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PC Minutes 1995-10-171 1 1 ARROYO GRANDE PLANNING COMMISSION OCTOBER 17, 1995 The Arroyo Grande Planning Commission met in regular session with Chairperson Keen presiding. Present are Commissioners Soto, Carr, and Lubin. Commissioners Tappan, Deviny, and Beck are absent. Current Planner Scott Spierling and City Attorney Roger Lyon are in attendance. ORAL COMMUNICATIONS - None PUBLIC HEARING - CITY OF ARROYO GRANDE PROPOSAL TO AMEND TITLE 9 OF THE MUNICIPAL CODE TO ESTABLISH ADULT BUSINESS REGULATIONS Current Planner Spierling introduced City Attorney Roger Lyon who presented the staff report to the Commission. Mr. Lyon stated that there had been an urgency Ordinance in effect approximately two years ago while the issue was studied however, no Ordinance was adopted. Presently there is no Ordinance in place regulating Adult Businesses in the City. The City Council has directed that an Ordinance be prepared and considered. As drafted, the Ordinance contains the requirement for filing a Conditional Use Permit (CUP), which calls for specific, narrow findings of approval. Some cities do not require a CUP, but it is included because staff feels it provides a forum to present an application and be sure it fits the intent of the Ordinance. An exhibit map which outlines in yellow potential areas where the Adult Businesses would be allowed was introduced. Current Planner Spierling explained that the map was prepared by a volunteer to illustrate the distance requirements as outlined on page 7 of the draft Ordinance. Commissioner Carr questioned the rational of requiring a distance of 500 feet from a hotel and only 200 feet from residential property. Mr. Lyon replied that the distances were based on Ordinances that had been tested in Court and upheld. Mr. Lyon pointed out that the more the distance was increased and the number of parcels were limited where these uses could be sited, then the Ordinance becomes more vulnerable. He also stated that any of these distances could be modified. If the residential setbacks were increased in Arroyo Grande it could be more limiting than in other municipalities. Chairperson Keen opened the public hearing When no one came forward to speak, Chairperson Keen closed the public hearing. Chairperson Keen asked for Commissioner comments. Commissioner Carr felt that this was a very thorough presentation, but had some clarification questions. - Page 4 - "Adult Hotel or Motel ", does a hotel offering an X -rated movie in the room classify it as an Adult Entertainment Use? Mr. Lyon responded that his interpretation was when there was a predominate percentage of the use viewing X -rated movies, it would be classified as an Adult Business. He agreed that there might be a question and it could be clarified at the Council level, by stating if the use "were predominate ". Arroyo Grande Planning Commission Page 2 October 17, 1995 - Page 5 - "Public Parks and Public Facilities "" asked why Police and Fire Stations were included. Mr. Lyon replied that the definitions had been taken from cases litigated and upheld and could be removed if the Commission felt strongly about it. Commissioner Carr said if Mr. Lyon felt it was safe, he would agree to leave it in; he is concerned about challenge to the Ordinance. - Page 5 - "Specified Anatomical Areas" there is a typo in item 2, instead of "even of" it should read "even if ". - Page 8 - item 6 asks for a definition of "promotions". Mr. Lyon replied that it would be subject to interpretation if the specific event or promotion would "increase the demand for parking spaces" it would fall into this section. - Page 9 - item 16 questioned how "open to the manager" the viewing area must be. Mr. Lyon said if it were open to the manager that would suffice, the use of glass would comply with this requirement. - Page 11 - unnumbered paragraph, questions the use of the word "such" wonders if it is too vague. Mr. Lyon replied that as individual applications are reviewed, there would have to be a very solid case to revoke a permit. All terms of this Ordinance would have to be complied with as well as all other City Ordinances. - Section 5: The word "That" at the beginning of the sentence is unnecessary. Mr. Lyon agrees to have it removed. Commissioner Soto stated that it appears to be a very complete Ordinance. Commissioner Soto's concern is that of distance, he feels that the normal distancing requirement for noticing is 300 feet and suggests that it might be used in this Ordinance to determine minimum distance to residences. Mr. Lyon suggested that prior to being presented to Council he would research how 300 feet would affect the map and how other cities address this. Commissioner Soto would like to be sure that the Map is corrected to reflect what the Ordinance requires. There was an explanation about why the map is not proposed to be part of the Ordinance. The Ordinance can remain in place without amendment even if certain uses change, thus changing the map. The map should remain in the record to reflect the intent at the time the Ordinance is adopted. Commissioner Lubin felt the Ordinance was well written but had some concerns: - He asked about current video rental stores in the City. Mr. Lyon replied that in the definitions it was stated that if the inventory of adult material was less than 25% of the total inventory, the use would not be considered an adult business. - He expressed concerns about the age of the studies that were presented and the fact that they were from large urban areas. Mr. Lyon replied that there had been court decisions that it was not necessary for every city to conduct this type of study, it is very expensive. Much of the information provided has been gathered from the League of California Cities and not much exists regarding cities the size of Arroyo Grande. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 3 October 17, 1995 - He suggested that the Ordinance begins in a negative manner, though he agreed that there can be serious effects from this type of business, he feels that "air quality" could be removed. He asks if one adult business could affect a whole neighborhood though it is true that a concentration in a certain area could be a problem. There was discussion about the secondary effects that this type of business would create. Mr. Lyon stated that the findings as presented are written to be defensible of the Ordinance, if the Commission has a problem with any of them they can be addressed or modified. Chairperson Keen stated the Ordinance is well written and timely. There was discussion about the previous Adult Business Ordinance and why it was not acted upon by the City Council. After discussion by the Commissioners, the following action was taken: On a motion by Commissioner Carr, seconded by Commissioner Soto, it was recommended that the City Council approve the Negative Declaration and adopt the Ordinance of the City Council of the City of Arroyo Grande Amending Title 9 of the Municipal Code establishing regulations for Adult Business, including the clerical and substantive changes recommended. By the following roll call, to wit: AYES: Commissioners Carr, Soto, Lubin and Keen NOES: None ABSENT: Commissioners Beck, Deviny and Tappan NON - PUBLIC HEARING ITEM (Continued) - PRE- APPLICATION REVIEW FOR A GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT REZONE, AND TENTATIVE MAP TO SUBDIVIDE A 29 ACRE PARCEL INTO 42 LOTS Current Planner Spierling presented the staff report to the Commission. This item was presented to the Commission on October 3 and the staff report responds to some concerns that were expressed at that meeting. The draft minutes of the Traffic Commission meeting are included in the packet. The Traffic Commission discussed this project at their meeting October 16. There was a consensus at that meeting that the main street going through would be a benefit to the City, they indicated flexibility regarding street width but would appear to favor parking on one side, two travel lanes and a bike lane. Chairperson Keen stated that even though this was not a public hearing, the applicant might wish to address the Commission. Don Mcllaney, 140 Ruth Ann Way, Arroyo Grande - felt that staff had presented the main ideas. He said it is approximately a 30 acre parcel with 7 to 8 acres developed and the rest in open space. They are proposing to open the main road (extension of Grace Lane) and feel it would benefit the area by alleviating about 50% of the traffic off of Rodeo Drive. Rodeo Drive has become a main collector road even though it wasn't designed as such. He provided a copy of the CC &R's to staff and asked if the Commission had received a copy which said it would have to come back to the City for further subdivision. Current Planner Spierling replied that they had not been given a copy. Mr. McHaney did not attend the Traffic Commission meeting but his representatives Mr. Lloyd and Mr. Dawlett did. Arroyo Grande Planning Commission Page 4 October 17, 1995 Ilaytliem Dawlett, 531 Woodgreen Way, Nipomo, discussed some of the traffic concerns that were discussed by the Police Chief at the Traffic Commission meeting. He stated that he feels the road being developed will help the traffic in the area. Another concern of staff regarding the project was that the lots would be accessed from the Grace Lane extension. The lots have been reconfigured to load from the smaller street that goes through the subdivision. Mr. Dawlett stated that this would be only 40 homes which wouldn't create too much more impact but would help the existing situation. Current Planner Spierling asked to clarify some items. He referred to City Council minutes of April 14, 1987 which were included in the packet and addressed future re- subdivision of Lot 182. There were a number of ways that it could have been accomplished and those mechanisms are still being investigated. It appears that the intent of the City Council at the time the lot was created was not to further subdivide it. There was a brief discussion of Ordinance No 355.C.S., page 2, item 4 which prohibits future subdivision. Mr. McHaney said that he understood at the time it referred to the residential lots and not the large lots that were created. Current Planner Spierling stated that the lots loading from the local street was a major concern of all City departments and he was glad it had been addressed. Chairperson Keen stated that he was also glad to see that the houses would face an open space with the garages behind. There was a brief discussion of exactly how the lots would be accessed. Commissioner Lubin stated he would like to see the amount of concrete and paving kept to a minimum. He thanked staff for addressing the questions the Commission raised at the last meeting. He was concerned with small lots abutting the church property. Mr. McHaney stated that the church parking lot would be a buffer. Commissioner Soto would like additional information before providing more comment. He is concerned with the cut and fill required by the project. He is also concerned with Ordinance 355 CS, which may need to be amended before any further action can be taken or at least have the Environmental Impacts revisited. Mr. McHaney stated that at the time the Ordinance was adopted there was discussion of a senior care facility on this lot which would be an institutional use. Commissioner Soto expressed concern that Rancho Grande Park was developed based on only a certain number of residential units being contributed by this development. He is also concerned with the amount of traffic that will be generated. Mr. McHaney said they were attempting to find out if the Commission would prefer to see a single unit project or a residential development on this site. Commissioner Soto said the Commission is open to any type of proposal. Commissioner Carr recently walked the property and was amazed at the amount of grading that had already occurred. He has serious concerns if the property can handle the proposed development and would like to see a more creative approach with less lots. He would like to have more of a buffer than the parking lot between the church and the houses. He feels that the street should not be a collector street. He agrees that it is clearly stated in the Ordinance that it was not the intent to develop the property in this manner, but he would rather see a quality development than an institutional use. He agrees that the Ordinance needs to be amended. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 5 October 17, 1995 Chairperson Keen agrees that the Ordinance must be amended. He agrees with lot access as proposed by Mr. Dawlett. He discusses traffic counts from June and July that were provided to the Commission this evening. He doesn't feel that the extension of Grace Lane needs to be a collector, but that it would be a benefit to the area. Commissioner Soto asked for clarification that the area to the east of Grace Lane would remain in open space. Haythem Dawlett agreed that this was the intention. Mr. Dawlett told the Commission that this was a 2,700 foot length of road and would be an economic burden to a small development. Commissioner Carr pointed out that this was a part of Royal Oaks project as a whole not just a small portion. Mr. Dawlett stated that in his conversations with the neighbors, he felt they supported this type of project instead of a large institutional use. Commissioner Soto stated that he would like to see the design of the structures utilize a design that fits into the open space feel of the area. There was a discussion of the homes that have been built in the immediate area. Chairperson Keen stated that since the lots are accessed from the local street to the rear, even if they are more narrow, would provide an ample amount of visitor parking without driveways to interfere. There was discussion of grading, the existing "haul road" and erosion control. NON - PUBLIC HEARING - SUBSTANTIAL CONFORMANCE DETERMINATION FOR CONDITIONAL USE PERMIT (CUP)•CASE NO. 95 -536 Current Planner Spierling presented the staff report. The CUP was approved by the Planning Commission on July 5, 1995 for construction of a out- patient surgery center and a stand -by generator. There was a Condition of Approval that required additional information be provided to the Planning Director regarding the generator prior to issuance of a building permit. At the time of approval, natural gas was the proposed fuel for the generator. Soon after approval it was determined that this type of fuel is not allowed by State Codes. Another choice was propane gas however there were serious concerns voiced by the Police Chief and Fire Chief in response to this choice, as noted in the letters attached to the staff report. The applicant proposes to change to diesel fuel for reasons cited in a letter dated September 29, 1995 from the project architect, Rodney R. Levin. The applicant also requests, that the location of the generator be moved to the rear of the building. Staff supports these requests as being in substantial conformance with the intent of the initial CUP approval. Rodney Levin, Project Architect - requests approval for the two changes requested as discussed in his correspondence. Chairperson Keen asked if the enclosure is roofed or open. Mr. Levin stated that it was roofed. Arroyo Grande Planning Commission Page 6 October 17, 1995 Commissioner Carr asked about testing of the generator. Mr. Levin replied that it is tested on a regular basis, approximately every week or two and would be tested at the convenience of the community. The prevailing winds would be taken into account in setting the schedule for testing. There was discussion of the size of tank that is required. Commissioner Lubin asked why this item had to return to the Planning Commission when it seems to be such a logical step? There was Commission discussion of why the policy was set that certain items would be returned to the Commission. Chairperson Keen recalled that there had been quite a bit of discussion regarding the generator at the previous hearing and he is comfortable that the item was returned to the Commission for decision. Commissioner Soto stated that it was important to be aware that the State regulates this type of generator activity. It will be an issue at any time a future medical facility is proposed. After Commission discussion, the following action was taken: On a motion by Commissioner Soto, seconded by Commissioner Lubin, and unanimously carried it was determined that the findings of the Community Development Director are appropriate and this is an appropriate substitution and location for the generator. PLANNING COMMISSION ITEMS AND COMMENTS Current Planner Spierling noted the Memorandum contained in the packet from the Community Development Director. This is an Update on Department Budget; advises the Commission of the change of name for the department and lists existing responsibilities. A. Project Updates: - Dr. Limberg's project is in the framing stage; - 5 Cities Swim Club should have their final inspection this week; - Several PUD projects are in various stages of completion; - It appears that the City of Grover Beach will not file a lawsuit regarding the Vons Grocery Store project, therefore Vons will go forward with the project; and - Arroyo Grande and Grover Beach will receive funding from San Luis Obispo Council of Governments (SLOCOG) for the widening of Oak Park from the Vons project site to Brighton Avenue. B. December 1, 1995 Planning Commission Workshop (San Luis Obispo) - Current Planner Spierling asked if any of the Commissioners would attend the workshop? Commissioner Lubin indicated that he had an interest in the workshop and would notify staff if he was able to attend. Commissioners Soto, Carr and Chairperson Keen declined. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 7 October 17, 1995 WRITTEN COMMUNICATIONS Project Referral from San Luis Obispo County for Development Plan for St John's Lutheran Church, 1830 Farroll Road, Grover Beach, CA. After a discussion of Commission concerns regarding the project, the following action was taken: On motion by Commissioner Carr, seconded by Commissioner Soto, and unanimously carried, it was requested that staff prepare a letter to San Luis Obispo County identifying water, sewer, traffic and development of prime farm land as Commission concerns regarding this project. ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Deviny, seconded by Commissioner Soto, and unanimously carried, the meeting was adjourned at 9:35 P.M. to the next regular meeting on November 7, 1995. ATTEST: Luc' e Breese, Commission Clerk AS TO CONTENT: ,Asu, Doreen Li 4 rto-Blanck, Community Development Director Keen C1 erson Joh rp