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PC Minutes 2003-06-031 1 CALL TO ORDER: The Arroyo Grande Planning Commission met in special session with Vice Chair Brown presiding. Also present were Commissioners Arnold, Fowler and Keen. Chair Guthrie was absent. Staff m embers in attendance were Community Development Director, Rob Strong, Planning Intern Jim Bergman and Public Works Engineer, Mike Linn. AGENDA REVIEW: No changes in the agenda were proposed. APPROVAL OF MINUTES - The minutes of May 6, 2003 were unanimously approved with a correction to clarify that Commissioner Keen supported recommending to Council the certification of the FEIR, Creekside Center, Conditional Use Permit Case No. 01 -001 and Vesting Tentative Tract Map Case No. 01 -002, but he did not support the added mitigation measure introduced by Commissioner Brown. ORAL COMMUNICATIONS: None CITY OF ARROYO GRANDE SPECIAL MEETING - PLANNING COMMISSION JUNE 3, 2003 WRITTEN COMMUNICATIONS: 1. Continued Item: Development Code Amendment Case No. 02 -006; Applicant — City of Arroyo Grande; Location — Village of Arroyo Grande. This item will be continued to June 17, 2003 meeting and will be re- noticed for that date: 2. Memo from Public Works dated June 2, 2003, re Public Hearing Item 11.A. — Conditions of Approval. 3. Letter dated June 2, 2003 from Keith Slocum re Public Hearing Item II.A.— requesting waivers for sidewalk, undergrounding and affordable housing fees on existing house at 159 Pine Street. 4. Letter dated May 29, 2003, from Patrick Morrow regarding Public Hearing Item 11.A. - Variance 02 -002 and Tentative Parcel Map 03 -003, Location — 159 Pine Street. 5. Memo re Cal Poly Presentation on June 11, 2003 at 5:00 p.m. regarding the Midway Section East Grand Avenue for the Revitalization and Facade Enhancement Program. PUBLIC HEARING ITEM - VARIANCE CASE NO. 03 -002 & TENTATIVE PARCEL MAP CASE NO. 03 -003; APPLICANT — KEITH SLOCUM; LOCATION — 159 PINE STREET. Staff report prepared and presented by Ryan Foster, Planning Intern. Mr. Strong introduced the project stating this was a proposal to subdivide a 0.35 -acre lot into two residential lots with a variance to deviate from the minimum lot depth, and access driveway width. The applicant has requested relief from the 6% in -lieu fee. Vice Chair Brown opened the hearing to the public. Keith Slocum, applicant, addressed his request for waiving of undergrounding of utilities and sidewalk requirements, explained the access issue and the oak tree mitigation measures with respect to the driveway, the revised parcel map showing the double easement configuration as an alternative t o t he f lag configuration. I n addition, h e stated t hat as a mitigation any paving within the drip line of the oak tree would be required to be a permeable surface. He concluded by stating that he did not understand why a 6% in -lieu PLANNING COMMISSION MINUTES PAGE 2 JUNE 3, 2003 fee was required for this project and that it would greatly affect the affordability of the existing house for his client. Roy Berger, 329 Sunrise Drive, member of the Housing Element Update Task Force, recommended that the Commission not waive the 6% in -lieu fee because there is a need to get funding for low- income housing and in fact the in -lieu fees would probably be higher in the future to encourage the affordable housing. George Poladian, tenant, 159 Pine Street, requested the 6% fee be waived because if more fees were applied he would not be able to afford to purchase the house in the future (has four children, single income). Myron May, 1 54 Walnut Street, n eighbor, stated h e would a Iso I ike t o s plit h is I of i n t he future and wanted to know if he would also be allowed a variance if this proposal was approved. Mr. Strong informed Mr. May that each case is considered on a case -by -case basis and his application would have to go through a public hearing. Vice Chair Brown closed the public hearing. The Commission made the following comments: • The density bonus (6% in -lieu fee) should be adhered to, but Commissioner Brown stated that the percentage of the fee could be adjusted for the existing house. • Waiving of undergrounding of existing utilities in back of the lot and sidewalk would be acceptable (with a new service lateral underground). • The narrow width of driveway despite two easements was not viewed favorably. • Sprinkling of the new building was essential for a back property on a flag lot; an additional fire hydrant is an additional mitigation required for the existing house and area due to existing deficiency. After further discussion Mr. Slocum said he would like to continue the project to consider alternatives for discussion with neighbor properties so as to improve access instead of the easement or narrow flag lot configuration. Commissioner Arnold made a motion, seconded by Commissioner Fowler to continue the hearing on the Tentative Parcel Map Case No. 03 -003 and Variance Case No. 03 -002 to the June 17, 2003 meeting. The motion was approved on a 4/0 voice vote, Chair Guthrie being absent. PUBLIC HEARING ITEM - SPECIFIC PLAN AMENDMENT CASE NO.02 -002 & TENTATIVE MAP CASE NO. 02 -003; APPLICANT — MATSUMOTO REVOCABLE TRUST; LOCATION — 1595 EAST GRAND AVE. Staff report prepared by Ryan Foster, Assistant Planner. Mr. Strong introduced the project explaining that this was a proposal to subdivide a 1.5 -acre lot into nine (9) residential lots on a portion of subarea 3 of Berry Gardens and that it was in substantial conformance with the Pre - Application that was previously reviewed by the Commission. 1 1 1 1 1 1 PLANNING COMMISSION MINUTES PAGE 3 JUNE 3, 2003 Commissioner Brown questioned that because this is a small subdivision could the in -lieu fee be considered? Mr. Strong replied that there are provisions in the current Development Code and the former Housing Element that give an exemption when less than 12 lots are being created and it was possible to either pay a fee, provide lots or conduct a study. However, the Commission has the option to recommend up to 25% of the development to be affordable. Vice Chair Brown opened the hearing to the public. Terry Orton, Westland Engineering, stated that as they were using the same Specific Plan as Berry Gardens so they would like consistency w ith them. The applicants were not in favor of the providing the 25% affordable requirement and that the in -lieu fee would be preferable. He asked that language be added to Condition No. 13, re sprinklers, to state, "...if required by Fire Department" and stated that they would be installing a fire hydrant in the cul -de -sac. Commission Comments and Questions: • Commissioner Keen said the project was consistent with Berry Gardens; he could agree to change the language on Condition No. 13; Commissioners Arnold, Brown and Fowler also agreed with the language change. • Commissioner Arnold said he was in favor of the affordable housing requirement, but he was opposed to the in -lieu fee. • Commissioners Fowler said although she preferred lots or homes for the affordable housing requirement the in -lieu fee was acceptable for this . proposal as this would be consistent with Berry Gardens. • Commissioner Brown said he was in not in favor of allowing the in -lieu fee and it was his opinion that affordable housing should have been asked for in Berry Gardens. However he could be flexible on the percent of units required. Vice Chair Brown closed the public hearing. Commissioner Keen made a motion, seconded by Commissioner Fowler to recommend that the City Council approve the Tentative Parcel Map 02 -003 & Specific Plan /Development Code Amendment 02 -002 with the amendment to Condition No. 13. The motion was at an impasse with the following roll call vote: AYES: Commissioners Keen and Fowler NOES: Commissioner Arnold and Brown ABSENT: Chair Guthrie After further discussion Mr. Orton said he would like to continue to City Council for their consideration, despite impasse on the affordable housing /in -lieu fee issue. PUBLIC HEARING ITEM - PLANNED UNIT DEVELOPMENT CASE NO. 03 -003 & TENTATIVE TRACT MAP 03 -001; APPLICANT — RICK WHEELER; LOCATION — 185 & 187 BRISCO ROAD. Staff report prepared by Ryan Foster, Assistant Planner. PLANNING COMMISSION MINUTES PAGE 4 JUNE 3, 2003 Mr. Strong introduced the project stating that this was a proposal to subdivide two half -acre lots into twelve (12) residential lots consisting of single - family attached housing. He explained that the Planned Unit Development was within a multifamily zone and that a prior single - family alternative had been a concern during the Pre - Application Review as well as on -site drainage. Commissioner Keen asked for clarification on the statement from ARC notes that "secondary access would be provided in lieu of fire sprinklers in all homes ", and that the Fire Chief had verified that because of the 20 -foot wide private road, sprinklers would be required. Mr. Strong said he would confirm with the developer that all of the units would be sprinkled. The Commission recommended that a least 25% affordable units should be required. Commissioner Fowler asked if there were restrictions that could be put on any of the units to make them ADA assessable (Roy Berger, Housing Task Force member had asked for clarification on this). Mr. Strong said he would confer with the Building Department to research this. Vice Chair Brown opened the hearing to the public. Lenny Grant, project architect, stated the project had been revised according to comments received from the Commission at the two prior reviews of the Pre - Application. The issue of the on -site drainage had been addressed and they were proposing to install infiltration basins underground in the parking courts. Vice Chair Brown closed the public hearing. Commissioner Comments: • Commissioner Keen commented that the developer had done a wonderful job on revising the project and meeting the goals set by the Commission. The square footage and cost had been reduced on the units as requested and consideration should be given to allowing the in -lieu fee instead of the affordable housing in this case. • Commissioner Arnold recommended that these units would not be affordable and recommended that affordable units should be required. • Commissioner Fowler said she liked the project, but would not recommend in -lieu fee in this case. Ms. Fowler stated that affordable housing is our goal and this project is 12 units, 25% of which could be restricted. • Commissioner Brown agreed with Commissioner Fowler regarding the affordable housing requirements and that 25% affordable should be required. Commissioner Keen stated that there are several classes of affordability and this project meets one of the classes that the City is trying to fulfill; he felt the in -lieu fee of 6% should be acceptable. 1 1 1 1 1 1 PLANNING COMMISSION MINUTES PAGE 5 JUNE 3, 2003 Commissioner Arnold made a motion, seconded by Commissioner Fowler, to approve the Tentative Tract Map 03 -001 and Planned Unit Development 03 -003 with the following amendment: 1. Three (3) affordable units required. and adopt: RESOLUTION 03 -1873 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE A PPROVING TENTATIVE TRACT M AP 03 -001 A ND PLANNED UNIT DEVELOPOMENT 03 -003 LOCATED AT 185 AND 187 BRISCO ROAD APPLIED FOR BY RICK WHEELER The motion was approved on the following roll call vote: AYES: Commissioners Arnold, Fowler and Brown NOES: Commissioner Keen ABSENT: Chair Guthrie The foregoing resolution was adopted this 3rd day of June 2003. Mr. Grant asked if the applicant could provide Tots to the Housing Authority for affordable housing development. Mr. Strong said because the condition is written using the word "units" this would not be possible, but they could return to the Commission to ask for modification of the condition, if necessary. The Commission took a 3- minute break. NON - PUBLIC HEARING ITEM - TIME EXTENSION CASE NO. 03 -001; APPLICANT — JAMES P. DOTSON; LOCATION — 801 HAUSNA. Staff report prepared and presented by Jim Bergman, Planning Intern. The Planning Commission considered a Time Extension on Tentative Tract Map Case No. 01 -002, Tract 2275. Mr. Bergman presented the Time Extension staff report explaining the project. Terry Orton, Westland Engineering, representative, addressed concerns regarding the wall and the concern of the Fire Chief regarding current emergency vehicle access to the project site during construction. Commissioner Keen made a motion, seconded b y C ommissioner A rnold, t o approve the Time Extension to the Tract Map with the condition that an unobstructed road be provided and maintained at all times during site preparation and construction and adopt: PLANNING COMMISSION MINUTES PAGE 6 JUNE 3, 2003 RESOLUTION 03 -1874 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TIME EXTENSION 03 -001 FOR VESTING TENTATIVE TRACT MAP 2275, LOCATED AT 801 HUASNA ROAD, APPLIED FOR BY JAMES DOTSON The motion was approved on the following roll call vote: AYES: Commissioners Keen, Arnold, Brown and Fowler NOES: None ABSENT: Chair Guthrie The foregoing resolution was adopted this 3rd day of June 2003. NON - PUBLIC HEARING ITEM - STREET NAME CHANGE CASE NO. 03 -002; APPLICANT — CITY OF ARROYO GRANDE; LOCATION — PAULDING CIRCLE. Staff report prepared and presented by Rob Strong, Community Development Director. The Planning Commission considered a street name change from Sterling Drive to Paulding Circle for a private one -way street within East Village Plaza. Mr. Strong explained the reasons for the requested street name change from Sterling Drive to Paulding Circle for a private one -way street within East Village Plaza. Commissioner Keen made a motion, seconded by Commissioner Arnold to recommend approval by the City Council of the street name change from Sterling Drive to Paulding Circle. The motion was approved on a 4/0 voice vote, Chair Guthrie being absent. PLANNING COMMISSION ITEMS AND COMMENTS: Commissioner Keen stated that after reading ARC notes of May 5, 2003 on the S &S Homes project on El Camino, asked if this would be returning to the Commission for further review. He noted that the changes reviewed by the ARC were more extensive than the Commission were aware of. In addition, he had noted that an alternative to sprinklers had been given, but he understood from the Fire Chief that sprinklers must be installed. Mr. Strong replied that he had some concerns with this project in respect to the affordable housing issue and the Time Extension that had been granted and he would pursue Commissioner Keen's concerns in addition to the affordable housing issue. The Commission agreed that 25% affordable housing would be in order. Commissioner Fowler requested the following updates: • Re a request from Roy Berger were there any conditions that could be applied to new private projects for ADA accessibility: Mr. Strong said he would ask the Building Department to confirm ADA requirements. • The La Tapatia Market — because they had vacated the building: Mr. Strong said any non - confirming aspect to the property would have to be brought into conformance because approval. 1 1 1 1 PLANNING COMMISSION MINUTES PAGE 7 JUNE 3, 2003 • The carpet store at the Loomis site: Mr. Strong said there is a proposed building addition for storage and extension of retail and it is consistent with the East Village Plaza PUD. Commissioner Brown asked for an update on the half way house on East Cherry: Mr. Strong gave an update and stated that Code Enforcement is requesting that a CUP be applied for. Commissioner Keen asked if City Ordinances were adequate for today's laws on adult businesses? Mr. Strong said he would ask the City Attorney to review the regulations. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP: Mr. Strong said the Planning Commission By -laws would to be reviewed and updated to reflect the change of hours from 7:00 p.m. to 6:00 p.m. and any other changes in the near future at a meeting where all Commissioners would be present. ADJOURNMENT — The meeting was adjourned at 8:45 p.m. on a motion from Commissioner Brown, seconded by Commissioner Keen. ATTEST: LY N REARDON- SMITH, COMMISSION CLERK A. O C? TE ROB STRONG, COMMUNITY DEVELOPM NT DIRECTOR 1■W■ TIM BR' , VICE CHAIR 1 1 1