Minutes 1987-06-09
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 9, 1987
COUNCIL CHAM8ERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayor Howard Mankins
presiding. Present were Council Members Dorace Johnson, Mark M. Millis,
Gene Moots and D. G. Porter.
FLAG SALUTE AND INVOCATION
Mayor Mankins led the Pledge of Allegiance to Our Flag, and Council
Member Johnson delivered the invocation.
PUBLIC APPEARANCES
None.
CONSENT AGENDA
Moved by Johnson/Porter (5-0-0) to approve Consent Agenda Items
C.1. through C.3. with the recommended courses of action.
C.l. City Council Minutes of May 26 and 28, 1987. Approved.
C.2. Grand Avenue Traffic Recommendations for June 23, 1987. Transmitted.
C.C.FILE 8-1-18.
C.3. Authorization to Order State General Services Patrol Cars. Approved.
Public Hearing
APPEAL BY ROGER ACCORNERO OF PLANNING COMMISSION'S DENIAL OF VARIANCE
WHICH WOULD ALLOW CONVERSION OF AN EXISTING DUPLEX INTO DUPLEX, PLUS
MINIMUM OCCUPANCY DWELLING UNIT, AT 195 N. ELM, R-3, MULTIPLE FAMILY
RESIDENTIAL DISTRICT-C.C.FILE 6-3-78
Acting Planning Director Ned Rogoway explained that Roger Accornero's
application for a variance for a third unit on his property had been
denied by the Planning Commission, which had been unable to find justification
of hardship under the Zoning Ordinance requirements. Mr. Rogoway said
this was an Appeal of the denial.
Mayor Mankins declared the Public Hearing to be open.
STEVE ACCORNERO, representing his brother Roger Accornero, gave
a history of the project. He said the allowed density for his property
had been changed since he and his brother had begun the project several
years ago. He said his immediate neighbor does not object to the project.
He said he has adequate parking, and emergency access.
Speaking against the variance and Appeal were FAYE THOMPSON of
266 N. Elm, who presented to the Council a petition containing 23 names
and a letter explaining their objections, and AL GAUSS of 221 N. Elm.
IRA BOGARD of 201 N. Elm, immediate neighbor, spoke in favor of
the project.
Mayor Mankins closed the public portion of the hearing.
The Council discussed the issue and could find no justifying hardship
evident. The Council said Mr. Accornero would be allowed to add to his
present structure, or construct a guest house without a kitchen.
Moved by Millis/Johnson (5-0-0) to uphold the Planning Commission's
denial of the variance, and deny the appeal.
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CITY COUNCIL JUNE 9, 1987
ARROYO GRANDE, CALIFORNIA PAGE TWO
ST. 8ARNABAS EPISCOPAL CHURCH, SOUTH TRAFFIC WAY, TENTATIVE TRACT MAP
NO. 1513 AND DETERMINATION OF ENVIRONMENTAL EFFECT (Continued from May
26, 1987)-C.C.FILE 6-14-106
Mr. Rogoway referred to his memo of June 4, 1987, and said the
Planning Commission had met June 2, 1987; reconciled Staff Advisory Committee
conditions on the project, and recommended approval by the Council providing
it accepted the conditions as amended.
He referred to a June 5, 1987, memo from City Manager Robert Mack,
which included the Planning Commission recommended conditions and the
tract map. Mr. Rogoway pointed out the areas of conflict between the
Staff Advisory Committee and the requests of the applicant.
Council Members asked questions of Staff. Council Member Millis
brought Staff attention to needed corrections on Mr. Rogoway's memo of
June 4, 1987. Paragraph 3, "Drainage," second sentence should read,
"The drainage basin located on Lot 1 shall be maintained by the owner
of Lot 1." Paragraph 4, "Drainage," third sentence, should read, "The
applicant will install curb and gutter on the North side of the street
and construct the followin9 street section: 10 feet utility area, curb,
gutter, and sidewalk, 8 feet parking lane, two 12 foot travel lanes,
and an asphalt berm on the South side edge of the improvement, making
a total width of 32 feet between the new curb and the berm."
DAN LLOYD of Engineering Development Associates, representing the
applicant, discussed the Planning Commission's recommended conditions
with the Council and Staff.
KEITH CROWE of Engineering Development Associates spoke about the
drainage and detention basin on Lot 1. He said it would hold about 7,000
cubic feet of water, and water would be continuously released at a rate
not to exceed the projected flow from runoff from a "two-year" intensity
storm. There was a discussion of how drainage water would be handled
on the entire project, with Council questioning where water would be
released to from the basin, drainage from the lower part of the project,
on Traffic Way, on the cuHde-sac, and on the neighboring properties.
KIRBY GORDON of 401 Indio Drive, Pismo Beach, attorney for the
applicant, objected to Condition 1 under "Design," which requires a deed
restriction indicating the lot may not be re-subdivided.
Mayor Mankins opened the Hearing for public testimony.
ELLA HONEYCUTT of 560 Oak Hill Road showed pictures to the Council
of flooding in the area in 1978, and said good watershed planning is
needed.
Others asking questions of the Council and developer and expressing
concerns about traffic and drainage were CARROL AND MARJORIE DEAN of
111 Orchid Lane, JIM BIGELOW of 781 Cardinal Court, and DR. J. O. PENCE
of 134 E. Branch Street.
Mayor Mankins closed the public portion of the Hearing.
Council Members discussed a negative declaration on the Environmental
Impact Report and the Planning Commission conditions which reflect mitigating
measures; Planned Development vs. Optional Design Standards Zoning on
the project; traffic problems caused by conflicting church services times,
and the use of asphalt berms.
THE REV. DANIEL MCHUGH, pastor of St. Barnabas Church, said the
church would accept the deed restriction, if necessary, but urged the
Council to approve the project this night because of time constraints.
Council Members considered the installation of sidewalks, and it
was moved by Johnson/Millis (5-0-0) to add a condition under the "Street"
section, "Six foot curb, gutter and sidewalks shall be required on one
side of South Traffic Way."
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C!TY COUNC I L JUNE 9, 1987
ARROYO GRANDE, CALIFORNIA PAGE THREE
ST. BARNABAS CHURCH TENTATIVE TRACT MAP 1513 (Continued from Page Two)
The Council and Mr. Rogoway approved the following conditions to
the Tentative Tract Map 1513:
DRAINAGE:
1. A geological study shall be prepared showing the conditions surrounding
the detention basin and suitability for ponding. The drainage basin,
located on Lot 1, shall be maintained by the owner of Lot 1. Improvement
water shall be detained on-site.
2. The applicant shall prepare a drainage and siltation plan for the
property and submit it to the Director of Public Works for approval.
3. The applicant's engineer shall show how the present drainage flows
along Traffic Way in the areas flooding in the vicinity southerly of
the proposed subdivision. He shall prepare an analysis indicating whether
waters emanating from the subdivision property will increase or not affect
the flooding areas on Traffic Way. Improvements shall be constructed
to safely conduct drainage discharged to Traffic Way to a point of discharge
in the Cal Trans facilities as existing rights of way may permit.
4. The typical 52 ft. local street right of way on the tentative map
shall be dedicated in addition to the 10 foot wide Public Utility Easement
and Street tree easement on the north side of the road. Although the
street right of way abuts the adjoining property, in order to conform
to present standards for local streets, there would need to be dedicated
a second ten-foot easement, normally reserved for utilities and street
trees. That easement would be dedicated from the adjoining property
when it develops. The applicant will install curb, gutter and sidewalk
on the north side of the street and construct the following street section:
8-foot parking lane, two 12-foot travel lanes and an asphalt berm on
the south side edge of the improvement, making a total width of 32 feet
between the curb and the berm.
5. The applicant shall provide a Waiver of Protest, signed and executed,
against future assessment districts on Traffic Way on forms provided
by the City.
STREETS:
1. All street grades shall be shown in accordance with City Standards.
No slopes or tangents between vertical curves shall exceed 15 percent
grades. The main access road shall have a right of way contiguous with
the southerly property line (no horizontal curves as shown in the proposed
tenta.t i ve map). Vertical curves shall be designed to provide a safe
stopping sight distance for speeds of 30 MPH.
2. The proposed driveway on the church property shall be constructed
to 24 ft. to the parking lot, and the alignment of the driveway shall
match future street profiles.
3. All public utilities shall be underground. There shall be no private
utilities, other than laterals, within the right of way.
4. All easements serving the tract, both on- and off-site, shall be
secured by the developer at no cost to the City.
5. The intersection of the new street with South Traffic Way shall meet
City Standards for frontage road pavement width northerly of the intersection.
Vertical curves on Traffic Way adjacent to the intersection shall provide
for a safe stopping site distance for speeds up to 35 miles per hour.
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CITY COUNCIL JUNE 9, 1987
ARROYO GRANDE, CALIFORNIA PAGE FOUR
ST. BARNABAS CHURCH TENTATIVE TRACT MAP 1513 (Continued from Page Three)
6. Six-foot curbs, gutters and sidewalks shall be required on one side
of South Traffic Way between the project and the northerly end of South
Traffic Way Extension.
DESIGN:
1. A deed restriction shall be recorded against Lot #1 indicating the
zoning under which Tract No. 1513 was divided. Wording shall be approved
by the Director of Planning, which indicates that the lot may not be
re-subdivided.
2. An open space easement over the vacant portions of the property shall
be dedicated to the City for the use of Lot 1, and Lot 1 is to maintain
the open space, including the detention basin.
3. All structures on Lot 1 shall be provided with automatic fire sprinkler
sys tems.
4. Local street improvements shall be constructed to the church to allow
access by emergency vehicle.
5. The open space shall be no less than 50 percent of Lot 1.
FIRE:
1. Fire flows in the water lines on all lots shall be approved by the
Fire Chief, with minimum standards of 1,200 gallons per minute, with
a 20-pound residual on Lot 1 and 750 gallons per minute, with a 20-pound
residual on Lots 2 through 13, at locations specified by the Fire Department,
prior to the delivery of combustibles to the tract.
2. The water line coming from the storage tank on the property and through
the property shall be 10" minimum to Traffic Way.
UTILITY SERVICES:
1. Subdivision requirements include street lights, cable television
and telephone underground. The owner shall be responsible to install
street trees and pay park fees and appropriate portions of sewer fees
in advance of recordation. School fees shall be payable at the building
permit stage of development.
Council Member Porter said he objected to the project on the basis
of soil drainage and steep slopes not being provided for adequately.
Moved by Johnson/Moots (4-1-0, Porter voting "no") to approve the
Tentative Tract Map No. 1513 with the Conditions outlined by Mr. Rogoway
and Corrections and additions made by the City Council, and finding a
Negative Declaration on the Environmental Impact Report.
Council Member Millis said the developers have assured the Council
that the detention basin is adequate, and asked City Engineer Karp for
the same assurance.
Mr. Karp referred to Condition 1 under "Drainage" and said once
that condition was resolved and details worked out as to basin size,
it was his opinion that the concept would work.
Mayor Mankins directed City Staff to process a General Plan change
that would add four feet to right of way on the south side of the new street Corrected
within Trace 1513, making it 14 feet overall and available for a collector at 6/23/87
street. Council
Meeting
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CITY COUNCIL JUNE 9, 1987
ARROYO GRANDE, CALIFORNIA PAGE FIVE
ROYAL OAKS DEVELOPMENT REQUEST FOR LA BARRANCA/LOT "A" DRAINAGE AND PARK
PLANS APpROVAL-C.C.FILE 6-14-105
The City Manager referred to his memo of June 4, 1987; a June 4,
1987 memo from Parks and Recreation Director John Keisler; a June 4, ,
1987 memo from Special Projects Engineer Dwayne Chisam; a map of the
site; Ordinance No. 355 C.S.; a Memo Opinion No. 87-1 from City Attorney
Art Shaw, and a September 23, 1976, memo from Thomas M. Butch, former
City Administrator.
Mr. Mack read the June 9, 1987, recommendations from the Parks
and Recreation Commission on the subject of the Park/Drainage Basin,
and Royal Oaks Subdivision Lot "A."
MR. LLOYD of Engineerin9 Development Associates, representin9 the
Royal Oaks developer, showed a design of a path going through the basin
and Lot "A" to Rancho Grande Park from La Barranca.
It was moved by Johnson/Porter to adopt the following Planning
Commission recommendations of June 9, 1987, to amend Royal Oaks Estates
Ordinance No. 355 C.S.:
1. Amend 355 C.S. to remove Lot "A" as a park site and delete any reference
to park or recreational opportunities on Lot "A" and the La Barranca
site.
2. Direct amendment of the General Plan, and all other City documents,
to remove the La Barranca site as a future park site.
3. Negotiate a fair value from the developer for displacement of the
La Barranca Park site.
4. Use the negotiated developer contribution for Rancho Grande Park
development, the park most likely to serve the Via La Barranca neighborhood.
5. Use the La Barranca Park development funds contained in the proposed
budget, for the development of Rancho Grande Park.
6. The Commission recommends an ashphalt pathway through Lot "A" and
La Barranca if it is desirable and safe to permit access to the elementary
school and Rancho Grande Park.
Mr. Shaw said Staff would bring back to the Council the amendment
to the Ordinance No. 355 C.S., and in the meantime Staff would be authorized
to proceed.
JOHN ASHBAUGH of 535 Cuesta Place objected to the deletion of park
and recreational facilities at the La Barranca site and asked for more
time for a better consensus. He said the decision making process was
flawed; that the park was being sacrificed for questionable drainage
purposes, and property would be devalued in the area.
Council Members discussed the issues of adequacy of the basin for
drainage; the Poison Oak growing on the site; the release of drainage
from the site to La Barranca and Lot "A;" City ownership of Lot "A;"
the inadequacy of the site for recreational purposes; the walkway through
to Rancho Grande Park, and City acceptance in the past of small pieces
of land in lieu of Park Fees.
A vote was called for on the motion by Council Member Johnson,
and all Council Members voted aye (5-0-0).
Mr. Mack pointed out for the record that La Barranca residents
will receive less flooding in the future, and that release of water from
the basin will be cut from 8 cubic feet per second. He said the basin
will be constructed to contain a 100-year storm from upstream properties.
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CITY COUNCIL JUNE 9, 1987
ARROYO GRANDE, CALIFORNIA PAGE SIX
STRAWBERRY FESTIVAL PLANNING COMMITTEE
Mr. Mack referred to his memo of June 9, 1987, and one from Police
Chief James Clark on May 27, 1987. Mr. Mack recommended that City representa-
tives meet with the Village Merchants Association to design better crowd
and traffic control at the 1988 Strawberry Festival. After Council discussion
and testimony by JERI PENCE, president of the Association, Mayor Mankins
appointed the City Fire Chief, the Police Chief, the City Manager, and
Council Member Millis to meet with the Association. Mr. Mack said he
would coordinate the meeting.
201 BRISCO ROAD PUBLIC NUISANCE ABATEMENT (Public Hearing Closed May
12, 1987)C.C.FILE 5-12-8
Mr. Rogoway reported that the property owner has applied for rezonin9
and it is currently in process. He said the application would be heard
by the Plannin9 Commission on June 10, 1987.
Mr. Shaw recommended that the nuisance abatement proceedings be
terminated.
Moved by Moots/Johnson (5-0-0) to approve Mr. Shaw's recommendation.
ARROYO GRANDE DISTRICT CEMETERY REQUEST FOR WAIVER OF WATER METER FEES
Mr. Karp referred to his memo of May 20, 1987, and recommended
that the City Council review the water meter charges and the April 13,
1987, letter to the City from the Arroyo Grande District Cemetery, and
consider the request of the Cemetery Board.
After Council discussion, it was moved by Porter/Mankins (5-0-0)
to waive the Distribution Charges of $4,260, and leave the amount of
the Meter Charge to be determined by the Public Works Director after
estimates of installation costs are made.
CANYON WAY TRACT NO. 1039 IMPROVEMENTS ACCEPTANCE-C.C.FILE 6-14-91
Mr. Karp referred to his memo of June 3, 1987, and recommended
that the City Council accept for maintenance on behalf of the public
the public improvement constructed as requirements of Tract 1039, and
authorize Staff to release the cash performance bond.
Moved by Johnson/Moots (5-0-0) to approve Mr. Karp's recommendation.
FARROLL ROAD STORM DRAIN IMPROVEMENTS ACCEPTANCE-C.C.FILE 6-14-103
Mr. Karp referred to his memo of June 3, 1987, and recommended
that the City Council be requested to accept on behalf of the public
for maintenance those storm drain improvements constructed by GarBar.
Mr. Karp said to the City Council that he would clarify the reimbursement
schedule approved previously by the Council at a future meetin9 after
Staff receives a summary of project costs from GarBar.
Moved by Johnson/Porter (5-0-0) to approve Mr. Karp's recommendation.
ADJOURNMENT TO CLOSED SESSION
Mr. Shaw requested that the Council meet in Closed Session at 11:45
P.M.
RECONVENEMENT AND ADJOURNMENT
The Council reconvened at 12:05 A.M. and, on motion of Moots/Johnson
(5-0-0), immediately adjourned to the June 11, 1987, budget meetin9.
MAYOR
ATTEST:
CITY CLERK
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