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PC Minutes 1981-12-15?.8 8 ARROYO GRANDE PLANNING COMMISSION December 15, 1981 The Arroyo Grande Planning Commission met in regular session with Vice Chairperson Cole presiding. Present are Commissioners Benhardt, Cole, Pilkington and Saruwatari. Commissioners Moots, Sebastian and Chairman Gerrish are absent. Planning Director Hays is also in attendance. MINUTE APPROVAL Upon hearing no additions or corrections, the minutes of the regular meeting of December 1, 1981 were approved as prepared on motion by Commissioner Benhardt, seconded by Commissioner Pilkington, and unanimously carried. REOUEST FOR TIME EXTENSION IN WHICH TO FILE FINAL MAP, TRACT NO. 761, RANCHO GRANDE PROJECT. Planning Director Hays advised that the reason this matter is before the Commission is to clarify the expiration date of the tentative map for Tract No. 761. The clarification is necessary because the applicant was erroneously given an incorrect expiration date of the map. Mr. Hays briefly reviewed the dates relative to the tentative map approval, recordation of the parcel map, expiration date and the extension granted by the Planning Commission. He advised that the 80 day sewer moratorium added to the expiration date brings the new expiration date to August 18, 1982, and it was his recommendation that this expiration date be approved by the Planning Commission and City Council. After a brief discussion, on motion by Commissioner Benhardt, seconded by Commissioner Saruwatari, and unanimously carried, recommending approval of the new expiration date of August 18, 1982 for Tentative Tract Map No. 761. PUBLIC - HEARING - PROPOSED AMENDMENT TO SECTION 9- 4.1511 OF THE ZONING ORDINANCE, RELATING TO WATER AND SEWER REQUIREMENTS OF THE "R -S" RESIDENTIAL SUBURBAN DISTRICT. Planning Director Hays advised that at their meeting of November 10, 1981, the Arroyo Grande City Council denied the appeal of William Lackey from the Planning Commission's decision denying his request for a variance to allow more than one parcel to be served from a single well in the Residential Suburban District. He further advised that the Council had instructed him to prepare an amendment to the Ordinance which would allow a community water system upon obtaining a Use Permit. The Council felt that the Use Permit process would allow proper conditions to be placed on the applications and would allow Commission scrutiny of the proposals. Commissioner Saruwatari commented that if we establish a Use Permit situation like this, it might open the door for more "R -S" property to come into the City. She also inquired if the Use Permit procedure would circumvent any legal problems the City might incur due to a"failure'of the:weil- system ?:. - Plana ing`.Director Hays commented that when you have a community water system, the. City may be responsible for maintaining it or providing water for the residents....in event :the :system fails -- Upon being assured by Planning Director Hays that the public hearing for the proposed amendment had been duly published and posted, Vice Chairperson Cole declared the hearing open. Mr. F. J. Kirkpatrick, Printz Road, stated that a number of the residents of the district were involved in the Council hearing of November 10th. He further stated he does not agree with Mr. Hays because what he has brought forth'was very generalized. Mr. Kirkpatrick pointed out that there was quite an amicable agreement with all parties concerned accept Paul Karp, and the intent was that it be a specific deal for that piece only, and would not apply to any other "R -S" District. Mr. Bill Langworthy, Printz Road, stated he agrees with Mr. Kirkpatrick because his understanding of the City Council meeting was that it was going to be more narrowly drawn than the document before the Commission tonight. He commented one strong reservation he has about the wording of the document is it doesn't speak to where the water will come from and, in his opinion, the water in a system like this should come from the land being developed instead of some different aquifer such as the one they draw their water from. He stated he has been assured by the County Engineers office on many occasions that we are dealing with a very local aquifer, which has already been quite heavily drawn. Mr. Langworthy further stated that, in his opinion, the City would be making a mistake having a community water system, because he is a part of a community water system and it works; but just barely. He stated that the reason it works is because they don't have a city who gave them a Use Permit to blame; they know when something goes wrong they are the only people they can possibly blame. He commented that, in his opinion, the City would be buying quite a batch of headaches in getting into this community water system because the people will know they are within the City and they will eventually call the City Engineer with their problems. Arroyo Grande Planning Commission, 12 -15 -81 Page 2 Mr. Langworthy stated it was his understanding from testimony that Mr. Lackey gave that he could drill wells on each of these parcels, but it would cost him and the buyers quite a bit of money, and it would be nice to save the buyers money but, in his opinion, the City would be buying a lot of problems. Mr. Henry Grant, Printz Road, stated he agreed with Mr. Kirkpatrick and Mr. Langworthy 100 %. Upon hearing no further comments from the audience, Vice Chairperson Cole declared the hearing closed. The Commission expressed their feelings that they were opposed to community well systems because of the problems they might cause to the city and to the people with the community well systems. After a brief discussion the following action was taken: NOES: None RESOLUTION NO. 81 -879 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING PROPOSED. AMENDMENT TO SECTION 9- 4.1511 OF THE ZONING ORDINANCE. On motion by Commissioner Saruwatari, seconded by Commissioner Benhardt, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Pilkington, Saruwatari and Vice Chairperson Cole ABSENT: Commissioners Moots, Sebastian and Chairman Gerrish the foregoing Resolution was adopted this 15th day of December 1981. PUBLIC HEARING - REZONING CASE NO. 81 -860, ZONE CHANGE FROM "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -3" MULTIPLE FAMILY RESIDENTIAL DISTRICT, 1385 BRIGHTON AVENUE. (S. C. BADEN). Planning Director Hays advised that the applicant has requested a General Plan Amendment from Low Density Residential to High. Density Resi- dential of approximately two acres located at 1385 Brighton Avenue. Presently the site is zoned "R -1" and the applicant is seeking "R -3" zoning. Mr. Hays advised that the adjacent property to the west is zoned "R -3 ", to the south "H -S" and to the east and north is "R -1 ". The Lucky Market and Payless complex is being constructed on the property to the south. The applicant feels that a higher density residential zoning would be more suitable next to this developing commercial area. P4r. Hays further advised that staff is suggesting that a recommendation be made to the City Council for approval of a negative declaration for this rezoning. Vice Chairperson Cole read a letter from D. M. Walker, representing the applicant, dated December 15, 1981, requesting that the Commission take one of either of two actions: A. Suspend any further action on the current rezoning of the property in question (from R -1 to R -3) at the request of the property owner. B. Unanimously deny the current advertised rezoning from R -1 to R -3. Mr. Mitchell stated in his letter that the above action is requested to allow Mr. Baden to immediately apply for a General Plan and zoning change to allow "R -G" density. Mr. Mitchell stated that the applicant simply wants to clear the board and put in a new application for a General Plan and Zoning Change to allow "R -G" density. William Sheldon, City Administrator, was present and advised the Commission that they should probably hold the public hearing on the proposed zone change instead of just setting the matter aside as suggested by the applicant. Upon being assured by Planning Director Hays that the public hearing for Rezoning Case No. 81 -860 had been duly published, posted and property owners notified, Vice Chairperson Cole declared the hearing open. 388 280 Arroyo Grande Planning Commission, 12 -15 -81 Mr. Mitch Walker, Agent for Mr. Baden, requested that the Planning Commission unanimously deny the application. Page 3 Mr. Tom Higdon, 183 Fair View Drive; Mrs. Ralph Cook, 170 Fair View Drive and a number of persons in the audience stood up and stated they all agree with Mr. Higdon. Mr. Davis, 1431 Newport, inquired as to what could be built in an "R -3" zone. Planning Director Hays advised that multiple family units at a density of 20 units per acre could be built which would include condominiums. Under the "R -G" District, Mr. Hays advised that the density would be lower and a Use Permit would be required for construction of condominium units. He further advised that the height requirement in the "R -3" District is two stories or 30 ft., which is the same as the "R -1" District. Mr. William Lackey, 877 Todd Lane, inquired about the zoning of the senior citizens development on Elm Street. Planning Director Hays advised that the zoning is "R -S -C" Residential Senior Citizens, and is a special district for that particular project. At the request of Mrs. Helen Dosey, Planning Director Hays read the requirements of the "R -G" District. Cora Higdon, 183 Fair View Drive, stated the zoning is "R -1" now,and the people in the area want it to stay that way. Upon hearing no further comments for or against the proposed zone change, Vice Chairperson Cole declared the hearing closed. Commissioner Benhardt stated he would be in favor of either the "R -3" or "R -G" because, in his opinion, it would be desirable for apart- ments for elderly people who are unable to drive and who like to live close to a shopping center. Commissioners Pilkington, Saruwatari and Vice Chairperson Cole indicated their feelings were that the applicant's request should be respected and the "R -3" zoning denied so that the applicant can request the "R -G" zoning.and, after a brief discussion, the following action was taken: RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING DENIAL 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 Saruwatari, seconded by Commissioner Benhardt, and by the following roll call vote, to wit: was ATTEST: AYES: NOES: ABSENT: the foregoing ADJOURNMENT There being no adjourned by the Resolution was adopted this 15th day of December 1981. RESOLUTION NO. 81 -880 Z Commissioners Benhardt, Pilkington, Saruwatari and Vice Chairperson Cole None Commissioners Moots, Sebastian and Chairman Gerrish further business before the Commission, the meeting Chairman at 8:30 P.M. Vice Chairperson