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PC Minutes 2010-09-07 MINUTES PL.ANNING COMMISSION SEPTEMBER 7, 2010 6:00 P.M. i ; CALL. TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Brown presiding; also present were Commissioners Barneich, Keen, Martin and Ruth. Staff inembers in attendance were Community Development Director Teresa McClish, Planning Manager Jim Bergman, Associate Planner Ryan Foster; Assistant City Engineer Mike Linn; Fire Chief Mil�e Hubert; and Building Official John Hurst, ANNOUNCEMENTS: None AGENDA R�VIEW: It was moved by Chair Brown, seconded by Commissioner Ruth and unanimously c�rried that the order of the agenda be revised to hear Item III. A. first. APPROVAL OF MINUTES: Chair Brown made a motion, seconded by Commissioner Ruth to approve the minutes of August 3 and August 17, 2010 as presented, upon roll call vote: AYES: Chair Brown, and Commissioners Ruth, Barneich and Martin; NOES: None; ABSTAIN: Commissioner Keen. L A. ORAL COMMUNICATIONS: None B. WRITTEN COMMUNICATIONS AFTER AGEt�DA PREPARATION: The Commission received the following material after preparation of the agenda: 1. A copy of a letter dated 2 August 2010 addressed to Peoples' Self-Help Housing Corporation from Oasis Associates reyarding proposed Food 4 Less. I 2. A copy of a letter dated September 3, 2010 addressed to the Planning Commissioners from Peoples' Self-Help Housing Corporation opposing the proposed Food 4 �ess project. 3. A copy of letter dated September 3, 2010 addressed to the Planning Commissioners from Carolyn Johnson, Member, Board of Directors, Peoples' Self-Help Housing, requesting to continue the public hearing to a date certain, direct the applicant to revise the rear elevation of the Food 4 Less building and return the project design to the Commission. 4. A copy of letter received on September 7, 2010 addressed to the Planning Commission/City Council from Tony M. Ferrara opposing the proposed Food 4 Less project. 5. A copy of an email dated September 7, 2010 addressed to the Planning Commissioners f�om Michael Byrum opposing the proposed Food 4 �ess project. 6. A copy of an email dated September 7, 2010 from Amy Turner opposing the proposed Food 4 Less project. 7. A copy of an email dated September 7, 2010 from Del Clegg/Charter Cookie Crock Mkts informing the Commissioners of No.'s 8 and 9 below. 8. A copy of a letter received on September 7, 2010 addressed to the Planning Commission from Cookie Crock Warehouse opposing the proposed Food 4 Less project. 9. A copy of a letter received on September 7, 2010 via email addressed to The Vons Companies, Inc. from Russell S. Read, opposing the proposed Food 4 Less project. 10. A copy of an email dated September 7, 2010 from Tara Da Re opposing the proposed Food 4 Less project. '; 11. A copy of an email dated September 7, 2010 from Trisha Oksner opposing the proposed � ' Food 4 Less project. 12. A copy of petition with 597 signatures opposing the proposed Food 4 Less project. 13. An article on "Why Buy Local?" presented at the meeting from Spencer's Fresh Markets. PLANNING COMIVIISSION PAGE 2 MINUTES SEPTEMBER 7, 2010 14. The Commissioners were provided a copy of a letter, along with pictures dated August 26, 2010 addressed to Ms. McClish from In-N-Out requesting approval to install a recessed LED lighting element underneath a proposed upgraded and custom cornice detail. III. NON-PUBLIC HEAR!NG ITEM: A. ARCHITECTURAL REVIEW CASE NO. 10-002; APPLICANT — IN-N-OUT BURGER; LOCATION — 1170 WEST BRANCH STREET Planning Manager Jim Bergman presented the staff report for the Planning Commission to consider a request to modify exterior elevations to include a custom cornice detail and recessed LED lighting system for In-N-Out Burger located at 1170 West Branch Street. In answer to Commissioners questions, Planning Manager Bergman named a few businesses that have perimeter lighting in the City: Quarter Deck, Kennedy Club Fitness and Carl's Jr. Mark Noack, Project Representative, Hamburger Lane, Baldwin Park, provided the following comments: he asked why other business are allowed LED lighting and not In-N-Out; trying to bring more attention to the building silhouette at night; the recessed LED cannot be directly seen from the exterior of the building; several trees block the top of the building; and Arroyo Grande is the 250th In-N-Out to open. In reply to Commissions comments, Mr. Noack indicated pruning trees does not give the enhanced silhouette of the building; the LED creates a halo up and down the building. Commissioner Keen suggested to install ground lighting instead of the requested recessed LED lighting. Commissioner Brown indicated that at a previous meeting, the Planning Commission voted against the monument sign and LED lighting. Mr. Noack stated he would go on record that as a representative for In-N-Out he would not request any further mc�difications to the In-N-Out Burger project. Chair Brown opened the meeting for public comments and hearing none closed the public comment period. Commission discussion included the fact that Commission has previously denied the request for exposed perimeter lighting; the LED lighting does not serve a safety purpose or aid in entering the building; and is not appropriate for Arroyo Grande; a sign company installed the Quarter Deck lighting without a building permit, which now is covered at the request of the City Council. Commissioners Barneich and Keen indicated they do not support the LED perimeter lighting. Commissioner Ruth said the lighting is along the freeway; visibility is important and supports the LED lighting. Commissioner Martin indicated she was torn at this point and suggested LED lighting on a section of the building, i.e. tower area or drive thru for visibility. Commissioner Brown indicated that there was give and take for approva( of In-N-Out at a previous meeting and opposes the LED lighting; supports ground lighting and concerns with monument sign and indicated that the Commission's decision can be appealed to City Councll. It was moved by Commissioner Keen, seconded by Commissioner Barneich and unanimously carried to modify exterior elevations to include a custom cornice detail and deny the recessed ( LED lighting system. PLANNING COMMISSION PAGE 3 MINUTES SEPTEMBER 7, 2010 II. PUBL.IC HEARING ITEM: A. SPECIFIC PLAN AMENDMENT CASE NO. 10-001, TENTATIVE PARCEL MAP CASE NO. 10-001, CONDITIONAL USE PERMIT CASE NO. 10-001; APPLICANT — NKT COMMERCIAL C/O NICK TOMPKINS; LOCATION —SOUTHWEST CORNER Mr. Foster indicated that this item was continued from the August 17, 2010 Planning Commission meeting and presented the staff report for the Commission to consider a Specific Plan Amendment, Tentative Parcel Map and Conditional Use Permit (adopt Resolution with preferred Condition of Approval #5); southwest corner of East Grand Avenue and south Courtland Street. Mr. Foster clarified that subareas 3 and 4 are up for discussion tonight regarding the Specific Plan Amendment and stated that staff has received numerous comments on the Conditional Use Permit. Mr. Foster responded to Commission questions regarding pedestrian access, runoff, parking and affordable housing. Chair Brown o��ned the meeting for public comments: Carol Florence, Principal, Oasis Assoc;iates, Inc., stated that the applicant, architect, real estate agent, and owner are present on behalf of Foc�� 4 Less; asked the Commission to adopt the Resolution with Condition of Approval #5. B. and thanked Building Official Hurst, Fire Chief Hubert; Community Development Director McClish and Planner Foster. Ms. Florence addressed the fire issues; gave a brief history of the lot line adjustment for sub � areas 3 and 4; gave names of businesses that were approached to facilitate this site; in 2010 Food 4 Less was contacted; changes in response to People's Self Help were made; and modifications for the proposed project were made as recommended by ARC. Richard Sarris, Director of Real Estate, Food 4 Less, stated that Food 4 Less will create 120 — 125 jobs; will hire locally; covered employee benefits; and stated the store returns money back to the community. Commissioner Barneich inquired about moving the building to the East Grand Avenue frontage. Mr. Sarris indicated that they did not want customers to park in the rear of the building and walk to the front to enter. In answer to Commissioner Brown, 15 — 20 percent of customers come from the Five Cities area to shop in the San Luis Obispo Food 4 Less; the smallest Food 4 Less store is 43,000 sq. ft., located in Stockton; addressed moving all the property line issues stating that you will lose parking and would make the business intangible; the franchise would not agree to operate unless the store is open for 24 hours. Commissioner Brown stated that most food items do not have sales tax. Mr. Sarris reported that approximately 5% is taxable. In response to Commissioner Brown, Community Development Director McClish reported that $67,000 in sales tax is based on what the applicant has submitted. In response to Commissioner Barneich, the night crew restocks the store and delivery hours can be restricted. Tim Sheil, Architect, addressed building design. Nick Tompkins, NKT, gave the history of the property; said $500,000 per week in groceries � are leaving this area. In answer to Commissioner Brown, Mr. Tompkins stated that the ' highest and best use for the property is hotels; and indicated he has no other tenant/option � for the back part of this site but has interest for the front of the site. . .--____ .__ ...... ..... _... ..._. ..... ..... ..__ __.._ _.___ } PLANNING COMMISSION PAGE 4 MINUTES SEPTEMBER 7, 2010 In answer to Commissioner Keen, Mr. Tompkins indicated that architecture fits well with what is designed at the back of the site. ' In answer to Commissioner Barneich, Mr. Foster said the store could be moved a little bit to the front and Mr. Linn stated the driveways were the best compromise. The Commission took a break at 8:15 pm. and reconvened at 8:26 pm. The meeting was opened to the public: Carolyn Johnson, Member, Board of Directors, Peoples Self-Help Housing Corporation (PSHC), indicated that PHSC is proposing to develop 34 of 50 units; referred to her letter above dated September 3, 2010. Michael Byrum, Dodson Way, Produce Manager, Spencer's Market, opposed Food 4 Less. Del Clegg, Cookie Crock Market said the Food 4 Less in San Luis Obispo was not a 24 hour store in the beginning; trucks will be sitting out in the street; there will be a 22.6% market leakage; suggested to look at sales tax number; concern with parking and back wall; will have an economic impact with the businesses in the shopping center; concern with signage, and the 8' roll up door. Benadene Duffin, asked why the developer did not talk to the residents that live in the area and the adjacent stores; and suggested recreational and specialty stores for this site. Scott Smith, Empleo, San Luis Obispo and Bruce Fraser, San Luis Obispo, PSHC, said when they bought the site next door, the Berry Gardens Specific Plan, they did not anticipate large building on property line; indicated this is an unpleasant living environment with no setback; the Specific Plan said 48 houses and that they will be lucky to get 36, which may go down to 28 and would like to see cooperation on property line. In answer to Commissioner Brown he indicated that the building are set backs are 10' minimum to a little less than 20'; has very little room to move; and indicated that he is working with Community Development Department on a parking reduction; have an issue with Statutory 9 of the Fire Code adopted and have not been able to meet the objective; and the buildings will need to come down to two stories. Chad Sorenson, Maple Street, stated he is not opposed to a commercial project, government agencies should not bend rules; concern with loading area, concern with quality of life and safety, he supports the multiple walkway from East Grand Avenue to the grocery store; concern with left hand turn from East Grand Avenue; the proposed fire access lane on west side of building has no turn around; in favor of developing smaller stores; concern with traffic and adding trucks; there should have been more advertisement for the hearing and oppose the project: Russell Read, East Grand Avenue, Cookie Crock Warehouse, said there are six employees here that are in opposition to the store and stated Nick Tompkins is the owner of the building occupied by the Warehouse. � Richard Duffin, Newport Avenue, said there only so many dollars you can divide between the � seven with Wal-Mart; suggested the area be developed of smaller stores; and is opposed to Food 4 Less. � PLANNING COMMISSION PAGE 5 MINUTES SEPTEMBER 7, 2010 � � Mr. Spencer, Collado Corte, representative of Spencer's Market, said approximately six years ago he was contacted by Mr. Strong to change the retail encroachment of East Grand Avenue, in which many changes were made at the shopping center; talked about gateway project; this would cause an economic impact to his employees; concern with the other smaller businesses that surround his center; challenged design group to look at other options; stated businesses are searching for revenue; and feels that the shopping dollars going out of the area are going to Costco. Beatrice Spencer, Rancho Parkway, opposes project; concern with driveway on Courtland going � across to other driveway and opposes the project. Jennifer Steele, Arroyo Grande and Chris Insalaco, Elm Street, oppose the project. Wendy Beckom, Hilicrest Drive, is concerned with traffic; and said there should have been more advertisement for this hearing and opposes the project. , Carol Florence, �eferenced to ordinance for Berry Gardens Specific Plan, will revise signage and would like PSHC as a neighbor. In response to Commissioner Ruth, Mr. Sarris said parking varies during the day, 50 — 60 parking spaces will be used by employees. Mr. Tompkins said in the process of purchasing/dividing there was always an assumption to Ia zero setback until about 30 days ago. To solve fire plan they did not want conflicting � crossing to CVS driveway. In answer to Commissioner Barneich, Food 4 Less is not bigger than Albertsons. The Commission took a break at 9:45 pm and reconvened at 9:50 pm. Carol Florence responded to additional questions and said Food 4 Less is looking forward to coming into this area. Commissioner Barneich referenced the Cookie Crock letter indicating there is no conspiracy. There is a problem with the size of the store. The setbacks, size, and use they are asking for are allowed; the pros of the project is developing a vacant lot; restaurant site will be nice; the tax revenue may increase a little at what expense? At this site, Food 4 Less does not seem like a cohesive project; and agrees with Carolyn Johnson's letter regarding 2007 Strategic Plan. In answer to Commissioner Keen, Mr. Foster clarified that the proposed signage is under Architectural Guidelines for the subareas. He said he would like to see the PSHC reverse the project; moving forward will cause problems for traffic in/out of the two projects; opposes moving off of zero and circular tower; in favor of a new plaza at Courtland/East Grand; concern with economic impact. ; Commissioner Ruth said the fire access needs to be ironed out before approving anything; � would have to see some kind of buffer between Food 4 Less and PSHC, cannot support the resolution due to not making the findings. � PLANNING COMMISSION PAGE 6 MINUTES SEPTEMBER 7, 2010 I, Jennifer Martin thanked the audience for coming out and the applicant for the new � development; prefer to keep line where it was and then buffer; support tower but not color; � cannot see putting Food 4 Less in front of sidewalk; supports the property line and does not feel the projects blend together. Commissioner Brown stated the project cannot be taken separately, they have to come in together and as Planning Commissioners we must consider the businesses already established. Commissioner Barneich made a motion, seconded by Commissioner Ruth, to direct staff to return with a resolution to deny Specific Plan Amendment Case No. 10-001; Tentative Parcel Map Case No. 10-001, Conditional Use Permit Case No. 10-001. The motion passed upon roll call vote: AYES: Commissioner Barneich, Ruth and Chair Brown NOES: Commissioners Martin and Keen ABSENT: None the foregoing Resolution was adopted this 7th day of September 2010. IV. REFERRAL ITEMS FOR COMMISSION ACTION/NOTICES OF ADMINISTRATIVE DECISIONS SINCE AUGUST 17, 2010: None V. DISCUSSION ITEMS: Community Development Director McClish stated that staff talked to owner of the Liquar Store located at Fair Oaks Avenue and Traffic Way and the owner will install concrete wheel stops to protect vehicles encroaching on the sidewalk from the parking lot on the Fair Oaks Avenue side and reported that St. Patrick's School will plant the new trees with their next phase. VI. PLANNING COMMISSION ITEMS AND COMMENTS: Commissioner Barneich will not be at the next regular meeting of the Commission. VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP: None VIII. ADJOURNMENT: Upon motion by Chair Brown, seconded by Commissioner Ruth and unanimously carried the meeting adjourned at 10:30 pm. ATTEST: _.---�-----� P �, ` ._..��=�„"'.�� - �� � DEBBIE WEICHINGER TIM BROW , CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: � tF�e ) � ' TERE A McCLISH, COMMUNITY DEVELOPMENT DIRECTOR (Approved at the October 5, 2010 meeting)