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PC Minutes 1996-05-07ARROYO GRANDE PLANNING COMMISSION MAY 7, 1996 The Arroyo Grande Planning Commission met in regular session with Chairperson Keen presiding. Present were Commissioners Beck, Deviny, Lubin, Carr and Soto. Commissioner Tappan was absent. Community Development Director Doreen Liberto - Blanck and Associate Planners Scott Spierling and Lori Rosenstein were in attendance. APPROVAL OF MINUTES - On motion by Commissioner Beck, seconded by Commissioner Lubin, and unanimously carried, the minutes of the regular meeting of March 19 and April 16, 1996 were approved. ORAL COMMUNICATIONS - None PUBLIC HEARING ITEM - REQUEST FOR A VARIANCE TO REDUCE THE FRONT YARD SETBACK; VARIANCE CASE NO. 96-196; LOCATION -187 TALLY HO ROAD; APPLICANTS - R. G. AND D. J. ROWLEY Associated Planner Lori Rosenstein presented the staff report. She described the layout of the house on the lot and explained that a variance is requested from the front yard setback standards. The home is in the process of being remodeled and the structure is closer to the front property line than originally thought. Other homes in the neighborhood have structures as close or closer to the front of their lots than proposed in this project. The Staff Advisory Committee (SAC) reviewed the project and recommended approval of the variance. Chairperson Keen asked how the block wall relates to the front property line. Staff replied that the block wall is actually in the public right -of -way and an encroachment permit was issued. Commissioner Deviny asked how far the block wall is from the property line. Staff replied the block wall is three (3) feet in front of the front property line. Chairperson Keen opened the public hearing for new testimony. Mr. Rowley, applicant. - is present and available to answer any questions the Commissioners . niay have. With no further comments from the audience, Chairperson Keen closed the public hearing and requested Commissioner comments. Commissioner Carr slated that because of the lot elevation he could see that the reduced setback was appropriate. Chairperson Keen stated that it is his feeling the remodel will enhance the property. The following action was taken: Arroyo Grande Planning Commission Page 2 May 7, 1996 RESOLUTION NO. 96 -1556 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING VARIANCE CASE NO. 96 -196 FOR THE REDUCTION IN FRONT YARD SETBACK TO ALLOW THE CONSTRUCTION OF A FRONT ENTRYWAY APPLIED FOR BY R. G. & D. J. ROWLEY, AT 187 TALLY HO ROAD On a motion by Commissioner Soto, seconded by Commissioner Beck, and by the following roll, to wit: AYES: Commissioners Soto, Beck, Carr, Lubin, Deviny and Keen NOES: None ABSENT: Commissioner Tappan NON - PUBLIC HEARING ITEM - REQUEST FOR AN AMENDMENT TO APPROVED ARCIITECTURAL REVIEW FOR COMMERCIAL BUILDING REMODEL; AMENDED ARCHITECTURAL REVIEW CASE NO. 72 -065; LOCATION - 1259 GRAND AVENUE; APPLICANTS - SALLY AND INGMAR LAURINGSON. Associate Planner Scott Spierling presented the staff report. The commercial building was originally approved as Shakeys Pizza. The new owners are proposing a coffee and bagel business. Staff presented photographs of the building as it exists. Staff described the architectural changes proposed; presented color board and exhibits; discussed proposed upgrades to the site; and stated that all proposed changes are within existing Development Code standards. Staff Advisory Committee (SAC) reviewed the project and their concerns are addressed in the Conditions of Approval. Architectural Advisory Committee (AAC) reviewed proposed colors and suggested that there be additional treatment regarding the front parapet of the building. Signage approval is not included in this review and will be considered separately. Commissioner Carr asked about the proposed color of the 18" short, curb wall at the front of the site. Staff referred the question to the applicant. • Chairperson Keen invited the applicant to address the Commission. Lngmar Lauringson, applicant - stated that the curb wall will remain and will be a light peach color; discussed the removal of some existing trees in the parking area; and agreed with proposed Conditions of Approval. Commissioner Carr asked about the anticipated date of opening. The applicant replied that they intended to be open in about three (3) months. The Commission expressed their agreement that the project will improve the subject property. Chairperson Keen asked if the area in the front is intended for use as a dining area. The applicant replied that it is their intention to put in tables with umbrellas. Arroyo Grande Planning Commission Page 3 May 7, 1996 The following action was taken: RESOLUTION NO. 96 -1557 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED ARCHITECTURAL REVIEW CASE NO. 72 -065; 1259 GRAND AVENUE (SALLY AND INGMAR LAURINGSON) On a motion by Commissioner Deviny, seconded by Commissioner Lubin, and by the following roll, to wit: AYES: Commissioners Deviny, Lubin, Soto, Beck, Carr and Keen NOES: None ABSENT: Commissioner Tappan NON - PUBLIC HEARING ITEM - REQUEST FOR RE- INTERPRETATION OF RESOLUTION NO. 95 -1524, TEMPORARY SIGNS; LOCATION - CITYWIDE; APPLICANT - MULLAHEY FORD Associate Planner Lori Rosenstein presented the staff report. She stated that the applicant was requesting an re- evaluation of a previous interpretation regarding the allowed time that temporary signs, such as hot air balloons, may be displayed. Staff stated that the applicant had displayed such a balloon without a permit and a complaint was received by staff. The applicant removed the balloon, then requested the interpretation by the Commission. Chairperson Keen invited the applicant to address the Commission. Tim Mullaney, applicant - stated that Mullaney Ford has a very competitive business and do not enjoy a freeway location. They are not requesting any special consideration but it was their general feeling that the short time that the balloon was in the air, they saw a general increase in their business. No firm numbers were presented to the Commission due to the short time that the balloon was displayed. He requested that they be allowed to fly the balloon on busy weekends and special events. The Commission discussed citywide impacts if the unlimited use of balloons was allowed; the fact that the balloon may lose its effectiveness if left up all of the time; the height of the balloon; temporary versus permanent signage; the need for freeway visibility for certain types of business; and, the amount of discretion the Community Development Director has in approving temporary sign permits. Commissioner Lubin expressed need for flexibility that would be fair to all businesses. Commissioner Deviny would like to see solid numbers supporting the contention that the balloon increased business. Commissioner Soto expressed his concern with the height of the balloon and does not want to see balloons flown year round. He again stated that any interpretation will apply citywide and must be considered in that context. Commissioner Beck suggested that a fixed sign alight attain the same goal. Commission Carr expressed his agreement with adjusting the standards as this type of advertising is more apt to be utilized by certain types of business. He stated that he was not in agreement with an open time period for display. Arroyo Grande Planning Commission Page 4 May 7, 1996 Community Development Director Liberto - Blanck suggested that the Planning Commission: 1) could look at expanding the number of times that such as sign could be displayed as stated in the past Resolution. If that was the consensus, • the City Attorney would like to work on the findings of approval; 2) provide direction to the Community Development Director on the number of additional times that the balloon could be displayed, and 3) be aware that the Sign Ordinance will be amended later this year and this issue could be addressed then. Commissioner Carr asked the applicant when this type of advertising was used most effectively. Mr. Mullahey replied that typically most car sales are on weekends but not necessarily major holiday weekends. Mr. Mullahey also stated that the idea of the balloon was to attract freeway traffic to their location. Ed Mullahey, applicant - stated that the last month sales for their dealership had been their most successful; this was the time when the balloon was flying. He also stated that he had checked with dealers in other locations that utilized balloons and they felt it was a successful advertising tool. He stated that many other dealers receive economic help from the city in which they are located; he is not requesting any economic assistance, only consideration of their concerns. After further discussion a motion was made by Commissioner Carr to amend the interpretation to allow display of hot air balloons for a time period not to exceed twelve (12) weekends per year unless approved by the Community Development Director for special events. The findings for this approval will be provided by the City Attorney. Staff will return the item to the Commission agenda on May 21st with the appropriate Resolution. Commissioner Lubin seconded the motion and was unanimously carried. NON - PUBLIC HEARING ITEM - REQUEST FOR INTERPRETATION OF DEVELOPMENT CODE SECTION 9- 03.100.0 (TEMPORARY USE PERMITS); LOCATION - VARIOUS LOCATIONS CITYWIDE; APPLICANT - HARRY M. CANBY Associate Planner Lori Rosenstein presented the staff report. The applicant submitted an application for a Temporary Use Permit for an outdoor barbecue in the parking lot of J.J.'s Market. The applicant contends that an outdoor barbecue is a "seasonal activity ". Staff determined that a Conditional Use Permit was necessary for the use as based on past practice. The applicant addressed the City Council regarding the problem and the Council voted to send the item to the Planning Commission for interpretation. A draft copy of the minutes of that meeting are enclosed in the packet. Chairperson Keen clarified with staff that an interpretation by the Planning Commission that a barbecue was a "seasonal activity" would allow the applicant to apply for a Temporary Use Permit. This type of permit would entitle the applicant to sixty (60) days of operation per calendar year. Chairperson Keen invited the applicant to address the Planning Commission. I - Iarry Canby, applicant - stated that he owns and operates Canby's Backcountry Barbecue. He stated that the idea of a barbecue was to promote J.J. Market and his own business. This will be a temporary operation, and his trailer has Health Department and Fire Department approvals. Commissioner Carr asked the applicant if he would be willing to accept a limitation of 25 weekends per year, during the period of May 1 to the end of October. The applicant stated that would be fine with him. Commissioner Carr stated that parking is a problem in that location. Mr. Canby stated that the barbecue will be packaged to go. 1 1 1 Arroyo Grande Planning Commission Page 5 May 7, 1996 There was discussion regarding the location of the barbecue; the number of days that would be allowed; the idea of take -out barbecue vs. serving meals on site; fund raiser, non - profit barbecues and their need for permits; and the concept of smoke from the barbecue. The following action was taken: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE PROVIDING AN INTERPRETATION OF DEVELOPMENT CODE SECTION 9- 03.100C.4 THAT AN OUTDOOR BARBECUE IS A PERMITTED SEASONAL PRODUCT SALES ACTIVITY The following should be added to the Resolution: The description of the use shall include a reference that all products shall be packaged for off -site consumption. On a motion by Commissioner Lubin, seconded by Commissioner Beck, and by the following roll, to wit: AYES: Commissioners Lubin, Deviny, Soto, Beck, Carr and Keen NOES: None ABSENT: Commissioner Tappan PLANNING COMMISSION ITEMS AND COMMENTS A. Update of Projects • Community Development Department is now responsible for Mobile Horne Rent Review Board; • The pre - application for the Kawaoka property will be on the City Council agenda next week; • Since 1989, the City has been attempting to update the Safety Element. A Joint Powers Agreement will be presented to the City Council at their next meeting to participate in a Countywide update; The Peoples' Self -Help Housing Corporation project should return to the Commission on June 4. They are attempting to address the concerns expressed by the Planning Commission; and RESOLUTION NO. 96 -1558 • Staff is working on the budget. Hearings will begin in June. B. Proposed Changes in Planning Commission Meeting Dates /Times • Tuesday, May 21st - Special Planning Commission meeting at 6:30 p.m. to review the City's Capital Improvement Program. The GenCom, Inc. project will be heard at 7:30 p.m. • Wednesday, May 29th - Special Joint Meeting (workshop) on Redevelopment in Arroyo Grande at 6:30 p.m. Arroyo Grande Planning Commission Page 6 May 7, 1996 • Tuesday, June 4th - Special Planning Commission meeting at 6:30 p.m. to review planning items. The GenCom, Inc. may be scheduled for 7:30 p.m. • Tuesday, June 18th - Cancel Regular Planning Commission meeting so City Council can meet on budget. • Thursday, June 20th - Special Planning Commission meeting at 7:30 p.m. to review planning projects. WRITTEN COMMUNICATIONS 1. Agenda Item No. III.A.: Resolution ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Lubin, seconded by Commissioner Soto, and unanimously carried, the meeting was adjourned at 9:05 p.m. to the next regular meeting May 21, 1996. ATTEST: O bu ' le :reese, Comm ion Clerk AS TO CONTENT: Doreen Libeirto- Blanck, Community Development Director 1 1