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PC Minutes 1989-10-178:4 ARROYO GRANDE PLANNING COMMISSION OCTOBER 17, 1989 The Arroyo Grande Planning Commission met in regular session with Vice Chairman Flores presiding. Present are Commissioners Soto, Moore, Gallagher, Brandy and Carr. One vacancy exists on the Commission. Also in attendance are Planning Director Liberto- Blanck, Current Planner Spierling and Attorney Ralph Prince. ELELTION OF CHAIRPERSON Vice Chairperson Flores opened nominations for Chairperson of the Planning Commission. On motion by Commissioner Soto, seconded by Commissioner Moore, and unanimously carried, Robert Carr was nominated for Chairperson. Hearing no further nominations, Vice Chairperson Flores declared the nominations closed, and announced that Robert Carr was elected Chairperson of the Planning Commission for the fiscal year 1989 -90. Chairman Carr assumed the chair. ORAL COMMUNICATIONS Terry Boe, 234 Tally Ho Road, read a letter dated October 12, 1989 opposing the James Way extension, General Plan Amendment #89 -1. PUBLIC HEARING - AMENDED PARCEL MAP CASE NO. 88 -470, JOHN R BEC E RA, 350 WALNUT STREET - THIS ITEM IS CONTINUED UNTIL NOVEMBER 7, 1989 AT THE REQUEST OF THE APPLICANT. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 89 -462, UNITED METHODIST CHURCH, 250 WESLEY STREET - KITCHEN ADDITION TO RECREATION CAMP. Current Planner Spierling advised that at the meeting of October 3, 1989 the Planning Commission reviewed this Conditional Use Permit and then continued the Public Hearing so that the Fire Department could be contacted regarding condition of _approval number six (6) dealing with re- construction of the fire hydrant. The Fire Department revised condition number six to read, "The applicant shall provide a City standard fire hydrant with a minimum of 1250 GPM flow, in a location selected by the fire department, prior to final occupancy." This condition will be less costly than the original condition but will still require an extension of the existing water main that the applicant has not budgeted for in the project. The Fire Department is quite adamant that this condition be imposed to assure fire safety in the campground. Staff Advisory Committee recommends that the Planning Commission approve this Conditional Use Permit with the findings and conditions of approval listed in the staff report dated 10/03/89. Condition number six should be modified as read and written in the Resolution for approval. Commissioner Soto advised that he would have to abstain due to conflict of interest. After being assured by the Planning Commission Clerk that Conditional Use Permit Case No. 89 -462 had been duly published and property owners notified, Chairman Carr declared the public hearing open. Jeff Dillon, architect for Methodist Campground, stated that the applicant agreed with the need for a hydrant on the west half of campground and felt that it would fit in with some future plans that they have. Hearing no further comments, Chairman Carr declared the public hearing closed. The following action was taken: RESOLUTION NO. 89 -12 4 5 A RESOLUTION OF THE PLANNING CCM*IISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 89 -462, APPLIED FOR BY THE CALIFORNIA PACIFIC CONFERENCE OF THE UNITED METHODIST CHURCH, 250 WESLEY STREET, FOR ADDITION OF NEW KITCHEN FACILITIES AND ADOPTION OF A NEGATIVE DECLARATION Arroyo Grande Planning Commission, 10 -17 -89 Page 2 On motion by Commissioner Flores, seconded by Commissioner Gallagher, and by the following roll call vote, to wit: AYES: Commissioners Flores, Moore, Gallagher, Brandy and Carmissioner Carr NOES: None ABSTAIN: Commissioner Soto ABSENT: None The foregoing resolution was adopted this 17th day of October 1989. PUBLIC LURING - CONRDITIONAL USE PERMIT CASE NO. 89 -461, PLANNED SIGN PROGRAM AND VARIANCE CASE NO. 89- 139, REQUEST TO EXCEED THE PERMITTED NUMBER AND aMJLATIVE AREA OF SIGNS ALLCWED IN THE C -2 ZONE, ARROYO TOWN & COUNTRY SQUARE (ROUND TABLE PIZZA), 1412 GRAND AVENUE. Current Planner Spierling stated that on September 5, 1989 the Planning Commission held a public hearing on this request to modify the planned sign program for the Arroyo Town and Country Square. During the September 5th meeting, the Planning Commission directed the applicant to submit a variance application along with the conditional use permit because the proposal did not meet the sign standards. The applicant has revised his plan to show a sign that is more in keeping with the character of the monument signs in the complex. Proposed sign now has stained wood faces and cabinet bottom. The lettering is proposed to be red with multicolored flags. The existing Town and Country Square sign is ivory in color. However, the monument signs for Lucky and Payless have white background with red lettering. The applicants have also suggested adding a section to the existing sign criteria for this sign plan program. In reviewing this proposal, it is necessary to review each procedure separately and in order to approve the revised plan sign program, (conditional use permit) the variance must first be approved. The variance is required for three reasons: 1. Round Table Pizza currently has 2 legal signs and a number of illegal signs. As a condition of approval the illegal signs would be removed, but with the addition of the pylon sign, Round Table Pizza would still exceed the number of signs permitted. 2. The allowed cumulative square footage of signs is exceeded by this proposal. Based on their building frontage, Round Table Pizza is allowed 37.5 square feet of signage. Existing, legal signage totals 112 square feet and the proposed sign would add another 56 square feet. 3. The sign ordinance specifically prohibits monument signs for tenants of a shopping complex. Current Planner Spierling advised that staff would like to reiterate that other merchants in this center may request similar signs if this sign is approved. Mr. Spierling further stated in order to approve the variance and conditional use permit the Planning Commission must make the following findings for approval. Variance: 1. There are exceptional circumstances applying to the subject property, including size, shape, topography, and surroundings which do not apply generally to other land, buildings or uses in the same district. Finding #1 for the variance is a generalized condition, staff was not able to came up with a specific exceptional circumstance. If this is to be approved, the Planning Commission needs to discuss this finding and make a specific finding, as to what exceptional circumstance can be found to necessitate this sign. 2. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. The granting of the variance will not, under the terms and conditions of this particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. 8'5 8:6 Arroyo Grande Planning Commission, 10 -17 -89 Page 3 4. The granting of this variance will not be contrary to the General Plan. Conditional Use Permit: 1. The proposed signs are consistent with the intent and purpose of Section 9- 4.2407 of the Zoning Ordinance as it relates to Planned Sign Programs. 2. Signs are visually compatible with the buildings they identify by utilizing materials, colors or design motif included in the building. 3. Proposed signs complement other existing or proposed signs on the site by using common design elements, such as materials, letter style,, colors, illumination, sign type or shape. 4. Signs are compatible with surrounding land uses and will not obscure adjacent conforming signs. 5. The proposed use is consistent with the General Plan's statement and intent. 6. The proposed use is consistent with the zoning designation as outl'.i.ned in the C -2 zone. 7. The site is adequate in shape or size for the proposed use, as it oan meet all the setback and parking requirements. 8. The proposed use will not have an adverse effect on the use of surrounding property. 9. The proposed use will not have a significant adverse impact on the environment, including fish, wildlife or their habitat, therefore, the planning department has drafted a negative declaration. 10. The proposed use will not be injurious or detrimental to property'and improvements in the neighborhood or the general welfare of the City. 11. The establishment, maintenance, or operation of the proposed use will-not be detrimental to the health, safety, comfort and general welfare of persons residing or working in the neighborhood of the proposed use. Upon being assured by the Planning Commission Clerk that public hearing for Conditional Use Permit Case No. 89 -461 and Variance Case No. 89 -139 had been duly published and property owners notified, Chairman Carr declared the hearing open. Saeed Keshtgar, 1150 16th Street Los Osos, applicant for the signs, spoke in favor of the signage, stating that signs were needed due to lack of visibility; customers were unable to find Round Table. Jack Stafford, 105 Burton Circle, Santa Barbara, representing ownership of the shopping center which was purchased approximately 3 months ago, stated that they are not pleased with the signage and are anxious to bring the shopping center into compliance. There being no further comments from the audience, Chairman Carr closed the public hearing. After considerable discussion the following action was taken: RESOLUTION NO. 89-1246 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE TO DENY VARIANCE, CASE NO. 89 -139, APPLIED FOR BY ROUND TABLE PIZZA LOCATED AT 1412 GRAND AVENUE. Commissioner Soto made a motion for denial of Variance Case No. 89 -139. Motion was seconded by Commissioner Moore, and by the following roll call vote, to wit: AYES: Commissioners Soto, Moore, Gallagher, Brandy and Chairman Carr NOES: Commissioner Flores ABSENT: None Arroyo Grande Planning Commission, 10 -17 -89 Page 4 On motion by Commissioner Soto to deny Conditional Use Permit Case No. 89 -461, seconded by Commissioner Clark, and by the following roll call vote, to wit: RESOLUTION NO. 89- 1247 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE TO DENY CONDITIONAL USE PERMIT CASE NO. 89- 461, APPLIED FOR BY ARROYO TOWN AND COUNTRY SQUARE (ROUND TABLE PIZZA) AT 1412 GRAND AVENUE, FORA PLANNED SIGN PROGRAM. AYES: Commissioners Flores, Soto, Moore, Gallagher, Brandy and Chairman Carr NOES: None ABSENT: None Chairman Carr advised the Variance Case can be appealed to City Council within 10 days. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 89 -481, L. E. C UIDOTrI, 251 OORBEIT CANYON ROAD, ADJUST LOT LINES BETWEEN PARCELS B AND C OF PARCEL. MAP ALAL 83 -089. Current Planner Spierling advised the application is for a lot line adjustment between lots B and C of Parcel Map 83 -089, recorded in February of 1984. If approved, this lot line adjustment would increase the size of former parcel C from 40,000 square feet to approximately 70,000 square feet. Parcel B would be decreased in size from 160,289 square feet to approximately 130,000 square feet. The RA -B3 zoning of the site requires minimum lot sizes of 40,000 square feet. This lot line adjustment meets the requirements of the zoning ordinance. Mr.' Spierling referred to one modification staff would like to make to one of the conditions of approval. Public Works Department condition of approval #5, 'states that "the applicant shall dedicate ", that should be modified to read that "the applicant is requested to dedicate ". With that revision,. the Staff Advisory Committee recommends the Planning Commission adopt the resolution approving the proposed lot line adjustment and adopting a Negative Declaration and instructing the clerk to file a Notice of Determination. Commissioner Flores stated that these two parcels came before the Planning Commission several years ago, at which time there was some concern about elevation of the parcels and also potential for flooding of Tally Ho Creek into the properties along Tally Ho Road. Since that time the properties have been built up. He inquired what has happened in the meantime to get permission to do that much fill? Current Planner Spierling stated that it has been under review by Public Works Department through grading procedures. Upon being assured by the Planning Commission Clerk that public hearing for Lot Line Adjustment Case No. 89 -481 had been duly published and property owners notified, Chairman Carr declared the hearing open. JimMcGillis, surveyor with San Luis Engineering spoke in favor of the lot line adjustment. Mr. McGillis stated that all the lot line adjustment does is move the line, and whatever is there before is there afterward. Hearing no further comments from the audience, Chairman Carr declared the hearing closed. After a short discussion the following action was taken: RESOLUTION NO. 89-1248 A RESOLUTION OF THE PLANTING CCt*1ISSICN OF THE CITY OF ARROYO GRANDE APPROVING OF LOT LINE ADJUSTMENT CASE NO. 89 -481 LOCATED AT 251 CORBET CANYON ROAD APPLIED FOR BY L. E. GUIDOTTI, ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING THE SECRETARY TO FILE A NOTICE OF Db;171 MINATION. 8:7 8'8 Arroyo Grande Planning Commission, 10 -17 -89 Page 5 On motion by Commissioner Soto, seconded by Commissioner Flores, and by the following roll call vote, to wit: AYES: Commissioners Flores, Soto, Gallagher, Brandy and Chairman Carr NOES: Commissioner Moore ABSTAIN: None the foregoing resolution was adopted this 17th day of October 1989. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 89 -455, ARCHITECTURAL REVIEW CASE NO. 89 -434, ED CHADWELL, 290 RIDGEVI W WAY. Current Planner Spierling advised that the applicant has constructed a 484 square foot second residential unit atop an existing two car garage. Second residential units have not been defined as accessory uses. Therefore, the height limits for accessory units which is 14 feet do not apply to second units:, There are 2, two car garages, therefore, adequate parking is provided on the site for the second residential unit and the existing house, since only 3 covered units are required. The second residential unit is a studio type unit, with a bathroom, a kitchen in one area and just a large open living area. The unit is accessed by a exterior stairway and a deck. The colors and materials used in the construction of this second unit match the other structures on the lot. All setbacks and building coverage requirements comply with the zoning ordinance. Staff Advisory Committee recommends Planning Commission adopt the resolution approving the project subject to findings and conditions of approval. Mr. Spierling stated staff found out, after advertizing this project, that the applicant might be out of town. If the Planning Commission does not wish to approve the project without the applicant being present, staff recommends that this item be continued unit the November 7th meeting to allow the applicant the opportunity to address the Planning Commission. After confirming that the applicant was not present, on motion by Commissioner Gallagher, seconded by Commissioner Brandy, and unanimously carried, Conditional Use Permit Case No. 89 -455 and Architectural Review Case No. 89 -434 was continued until November 7, 1989. PUBLIC HEARING - PD REZONE CASE NO. 89-217, ZONE CHANCE FROM PD PLANNED DEVELOPMENT ZONE TOR-1/PD SINGLE FAMILY RESIDENTIAL ZONE, DEVELOPMENT PLAN FOR 30 SINGLE F11MILY RESIDENTIAL LOTS. TENTATIVE TRACT 1769, TENTATIVE TRACT MAP CREATING LOTS RANGING IN SIZE FROM 6,000 SQUARE 1i 1' TO 14,000 SQUARE E1 11, FARROLL AVENUE (HERB PHILLIPS) Current Planner Spierling advised that this project site was part of the Stem Annexation that became part of the City of Arroyo Grande in 1982. This annexation included what is now the Bakeman Lane Tract and all of the property between the site under consideration and the Golden West Place subdivision. As part of the annexation process, this site was prezoned PD, Planned Development. The project site is currently cultivated and produces strawberries. The owners of the property wish to relocate their farming operations outside the residential portion of the City. In order to relocate they are selling this property and allowing it to be developed. The applicant wishes to rezone the property to R -1 /PD and create 30 single family residential lots with two small drainage basin lots for a total of 32 lots. This development will also result in the development of a section of Oak Park Boulevard and two interior streets. Lots will range in size from 6C00 square feet to 14,200 square feet. Project density is tree (3) units per acre. The Circulation Element of the General Plan for both Arroyo Grande and Grover City show Oak Park Boulevard extending through this site. The applicant has designed this section of the road so that it will align with the rest of Oak Park Boulevard when it is developed. The applicant has also provided the same street section as is being used in Grover City so that there is no difference in the road width as it crosses city boundaries. The only difference is that Arroyo Grande is requiring a six (6) foot public utility and street landscaping easement behind the sidewalk. Arroyo Grande Planning Commission, 10 -17 -89 Page 6 Within the tract, Noe Street (named for an early Arroyo Grande resident) will be a cul -de -sac that provides access to 16 residences. The cul -de -sac will be developed to City standards with a 52 foot right of way and curbs, gutters and sidewalks. The other interior street, Dixson Street (also named for an early City resident) will be fully developed along the frontages of lots 17 through 30 but will not have curb, gutter or sidewalk installed along the easterly tract boundary. It is projected that Dixson Street will be completed and extended with the future subdivision of the adjoining parcel to the east. A traffic study was conducted for the project and the traffic engineer indicated that the project would not significantly impact traffic in the area of the proposed development, however the engineer made some recommendation which are included in the conditions of approval. The traffic consultant did not look at impacts on the backbone traffic system within the City since the developer has agreed to pay a traffic mitigation fee of $2,656 per residential unit. (A condition of approval has been included to cover this measure.) A complete drainage study for this area was conducted in conjunction with the development of tract 1050 (Bakeman Lane Tract). As a result of that study it was concluded that this project would be required to provide on site ponding. The developer has done that through the use of two small drainage basins located on either side of Oak Park Boulevard at the north end of the tract. The developer wishes to dedicate these basins to the City but the Parks and Recreation and Public Works Departments do not wish to assume maintenance for these basins. Oak Park Boulevard,. which divides the site, necessitates the creation of a number of lots with double street frontages. As a condition of approval an access denial strip will be required along the lot frontages on Oak Park Boulevard and Farroll Avenue. Thus many lots will have their back yards against Oak Park Boulevard and Farroll Avenue. To provide these lots with privacy and create a sense of continuity, the developer will be required to provide fencing along these frontages as a condition of approval. Tract 1050 along Farroll Avenue and a Grover City Tract along Oak Park Boulevard, just north of The Pike, have six foot (6') high board fences with masonry or stucco pilasters at regular intervals. While six foot (6') high fencing is not normally allowed adjacent to , the public right of way, Staff feels that it is necessary in this case in order to promote consistency and privacy. Also, the PD zone allows more flexibility. Staff has also included as a condition of approval a requirement for dedication of a six foot (6') public utility and street landscaping easement behind the sidewalk. The fence will be constructed behind the easement thus the landscaping in the easement will soften the effect of the fence. Due to the agricultural history of this property, staff required that soil samples be taken to determine if any residual pesticides were in the soil. The consultant that prepared the study, Earth Systems Environmental, checked the soil for organochlorine pesticides, organophosphorous pesticides, chlorinated herbicides and triazine pesticides. Within these broad groups of pesticides such well known products as DDT, Endosulfan, Chlorodane and PCB's were tested for. The results of all these tests were negative. Staff routed copies of the report to the County Agriculture Commission and Water Quality Control Board, and no written responses were provided. The Air Pollution Control District (APCD) was contacted regarding air quality concerns with the development of this tract. The APCD felt that this project , would not have a significant effect upon air quality. The APCD did recommend that the developer provide access to the Soto Sports Complex. It is projected at some future point in time that the Soto Sports Complex will eventually . encompass the rear half of the City Maintenance Yard. There are future plans , for the Soto Sports Complex to have a baseball field, restaurant facilities, parking lot, and so forth in this general vicinity. The applicants will provide temporary access and also provide a plan for permanent access. This recommendation has been included in the conditions of approval. Arroyo Grande Planning Commission, 10 -17 -89 Page 7 The developer for this project wishes to dedicate the two lots used as drainage basins to the City. The Parks and Recreation Department does not wish to accept the lots or the maintenance thereof unless they can be tied into the Soto Sports Complex. The lot on the west definitely cannot tie into this complex, however, the Public Works Department has expressed interest in the lot as a possible well site. The lot to the east of Oak Park Boulevard could possibly tie into the Soto Sports Camplex, however, there is a substantial elevation difference that may make the tie -in not feasible. Planning Staff has drafted a condition of approval that required the Public Works Director, Parks and Recreation Director and project engineer to meet and discuss the above issues prior to recordation of, the tract map. Planning Director Liberto -Blanck advised that the City of Arroyo Grande has an existing water resource of 3492 acre -feet. Due to the General Plan Update, it is a good time to look at future water needs. We are concerned that other cities have came close to running out of water and we do not want to get to that point. Staff has prepared some preliminary numbers regarding water commitments. It appears based on existing commitments we are close to utilizing our existing water supply. Staff recommends that prior to any further large subdivisions being approved, a detailed water report be prepared and the Council adopt a city water policy. The legislative body has the authority to formulate that water policy. Staff feels strongly that we need to cane up with something at this point so that we know the direction we are going. Over the past four years Public Works Department has been monitoring the increase in water use and it has gone from 150 gallons per capita per day to 190 gallons per capita per day. That is about a 27% increase in water usage. Our recommendation is that the Planning Commission recommend the City Council formulate a city water policy that might include such things as water conservation, education and other methods to conserve "water. Staff recommends that the Planning Commission open the public hearing, take testimony but continue this item until the Council does formulate a water policy. Commissioner Flores asked why the per capita increase. Director Liberto -Blanck stated it is believed that one of the reasons for the increase is increase water consumption due to the number of large lots being landscaped. The average water usage is .78 acre feet per year, with the larger lots using anywhere from .218 acre feet per year to 2.01 acre feet per year. Upon being assured by the Planning Commission Clerk that public hearing for PD Rezone Case No. 89 -217 and Tentative Tract 1769 had been duly published and property owners notified, Chairman Carr declared the hearing open. Bill Heath, Traffic Consultant for City of Arroyo Grande, the study assumes that all 30 lots are fully built out, uses standard institute of transportation engineer rates of slightly more that 10 trips per unit, this will result in a total of 302 trips that are split along the day, with 23 occurring at AM peak hour and 30 in the PM peak hour. After discussion with Paul Karp, Public Works Director, it was mutually agreed that 75% of these trips would likely travel to the east toward Elm, and 25% of the trips westerly towards city limits. Two graphs have been prepared to indicate the impact on Farroll Road and Farroll Avenue. At the entrance to the subdivision on Oak Park as it intersects with Farroll, it is recommended that a left turn lane should be considered in the future planning for this intersection, it is also recommended that the road be centerlined, and that parking prohibited at least 50 feet back from the intersection. In summary this 30 lot subdivision creates no changes in level of service. Jim McGil lis, Surveyor with San Luis Engineering, spoke in favor of the project. Mr. McGillis reviewed the project, pointing out that this is the only segment of Oak Park Boulevard within Arroyo Grande, making this a difficult property to properly design. Mr. McGillis also gave background on the property stating it has always been R -1 land. Mrs. Chiyoko Okui, one of the land owners of this proposed project spoke in favor of the project. Mrs. Okui advised that professional pest control applicators will not spray this land anymore and that the owners have no other alternative but to sell the property and farm elsewhere. Mrs Okui advised that the property has a good underground basin of water. Arroyo Grande Planning Commission, 10 -17 -89 Page 8 Carl Kempton, Oceano, spoke in regards to pesticides on the land and requested a focused EIR under Section B in the Appendix because of public health and illness and deaths of birds and animals. Planning Director Liberto -Blanck stated that the Agricultural Commissioner reviewed complaints associated with this project and advised that they were unable to substantiate any of the complaints from South County citizens. On motion by Commissioner Moore, seconded by Commission Flores, and unanimously carried, the memorandum from the Department of Agriculture to the Board of Supervisors from Richard Greek, Agriculture Commissioner, and also the letter from Mr. Kempton requesting a focused EIR report, was entered into the records. Earl Foster, 940 Rose Court Grover City, adjacent to the project property stated he has lived there for 5 years with several animals and no illness or deaths have occurred. Mr. Foster advised his main concern is with drainage inasmuch as the lots on the project are higher in elevation than his property and also he would like to see the lots deeper and larger with greater setbacks for more privacy. Jim McGillis advised that they would be more than willing to agree to single story houses, and stated that have worked many subdivisions in the city under Paul Karp, Public Works Director, and assured that no water will leave the property and go onto the neighbors property. Hearing no further comments fram the audience for or against the proposed project, Chairman Carr declared the hearing closed. Planning Director Liberto -Blanck advised that staff recommends that the Planning Commission request a city water policy item be place on the next City Council agenda. Attorney Ralph Prince advised that the legislative body should formulate a water policy prior to approving larger subdivisions. A discussion continued on the legalities of water. Commissioner Clark discussed water and pesticides. After further discussion the following action was taken: RESOLUTION NO. 89- 1249 A RESOLUTION OF THE PLANNING O(HMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP NO. 1769 FOR CREATING LOTS RANGING IN SIZE FROM 6,000 S¢JARE FEET TO 14,000 STARE Ft'. On motion by Commissioner Soto, seconded by Commissioner Moore to approve PD Rezone Case No. 89 -217, Tentative Tract 1769 and the following roll call vote, to wit: AYES: Commissioners Soto, and Moore NOES: Commissioner Flores, Gallagher, Brandy and Chairman Carr ABSENT: None Resolution denied by lack of a majority vote. On motion by Commissioner Flores, seconded by Commissioner Soto and unanimously carried Chairman Carr was requested to submit a letter to the City Council at the next meeting requesting a urgency city water policy be formulated. PUBLIC HEARING - REVISED CONDITIONAL USE PERMIT NO. 89 -450, 444 TOYON COURT, A PROPOSAL TO CONVERT LIBRARY INTO A BAR AREA IN A GUEST HOUSE (DREW BRANDY) Commissioner Brandy indicated that he would abstain from voting on this project since he was the applicant. 9' 92 Arroyo Grande Planning Commission, 10 -17 -89 Page 9 Current Planner Spierling advised on April 18, 1989 that the Planning Commission approved Conditional Use Permit Case No. 89 -450 for a guest house. The approved plans show five (5) rooms including a room designated as a bar, however, at staff's request the applicant revised his plans to show the library. The applicant wishes to revert to the original plan and redesignate the library as a bar and install counters and a bar sink rather than the approved bookshelves. If the Planning Commission wishes to approve this amended conditional use permit, they should adopt the resolution that was handed out prior to the meeting which approves the revised conditional use permit, adopts a negative declaration and instructs the clerk to file a notice of determination. In order to adopt the resolution for approval the findings that must be made in the affirmative. After being assured by the Planning Commission Clerk that public hearing for revised Conditional Use Permit Case No. 89 -450 had been duly published and property owners notified, Chairman Carr declared the hearing open. Drew Brandy, 444 Toyon Court, advised that he is requesting this revised conditional use permit so the guest house may serve the needs of those who visit for short term, and more importantly for his father on a longer term basis. Mr. Brandy stated that the guest house is for guests and not renters. Staff has a deed restriction signed by Security Pacific Bank, himself and possibly Mayor Millis, stating that the guest house can not be used as a rental and would be a violation to do so. Planning Director Liberto -Blanck advised that a guest house does not need to have a separate garage but it also cannot have kitchen facilities. A granny unit can have a kitchen and has to have a garage. Hearing no further comments for or against the revised conditional use permit, Chairman Carr declared the hearing closed. There being no further discussion the following action was taken: RESOLUTION NO. 89 -1250 A RESOLUTION OF THE PLANNING C WISSION OF THE CITY OF ARROYO GRANDE APPROVING REVISED CONDITIONAL USE PERMIT CASE NO. 89 -450, APPLIED FOR BY DREW BRANDY LOCATED AT 444 TOYON COURT TO CONVERT LIBRARY INTO A BAR AREA IN PREVIOUSLY APPROVED GUEST HOUSE AND ADOPTING A NEGATIVE DECLARATION. On motion by Commissioner Flores, seconded Commissioner Soto, and by the following roll call vote, to wit: AYES: Commissioners Flores, Soto, Moore and Chairman Carr NOES: Commissioner Gallagher ABSTAIN: Commissioner Brandy ABSENT: None PLANNING DIRECTOR'S REPORT /DISCUSSION Planning Director Liberto -Blanck advised the Planning Commission that Mr. and Mrs. Caston's application which was a parcel map, has been appealed and will go before the City Council next tuesday. There has been a motion by the Mayor to nominate Sharon Fischer as the new Planning Commissioner. Commissioner Flores advised he will be absent at the next meeting November 7th. 1 Arroyo Grande Planning Commission, 10 -17 -89 Page 10 ADJOURNMENT: There being no further business before the Carmission, the meeting was adjourned by the Chairman at 11:05 P.M. AWES?: Ce_eAL ic41/7 Mar , 1)1 en Le'ninge C �7� Robert W. Carr mm Coission Clerk Chairman