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PC Minutes 1990-11-06Arroyo Grande Planning Commission November 6, 1990 The Arroyo Grande Planning Commission met in regular session with Chairman Carr presiding. Present are Commissioners Brandy, Gallagher, Souza and Boggess. Commissioners Moore and Soto are absent. Also in attendance are Planning Director Liberto - Blanck, Current Planner Scott Spierling, City Attorney Judy Skousen, and Chief Building Inspector John Richardson. MINUTE APPROVAL Upon hearing no additions or corrections, on motion by Corrrnissioner Gallagher, seconded by Commissioner Boggess, and unanimously carried, the minutes of the regular meeting. of October 2, 1990 were approved as. submitted. ORAL COMMUNICATIONS Tony Orefice, RMO Architects, representing Dr. T. G. Gjerdrum, requested that the Commission consider a proposed modification of a condition of approval regarding Architectural Review Case 89 -440 for a medical office building at 354 So. Halcyon Road. Commissioner Boggess stated he.was not -on the Commission in May when this :item was approved. City Attorney Skousen advised the Commission that a four- .fifths vote of-the Commission .is. needed to place the on the agenda, and there are not enough Comnissioners present to put . this on the agenda. Chairman Carr stated that the Commission cannot act -on - this request tonight and that. the matter could be- placed on -the November 20th.agenda. PUBLIC HEARING (CONT.) - -CONDITIONAL USE PERMIT CASE NO. 90- 478 /ARCHITECTURAL REVIEW CASE:N0.•.90- 462, SECOND RESIDENTIAL UNIT AND :FARM OFFICE OVER EXISTING GARAGE, .801 HUASNA ROAD JAMES . P... DOTSON . ; = .. . _Current_Planner Spierling reviewed; the staff report dated November 6, 1990. He advised_ that this project_ was continued from the Planning Commission meeting of October 2., 1990- to allow-..staff : :to . discuss: issues - raised. -by the. Planning Commission with the City Attorney.. Also, the Planning Commission requested that staff review _the required findings for the project and develop possible findings for approval and denial of the project. _ . Mr._Spierling stated that conditions of approval.have been added to the project to meet specific FireDepartment .development.requirements, and the Staff Advisory_ Committee - recommends- that--the Planning Commission: adopt-the draft resolution attached to the_staff report, adopting a. negative declaration and approving _Conditional Use. Permit Case_ :No.. 90 =.478 .subject to .the findings and conditions of .approval.. _ l.isted._in. the .staff report-dated November 6,. 1990, and approve by minute motion Architectural Review Case No..: -90 -462. __Chairman Carr re- opened_the public hearing to give the applicant a chance to submit additional_ :information_and for the_general public to give additional information that was not provided in the testimony at the public hearing held on October_2, 1990._.. _ .: _ -- . ___ __ ..- -- - . _ _ _ . Evadene Dotson, 801 Huasna Road, read a letter addressed to the Commission, dated_Novernber._4, _.1990, ..signed by :James. P. and .Evadene Dotson, .requesting that the: Planning Commissionapprove .the_..Conditional_Use.Permit and Architectural Review, noting that the request -is.an authori.zed•use -and has.met all zoning and building standards. John Malony, 253 Oro Drive; Mike Rohla, 423 Platino; Mr. Bishop; .7.99 Huasna.Road;_ Sharon_Olson, 516 Platino Lane; and•Mar-y Miller, 270 Oro Drive, _spoke in favor_ of . the_project,. stating:_they like the agricultural use on the property.. _Ron. Olson, .516- .Platino..Lane,-.s.tated if Mr.- Dotson did do• something illegal in the precess, then he could be fined,.but..should not.be forced to remove the structure. Roy Moser, 259 Oakley Court; Mr. Bernstein, 255 Oakwood;Court; Elizabeth Bernstein, 255 Oakwood Court; Mr. Don Robinson, 250 Oakwood Court; and Jane Sullivan,_263 Tempus Circle, spoke_in.opposition -to the project, citing excessive traffic; -loss of :viewshed, -and noise - problems. .- • - _ : Jim Dotson,: applicant, -spoke in= favor of approval of the project. He apologized for the noise and stated that his construction operation does not work out _of this property,: _and_: the -project will not-create any more traffic than what is there . now._ . _ _ . . . Shauna. Sullivan, _Attorney - representing: the applicant; stated the project conforms with the zoning requirements and, in her opinion, the miission has no basis for denial of the permit at this time, and that the law is quite clear that the basis for such denial must be._health and-safety requirements. Also, she stated that as far as the conditions of approval attached to the permit, it is her feeling that these would not be required of a single family residence, such as the requirement .that the _residence be hooked up to the sewer and the requirement for_ sprinklers.. She concluded it is her feeling that denial of the 221> 222 Arroyo Grande Planning Commission, 11 -6 -90 2 permit at this time would be an arbitrary and capricious act, and urged the Commission to grant the permit. Hearing no further comments for or against the proposed conditional use permit, Chairman Carr declared the hearing closed. City Attorney Judy Skousen advised that the Commission can condition a project for aesthetic purposes only, however, when a building is already constructed, very strong reasons are necessary to tear a building down. This case may be weak; it is always stronger to tie it to health and safety reasons. She further stated that the amount of construction completed and the cost of removing the structure is very relevant. Chief Building Official John Richardson stated that at this point the structure is a shell that looks complete from the exterior, however, there is no wiring and no sheetrock in the interior. Commissioner Souza stated the matter involves the fact that the applicant built the second story without having the proper permits, and he could not support that action. Commissioner Gallagher stated that in lieu of a Code Enforcement Officer for the City of Arroyo Grande, the Commission has the task of monitoring compliance and, in his opinion, going through the process of getting prior permission and prior approval of a project was ignored. Commissioner Boggess stated his concern about the City Attorney's comments regarding this being a weak case if it should go to litigation because of denial. Commissioner Brandy stated it is his feeling that it is the Commission's job to vote on issues as they see it, and if the matter does go to court, let it stand on its own merits. Chairman Carr stated his feelings are if.this matter had came to the staff for a Viewshed Review Permit as it should have, a different way to do it would have been suggested. Also, he feels that in the past the Commission has gone along with these kinds of permits and may be sending out the wrong signals. For those reasons he would support a motion for denial and trusts it would be elevated to the City Council and alert theme of these problems. In answer to the Commission's question as to the cost involved in removing the top half of the structure, Mr. Richardson estimated this to be 30 to 40% of the building which might equate in materials to somewhere between $5,000 and $10,000, however, some of the materials might be salvaged. Mr. Dotson responded by stating that the tile roof will be lost and the cost to remove this part of the structure would be between $12,000 to $20,000. Mrs. Dotson stated if the unit is torn down, they will have to find alternative .housing for family members that were going to move in there. Staff suggested four findings for denial of the Conditional Use Permit in addition to the two findings listed in the draft resolution. After further discussion, the following action was taken, with the findings listed below: 1. Building of the proposed use was commenced without a building permit and without a Conditional Use Permit in violation of the City's Municipal Code and in violation of the Uniform Building Code. 2. If the appropriate permits had been applied for as required by law, the project would have been conditioned to require placement in a different location to allow the applicant full use of his property but still. respect the views of existing development. 3. Applicant is not precluded from applying for this use in a better location on his property. 4. The proposed use is not consistent with Policy 7.2 of the General Plan Land Use Element because it does not respect views of existing development. In particular, Implementation Actions {d) of Policy 7.2 require that new developments be designed so as to respect the views of existing, development. If the project had been reviewed prior to construction, alternative locations on the 8 acre site would have been reviewed in order to comply with the provisions of the General Plan. 5. The proposed use will have an adverse effect on the use of surrounding property because of the reduction of views. RESOLUTION NO. 90 -1312 A RESOLUTION OF THE PLANNING COlMISSION OF THE CITY OF ARROYO GRANDE DENYING CONDITIONAL USE PERMIT CASE NO. 90 -478, APPLIED FOR BY JAMES P. DOTSON, 801 HUAS A ROAD, Arroyo Grande Planning Commission, 11 -6 -90 3 TO LEGITIMIZE A PARTIALLY CONSTRUCTED 630 SQUARE FOOT SECOND RESIDENTIAL UNIT AND FARM OFFICE ATOP A GARAGE. On motion by Commissioner Gallagher, seconded by Commissioner Brandy, and by the following roll call vote, to wit: - AYES: Commissioners Brandy, Gallagher, Souza and Chairman Carr NOES: Commmissioner Boggess ABSENT: Commissioners Moore -and Soto the foregoing Resolution was adopted this 6th day of November 1990. Planning Director Liberto -Blanck advised that the Ca miission's denial can be appealed to the City Council within ten (10) days. Architectural Review Case No. 90 -462. On motion by Commissioner Gallagher, seconded by Commissioner Brandy, and unanimously carried, Architectural Review Case No. 90 -462 was denied-based the fact that the Conditional Use Permit was denied, and the above-findings. -- PUBLIC HEARING - VARIANCE CASE NO. 90- 150, VARIANCE TO RAISE EXISTING WALL ALONG HUASNA ROAD TO SIX (6') rIzT IN HEIGHT, 169 AND 167 VARD.LOOMIS COURT, 1126 AND 1127 VARD LOOMIS LANE, AND 119 AND 104 IKEDA WAY (RICHARD A. LOEW. Current Planner Spierling reviewed the staff report dated November 6, 1990. He stated that as part of the development of the Sunny Gardens Tract a wall was constructed along Huasna Road four feet behind the sidewalk. The wall ranges in height from just under three feet to slightly over four feet and is constructed of slump stone. Most of the homes-with yards adjacent -to Huasna Road are - several feet lower than Huasna Road, and because of this difference in elevation and the height of the existing wall, the yards and houses are visible from the adjacent street and sidewalk, and this creates a noticeable lack of privacy for these homes. Mr. Spierling pointed out that earlier this year the Planning Commission approved a variance for wall height for Tract 555 located across the street from this subdivision. The applicant requested a six foot high wall for privacy and noise attenuation for the houses with side or rear-yards adjacent to Huasna Road. Mr. Spierling further stated that the application has been reviewed by the Staff Advisory Committee and they recommend that the Planning Commission adopt the attached resolution which approves the variance, adopts a negative declaration and instructs the-secretary to file a Notice of Determination. Upon being assured by the Planning Commission Secretary that public hearing for Variance Case No. 90- 150-had been duly published and property owners notified, Chairman Carr declared the hearing open. - Mr. Richard Loew, representing the homeowners requesting the Variance, spoke in favor of the variance being granted. He referred to Condition of Approval #7 requiring that the wall be designed by a structural or civil engineer. -He requested that this condition be eliminated because of the costs involved. Mr. Spierling-stated- that the requirement for engineering design of a 6 foot block wall is required -by the Construction - Standards for -the.City of Arroyo Grande. He also stated that-the Building Inspector has - looked at the existing wall in the past and is concerned -that the footings may not be adequate. Chris Levett, 1126 Vard Loomis Lane, stated they had talked to an engineer about raising the wall and were - advised-there would be no problem at all. After further discussion, the Commission-agreed to continue the public hearing to enable the applicants to work with staff and perhaps -revise their application for some other design. On motion by Commissioner Gallagher, seconded by Commissioner Souza, and unanimously carried, Variance Case No. 90- 150 continued to the Planning Commission meeting of December 4 -, 1990. • • - - PUBLIC HEARING - REVERSION TO ACREAGE CASE NO. 90 -494, 100 BARNEiT STREET (GRAND CENTRAL STATION.) - Current Planner Spierling reviewed the staff report dated September 6, 1990. He stated that on November 7, 1989 the Planning Commission approved a conditional use permit and architectural review for this project, which consisted of a 15,959 sq. ft. retail shopping center with an under- building parking structure. As construction plans were being drafted it was discovered that the site, which was thought to be one parcel, was actually three parcels, one of which was not owned by the developers, however, they have since purchased that parcel. When the Building Department found that three parcels were involved in 22.3; 224: Arroyo Grande Planning Commission, 11 -6 -90 4 the development, the applicant was directed to ascertain whether the building crossed any of the -lot lines, and it was determined that the building did cross lot lines. The Zoning Ordinance requires that whenever a permanent structure is constructed.across_the property lines dividing two or more parcels, all lots or parcels upon which the structure is erected shall be combined into one parcel. Mr. Spierling referred to .the recomnnended conditions of approval under "Planning Department Conditions ", stating staff is recommending deletion of Condition #5 requiring that all utilities be undergrounded along Barnett Street. Upon being assured by the Planning Commission Secretary that public hearing for Reversion to Acreage Case No. 90 -494 had been duly published and property owners notified, Chairman Carr declared the hearing open. David Main, EDA, representing Grand Central Station Partnership, stated they are agreeable with the Conditions of Approval as amended. With regard to Condition #6,.Mr. Main pointed out that the sign will be removed as a part of the engineer drawings for road improvements. Current Planner Spierling suggested modifying Condition #6 as follows: "Prior to recordation of the final reversion to acreage map, the applicant shall remove the non- conforming pole sign(s) located near the northern frontage of the property, as necessary for roadway improvements." Hearing no further comments for or against the proposal, Chairman Carr declared the hearing closed. After a brief discussion the following action was taken: RESOLUTION NO. 90 -1313 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, APPROVING REVERSION TO ACREAGE CASE NO. 90 -494 APPLIED FOR BY GRAND CENTRAL STATION, A CALIFORNIA GENERAL PARTNERSHIP, AT 100 BARNEZT STREET, AND INSTRUCTING THE SECRETARY ARY TO FILE A NOTICE OF DE.TERMINATIOI. On motion by Commissioner Gallagher, seconded by Commissioner Souza, and by the following roll call vote, to wit: AYES: Commissioners Brandy, .Gallagher, Souza, Boggess and Chairman Carr NOES: None ABSENT: Commissioners Moore and Soto the foregoing Resolution was adopted this 6th day of November 1990. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 90 -493, VARIANCE CASE NO. 90 -151 AND ARCHITECTURAL REVIESWT CASE NO. 90 -453, 1156 GRAND AVENUE (PEDIATRICS ASSOCIATES (THE PEPRA GROUP.) Current Planner Spierling reviewed the staff report dated November 6, 1990. He stated that the plans were reviewed by the Architectural Advisory Committee and discussed at some length, which resulted in some conditions being added to the project by that Committee. He further stated that the lot line adjustment is fairly minor and would result in increasing the size of lot 2 by 4900 square feet, while reducing Lot 3 by the same amount. Lot 2 will be 17,598 square feet in area, and Parcel 3 will be 21,811 square feet. Both lot sizes exceed the minimum lot size in the Zoning Ordinance which is 10,000 square feet. Mr. Spierling pointed out that conditions of approval have been added requiring that the easement for access and public utilities be extended to assure that adequate access would be provided. The Architectural Advisory Committee and the Staff Advisory Committee recommend that the Planning Commission adopt the Resolution approving the Lot Line Adjustment and the resolution approving the Variance, subject to the findings and conditions of approval, and approve Architectural Review Case No. 90 -453 subject to the findings and conditions of approval listed in the staff report dated November 6, 1990. Upon being assured by the Planning Commission Secretary that public hearing for Lot Line Adjustment Case No. 90 -493 and Variance Case No. 90 -151 had been duly published and property owners notified, Chairman Carr declared the hearing open. John Mack, Architect with RRM Design Group, representing the applicant, stated they agree with all of the recommended conditions. Arroyo Grande Planning Commission, 11 -6 -90 5 There being no further comments from the audience, Chairman Carr declared the hearing closed. After a brief discussion the following action was taken: ATTEST: RESOLUTION NO. 90 -1314 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUS MENT CASE NO. 90- 493 LOCATED AT 1156 GRAND AVENUE APPLIED FOR BY PEDIATRICS ASSOCIATES. On motion by Commissioner Gallagher, seconded by Commissioner Boggess, and by the following roll call vote, to wit: AYES: Commissioners Brandy, Souza, Gallagher, Boggess and Chairman Carr NOES: None ABSENT: Commissioners Moore and Soto the foregoing Resolution was adopted this 6th day of November 1990. RESOLUTION NO. 90 -1315 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 90 -151, APPLIED FOR BY PEDIATRICS ASSOCIATES, LOCATED AT 1156 GRAND AVENUE, ALLOWING THE HEIGHT OF FENCES AND WALLS TO EXCEED SIX (6) k'iwi', AND ADOPTING A NEGATIVE DECLARATION. On motion by Commissioner Gallagher, seconded by Commissioner Souza, and by the following roll call vote, to wit: AYES: Commissioners Brandy, Gallagher, Souza, Boggess and Chairman Carr NOES: None ABSENT: Commissioners Moore and Soto the foregoing Resolution was adopted this 6th day of November 1990. On motion by Commissioner Gallagher, seconded by Commissioner Brandy, and unanimously carried, Architectural Review Case No. 90 -453 was approved subject to the findings and conditions listed in the staff report dated November 6, 1990. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned by the Chairman at 10:05 P.M. Pearl L. Phinney, Secretary Robert W. Carr, Chairman 225