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PC Minutes 1995-11-07ARROYO GRANDE PLANNING COMMISSION NOVEMBER 7, 1995 The Arroyo Grande Planning Commission met in regular session with Chairperson Keen presiding. Present were Commissioners Beck, Tappan, Deviny, Soto, and Lubin. Commissioner Carr was absent. Community Development Director Doreen Liberto - Blanck, Current Planner Scott Spierling and Associate Planner, of Crawford, Multari and Starr, Susan Clark were in attendance. APPROVAL OF MINUTES On a motion by Commissioner Tappan, seconded by Commissioner Soto, and unanimously carried, the minutes of September 19, 1995 were approved as submitted. ORAL COMMUNICATIONS - None Chairperson Keen stated that the applicant for Public Hearing Item II.E. and Non - Public Hearing Item III.A., GenCom, Inc., has requested a continuance of these two items to November 21, 1995. Chairperson Keen requested Commission action on these items at this point in the agenda to allow members of the audience to speak, no one chose to do so. On a motion by Commissioner Lubin, seconded by Commissioner Deviny, and unanimously carried, Public Hearing Item II.E. and Non - Public Hearing Item III.A., applicant - GenCom, Inc., were continued to the Planning Commission meeting of November 21, 1995. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 95 -538 AND ASSOCIATED ARCIIITECTURAL REVIEW FOR CONVERSION OF EXISTING STRUCTURAL; PLANNED SIGN PROGRAM CASE NO. 95 -117 FOR PLANNED SIGN PROGRAM FOR THE COMMERCIAL USE; AND VARIANCE CASE NO. 95 -191 FOR VARIANCE FOR SIGNAGE (TENANT LISTING ON A MONUMENT SIGN), 1147 GRAND AVENUE, APPLICANT IS DARC ENTERPRISES, INC. Current Planner Spierling presented the staff report on this item. He presented exhibits and utilized the overhead projector to illustrate the proposal. The proposal is to add square footage to an existing structure and convert a garage into offices, thereby creating seven offices which face an interior courtyard. There is also a proposal for a sign program which consists of five basic types of signs. The applicant has filed a variance request to allow a monument sign which contains tenant listing, this type of sign is prohibited by the Development Code. The Architectural Advisory and Staff Advisory Committees have reviewed the project and recommended approval. Their conditions of approval are included in the Resolutions provided for Planning Commission review. A revised Resolution for the Conditional Use Permit/Architectural Review approval was presented to the Commission this evening. The revised Resolution is a result of renumbering and a change to condition #23. Commissioner Soto had questions regarding the fire lane as noted on the plans. He stated that the main driveway was not listed as a fire lane on the plans. Commissioner Tappan asked where specific signs are to be located. Current Planner Spierling identified the locations on the overhead. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 2 November 7, 1995 Chairperson Keen opened the public hearing. Albert Epstein, DARC Enterprises, stated that he would be happy to answer any questions the Commission might have. Chairperson Keen asked if Mr. Epstein had reviewed the Mitigation Measures and if he had any concerns. Mr. Epstein replied that he had reviewed them and agreed. Greg Soto, Project Architect, discussed the bay window that is shown on page 1 of the plans. He agreed that it is a strong architectural feature of the structure, but stated that they intend replacing it with a door. Current Planner Spierling stated that the Architectural Advisory Committee felt the bay window was the strongest architectural feature and they would like to see it remain if possible, but it is not mandatory for approval. There was discussion with the Commission regarding the need for secondary access for the project. With no further comments from the audience, Chairperson Keen closed the public hearing and requested Commissioner comments. Commissioner Lubin expressed concern with access to the project from Grand Avenue. He inquired if the doors that replace the bay window would be open to the public? After discussion it was determined that these would be doors to a private office space. Commissioner Deviny stated that he feels the proposal is an improvement over the existing structure and he feels that the directory sign listing individual tenants would be justified in this location. Commissioner Soto stated that his main concerns would be adequate parking for the project and that the left hand turn from Grand Avenue into the project have an unrestricted line of sight. Generally he is in favor of the project. Commissioner Tappan stated that he feels the proposal is a good use of the building but has a problem with the directory sign. He asked Mr. Soto about the finish on the trash enclosure; Mr. Soto responded that it would be the same finish as the building. Commissioner Tappan stated that he feels it is a good project. Commissioner Beck said she likes the project and has no further questions. Chairperson Keen asked about the monument sign location and the materials to be utilized. The applicant responded that the sign is proposed perpendicular to Grand Avenue and is two -sided with a covered pitched roof. There was Commission discussion regarding: the sign location, should it be per - perpendicular or parallel to Grand Avenue; an alternative location for the sign; the possibility of naming the building, making the directory listing unnecessary; and other monument signs throughout the City that list individual tenants. After discussion by the Commissioners, the following action was taken: Arroyo Grande Planning Conunission Page 3 November 7, 1995 RESOLUTION NO. 95 -1528 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 95 -538, AND ASSOCIATED ARCHITECTURAL REVIEW TO CONVERT EXISTING STRUCTURES OF COMMERCIAL USE AND ADDITION OF 811 SQUARE FEET OF COMMERCIAL FLOOR SPACE, APPLIED FOR BY DARC ENTERPRISES INC., AT 1147 GRAND AVENUE; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION On a motion by Commissioners Soto, seconded by Commissioner Lubin, and by the following roll call, to wit: AYES: Commissioners Soto, Lubin, Beck, Deviny, Tappan, and Keen NOES: None ABSENT: Commissioner Carr The foregoing Resolution was passed and adopted this 7th day of November 1995. Then the following action was taken: RESOLUTION NO. 95 -1529 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING VARIANCE CASE NO. 95-191 FOR SIGN DEVIATIONS, APPLIED FOR BY DARC ENTERPRISES, INC., AT 1147 GRAND AVENUE On a motion by Commissioners Soto, seconded by Commissioner Lubin, and by the following roll call, to wit: AYES: Commissioners Soto, Lubin, Beck, Deviny, Tappan, and Keen NOES: None ABSENT: Commissioner Carr The foregoing Resolution was passed and adopted this 7th day of November 1995. After further discussion by the Commissioners, the following action was taken: RESOLUTION NO. 95 -1530 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO. 95 -117, APPLIED FOR BY DARC ENTERPRISES, INC., AT 1147 GRAND AVENUE 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 4 November 7, 1995 With the following addition to general condition of approval #3: "except that the main entry sign shall be single sided and parallel to the street and except as modified by the following conditions ". On a motion by Commissioners Beck, seconded by Commissioner Lubin, and by the following roll call, to wit: AYES: Commissioners Soto, Lubin, Beck, Tappan, and Keen NOES: Commissioner Deviny ABSENT: Commissioner Carr The foregoing Resolution was passed and adopted this 7th day of November 1995. Planning Staff apprised the public of the appeal period on this project. PUBLIC HEARING ITEM TENTATIVE PARCEL MAP CASE NO. 95 -526, PROPOSAL FOR TWO LOT MINOR SUBDIVISION AT 1075 FARROLL AVENUE, APPLICANT IS MARK VASQUEZ FOR NORMA WILSON. Community Development Director Doreen Liberto - Blanck introduced Associate Planner Susan Clark of Crawford, Multari and Starr who presented the staff report. The proposal is for approval of a tentative parcel map to subdivide one single family lot into two parcels. The existing lot is a flag lot and it is served by an improved, 32 foot wide, privately maintained driveway. There was a deed restriction placed on the original subdivision which prohibited further subdivision until the lots were served by a public right -of -way but it was never recorded and appears to be unlikely that the driveway will develop into a standard public right -of -way due to existing development. Both proposed lots would exceed the minimum requirements of the Development Code. The necessary easements and maintenance agreements are included in the conditions of approval for the project. The Staff Advisory Committee reviewed the project and had a concern with potential drainage problems, this was resolved through easements and agreements with adjacent property owners. Approval, based on the findings and conditions listed in the Resolution, is recommended. A letter was received from the applicant which questioned condition #17 which addresses undergrounding of utilities along the Farroll Avenue frontage. This letter was provided to the Planning Commission at the beginning of the meeting along with a revised Resolution of approval. Chairperson Keen requested staff to review the changes that required a revised Resolution. Community Development Manager Liberto - Blanck stated the applicant had some concerns regarding condition #21 where a typo was corrected and condition #31 which was revised to allow more flexibility for the applicant to work with the Public Works Director. Chairperson Keen opened the public hearing. Arroyo Grande Planning Commission Page 5 November 7, 1995 Mark Vasquez, project applicant stated that he agreed with all conditions as stated in the revised Resolution but had a couple of questions that required clarification. On condition #14 his assumption was that the Fire Impact Fee would apply only to the new lot, Community Development Manager Liberto - Blanck agreed in previous similar situations the Fire Chief had given credit and Mr. Vasquez was correct. Mr. Vasquez reiterated his concern with the verbiage of condition #17 as noted in his correspondence, and the need to delete condition #36 (Underground all utilities). The revisions to condition #21 and #31 allow flexibility for the applicant and City departments to work together. Mr. Vasquez requests that the Commission finds, along with staff, that the previous unrecorded deed restriction not be a deterrent to this project. Commissioner Tappan asked if there had been a problem getting the other residents to agree with maintenance of the roadway? Mr. Vasquez stated it was his understanding that the maintenance agreement would apply to the property in question only. Bill Marvos, 1071 Farroll, Arroyo Grande lives in the first house on the driveway. He doesn't oppose development of this project but has a concern with the 32' driveway, only 20' of which is currently paved. This driveway is actually 580' long and his concern is the speed which cars travel along this drive. He would like to see some sort of speed control, possibly speed bumps. There was also some discussion of the utility pole, Chairperson Keen explained that there was no request for another pole on the property. With no further comments from the audience, Chairperson Keen closed the public hearing. Chairperson Keen asked about the possibility of additional development in the vicinity. Community Development Director Liberto - Blanck responded that there is one additional vacant site along the driveway, she also identified a few other potential development sites in the general area. Commissioner Beck asked about consideration of the previous deed restriction which does not allow further subdivision. Community Development Director Liberto-Blanck responded that she had discussed this with the City Attorney and a specific finding was listed in the Resolution to address this concern. Commissioner Beck noted that she was not in favor of speed bumps. Staff replied that all other City departments had reviewed the project and speed had not been identified as a problem. There was a general discussion of undergrounding utilities in the City: possibility of assessment districts being formed; how past projects have been conditioned; and a report being prepared by the Long Range Planning Committee for City Council review. Commissioner Tappan would like to see the words "recorded concurrently with the final map" added to condition #28, to avoid future confusion. Commissioner Soto referred to the fact that the driveway was privately maintained and that speed bumps could be added if the individuals concerned agreed. He recommended the addition of the words "along the private driveway" and deletion of condition #36. 1 1 1 1 Arroyo Grande Planning Commission Page 6 November 7, 1995 Commissioner Deviny approves of the project and of the finding that deals with the unrecorded deed restriction. Commissioner Lubin had concerns regarding clarification to condition #21 and #31. Staff responded that the new language would provide the ability to look at alternative methods of resolution. Chairperson Keen stated that he agreed it is appropriate to address the condition of the driveway at this time and determination on utility undergrounding was appropriate to the property. He expressed concern with Mitigation Measure #6. The City Council has exempted this condition from some major projects and it is his opinion that it is excessive for small projects. There was general discussion of this measure and staff advised the Planning Commission that there is a report being prepared for City Council review which may set a new policy to address this measure. After discussion by the Commissioners, the following action was taken: RESOLUTION NO. 95 -1531 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 TENTATIVE PARCEL MAP CASE NO. 95 -526, APPLIED FOR BY MARK VASQUEZ (NORMA J. WILSON) AT 1075 FARROLL AVENUE Motion to adopt the resolution with Planning Commission modifications to condition #17 and #28, staff recommended changes to condition x/21 and 31 and deletion of condition #36. On a motion by Commissioners Tappan, seconded by Commissioner Soto, and by the following roll call, to wit: AYES: Commissioners Tappan, Soto, Beck, Deviny, Lubin, and Keen NOES: None ABSENT: Commissioner Carr The foregoing Resolution was passed and adopted this 7th day of November 1995. Planning Staff apprised the public of the appeal period on this project. The Planning Commission took a ten minute break. PUBLIC HEARING ITEM TENTATIVE TRACT MAP 2190, PROPOSAL FOR FIVE LOT SUBDIVISION ON 3.84 ACRES AT 1101 IIUASNA ROAD, APPLICANT IS BOB BOWEN Arroyo Grande Planning Commission Page 7 November 7, 1995 Community Development Director Doreen Liberto - Blanck introduced Associate Planner Susan Clark of Crawford, Multari and Starr who presented the staff report. The proposal is a second phase of a subdivision, phase one included the installation of the cul -de -sac and street improvements. The existing structures were described and access to the sites was discussed. To achieve the necessary lot size for lot #5, it has been agreed to add the access driveway acreage to that lot and include a maintenance agreement and easements in the conditions of approval for the project. Landscaping requirements as required by the Development Code were discussed and are included as conditions of approval. An additional item of note is undergrounding utilities. There is a utility pole across Huasna Road from the project, lines will go over Huasna Road to the project but will be undergrounded within the project. This is due to potential difficulties in locating existing pipes, gas mains, etc. under Huasna Road The Staff Advisory Committee reviewed the project and had a concerns with street improvements and landscaping requirements, these was addressed in the conditions of approval. Approval, based on the findings and conditions listed in the Resolution, is recommended. Commissioner Deviny asked if the Public Works Department had agreed to the overhead lines for the street light? Staff replied that the Public Works Department had agreed to maintaining the existing overhead lines but utilities within the project would be undergrounded. Commissioner Deviny felt condition #36 did not adequately address the question of lines, staff said they would work on additional wording for the condition. Commissioner Beck asked if the house on lot 1 was to be maintained as a residence? Staff replied in the affirmative. Chairperson Keen opened the public hearing. Bob Bowen, project applicant commended the Planning Commission on the process that has evolved in the City for working out issues of concern prior to presenting the project for approval. He is in agreement with the conditions as presented. He went into detail about the utility feed arrangement for the project. PG &E has agreed to have the street light added to the existing electric pole instead of adding another pole. With no further comments from the audience, Chairperson Keen closed the public hearing. Commissioner Soto questioned the placement of water and sewer lines within the project. Mr. Bowen explained the proposed placement of the lines. Associate Planner Clark proposed additional language for condition #36: ". . .in addition the applicant shall underground all on -site utilities as approved by the Public Works Director." Commissioner Deviny suggested adding ". .from pole.." to the language. Commissioner Deviny questioned adding the street access acreage to lot #5. There was discussion regarding the gross acreage numbers for each of the lots, the access easement for the other lots and the fact that there will be a recorded maintenance agreement. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 8 November 7, 1995 Chairperson Keen mentioned the need for sprinklers due to the lack of turnaround on the drive. Mr. Bowen stated that lots 2, 3, and 4 will probably need to be sprinklered. Chairperson Keen stated this would normally be included in Fire Department Conditions. Staff checked to see if Fire and Building Department conditions had been received. Commissioner Soto stated that the staff report should be corrected to reflect the appropriate gross acreage for each of the lots. Chairperson Keen stated that he again had a concern with Mitigation Measure #5 as previously noted. Community Development Director Doreen Liberto - Blanck noted that the project file did not contain final Fire and Building Department conditions, she would like to add an additional condition: "Applicant shall adhere to standard Building and Fire Department conditions." During the pre - application stage there were conditions noted and she reviewed some of them. Mr. Bowen had received a copy at that time, the applicant had no objection to them being included. After discussion by the Commissioners, the following action was taken: RESOLUTION NO. 95 -1532 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 TENTATIVE TRACT MAP 2190, APPLIED FOR BY BOB BOWEN AT 1101 HUASNA ROAD Motion to adopt with additional language to condition #36 and addition of Fire and Building Department conditions as noted in the pre - application. On a motion by Commissioners Deviny, seconded by Commissioner Tappan, and by the following roll call, to wit: AYES: Commissioners Deviny, Tappan, Lubin, Beck, Soto, and Keen NOES: None ABSENT: Commissioner Carr The foregoing Resolution was passed and adopted this 7th day of November 1995. Planning Staff apprised the public of the appeal period on this project. PUBLIC HEARING ITEM FOR PLANNED SIGN PROGRAM CASE NO. 94 -114a (AMENDMENT #2) FOR REVISION TO APPROVED SIGN PROGRAM AND VARIANCE CASE NO. 94 -186 (AMENDMENT #2) FOR VARIANCE TO ADD TWO ADDITIONAL SIGNS TOTALLING 28.4 SQUARE FEET FOR JUICE AND JAVA BUSINESS Arroyo Grande Planning Commission Page 9 November 7, 1995 Current Planner Spierling presented the staff report to the Commission. He reviewed the previous approvals for this project, indicated that the original sign permit had no provision for a second business, and noted that a sublease had occurred. The proposal is to allow signage for the new business, comparisons of the size and amount of signs for comparable businesses were noted. The Architectural Advisory Committee reviewed the project and determined that the number of signs was not excessive. They also indicated that the proposed design was compatible with the existing building and signs. Approval, based on the findings and conditions listed in the Resolution, is recommended. Commissioner Deviny asked staff if the Variance request was substantiated by Table 2. Staff replied in the affirmative. Chairperson Keen asked about the illumination of the signs and the colors. Current Planner Spierling stated that the signs were not internally illuminated and passed around a color board. Commissioner Deviny asked if the signs would function off of the existing spotlights? Staff replied in the affirmative. Commissioner Tappan asked if the ' existing banners would come down if the project were approved? Current Planner Spierling replied that they would have to be removed prior to the new signs going up. Chairperson Keen opened the public hearing. Jim Fredenberg and Jake Schaffer, applicants stated they were available to answer questions. Chairperson Keen asked if they agreed with the conditions of approval and they stated that they did. Melvin Johnson, 5135 Traffic Way, Arroyo Grande owns the Mobile Home Park adjacent to the business. He expressed concerns regarding conditions of the original Conditional Use Permit which he feels have not been met, the type of trees that were planted and the height of the wall separating the two properties is not tall enough. He is concerned with the issue of safety as well, there have been various police actions involving high school age children jumping the wall and gathering at the park across the street. Marlene Johnson, 5135 Traffic Way, Arroyo Grande, owns the Mobile Home Park adjacent to the business. She expressed additional concern with height of wall, headlights from the adjacent business shine in the mobile homes, she was under the impression that the ABC required a 6' wall when approving his alcohol license. She said that as a result of fill dirt used in construction of the site, the wall is much lower than it was intended to be. Mr. Fredenberg replied that his customers did not stay at the location but took their product with them. Mr. Johnson stated that the problem with high school children gathering coincided with the opening of the Juice and Java business. Mrs. Johnson added that the gas station owner would not allow his employees to park on his property and so they parked on the street or in the Mobile Home Park. Mr. Fredenberg stated that he was the business who would not allow his employees to park on the property and he would assure the Johnson's that he would instruct his employees not to park on their property. With no further comments from the audience, Chairperson Keen closed the public hearing. 1 1 1 Arroyo Grande Planning Commission Page 10 November 7, 1995 Commissioner Tappan stated that it was his understanding that tonight's discussion was regarding the sign and not the possible lack of compliance with original conditions of approval for the Conditional Use Permit. He also inquired if the pennants were a part of the sign request. Current Planner Spierling stated that they were not and actually they were illegal and would have to be removed. Commissioners Beck and Lubin had no additional comments. Commissioner Deviny asked about adding verbiage speaking directly to the removal of banners in the Resolution. He inquired of staff what would be the correct forum for the neighbors to voice their concerns. Community Development Director Liberto -Blank replied that they should contact the City Manager's office to discuss their concerns. Commissioner Soto indicated it is his feeling that a second business in this location increases the safety factor. The additional employees and customers will make the location more secure. He would also like to see the City Manager address the Johnson's concerns. Chairperson Keen agreed that the City Manager should be advised of the Johnson's concerns and address them appropriately. In regard to the application for signage, he states that the aggregate area of the signs was not near what other stations have and he was comfortable with that, he also noted that the sublease was changing the scope of the business not increasing the size. After discussion by the Commissioners, the following action was taken: RESOLUTION NO. 95 -1533 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING VARIANCE CASE NO. 94 -186, AMENDMENT #2 FOR SIGN DEVIATIONS, APPLIED ' FOR BY JIM FREDENBERG, AT 525 TRAFFIC WAY On a motion by Commissioners Lubin, seconded by Commissioner Beck, and by the following roll call, to wit: AYES: Commissioners Lubin, Beck, Soto, Deviny, Tappan, and Keen NOES: None ABSENT: Commissioner Carr The foregoing Resolution was passed and adopted this 7th day of November 1995. After discussion by the Commissioners, the following action was taken: RESOLUTION NO. 95 -1534 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO. 94 -114A, AMENDMENT #2, APPLIED FOR BY JIM FREDENBERG, AT 525 TRAFFIC WAY Arroyo Grande Planning Commission Page 11 November 7, 1995 Motion to approve the Resolution with the addition of Community Development condition #8: "Prior to installation of the new signs all banners, flags, signs of a temporary or miscellaneous character, not conforming to the planned sign program shall be removed." On a motion by Commissioners Lubin, seconded by Commissioner Beck, and by the following roll call, to wit: AYES: Commissioners Lubin, Beck, Soto, Deviny, Tappan, and Keen NOES: None ABSENT: Commissioner Carr The foregoing Resolution was passed and adopted this 7th day of November 1995. Planning Staff apprised the public of the appeal period on this project. NON - PUBLIC HEARING - REQUEST FOR INTERPRETATION FOR WATCHMAN'S QUARTERS TO BE PERMITTED IN GENERAL COMMERCIAL ZONE AT 1070 GRAND AVENUE, APPLICANT ZION RECORDING STUDIOS. Current Planner Spierling presented the staff report. The applicant would like to place a trailer on the site for on -site security. This is not a use that is allowed in the Development Code in a General Commercial Zone but as an accessory use in the Industrial Zone with a Conditional Use Permit (CUP). The Planning Commission may determine that the use "is similar to and no more objectional to other uses in the GC Zone." If this is the determination of the Planning Commission then the applicant could submit an application for a CUP which would then be evaluated for consistency with other City codes. Staff is concerned with long term use of the trailer. There are two options presented to the Planning Commission: 1) the use is not permitted in the zone, or 2) the use is permitted subject to approval of a CUP. Commissioner Lubin inquired if there were any precedent for this type of use. There was discussion of existing on -site security quarters within the City. Chairperson Keen requested the applicant to address the Planning Commission. John R. Woodard, Zion Records Sales Representative /Security Manager, stated that they were making the request based on the unique location of their business. He stated that they want to utilize the private side yard of the property which was used as a residence in the past, not the rear of the lot. Mr. Woodard emphasized the security problems that he has encountered and the recent thefts that have occurred. He stated that they have attempted to improve the appearance of the property and invested heavily in equipment, they are unable to put up fencing. He stated their request is for a trailer since the hook -ups are in place. Commissioner Lubin inquired if an employee would be hired to handle this task or if this would be Mr. Woodard's residence? Mr. Woodard stated he would be the person on -site to handle security. Commissioner Soto asked what size trailer was being considered? Mr. Woodard responded that it would be a small trailer, under 20'. He stated that the side yard has the facilities in place and that is the area they want to use. He said that it is not visible from Grand Avenue. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 12 November 7, 1995 Commissioner Deviny stated that he has mixed emotions regarding this use. He can understand the security concerns but in other instances the structures are permanent and not temporary. Commissioners Soto and Tappan expressed concern with allowing a temporary structure. There was discussion of allowing a permanent use of a temporary facility. Mr. Woodard stated that there is an extra room in the facility and he would like to ask if that could be utilized. Current Planner Spierling stated that the Resolution before the Planning Commission allows flexibility and if the Planning Commission approves the interpretation, Mr. Woodard could then apply for Watchman's Quarters in either the trailer or the permanent room. The Planning Commission could specify in the Resolution that they would consider this type of use in "a permanent structure" with an approved CUP. Commissioner Beck stated that she felt it would be a reasonable solution to the problem. However, Mr. Woodard would have to come back with plans and go through the entire process for approval. Mr. Woodard asked about the fees and process. Staff explained the cost and the other requirements of a Public Hearing for a CUP. Chairperson Keen expressed the concerns of the Planning Commission regarding the placement of a trailer on the site. He stated that the Planning Commission understands the security concerns. Commissioner Lubin expressed strong concerns with allowing on -site residential use in the General Commercial Zone. There was discussion with staff on how to correctly word the Resolution; the need for a definition of Watchman's Quarters; the fact that each CUP would be individually reviewed on its own merit; previous approvals; and existing similar uses within the City. After Commission discussion, the following action was taken: Motion to revise the Resolution to include: RESOLUTION NO. 95 -1535 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE PROVIDING AN INTERPRETATION OF THE DEVELOPMENT CODE THAT A WATCHMAN'S QUARTERS IS A PERMITTED ACCESSORY USE, SUBJECT TO ISSUANCE OF A CONDITIONAL USE PERMIT IN THE GENERAL COMMERCIAL (GC) ZONE 1) in the title - ". . watchman's quarters in a pennanent structure is a permitted use. . "; 2) in item #1 - ". . watchman's quarters in a permanent structure is similar. . "; 3) in paragraph Now Therefore, - ". . watchman's quarters in a permanent structure is permitted. "• On a motion by Commissioners Tappan, seconded by Commissioner Soto, and by the following roll call, to wit: Arroyo Grande Planning Commission Page 13 November 7, 1995 AYES: Commissioners Tappan, Soto, Beck, Deviny, and Keen NOES: Commissioner Lubin ABSENT: Commissioner Carr The foregoing Resolution was passed and adopted this 7th day of November 1995. The applicant requested a letter explaining the interpretation. Staff stated they would send him a letter. PLANNING COMMISSION ITEMS AND COMMENTS Commissioner Soto excused himself from this item and left the Council chambers, after stating that he would be able to attend the December 1 Planning Commissioner's Workshop. A. Substantial Conformance Determination - Conditional Use Permit Case No. 94 -517, at 291 and 295 Spruce Street (applied for by Kevin Hunstad) Current Planner Spierling presented the staff report. The Conditional Use Permit and associated Parcel Map for the project allowed construction of four single family homes. The first two homes are completed and occupied. When the applicant requested final approval on the third and fourth homes, there were several field changes noted and staff is asking the Planning Commission to review them and make a Substantial Conformance Determination. The changes are listed below: 1) The house colors for 291 Spruce do not match the approved colors. Current Planner Spierling presented the original color board for Planning Commission review. He advised that the Architectural Advisory Committee reviewed the project on November 6, 1995 and it is their opinion that the new color is an improvement and they recommend approval of a substantial conformance determination. 2) The side yard fence for 295 Spruce Street had been moved to increase the size of the backyard. Current Planner Spierling used the approved plans to show that the fence along Ash Street had been moved toward the sidewalk and caused visual discontinuity with other projects in the vicinity. Staff is sympathetic with the concept of increasing the rear yard, however recommends this change be found not in substantial conformance. 3) The walkway from the front door of 295 Spruce Street to Ash Street has been eliminated. As shown on the Figures 1 and 2, a walkway has been eliminated and combined with the driveway. Staff has reviewed this and feels that the change is not significant and can be found in substantial conformance. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 14 November 7, 1995 4) The driveway for 295 Spruce Street has been relocated. The original plans incorrectly identified the placement of a redwood tree on the site and swept the driveway to the north. When the site was actually viewed, the tree was closer to the north property line and it required the driveway being moved to the south. Public Works Department has reviewed this change and found no problem. Staff feels that the change is not significant and can be found in substantial conformance. 5) Two landscaping changes have occurred at 291 Spruce Street, more lawn was planted under the Oak tree and no gravel or decomposed granite was placed under the trees. These changes have been reviewed by the Parks and Recreation Director and it is recommended that they be found in substantial conformance. Current Planner Spierling recommends that the Planning Commission make the determination of substantial conformance as suggested in the staff report for four of the items and in the case of the side yard fence of it not being in substantial conformance. Staff requests that the Planning Commission allow the applicant to address them regarding this issue. Kevin Hunstad, applicant discussed his minor. He said that he would like to keep sold as it is. He measured the fence and it like to suggest that landscaping be added positive comments regarding the project. feeling that all of the changes made were the bigger back yard as the house had been is actually 23 -1/2 inches back and he would to improve the corner. He has had many The Commission discussed "changes in field" that are made by contractors; location o rear yard tree; City departments that were notified of changes; potential landscapin concerns; and aesthetics of fence placement. On a motion by Commissioner Tappan, seconded by Commissioner Deviny and unanimously carried it was determined that items 1, 3, 4 and 5 are in substantial conformance. g On a motion by Commissioner Tappan, seconded by Commissioner Deviny and unanimously carried that item 2, with the modification that landscaping with appropriate drip system along the fence line as approved by staff, will be in substantial conformance. B. December 1, 1995 Planning Commission Workshop (San Luis Obispo) Community Development Director Liberto - Blanck reminded the Planning Commission of the need to make reservations for this Workshop. C. Update of Projects: - The City Council will consider the following at their meeting of November 14; a first reading of the Adult Business Ordinance; The Economic Opportunities Studies should be available for review; the second reading of the Trip Reduction Ordinance; and the discussion of the McHaney pre - application. f Arroyo Grande Planning Commission Page 15 November 7, 1995 ATTEST: - City departments are working on the preparation of Standard Conditions of approval to be utilized in project approvals. WRITTEN COMMUNICATIONS 1. Agenda Item No II.A - Revised Resolution for Conditional Use Permit Case No. 95 -538; DARE Enterprises, Inc at 1147 Grand Avenue 2. Agenda Item No. II.B - Revised Resolution for Tentative Parcel Map Case No. 95 -526; Mark Vasquez (Norma Wilson) at 1075 Farroll Avenue 3. Agenda Item No. II.B - Letter from Mark Vasquez for Waiver of Condition No. 17; Underground utilities for Tentative Parcel Map Case No. 95 -526; Mark Vasquez (Norma Wilson) at 1075 Farroll Avenue 4. Planning Commission Meetings Tentative Schedule form (to be filled out by Commissioners) 5. Letter regarding St. John's Lutheran Church - D950067D ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Deviny, seconded by Commissioner Beck, and unanimously carried, the meeting was adjourned at 10:50 P.M. to the next regular meeting on November 21, 1995. ci le Breese, Commission Clerk Joh een, Chai s s n S TO CONTENT: Doreen iberto- Blanck Community ity Development Director