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PC Minutes 1980-12-16278 ARROYO GRANDE PLANNING COMMISSION December 16, 1980 The Arroyo Grande Planning Commission met in regular session with Chairman Gorsline presiding. Present are Commissioners Gerrish, Fischer, Moots and Sebastian. Commissioners Cole and Pilkington are absent. Planning Director Castro is also in attendance. MINUTE APPROVAL On motion by Commissioner Sebastian, seconded by Commissioner Gerrish, and unanimously carried, the minutes of the regular meeting of December 2, 1980 were approved as prepared. LOT SPLIT CASE NO. 80 -342, 876 OLIVE STREET. (FRY) Planning Director Castro referred to the staff report, dated December 10, 1980, noting that it was brought to his attention that under the accessory uses of the ordinance, garage areas may be permitted within 5 ft. of the rear lot line, and therefore, the staff recommendation that the rear lot line be adjusted should be amended at this time. He stated that staff recommends approval subject to the standard conditions, including drainage plans shall be provided for the approval of the Public Works Department and, if any off site improvements are required, they be as directed by the Public Works Department. After a brief discussion, on motion by Commissioner Gerrish, seconded by Commissioner Sebastian, and unanimously carried, Lot Split Case 80-342 approved subject to the conditions noted above. Request for Negative Declaration. After a brief review of the Request for Negative Declaration on Lot Split Case No. 80 -342, the following action was taken: RESOLUTION NO. 80 -791 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL IMPACT DECLARATION. On motion by Commissioner Fischer, seconded by Commissioner Gerrish, and by the following roll call vote, to wit: AYES: Commissioners Gerrish, Fischer, Moots, Sebastian and Chairman Gorsline NOES: None ABSENT: Commissioners Cole and Pilkington the foregoing Resolution was adopted this 16th day of December 1980. LOT SPLIT CASE NO. 80 -343, CHILTON STREET. (RYZNER /HILL). Planning Director Castro pointed out that staff is still in the process of developing the policy standards for lot splits of up to four lots, and they propose to bring that information before the Planning Commission at their meeting of January 6th. With regard to the subject application, Mr. Castro advised that the concerns he had expressed in the staff report, dated December 10, 1980, were primarily with grading, in that no information has been provided regarding the proposed lot and the result of the end product in terms of lot lines. He stated it also appears that, because of the slope, in order to make any livable rear yard space, it may entail additional grading. Mr. Castro further advised that he has discussed the matter with the petitioner and his agent, and advised them that since the submittal of their petition, the Commission has noted their con- cerns regarding driveway easements, and that matter will be addressed at the next regular meeting of the Planning Commission. Commissioner Sebastian commented that under the Subdivision Map Act, if the cross slopes exceed 20 %, then the lot size requirement is 20,000 square feet, and if there is not a 20% cross slope condition, then the requirement is 10,000 square feet. He further noted that on a dedicated road, there is a question as to whether than can be just an easement, or if it has to be subtracted from the parcel. He further stated that the soils are very erosive in that area and there potentially is a need for pre- planned retaining systems in order to provide proper lot utilization even for 3 lots, but it doesn't look very favorable right now for 4 lots. Commissioner Moots stated he is concerned about the slope and also how much street will be required for a private drive. After further discussion, the matter was continued to the next regular meet- ing of January 6, 1981 on motion by Commissioner Gerrish, seconded by Commissioner Sebastian, and unanimously carried. Arroyo Grande Planning Commission, 12 -16 -80 Page 2 PUBLIC HEARING - CONTINUATION REZONING CASE NO. 80 -147, LOT 6, TRACT 604, OAK PARK ACRES, FROM "C -N" DISTRICT TO "A" DISTRICT OR SUCH OTHER DISTRICT DEEMED ADVISABLE BY THE PLANNING COMMISSION. Planning. Director Castro advised that the Council had concurred with the Commission's recommendation that Lots 1 and 2 be rezoned from the "H -S" District to the "C -N" District and, in reviewing Ordinance 140 C.S., it does note that the densities for Oak Park Acres cannot exceed its present approval of 304 + units, which leaves rew options as far as what other uses can be designated for the property. Upon being assured by Planning Director Castro that public hearing for Re- zoning Case No. 80 -147 had been duly published, posted and property owners notified, Chairman Gorsline declared the hearing open. Rueben Kvidt, Oak Park Acres, advised the Commission that they have no real plans for the property in question, although there are several possibilities under discussion, however, right now he feels that the "H -S" District as a hold- ing zone with a specific plan with specific uses to be considered by the Commission and Council would be satisfactory. There being no further discussion for or against the proposed rezoning, Chairman Gorsline declared the hearing closed. Planning Director Castro pointed out that the Commission is not only con- sidering a rezoning of Lot 6 of Oak Park Acres, but are requesting a modification of the uses previously described in Ordinance 140 C.S. He advised that the Com- mission could retain the "C -N" District and recommend to the City Council that the previous uses noted in Ordinance 140 C.S., Parcel 6, be deleted and that future commercial uses be subject to the review and approval of the Planning Commission and City Council. After considerable discussion, the following action was taken: RESOLUTION NO. 80 -792 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 Gerrish, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Gerrish, Fischer, Moots, Sebastian and Chairman Gorsline NOES: None ABSENT: Commissioners Cole and Pilkington the foregoing Resolution was adopted this 16th day of December 1980. PUBLIC HEARING - CONTINUATION PREZONING CASE NO. 80 -148, BRISCO ISLAND. (EL CAMINO ANNEXATION NO. 1). Planning Director Castro briefly reviewed the various maps which were pro- vided to the Commission showing the existing land use plan, the County's proposed zoning, and staff's recommendations for pre- zoning of the properties. Mr. Ted Muscio, Casmalia, stated he owns a 10 unit apartment on one side of Brisco Road and a 6 unit apartment unit on the other side, and when he bought the units they were conforming uses in the County, and he would not like to see these apartments become non - conforming. He requested that the Commission recommend something that would protect these units from becoming non - conforming. Planning Director Castro pointed out that if the Commission were to consider the "R -3" District for that area as opposed to the "R -G" District, then Mr. Muscio's apart- ment units would be covered as a conforming use. Mr. Kirby Gordon, 405 Indio Drive, Pismo Beach, stated he owns the property next to Mr. Muscio up on the hill, which is probably one of the largest in that area and, in his opinion, if the Commission did zone the area under "R -3 ", his property still would not qualify density -wise, but would be closer than the "R -G" 279 280 Arroyo Grande Planning Commission, 12 -16 -80 Page 3 to the existing uses up there, and it should be zoned as close as possible for those projects that are in existence to be grandfathered in. Mr. Jerry Habek stated he owns two lots in the proposed Highway Service District and he is in favor of that zoning. There being no further comments from the audience, Chairman Gorsline declared the hearing closed. Commissioner Sebastian pointed out that if Mr. Muscio is going to be protected and Mr. Gordon is going to be protected anywhere near his current investment, it is going to have to be under an "R -3" designation. He suggested that everything to the west could be "R -3" and everything to the east could be "R -3" and there wouldn't be any conflict with Mr. Muscio, and we would also be protecting that down slope with a lesser dense development in the future. Commissioner Fischer stated, in her opinion, the best way to plan is to say this is the use that would be best served, and not try to accommodate what the County has approved, and the Com- mission's decision should be based on what they think is best for the City of Arroyo Grande, and not based on what is best for individual apartment owners. After further discussion, Commissioner Gerrish moved that the Commission accept the map labelled "Proposed City Prezoning" as submitted by the staff, with the exception of amending the Brisco Road property from the "R -G" designation to the "R -3" designation. Motion lost for lack of a second. Commissioner Fischer recommended that the map be accepted exactly as presented by the staff. After discussion, the following action was taken: RESOLUTION NO. 80 -793 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 Fischer, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Fischer and Moots NOES: Commissioners Gerrish, Sebastian and Chairman Gorsline ABSENT: Commissioners Cole and Pilkington the foregoing Resolution was defeated this 16th day of December 1980. Commissioner Sebastian stated he is uncomfortable with the proposed "H -S" zoning on the Frontage Road southerly of the Peter Pan Nursery down to Robles Road because of the topography and additional traffic that would be generated by the "H -S" designation, and suggested that perhaps the "P -C" Professional Commercial District would be more appropriate. Mr. Habek advised that the "P -C" District would be satisfactory with him. After discussion, the following action was taken: RESOLUTION NO. 80 -794 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 Gerrish, seconded by Commissioner Sebastian, and by the following roll call vote, to wit: AYES: Commissioners Gerrish, Moots, Sebastian and Chairman Gorsline NOES: Commissioner Fischer ABSENT: Commissioners Cole and Pilkington the foregoing Resolution was adopted this 16th day of December 1980. (MOTION: Recommend approval of the map labelled "Proposed City's Prezoning", with the exception that the "R -G" recommendation on Brisco Road be changed to "R -3 ", and the "H -S" recommendation between Robles Road and Oak Park Boulevard be changed to "P -C "). Arroyo Grande Planning Commission, 12 -16 -80 Page 4 FURTHER DISCUSSION ON MR. FREER'S REQUEST REGARDING THE SUNRISE TERRACE MOBILEHOME PARK. Mr. Freer reviewed that the request is to adopt an ordinance to regulate the conversion of a mobilehome park to a resubdivision or to a separate use, and because the matter relates to a subdivision, must come to the Planning Commission before it goes to the City Council. Planning Director Castro stated it was his understanding that the thrust of Assembly Bill 2234 implies that prior to a conversion of any mobilehome park, that there has to be mitigations established by the developer in terms of how he intends to resolve the transition between the rental project to a subdivision type of project and the effects it may have upon the people that are residing in the park. Mr. Kirby Gordon read the synopsis of AB 2234 and 3462. After considerable discussion, it was the feeling of the Commission that the State has given local entities the responsibility of evaluating each and every proposal, and creating mitigating circumstances. Planning Director Castro ad- vised that in the event such a proposal is received by the City, a zone change from "R -3" to "P -D" would be involved, which includes the public hearing process and the provision for public input. The Commission indicated they would like to have a copy of the synopsis of Bills 2234 and 3462 which were read by Mr. Gordon. ADJOURNMENT There being no further business before the Commissio adjourned by the Chairman at 10:00 P.M. ATTEST: . O4 h Secretary meeting was 281