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PC Minutes 2011-08-02 MINUTES ', PLANNING COMMISSION , TUESDAY AUGUST 2, 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 Martin and Sperow. Staff members in attendance were Community Development Director Teresa McClish and Planning Intern Matt Downing. Commissioners Barneich and Keen were absent. ANNOUNCEMENTS: None AGENDA REVIEW: There were no changes to the order of the Agenda. APPROVAL OF MINUTES: It was the consensus of the Commission that the minutes of June 7, and June 21, 2011 be continued to the next regular meeting due to the absence of other Commissioners. I. A. ORAL COMMUNICATIONS: None. B. WRITTEN COMMUNICATIONS AFTER AGENDA PREPARATION: None I1. PUB�IC HEARING ITEMS: A. VARIANCE 11-001; LOCATION — 785 EASY STREET; APPLICANT— GLEN BURGESS & SUSAN ABUNDIS Planning Intern Matthew Downing presented the staff report for the Planning Commission to consider an application to reduce the side yard setback requirements from 30 feet to 20 feet in the Residential Estate zoning district. The Planning Commission had approved a Variance for this project on April 21, 2009, which has expired and the project has not been built. The meeting was opened to the public: Glen Burgess, gave the history of the project; stated the plans are the same as previously approved; and asked the Commission to approve the Variance. Commissioner Martin stated she attended the ARC meeting and reported that ARC discussed the cross slopes and ARC would like to review the plans if any changes are made to the house. Commissioner Sperow made a motion, seconded by Commissioner Martin to adopt a resolution approving Variance 11-001; Location — 785 Easy Street; Applicants — Glen Burgess and Susan Abundis. RESOI.UTI�N NO. 11-2137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF � ARROYO GRANDE APPROVING VARIANCE 11-001; 785 EASY STREET; APPLIED FOR BY GLEN BURGESS AND SUSAN ABUNDIS PLANNING COMMISSION PAGE 2 MINUTES AUGUST 2, 2011 I The motion was approved by the following roll call vote: i , AYES: Commissioners Sperow, Martin and Chair Ruth NOES: None ABSENT: Commissioners Barneich and Keen the foregoing Resolution was adopted this 2nd day of August 2011. B. APPEAL TO PLANNING COMMISSION 11-002; LOCATION — 930 E. GRAND AVENUE; APPELLANT— LARRY GARNER & THE KINSELLA FAMILY TRUST Matthew Downing, Planning Intern presented the staff report for the Planning Commission to consider an appeal of the Community Development Director's approval of a Minor Exception waiving on-site parking requirements, concurrently processed and approved with a Plot Plan Review to establish a dance studio in an existing commercial retail building. Mr. Downing stated that two businesses have offered their property for parking for the studio. Mr. Downing answered Commission ques#ions relating to the access easement on the side of the building; on-site parking; on-street parking; and the 30 minute parking zone in front of the studio. Commissioner Ruth indicated she would like to see a parking agreement worked out. � Ms. McClish stated that the 30 minute limited parking zone in front of the studio, 930 East Grand Avenue could go back to the Traffic Commission for consideration. The meeting was opened to the public: Larry Garner, East Grand Avenue, appellant, expressed his concern with the noise; parking; safety issues and tax revenue relating to the dance studio and is not in support of the use being a dance studio for this building. He stated he has contacted two adjacent property owners, which indicated they are not interested in sharing parking and is concerned about loss of on- street parking for the adjacent theater and car dealership. Tony Flatos, Farrell Smyth Inc. agreed with Mr. Garner's concerns; stated he will not allow parking on his property and is not in support of the project. Peter Keith, East Grand Avenue property owner, stated the retail use has declined on East Grand Avenue; if the use (dance studio) is denied the building will sit empty; he does not have parking and can instruct the tenant not to park on Farrell Smyth's Inc. lot; would like the existing 30 minute parking at 930 East Grand Avenue removed; disagreed with the noise factor; and answered questions from the Commission relating to parking and previous retail use. Shelby Bundy, applicant (Pismo Beach), stated no one has complained to her about noise; parking has not been an issue to this point; talked about class size; class hours; and students have been made aware of the parking issues and where to park. Commissioner Martin stated she would like to see something in place for the parking issue to be resolved. Ms. McClish stated the City would like to see a shared parking program between property � owners; a "look back" condition could be placed on the project; answered Commission � questions regarding parking agreement; noise; and stated eliminating the existing 30 minute ! parking zone would have to go back to Traffic Commission. PLANNING COMMISSION PAGE 3 MINUTES AUGUST 2, 2011 I Commissioner Ruth expressed her concerns and is not in support of the project. Peter Keith reiterated his comments above and added not approving the use would cause a hardship to the dance studio and him; supports a parking agreement with his neighbors; and referred to the letters supporting the project attached to the staff report. Commissioner Martin made a motion, seconded by Commissioner Sperow to adopt a resolution denying appeal to Planning Commission Case No. 11-002 and approving Plot Plan Review Case No. 11-005 and Minor Exception Case No. 11-002 to allow the reduction of on-site parking requirements for the use of a commercial building in the Fair Oaks Mixed Use District as a dance fitness center, applied for by Larry Garner and the Kinsella Family with the following modifications: • the approval of this project is subject to be reviewed in six (6) months at a public hearing of the Planning Commission in order to ensure the use is not detrimental to the public health, safety, or general welfare. At such time the applicant shall provide the following data to demonstrate compliance with this permit and parking needs: ■ Class sign-in logs to demonstrate average class size ■ Weekly class schedules ■ Approximate number of cars and parking locations per class • At the time of the six (6) month review the property owner shall report on the status of obtaining a shared parking agreement. • In accordance with Development Code Section 16.12.110, if at the time of the six (6) month review it is determined by a majority vote of the Planning Commission that the required findings for Plot Plan Review, particularly number two (2), cannot be made in the affirmative, the permit shall be revoked. RESOLUTION NO. 11-2138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING APPEAL TO PLANNING COMMISSION CASE NO. 11-002 AND APPROVING PLOT PLAN REVIEW CASE NO. 11-005 AND MINOR EXCEPTION CASE NO. 11-002 TO ALLOW THE REDUCTION OF ON-SITE PARKING REQUIREMENTS FOR THE USE OF A COMMERCIAL BUILDING IN THE FAIR OAKS MIXED USE DISTRICT AS A DANCE FITNESS CENTER, APPLIED FOR BY LARRY GARNER AND THE KINSELLA FAMILY TRUST FOR PROPERTY LOCATED AT 930 E. GRAND AVENUE The motion was approved by the follawing roll call vote: AYES: Commissioners Martin and Sperow NOES: Chair Ruth ABSEIVT: Commissioners Barneich and Keen the foregoing Resolution was adopted this 2"d day of August 2011. The Commission took a break at 7:55 pm and reconvened at 8:07 pm. PLANNING COMMISSION PAGE 4 MINUTES AUGUST 2, 2011 i III. NON-PUBLIC HEARING ITEMS: A. CERTIFICATE OF COMPLIANCE 11-001; LOCATION — SOUTHEAST CORNER OF WHITELEY AND IDE; APPLICANT— BILL COCKSHOTT Community Development Director Teresa McClish presented the staff report to the Planning Commission to consider a Certificate of Compliance to verify the legality of a vacant residential lot in the Village. The meeting was opened to the public: Bill Cockshott, property owner, stated there was an error of the legal description, without having Certificate of Compliance it would be difficult to get title insurance. Commissioner Sperow made a motion, seconded by Commissioner Ruth to adopt a resolution of the Planning Commission of the City of Arroyo Grande approving Certificate of Compliance 11- 001; IocateG at the southeast corner of Whiteley and tde Streets; applied for by Bill Cockshott. RESOLUTION NO. 11-2139 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CERTIFICATE OF COMPLIANCE 11-001; �OCATED AT THE SOUTHEAST CORNER OF WHITELEY AND IDE STREETS; APPLIED FOR BY BILL COCKSHOTT The motion was approved by the following roll call vote: AYES: Commissioners Sperow, Ruth and Martin NOES: None ABSENT: Commissioners Barneich and Keen the foregoing Resolution was adopted this 2nd day of August 2011. B. TIME EXTENSION 11-002; LOCATION — 393, 395 & 397 CORBETT CANYON ROAD; APPLICANT— LEONARD LANGER Community Development Director Teresa McClish presented the staff report to the Planning Commission to consider a one-year time extension for Lot Line Adjustment 09-002. In answer to Commissioner Martin's question, Ms. McClish stated the access is a share� driveway. Leonard Langer, project representative, stated there is a shared driveway and the applicant is trying to get finance for his project. Commissioner Martin mad� � motion, seconded by Commissioner Sperow to adopt a resolution of the Planning Commission of the City of Arroyo Grande approving Time Extension 11-002; located at 393, 395 & 397 Corbett Canyon Road; applied for by Leonard Langer. RESOLUTION NO. 11-2140 i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TIME EXTENSION 11-002; LOCATED AT 393, 395 & 397 CORBETT C�NYON ROAD; APPLIED FOR BY LEONARD �ANGER __ _ _ - - PLANNIIVG COMMISSION PAGE 5 MINUTES AUGUST 2, 2011 � The motion was approved by the following roll call vote: AYES: Commissioners Martin, Sperow and Ruth NOES: None ABSENT: Commissioners Barneich and Keen the foregoing Resolution was adopted this 2"d day of August 2011. IV. REFERRAL ITEMS FOR COMMISSION ACTION/NOTICES OF ADMINISTRATIVE DECISIONS SINCE JULY 19 2011: Case No. A p. `; Address +Descri tion Action Planner : TUP 11- Boy Scout 490 E. Cherry Temporary office for troop meetings during Approved Matt 011 Troop 413 Ave. rebuilding of Boy Scout Hall Downing TUP 11- St. Patrick's 900 W. Branch Annual BBQ&Auction; September 17& Approved Matt 012 School Street September 18 Downing TUP 11- Donna's 1069 E. Grand Temporary tent for annual Labor Day Tent Approved Matt 014 Interiors Avenue Sale Downing Additionai ro'ects ma be added via su lemental A enda memorandums. V. DISCUSSION ITEMS: None VI. PLANNING COMMISSION ITEMS AND COMMENTS: None VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP: Community Development Director McClish reported Hampton Inn is open; VCA was i�sued Certificate of Occupancy and is open; Petco is still in progress; and Le Point Street parking lot is near completion, with a ribbon cutting tentatively scheduled on August 9, 2011 before the City Council meeting. VIII. ADJOURNMENT: On motion by Commissioner Sperow, seconded by Commissioner Martin and unanimously carried, the meeting adjourned at 8:30 p.m. ATTEST: . , ,fy�,,: , l \ C� ����`"`�`�: ��� DEBBIE WEICHINGER ELI ABETH RUTH, CHAIR SECRETARY TO TF4E COMMISSION AS TO CONTENT: �_ � TERESA Mc ISH, COMMUNITY DEVELOPMENT DIRECTOR ' (Approved at the September 6, 2011 meeting)