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PC Minutes 1982-02-02ARROYO GRANDE PLANNING COMMISSION February 2, 1982 The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Benhardt, Moots, Pilkington and Sebastian. Commissioner Cole is absent. Planning Director Hays is also in attendance. MINUTE APPROVAL Upon hearing no additions or corrections, the minutes of the regular meeting of January 19, 1982 were approved by the Chairman as prepared. ADDITIONS OR DELETIONS TO AGENDA Planning Director Hays advised that Item #6 on the Agenda, Prezoning Case No. 82 -163, has been withdrawn by the applicant. Mr. Hays also advised he would like to discuss an additional item with the Commission, which is Tentative Tract #944, a 27 unit condominium project. Mr. Hays pointed out that the Commission had approved this project about six months ago and the proposal was for an air space condominium project. Since that time, the project has been sold and the new owner wishes to develop the project as a planned unit development. Mr. Hays explained that, physically the project will remain the same; the only difference is the way the final map is prepared, and he would like to have the Commission's acceptance of the change. After a brief discussion, on motion by Commissioner Moots, seconded by Commissioner Benhardt, and unanimously carried, the changes in the preparation of the final map for Tract #944 were accepted as noted by the Planning Director. PUBLIC HEARING - VARIANCE CASE NO. 81 -84, REQUEST TO REDUCE REQUIRED FRONT YARD SETBACK FROM 15 FT. TO 9 FT., AND TO REDUCE THE 40% OPEN SPACE REQUIREMENT, SOUTH ELM STREET IN THE "R -G" GARDEN APARTMENT RESIDENTIAL DISTRICT. (DON MC HANEY /JOHN WYNN). Planning Director Hays reviewed that at the last meeting a similar plot plan was presented and it was determined by the Commission that the applicant had not met the required open space requirement, and staff was instructed to re- advertise the public hearing to include the reduction of the open space requirement. He pointed out that the plan includes a considerable amount of driveway, one large Oak tree and three guest parking spaces on site, however, the site does not effectively have enough useable open space. He further noted that in front of the property there is a plan line for future construction of Elm Street, which will take an additional 6 ft. of the property, and it has been the policy to allow the area within the plan line to be included in the compu- tation of the open space area. He commented that the plan had been submitted too late to be included in the Commission's packets, and he did not have time to personally review them until today, therefore, he was unable to verify the amount of open space. Upon being assured by Planning Director Hays that Variance Case No. 81 -84 had been duly published, posted and property owners notified, Chairman Gerrish declared the hearing open. Mr. John Wynn, Pismo Beach, applicant, spoke in favor of the Variance being granted. He stated one of the reasons they are asking for the variance is because the City is requiring 6 ft. for the realignment of Elm Street and they are losing 420 sq. ft. of property. He further stated that the plans show 35% open space, which is only 5% less than the minimum requirement and, in his opinion, they could surely squeeze out another 5% somewhere. There being no further discussion for or against the proposed Variance, Chairman Gerrish declared the hearing closed. It was the consensus of the Commission that the Ordinance was very clear and the the 40% open space requirement should be adhered to. Commissioner Sebastian stated he is also concerned about the lack of adequate guest parking and, in his opinion the site cannot accommodate six units, and the configuration of the property is such that it is probably going to require the loss of one unit in order to get the amenities of a condominium project. After further discussion, the following action was taken: RESOLUTION NO. 82 -887 V RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING A VARIANCE, CASE NO. 81 -84 399 00 Arroyo Grande Planning Commission, 2 -2 -82 On motion by Commissioner Sebastian, seconded by Commissioner Saruwatari, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Moots, Pilkington, Saruwatari, Sebastian and Chairman Gerrish NOES: None ABSENT: Commissioner Cole the foregoing Resolution was adopted this 2nd day of February 1982. CONTINUATION (PUBLIC HEARING HAS BEEN CLOSED) - USE PERMIT CASE NO. 81 -330, 6 UNIT PLANNED UNIT RESIDENTIAL DEVELOPMENT, SO. ELM STREET IN THE "R -G" GARDEN APARTMENT RESIDENTIAL DISTRICT. (DON MC HANEY /JOHN WYNN). Chairman Gerrish pointed out that the public hearing on this matter has already been held and has been closed and, in his opinion, a decision should be made on the Use Permit request to allow the applicant to go back and redesign the project in view of the Commission's denial of the Variance request. After a brief discussion, the following action was taken: RESOLUTION NO. 82 -888 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING A USE PERMIT, CASE NO. 81 -330. On motion by Commissioner Sebastian, seconded by Commissioner Benhardt, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Moots, Pilkington, Saruwatari, Sebastian and Chairman Gerrish NOES: None ABSENT: Commissioner Cole the foregoing Resolution was adopted this 2nd day of February 1982. PUBLIC HEARING - USE PERMIT CASE NO. 82 -333, BED AND BREAKFAST INN, 120 HART LANE, "C -B -D" CENTRAL BUSINESS DISTRICT. (JAMES H. CUNNINGHAM) Planning Director Hays advised that the applicant is requesting a Use Permit to operate a two unit Bed and Breakfast Inn at 120 Hart Lane. The site is improved with a two story dwelling, and the applicant proposes to live in the house and rent out two of the rooms as a Bed and Breakfast Inn.. They are proposing four on -site parking spaces which should be sufficient for this limited operation. Mr. Hays pointed out that several months ago the Commission made a determination that this type of use would be acceptable in the "C -B -D" upon obtaining a Use Permit. Mr. Hays advised that one communication had been received from Mr. Ed Chadwell opposing the issuance of the Use Permit. Upon being assured by Planning Director Hays that public hearing for Use Permit Case No. 82 -333 had been duly published, posted and property owners notified, Chairman Gerrish declared the hearing open. Page 2 Jim McGillis, Surveyor for San Luis Engineering, representing the appli- cant, spoke in favor of the Use Permit being granted. With regard to the sewer problem mentioned in Mr. Chadwell's letter, he suggested that a condition of the Use Permit could be made requiring that proper sewer hookup be made subject to the Department of Public Works approval. He further stated that the use of a Bed and Breakfast Inn is an opportunity to help preserve the older architecture and upgrade it. Mr. Ed Chadwell, owner of Arroyo Grande Hardware, stated he is not opposed to the use, however, he is concerned about the parking and inquired as to how the number of four parking spaces was arrived at as being adequate. He also wanted the new owners to be aware that the Hardware Store unloads a lot of trucks in the back and it is very noisy; also they bring in a truckload of steer manure in the spring and unload it in the yard in the back. Roger Fuller, Century 21 Filer Realty, gave a brief explanation regarding the sewer problem. He stated that the existing owners know there is a problem With the sewer and he will be taking care of the problem prior to the close of escrow. Bill Hart, representing his Aunt, Martha Hart, 116 Hart Lane, stated they are concerned about the traffic coming off of Hart Lane and also the problems that could result because of the two -way traffic. Mr. Ron Grant, 101 Branch Street, Arroyo Grande Planning Commission, 2 -2 -82 Page 3 commented that Hart Lane is an easement given to the various people along there, and it is far from being a public street; also there is a strip of land at the rear of the hardware property that provides access for the 120 Hart Lane address. He also advised that the sewer presently runs across the hardware store property and out to Branch Street and, in his opinion are some legal problems with easements and sewers that should be taken care of along with the Use Permit to avoid any problems. There being no further comments for or against the proposed Use Permit, Chairman Gerrish declared the hearing closed. Chairman Gerrish pointed out that, as far as the easements are concerned, the Commission generally does not involve itself in easements and that is a matter between the property owners. In response to Commissioner Sebastian's question regarding the parking spaces, Planning Director Hays advised that there will be two sp4ce for the,. residence and two spaces for the two guest units. He further stated that if there is to be any expansion of the operation, he advised the applicants they would have to come in and amend their Use Permit and provide additional parking. After further discussion, the following action was taken: RESOLUTION NO. 82 -889 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 82 -333. On motion by Commissioner Benhardt, seconded. by Commissioner Pilkington, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Moots, Pilkington, Saruwatari, Sebastian and Chairman Gerrish NOES: None ABSENT: Commissioner Cole the foregoing Resolution was adopted this 2nd day of February 1982. PUBLIC HEARING - USE PERMIT CASE NO. 82 -332, TWO FREE STANDING SIGNS, 1464 GRAND AVENUE, LUCKY /PAYLESS SHOPPING COMPLEX IN THE "H -S" HIGHWAY SERVICE DISTRICT. (INNOVATIVE GRAPHICS). Planning Director Hays advised that the applicant has filed for a Use Permit to allow two free - standing signs to be located at the new Lucky /Payless Drug Complex. Each sign will have two faces each, which will be 120 sq. ft. in size which is in conformance with the Ordinance requirements. He further advised that the signs have been reviewed by the Architectural Review Committee and they have recommended approval as proposed. Upon being assured by Planning Director Hays that public hearing for Use Permit Case No. 82 -332 had been duly published, posted and property owners noti- fied, Chairman Gerrish declared the hearing open. Greg Southcout, 1473 Brighton, inquired about the height of the sign. Planning Director Hays advised the signswil1 be 30 ft. high. and will be per- pendicular to Grand Avenue, so they won't be seen from the street above. There being no further comments for or against the proposed Use Permit, Chairman Gerrish declared the hearing closed. Commissioner Sebastian commented that to make it a more attractive sign, he would suggest that the sign background be done in wood to match the archi- tecture of the shopping complex and that only the letters be in bold color. Commissioner Benhardt agreed with Commissioner Sebastian stating he felt the signs would be more attractive and more appropriate if they matched the decor of the shopping center. After further discussion, the following action was taken: RESOLUTION NO. 82 -890 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 82 -332. L. 01 L. 0 Arroyo Grande Planning Commission, 2 -2 -82 Page 4 On motion by Commissioner Sebastian, seconded by Commissioner Benhardt, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Moots, Pilkington, Saruwatari, Sebastian and Chairman Gerrish NOES: None ABSENT: Commissioner Cole the foregoing Resolution was adopted this 2nd day of February 1982. REVIEW - REQUEST FOR USE PERMIT FOR CONVERSION OF A 28 UNIT APARTMENT COMPLEX TO CONDOMINIUMS IN AN "R -3" DISTRICT, 1173 FAIR OAKS AVENUE. (W. VON BISKUPSKY) Planning Director Hays advised that approximately a year ago the Planning Commission considered Use Permit Case No. 81 -314, which was a request to allow conversion of a 28 unit apartment complex to air space condominiums at 1173 Fair Oaks Avenue. After review of the matter, the Commission made the determination that the Use Permit should be continued pending review of the Housing Element of the General Plan by the Commission and City Council. He further advised that the draft of the Housing Element has not yet been completed. Mr. Hays stated that the applicant is now requesting action on his Use Permit request, and the matter is being brought before the Commission for a determination on whether or not they want to set the matter for public hearing. Mr. Hays further stated it is his recommendation that a public hearing not be set because the situation has not changed, and until such time as the Housing Element is completed, he doesn't feel the Commission could adequately address this issue. In addition, Mr. Hays pointed out that in checking the building records over the last two years, there have been no permits issued for rental units in the City. Mr. Biskupsky, applicant for the Use Permit, presented a proposal to the Commission whereby he could provide 4 or 6 units at a lower cost to the buyers instead of meeting some of the conversion requirements. He also stated he has been waiting a year for an answer to his request and inquired about the status of the Housing Element. Planning Director Hays advised it could be several months yet before a draft can be completed. Chairman Gerrish commented that it is his feeling if Mr. Biskupsky wishes to have the Commission consider the application before the element is completed, he has a legitimate right to apply for the conversion and is entitled to a public hearing. Commissioner Sebastian stated, in all fairness to the applicant, he didn't feel that the Commission could responsibly respond at this time and he wouldn't be in favor of bringing the matter back until completion of the Housing Element. Commissioner Pilkington commented that since nothing has been done since the hearing a year ago then, in his opinion, nothing would be accomplished by responding to the matter at this time. Mr. Biskupsky stated he would like to have the matter considered again as soon as possible. Chairman Gerrish requested•a voice vote of those Commissioners who would be in favor of setting the Use Permit for public hearing. The vote was 5 to 1 in favor of setting the matter for public hearing as soon as possible. COMMUNICATIONS Planning Director Hays advised the Commission of the League of California Cities Meeting in February and extended an invitation to Commissioners and their spouses to attend. Commissioner Sebastian inquired about the status of the draft of the Resources study. Planning Director Hays advised that the report was submitted to the Council for discussion and review. He stated no action was taken on it other than the Council had instructed the City Administrator to check on the possibility of having an outside consultant come in and compile a report. Mr. 1 -lays advised he would include a copy of the draft in the Commission's next agenda packet for their review. Chairman Gerrish reported that Commissioner Benhardt has agreed to serve on the Architectural Committee replacing Commissioner Saruwatari. ADJOURNMENT There being no further business before t/ ommis 'o , Chairman Gerrish adjourned meeting at 9 t5 P. M. ATTEST: Secretary Chairma