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HomeMy WebLinkAboutPC Minutes 1973-05-01Arroyo C.rande Planning Commission May 1, 1973 The Arroyo Grande Planning Comrriissioh met in regular session with Chairman Jones presiding. Present are Commissioners Calhoon, Goulart, Gullickson, Porter and Spierling. Commissioner Pope,is absent. Also in attendance are Planning Director Gallop, City Engineer Gering, and Public Works Director Anderson. MINUTE APPROVAL On motion by Commissioner Gullickson, seconded by Commissioner Calhoon, and unanimously carried, the minutes of the regular meeting of April 17, 1973 were approved as prepared. REQUEST FOR DETERMINATION OF COMMERCIAL USE IN AN RA- B3 Director Gallop advised that in the RA and A Distt'icts of the Zoning Ordinance, there is specific pefmission to allow sale of produce primarily raised on the property on which it is sold. Mrs. Edith Runels, 586 Valley Road is requesting a determination as to whether or not it is permissible to stiil products other than vegetables or poultry, eggs, etc. primarily raised on her own property. She indicates the products are uneatable and are used for display materials such as 1llower arrangements, terr etc. The home Is on a 7 acre parcel. Director Gallop pointed out it was his feeling the use is within the realm of the intent of the Ordinance; in that the sale of . materials primarily raised on the property and sold on the property is within the realm of the term "produce''. He recommended that,to be consistent with past determinations, if such a finding is made, that the use be permitted subject to Use Permit procedure. In answer to Commissioner Goulart's question as to what are some of the specific items -used that are not produced on the property, Director 'Gallop mentioned possibly paint, containers in which the arrangements are placed, products with which weeds are treated, etc. He stated that many times containers are, from pumpkins. Commissioner Goulart commented that if the . use is permisstve subject to Use Permit procedure, a public hearing will be required and the Commission could then be made aware if there are any partrccla r. problems. After further discussion, the following action was taken: • RESOLUTION NO. 73-292 A. RESOLUTION OF THE PLANNING COMMISSION OF THE. CITY OF .ARROYO GRANDE MAKING.A DETERMINATION OF • AN ADDITIONAL DEFINITION OF "PRODUCE" AS APPLIED TO AN "A" AND "RA -B3" DISTRICT. On motion by Commissioner Spierling, seconded by Commissioner Porter, and on the following roll call vote, to wit: AYES Commissioners Calhoon, Goulart, Gullickson,. Porter, Spierling and Chairman Jones NOES: None ABSENT: Commissioner Pope The foregoing Resolution was adopted this 1st day of May, 1973. PUBLIC HEARING - REZONING CASE NO. 73 -68; BLOCKS 2 AND 3, TRACT #150. SOUTH SIDE OF MONTEGO STREET, R -1 TO R -1 -D DISTRICT. Director Gallop reviewed that a petition was received from property owners on Montego Street, Tract #150, requesting that the Planning Commissron attach a "D" Override to the R -1 Zoning for control of height on new structures on Blocks 2 and 3 on the gouth side of Montego Street where there are six lots not yet developed. He noted that there are three vacant lots on the north side of Montego Street. Director Gallop•.advised that the petition suggested that an 11' height maximum be establ (shed above "existi "curb `grad . A check was made by the Construction inspector, and following arethe heights of the existing structures: Lot 11 - 14'1" above grade; Lot 10 - 13'7 "; Lot 9 - i'7 "; Lot 8 - 10'9 "; Lot 7 - 10'6'!; Lot 4 9'3 "; Lot 2 - : 9!2 ". Director Gallop recommended that if a determination of 11' height:l:imit is.made, that'chiminies and other ornamental features, be excluded; 485 486 Arroyo Grande Plann.ing.Commission, 5 -1 -73 COMMISSIONER POPE ENTERED THE MEETING DURING THE ABOVE DISCUSSION. Upon being assured by Director Gallop that public hearing for Rezoning Case No. 73 -68 had been duly posted, published and property owners notified, Chairman Jones declared the hearing open. Mr. Dan McHugh, 1211 Montego, inquired if it would be possible to apply the rezoning to both sides of the street. Director Gallop stated there would be no point of limiting the height of the buildings on the upper side because of the primary elevation of almost 10 or 11'. Mr. McHugh stated structures on the lots on the upper side will block the view of the existing houses from the hills, and it was his feeling they should be subject to the same limitation that is going to be placed on him. Director Gallop advised that if an 11' height control is placed on the property on the north side, the property owner might be denied the right to develop the property without extensive redevelopment. ... Re'iiitfber ._.adv_ised.:•.that, from the standpoint of control, he didn't think" the -sat*e `ff'h ft-'eould be es- tabl i shed on the south side, which is below curb grade, as' < 'On 'the north side, which is basically above curb. He also advised that at the present time the requested zone change cannot include any lots that are not advertised, and the alternative would be to come back and ask for the same consideration on the three lots on the north side of the street. Mr. McHugh asked if this rezoning could be tabled until both sides of the street could be considered at the same time. Director Gallop advised, in his opinion, they couldn't both be considered the same way because there are two quite different factors involved on how the height control is es- tablished, in that the houses on the north side are built on top of grade. Chairman Jones stated that the hearing would be continued as stated, and if a new petition is received pertaining to the north side, it could be con- sidered at that time. Mr. Jim Love, 1238 Montego, stated he was in favor of the proposed rezoning. No further discussion for or against the proposed rezoning, Chairman Jones declared the hearing closed, and the following action was taken: RESOLUTION NO. 73 - 293 Z RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE AS PROVIDED BY CHAPTER 4, ARTICLE 21, OF SAID CODE. On motion by Commissioner Goulart, seconded by Commissioner Spierling, and by the following roll call vote, to wit: AYES: Commissioners Calhoon, Goulart, Gullickson, Pope, Porter, Spierling and Chairman Jones NOES: None ABSENT: None The foregoing Resolution was adopted this 1st day of May, 1973. PUBLIC HEARING - USE PERMIT CASE NO. 73 - 207 - CONSTRUCTION OF GREENHOUSES IN AN RA -B3 DISTRICT, 141 TALLY HO ROAD - L. C. LA VINE, Director Gallop advised that several weeks ago a request to consider whether greenhouses would be permissive in an RA -B3 - ; D i s;i r i<t - was, before the Commission,and Resolution No. 73 -286 was adopted, determining that the use is •permissive subject to Use Permit procedure. Director Gallop stated the property is approximately five acres and has recently been split into two parcels, and the site on the hill has been excavated as a site for the two greenhouses. The location of the buildings is such that there would be no adverse effect on abutting properties, and it appears to be a reasonable location and a reasonable use of the land. The conditions of the lot split required dedication of right -of -way and improvement of that right -of -way and, therefore, there appears to be no further requirements to be placed on the Use Permit. Arroyo Grande Planning Commission, 5 -1 -73 Page 3 Upon being assured by Director Gallop that public hearing for Use Permit Case No 73 -207 had been duly posted, published and property owners notified, Chairman Jones declared the hearing open. Mr. Herbert Gallo, 210 Tally Ho Road, stated he thought the environmental affect of that hillside is being destroyed and felt there would also be a drainage problem in that area. Mrs. Helene Wallace, 146 Tally Ho Road, in- quired as to what kind of trucking would be used. Mr. LaVine, the petitioner, stated there would be no more than two vehicles in and out a week. Mr. E. D. Cook, 160 Tally Ho Road, stated it was his belief that anybody that is spend- ing the amount of money that these people are in that area must be giving con- sideration to drainage, and he was sure they are going to give landscaping consideration. He further stated he was in favor of the permit being granted. Mr. Chuck Reed, 150 Tally Ho Road, stated his main concern would be the traffic, and that the City might be concerned more with the drainage problem and the erosion problem they have had there. Director Gallop advised that there was a City grading permit issued based upon a drainage plan done by an Engineer prior -to the grading work being done on the property. No further discussion for or against the proposed Use Permit, Chairman Jones declared the hearing closed. In answer to Commissioner Gullickson's question as to what he intended to raise in the greenhouses, Mr. La Vine advised his plans now are to raise tomatoes. Commissioner Spierling stated he would be concerned as to whether the drainage situation that we now have can handle any run -off from the build- ings. Director Gallop stated there wouldn't be that much additional drainage, and that the grading plan was approved on that assumption. He stated he didn't believe there was that much coverage in comparison to the :total - acreage of the parcel it is being placed on. In answer to Commissioner Goulart's question regarding the slope, Public Works Director Anderson advised it is about 12 to 1. Commissioner Spierling advised the cuts have been made into rock, not soil. Commissioner Goulart stated he was aware that some of the slope would be covered up by the greenhouses, but it does look kind of open and looks like a barren side slope, which isn't very pleasing,: and suggested .. landscaping the slopes. Mr. La Vine stated he has already contracted with 'a landscaper to landscape the slopes. After further discussion, the following action was taken: RESOLUTION NO. 73 -294 U RESOLUTION OF THE. PLANNING COMMISSION OF THE. CITY Of?- ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 73 -207. On motion by Commissioner Goulart, seconded by Commissioner Gullickson, and by the following roll call vote, to wit: AYES: Commissioners Calhoon, Goulart, Gullickson, Pope, Porter, Spierling and Chairman Jones NOES: None ABSENT: None The foregoing Resolution was "adopted this 1st day of,May, 1973. PUBLIC HEARING - PROPOSED TALLY HO ROAD PLAN LINE Director Gallop reviewed that at the last meeting, this plan line was reviewed for the Commission and the public hearing set. The intent of the Plan Line is to guarantee sometime in the future that the right -of -way will be existing for the widening and improvement of that road. Upon being assured"by Director Gallop that public hearing for the proposed Tally Ho Road Plan Line had been advertised and notices sent to_ property owners of record as of Marell,.1972, Chairman Jones declared the hearing open. 48,7 488 Arroyo Grande Planning Commission, 5 - - Page 4 City Engineer Garing advised that a Plan Line is a set back line, and in this case it is necessary because the area is growing. He pointed out that the purpose is to plan line only those properties where the existing width of the street is less than 60 °. He explained that a plan line does not take property away from anybody, but that a Plan Line is to assure that no structures will be built within that lone so that when the City acquires the property, they will not have to pay for a structure. He pointed out the choices are not arbitrary inasmuch as around the curve, they are trying to follow the existing roadway, and that if built fairly close to the proposed plan line, it would fairly nearly follow the existing roadway. He advised the roadway width would be 444', with a sidewalk area that will be 6' wide from the curb. He pointed out problems where the roadway width is considerably narrow and stated they did not wish to cut into the hillside because it would be quite expensive. Mr. Garing advised that this isn't the first plan line in the City, and mentioned the plan line of Elm Street, of which some of the street has been constructed to the plan line; and Cherry Avenue, which has also been plan lined. These are all approved plan lines and they work very favorably for the City and for the people who use them. CITY ADMINISTRATOR BUTCH ENTERED THE MEETING DURING THE ABOVE DISCUSSION Mr. Chuck Reed, 150 Tally Ho Road, referred to a petition, dated April 26, 1973,. signed by 39 or 40 property owners on Tally Ho Road, and that they have gone up and down the street getting people's opinion and they are al- most unanimously against the plan line. He stated that the curve will take out 16' of Mr. Soto's property; it would take 31' of Mr. O'Neil's frontage and the roadway would be within a few feet of his front window. Mr. Reed stated the most he would accept is a sidewalk, and that they were not against the roadway but they wanted it done right. He asked if they could have two 14' lanes with a sidewalk on one side. He stated that with a little planning the City could eliminate most of the intrusion on private property. Commissioner Goulart commented, from his understanding of Mr. Garing's explanation, there would be a 28' section, which would not allow any parking. Mr. Garing advised that the existing pavement is approximately 20° wide. He explained that the City wants to do all of the work within the existing right - of -way. The toe of the slope obviously does not come out into the right -of- way and we don't intend to make it the full width as we get into the hill, however, if we can get into the hill, maybe we can make this slope stable.. In answer to Mr. Reed's question, Mr. Garing stated that the work cannot be done within the existing right -of -way. Mr. E. D. Cook, 160 Tally Ho Road, stated he is in favor of the re- alignment, but not in the manner presented in the tentative plans because it causes too much personal hardship on almost every owner facing the street. He stated the realignment would be simple to correct if the undeveloped west side of Tally Ho Road was utilized, and that he was not in favor of a 60' right - of - way. He further stated he was definitely opposed to the present planning, which would cause him to ask for a variance or lose his irrigation well in the future. Mrs. Helene Wallace, 146 Tally Ho Road, spoke regarding the accidents caused by people running into the side of the hill, and stated it would be logical to straighten out the curve and take out the hill. Mark Strand, 191 Tally Ho Road, asked about the cost of condemnation of all this property in comparison to the cost of the roadway, stating that each property owner is going to have to be paid for his property. Mr. Garing advised there is no property here being condemned, and that there are very few properties in the City that have ever been condemned. He advised that without a plan line, the City could have not only the cost of the property, but also the cost of structures built within the plan line. He pointed out that a plan line is a method whereby the City protects itself and the property owners from any permanent structures being placed within that line, and is a long range protective measure to keep the taxpayer from having to pay for the structures at a later date. Arroyo Grande Planning Commission, 5 - - Page 5 Director Gallop pointed out that a Plan Line has to be considered at a public hearing and then referred to the City Council for adoption. He advised, with regard to Mr. La Vine's lot split, he will be required to dedi- cate the right-of-way that is within the plan line. Mr. Garing stated that in Mr. La Vine's case, he has offered to dedicate 10' along the frontage of his property, and if this particular plan line is adopted, he will offer to the City somewhere around 75', an average of 10° wide. Mrs. Mildred Logan, 195 Tally Ho Road, stated her driveway is quite steep now and if the plan line is adopted, it would be impossible to get in and out of the driveway. Mr. Fachetti, 248 Tally Ho Road, inquired if the roadway would be kept at the same level. Mr. Garing advised that, in general, it would be at the same level. Mrs, Betty Reed, 150 Tally Ho Road, stated that, according to the map, the City would be taking 21° off of one corner of her yard and would take out 12 - 20' Monterey Pines, and the right -of -way would come in about the middle of her lawn, and that she is against the pro- posed Plan Line. Director of Public Works Anderson pointed out that through the years, Tally Ho Road has been faced with a lot of drainage problems and that the street has been very inadequate. Last winter we had many requests to do something to correct the drainage. He advised that the first thing that has to be done is to get a road in there and this plan line was an attempt to get the right -of -way for the road. He indicated on the map that on the northerly end of Tally , Ho Road there there is a 60' right -of -way so there is practically an adequate roadway. He further indicated that on the southerly portion of the road, the plan line is a way to see what can be done to get an adequate road- way in there. The City is trying to find a way to take care of the drainage, and it takes some kind of planning, since the present road does not control the water. This plan line was merely an' attempt to get a plan through here so we can start planning the development of the roadway and control the drainage. With regard to the drainage problem, Mr. Garing advised that Mr. Anderson is correct in that we have to have the roadway first before we can start sol- ving the drainage problem, and that when curb and gutters are installed, there will be no water running across properties; it will be running through culverts and drainage,structures will be designed. Mr. Vincent Lechner, 331 Tally Ho Road, stated that most of the water comes from a blocked bridge on Highway 227, and that we are treating this as though there is a lot of undeveloped land there and preparing for the futUre. Mr. Garing advised that the Public Works Department was directed by the City Council to prepare the Plan line. Mrs. Lyon, 168 Tally Ho Road, stated when they took out a permit to make an addition on to their house, they had to deposit money for curb and gutter. Mr. Alex Ramey, 226 Tally Ho Road, stated he was in favor of improvement and stated sidewalks are needed in every street in the City. If we don't look at it now, we will still have a drainage problem there 3a years from now. If we wait 10 years, the cost of the improvements will be twice as much. Commissioner Gullickson stated he was the representative from the Planning Commission at the City Council meeting the first meeting after the major storm, and there were several people from that area who attended the meeting that wanted the City to do something about the 10 lousy" water situation. The Council recognized that there was a serious problem and promised those people they world have a study made. Mrs. Alma Och, 300 Tally Ho Road, stated that she read in the paper that the :City had consulted with the Army Engineers regarding the drainage problems of the area and possible channeling of the creek, and the property owners are concerned that the City will take property from the front of their property for the roadway, and possibly from the creek side also. She stated there is undeveloped property on the other side where there are no commitments, suggested the right -of -way be taken from their property. Mr. Neil.Wilhoit, 357 Tally Ho Road, stated he felt the main issue here is drainage, and maybe . something should be done with the creek and the tributaries. He further stated he is not definitely against the road improvement, and he felt that possibly a little creek clearing and cleaning of culverts would help. 489 49.0 Arroyo Grande Planning Commission, 5 - - Page 6 Mr. Cook stated that the drainage problem. could be solved without this Plan Line, and that if someone would go out t� the Bridge at Highway 227 and dig down in the earth, there will be three railroad beds there that Railroad built; one railroad bed right on top of the other. Commissioner Porter stated, with regard to the drainage, there was some talk of the possibility of forming a drainage assessment district, and selling bonds for that particular district. This was a proposal from the County to the City Council. Mr. Kinkade, 312 Tally Ho Road, stated the water doesn't come out of the ditch, and that a lot of the water comes from west of Tally Ho Road. Commissioner Pope stated he believed what we have to look for is the overall plan; what is really good for the City without trying to make a hard- ship on the property owners. The road is getting narrower and narrower and is falling away at the edges, and there is a drainage problem. We have to consider what is required as far as traffic safety is concerned and what is good; for. the 'res:iden.ts: who live .on; the street; we 'haVe - Co . encompass all of these problems.. We have to.work•towards what is best for the community. Mrs. Daniel K. Marcus, 245 Tally Ho Road, stated she was concerned about the traffic and how to cut down the speed. Mr. Ramey stated that off of Tally Ho .Road on the north end, there are individual R -1 lots, and the time will come when they are going to be moving out. He stated he didn't know how you can stop people from improving their own property, and that there will be roads running off of Tally Ho Road, and you can't let the problem slide 10 or 20 years. It was suggested that the hearing be continued and the plan be referred back to the City Engineer and Planning Department to consider some possible r changes, if feasible. Mr. Garing stated they could go back and see how much of the hill could be cut, however, it is very stable now and they wouldn't want to disturb it if they possibly can help it. Commissioner Pope inquired if it would be possible to have a 40' all paved section put in, and a 5' sidewalk with the right -of -way in front of the sidewalk. Mr. Garing stated this could'be considered. On motion by Commissioner Sp'ierling, seconded by Commissioner Goulart, and unanimously carried, that the hearing be continued to the next regular meeting on may 15, 1973 to hear any possible changes to the Plan Line that may be presented by Mr. Garing. DISCUSSION RE: GRADING PERMITS. Commissioner Pope questioned the process of issuing grading permits before an individual has the required permits, such as a building permit or Use Permit. He inquired how the Commission could turn a man down on his development if he comes in and gets a grading permit, and then comes in under regular process and asks the Commission for a Use Permit. Director Gallop advised that there are occasions where grading permits are issued, not knowing what the individual intends to do with hds property. In the case of Mr. LaVine, Director Gallop stated the grading permit was issued, and it wasn't until . afterwards that we learned he was going to construct greenhouses. Commissioner Gullickson asked what right the Commission has to say he can't grade his property; he had,a grading plan prepared and a permit was issued. Commissioner Pope inquired if it would be possible to refer the matter to the staff and come back at a later time in a study session for consideration. Director Gallop advised that, as of April 4th, environmental impact must be considered from here on out. If this request came in now, then there would have to be a determination. He advised the resolution has been adopted and is in the process of being typed. ENFORCEMENT OF USE PERMITS Commissioner Pope inquired as to the method of policing and enforcing of the Use Permits. He advised that there are a few d4screpancies he has noted. Director Gallop advised that, to his knowledge, there is one and he has been given a certain time within which to comply, or the case will be brought back before the Commission. Director Gallop further pointed out that the overall violations are a small percentage of the total of permits issued. ADJOURNMENT There being no further business before the Commission, on motion by Commissioner Spierling, seconded by' Commissioner Goulart, and unanimously carried, the meeting was adjourned at 9:50 P.M. ATTEST: ar,hi( ecretary Page 7 491