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PC Minutes 1983-09-0622 ARROYO GRANDE PLANNING COMMISSION September 6, 1983 The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Benhardt, Carr, Fischer, Moore and Olsen. Commissioner Moots is absent. Planning Director Eisner is also in attendance. MINUTE APPROVAL Upon hearing no additions or corrections, the minutes of the regular meetings of August 2, 1983 and August 16, 1983 were approved as prepared on . motion by Commissioner Benhardt, seconded by Commissioner Carr, and unanimously carried. ARCHITECTURAL REVIEW CASE NO. 83 -290, A 21. UNIT APARTMENT PROJECT, "PARK ELM ESTATES ", 243 SO. ELM STREET. (BIAFORA, WEINER AND RANELLETTI), Planning Director Eisner advised that this project was previously submitted as a 21 unit condominium project in 1983, and it is being resubmitted for architectural review as a 21 unit apartment project, and the requested use is within the scope of the Ordinance. He further advised that the matter has been taken to the Architectural Review Committee and the Staff Advisory Com- mittee for review. He noted that the Fire Department had pointed out that there were some design issues that they would like to see corrected, and these concerns were listed in a letter to the developer, dated. August 10, 1983. Mr. Eisner referred to the revised drawing submitted by the applicant address- ing the concerns listed, and he commented..that the Fire Chief felt the resubmittal was an adequate solution from his standpoint. He further com- mented that the Architectural Review Committee felt that the design was satisfactory. Mr. Eisner pointed out that there were some specific recommendations made in the presentation; the most important of which was that the applicant submit a landscaping plan for review by the Parks and Recreation Director prior to the issuance of permits, and it is his understanding that the appli- cant has agreed to do so'. : staff recommends approval of this project as submitted with the recommendations of the Staff Advisory Committee and Architectural Review Committee. After a brief discussion, Architectural Review Case No. 83 -290 was approved subject to the conditions stated by staff and those listed in the Planning Director's letter, dated August 10, 1983, on motion by Commissioner Benhardt, seconded by Commissioner Fischer, and unanimously carried. REQUEST FOR TIME EXTENSION, 21 UNIT CONDOMINIUM PROJECT, SO. ELM STREET. '( BIAFORA, WEINER AND RANELLETTI). Planning Director Eisner advised that this item should be deleted from the agenda in light of the Commission's approval action on the applicant's request for a 21 unit apartment complex:above. Chairman Gerrish announced that this item is being withdrawn by the applicant. PUBLIC HEARING - VARIANCE CASE NO. 83 -94, REQUEST FOR USE OF AN OFF -SITE WELL ON PROPERTY LOCATED SOUTHEASTERLY OF PRINTZ ROAD. (WILLIAM E. LACKEY & SON). Planning Director Eisner advised that the Variance request is for use of an off -site well to provide water to adjacent property. He read the section of the Ordinance relating to the request, as follows: "Section 9- 4.1511. Private water wells serving more than one lot may be permitted for irrigation and domestic purposes upon obtaining a use permit which shall provide that the well be located on and may only serve lots which are being created by, or have been created by, one parcel or subdivision map recorded on or after November 13, 1981." Mr. Eisner advised that the issue before the Commission this evening is a particularly narrow one, in that it is a request for a Variance for a well on an adjacent piece of property; all of the development issues are still subject to a use permit application. Staff has been in discussion both with the applicant and with concerned neighbors, and all concerned recognize that the issuance of this Variance does not relieve the applicant from the rest of the administrative responsibilities. Mr. Eisner stated he has reviewed this matter with the Public Works Director and the Staff Advisory Committee and, as a result of the review, they have recommended that if the Commission wishes to approve the request, that it be done with the conditions listed in the staff report. Upon being assured by Planning Director Eisner that public hearing for Variance Case No. 83 -94 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. 1 Arroyo Grande Planning Commission, 9 -6 -83 Page 2 William Lackey, 877 Todd Lane, applicant, spoke in favor of granting of the Variance. He stated that the well in question is located on the Rancho Grande property and was originally drilled about 15 years ago. The Rancho Grande property is zoned "P -D" and the ordinance states that you can't use a water well to furnish water in the "P -D" District. He further advised that the City is in the process of forming a water district for that area. He stated what he eventually planned to do is to serve the four parcels that are now existing with water, however, the City water district will not go high enough to serve the top three parcels with water. He further stated he would comeback for a use permit to serve those top three parcels. Mr. Lackey commented that the parcels have been sold and two of the owners at this time would like to build, but they can't proceed because there is no water. He pointed out that the problem with the proposed water district is that the top 3 parcels are above 360. ft. and the proposed water tank is 331 ft. and, therefore, cannot serve parcels above that level. He noted that the parcel isAncluded in the .City water district. He also stated that if more - than 4 parcels awe included on a well, you run into all types of problems with the State law. Mr. Bob Chapman, Costa Mesa, stated he owns one of the parcels; he has building plans approved and would like to build a house. He stated there is a. well with._ more water than anybody can use and it is available, and he can't see where there is any problem with Mr. Lackey's request. Mr. Kirkpatrick, Printz Road, stated he is not for or against the request, but he would like.to see this property developed. in 2 -1/2 acre parcels. He stated he knows about the well because he was treasurer of the proposed golf course at the time the well was drilled.. He stated it is 752 ft. deep and is in the neighborhood of 150 to 200 gallons per minute. Upon hearing no further comments for or against the proposed Variance, Chairman Gerrish declared the hearing closed. In answer to Commissioner Benhardt's question as to who would be in charge of the well, Mr. Lackey advised that this Variance request only relates to Parcel 1. Chairman Gerrish commented that if the Commission grants the Variance, they could only grant it to Parcel 1 and not Parcels 2, 3 and 4. Commissioner Carr suggested that the Variance be granted on all four of the parcels. Planning Director Eisner advised that the legal notice ad've'rtising the public hearing only referred to Parcel 1. He suggested that the matter be continued and the applicant re -file his application requesting an off -site well for the four parcels.. involved and bring it back to the Commission at the next opportunity. Mr. Lackey inquired as to the Commission's feelings about the concept of serving four parcels with an off -site well. Commissioner Olsen commented she would like to be assured by the legal owners of the well that the parcels involved would have all legal rights to the well. After further discussion, Chairman Gerrish advised that this matter would be continued to the Commission's first meeting in October, which will be October 4, 1983. TALLY HO CREEK DRAINAGE. Planning Director Eisner advised that this matter has been put on the agenda at the request of Councilman Gallagher. He noted it appeared on the agenda several weeks ago, however, due to the absence of several Commissioners, it was not discussed at that time. Commissioner Moore commented with regard to Councilman Gallagher's letter. He stated he doesn't know if all of the suggestions he proposes would work, or are even legal. Commissioner Moore further stated, in his opinion, in order to undertake a thing like this, you have to have a plan; and the City staff, the County and the State have to be involved. He pointed out that Councilman Gallagher is trying to get something done before the rains come, and since his letter was written, a man went out there and tore both dykes out so now we have another problem; also, there are other houses upon the hill that are going to drain into it; so, the problem is still there and it is not going to go away, however, he is not sure what the Commission can do about it. Commissioner Olsen stated it was her understanding that the Council is asking if the Commission approves of the concept of making the County retain their water, and there was some discussion about creating a ponding area just across Highway 227. Commissioner Moore pointed out that the area where they are talking about ponding is in the City. He stated that is where the water comes through naturally, and if you reduce the speed that the water comes under the bridge, it will be a pond. 23 24 Arroyo Grande Planning Commission, 9 -6 -83 Page 3 Planning Director Eisner noted that Mr. Karp had indicated to the Council that the work that had been done in the creek had the potential of improving the situation rather than making it worse, in that the clearing of the brush out of there would increase the volume of water that could be caried. He also stated that by clearing out the area under the bridge, a good deal of the constriction that created problems in the past had been eliminated. Commissioner Moore commented that clearing the brush out the creek is needed all the way down to Loomis' store, however, the man that did the clearing also broke the dykes in certain places. He further commented that if Mr. Gallagher is talking about a control structure of some kind to hold the water up in the horse pasture and let it go through at a normal rate, it is not impossible if it doesn't rain too hard. After considerable discussion, Chairman Gerrish suggested that a_reply be forwarded to Councilman Gallagher with the following comments: ATTEST: 1. That the Commission recognizes, and has recognized for quite awhile, that there is a problem in the Tally Ho area; 2. That a plan be developed f.or that area; •land - 3. That some of his suggestions be developed as a part of that plan. The Commission was in agreement with Chairman Gerrish's suggestion. PUBLIC HEARING - SUBDIVISION MAP; TRAQT NO. 1132, "RANCHO GRANDE ", A 134 LOT RESIDENTIAL SUBDIVISION IN THE "P -D" PLANNED DEVELOPMENT DISTRICT. (BOURDON & BURKART, AGENTS FOR OTTSE, INC.). Chairman Gerrish advised that this item is being continued to the next meeting of September 20, 1983. PUBLIC HEARING - LOT SPLIT CASE NO. 83 -383, RANCHO GRANDE, PROPERTY LOCATED ON WEST BRANCH STREET BETWEEN BRISCO ROAD AND OAK PARK ACRES. (OTTSE, INC.). Chairman Gerrish advised that this matter is being continued to the next meeting of September 20, 1983. REQUEST FOR DETERMINATION OF CONSISTENCY "IN THE "H -S" HIGHWAY SERVICE DISTRICT. (NAPA SERVICE AUTO PARTS, 930 GRAND AVENUE). Planning Director Eisner advised that a letter has been received from Napa Service Auto Parts regarding automotive parts retail and wholesale sales in the Highway Service District. Mr. Eisner pointed out that there is no provision - for auto parts sales in the "H -S" Zone and, ih his opinion, this is merely an othersight. He recommended that the Commission adopt a resolution making the finding that an automotive parts sales store is a permitted use in the "H -S" Highway Service District. There being no further discussion, the following action was taken: Secretary RESOLUTION NO. 83 -954 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DETERMINING THAT AUTOMOTIVE PARTS SALES IS A PERMITTED USE IN THE "H -S" HIGHWAY SERVICE DISTRICT. On motion by Commissioner Carr, seconded by Commissioner Benhardt, and by the, following roll call vote, to wit: AYES: Commissioners Benhardt, Carr, Fischer, Moore, Olsen and Chairman Gerrish NOES: None ABSENT: Commissioner Moots the foregoing Resolution was adopted this 6th day of September 1983. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned by the Chairman at 9:00 P.M.