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Minutes 1986-01-27 "-, -~ CITY COUNCIL JANUARY 27, 1986 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presi- ding. Upon roll call, Council Members Matt Gallagher, Dorace Johnson, Gene Moots and D.G. Porter present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Moots led the Pledge of Allegiance to our flag. Counc il Member Gallagher delivered the invocation. ORAL COMMUNICATIONS None CONSENT AGENDA Council Member Johnson withdrew Item No.6 for discussion. On motion of Council Member Moots, seconded by Council Member Gallagher, and unanimously carried, to approve Consent Agenda Items 1 through 12 with the exception of Item 6. 1. January 14, 1986 COl1uciI Minutes (Reconmend Approval) 2. Demand Register (R ecoamend Appt:ovd) 3. Request to Hold Sidewalk Sale in Village, February 14 and 15, 1986 (Reconmend Approval) 4. Resignation of Faith E. Wescomfran QtiZU1S Transportation Advisory Clxmlittee (Recoamend Approval) 5. League of California Otie.' Legialative Bulletin No. 2-1986 (Jnfotmation) 7. January 8, 1986 Parks and Recreation Comnillion Note. (InEonnation) 8. Decanber 16, 1985 Parking and Traffic C.....m..ion Minutes (InEoanation) 9. Resolution Establishing 3D-Minute Parking Zone in front of 1312 Grand Avenue (Te1ep:.ones to Go) (Recoamend Adoption) 10. Resolution to Establiab Certain Oty Property as "~pus" (Reconmend Adoption) 11. ean for Bids - Curb, Gutter and Sidewalk District - Le Point Street, (south side), frem North Mason Street to Tally Ho Road (Reconmend Approval) 12. South County Sanitary Senice Rate Increase Statui Report and Set Public Hearing Date' (JDfolDlRtion and Set Public Hearing for February 11, 1986) ---'-'--~'-~'~- ,--- - CITY COUNCIL JANUARY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued Council Member Johnson referred to Item 8, Architectural Review Case No. 86-355, Replace Existing Sign, 100 Traffic Way (Skilley's Camper Sales). She asked if this matter would come before the City Council and if the sign design could be viewed. Planning Director Stanley Eisner said the item would not come before the Council unless it appealed the Planning Commission decision. He said the item had been continued to the next meeting of the Planning Commis- sion. He said the sign could be viewed in his City Hall office. On motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried, to approve Consent Agenda Item 6. OAK PARK INTERCHANGE REPORT Public Works Director Paul Karp said that the cities of Arroyo Grande, Grover City and Pismo Beach had met to discuss the project and that Pismo Beach is against the project as it is written primarily because of the relocation of the northbound ramps to Camino Mercado. He said Pismo Beach is still in favor of spending money for a project, however. Mr. Karp said that subsequent to that meeting he and Mayor Smith had met with Reuben Kvidt, developer of Oak Park Acres, who said he would be willing to donate land in the drainage area of Tract 604 for relocation of the frontage road to accommodate appropriate storage for signalization of the northbound ramps in the present location. Mr. Karp said that R. Baker Construction also had volunteered to donate land to relocate northbound ramps on his property in Pismo Beach. Mr. Karp said Caltrans is reviewing the proposals. He said the relocation of the northbound ramps to Camino Mercado without the remaining originally planned project (proceeding on our own) would cost $800,000.00, and Arroyo Grande would be short of Federal Allocation Urban funds. He said the Arroyo Grande FAU Fund contains about $500,000.00. He said he would be waiting to hear from Caltrans on the matter. FINAL READING OF ORDINANCE TO EFFECT MODIFICATION OF ZONING ORDINANCE BY CHANGING THE TITLE OF C-N DISTRICT TO C-A ZONING DISTRICT~ CREATING A NEW DISTRICT ENTITLED C-2, GENERAL COMMERCIAL, AND ESTABLISHING STANDA OS; CHANGING THE TITLE OF THE H-S DISTRICT TO C-3 DISTRICT AND CHANGING STANDARDS IN THE C-3 DISTRICT; AND MAPPING PROPERTIES FOR C-2 AND C-3 DISTRICTS. Mr. Eisner read the title of the proposed Ordinance, and, on motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried to dispense with further reading of the ordinance. MARIE CATTOIR, 195 Orchid Lane, asked for a point of clarification saying, "If the legal notice of the Ordinance, for instance for C-3, was published in the newspaper, could the Council legally adopt something other than what was published?" She said she believed that general offices, professional offices, banks, and savings and loan offices were listed in the Ordinance under Sec. 9-4.1403. Uses permitted subject to a conditional use permit. City Manager Robert Mack said the legal notice Mrs. Cattoir was referring to was a Notice of Public Hearing. He said the Council is free as a result of the Public Hearing process to adopt something other than what was proposed or advertised, and that was the purpose of the Public Hearing. Mr. Eisner said that the Planning Commission had deleted office uses from C-3. After Council discussion with City Attorney Art Shaw, and the withdrawal of the previous motion by Council Members Moots and Gallagher, on motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, that the Ordinance prepared for the public be modified to represent the opinion of the Council; that the second reading be held at the next Council meeting, and that notice be given to the public of the changes made in the Ordinance. - -~. CITY COUNTI L JANUARY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE THREE FINAL READING OF ORDINANCE TO EFFECT MODIFICATION OF ZONING ORDINANCE, BY REPEA- LING THE CURRENT R-G AND R-3 ZONING DISTRICTS AND ESTABLISHING A NEW R-3 DISTRICT WITH STANDARDS Mr. Eisner read the title of the proposed Ordinance. Dn motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried to dispense with further reading of the proposed Ordinance. ' ORDINANCE NO. 339 AN ORDINANCE OF THE CITY OF ARROYO GRANDE MODIFYING THE MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT STANDARDS BY REPEALING ARTICLE 8 "GARDEN APARTMENT RESIDENTIAL DISTRICT OR R-G DISTRICT," AND REPEALING AND AMENDING ARTICLE 9, "MUL TIPLE-FAMIL Y RESIDENTIAL DISTRICT OR < R-3 DISTRICT," AND AMENDING THE APPROPRIATE TITLES AND THE LEGEND ON THE ZONING MAP On motion of Council Member Gallagher, seconded by Council Member Moots and on the following roll call vote, to wit: ' AYES: Mayor Smith and Council Members Gallagher, Johnson, Moots and Porter NONE: None ABSENT: None the foregoing Ordinance was passed and adopted the 27th day of January, 1986. APPOINTMENT TO THE CITIZENS' TRANSPORTATION COMMITTEE Mayor Smith said she had no appointment to make, and asked Council Members to suggest names of citizens who would be interested in serving on the committee. OAK PARK PROFESSIONAL CENTRE (TRACT 1240) ACCEPTANCE BY COUNCIL Mr. Karp referred to a letter from Jim Reed of Bonita Homes requesting action by the Council. Mr. Karp said that the tract was completed I and recom- mended Acceptance of Improvements on behalf of the public of the public portion of the project (the street work). On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve Mr. Karp's recom- mendation. PUBLIC HEARING-APPEAL OF PLANNING COMMISSION'S DECISION OF DENIAL OF LOT LINE ADJUSTMENT AT 114 AND 116 BELL STREET, LOT SPLIT CASE NO. 85-4421, BY JEFFREY A. SALSER Mr. Eisner said that in March, 1984, the applicant was granted a use permit for a second residence on an existing residential lot. He said the zoning then, as now, was R-1. He said the second dwelling was granted with certain stipulations, including that all development standards, including yard setbacks, can be met and that no further division of the property shall take place. He said that while a lot line adjustment is not technically a further division of the property, the requested lot line adjustment will make it possible for the buildings to be individually sold on separate parcels, while the existing circumstance has the lot line running through both buildings. He said the Planning Commission had heard Mr. Salser's request and denied it by a 5 to 1 vote. Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. JEFF SALSER, 116 Bell Street, referred to his January 12, 1986, letter to the Council expressing his reasons for appealing the Planning Commission decision. ~ -~ CITY COUNCIL JANUARY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOUR PUBLIC HEARING-APPEAL OF PLANNING COMMISSION'S DECISION OF DENIAL OF LOT LINE ADJUSTMENT AT 114 AND 116 BELL STREET, LOT SPLIT CASE NO. 85-4421, BY JEFFREY A. SALSER Continued LOUIS G. BRAZIL, 603 Cornwall; E.J. LEBOW, 515 Cornwall, and SUSAN YODER 518 Cornwall, all spoke against Mr. Salser's appeal. Mayor Smith called for others to speak; when no one came forward the public hearing was closed. . Council Member Gallagher said he would be against the appeal because lt would change the character of the neighborhood. Council Member Porter said he would rather see two parcels on two lots, than two houses on one lot. Council Members Johnson and Moots said they did not want to see the lot split or to jeopardize the neighborhood. Mayor Smith said that the Council should not have allowed Mr. Salser in 1984 to build the second house without sufficient square feet. She said that technically this is a lot line adjustment. On motion of Council Member Johnson, seconded by Council Member Moots, the appeal was denied on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson and Moots NOES: Mayor Smith and Council Member Porter ABSENT: None Council Member Gallagher suggested to the Council that an ordinance be drawn up for the reversion to acreage for substandard lots adjoining each other in the same ownership with buildings across lot lines. Mr. Eisner said that normally when an applicant comes to the City with some descretionary action the Planning Department tries to condition the action that a lot line be removed from the middle of the lot or at least reduce the degree of non-conformity. Mr. Shaw suggested that he and Mr. Eisner discuss the problem and come back to the Council with a solution. Council Member Gallagher agreed to this. PUBLIC HEARING-USE PERMIT TO ALLOW CHURCH FACILITIES AT NORTHEAST CORNER OF OAK PARK BOULEVARD AND JAMES WAY, WIT IN LANNED DEVELO MENT DISTRICT P-D IN OAK PARK ACRES, BY RICHARD DAY, OAK PARK F URSQUARE CHURCH Mr. Eisner said that this is a request for renewal of an expired Use Permit previously approved by the City Council. He said that because the church was unable to exercise the permit within one year and because they failed to request an extension prior to expiration, it is necessary for the Planning Commission and the City Council to re-examine and re-adopt the original Use Permit request. He said it should be noted that because of the substantial changes in the project design, approving a use permit means a new application for architectural review also will be required for review by both the Planning Commission and the City Council. He added that approving the Use Permit simple means a recognition that a church will be built on that site. Mr. Gallagher asked if additional conditions had been added to the project, and Mr. Eisner said no, they were just reworded. Mayor Smith said the notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. RICHARD DAY, 2076 Wildwood Lane, representing Oak Park Foursquare Church,. said the site plan has not changed, just a downscaling in the building size. Mayor Smith called for others to speak; when no one came forward the public hearing was closed. Council Member Porter questioned the findings by some Planning Commissioners a year ago that there was not sufficient water and sewer facilities available for the project, and traffic would impact negatively. Mr. Eisner said that a year ago the Council found to the contrary and approved the project. On motion of Council Member Johnson, --' -~ CITY COUNCIL JANUARY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE FIVE PUBLIC HEARING-CHURCH FACILITIES AT NORTHEAST CORNER OF OAK PARK BOULEVARD AND JAMES WAY Continued seconded by Council Member Moots, and approved on the followin9 roll call vote, to wit: AYES: Mayor Smith and Council Members Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None PUBLIC HEARING-USE PERMIT TO ALLOW FREE STANDING SIGN AT 555 CAMINO MERCADO, BY E-Z EIGHT MOTELS, INC., WITHIN PLANNED DEVELOPMENT DISTRICT (P-D). Mr. Eisner said this is a request for modification of the existing sign plan for the E-Z Eight Motel and the modification has been brought about by the insistance by the State of California that the existing sign, now located off premises, be removed to comply with federal laws. He said the Planning Commission approved the overall sign plan and has sent it to the Council with the condition that hydroseeding of the cut slope between the motel and the office complex westerly of the motel be done. Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. LES KRAUCH, who represented the owners of the motel, said that the redesign of the sign came about upon the notification by Caltrans. He said that rather than argue with Caltrans, and keeping in mind that the City objected to the color of the present sign, the company decided to redesign the sign entirely. He circulated to the Council a rendering of the sign. He added that all his company is asking for is the free-standing sign, and that it is no longer asking for the sign on the motel building. Mr. Krauch answered questions of the Council, and referred to the sketch of the sign in the Council's packet. Mayor Smith called for others to speak; when no one came forward the pUblic hearing was closed. Council Member Johnson said she was happy to see the sign moved from the corner of the cemetery, and hoped the applicant would be deligent in lands- caping the bank. Council Member Moots said this sign is an improvement, but would rather see a monument type of sign. Council Member Gallagher said this sign is an improvement and thanked the applicant for working with the City. Mayor Smith said she wished the sign were lower, but will be glad to see the previous sign coming down. Mr. Eisner said he would draft a resolution on this matter for the next Council meeting, February 11, 1986. On motion of Council Member Gallagher, seconded by Council Member Johnson, to approve the applicant's sign design plan as modified (the request for the sign on the motel building deleted) on the following vote, to wit: AYES: Mayor Smith and Council Members Gallagher, Johnson and Porter NOES: Council Member Moots ABSENT: None . PUBLIC HEARING-APPEAL OF PLANNING COMMISSION'S APPROVAL OF USE PERMIT FOR RELOCATION OF SANTA MANUELA SCHOOL TO STANLEY AND BRANCH STREET-CONTINUED HEARING On motion of Council Member Moots, seconded by Council Member Gallagher, to grant the continuance of the hearing to March 25, 1986, as requested by the South County Historical Society. CITY COUNCIL JANUARY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE SIX WRITTEN COMMUNICATIONS: Members of the Council received revised copies of the Circulation Element of the General Plan, and decided to take more time to read the document and review changes which have been made. Mayor Smith said a Public Hearing date will be set at a later time. ORAL COMMUNICATIONS Mayor Smith asked the Council to hold a study session on Mobile Home Rent Stabilization, and February 12, 1986, at 1:00 P.M. was set. A discussion of fees for new development-related road improvements took place, and Mr. Mack said he would be bringing a draft of a Traffic Signalization Fund Ordinance to the next meeting. ADJOURNMENT TO A CLOSED SESSION The Council adjourned to a closed session at 9:05 P.M. RECONVENEMENT AND ADJOURNMENT On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to adjourn immediately after reconvenement at 10:34 P.M. MAYOR ATTEST: CITY CLERK