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PC Minutes 1994-11-151 1 1 ARROYO GRANDE PLANNING COMMISSION NOVEMBER 15, 1994 The Arroyo Grande Planning Commission met in regular session with Chairperson Keen presiding. Present are Commissioners Tappan, Soto, Carr, and Deviny. Absent is Commissioner Hatchett. Planning Director Doreen Liberto - Blanck and Current Planner Scott Spierling are in attendance. APPROVAL OF MINUTES On a motion by Commissioner Carr, seconded by Commissioner Soto, and unanimously carried, the minutes of November 1, 1994 were approved with minor corrections. ORAL COMMUNICATIONS - None Commissioner Soto stepped down from the dais, indicating that he had a conflict of interest on the first and last items and would therefore like to be excused for the remainder of the meeting. PUBLIC HEARING - TENTATIVE TRACT NO. 2160 AND CONDITIONAL USE PERMIT CASE NO. 94 -526 (P.U.D. PERMIT) AND ASSOCIATED ARCHITECTURAL REVIEW AT 305 ALDER STREET, APPLICANT IS M.I.C.O. INC. Current Planner Spierling pointed out pertinent information to the Commissioners on this item using the overhead projector, referring to posted blueprints, and providing a color and material board for their perusal. Current Planner Spierling stated that the Architectural Advisory Committee had reviewed this project in May as a preapplication and again in October as a formal application and, based on these reviews, recommended approval of this project. He .ended by advising them that there were two resolutions to be considered. Chairperson Keen opened the public hearing. Kevin Hunstad, applicant, said that the project was proposed as Current Planner Spierling stated, and that he was there to answer any questions from the Commission. When Chairperson Keen asked regarding the pricing of the homes, Mr. Hunstad responded that he estimated $180,000's or $190,000's. John Soto, 312 Alder, Arroyo Grande, discussed some of his concerns; such as, off - street parking; density because of the proposed three bedrooms per unit; the numerous deviations from single family standards such as yard widths, setbacks, and so forth; excessive number of trash cans on Alder Street; and that this P.U.D. did not create mixed land uses nor more open space. Mr. Soto concluded by stating that the current MF zoning appears to be a more appropriate use as currently authorized, resulting in less neighborhood impact than the substandard single family residential project being proposed. Finny Smith stated that he was representing his mother, Mary Jane Srnith, who lives at 1030 Ash Street, and they were opposed to the project. He stated that some of their concerns were the same as Mr. Soto's. Mr. Srnith said his concerns included increased traffic, parking, increased noise, lowering of lifestyle of the present residents, possible lowering of property values, removal of oak trees and if they were removed legally, and setting a precedent. Kevin Hunstad returned to the podium responding to public comments stating he felt they have complied with parking requirements; three bedrooms are in demand by the public; the deviation from single family residential standards will afford a much better quality of units than would condominiums; any development will produce more people and thus more noise; property values should actually increase rather than decrease, and that they did have a permit for the oak trees they removed. Arroyo Grande Planning Commission Page 2 November 15, 1994 The Commission and Mr. Hunstad then discussed the pros and cons of a dumpster versus individual trash cans. Mr. Hunstad stated that the CC &R's for the project would stipulate that the residents use a single, large wheeled trash can as opposed to numerous small cans. Mr. Smith stated from the audience that though the parking proposed was legal, he felt it still would be a problem. With no further comments from the audience, Chairperson Keen closed the public hearing. Commissioner Tappan pointed out that he did not see Condition #23 or the ten foot easement reflected on the plans to which Current Planner Spierling responded that it would be on the final construction documents, and that all conditions were not always noted in the plans. Commissioner Tappan also mentioned Condition #33 inquiring where grasscrete pavers had previously been placed and Current Planner Spierling said that on the last project it was left to the discretion of the Director of Parks and Recreation. Commissioner Carr asked Current Planner Spierling if he would apprise him of previous P.U.D.'s approved with relation to density, parking, and so forth in comparison to the project now being presented. Current Planner Spierling gave a short review of these to the Commission, which indicated similar situations. Commissioner Carr then stated that regardless of the kind of development, additional noise would occur. He ended by stating he supported this project, but encouraged a single, large trash container. Commissioner Deviny was also in support of the project, but indicated concern about the trash. Chairperson Keen said he agreed with Commissioner Carr that this type of project is a tnuch better project than having several townhouses or apartments and that the traffic and noise will be less with this kind of project. After further discussion by the Commissioners on this item, the following action was taken: RESOLUTION NO. 94 -1490 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP NO. 2160, LOCATED AT 305 ALDER STREET, APPLIED FOR BY M.I.C.O. INC.; ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES; AND INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION On notion by Commissioner Deviny, seconded by Commissioner Carr, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Carr, Deviny and Chairperson Keen NOES: None ABSENT: Commissioners Soto and Hatchett the foregoing Resolution was passed and adopted this 15th day of November 1994. 1 1 1 1 1 Arroyo Grande Planning Commission Page 3 November 15, 1994 Then the following action was taken: RESOLUTION NO. 94 -1491 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT (P.U.D. PERMIT) CASE NO. 94 -526 AND THE ASSOCIATED ARCHITECTURAL REVIEW, TO CREATE A SEVEN -UNIT PLANNED UNIT DEVELOPMENT, APPLIED FOR BY M.I.C.O., INC. AT 305 ALDER STREET; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION On motion by Commissioner Tappan, seconded by Commissioner Carr, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Carr, Deviny and Chairperson Keen NOES: None ABSENT: Commissioner Soto and Hatchett the foregoing Resolution was passed and adopted this 15th day of November 1994. Planning Staff apprised the public of the appeal period for this project. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 94-529 TO CONSTRUCT AN IN-DOOR SWIMMING POOL AND RELATED FACILITIES FOR FIVE CITIES SWIM CLUB AT 425 TRAFFIC WAY, APPLICANT IS JEFF PURCHIN Current Planner Spierling, using the overhead projector and providing the Commissioners with a color chart, presented this item to the Commission. Current Planner Spierling advised the Commission that the main consideration on this project was the parking requirements, giving them a synopsis of Staff's investigation and findings. He then stated that approval of this project was recommended by the Architectural Advisory Committee and the Staff Advisory Committee. Current Planner Spierling then apprised the Commission that Public Works Condition #30 should be modified to read: Design and installation of curb, gutter and sidewalk shall conform to the design plans prepared by Omni -Means or as approved by the Director of Public Works. Mr. Spierling stated that the reason for this is that the plans prepared by Omni -Means call for moving the curb and gutter out two feet, thus decreasing the width of the roadway and that the Acting Public Works Director does not feel it is necessary or wise on a project such as this where there are existing curbs, gutters and sidewalks. Therefore, he continued, the Acting Public Works Director would be reviewing the road design to be sure it conforms with today's standards. Chairperson Keen opened the public hearing. Tony Orefice of RMO Architects, representing the applicant, stated he was there to answer any questions on this project. He then referred to the resolution, stating that the address listed needs to be corrected to read 425 Traffic Way, rather than 525 Traffic Way. Mr. Orefice said they hoped that Finding #6 was acceptable in that 24 spaces were acceptable on this project. He ended by stating that he was unclear as to what Condition #10 regarding the water really meant and would like it clarified. Staff responded that Mr. Orefice will be working with the Director of Public Works to develop a program that will offset any projected water usage beyond historic levels. Arroyo Grande Planning Commission Page 4 November 15, 1994 Jeff Purchin, applicant, then spoke about the proposed operation of the business. Commissioners asked various questions including concerns about parking and available bicycle racks, and a review of the parking situation in six months was suggested. Priscilla Alquist, 246 Margo Way, Pismo Beach, spoke in favor of the project. She stated that her daughter has been swimming at this swim club for a year and a half and she has never noted any parking problem. Tony Orefice then spoke in response to a concern of the Commission about the future usage of the site. Commissioner Carr responded that his main concern was if it became a public pool. Current Planner Spierling suggested that the resolution could reflect this limitation. Kevin Hunstad spoke in favor of the project adding that he did not feel the parking was an issue. Jerry Bowser of 407 Traffic Way also spoke in favor of this project. He had been concerned if any swim meets would be held at this site and Mr. Purchin stated they would not. With no further comments from the audience, Chairperson Keen closed the public hearing. During the discussion by the Commissioners, Commissioner Carr again raised a concern about a limitation of the pool not being public. Commissioner Deviny suggested changing the title and Staff concurred. The fifth line of the title of the resolution was changed to read: "Construction of a Private Indoor Swimming Pool ", rather than "an Indoor Swimming Pool ". The Commissioners also concurred on a review of the parking and Planning Director Liberto- Blanck suggested a condition, "One year after the issuance of a Certificate of Occupancy, this Conditional Use Permit shall be reviewed at a non - public hearing by the Planning Commission for adequacy of parking." Then the Commission expressed concern that the traffic impact fees were not yet calculated and were, in fact, not available at this time. Planning Director Liberto - Blanck stated this was discussed in the staff report, but could be included in the resolution. Commissioner Tappan noted Fire Chief Kurt Latipow in the audience and spoke his concern about why the impact fees for the Fire Department were more than for a residence. The Fire Chief responded with reasons why commercial fees were higher than residential. Chairperson Keen ended the discussion by stating he felt the project was a good one. Though the 24 parking spaces were sufficient for the present use, he urged that more bike racks be provided. The following action was then taken including: Change in the title of the resolution to include the word "private" as previously stated. Add condition 2a, "One year after issuance of Certificate of Occupancy, this Conditional Use Permit shall be reviewed at a non - public hearing by the Planning Commission for adequacy of parking." Modify Mitigation Measure #7 by adding, "Said fee may be appealed to City Council under the provisions of Municipal Code Section 3- 2.505, once said fee has been determined." 1 1 1 Arroyo Grande Planning Commission Page 5 November 15, 1994 In Mitigation Measure #10, the Monitoring Department should be Public Works rather than Building Department. "Design and installation of curb, gutter and sidewalk shall conform to the design plans prepared by Omni -Means or as approved by the Director of Public Works." RESOLUTION NO. 94 -1492 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 94 -529 AND THE ASSOCIATED ARCHITECTURAL REVIEW, FOR CONSTRUCTION OF A PRIVATE INDOOR SWIMMING POOL AND RELATED FACILITIES FOR FIVE CITIES SWIM CLUB AT 425 TRAFFIC WAY, APPLIED FOR BY JEFF PURCHIN; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION On motion by Commissioner Tappan, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Carr, Deviny and Chairperson Keen NOES: None ABSENT: Commissioners Soto and Hatchett the foregoing Resolution was passed and adopted this 15th day of November 1994. Planning Staff apprised the public of the appeal period on this project. CONDITIONAL USE PERMIT CASE NO. 94-527 TO ALLOW LOPEZ CONTINUATION HIGH SCHOOL TO OPERATE SPECIAL START PROGRAM WHICH ADDRESSES THE NEEDS OF TEENAGE ACADEMIC AND PARENTING PROGRAM (TAP PROGRAM) AT 227 BRIDGE, STREET, APPLICANT IS LUCIA MAR UNIFIED SCHOOL DISTRICT Planning Director Liberto - Blanck presented this item to the Planning Commission, giving a review of previous uses of this property. Ms. Liberto - Blanck stated that the present Conditional Use Permit was effective until August 18, 1996 and the Lucia Mar School District was now requesting an amendment to that Conditional Use Permit to allow their TAP program at this facility. Planning Director Liberto - Blanck then gave details of the proposed usage. She informed them that if this amendment is approved, it also would expire on August 18, 1996. Planning Director Liberto - Blanck ended her presentation by stating that the Staff Advisory Committee recommended approval of this resolution. Chairperson Keen opened the public hearing. Scott Lathrop, Assistant Superintendent of Business for Lucia Mar Unified School District, stated that they were in agreement with the report except for a condition in the Public Works Department section, namely conditions #17 and #18, giving reasons for their objection, including excessive cost and that the condition of the street warranted repair, which would preclude any curb, gutter and /or sidewalk preceding such repair. Mr. Lathrop ended his presentation by expressing appreciation for the cooperation of the Staff and stated he was there to answer any questions. Arroyo Grande Planning Commission Page 6 November 15, 1994 Commissioner Tappan said he recalled that on the original Conditional Use Permit these conditions were waived. The Commissioners were in agreement that if the present sidewalks were in disrepair, it needed to be taken care of to be made safe. Mr. Lathrop responded that he would hesitate to agree unless the road abandonment and realignment would first take place. Mr. Lathrop ended by saying if these conditions remained he would request a bond to cover the cost. Bill Hart stated that his wife had a medical practice at 207 Bridge Street, which is located next door to Lopez Continuation School. He spoke in opposition, stating that it was already problematic without adding more potential problems. Mr. Hart stated that these difficulties were reported to the principal, who was cooperative, but the problems still existed. Some of these, he mentioned, were: excessive noise including music from students' boom boxes, the inappropriate manner with which the students drove their cars, and their conduct, all of which were disturbing to the patients. He ended by stating he did not feel this type of usage was appropriate at this site, and was very concerned it would remain there beyond the original three year period. Chairperson Keen mentioned that the Planning Commission has had two reviews of the Conditional Use Permit for Lopez Continuation School and he did not recall any neighborhood concerns. Planning Director Liberto - Blanck said the only concern that was brought to their attention in June 1994 was from the Parks and Recreation Director and that he has been working with the City's Police Department to resolve some of the issues of vandalism and loitering in the creek area. She went on to say that the Director of Parks and Recreation recently advised her that the problems seemed to be resolved. Mr. Hart then stated that the noise and other concerns continue, to which Chairperson Keen responded that the Planning Commission wanted that kind of input at these reviews. Norine Fisher, owner of a business at 203 Bridge Street, read a letter she had prepared, dated November 15, 1994 providing copies for the Commissioners and Staff. She stated she was not the property owner, so received no notice when the original Conditional Use Permit was granted and said she did not feel the school should be allowed in that area. Some of the concerns she mentioned were fights which required Police Department attention; increase in traffic; excessive speed of student drivers; inappropriate behavior of the students; and a possible road abandonment. Ms. Fisher also spoke of her concern that this three year agreement would be extended. Chairperson Keen pointed out that the Planning Commission was hearing the proposed amendment to the Conditional Use Permit and other concerns were not an issue at this tine. Ramona Teichert, residing at 203 -1/2 Bridge Street, began by stating she did not receive a notice to the previous meeting the Commission had referred to. Ms. Teichert also expressed concern that the term of Lopez Continuation School at this site would go beyond the three years. She further stated that the neighbors were told it would just be rented and suddenly the School District owned it. Ms. Teichert ended by stating she does not feel safe anymore and the present usage is inappropriate for the area. Tricia Hire, a homeowner at 205 Short Street and employed at 207 Bridge Street, began by stating her concern that the intent of the applicant is to go further than the original agreement of three years. Her other concern was for the patients who feel intimidated by the students loitering in front of their office, stating the school is not appropriate at that location. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 7 November 15, 1994 Robert Cleath, 535 Stagecoach Road, said he sought rejection of the proposed amendment, stating that the application on its face was defective; that the Conditional Use Permit amendment was an intentional attempt to circumvent State building safety codes; that it fails to meet the provisions of education codes for a exemption of such codes; and that it is a bad planning decision that is detrimental to the people of Arroyo Grande. Mr. Cleath went on to explain each of these items in more detail. He also pointed out various items that were of concern, among which was safety of the building. Kurt Latipow, Director of Building and Fire then discussed various items of concern such as a seismic survey which he stated was not required. The halls and stairways, he said, was not a safety issue as much as they are an American Disabilities Act issue. He also commented regarding sprinkler systems and building code requirements, ending by stating the requirements that were made in the Conditional Use Permit that was issued to Lopez Continuation High School were met. Chief Latipow then explained reasons that the TAP Program was an acceptable amendment to this present Conditional Use Permit. Robert Cleath then questioned why the TAP Program should not be moved from its present location into what he considered an unsafe building and mixing of the girls in the program with the present students. Scott Lathrop then addressed issues raised such as noise level, building safety, property ownership and reasons for it, and benefits of moving the TAP Program to this location. The Planning Commission at length queried Mr. Lathrop regarding many of the concerns presented and other concerns they had. When Chairperson Keen spoke of concern regarding the difficulties the public had expressed, Mr. Lathrop stated he would like the public to be given notification of the next review so they would have an opportunity to respond. When Chairperson Keen indicated the last review had been very recent, Planning Director Liberto - Blanck suggested a six month review be placed as a condition to which Mr. Lathrop agreed. Commissioner Deviny then requested that the notice be mailed to the addressees, as well as to the property owners. Norine Fisher then spoke again saying she felt there was not a good communications with the School Board, the school and the public, and felt there was a lack of concern by the School District regarding her complaints. Mr. Lathrop then gave the following information for the public to contact the School District: 602 Orchard, Arroyo Grande 93420, Telephone 473 -4300; Harvey White, Administrator at Lopez. With no further comments from the audience, Chairperson Keen closed the public hearing. Commissioner Carr stated that he was concerned no one spoke for this amendment other than the School District, but that several were opposed. He went on to say that he could see the inappropriateness of the school at that location, though he emphasized his support of these programs. However, Mr. Carr stated, in agreement with Commissioner Deviny, that in August of 1996, if there were still concerns, he would not support an extension. He urged the school board to strongly reconsider mixing the ladies in the TAP program with those in the continuation program. Commissioner Carr ended by stating he would desire a six month review and that condition #17 remain as stated. Arroyo Grande Planning Commission Page 8 November 15, 1994 . Commissioner Tappan expressed his approval of the programs of the continuation school and the TAP program, but further stated that when the Planning Commission originally voted on this Conditional Use Permit it was to be only a temporary situation. He also stated he did not feel he could vote for an extension beyond August 18, 1996. Commissioner Deviny said that he would require that conditions #17 and #18 remain, as they are both safety issues, and that if there is no intent to comply with them, it should be so stated by the applicant. He also expressed concern over the seismic study to which Planning Director Liberto - Blanck pointed out it was covered by condition #14. Mr. Lathrop said they would assure this condition is met before they submitted the plan. Chairperson Keen stated he felt the TAP program belonged at the continuation school, but whether or not the site was appropriate was in question. He ended by saying that he agreed with the other members that the continuation of these programs at the present site after August 1996 was questionable. Because of the consensus of the Commissioners that there would be a review in six months, Planning Director Liberto - Blanck suggested the following: Condition #5a: "Six months after the issuance of the Conditional Use Permit or June 1995, whichever is sooner, Lopez Continuation School and TAP shall be reviewed by the Planning Commission for noise, loitering, crime, trash and other neighborhood concerns. A public hearing shall be required and the applicant shall submit funds to cover the costs of the public hearing. The applicant shall also submit a current mailing list of property owners and local addresses that are within 300 feet of the school site." Mr. Cleath then spoke up from the audience cautioning the Commissioners to be sure they were legally complying with the code. The following action was taken to include Condition #5a regarding the public hearing as presented by Planning Director Liberto - Blanck and to include all items as written, specifically #17 and #18: RESOLUTION NO. 94 -1493 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 94 -527, TO ALLOW LOPEZ CONTINUATION IIIGH SCHOOL TO OPERATE A SPECIAL START PROGRAM WHICH ADDRESSES THE NEEDS OF TEENAGE ACADEMIC AND PARENTING PROGRAM (TAP) AT 227 BRIDGE STREET, APPLIED FOR BY LUCIA MAR UNIFIED SCHOOL DISTRICT; ADOPTION OF A NEGATIVE DECLARATION AND INSTRUCTION THAT TIIE SECRETARY FILE A NOTICE OF DETERMINATION On motion by Commissioner Deviny, seconded by Commissioner Tappan, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Carr, Deviny and Chairperson Keen NOES: None ABSENT: Commissioners Soto and Hatchett the foregoing Resolution was passed and adopted this 15th day of November 1994. Planning Staff apprised the public of the appeal period on this project. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 9 November 15, 1994 NON - PUBLIC HEARING - REQUEST FOR INTERPRETATION OF RETAIL SALES IN THE OFFICE PROFESSIONAL ZONE AT 143 SOUTH MASON STREET, APPLICANT IS STELLA LOPEZ Current Planner Spierling said that the applicant had submitted a letter stating the intended use of the property for retail sales and garden area within the Office Professional zone and therefore an interpretation would be required. Mr. Spierling advised the Commissioners that there were two resolutions in their packet; one stating a retail sales use is permitted and the other stating it is not. Although it was a non - public hearing, Chairperson Keen invited the applicant to speak. Stella Lopez, the applicant, clarified that her proposed herb garden would be a small garden and only to provide for the vinegars, which were made at another location. Commissioner Tappan felt this was an acceptable use, but that parking should be provided on the property. Commissioner Carr also stated it was a permitted use, however he was concerned with a possible need to combine the lots. Current Planner Spierling responded to this concern. Regarding the parking requirements, Mr. Spierling stated parking was based on square footage, which is one parking space per 250 square feet of gross floor area. Tony Orefice, owner of the property, gave his recommendation of approval. After a discussion by the Commissioners, the following action was taken: RESOLUTION NO. 94 -1494 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE PROVIDING AN INTERPRETATION OF THE DEVELOPMENT CODE THAT A RETAIL SALES BUSINESS IS A PERMITTED USE, AT 143 SOUTH MASON STREET, IN THE OFFICE PROFESSIONAL ZONE On motion by Commissioner Carr, seconded by Commissioner Tappan, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Carr, and Chairperson Keen NOES: Commissioner Deviny ABSENT: Commissioners Soto and Hatchett the foregoing Resolution was passed and adopted this 15th day of November 1994. Planning Staff apprised the public of the appeal period on this project. PLANNING COMMISSION ITEMS AND COMMENTS Planning Director Liberto - Blanck mentioned that the holiday vacation date of either December 20th or January 3rd needed to be discussed. It was the consensus that December 20th meeting would be canceled. Arroyo Grande Planning Commission Page 10 November 15, 1994 WRITTEN COMMUNICATIONS Chairperson Keen noted a handout given at this meeting was an article entitled "Toward a Longer View and Higher Duty for Local Planning Commissions ". ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Tappan, seconded by Commissioner Carr, and unanimously carried, the meeting was adjourned at 11:30 P.M. to the special meeting on November 29, 1994. ATTEST: Nancy Brow ommission Clerk Joh een, ChajzSerson 1 1 1