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PC Minutes 1991-09-17320 Arroyo Grande Planning Commission September 17, 1991 The Arroyo Grande Planning Commission met in regular session with Chairman Gallagher presiding. Present are Commissioners Moore, Soto and Souza. Commissioners Carr and Brandy are absent. Current Planner Spierling is also in attendance. PUBLIC HEARING - REVIEW OF CONDITIONAL USE PERMIT CASE NO. 90 -480, MONTESSORI PRESCHOOL, 216 OAK STREET (JOYCE AND MICHAEL MILLER). Current Planner Spierling reviewed the staff report dated September 17, 1991. He reviewed that on January 15, 1991 the Planning Commission approved the project subject to 3 mitigation measures and 29 conditions of approval. One of the conditions required that the conditional use permit be reviewed on an annual basis for the first 2 years or as extended by the Planning Commission. Mr. Spierling advised that staff has received one citizen complaint about the project. The concern was that the majority of the parents used Oak Street to access the school from Grand Avenue. This requires the parents to drive through a residential neighborhood. He stated that staff is not aware of a way to prevent parents from using Oak Street. However, the Planning Commission . could require the applicant to distribute a quarterly flyer to the parents requesting that they avoid the use of Oak Street. Mr. Spierling stated that the Staff Advisory Committee recommends that the Planning Commission accept public testimony, and if no concerns are noted, the project be scheduled for the next review on July 7, 1992. Upon being assured by the Planning Commission Clerk that public hearing for review of Conditional Use Permit Case No. 90 -480 had been duly published and property owners notified, Chairman Gallagher declared the hearing open. Michael Miller, applicant, stated that the concept of the flyer to prevent parents from using Oak Street is acceptable, they could post a notice on their bulletin board, or they could include it in their newsletter. Hearing no further comments from the audience, Chairman Gallagher declared the hearing closed. After a brief discussion, on motion by Commissioner Moore, seconded by Commissioner Soto, and unanimously carried, Conditional Use Permit Case No. 90 -480 was scheduled again for review on July 7, 1992 with a condition implementing staff's recommendation that some type of notice be sent to parents to avoid using Oak Street for access to the preschool. PUBLIC HEARING - APPEAL OF PLANNING DIRECTOR'S DENIAL OF HOME OCCUPATION PERMIT NO. 91 -32 FOR A SATELLITE SERVICE BUSINESS, 903 FARROLL AVENUE (LARRY TRETT). Mr. Spierling reviewed the staff report dated September 17, 1991 regarding the subject project. He advised that after review of the application for the Home Occupation Permit it was learned that materials would be stored in the garage, which is a violation of the conditions for issuance of a Home Occupation Permit. Staff was also concerned with the scale of the business. The business was advertised in the "Yellow Pages" of the telephone book and the ad included sales of satellite systems as well as service. He further advised that staff conducted a drive by inspection of the residence and it was noted that a service vehicle with the name of the business was parked in the driveway, however, no other evidence of the business was seen. He read the section from the Development Code relative to the purpose and intent of a Home Occupation Permit, as follows: 'To allow for enterprises that are conducted within homes in residential districts, and that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. He advised that staff did not feel the scale of this use was "clearly incidental and secondary to the use of the dwelling unit ", and it appeared that this was a full scale business being operated in a residential district. It also appeared that this type of business may not be compatible with surrounding residential uses. Arroyo Grande Planning Commission, 9/17/91 Page 2- Mr. Spierling further advised that, after denying the HOP, staff learned from the City Manager's Office that a citizen complaint had been received about the business storing a satellite system in the driveway. However, it is not certain when the complaint was received, but it was apparently before the submittal of the application for a Home Occupation Permit. Staff recommends that the Planning Commission uphold the denial of the home occupation permit by minute motion with the findings listed in the staff report dated September 17, 1991. Upon being assured by the Planning Commission Clerk that public hearing on the appeal of denial of Home Occupation Permit Case No. 91 -32 had been duly published and property owners notified, Chairman Gallagher declared the hearing open. Larry Trett, applicant, spoke in favor of approval of the home occupation permit. He stated they do not have any customers coming to the residence or do any satellite related work there; all they are requesting is to do bookkeeping and take phone calls. As far as storing equipment is concerned, he stated he has recently obtained a storage yard where he can keep anything that needs to be stored. He also stated that their ad in the Yellow Pages does not list their address. The only equipment that will be at the residence is the work truck that he drives. Dishes will be assembled at the customer's residence. Hearing no further comments from the audience, Chairman Gallagher declared the hearing closed. Commissioner Soto stated he would like to have the applicant re -apply for the home occupation permit since there is quite a bit of difference between what the applicant originally applied for and what he is applying for now. After a brief discussion, on motion by Commis Soto, seconded by Commissioner Souza, and unanimously carried, appeal of Home Occupation Permit Case No. 91 -32 was continued to the next meeting of October 1, 1991 NON - PUBLIC HEARING - AMENDED ARCHITECTURAL REVIEW CASE NO. 89 -440, 354 SO. HALCYON ROAD, REVISION OF APPROVED BUILDING COLORS (DR. GJERDRUM /TONY OREFICE). Current Planner Spierling reviewed the staff report dated September 17, 1991, advising that a beige or tan color was the color approved by the Planning Commission, and white was the color used when the building was stuccoed. He stated that the Architectural Advisory Committee reviewed the revised stucco color and the building's relationship to the adjacent medical center and other buildings along Halcyon Road. After review, it was concluded that the revised stucco color was appropriate and, therefore, recommended approval of the revised color. After a brief discussion, on motion by Commissioner Soto, seconded by Commissioner Moore, and unanimously carried, Architectural Review Case No. 89 -440 was amended to include approval of the white stucco in place of the originally approved color. PLANNING DIRECTOR /PLANNING COMMISSION ITEMS AND COMMENTS Information - Viewshed Review Case No. 91 -33, 486 Tanner Lane (Pequignot). Mr. Spierling advised this is informational to let the Commission know that Viewshed Review Case 91 - 33 has been approved by the Planning Director and does not require any action by the Commission. ADJOURNMENT There being no further business before the Commission, on motion by Commissioner Souza, seconded by Commissioner Moore, and unanimously carried, the meeting was adjourned at 8:10 P.M. ATTEST: ZEfe,,J fr 'PearhfPinney, Se • retary 321.