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PC Minutes 1999-05-041 1 MINUTES ARROYO GRANDE PLANNING COMMISSION May 4, 1999 The Arroyo Grande Planning Commission met in regular session with Chair Greene presiding. Present were Commissioners Parker, Keen, Costello, and London. Staff members in attendance were Interim Community Development Director Henry Engen, and Associate Planner Kelly Heffernon. APPROVAL OF MINUTES None ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None II A. PUBLIC HEARING — RECOMMENDATION. TO THE. CITY COUNCIL ON PROPOSED AMENDMENT TO THE ARROYO GRANDE DEVELOPMENT CODE ADDING A "RETAIL STORES IN EXCESS OF 90,000 SQUARE FEET" SECTION AND ESTABLISHING LIMITS ON THE PERCENTAGE OF FLOOR AREA THAT CAN BE DEVOTED _ TO NON - TAXABLE MERCHANDISE. Interim Community Development Director Henry Engen informed the Commission that this was a matter that was initiated by a private individual and the City Council had directed the Planning Department to process this item as a •possible amendment to the Development Code. The proposed ordinance attempts to implement some of the primary goals, policies, and objectives of the Land Use Element of the General Plan. Specifically the proposed ordinance attempts to provide a method for maintaining the rural, small town character of the City by limiting the ability of large, regionally oriented stores from adversely impacting existing established land use patterns. Mr. Engen went on to explain that the General Plan that was adopted in the early nineties has strong language about protecting the rural small town character, and protecting existing land use patterns and sustaining them. The objectives in the Staff Report include one that provides conveniently located, efficient, attractive, safe, pedestrian and vehicular access in order to serve the retail and service needs of the Arroyo Grande residents. MINUTES Arroyo Grande Planning Commission May 4, 1999 Page 2 It is recommended that the Planning Commission review and recommend that the City Council: 1. Find that the proposed ordinance limiting the amount of non- taxable sales for retail stores exceeding 90,000 square feet is consistent with the General Plan; and 2. Introduce for first reading the attached draft ordinance amending the text of the Development Code to add a section under Chapter 9 -11, Specific Use Development Standards entitled: Limitations on Retail Stores in Excess of 90,000 Square Feet. Commissioner Parker asked if this would effect any stores that are in the City now or is it retroactive? Mr. Engen stated that it would effect both stores in existence and new ones. The grocery stores now are not larger than 90,000 square feet. Commissioner Parker then asked about the difference in wording of two sections dealing with code enforcement? Mr. Engen replied that originally there was a more extensive enforcement section however, after being reviewed by the City Attorney, it was decided to make this section more compatible with the current code enforcement language elsewhere in the Development and Municipal Code. Commissioner Parker stated that the fine that has been proposed for violation of this Ordinance would be $500 per day. She wondered how this fine would be collected? Mr. Engen replied that the City Attorney would determine this. Commissioner Costello asked if, aside from food items, were there any other items that were non - taxable? Mr. Engen replied that food and prescription drugs were the only ones that come to mind. PUBLIC COMMENT PERIOD Chris Ivey — stated that he was responsible for initiating this issue. Although he does not live in Arroyo Grande, he has an office at 127 Bridge Street. The 1 MINUTES Arroyo Grande Planning Commission May 4, 1999 Page 3 reason for this Ordinance was to preserve what the businesses currently have in Arroyo Grande. Mr. Ivey submitted a letter for the record written by Andrew Kahn, Attorney at Law, outlining language for the proposed Ordinance. The only changes he would propose are to Section I.E.I and to substitute "unlawful" for "unconstitutional" in Section 3. Kirk Scott, 520 Via Vaquero, spoke to the Commission to clarify one thing that had been raised this evening. He stated that most of the supermarkets that are in this area are 43,000 square feet. This amendment would not have anything to do with the supermarkets that are in. Arroyo Grande at this time. This is to protect the City from any "big box" stores that would come into the area. He is in support of this amendment and would like to see the stronger code enforcement language that was proposed in the original proposal because it would give the City a better chance to protect itself from any violation of the code. The Public Comment Period was closed. Commissioner Keene stated that he was in favor of this resolution. He would like to see the language for code enforcement that the City Attorney had recommended. If the City Council wants stronger language, they can choose to do so. Commissioner London said that he agreed with Commissioner Keen and he also felt that the Ordinance should go back to the City Attorney for review before it went before the Council. Commissioner Parker stated that she was in agreement with the other Commissioners and likes the idea of the Ordinance. Her only concern is the wording in the Ordinance. She would like to make sure that somehow the "Big Box Stores" would not be able to get around what the Ordinance called for. She also stated that she did not see the point of reducing the fine from $1000 per day to $500 per day. She would like the Council to have these comments before they made any decision on the Ordinance. Commissioner Costello felt that it was very important to protect the small town rural environment of Arroyo Grande and would like to see the stronger language to make sure there was no way of getting around the Ordinance. He also felt MINUTES - Arroyo Grande Planning Commission May 4, 1999 Page 4 that to this kind of store $500 would not be such a big issue. Chair Greene stated that he agrees in principle that this is a provision that is of significant benefit to the City of Arroyo Grande and he supports the enactment of this amendment to the Development Code. He felt that the letter from Mr. Kahn raised some interesting issues but he did not feel that it was within the scope of the Planning Commission domain to rewrite the language in the suggested ordinance. He did feel it was appropriate to ask Staff and the City Attorney to do an analysis of the suggested changes. He felt that adding this the City would have the authority to revoke permits and licenses for continued violations and might give the City a little more "muscle" to deal with repeat violators. He also had some comments about Section 3, having to do with the severability clause in the recommended ordinance. It may very well be that limiting the severability clause provisions that are unconstitutional might be too restrictive. They might want to include expansion of that language to include clauses within the statutes that are in violation of state law. It is possible to violate the state law without violating the constitution. Commissioner Keen moved that the Planning Commission recommend that the City Council: 1. Find that the proposed ordinance limiting the amount of non - taxable sales for retail stores exceeding 90,000 square feet is consistent with the General Plan; and 2. Introduce for first reading the attached draft ordinance amending the text of the Development Code to add a section under Chapter 9 -11 Specific Use Development Standards entitled: Limitations on Retail Stores in Excess of 90,000 Square Feet; with the additional comments recommending that the City Council, City Attorney, and Staff consider the suggestions in the May 4, 1999 letter by Andrew Kahn counsel to Mr. Ivey, and Attachment C, page 2 of 2, proposed amendment to the General Plan of the City of Arroyo Grande. Commissioner Costello seconded the motion. On the following roll call vote: AYES: Chair Greene, Commissioners Keen, London, Costello and Parker NOES: None 1 1 MINUTES Arroyo Grande Planning Commission May 4, 1999 Page 5 ABSENT: None the preceding motion was approved. NON - PUBLIC HEARING — REVIEW OF VILLAGE CENTRE LANDSCAPING PLAN Associate Planner Kelly Heffernon gave a brief update of the status of the Village Centre Project. She informed the Commission that when the Conditional Use Permit was approved in September 1998, one of the Conditions of Approval stated that the Planning Commission was to review the Landscape and Irrigation Plans and this was to be done prior to issuance of a building permit. Ms. Heffernon explained that the applicant was ready to obtain his building permits and had submitted the landscape plans for the Commission's approval. Ms. Heffernon further informed the Commission that the Parks and Recreation Director had reviewed, and approved, the plans. Commissioner Keen stated that in the Condition of Approval it also said that, besides the Parks and Recreation Director, Fire and Building. and Public Works were also supposed to review the plans. He asked if this had been done? Mr. Heffernon explained that this was a basic Condition of Approval. The other Departments would be looking at the plans to make sure they were complete; however Parks and Recreation was the only one to sign off on the plans. Commissioner Parker was concerned about planting Coastal Redwood trees in the parking lot. She was also concerned that the type of tree that was going to be used did not destroy the sidewalk because of root system. The Mr. Kype, landscape architect explained that Coastal Oaks were replacing some of the Redwood trees. He also explained that root barriers would be used to protect the sidewalks. Chair Greene reminded Mr. Kype that he and Miss Florence had talked about giving the Applicant the choice of substituting some Ironwoods for some of the Sequoias. He wanted the Commission to know this. Commissioner Parker thought the landscape plan looked good. She like the idea that shrubs and trees that look natural to this area were being used. She felt this made a nice addition to the entrance of the Village. MINUTES Arroyo Grande Planning Commission May 4, 1999 Page 6 Commissioner Costello was glad to see that the root barriers were being installed and felt that the landscape plans looked very good. Commissioner Keen thought this was an excellent plan and had no objection to it. Chair Greene liked the plan because it replicated, in its design, a lot of the features of the native plants that grow in the Community. He extended his thanks to the applicant and Oasis Landscape for doing such a good job and setting such a high standard for the rest of the Community. The mixture of the different trees will make a distinctive impression as people drive in and walk through the project. Commissioner Parker moved that the Planning Commission approve the landscaping and irrigation plan as prepared for the Village Centre including the voluntary changes proposed by the applicant. Commissioner Costello seconded the motion. On the following roll call vote: AYES: Chair Greene, Commissioners Keen, London, Costello and Parker NOES: None ABSENT: None the preceding motion was approved. Acting Planning Director, Henry Engen informed the Commission that at the May 3, 1999 Architecture Review Committee had reviewed the Village Centre project because the applicant was proposing a change to the metal canopies that were approved in the original project design. He told the Commission that the ARC had approved the changes but had requested that the matter be brought before the Planning Commission. The ARC felt that this was not a minor decision and, as a courtesy, wanted the Commission to review the changes. Ms. Heffernon informed the Commission that the ARC had approved the reduction in the amount of the metal canopy only. There was no change made to the color or anything else. Commissioner Keen stated that he was surprised that the ARC could make such a determination. 1 1 1 1 MINUTES Arroyo Grande Planning Commission May 4, 1999 Page 7 Commissioner Keen did not have a problem with the reduction in the canopy, however he felt it was not appropriate to have the ARC making a decision. Commissioner Parker stated that when the Commission first dealt with the project and approved it there was much discussion about the metal roofs. The Commission at the time was not happy with them. Her feeling at this time was because the project was already approved with a larger amount of metal canopies and it was actually being decreased it will not make much difference. She did agree with Commissioner Keen that the matter should have come before the Planning Commission first. Chair Greene asked Mr. Engen if it was normally within the jurisdiction of the Community Development Director to decide these kinds of improvements. Mr. Engen answered that it was within the Director's jurisdiction if the change was minor and incidental. Commissioners London and Costello had no comment. Chair Greene asked the Applicant, Joe DeLucia, if it would delay his project if the decision about the canopies was not made at this time. Mr. DeLucia explained that it would delay his project. He explained that when the building was first designed they did not realize how much cost there was to having all the canopies. He also explained to the Commission that not all the canopies were being removed. The Commission reviewed the plans and discussed the revisions with Mr. Delucia. Commissioner Parker stated that she had no problem with the change especially since the ARC had voted unanimously to approve it. Chair Greene's assessment was that the reduction in the scope of the coverage of the metal canopies is probably a decision best left to the Community Development Director and the Architectural Review Committee. He is comfortable letting this decision go forward with the direction of the Community MINUTES Arroyo Grande Planning Commission May 4, 1999 Page 8 Development Director. PLANNING COMMISSION ITEMS AND COMMENTS A. The Commission had discussed the possibility of having better communication between the ARC, SAC and the Traffic Commission. This matter was added to the Agenda for further discussion after the last meeting at the request of the Planning Commission. The Commission and Staff discussed the various possibilities for increasing communication and decided that the Department Secretary would distribute the minutes from each Committee to the Planning Commission for the next six months and see how it worked as far as time spent by staff and help to the Commission. B. C.Z. Brown spoke briefly to the Planning Commission. He explained that although he found the ARC open to having the public attend their meeting he would like to see the public more involved in the initial planning with public comment. C. With regards to the appointment of a Commissioner to the Economic Task Force, Marty London is looking into volunteering for this Committee. He would like more time before he makes a final decision and asked if this could be put on the Agenda for the Planning Commission meeting on May 18, 1999. It was decided by the Commission to continue this item to the May 18` meeting. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP REPORTS Mr. Engen apologized for having told the Commission at their last meeting that there would be a Long Range Planning Commission meeting on April 29` The meeting had been delayed to May 6, 1999 at 6:00 p.m. Mr. Engen presented a brief report to the Commission on the status of current projects. The Commissioners discussed the April 20, 1999 from Lucia Mar Unified School District — "School Facilities Impacts" letter received that night as an additional hand out. ADJOURNMENT 1 1 1 1 MINUTES Arroyo Grande Planning Commission May 4, 1999 Page 9 There being no further business before the Commission, the meeting was adjourned by Chair Greene at 9:30 P.M. ATTEST: Kathleen Fryer, Planning Commission Clerk AS TO CONTENT /QJJ/vCO CtOMi Laurence Greene, Chair 4\es- Henry Eng , AIC Interim Community Development Director