PC Minutes 1994-06-071
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ARROYO GRANDE PLANNING COMMISSION
JUNE 7, 1994
The Arroyo Grande Planning Commission met in regular session with Chairman Carr presiding.
Present are Commissioners Tappan, Soto, Reilly and Keen. Absent are Commissioners Deviny
and Hatchett. Planning Director Doreen Liberto - Blanck, Current Planner Scott Spierling and
Acting City Engineer John Wallace are in attendance.
APPROVAL OF MINUTES
On motion by Commissioner Soto, seconded by Commissioner Reilly and unanimously carried,
the minutes of the regular meetings of May 3 and May 17, 1994 were approved.
ORAL COMMUNICATIONS - None
PUBLIC HEARING - LOT MERGER CASE NO. 94-518, AMENDED ARCHITECTURAL
REVIEW CASE NO. 73 -067, PLANNED SIGN PROGRAM. CASE NO. 94 -114,
VARIANCE CASE NO. 94 -184 AT 251 GRAND AVENUE, APPLICANT IS CHEVRON
PRODUCTS USA
Current Planner Spierling gave the history of this item, using the overhead projector to point out
pertinent information. He informed the Commissioners three Resolutions and one Minute
Motion were to be considered, and ended by stating that Staff recommended approval.
Chairman Carr opened the public hearing.
Bruce Greenfield of Robert H. Lee and Associates, representing the applicant, said he felt
Current Planner Spierling had done a good job in presenting this item to the Commission. He
stated the reason for this project was primarily because Chevron is environmentally upgrading
their stations to meet 1998 service station requirements. Mr. Greenfield gave a brief summary
of what this involved. He then stated that on this particular station it seemed appropriate to
enhance it at the same time, which he pointed out would also benefit the City of Arroyo Grande.
Regarding the conditions, he said they were in agreement except for two issues, stating that the
primary one was the property dedication. Mr. Greenfield stated that his understanding was that
the City, via Paul Karp, had been negotiating for property dedication and a that a 10 foot
dedication for which the owners would be compensated was being discussed. He continued by
stating that the owners felt they were being taken advantage of because they had been negotiating
with the City and had almost reached an agreement. But now because Chevron is doing
something on their property, they are not only being asked to give it to the City, but the City
is also asking for an additional 5 feet. He said the 10 feet is based on discussions with Paul
Karp, Chevron, and the property owners, as well as traffic consultant Mohle- Grover and
Associates, which shows a 48 foot right -of -way to the center line. Mr. Greenfield said their
survey showed 38 feet, thereby calling for an additional requirement of 10 feet.
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June 7, 1994
Mr. Greenfield explained that Chevron would be adversely affected by the requirement of the
additional 5 feet in that their normal tank configuration would not be usable and therefore they
would be required to use 10,000 gallon tanks rather than 12,000 gallon tanks. He continued by
stating that they would have to use a non - standard design tank, producing a cost impact. Mr.
Greenfield said that even if they had to comply with these deviations, they still could not stay
within the ten feet from the property line. He said that in addition the tanker truck access would
be hindered and in order to maneuver, the truck would need to back up, causing a potential
safety hazard. The other adjustment would be that they would have to switch the fills and the
pump with the tanks in order to allow the tanker truck to have access.
Mr. Greenfield then stated that the property owners were in the audience and would like to voice
their thoughts. He ended by saying he did have one other issue he would like to raise after this
concern.
Ray Saruwatari of 372 Oro Drive, one of the owners of the property, said he felt this item was
only a remodel and could not understand the need for a variance. He said the expansion of
Grand Avenue to four.lanes. and the 101 freeway involved pushing them back and now the City
wants more. Mr. Saruwatari said a little over two years ago the City of Arroyo Grande,
represented by Paul Karp was negotiating with them to buy 10 feet, though the family was really
not interested. However, he stated, after much negotiations, they finally agreed to sell 10 feet
to the City and the City agreed to pay for it. Mr. Saruwatari went on to say that now the City
not only wants property dedicated rather than purchasing it, but wants an additional 5 feet. He
said he was not informed in advance of this hearing and he and his family were upset.
Gene Saruwatari of 736 Scenic Circle stated he also was one of the owners and agreed with his
brother Ray Saruwatari's comments. He further stated that footage taken from this property
would then limit their use of the property and the parking facilities on that property. Mr.
Saruwatari went on to say that he felt the owners were being penalized for situations that were
not their doing. He ended by saying Chevron's upgrading would enhance the area.
Gayle Nakano, 842 Forest Glen, stated she was angered and upset, not only because of the
request for dedication when earlier the City was willing to purchase the property, but also that
she was not notified by mail and only found out about this situation shortly before this meeting.
Bruce Greenfield returned to the podium and introduced two representatives from Chevron who
were present to answer any questions.
With no further comments from the audience, Chairman Carr closed the public hearing.
Lengthy discussion was held by the Commission regarding this matter and the consensus was
that a more definite dedication requirement need to be made. It seemed to the Commissioners
that a continuation would be appropriate. Planning Director Liberto - Blanck suggested that Staff
provide the Commission with a history of the proposed dedicated area, so that everyone would
know what had actually transpired. She also indicated that there may not be a quorum at the
June 21 meeting. Chairman Carr asked Chevron whether they would agree to a continuance and
Mr. Greenfield stated they would like the hearing on this project to be continued.
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Arroyo Grande Planning Commission Page 3
June 7, 1994
On a motion by Commissioner Reilly, seconded by Commissioner Keen, and unanimously
carried, it was agreed to continue this item to the next regular meeting of the Planning
Commission on June 21, 1994.
PUBLIC IIEARING - APPEAL FOR EXCEPTION REQUEST TO DELETE CONDITION
OF APPROVAL NO. 29 FOR UNDCRGROUNDING UTILITIES FOR TENTATIVE
TRACT 983, APPLICANT IS L.C. LAVINE
Commissioner Soto left Council Chambers due to a potential conflict of interest.
Planning Director Liberto - Blanck apprised the Commission of the relevant issues regarding the
appeal. She stated that the applicant presented a request to the Planning Department requesting
that the City Engineer and Planning Director delete the condition for undergrounding utilities,
per the Development Code. Ms. Liberto - Blanck stated the reasons for requiring the applicant
to amend their tentative tract map, since it was a condition of approval placed on the project
during the public hearing process. She explained the City Attorney's comments. Ms. Liberto-
Blanck pointed out the options to be considered by the Commissioners and offered to answer any
questions they might have. She ended by stating some of the reasons Staff made this decision
were that 1) it is consistent with previous determinations, 2) there is a 1993 Resolution that the
Planning Commission adopted which indicated that conditions could not be changed after they
were approved, and 3) they adopted a Resolution on May 3, 1994, stating that a condition of
approval for underground utilities once approved by the Planning Commission, can be deleted
by the Planning Director and City Engineer.
In response to the applicant's letter, Current Planner Spierling stated that he had a discussion
with Paul Karp asking if he recalled any exception request when he was Public Works
Director /City Engineer. He said that Mr. Karp indicated that he did not recall any exception
and felt strongly that he did not grant such a exception request for underground utilities, but if
he had, he would typically put it in writing and not verbally.
Chairman Carr opened the public hearing.
Terry Orton of Westland Engineering Company, representing the applicant, gave the background
on the project and distributed 1 copy of a letter from Attorney Gerald C. Weaver to Terry Orton
of Westland Engineering Company, dated June 7, 1994. He stated that the applicant wants to
record his map. Mr. Orton said the applicant felt an exception request had already been granted
by the Public Works Department. Therefore, he requested that the third Resolution in the
packet, stating that an exception had already been made, be approved. Mr. Orton referred to
Chapter 9 -15 of the Arroyo Grande Development Code, Subsection C (Exceptions), Item 1,
saying that it was impractical because of the excessive cost, as they had already paved the road
because their understanding was that no underground utilities would be required, and would now
have to tear the road up. He also said it was impractical to underground because the two poles
now on the property would need to be moved and perhaps a third required, if undergrounding
was deemed necessary.
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June 7, 1994
When PG &E's involvement was discussed, Commissioner Tappan stated that as an employee
of PG &E he was concerned that he should step down from the dais. Planning Director Liberto-
Blanck suggested a short recess so Commissioner Tappan could contact the City Attorney for
counsel. After a short recess Commissioner Tappan returned stating he had spoken with the City
Attorney and felt it was appropriate that he remain for this item.
Mr. Orton stated that his attorney advised him that a Resolution could not supersede an
ordinance and therefore could not take precedence over it, and that the Development Code
provided for an exception request. He again stated that the improvement plans showing no
underground utilities had been signed and he requested that the third Resolution be accepted by
the Commission.
Chairman Carr asked Mr. Orton who and when the improvement plans were signed.
Planning Director Liberto - Blanck suggested that John Wallace discuss the improvement plans.
John Wallace stated he did look at the improvement plans and reviewed then from the
implication of whether or not they reflected undergrounding utilities. He said his opinion was
that the plans imply that the utilities would not be undergrounded and stated reasons for his
determination.
Wayne Mills of 502 Via La Barranca felt that underground utilities should be required,
requesting that the exception not be granted, because of views being hindered.
Don Newman of 504 Via La Barranca stated he supported the necessity to underground utilities,
pointing out that the applicant knew that was a condition when it was originally approved.
L.C. LaVine, the applicant, said he has been trying since 1989 to complete this project and has
been hindered continually causing him great financial loss. He further stated that the
underground utilities requirement had been verbally waived.
Mr. Orton again spoke stating that when a project is presented, it is difficult to know whether
to ask for an exception because at the time the utility companies do not have the costs available.
With no further comments from the audience, Chairman Carr closed the public hearing.
During the discussion by the Commission, Commissioner Keen asked John Wallace what his
response would be if this item carne before him now.
Mr. Wallace stated that he would grant an exception, giving reasons for that determination.
After continued discussion, Chairman Carr asked if the Commissioners were ready to make a
motion. There being no response from the Commissioners, Mr. Carr turned the chairship over
to Vice Chairman Tappan. Commissioner Carr then motioned to adopt the following Resolution,
with the following changes:
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Arroyo Grande Planning Conunission Page 5
June 7, 1994
1. Delete "UPHOLDING AN APPEAL OF THE PLANNING DIRECTOR'S
DETERMINATION THAT AN APPLICATION IS INCOMPLETE AND" from the title.
2. Remove the seventh WHEREAS, beginning with "the Planning Director has deemed..."
3. Insert under the last WHEREAS, #2, giving the information this is based on:
Including, but not limited to the high cost of approximately $63,000;
requirement to obtain offsite right -of -way, and
the need to replace two existing poles with two or possibly three new poles.
This motion was seconded by Commissioner Reilly, and by the following roll call vote, to wit:
RESOLUTION NO. 94 -1474
A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE DETERMINING THAT AN EXCEPTION TO THE
REQUIREMENT FOR UNDERGROUNDING UTILITIES HAS OCCURRED
- 139, 141, 143, AND 145 TALLY HO ROAD
AYES: Vice Chairman Tappan, Commissioners Reilly, Keen and Carr
NOES: None
ABSENT: Commissioners Soto, Deviny and Hatchett
the foregoing Resolution was passed and adopted this 7th day of June 1994.
PLANNING COMMISSION ITEMS AND COMMENTS
Chairman Carr took back the Chair. Commissioner Soto returned to Council Chambers.
Planning Director Liberto - Blanck advised the Commission that at the last Long Range Planning
Commission meeting it was suggested by a Council Member that the Planning Commission and
the City Council consider a joint field trip to the Frederick's site. It was agreeable that a
Saturday in July (other than the 2nd of July) would be workable. Ms. Liberto - Blanck said she
would inform the City Council.
Planning Director Liberto - Blanck then informed the Commissioners that a Planning Commission
Training Workshop would be held on Saturday, October 1, 1994, from 9 A.M. to 3 P.M. She
said they hoped to have it at Grover Beach's new facility which was presently being built. She
further stated that all the Planning Directors in the County have agreed to this meeting and
hoped to get all their Planning Commissioners involved.
Chairman Carr then brought up the exception request ordinance and resolutions. He said he felt
that the ordinance was clear that the exception requests need to be formally submitted in writing
apart from the improvement plans. He further stated he felt that the ordinance could be
interpreted to allow the Public, Works Director or Planning Director or both to take the option
of bringing the exception request to the Planning Commission for concurrence. Planning
Director Liberto - Blanck responded that they are presently working on an amendment to the
ordinance which was requested by the Planning Commission to clarify this particular section.
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June 7, 1994
WRITTEN COMMUNICATIONS
Planning Director Liberto- Blanck mentioned the items of information given to each of the
Commissioners preceding the meeting, i.e. the American Planning Association, the Coastal
Connection Newsletter, and the California Planner.
ADJOURNMENT
There being no further business before the Commission, on a motion by Commissioner Reilly,
seconded by Commissioner Tappan, and unanimously carried, the meeting was adjourned at
10:15 P.M.
ATTEST:
Commission Clerk
"r4/ a/AV_
Robert W. Carr, Chairman
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