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PC Minutes 1998-06-161 1 1 ARROYO GRANDE PLANNING COMMISSION JUNE 16, 1998 The Arroyo Grande Planning Commission met in regular session with Chair Lubin presiding. Present are Commissioners Rondeau, Greene and Haney. Commissioner Parker is absent. Also in attendance are Acting Community Development Director Helen Elder, Associate Planner Bruce Buckingham and Contract Planner Lezley Buford. ORAL COMMUNICATIONS - None PUBLIC HEARING - TIME EXTENSION FOR CONDITIONAL USE PERMIT CASE NO. 95 -535, ONE YEAR TIME EXTENSION FOR APPROVAL OF CONSTRUCTION OF A 39,636 SQUARE FOOT YMCA AND APPURTENANT FACILITIES; APPLICANT: SOUTH COUNTY YMCA; REPRESENTATIVE: JOHN ROSSETTI; LOCATION: 400 WEST BRANCH STREET Due to a possible conflict of interest Chair Lubin relinquished the Chair to Vice Chair Haney. Chair Lubin is now absent. - Associate Planner Bruce Buckingham reviewed the staff report dated June 16, 1998. He advised that on June 20, 1995 the Planning Commission approved Conditional Use Permit 95 - 535 to construct an approximate 40,000 square foot YMCA facility. The YMCA is now requesting a one -year time extension for the project to allow additional time to analyze the feasibility of the project. Mr. Buckingham advised that the Staff Advisory Committee reviewed this project at its May 19, 1998 meeting. Staff and the Staff Advisory Committee recommends that the Planning Commission approve the request for a time extension. Commissioner Greene asked what authority the City Council or Planning Commission would have to make modifications or minor changes to the plans if the request is approved and the Conditional Use Permit (CUP) is extended for another year? Mr. Buckingham advised that the Planning Commission could consider modifications, however, he cautioned that the public hearing was advertised as a time extension and if the Commission wanted to make changes to the plans, consideration should be given to re- advertising the public hearing. He further noted that the Commission could bring the matter back at any time for consideration as part of the CUP process. In answer to Vice Chair Haney's question if any action taken by the Commission tonight would impact or extend the Memorandum of Understanding and Lease Agreement between the City and YMCA, Mr. Buckingham advised he was unable to contact the City Attorney regarding those documents, however, he did speak to the City Manager and it was his opinion that the two documents are mutually exclusive. Mr. Buckingham advised that the terms of the Lease Agreement would stay in effect and will expire July 23, 2003, which is 7 years from the approval of the document. There being no further discussion between the Commission and staff, Vice Chair Haney opened the public hearing for comments. John Rossetti. Facilities Chairman for the YMCA, stated he agrees with Mr. Buckingham's comments regarding the Memorandum of Understanding and Lease Agreement. He advised that once the Board has completed their analysis, they will almost undoubtedly come back and ask for changes, giving the City another shot at making comments and/or modifications. Arroyo Grande Planning Commission Page 2 June 16, 1998 Commissioner Greene stated his feeling that perhaps landscaping could be improved and a way to modify the access to the project could be addressed at some future date. In answer to Vice Chair Haney's comment regarding the project's status, Mr. Rossetti advised that the governing bodies of the YMCA have changed and in looking back at the documents and the project itself, they were not sure how the previous Board planned to accomplish such a grandiose project. He stated the fund raising that is being done in the community doesn't seem to be able to support such a project. The YMCA's ability to program that kind of facility and remain in the black doesn't seem to be supported by the community. The new Board feels they have a little more realistic view now and are taking a hard look at the project. He pointed out that there have been some significant changes in the YMCA in the past few years and, being a new group, they are not quite sure what the community can support and what the YMCA can do. Also, there are some things that need to be done, and they intend to see if they can satisfy some of the program needs and explore those with the City, the School District and the community to determine if it is possible to do a project like this. He felt by Fall they should know pretty well if they can do such a project, or perhaps a scaled -down project. Kirk Scott. 529 Via Vaquero. commented that, given the age of this project, a great deal has changed in that area with the addition of the Five Cities Center and, in his opinion, it would seem feasible to re -visit this project with the thought in mind that there are going to be factors present there now that were not there four years ago. He suggested taking a second look at the project before anything is put in concrete. C. Z. Brown. 350 Old Ranch Road. reviewed that on June 28, 1994 an MOU was entered into between the City and the YMCA, listing specific things to be accomplished by the YMCA. On June 20, 1995 a CUP was granted, and General Condition, Paragraph 2, specifies "...application will expire on 6 -20-98 unless building permits are issued... ". Under "Mitigation Measures", Paragraph #7 requires that $29,439.00 be paid by the YMCA to the City for Transportation Facilities Development Impact Fees before issuing building permits. It also outlines specific phases to be completed within time frames. On 7 -23 -96 there was a lease between the City and the YMCA for one dollar a year for 99 years, and time frames were again specified. On 4 -10- 97 a request was made for a CUP to place a mobile unit and roller hockey facility on the site. Mr. Brown stated, to his knowledge, that was not in the original Memorandum of Understanding or in the CUP. The previous Community Development Director polled the various City departments with regard to the request for a CUP, and the response was that was a significant change to the original MOU and CUP. Mr. Brown referred to the site plan, noting a proposed roller hockey facility is shown in the parking area. He commented if that plan is approved, in essence, the roller hockey facility is included. Mr. Brown stated he is not opposed to the YMCA per se, but he had specifically requested to be notified of any further meetings regarding the YMCA, however, he just learned of this meeting this afternoon. Mr. Brown stated, in all fairness to the Commission and to the community, this matter should be continued for further study, particularly, if the Commission has not had time to review the MOU, the CUP or the existing lease. Heather Jensen. 569 May Street stated her appreciation that the YMCA would serve the community very well in all aspects they stand for and the services they provide to the community, however, she is concerned about the lack of follow - through on the commitment that was originally given to the City four years ago, and she is concerned about tying this up for another year. She noted that the City is going through the General Plan Update now and this is something that could be given some thought as alternative uses other than the YMCA, and she feels this would be very appropriate for consideration during the General Plan Update session. 1 1 1 1 1 Arroyo Grande Planning Commission Page 3 June 16, 1998 Hearing no further comments from the audience, Vice Chair Haney closed the public hearing and restricted further comments to the Planning Commission. In response to Commissioner Greene's question regarding the roller skating facility, Associate Planner Buckingham advised there was a request made for some kind of alteration regarding a roller blading facility. It was determined that the CUP would have to be amended since the request was different from the approved project. Subsequently, nothing was filed by the YMCA to amend the CUP. He further noted if the Planning Commission approves the time extension, they would be approving only the project as it was originally approved with the facilities identified on the plan. Commissioner Greene asked about the time element if the Commission followed along the lines of the General Plan Update and alternative uses for the property. Acting Community Development Director Helen Elder advised the next General Plan Workshop will be held on Saturday, June 25 and possibly one or two more workshops will be held in early Fall, at which time this could be considered as part of the Parks and Recreation Element. She stated that staff is recommending that the time extension be approved, and if the Commission would like more information on this issue, the matter could come back at the next meeting. She further commented that one way or another the applicant should have an answer on the time extension. Vice Chair Haney stated his concern that some of the people were not notified about the public hearing and, therefore, he would be in favor of the extension for a shorter period of time rather than for a year. After further discussion, on motion my Commissioner Greene, seconded by Commissioner Rondeau, and unanimously carried, Public Hearing on the Time Extension for CUP 95 -535 for the YMCA facility was continued to the Planning Commission meeting of July 21, 1998. Vice Chair Haney requested information be given to the Commission on the City Attorney's opinion regarding Condition No. 2, and assurance that by approval of the CUP extension, that nothing was being modified in the MOU or the Lease Agreement. Chair Lubin assumed the Chair and is now present. PUBLIC HEARING - PLANNED SIGN PROGRAM CASE NO. 97 -125; APPLICANT: BEACON SERVICE STATION; REPRESENTATIVE: SALVADOR PABLO; LOCATION: 610 GRAND AVENUE Contract Planner Lezley Buford reviewed the staff report dated June 16, 1998. She advised that the Planning Commission previously reviewed this item on May 5, 1998 and, at that time, the matter was continued to allow the applicant time to revise the plans consistent with the Commission's comments. She noted that at the May 5t meeting the applicant proposed additional signs consisting of the name and logo on the east and west elevations of the spandrel, and the logo on the south elevation. At that time, it was noted that Section 9- 13.070,D3 of the Development Code provides that any business with a nonconforming sign shall not be entitled to additional signs unless the nonconforming sign is brought into conformance with existing sign regulations. This would require the applicant to bring the monument sign into conformance with the sign ordinance, even though the number of signs proposed was within the limit (4) allowed under the provisions of the ordinance. Arroyo Grande Planning Commission Page 4 June 16, 1998 g Ms. Buford commented that the applicant is proposing (1) removal of the existing 2'6" x 10' 0" UltraMart sign cabinet, which is to be replaced with an 18" "UltraMart" illuminated sign on the south elevation; and (2) reface and repaint the price identification sign. The applicant also proposes to remove two existing spandrels above the gasoline dispenser islands and replacing them with 36" aluminum fascia band on four sides of the canopy; install 30" gray aluminum fascia band and illuminated red channel bars on the south, east and west elevations; and install 30" aluminum band with red stripes on the south and west elevations of the car wash building. She pointed out that these changes are not considered as signs under the ordinance. Ms. Buford stated the applicant's proposal is consistent with the provisions of Development Code Chapter 9 -13, and has been reviewed by the Staff Advisory Committee and Architectural Advisory Committee. The proposal is recommended for approval with the following conditions: 1. Add a panel to the car wash similar to the panel proposed for the market with the stripe, but without the lighting, and painted the same color (gray). 2. Paint the section of the monument sign between the sign copy and the monument post red. After a brief discussion between staff and the Commission, Chair Lubin opened the hearing for public comment. Stan Robertson. 610 Grand Avenue. owner of the business, was present to answer any questions the Commission may have. Hearing no further comments from the audience, Chair Lubin closed the public hearing and restricted further comments to the Commission. Commissioner Rondeau commented it was his understanding from the last meeting that the only outstanding issue was the discrepancy with the price sign in the front and, other than that, everything else was in line with the regulations. Commissioner Haney stated he was under the impression from the last meeting and from the Architectural Advisory Committee's recommendation, that there would be no channel lighting on the blue /red band; only the lettering shall be lit on all of the structures. However, the current staff report does not include this recommendation. Commissioner Greene asked for clarification with regard to the applicant's request as far as lighting is concerned. Commissioner Haney referred to the staff report dated May 19, 1998, Page 3, under Architectural Advisory Committee Recommendations, Condition No. 3, stating that there shall be no channel lighting. Chair Lubin stated it was his interpretation that there is no internal lighting of the gray /red/blue band along the canopy, the building or the car wash, and that the only illumination would be external illumination for the canopy, and that the building would be illuminated by the lettering of the "UltraMart" sign, and no illumination for the car wash. Commissioner Haney commented that since this is a resubmittal of plans previously reviewed by the Commission, all of the corrections have not been made on the plans. He suggested the following changes should be made to the plans and to Attachment "A" of the Resolution: 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 9 April 21, 1998 loading dock issue needs to be addressed, and he agreed with Commissioner Haney regarding the back of the buildings facing Fair Oaks Avenue. He commented he feels the applicant is fighting an uphill battle on some of the issues, however, he is supportive of the project and it is just a question of making it work. PLANNING COMNIISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS. A. Pending Projects in San Luis Obispo County. Acting Community Development Director Helen Elder referred to the notice received from the County regarding a request for a secondary dwelling unit at 188 Valley View. She stated the notice was included with the agenda packets in keeping with the Commission's request to be notified of pending County developments. B. Update of Projects. Ms. Elder advised the tentative dates for the upcoming City Council /Planning Commission meeting have been submitted to the City Council. They are 6:30 P.M. on Wednesday, June 10 Thursday, June 18 or Thursday, July 23r C. General Plan Update. Ms. Elder advised that the next workshop is tentatively scheduled for June 13 and approximately 8,000 notices will be mailed to residents notifying them of the General Plan Workshop. D. Written Communications 1. (Agenda Item III.A) Resolutions 95 -1500 and 95 -1503 2. (Agenda Item DI.C.) Letter from W. Von Biskupsky, dated April 20, 1998. 3. (Agenda Item III.D.) Two letters from Mike Miner of Miner's Ace Hardware, one dated April 20, 1998 and the other dated April 21, 1998. 4. (Agenda Item III.D.) Resolutions 94 -1458 and 94 -1459. 5. Draft Environmental-Impact Report for the Berry Gardens Specific Plan Project. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 11:20 p.m. on motion by Commissioner O'Donnell, seconded by Commissioner Greene, and unanimously carried. ATTEST: earl L. Phinney, Commissio AS TO CONTENT: Clerk e th/kt/ Helen M. Elder, AICP Acting Community Development Director • 1 1 1 1 Arroyo Grande Planning Commission Page 5 June 16, 1998 g 1. The Eagle logo element on the building attachment details, the text at the bottom center, should be removed. 2. The sign notes on the plan itself, right hand side, Item #2 should be "New 36" striped aluminum banding on 4 sides of canopy". 3. The item on "Number of Signs Proposed" is currently listed as 7 signs and should be revised to 3 signs; the monument sign, the UltraMart Sign, and the price sign. 4. The last item on the sign detail should be "repaint cabinet and base 428C Gray", and should also include the color red, as called out on the drawings themselves. Include Item #3 of the previous Architectural Advisory Committee report, stipulating that there shall be no channel lighting on the blue /red band on the canopy; only the lettering shall be lit. After further discussion, the following action was taken: RESOLUTION NO. 98 -1655 A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM, CASE NO. 98 -125, APPLIED FOR BY ULTRAMART/BEACON, LOCATED AT 610 GRAND AVENUE On motion by Commissioner Haney, seconded by Commissioner Greene, and by the following roll call vote; to wit: AYES: Commissioners Greene, Haney, Rondeau and Chair Lubin NOES: None ABSENT: Commissioner Parker the foregoing Resolution was adopted this 16t day of June 1998. Chair Lubin reiterated his understanding that approval does not allow any illumination of the canopy, including external illumination at the top of the canopy to highlight the band. PUBLIC HEARING - AMENDED PLANNED SIGN PROGRAM CASE NO. 92- 104 /VARIANCE CASE NO. 98-208, AMENDMENT MODIFYING EXISTING BUILDING MOUNTED SIGNS; APPLICANT: K -MART /ACME WILEY SIGNS; LOCATION: 1570 W. BRANCH STREET Contract Planner Lezley Buford reviewed the staff report dated June 16, 1998. She stated that this item was heard by the Commission on May 5, 1998 and, at that time, the Commission continued the matter to allow the applicant to revise signage plans consistent with the Commission's comments. Ms. Buford described the proposed changes to the existing signs. She also pointed out several factors to justify the granting of a Variance in this particular case. Arroyo Grande Planning Commission Page 6 June 16, 1998 In 1992 K -Mart received a sign permit for signage totaling 267 square feet, and a Variance to allow three wall signs instead of the two signs allowed by ordinance. Currently, they are requesting (1) the "K" over the main entrance would be replaced by an internally illuminated "K" with a height of 7 feet: (2) Blue internally illuminated letters reading "Big" and an internally illuminated "swoop" would be installed, and (3) the existing signage for the garden shop and pharmacy would remain. She advised that the signage removed totals approximately 129 square feet, and the new signage totals approximately 152 square feet. Commissioners Greene and Haney commented that since . the request is within the parameters of the original City Council approval, why a new Variance is being requested rather than modifying the existing Variance since the requested changes are minor. Ms. Buford advised that the changes requested require approval of a new Variance. After a brief discussion between the staff and Commission, Chair Lubin opened th e hearing for public comment. Sue Medinger. Rancho Cucumonga. Acme Wiley Signs, representing K -Mart, addressed the Commission. She advised the reason for the Variance request was due to the fact that the original request submitted was over the allowable square footage. She noted they are now under the total allowable square footage by approximately 11.5 square feet. She further stated that the sign is internally illuminated and will look identical to what is there now. There being no further comments from the audience, Chair Lubin closed the public hearing. Commissioner Haney stated, given the changes that are being made in the sign program, it appears the applicant is within their prior approvals, both as to square footage and also the total number of signs they have. The modifications requested, in his opinion, are relatively minor and he didn't feel a new variance should be required. Chair Lubin stated he feels the Commission should move forward on the request, and expressed his feelings that the request falls within the existing entitlement and he does not see any major changes being requested. Commissioner Greene stated, in his opinion, this is simply a modification to an existing entitlement and perhaps the most efficient and effective way to process this would be to deem this a modification of an existing Variance. The Commission was in agreement with Commissioner Greene's suggestion to modify the existing Variance. Commissioner Haney read his recommendation for re- drafting the existing resolutions with modifications as follows: 1. Modify the 4 "Whereas" to read "WHEREAS, in conjunction with this application, the applicant has filed for a Variance modifying a presently approved sign program; and" 2. Add "findings" (1) that the Planning Commission and City Council previously approved in 1992 a Planned Sign Program for this tenant under the ordinance and sign code then in effect. This approval allowed approximately 267 square feet of signage and a total of 3 signs; (2) That the tenant has remained within the total sign area and the number of signs previously approved and the requested changes are minor in nature, and (3) It would not be an appropriate policy to require the existing tenant with an existing approved Sign Program to conform to the new lower standards of the recently passed sign ordinance when the changes involved are minor in nature. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 7 June 16, 1998 Other modifications are to remove the last sentence of Finding #1, and re- number the other findings accordingly. With regard to Attachment "A" Conditions of Approval, replace the language "Remove sign with a total area of 232 square feet" and insert the language "...signs with a total area of 265 square feet... ". There being no further discussion, the following action was taken: RESOLUTION NO. 98 -1656 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNED SIGN PROGRAM CASE NO. 92-104, APPLIED FOR BY K -MART, LOCATED AT 1570 WEST BRANCH STREET On motion by Commissioner Haney, seconded by Commissioner Greene, and by the following roll call vote; to wit: AYES: Commissioners Haney, Rondeau, Greene and Chair Lubin NOES: None ABSENT: Commissioner Parker the foregoing resolution was adopted this 16 day of June 1998. PUBLIC HEARING - PLANNED SIGN PROGRAM CASE NO. 97-124 AND VARIANCE CASE NO. 98-210, SIGN PROGRAM FOR SHOPPING CENTER, APPLICANT: AGRA, LLC /FIVE CITIES CENTER; REPRESENTATIVE: MICHAEL HEINRICH /MUSIL GOVAN AZZALINO; LOCATION: WEST BRANCH STREET AND RANCHO PARKWAY Chair Lubin referred to a letter dated June 15, 1998 requesting continuance of this item to the meeting of July 7, 1998. He advised that this matter would be continued as requested. NON - PUBLIC HEARING - INTERPRETATION FOR CONDITIONAL USE PERMIT CASE NO. 96-548 CONDITION OF APPROVAL #44 ON RESOLUTION NO. 97 -1604, REQUEST FOR INTERPRETATION OF ELEVATOR BACK -UP POWER SOURCE; APPLICANT: HORIZON MULTI- HOUSING LLC (WYNDHAM RESIDENCE); REPRESENTATIVE: CHRIS SKIFF; LOCATION: 222 SOUTH ELM STREET Acting Community Development Director Helen Elder reviewed the staff report dated June 16, 1998 prepared by Terry Fibich, Director of Building and Fire. She stated as a condition of approval for the Elm Street Manor project, a back -up power source is required to allow operation of the elevator in case of a large scale power failure. The developer has proposed a "Rescuvator" as back - power source to satisfy this requirement. The Director of Building and Fire has approved this is an acceptable device for the project, and recommends approval by the Planning Commission. Arroyo Grande Planning Commission Page 8 June 16, 1998 Chris Skiff. 51 19 Street. Cayucos. representing the applicant, addressed the Commission and briefly reviewed the history of the project. He stated they have had numerous meetings with the Building and Fire Department and, as a result of those meetings, the device known as the "Rescuvator" was deemed appropriate for this project. Mr. Skiff also advised they are required by State law to have a disaster and emergency plan in place at all times, and are also required to have 24 hour staff on the property at all times. After further discussion, the following action was taken: RESOLUTION NO. 98 -1657 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE INTERPRETING THAT A "RESCUVATOR" IS AN ACCEPTABLE BACKUP POWER SOURCE FOR ELEVATORS AS REQUIRED BY DEVELOPMENT CODE SECTION 9 -06 -050 (C) (2) On motion by Commissioner Rondeau, seconded by Commissioner Greene, and by the following roll call vote, to wit: AYES: Commissioners Haney, Rondeau, Greene and Chair Lubin NOES: None ABSENT: Commissioner Parker the foregoing resolution was adopted this 16 day of June 1998. PLANNING COMMISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS. Update of Projects. Acting Community Development Director Helen Elder reminded the Commission of the General Plan Workshop to be held Saturday June 20` from 9:00 a.m. to noon in the Arroyo Grande High School Gym. Also, a joint City Council/Planning Commission meeting is scheduled for Thursday, June 18 at 6:30 p.m. Chair Lubin referred to the UltraMart/Beacon Planned Sign Program, stating this is the second time in recent history whereby applicants have submitted plans based on old proposals that have been reviewed by the Commission and referred back to the applicant with comments, suggestions or for corrections, and have come back to the Commission without updated plans. He requested that those items not comeback to the Commission unless they are new plans that correctly show all the changes. Chair Lubin also referred to the Spencer letter that was received by the Commission. Ms. Elder advised this item could be scheduled for review by the Commission at the July 21' meeting. Chair Lubin commented that when this matter was previously heard by the Commission, no action was taken because of an agreement between both parties that the trellises and awnings would be installed, however, according to the letter dated June 9 it appears that this has not been done. Commissioner Haney suggested that a copy of the letter be forwarded to Mr. Ken Nordin to see if this matter could be taken care of without having to be scheduled again before the Commission. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 9 June 16, 1998 Commissioner Haney commented he was recently made aware of a Planning Department policy regarding traffic review as part of an initial study for EIR's, and also staff review for "in -fill" projects. He stated, in talking with staff, it is his understanding that they really do not do much with traffic on in -fill projects. He referred to two recent projects before the Commission, commenting that both projects are going to be generating traffic that impact two key intersections that are functioning at marginal levels of service. Those intersections are Fair Oaks and Traffic Way, and Traffic Way and East Branch /Grand Avenue. He suggested a discussion item be scheduled for the Commission to provide staff with direction. Commissioner Greene stated this has also been a source of concern to him regarding some of the projects that have come before the Commission. He suggested considering this issue for future discussion. Commissioner Rondeau and Chair Lubin agreed with Commissioners Haney and Greene. Chair Lubin recommended allowing staff a period of time to do the research and prepare a staff report concerning this item, and perhaps schedule it as a discussion item within the next couple of meetings. WRITTEN COMMUNICATIONS 1. Letter dated June 15, 1998 from John Rossetti. 2. YMCA Lease Agreement and Memorandum of Understanding. 3. Letter dated June 15, 1998 from Thomas D. Green. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:30 p.m. on motion by Commissioner Rondeau, seconded by Commissioner Haney, and unanimously carried. ATTEST: Pearl L. Phinney, Commission V erk AS TO CONTENT: 6 Helen M. Elder, AICP Acting Community Development Director