcant � i ddress Descr tion Planner . . , „� 4 E. 2. TUP 04-021 St. Patrick's School 900 W. Branch 42nd Annual BBQ/Auction. J. Bergman 3. MEX 04-007 Dan & Margaret 496 Coach Rd. 3 ft retaining wall with 4 ft J. Bergman McLean fence on top of wall. 4. VSR 04-014 Bob Montano 1470 Sierra Dr. Second -story addition. R. Foster 5. PPR 04- Amerigas 408 E. Branch Installation of propane J. Bergman 013 dispenser. 6. PPR 04- Check N Go 1411 Grand Ave. New business. J. Bergman 012 The Commissioners asked for clarification on MUP's Nos. 1, 4 and 6. After discussion the Commission had no further concerns and Mr. Strong stated the Minor Use Permits would be approved if there were no appeals after a ten-day appeal period. III. PUBLIC HEARING ITEMS: A. LOT LINE ADJUSTMENT CASE NO. 04-002 & VARIANCE CASE NO. 04-003; APPLICANT — FLOYD CHISM; LOCATION — VACANT LOT ON BRANCH STREET. Assistant Planner, Jim Bergman, presented the staff report for consideration of a Lot Line Adjustment and Variance to allow the use of an underlying lot. The Commission had a number of concerns regarding the setbacks, density issues and the not being able to make the required findings. Chair Guthrie opened the hearing to the public. Floyd Chism, 268 West Branch, stated he only owns one of the two lots and did not have jurisdiction over the other lot. The other lot with duplexes, is owned by his son. Mr. Strong clarified further that there were originally three lots owned by one person and that the Chism's bought the two lots in question. Peggy Gainer, 248 W. Branch Street, stated concern that if a house and garage were built it would obstruct their view; setbacks were a problem; there was a problem with debris and rats and trash barrels in the alley; and asked what would happen when Wilton Place is paved? She asked Mr. Chism what size the house would be? Mr. Chism explained size of house and setbacks. Mr. Strong also stated the maximum square footage of the house based on lot coverage and FAR. Chair Guthrie closed the hearing to the public. Commission Comments: Brown: • Concern for the number of variances being asked for. • Concern for the density issue. 1 MINUTES PAGE 3 PLANNING COMMISSION SEPTEMBER 7, 2004 • Concern with what future problems could be caused if this is approved. • He suggested continuing the hearing and request more information. Keen: • Concern that this if this is granted how will finding No. 3 affect other requests in the future. • He had a problem with making the findings. • Not in favor of having to make 7 variances to make the findings and that sidewalk not be put in. Fowler: • There are two lots that need to be changed. • Would this be consistent with the neighborhood. • This corner is not attractive at present and this would improve the neighborhood. • The density is an issue, but the City is looking for higher density and this would not be much smaller than other sites in the Village. Arnold: • There was not enough information to be able to make a decision. • Could be some benefits, but need to make the findings. • Need to have better understanding of lot sizes in the area, like to have some statistics. • Lot 6 could become non -conforming as long as it is conditioned to become conforming if any improvements are made in the future; lot 6 should be made as conforming as possible to the neighborhood. • Could not approve tonight; he would prefer to postpone the hearing on this and receive additional information. Guthrie: • Owner of lot 6 should be here to request the variances on his lot. • He could not make the variance findings. • Need to do a survey and have an overlay area. • This could be a PUD to make it work. • He suggested that the hearing be continued or project be denied. After discussion with the applicant and staff the Commission decided that it would be more advantageous to the applicant to deny the proposal; this would allow the applicant to appeal to City Council or return with more relevant information on the neighborhood. Commission Brown made a motion, seconded by Chair Guthrie, to deny the Lot Line Adjustment and Variance based on not being able to make the findings. The motion was approved on the following roll call vote: AYES: Commissioner Brown, Guthrie, Arnold, Fowler and Keen NOES: None ABSENT: None MINUTES PAGE 4 PLANNING COMMISSION SEPTEMBER 7, 2004 B. CONDITIONAL USE PERMIT CASE NO. 03-002; APPLICANT — TONY JANOWICZ; LOCATION — 447 LIERLY LANE. (Continued item: This item was previously considered by the Planning Commission at the meetings of December 16, 2003 and February 17, 2004.) Assistant Planner, Jim Bergman presented the staff report for consideration of a Conditional Use Permit to convert an existing 1,463 square foot house into a 1,012 square foot second residential dwelling. Mr. Bergman gave a proposed project recap: • Reduce the size of the existing second house to 1,012 square feet. • Fully sprinkle the second house. • Provide a 20 -foot wide access, utility and drainage easement from the southwest corner of the property, turning northeast between the two residential units and to the northeastern property line. In conclusion, Mr. Bergman explained that due to the applicant being unable to negotiate an economically feasible access easement and widening of Lierly Lane, the Fire Chief had agreed that if the existing residence is reduced in size and fully sprinkled the existing 8-12 foot wide access driveway is sufficient to allow the structure to remain as a secondary dwelling. Staff answered Commission questions regarding the meters for 2nd residential units. Chair Guthrie opened the hearing for public comment. Tony Janowicz, applicant, stated he had lived in the property for 14 years and that he is only wishing to improve the area. In reply to a question from Commissioner Brown Mr. Janowicz stated that he would be willing to have single meters if required for approval. Mr. Strong said the State may allow 2nd residential units to have separate meters in the future. Steve Ross, 211 Garden Street, spoke regarding tiered water rates and believed this would penalize owners of 2nd residential units. Chair Guthrie closed the hearing to the public. Commission Comments: Fowler: • The applicant has worked hard trying to meet all the conditions and would ask him to not change the meters. Brown: • If tiered water becomes reality make need to revisit this in the future. Arnold: • The applicant has done everything we asked for at the last meeting and he could approve this. MINUTES PLANNING COMMISSION SEPTEMBER 7, 2004 PAGE 5 Keen: • We should not be approving any 2"d residential units if the City is going to be running short of water. • No problem with separate meters on this lot as there is 114 feet between the two structures. Guthrie: • The problem has been resolved with the fire issue. • He did not have a problem with separate meters on this lot. • Re the tiered water issue he believed there is a way to deal with this. Commissioner Keen made a motion, seconded by Commissioner Arnold, to approve the Conditional Use Permit with the condition that dual utilities would be acceptable, and adopt: RESOLUTION 04-1934 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 03-002, LOCATED AT 447 LIERLY LANE, APPLIED FOR BY TONY JANOWICZ The motion was approved on the following roll call vote: AYES: Commissioners Keen, Arnold, Brown, Fowler and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of September 2004. C. VESTING TENTATIVE TRACT MAP CASE NO. 01-001; APPLICANT — TAOS HOLDING CORPORATION/CASTLEROCK DEVELOPMENT; LOCATION — NEAR THE NORTHEAST CORNER OF INTERSECTION OF JAMES WAY AND LA CANADA. Staff report prepared by Associate Planner, Teresa McClish. Mr. Strong restated his comments from "Agenda Review" and recommended that the Planning Commission not take action on the proposed project (as requested by the applicant), and direct staff to re -notice the project analyzed under the Certified Revised Final Subsequent EIR (RFSEIR) for the Planning Commission hearing of September 21, 2004; the applicant had suspended processing of the revised 21 -unit project that had been duly noticed for consideration at this public hearing in a letter dated August 27, 2004. Chair Guthrie opened the hearing to the public and hearing none closed it. Commissioner Arnold made a motion, seconded by Commissioner Brown, to continue the hearing on VTTM 01-001 and PUD 01-001 for a single residential subdivision of a MINUTES PAGE 6 PLANNING COMMISSION SEPTEMBER 7, 2004 26.6 -acre site into 21 single family lots and 1 open space parcel located at the northeast corner of the intersection of James Way and La Canada, by Taos Holding Corporation/Castlerock Development to a date uncertain. The motion was approved on the following roll call vote: AYES: Commissioner Arnold, Brown, Fowler, Keen and Chair Guthrie NOES: None ABSENT: None D. (CONTINUED ITEM) GENERAL PLAN AMENDMENT CASE NO. 04-003 - HOUSING ELEMENT; APPLICANT — CITY OF ARROYO GRANDE; LOCATION — CITYWIDE. Associate Planner, Kelly Heffernon, presented the staff report and stated that the Planning Commission had considered proposed amendments to the 2003 Housing Element on August 17, 2004 and continued the public hearing to September 7, 2004 for final review and action. Ms. Heffernon described the 2004 Housing Element amendments for HCD review. In conclusion Ms. Heffernon stated the HCD has confirmed that: • The City has shown that it has sufficient lower-income sites to accommodate its Regional Housing Needs. • With minor modifications as shown in Exhibit 'A' of the Resolution the document will be fairly easy to certify (staff is awaiting written confirmation from the State to verify this). In reply to a question from the Commission, Ms. Heffernon stated that secondary units are eligible to be counted as lower-income units as we now show in revised Table 15, (there are 60 secondary units within the time frame of the Housing Element). Chair Guthrie opened the hearing to the public and hearing none closed it. The Commission had no further comments and thanked staff for a great job. Commissioner Brown made a motion, seconded by Commissioner Fowler to recommend approval of the General Plan Amendment and adopt: RESOLUTION 04-1935 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 04-003, AMENDING THE 2003 HOUSING ELEMENT OF THE GENERAL PLAN The motion was approved on the following roll call vote: MINUTES PLANNING COMMISSION SEPTEMBER 7, 2004 AYES: Commissioners Brown, Fowler, Arnold and Chair Guthrie NOES: Commissioner Keen ABSENT: None the foregoing Resolution was adopted this 7th day of September 2004. IV. NON-PUBLIC HEARING ITEMS: PAGE 7 A. PRE -APPLICATION REVIEW CASE NO. 04-015; APPLICANT — HARVEST BIBLE FELLOWSHIP; LOCATION — 124 W. BRANCH STREET. Staff report prepared and presented by Assistant Planner — Ryan Foster. Mr. Foster presented the staff report for review of a proposal to convert land use from retail commercial (Amanda's Interiors) to public facility so that the existing building may be used as a church. Commission Questions: Guthrie: • Would is this building included in the Village Parking. Mr. Foster said it was not. Keen: • What is the required parking? Mr. Foster explained how the parking was calculated. Although this was not a public hearing item, Chair Guthrie opened the hearing to the public and hearing none closed it. Steve Henry, applicant, stated there are 26 spaces on site and they were in process of acquiring a written agreement from Pankey Enterprises for additional spaces. Commission Comments: Brown: • He would like to have information on hours of operation, peak hours of operation and activities during the week when the proposal comes forward. Keen: • Asked about alternative parking areas. The applicant said they were looking at other options for parking and believed there would be enough parking. Guthrie: • He had concern that Village Centre businesses would be agreeable to the Sunday parking. Mr. Strong said this would be acceptable if the applicant can secure an agreement for the additional parking that the Planning Commission would be agreeable to. • What is the current seating capacity of Amanda's? Mr. Henry stated about 280, and there would be a formal agreement for the parking and hours of operation etc. • Has the issue of the parking triangle been resolved? Mr. Foster said he would check this out and also the visibility issues. MINUTES PLANNING COMMISSION SEPTEMBER 7, 2004 PAGE 8 Fowler: • What if the congregation grows? Mr. Henry stated they would have a second service. • Stated it would be wonderful if this were to become a church again. Keen: • Sprinkling the church building would be expensive. The applicant said they had been offered some financial assistance for this. The Commission had no further comments or concerns. V. DISCUSSION ITEMS: 1. Appointment to the San Luis Obispo County Housing Trust Fund (HTF) Commission to serve as an Alternate; to be selected by the Planning Commission. After a short discussion the Commission agreed that Commissioner Brown should be appointed to this position and Commissioner Brown agreed to serve as an Alternate. VI. PLANNING COMMISSION ITEMS AND COMMENTS: In reply to a question from Commissioner Brown, Mr. Strong stated that the Traffic Commission had not made a date -certain yet for discussion of the traffic report on Allen Street. In answer to a question from Chair Guthrie, Mr. Strong said that there has been some interest by drug chains to locate in the Halcyon and Grand Avenue area. Commissioner Keen stated that the pavers in the Gateway, pedestrian friendly area of Grand Avenue are not wearing well and look really stained; the whole sidewalk looks terrible; if these pavers are required there should be a product that does not strain. Mr. Strong said he would check with Public Works to see if they had0 been sealed and what the problem is. In reply to a question from Commissioner Brown re mitigation for City trees, Mr. Strong stated that the Parks and Recreation Department will be putting the mitigation and maintenance of City trees on an agenda in the near future for discussion. Commissioner Keen stated that there were two trees- at the corner of Courtland and Grand Avenue in 48" containers (thought they had been temporarily planted) that had been allowed to die. VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP: Mr. Strong reminded the Commission that the joint meeting of City Council and Planning Commission was confirmed for September 22, 2004 at 6:30 p.m. MINUTES PAGE 9 PLANNING COMMISSION SEPTEMBER 7, 2004 With respect to the memorandum from Public Works regarding Traffic Commission comments on "skinny streets" Mr. Strong stated that the Planning Commission should be the primary adviser re land use and circulation decisions and the Circulation Element of the General Plan does need to be amended to reflect more relative street standards of all types. Chair Guthrie recommended that that the Traffic Commission and Planning Commission have a joint meeting for discussion of this item. VIII. TENTATIVE AGENDA ITEMS FOR SEPTEMBER 21, 2004 MEETING: No discussion. IX. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. on a motion by Commissioner Guthrie, seconded by Commissioner Brown. ATTEST: L N REARDON-SMITH, MES G THRIE, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT:____.___... ROB"STRONG; COMMUNITY DEVELOPMENT DIRECTOR (Approved at PC meeting of 'T/Z12004) 1 1 1