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PC Minutes 2002-03-05MINUTES REGULAR MEETING OF THE PLANNING COMMISSION MARCH 5, 2002 CALL TO ORDER The Arroyo Grande Planning Commission met in regular session with Chair Costello presiding. Present were Commissioners Brown, Fowler, Guthrie, and Keen. Also in attendance were Community Development Director Rob Strong, Associate Planner Kelly Heffernon, Associate Planner Teresa McClish, and Public Works Engineering Assistant Rodger Olds. APPROVAL OF MINUTES - None ORAL COMMUNICATIONS Dean Coker, Senior Planner, Castlerock Development presented a report on proposed TTM 01-001/PUD 01 -001, otherwise known as Tract 1998, regarding the final stages of development of Rancho Grande and the exploration of an alternative location for the 36 home project, specifically Rancho Grande Park site. WRITTEN COMMUNICATIONS 1. Correction to Exhibit 'A', Conditions of Approval for Conditional Use Permit Case No. 02 -002, La Tapatia Restaurant, 504 East Grande Avenue. 2. Memo from Public Works to Community Development regarding CUP 00 -019 and Tentative Parcel Map 00 -007 (Long's Project) requesting modification of two conditions. NON PUBLIC HEARING - VARIANCE CASE NO. 01 -005; APPLICANT - BRIAN STOTE; LOCATION - 1249 MONTEGO - RESOLUTION OF DENIAL Commissioner Guthrie made a motion, seconded by Commission Fowler, to adopt the Resolution denying Variance Case No. 01 -005 in accordance with the actions of the Commission at its meeting of February 19, 2002: RESOLUTION NO. 02 -1833 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION DENYING VARIANCE CASE NO. 01 -005 TO EXCEED THE FLOOR AREA RATIO (FAR) FOR A SINGLE FAMILY RESIDENCE, LOCATED AT 1249 MONTEGO STREET, APPLIED FOR BY BRIAN STOTE AYES: Commissioner's Brown, Fowler, Keen, Guthrie and Chair Costello NOES: None ABSENT: None The foregoing resolution was adopted this 5th day of March 2002 MINUTES PLANNING COMMISSION MARCH 5, 2002 PAGE 2 PUBLIC HEARING — CONDITIONAL USE PERMIT CASE NO. 02 -002, APPLICANT — EFRAIN RANGEL; LOCATION — 504 EAST GRAND AVENUE. Staff report by Teresa McClish. Ms. McClish explained that the applicant wished to include a restaurant within the existing La Tapatia market and that the Development Code requires any change in use at a converted gas station to be addressed as a Conditional Use Permit. She further stated that within the existing market the applicant proposes to serve hot food and include approximately 300 square foot dining area indoors; additional seating is proposed on the approximately 500 square foot outdoor area in combination with additional landscaping and planters. The parking area will be restriped, new perimeter landscaping will be installed and the sidewalk and driveway approaches modified in accordance with City standards. There are no proposed changes to the building exterior. Signage at the site consists of a 20 -foot tall pole sign and a wall sign that are non- conforming and are required to be removed with Condition of Approval No. 5. The owner of the property, Time Oil, has agreed to remove the pole sign. As the wall sign has historically been used for a market and the size of the lettering has not been changed, the applicant is requesting an exception to Condition No. 5 for approval of the wall sign. Condition No. 15 to remove the overhead utilities along Grand Avenue will be addressed in the Grand Avenue Project. Staff recommends that the applicant be given a one -year time period to complete the improvements. Commissioner Guthrie asked if the portable storage unit behind the building on Oak Street was going to remain. Ms. McClish said it had not been included in the Conditional Use Permit. PUBLIC COMMENT Efrain Rangel, the applicant, spoke with David Zubin, the interpreter, translating at the same time. Mr. Rangel said he had been quoted a number of different prices for the project applications and did not understand why. He further stated that the lettering on the wall sign had been changed, but the size of the sign had not been changed. He then described the process they had gone through with the City expressing frustration by the procedure. Chair Costello asked the applicant if he understood the Conditions of Approval for the Conditional Use Permit. Mr. Rangel said he did not understand the Conditions of Approval. Chair Costello advised: the applicant that the project would be tabled to give them time to study the Conditions of Approval. Mr. Rangel agreed to do this. 1 1 1 1 MINUTES PLANNING COMMISSION MARCH 5, 2002 Anna Marie Michand, 4486 12` Street, Guadalupe, La Tapatia Market, said she began to help Mr. Rangel with the project about halfway through the process of applying for the permit. Ms. Michand said there had been a lack of communication with the City and that Mr. Rangel had spent a lot of money trying to conform to what was required. Tabled to the end of the meeting. PAGE 3 PUBLIC HEARING — AMENDED CONDITIONAL USE PERMIT CASE NO. 02 -001, APPLICANT — DEBLAUW BUILDERS INC; LOCATION — 1070 EAST GRAND AVENUE. Continued to the regular Planning Commission meeting of March 19, 2002 due to noticing error. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 00 -019; APPLICANT — E. F. MOORE & CO; LOCATION — SOUTHEAST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET. Staff Report by Kelly Heffernon. Ms. Heffernon said this project has been reviewed several times as a Pre - Application over the past two years and has been revised in response to comments from the Architectural Review Committee, Planning Commission and City Council. Similar to previous submittals, the project involves constructing a commercial shopping center, including a Longs Drugstore and two specialty retail buildings with 103 parking spaces. The site plan identifies two possible future access points to the adjacent property, which if installed, would eliminate five parking spaces. The intent of showing this is to demonstrate how the circulation and integration might work with the adjacent commercial property, consistent with the East Grand Avenue Enhancement Plan. Different from previous submittals, the applicant proposes to dedicate or sell the back half of the 6 -acre property to the City for purposes of expanding the existing drainage retention basin to include a broader drainage area. Also different from earlier submittals, the buildings are located closer to the East Grand Avenue frontage; the architecture has been changed to a "Contemporary Mediterranean" style; and an ATM kiosk is located in the entrance plaza area. The project is mostly in compliance with the General Commercial site development standards given the proposed lot configuration, except for the rear setbacks of Parcels 2 and 3, the height of some of the tower elements, and the lot depth of Parcels 2 and 3. A Variance is therefore required to approve the project as proposed, which the applicant intends to submit for consideration at the Planning Commission's April 16, 2002 meeting: Otherwise the project is consistent with previous Planning Commission and Council direction. MINUTES PLANNING COMMISSION MARCH 5, 2002 PAGE 4 In response to the ARC comments in February the applicant returned to the ARC March 4 to review revised color samples, architectural details on the north and east side of Building "B ", and a revised landscape plan. The ARC was satisfied with the revisions, but further recommended that the Planning Commission add a condition to place a couple more trees within the parking area along the east side of the drugstore, and to plant several Coast Redwoods between the Australian Willows along the south and east property lines. Public Works would like to amend Condition of Approval No. 16 to read "Inspection Agreement" instead of "Improvement Agreement ", and to add a mitigation measure regarding payment of fair share costs for the Ash Street sewer upgrade, as stated in the memo to Planning Commission tonight. The Planning Commission had questions with respect to the turn lanes and driveways into the project. Rob Strong explained that Long's was originally envisioning a driveway exclusive to their property, but now they are facilitating two shared driveways that may connect to the developed property at the corner and that might enable driving from Courtland Street to Juniper Street through the parking lots of the three properties. Commissioner Guthrie asked how large the retention basin was proposed to be. Rob Strong replied that it would be triple the capacity and double the area and because the existing Poplar ponding basin is severally undersized it will be marginally adequate. He then gave the Planning Commission an update on the Poplar ponding basin progress. Chair Costello noted there were no conditions for the buildings to be sprinkled. Rob Strong said all of the commercial buildings would be required to be sprinkled. Chair Costello said he had a further concern with the mitigation of water use for all future projects and how effective the programs were that are already in place to minimize water use in general. He asked if there is enough water to permit this type of growth and other infill growth in the City and how much water we have. Rob Strong replied that this type of development would be a very low water consumer. He further stated that it is not extensively landscaped and not envisioned to have tenants who will be high water consumers. Older commercial and larger scale residential developments would achieve much better results from retrofit. He further stated that there is adequate water supply for this development and the foreseeable needs for infill. He said he believed it would be 10 -15 years before population buildout (20,000) would be approached. Additional water studies in terms of the resources of both Lopez and groundwater will be forthcoming and they could decrease or increase. 1 1 1 1 MINUTES PLANNING COMMISSION MARCH 5, 2002 PAGE 5 PUBLIC COMMENT Chris Finn, Long's Drug Representative, and Ted Moore Applicant for the project, presented a brief background, history and update on the proposed development. Commissioner Fowler noted that the trash container seemed a long way from the commercial buildings. Ted Moore stated that because the buildings were up front the trash containers could not be, but the tenants would just have to carry their trash a short distance. Commissioner Brown asked if less sales tax revenue was anticipated because of the reduction in the Long's store size. Ted Moore said that average store sales are still the same even with the smaller size as the less profitable lines are eliminated. END OF PUBLIC COMMENT Commissioner Guthrie- - He thought this was a better project than the previous one and would provide a good entrance to the City. He was disappointed that there would not be a combined driveway although he understood it would not be possible. - When the City reviews the development of the retention basin he hoped they would leave enough space for a pedestrian access path from the Berry Gardens and Ash Street area. Commissioner Fowler said the project was much improved from the previous submittals. Commissioner Brown complimented staff and the applicant on their fortitude with this project, but still had concerns that- - This project would not add to the retention or expansion of local business. - The sales tax revenue and thought it had been wrongly stated previously. - The architectural renderings and the actual product would be the same. Commissioner Costello stated that the applicant had been very patient coming back to the Commission several times and that the project is now a very worthwhile one. The following motions were made: MINUTES PLANNING COMMISSION MARCH 5, 2002 A motion was made by Commissioner Fowler, seconded by Commissioner Keen, to approve Conditional Use Permit Case No. 00 -019, with a modification to add a mitigation measure for the payment of fair share costs for the Ash Street Sewer upgrade as identified in the Wastewater System Master Plan, and adopt: RESOLUTION NO. 02 -1829 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 00 -019, LOCATED AT 1405 EAST GRAND AVENUE, APPLIED FOR BY E. F. MOORE & CO. AYES: Commissioner's Brown, Fowler, Keen, Guthrie and Chair Costello. NOES: None ABSENT: None The foregoing resolution was adopted this 5 day of March 2002. A motion was made by Commissioner Fowler, seconded by Commissioner Guthrie approving Vesting Tentative Parcel Map Case No. 00 -007 with an amendment to Condition No. 16 that "Inspection Agreement" be changed to "Improvement Agreement ", and adopting: RESOLUTION NO. 02 -1830 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP CASE NO. 00 -007, LOCATION AT 1405 EAST GRAND AVENUE, APPLIED FOR BY E. F. MOORE & CO. AYES: Commissioner's Brown, Fowler, Keen, Guthrie and Chair Costello. NOES: None ABSENT: None The foregoing resolution was adopted this 5 day of March 2002. PAGE 6 PUBLIC HEARING CONTINUED - CONDITIONAL USE PERMIT CASE NO. 02 -002, APPLICANT - EFRAIN RANGEL; LOCATION - 504 EAST GRAND AVENUE. Ms. McClish said the applicant had reviewed all of the Conditions of Approval and has concerns with overhead utilities, the sidewalk and the signage. 1 1 1 1 MINUTES PLANNING COMMISSION MARCH 5, 2002 PAGE 7 Rob Strong addressed the mutual lack of communication between the applicant and staff, saying this site was formerly a service station and had been converted to a market without a Conditional Use Permit. La Tapatia wanted to expand on the deli and a Conditional Use Permit was required (and should have been previously required when the change from the service station to the market took place). Staff is recommending the wall sign be allowed, because it is a continuation of a previously legally non - conforming use and not substantially out of compliance. He further addressed the landscaping and the sidewalk. John Sanchez, Architect, spoke saying he had redesigned the plans for the applicant and they now showed: - More than enough parking. 24 -feet back -up parking spaces - all standard stalls. The right amount of parking for the interior seating. - They would like to keep the pole sign; it should grandfathered in. Commissioner Guthrie asked about the storage unit on the property. John Sanchez said it is removable if there is a requirement to do so. Chair Costello asked staff for clarification on the conditions and improvements the applicant would be required to complete. Ms. McClish replied: - A 3 -ft berm to screen parking within the landscape area. - New sidewalk, curb and gutter, adjoining the landscape area from the driveway to the corner. The applicant is requesting that the wall sign and the legally non - conforming pole sign remain. The applicant is asking for removal of the requirement for the undergrounding of the overhead utilities. Darlene Mack, Real Estate Broker and representative for Time Oil, spoke giving some of the history of the signs and saying that if the project is not approved in a timely manner the applicant's beer and wine license may be in jeopardy. Anne Marie Michand stated that the applicant would like to keep the pole sign to attract business and is an important factor to them. PUBLIC COMMENT CLOSED The Planning Commission had an extensive discussion about the signs and undergrounding of overhead utilities. Commissioner Guthrie said he thought the pole sign should be removed, but the wall sign was acceptable. MINUTES PLANNING COMMISSION MARCH 5, 2002 Commissioner Keen said due to safety concerns and part of the City undergrounding planning that is already in effect for East Grand Avenue, Condition #15 should be deleted and Condition #16, the sidewalk and curb requirement, should be completed. The non - conforming pole sign should be conditioned to remain for a period of time, but not be grandfathered in. Commissioner Fowler had no problem with the wall sign and thought the applicant should be allowed to keep the pole sign for a period of time. Commissioner Brown stated that the wall sign was acceptable, but the non- conforming pole sign should not allowed to remain for any period of time. Chair Costello suggested a change in the language for Condition No. 5. Commissioner Keen also expressed concern with the storage shed on the property; he noted it looked unattractive and should be removed. Commissioner Keen made a motion, seconded by Commissioner Fowler, to approve Conditional Use Permit Case No. 02 -002 with the following amendments to Exhibit 'A': 1. Condition No. 5 to read: "The existing pole sign shall be removed within two years. The applicant shall submit a sign application prior to installing new signage." 2. Strike condition No. 15, regarding undergrounding existing overhead utilities. 3. Add a condition that states: "The portable storage building shall be removed within two years of date of approval. 4. Condition No. 10, should read: "The applicant shall include City approved street trees in planting areas to match the diagram submitted by "Sanchez - Chew and Associates" (Exhibit B1), and adopt: RESOLUTION NO. 02 -1828 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDTIONAL USE PERMIT CASE NO. 02 -002, LOCATED AT 504 EAST GRAND AVENUE, APPLIED FOR BY EFRAIN RANGEL AND FABIAN LOPEZ, LA TAPATIA MARKET AND DELI AYES: Commissioner's Fowler, Guthrie, Keen, and Chair Costello NOES: Commissioner Brown ABSENT: None The foregoing motion was adopted this 5th day of March 2002. PAGE 8 1 1 1 1 MINUTES PLANNING COMMISSION MARCH 5, 2002 DISCUSSION ITEMS None PLANNING COMMISSION ITEMS AND COMMENTS None PAGE 9 COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP REPORTS. Rob Strong noted that LAFCO had completed its first Sphere of Influence update study for the City of Pismo Beach. He distributed a copy of the report and a copy of his comment letter to the Planning Commission for their review explaining that the comment period ends March 14, 2002; any comments would have to be submitted to LAFCO by April 18 when LAFCO will meet again. He further stated that the City intends to work with LAFCO starting in May to begin the City of Arroyo Grande's sphere update study. The Planning Commission agreed to add this item for discussion to the next regular Planning Commission meeting of March 19, 2002. Rob Strong then gave the dates and times for the Historic District Design Guidelines workshops scheduled for April and May, 2002. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:15 p.m. on a motion by Chair Costello, seconded by Commissioner Fowler, and unanimously carried. ATTEST: Lyn Reardon - Smith, Commission Clerk Rob Strong, Community Development i rector Joseph M. Costello, Chair LY/' I 1 1 1