Loading...
PC Minutes 1998-09-091 1 1 ARROYO GRANDE PLANNING COMMISSION SEPTEMBER 9, 1998 The Arroyo Grande Planning Commission met in special session at 6:30 p.m. at the Elm Street Community Center with Chair Lubin presiding. Present are Commissioners Haney, Keen, Parker and Greene. Also in attendance are Community Development Director Jim Hamilton, Associate Planner Helen Elder and Senior Consultant Engineer Craig Campbell. ORAL COMMUNICATIONS - None PUBLIC HEARING (CONTINUED) - CONDITIONAL USE PERMIT CASE NO. 94-524 AMENDMENT; VARIANCE CASE 97 -204; PLANNED SIGN PROGRAM 94-114 AMENDMENT; REQUEST TO (1) ADD A FAST FOOD RESTAURANT DRIVE - THROUGH LANE TO AN EXISTING GAS STATION; (2) TO EXCEED THE REQUIRED NUMBER OF SIGNS TO ALLOW THE PLACEMENT OF TWO ADDITIONAL WALL SIGNS AND INCREASE THE SIGN AREA FOR THE EXISTING POLE SIGN FROM 145 SQUARE FEET TO 265 SQUARE FEET; APPLICANT: KHATCHIK ACHADJIAN /MIKE HUMERIAN; LOCATION: 525 TRAFFIC WAY Community Development Director Jim Hamilton advised that the applicant did submit a letter at the last meeting regarding the size of the sign, indicating they would like to reduce the size of the sign from 265 square feet to 215 square feet, and that will be accomplished by reducing the size of the Burger King sign to no more than 70 square feet per side. Chair Lubin re- opened the public hearing for comments. Fay Ritchie, 571 So. Traffic Way, stated her concerns with this project are the traffic problems. She submitted a photograph showing delivery trucks parked in front of the station in a red lined zone. She noted when pulling out on Traffic Way going to the freeway, vehicles are taking a chance of getting hit; the cars coming off the freeway are moving very fast and are not going 35 miles per hour. Also, there are quite a few students that cross there to go to the high school and this makes it an even more dangerous situation. Ron Anderson, 535 Traffic Way, Space 17, stated this facility is going to create more garbage because customers will be eating next to the fence or in the park across the street. Carol Dean, 111 Orchid Lane, stated his feeling the applicant is trying to crowd too much in a small space. He described some of the parking problems with cars parked while people use the public telephone, and pulling in to get air and water, and there is only one place to park which is in the driveway, resulting in congestion with vehicles trying to get out and those trying to get into the station. Marie Cattoir, 195 Orchid Lane, stated in her opinion, approval of this project would be acting cavalier with human life. She commented that the previous use, Juice and Java, probably did set a precedent, however, the traffic it generated could not be compared to the traffic the Burger King would produce. The exit from Highway 101 is the only exit from the freeway that does not have a stop sign in our City, and this is a dangerous intersection. Ms. Cattoir read a letter from her neighbor, Ron Nesbitt, who was unable to attend tonight's meeting. The letter stated his opposition to this project citing public safety as his major concern. Marjorie Dean, 111 Orchid Lane, referred to frequent bottleneck situations that occur with vehicles coming out of the station trying to make left -hand turns, vehicles going into the station, and the vehicles coming off of the freeway. Arroyo Grande Planning Commission Page 2 September 9, 1998 Marlene Johnson, owner of the Vagabond Mobilehome Park, stated that as the City of Arroyo Grande and the outlying areas grow, there will be more people that will be wanting to use the Mobile station and the services it provides, such as the telephone, bathrooms, the mini -mart and gas fueling., and now they want to add a Burger King. She stated there must be a required number of parking spaces for both the gas station and the fast food restaurant, and they must take into account the current number of employees, the business that both businesses are doing, plus the future number of employees that will be there, and future growth in the businesses. She commented that if these issues are not taken into account, in her opinion, the resulting parking problems will not be easy to remedy. She noted when the Juice and Java business was in there, employees were not allowed to park on the property. They parked across the street at the park and up on the road; the only other place for them to park was on the mobilehome park property. She further stated she and her husband would not like to have the responsibility of people using their property for parking, walking across to the facility and having something happen to them. Ryan Gerrick, Vagabond Mobilehome Park. stated the situation is already dangerous enough with this very busy station without adding any more left turns by vehicles going into a fast food restaurant. Also, why subject the adjacent mobilehome park to more added noise, added exhaust fumes, and added traffic? Melvin Johnson, Owner of the Vagabond Mobilehome Park. read a letter he and Mrs. Johnson prepared, dated September 9, 1998. The letter outlined numerous issues impacting residents of the mobilehome park. Because of these impacts, the letter requested that the Conditional Use Permit be denied by the Planning Commission. He also submitted a letter dated September 7, 1998 signed by residents of the mobilehome park, listing ten (10) reasons the proposed project would impact the quality of life for residents of the mobilehome park. Mr. Johnson also read a letter opposing the project from George and Mary Innigess. Clarice Johnson, 535 Traffic Way. Space 35, stated on her way home today she noticed every space in the Mobile station was full, and inquired where the excess parking will be, and where will the employees park? Tony Orefice, stated he is representing the applicant, Mr. Achadjian, who could not be present tonight. He pointed out that the high school has a dual session and at this time the students do not have breaks for lunch; a group leaves at about 1:00 p.m. and another group leaves around 2:00 p.m. , so they are not having a total lunch break at the school all at one time. With regard to idling vehicles, Mr. Orefice stated that the Air Pollution Control District recognizes that when a motor is turned off, there is more pollution then than if the vehicle is idling. He emphasized when the project was approved, it was approved with some type of food restaurant in the building, and at one time there was Juice and Java in there that did not need a pole sign or drive through. He stated any fast food restaurant could go in there as long as they don't need a drive through and a pole sign. Basically, the building is now under utilized because it was designed to have some kind of food service in there. With regard to the concern of traffic coming off of the freeway, Mr. Orefice suggested one of the solutions might be to ask CalTrans to install a Stop sign at the end of that off -ramp to slow people down. It was the applicant's feeling that they shouldn't be responsible for traffic coming off the freeway too fast. He advised that their original application was for a pole sign, which the Planning Department said they couldn't approve. Joining the signs together was one of the two options they proposed, and that was not a good option for this project. Another option was adding a smaller sign below, however, the applicant wanted to use a standard Burger King sign, and were requesting an 8' X 8' sign. Arroyo Grande Planning Commission Page 3 September 9, 1998 Mr. Orefice stated that another fast food restaurant could come in, such as Wienerschnitzel, they could conceivably move in and put two signs up in the approved location, and run a business. However, Burger King has applied for this location and is asking for a drive through and are agreeable to the conditions listed in the staff report, such as moving the speaker box back to allow stacking of four cars. He asked that this project be approved tonight and expressed his feeling that this business is needed and would be compatible with the area. Mike Humerian, 1007 Acorn Drive, stated he and his wife have owned the Burger King in Grover Beach for 15 years, and this project is not a typical Burger King and could not be compared with the one in Grover Beach. He pointed out that they would have a limited menu at this facility and the drive through percentage would be about 80% and about 20% take out. He stressed the fact that this would not be a typical high volume Burger King, and their main focus would be people in the neighborhood. Again, with a limited menu and a smaller space, in most cases, the drive through should go much faster than the Burger King in Grover Beach. As far as the left -turn into the Mobile station, he suggested extending that left turn lane and allow more stacking of vehicles. He further stated he had talked to CalTrans about putting a Stop sign on the off -ramp and was told they wouldn't put one there because heavy traffic does not come off of that ramp, and also because there has only been one accident at that location in the last three years. With regard to the exhaust issue as far as odor is concerned, Mr. Humarian stated he feels 9% is a very good percentage and meets the highest requirements of Los Angeles County with their smog control. Paris Johnson, 535 Traffic Way, asked about the noise from the speaker and the constant noise going on continuously. Hearing no further comments from the audience, Chair Lubin closed the public portion of the hearing and restricted further comments to the Commission. Commissioner Keen stated he has a problem with the amount of parking, the drive through, the amount of odors that will be emitted from this project and, in his opinion, this is not a good project for that particular area because of circulation, the traffic, etc. He commented he was on the Planning Commission when the Mobile station was approved, and there were several problems at that time. He stated a fast food restaurant was approved in there before, however, it didn't have the impact that a Burger King would have. Commissioner Parker stated she is having a hard time seeing how this particular plan will work, even though she supports Mr. Achadjian's right to request a Burger King here, and she can't think of a better place to put a Burger King that is located right off of the freeway in a zone that is Highway Commercial. However, she noted her concerns regarding the parking for employees, the gasoline delivery truck taking up parking spaces, the traffic flow and circulation within the project, and the safety issue. Commissioner Greene stated the concerns he had about this project have been adequately covered by the members who have spoken before him. The Commission is required by the Development Code to make certain findings to approve a resolution granting a Conditional Use Permit as identified on Page 1 of the draft resolution. He stated he cannot make those findings based upon the reasons given by Commissioners Keen and Parker. Arroyo Grande Planning Commission Page 4 September 9, 1998 Commissioner Haney stated there are two fundamental issues here; are the adjacent uses here compatible with each other? What we have is an established existing residential neighborhood where people are entitled to the quiet enjoyment of their property, relatively free from noise, odor and traffic problems, and the ability to be outside when the weather is good. Similarly, we have a drive through restaurant proposed whose objective naturally is to have as many customers as they can possibly get. Those two uses are right next to each other. There are some mitigations proposed by staff to take the edge off of the intrusions that were talked about, however, even taking the edge off, we are still left with a residential neighborhood significantly impacted by this dissimilar use. Commissioner Haney cited certain provisions in the General Plan which are used as a guideline in the planning process. He commented that the residential compatibility with a fast food restaurant has been looked at by the Commission before and the issues are not new. The residential compatibility with an adjacent fast food use is an issue. He further stated, in his opinion, Mr. Achadjian is not being deprived of the use of an existing facility there; he has an existing gas station, a convenience store, and he has a Juice and Java kind of outlet or sandwich shop, so there are a lot of things he can do to make that element still work and still be profitable. However, this particular use is an incremental use that has a very high intensity with significant associated impacts which is a fundamental incompatibility with the adjacent residential use. Commissioner Haney stated another major concern he has is this small site of 22,000 square feet is substantially over - intensified. The circulation patterns, the parking issue and all of the other concerns are far too intense for this small of a site. Chair Lubin stated he tried to find reasons to approve this project because, in his opinion, if you have Highway Commercial property and you have the ability to put in an additional profitable business, you should have the right to do that. He recognized the land use incompatibility with the adjoining areas, but he also felt there were probably mitigating circumstances that could take care of some of those concerns, such as the lighting and noise issues. However, he couldn't justify getting past the intensity of use in such a small area and, therefore, he could not support the project as currently presented. After further discussion, on motion by Commissioner Haney, seconded by Commissioner Greene, and unanimously carried, staff was instructed to return to the Planning Commission with a resolution denying the applicant's request for a Conditional Use Permit amendment based on the following specific findings: The Planning Commission finds that the proposed project will not protect the integrity of the existing and adjacent land uses due to noise, odor and traffic; • That the intensity of uses on a relatively small site is incompatible with the surrounding and adjacent residential land uses; • That there does not exist adequate buffering and setbacks between dissimilar uses on the current site plan; • That adequate screening has not been provided between dissimilar uses; • That adequate parking, loading and circulation on site for these mixed uses have not been adequate; • that applicant and area residents concur that left turns continue to be a major concern for everyone involved, and • that this may set an inappropriate and unwise precedent which may set a pattern for future development. Arroyo Grande Planning Commission Page 5 September 9, 1998 In view of the above action, the request for a Planned Sign Program amendment and Variance was denied on motion by Commissioner Green, seconded by Commissioner Haney, and unanimously carried. PUBLIC HEARING (CONTINUED) PLANNED SIGN PROGRAM 98 -127 AND VARIANCE CASE 98 -211, REPLACE EXISTING SIGNS AND ADD ONE ADDITIONAL SIGN; APPLICANT: WILLIAM SCHOEFLER (CASA GRANDE INN); LOCATION: 850 OAK PARK BOULEVARD Associate Planner Helen Elder reviewed the staff report dated September 1, 1998. She reviewed that in 1992 Casa Grande Inn received approval for a Planned Sign Program totaling 198 square feet, with a total of four signs, which included a double faced pole sign, a free standing monument sign and two wall signs. The Planning Commission reviewed the proposed Planned Sign Program at their meeting of July 7, 1998 and expressed concern regarding the number and size of the proposed signs. The item was continued to allow the applicant to redesign their proposal in response to the Commission's comments. Ms. Elder advised that the existing signs were approved prior to the most recent revisions to the Sign Ordinance and are non - conforming. The applicant has submitted revised plans in response to the Commission's comments. She reviewed the proposed changes to the existing signs, noting that the changes now include the removal of one sign and the total number of signs, as proposed, would not increase. After staff's presentation, Chair Lubin opened the public hearing. Jim Cravens, Grover Beach, representing the applicant, advised that the signs on the property now do not conform to Best Western standards. Commissioner Parker questioned the proposed size of the pole sign being 88 feet, stating at the last meeting the Commission indicated they wanted to be within the Code, and asked if Best Western had a specific size available. Mr. Cravens advised that the next size would be considerably smaller and because of the spread of the existing poles would require a lot of structural changes as far as the width is concerned. Hearing no further comments from the audience, Chair Lubin closed the public hearing and restricted further comments to the Commission. Chair Lubin stated he had met with Mr. Schoeffler and learned that there are two issues involved. One is to modernize and bring the signs up to the standards of the Best Western. The other issue is marketing or advertising. Chair Lubin stated they had talked at length about the signs and it was Mr. Schoeffler's opinion that the pole sign requested is a marketing and advertising issue for him to compete with the Holiday Inn on the other side of the freeway. He stated that numerous times he has been called by the Holiday Inn to cancel reservations and has lost clients because of poor identification. In addition, he has requested the sign on the south side of the building so that it can be seen from the people coming down Oak Park from the Grover Beach side, and the pole sign remains perpendicular from the freeway. Chair Lubin stated he is prepared to support this request. With regard to the new sign without changeable letters, he felt it would be a benefit. Adding the sign to the south side of the building would not infringe on any residences on that side of the freeway. Commissioner Greene stated, from an aesthetic standpoint, he believes the proposed pole sign is an improvement over the old one. In view of the Chairman's comments, he is prepared to go forward with this project. Arroyo Grande Planning Commission Page 6 September 9, 1998 Commissioner Parker commented that the proposed changes are acceptable to her. She stated she believes the plan is a good one and doesn't have any problems with it. Commissioner Keen stated he doesn't have a problem with Sign #1 totaling 33 square feet over the allowable limit because of its location and, even though he does have concerns about some aspects of the plan, he would support the project. Commissioner Haney stated he likes the looks of the new signs, however, he is concerned about over stepping some boundaries because in previous sign plans, the Commission has tried to stay within those boundaries. He commented that the pole sign is going to be over almost double. He stated he is opposed to the plan because it violates previously established standards and he is advocating staying within the total square footage. After considerable discussion, Chair Lubin closed the public hearing and the following action was taken: RESOLUTION NO. 98 -1666 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNED SIGN PROGRAM CASE NO. 98-127, APPLIED FOR BY WILLIAM SCHOEFFLER, LOCATED AT 850 OAK PARK BOULEVARD (BEST WESTERN CASA GRANDE INN) On motion by Commissioner Parker, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Parker, Keen, Greene and Lubin NOES: Commissioner Haney ABSENT: None the foregoing resolution was adopted this 9 day of September 1998. PUBLIC HEARING (CONTINUED) - AMENDMENT TO CONDITIONAL USE PERMIT CASE NO. 97 -560, REVISIONS TO SITE PLAN; APPLICANT: DAN BLOUGH (WAYNE'S TIRE); LOCATION: 505 GRAND AVENUE Because of a possible conflict of interest, Chair Lubin relinquished the Chair to Vice Chair Haney and is now absent. Associate Planner Helen Elder reviewed the background of this project, advising that the Planning Commission approved a Tentative Parcel Map for this site on December 16, 1997. Subsequently, the Commission approved Conditional Use Permit 97 -560 to construct a 3,400 square foot automotive repair facility. The applicant is now requesting approval of an amendment to the Conditional Use Permit to modify the approved site plan. The modification would reconfigure the parking lot and reduce the number of parking spaces by three. The parking lot modification will result in increased landscaping on the site adjacent to the south property line. She stated that the project meets all Development Code standards including parking and maximum parking lot slope. Arroyo Grande Planning Commission Page 7 September 9, 1998 Ms. Elder advised the modification proposes 9 parking spaces on Parcel 1 and 9 parking spaces on Parcel 2, for a total of 18 spaces. The 9 spaces on Parcel 2 would appear adequate based on the size and scale of the existing operation. After staff's presentation, Vice Chair Haney re- opened the public hearing for public comment. Dan Blough, 2637 Lorencita Drive, Santa Maria. applicant, described the proposed plan, advising that the plan for Jiffy Lube as it now exists will not be changed. The revised plan slightly modifies the grade elevations of the Wayne's Tire Store, leaving the Jiffy Lube site unchanged. Mr. Blough requested that the original approved plan also remain as an approved plan. He stated, in his opinion, the Jiffy Lube tenant may change his decision when he sees the site under construction and will understand the benefits of the original plan. In response to Commissioner Greene's question as to when the Jiffy Lube lease expires, Mr. Blough advised the lease expires in two more years, with 2 five year options. Mr. Blough further advised that the property has been split and he has already pulled the grading permit. Upon hearing no additional comments, Vice Chair Haney closed the public hearing and restricted further comments to the Planning Commission. Commissioners Parker, Keen and Greene all stated they do not have a problem with the proposal. There being no further discussion, the following action was taken: RESOLUTION NO. 98 -1667 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT CASE NO. 97-560, APPLIED FOR BY DAN BLOUGH, LOCATED AT 505 GRAND AVENUE On motion by Commissioner Greene, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Parker, Greene, Keen and Haney NOES: None ABSENT: Commissioner Lubin the foregoing resolution was adopted this 9 day of September 1998. Chair Lubin is now present and assumed the Chair. PLANNING COMMISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS. Community Development Director Jim Hamilton reviewed items being scheduled for future Planning Commission meetings. There was a brief discussion regarding the Rodeo Heights Draft Environmental Impact Report and the Five Cities Sign Plan. Arroyo Grande Planning Commission September 9, 1998 WRITTEN COMMUNICATIONS 1. Anonymous letter received September 8, 1998 regarding Berry Gardens Specific Plan. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:30 p.m. by the Chairman. ATTEST: 4.41 Ler earl L. Phinney, Commission Cl k AS TO CONTENT: amilton, AICP ommunity Development Director Page 8 1 1