PC Minutes 1997-09-161
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ARROYO GRANDE PLANNING CONLNIISSION
SEPTEMBER 16, 1997
The Arroyo Grande Planning Commission met with Chair Lubin presiding. Present were
Commissioners Greene, Haney, O'Donnell, and Rondeau. Community Development Director
Doreen Liberto - Blanck, AICP, and Associate Planners Bruce Buckingham and Helen Elder,
AICP, were in attendance.
APPROVAL OF MINUTES - On a motion by Commissioner O'Donnell; seconded by
Commissioner Greene; and by unanimous vote; the minutes of August 19, August 27, September
2, 1997 were approved as corrected.
ORAL COMMUNICATIONS - Steve Carr. Pastor of Calvary Chapel in Arroyo Grande,
addressed the Commission regarding a letter he had received from the City indicating that a
Conditional Use Permit (CUP) would be required to allow continuance of a "skateboard night"
activity that the Church was holding for youth in the community. He requested that the
Commission review the matter and noted that since the activity was a church sponsored activity
on their property, he did not consider it any different than any other church sponsored activity
and could see no need for the CUP.
Paul Sizemore. 2280 Ocean St, Oceano - stated that he is a church employee who had been
active in the City taskforce for lids; indicated the need for such an activity; and, requested that
the Planning Commission allow the activity to continue.
Chair Lubin indicated that the Commission w as unable to address the issue since it was not on
the posted agenda; however, he assured Mr. Carr that staff would review the issue and contact
him by week's end.
PUBLIC HEARING ITEM: PLANNING COMMISSION REVIEW OF A REQUEST TO
CONSTRUCT A 635 SQ. FT. RESIDENTIAL UNIT; CONDITIONAL USE PERMIT
CASE NO. 97-557 AND ASSOCIATED ARCHITECTURAL REVIEW; APPLICANT, KEN
AND LINDA OSTY; LOCATION, 309 EAST CHERRY AVENUE
Associate Planner Bruce Buckingham presented the staff report; noted that the project meets the
Development Code requirements; expressed the need for a deed restriction for the property
owner to reside in one of the units; noted that a Negative Declaration was attached for PC
review; and, stated that staff recommended approval based on the findings in the Resolution and
the attached Conditions of Approval.
Commissioner Haney inquired if there had been any comments from the neighbors regarding the
project; and, about COA #8 which allowed construction activities to be conducted on Sunday.
Associate Planner Buckingham replied that there had been one response from a neighbor stating
that the Osty's do not reside on the property; however, the deed restriction would require that
they reside in one of the units. Community Development Director Liberto -Blanck indicated that
normally construction did not occur on Sunday; however, the Noise Element did not prohibit it,
and that COA #8 could be amended to delete Sunday.
Chair Lubin opened the public hearing.
Arroyo. Grande Planning Commission Page 2
September 16, 1997
Tim Tiessen. 725 Shell Beach Road. Pismo Beach - stated that he had designed the project and
was available to answer any questions; and, indicated that the Osty's will reside in the rear unit.
Ken Osty. 305 Allen Street - stated that he and his wife intend to reside in the rear unit; and,
requested Planning Commission approval of the project.
Linda Osty. 305 Allen Street - discussed the project; stated that her mother would live in the
front unit, and she and her husband would live in the rear unit; and, requested Planning
Commission approval of the project.
There being no further comments from the audience, the public hearing was closed.
Commissioner Rondeau noted that he had visited the site and reviewed the material and had no
opposition to the project.
Commissioner O'Donnell indicated that he felt the proposal was a good project which would
improve the neighborhood.
Commissioner Greene concurred.
Commissioner Haney indicated that the proposed project was well designed and fit the
neighborhood character.
Chair Lubin concurred and invited a motion.
The following action was taken:
RESOLUTION NO. 97 -1632
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION,
INSTRUCTING THE SECRETARY TO FILE A NOTICE OF
DETERNIINATION, AND APPROVING CONDITIONAL USE PERMIT
CASE NO. 97-557, LOCATED AT 309 EAST CHERRY AVENUE APPLIED
FOR BY KEN AND LINDA OSTY
To adopt the Resolution with the following amendments:
Modify COA #8 -
Construction shall be limited to between the hours of 7 a.m. and 10 p.m. Monday
through Friday and between 8 a.m. and 5 p.m. on Saturday or- Sunday.
On a motion by Commissioner O'Donnell, seconded by Commissioner Haney, and by the
following roll call vote, to wit:
AYES: Commissioners O'Donnell, Haney, Greene, Rondeau and Lubin
NOES: None
ABSENT: None
There is an appeal period for the public on this decision.
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Arroyo Grande Planning Commission Page 3
September 16, 1997
PUBLIC HEARING ITEM: PLANNING COMMISSION REVIEW OF A REQUEST TO
CONSTRUCT A 640 SQ. FT. EMPLOYEE'S RESIDENCE; CONDITIONAL USE
PERMIT CASE NO. 97 -558 AND ASSOCIATED ARCHITECTURAL REVIEW;
APPLICANT, RUDY BACIIMANN; LOCATION, 955 BRANCH MILL ROAD
Associate Planner Bruce Buckingham presented the staff report; noted that in July of 1997 the
Planning Commission had made an interpretation that employee's residences are not required
to be architecturally compatible with the primary residence which would allow the proposed
residence to be incorporated into a metal accessory structure as shown in the plans; noted that
the project meets the Development Code requirements; stated that no designated site had been
indicated for the enclosed parking, but that there was sufficient space within the building to
accommodate a vehicle; noted that a Negative Declaration was attached for PC review; and,
stated that staff recommended approval based on the findings in the Resolution and the attached
Conditions of Approval.
Commissioner O'Donnell inquired if there had been discussion regarding the parking at the July
meeting. Staff replied that in July the Commission had made the interpretation regarding
architectural review and noted that the proposal meets the Development Code requirements.
Commissioner Haney questioned the fact that there were two different square footage notations
shown on the plans. Staff replied that 640 sq. ft. is the correct number.
Chair Lubin asked if this was a one or two story project and noted the windows shown on the
elevations. Staff replied that the residence was one story and referred the question to the
applicant.
Chair Lubin opened the public hearing.
Rudy Bachmann. 6530 Edna Road, San Luis Obispo - stated that the residence was one story,
however, there was the possibility of storage in the level above the residence.
Commissioner Haney inquired about the use and storage of chemical in the area adjacent to the
residence; and, expressed concern with the possibility that the unit could ultimately be converted
into an income unit. Mr. Bachmann replied that the County Agricultural Commissioner had
strict standards regarding storage and handling of liquid fertilizers and this was monitored.
Commissioner Greene inquired about access to the proposed residence. Mr. Bachmann
explained that there was an existing easement which provided access.
There being no further comments from the audience, the public hearing was closed.
Commissioner Greene agreed with concern expressed that the unit could become an income unit
in the future and stated that this would not be a suitable location for such a unit.
Commissioner Rondeau agreed with this concern and questioned how a restriction could be
added.
Commissioner O'Donnell referred to Condition of Approval No. 9 and felt that could cover the
matter. Community Development Director Liberto -Blanck recommended the deed restriction.
Chair Lubin expressed concern with the health and safety issue of chemical . storage; concurred
with the need for a deed restriction; and, invited a motion.
Arroyo Grande Planning Commission Page 4
September 16, 1997
The following action was taken:
RESOLUTION NO. 97 -1633
A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION,
INSTRUCTING THE SECRETARY TO FILE A NOTICE OF
DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT
CASE NO. 97 -558, LOCATED AT 955 BRANCH MILL ROAD APPLIED
FOR BY RUDY BACHMANN
To adopt the Resolution with the following amendment:
Modify COA #9 -
Prior to issuance of a building permit for the employee's residence, the applicant shall
record a deed restriction and an agreement affecting real property regarding the
employee's residence in accordance with the provisions of Section 9- 11.140 of the
Development Code, and to the satisfaction of the City Attorney and the Community
Development Director. to deed restriction shall prohibit tl t rental f >t mplo e �
�re:en; >.>tearian<ea .loge
AYES: Commissioners Greene, Haney, O'Donnell, Rondeau and Lubin
NOES: None
ABSENT: None
There is an appeal period for the public on this decision.
The Planning Commission took a five (5) minute recess.
On a motion by Commissioner Greene, seconded by Commissioner Haney, and by the following
roll call vote, to wit:
NON - PUBLIC HEARING ITEM: PLANNING COMMISSION REVIEW AND
CONSIDERATION OF APPROVAL OF LANDSCAPING AND PARKING PLAN;
APPLICANT, AGRA, LLC (CENTRAL COAST TOWN CENTER); LOCATION, WEST
BRANCH STREET, CAMINO MERCADO AND RANCHO PARKWAY (RANCHO
GRANDE); REPRESENTATIVE, KEN KAIVI EYER
Associate Planner Helen Elder, AICP, presented the staff report; stated that the plans had been
reviewed with the assistance of a landscape architect hired by the City; referred to the table in
the staff report which reviews each Condition of Approval (COA) and Mitigation Measure and
evaluates whether the applicant's plans conform; noted that COA #27 & 34 approved by the City
Council on July 9, 1996 required Planning Commission approval of the landscaping and parking
plans; noted that the changes recommended by the Planning Commission on June 3rd had been
incorporated into the plans which are date stamped by Community Development Department July
2, 1997; noted that the attached Exhibits are regarding changes suggested by Commissioners
Greene and Haney; and, noted that staff recommended approval of the plans.
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September 16, 1997
Ken Kammeyer and Larry Musil - applicant representatives - presented a summary of the
proposed changes to the plans since the June meeting and explained that the exhibits were a
result of a meeting with Commissioners Haney and Greene.
Chair Lubin clarified that Commissioners Haney and Green had met with Mr. Kammeyer
independently, not as a Planning Commission subcommittee.
There was a presentation and discussion which covered the following: modifications to the palm
trees at the entry; walkway between Sizzler and Wal -Mart; enriched groundcover; species
changes to trees; a review of the discussion with Commissioners Haney and Green which
resulted in Exhibits "A" through "F" and "AA" & "EE"; further discussion regarding the
circulation on site, parking requirements of the City and the major tenants; recommendation in
the Environmental Impact Report (EIR) to eliminate the perception of excessive asphalt;
plantings between the parkway and the street; need for screening of blank walls; size of bollards
in pedestrian area; placement of the fence in the retention basin; need for increased planting
adjacent to residences on Via Vaquero; and, increased shrubbery along Camino Mercado. Mr.
Kammeyer indicated that the plan had improved with each revision and he requested approval
this evening.
Commissioner Greene discussed the EIR statement regarding the water to be held in the retention
basin; asked if that water could be utilized for landscaping; noted his approval of the increased
use of native plants in the plan.
Tom Winfield, Applicant's Attorney - noted that a COA for the approved project was submission
of a Water Conservation Plan. Staff concurred and indicated that the applicant was working
with the Public Works Director on the plan at the present time.
Chair Lubin indicated that if the landscape plan were approved this evening, the Planning
Commission would not be receptive to having it changed unless it were again reviewed by the
Commission.
Commissioner Greene noted that he felt there was an excess number of parking spaces and some
could be deleted in favor of landscaping without harming the project.
Attorney Tom Winfield - noted that the number of parking spaces was in "substantial
conformance" with the original approval and the applicant was not in a position to agree to any
reduction without raising the "substantial conformance" issue.
Commissioner Haney expressed concern with the amount of the landscaping along Camino
Mercado.
Mr. Kammeyer discussed the proposed size and quantity of the trees in the area in question.
Although not a public hearing, Chair Lubin invited comments from the audience regarding the
landscaping plan:
Otis Page, 606 Myrtle Street - advised the Commission that he is participating in a committee
with the San Luis Obispo Council of Governments regarding traffic and circulation infrastructure
improvements and a decision may be reached by October 3; advised the Commission of the
status of his committee's review and the potential for funding; and, discussed the advisability
of the Planning Commission postponing their decision until after October 3.
Arroyo Grande Planning Commission Page 6
September 16, 1997
Chair Lubin indicated that the Planning Commission appreciated the input but was unable to put
off a decision based on the possibility of a decision by another governmental entity.
Tom Talbert. 1015 Meadow Way, representing Concerned Citizens for Responsible Development
(CCRD) - thanked the Planning Commission for their work on the project; noted that the
developer had worked to present a good proposal while making improvements to the plans; and,
noted that it might not be advisable to make a decision regarding the landscaping until the
amount of water available was determined.
Craig Campbell, Public Works Department - discussed safety issues and suggested that a 42"
cast -iron or steel reinforced fence around the perimeter might be advisable to assure the public
safety due to the steepness of some of the slopes.
The Commission discussed the ability of landscaping to form the necessary barrier and /or the
need for fencing and the material to be used for the sidewalks.
Nancy Stites. 487 Via Bandolero - indicated that she participated in the Architectural Advisory
Committee on the project; expressed concern with the maintenance of the landscaping; and, the
drainage on the site.
Mr. Kammeyer indicated that percolation test had been conducted and there will be no standing
water on the site; indicated that the developer was required to bond for the on -going maintenance
of the site; and, would replace any landscaping that did not survive.
Associate Planner Helen Elder indicated that a joint maintenance agreement was a COA and
required in the CC &R's for the center.
Attorney Tom Winfield - stated that the CC &R's are to be approved by the City Attorney and
they will address the continuing maintenance of the site.
There being no further comments from the audience, the matter was returned to the Planning
Commission for discussion.
Commissioner O'Donnell agreed with re- organizing the parking as shown on Exhibit "G" rather
than adding more landscaping in the area; felt that three (3) foot high berm on Via Vaquero were
high enough.
Commissioner Rondeau had no additional comment regarding landscaping.
Commissioner Haney indicated that he was finished with landscaping review.
Commissioner Greene expressed gratitude to Mr. Kammeyer for his commitment to the project.
The Commission took a 10 minute break.
Chair Lubin noted that as clarification, the Planning Commission was reviewing the landscaping
of the parking lot area and not re- calculating the number of parking spaces provided; read COA
#27 of the original approval and stated that the developer was required to provide the amount
of water necessary for the approved landscaping plan; stated that any 'change to the approved
landscaping plan would require Planning Commission approval; and, asked if staff had further
presentation.
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September 16, 1997
Associate Planner Helen Elder indicated that staff had no additional information to present.
Commissioner O'Donnell inquired about the number of parking spaces that had been removed,
where they had been deleted from, and, if the Planning Commission had the final plan to review.
Associate Planner Helen Elder stated that 17 spaces had been removed from the total site in
various locations; noted that the blueprint plans for the site that the Commission reviewed were
accurate; and, stated that the exhibits were in addition to those blueprints.
The Commission discussed the plans that they had reviewed; the exhibits that represented
suggestions for the landscaping plan from two (2) commissioners; trash enclosures located within
the parking areas; and, possible relocation of the trash enclosures.
Staff indicated that details and elevations for trash enclosures are in the approved Design
Guidelines for the project. These Guidelines are more specific than the requirements in the
Development Code.
Attorney Tom Winfield - stated that the City's Architectural Advisory Committee (AAC) had
reviewed the Design Guidelines, at length, and approved them. Any suggestion to change them
would raise the "substantial conformance" issue and the applicant was unable to agree to any
changes of that nature.
Associate Planner Helen Elder read COA #27 as approved by City Council July 9, 1996:
Prior to issuance of a building permit, a landscaping and irrigation plan shall be
prepared by a licensed landscape architect subject to review and approval by the
Planning Commission, Community Development Department, Police, Building and Fire,
and Parks and Recreation Departments. The landscaping plan shall include the
following:
(1) Tree staking, soil preparation and planting detail;
(2) The use of landscaping to screen ground - mounted utility and mechanical
equipment.
(3) The required landscaping and improvements. This includes:
a) Deep root planters shall be included in areas where trees are within five
(S') of asphalt or concrete surfaces and curbs;
b) Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants and mulches shall be
incorporated into the landscaping plan;
c) All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent
material;
d) An automated irrigation system;
(4) The size, type and location of all plant materials;
(5) The type and location of all paving and furniture, including benches, fountains,
or other features.
(6) Treatment of all unbuilt pads.
The Commission discussed how moving the trash enclosures could affect the approved plan.
Community Development Director Liberto -Blanck stated that what had been established was the
design of the trash enclosures; it was her interpretation that the siting of the enclosures could
change as long as the design remained the same.
Arroyo Grande. Planning Commission Page 8
September 16, 1997
Commissioner Haney indicated that he felt his suggestions to re- locate the trash enclosures were
appropriate and should be considered; discussed moving the recycle center from the rear of the
proposed Lucky /Savon to the west of the Wal -Mart; discussed bus parking at the rear of the
Sizzler; and, questioned RV parking on the site.
Commissioner Rondeau recommended not making any final decision until the water situation was
resolved.
Commissioner O'Donnell said in his opinion only the trash enclosure at unit L should be
relocated, he felt the rest of them were in appropriate locations; stated that he was in agreement
with the exhibits presented; but, felt that shorter bushes would be sufficient on Via Vaquero
rather that the suggested tall ones.
Commissioner Greene stated that he was in agreement with the exhibits as presented with the
following exceptions: "C" would like 45" shrubs he feels 30" are ornamental not functional; "I"
would like to see one (1) tree for each five (5) parking spaces in the vicinity
Commissioner Haney noted his agreement with Commissioner Greene, but stated that he felt it
would benefit him if the plan with all of the noted changes were presented to the Planning
Commission for review prior to final action being taken; and, regarding exhibit "I" would like
to see the words "future garden center" removed from the plans.
Chair Lubin noted that he agreed with the exhibits as presented; agreed that "future garden
center" should be removed from the plans; and, noted that the developer could not pull building
permits until the water conservation issue was resolved.
Mr. Kammeyer stated that once the landscaping plan was approved he would be able to provide
Mr. Mann with the amount of water that the plan would require.
Chair Lubin indicated that he could approve the plan based upon the comments and exhibits
presented and noted that staff would validate that all changes had been incorporated into the
plan.
Commissioner Haney stated that he would like to see a final set prior to approval.
The following action was taken, Commissioner O'Donnell made a motion to adopt:
RESOLUTION NO. 97 -1634
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING THE LANDSCAPING AND SITE
PLANS FOR THE CENTRAL COAST TOWN CENTER
with the noted modifications as shown in exhibits "A" through "K ", "AA" and "EE" and
requested a copy of the final plan when it was prepared.
Associate Planner Helen Elder stated that the item would not be placed on the agenda again, but
a copy of the final plan could be provided for Planning Commission review.
The Commission discussed with staff what would occur if the developer did not make the
changes that the Commission had mandated. Staff explained the plan check process that the City
had in place.
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Arroyo Grande Planning Commission Page 9
September 16, 1997
Attorney Tom Winfield - stated that the approved plans would be presented to staff with a copy
for each Commissioner and he would also provide a copy of his transcript so that the
Commission could assure conformance with each requirement. He noted that the applicant was
unable to pull the building permit without conformance with the required changes.
Chair Lubin seconded the motion, following is the roll call vote, to wit:
AYES: Commissioners O'Donnell, Greene and Lubin
NOES: Commissioners Rondeau and Haney
ABSENT: None
PLANNING COMIVIISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND
COMMENTS -
A. Update of Projects - There will be an appeal of the Planning Commission decision
regarding the Burger King at the Mobil Station at the next City Council meeting.
B. Joint Planning Commission and City Council meeting to be held Wednesday, October 1,
1997 at 6:30 p.m. regarding the General Plan update.
WRITTEN COMMUNICATIONS -
1. Agenda Item No. III.A. - Exhibits "F" through "K "; Exhibit "AA" and "EE"
2. July 1997 - Zoning News by APA
ADJOURNMENT
There being no further business before the Commission, on a motion by Commissioner
O'Donnell, seconded by Commissioner Greene, and unanimously carried, at 11:10 pm the
meeting was adjourned to the special joint meeting with the City Council on October 1, 1997
at 6:30 p.m.
ATTEST:
Luci
Breese, Commission Clerk
TO CONTENT:
CO _Ro.st_v,
Doreen Li erto- Blanck, AICP
Community Development Director