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PC Minutes 1971-07-20356 o r :eta Arroyo Grande Planning Commission July 20, 1971 2 J The Planning Commission met in regular session with Vice Chairman Porter presiding. Present are Commissioners Bowles, Berryhill, St. Denis.and. Schultz. Commissioners Jones and Nunes are absent. Also in attendance are City Administrator Butch and Planning Director Gallop. INTRODUCTION AND WELCOME OF NEW COMMISSION MEMBERS Vice Chairman Porter introduced and welcomed Mr. Terry Berryhill as a new member of the Planning Commission. Director Gallop advised that new Commissioner Raymond Jones is out of town on vacation. REQUEST FROM GOLDEN WEST HOMES.. INC. FOR A ONE YEAR EXTENSION TRACT N0.396 Director Gallop advised that the subdivision which is approved under the P -D District is on The Pike, westerly of Gaynfair and easterly of Elm Street, and that the map was approved as a part of the rezoning. He stated that the rezoning is permanent, however the map itself would lapse at the end of one year. Mr. Martin, the Developer, has stated that due to unexpected delays in financing and construction, they request that the approval granted by this Commission for the Planned Development of Tract No, 396 be extended for a period of one year. Director Gallop further advised that there has not been any material change in the land use of the area abutting the subdivision since this was approved. COMMISSIONER NUNES ENTERED THE MEETING DURING THE ABOVE DISCUSSION After discussion, on motion of Commissioner Schultz, seconded by Com- missioner Bowles, motion carried with one "no" vote, that a one year extension be granted to Golden West Homes, Inc., on tentative map for Tract No. 396. APPROVAL OF MINUTES On motion of Commissioner Bowles, seconded by Commissioner Nunes, and unanimously carried, the minutes of the regular meeting of June 15, 1971 were approved as prepared. DISCUSSION OF ILLEGAL USE IN A NON- CONFORMING STRUCTURE AZEVEDO & PROUD Director Gallop advised that the illegal use of the old depot building at 501 Ide Street has apparently been resolved, in that the property has been sold and is in escrow, and that the new owner has been informed that the structure on the property is non - conforming. Director Gallop further advised that Mr. Azevedo is attempting to find a new location. After discussion, on motion of Commissioner St. Denis, seconded by Commissioner Berryhill, and unanimously carried, that the illegal use in a non.- conforming structure at 501 Ide Street be terminated on or before September 7, 1971 and the tenant and new owner be so informed. LOT SPLIT CASE NO. 71 -138, PALM COURT = DE BLAUW CONSTRUCTION CO. Director Gallop advised that the De Blauw Construction. Company petitioned for a lot split on a parcel of property at the westerly end of Palm Court to create four building sites. The "split" approved by the Committee requires that Palm Court be cul- de- sa.c'd, necessitating deeding of public right -of -way to the City. He further advised one of the conditions required that the abutting property owner to the west be willing to accept the drainage water; the property is now accepting that water. The engineer for the petitioner contacted the owner of that property and he would not consider the acceptance of this water. Because of this particular problem, Director Gallop recommended that this Commission return the lot split to the Committee for reconsideration of the drainage problem as to another alternate or some other arrangement be made. He further recommended that the recommendation for acceptance of the deed to the right-of-way be postponed until the drainage problem can be resolved. On motion of Commissioner Nunes, seconded by Commissioner St. Denis, and unanimously carried, that Lot Split Case No. 71-138, Palm Court, be referred back to the Lot Split Committee for resolution of the drainage problem. PUBLIC HEARING - USE PERMIT CASE NO. 71 -172 GULF OIL COMPANY 319 GRAND AVE.- TWO FREE STANDING SIGNS. Director. Gallop advised that the request for permission to install two new free standing signs on the service station on the south side of Grand Avenue was filed for Gulf Oil Company by Santa Maria Neon, and that the infor- mation on the application was not too specific as to the actual size of the signs. He advised that the large sign, which would replace an existing sign, would have a total overall height of 50', and would be oriented to Grand Ave. Arroyo Grande Planning Commission, 7 -20 -71 Page 2 The second sign has a total of 26' overall height. Mr. Laird, Santa Maria Neon, advised the Commission that the large sign would have 208 sq. ft. per face, and they would be willing to go along with a 6' disc for the smaller sign, which would be 29 sq. feet. Director Gallop pointed out that, in the staff report he indicated that the property occupied by the station has a frontage of approximately 100 ft., and it appeared to him that two free stand- ing signs on this limited frontage would be "overpowering" and is not necessary for proper identification of the use of the property. Director Gallop further advised that the maximum size for the district is 150 sq. ft. per face, and the proposed sign would be an excess of 58 sq. ft. of the maximum allowed. Upon being assured by Director Gallop that the public hearing for Use Permit Case No. 71-172, Gulf Oil Co., 319 Grand Avenue. - Two Free Standing Signs, had been duly posted, published and property owners notified, Vice Chairman Porter declared the hearing open. Mr. Matt Gallagher, 520 Leanna Avenue, advised he would be opposed to the additional sign primarily because the area is small and he felt that a second sign would detract from the present good appearance of the station. No further discussion for or against the proposed Use Permit, Vice Chairman Porter declared the hearing closed. After discussion, the following action was taken: RESOLUTION NO. 71 -202.0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 71 -172 On motion of Commissioner Nunes, seconded by Commissioner St. Denis, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Commissioners Bowles, Berryhill, Nunes, St. Denis, Schultz and Porter. None. Commissioner Jones. the foregoing Resolution was adopted this 20th day of July, 1971. PUBLIC HEARING- REZONING CASE NO.71 -48, GARDEN STREET, R -A -B -1 to R -1 (V.PACE) Director Gallop advised that the subject property . is a long, narrow par- cel of property facing on Garden Street. He further advised that in February, 1971, a rezoning petition was filed by Mr. Pace from the present zoning R -A -B -1 to R -3, which was denied, and the matter appealed to the City Council, and the Planning Commission recommendation was upheld by the City Council. The denial was based primarily on the potentially higher density which the R -3 would per- mit. Mr. Pace has now petitioned for a rezoning of the same area from R -A -B -1 to R -1, and this zoning would be compatible to the zoning immediately south on the east side of Garden Street. He further noted that the property immedi- ately across the street west is currently zoned R -2, and advised he felt the R -1 zoning would appear to be a reasonable use of the property. Upon being assured by Director Gallop that public hearing for Rezoning Case No. 71 -48, Garden Street, R -A -B -1 to R -1 District, had been duly published and property owners notified, Vice Chairman Porter declared the hearing open. Mr. Bob Goulart, 801 Opal Drive, was present and spoke in favor of the Zone Change on the basis the zoning is within the limits of the Master Plan and the property is within an area that has been rezoned R -1. He asked that consideration be given to a requirement that no variances be allowed on lot size. No further discussion for or against the proposed Zone Change, Vice Chairman Porter declared the hearing closed. Director Gallop pointed out that if a lot split is filed, any variances would have to be considered , in . light of what is being asked for. After discussion, the following action was taken: 357 358 Arroyo Grande Planning Commission, 7- -20 -71 Page 3 RESOLUTION NO. 71 -203 Z A 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 ZONING, ARTICLE 21 OF SAID CODE. On motion of Commissioner St. Denis, seconded by Commissioner Bowles, and by the .following roll call vote, to wit: AYES: Commissioners Bowles, Berryhi11, Nunes, St. Denis, Schultz and Porter. NOES: None. ABSENT: Commissioner Jones. the foregoing Resolution was adopted this 20th day of July, 1971. PUBLIC HEARING - STREET NAME CHANGE - CENTRAL BLVD /18TH ST. TO OAK PARK BLVD. Director Gallop advised that at one time the street in the County was named Oak Park Road and 18th Street in Arroyo Grande and Grover City, and. that several years ago the County recommended it be changed to Central Boulevard. However, Grover City objected to the name change and this resulted in having three names on a single street. The Coastal Valley Planning Council recom- mended to the City of Grover City that they consider renaming-18th Street to "Oak Park Boulevard ". The matter was placed before the Grover City Planning Commission who, after a public hearing, recommended that the change be made; and the City Council, after a second public hearing, officially changed 18th Street in Grover City to "Oak Park Boulevard ". The Coastal Valley Planning Council has now recommended that that portion of 18th Street and Central Boulevard within the City of Arroyo Grande be renamed to Oak Park Boulevard. Upon being assured by Director Gallop that affected property owners have been notified of public hearing on proposed street name change, Vice Chairman Porter declared the hearing open. Mr. Peter Giambalvo, 250 No. 18th Street, was present and spoke in favor of the street name change. No further discussion for or against the proposed name change, Vice Chairman Porter declared the hearing closed, and the follow- ing action was taken: RESOLUTION NO. 71 -204 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING CHANGING THE NAME OF 18TH STREET AND CENTRAL BOULEVARD WITHIN THE CITY OF ARROYO GRANDE TO "OAK PARK BOULEVARD ". On motion of Commissioner Bowles, seconded by Commissioner Schultz, and on the following roll call vote, to wit: AYES: Commissioners Bowles, Berryhill, Nunes, St. Denis, Schultz and Porter. NOES: None. ABSENT: Commissioner Jones. the foregoing Resolution was adopted this 20th day of July, 1971. DISCUSSION OF USE PERMIT CASE NO. 67 -104 TIRE RECAP SHOP PHILADELPHIA TIRE CO.), 111 ALDER STREET DR. K. F. KUNDERT OWNER. Director Gallop pointed out that the original Use Permit was issued under the old C -1 zoning, and the resolution adopting that Use Permit restricted the use of the business to the property and the building in which it is located. For several years, due to changes of ownership and change of operation, several problems have developed. Recently Dr. Kundert purchased the business and has done a good job of trying to cooperate with the City in, correcting some of the problems. Director Gallop expressed the opinion that the business has out- grown the original property, and distributed pictures to the Commission members showing casings stored outside of the building, which is not covered by the Use Permit. He advised that since the pictures were taken, Dr. Kundert has erected a screen wall around the casings, however, they are still in violation of the Use, Permit. Arroyo Grande Planning Commission, 7 -20 -71 Page 4 Director Gallop also advised that complaints had also been received with regard to the trucks and parking of vehicles in the area, and that there was some concern about the debris from the preparation of the casings for recap. There was also complaints about the night operations as far as the noise is concerned. In view of the recent complaints, he listed several alternatives open to the Commission. 1. Amend the original Use Permit. 2. Require that a new Use Permit be filed, expanding the boundaries of the original Use Permit. 3. Recommend revocation of the Use Permit. Mr. Ralph Richards, 151 Alder Street stated he felt the Use Permit should be revoked and the operation moved to an industrial area. In his opinion, the operation was a fire hazard, and the trucks created a safety hazard. He also objected to the debris and displayed pictures of the debris accumulation. Mr. Matt Gallagher, 520 Leanna Ave.,. was present and recommended revocation of the Use Permit because of the large amount of noise generated in the area and also the unsightly appearance of the property. Mr. Krikarian, partner in the business, advised that they are doing all they can and will continue to improve the situation. They intend to insulate parts of the building to cut down the noise, and they have installed fencing_ around the casings. Mr. Harvey Wells, Manager of the tire recapping operation, advised their hours of operation are from 7:30 a.m. to 11:00 p.m., but that the grinding ceases at 6:00 p.m. Mr. Wells further advised that a representa- tive from the San Luis Obispo Ecology Program has been working with them on the problem of the dust. Dr. Kundert indicated that the dust is not that much of a problem inasmuch as 90% of it falls within a few feet of the stack on the roof. After discussion, on motion of Commissioner Nunes, seconded by Commissioner St. Denis, and unanimously carried, that a new Use Permit be filed prior to the Planning Commission meeting of August 3, 1971 on the grounds that the use of the property in question has been expanded to the extent that the original Use Permit does not fully cover the operation in its present status, also that the City Fire Department be requested to immediately investigate the property in light of the reported fire hazard. ELECTION OF OFFICERS Commissioner Bowles moved to place Orville Schultz in nomination for Chairman of the Arroyo Grande Planning Commission for 1971 -72. Motion seconded by Commissioner St. Denis. Commissioner St. Denis moved that nominations be closed and that the records show there was cast a unanimous ballot for Orville Schultz to serve as Chairman of the Arroyo Grande Planning Commission for 1971- 72. Motion seconded by Commissioner Nunes, and carried. Commissioner St. Denis moved to place Charles Bowles in nomination for Vice Chairman of the Arroyo Grande Planning Commission for 1971 -72. Motion seconded by Commissioner Nunes. Commissioner Schultz moved that nominations be closed and that the records show there was cast a unanimous ballot for Charles Bowles to serve as Vice Chairman of the Arroyo Grande Planning Commis- sion for 1971 -72. Motion seconded by Commissioner St. Denis, and carried. STATE LEGISLATION Director Gallop advised, for information to the Commission, that there are two bills before legislation which will be of vital interest to the Plan- ning field. One is AB 2294 which has been approved by the Assembly and is now being sent to the Senate, which prohibits any city from prohibiting mobile - home parks. The bill also takes the control of lot size, etc. from the juris- diction of the City and places under legislative control. Administrator Butch recommended the Commission Members call Senator Grunsky's office in San Luis Obispo objecting to the legislation. He also noted that the City Council - shad gone on record opposing . this legislation. The second bill before legislation is the Subdivision. Map Act Revision. Director Gallop pointed out that this is the first time in 20 years there has been a major change in the State Map Act, and although he has not read the complete .bill, he did read the synopsis, and the bill does seem to fill in a lot of gaps. He further advised the bill will be up for assembly hearing on or before July 21st, and that the League of California Cities have given it full endorsement. 359 360 Arroyo Grande Planning Commission, 7 -20 -71 Page 5 DISCUSSION RE: TRUCK ROUTES, THROUGH THE CITY Commissioner Bowles inquired as to what the procedure would be to get truck routes established throughout the City to prohibit large trucks from going . into residential districts. Administrator Butch pointed out that this matter would require a great deal of study, and suggested perhaps it could be referred to the Parking Commission for review and recommendation, REQUEST FOR PERMISSION TO BE ABSENT Commissioner St. Denis requested permission to be absent from the City, July 28th to August 14th, and Commissioner Bowles requested permission to be absent the week of August 1st.: On motion of Commissioner Nunes, seconded by Commissioner Schultz, and unanimously carried, permission was granted to Commissioners St. Denis. and Bowles to be absent during the periods requested, SECRETARIAL APPOINTMENT Vice Chairman. Porter turned the meeting over to the newly elected Chairman, Orville Schultz. On motion of Commissioner Porter, seconded by Commissioner Nunes, and unanimously carried, Mrs. Pearl Phinney was appointed as Planning Commission Secretary for, 1971 -72. ADJOURNMENT There being no further business before the Commission, on motion of Commissioner Nunes, seconded by Commissioner Porter, and unanimously carried, the meeting was adjourned at 9 :15 P.M. ATTEST: 6?e7/1 4, Secretary Vice C airman