PC Minutes 1999-05-041
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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.
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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
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Arroyo Grande Planning Commission
May 4, 1999
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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
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Arroyo Grande Planning Commission
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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
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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.
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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.
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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
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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
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Arroyo Grande Planning Commission
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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