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PC Minutes 1997-05-20ARROYO GRANDE PLANNING COMIVIISSION MAY 20, 1997 The Arroyo Grande Planning Commission met with Chair Lubin presiding. Present were Commissioners Greene, Haney, O'Donnell and Rondeau. Community Development Director Doreen Libeito-Blanck and Associate Planner Bruce Buckingham were in attendance. APPROVAL OF MINUTES - The Commission discussed their ability to approve minutes when they did not attend the meetings. A letter from the City Attorney explained that they were able to do so since the approval of minutes is a ministerial action. Chair Lubin stated that he had attended the meetings of February 4 and February 18 and he could attest to the accuracy of those minutes; Community Development Director Liberto -Blanck stated that staff had reviewed all minutes and they were an accurate representation of what had occurred. On a motion from Commissioner O'Donnell; seconded by Commissioner Greene; and by unanimous vote; the minutes of the Planning Commission meetings of February 4, February 18 and March 4, 1997 were approved as presented. ORAL COMMUNICATIONS - None PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 97 -556; REQUEST TO CONVERT AN EXISTING DETACHED 623 SQUARE FOOT RESIDENCE TO A SECOND RESIDENTIAL UNIT AT 615 MYRTLE STREET; APPLICANT, JAMES HARRIS; REPRESENTATIVE, JIM KESSLER Associate. Planner Bruce Buckingham presented the staff report; noted that this application was presented under the City's recently revised Second Residential Unit Ordinance which allows for the conversion of an existing primary residence to a second residential unit; the applicant started construction in January of 1997 on the "new" primary unit with the understanding that a Conditional Use Permit (CUP) would be required to retain the existing unit as a second residential unit; the proposed second unit meets all Development Code requirements except the sideyard setback, the Development Code allows the continuation of a non - conforming structure as long as the discrepancy is not increased; a Condition of Approval (COA) has been included requiring a deed restriction stating that the owner must occupy one of the units; a Negative Declaration has been prepared and is recommended for approval; and, the Staff Advisory Committee (SAC) has reviewed the project and recommends approval subject to the proposed COA. Commissioner Haney asked about the current use of the secondary structure, staff replied it was utilized for storage; Commissioner Haney asked what was included in the square footage calculation, staff replied; Commissioner Haney asked about the shower between the units, staff replied that it was removed; Commissioner Haney asked about other detached accessory structures within the City that might be utilized as rentals, staff replied that approval of CUP's for such structures would clarify their status; Commissioner Haney asked about the building permit already being issued for the new unit, staff replied that the applicant understood that the building permit issuance did not guarantee the issuance of a CUP to maintain the second residential unit; and, Commissioner Haney expressed concern with a two story unit in the neighborhood, staff replied that the unit met the Development Code requirements for the Zone. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 2 May 20, 1997 Chair Lubin discussed the fact that the previous Commission had reviewed this proposal and had attempted to work with the applicant to develop the project; the construction of the two story primary residence does not require public notice to the neighbors. Commissioner Greene asked if the structure had any specific historical significance, staff replied that it did not. Chair Lubin opened the public hearing. Jim Harris, applicant - stated that the shower had been installed by his grandfather but had not been utilized in five or so years; stated that he appreciated the work of the prior Commission and City Council to support this project; and, requested approval of the CUP. Don Selvey, 103 Oro Drive - addressed the Commission in support of second residential units and expressed support of larger units for more livable space. There being no further comments from the audience, the public hearing was closed. Commissioner Greene expressed support for preserving the integrity of the original building. Commissioner Haney questioned COA #7 & #8; staff replied that COA #7 could be modified and COA #8 could be stricken as it does not apply to the second unit and noted that the second unit would have to meet current building codes. Commissioner Rondeau had no additional comments. Commissioner O'Donnell noted that the projects meets the letter of the Code and stated that he had no problem with the project. Chair Lubin noted that he was in favor of the project and expressed support of a new residence being constructed with the old historic building being preserved. The following action was taken: RESOLUTION NO. 97 -1621 A RESOLUTION OF THE; PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 97 -556, LOCATED AT 615 MYRTLE STREET APPLIED FOR BY JAMES HARRIS Adopted the Resolution with the following amendments: Amend COA #7: Prior to , t pazti : p } the applicant shall record a deed restriction an agreement affecting real property regarding the second dwelling unit 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. Arroyo Grande Planning Commission May 20, 1997 Delete COA #8: Arroyo e- On a motion by Commissioner O'Donnell, seconded by Commissioner Greene, and by the following roll call vote, to wit: AYES: Commissioners O'Donnell, Greene, Haney, Rondeau and Lubin NOES: None ABSENT: None Staff advised the audience of the appeal procedure. Page 3 PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 88-437 - AMENDMENT #1; REQUEST TO ALLOW A COMBINATION FIRST /SECOND GRADE CLASS TO AN EXISTING SCHOOL AT 207 PILGRIM WAY; APPLICANT, FIRST ASSEMBLY OF GOD; REPRESENTATIVE, REVEREND JARED D. HOOVER Associate Planner Bruce Buckingham presented the staff report; reviewed the history of the project; stated the current CUP to operate a school was scheduled to expire in July of 1998; Pacific Coast Christian School has taken over the CUP from Coastal Christian School and they are requesting to add a combination first/second grade to their existing program; noted that the applicant has agreed not to exceed the 150 students allowed on the site; stated that the Staff Advisory Committee had reviewed the project and the Fire Department had added a Condition of Approval regarding the certification of the fire system and they had recommended approval of the project; and, noted that a Negative Declaration had been prepared and was presented for approval. Commissioner Haney questioned COA #12 on the original approval having to do with development of the ball field; staff replied that perhaps the applicant could address the question. Chair Lubin opened the public hearing. Rev. Jared Hoover. applicant representative - explained that they have attempted to provide weed control on the field in question but had not yet established the field; discussed the proposed enrollment would be primarily siblings of existing students; and stated that they would be returning with a proposal for the school to remain on the site permanently. There being no further comments from the audience, the public hearing was closed. Commissioner Rondeau stated that neighbors had expressed concern with increased traffic, he had visited the site and felt that traffic would not be an issue. Commissioner O'Donnell noted that the number of students remained below the maximum allowed by the original CUP. Commissioner Haney stated that he was a strong supporter of this type of effort and recommended a change to COA #3. Arroyo Grande Planning Commission Page 4 May 20, 1997 Commissioner Greene asked for a specific date that the CUP would expire; staff replied July 5, 1998. Chair Lubin noted that this would not cause a significant change in the use of the facility. The following action was taken: RESOLUTION NO. 97 -1622 A RESOLUTION OF '1 PLANNING COMNIISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING AMENDMENT #1 OF CONDITIONAL USE PERMIT CASE NO. 88 -437, APPLIED FOR BY FIRST ASSEMBLY OF GOD, AT 207 PILGRIM WAY Adopted the Resolution with the following amendments: Amend COA This application shall automatically expire on May 20, 1999 unless a first/second grade class is held. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. On a motion by Commissioner Greene, seconded by Commissioner Haney, and by the following roll call vote, to wit: AYES: Commissioners Greene, Haney, Rondeau, O'Donnell and Lubin NOES: None ABSENT: None Staff advised the audience of the appeal procedure. PUBLIC HEARING - VARIANCE CASE NO. 97-202; PLANNED SIGN PROGRAM CASE NO. 97-123; REQUEST TO EXCEED THE MAXIMUM SIGN AREA FROM 70 SQUARE FEET TO 110 SQUARE FEET AT 1221 GRAND AVENUE; APPLICANT, COOKIE CROCK WAREHOUSE; REPRESENTATIVE - CN SIGNS AND GRAPHICS Associate Planner Bruce Buckingham presented the staff report; noted that Cookie Crock Warehouse was requesting a variance due to the distance that the building is set back from Grand Avenue and the number of other large tenants in the area with signs larger than 70 sq. ft. in size; stated that the applicant was requesting "Cookie Crock" to be green with an enclosed face and "Warehouse" to be pink open pan channel letters; noted that a Planned Sign Program is presented; stated that the applicant is proposing an extension of the parapet wall on which the sign would be placed; discussed the unique situation of the building; stated that the Architectural Advisory Committee (AAC) had reviewed the proposal and recommended that the neon be extended as an architectural detail; and, stated that staff recommended approval of the project. Commissioner O'Donnell asked about the existing sign on the street, staff replied it was not a part of this application. Arroyo Grande Planning Commission Page 5 May 20, 1997 Commissioner Greene asked about the requirement for Planned Sign Programs for this type of project, staff explained; Commissioner Greene asked about discrepancy in staff report regarding colors, staff explained that the applicant had reversed his proposal; and, Commissioner Greene asked about "flat backing" on the sign, staff stated that the applicant would explain. Commissioner Haney asked if there was any indication of when the business intended to open, staff replied in June; Commissioner Haney asked about similar neon signs throughout the City, staff replied that this was a limited application; Commissioner Haney expressed concern with the amount of neon proposed in the sign, staff replied that as a percentage of the sign area the neon does not exceed 20%0; and, Commissioner Haney asked about the height of the sign and the parapet, staff replied that the sign meets the intent of the Development Code by not extending over the new parapet. Commissioner O'Donnell noted that the proposed parapet provided architectural relief rather than a straight line and noted that a similar condition had existed when the building was occupied by previous tenants. Chair Lubin opened the public hearing. Guy Moerman. CN Signs and Graphics - apologized for error in application; noted that the proposed metal backing was to define the neon; discussed how neon is viewed at night; and, stated that the supports for the parapet currently exist from the previous tenant. The Commission discussed the following items with the applicant: possible alternative . architectural detail; speed of traffic along Grand and visibility of the proposed signage; possibility of utilizing the current pole sign on the street; need for neon to provide visibility; hours of operation of the sign; and, whether the neighbors to the rear of the building would view the neon. There being no further comments from the audience, the public hearing was closed. Commissioner O'Donnell noted that a business must market itself and the size of the building should determine the size of sign area; stated that 70 sq. ft. was a good starting point; and, expressed support for the sign. Commissioner Rondeau expressed his agreement. Commissioner Haney stated that the use was a good one for the existing facility; expressed concern with approving a variance fo a recently approved Sign Ordinance; noted uniqueness of site; noted that the sign was well designed; expressed concern with view of neon for residents north of Grand Avenue; discussed use of neon in other communities; and, noted that he was not convinced this was the best solution. Commissioner Greene inquired if the Ordinance limits the hours of operation for the sign, it was determined that a section of the Code called for 10 pm or when the business closed whichever was later; noted that the sign was well designed; stated that due to unique location of building on site the sign would be difficult to see from Grand Avenue; and, expressed concern with view of neon for neighbors on north side of Grand Avenue. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 6 May 20, 1997 The Commission discussed with staff how the noticing was done and which neighbors were noticed; the possibility of delaying the decision on the sign until further notice was provided to neighbors north of Grand Avenue; the type of temporary signs that would be utilized; and, the possibility of requesting alternatives to the neon tubing. Chair Lubin recognized the letter from the homeowners to the rear of the project site which dealt with concerns other than those in the current application; advised the Planning Commission that the previous Commission had many of the same concerns regarding neon when they approved the Sign Ordinance; discussed the difference between "sign area" and "architectural detail "; agreed with need to make building visible from the street; and, expressed support of moving the project forward due to the fact that the sign hours would be controlled, there would be no leakage of light to the adjacent homeowners in the rear and there is no change to the parapet based upon the past history of the structure. The following action was taken: The following action was taken: RESOLUTION NO. 97 -1623 A RESOLUTION OF THE PLANNING COMMJSSION OF THE CITY OF ARROYO GRANDE GRANTING VARIANCE CASE NO. 97-202 FOR SIGN DEVIATIONS, APPLIED FOR BY COOKIE CROCK WAREHOUSE, LOCATED AT 1221 GRAND AVENUE On a motion by Commissioner O'Donnell, seconded by Commissioner Rondeau, and by the following roll call vote, to wit: AYES: Commissioners O'Donnell, Rondeau, and Lubin NOES: Commissioners Greene and Haney ABSENT: None RESOLUTION NO. 97 -1624 A RESOLUTION OF 1 PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO. 97 -123 FOR SIGN DEVIATIONS, APPLIED FOR BY COOKIE CROCK WAREHOUSE, LOCATED AT 1221 GRAND AVENUE Noting that the Pan Channel Letters in the application are reversed. On a motion by Commissioner O'Donnell, seconded by Commissioner Rondeau, and by the following roll call vote, to wit: AYES: Commissioners O'Donnell, Rondeau, and Lubin NOES: Commissioners Greene and Haney ABSENT: None Staff advised the audience of the appeal procedure. Arroyo Grande Planning Commission Page 7 May 20, 1997 NON - PUBLIC HEARING - PRE APPLICATION REVIEW; ANNEXATION OF FIVE (5) ACRES AT HUASNA ROAD NORTHEAST OF PEARWOOD DRIVE; APPLICANT, WELLS FAMILY TRUST; REPRESENTATIVE, JIM MCGILLIS, SAN LUIS ENGINEERING Associate Planner Bruce Buckingham presented the staff report; stated that the applicant is requesting feedback on a five (5) acre annexation; reviewed the background of the site; and, reviewed the pre - application process. Chair Lubin noted that the pre - application process was a valuable tool for the Commission, as they could express any opinion, and as facts were developed could change their opinion. Commissioner Haney asked about the detention basin and overflow ditch; Craig Campbell, Public Works, discussed the size of the basin, the ditch, the fact that flooding was not severe but was regular, the "pipe solution" and the cost of resolution. Commissioner Greene asked about the City Sphere of Influence; Doreen Liberto - Blanck, Community Development Director replied that the traditional philosophy was to have the Sphere and the City Limit the same with annexation as a last resort. The Commission and staff discussed the steps that would be necessary to bring the property into the City's Sphere of Influence; the type of findings that would have to be made to annex the property; and, the applicant's responsibility in the process. Jim McGillis, applicant representative - discussed how ag water could be considered for this property; talked about the well on the property; discussed the background of the site and various discussions with the County of San Luis Obispo and the City of Arroyo Grande on potential development; noted the problem of drainage and flooding on the Pearwood lots; expressed the potential for the applicant to purchase area containing the ponding basin from the City for development; and, noted the possibility of various size parcels as transition zones. Although not a public hearing, Chair Lubin invited comments from the audience, none were forthcoming. Commissioner Rondeau asked what the applicant would like to see happen with the property; Mr. McGillis replied that they would like to purchase land back from the City and develop the entire site correctly. Commissioner O'Donnell asked what would happen with the drainage problem if the property were developed in the County; Mr. McGillis replied that there were several possible solutions to land use, and they would like to do what is best for the community. Commissioner O'Donnell asked if a specific proposal exists; Mr. McGillis stated that many proposals had been discussed but no specific one had yet been selected. Commissioner Greene asked about "bleeder pipe" and why didn't applicant wait for General Plan update prior to their proposal; Mr. McGillis explained a "bleeder pipe" and how it was utilized, he also noted that the property was unique and the applicant was attempting to determine what the City's vision for the area was. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 8 May 20, 1997 Commissioner Haney asked about the timing of the proposed improvements; Mr. McGillis noted that some would depend upon the depth of the Environmental Review that was required. Chair Lubin expressed his concern that the drainage problem be fixed as soon as possible; noted that selling pond to the developer and solving the drainage problem seems an ideal solution; noted that legal details would have to be worked out to the satisfaction of all concerned; and, expressed support that the property develop in the City so that City control could be exercised. The Commission agreed that it would be preferable to have the property develop within the City; discussed the need for additional park area; and, stated that they would like to see various options proposed for the area. No action was taken. The applicant thanked the Planning Commission for their comments. The Commission took a ten (10) minute break. NON- PUBLIC HEARING - FY 1997/98 CAPITAL IMPROVEMENT PROGRAM; APPLICANT, CITY OF ARROYO GRANDE; REPRESENTATIVE, DOREEN LIBERTO- BLANCK Community Development Director Liberto -Blanck presented the staff report; stated that the State requires the Planning Commission review the Capital Improvement Program (CIP) to assure consistency with the General Plan; noted that final determination will be made by the City Council as part of the budget process. Chair Lubin reiterated that the only function of the Planning Commission was to determine consistency with the General Plan. The Commission asked specific questions about some projects listed in the CIP and those questions were responded to by appropriate staff members. On a motion by Commissioner Greene, seconded by Commission O'Donnell, and unanimously carried, it was determined that the CIP was consistent with the General Plan and could be forwarded to the City Council. PLANNING COMMISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS A. Update of Projects - Community Development Director Liberto -Blanck noted that: a second round of RFP for the General Plan Update had been distributed; and, The Oak Forest project was under construction with the opening scheduled within two weeks. Arroyo Grande Planning Commission Page 9 May 20, 1997 B. Joint Planning Commission and City Council Meeting - it was determined that a joint meeting should be scheduled within the next 60 days. C. Cancel June 17th Regular Meeting, and schedule a Special Meeting for June - after discussion it was determined that, at the present time, there was no immediate need for a second meeting -in June. Should the need arise, staff will contact the Commission and schedule a special meeting. WRITTEN COMMUNICATIONS - 1. Memorandum from Timothy J. Carmel, City Attorney regarding approval of Planning Commission Minutes ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner O'Donnell, seconded by Commissioner Rondeau, and unanimously carried, the meeting was adjourned at 10:40 p.m. ATTEST: Lucill. Breese, Commission ASrTO CONTENT: vo,„_L Doreen Liberto- anck, Community Development Director 1 1 1