PC Minutes 1990-09-04200
ARROYO GRANDE PLANNING CONRISSION,
SEPTEMBER 4, 1990
The Arroyo Grande Planning Commission met in regular session with Chairman Carr
presiding. Present are Commissioners Soto, Moore and Souza. Absent are
Commissioners Gallagher and Brandy. One vacancy exists on the Commission. Also
in attendance are Current Planner Scott Spierling, Director of Parks and
Recreation John Keisler, Chief Building Inspector John Richardson, and Assistant
City Attorney Debra Schulte.
APPROVAL OF MINUTES
On motion by Commissioner Soto, seconded by Commissioner Moore, and unaniu usly
carried, the minutes of the regular meetings of July 3, 1990, July 17, 1990 and
August 7, 1990, were approved as prepared.
PUBLIC HEARING - RICHARD ' ri i (, A REQUEST TO BUILD A NEW 1790 SQ. ET. SINGLE
FAMILY tb ELLING WITH A 720 SQ. FT. I*TACEIED GARAGE TO REPLACE OLDER SUBSTANDARD
800 SQ. FT. SINGLE FAMILY L'ELLING, 194 1/2 BRISCO ROAD
Chief Building Inspector, John Richardson reviewed the staff report of September
4, 1990. The Building Department finds that the proposed building permit is
consistent with the intent and purpose of the Urgency Ordinance and that the
proposed building permit would not prejudice the City's ability to prove for
the public health, safety or welfare of the City. The Building Department
recommends that the Planning Commission recommend to the City Council that the
building permit be issued with the findings and conditions as per the, staff
report.
Commissioner Soto questioned all the drainage going back to the street.
Upon being assured by the Commission Clerk that public hearing for applicant
Richard Teter had been duly published and property owners notified, Chairman Qarr
declared the public hearing open.
Richard Teter, 194 1/2 Brisco Road, applicant and licensed building contractor,
stated that he has shot the grades the on project and grading it out for proper
drainage to the street will be no problem.
There being no further discussion from the audience, Chairman Carr declared 1.he
public hearing closed.
After a brief discussion, an a motion by Commissioner Soto, seconded by
Commissioner Souza, and unanimously carried, the request was recommended to $e
City Council for approval with a revision to Condition No. 6 specifying tint
Public Works Department approval be given prior to issuing a building permiti
PUBLIC HEARING - CITY OF ARROYO GRANDE, AMEND EXISTING TRIO; ORDINANCE tO
ESTABLISH A TREE REMOVAL PERMIT PROCESS, REGULATE DEVELOPMENT AFFECTING EXISTEG
TREES, AND ESTABLISH A DEVELOPMENT IMPACT FEE, CITYWIDE
Parks and Recreation Director Keisler reviewed the staff report of September
1990, and a memo from Carolyn Leach, City Tree Coordinator.
Chairman Carr recommended that the Planning Commission go through the nw
ordinance page by page to determine the context. The ordinance deals mainly wits
protection of trees in new developments, landmark trees, and 20 foot buildi>I
setbacks.
Parks and Recreation Director Keisler advised that if a landmark tree is causirl
damage, the property owner can request the tree be withdraw from the landmak
tree program.
Upon being assured by the Commission Clerk that the public hearing had been dulE
published, and posted, Chairman Carr declared the public hearing open.
Ron Abeloe, 1259 Poplar Street, objected to the 20 foot setback referred to i
the ordinance.
Lee Webb, Arroyo Grande, spoke in favor of the tree ordinance, but felt it woul !
be extremely hard to enforce. Mr. Webb feels very strongly about preserving till
oak groves.
Bill Deneen, retired biologist, stated that he feels the ordinance is not stroni
enough in regards to the oaks. Mr. Deneen advised that the oak trees arm.
thousands of years old, and that San Luis Obispo County has cut down more thai,
1/2 of the oak trees in modern times.
Arroyo Grande Planning Commission, 09/04/90 Page 2
Paul Haddox, spoke in favor of saving the oaks and planting more oak trees.
Marie Cattoir, 195 Orchid Lane, stated that she did not feel the City should have
control on trees, especially avocado trees.
There being no further discussion from the audience, Chairman Carr declared the
public hearing closed.
Parks and Recreation Director Keisler stated that with the requirement of a
permit to remove a tree, it allows the Parks Department an opportunity to advise
citizens of other options in order to save trees.
After further discussion, the Planning Commission recommended modifying (redline)
the ordinance as follows:
1. Page 2, under "landmark tree" adding the word "aesthetic" to expand the
cultural definition.
2.' Page 5, Section 10 -3.7, add "Multiple Family ".
3. Page 6, (c) after Commercial, add "Multiple Family ".
4. Page 6, (f)(3) remove reference to avocado trees.
5. Page 7, (a) change "from 12 months" to "24 months after planting and
acceptance, according to the uniform planting plan approved by the
Director ".
After further discussion, the following action was taken:
RESOLUTION NO. 90- 1307
A RESOLUTION OF THE PLANNING °OMISSION OF THE CITY OF
ARROYO GRANDE RECiDING ADOPTION OF A NEGATIVE
DECLARATION AND APPROVAL TO THE CITY COUNCIL OF
AME IMENTS TO ORDINANCE NO. 333 C.S. , WHICH ESTABLISHED
A 034PRIINISIVE COMMUNITY TREE PROGRAM
On motion by Commission Soto, seconded by Commissioner Souza, and by the
following roll call vote,. to wit:
AYES: Commissioners Soto, Moore, Souza and Chairman Carr
NOES: None
ABSENT: Commissioners Gallagher and Brandy
the foregoing resolution was adopted this 4th day of September, 1990.
NON - PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 89 -453, ANNUAL REVIEW TO
DETERMINE WHETHER THERE ARE ANY PUBLIC OR SAFETY CONCERNS DUE TO THE OPERATION
OF THE LIQUOR STORE /DELI (CHARLES DOSTER /CARLEN LANDECK)
Current Planner Spierling reviewed the staff report of September 4, 1990. The
Staff Advisory Committee reviewed the project impacts on August 14, 1990, and
found no significant adverse impacts. Staff found, however, that the property
owners have not complied with condition of approval No. 9, which states:
"Signs shall be subject to sign permit requirements as specified in the
sign (zoning) ordinance."
The Staff Advisory Committee (SAC) feels that if the illegal signs are not
removed, the Planning Commission should instruct staff to schedule a public
hearing to consider revocation of Conditional Use Permit Case No. 89 -453. This
recommendation is in accordance with Section 9- 4.310 -5(b) of the zoning ordinance
which states:
"Any use permit or variance granted in accordance with the terms of
this chapter may be revoked by the Council in the manner set forth
in this section if any of the conditions or terms of such permits
are violated."
201 .
202
Arroyo Grande Planning Commission, 09/04/90 Page 3
Mr. Spierling advised the Planning Commission needs to decide whether a violation
may exist, make their findings and direct staff to take the appropriate action.
Chairman Carr allowed Mr.
hearing.
Charles Doster, 1152 10th
East Branch Street, stated .
to do so as he considers
constitutional rights.
Assistant City Attorney Debra Schulte, advised that this is an annual review and
that the time for an appeal of the conditions of approval would have been at the
time the original conditional use permit was approved, and not at this point.
After considerable discussion, on motion by Commissioner Soto, seconded by
Commissioner Souza, and unanimously carried, the Commission instructed stat:f to
set the matter for public hearing after the Planning Commission has reviewed the
proposed Development Code.
PLANNING DIRECTOR /PLANNING COMMISSION ITEMS AND COMMENTS
As a matter of information, Current Planner Spierling advised that the parcel map
for AMI - Arroyo Grande Hospital, which was approved by the Planning Commission
several weeks ago, had a condition of approval fora recreational trail /bike lane
from Woodland Drive extension to Fair Oaks Avenue. The Planning Commission
preferred that the trail be constructed with pavers (something with grass). This
was reviewed by the Parks and Recreation Director who, in the interest of public
safety, required the it be constructed of asphalt.
ADJOURNMENT
There being no further business before the Commission, the meeting way
adjourned by Chairman Carr at 10:40 P.M. to a special Planning Commission meeting
September 6, 1990 at 7 P.M.
ATTEST:
Mary Ellen Leininger
Planning Commission Clerk
Doster to speak even though this is not a public
Street, Los Osos, owner of Last Chance Liquors, 320
that he was notified to remove the signs and chose not
the City's actions an intentional violation of his
Robert W
Chairman
Carr
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