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HomeMy WebLinkAboutPC Minutes 1981-10-06ARROYO GRANDE PLANNING COMMISSION October 6, 1981 The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Cole, Moots, Benhardt and Pilkington. Commissioners Saruwatari and Sebastian are absent. Planning Director Hays is also in attendance. MINUTE APPROVAL Upon hearing no additions or corrections, the minutes of the regular meetings of September 1, 1981 and September 15, 1981 were approved on motion motion by Commissioner Cole, seconded by Commissioner Benhardt, and unanimously carried. ADDITIONS OR DELETIONS TO AGENDA Planning Director Hays advised that the applicant, Mr. Hayes, has requested that his Lot Split Case No. 81 -367 be continued until the next meeting. There being no objections to the continuance, Chairman Gerrish announced that Lot Split Case No. 81 -367 would be continued at the next meeting of October 20, 1981. COMMUNICATIONS Planning Director Hays advised he has a letter from Mr. regarding conditions placed on the Use Permit Case No. 81 -324 recently ap- proved by the Commission.for a Bed and Breakfast Inn on Valley Road. They are requesting that the condition requiring a 4 ft. high masonary wall with a 2 ft. wood fence on top of that be amended to permit a 6 ft. high block wall along the southerly property line. Mr. Hays explained that the adjacent property owners have protested the issuance of the beer and wine license to the ABC, and one of the conditions agreed upon by the adjacent property owners was that a 6 ft. high block wall be constructed.. in order for the license to be issued. After a brief discussion the following action was taken: RESOLUTION NO. 81 -864 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE AMENDING RESOLUTION NO. 81 -836, USE PERMIT CASE NO. 81 -324. and Mrs. Cox On motion by Commissioner Cole, seconded by Commissioner Pilkington, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Cole, Moots, Pilkington and Chairman Gerrish NOES: None ABSENT: Commissioners Saruwatari and Sebastian the foregoing Resolution was adopted this 6th day of October 1981. PUBLIC HEARING - LOT SPLIT CASE NO. 81 -368, 1026 GRAND AVENUE. (MSB PROPERTIES, INC.) . Planning Director Hays advised that the proposal is to split one existing property into two separate properties, noting that Mid State Bank is on the front portion and the office building is on the rear portion. He stated that the front portion of the property is zoned "H -S" Highway Service District and the rear portion is zoned "P -M" Planned Industrial District. Mr.1 Hays noted that the Minor Subdivision Committee had met and reviewed the proposed split, and recommended approval of the application subject to the five conditions listed in their report, dated September 30, 1981. Upon being assured by Planning Director Hays that public hearing for Lot Split Case No. 81 -368 had been duly published, posted and property owners notified, Chairman Gerrish declared the hearing open. Upon hearing no comments for or against the proposed lot split, Chairman Gerrish declared the hearing closed. After a brief discussion, on motion by Commissioner Cole, seconded by Commissioner Benhardt, and unanimously carried, Lot Split Case No. 81 -368 was approved subject to the five (5) conditions listed in Minor Subdivision Com- mittee Action, dated September 30, 1981. 371 372 Arroyo Grande Planning Commission, 10 -6 -81 PUBLIC HEARING - VARIANCE CASE NO. 81 -81, REQUEST TO PERMIT FOUR INDIVIDUAL LOTS TO BE SERVED FROM A COMMUNITY WELL SYSTEM IN THE "R -S" RESIDENTIAL SUBURBAN DISTRICT, PROPERTY LOCATED OFF OF PRINTZ ROAD. (LACKEY). Planning Director Hays advised that the applicant has submitted a Variance requesting relief from the Zoning Ordinance which requires individual wells in the "R -S" Residential Suburban District. He wishes to serve 4 parcels from a single well to be drilled on one of the parcels. He stated that the Commission denied a similar Variance request from Mr. Lackey to serve the same four parcels from a well not located on one of the four parcels. He pointed out that the matter is back before the Commission because the applicant feels since the well is being drilled on a different site, it is a different appli- cation. Mr. Hays stated that staff is again recommending that the application be denied based on the same reasons as indicated at the previous meeting. He further stated he received some correspondence today on the matter from Mr. A. J. Shaw, an Attorney, :. stating: he feels that a Variance in this case is not appropriate. Upon being assured by Planning Director Hays that public hearing for Variance Case No. 81 -81 had been duly published, posted and property owners notified, Chairman Gerrish declared the hearing open. Mr. Art Shaw, Attorney, representing several property owners on Printz ..y Road, referred to his letter mentioned by Mr. Hays. He stated the letter merely points out the requirements of the State law and, for the reasons stated in the letter, he does not think there are any special circumstances to warrant the granting of the Variance. Mr. Elmer Kirk, Printz Road, stated he was the first property owner to get a building permit under the new "R -S" Zoning and the building inspector referred him to Steve Diaz, County Health Department, for information in developing the site relative to wells, septic tanks and leaching fields. Mr. Kirk reiterated Mr. Diaz' statement that one of the major concerns in specifying one well for each house is the matter of health and possible liability of the City in the event of contamination. William Lackey, 877 Todd Lane, applicant for the Variance, stated the request does involve special circumstances, in that three of the parcels have no water at all and the other parcel has all kinds of water. He stated a community well system is regulated by a homeowners' agreement, and he proposed to have engineered septic tanks so there is no danger of contamination. He pointed out that these systems must be inspected by the County Health Depart- ment when they are installed. He stated one of the main reasons that he prefers the system'is the fire protection and also the cost to the owners of the system. He further stated the question is whether to have 4 houses on one 560 ft. depth well or four houses with four wells. There being no further comments for or against the proposed Variance, Chairman Gerrish declared the hearing closed. It was the consensus of the Commission that the testimony received was nothing substantially different than previously heard and, after a brief dis- cussion, the following action was taken: RESOLUTION NO. 81 -865 V RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING A VARIANCE, CASE NO. 31 -.81. On motion by Commissioner Benhardt, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Moots, Pilkington, Cole and Chairman Gerrish NOES: None ABSENT: Commissioners Saruwatari and Sebastian the foregoing Resolution was adopted this 6th day of October 1981. Page 2 DUE TO A POSSIBLE CONFLICT OF INTEREST ON THE FOLLOWING TWO AGENDA ITEMS, CHAIRMAN GERRISH TURNED THE MEETING OVER TO VICE CHAIRPERSON COLE. CHAIRMAN GERRISH IS NOW ABSENT. PUBLIC HEARING - PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL LAND USE DESIGNATION TO CENTRAL BUSINESS DISTRICT LAND USE DESIGNATION, 312 LE POINT STREET. (GERRISH). Arroyo Grande Planning Commission, 10 -6 -81 Planning Director Hays advised that the request is to amend the General Plan from a Low Density Residential Designation to Central Business District. He pointed out that the property has a single family dwelling on it, which the appli- cant desires to utilize for an office. The property surrounding the residence on the south_side of Le Point. Street is designated as Central Business District on the General Plan and is zoned "C -B -D ". The property on the north side of LePoint is designated as Low Density Residential. Mr. Hays stated that, upon review of the request, staff feels it would be an appropriate change to bring it into con- formance with the Central Business District designation with the rest of the property. Upon being assured by Planning Director Hays that the public hearing for the proposed amendment to the Land Use Element of the General Plan at 312 Le Point Street had been duly published and posted, Vice Chairperson Cole declared the hearing open. Upon hearing no comments from the audience for or against the proposed amendment, Vice Chairperson Cole declared the hearing closed. With regard to the Request for Environmental Determination, Planning Director Hays referred to the Check List he had prepared for the Commission's review with a recommendation that a Negative Declaration be granted on this matter. After a brief discussion, the following action was taken: RESOLUTION NO. .81- 866.EIR RESOLUTION OF THE PLANNING. COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A NEGATIVE ENVIRONMENTAL DECLARATION. On motion by Commissioner Moots, seconded. by Commissioner Benhardt, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Moots, Pilkington and Vice Chairperson Cole NOES: None ABSENT: Commissioners Saruwatari, Sebastian and Chairman Gerrish the foregoing Resolution was adopted this 6th day of October 1981. RESOLUTION NO. 81 -867 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 Pilkington, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Moots, Pilkington and Vice Chairperson Cole NOES: None ABSENT: Commissioners Saruwatari, Sebastian and Chairman Gerrish the foregoing Resolution was adopted this 6th day of October 1981. PUBLIC HEARING - PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL LAND USE DESIGNATION TO HIGH DENSITY RESIDENTIAL LAND USE DESIGNATION, 1385 BRIGHTON AVENUE. (BADEN). Planning Director Hays briefly reviewed the applicant's request for a General Plan Amendment from Low Density Residential to High Density Residential of approximately 2 acres located at 1385 Brighton Avenue. The property is presently zoned "R -1" and the applicant is seeking "R -3" zoning and, according to Mr. Baden's letter included in the agenda packets, the property was zoned "R -3" for many years prior to being rezoned to "R -1 ". Mr. Hays pointed out that the adjacent property to the west is zoned "R -3 "; the property to the south is zoned "H -S "; and to the east and north is "R -1 ", and 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 suit- able next to the developing commercial area, and would provide a more suitable buffer between the residential and commercial districts. Planning Director Hays read a letter from Elmer and Leone Waldo, 227 Fairview Drive, objecting to the high density designation on the property. He also presented a petition containing 115 signatures, requesting denial of the Baden request. 373 Page 3 ?74 Arroyo Grande Planning Commission, 10 -6 -81 Page 4 Upon being assured by Planning Director Hays that public hearing for proposed amendment to the Land Use Element at 1385 Brighton Avenue had been duly published and posted, Vice Chairperson Cole declared the hearing open. Seigfred C. Baden, 1385 Brighton, spoke in favor of the High Density Residential Designation . Mrs. Helen Doose, 1371 Newport; Lou Davis, 1341 Newport; Cleo Silva, 195.Brighton; Cora Higdon, 183 Fairview Drive; Joyce Beihler, 1305 Brighton; Florence Rose, 1304 Brighton; Phyllis Richardson; John Silva, 195 Fairview Drive; Libby Jackson, 208 Fairview Drive; and Al Keat, 209 Fairview Drive spoke in opposition to the General Plan Amendment. There being no further comments for or against the proposed amendment, Vice Chairperson Cole declared the hearing closed. Commissioner Benhardt commented that there is a trend where elderly people are looking for condominiums or apartments within walking distance to shopping centers and, in his opinion, this property would be an asset to the City ivf apartments or condominiums were allowed to go in there. Commissioner Cole stated she has looked at the property and was out there for about an hour today, and the traffic appeared to be normal to other parts of the City. She stated that she also looked at the construction that is going on and, in no way, would she want to buy a single family residence right next to that shopping center, and she feels a buffer zone is needed there. She further stated she does not feel that the site is an "R -1" piece of property and, therefore, she could not go along with maintaining it in "R - 1 ".zoning. Commissioners Moots and Pilkington indicated they didn't feel Mr. Baden's property was "R -1" property, however, they felt the "R -3" designation was too dense. The Commission discussed other alternatives to the High Density Residential designation, such as the "R -3" with a " -D" Override and the "R -G" District. Mr. Baden commented, in his opinion, it should be exactly what was taken away from him, and he would like to have the "R -3" designation. After further discussion, Commissioner Benhardt made a motion to approved the "R -3" designation with a " -D" Override. Motion lost for lack of a second. After a brief discussion, the following action was taken: On motion by Commissioner Moots, seconded by Commissioner Pilkington, and by the following roll call vote to wit: AYES: NOES: ABSENT: RESOLUTION NO. 81 -868 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. Commissioners Moots and Pilkington Commissioner Benhardt and Vice Chairperson Cole Commissioners Saruwatari, Sebastian and Chairman Gerrish the foregoing Resolution was defeated this 6th day of October 1981 due to a split vote. Planning Director Hays advised the matter will go to the City Council with no recommendation from the Planning Commission. CHAIRMAN GERRISII ASSUMED THE CHAIR AND IS NOW PRESENT. PUBLIC HEARING - PROPOSED AMENDMENT TO TIIE CIRCULATION ELEMENT OF THE GENERAL PLAN, ELIMINATING TRUCK ROUTE DESIGNATION FOR EAST CHERRY AVENUE /BRANCH MILL ROAD. Planning Director Hays reviewed that early this past summer, several people approached the Commission and Council about the possibility of deleting the truck route designation from Cherry Avenue and Branch Mill Road, and they were in- formed at that time that it would take a General Plan Amendment to delete this designation from the Circulation Element. He commented, in his opinion, the main concerns of the residents, particularly along Cherry Avenue, is that there seems to be an increase of truck traffic with the oil operation, and possible successful finding of oil will result in hauling the oil out in large oil rigs and posing a safety problem to the residents along there. 1 1 1 1 Mr. Hays noted that there is only one other designated truck route through the City that serves the valley east of Arroyo Grande, and that is Lopez Drive/ Hausna Road. He stated that if the Cherry Avenue truck route was eliminated as re- quested, all truck traffic would have to be shifted to Lopez Drive and through the Central Business District. He further noted that the existing route serves the agricultural area to the east of the City, and the elimination of this route may have a significant effect on the access to these agricultural operations. Mr. Hays referred to the excerpt from the minutes of the Parking & Traffic Commission of September 28, 1981. He stated that the Parking and Traffic Com- mission reviewed the request and recommended against the elimination of the Truck Route designation until an alternate route can be constructed when the area to the south ultimately develops. In summary, Planning Director Hays stated that staff is recommending denial of this request and, if the Commission wished to seriously consider the proposal, he would recommend that a focused Environmental Impact Report be prepared. ADJOURNMENT Arroyo Grande Planning Commission, 10 -6 -81 Upon being assured by Planning Director Hays that public hearing for the proposed amendment to the Circulation Element of the General Plan had been duly published and posted, Chairman Gerrish declared the hearing open. Mr. Kirk, 603 E. Cherry Avenue, presented a petition with 43 signatures stating the residents' protest of the use of Cherry Avenue as a truck route. He stated they agree that this is a designated truck route for essential agri- cultural vehicles but they object to heavy industrial traffic. Mrs. Kirk, 603 E. Cherry Avenue, stated she also objects to the truck route designation. Upon hearing no further comments for or against the proposed amendment, Chairman Gerrish declared the hearing closed. After a brief discussion, the following action was taken: RESOLUTION NO. 81 -869 GP RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING DENIAL OF AN AMENDMENT TO. THE CIRCULATION ELEMENT OF THE GENERAL PLAN. AYES: Commissioners Benhardt, Cole, Pilkington and Chairman Gerrish NOES: None ABSTAIN: Commissioner Moots ABSENT: Commissioners Saruwatari and Moots the foregoing Resolution was adopted this 6th day of October 1981. Page 5 On motion by Commissioner Cole, seconded by Commissioner Pilkington, and by the following roll call vote, to wit: There being no further business before the Commission, the meeting was adjourned by the Chairman at 9:30 P.M. 375