PC Minutes 1988-12-06498
ARROYO GRANDE PLANNING COMMISSION
DECEMBER 6, 1988
The Arroyo Grande Planning Commissioners met in regular session with Chairman
Soto presiding. Present are Commissions Flores, Olsen, Moore and Gerrish.
Absent are Commissioners Boggess and Scott. Also in attendance are Planning
Director Liberto - Blanck, and Long Range Planner Bierdzinski.
MINUTE APPROVAL
Hearing no additions or corrections, the minutes of the Planning Commission
meetings of September 6, 1988, September 20, 1988 and October 4, 1988 were
approved as submitted, on motion by Commissioner Gerrish, seconded by
Commissioner Flores, and unanimously carried.
ELECTION OF OFFICERS WAS CONTINUED
This item was continued by the Chairman until a full Commission is present.
CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 88 -445, J SCOLARI /E.
C. LOOMIS, PLANNED SIGN PROGRAM FOR SCOLARI'S BROOKSIDE MARKETPLACE, ARROYO
GRANDE VILLAGE
Commissioners Boggess and Scott entered the meeting at 7:40 P.M.
Planning Director Liberto - Blanck requested that this item be continued for two
weeks, the applicants are still working on the sign program.
On a motion by Commissioner Flores, seconded by Commissioner Gerrish, and
unanimously carried, Use Permit Case No. 88 -445 was continued for two weeks as
requested by the applicant.
CONTINUED PUBLIC HEARING - PARCEL MAP CASE NO. 88 -468, DIVISION OF (REDESIGN)
3 LOTS TO CREATE 3 LOTS USING OPTIONAL DESIGN STANDARDS, MAY STREET AND CROWN
TERRACE, MERILEE PECK, SAN LUIS ENGINEERING
Planning Director Liberto - Blanck, explained that the applicant currently has
three lots - 32, 33 and 34 of the Le Point Addition. The applicant has provided
3 different alternatives and they are requesting Optional Design Standards in
order to deviate from the zoning ordinance. They want to merge and re- subdivide.
City standards require that Crown Terrace connect to May Street. The applicant
prefers not to make the connection, thus, the use of Optional Design Standards.
Using the over -head projector Mrs. Liberto - Blanck presented illustrations of
what the applicant is proposing on the project.
Alternative A - This alternative would create three lots; two lots, parcels
1 and 2 consisting of 6,000 net square feet each, and parcel 3 consisting of
9,000 net square feet. A portion of Crown Terrace /May Street would need to be
abandoned. The applicant proposes a 30 foot right -of -way, 24 feet of paving and
a 6 foot public utilities easement. The Public Works Department has requested
an additional 8 feet which would then have to be taken off of parcel 3. Because
of the deep slope in back of parcel 3 it is questionable whether a house or
building could be placed there. A condition was placed on this project that it
must be illustrated that a house can be developed with the appropriate setbacks.
The Staff Advisory Committee recommends approval of this alternative, and
Planning staff recommends a negative declaration.
Alternative B - This would provide a one - way road that would go through
the project. Three lots and only one -way traffic from Crown Terrace to May
Street. A 20 foot wide right -of --way, 12 foot wide one--way road, and a 6 foot
sidewalk. Staff Advisory Committee (SAC) feels that there is a safety problem
associated with this, and therefore, recommended denial of this alternative.
Additionally, because of the safety problem staff could not recommend a negative
declaration. No conditions of approval or findings of fact were made on this
Alternative by SAC.
Alternative C - On this alternative there would be no linkage between May
and Crown Terrace; it would remain as it is now. The Staff Advisory Committee
(SAC) recommends denial-of this alternative because of potential health and
safety issues in providing a substandard road. Due to the potential health and
safety issues, it would be difficult for staff to recommend a negative
declaration. No conditions of approval or findings of fact were made on this
Alternative by SAC.
ARROYO GRANDE PLANNING COMMISSION, 12/06/88 Page 2
Mrs. Liberto - Blanck advised that John Keisler, Parks and Recreation Director,
discovered today that an oak tree is on the site that could be significant. He
requested that staff include an additional condition, which states that the owner
should preserve oak trees and take measures to protect them.
Upon being assured by the Planning Commission Clerk that Parcel Map Case No.
88 -468, had been duly published and property owners notified, Chairman Soto
declared the hearing open.
Jim McGillis, Surveyor for San Luis Engineering, stated that Alternative C was
actually the original proposed project. Major reason for the optional design
standard is because the applicant does not want to put the road through. The
lot sizes, width, slope meet the zoning ordinance standards. Mr. McGillis states
that the applicant is not creating any substandard lots.
Leonard Lenger, representing his client (Jeff Carrithers), who owns abandoned
railroad right of way that is adjacent to May Street; Don and Dee Morse, 508 May
Street; Brian Davidson, owner of lot 30 next to the Morse residence; Carol
Fulmer, 437 Le Point; Heather Jensen, 569 May Street; Steve Holton, 520 May
Street, and Jim Schomer, 525 May Street, all spoke in favor of Alternative "C ".
The neighbors indicated that they did not want Crown Terrace to connect to May
Street because of safety reasons.
Chairman Soto closed the public hearing.
After considerable discussion, Commission Gerrish made a motion that Staff
Advisory Committee come back with findings of fact, conditions of approval and
a negative declaration to support Alternative "C ". The item was recommended to
be continued for one month. Motion seconded by Commissioner Scott with the
following roll call vote:
AYES: Commissioners Gerrish, Moore, Flores, Scott and Chairman Soto
NOES: Cohirnissioners Olsen and Boggess
ABSENT: None
CON'T'INUED PUBLIC HEARING - PARCEL MAP CASE NO. 88 -469, DIVISION CREATING THREE
LOTS FROM TWO PARCELS 289 AND 297 TALLY 110 ROAD (TIM AND MARLENE SCHLOTMAN)
Long Range Planner Bierdzinski reviewed the staff report using the overhead
projector showing the existing parcel lines. The parcels are approximately
39,000 square feet and 38,500 square feet. The three new parcels to be created
range in size from about 23,500 to 24,900. The proposal is consistent with the
City General Plan and it meets the zoning standards. Also it is consistent with
flag lots that have been created in the area. Staff is recommending the adoption
of a negative declaration and the Staff Advisory Committee is recommending that
you adopt the attached resolution approving the proposed subdivision with the
finding and subject to the listed conditions.
Upon being assured by the Planning Commission Clerk that public hearing for
Parcel Map Case No. 88 -469, had been duly published and property owners notified,
Chairman Soto declared the hearing open.
Leonard Lenger, representative for the applicants, stated they do not have any
problems with the staff report and that the applicants supported the findings.
Hearing no further comments, Chairman Soto declared the hearing closed.
After a brief discussion, the following action was taken:
RESOLUTION NO. 88 -1215
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING PARCEL MAP CASE
NO. 88 -469, 289 AND 297 'PALLY HO ROAD
(TIM & MARLENE SCHLOTMAN/BRUCE & MARGARET HENSLEY)
On a motion by Commissioner Scott, seconded by Commissioner Boggess, and by the
following roll call vote, to wit:
AYES: Commissioners Gerrish, Olsen, Moore, Boggess, Flores, Scott and
Chairman Soto
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 6th clay of December 1988.
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ARROYO GRANDE PLANNING COMMISSION, 12/06/88 Page 3
PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 88 -447 PLANNED SIGN PROGRAM,
UNOCAL CORP, 525 TRAFFIC WAY
Long Range Planner Bierdzinski advised that the applicant is applying for a
Planned Sign Program and feels that it falls under Section 9- 4.2407 of the Zoning
Ordinance. This section of the Zoning Ordinance allows a planned sign program
in order "to provide a means of flexible application of the sign regulations so
as to encourage maximum incentive and latitude in the design and display of signs
in order to achieve, not circumvent, the intent of the ordinance ".
There are currently several signs on the property; several of them are illegal
nonconforming signs. The attachment in the staff report outlines those signs.
They include one _double-faced 12' x 12' pole sign (60 feet high), two banners
attached to the pole sign, two wall signs attached to the building, three two -
sided A- frame signs, two 3' x 4'8" price signs which are attached to light poles,
and one Unocal banner that is attached to a flagpole.
The applicant is proposing to eliminate most of the signs on the property,
however, keep the existing pole sign and one of the wall signs (the one facing
Traffic Way). They propose also to add two new 3' 10" x 5' illuminated price
signs. State law requires that a gas station post gas prices so they are visible
from the roadway. The applicant realizes that there are several signs on the
property, especially the existing pole sign that is nonconforming. By strictly
enforcing the sign ordinance, the applicant would have to reduce the height of
the pole sign to 15 feet. The applicant also is in nonconformance with the Sign
Ordinance in regards to square footage that is allowed. According to the Sign
Ordinance the maximum sign area would be 89 square feet and the applicant is
proposing 350 square feet.
The Planning Commission is faced with the determination of deciding whether that
section of the Sign Ordinance which discusses Planned Sign Program allows the
flexibility to allow nonconforming signs to remain. If it does contain that
flexibility, is the 60 foot high pole sign acceptable.
The Planning Commission also needs to make a determination if the Sign Ordinance
allows the flexibility to waive the maximum sign area requirement under the
Planned Sign Program.
The applicant has indicated that he will remove all of signs that would not be
approved by the Planning Commission in order to clean up the appearance of the
property. The applicant is offering that as a trade off for being allowed to
keep the pole sign.
The proposed sign program is exempt from the requirement of CEQA.
Upon being assured by the Planning Commission Clerk that the public hearing for
Conditional Use Permit Case No. 88 -447 had been duly published and property
owners notified, Chairman Soto declared the hearing open.
Since neither the applicant, his representative nor the station owner were
preent, the public hearing was closed and comments were limited to the
Commissioners.
Commissioner Gerrish felt that the sign ordinance was being circumvented.
Chairman Soto stated he was hoping that someone would be representing Unocal so
ho could ask them about the existing signs at the station but not shown on the
map.
After more discussion, the following action was taken:
RESOLUTION NO. 88 -1216
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE DENYING CONDITIONAL USE
PERMIT CASE NO. 88 -447, FOR A PLANNED SIGN PROGRAM
APPLIED FOR BY UNOCAL CORP., 525 TRAFFIC WAY
ARROYO GRANDE PLANNING COMMISSION, 12/06/88 Page 4
On motion by Commissioner Gerrish, seconded by Commissioner Olsen, and the
following roll call vote, to wit:
AYES: Commissioners Gerrish, Olsen, Moore, Boggess, Flores, Scott
and Chairman Soto
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 6th day of December 1988.
INTERIM URGENCY ORDINANCE - R -3 ZONE AND MEDIUM HIGH DENSITY RESIDENTIAL AREAS
OF THE GENERAL PLAN
Planning Director Liberto - Blanck advised that at the last Planning Commission
meeting the Commission discussed a rezoning from R -3 to PD. At that time, the
Planning Commission felt that they could not approve the change in the R -3 zone.
Staff has received a number of telephone calls and have had people coming in with
questions about the R -3 zoning, wanting to develop in the R -3 zone. At the last
meeting the Commission discussed the possibility of not approving projects, in
the R -3 zone and Medium -High general plan designation until the general plan and
zoning ordinance were updated. The general plan and zoning ordinance proceed
by looking at the R -3 zones and Medium -High general plan designation in the City
and determine whether they were in appropriate locations. It is unfair for an
applicant to spend the time and money not knowing what can be proposed and
considered favorable in these areas. From the City's standpoint we need to be
in a position to inform people what they can do with their property within areas
and feel comfortable with that, and make sure the neighbors feel comfortable with
it. Because of that, staff sat down with the City Attorney and prepared an
urgency ordinance, per Government Code Section 65858, that allows cities to adopt
an urgency measure, which would prohibit any uses which may conflict with a
contemplated general plan or zoning proposal.
An interim urgency ordinance remains effective for 45 days from the time it
becomes adopted by the City Council. After public notice and public hearing,
the Council may extend it for 10 months and 15 days, and after that, another
year.
Ms. Liberto - Blanck pointed out that ideally, every parcel zoned R -3 should have
a general plan designation of Medium -High density. However, there are several
locations where there are discrepancies. The discrepancies include parcels along
Brisco Road zoned R -2 but with a general plan designation of medium -high density;
a parcel adjacent to Allen Street is zoned C -3 and has a general plan designation
of medium -high density; and parcels between Le Point Street and Crown Hill I.a.ve
zoning of R -1 with a general plan designation of medium -high density. The
ordinance that has been prepared covers the inconsistency, and would prohibit
building permits, architectural review, conditional use permits, land divisions,
zone changes and other discretionary actions. This would be a recommendation
to the City Council
After considerable discussion, the following action was taken:
RESOLUTION NO. 88 -1217
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, RECOMMENDING THAI' TUE CI'T'Y
COUNCIL IMPOSE A MORATORIUM ON CER'T'AIN LAND DIVISIONS,
ARCHITECTURAL REVIEW, ZONE CHANGES, BUILDING PERMITS,
OPTIONAL DESIGN STANDARD AND CONDITIONAL USE PERMITS
WITHIN AREAS DESIGNATED ON THE GENERAL PLAN FOR
MEDIUM -HIGH RESIDENTIAL (14 DWELLING UNITS PER ACRE)
AND AREAS ZONED FOR R -3 PURSUANT TO SECTION 65858
OF THE CALIFORNIA GOVERNMENT CODE.
On motion by Commissioner Moore, seconded by Commissioner Olsen, and by the
following roll call vote, to wit:
AYES: Commissioners Olsen, Moore, Boggess and Chairman Soto.
NOES: Commissioners Gerrish, Flores and Scott.
ABSENT: None
the foregoing resolution was adopted this 6th day of December, 1988.
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ARROYO GRANDE PLANNING COMMISSION, 12/06/88 Page 5
PLANNING DIRECTOR'S REPORT /DISCUSSION
Planning Director Liberto - Blanck presented the General Plan Update Newsletter,
that will be sent out to all the community groups, Chamber of Commerce and
interested parties. It describes the general plan process. Staff has indicated
that we would be more than willing to go out and make a presentation, before
groups regarding this update
The Planning Commission discussed at length the General Plan Update.
Ms. Liberto - Blanck referred to a letter included in the Planning Commission
packets regarding the Gaskill- Sankoff item involving an addition to a residence
on Cerro Vista Circle. The City Attorney has sat down and discussed the matter
with Mr. and Mrs. Gaskill and it was determined not to do anything and that the
addition was in conformance with the ordinance.
Ms. Liberto - Blanck advised that the Robert Newdoll project is going to the City
Council next'Tuesday, and Jeff Carrithers has appealed his project application
on the second unit permit at James Way and Tally Ho Road, and it will go to the
Council also.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned by the Chairman at 9:20 P.M.