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PC Minutes 1982-01-05ARROYO GRANDE PLANNING COMMISSION January 5, 1982 The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Benhardt, Cole, Moots, Pilkington and Sebastian. Commissioner Saruwatari is absent. Planning Director Hays is also in attendance. REQUEST FOR TIME EXTENSION, TENTATIVE TRACT NO. 921, 23 UNIT COMMERCIAL .CONDOMINIUM DEVELOPMENT, 321 AND 327 SO. HALCYON ROAD. (RANCHO SANTA FE CO.) Planning Director Hays reviewed that on May 20, 1980 the Planning Commission approved Tentative Tract No. 921, which created a 23 unit com- mercial condominium development at 321 and 322 So. Halcyon Road. He advised that the applicant is requesting a time extension in which to file a final map. The current map with the time added for the period that the sewer moratorium was in effect will now expire on February 8, 1982, and a one year time extension may be granted for this tract map. After a brief discussion, on motion by Commissioner Sebastian, seconded by Commissioner Benhardt, and unanimously carried, a recommendation was made to approve a one year extension on Tentative Tract Map No. 921. PUBLIC HEARING - VARIANCE CASE NO. 81 -84, REQUEST TO REDUCE REOUIRED FRONT YARD SETBACK FROM 15 FT. TO 9 FT., SO. ELM STREET IN THE "R -G" GARDEN APART- MENT RESIDENTIAL DISTRICT. (DON McHANEY /JOHN WYNN). PUBLIC HEARING - USE PERMIT CASE NO. 81 -330, 6 UNIT RESIDENTIAL PLANNED DE VELOPMENT IN THE "R -G" GARDEN APARTMENT RESIDENTIAL DISTRICT, SO. ELM STREET. (DON McHANEY /JOHN WYNN). Chairman Gerrish advised that the applicants have requested that the two public hearings be continued to the Commission's next regular meeting. Planning Director Hays noted that there were some problems regarding the plot plan and the applicants felt it would be,,better to ask for a. continuance in order for them to prepare an updated plot plan. Chairman Gerrish inquired if there is anyone in the audience to speak on these two items that cannot attend the next meeting. Upon hearing none, he advised that Variance Case No. 81 -84 and Use Permit Case No. 81 -330 would be continued to the next meeting of January 19, 1982. PUBLIC HEARING - REZONING CASE NO. 81 -162, 528 E. BRANCH STREET. (GERDA AND - J. BART MORGAN). Environmental Determination. Planning Director Hays advised that the applicants have submitted a request for a General Plan Amendment and rezoning of property located at 528 E. Branch Street. He stated that the General Plan Amendment request is to change the present designation from Low Density Residential (4.5 units per acre) to Medium Low Density Residential (11.0 units per acre). Also, the applicants are requesting a zoning change from "R -1" (Single Family Residential) to "R -2 -D" (Duplex Residential with Design Development) in order to develop the site with three duplex units or condominiums for a total of 6 units. He noted that the zoning immediately to the west is "P -M" (Planned Industrial) and the remainder is zoned "R -1 ". With regard to the Environmental Deter- mination, Planning Director Hays suggested that the Commission recommend to the City Council that a Negative Declaration be filed for this application. Upon being assured by Planning Director Hays that public hearing for Rezoning Case No. 81 -162 had been duly published, posted and property owners notified, Chairman Gerrish declared the hearing open. Planning Director Hays noted that there was one notice published combining all of the necessary actions. Mr. Justin Trimmer, 538 E. Branch St., inquired as to what the appli- cants are proposing and if the structures are to be two story or single story units. Planning Director Hays referred to the plans and advised it is a concept of what the applicant would like to develop and they will essentially be three separate two story units. Mr. Trimmer commented he is not against the development. Jim McGillis, San Luis Engineering, representing the applicant and the owners, stated they looked at the property as shown on the topo map and they felt that the site is too nice to carve up into four sites. He further stated that the property is adjacent to the manufacturing zone and they have mitigated that quite a bit in the site plan. He described the site, pointing out that it has direct access to the creek and is within walking distance to 391 332 Arroyo Grande Planning Commission, 1 -5 -82 the Village. He further stated they feel they have treated the site much more gently by utilizing the clustering concept under the "R -2 -D" . Upon hearing no further comments for or against the proposed actions, Chairman Gerrish declared the hearing closed. Commissioner Sebastian commented with regard to environmental impacts of the proposal, such as increased traffic, unsafe ingress and egress in the area, the impossibility of a moving van to get in and out of the area, soil erosion and the need for revegitation, and water availability. He stated that based on all of these items, a Negative Declaration, in his opinion, cannot be granted and these impacts must be addressed Chairman Gerrish stated he disagrees because if you look at the Negative Declaration, it addresses the question of the zoning change and it does not address the question of the design. Planning Director Hays commented that there will be an environmental determination on the subdivision map, and those specific issues and concerns will be dealt with at that time. Considerable discussion followed regarding the negative declaration and the various impacts of the project. The majority of the Commission felt that the impact would be more at the design stage of the proposal than at the zone change stage. After the discussion, on motion by Commissioner Cole, seconded by Commissioner Pilkington, and carried with one "no" vote, that a recommendation be made to the City Council to grant a Negative Declaration on Rezoning Case No. 81 -162. General Plan Amendment - Low Density Residential to Medium Low Density Residential Designation. Chairman Gerrish advised that the proposal will create a multiple residential zone and, in his opinion, this will create a good buffer for the manufacturing zone. Commissioner Cole stated she doesn't have any problem with increasing the density because, in her opinion, we should utilize the land as economically as possible and she would be in favor of the density change. After a brief discussion, the following action was taken: RESOLUTION NO. 82 -881 GP RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN. On motion by Commissioner Benhardt, seconded by Commissioner Cole, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Cole, Moots, Pilkington and Chairman Gerrish NOES: Commissioner Sebastian ABSENT: Commissioner Saruwatari the foregoing Resolution was adopted this 5th day of January 1981. Zone Change - "R -1" Single Family Residential District to "R -2 -D" Duplex Residential — Design Development. Chairman Gerrish commented that if the Commission wished to limit the development to six units, it could be done as a condition of the zone change. After a brief discussion, the following action was taken: RESOLUTION NO. 82 -882 Z RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF AN AMENDMENT 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 Moots, seconded by Commissioner Benhardt, and by the following roll call vote, -Co wit: Page 2 Arroyo Grande Planning Commission, 1 -5 -82 Page 3 AYES: Commissioners Benhardt, Cole, Moots, Pilkington and Chairman Gerrish NOES: None ABSTAIN: Commissioner Sebastian ABSENT: Commissioner Saruwatari the foregoing Resolution was adopted this 5th day of January 1981. (Above motion included a condition .limiting the development to a maximum of 6 units). - PUBLIC HEARING - REZONING CASE NO. 81 -161, 1385 BRIGHTON AVENUE. (SIEGFRIED BADEN). DUE TO A POSSIBLE CONFLICT OF INTEREST, CHAIRMAN GERRISH EXCUSED HIMSELF FROM THE MEETING AND TURNED THE CHAIR OVER TO VICE CHAIRPERSON COLE. Planning Director Hays advised that the applicant is requesting a General Plan Amendment from Low Density Residential to Medium High Density Residential of approximately 2 acres. The site is presently zoned "R -1" and the applicant is seeking "R -G" zoning. He further advised that the adjacent property to the west is zoned "R -3" and is developed with condominiums; the property to the south is zoned "H -S" and the Lucky Market and Payless complex is being constructed in that area. The applicant feels that a higher density residential zoning would be more suitable adjacent to this developing commercial area. Mr. Hays further stated that the area to the east and north of the subject property is zoned "R -1 ". He pointed out that the "R -G" District is for residential uses and its intent is to stabilize and maintain the residential character of the district, and permit small family and individual living with commercial and cooperative uses of facilities, while providing private outdoor open space for each unit, however, the District does not limit itself to condominiums; apartments can also be built under that designation. The Medium High Density Residential Land Use designation being requested would allow up to a maximum of 17 dwelling units per acre; the maximum building coverage is 60% -and they need a minimum 40% open space in the "R -G:' District. Mr. Hays pointed out that the Commission must also make an environmental determination to the Council, and he suggested that a Negative Declaration be recommended for this proposal. - Upon being assured by Planning Director Hays that public hearing for Rezoning Case No. 81 -161 had been duly published, posted and property owners notified, Vice Chairperson Cole declared the hearing open. Mr. Mitch Walker, representing the applicant, Mr. Baden, spoke in favor of the General Plan Amendment and Zone Change. He pointed out that what we are dealing with, in his opinion, is the land use issue and it is the Com- mission's job to make decisions for the good of the land. Mr. Walker stated he had advised Mr. Baden that he didn't think that the best use for the land was necessarily an open ended "R -3" project, however, he did feel that an "R -G" zone would be a reasonable use for this property and he referred to Mr. Hays' earlier report on the definition of the "R -G" zone, commenting that the 40% open space requirement is the real driver behind the "R-G" zone. He also stated that, in his opinion, the area being discussed is not suitable for "R -1" zone, basically because of the location of the service area for the shopping center. Tom .Higdon, 183 Fair View Drive; E. M. Weatherspoon, 186 Fair View Drive; Cora Higdon, 183 Fair View; Joyce Beihler, 1403 Brighton Ave.; Ralph Cook, 170 Fair View; Skip Soto, 171 Fair View; Florence Rose, 1305 Brighton Avenue; Helen Dosey, Newport Avenue; Alfred Keat, 209 Fair View Drive; Alice Dunn, Fair View; John Silva, 195 Fair View; Elizabeth Jackson, 208 Fair View Drive; Mrs. Martin, 190 Fair View Drive; Mrs. Ralph Cook, 170 Fair View Drive; Cleo Silva, 103 Fair View Drive, and Kathleen Stinchcomb,' 308 Courtland Street, spoke in opposition to the proposed amendments. Upon hearing no further comments for or against the proposed amend- ments, Vice Chairperson Cole declared the hearing closed. Environmental Determination. Commissioner Sebastian stated that the testimony given by the residents of the area make it very evident that there are numerous impacts in regard to social impacts and, in his opinion, a negative declaration is not 393 Arroyo Grande Planning Commission, 1 -5 -82 appropriate at this time. Commissioner Moots stated, in his opinion, the proposed density is still too high, and it is his feeling that it should be somewhere in between the "R -1" and the "R -G ", and perhaps "R -2" would be more appropriate. Planning Director Hays pointed out that the "R -2" District allows a maximum of 11 units per acre, which would permit about 20 to 22 units on this property under the "R -2" zone. Commissioner Benhardt stated he was originally in favor of the higher density, however, he would feel even a little stronger about the reduced density now being requested. After further discussion, a motion was made by Commissioner Sebastian, seconded by Commissioner Moots, that an environmental determination be made re- commending. to the City Council to deny a negative declaration. Motion lost on a 2 to 3 vote. On motion by Commissioner Pilkington, seconded by Commissioner Benhardt,and carried with two ;-"no >' - ve tethat a recommendation _ue -made to the -City Council to • grant 'a F egative_Declaration. _ General Plan Amendment - Low Density Residential to Medium High Density Residential Designation. ATTEST: RESOLUTION NO. 82 -883 GP RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING DENIAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN. On motion by Commissioner Sebastian, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Moots and Sebastian NOES: Commissioners Benhardt, Cole and Pilkington ABSENT: Commissioner Saruwatari and Chairman Gerrish the foregoing Resolution was defeated this 5th day of January 1982. Zone Change - "R -1" Single Family Residential to "R- GGarden_Apartment Residential District..- : - RESOLUTION NO. 82 -884 Z RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING DENIAL 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 Sebastian, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Moots,and Sebastian NOES: Commissioners Benhardt, Cole and Pilkington ABSENT: Commissioner Saruwatari and Chairman Gerrish the foregoing Resolution was defeated this 5th day of January 1982. VICE CHAIRPERSON COLE DECLARED A 10 MINUTE RECESS. THE MEETING RECONVENED AT 9:25 P.M. WITH CHAIRMAN GERRISH PRESIDING. COMMISSIONER SEBASTIAN IS NOW ABSENT. Chairman Gerrish explained to the audience that the General Plan Amendment and Zone Change requires four affirmative votes of the Commission for approval and, therefore, both of Mr. Baden's requests were denied. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:30 P.M. by the Chairman. Page 4 Secretary // / C airman