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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 1 1