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PC Minutes 1996-01-16ARROYO GRANDE PLANNING COMMISSION JANUARY 16, 1996 The Arroyo Grande Planning Commission met in regular session with Chairperson Keen presiding. Present were Commissioners Beck, Carr, Deviny, Soto, Tappan and Lubin. Community Development Director Doreen Liberto - Blanck and Associate Planner Scott Spierling were in attendance. APPROVAL OF MINUTES - On motion by Commissioner Soto, seconded by Commissioner Tappan, and unanimously carried, the minutes of the regular meeting of January 2, 1996 were approved. ORAL COMMUNICATIONS - None PUBLIC HEARING - REVISIONS TO THE LOCATION AND HOUSING OF A STAND- BY GENERATOR FOR DR. MICHAEL LIMBERG, CONDITIONAL USE PERMIT (CUP) CASE NO. 95 -536 AND ASSOCIATED ARCHITECTURAL REVIEW AT 303 SOUTH HALCYON ROAD Associate Planner Scott Spierling presented the staff report. He reviewed the background of the CUP approvals and presented the proposed new location via overhead. It is proposed that the stand -by generator be placed within a manufactured sound attenuating housing that is between the building and a six foot (6') high block wall. He discussed the originally proposed location, the revised approved location and the currently proposed location of the stand -by generator. Chairperson Keen opened the public hearing. Rodney Levine, Applicant representative - stated that the location changes had occurred as the project developed, he supports the staff recommendation. Commissioner Soto asked how many times they anticipated using this generator. Mr. Levine replied it would be when the power was out and it would be exercised (tested) regularly. He also stated that the facility was open during the day time hours and not on the weekend. With no further comments from the audience, Chairperson Keen closed the public hearing and requested Commissioner comments. Commissioner Lubin had no concerns regarding the location Commissioner Deviny stated the noise level was so low he felt there was no concern though he would like to be sure that the exercising was done during the middle of the day. Commissioner Soto indicated that he felt the noise levels, as reflected in the exhibit presented by the applicant were insignificant. Commissioner Tappan noted that there was an error in the Resolution, Mitigation Measure #3 which stated that: "Overall noise level at 40 feet from the unit shall not exceed 45 dB." should read 0 Staff concurred. Commissioner Beck and Commissioner Carr stated that their concerns had been addressed. There was discussion by the Commission of setting specific hours for the exercising however it was determined that the noise level was not significant enough to require this action. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 2 January 16, 1996 After discussion by the Commissioners, the following action was taken with the correction to the resolution noted by Commissioner Tappan: RESOLUTION NO. 96 -1544 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 AMENDED CONDITIONAL USE PERMIT CASE NO. 95 -536, AND ASSOCIATED ARCHITECTURAL REVIEW FOR REVISIONS TO THE LOCATION AND HOUSING OF A STAND -BY GENERATOR, APPLIED FOR BY DR. MICHAEL LIMBERG, AT 303 SOUTH HALCYON ROAD On a motion by Commissioner Soto, seconded by Commissioner Deviny, and by the following roll call, to wit: AYES: Commissioners Soto, Deviny, Beck, Carr, Lubin, Tappan and Keen NOES: None ABSENT: None The foregoing Resolution was passed as corrected and adopted this 16th day of January 1996. Staff advised the audience of the appeal period on this project. Commissioner Soto excused himself from the next item. PUBLIC HEARING - PROJECT REVIEW OF THE LOPEZ CONTINUATION HIGH SCHOOL SPECIAL START PROGRAM WHICH ADDRESSES THE NEEDS OF A TEENAGE ACADEMIC AND PARENTING PROGRAM (TAP) BY THE LUCIA MAR UNIFIED SCHOOL DISTRICT, CONDITIONAL USE PERMIT (CUP) CASE NO. 94-527. Community Development Director Doreen Liberto - Blanck presented the staff report. She briefly reviewed the background of the CUP. In 1992 Lopez Continuation school was approved at the present location and in 1994 the TAP program was added in the same location. The Parks and Recreation Director has expressed concern regarding trash left at City Parks by the students; the Public Works Department has no concerns; the Police Department has no concerns; and a letter from Mid -State Sound expressing their concern was included in the packet. The Parks and Recreation Director and the Community Development Director met with Scott Lathrop of Lucia Mar School District to discuss the issues. The School District representative indicated that not all of the students are from Lopez School. There was discussion regarding added supervision and self - policing of the trash. The CUP for both uses expires August 1996. Commissioner Carr asked for clarification of his understanding that this evening's review was of the TAP program. Staff concurred that was how the meeting was noticed but since the two issues are so closely intertwined there can be discussion of both issues but only action regarding the TAP program. Chairperson Keen opened the public hearing. Scott Lathrop, Lucia Mar School District, thanked staff for their assistance; stated that the District is willing and able to attempt to solve any problems that have come up in the last six months; and their board has discussed adding staff to help with outside supervision. Arroyo Grande Planning Commission Page 3 January 16, 1996 Ramona Teichert, 203 -1/2 Bridge Street read a letter that she is sending to Lucia Mar School District regarding Lopez Continuation School. She stated that the neighborhood had understood that the school being located in the Village was a temporary situation and another location had been purchased. She said that there were many problems with loitering, trash, intimidation and noise. Norine Fisher, 106 Nelson Street had a business at Bridge and Nelson; presented a letter she had sent to the Commission in November of 1994 and read another letter she had written for this evening. Her concerns are nuisance factors from so many students; understanding that the CUP was for a temporary use; lack of police response to deter drivers; trash accumulation; location within a commercial zone; and recent newspaper stories of fighting and theft in the area. Bill Hart, 203/207 Bridge Street presented a letter to the Commission regarding concerns. He said that the staff at Lopez had attempted to address the some of the problems but had only limited success. He indicated that the noise level was sometimes so excessive that it vibrated surgical instruments in the tray. He stated that some of their patients were intimidated and had to be escorted to their cars. He discussed a specific problem that had occurred with a group of teenage girls blocking the street. These problems have been discussed with the Police Chief. He feels that the school and neighborhood are not compatible uses. Harvey White, Lopez Continuation School principal agreed that any school would have an impact on the neighborhood. He appreciates the comments of Mr. Hart regarding the attempt of Lopez staff to deal with the concerns of the neighbors but has not been approached by more neighbors. He stated that at the meeting with the City staff it was proposed that Lopez students would assist in the cleaning of the trash in the Creek to involve the students in the community. As any issues are brought to his attention he will deal with them promptly. Commissioner Carr asked how many students are enrolled at Lopez. Mr. White replied that there were approximately 200 and 30 of those are in the TAP program. Mr. White explained that there are two sessions, morning and afternoon for the majority of the students. The students in the TAP program are in school longer. Commissioner Carr inquired what percentage of the students were residents of Arroyo Grande? Mr. White replied that he would estimate approximately 25 %. Chairperson Keen inquired when the TAP program had begun? Mr. White replied that it was in September of 1995 and approximately 12 to 15 babies were involved. With no further comments from the audience, Chairperson Keen closed the public hearing and requested Commissioner comments. Commissioner Beck stated that it appeared to her that the problem was not with the TAP program but with the location of Lopez school. She inquired if there was a mechanism whereby the Planning Commission could address the concerns of the neighborhood prior to the expiration of the CUP in August of 1996. Community Development Director replied that the Commission could direct staff to work with the school district on the concerns voiced. Commissioner Carr stated that he feels the location of the school is inappropriate and perhaps the City Council could send a message to the school district that a new location should be found. He would like to see conditions requiring policing of trash and added lunchtime supervision. He would find it difficult to make findings of approval, under the current conditions, should there be a request to extend the CUP. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 4 January 16, 1996 Commissioner Tappan agreed that a message should be sent to the school district regarding the concerns. He doesn't feel that the students should be isolated from the community, but is concerned with the existing businesses and neighborhood. It is difficult to separate the TAP program and the school use but somehow, there must be a solution found. He feels that there is a need for more outside supervision. Commissioner Deviny stated that there appears no reason to deny the TAP program but is concerned that there are so many concerns. He has personally seen the intimidation and loitering and does not feel that the school is being a good neighbor. He would be unable to vote to continue the CUP in August. Commissioner Lubin stated that he is disappointed in the attitudes of the students regarding the neighborhood. He would agree that there should be another location for the school and would be unable to vote to extend the CUP in August. He is a supporter of the TAP program. He would like to see added supervision. The problems won't go away if not addressed they will . just move with the school. Chairperson Keen stated that the TAP program is properly located with Lopez School but he is not sure that Lopez should be located where it is. He asked Mr. Lathrop about the possibility of moving Lopez. Mr. Lathrop stated that the school district has a five acre parcel available and plans drawn for the facility, they don't have funds to build. Several bond measures have failed regarding school funding. He will report back to the District regarding the concerns of the Planning Commission and the possibility of denial of the CUP in August. There was discussion by the Commission of correcting the problem of trash pickup; constructing some sort of sound barrier for the Doctor's office; mutual use of the parking lot; conditions of approval of the original CUP still not met; added staff for supervision; potential relocation of the facility; local school district concerns; increased enrollment at Arroyo Grande High school; and how to monitor any progress that may occur. After further discussion by the Commissioners, the following action was taken: The following motion was made by Commissioner Carr, seconded by Commissioner Tappan, and unanimously carried: The school district shall prepare a plan for trash pickup and outside supervision and present it to the Community Development Director by January 26, 1996. This item shall return to the Planning Commission for review of progress at a Special Meeting on March 5, at 6:30 p.m. The following motion was made by Commissioner Carr, seconded by Commissioner Lubin, and unanimously carried: Planning Commission directs the Secretary to prepare an item for the City Council agenda advising them of the commission concerns regarding this item and requesting that the City Manager be directed to begin a dialogue with Lucia Mar School District to identify alternative sites for Lopez Continuation High School. Commissioner Soto returned to the dias. Arroyo Grande Planning Commission Page 5 January 16, 1996 NON - PUBLIC HEARING - REQUEST FOR INTERPRETATION OF DEVELOPMENT CODE SECTION 9- 12.100 REGARDING ACCESS TO A PUBLIC RIGHT -OF -WAY AT 248 WEST BRANCH STREET BY PAUL DEFFEBACH Community Development Director Doreen Liberto - Blanck stated that the request for interpretation has been withdrawn based on the City Attorney determination that the applicant is not required to pave Wilton Place to Vernon Street. PLANNING COMMISSION ITEMS AND COMMENTS A. Joint City Council and Planning Commission Meeting Possible dates are March 5, April 2, or May 7. The City Council will discuss this at their Tuesday meeting and staff will report back. B. Update of Projects • GenCom, Inc. has submitted their plans and may be presented to the Planning Commission at the 2nd meeting of April; • appeal of the Planning Commission interpretation for Bob's Car Wash has been withdrawn from City Council agenda; • the City Council plans a public meeting for input on the Long Range Planning Report on February 27; • Von's has indicated that if they do purchase the Smith's Food King site, they will close their location on Elm Street and Grand Avenue. It was suggested that the City should encourage alternative uses for the site so that it does not sit vacant. C. Countywide Planning Commission Dinner (February 23, 1996 in Grover Beach) This meeting is scheduled for February 23, at 6:30 and the topic will be Designing the Future Direction of San Luis Obispo County WRITTEN COMMUNICATIONS - None ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Carr, seconded by Commissioner Tappan, and unanimously carried, the meeting was adjourned at 9:25 P.M. to the next regular meeting on February 6, 1996. ATTEST: • _! Breese, Commission Clerk TO CONTENT: JobelC , ai ' rto- Blanck, Community Development Director een Ch rson 1 1 1