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PC Minutes 2017-09-05 ACTION MINUTES TUESDAY, SEPTEMBER 5, 2017 ARROYO GRANDE COUNCIL CHAMBERS MEETING OF THE PLANNING COMMISSION 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Chair Martin called the Planning Commission meeting to order at 6:00 p.m. 2. ROLL CALL Planning Commission: Commissioners Terry Fowler-Payne, Lan George, John Mack, Frank Schiro, and Glenn Martin were present. Staff Present: Community Development Director Teresa McClish, Planning Manager Matt Downing, Planning Technician Sam Anderson, Police Chief Beau Pryor, and Secretary Debbie Weichinger were present. 3. FLAG SALUTE Commissioner Mack led the flag salute. 4. AGENDA REVIEW Action: Commissioner Schiro moved that Item 9.b.a., be heard following Item 5. Commissioner George seconded, and the motion passed on the following roll call vote: AYES: Schiro, George, Martin NOES: Mack, Fowler-Payne ABSENT: None 5. COMMUNITY COMMENTS AND SUGGESTIONS Chair Martin invited public comment. Teri Tardiff, Faeh Street, presented pictures to the Commission relating to the proposed Popeye's on Faeh Avenue, spoke against the project, and expressed concern with the impacts the drive thru restaurant will have on the neighborhood. Val Delaney, Sunrise Terrace, stated there is no sales tax on takeout food and expressed concern with the impacts Popeye's will have. 9.b. CONSIDERATION OF PRE-APPLICATION NO. 17-002; AMENDMENT TO TITLE 5 AND TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING BILLIARD HALLS AND ESTABLISHMENT OF A NEW RESTAURANT AND BILLIARD HALL; LOCATION - 398 SUNRISE TERRACE; APPLICANT— DAVID & LINDA DEL CASTILLO Planning Technician Anderson presented the staff report and recommended the Planning Commission review the proposed project and provide comments to the applicant. David Del Castillo, presented his project and responded to questions, including age limit to enter the billiard hall; if there will be a liquor license; type of music; hours of operation; menu; and access to the business. PLANNING COMMISSION PAGE 2 MINUTES SEPTEMBER 5, 2017 Chair Martin opened the meeting for public comment. The following people spoke in opposition of the project stating this is not a good fit with the neighborhood (i.e. farm equipment); circulation issues; may delay emergency personnel; will cause excessive noise; increase of traffic; property values will lower; not consistent with the zoning; insufficient parking; lighting; odors from cooking; and the dangerous "S" curve in Valley Road. - William Lasala - Robert Tatum - Phil Stonesifer - Marty Lowy - Brad Wilbert - Mike Tuchman - Theodore Lester - Garry Schmidt (HOA President) - Michael Harrod - Val Delaney - Jim Dunklin Hearing no further comments, Chair Martin closed the public comment period. The Commission provided the following comments and concerns: the proposed project does not have enough merit to change the OMU zoning; if the zoning was changed it would be changed Citywide; wrong location; the access is problematic; parking is an issue; there is no overflow parking available; and public transit does not exist in this area. The Commission could potentially support the project in a more appropriate area. The Commission took a break at 7:20 p.m. and reconvened at 7:25 p.m. 6. WRITTEN COMMUNICATIONS The Commission received the following material after preparation of the agenda: 1. Memo dated September 5, 2017 from Planning Manager Downing regarding Agenda Item 8.a. 2. Memo dated September 5, 2017 from Planning Technician Anderson regarding Agenda Item 9.b. 7. CONSENT AGENDA Chair Martin stated items 7.a. and 7.b will be heard separately due to the Commission receiving a speaker slip. 7.a. Consideration of Approval of Minutes. Action: Commissioner Mack moved and Commissioner Schiro seconded the motion to approve the minutes of the Planning Commission Meeting of August 1, 2017 as submitted. The motion passed on the following roll call vote: AYES: Mack, Schiro, Fowler-Payne, Martin NOES: None ABSTAIN: George 7.b. Consideration of A Resolution Approving Street Names for Subarea 2 of the East Cherry Avenue Specific Plan; Location — East Cherry Avenue; Applicant — Wathen Castanos Homes PLANNING COMMISSION PAGE 3 MINUTES SEPTEMBER 5, 2017 Planning Manager Downing presented the staff report and recommended the Planning Commission adopt a Resolution approving the street names for Subarea 2 of the East Cherry Specific Plan. Mr. Downing responded to questions regarding Place versus Court and in response to Commissioner Fowler-Payne's question,. Fire and Police has reviewed the street names and concur. Chair Martin opened the meeting for public comment: Shirley Gibson, asked the Commission to consider establishing historical street names in Subarea 2 of the East Cherry Specific Plan. Chair Martin closed the public comment period. Planning Manager Downing responded to additional questions regarding the street names. Action: Commissioner Martin moved to adopt a resolution entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING STREET NAMES FOR SUBAREA 2 OF THE EAST CHERRY AVENUE SPECIFIC PLAN AS RAINIER PLACE, LARIAN COURT, BROOKS PLACE AND LAMBERT PLACE". Commissioner Schiro seconded the motion. The Commission and staff discussed the street names and that staff will go back to the development team for establishing historical street names. The motion died on the following roll call vote: AYES: None NOES: Martin, Schiro, Fowler-Payne, George, Mack ABSENT: None Chair Martin recused himself from the dais due to a conflict on Item 8.a.. Vice-Chair Mack chaired the meeting. 8.a. CONTINUED CONSIDERATION OF LOT MERGER 17-003 AND ARCHITECTURAL REVIEW 16-009; MERGER OF TWO (2) LOTS AND CONSTRUCTION OF A NEW 12,730 SQUARE FOOT SINGLE FAMILY HOME; LOCATION — 779 AND 759 CASTILLO DEL MAR (TRACT 3048 — HEIGHTS AT VISTA DEL MAR); APPLICANT — JAMES AND KATY REDMOND; REPRESENTATIVE — RRM DESIGN GROUP Planning Manager Downing presented the staff report and recommended the Planning Commission adopt a Resolution approving Lot Merger 17-003 and Architectural Review 16-009 as directed by the Commission. Staff responded to questions from the Commission regarding City's Conditions of.Approval versus County Conditions for approval; Design Guidelines; documents that talk about neighborhood compatibility; grading; fencing around the pool; if there are association fees for each lot of the Tract; stormwater drainage; and the average size of homes in the development. PLANNING COMMISSION PAGE 4 MINUTES SEPTEMBER 5, 2017 Randy Russom, applicant, presented the project and stated the elevation was addressed; the use of the facility is a residence; the basketball court is for the owners' personal use; the project meets all the Development Standards; and responded to questions from the Commission regarding the HOA fees; basketball court; and pool cover . Katy Redmond, owner, Castillo Del Mar, stated they are not using their home for a profit; all rules have been followed; one house on two lots will have less traffic, use less water; and responded to Commission questions: Director McClish clarified that the City and the County of San Luis Obispo approved the project and the rules of the City will govern since the land is in the City. Vice-Chair Mack opened the meeting to the public: George Bekey, S. Via Belmonte, expressed concern with being compatible with the rest of the neighborhood and is opposed to the project. Daryl Berg, expressed concern for the use of the basketball court; and stated the engineer said the basin needs to be bigger. James Redmond, stated the project follows every rule and standard and the project is compatible with the neighborhood. Frank Loversky, Vista Del Mar, expressed concern with the view corridor; questioned the building guidelines in the CC&R's. Kate Carson, N. Via Firenze Court, Real Estate Broker, stated she has three disclosures that talk about noise, traffic, etc. Leo Craven, Gonzalo Brintrup, and Sydney Craven spoke in support of the project and the applicants. Shirley Gibson, said approving the project could set a precedent. Pashmina, Via Firenze Court, referred to a slide and pointed out the elevation of the home versus the mobile home. Christine Slimack, stated she was told by the developer that the homes were from 3,000 — 5,000 square feet and stated her, and others that left the meeting, are opposed to the project; she expressed concern with noise and parking; this will deterrent and impact tax base; and drainage is an issue. Ian Johnson said the home is out of character; the ARC expressed their concern; and asked the Commission to reject the proposal. Denise Peterson, wants to make sure the Code applies correctly and what was presented to the adjacent residents was 3,000 — 5,000 square feet. PLANNING COMMISSION PAGE 5 MINUTES SEPTEMBER 5, 2017 Jason Blankenship, representing the developer, spoke in support of the project; said there is a building set back and the heights have been studied. Hearing no further comments, Vice-Chair Mack closed the public hearing. The Commission voted unanimously to continue the meeting to 11:00 p.m. Staff responded to additional questions from the Commission, including if there were CC&R's for the development; could the house be seen from the Highway; flooding issues; and average lot width. Commissioner Schiro spoke in support of the location and architecture, stated the large home will not decrease neighboring values. Commissioner Fowler-Payne stated when the Commission approves 12,000 square foot homes, it is unknown what will come in next; adjacent property owners have to be considered; the size of house is out of range for that development; should have a good neighborhood policy; and is not in favor the project. Commissioner George stated the project only meets the Guidelines if the Lot Merger is approved; the issue for these lots merging the highest point 40' tall 250 wide; understands the concerns of the neighborhood; with regard to setting a precedent, if this is approved tonight, the guidelines are not being changed and a precedent would not be set; her concern is with the massing; and cannot support the project. Commissioner Mack expressed concern with the scale; believes there will be a precedent set if the lot merger is done; supports the ARC in the findings; and feels the massing is too big. Action: Commissioner Fowler-Payne moved to deny the resolution entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT MERGER 17-003 AND ARCHITECTURAL REVIEW 16-009; LOCATION — 779 AND 759 CASTILLO DEL MAR (TRACT 3048 — HEIGHTS AT VISTA DEL MAR); APPLICANT — JAMES AND KATY REDMOND; REPRESENTATIVE — RRM DESIGN GROUP" . Commissioner George seconded the motion. Commission discussion included turning the home around on Lot 1; the scale is too big; not in support of the Lot Merger; suggested to put the basketball court lower; and feels the project has to be compatible and talked about the size of the house. Planning Manager Downing stated he is hearing concerns from the Commission regarding lot width, length of house to the street, and compatibility with-the neighborhood. Action: Commissioner Fowler-Payne amended her motion to adopt the resolution entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE 111 DENYING WITHOUT PREJUDICE ARCHITECTURAL REVIEW 16-009; LOCATION — 779 AND 759 CASTILLO DEL MAR (TRACT 3048 — HEIGHTS AT VISTA DEL MAR); APPLICANT — JAMES AND KATY REDMOND; REPRESENTATIVE — RRM DESIGN GROUP" . Commissioner George seconded the motion. PLANNING COMMISSION PAGE 6 MINUTES SEPTEMBER 5, 2017 AYES: Fowler-Payne, George, Mack NOES: Schiro ABSENT: Martin (recused) Chair Martin returned to the dais. Commissioner Schiro made a motion to extend the meeting for 30 minutes to 11:30 pm. The motion was seconded by Commissioner George. The motion passed on the following roll call vote: AYES: Schiro, George, Fowler-Payne, Mack, Martin NOES: None ABSENT: None After discussion it was the consensus of the Commission to hear Item 8.b. 8.b. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT CASE NO. 17-003; .AMENDMENTS TO CHAPTER 16.62 OF TITLE 16 AND CHAPTER 5.95 OF TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MARIJUANA AND MARIJUANA DELIVERY SERVICES Director McClish presented the staff report and recommended the Planning Commission adopt a Resolution recommending the City Council adopt the proposed Ordinance amending Chapter 16.62 of Title 16 and Chapter 5.95 of Title 5 of the Arroyo Grande Municipal Code relating to marijuana and marijuana delivery services and responded to questions from the Commission.. Commissioner Schiro made a motion to extend the meeting for 30 minutes to 12:00 a.m. The motion was seconded by Commissioner Mack. The motion passed on the following roll call vote: AYES: Schiro, Mack, Fowler-Payne, George, Martin NOES: None ABSENT: None Director McClish continued to answer questions from the Commission regarding indoor or outdoor. Chair Martin opened the meeting for public comment. Cynthia Gonzalez, ElitecareSF, explained the taxing process for delivery of marijuana. Chief of Police Pryor responded to questions regarding regulations and the process for testing for suspected drivers "under the influence". Action: Commissioner Martin moved to adopt a resolution entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 16.62 OF TITLE 16 AND CHAPTER 5.95 OF TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO PLANNING COMMISSION PAGE 7 MINUTES SEPTEMBER 5, 2017 MARIJUANA AND MARIJUANA DELIVERY SERVIES; DEVELOPMENT CODE CASE NO. • 17-003; LOCATION — CITYWIDE'. Commissioner Schiro seconded the motion. The motion passed on the following roll call vote: AYES: Martin, Schiro, George, Mack NOES: Fowler-Payne ABSENT: None 9.a. CONSIDERATION OF DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE BRIDGE STREET BRIDGE REHABILITATION PROJECT ACTION: Commissioner Mack moved that item 9.a. be continued to a date certain of September 19, 2017. Commissioner George seconded, and.the motion passed on the following roll call vote: AYES: Mack, George, Fowler-Payne, Schiro, Martin NOES: None ABSENT: None 10. NOTICE OF ADMINISTRATIVE DECISIONS SINCE SEPTEMBER 5, 2017 This is a notice of administrative decision for Minor Use Permits, including any approvals, denials or referrals by the Community Development Director. An administrative decision must be appealed or called up for review by the Planning Commission by a ma;ority vote. Case No. Applicant Address Description Action Planner ARCH 17-007 The Heights at 439 Del Sur New 3,946 square foot A K. Heffernon Vista Del Mar (Lot 21 of primary residence, Group, LLC Tract 3048) 826 square foot accessory dwelling unit, and 400 square foot lanai PPR 17-012 Matt Everett 1091 Ash Established a vacation A C. Turner Street rental in an existing , single family residence PPR 17-013 Robert 318 Short Established a vacation A C. Turner Christianson Street rental in an existing residence In response to Commissioner Fowler-Payne's question, Director McClish stated if any member of the public wants to see an item, staff can present the item. Chair Martin reiterated that anyone can come into City Hall to review plans. In response to Commissioner Fowler-Payne's question, Director McClish reported on vacation rentals. 11. COMMISSION COMMUNICATIONS In response to Commissioner Mack's request, staff reported that Popeye's will be presented in the near future. 12. STAFF COMMUNICATIONS None 13. ADJOURNMENT The meeting was adjourned at 11:59 p.m. PLANNING COMMISSION PAGE 8 MINUTES SEPTEMBER 5, 2017 ATTEST: k)(2.guttcTo e-42t44 /(eit> DEBBIE WEICHINGER GLENN MARTIN, CHAIR SECRETARY TO THE PLANNING COMMISSION (Approved at PC Meeting September 19, 2017)