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PC Minutes 1986-05-06264 ARROYO GRANDE PLANNING COMIVILLSSION May 6, 1986 The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Moore, Olsen, Flores, Boggess and Carr. Commissioner Soto is absent. Planning Director Eisner is also in attendance. MINUTE APPROVAL Hearing no additions or corrections, the minutes of the regular meeting of April 15, 1986 were approved by the Chairman as prepared. REVIEW - SIGN SUBMITTAL, "ALLSTATE ", 1277 GRAND AVENUE. (C24 SIGNS AND GRAPHICS). Planning Director Eisner referred to a drawing of the proposed sign, stating that the sign is to go above an existing sign which deals with another business on the property at . 1277 Grand Avenue. After review, the sign submittal was approved on motion by Commissioner Flores, seconded by Commissioner Moore, and - unanimously carried. • ARCIIITEC;1'URAL REVIEW CASE 140. 86 -363, MONUMENT SIGN, 1126 GRAND AVENUE. (PIZZA HUT, INC.) Planning Director Eisner advised the request is for an additional sign for the Pizza Hut Restaurant. He pointed out that the existing pedestal sign has been partially blocked by the new office building directly east of the property. The applicant is requesting a permit to install an additional single faced monument sign, and has agreed to convert the existing double faced sign into a single faced sign. Mr. Eisner advised that the proposal has been reviewed by the Staff Advisory Cormnttee and is recommended for approval. After a brief discussion, Architectural Review Case No. 86 -363 was approved on motion by Commissioner Carr, seconded by Commissioner Flores, and unanimously carried. REQUIT FOR EXTENSION OF TENTATIVE TRACT MAP NO. 555, UNITS 5 AND 6, "OAHC T ", STAGECOACH ROAD. (OAKC ESST ASSOCIATES). Planning Director Eisner advised that he received a verbal request from the applicant asldng that this matter be pulled from the agenda to allow him to make some phase changes, with resubmission being made probably within a month. Hearing no objections to the request to pull the item ,from the agenda, Chairman Gerrish announced that the request for tentative map extension-is being withdrawn from the agenda. PUBLIC HEARING - LOT SPLIT CASE NO. 86 -427 (RESUBMITTAL) - HIGHWAY 227, BETWEEN PASEO STREET AND CCORBETT CANYON ROAD. (SAN LUIS ENGINEERING, AGENTS FOR L. E. GUIDOT7I). Planning Director Eisner reviewed that this is a resubmission of a lot split application originally heard by the Planning Commission and denied. He stated that the map has been reviewed a second time by the Staff Advisory Committee and the recommended conditions are listed in the staff report, dated May 6, 1986. Mr. Eisner referred to a letter, dated April 3, 1986 from the City Manager to San Luis .Engineering, and read a letter, dated March 25, 1986 from San Luis Engineering to Mr. Mack. The correspondence discusses reservation of land for easments along the creek. Upon being assured by the Planning Secretary that public hearing for Lot Split Case No. 86 -427 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. Jim McGillis, Surveyor with San Luis Engineering, spoke representing the applicant. He stated that much of the discussion in the correspondence related to what should be done with the creek. Mr. Mack's letter stated they would ask for an easement from 10 ft. back of the creek bank and would include that in the area of the lot. One of the other items discussed was the access. Mr. McGillis stated they have the Cal Trans approved access to the parcels. With regard to the sidewalk and split rail fence across the property, Mr. McGillis stated that the applicant would ask for relief of that condition. He stated another requirement that causes concern is the requirement for curb and gutter along Highway 227. He pointed out that Wildwood Ranch went in without curb and gutter and he doesn't see the necessity for curb, gutter and sidewalk along this property; Wildwood Ranch has 1 unit per acre, the same as proposed for this development. Mr. McGillis asked for the Commission's consideration to delete the requirement from putting in sidewalks and the fence along the back of the property, and from installation of curb, gutter and sidewalks along Highway 227. In answer to Commissioner Flores' question about the sidewalk, Mr. Eisner stated that the idea is to eventually have the easement developed into a linear park. Commissioner Boggess inquired as to the purpose of the driveway coming in to serve Parcel 5. Mr. McGillis advised that Parcel 5 is not a part of this subdivision and that driveway serves only that parcel. Hearing no further comments from the audience, Chairman Gerrish declared the hearing closed. Arroyo Grande Harming Qmri ion, 5-6-86 Page 2 Commissioner Moore referred to Requirement No. 5 regarding drainage, stating he doesn't see anything that is going to solve the flooding on Tally Ho Road. He noted that the proposed lots are one foot higher than the lots on the north side and stated, in his opinion, sooner or later there will be flooding on the north side of the creek, and then the City of Arroyo Grande would be open to liability. He stated he doesn't see any flood control being proposed. Commissioner Olsen stated she agrees with Commissioner Moore; it is a natural phenomenom and, if approved, the City would be aiding and abetting potential flooding. Commissioner Boggess commented with regard to the walkway behind the homes, stating he wondered how the homeowners would take to that; if they would consider it to be an invasion of privacy. Planning Director Eisner advised that in other communities, such walkways have proven to be an asset rather than an invasion of privacy; it becomes an extension of the private yard space into the walkways. Mr. McGillis pointed out that the property is in the "RA -B3" district and people are allowed to have animals and, in his opinion, the split rail fencing and sidewalk would not be acceptable to the people, that would want to keep animals. Mr. McGillis referred to Condition No. 1 and inquired the reasoning for the dedication along Highway 227. He stated that the 2 ft. widening strip, in his opinion, is useless and is not really needed; all it does is to confuse the issue as to the size of the lots. He noted that the strip will probably never be improved and there was no widening strip required on the property across the street on the Wildwood property. Commissioner Corr stated his feelings are that the City should take the opportunity where possible to preserve the greenbelts along the creeks in Arroyo Grande and, since no development has taken place on this property, it should be set aside now. Chairman Gerrish stated he agrees about the greenbelt, however, there is a fairly dense situation over on Tally Ho Road, and he would like to have some input from those people. Commissioner Flores stated he is concerned with the issue of the potential for flooding into the Tally Ho Road area and, in his opinion, the way it has been leveled almost guarantees that a flooding problem will occur. Commissioner Carr stated his feelings that the grading they have done was designed to acconmmodate the runoff. Commissioner Moore stated that is only a temporary measure until the willows grow up and the mud builds up again. In answer to Chairman Gerrish's question regarding maintenance of the easement, Mr. McGillis stated that the City would be assuming liability and maintenance for the easement as stated in Mr. Mack's letter. After further discussion, Commissioner Carr moved to approved Lot Split Case No. 86- 427 with the conditions as recommended in the staff report, amending Condition No. 2 under "Parks and Recreation Department" to include Lot No. 4. Motion seconded by Commissioner Boggess. Motion denied by a 4 to 2 vote. Commissioner Moore moved that Lot Split Case No. 86 -427 be denied. Motion seconded by Commissioner Olsen. Due to a split vote, no action was taken on the above motion. After additional discussion, on motion by Commissioner Olsen, seconded by Commissioner Moore, and carried on a 5 to 1 vote, Lot Split Case No. 86 -427 was denied. Reasons given for the denial were the potential flooding problems and the ambiguity of the drainage mitigating measures. PUBLIC HEARING - VARIANCE CASE NO. 86 -103, REDUCTION OF REQUIRED MINIMUM LOT LINE DIMENSIONS, 1071 FARROLL AVENUE IN THE "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT. (WILLIAM W. MARVOS). Planning Director Eisner advised that the request is for a lot split that would create two parcels; Parcel A - 7,012 sq. ft. (80'.6" x 87'.O"), and Parcel B - 6,000 sq. ft. (80'.6" x 75%0"). Each lot meets the minimum area requirement set forth in the Zoning Ordinance, however the lot dimensions require that each lot be no less than 60' wide and no less than 90' deep. In order for the Planning Commission to approve the requested lot split, they must approve this Variance application to allow an exception to the minimum depth requirements of the ordinance. Mr. Eisner further pointed out that in order to grant the Variance, the Commission would have to make the following four findings: 1. That the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. 265 266 Arroyo Grande Planning Cten ission, 5 -6-86 2. That because special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter (9- 4.3103) is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 3. That the granting of the Variance will not be contrary to the intent of this chapter or to the public safety, health and welfare.. 4. That due to special conditions or exceptional characteristics of the property or its location, the strict application of the provisions of this chapter would result in difficulties and unnecessary hardship. Upon being assured by the Planning Commission Secretary that public hearing for Variance Case No. 86 -103 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. William Marvos, 1071 Farroll Avenue, applicant, spoke in favor of the Variance being granted. He advised that the proposed lot would have access off of Farroll Avenue. He further advised he would be willing to raise the lot level to meet the height of the other lot. Mr. Marvos noted that he has been unable to find any deed restriction relative to the condition that there shall be no further division of these Jots until served by a public right of way, however, he feels that by putting the proposed lot to the front will meet that condition. Mr. Marvos stated there are four houses being served by a private driveway owned by a woman that lives in Taft. Right of way was given to Lots 2, 3 and 4, and his lot was supposed to have access off of Farroll Avenue, however, the way his property is developed, he cannot use that access. He further stated he has contacted the property owner and is in the process of getting legal access to the private driveway. Hearing no further comments from the audience for or against the proposed Variance, Chairman Gerrish declared the hearing closed. Chairman Gerrish stated he was a member of the Commission when the development was originally approved, and he recalled the situation at that time was the developer could have had more density on the property if he had put a City street in, however, he opted not to do this and that was the reason for the deed restriction. There was some discussion that if this request is granted, there would be no incentive, if a street is constructed in the future, for the property owner to participate in that construction. Planning Director Eisner stated there are two issues before the Commission; 1) do you want to create a lot that is substandard in depth, and 2) can the Commission override the condition that was placed on the map when it was originally recorded. After further discussion, the following action was taken: RESOLUTION NO. 86 -1083. Page 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 86 -103, APPLIED FOR BY WILLIAM MARVOS AT 1071 FARROLL AVENUE. On emotion by Commissioner Carr,, seconded by Commissioner Flores, and by the following roll call vote, to wit: AYES: Commissioners Moore, Flores, Boggess, Carr and Chairman Gerrish NOES: Cbrmn issioner Olsen ABSENT: Commissioner Soto the foregoing Resolution was adopted this 6th day of May 1986. Lot Split Case No. 86 -423. Commissioner Carr moved to continue the lot split to the next meeting of May 20, 1986, and directed staff to develop appropriate conditions, including the issue of legal access being shown prior to recordation of the final map, and that the property owner be required to participate in any future street development of the easement. Motion seconded by Commissioner Flores, and unanimously carried. USE PERMIT CASE NO. 86 -409, MEDICAL OFFICES, 1057 GRAND AVENUE IN THE "C-2" GENERAL CX)MMERCIAL DISTRICT. (JAMES DORR, MB.). Planning Director Eisner advised the request for an out - patient care facility to be located at 1057 Grand Avenue in the Fair Oaks Pharmacy/Riley's shopping center. It is an existing building with an existing parking lot and sufficient parking spaces to serve the needs of all of the uses in accordance with the provisions of the Zoning Ordinance. He stated that Arroyo Grande P9annkg Q im®ssion, 5-6-86 Page 4 the application has been reviewed by the Staff Advisory Committee and is submitted with the recommendation that the accessway on the east side of the building be closed at the rear of the property. Upon being assured by the Planning Qxmnission Secretary that public hearing for Use Permit Case No. 86 -409 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. Dr. James, 765 James Way, one of the applicants, spoke in favor of the Use Permit being granted. With regard to the accessway, he stated that the other tenants use that for deliveries, and the medical office would need it for the ambulance. Tom Wooley, 1049 Sunset Drive; Mr. Weimers, 1067 Sunset Drive, and Margaret Quandt, 1050 Sunset Drive, spoke in favor of the Use Permit being granted. Hearing no further comments from the audience for or against the proposed Use Permit, Chairman Gerrish declared the hearing closed. The Commission modified the recommended condition to read "Access to a 13'6" alleyway be restricted from the rear point of the alley, with appropriate signage subject to approval of the Planning Director. After discussion, the following action was taken: RESOLUTION NO. 86 -1084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 86 -409, AWLIED FOR BY JAMES DORR, M.D., AT 1057 GRAND AVENUE. On motion by Carmissioner Flores, seconded by Commissioner Olsen, and by the following roll call vote, to wit: AYES: Commissioners Moore, Olsen, Flores, Boggess, Carr and Chairman Gerrish NOES: None ABSENT: Commissioner Soto the foregoing Resolution was adopted this 6th day of May 1986. PUBLIC HEARING - PROPOSED AMENDMENT TO THE SUBDIVISION ORDINANCE REQUIRING LOT COMBINATIONS OR REVERSIONS 1n ACREAGE WHEN STRUCTURES ARE ERECTED ACROSS PARCEL LINES. Planning Director Eisner advised that this matter was discussed by the City Council, and the Council directed the City Attorney to prepare the draft ordinance that is before the Commission tonight. He stated the purpose of the ordinance is to eliminate lot lines that may divide structures on two contiguously owned parcels of property. Upon being assured by the Planning Commission Secretary that public hearing for the proposed amendment had been duly published and posted, Chairman Gerrish declared the hearing open. Hearing no comments for or against the proposed amendment, Chairman Gerrish declared the hearing closed. Chairman Gerrish commented that what - we are trying to accomplish is preclude the problem that came about in the proposed lot split by Mr. Salser. He stated, in his opinion, the way the proposed ordinance reads is that regardless of the lot size, whenever a structure goes across the line, it reverts to acreage. After a brief discussion, the following action was taken: RESOLUTION NO. 86 -1085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN AMENDMENT TO THE SUBDIVISION ORDINANCE, ADDING SECTION 9- 4.209(a) AND (b), REQUIRING LOT COMBINATIONS OR REVERSION TO ACREAGE WHEN STRUCTURES ARE ERECTED ACROSS PARCEL LINES. 267 268 Arroyo Grande Planning Qomon, 5-6-86 Page 5 On notion by Commissioner Olsen, seconded by Commissioner Flores, and by the following roll call vote, to wit: AYES: Commissioners Moore, Olsen, Flores, Boggess, and Carr NOES: Chairman Gerrish ABSENT: Commissioner Soto the foregoing Resolution was adopted this 6th day of May 1986. CONTINUATION (PUBLIC HEARING CLOSED) - PROPOSED ZONING ORDINANCE AND ZONING MAP AMENDMENTS RELATING 10 AGRICULTURAL ZONES Planning Director Eisner reviewed the proposal that was presented at the Planning Commission's study session last week. He stated the direction from the City Council was to implement, through the zoning ordinance, the decisions that had already been made as a part of the General Plan amendment, and that is to recognize the "Prime Farmland" definition as differentiated from Class I and Class II soils which had been the definitions of the General Plan in the past. At the time the General Plan was modified it called out two definitions; 1) prime farmland, and 2) general agricultural. Following the adoption of the General Plan revision, the City Attorney advised the City Council that it would be more appropriate to have a zoning ordinance that followed precisely the definitions in the General Plan. In order to accomplish that, the staff developed two new zoning texts; "A -1" and '!A -2". Mr. Eisner pointed out there were five areas that are presently zoned "RA -B3" which are in the prime farmland category and, following the study session, it was the direction of the Commission that staff eliminate those areas that are now zoned "RA -B3" based on findings that went beyond the definition based on soil, size of the parcel, level of development that had taken place, and where urbanization has surrounded the property. Mr. Eisner listed 6 actions to be considered by the Planning Commission: 1. Repeal "A" zone (text). 2. Adopt "A -1" zone (text). 3. Adopt "A -2" zone (text). 4. Modify the zoning map by changing "A" to "A -1" in accordance with the General Plan "Prime Farmland" designation. 5. Modify the zoning map by changing those properties zoned "A" but not within the definition of prime farmland to "A -2 ". 6. Modify the zoning map by changing those properties designated as Prime Farmland and zoned "RA -B3" to "A -1" Chairman Gerrish reopened the public hearing to hear any new information that has not yet been presented to the Commission. Planning Director Eisner referred to correspondence received from Mr. Been consisting of a map showing his property, and three pages of material out of the Federal report; and also a report received from Coker Ellsworth this afternoon regarding his property. Hearing no comments from the audience, Chairman Gerrish declared the hearing closed. Commissioner Carr commented he feels comfortable with the direction being taken, with the exception of the one parcel that is zoned "RA -B3" which is 16 acres in size. He stated, in his opinion, that property is marginal and he is not quite convinced that "A -1" zoning is not proper for that area. Chairman Gerrish stated it is his feeling that the problem on that particular property is the reason for this entire action in the first place, and he doesn't see any particular reason to change it from "RA -B3 ". After further discussion, the following action was taken: RESOLUTION NO. 86 -1086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING 1n THE CITY COUNCIL MODIFICATION OF THE EXISTING ZONING ORDINANCE AND MAP. On motion by Chairman Gerrish, seconded by Commissioner Flores, and by the following roll call vote, to wit: Arroyo Grande Planning an on, 5 -6-86 AYES: Commissioners Moore, Flores, Boggess and Chairman Gerrish NOES: Commissioners Olsen and Carr ABSENT: Commissioner Soto the foregoing Resolution was adopted this 6th day of May 1986. (The foregoing Resolution included the following modifications: 1. Repeal the existing "A" District-Text. 2. Adopt a new "A -1" zone which is identified as prime farmland, with 10 acre minimum. 3. Adopt a new "A -2" zone text. 4. Modify the zoning map as indicted in the map presented to the Commission, changing some of the existing "A" zoned parcels to "A -1" where indicated. 5. Modify the zoning map changing existing parcels from "A" District to "A -2" District in accordance with the General Plan. Note: No. 6, as stated above , is not a part of recommendation to City Council. Planning Director Eisner advised that this matter will appear on the City Council's agenda in three weeks and there will be a subsequent report forwarded to them, including the criteria that was set forth as a part of the Commission's study session. (size of parcel, proximity to residences, current use, drainage, etc.). STATEMENT OF NEGATIVE DECLARATION - TRACT NO. 1187, STAGECOACH ROAD. (JOE ZOGATA). Planning Director Eisner advised that at the time the Zogata 'Tract was approved, there was a general reference to a negative declaration. However, the wording of one of the conditions required that a specific action be taken by the Planning Commission. After a brief discussion, the following action was taken: On motion by Commissioner Moore, seconded by Commissioner Olsen, and by the following roll call vote, to wit: AYES: Commissioners Moore, Olsen, Boggess, Carr, Flores and Chairman Gerrish NOES: None ABSENT: Commissioner Soto the foregoing Resolution was adopted this 6th day of May 1986. DISCUSSION - GREENBELT SYSTEM RECOMMENDATION Planning Director Eisner referred to the "Greenbelt System" report that was prepared by the City Manager's office, and is on the agenda for discussion. On motion by Commissioner Carr, seconded by Commissioner Boggess, and unanimously carried, the matter was continued to the next meeting of May 20, 1986. APPOINTMENTS - LE POINT STREET EXTENSION COMMITTEE Planning Director Eisner stated that the City Council has asked that two members of the Planning Commission be appointed to serve on the LePoint Street Extension Committee. After a brief discussion, Chairman Gerrish and Commissioner Boggess agreed to serve on the committee. REQUEST FOR DETERMINATION OF USE Planning Director Eisner read a letter from Perry Fife, dated April 25, 1986, requesting a determination as to the feasibility of using the Leisure Mart property for the purposes of selling farm fresh produce on a temporary permit basis for 60 days. He pointed out that this kind of use is similar to the flower stand which was previously approved on Grand Avenue. After a brief discussion, on motion by Commissioner Flores, seconded by Commissioner Olsen, and unanimously carried, the proposed use was approved subject to a temporary administrative permit not to exceed 60 days. ADJOURNMENT There being no further business before the •. te r• the me was adjourned, by the Chairman at 10 :35 P.M. ATTEST: /, PM) C2 Secretary Page 6 RESOLUTION NO. 86 -1087 A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF ARROYO GRANDE DETERMINING THAT A NEGATIVE DECLARATION IS APPROPRIATE FOR TRACT NO. 1187. (JOE ZOGATA). 269