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PC Minutes 1979-08-07Arroyo Grande Planning Commission August 7, 1979 The Arroyo Grande Planning Commission met in regular session with Acting Chairperson Cole presiding. Present are Commissioners Carr, Fischer and Sebastian. Vice Chairman Gorsline, Commissioners Simmons and Moots are absent. Also in at- tendance is Planner Sullivan. MINUTE APPROVAL Upon hearing no additions or corrections, the minutes of the regular meetings of June '19, 1979 and July 17, 1979 were approved by Acting Chairperson Cole as submitted. REQUEST FROM VALLEY VIEW JR. ACADEMY FOR PERMISSION TO USE A MOBILE UNIT AS A TEMPORARY LIBRARY, 230 VERNON AVE. Planner Sullivan reviewed the request from Valley View Jr. Academy, as outlined in their letter dated July 6, 1979. He advised that he and Planning Director Castro had reviewed the matter, and it was their feeling that perhaps two years was too long for a temporary use, and are recommending that the Commission grant the temporary use of a trailer as a library for a period of one year, with the provision that the matter be reviewed by both the Academy and the Planning Commission to ascertain if another year's use is appropriate. Mr. Leon Kopitzke, Principal of the School, stated they would have no objection if the Commission granted the temporary use for one year with further review at the end of that year. After a brief discussion, on motion by Commissioner Fischer, seconded by Comis- sioner Sebastian, and unanimously carried, granting temporary use of a mobile unit as a library for a period of one year, with the provision that at the end of the year the temporary use will be reviewed by both the Academy and the Planning Commis- sion. CONTINUATION OF PUBLIC HEARING - PROPOSED ZONING ORDINANCE AMENDMENT RESIDENTIAL SUBURBAN DISTRICT. Planner Sullivan advised that after the last Planning Commission Castro met with many of the property owners in the area, resulting in how they think the ordinance should be worded. He further noted that been received today from Henry H. Grant and his wife, property owners indicating their support of the proposed ordinance. Uses Permitted ( "R -S "). :b) Reword as follows: "Gardening, orchards, vineyards, greenhouses and other horticulture not "to exceed acre in total land area;" Minimum Yards Required ( "R -S "). (a) Front yard. Change first paragraph to read "....of a depth of not less than fifty (50') feet. - ADDITION OF meeting, Mr. agreement on a letter had in the area, 127 Acting Chairperson Cole reopened the public hearing. Jim Hale, Route 2, 737 H Printz Road, stated that he and Mr. White have very narrow lots and that the 50 ft. setback suggested in the ordinance would create a hardship on them as far as their property is concerned. Planner Sullivan pointed out that Mr. Hale had met with Mr. Castro and was advised that since his property was a lot of record, if he chose to build an accessory building on his property the Variance procedure would be the proper tool to use. William Lackey, 1270 Longview, Pismo Beach, suggested including the Optional Design Standards clause in this District, which would eliminate the need for a Variance. Planner Sullivan pointed out that Optional Design Standards pertain to subdivisions. Mr. Bill Langworthy, Printz Road, stated he is in favor of the con- cept of the proposed ordinance and hopes that the Planning Commission and Council will approve it. Mr. Kirkpatrick, Printz Road, spoke in favor of the proposed ordinance. There being.no further comments from the audience, Acting Chairperson Cole declared the hearing closed, and reminded the Commission that the proposed ordinance has been discussed for a long time and the property owners' comments have been heard. She further suggested that if the Commission wants to make some changes to the proposed ordinance, that these changes be heard tonight. After considerable discussion, it was the consensus of the Commission. that the following changes be made to the proposed ordinance: Second paragraph - delete the word "repairing." _ Arroyo Grande Planning Commission, 8 -7 -79 Page 2 (b) Side yards. Change paragraph to read "....of not less than thirty (30') feet on either a corner or interior lot." Fences and Walls ( "R -S "). Reword as follows: "Fences or walls shall be permitted, but not required, in the Residential- Suburban ( "R -S ") District. Such fences or walls shall not exceed six (6') feet in height when located in any required front or side yard abutting a street. Such fences shall not restrict the sight distance on any road oradriveway entering a public road." Water and Sewer Requirements ( "R -S "). (a) Change paragraph to read "....provided that quantity and quality of said water sources shall be approved by the San Luis Obispo County Health Depart- ment." (c) Reword paragraph as follows: "That no building permit be issued where water supply depends on service from a community well system." After further discussion, the following action was taken: RESOLUTION NO. 79 -684 Z A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEW ZONING DISTRICT (RESIDENTIAL SUBURBAN DISTRICT), AND RECOMMENDING TO THE CITY COUNCIL FOR THEIR ACTION AND ADOPTION. On motion by Commissioner Fischer, seconded by Commissioner Carr, and by the following roll call vote, to wit: AYES: Commissioners Carr, Fischer, Sebastian and Acting Chairperson Cole. NOES: None ABSENT: Commissioners Moots, Simmons and Vice Chairman Gorsline. the foregoing Resolution was adopted this 7th day of August 1979. REQUEST FOR NEGATIVE DECLARATION - PROPOSED ZONING ORDINANCE AMENDMENT - ADDITION OF RESIDENTIAL SUBURBAN DISTRICT. . After a brief discussion, the following action was taken: RESOLUTION NO. 79 -685 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 Sebastian, and by the following roll call vote, to wit: AYES: Commissioners Carr, Fischer, Sebastian and Acting Chairperson Cole. NOES: None ABSENT: Commissioners Moots, Simmons and Vice Chairman Gorsline. the foregoing Resolution was adopted this 7th day of August 1979. PUBLIC HEARING - PROPOSED ZONING ORDINANCE AMENDMENT - ADDITION OF RESIDENTIAL SENIOR CITIZENS DISTRICT. Planner' Sullivan reviewed that sometime ago he and Planning Director Castro presented to the Planning Commission and City Council the concept of amending por- tions of the Planned Development District to allow senior citizen complexes, and advised that the City Council did not approve of this particular procedure to allow senior citizensprojects. The Council requested that staff prepare an ordinance in the same format as the other districts; essentially creating a new district for senior citizens' projects. Mr. Sullivan pointed out that the proposed ordinance follows the same format as all other districts with the possible exception of front yard requirements. Instead of having a standard setback, the ordinance requires that the front yard setback shall be on a ratio to the building site. The reason for the landrratio setbacks in this district is to pull the development towards the center of the lot and to create a park like atmosphere around it. The only other Arroyo Grande Planning Commission, 8 -7 -79 Page 3 change would be instead of putting a special parking requirement within the body of the text, we are saying that-Chapter 26 of the Zoning Ordinance that deals with parking requirements be amended to include the requirements for senior citizens' complexes. He further noted that the maximum density shown on Page 3 equates to 34 units per acre, and the development standards: shown on Page 4 are - fairly des- criptive of what is done in Architectural Review. Upon being assured by Planner Sullivan that proposed Zoning Ordinance amend- ment had been duly published and posted, Acting Chairperson -Cole declared the . hearing open. Mr. Von Biskupsky expressed protest against high density of 34 units for Garden Apartment type zoned property. Elizabeth Jackson, 208 Fair View Drive, stated she would be in favor of a senior.citizens district providing the projects are built within the income of the senior citizens and are built low enough or with elevators so that they can get up and down and out of them. Mr. Tony Ranaletti, Arroyo Grande, advised that the items that. Mrs. Jackson mentioned are required by the Federal Government. Judith Wheeler, 426 California Street, ad- vised that the reason for the high density is to make the units more affordable for the senior citizens. There being no further discussion for or against the proposed new district, Acting Chairperson Cole declared the hearing closed. During Commission discussion, the following changes were recommended to the proposed ordinance: Purpose ( "R -SC "). Add the following at the end of the paragraph: "...senior citizens 62 years or older." Minimum building site and 1ot width required ( "R -SC "). (c) Minimum lot depth. delete words for residential uses." Development standards ( "R -SC "). (f) Change wording as follows: "Elevators. shall be provided for two story developments to meet or exceed minimum State requirements subject to review by the Planning Commission and City Council." After a brief discussion, the following action was taken: RESOLUTION NO. 79 -686 Z A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEW ZONING DISTRICT (RESIDENTIAL SENIOR CITIZENS DISTRICT), AND RECOMMENDING TO THE CITY COUNCIL FOR THEIR ACTION AND ADOPTION. On motion by Commissioner Carr, seconded by Commissioner Sebastian, and by the following roll call vote, to wit: AYES: Commissioners Carr, Fischer, Sebastian and Acting Chairperson Cole. NOES: None ABSENT: Commissioners Moots, Simmons and Vice Chairman Gorsline. the foregoing Resolution was adopted this 7th day of August 1979. PUBLIC HEARING - AMEND. TO THE GENERAL PLAN LAND USE ELEMENT MAP - CHANGING CLASSIFICATION OF CERTAIN PROPERTIES LOCATED GENERALLY NORTH OF THE EXTENSION OF LE POINT .STREET FROM LOW DENSITY RESIDENTIAL TO THE CENTRAL BUSINESS DISTRICT. (APN 7- 191 -01, PTN, APN 7- 191 -37 AND 7- 191 -36) Planner Sullivan described the properties being considered for reclassifi- cation on the map. He pointed out that Interiors by Amanda have applied for re- zoning to the Central Business District; her 'zoning is now split with "R -1" and "C -B -D ", and she intends to completely restore the residence and use it for an office or retail store. . He further noted that he expanded the zone change to in- clude the Guidetti property and Mrs. Guidetti is in favor of the proposed change. Upon being assured by Planner Sullivan that public hearing for the proposed amendment to the General Plan Land Use Element Map has been duly published and posted, Acting Chairperson Cole declared the hearing open. 128 30 Arroyo Grande Planning Commission Page 4 Mr. Clint Lambert, 850 Virginia Drive, advised that their prime concern right now is restoring the old house, and pointed out that they do have ample parking area to accommodate the use. There being no further comments for or against the proposed amendment, Acting Chairperson Cole declared the hearing closed. Planner Sullivan advised that if the Commission approves the amendment tonight, the public hearing for the zone change would be set for their August 21, 11979 meet- ing. Commissioner Sebastian suggested that staff contact the owners of the property • between the red line shown on the map and the Hoosgow Park to determine if they want to be included in the proposed change. Acting Chairperson Cole pointed out that, in her opinion, since both property owners are in favor of this change and Amanda's is interested in developing that residence, if we extend this now, we are just delaying her development. After discussion, the following action was taken: RESOLUTION NO. 79 -686 G A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENTMMAP, AND RECOMMENDING TO THE CITY COUNCIL FOR ITS ACTION AND ADOPTION. On motion by Commissioner Carr, seconded by Commissioner Fischer, and by the following roll call vote, to wit: AYES: Commissioners Carr, Fischer and Acting Chairperson Cole. NOES: Commissioner Sebastian ABSENT: Commissioners Moots, Simmons and Vice Chairman Gors'line. the foregoing-Resolution was defeated. this 7th day of August 1979. Commissioner Sebastian moved that the other properties previously noted be included in the proposed amendment. Motion lost for lack of a second. After further discussion, on motion by Commissioner Carr, seconded by Commis- sioner Fischer, and unanimously carried,that the public hearing be continued to the next regular Commission meeting. PUBLIC HEARING - USE PERMIT CASE NO. 79- 284, 523 CROWN STREET, CONDOMINIUM CONVERSION OF 16 UNIT APARTMENT COMPLEX. (AGENT - ERVIN ENGINEERING). Planner Sullivan reviewed the staff report, dated July 27, 1979, noting that the project is a 16 unit apartment complex located on Crown Hill and was constructed about a year or so ago. Upon being assured by Planner Sullivan that public hearing for Use Permit Case No.79 -284 had been duly published, posted and property owners notified,' Acting Chair- person Cole declared the hearing open. Mr. Kirby Gordon, 405 Indio Drive, Pismo Beach, one of the owners of the project, spoke in favor of the proposed use. Mr. Brady, tenant of the apartments•at 523 Crown Street, spoke in favor of the use being granted. He advised the tenants were very much interested in the condominium conversion; this would give them an opportunity to get into a condominium and be a part of the town. Faith Wescom, 203 E. Cherry Ave., stated she is not really for or against the use, but in her opinion Mr. Gordon is asking the City to bail him out of his problem. Mrs. Elizabeth Jackson, 208 Fair View Drive, commented it seems to her that when these apartments were being built, they were built with the intent that they be converted to condominiums, because of all of the extras that were included, which are not normally found in apartments. She further commented she is against converting apartments into condominiums. Mr. Lou Caballero, Arroyo Grande, stated the apartments are already built, and you have 16 families of young people that are in there have indicated interest in purchas- ing the units. He stated the way the market is changing monthly, if these people have to wait, they are going to have to pay that much more. . Marie Cattoir, 195 Orchid Lane, pointed out that 16 apartments were allowed and, under Mr..Sullivan's findings for condominium conversions, he has found that only 13 would be allowed. Mr. Sullivan stated that if the project were to be built today and were to come in for Architectural approval, all that would be allowed would be 14 units. There being no further comments from the audience, Acting Chairperson Cole de- clared the hearing closed. Arroyo Grande Planning Commission, 8 -7 -79 Page 5 Planner Sullivan advised the only problem that staff had with the project was the General Plan density and the lack of private open space, and their principal concern was one of possibly setting a precedent.' After discussion by the Commission, Planner Sullivan stated that in view of the Commission's concerns regarding different interpretations of the Government Code, they may wish to continue the matter to the August 21st meeting. Mr. Gordon advised he could not concur with the continuance, mainly because it has been over 50 days and, in his opinion, there should be a determination made on the map. He further noted that, according to State law, if a determination is not made within 50 days, then it is approved. He reiterated that all 16 people that live in the project now have signed a letter of intent to buy their unit and, in his opinion, shouldn't have to wait any longer. Also, in order for the Commission to deny the Use Permit, they would have to make a finding that it is detrimental to the health, safety and welfare to the people of the community. After further discussion, the following action was taken: RESOLUTION NO. 79 -687 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING WITHOUT PREJUDICE USE PERMIT CASE NO. 79 -284. On motion by Commissioner Carr, seconded by Commissioner Sebastian, and by the following roll call vote, to wit: AYES: Commissioners- Carr, Cole, Fischer and Sebastian NOES: None ABSENT: Commissioners Moots, Simmons and Vice Chairman Gorsline the foregoing Resolution was adopted this 7th day of. August 1979. SUBDIVISION REVIEW - TENTATIVE TRACT NO. 835, 523 CROWN STREET, CONDOMINIUM CON- VERSION OF 16 UNIT APARTMENT COMPLEX. (AGENT - ERVIN ENGINEERING). Acting Chairperson Cole advised that since the Use Permit for this project has been denied by the foregoing action, the subdivision review of the project would not be necessary. REVIEW - OAK PARK ACRES COMMERCIAL DEVELOPMENT Planner Sullivan referred to the staff report, dated August 7, 1979 and briefly described the proposed commercial development which will include a 68 unit motel, two medical complexes, a series of small shops with a convenience market and restaurant. Mr. Reuben Kvidt and the Architect, Mr. Shirl Cornwall, presented colored elevations and a site plan of the proposed development. Planner Sullivan further advised the Commission that any modifications,to the plans presented or any signing program will require approval of the Planning Commission and City Council. In response to Commissioner Sebastian's concerns regarding solid waste disposal for the medical center area, Planner Sullivan suggested adding Item No. 9 to the conditions of approval, dated August 7, 1979 as follows: "That a properly screened area be provided for solid waste disposal for the medical buildings ". After a brief discussion, on motion by Commissioner Sebastian, seconded by Commissioner Fischer, and unanimously carried, approving the Oak Park Acres Com- mercial Development on Lots 4 and 5 of Tract 604, subject to the conditions listed in the staff report, dated August 7, 1979, including the addition of Item No. 9 as previously noted and forward to the City Council for their action. LOT SPLIT CASE NO. 79 -312, TENTATIVE PARCEL MAP 79 -067, PORTION OF LOTS 15, 17 AND 18 OF WOOD ADDITION - CHERRY AVENUE. (CLAGG). Planner Sullivan reviewed the recommendations noted in the staff report dated August 3, 1979. He noted it is the department's policy that if a parcel of.prop- erty can be divided by using a dedicated street rather than flag lots, then that should be the recommendation. Mr. Mitch Walker, representing the applicant, stated with regard to the staff report recommending that the cul -de -sac bulb radius be reduced to 40 ft., they are objecting to restricting parking on that and would prefer to go back to the 52 ft. cul -de -sac; also, even though they are large lots, they are opposed to the require- ment of two extra off street parking spaces. City Engineer Paul'.;Karp' advised that the Public Works Department has reviewed the proposed split, and it is their feel- 131 132 Arroyo Grande Planning Commission, 8 -7 -79 Page 6 ing that flag lots would be the best way to go for this lot split. Mr. Walker noted that they had originally submitted two concepts; one with the 52 ft. cul -de- sac, and one showing flag lots. Commissioner Sebastian commented that, in his opinion, the original concept meets the.parking and traffic situation much better and provides larger building lots. After discussion, on motion by Commissioner Sebastian, seconded by Acting Chairperson Cole, that the Commission accept the flag lot concept with the condit- ions appropriate to the flag lot concept. The motion resulted in no action by the Commission due to a split vote. Faith Wescom, 203 E. Cherry Ave., spoke in favor of the flag lot concept, not- ing it would be an improvement over what is there now. Commissioner Carr stated he would like to see the flag lot concept brought back before the Commission for review. The applicant's representative agreed to resubmit the flag lot design. LOT SPLIT CASE NO. 79 -313, LOT 5, TRACT NO. 50, LOCATED BETWEEN TODD LANE AND OLIVE STREET (LACKEY), Planner Sullivan reviewed that at the Planning Commission's last meeting this matter was discussed and, at that time, the Commission requested to review the Title Report on the subject property, and that said Title Report had been included with their Agenda material. He further noted the report indicates that the four existing contiguous parcels fronting on So. Halcyon Road are in common ownership with the parcel petitiondd to be split. He advised that staff's concern was focused on the density based upon the finding that the proposed split is not consistent with the General Plan Land Use Element prescribed density. After considerable discussion on the matter, it was the consensus of the Comis- sion that Lot Split•Case No. 79 -313 be continued to the next regular meeting pending receipt of a written opinion from City Attorney Shipsey. LOT SPLIT CASE NO. 79 -314, LOT 5, TRACT 604, OAK PARK ACRES (KVIDT). Planner Sullivan reviewed the recommended conditions of approval as noted in the staff report dated August 3, 1979. Mr. Lou Caballero, agent for the applicant, stated that they basically agree with the conditions set forth, and.that the lot split is merely a vehicle for the development plan of the commercial property. After a brief discussion, on motion by Commissioner Fischer, seconded by Commis- sioner Sebastian, and unanimously carried, Lot Split Case No.79 -314, Lot 5, Tract 604 of Oak Park Acres was approved, subject to the conditions listed in the staff report dated August 3, 1979. LETTER OF APPEAL FROM BILL LACKEY Planner Sullivan referred to a letter to the Arroyo Grande Planning Commission, from Mr. Lackey, dated July 23, 1979, appealing requirements for curb, gutter and sidewalk to be placed in conjunction with the issuance of a building permit to rebuild his home that was damaged by fire. It was the consensus of the Commission that since the requirement exists in the Ordinance they would be unable to grant the appeal and, after a brief discussion, on motion by Commissioner Sebastian, seconded by Commissioner Fischer, and unanimously carried, that Mr. Lackey's appeal be denied. LETTER FROM EARL C. JENKINS, M.D. (ARCHITECTURAL REVIEW CASE NO. 78 -183) Planner Sullivan referred to the letter from Dr. Jenkins, dated July 30, 1979, wherein he is requesting deletion of the requirement for a fence on property line as a condition of Architectural Review Case No.78 -183. Dr. Jenkins was present and ad- visdd the Commission that he has discussed the matter with Dr. Brauninger, the adja- cent property owner, and they both agreed that when Dr. Brauninger puts his new build- ing up, they would rather have the whole area open as a group of doctors' offices rather than putting fences in between. Acting Chairperson Cole stated that if the requirement is deleted, there should be some provisions made to insure that Dr. Brauninger is not penalized by having to erect a fence on property line when he builds his offices. After further discussion, on motion by Commissioner Carr, seconded by Acting Chair- person Cole, and unanimously carried, that the requirement for a fence along the prop- erty line be deleted from the conditions of Architectural Review Case No. 78 -183. ADJOURNMENT There being no further business before the Commis ion, the meeting was adjourned by Acting C,airperson Cole at 1-15 A.M. ATTEST: / ` o a h Secretary J. Acting Chairperson