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PC Minutes 1979-03-20Arroyo Grande Planning Commission March 20, 1979 The Arroyo Grande Planning Commission met in regular session with Chairman Harris presiding. Present are Commissioners Fischer, Moots and Simmons. Commis- sioners Cole, Gorsline and Vandeveer are absent. Also in attendance are Planning Director Castro and Planner Sullivan. MINUTE APPROVAL Chairman Harris corrected the minutes by adding the discussion wherein he had requested staff to review all districts of the zoning ordinance for possible discrepancies regarding the definition of medical offices and profess- ional offices. There being no further additions or corrections, the minutes of the regular meeting of March 6, 1979 were approved as corrected. REQUEST FOR WAIVER OF CROSS SLOPE REQUIREMENTS OF SUBDIVISION ORDINANCE SECTION 9- 3.403, TRACT 555, UNITS 2 AND 3. (OAKCREST ASSOCIATES). Planning Director Castro reviewed the letter of request from Oakcrest Associates and the staff's response to the request. He advised that the matter has been reviewed on numerous occasions by the Public Works and Planning Depart- ments, and that the problem being encountered is that the cross slopes as re- quired in the ordinance are creating situations where we are leaving an ungraded area that is totally unrelated to the building pad and completely unusable for future use by the prospective home owner. He pointed out that the Ordinance does not address itself to the relationships between the building pad graded area and the un- graded area within the same lot and, consequently, because of the hilly or rolling terrain such as we have in this particular development, there are pockets of land within each of these lots that are completely unusable or totally unrelated to the housing unit. He further advised that we have these situations on even bigger lots in the Oak Park Acres development where the pads have been completed and the un- graded areas have left swales or deep pocket areas providing no benefits to future home owners. Mr. Castro suggested that in a situation like Tract No. 555, the Commis- sion might consider a new policy as to how we will be creating the future lot pad for those developments. The size of the lot will be a determining factor, but that is basically what the concern is. We would rather see the entire lot padded thus creating a more useable piece of property as opposed to what we have now. This would also resolve the drainage concerns on the tract right now. Mr. Castro recommended that this matter be continued for two weeks until the full Commis- sion is present to consider possibly a waiver to the ordinance on this develop- ment, and also to look beyond to the other developments that will be coming in and consider the overall development of the City. Ed Dorfman, 341 Pier Street, Pismo Beach, developer of the project, ad - vised that the Ordinance only applies to lots over 10,000 square feet, and this would cover 9 or 10 lots in the tract. The total earth moving would only be about 6,300 yards for the entire 19 lots including the streets. Plannerr Sullivan commented that if you take the Ordinance literally, on a lot that falls into the category that these lots are in, 20% of the lot has to remain in a natural state. The developer6' engineer prepared a grading plan that met the conditions of the Ordinance, and 20% became a totally unusable portion of that site. Planning Director Castro suggested that the entire Commission re- view the matter because, in his opinion, the same principles being discussed here will apply to other developments coming in, and it is evident that the ordinance is really not achieving what we want. Chairman Harris stated he would prefer not to grant a waiver of these re- quirements for one development, but if there is a problem that a change of the Ordinance be considered, and recommended that staff suggest an Ordinance and pre- sent it to the Commission for review, keeping in mind that the original intent of it was to protect the basic configuration of the hillsides, which would partic- ularly apply to larger lots. Mr. Dorfman stated he would have no problem with the Commission continuing this matter for two weeks. He further commented that if the waiver is granted, in his opinion, we will have a better product for the City and the ultimate home buyer. After further discussion, on motion by Commissioner Fischer, seconded by Commissioner Moots, and unanimously carried, to continue the matter for two weeks. 070 X80 Arroyo Grande Planning Commission, 3 -20 -79 Page 2 CONTINUATION OF PUBLIC HEARING - REZONING CASE NO. 79 -124, 181 TALLY HO ROAD (SHIGINAKA). Planning Director Castro recommended that this matter be delayed and con- sidered after the Canyon Way Rezoning Case. PUBLIC HEARING - REZONING CASE NO. 79 -126, "RA -B3" RESIDENTIAL AGRICULTURAL DIST- RICT TO "RA-B2" RESIDENTIAL AGRICULTURAL DISTRICT, CANYON WAY (CANYON WAY PROPERTY OWNERS). Planning Director Castro referred to Exhibit "A" which was mailed to the Commissioners in their agenda packets noting the properties which have applied for rezoning from "RA -B3" to "RA -B2" District. He pointed out that there are properties fronting on Tally Ho Road, James Way and Canyon Way that are not in- cluded as part of the application, and his concern in proceeding with the appli- cation is that there are instances where spot zoning is being suggested, primarily on Lots 1, 4 and 5 along Canyon Way. Also, staff questions whether Lot 12 is a lot with an easement on Canyon Way or James Way, and depending on where that ease- ment is located, could also institute a spot zoning situation. Mr. Castro also advised that he had received a letter from Mr. Mulder, owner of Lot 4, requesting that his property be included in the rezoning application. Planning Director Castro referred to the map labelled "Zoning Study Proposals ", showing alternatives. One alternative would be to include Area No. 2, which would include most of the area up to Ridgeview Way and the rear property line fronting on Tally Ho Road. The other consideration would be to expand into Area No. 3 which would then in- clude the Shiginaka rezoning application, and would also address itself to the concerns expressed before on the Tally Ho Road area. Upon being assured by Planning Director Castro that public hearing for Rezoning Case No. 79 -126 had been duly posted, published and property owners notified, Chairman Harris declared the hearing open. Mr. Facchetti, 248 Tally Ho Road, stated he would have no objection to the rezoning but requested that before any building permit is issued, that an adequate drainage system be put in. Mr. Dan Davies, 258 Tally Ho Road, stated he agreed with Mr. Facchetti, and he did not see how the Commission could even consider any- thing like that without improved drainage on Tally Ho Road. Mr. Bob Laurent, 241 James Way, signer of the petition for rezoning, advised that there seems to have been some inconsistencies in the past., and one of the reasons for the rezoning is to bring the area into overall general similarity. He further stated that, in his opinion, this petition should be considered only on its own merits. In ad- dressing the concerns of the previous two speakers, Mr. Laurent stated they have discussed and have agreed to whatever improvements are necessary to solve the drainage problems that currently exist on Canyon Way and would certainly contri- bute to the improving of the Tally Ho drainage problem, such as installation of culverts, catching basins, etc. in the recommended manner of the City. He stated that they feel the improvement of Canyon Way will allow the present property own- ers who own on the east side of Canyon Way to build on their properties. He fur- ther advised that since his property fronts on the road to be improved, he will be assessed for a portion of the improvements, and that is one of the reasons for the request to change the zoning in order that some of the cost might be defrayed by the potential sale of smaller lots. Mr. Dan Davies, 258 Tally Ho Road, pointed out that no matter what kind of drainage improvements are installed, the Tally Ho Creek just can not handle any more water, and that the creek is going to have to be improved to collect all of this drainage before any more water can go in there at all. Judy Cumley, 363 No. Fourth Street, Grover City, petitioner for the re- zoning, inquired if there is any way ithehe Canyon Way area could be approved now, and if it would be possible to include the other areas at another time,rather than the Canyon Way petitioners waiting for re- advertising, etc. Planning Director Castro advised that even the Canyon Way District has problems and the application needs to be amended to include the 4 remaining parcels. Planner Sullivan pointed out that the people who are applying for•the zone change on Canyon Way have also applied for an assessment district to put in improvements such as streets, drainage, etc. After considerable discussion, the public hearing was continued to April 2, 1979, and was to be re- advertised to expand the boundaries to include those proper - ties along James Way and those that front on the north side of Tally Ho Road to La Barranca, which would also include the Shiginaka property. Arroyo Grande Planning Commission, 3 -20 -79 Page 3 CONTINUATION OF PUBLIC HEARING - REZONING CASE NO. 79 -124, "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT TO "RA -B2" RESIDENTIAL AGRICULTURAL DISTRICT, 181 TALLY HO ROAD (SHIGINAKA). Chairman Harris advised that this property is going to be included in the Canyon Way rezoning and will be considered at the next meeting of April 3, 1979. PUBLIC HEARING - USE PERMIT CASE NO. 79 -280, ADDITION TO FREE STANDING SIGN; 500 TRAFFIC WAY, (CITY NEON, AGENTS FOR ROYAL MOTEL). Planner Sullivan reviewed the proposed sign. He advised that there is an existing sign 5' x 6' approximately 30 ft. tall, and the proposed additional sign is 4' x 6'. Upon being assured by Planning Director Castro that public hearing for Use Permit Case No. 79 -280 had been duly posted, published and property owners notified, Chairman Harris declared the hearing open. Mr. Alan Rogers, 390 Walker Street,'San Luis Obispo, City Neon, commented that the proposed sign is to be in the Highway Service District which allows a maximum of a 300 square feet of signage, and that with the footage of the pro - posed sign, plus the square footage of the existing sign there would be an over- all total of 54 square feet, which is.well under the 300 ft. maximum. Mr. Rogers showed a picture of the Arroyo Grande Motel, which: is located approximately one block away from the subject property, and'advised they have a reader board that is approximately 4' x 8', and the applicant is only requesting a 4' x 6' reader sign. Chairman Harris inquired if there were any comments from the audience. There being none, Chairman Harris declared the hearing closed. After considerable discussion with regard to the accessory sign, it was the consensus of the Commission that a 3' x 4' sign would be more desirable than the requested size of 4' x 6', and the following action was taken: RESOLUTION NO. 79 -659 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 79 -280. On motion by Commissioner Fischer, seconded by Commissioner Simmons, and by the following roll call vote, to wit: AYES: Commissioners Fischer, Moots, Simmons and Chairman Harris. NOES: None ABSENT: Commissioners Cole, Gorsline and Vandeveer the foregoing Resolution was adopted this 20th day of March 1979. PUBLIC HEARING - SCENIC ELEMENT OF THE GENERAL PLAN Upon being assured by Planning Director Castro that the public hearing on the Scenic Element of the General Plan had been duly published, Chairman Harris declared the hearing open. Planning Director Castro briefly reviewed the preliminary draft of the Scenic Element that had been sent to the Commission sometime ago. Mr. Baden, 1385 Brighton Ave., inquired as to how -far the element goes along Grand Avenue. Planning Director Castro advised it will extend the entire length of Grand Avenue, continuous along Branch Street, Huasna Road and up to Lopez Lake, and that it affects just the street right of way. There being'no further discussion for or against the proposed Scenic Element, Chairman Harris declared the hearing closed. Chairman Harris stated he agreed with the proposed plan except for the inclusion of Grand Avenue because of the amount of traffic, businesses, etc. Planner Sullivan pointed out that one of the reasons Grand Avenue is included is because it is the major connection between some of the most important recreation areas in the State; namely, Lopez Lake and Pismo Beach. After a brief discussion, the following action was taken: G81 082 Arroyo Grande Planning Commission, 3 -20 -79 Page 4 On motion by Commissioner Fischer, seconded by Commissioner Simmons, and by the following roll call vote, to wit: AYES: NOES: ABSENT: RESOLUTION NO. 79 -660 G RESOLUTION OF THE PLANNING COMMISSION OF'THE CITY OF ARROYO GRANDE ADOPTING THE SCENIC ELEMENT OF THE GENERAL PLAN.* Commissioners Fischer, Moots and Simmons Chairman Harris Commissioners Cole, Gorsline and Vandeveer . the foregoing Resolution was defeated this 20th day of March 1979. Planning Director Castro advised the Commission that four affirmative votes are needed for a recommendation to the Council, and that he would like to bring the matter back to the Commission at the next meeting. Chairman Harris reiterated his opinion that the business areas of Grand Avenue and Traffic Way should not be included in the Scenic Element. REVIEW - CONDOMINIUM CONVERSION ORDINANCE. Planning Director Castro reviewed his report to the Commission; dated March 20, 1979 regarding the Condominium Conversion Ordinance, and recommended that the matter be further reviewed at the next regular meeting when the full Commission is present. After a brief discussion, review of the Condominium Conversion Ordinance was continued to the Planning Commission meeting of April 3, 1979. REQUEST OF THE PLANNING DIRECTOR FOR CORRECTION TO PLANNING COMMISSION MINUTES NOTING THE GRANTING OF A NEGATIVE DECLARATION FOR THE WILDWOOD RANCH AND MARSALEK PROJECTS SUBJECT TO SUPPLEMENTAL PLANNING AND ENGINEERING DATA. Planning Director Castro advised the Commission that he had called the Attorney General's office because he needed some new direction on two projects that the Commission will be considering very soon; Grande Highlands and Knollwood. One of the things he feels we are lacking in our review process is guidance and policy from the Council. He stated he asked the Attorney General if we could delete, for the moment, the EIR requirements and merely get some guidance and policy from the Commission and Council. The answer was "yes" so long as there is no formal action. In the matter of Negative Declarations and Focus Reports, he was advised by the Attorney General's office that a Negative Declaration would have been in order on the Marsalek and Wildwood Ranch projects, provided that the Commission conditioned the approval subject to supplemental data being presented to the City regarding Planning And Engineering concerns. In view of the above advice, Planning Director Castro requested that the Commission formally grant a Negative Declaration on Wildwood Ranch and the Marsalek property by amending the minutes. After a brief discussion, on motion by Commissioner Simmons, seconded by Commissioner Moots, and unanimously carried, that Resolution Nos. 78 -638 EIR and 79 - 658 EIR be amended granting Request for Negative Declaration subject to sup- plemental data being presented to the City regarding Planning and Engineering concerns. REQUEST OF JOSEPH P. BIAFORA, ETAL. FOR PRELIMINARY REVIEW OF SENIOR CITIZENS PROJECT, 365 SO. ELM STREET. Planning Director Castro referred to the staff report, dated March 16, 1979. He advised the Commission that he had been contacted by the parties in question who are wanting to develop a three story senior citizens retirement com- plex on Elm Street in the "R -G" Garden Apartment District. He stated he advised the applicants of the 30 ft. height restriction in the district, and also of the parking requirements that would have to be reduced because of the nature of the project itself. He further advised that staff feels this is a good project and it is in a location that will be convenient to the senior citizens because it is near the parks, shopping facilities and the bus system and, in his opinion,it is the type of project that the City should try to encourage to satisfy some of the needs of our Housing Element. 1 Arroyo Grande Planning Commission, 3 -20 -79 Page 5 Mr. Sam Taylor, of Garing, Taylor and Associates, 141 So. Elm Street, representing the applicants, briefly outlined the proposed project for the Commission. He advised the project will have 100 units and is for senior citizens 62 years of age or older; also, 10% of the units will be for handiea capped people. Also, it is basically for low income people. He further stated that the proposed site satisfies all of the requirements that HUD re- quires for this type of project; namely, nearness to hospitals, walking dis- tance to shopping, bus lines, recreational facilities, etc. With regard to the parking requirements, Mr. Taylor commented that due to the nature of the project and the age and income of the tenants, not too many of them actually have vehicles, so perhaps the parking requirements could be cut down quite a bit. Chairman Harris asked in what other areas would the project potentially fail to meet City standards besides the height restrictions and the parking. Planning Director Castro advised that the density may also have to be considered. Chairman Harris advised he would not be in favor of the project if it could not meet the City standards, however, if it is necessary for the project to be built and there is strong enough support for it, the City standards would have to be changed. After considerable review and discussion, it was the consensus of the Commission that they would be in favor of such a project providing the proper amendments could be made to sections of the Code to reflect this type of pro- ject. REVIEW OF REVISED PLANS FOR STROTHER PARK For the Commission's information, Planning Director Castro reviewed the revised plans for Strother Park, and advised that construction will begin ap- proximately April 2nd. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:10 P.M. on a motion by Commissioner Fischer, seconded by Com- missioner Moots, and unanimously carried. ATTEST: Secretary Chai n 083