PC Minutes 2000-12-051
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CALL TO ORDER
Chair Greene 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 Costello
X Commissioner Keen
X Commissioner London
X Vice -Chair Parker
X Chair Greene
APPROVAL OF MINUTES
On motion of Commissioner Costello, seconded by Commissioner London, the minutes of
November 21, 2000 were approved as amended.
ITEM I.
I.A. ORAL COMMUNICATIONS
None
1.B. WRITTEN COMMUNICATIONS
1. Copy of a letter written to the City by Marie Kastenek regarding Conditional Use
Permit 00 -015, Horizon Senior Housing, dated 12/1/00.
2. Memorandum from Diane Sheeley, Economic Development Director regarding
the Horizon Senior Housing Project, dated 12/4/00.
3. Memorandum from Rodger Olds, Associate Engineer, regarding Conditional Use
Permit 00 -015, Horizon Senior Housing, dated 12/5/00.
4. Corrected pages 14 through 18 of Resolution No. 00 -1772, Conditional Use
Permit Use Permit No. 00 -015, Horizon Senior Housing.
5. Memorandum from Larry Schmidt, Chief Building Inspector, regarding disabled
access at the proposed Compass Health Residential Facility, Conditional Use
Permit 00 -015, Horizon Senior Housing, dated 12/5/00.
6. Memorandum from Rodger Olds, Associate Engineer, regarding Lot Line
Adjustment 00 -005, dated 12/5/00.
7. Letter to the Planning Commission from International Mass Retail Association
regarding the proposed ordinance to amend portions of Title 9 of the Municipal
Code regarding maximum building size for commercial uses.
8. Memorandum from Teresa McClish, Assistant Planner concerning the proposed
ordinance to amend portions of Title 9 of the Municipal Code regarding
maximum building size for commercial uses.
9. Memorandum from David 0. Crockett, Code Enforcement Officer regarding the
unauthorized use of Neon in the City of Arroyo Grande.
10. Memorandum from Rodger Olds, Associate Engineer regarding the Village Centre
Access Easement, dated December 5, 2000.
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ITEM II. PUBLIC HEARING ITEMS
II.A. CONDITIONAL USE PERMIT CASE NO. 00 -016; LOCATION — BRANCH MILL
ROAD, CITY OF ARROYO GRANDE RESERVOIR FOUR; APPLICANT — SLO
CELLULAR
Associate Planner Kelly Heffernon, presented the staff report saying that when the
Planning Commission had considered this item at their November 21, 2000 Planning
Commission meeting, the Public Works Department had a possible issue with the antennas
being placed on the top of the water tank. They were proposing the possibility of placing a
separate pole next to the water tank as an alternative to placing the antennas on top of the
tank. The public hearing was continued to determine if this was a viable alternative.
Ms. Heffernon stated that after investigating the situation further, the Public Works
Department had determined that placing the antennas on top of the tank as originally
proposed is acceptable. The project is therefore unchanged since the previous meeting.
Chair Greene opened the public hearing stating that the record should reflect that a public
hearing was held on November 21, 2000 Planning Commission meeting and that this item
was continued.
No one spoke before the Commission.
Chair Greene closed the public hearing.
After a brief discussion Commissioner Keen moved that the Planning Commission adopt
RESOLUTION NO. 00 -1769
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT
CASE NO. 00 -016, APPLIED FOR BY SLO CELLULAR
with Exhibits A and B1 -9. Commissioner Costello seconded the motion. The motion was
approved with the following roll call vote:
ROLL CALL VOTE
YES Commissioner Costello
YES Commissioner Keen
YES Commissioner London
YES Vice -Chair Parker
YES Chair Greene
II.B. LOT LINE ADJUSTMENT 00 -005; LOCATION — 520, 522, AND 528 EAST
BRANCH STREET; APPLICANT — DB & M PROPERTIES, LLC.
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Associate Planner Kelly Heffernon presented the staff report stating that the project site is
located on the south side of East Branch Street near the intersection of East Branch and
Crown Hill, and is comprised of 12 legal lots. The applicant is proposing to reconfigure the
lots into 10 in order to improve the lot sizes and to facilitate circulation and parking. To
accomplish this, the project includes a one -way private access road to serve the properties,
and conceptually identifies the parking along the access road away from East Branch
Street. The purpose of the Certificate of Compliance is to verify that the existing lots were
legally created.
The property is located in the Village Commercial zoning district and is developed with two
(2) residences and several accessory structures. The majority of the site is vacant and has
recently been graded.
Ms. Heffernon stated that the site was previously used as a warehouse for storing
pesticides and liquid feed, and for manufacturing septic tanks. The soil was contaminated
from the pesticides, but has since been cleaned up and certified by the Regional Water
Quality Control Board for "soil remediation of nitrates ".
In order to protect Arroyo Grande Creek and its tributaries, the Development Code requires
a 25 -foot setback for discretionary projects starting from the top of bank. Given the
proximity of the project site to the Arroyo Grande Creek, Condition No. 19 requires that
the applicant dedicate an easement, which includes the creek area and extending 25 feet
beyond the top of bank.
Ms. Heffernon told the Commission that per the memo from Public Works, which was
distributed earlier to the Commission, Conditions Nos. 14 and 20 regarding easement
dedications should be deleted from the resolution. These conditions conflict with certain
provisions of the Subdivision Map Act.
Commissioner Keen questioned the sewer easement, which appeared to run under the existing
building and Commissioner London asked what the restrictions there were on the types of
uses allowed in this zoning?
Rodger Olds, Public Works Department, stated that on site review the sewer easement as
shown may not be absolutely correct and the Department has asked the applicant to review
the easement and make sure that the easement does reflect where the actual sewer line is.
Tom Vaughn, "Vaughn's Surveys ", stated that he was available for any questions the
Planning Commission might have.
Richard DeBlauw, stated that he was available for any questions the Planning Commission
might have and stated that he is planning to build a commercial /retail project with some
residential apartments above the commercial buildings. Mr. DeBlauw and Vice -Chair Parker
discussed the grading of the project.
Susan Flores, 529 E. Branch St. spoke to the Planning Commission stating that she was
concerned about the proposed driveway exiting onto East Branch Street. She stated that
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there was already a lot of traffic, and that it was dangerous to back out of her driveway onto
this street. She was concerned about even more traffic being added with this project.
Mike McConqil, 529 E. Branch St. spoke to the Planning Commission stating that he was
concerned about the parking on the North side of East Branch Street. He asked that the white
line be moved over to accommodate a wider area for parking on both sides of the street. He
also had a concern about the parking and he stated that he would like to see some type of
traffic control devices installed to slow the traffic down. Mr. McGonagil also suggested that
the one way access easement be changed to a two -way easement and that it be lined up
across from Le Point Terrace.
Chair Greene closed the Public Hearing.
Vice -Chair Parker stated that the residents' of this area had a good point about the traffic and
parking on this street and she would like to see this addressed when the project comes before
the Planning Commission. She said that she had no problem with the Lot Line Adjustment.
She wanted to insure that, when the project comes before the Planning Commission, the
standards for Village Commercial are strictly adhered to.
Commissioner Costello stated that the only thing the Planning Commission was considering at
this time was the Lot Line Adjustment. However, he does feel that the comments and
suggestions that were heard from the residents' of this area were valid because the traffic
would only get worse when a project is built on this site. He stated that he felt that the Lot
Line Adjustment was a sound reconfiguration and he saw no problem with this request.
Commissioner Keen stated that he had no problem with the Lot Line Adjustment and he felt
that the concerns of the residents' would be handled when the project comes forward.
Commissioner London stated that this was a logical proposal for this site. His only concern
was Condition of Approval No. 17, Exhibit A, that establishes the one -way drive which
empties the traffic out onto East Branch Street. He believes that this should be changed to a
two -way access easement. He was concerned that when the applicant came forward with
the project, some members of the Planning Commission might not still be on the Commission
and this issue would not be addressed. Mr. London asked if this could be removed, or could it
be a two -way easement?
Mr. Olds explained that the reason the easement was in place was to provide access to the
rear Tots. If the easement were removed, there would be no access to them. Mr. Olds stated
that the reason the access was one -way was that there was a concern by the Police
Department of the site distance of this point when exiting onto East Branch.
Commissioner Costello asked how difficult it would be for a future Planning Commission to
handle this situation if Condition of Approval No. 17 was not changed?
Mr. McCants stated that he was not sure how it would work to change it and he suggested
that, if the Planning Commission felt there needed to be more flexibility, they could eliminate
the wording for a one way access and leave it as an access easement.
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Commissioner Keen pointed out that at the SAC meeting the Police Department had
recommended that the access easement be one way because of the line of site distance when
exiting this property.
Chair Greene stated that he felt this was a logical approach to planned use and that the
current configuration of the lots was unacceptable. The neighbors' concerns about the traffic
were valid however, this is not the forum where these issues will be finalized. These
concerns will be noted for the record and will be addressed and the traffic impacts mitigated
when the project is brought forward for review. Whether the access easement will be a one -
way or two -way road will be determined by the Police Department and Public Works
Department after the review of the topography of the site and the judgement as to what is
safe. Mr. Greene stated that the word "one -way" should be deleted from Condition No. 17.
He also stated that, at the request of staff, Conditions Nos. 14 and 20 should be deleted as
well.
Commissioner Keen moved that the Planning Commission adopt:
RESOLUTION NO. 00 -1773
A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING
COMMISSION APPROVING LOT LINE ADJUSTMENT CASE NO.
00 -005 AND CERTIFICATE OF COMPLIANCE CASE NO. 00 -002
TO RECONFIGURE TWELVE (12) LOTS INTO TEN (10) LOTS,
LOCATED AT 528, 522 AND 520 EAST BRANCH STREET,
deleting Conditions of Approval Nos. 14 and 20, renumbering the Conditions and deleting the
word "one -way" from Condition of Approval No. 17. Commissioner London seconded the
motion. Ms. Parker stated that Exhibit B -1 should also be modified to reflect the change in
Condition No. 17. The motion was approved by the following roll call vote:
ROLL CALL VOTE
YES Commissioner Costello
YES Commissioner Keen
YES Commissioner London
YES Vice -Chair Parker
YES Chair Greene
II. C CONDITIONAL USE PERMIT 00 -015; LOCATION - 579 CAMINO MERCADO;
APPLICANT - HORIZON SENIOR HOUSING; REPRESENTATIVE - STEVEN PUGLISI
AIA
Chair Greene called a 5 minute recess of the meeting to allow the Planning Commission time
to review materials received at the time of the meeting concerning the Horizon Senior Housing
project.
Chair Greene reconvened the meeting at 7:55 p.m.
Associate Planner, Kelly Heffernon, presented the staff report stating the following:
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The project site is located on Camino Mercado, adjacent to vacant property to the west
approved for office use and residential development to the east.
The proposed 84 -room assisted care facility is approximately 100,000 square feet in size and
would be built into the side of the hill where a large building pad was previously graded.
Beginning near the middle of the site, the facility steps up from one to three levels. The
perspective drawings submitted with the application show that with the existing topography
and vegetation, only one level is completely visible from the north, east, and west. The
project will be highly visible, however, from the south across the Highway 101 corridor. The
project includes a total of 50 parking spaces, 27 of which would be in a covered parking
structure.
The project plans incorporate suggestions from both the Planning Commission and the
Architectural Review Committee when this project was reviewed as a pre - application last
summer. Specifically, the plans show an additional tower element on the southeast corner of
the building, and a bridge connecting the activity area to the walkway at the rear of the
project. In addition, the applicant submitted a detailed landscape plan, and perspective
drawings for the north side of the building facing James Way and from across Highway 101
on Hillcrest Drive.
The issue of building height was also discussed at the previous Planning Commission
meeting. The Development Code allows a maximum building height of either 2 stories, or
30 feet, whichever is less, and a portion of the project is 3 stories tall. The applicant
interpreted the method for calculating building height described in the Development Code
as determining the average grade located under the proposed structure, and measuring up
from that point to the top of the building. As long as the height at this point does not
exceed 30 feet or 2 stories, then the project is in compliance with the Development Code.
As the Commission directed, staff discussed this issue with the City Attorney, who agreed
with this interpretation.
The proposed project is subject to the development standards of the Professional
Commercial District of the Oak Park Acres Planned Development, and to certain
development standards of the Development Code. The project meets all relevant
requirements for setbacks, lot coverage, parking and landscaping. There are no density
requirements in the Professional Commercial District; however, the proposed 21 dwelling
units per acre is less than the maximum of 25 dwelling units per acre required in the Senior
Housing District, which seems an appropriate land use category to compare the project
with.
The structure meets all disabled access requirements, and also disabled access from the
"path of travel" between Camino Mercado and the structure. The memo distributed earlier
from Larry Schmidt of the Building Department explains this issue in more detail. Basically,
the project will provide van transportation from the street to the entrance, which satisfies
ADA requirements.
Consistency with the Economic Development Strategy is addressed in the memo from the
Economic Development Director distributed earlier this evening. The Strategy does not
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specifically address senior housing projects, except with regard to taking advantage of land
for affordable housing in accordance with the General Plan.
During the environmental review process, 3 populations of Pismo Clarkia were identified
and evaluated on the project site, which is a federally listed endangered plant species and
classified as a State Rare Plant. As explained in the Initial Study, a biological survey was
prepared for the project. To mitigate potential impacts to these plants, a 25 -foot buffer
area is required, which is identified on the project plans.
As mentioned in the report, none of the existing oak trees will be removed as a result of
this project, and the proposed project is conditioned to implement tree protection measures
during construction. The project is also conditioned to replace the Cork Oak trees shown
on the landscape plan with Coast Live Oak trees. This will help mitigate the unknown
number of native oaks removed when the site was previously graded.
In response to the public hearing notice, staff has received one written comment regarding
this project, which was distributed earlier tonight. There has also been one inquiry at the
front counter. Both expressed concerns regarding increased traffic. As part of the
environmental review process, a trip generation analysis was prepared, which indicates
that 14 additional p.m. peak hour trips would result. This number is less than the 20 peak
hour trips necessary to require a full traffic study. As conditioned, the applicant will be
required to pay the City's Traffic and Signalization Impact fees.
Also distributed earlier was the correct numbering for the mitigation measures, and a
memo from the Public Works Department regarding modifications to the conditions of
approval. Under condition no. 46, the words "and constructed" should be deleted, and a
new condition no. 48 should be added specifying that project improvements shall be
constructed prior to occupancy. The exact wording is shown in the memo.
Since all projects within an approved Planned Development must be approved by the City
Council, staff recommends that the Planning Commission adopt the attached resolution
recommending that the City Council approve Conditional Use Permit Case No. 00 - 015 subject
to the Conditions of Approval, as amended and re- numbered.
Commissioner Keen stated that Condition of Approval No. 41 referenced a 200 -foot area
that the owner will be required to maintain in the open space area. Mr. Keen asked who
owned the open space?
Ms. Heffernon stated that this open space area was granted to the City from the Rancho
Grande project.
Commissioner London asked what the number of employees would be at that site? He
also asked if there had been any discussion about their working hours as a possible
mitigation to the traffic?
Ms. Heffernon stated that she believed that it was thirteen employees at any one time and
that the working hours of the employees was not taken into consideration with regard to
the traffic.
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Vice -Chair Parker and Ms. Heffernon discussed the mitigation measures with regards to the
Pismo Clarkia and the Oak Trees. They also discussed the walkway around the back of the
building.
Commissioner Costello stated that he was still confused about the average height of the
building with relationship to the hill. Ms. Heffernon and Mr. Costello discussed this issue.
Mr. Costello asked, if this interpretation of the Development Code was used, what would
keep someone from building a five -story building in the future where the same
interpretation could be applied?
Ms. Heffernon stated that the circumstances would have to be looked into at the time of
the application of such a project.
Mr. Costello reiterated that he was very concerned about this interpretation. He asked if
the plans the Commission had received were drawn to scale? He stated that when he
measured the building, it was thirty -five to forty feet high.
Commissioner Costello discussed the ADA accessibility of the project. He stated that he
had done some research on this subject and asked Ms. Heffernon if the building was ADA
compliant.
Ms. Heffernon explained how Mr. Schmidt of the Building Department had interpreted the
language to determine that the project was ADA accessible.
Mr. Costello stated the he was concerned that the City was opening itself for some type of
liability.
Mr. McCants stated that he could ask the City Attorney about this issue.
Mr. Costello asked what the LOS was at the intersection of Camino Mercado and West
Branch?
Ms. Heffernon stated that the intersection was a LOS of C.
Chair Greene wanted to state for the record the changes in the numbering of the mitigation
measures. He stated that the original numbers started at eighteen and the corrected
numbers start with one. Secondly, the Planning Commission had been asked to modify
Condition of Approval No. 46 and to create a new Condition No. 48. Ms. Greene asked if
the current Condition No. 48 was being deleted?
Mr. Olds replied that a new Condition No. 48 was being added and the rest of the
Conditions would be renumbered.
Steve Puglisi, 226 Encanto Ave, Shell Beach, had the following comments:
• With regards to the building height, Mr. Puglisi stated that the 30 -foot height rule, as
with the two story rule would apply measured from the average height under the
building not at the base.
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• With regards to the questions about the ADA appliance, the building is compliant from
its parking lot. The applicant does not believe that they need to be ADA compliant
from the street up to the building. If streets were required to be ADA compliant, there
would not be any streets designed in excess of 8 %.
Commissioner Costello stated that he was not in agreement with the interpretation of the
height regulations. He was also concerned about the ADA compliance and felt that there
was a possibility that the City would be liable if a resident were injured walking on the
walkway from the building to the street.
Mr. Puglisi stated that as soon as anyone leaves City property, i.e. Camino Mercado, they
would be on private property and the City would not be responsible for any injuries.
Vice -Chair Parker and Mr. Puglisi discussed the "nature trail" in the back. She asked if
there would be a railing on the sidewalk going down the 15% walkway to the street?
Mr. Puglisi stated that this had not been planned on but it could be considered as well as
resting places for people to stop and sit.
Commissioner London stated that he liked this idea and felt that this should be included.
Chair Greene stated that the proposal for the front slope landscaping was a combination of
plants using Baccarus. Mr. Greene said that this species was chosen for the hillsides
around the Five Cities Center and it has not performed well. He would like to propose a
change to the front slope planting area and make it a part of the approval process. Mr.
Greene would like to propose a change by deleting the Baccarus and substituting
Manzanita Sunset, and /or Carmel Sur.
Commissioner Costello asked Mr. Puglisi for further explanation of the height issue.
Mr. Puglisi explained that on the west view of the drawings, there is a note that reads,
"maximum building height elevation 280, thirty feet above average finished grade ".
Mr. Costello stated that there was nothing on the plans that showed what the average
finished grade was.
Mr. Puglisi referred to another page on the plans and stated that for this section of the
building, which is what is called the rooms component, the rooms component starts at a
lower elevation of 240, the upper finished floor is elevation 260, the average finished
grade is 250. So, thirty feet above that is 280 and there is where the number comes
from.
Mr. Costello stated that the definition in the Development Code is the "highest point under
the building ". He does not see a clear diagram showing the highest point under the
building.
Mr. Puglisi stated that on the site plan the building "moves" through 3 different elevations.
The lowest point is at finished and existing grade of elevation 240. As you move up the
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sides of the building, the natural and finished grade is both 250 and, at the top, 260. They
are siting the building on all three of the different levels. That is why the applicant, as well
as the City Attorney, is convinced this conforms to the ordinance.
Chris Skiff, 475 Marsh Street, San Luis Obispo, stated that they were retaining the 15%
slope to the driveway so it would minimize the grading and not disturb any more of the
habitat or environment than absolutely necessary. Mr. Skiff said that benches are in the
plans for the walkway and it was very important to him that the "seniors" would be able to
get up and down the slope as carefully as possible. They would also put in a railing if the
Planning Commission wanted it done. Mr. Skiff said that if Mr. Greene wanted to change
the plants in the landscaping plan, they would be happy to do it.
Commissioner London asked how many employees there would be and what the hours the
shifts would start and finish?
Mr. Skiff stated that the work shifts typically would change at 6:00 a.m., 2:00 p.m. and
10:00 p.m.
Ron Livingston, 560 and 580 Dos Cerros spoke to the Planning Commission and expressed
his concerns about traffic on Camino Mercado.
Chris Skiff spoke to Mr. Livingston's concerns about the traffic.
Chair Greene closed the Public Hearing.
Commissioner London stated that he felt this was a good project. He felt that a railing and
rest stops on the walkway were definitely needed.
Commissioner Keen stated that he was very impressed with the project. He feels that it
fits the use, the area, and as the traffic in this area is becoming more congested, this
project would have less of an impact.
Vice -Chair Parker stated that she also liked the project and appreciated the fact that the
applicant had gone beyond what was necessary to address the environmental concerns at
the project site. The applicant is addressing senior needs and they have listened to the
Planning Commission comments and have added them to the project. She also agreed that
the handrails and resting - places are necessary on the walkway.
Commissioner Costello stated that he had asked some tough questions and the applicant
had provided the answers that show an interpretation that meets the standards. He said
that he supports the project. He feels that this is a good project.
Chair Greene stated that regarding the ADA compliance, and the concerns raised by
Commissioner Costello, it would be a good idea that when this goes before the City
Council the City Attorney be ready to render an opinion and guidance to them on this
point. He agrees with the rest of the Commission that this is a good project.
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With respect to the Conditions of Approval, the Planning Commission recommends the
following changes:
• Condition No. 18, subsection d, changed, adding a number 6, which reads,
"Acraspophlis sunset and Carmel Sur are substituted in lieu of Bacarrus as a front
slope groundcover.
• Condition No. 46 be modified.
• A new Condition No. 48, be added.
• Current Conditions Nos. 48 through 74, be renumbered as Conditions Nos. 49
through 75.
• Add a new Condition #19 and number forward from this point. The Condition
would require hand railings, benches and /or rest stops along the walkway.
• Condition No. 67, the word "hydrant" should be added to the second line.
Commissioner Keen moved that the Planning Commission adopt:
with the changes to Exhibit A, including Exhibits B1 -B6. Commissioner London seconded the
motion. The motion was approved with the following roll call vote:
RESOLUTION NO. 00 -1772
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE RECOMMENDING THAT THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION,
INSTRUCT THE SECRETARY TO FILE A NOTICE OF
DETERMINATION, AND APPROVE CONDITIONAL USE PERMIT
CASE NO. 00 -015, LOCATED AT 597 CAMINO MERCADO,
APPLIED FOR BY HORIZON SENIOR HOUSING
ROLL CALL VOTE
YES Commissioner Costello
YES Commissioner Keen
YES Commissioner London
YES Vice -Chair Parker
YES Chair Greene
II. D LOT LINE ADJUSTMENT 00 -004; LOCATION - 419 LE POINT STREET;
APPLICANT- HILLEL AND RACHEL JANAI
Assistant Planner, Teresa McClish, presented the staff report as follows: The site is
located at 419 Le Point, and consists of two parcels that are 18,293 square feet and
31,134 square feet in size, one of which is an abandoned railroad right -of -way property,
and the other is adjacent to Corbett Canyon Creek. The property is developed with a
single - family residence and a detached garage, both of which are located across the
existing lot line dividing the two properties. The intent of the lot line adjustment is to place
the two structures on one parcel and to create a lot that could be developed with another
single - family residence.
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The site lies within the Public Facilities zoning district. On October 3, 2000 the Planning
Commission made a Development Code interpretation to allow a single - family use in the
Public Facility zone for this particular property.
The proposed Lot Line Adjustment meets or exceeds site development standards for the
adjacent residential zoning districts, which are considered applicable for this site.
This lot line adjustment shall be recorded with a Certificate of Compliance for Lot Line
Adjustments as required by Development Code Section 9- 04.140. Additionally, Condition
of Approval No. 15, requires an additional twenty -five foot setback from the top of bank
for Corbett Canyon Creek.
Staff recommends that the Planning Commission adopt the attached Resolution approving Lot
Line Adjustment Case No. 00 -004, subject to the conditions of approval.
The Planning Commission briefly discussed the project. Chair Greene asked that the wording
of Condition of Approval No. 4 be changed from "Exhibit B-1" to "Exhibit A -1 ".
Chair Greene opened the Public Hearing.
Leonard Leniqer, representing the applicant stated that he was available to answer any
questions from the Planning Commission.
Chair Greene closed the Public Hearing.
Vice -Chair Parker moved that the Planning Commission adopt:
RESOLUTION NO. 00 -1774
A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING
COMMISSION APPROVING LOT LINE ADJUSTMENT CASE NO.
00 -004 FOR TWO (2) LOTS, LOCATED AT 419 LE POINT
COURT, APPLIED FOR BY HILLEL AND RACHEL JANAI
with Exhibits A and A -1 and the modification to Condition of Approval No. 4. Commissioner
Costello seconded the motion. The motion was approved by the following roll call vote:
ROLL CALL VOTE
YES Commissioner Costello
YES Commissioner Keen
YES Commissioner London
YES Vice -Chair Parker
YES Chair Greene
II. E. DEVELOPMENT CODE AMENDMENT CASE NO. 00 -002; LOCATION — CITY WIDE
Amendment to Chapters 7 and 9, of Title 9, of the Arroyo Grande Municipal Code
by establishing maximum building size for commercial uses.
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Associate Planner, Teresa McClish, presented the staff report and stated that recently, by
consensus, the City Council had directed staff to amend the Development Code to
establish limits on building size for commercial uses. The ordinance is intended to address
the impact of large retail stores on the City's fiscal and environmental resources and
protect the City's rural atmosphere emphasized in the General Plan. As written, the
proposed ordinance will not cause any existing commercial uses to be non - conforming.
Ms. McClish stated that staff recommends that the Planning Commission review the
attached draft ordinance, make any changes deemed necessary or desirable, and adopt the
attached Resolution recommending that the City Council adopt the Ordinance.
Chair Greene stated that some time ago there was a discussion about the current
configuration of the Wal -Mart store and the fact that it currently occupies Building A -1 in
the Five Cities Shopping Center. Mr. Greene stated that adjacent to Building A -1 is an
open space that is designated as A -2. Of all the structures planned for the west side of
the shopping center, the only space that has not been built on is the space for Building A-
2. Mr. Greene remembers that there was a discussion concerning the shopping center and
whether Wal -Mart could expand into the 17,600 square feet of space designated for
Building A -2. He thought that the City had imposed some sort of Condition of Approval on
the project so as to deny Wal -Mart the ability to expand into the additional space and
incorporate it into Building A-1. Mr. Greene asked if there is anything about any limitations
that the City placed on the occupation of Building A -2 that would prevent the occupant of
Building of A -1 to construct Building A -2 and then remove the interior walls?
Ms. McClish stated that she had no recollection of this. She stated that she was aware
that there is the building pad adjacent to the Wal -Mart and that it is approved for the
commercial use of 17,600 square feet. She was also aware that there was an existing
ordinance that limits non - taxable retail for stores greater than 90,000 square feet, but she
is not aware of any specific restrictions concerning the expansion of Wal -Mart.
Mr. Greene asked if there was a Condition of Approval that limited Building A -1 to its
current configuration?
Mr. McCants stated that he was not aware of this condition.
Commissioner London asked where the figure of 102,500 square feet came from?
Ms. McClish replied that this was the figure recommended to staff by City Council as the
figure which essentially takes the largest retail store in the City and goes above it so that
this ordinance does not create any non - conforming uses.
Commissioner Keen stated that on Page Four of the ordinance, F -2 deals with the
maximum allowable height for a building or a structure and states that in no case shall any
structure be of such a height or location as to obstruct any view due to elevation
differential of the building site. Mr. Keen asked for an explanation of this statement and
asked if this meant offsite viewsheds or onsite?
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Mr. McCants stated that this language is in the Development Code at this time and that his
interpretation would be that it meant offsite or onsite.
Chair Greene opened the Public Hearing.
Colin Johnstone, manager of the Arroyo Grande Wal -Mart, spoke to the Commission and
stated that he was opposed to the proposed ordinance. Mr. Johnstone explained that Wal-
Mart was only interested in being a "good neighbor" and an asset to the City of Arroyo
Grande. He spoke about the amount of retail sales that this Wal -Mart has been doing since it
opened and how much sales tax this has contributed to the City. He also spoke about Wal-
Mart's concern for the citizens of the Five Cities area and he listed the different organizations
Wal -Mart has donated time and money to.
Mr. Johnstone explained to the Commission the difficulty of running this store because the
amount of people who shop at the store create a demand for products that is very high and
there is not enough room in this store for the amount of merchandize that is needed. Mr.
Johnstone also explained the need for a Garden Shop in this area.
Commissioner Keen asked Mr. Johnstone if WaI -Mart owned the adjoining property?
Mr. Johnstone answered that Wal -Mart did own it.
Commissioner London asked Mr. Johnstone what was going to be done with this property?
Mr. Johnstone stated that there were no plans for this property at this time.
Mary Burlinson, Wal -Mart employee, spoke in opposition to the ordinance and stated that
the "associates" who work for Wal -Mart are very concerned about the community. She
felt that this ordinance was targeted against Wal -Mart and that it would be unfair.
Gerald Craig, WaI -Mart employee, spoke in opposition to the ordinance stating that many
organizations will say that a store, more than 102,000 square feet is against the American
way of life but that this is not true of Wal -Mart. He felt that this ordinance would
"trample" on the rights of the citizens that need to shop somewhere where the prices are
reasonable.
Lee Simon, 1952 Sage St., spoke to the Planning Commission in opposition to the
ordinance stating that competition in retail sales is not a problem for a community.
Freda Simon, 1952 Sage St., spoke to the Planning Commission in opposition to the
ordinance stating that she believes this store serves a need in the community especially for
large families that need to stay within a budget. She stated that she drives to Santa Maria
once a month and shops at Costco and HomeBase. She stated that she did not understand
why the City of Arroyo Grande did not want her sales tax dollars.
Antonio Tancozo, Wal -Mart employee, spoke to the Planning Commission in opposition to
the ordinance stating that he felt that this would be an injustice and that Wal -Mart supplied
the community with their needs.
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Chris Ivy, 127 Bridge St, spoke in favor of the ordinance stating that he felt WaI -Mart was
complaining that they could not sell their merchandize, bragging about how much they
gave to the community and threatening to quit giving if this ordinance passed.
He stated that many studies have been done to show that there are good, solid reasons for
the community to restrict the square footage of "big box" stores. He did not feel this
ordinance was being proposed to "pick on Wal- Mart ", it was being done for the good of
the entire community.
Mr. Ivy stated that he had handed staff and the Planning Commission some information
that he would like to see added to the ordinance because, at this point, there was nothing
to keep Wal -Mart from building on Building pad A -2. He asked the Commission to note
the suggestions on the bottom of Page 1 of the information he had passed out, that they
could add.
Gerald Craig and Colin Johnstone, spoke in rebuttal to Mr. Ivy's statements.
Chair Greene closed the Public Hearing.
Commissioner Costello asked, when the Five Cities Center was originally approved, was
any measure put in place that limited the size of stores to under 102,000 square feet?
Ms. McClish stated that each building pad has a specific size requirement but she did not
believe that there was any kind of regulation that limited building size in the Five Cities
Center.
Mr. Costello thanked everyone who had spoken and stated that both sides have raised
good issues. He said that he appreciates what the "associates" at WaI -Mart do for this
community as individuals. However, Mr. Costello said that this decision was not being
based on WaI -Mart only. The original approval of the Five Cities Center was based on size
and scope. Mr. Costello said that one of the many issues that has come before the
Planning Commission is the problem with traffic around the shopping center, particularly at
the intersection of Camino Mercado and West Branch Streets.
Commissioner Costello stated that WaI -Mart is a good neighbor and has a place in this
community. He said that this ordinance was not asking Wal -Mart to leave, or even to
shrink in size, it simply says that no store will be greater than 102,500 square feet. He
does not see that see that this is targeting any company.
Mr. Costello stated that within a year the City will be looking at another project on the
south end of the City that will include the potential for larger commercial space and this
ordinance would apply to that project as well. Mr. Costello stated that he understands the
reasons that the City Council asked for a review of this issue. Reviewing this issue is
necessary to deal with the overall economic and commercial services of the entire
community and to try to protect the components of the "rural atmosphere and the small
town lifestyle" that are presently part of this City.
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Commissioner Costello stated that the City is going to go through some challenging times
in the next few years where the City is going to have to try and define what these terms
really mean. He feels that this may be a measure that is intended to do this.
Vice -Chair Parker stated that Commissioner Costello had said this very well. She stated
that she also did not feel that this was against Wal -Mart. She said that she realized that
the Wal -Mart employees felt that this would be keeping them from something they wanted
to do, but she does not feel that this would take away the rights of anyone to adopt this
ordinance. Ms. Parker stated that she appreciates that several hundred Wal -Mart shoppers
wanted to see the expansion with a garden center, but most of the shoppers did not live in
Arroyo Grande. They did not have to deal with the problems, such as the traffic, having a
larger store would create. The Council was trying to consider the City as a whole and how
it would be effected by this ordinance.
Ms. Parker stated that she wondered if such issues as traffic, as well as other
environmental issues, should be added to the resolution. She said that traffic is a big issue
for her and as the community continues to grow it is very important that we look at each
step specifically and not grow at such a rapid rate that we can't take care of the people
that live here.
Vice -Chair Parker stated that she was in favor of this ordinance and she is in favor of
passing it along to the City Council.
Commissioner London stated that he agreed with Commissioners Costello and Parker
statements. Mr. London said that he remembers when the fears people had before Wal-
Mart came to Arroyo Grande and most of them have proved to be unfounded.
Commissioner London said that he did not feel that bigger is necessarily better, but this
appears that this is the philosophy of Wal -Mart. He does not feel that they need to sell
everything and that they have done a commendable job with the space that they have.
Mr. London stated that he supports the ordinance.
Commissioner Keen stated that he disagreed with the other Commissioners. He believes
that this ordinance was designed specifically to stop Wal -Mart from expanding and
because of this he will not vote for the ordinance. Mr. Keen said that if this ordinance had
come before the Planning Commission, not written specifically for stopping of Wal -Mart
expansion of any kind, he probably would have voted for it because he is not in favor of
"big box" stores. However, this is specifically written for WaI -Mart and he believes this is
a travesty and he will not support it.
Commissioner Keen stated that as far as the traffic issue at the Five Cities Center, the
17,500 square feet building pad already has a commitment to be built. Mr. Keen stated
that he is not for Wal -Mart expanding, he is just against having an ordinance written
specifically for one builder.
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Chair Greene stated that he wanted to make it very clear that the Planning Commission
was not enacting any ordinance but only making a recommendation to the City Council.
They are the body that is vested with the authority to create laws for the City.
Mr. Greene had the following observations. He said that while it may be appropriate to
describe the ordinance as being directed to a limitation on Wal- Mart's ability to expand into
the lot next door, it may be overly simplistic . to take this position because the City is
considering a proposal to develop approximately 1.5 million square feet of
commercial /retail and office space on the Frederick's ranch. He believes that the City
Council has the authority to limit the size of retail establishments on this property.
Mr. Greene stated that the effect of this limitation may be that large, discount retailers like
Costco and other WaI -Mart competitors, might not be able to open in your shopping area.
The City Council might have decided that, the preservation of Wal- Mart's market share is
an objective and therefore they will strive to limit competition on the Frederick's property.
Mr. Greene stated that it seemed to him that it was logical and reasonable to view this
legislation as being non - specific with respect to Wal -Mart. It is reasonable to view this
legislation as being supportive of the existing store. He sees a variety of very solid
benefits to the community that would result from this legislation, which has nothing to do
with Wal -Mart. Mr. Greene stated that, on the other hand, if the City Council decided to
limit WaI -Mart and prevent its expansion into the adjoining 17,600 square foot lot, the City
Council could do that and be well within their jurisdiction to do that.
Mr. Greene stated that he was on the Planning Commission when the Five Cities Shopping
Center was on appeal from the City Council back to the Planning Commission. He said
that very sincere people spoke to the Commission at that time and promised that Wal -Mart
had no intention of expanding into lot A -2 and would never propose such an extension. It
comes as a complete surprise to him to hear that those representations that had been
made are no longer valid.
Mr. Greene feels that this situation has been oversimplified and turned into a pro versus
con debate on WaI -Mart and he does not see this as being appropriate or necessary at this
time. He is greatly impressed by the contribution that Wal -Mart has made to this
community. These contributions are commendable as Mr. London said. However, voting
on this ordinance should not be viewed as a referendum on how appropriately Wal -Mart
has conducted itself in the community. He views it simply as an attempt by the City
Council to try and determine where a small town ends and a big city begins. He sees this
ordinance as a decision consistent with the leadership's vision of what a small town is.
Chair Greene stated that the only thing that is unclear to him at this point is whether the
recommendations that are contained in the document Mr. Ivy has handed out concerning
the aggregation of floor space, management, and cash registers, are the kind of things that
the City Council has had the opportunity to consider. He asked staff if they would
comment on this.
Mr. McCants stated that staff had not seen the language until this evening so they had not
had time to review it, or ask the City Attorney to review it.
ARROYO GRANDE PLANNING COMMISSION
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DECEMBER 5, 2000
PAGE 18
Mr. Greene stated that the language in Mr. Ivy's memo could close a loophole relative to
this particular store. He suggested that the City Attorney review the language and
determine if it is appropriate to include it in the final ordinance.
Mr. McCants stated that staff would review this definition and make revisions as
appropriate in consultation with the City Attorney.
Commissioner Costello moved that the Planning Commission adopt:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND
PORTIONS OF TITLE 9 OF THE MUNICIPAL CODE REGARDING MAXIMUM
BUILDING SIZE FOR COMMERCIAL USES
as amended with the change to Table 9- 07.040.A under "Office" to a maximum building
size of 102,500. Commissioner London seconded the motion. He also asked that
Paragraph 2 under Section F, be corrected from with to within. The motion was approved
by the following roll call vote:
ROLL CALL VOTE
YES Commissioner Costello
NO Commissioner Keen
YES Commissioner London
YES Vice -Chair Parker
YES Chair Greene
III. NON - PUBLIC HEARING ITEMS
None
ITEM. IV. DISCUSSION ITEMS
None
RESOLUTION NO. 00 -1775
ITEM. V. PLANNING COMMISSION ITEMS AND COMMENT
Commissioner Keen asked staff to please explain the letter that the Planning Commission
had received from Joe DeLucia, the developer of the Village Centre project.
Rodger Olds, Public Works Department, explained that the Planning Commission had
received a letter from Mr. DeLucia regarding the issue of an access easement behind the
Village Centre property. Mr. Olds explained that there was a misunderstanding between
Public Works Department staff and what Mr. DeLucia intends to do for access behind his
property. Mr. Olds explained that this lead him to do some investigation into what the
intent was of the Planning Commission when the project was originally approved,
especially with regard to Condition of Approval No. 44. He also explored the intent of City
Council Resolution 1984, which requested that some sort of access be made between the
various parking Tots and the Village Centre.
ARROYO GRANDE PLANNING COMMISSION
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DECEMBER 5, 2000
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Mr. Olds stated that he was looking to the Planning Commission for some interpretation as
far as what the intent was of the Planning Commission at the time of approval and how
the Commission would like staff to proceed. Mainly, the issue is that Mr. DeLucia would
like to dedicate the easement to the City so that it would be a City easement through his
property and eventually go and connect Hart Lane, Amanda's property, to the Village
Centre Parking lot.
Mr. Olds stated that staff had reviewed this with the City Attorney. The City Attorney
does not want to open up any liability for the City by accepting this offer. Further, Mr.
Olds stated that, in City Council Resolution 1984, it was recommended that this should be
private parking.
Commissioner Keen asked if this easement had anything to do with the Lopez water line?
Mr. Olds stated that it did not. This easement assures that there will be access between
the two parking lots, to connect Hart Lane with Wesley Street, and to create a common
parking lot for all properties. This was the intent of Resolution 1984.
Mr. Keen asked if there was an elevation difference between these properties?
Mr. Olds stated that there was an elevation difference. This was addressed by leaving
open how the common access between the driveways would be worked out. Mr. Olds
explained that the alignment for the easement has not yet been determined.
Commissioner Keen stated that he remembered that Mr. DeLucia was not supposed to
dedicate this easement to the City but was supposed to maintain the easement himself on
the Village Centre property. Mr. Keen stated that the Condition of Approval that
determined this easement was written in such a way that the City of Arroyo Grande could
open up the easement if necessary. Mr. Keen stated that he recalls that the circulation
through the back of the Village and out to Larchmont Dr. was the reason this was required.
Vice -Chair Parker stated that she remembered, having been on the Planning Commission
when this project was approved, that the intent was that this easement be placed so that
there would be access across the back of the Village shopping area.
Chair Greene stated that he recalled the intent of the Planning Commission was to place an
easement so that the adjoining property owners would have permission to cross Mr.
DeLucia's property if it was decided in the future that they wanted to modify their property
to permit a driveway. Mr. Greene did not recall that there was an empowerment to the
City to place a driveway through Mr. DeLucia's property.
Mr. McCants stated that this was a common practice to require an over and across
easement to the parking areas adjoining the property. Mr. McCants stated that there was
no requirement for anyone to maintain anything on anyone else's property. It was simply a
responsibility to provide an access. The Planning Commission discussed this issue further
with Mr. Olds.
Chair Greene stated that he wanted to discuss the ordinance limiting the size of
ARROYO GRANDE PLANNING COMMISSION
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DECEMBER 5, 2000
PAGE 20
commercial buildings in the City. He wanted the City Council to know that he remembered
that when a previous Community Development Director had approved the Albertson's
market, changing the configuration of what was three stores into one store, there was an
appeal taken by the CCRD to the City Council. The City Council referred this appeal back
to the Planning Commission and asked them to take testimony and make findings of fact
regarding certain issues. During these hearings, evidence was presented that seemed to
suggest that it was the intent of the City Council, when originally approving the Five Cities
Center, that building A -1 was not to be merged into building site A -2. Mr. Greene stated
that he believed that there had been some specific discussions about this.
As a result of this, Mr. Greene seems to recall that the City Council went on the record as
indicating that it was the intent of the Council that buildings A -1 and A -2 would remain
separate buildings, not to be merged.
Commissioner Keen stated that he was very impressed by the Memo Dave Crockett, Code
Enforcement Officer, had prepared concerning the use of neon at different businesses in
the City. Mr. Keen thanked Mr. Crockett for the memo and stated that he hoped the sign
contractors in the area would be contacted to remind them of the City's policy. Mr. Keen
asked that the report be distributed to the City Council.
Chair Greene stated that, although the Cookie Crock was on the report that Mr. Crockett
had prepared, he was certain that they had an approved sign program that allowed them to
have some neon.
Mr. McCants stated that he would look into this and inform Mr. Crockett if they had an
approved sign program.
ITEM. VI. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP
REPORTS
Community Development Director Kerry McCants explained that he had been directed to
let the Commission know that there was an item going to the City Council on December
12, 2000, which dealt with the appeal process of Planning Commission items by the City
Council. Mr. McCants stated that the City Council had directed him to provide some
explanation about how this process might work. He was also directed to have staff
develop a proposed amendment to the Development Code that would provide for a new
process whereby more significant applications would go to the Council as well as the
Planning Commission. Mr. McCants explained that basically the Planning Commission
would make a recommendation and the Council would review it. The City Council action
would be the final action on the project.
Commissioner Costello asked about the proposed change and if this was a selective
process by the Council or would they appeal on any and all issues?
Mr. McCants stated that it would be up to the Council to establish what they would
appeal. Mr. McCants explained that the Council would receive an annotated Planning
Commission agenda the day after the meeting showing what was approved or denied. The
Council would make a decision at that point as to whether there was any project that they
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wanted to appeal.
ITEM. VII. ADJOURNMENT
On motion of Commissioner Keen, seconded by Commissioner Costello the meeting was
adjourned at 11:30 p.m. to the next scheduled meeting on January 2, 2001.
/aL4AJ41c2 ClQM4?..
Kathleen Fryer, Comm! on Clerk Laurence Greene, Chair
AS TO CONTENT:
Kerry McCant
Communi • evelopment Director
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