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PC 2017-10-17 08a ACUP 17-001 MEMORANDUM TO: PLANNING COMMISSION FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: SAM ANDERSON, PLANNING TECHNICIAN SUBJECT: CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 17-001; AMENDMENT TO CONDITIONAL USE PERMIT 01-008 TO PERMIT THE CONSTRUCTION OF A NEW RECREATIONAL VEHICLE SHADE STRUCTURE; LOCATION – 330 TRAFFIC WAY; APPLICANT – MULLAHEY FORD DATE: OCTOBER 17, 2017 SUMMARY OF ACTION: Approval of the Conditional Use Permit Amendment will authorize the construction of a new RV shade structure. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Amended Conditional Use Permit 17-001. BACKGROUND: On September 18, 2001, the Planning Commission approved Conditional Use Permit (CUP) 01-008, authorizing the existing use of 330 Traffic Way as a car dealership as well as approving the construction of two (2) new commercial structures to service the car dealership. The applicant has proposed to construct a new RV shade structure on the project site. In accordance with Table 16.36.030(A) of the Municipal Code, all new commercial building require a CUP. Due to the approval of the previous CUP, it was determined that an amendment is the appropriate mechanism to process the proposed project. Location The subject property is zoned Traffic Way Mixed-Use (TMU) and is located in the D- 2.11 Traffic Way Overlay District (Attachment 1). PLANNING COMMISSION CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 17-001 OCTOBER 17, 2017 PAGE 2 Architectural Review Committee On September 18, 2017, The Architectural Review Committee (ARC) reviewed the project for compliance with the Design Guidelines and Standards for Design Overlay District (D-2.11) – Traffic Way and Station Way (the “Design Guidelines”) (Attachment 2).The ARC was in support of the proposed project, with the condition that the project be conditioned to improve the fence line along Station Way in order to be uniform and consistent with the newest portion of the existing fence. This condition has been included in the prepared Resolution. ANALYSIS OF ISSUES: Project Description The applicant is proposing to amend CUP 01-008 in order to permit the construction of a third commercial structure which would be a 2,400 square foot RV shade structure. The RV shade structure is proposed to be enclosed on three sides, with an open side facing into the site toward Traffic Way. The proposed design is simple, with three metal sides and a metal roof providing covering for RVs currently on site. The structure will be sixteen feet (16’) tall at the open entrance, and slope slightly to a fourteen foot four inch (14’4”) height at the r ear of the structure. The color of the structure will closely match the existing structures existing on site. No signage or text is proposed to be placed on the structure. General Plan LU8-1 states “permit the continuation of gasoline stations and supporting automotive service facilities in appropriate locations adjoining freeway access or at strategic major arterial street intersections provided that their design and operation are compatible with adjacent uses. Require that expansions or modifications of existing facilities be designed to convey a high quality architectural and landscape character, consistent with the overall character of the City.” The proposed project amends CUP 01-008 to permit the continuation of automotive service facilities in an ap propriate location and is designed with a high quality architectural character, as recommended by the ARC. Municipal Code The primary purpose of the TMU Zoning District is to “provide for vehicle sales and services, related retail and office uses and visitor serving facilities convenient to both freeway traffic and vehicles or pedestrians from the nearby village area. Development standards and design guidelines are intended to enhance this specialized mix of uses at the southern gateway to Arroyo Grande which include automobile and small truck sales and service, equipment rental, repair and related services, offices, wholesale and retail sales including outdoor display, motels, restaurants and limited residential uses functioning as live-work units.” The proposed RV shade structure will reinforce the purpose of the TMU Zoning District by enhancing the ability of the property to provide for vehicle sales and services. PLANNING COMMISSION CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 17-001 OCTOBER 17, 2017 PAGE 3 The proposed structure conforms to all applicable Arroyo Grande Municipal Code (AGMC) Development Standards, including lot coverage , setbacks, and maximum height: Table 1: Site Development Standards for the TMU Zoning District Development Standards TMU District Project Site Notes Minimum Building Site 10,000 sq. ft. ~19,600 sq. ft. Code met Minimum front yard setback 0’-15’ ~250’ Code met Minimum interior side yard setback 0’ 5’, 0’ Code met Minimum rear yard setback 0’-15’ 5’ Code met Maximum lot coverage 75% ~12% Code met Maximum Floor Area Ratio 0.75 ~0.12 Code met Maximum height for buildings 30’ or 2 stories, whichever is less 16’ max Code met Visual Character The primary purpose of the D-2.11 Design Overlay is “to encourage the use of design that will not detract from the neighboring Village districts and to enhance the character and appearance of this southern commercial gateway to Arroyo Grande from Freeway 101.” The proposed structure is designed in character with other existing structures on site. The ARC considered the utilitarian design to be appropriate considering the surrounding structures and nature of the ongoing use of automobile sales, believed that the project would improve the visual character of Station Way when considered in conjunction with the proposed conditions of approval. ALTERNATIVES: The following alternatives are provided for the Planning Commission’s consideration: 1. Adopt the attached Resolution approving Amended Conditional Use Permit 17- 001. 2. Modify and adopt the attached Resolution approving Amended Conditional Use Permit 17-001; 3. Do not adopt the attached Resolution, provide specific findings, and direct staff to return with a Resolution denying Amended Conditional Use Permit 17-001; or 4. Provide direction to staff. PLANNING COMMISSION CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 17-001 OCTOBER 17, 2017 PAGE 4 ADVANTAGES: The proposed structure will shade and protect RVs on site that are currently exposed to the elements, as well as conceal the visual impact of the RVs along Station Way. Conditions of Approval will also improve the sidewalk and fence line along Station Way. DISADVANTAGES: Construction of the proposed structure would create a third large metal sided garage structure along the rear of the Mullahey Ford dealership, impacting the visual environment along Station Way. However, the structure is oriented into the interior of the site, consistent with the Design Guidelines. ENVIRONMENTAL REVIEW: The project was reviewed in accordance with the California Environmental Quality Act (CEQA) and determined to be categorically exempt per Section 15 303(e) of the Guidelines regarding new construction of a garage. PUBLIC NOTIFICATION AND COMMENTS: A notice of public hearing was mailed to all property owners within 300’ of the project site, was published in The Tribune, and posted at City Hall and on the City’s website on October 6, 2017. A sign announcing the public hearing was posted at the project site on Thursday, October 5, 2017, in accordance with City policy. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. At the time of report publication, no comments have been received. ATTACHMENTS: 1. Location Map 2. Minutes from the September 18, 2017 Architectural Review Committee meeting 3. Project Plans RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE AP PROVING AMENDED CONDITIONAL USE PERMIT 17-001; AMENDMENT TO CONDITIONAL USE PERMIT 01-008 TO PERMIT THE CONSTRUCTION OF A NEW RECREATIONAL VEHICLE SHADE STRUCTURE; LOCATED AT 330 TRAFFIC WAY; APPLIED FOR BY MULLAHEY FORD WHEREAS, on September 18, 2001, the Planning Commission approved Conditional Use Permit 01-008 to authorize the existing automobile dealership use and to add two (2) new commercial structures to the existing automobile dealership located a 330 Traffic Way; and WHEREAS, the applicant has filed an application to amend Conditional Use Permit 01- 008 to allow for the construction of an additional commercial structure; and WHEREAS, the project site is located in at 330 Traffic Way and is part of the Traffic Mixed-Use (TMU) zoning district; and WHEREAS, new commercial construction is permitted with approval of a Conditional Use Permit; and WHEREAS, approval of the Amended Conditional Use Permit will amend Conditional Use Permit 01-008 to permit three (3) new commercial structures; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined the project to be categorically exempt per Section 15303(e) of the Guidelines regarding new construction of a garage. WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on October 17, 2017; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the city. New commercial construction is permitted within the TMU zoning district with the approval of a Conditional Use Permit per section 16.36.030 of the Municipal Code, and the proposed use complies with all applicable provisions RESOLUTION NO. PAGE 2 of the Municipal Code. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. A new commercial structure serving an automobile dealership will not impair the integrity of the TMU zoning district in light of surrounding existing uses and the stated purpose of the TMU zoning district per Municipal Code Subsection 16.36.020(B) which states that The primary purpose of the TMU district is to provide for vehicle sales and services, related retail and office uses and visitor serving facilities convenient to both freeway traffic and vehicles or pedestrians from the nearby village area. Conditions of approval developed for the project will ensure integrity and character are maintained. 3. The site is suitable for the type and intensity of use or development that is proposed. The existing site contains assorted commercial structures and garages similar in type and intensity of use. The construction of an additional commercial structure would be a complementary and related use in the TMU zoning district. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The proposed commercial structure is not anticipated to require addition provisions for water, sanitation, and public utilities and services. Therefore, there are adequate provisions for all utilities and services necessary to ensure public health and safety. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed commercial structure will not be detrimental to the public health, safety or welfare due to conditions of approval developed for the project to ensure these items are maintained. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Amended Conditional Use Permit 17-001, as presented to the Planning Commission on October 17, 2017 and shown in Exhibit “B”, attached hereto and incorporated herein by this reference as though set forth in full, with the above findings and subject to the conditions as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference. On a motion by Commissioner __________, seconded by Commissioner________, and by the following roll call vote, to wit: RESOLUTION NO. PAGE 3 AYES: NOES: ABSENT: The foregoing Resolution was adopted this 17th day of October, 2017. RESOLUTION NO. PAGE 4 ___________________________ GLENN MARTIN CHAIR ATTEST: ______________________________ DEBORAH WEICHINGER SECRETARY TO THE COMMISSION APPROVED AS TO CONTENT: _____________________________ TERESA McCLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. PAGE 5 EXHIBIT ‘A’ CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT 17-001 330 TRAFFIC WAY This approval authorizes the construction of a new RV shade structure at 330 Traffic Way. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit Case No. 17-001. 3. This application shall automatically expire on October 17, 2019, unless a building permit is issued or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October 17, 2017, and marked Exhibit ‘B’. 5. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 6. A copy of these conditions shall be incorporated into all construction documents. 7. The applicant shall comply with all applicable performance standards as listed in Municipal Code Section 16.48.120. 8. The applicant shall comply with all applicable noise standards as listed in Municipal Code Chapter 9.16. 9. Applicant shall apply, and be approved for, an Administrative Sign Permit prior to installation of any new signage. 10. Any substantial change in use is subject to additional review through the Community Development Department. ARCHITECTURAL REVIEW COMMITTEE CONDITIONS 11. Existing fence line shall be improved in order to be uniform and consistent with the newest portion of the fence. 12. The color of the structure shall be consistent with the existing structures on site. EXHIBIT "B" 330 Traffic Way ATTACHMENT 1 Minutes: ARC Monday, September 18, 2017 8.b. CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 17-001; AMENDMENT TO CONDITIONAL USE PERMIT 01-008 TO PERMIT THE CONSTRUCTION OF A NEW RECREATIONAL VEHICLE SHADE STRUCTURE; LOCATION – 330 TRAFFIC WAY; APPLICANT – MULLAHEY FORD (Anderson) Planning Technician Anderson presented the staff report and responded to questions regarding the existing gate, the existing fencing along Station Way, the viewshed from Traffic Way to Station Way, and colors and architectural detailing of the proposed structure. The Committee provided comments in support of the proposed location, the scale, the size, and finish of the proposed structure. Committee Member Hertel made a motion, seconded by Vice Chair Berlin, to recommend approval of the project to the Planning Commission with the following modifications: 1.The color of the proposed structure shall be consistent with existing structures on site; 2.The fence line shall be improved in order to be uniform and consistent with the newest portion of the fence. The motion passed on a 5-0 voice vote. 9.DISCUSSION ITEMS Planning Manager updated the Committee on the East Grand Avenue Master Plan, and requested a primary and an alternate to represent the Committee on the stakeholders’ group for the development of plan. Committee Member Storton volunteered to be the primary representative, and Vice Chair Berlin volunteered to be the alternate representative. The appointments passed on a 5-0 voice vote. 10.COMMITTEE COMMUNICATIONS Vice Chair Berlin informed the Committee that he will be absent the first meeting of November. Committee Member Kubel requested clarification on how Committee recommendations are shared with City Commissions, and how and when Committee and Commission meetings are noticed to neighboring property owners. Chair Hoag requested an update on the Bridge Street Bridge project. Planning Manager Downing stated that the Mitigated Negative Declaration is currently undergoing circulation and is to be reviewed by the Planning Commission at the September 19, 2017 meeting. ATTACHMENT 2 ATTACHMENT 3