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PC Minutes 1997-09-161 1 1 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. 1 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. 1 1 • Arroyo Grande Planning Commission Page 5 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. 1 1 Arroyo Grande Planning Commission Page 7 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. 1 1 1 1 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