PC Minutes 1990-03-0615.0
ARROYO GRANDE PLANNING COMMISSION
MARCH 6, 1990
The Arroyo Grande Planning Commission met in regular session with Chairman
Carr presiding. Present are Commissioners Flores, Soto, Moore, Brandy and
Fischer. Commissioner Gallagher is absent. Also in attendance are Planning
Director Liberto -Blanck and Current Planner Spierling.
APPROVAL OF MINUTEaS
Upon hearing no additions or corrections, the minutes of the regular
meetings of October 17, November 7, November 21 and December 5, 1989 were
approved by the Chairman as submitted.
PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 89 -454, SECOND RESIDENTIAL UNIT,
1053 ASH STREET. (TOMMY H. HASBJN /TONY JANOWITZ)
Current Planner Spierling reviewed the staff report dated March 6, 1990.
He noted that as of this date one letter has been received from an adjacent
neighbor urging the City to make sure that this project is made to observe all
the current zoning requirements.
Mr. Spierling stated that the project was reviewed by the Staff Advisory
Committee and they recommend that the Planning Commission adopt the attached
resolution of approval subject to the findings and conditions of approval listed
in the staff report dated March 6, 1990.
Upon being assured by the Commission Clerk that public hearing for
Conditional Use Permit Case No. 90 -454 had been duly published and property
owners notified, Chairman Carr declared the hearing open.
Christi Hasbun, agent for applicant, spoke in favor of the Use Permit being
granted. Tawny Hasbun, applicant, spoke in favor of the Use Permit, stating that
there are a lot of homes with carports, and there are some granny flats without
garages.
Hearing no further comments for or against the proposed Conditional Use
Permit, Chairman Carr declared the hearing closed.
In answer to Commissioner Flores' question, Mr. Spierling advised that the
ordinance requires one covered and one uncovered parking space for second
residential units. Also, in answer to Commissioner Brandy's question about
owner occupancy, Mr. Spierling advised that Condition No. 4 requires that the
applicant record a deed restriction and an agreement in accordance with the
provisions of Article 40, which requires owner occupancy of one of the units and
maximum occupancy of the second unit is restricted to two persons.
After further discussion, the following action was taken:
RESOLUTION NO. 90 -1276
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO.
89 -454, APPLIED FOR BY TOMMY HASBUN /TONY JANOWITZ,
LOCATED AT 1053 ASH STREET FOR A SECOND RESIDENTIAL
UNIT, ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING
THE SECRETARY TO FILE A NOTICE OF DETERMINATION.
On motion by Commissioner Flores, seconded by Commissioner Fischer, and by
the following roll call vote, to wit:
AYES: Commissioners Flores, Moore, Brandy, Fischer and Chairman Carr
NOES: None
ABSENT: Commissioners Soto and Gallagher
the foregoing resolution was adopted this 6th day of March 1990.
PUBLIC HEARING - PARCEL MAP CASE NO. 89 -487, 516 PLATINO LANE (RON OLSON W
ENGINEERING.)
Current Planner Spierling reviewed the staff report dated March 6, 1990.
He stated that the Staff Advisory Committee reviewed the project and recommends
that the Planning Commission adopt the draft resolution attached to the staff
report denying the project based upon water resources, unless the applicant
agrees in writing to a waiver of the time limits for processing applications.
If the applicant does agree to the time waiver, then the Staff Advisory Committee
recommends that this item be continued to the Planning Commission meeting of
April 17, 1990, at which time it is expected that a City water policy will be
available.
Mr. Spierling noted that two letters were received after the packets were
sent out opposing the project; one from Mike Miner, 316 Oro Drive, and one from
Arroyo Grande Planning Commission, 3/6/90
Lee R. Hilton, 511 Platino Lane.
Upon being assured by the Planning Commission Clerk that public hearing for
Parcel Map Case No. 89 -487 had been duly published and property owners notified,
Chairman Carr declared the hearing open.
Ron Olson, 516 Platino Lane, applicant, spoke in favor of the proposal.
Terry Orton, Westland Engineering, representing the applicant, also spoke in
favor of the project, stating they are in agreement with the recommended
conditions of approval. Jim Dotson, 801 Huasna Road, spoke in favor of the
project. He noted that the building code now requires water saving devices, and
all new plumbing now has.water saving devices.. Mr. DeCarlo, 516 Platino Lane,
stated he would not find_it.upsetting having one more house_up :there.
Commissioner Moore asked.where the drainage water will go; in the street
or downhill? .Mr. Orton stated a portion will go to the back.and a portion will
go to street.
Hearing no further comments for or against Parcel Map Case, No. 89 -487,
Chairman Carr declared the hearing closed.
- Considerable discussion followed regarding water conservation, retrofitting
and drought resistant landscaping. Planning Director Liberto -Blanck advised that
water saving devices are-defined in the Uniform Building Code. It was suggested
that the following mitigation measure be added as follows:
"The existing residence on Parcel 1 and all construction
on shall utilize fixtures and designs which
minimize water usage: Such-fixtures and designs shall
include; but are not limited to, low flow-shower heads,
water - saving toilets, instant water heaters or-hot water
recirculating systems, drip irrigation with drought
tolerant-landscaping and etcetra. CC&R's requiring-the
above shall be reviewed by the Planning Department and
recorded prior to, or concurrently with the parcel map."
After further discussion, the following action was taken:
RESOLUTION NO. 90 -1277
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE •APPROVING PARCEL MAP CASE NO. 89 -487
LOCATED AT 516 PLATING LANE APPLIED FOR BY RONALD R.
OLSON, AND ADOPTING A NEGATIVE DECLARATION
On motion by. Commissioner Flores; seconded by Chairman Carr, and by the
following roll:call vote, to-wit:' -
AYES: . Commissioners Flores, Moore and Chairman Carr
NOES Commissioners Brandy and- Fischer
ABSENT: Commissioners Gallagher and Soto
the foregoing Resolution was adopted this 6th day of March 1990.
PUBLIC HEARING - _VARIANCE CASE NO. 90 -144, VARIANCE TO ENCROACH INTO REQUIRED 20
FOOT FROIT YARD SETBACK, 510 IDE STREET (RICHARD AND - COLE N RUBEL.)
Current Planner :Spierling reviewed the-staff report -dated March 6, 1990.
As background information , :Mr. -Spierling-stated that the project site.is
Parcel 2 of Parcel Map AG -77 -195, recorded November 17, 1977. This parcel map
created four lots and stretched from Ide Street in the north to Pacific Coast
Railway Place in :the :south.: An offer of dedication for road purposes was made
so that at some Place could be extended to
Ide Street.,. - The_ offer- of• dedication varied--in-width,r from about 31 feet in
the south to 25 feet in the north. A 20 foot front building-setback line from
the offer of dedication was also shown on the parcel map. There are currently
no plans to construct-Pacific Coast•Railway,Place,.however, it is expected
that the road will be constructed with development of-the• area occupied by the
avocado orchard to the west.
He stated that on October 31,• 1989 the City Building Department issued a
building permit to the applicants to construct a single family The
Building Department had reviewed the plans, which were drawn by Mrs. Kubel,
and the setback was shown being greater than 20 feet (it was later_discovered
that the plans incorrectly represented the location of the offer-.of dedication
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Arroyo Grande Planning Commission, 3/6/90
and the front setback line). As a condition of issuance of the permit, the
applicants were required to hire a Civil Engineer or Licensed Land Surveyor to
stake thehouse footprint and verify that all minimum setbacks were met. This
is a standard condition employed by the Building Department to prevent any
encroachment into the required setbacks. The applicants hired San Luis
Engineering, who provided a verification of the setbacks to the City Building
Department. After the setbacks were verified by the engineering company,
construction progressed on the house.
As the house was being framed, a neighbor who had constructed a house on
Pacific Coast Railway Place came into the Building Department to ask why the
front setback of the house under construction did not appear to line up with
the setbacks of the other houses on the street. After a field review by the
Building Department, San Luis Engineering was contacted and asked to review
the setbacks. San Luis Engineering reviewed the setbacks and found that the
front setback was incorrect. On December 15, 1989 the Building Department
placed a "Stop Work Order" to prevent further construction of the house until
the setback was rectified, or a variance was approved.
Mr. Spierling informed the Commission-that the applicants have requested
a refund of their processing fees for the application. He pointed out that
only the City Council can authorize a refund of the application fee. Since
the City incurred costs in the processing of the application; staff is
recommending that the Commission forward the request to the Council with a
recommendation that the fees not be waived.
Mr. Spierling stated that, within the R -1 zone, the minimum front yard
setback is 20 feet without gaining special approval from the Planning
Director, and even then the setback cannot be less than 17 feet. The
applicants have poured a slab and framed a house with a minimum 11.5 foot
front setback. The minimum setback is to a portion of the house that will
became the master bedroom and bathroom. The remainder of the house, including
the garage has a setback of about 22 feet: Thus this variance will not affect
the parking for the residence.
As of this date, staff has received one letter from Brianne Donahue, 227
Railway Place, objecting to the granting of the variance, however, no reasons
for the objection are stated.
In reviewing this proposal, staff does not feel that findings can be
made for approval of this project. Specifically, there are two - findings which
staff is unable to make in the affirmative. First, staff is not aware of any
exceptions or extraordinary circumstances applicable to this property which
would necessitate the variance. The lot directly adjacent to this lot to the
south is a mirror image of this lot. The house constructed on this lot has
met the required setback. Second, staff does not believe -that the strict .
application of the R -1 zone deprives this property of privileges enjoyed by
other properties in the vicinity or same zone. Once again, the properties to
the south of this parcel are similarly sized and the homes have been built
within the required setback.
If this variance is not approved, the portion of the house lying within
the required front setback could be fairly easily removed since the house is
still in the rough framing stage. However, removal of this portion of the
house would eliminate the master bedroam and bathroom. Relocation of the
master bedroom and bath would necessitate almost complete redesign of the
house, which in turn, may result in substantial portions of the house being
removed and reconstructed.
The Staff Advisory Committee was unable to make the required findings
for approval of this variance. Therefore, it.is recommended that the Planning
Commission adopt the attached resolution denying the variance.with the
following findings for denial.
1. There are no exceptions or extraordinary circumstances applicable
to this property.
2. The strict application of the R -1 zone does not deprive such
property of privileges enjoyed by other properties in the vicinity
or same zone.
Upon being assured by the Planning Commission Clerk that public hearing
for Variance Case No. 90 -144 had been duly published and property owners
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Arroyo Grande Planning Commission, 3/6/90
notifiefd, Chairman Carr declared the hearing open.
Jim McGillis, Surveyor with San Luis Engineering, spoke in favor of the
project. He stated that the standards as shown on the plans are issued by the
City of Arroyo Grande, noting that the major reason for front setbacks is to
ensure enough room for a driveway. Coleen Kubel, applicant, spoke in favor of
the Variance. She stated the plans with_the front setback were drawn as
indicated by the Building Department. •
Terry Donahue, 227 Railway Place, read a letter dated February 3, 1990
frown Brianne Donahue, opposing the. variance. .-
Hearing -no further comments for or against the proposed Variance,
Chairman Carr declared the hearing closed.
Chairman Carr-stated that at the site, he had a difficult
time visualizing how the street look_.when built out, and he did -not have
a good feeling about it. He further:stated he would like to see this item
continued and request the applicant to return.with a detailed layout of the
existing buildings on Railroad. :Street between Ide and Allen to show how the
street would look when it is:finally_ built :out.
Commissioner-Flores stated have a difficulttime.approving this
Variance, primarily-because :he: could not : find :exceptional or. extraordinary
circumstances that would allow the Commission to :do so.
Commissioner Moore made :motion_to :.continue this item and request that
the applicant submit -a detained drawing of_ entire street between Ide and
Allen with all of the residences depicted on it. The motion was. seconded by
Chairman Carr, and was defeated by a 3 to 2 vote.
After further discussion,. the following was.taken:
- RESOLUTION NO. 90 -1278
A RESOLUTION OF THE PLANNING.O *OMISSION OF THE CITY OF
ARROYO GRANDE DENYING A VARIANCE; CASE NO. 90 -144,
APPLIED FOR BY RIC ARD ..AND .COLEEN KUBEL AT 510 - IDE
STREET, TO ENCROACH INTO REQUIRED 20_FOOT FRONT YARD
SETBACK•
On motion by Commissioner Flores, seconded by Commissioner Fischer, and
by the following roll call vote,._to wit: _
AYES: Commissioners Flores, Fischer and Brandy
NOES: Commissioner__Moore = • • -
ABSTAIN: Chairman Carr
ABSENT: Commissioners Gallagher and.Soto
the foregoing resolution was adopted this 6th day of March 1990.
REVIEW - CONDITIONAL USE PERMIT CASE•NO.. 88- 440,.'.227 BRIDGE STREET (UNITED
BROTHERHOOD OF CARPENTERS AND. JOINERS-OF AMERICA.)
Current Planner Spierling reviewed the staff report dated March 6, 1990.
He stated that on September 20, 1988, the Planning Commission approved a use
permit for union offices, a meeting hall and a carpenter's school, subject to
a review of the school's operation-after the - school was in operation for three
months. The purpose of the review was to whether-significant noise
impacts exist. No significant impacts were found, and the Planning Commission
modified the requirement to•seview the :use .permit .at one_.year-- intervals. He
advised that no complaints have been filed with the Planning-Department,
however, a petition supporting the school has been received
Upon being assured - by the Planning: Commission Clerk hearing
for review of Conditional Use Permit Case No. 88 -440 had been duly published
and property owners notified;. Chairman. Carr declared the hearing open.
Mr. Earl- Patton,--126 Nelsons_ Street , »the.applicant,
explained the union and school activities .__Jim:McGillis,- 133.Bridge Street,
stated-he is pleased to have .': Union and. - School for neighbors,
and there is no noise problem.:.-
After-a brief discussion; on motion by Commissioner Moore, seconded by
Commissioner-Flores, and unanimously :carried, that no additional action be
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taken and the use permit remain in effect, with review to take place in one
year as required in the Conditional Use Permit.
PUBLIC HEARING --RIGHT TO FADS ORDINANCE (CITY OF ARROYO GRANDE)
Planning Di- rector . Liberto -Blanck referred to a copy of a draft ordinance
attached to the staff report dated March 6, 1990. She stated staff is
recommending that the Planning Commission make a recommendation to the City
Council to adopt the ordinance. She commented that the City .wants to protect
agriculture. However, nuisance complaints from adjacent residents make it
more difficult for farmers to continue their operation. She stated that,
basically, the proposed ordinance is an attempt to promote a good neighbor
policy between agriculturalists and residents by advising purchasers and
residents of property adjacent to or near agricultural. operations of the
potential problems associated with living adjacent to farmland.
Chairman Carr stated, in his opinion,.if - the Commission recammends the
ordinance for adoption, there should be some kind of disclaimer that provides
guidance to the effect that if there is information that leads the City or
others to believe that there are health effects associated with nearby
agricultural operations, that ordinance does not exempt them from whatever
action may be necessary to alleviate the health problem.
Planning Director Liberto -Blanck stated, for :example, if the City found
that there is a hazardous situation, the ordinance would have to be amended
upon receipt of such information.
Upon being assured by the Planning Commission Clerk that public hearing
for the proposed Right to Farm Ordinance had been duly published, Chairman
Carr declared the hearing open.
Jim McGillis, 238 W. Branch Street, stated that the farming industry is
taking place, basically, on land that is not zoned for - agriculture. What he
is trying to say is "let's get this on the right level ", let's say that even
though it's a non - conforming use, that it is a conforming use, and unless you
can show you are doing harm to your neighbors, it wouldn't be shut down. He
pointed out that right now the farmers have less than the normal amount of
rights. He stated that the Okui property is zoned PD, the Kobara property is
zoned Multi - Family, and the Kaowoka property is zoned industrial, and growing
strawberries there is a non - conforming use. They would like to be on an even
plane and have the right to farm the same as if the property were zoned
agriculture.
Hearing no further comments from the audience for or against the
proposed ordinance, Chairman Carr declared the hearing closed.
After a brief discussion the following action was taken:
RESOLUTION NO. 90 -1279
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF AN ORDINANCE AMENDING CHAPTER 4 OF THE
MUNICIPAL CODE AND ADDING ARTICLE 42 ESTABLISHING A
"RIGHT TO FARM" ORDINANCE
On motion by Commissioner Fischer, seconded by Commissioner Flores, and
by the following roll call vote, to wit:
AYES: Commissioners Moore, Fischer, Brandy and Flores
NOES: None
ABSTAIN: Chairman Carr
ABSENT: Commissioners Soto and Gallagher
the foregoing resolution was adopted this 6th day of March 1990.
PUBLIC HEARING - SIGN PERMIT CASE NO. 89 -96, PLANNED SIGN PROGRAM, 610 GRAND
AVENUE (JOHN HAYASHI /CN SIGNS & GRAPHICS)
John Ashbaugh, - Planning Consultant, reviewed the staff report dated
March 6, 1990. He stated that Toyo Plaza has been in existence and occupied
for some time, but no planned sign program was ever proposed or approved for
the project. The existing signs on the building are a mixed assortment with
respect to materials, graphics, size, and location. The tenants have each
been responsible for their own signs, and they have each chosen to locate
their signs on the shingled portion of the building that overhangs the
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Arroyo Grande Planning Commission, 3/6/90
western-style arcade along the front of the building.
Mr. Ashbaugh explained that staff has interpreted the signs to be "roof
signs" that are not permitted under the terms of the sign ordinance, and the
key issue in this interpretation is whether the structure to which the signs
are to be mounted is part of the "roof" of the building, or merely a "facade"
that could more rightly be considered a wall.- He stated that the applicant
has requested the sign permit be reviewed by the Planning Commission and an
interpretation regarding "roof signs" be made.
Upon being assured by the Planning Commission Clerk that public hearing
for Sign Permit Case No. 89 -96 had been duly published and property owners
notified, Chairman Carr declared the hearing open.
Wayne Millheim, CN Signs and Graphics, stated he basically agrees with
the staff report; that there is no uniformity of signs in this center. - He
further stated, in looking at the facia, the question is, if this is a roof
structure, then where do you put the signs for the individual businesses; they
either have to be put on this facia or in the window. In summary, Mr.
Millheim stated it seems unreasonable to.classify these as a typical "roof
sign ", because of the unique facade on the -front that is tilted almost
perpendicular to the ground, and -it is really designed to hold a sign.
Hearing no further comments from the audience, Chairman Carr declared
the hearing closed.
After considerable discussion, on motion by Commissioner Flores,
seconded by Commissioner Brandy, motion carried with two "no" votes, Sign
Permit Case No..89 -96 was continued to the.meeting.of April 3, 1990, pending
submittal of a variance application.
CONTINUED PUBLIC HEARING - SIGN PERMIT CASE NO. 89 -91, PLANNED SIGN PROGRAM,
345 SO. HALCYON ROAD (AMI ARROYO GRANDE - HOSPITAL) -
Curr-ent - Planner Spierling advised that this project was continued from
the Planning Commission meeting of January 16, 1990 at the applicant's
request. He noted that the applicants are really only proposing two signs
that come under the requirements of the zoning ordinance.
AYES
NOES:
•
Mr. Spierling advised that the proposal has been reviewed by the Staff
Advisory Committee and they recommend -that the Planning Commission adopt the
draft resolution included with the staff report to approve the sign permit
with the findings and subject to the conditions of approval listed on the
resolution, with the added condition that the faces, returns -and bases of the
signs shall be.blue -grey in color, .Frazee Paint. Color No. 5014B to match the
metal panels and window frames per the approved architectural review -for the
hospital. The resolution also adopts a negative declaration, and instructs
the Secretary to file a Notice of Determination. Mr. Spierling commented
that if the applicants do propose any changes to the sign program, it would
have to came back to the Planning Commission.
Chairman Carr reopened the public hearing for public comment.
Hadley Davis, representing the applicants, spoke in favor of the sign
permit request, and briefly reviewed the colors to be uses.
Hearing no further comments for or against the proposed sign permit,
Chairman Carr declared the hearing closed.
After a brief discussion, the following action was taken:
RESOLUTION NO. 90 -1280
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE
NO. 89 -460, APPLIED FOR BY ARROYO GRANDE HOSPITAL AT
345 SO. HALCYON ROAD FOR A PLANNED SIGN PROGRAM
On motion by Commissioner Fischer, seconded by Commissioner Flores, and
by the following roll call vote, to wit:
Commissioners Flores, Moore, Brandy, Fischer and Chairman
Carr
None
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Arroyo Grande Planning Commission, 3/6/90
ABSENT: Commissioners Soto and Gallagher
the foregoing Resolution was adopted this 6th day of March 1990.
ARCHITECTURAL REVIEW CASE NO. 89- 443; - ADDITION OF A 65 SQ. FT. ENCLOSED PATIO
TO RESIDENCE IN PD ZONE, 537 BAKFMAN LANE (HAROLD AND MARY RILEY)
Mr. Ashbaugh briefly reviewed the staff report dated March 16, 1990
stating that the request is for a small addition to an existing residence, and
requires architectural review and approval because it is located within a
Planned Development zone. He described the addition as a 64.8 square foot
enclosed patio, and will have a "truelock" roof with bronze aluminum
extrusions and 2 ft. high simulated stucco kickplates.
There being no further discussion, Architectural Review Case No. 89 -443
was recommended for approval to the City Council with the findings and subject
to the conditions listed in the staff report, dated March 6, 1990, on motion
by Commissioner Fischer, seconded by Commissioner-Moore, and unanimously
carried.
ARCHITECTURAL REVIEW CASE NO. 90 -447, RETAINING WALL AND PROJECT SITE
DEVELOPMENT, 221 EAST BRANCH STREET (MARK GODFREY /THE WHITE HOUSE)
Current Planner Spierling reviewed the staff report dated March 6, 1990,
primarily discussing the three major issues related to this project.
Mr. Spierling noted that the applicants are not present at the meeting
and if the Commission wishes to deny the project, staff would recommend that
the Commission continue the matter to a time when the applicants are present
to respond to the concerns the Planning Commission may have. He noted that
the Staff Advisory Committee recommends that the Planning Commission approve
the proposed architectural review by minute motion subject to the findings and
conditions listed in the staff report.
After discussion, on motion by Commissioner Brandy, seconded by
Commissioner Moore, and unanimously carried, Architectural Review Case No. 90-
447 was continued to the meeting of April 3, 1990 when the applicants are
present.
PLANNING DIRECTOR /PLANNING C1MISSION ITEMS AND COMMENTS
Viewshed Review Permit Case 90 -17 - Planning Director Liberto -Blanck
advised that this it is for the Commission's information, and no adverse
comments were received from surrounding property owners.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned by the Chairman at 10:30 p.m. to March 19, 1990 for a special public
hearing on the General Plan. The regular meeting of March 20, 1990 was
cancelled.
ATTEST:
Pearl L. Phinney
Planning Commission Secretary
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Robert W. Carr
Chairman