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PC Minutes 2011-10-18 MINUTES PLANNING COMMISSION ', TUESDAY OCTOBER 18, 2011 6:00 P.M. CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Ruth presiding; also present were Commissioners Barneich, Keen, Martin, and Sperow. Staff members in attendance were Community Development Director Teresa McClish and Planning intern Matt Downing. ANNOUNCEMENTS: None AGENDA REVIEW: There were no changes to the order of the Agenda. APPROVAL OF MINUTES: On a motion by Commissioner Barneich, seconded by Commissioner Keen, the June 7, 2011 minutes were approved as presented. Upon roll call vote: AYES: Commissioners Barneich, Keen, and Martin NOES: None A�STAIN: Commissioners Ruth and Sperow On a motion by Commissioner Keen, seconded by Commissioner Ruth, the June 21, 2011 minutes were approved as presented. Upon roll call vote: AYES: Commissioners Keen, Ruth, and Barneich NOES: None ABSTAIN: Commissioner Martin and Sperow On a motion by Commissioner Barneich, seconded by Commissioner Sperow, the September 6, 2011 minutes were approved as presented. Upon roll call vote: AYES: Commissioners Barneich, Sperow, Ruth, and Martin NOES: None ABSTAIN: Commissioner Keen I. A. ORAL COMMUNICATIONS: None. B. WRITTEN COMMUNICATIONS AFTER AGENDA PREPARATION: None I1. PUBL.IC HEARING ITEMS: A. DEVELOPMENT CODE AMENDMENT CASE NO. 11-005; APPLICANT — CITY OF ARROYO GRANDE; LOCATION CITYWIDE Community Development Direcfor Teresa McClish presented the staff report to consider a Development Cod�i�mendment to revise the Public Art Guidelines. In answer to the Commissions' questions, Community Development Director McClish stated that it i� not proposed thafi the Arroyo Grande In Bloom replace the Public Art Panel in the role of revi�wing public art; corrected typographical errors; that there is no appeal process; language can be added recommending installation method and estimated amount of maintenance required under Proposal in the Guidelines; the Planning Commis�ion will not be involved in the ; general process, but may be involved in public art if it is proposed in conjunction or to ; encourage it in conjunction with a development project; the acfival approval of art on private property would be by the panel, and this process limits City approval of an art piece to projects on public property; for projects on private property, staff would convene the panel and the panel PLANNING COMMISSION PAGE 2 MINUTES OCTOBER 18, 2011 � will approve or deny the art piece; when talking about art on private property staff is expecting art in conjunction with commercial developments; the process for approving art will be more � involved on private property versus public property because the panel will be convened and make decision for art on private property and the Councit will make the decision on art on public property; the criteria for evaluation is the same for art on both public and private properties; and the key difference is the decision makers; referring to the Selection Process in the staff report, staff clarified that it is not necessary to submit a number of alternative art proposals; the panel will be convened as the art pieces come forward and the people on panel are not permanent; there will be a public hearing before the decision is made by Council for art on public property and prior to being referred to the Art Panel for art on private property; and the decision making will be taken out of the government realm for art on private property. The Commission provided the following comments: an appeal process to City Council needs to be established; should define public art, concern with someone putting something not cultural; pointed out typos in the resolution and "Public Art Guidelines And Public Art Donation"; suggested adding recommended installation method and cost of maintenance required, under Proposal in the Guidelines; add public art on public property still be presented before the County Arts Council; under Guidelines; strike # 2. "Public at shall reflect the character......." because it is too general. The meeting was opened to the public and hearing no public comment the public hearing was closed. Commissioner Ruth made a motion, seconded by Commissioner Sperow to adopt a resolution recommending that the City Council amend the Public Art Guidelines and incorporate them into the Development Code as a separate document by reference, with the following modifications: • City Art to include an appeal process before the Public Art Guidelines and Public Art Donation Program go before the City Council for adoption; � Under Guidelines of PUBLIC ART GUIDELINES, strike number 2. "Public art shall reflect...." and renumber the remaining guidelines; • Under Proposal of PUBLIC ART DONATION PROGRAM, add #10. Recommended manner of installation; • Under Proposal of PUBLIC ART DONATION PROGRAM, add #11. Estimated maintenance cost; • Fix the following typos: in line two strike "the" and replace with "and" under NOW THEREFORE, BE IT RESOLVED ...... in the Resolution; • Under Guidelines of PUBLIC ART GUIDELINES, number 8. strike "in" replace with "is"• , • Under Definition of PUBLIC ART DONATION PROGRAM, line 4, strike "and public"; • Under Display of Public Art of PUBLIC ART DONATION PROGR�M, #5. strike "and the"� , � Insert section heading for Process into the PUBLIC ART GUIDELINES; e Add under Process of the PUBLIC ART GUIDE�INES to consult with the County Arts Council to seek input in the process for art on public property; and • Under Guidelines for Review of the Proposal of PUBLIC ART DONATION PROGRAM, strike #2. and renumber. i . PLANNING COMMISSION PAGE 3 MINUTES OCTOBER 18, 2011 ' RESOLUTION NO. 11-2142 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND THE PUBLIC ART GUIDELINES AND INCORPORATE THEM INTO THE DEVELOPMENT CODE AS A SEPARATE DOCUMENT BY REFERENCE (DEVE�OPMENT CODE AMENDMENT 11-005) The motion was approved by the following roll call vote: AYES: Commissioners Ruth, Sperow, Barneich, Keen, and Martin NOES: None ABSE(�1': None the foregoing Resolution was adopt�d this 18t" day of October 2011. The Commission took a break at 7:25 pm and reconvened at 7:32 pm. III. NON-PUBLIC HEARING ITEMS: A. REVIEW STAFF PROJECT 11-003; LOCA►TION — CITYWIDE; �PPLICANT CITY OF ARROYO GRANDE; ADDITION OF REGULATIONS TO TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING MOBILE VENDING Planning Intern Matt Downing presented the staff report to review a draft Ordinance regulating mobile vending and approved by the Chief of Police. Planning Intern Downing brought to the Commission's attention alterations to the Ordinance, including: • Removal of the word "food" in every occurrence on page 1 of the Ordinance; and • Inclusion of language similar to "locations consistent with Vehicle Code § 22455" in Section 9.32.090.A.1 of the Ordinance. In answer to the Commissions' questions, Planning Intern Downing stated mobile vending would not be allowed in the Village Core, Village Mixed-Use, and Traffic Way Mixed-Use zoning districts; there is an exemption for longer hours of operation for certain events; explained the process for vending at Soto Sports Complex and the ordinance would apply at said location; staff will checl< on how close vendors can be to each other; language can be added on waivers to allow the Police Chief to rr�ake exceptions for time and place to coincide with community events; the Attorney eliminated text regarding the number of vendors per year; possib�ly language can be added that at properties zoned Public Faciliti�s, where children are more cornmon, the operator shall be finger printed; any mobil� vendor needs fio be registered with the Police Chief under Section 9.32.0120; Title 9 is considered an appropriate title for insertion of the Ordinance; and Sectidn 9.32.050 E. covers locations, days and hours of operation. Commissioners expressed the following concerns: the vendors applicant/operator should provide a government issued identification, be finger printed and have a background check; under Section 9.32.010 strike "services"; would like the finger printing added to the locaticrns where children are more common; vendors that will be at school and park properties should be required to have a background check. _----_ _ _ _-- __ _ _ � PLANNING COMMISSION PAGE 4 MINUTES OCTOBER 18, 2011 i Commissioner Sperow made a motion, seconded by Commissioner Barneich to adopt a � resolution recommending that the City Council adopt an Ordinance adding Chapter 9.32 to Title 9 of the Arroyo Grande Municipal Code; regulating mobile vending within the City of Arroyo Grande to ensure protection of the health, safety, and welfare of public; Citywide, with the following modifications: • Language to include a waiver for hours and length of operation for special events to be extended at the Chief of Police's discretion; • When application is filed, a form of government issued identification will be required for applicant/operator; fingerprinting, and background check for operators vending at parcels designated Public Facilities; • Alterations of language as identified by staff; • Strike the word "services" under Purposes and Intent; • Alterations to the Ordinance as identified by staff, including: • Removal of the word "food" in every occurrence on page 1 of the Ordinance; � Inclusion of language similar to "locations consistent with Vehicle Code § 22455 in Section 9.32.090.A.1 of the Ordinance. RESOLUTION NO. 11-2143 ' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE ADDING CHAPTER 9.32 TO TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE; REGULATING MOBILE VENDING WITHIN THE CITY OF ARROYO GRANDE TO ENSURE PROTECTION OF THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC; CITYWIDE The motion was approved by the following roll call vote: AYES: Commissioners Sperow, Barneich, Keen, Martin, and Ruth NOES: None ABSENT: None the foregoing Resolution was adopted this 18t" day of October 2011. IV. REFERRAL ITEMS FOR COMMISSION ACTION/NOTICES OF ADMINISTRATIVE DECISIONS SINCE OCTOBER 4 2011: �, � � , � � ;� GaSe No. ,. ... A -: Add'ress Descri tion� , ;, ;;Actio� , = Pla�ner :. ; TUP 11-019 St. Patrick School 900 W.Branch Christmas tree lot and lunchtime tri tip barbecue Approved Matt Street Decembe,r 2,2011 through December 4,2011 Downing Additional ro'ects ma be added via su lemental A enda memorandums. Commissioner Barneich inquired if the trees removed at St. Patrick School when the classroom was build were replaced. V. DISCUSSION ITEMS: None VI. P�ANNING COMMISSION ITEMS AND COMMENTS: Commissioner Keen provided comments on observation from the October 3, 2011 Architectural Review Committee meeting regarding new architectural accents on Chase Bank and the face i color and texture treatment for retaining wall on EI Camino Real at Oak Park Boulevard. . . . . . . . . � PLANNING COMMISSION PAGE 5 MlNUTES OCTOBER 18, 2011 ' Commissioner Barneich expressed her appreciation of the awnings that were changed on the building next to Raoster Creek. VIL COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP: Community Development Director reported that award of contract for Castillo Del Mar Bike Lanes is scheduled for the October 25, 2011 City Council meeting; the City is restriping as well as restriping bike lanes; and staff is preparing a Request for Proposal for an update for the City's Bike and Pedestrian Plan. VIII. ADJOURNMENT: On motion by Commissioner Barneich, seconded by Commissioner Sperow and unanimously carried, the meeting adjourned at 8:18 p.m. �4TTEST: ,. � . . �'� , . ����-�.,!o���''��. `> ���c�-�t DEB�I�WEIC INGER E IZA�dETH RUTH, CHAIR SECRETARY TO THE COMMISSION AS 1'O CONTENT: �- � � - TER SA McCLISH, COMMUNITY ELOPMENT DIRECTOR (Approv�d at the November 1, 2011 meeting)