PC Minutes 1996-02-20ARROYO GRANDE PLANNING COMMISSION
FEBRUARY 20, 1996
The Arroyo Grande Planning Commission met in regular session with Chairperson Keen
presiding. Present were Commissioners Soto, Beck, Deviny, and Tappan. Commissioners
Lubin and Carr were absent. Community Development Director Doreen Liberto - Blanck and
Associate Planner Scott Spierling were in attendance.
APPROVAL OF MINUTES - On motion by Commissioner Tappan, seconded by
Commissioner Deviny, and unanimously carried, the minutes of the regular meeting of February
6, 1996 were approved.
ORAL COMMUNICATIONS - None
PUBLIC HEARING - REQUEST TO REVISE PROJECT APPROVALS TO AMEND
TRAFFIC MITIGATION FEE FOR AMENDED TENTATIVE PARCEL MAP CASE NO.
92 -502, LOCATED AT 150 SOUTH HALCYON ROAD, APPLICANT PHILIP W.
STRAUSS
Associate Planner Scott Spierling presented the staff report. He reviewed the background of the
parcel map and Conditional Use Permit (CUP). The CUP expired on September 15, 1994 and
a new application would have to be filed, reviewed and approved before the house could be
converted. The original project contained 32 conditions of approval. The applicant is requesting
amendment to condition 1#10 which requires the developer to pay traffic mitigation fees based
on the 1989 backbone traffic fee system that assessed fees per peak hour trip, with this project
paying a total fee of $26,560.00. In 1994 the City Council adopted Ordinance 461 C.S. which
modified the traffic mitigation fees and allowed that developers who had not recorded their map
could apply to be assessed under the new Ordinance. Since the original condition was a
mitigation measure, an amended tentative map is required and the Planning Commission must
determine that the new fee will adequately mitigate project impacts. The fee for the residential
lot will be $538.22 and the fee for the commercial parcels cannot be determined until square
footage of the project is determined. The Staff Advisory Committee reviewed the application
and recommended adoption of the attached Resolution.
Commissioner Soto inquired if the tentative parcel map had been recorded? Associate Planner
Spierling replied it could not be recorded until all conditions of approval had been met.
Chairperson Keen opened the public hearing.
Bill Dyer, Project Engineer - He stated that he is available for questions. Chairperson Keen
asked if the applicant intended to go ahead with the project. Mr. Dyer replied that he was
unsure of the applicant's plans, but did know that he wanted to final the map.
With no further comments from the audience, Chairperson Keen closed the public hearing and
requested Commissioner comments.
Commissioner Deviny asked for clarification regarding which fee is being approved. Associate
Spierling replied that the fee would be for parcel one which fronts on Wood Place. Parcel two,
has the existing residence, and parcel three fronts on Halcyon. Commissioner Deviny indicated
he is concerned that the original CUP has expired and wonders if the original conditions and
variances apply. Chairperson Keen replied that to his understanding the conversion of the house
would need a whole new set of conditions.
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Arroyo Grande Planning Commission Page 2
February 20, 1996
Commissioner Soto said it is unclear whether the fees being requested are only for the residence.
Associate Planner Spierling directed the attention of the Planning Commission to Condition of
Approval number 4 of the proposed Resolution which would replace the original condition
number 10. The first fee that is due is for the residence and then the commercial fee which is
based on square footage which is undetermined at this time. There was discussion of how the
original fee was determined.
Commissioners Tappan and Beck expressed that their concerns had been answered.
Chairperson Keen stated his agreement with this evening's action and his understanding that
when the applicant applies for the CUP for the other properties the additional fees will be
addressed.
The following action was taken:
RESOLUTION NO. 96 -1547
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING AMENDED TENTATIVE PARCEL MAP
CASE NO. 92 -502, LOCATED AT 150 SOUTI-I HALCYON ROAD,
APPLIED FOR BY PHILIP W. STRAUSS; ADOPTING A NEGATIVE
DECLARATION; AND INSTRUCTING THE SECRETARY TO FILE A
NOTICE OF DETERMINATION
On a motion by Commissioner Deviny, seconded by Commissioner Beck, and by the following
roll call, to wit:
AYES: Commissioners. Deviny, Beck, Soto, Tappan and Keen
NOES: None
ABSENT: Commissioners Lubin and Carr
The foregoing Resolution was adopted this 20th clay of February 1996.
Staff advised the audience of the appeal period on this project.
PUBLIC HEARING - REQUEST TO REVISE PROJECT APPROVALS TO AMEND
TRAFFIC MITIGATION FEE FOR AMENDED TENTATIVE TRACT MAP NO. 1834,
LOCATED EAST OF JAMES WAY WITHIN THE RANCHO GRANDE SUBDIVISION,
APPLICANT OTTSE, INC.
Associate Planner Scott Spierling presented the staff report. He provided background
information on the original project approval. He discussed how traffic impact fees were assessed
on this project. He stated that an addendum to the original EIR has been prepared and it has
been determined that the traffic impacts can be mitigated by paying a lesser fee than originally
assessed. He discussed the fact that this will reduce the funds available to the City for major
roadway reconstruction. The Staff Advisory Committee recommended approval of the attached
resolutions with the findings suggested and subject to the conditions listed.
Arroyo Grande Planning Commission Page 3
February 20, 1996
Commissioner Beck stated that she felt the fees should be fair to all. Associate Planner Spierling
agreed that was why the City Council had allowed developers to amend their maps.
Commissioner Deviny asked about the percentage of build out in this subdivision. Associate
Planner Spierling stated that in Rancho Grande various tracts had been approved and were in
different stages :
• Tract 1834 has not yet begun under construction;
• Tract 1994 has recorded their map and full fee is being paid;
• Tract 1997 has not had the map recorded and the developer could request an
amendment to the fee;
• Tract 1132 has no traffic mitigation fee yet;
• Tract 1998 will be assessed when built.
There was discussion regarding which interchanges were included in the traffic analysis; the
impact caused by these tracts on traffic; and Planning Commission concern with waiving needed
fees.
Chairperson Keen opened the public hearing.
Don Ritter, Shetler Construction representing Ottse, Inc. - He stated that they agree their
project impacts traffic but they feel they are meeting their obligation in paying appropriate fees.
With no further comments from the audience, Chairperson Keen closed the public hearing and
requested Commissioner comments.
Commissioner Beck agreed that this project has a great impact but in fairness the Commission
should grant this amendment.
Commissioner Tappan commented that the loss of these fees had been previously discussed and
he had no further comments.
Commissioner Soto stated his major concerns were addressed in the Initial Study dated
November 17, 1995, Section VI which addressed Transportation and Circulation as "Potentially
Significant Impacts ". He stated that a project of this size has more than 50% of the overall
impact on the major traffic backbone problems in one specific area and he has concerns with
reducing fees.
Commissioner Deviny agreed that the traffic impact fees have been amended but because of the
location and size of the Rancho Grande development, the impact fee should not be amended.
Chairperson Keen also expressed concern due to impacts on the community; however, the City
Council reduced the impact fees citywide and the Planning Commission should respect this.
Community Development Director Doreen Liberto -Blank stated that she wanted to clarify that
staff was asking the project's traffic fee be consistent with the updated traffic impact fee
permitted under AB 1600. If the Commission feels not enough information is being provided
to support the reduction in the fee, or the environmental document is flawed, specific finding
must be made. Commissioner Deviny questioned where specific intersections were addressed
and there was discussion with staff regarding the base and increased fees; the amount necessary
in the future to fund the needed improvements; and previous project approvals in the City.
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Arroyo Grande Planning Commission Page 4
February 20, 1996
After discussion by the Commissioners, the following action was taken:
RESOLUTION NO. 96 -1548
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
CERTIFY THAT THE ENVIRONMENTAL IMPACT REPORT FOR THE
RANCHO GRANDE SUBDIVISION AND THE ADDENDUM FOR AN
AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 1834 AND
SPECIFIC DEVELOPMENT PLAN NO. 90 -01 HAS BEEN PREPARED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
On a motion by Commissioner Soto, seconded by Commissioner Beck, and by the following roll
call, to wit:
AYES: Commissioners Soto, Beck, Tappan, Deviny and Keen
NOES: None
ABSENT: Commissioners Lubin and Carr
The foregoing Resolution was adopted this 20th day of February 1996.
The following action was taken:
RESOLUTION NO. 96 -1549
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING APPROVAL OF AN
AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 1834 AND
SPECIFIC DEVELOPMENT PLAN NO. 90 -01, FOR THE PROPERTY
LOCATED NORTII OF JAMES WAY IN THE "RANCHO GRANDE"
PLANNED DEVELOPMENT, APPLIED FOR BY OTTSE, INC.
On a motion by Chairperson Keen, seconded by Commissioner Beck, and by the following roll
call, to wit:
AYES: Commissioners Beck, Tappan, and Keen
NOES: Commissioners Soto and Deviny
ABSENT: Commissioners Lubin and Carr
The foregoing Resolution was adopted this 20th day of February 1996.
PUBLIC HEARING - REQUEST FOR APPROVAL OF CONSTRUCTION OF A TWO
STORY, 3,280 SQUARE FOOT COMMERCIAL BUILDING AND RELATED SITE
IMPROVEMENTS; VARIANCE FOR HEIGHT OF WALL /FENCE; SIGN PLAN FOR
BUILDING; AND VARIANCE FOR TENANT LISTING ON THE MONUMENT SIGN.
Arroyo Grande Planning Commission Page 5
February 20, 1996
CASE NUMBERS: CONDITIONAL USE PERMIT CASE NO. 96-542 AND ASSOCIATED
ARCHITECTURAL REVIEW; VARIANCE CASE NO. 96 -193; PLANNED SIGN
PROGRAM CASE NO. 96 -119; AND VARIANCE CASE NO. 96 -194. PROJECT
APPLICANT IS JOSEPH WAIS FOR A PROPERTY AT 1164 GRAND AVENUE
Associate Planner Scott Spierling presented the staff report. He provided information regarding
the proposal which will contain two existing businesses and provide two offices for new
business. The project site meets requirements of the Development Code (setbacks, height and
parking). He presented a color board for the building. He presented an overhead to show the
slope of lot which requires a fence variance. An exhibit for the planned sign program was
presented; the variance, for a tenant listing on the monument sign, was necessary due, to building
setback and need for visibility from Grand Avenue. The Architectural Advisory Committee
(AAC) and Staff Advisory Committee (SAC) have both reviewed the application and recommend
approval.
Commissioner Deviny asked about an existing medical building and their signage. Staff replied
that they weren't sure about the number of tenants in that building. Commissioner Tappan
questioned if the business was moving from an established location where they had been given
credit for water usage. Staff replied that the water usage figure remained with the location.
Chairperson Keen opened the public hearing.
Greg Soto, Project Architect - He stated that he and the owner agree with the staff report and
conditions of approval and will be happy to answer any questions.
The Commission inquired about how far back the fence goes on the property; placement of the
fence below the roof line; fence visibility from the street; setback of the building; and amount
of traffic mitigation fee required.
With no further comments from the audience, Chairperson Keen closed the public hearing and
requested Commissioner comments.
Commissioner Tappan was concerned with water mitigation.
Commissioner Beck stated that this fits nicely with the other buildings; however, the sign colors
were a little strong and could be toned down. Staff replied that the Planning Commission could
add a condition regarding the color; however, AAC had no problem with colors of sign when
they reviewed the project.
Commissioner Soto stated that he felt it was a good project and he liked the signs.
Commissioner Deviny was concerned with the sign.
Chairperson Keen stated he felt projects with multiple tenants set back from the street need to
have tenants listed on the sign. He suggested adding the address to the sign.
Commissioner Tappan asked about the Park and Recreation condition requiring "root barriers ".
There was discussion regarding uplifting of sidewalks and need to have root barriers for all trees
on site.
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Arroyo Grande Planning Commission Page 6
February 20, 1996
After discussion by the Commissioners, the following action was taken:
RESOLUTION NO. 96 -1550
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE GRANTING VARIANCE CASE NO. 96-193 FOR THE
HEIGHT OF A FENCE /WALL APPLIED FOR BY JOSEPH WAIS, AT
1164 GRAND AVENUE
On a motion by Commissioner Deviny, seconded by Commissioner Soto, and by the following
roll call, to wit:
AYES: Commissioners Deviny, Soto, Tappan, Beck and Keen
NOES: None
ABSENT: Commissioner Lubin and Carr
The foregoing Resolution was adopted this 20th day of February 1996.
The following action was taken:
RESOLUTION NO. 96 -1551
A RESOLUTION OF TIIE 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. 96 -542 AND THE ASSOCIATED
ARCHITECTURAL REVIEW, APPLIED FOR BY JOSEPH WAIS AT 1164
GRAND AVENUE
On a motion by Commissioner Deviny, seconded by Commissioner Soto, and by the following
roll call, to wit:
AYES: Commissioners Deviny, Soto, Tappan, Beck and Keen
NOES: None
ABSENT': Commissioner Lubin and Carr
The foregoing Resolution was passed as corrected and adopted this 20th day of February 1996.
The following action was taken:
RESOLUTION NO. 96 -1552
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE GRANTING VARIANCE CASE NO. 96-194 FOR SIGN
DEVIATIONS, APPLIED FOR BY JOSEPH WAIS AT 1164 GRAND
AVENUE
Arroyo Grande Planning Commission Page 7
February 20, 1996
On a motion by Commissioner Deviny, seconded by Commissioner Soto, and by the following
roll call, to wit:
AYES: Commissioners Deviny, Soto, Tappan, Beck and Keen
NOES: None
ABSENT: Commissioner Lubin and Carr
The foregoing Resolution was adopted this 20th day of February 1996.
The following action was taken:
RESOLUTION NO. 96 -1553
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO.
96 -119, APPLIED FOR BY JOSEPH WAIS AT 1164 GRAND AVENUE
On a motion by Commissioner Deviny, seconded by Commissioner Soto, and by the following
roll call, to wit:
AYES: Commissioners Deviny, Soto, Tappan, Beck and Keen
NOES: None
ABSENT: Commissioner Lubin and Carr
The foregoing Resolution was adopted this 20th day of February 1996.
Staff advised the audience of the appeal period on this project.
NON PUBLIC HEARING - REQUEST FOR INTERPRETATION OF INSTITUTIONAL
USES; PER ORDINANCE 355 C.S., LOCATION LOT 182 TRACT 1390 - ROYAL OAKS,
APPLICANT PACIFIC HARBOR CAPITAL INC.
Associate Planner Scott Spierling presented the staff report. He explained that Tract 1390 was
approved with lot number 182 designated for one, single family estate hone which could be
converted to institutional use upon approval of a rezone application. The staff report analyzes
this question utilizing different factors. The Planning Commission is requested to make a
recommendation to the City Council, that the senior complex is or is not an institutional use
within the context of Ordinance 355 C. S. The Commission was presented a packet of
information this evening by the applicant.
Chairperson Keen asked the applicant to address the Commission.
Rick Novak, President of Wren Investments, applicant representative - He discussed the
information presented to the Planning Commission; how the project would be monitored by
HUD; projects he is involved with in other areas; assisted living facilities for seniors; future
increase in senior population and cost to society; community based long term care; support of
Council for Aging, Catholic Charities and Visiting Nurses Association and their agreement with
the "institutional" title; community facilities that will be available to residents of project; fact
that proposal will blend with surroundings; and typical site plans for this type of project.
Joyce Ellen Lipman, Director of Area Agency on Aging for San Luis Obispo and Santa
Barbara Counties- - She discussed need for low cost housing for low income housing in the
County.
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Arroyo Grande Planning Commission Page 8
February 20, 1996
Don MclIaney, property owner - He stated that there had been a review for a 40 unit Planned
Unit Development on the site but he felt that this proposal would be an excellent use of this
parcel. He had always intended it for a senior site and there were no specific projects listed for
the larger sites because it was intended that they would come back to the Planning Commission
for individual approvals.
Commissioner Soto referred to the definition of "institution" in the staff report. He expressed
concern regarding the project being two -story and lack of parking on site for seniors. He likes
the project but feels that it outside the true definition of "institutional use ".
Commissioner Deviny stated that his definition of "institution" would provide a complete service
and though he likes the project he is also concerned with traffic.
Commissioner Beck would like to see public services and public transportation closer to a senior
facility and doesn't feel that this site provides necessary amenities for senior housing. She
agrees that seniors would prefer to stay at home for care traditionally provided in an institution
and doesn't agree that senior driving is a real concern. She asked staff about the City need for
low cost housing. Community Development Director Doreen Liberto - Blanck replied that the
City is in need of this type of housing but only that which meets the State definition can be
counted toward the allocation required in the Housing Element. Commissioner Beck expressed
concern with justifying this as constituting an "institutional use ".
Commissioner Tappan stated that the project looks like apartment living which does create
traffic. He said that he believes seniors drive longer now than they did in the past. He has not
had the opportunity to review the information provided by the applicant, but based on the staff
report he cannot find that this use is "institutional ". He could support the project on the site,
but through another process not through an interpretation.
Chairperson Keen asked staff when the added information was received. Associate Planner
Spierling indicated the packet was delivered this afternoon. Indicated that he probably would
support the project on the property, but not through the process presented this evening. He also
expressed concern with project generated traffic.
Mr. Novak stated that he feels assisted living is an appropriate use in the zone; discussed the
type of person who would utilize the project; addressed senior driving averages and number of
spaces provided in his projects; stated that the facility would provide transportation for residents;
stated that institutional cost is prohibitive and not a good use of resources; stated that he
prepared his packet in response to the staff report and apologized for its late arrival; discussed
financing for construction and how rent is determined; and talked about some of the existing
facilities in Santa Maria and San Luis Obispo.
Commissioner Tappan asked staff if the Peoples' Self -Help Housing projects were considered
institutional. Community Development Director replied that they were not considered
institutional, and were required to be placed in Multi - family zones.
After discussion by the Commissioners, the following action was taken:
RESOLUTION NO. 96 -1554
A RESOLUTION OF THE PLANNING COMMISSION OF TIIE CITY OF
ARROYO GRANDE RECOMMENDING TIIAT THE CITY COUNCIL
PROVIDE AN INTERPRETATION TIIAT AN AFFORDABLE S ENIOR
APARTMENT COMPLEX IS NOT AN INSTITUTIONAL USE WITHIN
THE CONTEXT OF ORDINANCE 355 C.S.
Arroyo Grande Planning Commission Page 9
February 20, 1996
On a motion by Commissioner Tappan, seconded by Commissioner Beck, and by the following
roll call, to wit:
AYES: Commissioners Tappan, Beck, Soto, Deviny and Keen
NOES: None .
ABSENT: Commissioners Lubin and Carr
The foregoing Resolution was adopted this 20th day of February 1996.
PLANNING COMMISSION ITEMS AND COMMENTS
A. Countywide Planning Commission Dinner, February 23, 1996 in Grover Beach (a
reminder).
B. Joint City Council and Planning Commission Meeting is scheduled for March 5 at 7:30
p.m. The Planning Commission has a Special Meeting at 6:30 p.m. prior to the joint
meeting.
C. Update of Projects
WRITTEN COMMUNICATIONS
1. Letter and packet of information from Mr. Novak regarding Agenda Item No. IIIA.
2. Attendance sheet for upcoming Planning Commission meetings.
ADJOURNMENT
There being no further business before the Commission, on a motion by Commissioner Tappan,
seconded by Commissioner Deviny, and unanimously carried, the meeting was adjourned at 9:40
p.m. to the Countywide Planning Commission Dinner at 6:30 p.m. located at 993 Ramona
Avenue, Grover Beach on February 23., 1996.
ATTEST:
S TO CONTENT:
rto- Blanck Community Development Director