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