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PC Minutes 1991-07-02Arroyo Grande Planning Commission July 2, 1991 The Arroyo Grande Planning Commission met in regular session with Vice Chairman Soto presiding. Present are Commissioners Souza, Gallagher, Moore and Brandy. Commissioner Boggess and Chairman Carr are absent. Also in attendance are Planning Director Doreen Liberto -Blanck and Current Planner Scott Spierling. MINUTE APPROVAL Upon. hearing no additions or corrections, the minutes of the Planning Commission meetings of =February 5, February 19, March 5, March 18, March 27, April 2 and April 16, 1991 were . approved as prepared, on motion by Commissioner Gallagher, seconded by Commissioner Souza, and unanimously carried. PROCLAMATION HONORING SANDRA BIERDZINSKI AND MARY ELLEN LEININGER Vice Chairman Soto read a Proclamation honoring past Planning Department employees Sandra Bierdzinski and Mary Ellen Leininger for their services to the community and to the citizens of Arroyo Grande, and requested that each Commissioner sign the Proclamation. CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT 90 -1 AND PLANNED DEVELOPMENT REZONE /DEVELOPMENT PLAN NO. 90-220, VISTA DEL MAR (WILMA PACIFIC). Commissioner Souza asked to be excused on this item because of a possible conflict of interest, and is now absent. Planning Director Liberto - Blanck reviewed the staff report dated July 2, 1991. She advised that the Planning Commission considered the subject projects on February 5, 1991, April 16, 1991 and may 21, 1991, and the applicants have requested continuance for several weeks. She referred to the draft resolutions included in the Commissioner's packets recommending that the City Council 1) Certify the Environmental Impact Report with language modifications; and 2) Deny General Plan Amendment 90 -01 and Planned Development Rezone 90 -220. Ms. Liberto -Blanck advised that the applicant still has some concerns on Exhibit "A ", which is an amendment to the Final Environmental Impact Report, and in particular, the applicant has some concerns about wording under No. 3, in the last sentence where it says "...even with full implementation of water conservation, the City does not have adequate resources available to satisfy projected water demand from General Plan buildout." She further advised that staff discussed this with the City Attorney and she feels that language should remain in the resolution, however, she indicated that the applicant could discuss this with her in more detail between now and the time this matter goes to the City Council. After staff's presentation, Chairman Soto re- opened the public hearing. Eric Justesen, RRM Design Group, representing the applicant, stated that the client does have some concern with the additional language to the EIR from the standpoint that it seems to be a bit conflicting. He indicated they are willing to work with the City Attorney to see if a modified version can be agreed upon, if possible. He further stated they certainly concur with the recommendation for certification of the EIR tonight. Hearing no further comments from the audience, Vice Chairman Soto closed the public hearing and limited further discussion to the Commission. Vice Chairman Soto stated that the Commission has been told for months now that even at full buildout and with full conservation measures, we probably would not have enough water for full buildout of our general plan. Commissioners Brandy and Moore commented regarding concerns on drainage. Commissioner Brandy stated, based on drainage, he does not think the document adequately address the wildlife issue. Commissioner Moore stated that the drainage has been left "up in the air ", and is relying on property acquisition. He pointed out where the water from the area runs together and collects down by the high school. stating he has seen it flood there before and it will probably flood again. 299 300 Arroyo Grande Planning Commission, 7 -2 -91 Planning Director Liberto - Blanck advised that other recommendations are for denial of the general plan amendment and the rezone, and when the applicant submits another project, it will have to have a new environmental determination, and the City would look at the drainage at that time. She explained, for example, if the applicant came in with another project, staff would look at that project and make an assessment of whether or not they could use this document, or be required to prepare an addendum; a subsequent EIR; new EIR or other documents in accordance with CEQA. After discussion, the following action was taken: RESOLUTION NO. 91- 13'// A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR GENERAL PLAN AMENDMENT 90 -1 AND PLANNED DEVELOPMENT REZONE 90 -220 (VISTA DEL MAR), AS AMENDED. On motion by Commissioner Gallagher, seconded by Vice Chairman Soto, and by the following roll call vote, to wit: AYES: Commissioners Gallagher and Vice Chairman Soto NOES: Commissioners Moore and Brandy ABSENT: Commissioners Boggess, Souza and Chairman Carr the foregoing resolution was defeated due to lack of a majority vote. Commissioner Moore pointed out that the Soils report is vague and he is not sure whether or not everyone understands the report. He stated it doesn't name the soil or describe what it is like. He also noted that there is a good geology report but a rather weak soils report. He stated it is chamise soil and that is hard to work with. Ms. Liberto - Blanck referred to the mitigation measures, stating that many of these things are required prior to the map being final. After further discussion, the following action was taken: RESOLUTION NO. 91- /31'.2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR GENERAL PLAN AMENDMENT 90 -1 AND PLANNED DEVELOPMENT REZONE 90 -220 (VISTA DEL MAR), AS AMENDED. On motion by Commissioner Gallagher, seconded by Vice Chairman Soto, and by the following roll call vote, to wit: AYES: Commissioners Gallagher, Moore, Brandy and Vice Chairman Soto NOES: None ABSENT: Commissioners Boggess, Souza and Chairman Carr the foregoing resolution was adopted this 2nd day of July 1991. RESOLUTION NO. 91- /31-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL DENY THE APPLICATIONS FOR GENERAL PLAN AMENDMENT 90 -1 AND PLANNED DEVELOPMENT REZONE 90 -220 (VISTA DEL MAR) On motion by Commissioner Gallagher, seconded by Commissioner Brandy, and by the following roll call vote, to wit: AYES: Commissioners Gallagher, Moore, Brandy and Vice Chairman Soto NOES: None Arroyo Grande Planning Commission, July 2, 1991 ABSENT: Commissioners Boggess, Souza and Chairman Carr the foregoing resolution was adopted this 2nd day of July 1991. COMMISSIONER SOUZA IS NOW PRESENT REVIEW OF DESIGN GUIDELINES Planning Director Liberto - Blanck referred to a draft copy of the Design Guidelines for the Village Area as well as the residential area of the Village. She advised that the Architectural Advisory Committee has reviewed this document and made a few changes, however, by a large, they agreed with many of the recommendations in the document. She further advised that the Design Guidelines were made possible through a grant from the National Endowment of the Arts. She asked the Commission for their input, and if they had any questions or additional information, to let staff know. A final draft will be reviewed at a later date for a recommendation to the City Council for adoption. APPEAL OF PLANNING DEPARTMENT'S DETERMINATION TO REVOKE HOME OCCUPATION PERMIT NO. 89 -29, 1164 PACIFIC POINTE WAY (RANDY MARTYN). Current Planner Spierling advised that Home Occupation Permit 89 -29 was granted to Mr. Martyn for a landscape maintenance business in April of 1989 subject to 12 conditions. On October 10, 1989 the Planning Department received a copy of a complaint that had been filed with the City against Mr. Martyn. The complaint was regarding the number of vehicles, including a storage trailer, parked if front of Mr. Martyn's residence. On October 16, 1989, the Planning Director and City Manager met with Mr. Martyn. In this meeting, and in a follow - up letter, Mr. Martyn was directed to cease parking or storing equipment at his home. In April of this year, staff received numerous complaints from two neighbors about Mr. Martyn's business, including parking a storage trailer and /or a tractor in his driveway or on the street. The complaints also indicated that Mr. Martyn was using his home address as his business address. On May 9, 1991 the Planning Department sent a certified letter to Mr. Martyn informing him that he was violating the conditions of approval of his home occupation permit. The letter indicated that Mr. Martyn had ten (10) days to remove all visible equipment and vehicles related to his business. If he failed to comply with the letter, he faced the possibility that his home occupation permit and business license would be revoked. Mr. Spierling stated that On May 20, 1991, a field inspection revealed that Mr. Martyn was still parking his storage trailer in his driveway and, on June 3, 1991, the Planning Department revoked Home Occupation Permit Number 89 -29; on June 5, 1991, Mr. Martyn's business license was also revoked. Also, on June 5, 1991, Mr. Martyn filed an appeal of the revocation of his home occupation permit. In the appeal Mr. Martyn indicated that he is storing his equipment in a different location. In a telephone conversation Mr. Martyn also indicated that he was having new checks and business cards printed without his address and was having his address deleted from the "Yellow Pages ". No equipment was seen on site inspections conducted on June 25th and 26th. Randy Martyn, 1164 Pacific Pointe Way, addressed the Commission stating he has taken care of a lot of the violations. He stated when he originally got his permit, he bought an enclosed storage trailer so that he could keep the gardening tools out of sight, and he has found a site to store his tractor. Also, he has had his home address removed from the telephone book yellow pages, his business cards and checks. He further stated that when he applied for the home occupation permit, he was led to believe that parking the utility trailer in his driveway would be acceptable. Jean Dalmont, 1163 Pacific Pointe Way, stated that this is a crowded area on small lots with narrow streets, and when the backhoe is parked on the street, she can't look out her front door. She further stated that Mr. Martyn has full time employees coming to his home. Howard Ricking 1180 Pacific Pointe Way, stated he agrees with Ms. Dalmont and he is tired of looking down the street and seeing a truck with a backhoe sitting at his front door. 3 301 3 0 Arroyo Grande Planning Commission, July 2, 1991 After further discussion, on motion by Commissioner Gallagher, seconded by Commissioner Moore, and unanimously carried, the Planning Commission upheld the Planning Director's decision to revoke Home Occupation Permit No. 89 -29. Mr. Spierling advised that the Commission's decision can be appealed to the City Council by filing an appeal with the City Clerk within 10 days. PLANNING DIRECTOR /PLANNING COMMISSION ITEMS AND COMMENTS Planning Director Liberto - Blanck briefly reviewed County projects in the Arroyo Grande fringe area and the appeals filed by the City. She advised that the County is working on development standards for the fringe area and is aware of the City's concerns regarding traffic, drainage, etc. We hope to work with County staff on the development standards in order to agree on certain standards and conditions up front to avoid City and County staff spending so much time on each project. She advised that City staff will continue to monitor County projects. ADJOURNMENT There being no further discussion before the Commission, the meeting was adjourned at 8:55 p.m. on motion by Commissioner Moore, seconded by Commissioner Gallagher, and unanimously carried. Pearl L. Phinney, Secretary J Joh ' oto, ice Chairman 4