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PC Minutes 1982-09-07:ARROYO GRANDE`PLANNING COMMISSION' . September 7, 1982 .._ The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Benhardt, Carr, Cole, Moore and' - 'Pilkington. Commissioner Moots is. absent. Planning Director Hays is also'in attendance. MINUTE APPROVAL The minutes of the regular meeting of August 3, 1982 were approved as prepared on motion by Commissioner Benhardt, seconded by Commissioner Cole, and unanimously carried. COMMUNICATIONS a. Review -Plan for Controlling Rear Access - Private Recreation Center, 601 Grand Ave. (Laura Zumbrum). Planning Director Hays advised that Tony Spinelli had called him and requested that this matter be continued to the next meeting because of the fact that the owner is out of town. b. Review -of Revised Phasing Plan for Tract No. 950, "Marlo West Condominiums ", 1259 Farroll Ave. (Fuller /Davino). Planning- Director Hays noted that at the Commission's last meeting a request was presented for a phasing concept of the subject condo - minium_project. He stated that the Commission had approved the phasing concept the condition that the proposal can be accomplished, from a building standpoint, without any problems. Mr_ Hays-further stated that, as it turns out, it was not feasible- -to.split the phases between the units indicated on the-plans, and the applicants are now requesting a revised phasing plan. After-a- brief review, the revised phasing plan was approved on motion =b -- Commissioner Moore, seconded by Commissioner Cole, and unanimously carried. c. Request..for, Final Map Extension, Tract No. 761, "Rancho Grande" Project.. -.(Peter C. Miller, Inc., Agent for OTTSE INC:). Planning_ Director Hays advised that the Commission and Council had recently approved changes to the Subdivision Ordinance relative to the time a tentative map approval is good for and the number =of time extensions in which to file a final map. He stated- - that in this particular case the applicants have received approval of their tentative map, and they have also received a - one year extension. Under the new provisions, they are entitled to two 1 year extensions, and they are now re- questing a final one year extension to February 18, 1984. After a brief discussion, a one year extension was granted to February - =i8, 1984 for filing of the final map of Tract No. 761, on motion by Commissioner Cole, seconded by Commissioner Pilkington, and unanimously carried. PUBLIC HEARING - REZONING CASE NO. 82 -166, ZONE CHANGE FROM "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT (40,000 SQ. FT. MIN. BLDG. SITE) TO "RA -B2" (20,000 SQ. FT. MIN. BLDG. SITE), 345 TALLY HO ROAD. (MIRESSMAIL AMJADI). Planning Director Hays advised that the applicant has submitted an application for rezoning of a 1.15 acre parcel at 345 Tally Ho Road from "RA - B3" to "PA - B2 ". He noted that the property immediately adjacent to the west of the subject property was recently rezoned to "RA -B2 ", with the remainder of the surrounding properties being zoned "RA -B3 ". He further noted that the site has an existing dwelling on it, and the applicant wishes to change the zoning to allow the division of this property for the con- struction of an additional residence. Mr. Hays recommended that the Commission approve a Negative Declaration for this project if they wish to consider a recommendation of approval to the City Council. Upon being assured by Planning Director Hays that public hearing for Rezoning Case No. 82 -166 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. 1 1 a . .Arroyo Grande Planning Commission, 9 -7 -82 - Page 2 Mr. Vincent Lechner, 337 Tally Ho Road, Agent for the applicant, stated that the existing dwelling is located toward the north side of the lot so there • is plenty of clearance to make a flag lot. Commissioner Moore pointed out that there is a high water table in that area. Mr. Lechner commented that he has the lot adjacent to the subject property and he doesn't get the water he used to get since the ditches have been put in. Upon hearing no further comments for or against the proposed rezoning, Chairman Gerrish declared the hearing closed. Commissioner Cole commented that she is glad to see utilization of the land rather than having huge lots. Commissioner Benhardt stated he agreed with Commissioner Cole. Commissioner Carr inquired if this additional develop- ment would add to the flooding problems out there. Planning Director Hays stated that, in his opinion, he didn't feel the development would be that significant. Chairman Gerrish pointed out that the City did do extensive work on Tally Ho Road a few years ago relative to a drainage system. Jim Garing, of Gering, Taylor & Associates, commented that they did a plan for .the City, that. '_provides.._the - .drainage .to.. the_ Tally. Ho area., however, it was never implemented apparently because of the property owners. Planning Director Hays stated that he reviewed the Environmental Assessment for the project, and recommended that if the Commission recommends approval of the rezoning =, that they also recommend approval of the Negative Declaration. He further stated -that if there are problems relative to drainage, that will become more apparent in the Lot Split hearing, and the Commission can - appropriately condition the lot split at that time. Commissioner Carr stated,_in opinion,_to_rezone the property without having a drainage plan to implement is just asking for more trouble. Commissioner Moore stated that he has been studying this whole thing for about 25 years, and the problem originates in of San Luis Obispo, and there needs to be a continuation of the plan that - has already.:been put together by the City of Arroyo Grande. Chuck Fellows,. TaIly Ho Road, stated that he observed the water during the last heavy rain storm and it_came mainly from within the City Limits. and, in his opinion, -it probably comes-from-the Amjadi property. He commented it is his feeling that the Commission should address the question of where the water is coming from before allowing the lot split. After discussion regarding the environmental determination, on motion by Commissioner Cole, seconded by- Commissioner Pilkington, and carried with one "no" vote; recommending to - the City Council that the Negative Declaration be approved. RESOLUTION NO. 82 -918 Z RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF AN AMEND- MENT TO THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE AS PROVIDED BY CHAPTER 4 ZONING, ARTICLE 32 OF SAID CODE. On motion by Commissioner Cole, seconded by Commissioner Pilkington, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Cole, Moore, Pilkington and Chairman Gerrish NOES: Commissioner Carr ABSENT: Commissioner. Moots the foregoing Resolution was adopted this 7th day of September 1982. PUBLIC HEARING - VARIANCE CASE NO. 82 -87, REDUCTION OF REQUIRED 5 FT. SIDE YARD SETBACK TO 2 FT. 'FOR CONSTRUCTION OF A CARPORT, 1055 ASH STREET IN THE "R - 1" SINGLE FAMILY RESIDENTIAL DISTRICT. (ALAN HOWELL). Planning Director Hays advised that the Variance application is to reduce the required side yard setback from 5 ft. to 2 ft. for the purpose of constructing a carport adjacent to the residence. He noted that the proposed reduction should not impact adjacent property owners because an access road for a flag lot lies between this property and the residence to the west. Upon being assured by Planning Director Hays that public hearing for Variance Case No. 82 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. - :'Arroyo Grande Planning Commission 9 -7 -82 Upon =hearing - no comments, from the audience for or against the proposed' Variance,,. Chairman Gerrish declared. the hearing closed., . After._a brief discussion by the Commission, the following \ action was AYES: NOES: ABSENT:., Commissioner Moots the. foregoing Resolution -was defeated :September 1982 f RESOLUTION NO. 82 - 919 V RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 82 -87. On motion by Commissioner Cole, seconded by Commissioner Carr, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Carr, Cole, Moore, Pilkington and Chairman Gerrish NOES: None ABSENT: Commissioner Moots the foregoing Resolution was adopted this 7th day of September 1982. PUBLIC HEARING - PROPOSED AMENDMENT TO ORDINANCE NO. 153 C.S. INDICATING NO FURTHER DIVISION OF PROPERTY IN TRACT NO. 600, (35 ACRES LAYING BETWEEN BRANCH MILL ROAD AND THE ARROYO GRANDE CREEK, EASTERLY OF TRACT 256; "GREENWOOD MANOR ".) For background information, Planning Director Hays advised that in 1977 the Commission__-and.City Council approved the rezoning of Tract No. 600 to "A -D" - Agricultural with- the "=D" Override to provide a basic five (5) acre minimum parcel size:. In addition, at was the Council's intent to further prohibit future- splits of this_Tract, and on July 10, 1979 the Council instructed the Planning Director. -to amend the - -Ordinance to stipulate no further divisions. He pointed out that this amendment was never accomplished and there continues to be confusion-over the meaning-of the " -D" Override and,.. therefore, at the direction of theHCouncil, the proposed amendment is being presented to stipulate that there shall be - -no further-divisions of property in Tract No. 600. He noted that this tract -35 acres and, as a matter of information, there are no parcels that - could - be further__split without rezoning, and the intent of this Ordinance is - _to - prohibit rezoning and further lot splits. Upon__being-assured by Planning Director Hays that Proposed Amendment to Ordinance No. 153: C. S. had been duly published and property owners notified, Chairman Gerrish declared the- hearing open.. Mr. H. E_= Bean,_1620 -50. Elm_St., Oceano, stated he owns 10 acres_of the 35 acres-under discussion,. and spoke against the proposed amendment_ He stated that _there are some problems with the lot lines that need to be corrected before City says there can be no further splits. He pointed out that there reeds to be some lot lines adjusted, and that the drainage ditch creates a problems_ Mr. William Beeman, 1259 Branch Mill Road, stated he is_in_favor of the proposed amendment to prevent any further loop- holes being created. Mr. Bowen, Rt. 1, Box 44, Arroyo Grande, stated he owns Parcel 3 r? C;n'.- - -n 'xt to-the-Tract and, in his opinion, the amendment is not necessary and should be denied. There being no .further comments for or against the proposed amendment, Chairman Gerrish declared the hearing closed_ Commissioners Cole and Pilkington agreed that the basic 5 acre minimum parcel size is in the Zoning Ordinance and they didn't feel there is a need for this amendment. Chairman Gerrish commented that the amendment may be redundant but he couldn't see any harm in recommending the amendment. After further discussion, the following action was taken: RESOLUTION NO. 82 -920 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING DENIAL OF AN AMENDMENT TO ORDINANCE NO. 153 C. S. On notion by Commissioner Cole, seconded by Commissioner Pilkington, and by the following roll call vote, to wit: Commissioners Benhardt, Cole and Pilkington Commissioners Carr, Moore and Chairman Gerrish due to'.a split vote this 7th day o Page 1 1 1 1 ' Arroyo Grande Planning .. Commission, . 9 -7 -82 RESOLUTION NO. 82 -921 -- RESOLUTION OFTHE- =PLANNING COMMISSION OF THE - CITY OF ARROYO GRANDE APPROVAL OF AN AMENDMENT TO..THE -ZONING ORDINANCE, SECTION 9- 4.808 (a) "MINIMUM YARDS REQUIRED" IN- THE "R -G" RESIDENTIAL_ GARDENAPARTMENT DISTRICT.. RESOLUTION NO. 82 -922 After'a.brief discussionon motion by Commissioner.Carr, seconded by Commissioner. ;Moore, and carried witl one "no" - vote, that the proposed amendment be forwarded'";' to the City Council without a recommendation other than.that if they do optto `revise the Ordinance; that they consider the lot line adjustment question to provide for lot line adjustments below . 5 acres. TRACT NO. 954, "VILLA LOS BERROS", LOCATED AT VALLEY ROAD AND LOS BERROS ROAD. .(GARING FARMS). - Architectural Review Case No. 82 -261. Planning Director Hays reviewed that a condition of approval of this Tentative Subdivision was that the Planning Commission review the architectural scheme of the project. He advised that the Architectural Review Committee has reviewed the proposed development and are recommending approval as shown on Exhibit "A "._ Jim Garing, representing Garing Farms, briefly described the proposed development. After a brief discussion, on motion by Commissioner Benhardt, seconded by Commissioner Cole, and unanimously carried, Architectural Review Case No. 82 -261 was approved as recommended by the Architectural Review Committee subject to the condition noted in their report dated September 2, 1982. CONTINUATION (PUBLIC HEARING CLOSED)- PROPOSED AMENDMENT TO THE ZONING ORDINANCE, SEC. 9- 4.80.8'(a)- "MINIMUM YARDS - REQUIRED ", "R -G" RESIDENTIAL GARDEN APARTMENT DISTRICT. Planning Director Hays noted that a few months ago, at the direction of the Planning Commission, - he had prepared an amendment to the setbacks in the "R -G" District. - The proposed- amendment indicates that no matter which way a building is -s i noted. on a -_lot, there will still be a 10 ft. setback between the dwelling and the rear property line. After- a_-brief discus.sion,.the following action was taken: On motion by Commissioner Cole, seconded by Commissioner Benhardt, and by the following : roll -call- :vote - , to wit: AYES -: Commissioners - -- Benhardt, Carr, Cole, Moore, Pilkington and Chairman Gerrish NOES: None ABSENT: -- - - -- Commissioner -Moots the foregoing Resolution was adopted this 7th day of September 1982. PROPOSED AMENDMENT TO THE ZONING ORDINANCE: Sec. 9 -4.406 - "A" DISTRICT - PARCEL SIZE AND LOT WIDTH REQUIRED (A). Planning Director Hays commented that he has recently been reviewing the General Plan to determine if there are inconsistencies and, after looking at the Land Use Element and cross checking it with the Zoning Ordinance, he found some minor discrepancies and he is requesting that they be rectified. He stated that the Zoning Ordinance only discusses a 1 -1/2 acre minimum parcel size in the "A" District, while the Land Use Map has a designation for Agriculture with Class I and II soils showing a 5 acre minimum parcel size. He pointed out that his proposal is that the Zoning Ordinance be amended to indicate minimum parcel sizes in the " -D" Override District and when the "A" zoning is on Class I and II soils. He further commented that the Land Use Element will be changed to reflect this clarification; it will show a 5 acre minimum parcel size on Class I and II soils, and a 1 -1/2 acre parcel size on the remainder of the "A" zoned property. There being no discussion, the following action was taken. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF AN AMEND- MENT TO THE ZONING ORDINANCE, SEC. 9- 4.406, "A" AGRICULTURAL DISTRICT. ATTEST: Arroyo Grande-Planning Commission; On'motion.by Commissioner: Cole, seconded.by Commissioner •by the following roll call vote,.;to,wit: AYES NOES: ABSTAIN: ABSENT: Commissioners Benhardt, Cole, Moore, Chairman Gerrish None. Commissioner Carr • Commissioner Moots the foregoing Resolution was adopted this 7th day of September 1982. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned by the Chairman at_9:20 P.M. Secretary Chairman Pilki and