HomeMy WebLinkAboutPC Minutes 1973-09-18taken;
- Arroyo Grande Planning Commission
September 18, 1973
The Arroyo Grande Planning Commission met in regular session with
Chairman Pope presiding. Present are Commissioners Calhoon, Goulart and
Spierling. Commissioners Gullickson,.Jones and Porter are absent. Also in
attendance are City Administrator Butch and Planning Director Gallop,
MINUTE APPROVAL
Upon hearing no corrections or additions, Chairman Pope accepted the
minutes of the regular meeting of September 4, 1973 as prepared.
PROPOSED RESOLUTION PERTAINING TO PUBLOC HEARINGS
Director Gallop informed the Commission that several months ago the
State Legislature requested that all bodies dealing with zoning matters adopt
a uniform policy of procedures on conducting public hearings with reference to
zoning and planning matters. He advised that a resolution has been prepared
and approved by City Attorney Shipsey,and is in keeping with State Legislative
requirements, and it does set out certain policy statements with reference to
conduct of public hearings. Directoo p pointed out that from this time
on, all proceedings of meetings will "'be' recorded by tape and will be available
for reproduction for anyone wishirig'ta purchase them, and the staff reports,
which are always prepared the week 'In advance of the meetings, will be avail-
able to the public. Director Gallop reviewed the procedure set out in the
resolution on how meetings are to be conducted.
Chairman Pope reviewed the present procedure used in conduct of
public hearings, in that he first calls for the staff report, then the pro-
ponents, and then those opposing the matter, after which the meeting is opened
to the public for comment. Director Gallop reviewed the Order of Evidence as
follows;
a. Staff report and /or Planning Commission report.
b. Testimony of persons in favor of the proposal.
c. Testimony of persons in opposition to the proposal.
Commissioner Goulart questioned segregating the people for and
against the proposal, and pointed out that in his experience, there were
times during public hearings when he wanted to say something but did not
want to . be pin pointed as being for or against the proposal. Director Gallop
advised that paragraph "d" could be added as follows "Any other testimony
or information pertaining to the matter ".'
Commissioner Spierling suggested that another paragraph be added
whereby any person who has any complaint about any City employee or member
of this Commission be obligated to put that complaint in writing, with his
signature below, and file it with the Secretary, in connection with any
kind of hearing. Director Gallop commented that such a paragraph could be
worked in as a part of the policy statement.
After discussion, on motion by Commissioner Goulart, seconded by
Commissioner Spierling, and unanimously carried, that the proposed reso-
lution be amended to [nclude the, following items:
Order of Evidence
d. Any other testimony or information pertaining to the matter.
Rules of Evidence
e. On connection with 'a.ny�ahea.ring, ,ariy person who has a complaint
about a City employee or of this Commission be obligated
to put that complaint in writing, with his signature below, and
filee with the Secretary.
After adoption of the above amendments, the following action was
RESOLUTION NO. 73 =313
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE ESTABLISHING PLANNING COMMISSION PROCEDURAL
RULES FOR THE CONDUCT OF ZONING AND PLANNING HEARINGS.
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Arroyo Grande Planning Commission ,..,9. -18-73 Page 2
On motion by Commissioner Spierling, seconded by Commissioner Goulart,
and by the following roll call vote, to wit:
AYES: Commissioners Calhoon, Goulart, Spierling and
Chairman Pope
NOES: None
ABSENT: Commissioners Gullickson, Jones and Porter
The foregoing Resolution was adopted this 18th day of September 1973.
PUBLIC HEARING - TO CONSIDER REVOCATION OF VARIANCE CASE NO. 73-50 STORAGE
IN . A C -N DISTRICT 152 GRAND AVENUE CHARLES LOONEY .
Director Gallop reviewed that last February 20, 1973, a public hearing
was held to consider granting a Variance to Mr. Looney at 1524 Grand Avenue to
conduct a paint storage and contracting business, primarily paint storage in the
C -N District. In considering the Variance, the Fire Department and Planning
Department made a series of.recommenda.tions which were adopted and made a part
of Resolution No. 73-284 V..Director-: Gal lop read the requirements of Resolution
No. 73 -284 V as follows;
1. Storage and housekeeping in buildings shall be orderly so as not
to constitute a hazard, and shall be in keeping with good fire
prevention practices.
2. The flammable liquid shall be located in an area (room) so
designated one hour type construction.
3. A regular routine shall be established for the removal of debris
and unwanted materials.
4. Recommend keeping the L.P.G. dispensing.assembly locked to
prevent vandalism.
5. Provide one 2A 10 B.C. Fire Extinguisher.
6. L.P.G. tank shall be provided with a physical barrier to protect
the tank from vehicular damage.
7. A solid 6' fence .toa,be constructed northerly of the L.P.G. tank
to screen it from the residents on the hill.
8. If the open building is to be used for storage, then it should
be enclosed, and the storage of all materials to be inside of
the structure.
9. To be reviewed in six months.
Director Gallop advised that a number of inspections of the property
were made and at no time have these conditions been met, either partially or
in total, and that of all the conditions., only one is a planning and aesthetic
matter; all other conditions are of a protective nature as far as the Fire
Department is concerned. He further reviewed that on August 31st, 1973, Fire,
Chief Marsalek presented a report, dated August 30, 1973, of the inspection
of the property which was accompanied by five color photographs. The report
read as follows:
1. Storage and Housekeeping._
1.1 The lack of good storage practices is readily apparent and noted as
poor on previous inspections.
1.2 There appears to be no policy on the disposing of cans, litter, etc.
2. Flammable Li uq ids.
2.1 The flammable liquids are not located in an area so designated.
(See Item 2 original use permit).
3. • Combustible Waste and Trash.
3.1. These materials are located in a pickup bed and there does not appear
to be a regular routine for their removal.
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Arroyo Grande Planning Comm`issSoh, 9 =73 Page 3
4. L.P.G. .. a` ±.
4..1 The assembly is unlocked and subject to•vandallsm.
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4.2 The L.P.G. tank lacks a physical barrier and the existing barrier
is not acceptable. Minimum specifications on the barrier were
provided.
4.3 The ground growth, reed fence and other combustible material are
located adjacent, to the.L.P.G. tank and are ,deemed a combustible
hazard.
5. Fire Extinguisher.
5 .1 The fire extinguisher has not been installed per our original rem
commendation.
6. The open building is used for the storage of materials. (See Item 8
original use permit). _
On May 15, 1973, an inspection of these facilities was conducted with the
building inspector and,as our mutual letter indicated, that numerous of
the conditions that were noted have not been complied with.
During the August 30, 1973' inspection, Mr. Looney stated "that nothing
I can do here will satisfy you ".
In conclusion, it is the observation of this inspecting authority, that
(1) the operation as conducted has not satisfied the recommendations of
this department; (2) and that adequate time and notification have been
given for the occupant to. comply..
Therefore, the undersigned recommends that the use permit for the existing
,occupancy be terminated.
In the event, should the use permit be terminated, definite action should
be taken on the following jj conditions:
1. The use of the L.P.G. tank shall be discontinued immediately and
the facility removed from the premises.
All vehicles and materials be removed.
The paint and flammable liquid storage area should be restored
to its original condition.
.(Signed) TONY MARSALEK
Fire Chief
;Director Gallop noted that copies of•the above report were also sent to
Loohey and Mr. Garrison and they ; have -been fully informed up to that point,
and staff hasn't recelved..:anything, either verbal or in writing, from either
r. . ; arGison or Mr. Looney
U o being assured by Director Gallop that public hearing for consideration
b1 Re40 0t ;on `'of Variance :Case`, lo, 73 had been duly published and that the
petitioner, lessor and property owners were notified, Chairman: Pope declared
,Afrebilarlpg . open. There bei ng ,no persons in the audience to testify either i n
fov' *r 'of, : or against the revocation of the Variance, Chairman Pope declared
k :; #'i hear qg closed and, after .a bri'.ef disCvssion, the following action was taken;
'RESOLUTION NO. 7 3 - -314
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY.
OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL
THE REVOCATION OF VARIANCE CASE N0, 73 -50, GRANTED
BY RESOLUTION NO. 73- 284.V.
On motion by Commissioner Spierling, seconded by Commissioner Goulart
d,py,th.e following roll call .vote , to wit:
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Arroyo Grande Planning Commassi y 9 18 °73
AYES: Commissioners Calhoon, Goulart, Spierling and Chairman Pope
NOES: None
ABSENT: Commissioners Gullickson, Jones and Porter
The foregoing Resolution was adopted - this .l8th day of September 1973.
REFERRAL FROM THE CITY COUNCIL.- RE UEST FOR ANNEXATION
Director Gallop advised the request is one submitted to the City Council
for annexation, spotting the area on the map. Director Gallop pointed out
that part of the area is pre -zoned R-1, and that all of the property is presently
in a pocket on the outskirts of the City. There are eight parcels involved and
seven of the property owners have signed the petition. The area in question is a
hill area and the staff feels that this would be a reasonable action of the
Commission in recommending annexation to the City. He advised that the area can
be served by sewer and water, and this is what prompted the Corbett Canyon
properties to petition so they can get these services. City Administrator Butch
advised that the City has approved the servicing of the area, subject to Zone 3
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approval.
In answer to Commissioner Spierling 's question regarding zoning, Director
Gallop advised that any area annexed to the City which has not previously been
pre - zoned, automatically comes into the City as "A" Zoning. In answer to
Commissioner Calhoon's question regarding access to Parcels 2 and 3, Director
Gallop advised that at the present time there are recorded easements off of
Corbett Canyon Road, and that in the eventual breakdown of Parcel D, which is
in the "A" Zone, a road would be .put in which would replace the easements and
give everybody legal access.
Mr. Ron Grant, one of the owners of some of the properties in question,
advised there are a total of 57 acres including the pre -zoned land and the
balance of the acreage coming in as "A" zoning,. and the property is all lo-
cated in the Sewer District; the water main is available on Corbett Canyon
Road, and the property owners that reside there are urgently in need of
water and wish to connect to City water. He stated the plan for development
includes large, rural homesites on . the hillsides and that the County has re-
quested an offer of dedication of' right- of-way on Corbett Canyon Road.
Commissioner Goulart s.tated,it;..wa.s his feeling this is a proper annexation
on the basis that it does f;il _a .pocket, and s lnce the people are requesting
it, he would be in agreement the proposal.
After discussion the following action was taken:
RESOLUTION NO. 73 - . 315
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF.
ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF CORBETT CANYON ANNEXATION NO. 2.
On motion by Commissioner Spierling, seconded by Commissioner Goulart.,
and by the following roll call vote, to wit:
AYES: Commissioners Calhoon, Goulart, Spierling and Chairman Pope,
NOES: None
ABSENT: Commissioners Gullickson, Jones and Porter
°The foregoing Resolution was,adop,ted' this 18th day of September 1973.
Page 4
ST. PATRICK'S CHURCH, AND SIELL O]1. CO. REPdRT ON USE PERMIT REQUIREMENTS
Director Gallop reported that several weeks ago he was requested by
Chairman Pope to check on a couple of actions of this Commission. One was
in reference to the off -site improvements in connection with the St. Patrick's
Church, which had been granted a delay in placing the improvements to October
1st, and that he had received a letter from Reverend O''Sullivan.stating that
they have awarded a contract to Bob Newdoll to place curb, gutter andside-
walks in keeping with the requirements and this will be done as soon as Mr.
Newdoll is available.
The second item was a question as to the approval of the park development
In connection with the Shell O11 Company. He stated.he had received a letter
from Mr. Krane of Shell Oil Co., dated September 11, 1973, stating that the
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Arroyo Grande-Planning Commission, 9 -18 =73 Page 5
company has now approved the-construction and they expect to be in a contract
by the first of the week and the landscaping will proceed as soon as the
contractor can start to work on it.
OPEN SPACE-AND CONSERVATION ELEMENTS OF THE GENERAL PLAN
Director Gallop presented final copies of the'Cpen Space and Conservation
Elements of the General Plan,'as adopted by the Planning Commission and City
Council, to the Commissioners.
DISCUSSION REGARDING THE PIKE
Mrs. Elizabeth Jackson stated that some of the residents had asked when
the City intends to widen The Pike. She was advised that the subdivider is
responsible for the street widening, and they will probably start within a month.
ADJOURNMENT
There being no further business before the Commission, on motion by
Commissioner Goulart, seconded by Commissioner Spierliny, and unanimously
carried, the meeting was adjourned at 8 :30 P.M.
ATTEST: ,t a
Secretary hairm
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