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PC Minutes 1997-03-181 1 ARROYO GRANDE PLANNING COMMISSION M'AR' CH 18, 1997 The Arroyo Grande Planning Commission met with Chair Tappan presiding. Commissioners Deviny, Lubin and Titus were present; Commissioner Keen was absent. Community Development Director Doreen Liberto - Blanck and Associate Planners Helen Elder and Bruce Buckingham were in attendance. APPROVAL OF MINUTES - On a motion of Commissioner Titus; seconded by Commissioner Lubin; by unanimous consent with Commissioner Keen absent, the minutes of the January 7, 1997 Planning Commission meeting were approved as presented. On a motion of Commissioner Titus; seconded by Commissioner Deviny; by unanimous consent with Commissioner Keen absent and Commissioner Lubin abstaining, the minutes of the January 21, 1997 Planning Commission meeting were approved as presented. ORAL COMMUNICATIONS - None PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 97-550; PROPOSAL TO REMODEL EXISTING VACANT RETAIL SPACE INTO A DELI WITH OUTDOOR DINING AT THE SIDE OF THE BUILDING AT 203 EAST BRANCH STREET; APPLICANT - JOHN & MAUREEN GUTIERREZ Chair Tappan noted that a letter had been received by the Community Development Department on March 18, 1997, from Attorney David P. Weilbacher for his client Mr. Langwell expressing concern about access. Community Development Director Liberto -Blanck stated that the City Attorney had advised that the hearing be continued so that the issue addressed in the letter could be studied. The applicant agreed to the continuance. On a motion of Commissioner Lubin; seconded by Commissioner Deviny; by unanimous consent with Commissioner Keen absent, the item was continued to the April 1, 1997 Planning Commission meeting. PUBLIC HEARING - TENTATIVE PARCEL MAP CASE NO. 97 -535; PROPOSAL TO SPLIT A 19,600 SQUARE FOOT LOT INTO TWO RESIDENTIAL SINGLE FAMILY LOTS AT 198 SOUTH ALPINE ST; APPLICANT - ROBERT OLDEMEYER Associate Planner Helen Elder presented the staff report; noted that there is a single family home on the property; stated that the proposed new parcels would meet the requirements of the Development Code; discussed the proposed access to parcel 2; stated that the Initial Study identified a potential impact under "archaeological resources ", explained that the Staff Advisory Committee (SAC) had reviewed the project and imposed certain Conditions of Approval (COA) and recommended approval; and recommended the following COA be added: to... reeo Dort t� :tbe..l7ar; Chair Tappan inquired about the archaeological study; staff replied that the results were negative. Chair Tappan opened the public hearing. The Chair noted that neither the applicant nor a representative was present. Scott Spierling 190 South Alpine Street - stated that he had some issues he wished to discuss and suggested moving the item further on the agenda until the applicant was present. Arroyo Grande Planning Commission Page 2 March 18, 1997 Community Development Director Liberto -Blanck stated that staff had contacted the applicant who was ill and unable to attend the meeting. His representative could not be contacted. It was suggested that the item be continued. On a motion of Commissioner Deviny; seconded by Commissioner Lubin; and by unanimous agreement; it was determined that the item be continued to the April 1, 1997 Planning Commission meeting. Prior to any discussion on the proposed Redevelopment project, Chair Tappan suggested continuing it until the next meeting when the new Planning Commission would be seated so that they could become familiar with the Redevelopment Project. Commissioner Deviny agreed that since this is a 30 year plan, the new Planning Commission should vote on it. Commissioner Lubin expressed concern about the time limit for approval of the proposed Redevelopment Plan and stated that since the present Planning Commission gave initial approval, they should vote now. Commissioner Titus felt that there was no reason for delay. City Manager Robert L. Hunt stated that this item was purposely brought to this Commission since they had been involved in the process of formulating the project area last October. The only action required is to find conformity with the General Plan; and the plan mirrors the General Plan. The project area was approved last October and there has been only one change to delete the 180 acres in the unincorporated area from the plan. On a motion of Commissioner Deviny; seconded by Commissioner Tappan; it was recommended that the item be continued to the April 1, 1997 Planning Commission meeting. There was further discussion among the Commission regarding when the vote should be taken and a point of order regarding voting on a continuance if there is a conflict in the general vote. Action was taken by the following roll call vote, to wit: AYES: Commissioner Deviny and Tappan NOES: Commissioners Titus and Lubin ABSENT: Commissioner Keen Chair Tappan stepped down due to a potential conflict of interest. Vice -Chair Deviny took the gavel. NON - PUBLIC HEARING - CITY OF ARROYO GRANDE PROPOSED REDEVELOPMENT PLAN - GENERAL PLAN CONFORMITY City Manager Hunt presented the staff report. He . stated that the proposed Redevelopment Plan mirrors the General Plan. If the General Plan changes, then the Redevelopment Plan automatically changes. Changes could be made to decrease the project area by the City Council. Any proposal to increase the project area would require the entire process be gone through again. Staff expressed confidence that the proposed Redevelopment Plan was in conformance with the General Plan. Vice Chair Deviny opened the hearing for public comments. 1 1 Arroyo Grande Planning Commission Page 3 March 18, 1997 With no comments from the audience, he brought the hearing back to the Commission for comments. Commissioner Lubin asked for staff assurance that the legal definition has been verified; Mr. Hunt replied absolutely. Commissioner Lubin inquired about the use of "eminent domain" on residential property. Mr. Hunt explained that the Redevelopment Agency has stated that they will not use "eminent domain" on residential property. Commissioner Titus noted that her main concern had been adding the Fredericks property at a later date. She noted that it was clear the proposed Redevelopment Plan mirrored the General Plan. Commissioner Deviny noted that he has no problem with the proposed Redevelopment Plan; however, he preferred that the question of conformity be determined by the new Planning Commission. The following action was taken: AYES: NOES: ABSENT: ABSTAIN: Chair Tappan returned to the dial. Chair Tappan opened the public hearing. RESOLUTION NO. 97 -1608 A RESOLUTION OF THE PLANNING COMiVIISSION OF THE CITY OF ARROYO GRANDE FINDING THAT THE REDEVELOPMENT PLAN PREPARED FOR THE PROPOSED ARROYO GRANDE REDEVELOPMENT PROJECT CONFORMS TO THE ARROYO GRANDE GENERAL PLAN AND RELATED MATTERS On a motion by Commissioner Lubin, seconded by Commissioner Titus, and by the following roll call vote, to wit: Commissioners Lubin, Titus and Deviny None Commissioner Keen Commissioner Tappan PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 96 -534; PROPOSAL TO HAVE A LOT LINE ADJUSTMENT BETWEEN TWO RESIDENTIAL SINGLE FAMILY HOMES TO INCREASE ONE BACKYARD SIZE AT 1180 MAPLE STREET /181 SOUTH ELM STREET; APPLICANT - SANTA CRUZ /LOMBARDO Associate Planner Helen Elder presented the staff report; noted that the two lots will generally conform to the Development Code requirements; stated that the house on lot A meets the setback requirements but the garage /shed straddles the property line. A condition of approval (COA) has been included to require removal of this structure prior to recordation of the lot line adjustment. The house on front of Lot B meets the Development Code requirements for setback but the smaller house to the rear does not and will therefore be a non - conforming structure. Commissioner Deviny asked about the non- conforming house, if the property owner intended to utilize it as a residence. Staff replied that if that were the case it would have to be brought up to code and conform. Arroyo Grande Planning Commission Page 4 March 18, 1997 Molly Santa Cruz. 1180 Maple Street - stated that the house in question was in bad condition and the owner had no intention of having people live in it; and noted that the well had been capped and that they will remove the garage /shed. Commissioner Deviny noted that the proposal was good; asked about including language to assure non - conforming house would have to be brought into conformance prior to occupancy. The Commission concurred that they would not want to see the house occupied unless it was in conformance. Commissioner Titus stated that she felt it was a good use for the property. Commissioner Lubin noted that he was in support of the project but expressed concern for the oak tree. Chair Tappan stated that it was nice to see neighbors working together. The following action was taken: RESOLUTION NO. 97 -1609 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION; APPROVING LOT LINE ADJUSTMENT CASE NO. 96-534, LOCATED AT 1180 MAPLE STREET, APPLIED FOR BY MOLLY AND ERNEST SANTA CRUZ On a motion by Commissioner Titus, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYES: Commissioners Titus, Deviny, Lubin and Tappan NOES: None ABSENT: Commissioner Keen PLANNING COMMISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS A. Update of Projects - • At their next meeting the City Council will: award the marketing grant contract study contract of $35,000, consider three requests for temporary use permits for the Harvest Festival and 4th of July, hold the second reading of the Development Code Amendment regarding "manor care facilities" , 1 1 Arroyo Grande Planning Commission March 18, 1997 With no comments from the audience, he brought the hearing back to the Commission for comments. Commissioner Lubin asked for staff assurance that the legal definition has been verified; Mr. Hunt replied absolutely. Commissioner Lubin inquired about the use of "eminent domain" on residential property. Mr. Hunt explained that the Redevelopment Agency has stated that they will not use "eminent domain" on residential property. Commissioner Titus noted that her main concern had been adding the Fredericks property at a later date. She noted that it was clear the proposed Redevelopment Plan mirrored the General Plan. Commissioner Deviny noted that he has no problem with the proposed Redevelopment Plan; however, he preferred that the question of conformity be determined by the new Planning Commission. The following action was taken: On a motion by Commissioner Lubin, seconded by Commissioner Titus, and by the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chair Tappan returned to the dias. Chair Tappan opened the public hearing. RESOLUTION NO. 97 -1608 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE FINDING THAT THE REDEVELOPMENT PLAN PREPARED FOR THE PROPOSED ARROYO GRANDE REDEVELOPMENT PROJECT CONFORMS TO THE ARROYO GRANDE GENERAL PLAN AND RELATED MATTERS Commissioners Lubin, Titus and Deviny None Commissioner Keen Commissioner Tappan Page 3 PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 97 -534; PROPOSAL TO HAVE A LOT LINE ADJUSTMENT BETWEEN TWO RESIDENTIAL SINGLE FAMILY HOMES TO INCREASE ONE BACKYARD SIZE AT 1180 MAPLE STREET /181 SOUTH ELM STREET; APPLICANT - SANTA CRUZ /LOMBARDO Associate Planner Helen Elder presented the staff report; noted that the two lots will generally conform to the Development Code requirements; stated that the house on lot A meets the setback requirements but the garage /shed straddles the property line. A condition of approval (COA) has been included to require removal of this structure prior to recordation of the lot line adjustment. The house on front of Lot B meets the Development Code requirements for setback but the smaller house to the rear does not and will therefore be a non - conforming structure. Commissioner Deviny asked about the non - conforming house, if the property owner intended to utilize it as a residence. Staff replied that if that were the case it would have to be brought up to code and conform. Arroyo Grande Planning Commission Page 4 March 18, 1997 Molly Santa Cruz, 1180 Maple Street - stated that the house in question was in bad condition and the owner had no intention of having people live in it; and noted that the well had been capped and that they will remove the garage /shed. Commissioner Deviny noted that the proposal was good; asked about including language to assure non - conforming house would have to be brought into conformance prior to occupancy. The Commission concurred that they would not want to see the house occupied unless it was in conformance. Commissioner Titus stated that she felt it was a good use for the property. Commissioner Lubin noted that he was in support of the project but expressed concern for the oak tree. Chair Tappan stated that it was nice to see neighbors working together. The following action was taken: • RESOLUTION NO. 97 -1609 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION; APPROVING LOT LINE ADJUSTMENT CASE NO. 96-534, LOCATED AT 1180 MAPLE STREET, APPLIED FOR BY MOLLY AND ERNEST SANTA CRUZ On a motion by Commissioner Titus, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYES: Commissioners Titus, Deviny, Lubin and Tappan NOES: None ABSENT: Commissioner Keen PLANNING COMMISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS A. Update of Projects - At their next meeting the City Council will: award the marketing grant contract study contract of $35,000, - consider three requests for temporary use permits for the Harvest Festival and 4th of July, - hold the second reading of the Development Code Amendment regarding "manor care facilities ", 1 1 Arroyo Grande Planning Commission Page 5 March 18, 1997 consider a half- million dollar CDBG project in conjunction with Peoples' Self -Help Housing Corporation. Chair Tappan suggested that the Peoples' Self -Help Housing project might consider being named after Helen Sturgess. Staff noted that the City Council now had a policy that any names for projects will require Council approval; and, • Outgoing Commissioners made a few closing remarks: Chair Tappan thanked staff for working with the Commission; expressed good luck to the new Commissioners; thanked his fellow Commissioners, and remarked that they had done a good job on a number of tough issues. Commissioner Titus thanked Chair Tappan for leading the group in such a professional manner and noted that he ran a good meeting. Commissioner Lubin, as the returning member, expressed his appreciation to the Commission for helping him when he started out on the Commission. Community Development Director Liberto -Blanck thanked the Commission for their support and noted that they had made staff's job easier. WRITTEN COMMUNICATIONS - 1. Agenda Item No. II.A., letter from David P. Weilbacher dated March 18, 1997. 2. Zoning News (February 1997). ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Lubin, seconded by Commissioner Deviny, and unanimously carried, Commissioner Keen was absent, the meeting was adjourned at 8:20 p.m. ATTEST: Breese, Commission Clerk TO CONTENT: Doreen Lib rto- Blanck, Community Development Director i iam Tappan, Chair