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PC Minutes 1997-05-061 1 1 ARROYO GRANDE PLANNING COMMJSSION MAY 6, 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 and Associate Planner Bruce Buckingham were in attendance. SELECTION OF COMIVIISSIONER TO SERVE ON THE LONG RANGE PLANNING COMMITTEE - Chair Lubin called for a volunteer, Commissioner O'Donnell volunteered and was appointed to the Long Range Planning Committee. ORAL COMMUNICATIONS - None CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 97 -550; PROPOSAL TO REMODEL EXISTING VACANT RETAIL SPACE INTO A DELI WITH OUTDOOR DINING AT THE SIDE OF THE BUILDING AT 203 EAST BRANCH STREET; APPLICANT, JOHN AND MAUREEN GUTIERREZ Associate Planner Bruce Buckingham presented the staff report; indicated that a letter from Mr. Mankins had been received which could allow legal access to the site as shown in Option B of the staff report; noted that since the last meeting a letter of support had been received for the project; stated that staff recommended approval now that the access question could be resolved by eliminating three handicap spaces on Mr. Mankins property. The Commissioners discussed the number of handicapped spaces and where they would be re- located; noted that Mr. Mankins had an excess number of spaces on his lot and therefore the handicap parking spaces could be temporarily eliminated; discussed the fact that in three years the applicant must provide alternative access; noted that fencing will be required along the eastern property line with bollards to allow pedestrian access to the adjacent businesses; and discussed the trash enclosure placement. Chair Lubin opened the public hearing. There being no further comments from the audience, the public hearing was closed. Commissioner O'Donnell stated that he was in favor of allowing the business to open and preferred option B. Commissioner Rondeau agreed with approving the project. Commissioner Green stated that since the access issue had been resolved it appeared to be a well designed project which he could support. Commissioner Haney expressed his appreciation for Mr. Mankins flexibility in working with the applicant and staff; acknowledged the staff work on preparing the project; and expressed the belief that this would be good for the community. Commissioner Lubin stated that he favored the individual trash enclosure and felt that a good resolution had been achieved. The following action was taken: Arroyo Grande Planning Commission Page 2 May 6, 1997 Staff advised the audience of the appeal process. RESOLUTION NO. 97-1617 A RESOLUTION OF THE PLANNING COMNIISSION 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 -550, APPLIED FOR BY JOHN AND MAUREEN GUTIERREZ TO OPERATE A DELICATESSEN AT 203 EAST BRANCH STREET Adopted the Resolution with the following changes to the Conditions of Approval: Revise Condition No. 2 to read: This application shall automatically expire on May 6, 1999 unless a building permit is issued. 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. Revise Condition No. 3 to read: Development shall occur in substantial conformance with the plans presented to the Planning Commission on May 6, 1997 and marked Exhibit "A" and the Access Plan "B" as illustrated on Exhibit "Al ". Revise Condition No. 30 to read: "Prior to issuance of building permits, a sublease shall be entered into between the City and the applicant for access across Mr. Mankins property. If the sublease between the City and the applicant is terminated for any reason, either the applicant shall provide an alternative legal access to the rear parking lot, or Conditional Use Permit 97 -550 shall become null and void." Add Condition No. 30a as follows: "Prior to occupancy, the applicant shall restripe two handicap - parking spaces on Mr. Manldns property in compliance with the Uniform Building Code (UBC) Title 24." On a motion by Commissioner Greene, seconded by Commissioner O'Donnell, and by the following roll call vote, to wit: AYES: Commissioners Greene, O'Donnell, Haney, Rondeau and Lubin NOES: None ABSENT: None PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 97 -554, REQUEST TO ALLOW AN ATTACHED SECOND DWELLING UNIT AT 769 AVENIDA DE DIA1 IANTE; APPLICANT, BILL HARRER; REPRESENTATIVE, KEVIN HUNSTAD Associate Planner Bruce Buckingham presented the staff report; stated the subject property is in the Rancho Grande Development and will require City Council approval; noted that the proposal is to add an attached second residential unit to an existing single family residence; noted that State Law regulates the construction of this type of unit; stated that the application meets all Development Code requirements; stated that a deed restriction requiring that the owner reside on the premises 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 3 May 6, 1997 would be included as a Condition of Approval (COA); and noted that the Architectural Advisory Committee and the Staff Advisory Committee had reviewed the project and recommended approval. The Commission had questions regarding the Special Conditions requiring one (1) hour fire rating for doors leading into the new unit; discussed the fact that a bath would be shared by the new unit and the existing residence; discussed how the required parking would be provided on the site; and noted that the project had been approved by the Rancho Grande Home Owners Association. Chair Lubin opened the public hearing. Kevin Hunstad. applicant representative - acknowledged the need for a one (1) hour fire wall and expressed a willingness to answer any question regarding the project. Bill Harrel applicant - requested approval of the project and stated that he was prepared to answer any questions the Commission might have. There being no further comments from the audience, the public hearing was closed. Commissioner Green had no additional comment. Commissioner Haney noted that parking had been an issue of concern but as long as it met the requirements of the recently passed ordinance he could support the project. Commissioner Rondeau had no additional comment. Commissioner O'Donnell stated that as long as it met all of the code requirements he had no problems. Chair Lubin had no additional comment. The following action was taken: Staff advised the audience of the appeal process. RESOLUTION NO. 97-1618 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION, INSTRUCT THE SECRETARY TO FILE A NOTICE OF DETERMINATION, APPROVE CONDITIONAL USE PERMIT CASE NO. 97 -554 AT 769 AVENIDA DE DIAMANTE; APPLIED FOR BY BILL HARRER 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 Arroyo Grande Planning Commission Page 4 May 6, 1997 PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 97 -552; REQUEST TO INCLUDE A RESTAURANT AS PART OF AN EXISTING COFFEE HOUSE AT 131 EAST BRANCH STREET; APPLICANT, CAFE ANDREINI; REPRESENTATIVE, GARY AND DENISE ANDREINI Associate Planner Bruce Buckingham presented the staff report; stated that the current use on the site is an existing coffee house which the applicant wants to expand by adding a restaurant; noted that there are no changes proposed to the site but the addition of a restaurant requires a Conditional Use Permit; stated that the project meets all Development Code requirements; noted that the Staff Advisory Committee (SAC) recommended three (3) parking spaces to the rear of the building be eliminated to provide adequate emergency access to the restaurant; stated that Mr. Mankins, property owner, did not object to the elimination of the spaces; recommended construction of a trash enclosure; stated that a COA has been added which allows for the applicant to post a bond which would allow the restaurant to open if the trash enclosure could not be completed prior to issuance of a business license; noted that the Public Works Department had added a COA requiring a drainage easement; and stated that approval of the project was recommended. The Commission questioned the verbiage on the drainage Condition; Craig Campbell, Public Works Department replied that Mr. Mankins had been very helpful and felt that there was an easement in place, however, the condition would assure that if a drainage easement did not exist, one would be provided. Chair Lubin opened the public hearing. Gary Andreini. applicant - thanked the staff for their assistance in obtaining his goals; expressed concern with having to post a $1,500 bond for the trash enclosure, it was his understanding that Mr. Gutierrez was to build both enclosures; and requested that the bond be waived. Commissioner Haney asked how the trash was currently being handled, Mr. Andreini stated that it was a "floating area ". Staff stated that the requirement for a bond was to allow the applicant to open his restaurant as soon as possible since he was already occupying the site. There was further discussion of the cost of constructing a trash enclosure; City standards for same; alternative methods of assuring that the enclosure was constructed; whether there was room for two trash enclosures in the area; and the need for two separate as opposed to a shared enclosure. There being no further comments from the audience, the public hearing was closed. Commissioner Rondeau felt that the issues had been resolved. Commissioner Green asked if the Cafe had a beer and wine license, and expressed support for the existing business to expand. Commissioner Haney stated that the project should move ahead as proposed. Commissioner O'Donnell had no further questions. Chair Lubin stated that the discussion had convinced him that two separate trash enclosures were required. The following action was taken: 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 5 May 6, 1997 RESOLUTION NO. 97-1619 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT NO. 97 -552, APPLIED FOR BY CAFE ANDREINI AT 131 EAST BRANCH STREET AYES: Commissioners Greene, Haney, O'Donnell, Rondeau and Lubin ' NOES: None ABSENT: None Staff advised the audience of the appeal procedure. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 97 -538; REQUEST TO ADJUST EXISTING LOT LINE BETWEEN TWO (2) LOTS AT 116 HART LANE; APPLICANT - HART FAMILY TRUST; REPRESENTATIVE - LEONARD LENGER Associate Planner Bruce Buckingham presented the staff report; noted that the existing single family residence and driveway would comprise lot 1 and the vacant area to the north would comprise lot 2; stated that the proposed lots will meet all the Development Code requirements; and noted that the Public Works Department recommended a drainage easement over lot 1 from lot 2. Commissioner Haney asked about the City position on accepting Hart Lane as a public street. Craig Campbell, Public Works Department, noted that they were unsure as to the desirability as a public street and noted that maybe in the future there would be a need though there is none now. The Commission asked about specific details for the drainage easement. Craig Campbell discussed the possible types of easements and stated that there was no specific language recommended. The Commission inquired about the existing structure on the property. Bruce Buckingham replied that it was existing non - conforming. The Commission asked about access to the parcel; Craig Campbell discussed the difference between a lot line adjustment and a parcel map and talked about the possible access points. Chair Lubin opened the public hearing. Leonard Lenger. applicant representative - discussed flexibility of the proposed drainage easement; and noted that the use of Hart Lane as a public street was not a component of this application, but the City may be interested at a later date. Bill Hart. applicant - stated that the house had been built in the 1860's and his family has owned it since 1921; the house has been continuously occupied by a family member since that time and they plan to maintain the property. There being no further comments from the audience, the public hearing was closed. Arroyo Grande Planning Commission Page 6 May 6, 1997 The Commission discussed drainage and noted that they were supportive of staff recommendation for approval. The following action was taken: RESOLUTION NO. 97-1620 A RESOLUTION OF THE PLANNING COMMISSION OF '1 CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING LOT LINE ADJUSTMENT CASE NO. 97-538, LOCATED AT 116 HART LANE, APPLIED FOR BY MARTHA HART FAMILY TRUST Adopted the Resolution with the following amendments: AMEND COA NO. 3 This application shall automatically expire on May 6, 1999 unless a b issued . the lot line adjustment has been recorded. 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 Haney, seconded by Commissioner O'Donnell, and by the following roll call vote, to wit: AYES: Commissioners Haney, O'Donnell, Greene, Rondeau and Lubin NOES: None ABSENT: None Staff advised the audience of the appeal procedure. PLANNING COMMISSION/COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS A. Update of Projects - • Community Development Director Liberto-Blanck reviewed the Tentative Project Schedule; • Advised the Commission that the appeal of the "substantial conformance" decision by the developers of the Central Coast Plaza had been withdrawn this morning, the project will proceed with the 102,000 square foot building, the market, drug store and excluding the future garden center; • Advised the Commission that the Dorfman/Webb decision had been appealed to the City Council based on the drainage issue; and, • Advised the Commission that the Village Area Parking options will be presented to the City Council on May 10. 1 1 1 1 1 Arroyo Grande Planning Commission May 6, 1997 WRITTEN COMMUNICATIONS - None ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Green, seconded by Commissioner O'Donnell, and unanimously carried, the meeting was adjourned at 8:50 p.m. ATTEST: AS TO CONTENT: Mia 0 aROOC Doreen Liberto-Blanck, Community Development Director Page 7