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PC Minutes 2001-09-18MINUTES CITY OF ARROYO GRANDE PLANNING COMMISSION SEPTEMBER 18, 2001 PAGE 1 CALL TO ORDER Chair Costello called the regular meeting of the Planning Commission of the City of Arroyo Grande to order at 7:00 p.m. ROLL CALL X Commissioner Brown X Commissioner Fowler X Commissioner Guthrie X Vice -Chair Keen X Chair Costello PLEDGE OF ALLEGIANCE The Planning Commission observed a moment of silence in recognition of the American tragedy of September 1 1, 2001. APPROVAL OF MINUTES The minutes of July 3, 18, 19 and August 21, 2001 were unanimously approved as written. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS Items handed out after the agenda preparation: 1. Rights of a Vesting Tentative Map. 2. Notice of Preparation for an EIR for Conditional Use Permit Case No. 01 -001 and Vesting Tentative Tract Map 2426, located at 415 East Branch Street. II. PUBLIC HEARING ITEMS A. CONDITIONAL USE PERMIT CASE NO. 01 -008; APPLICANT - MULLAHEY FORD; LOCATION - 330 TRAFFIC WAY Assistant Planner, Ryan Foster, presented the staff report and stated the applicant proposes to expand two (2) existing structures located at 330 Traffic Way. The site contains three (3) service shops and a sales office. The proposed expansion would provide an additional 450 square -feet of office /storage space and 480 square -feet of shop space. All new construction will match existing buildings. The scope of the Conditional Use Permit will include this expansion and also approve the existing use of the site, as a Conditional Use Permit has never been approved for this project. Commissioner Guthrie asked if the sidewalk on the Creekside Promenade would connect to the sidewalk at Fairoaks Avenue? Rodger Olds, Public Works, said when the project is finished there will be a sidewalk from Fair Oaks, along Station Way to where the existing driveway is now, that will meander through the site and work its way back up to Traffic Way. MINUTES PLANNING COMMISSION SEPTEMBER 18, 2001 PAGE 2 Public comment opened: Mike Mullahey, representative, spoke giving the reasons why they need the expansion and why they would like a waiver on the sidewalk requirement. He said they would like to move to a location with more space, but there is nowhere else for them to relocate their business within the City. Commissioner Brown stated that he had noticed that the two -hour parking on Station Way was not being enforced and asked if the parked vehicles were from Mullahey Ford? Mr. Mullahey said the City had issued them 40 parking passes for Station Way, but he had not noticed a sign. Commissioner Guthrie then asked if there had been any previous Conditional Use Permits issued on this property? Kerry McCants, Community Development Director, said there had been two previous improvements made and approved by the Architectural Review Committee, but no Conditional Use Permit had been issued. Mr. Mullahey Sr., applicant, said their main concern is parking and every space they can get is very valuable. They consider their business to be a great financial asset to the City because of the sales tax revenue they bring in. Requiring them to put in a sidewalk would effect the parking and be a burden on their business. Public comment closed. Commissioner Brown said he thought the parking issue was a safety hazard, but he also understood how valuable this business is to the City. Commissioner Fowler said she agreed with Commissioner Brown. In addition, she believed that there were quite a few businesses in the City that were not up to date on Conditional Use Permits. Commissioner Keen said he also understood the burden that could be put on this business, but wondered if there was not any way a compromise could be made on the sidewalk issue. He suggested that a pathway be put in between the first row of cars so pedestrians would not have to walk in the street. However, he did not want to make this a condition of approval. Commissioner Guthrie stated that the applicant is asking for a small increase in the footprint. He also agreed that it would put a burden on this business to require them to put in a sidewalk. Additionally, he said that in the future there will be a sidewalk that goes the length of Station Way via the Creekside Promenade so pedestrians would have a way to walk to the Village using a sidewalk. 1 MINUTES PLANNING COMMISSION SEPTEMBER 18, 2001 PAGE 3 Chair Costello agreed that it would be an undue burden to reduce the size of the lot in terms of display. To require the sidewalks to be put in would cause them to lose at a minimum 8 parking spaces. Commissioner Brown moved that the Planning Commission adopt: RESOLUTION NO. 01 -1803 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 01 -008, APPLIED FOR BY MULLAHEY FORD including Exhibit 'A' and eliminating the Conditions 13 and 14 from Exhibit 'A'. Commissioner Guthrie seconded the motion. The motion was approved by the following roll call vote: ROLL CALL VOTE Yes Commissioner Brown Yes Commissioner Fowler Yes Commissioner Guthrie Yes Commissioner Keen Yes Chair Costello B. AMENDED CONDITIONAL USE PERMIT CASE NO. 01 -001; APPLICANT - AGRA LLC; LOCATION - FIVE CITIES CENTER, PHASE II Associate Planner, Kelly Heffernon, presented the staff report, stating that the applicant has submitted an Amendment to the 5- Cities Center Conditional Use Permit to change the allowable uses and footprints of certain buildings located in Phase II. Specifically, the proposed changes are to: 1. Modify the land use designation of Building L from restaurant to commercial retail, and move it approximately 40 feet closer to West Branch Street; 2. Allow 4,095 square feet of restaurant space in Building J with patio seating located between Buildings J and K; and 3. Decrease the size of Building M from 6,500 to 5,000 square feet. The net result of these changes is to increase the amount of commercial retail space by about 1,900 square feet and remove about 1,400 square feet of restaurant space within the Phase II area. Since restaurant uses have a higher parking ratio than retail commercial the parking is not impacted by the proposed modifications. For clarification purposes, she advised that the Planning Commission consider limiting the number of tables allowed in the outdoor patio area, or limit the square footage. The plans currently show 7 tables, which equals roughly 700 square feet. As proposed, 7 parking spaces are required for the outdoor seating area, which are not included in the parking MINUTES PLANNING COMMISSION SEPTEMBER 18, 2001 PAGE 4 analysis shown on the Site Plan. However, since there is more than adequate parking, this added clarification would have little impact on the parking situation. Ms. Heffernon stated that staff recommends the Planning Commission adopt Resolution No. 01 -1804, as amended regarding the patio seating area, thereby recommending approval of the proposed Amended Conditional Use Permit to the City Council. The Planning Commission asked for clarification as to where the buildings were to be located and how the parking spaces were calculated. Open Public Comment Grant Harris, Representative for AGRA, Five Cities Center. Mr. Harris said the patio area between Trader Joe's and Building 'J' is a non - exclusive common use area. The Management Company for the center will be in charge of this area. He then explained the relocation of Pad 'L', what was proposed for Pad 'M', and that they would have to redesign Pad 'I' in the future. He said the patio on Building 'M' is enclosed and has approximately 300 -sq. ft. of outdoor seating. Other concerns of the Planning Commission were: ■ Would building 'M' be suitable for other tenants if the proposed use did not work out? • Would any proposed permanent fixtures be added to the buildings in relation to the outdoor patio area? • Would there be a second entrance on the end of the building 'J' facing the patio area? ■ Would there be waitress service on the patio area? Mr. Harris said he did not perceive any problem with leasing to other tenants if the proposed use did not work out. They had other parties interested in leasing this building, but they wanted to make sure they had a "high end" tenant. They had not yet addressed how they would finish the patio, but there would not be an entrance or exit in this area. No additional permanent fixtures on the buildings would be allowed. There would be no waitress service in the patio area. Mike Leberman - Nadel Architects, Inc. Mr. Leberman stated that originally the buildings were envisioned to have a lot of restaurant use. Public comment closed. Commissioner Fowler commented that she thought this location would be a wonderful place to have a restaurant. Commissioner Keen stated that in the original Conditions of Approval, encompassing Phase II, the landscaping /irrigation for the hillside was to be installed before the issuance of a Certificate of Occupancy. Planning Commission spent a lot of time on the landscaping plan and he asked if this condition had been deleted. He questioned how Trader Joe's was allowed occupancy without the conditions being met. MINUTES PLANNING COMMISSION SEPTEMBER 18, 2001 PAGE 5 Kerry McCants, Community Development Director, said the condition had not been deleted and he had spoken to the Management Company on more than one occasion. He suggested an additional condition be imposed related specifically to this. Commissioner Keen stated that the alternative would be to either not hear this until the condition has been met, go ahead with the project and condition it that the condition is met before moving ahead with anything, or say they can go ahead with the building, but not have occupancy until the condition is met. Rodger Olds, Public Works, said it was his understanding that the occupancy for Trader Joe's was given without final completion of certain items on the Conditions of Approval. The uncompleted items were bonded for, but he was not sure if the landscaping condition was bonded for and he would check on this. Mr. Olds stated that in the near future they would be issuing the owners a list of items that have to be completed, requesting them do the work or the bond may be released and Public Works would then do the work. Commissioner Keen suggested that the applicant not be given occupancy until the landscaping condition had been met. Commissioner Guthrie stated that he would like a condition added that would limit the patio size on the patio on Building 'M', and also specify the ultimate seating capacity between Buildings 'K' and 'L'. Mr. Harris said he would like a specific list of items that would need to be completed before occupancy would be allowed. They would like to have assurance that upon completion of these items they would be given occupancy, otherwise they could lose tenants. Rodger Olds said that a list of items would be ready in about two weeks. After further discussion, the Planning Commission concluded that the landscaping should be completed before occupancy was allowed. Commissioner Keen made a motion to recommend to the City Council that they approve Amended Conditional Use Permit 01 -001, and adopt: RESOLUTION NO. 01 -1804 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 01 -001, APPLIED FOR BY AGRA, LLC, LOCATED AT FIVE CITIES CENTER, PHASE II (RANCHO PARKWAY WEST BRANCH STREET) including Exhibit 'A' with following additional conditions: MINUTES PLANNING COMMISSION SEPTEMBER 18, 2001 PAGE 6 1. The seating capacity between Buildings 'K' and 'L' shall be limited to 28 persons and the patio area for Building 'M' shall be limited to 400 square feet. 2. The landscaping on the bank adjoining St. Patrick's School and West Branch Street shall be completed per the approved landscape plan prior to issuing a Certificate of Occupancy. Commissioner Brown seconded the motion. The motion was approved by the following roll call vote: ROLL CALL VOTE Yes Commissioner Brown Yes Commissioner Fowler Yes Commissioner Guthrie Yes Commissioner Keen Yes Chair Costello II. NON - PUBLIC HEARING ITEMS A. TIME EXTENSION CASE NO. 01 -002 FOR VESTING TENTATIVE PARCEL MAP CASE 99 -002; APPLICANT - BRUCE & MARGARET SUMMERS; LOCATION - 1470 NEWPORT AVENUE Ryan Hostetter, Planning Intern, said that this is a single- family residence with circular driveway, detached garage with breezeway, and three (3) accessory structures currently occupy the property. Tentative Parcel Map 99 -002 was approved on September 7, 1991 to create two parcels consisting of 30,541 .5 and 13,292.4 square feet, respectively. The majority of the lots on Newport Avenue are between 5,000 and 20,000 square feet and are developed with single - family residences. Commissioner Guthrie asked for further clarification on how the property was to be split. Bruce Summers, applicant said it was a linear split approximately a 1/3 split. Commissioner Guthrie moved that the Planning Commission adopt: RESOLUTION NO. 01 -1801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING A ONE -YEAR TIME EXTENSION FOR VESTING TENTATIVE PARCEL MAP CASE NO. 99 -002, LOCATED AT 1470 NEWPORT AVENUE, APPLIED FOR BY BRUCE AND MARGARET SUMMERS and approve the Time Extension as submitted. Commissioner Keen seconded the motion. The motion was approved by the following roll call vote: 1 1 1 MINUTES PLANNING COMMISSION SEPTEMBER 18, 2001 PAGE 7 ROLL CALL X Commissioner Brown X Commissioner Fowler X Commissioner Guthrie X Vice -Chair Keen X Chair Costello B. TIME EXTENSION CASE NO. 01 -003 FOR VESTING TENTATIVE TRACT MAP 2260; APPLICANT - BERRY GARDENS, LLC; LOCATION - EAST OF OAK PARK BLVD, SOUTH OF EAST GRAND AVENUE, NORTH OF ASH STREET Ryan Hostetter, Planning Intern, said the applicant has requested a one -year time extension to complete the Conditions of Approval for Phases 2 and 3. The Subdivision Map Act, and Development Code Section 9- 02.140, provides that a tentative tract map shall expire 24 months after its approval. The original approval on September 22, 1998 was extended once until September 22, 2001. The final map for phases 2 and 3 have not yet been recorded as some Conditions of Approval for Public Works have yet to be satisfied. Commissioner Brown asked what the Conditions were that have not been completed. Rodger Olds, Public Works, said the Conditions of Approval are really close to completion and they should be ready well within the year. Commissioner Guthrie moved to adopt: RESOLUTION NO. 01 -1802 DISCUSSION ITEMS None A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING A ONE -YEAR TIME EXTENSION FOR VESTING TENTATIVE TRACT MAP 2260 PHASES TWO AND THREE, GENERALLY LOCATED SOUTH OF EAST GRANDE The motion was seconded by Commissioner Keen to approve the Time Extension as submitted. The motion was approved by they following roll call vote: ROLL CALL X Commissioner Brown X Commissioner Fowler X Commissioner Guthrie X Vice -Chair Keen X Chair Costello MINUTES PLANNING COMMISSION SEPTEMBER 18, 2001 PAGE 8 PLANNING COMMISSION ITEMS AND COMMENTS Commissioner Guthrie asked Public Works, with respect to the camouflaging of the cell phone project, how many trees would be cut down for the City water tank replacement project? He also asked if it would come before the Planning Commission or go straight to the City Council? Rodger Olds, Public Works, said the revised plans show that quite a few trees will be cut down. Kerry McCants said the Mitigated Negative Declaration would be going to City Council on October 3, 2001, and then a grading permit would then be issued. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP REPORTS Kerry McCants confirmed that a public workshop is scheduled for October 4, 2001 to discuss the East Grand Avenue Master Plan, one from 7:30 a.m. - 9:00 a.m. and a repeat one from 6:30 p.m. - 8:00 p.m. In addition, a special joint Planning Commission /ARC meeting is scheduled to discuss the Village Design Guidelines at 6:00 p.m. on October 16, 2001. The General Plan Update has been rescheduled to October 3, 2001, City Council meeting. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:30 p.m. on a motion by Commissioner Keen, seconded by Commissioner Fowler and unanimously carried. ATTEST: Lyn eard Ly on- Smith, Commission Clerk Jo eph Costello, Chair AS TO C • TE T: /111. _ Kerry L. Mc ants, Comm y Development Director 1