PC Minutes 1994-05-03ARROYO GRANDE PLANNING COMMISSION
MAY 3, 1994
The Arroyo Grande Planning Commission met in regular session with Chairman Carr presiding.
Present are Commissioners Soto, Reilly, Deviny and Hatchett. Absent are Commissioners
Tappan and Keen. Planning Director Doreen Liberto - Blanck and Current Planner Scott Spierling
are in attendance.
APPROVAL OF MINUTES
On motion by Commissioner Soto, seconded by Commissioner Hatchett and unanimously
carried, the minutes of the regular meeting of April 5, 1994 were approved.
ORAL COMMUNICATIONS - None
PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 94 -518, 900 WEST
BRANCH STREET, APPLICANT IS ST. PATRICK'S SCHOOL
Commissioners Reilly and Deviny advised Chairman Carr they would have to step down as there
would be potential conflicts of interest. As there would not be a quorum, the item was
automatically continued until the next regular meeting of the Planning Commission on May 17,
1994.
PUBLIC HEARING - VARIANCE CASE NO. 94-183 AND PLANNED SIGN PROGRAM
CASE NO. 94 -113, APPLICANT IS LEVITZ FURNITURE CORPORATION
Current Planner Spierling gave a report on this project to the Commission, highlighting pertinent
information, using the overhead projector describing position of signs requested, colors, and
other pertinent information. Mr. Spierling stated that the Architectural Advisory Committee
and the Staff Advisory Committee recommended approval of both Resolutions.
Chairman Carr opened the public hearing.
Gary White, trustee of the property on the East side of Levitz, asked if the sign proposed had
considered the eventual development of his parcel. He stated that there were no development
plans for this property, but was concerned about potential conflicts between development and
the Levitz signs.
Robert Level, Don Cox Signs, Inc. and applicant's representative, responded they did not see
a potential problem, especially since there was a parking lot between Levitz and said property.
There being no further comments from the audience, Chairman Carr closed the public hearing.
Commissioner Hatchett expressed concern that it seemed new vendors seek variances from the
established sign code. Current Planner Spierling responded that on this item, the actual number
of signs would be less than the previous tenants. Further discussion was held by the
Commissioners; then the following action was taken:
Arroyo Grande Planning Commission Page 2
May 3, 1994
RESOLUTION NO. 94 -1467
A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING TIIE CITY COUNCIL GRANT
VARIANCE CASE NO. 94 -183, APPLIED FOR BY LEVITZ FURNITURE
CORPORATION, AT 1450 WEST BRANCII STREET
On motion by Commissioner Soto, seconded by Commissioner Deviny, and by the following roll
call vote, to wit:
AYES: Commissioners Soto, Reilly, Deviny and Chairman Carr
NOES: Commissioner Hatchett
ABSENT: Commissioners Tappan and Keen
the foregoing Resolution was passed and adopted this 3rd day of May 1994.
The following action was then taken:
RESOLUTION NO. 94 -1468
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE
PLANNED SIGN PROGRAM CASE NO. 94 -113, APPLIED FOR BY
LEVITZ FURNITURE CORPORATION, AT 1450 WEST BRANCH
STREET
On motion by Commissioner Soto, seconded by Commissioner Reilly, and by the following roll
call vote, to wit:
AYES: Commissioners Soto, Reilly, Deviny and Chairman Carr
NOES: Commissioner Hatchett
ABSENT: Commissioners Tappan and Keen
the foregoing Resolution was passed and adopted this 3rd day of May 1994.
PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 94-519 AT 1355 GRAND
AVENUE, APPLICANT IS ZRB TRUST
Current Planner Spierling presented the highlights of the staff report, showing the parking for
the present and proposed use, ending by stating approval was recommended.
Chairman Carr opened the public hearing.
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Arroyo Grande Planning Commission Page 3
May 3, 1994
Gary White, trustee representing the applicant, pointed out that the blueprint indicated there was
an office unit; however, he went on to say, it was all one building and perhaps this was why the
additional parking was needed. Current Planner Spierling responded that additional parking
would be necessary even excluding that assumed office space. Mr. White then pointed out the
date in item 2 under General Conditions of Conditions of Approval was May 3, 1994. Current
Planner Spierling answered that it should be May 3, 1996.
With no further cornments from the audience, Chairman Carr closed the public hearing.
After a discussion by the Commissioners, the following action was taken, correcting the date
under General Conditions of Conditions of Approval, Item 2, to May 3, 1996:
RESOLUTION NO. 94 -1469
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE
NO. 94 -519, AT 1355 GRAND AVENUE; APPLIED FOR BY ZRB TRUST;
ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION
MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A
NOTICE OF DETERMINATION
On motion by Commissioner Soto, seconded by Commissioner Deviny, and by the following roll
call vote, to wit:
AYES: Commissioners Soto, Reilly, Deviny, Hatchett and Chairman Carr
NOES: None
ABSENT: Commissioners Tappan and Keen
the foregoing Resolution was passed and adopted this 3rd day of May 1994.
NON - PUBLIC HEARING - INTERPRETATION OF SECTION 9- 15.050 OF THE
DEVELOPMENT CODE (UNDERGROUND INSTALLATION OF UTILITIES)
Planning Director Liberto - Blanck presented this item to the Commissioners, stating that there
have been questions from the public regarding the procedure of making exceptions to
underground installation of utilities. She referred to a letter from Westland Engineering
Company which had been hand delivered to the Commissioners. Ms. Liberto - Blanck explained
the two resolutions that were before the Commission.
Although this is a non - public hearing, Chairman Carr invited interested parties to speak on this
item.
Terry Orton of Westland Engineering Company stated that he felt the Development Code was
not ambiguous regarding this issue. He said the Development Code permits the City Engineer
and Planning Director to make exceptions to undergrounding utilities, even if there is a
condition. He further said he did not feel a resolution was the answer, but that a change in the
Development Code would be more appropriate, although he again reiterated that he felt it was
clear as written.
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May 3, 1994
Discussion was then held by the Commissioners at which time they queried Planning Director
Liberto- Blanck on various aspects. She related the information the City Attorney gave regarding
this issue. Commissioner Soto was concerned that after a decision was made at a public hearing,
it was not good policy to change it without apprising the public. The Commission continued to
discuss the issue, indicating that conditions of approval should not be changed by staff after they
were placed on a project during a public hearing.
Chairman Carr stated one of the resolutions needed to be adopted, and staff should modify the
Development Code to clearly outline the procedure.
After further discussion by the Commissioners, the following action was taken:
ATTEST:
RESOLUTION NO. 94 -1470
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE PROVIDING AN INTERPRETATION OF
DEVELOPMENT CODE SECTION 9- 15.050 REGARDING
UNDERGROUND INSTALLATION OF UTILITIES
On motion by Commissioner Deviny, seconded by Commissioner Reilly, and by the following
roll call vote, to wit:
AYES: Commissioners Soto, Reilly, Deviny, Hatchett and Chairman Carr
NOES: None
ABSENT: Commissioners Tappan and Keen
the foregoing Resolution was passed and adopted this 3rd day of May 1994.
PLANNING COMMISSION ITEMS AND COMMENTS
Regarding the joint City and County meeting, the next available date the County had open was
June 23, 1994. As only two of the City's Commissioners would be available on that date, Ms.
Liberto - Blanck said she would contact the County for the next available date, which may not be
until August.
WRITTEN COMMUNICATIONS - None
ADJOURNMENT
There being no further business before the Commission, on a motion by Commissioner Soto,
seconded by Commissioner Deviny, and unanimously carried, the meeting was adjourned at 8:50
P.M.
Nancy Brow ommission Clerk
Robert W. Carr, Chairman
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