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PC Minutes 1997-04-151 1 1 ARROYO GRANDE PLANNING COMMISSION APRIL 15, 1997 The Arroyo Grande Planning Commission met with Commissioners Greene, Haney, Lubin, O'Donnell and Rondeau present. Community Development Director Doreen Liberto -Blanck and Associate Planner Bruce Buckingham were in attendance. ORAL COMMUNICATIONS - Otis Page, 606 Myrtle Street - representative to the SLOCOG CTAC; discussed studies that had recently been approved and their potential impact on Arroyo Grande; projects that are projected in the City and how they could impact the regional transportation issue; and the need for cooperation to insure that the City receive the maximum benefit. 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 & MAUREEN GUTIERREZ Chair Lubin noted that there had been a request from the applicant to continue the item to the May 6, 1997 meeting. On a motion from Commissioner Haney; seconded by Commissioner O'Donnell; and by unanimous vote; this item was continued to the May 6, 1997 Planning Commission meeting. PUBLIC HEARING - TIME EXTENSION FOR VESTING TENTATIVE PARCEL MAP 1997; APPLICANT, OTTSE, INC; LOCATION, NORTHWEST CORNER OF JAMES WAY AND LA CANADA Chair Lubin noted that there had been a request from the applicant to withdraw the request for a time extension. On a motion from Commissioner Haney; seconded by Commissioner Rondeau; and by unanimous vote; the request to withdraw the item was granted. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 97 -550; PROPOSAL TO ADJUST EIGHT (8) EXISTING COMMERCIAL LOTS INTO FOUR (4) LOTS AT SOUTHEAST CORNER OF OAK PARK BOULEVARD AND EL CAMINO REAL; APPLICANT, GLENN & BETH PETERS; REPRESENTATIVE, GARING, TAYLOR & ASSOCIATES, INC. Associate Planner Bruce Buckingham presented the staff report; stated that the new lots will conform to the Development Code with the exception of Lot D; noted that the Public Works Department presented revisions to Conditions of Approval (COA) which would allow conditions to be complied with prior to the development of any parcel; noted that there are four (4) legally acknowledged lots; discussed neighboring property owners concern with ingress and egress to the lots; presented a Negative Declaration for adoption; stated that the Staff Advisory Committee (SAC) had reviewed the project and recommended approval. Chair Lubin opened the public hearing. Jim Garing, Garing, Taylor & Associates - complemented staff on their work; noted that he agrees with COA which will be reviewed when development is proposed; and answered Commissioner questions about potential future development and access easement across property. Arroyo Grande Planning Commission Page 2 April 15, 1997 There being no further comments from the audience, the public hearing was closed. The Commission discussed the advisability of consolidating the lots for future development; expressed concern with any impact on the surrounding residential neighborhoods; and recognized that access would be dealt with when specific development was proposed. Then the following action was taken: RESOLUTION NO. 97 -1612 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING LOT LINE ADJUSTMENT CASE NO. 97 -536 AND CERTIFICATE OF COMPLIANCE CASE NO. 97 -539, LOCATED AT 1587 EL CAMINO REAL, APPLIED FOR BY GLENN AND BETH PETERS Adopted the Resolution with the following amendments: 1. Revise the lead paragraph for Public Works Department Conditions as follows: All Public Works Department conditions of approval as listed below are to be complied with a th rior to recording the map or finalizing the permit P b P g Pc unless specifically noted otherwise. 2. Revise Condition No. 23 as follows: The applicant shall provide bonds or other fmancial security for the following: All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map CO' f ca s ra ' han unless noted otherwise. 3. Move condition of approval No 24.b. to 25.f. 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 Staff advised the audience of the appeal procedure. PUBLIC HEARING - TENTATIVE PARCEL MAP CASE NO. 97 -537; REQUEST TO DIVIDE PROPERTY INTO TWO (2) LOTS AT SOUTHEAST CORNER OF CHERRY AVENUE AND TRAFFIC WAY; APPLICANT, DORFMAN /WEBB; REPRESENTATIVE, LEE WEBB Associate Planner Bruce Buckingham presented the staff report; noted that the existing lot has two different General Plan /Zoning designations; explained that the request is to divide the area zoned Agriculture from the area zoned Highway Commercial; stated that at this time there is no development proposal, but in the future any development plan would come before the Planning Commission; Public Works Department recommended that all dedications and improvements be completed on the commercial lot and all dedications on the agricultural land; recommended a Negative Declaration; and approval of the project based on attached Conditions of Approval (COA). 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 3 April 15, 1997 The Commission had questions regarding the timing of the improvements and dedications on Cherry Lane and Traffic Way. Craig Campbell, Public Works Department answered the questions and explained the COA. Chair Lubin opened the public hearing. Lee Webb, applicant - noted that they are not requesting any development at this time but only to split the parcel; stated that making improvements to the commercial parcel at this time is not economically feasible; and noted that they are not sure what type of development will occur, so location of improvement is premature. Ed Dorfman, applicant - stated that the request for a parcel map is only to split the property . according to the existing zoning; discussed how the zoning was placed on the property previously; noted that they are only exploring ideas to develop the property at this time; stated that any improvements would be premature until plans are finalized; and requests COA 16 & 17 and 23 & 37 be modified. Ray C. Parker, 129 East Cherry Avenue - stated that he understands need for commercial development but is concerned with size of lot; expressed concern with width of East Cherry Avenue; concerned that his home, which is zoned commercial, is directly across from future commercial development; and agreed that it is premature for improvements to be required. Arlene Johnson, owner of Vagabond Mobile Home Park - noted that all of the water from the site drains through her mobile home park; and concerned that any further development would increase flow. Lee Webb, applicant - noted that a subdivision had recently been approved in the area and it should absorb approximately 50 to 70% of the runoff from Newsome Springs; and he stated that his project would not add to the drainage problem. There being no further comments from the audience, the public hearing was closed. Commissioner Haney asked about the timing of public improvements and why they were being proposed in advance of development. Craig Campbell, Public Works Department, provided a history of the area and stated that this project was considered a subdivision even though it was not creating separate buildable lots and at that time the improvements were traditionally required. Commissioner O'Donnell asked about the drainage problem. Craig Campbell discussed drainage in this area; explained how water would be diverted; and noted required easement. Commissioner Greene asked about general cost of required street improvements. Craig Campbell noted that they could be upward of $40,000. Chair Lubin asked about the residential property across the street. Community Development Director Liberto - Blanck provided historical information regarding the area; and noted that last year Mr. Dorfman and Mr. Webb asked for an interpretation of the General Plan boundary. The Commission discussed Mr. Parker's comments and how they could be addressed; the width of the street; drainage problems and how they could be addressed; and issue of requiring street improvements prior to development. The following action was taken: Arroyo Grande Planning Commission Page 4 April 15, 1997 RESOLUTION NO. 97 -1613 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 TENTATIVE PARCEL MAP CASE NO. 97 -537, LOCATED AT CHERRY AVENUE AND TRAFFIC WAY, APPLIED FOR BY DORFMAN /WEBB Adopted the Resolution with the following amendments: COA #16 Adjacent to Lot 2, East Cherry Avenue shall be designed and n..tfueted to be widened to collcctor strcct standards, including the following s d rds COA #17 Traffic Way shall be designed including the following standr ..::................... Staff advised the audience of the appeal procedure. COA #23a Drainage easements where shown on the tentative map or where required by the Director of Public Works. The easements shall be a minimum of 4-5- ::200 feet wide: 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 PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 97- 551 /MINOR ARCHITECTURAL REVIEW; REQUEST TO ALLOW AN ATTACHED SECOND DWELLING UNIT AT 238 WEST BRANCH ST; APPLICANT - L. C. LA VINE; REPRESENTATIVE, L & H CONSTRUCTION Associate Planner Bruce Buckingham presented the staff report; discussed the background of the project as noted in the staff report; noted that a copy of the State legislation that governs second units was provided for information; stated that with the addition of a carport, project meets requirements of Development Code; noted that the City has received complaints regarding rental of the property; requested CUP would allow applicant to rent one of the units while living in the other; noted that a deed restriction requiring the owner to live on site is a COA; stated that a letter of opposition had been received from neighbors; and reported that SAC had reviewed the project and recommended approval. The Commission asked about parking on site and the potential for backing out onto West Branch, staff discussed how it complied with the Development Code; asked about the width of the driveway and Fire Department access, staff noted that the Fire Chief had reviewed the project and visited the site; asked about the allegations that work had been completed without appropriate building permits, staff stated that the Building Department would assure all necessary permits were obtained. 1 1 1 1 1 Arroyo Grande Planning Commission Page 5 April 15, 1997 Chair Lubin opened the public hearing. Rick Collins. neighbor - noted that he would not have a problem if it were owner occupied; stated that the property had become an income property which hurts character of neighborhood; asked if the lot met minimum size; noted that permission should not be granted if there are unresolved issues; and stated that finding #2 in the Resolution could not be made, therefore the permit should not be granted. Don Selvey. 103 Oro Drive - discussed state requirements for second residential units; noted that they should not be confused with a duplex; expressed support for second residential units; stated that they do not negatively impact single family neighborhoods, but are a good method of providing moderate housing. Joe Manion. Larchmont Drive - expressed support of limiting the size of second residential units as long as the owner lived on site. Ray Smith. 234 West Branch Street - discussed the character of the neighborhood; stated that his property has received beautification award from the City; stated that he did not agree that Mr. La Vine had developed a "prescriptive easement" on his property; and expressed concern that more people would be using the driveway adjacent to his property which is already narrow and dangerous. L. C. La Vine - explained why it was felt that he had a "prescriptive easement" across Mr. Smith's property; stated that adjacent properties have neither a driveway or a garage; expressed belief that four (4) cars could park on- site; stated that he did original work to create studio and that no additional square footage was added to building; stated that he leases the property only one party at a time; explained his intent to live in the studio and rent the main house; agreed to pay for permits for previous work; presented a survey and document from Western Engineering regarding "prescriptive easement "; requested approval of project; and restated his intent to live on the property. Lauren Bow. co -owner and contractor - discussed the easement; and stated that a subterranean garage exists on Mr. Smith's property. Rick Collins. neighbor - expressed concern that since Mr. La Vine is not an owner - occupant, he cannot file the application. There being no further comments from the audience, the public hearing was closed. Associate Planner Buckingham stated that the City Council had recently adopted changes to the Development Code which allowed Mr. La Vine the ability to apply for the CUP; and noted that the lot is 6250 square feet, exceeding the minimum lot size for a second residential unit. Commissioner Rondeau expressed concern with the number of different stories that were presented and suggested some of the neighborhood issues should be resolved prior to the CUP being issued. Commissioner Haney stated that since the existing property meets all Development Code requirements and Mr. La Vine has assured the Commission that he will live in the unit, he can support the CUP. Arroyo Grande Planning Commission Page 6 April 15, 1997 Commissioner Greene asked for clarification if Mr. La Vine does not today live in the home can he make application. Staff replied that the deed restriction requiring owner - occupancy goes into effect prior to issuance of building permit; expressed agreement with unique character of neighborhood and stated that Commission should be cautious in how this area is allowed to develop; and stated he is not comfortable granting approval. Chair Lubin asked what enforcement measures exist to assure that the deed restriction was complied with. Staff replied they would investigate if a complaint were lodged. Chair Lubin stated that he favored a process whereby an existing structure would be brought up to code; noted that code enforcement procedures are in place and feels confident that if Mr. La Vine does not live in unit, the neighbors will bring it to the attention of the City; and stated that he believes all necessary findings can be made. Chair Lubin thanked the public for their input. The following action was taken: RESOLUTION NO. 97 -1614 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 -551 AND A MINOR ARCHITECTURAL REVIEW; APPLIED FOR BY L. C. LA VINE, AT 238 WEST BRANCH STREET Adopted the Resolution with the following amendments: n ug C o on p o to ssuan ;e b ;pet :t 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, Haney, Rondeau and Lubin NOES: Commissioner Greene ABSENT: None Staff advised the audience of the appeal procedure. The Commission took a five (5) minute break. PUBLIC HEARING - PLANNED SIGN PROGRAM CASE NO. 97 -122 WITH MINOR ARCHITECTURAL REVIEW; REQUEST TO CHANGE EXISTING SIGNAGE AND RAISE PARAPET WALL AT 1590 WEST BRANCH STREET; APPLICANT, CARL KARCHER ENTERPRISES; REPRESENTATIVE, URBAN PLANNING CONCEPTS Associate Planner Bruce Buckingham presented the staff report; stated that the existing use is commercial/retail within the Oak Park Acres Planned Development Master Plan which establishes the approved design for the center and requires all changes be subject to City Council approval; a pre - application was reviewed on February 18, 1997 and substantial changes have been made for the formal application; reviewed the proposal which calls for replacing 3 existing signs with 2 Carl's Jr and 2 Green Burrito signs on the east and west elevations only; replacing existing awning and changing the color; replacing the existing parapet wall which is 2 -1/2 feet 1 1 1 Arroyo Grande Planning Commission Page 7 April 15, 1997 in height with one that is 4 feet in height; repaint the building gray. He noted that the City sign ordinance went into effect this week and allows a maximum of two (2) building mounted signs per street frontage; stated that the Architectural Advisory Committee had reviewed the project and recommends approval; noted that the project is categorically exempt under CEQA; and stated that staff recommends approval based on the attached COA. Chair Lubin noted that there had been significant changes made from the pre - application review to this request. Chair Lubin opened the public hearing. Linda Budge, applicant representative - noted that they are remodeling all of their stores on the West Coast to a more "90's" look, which includes the color and new signage; stated that they are incorporating a "Green Burrito" into this store and consolidating the signage in two locations; noted that the AAC had selected the building colors; noted that the new sign upgrade consisted of individual channel letters; presented pictures of other stores that had been remodeled; and requested approval of the project. There being no further comments from the audience, the public hearing was closed. Commissioner O'Donnell remarked that the view of Carl's Jr. from West Branch was obscured; stated that the main signage for the store appeared to face the parking lot; and expressed concern that the parapet facing West Branch had no signage proposed. Commissioner Rondeau asked if there was any way that the signage could be lowered and incorporated into the roof. Ms. Budge stated that they were not doing a major remodel and moving the sign in that way would require extensive work to the roof, they would prefer to add the signage to the parapet. Commissioner Greene noted that he had reviewed the Carl's Jr. stores in San Luis Obispo at Madonna and Foothill and he discussed the visibility of the signs in those locations; stated that he had some concern regarding the parapet; and expressed concern with the sterile look on the west side elevation. Commissioner Haney expressed support for improving visibility for business which he feels that this sign accomplishes; stated that this was a significant improvement over existing signage; and noted that as it meets the sign criteria it is acceptable. Chair Lubin agreed that business signage should continually be improved; asked if there was to be a cap on the new parapet; and expressed satisfaction with the substantial improvement over the first submittal. Ms. Budge stated that the issue of the parapet had been discussed at great length at the AAC review; noted that the parapet could not support a cap; and stated that since it was a stand alone building there was agreement that a prominent sign was appropriate. The following action was taken: RESOLUTION NO. 97 -1615 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL. APPROVE PLANNED SIGN PROGRAM CASE NO. 97 -122 AND MINOR ARCHITECTURAL REVIEW, APPLIED FOR BY CARL'S KARCHER ENTERPRISES (CARL'S JR.) AT 1590 WEST BRANCH STREET Arroyo Grande Planning Commission Page 8 April 15, 1997 On a motion by Commissioner Greene, seconded by Commissioner Haney, and by the following roll call vote, to wit: AYES: Commissioners Greene, Haney, O'Donnell, Rondeau and Lubin NOES: None ABSENT: None PLANNING COMMISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS A. Community Development Director Liberto -Blanck noted that the Mayor has requested that all Commissions appoint a representative to the Long Range Planning Committee; Chair Lubin called for a volunteer; however, the Commission agreed to review this at their next meeting. B. Update of Projects - ATTEST: AS Community Development Director Liberto - Blanck reviewed the Tentative Project Schedule WRITTEN COMMUNICATIONS - 1. Agenda Item No. III.D. letter from Richard L. and Cynthia M. Collins received April 14, 1997. 2. Agenda Item No. III B, Public Works Department revisions to Conditions of Approval. 3. Agenda Item No. III D., Planning & Zoning Law Statues relative to 2nd units in residential zone. ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Greene, seconded by Commissioner O'Donnell, and unanimously carried, the meeting was adjourned at 10:40 p.m. Lucille se, Commission Clerk CONTENT: Deve —Sandy Lubin!Ch Doreen veto Liberto- nck Community Director Y 1 1