PC Minutes 1983-12-06ARROYO GRANDE PLANNING COMMISSION
December 6, 1983
The Arroyo Grande Planning Commission met in regular session with
Chairman Gerrish presiding. Present are Commissioners Benhardt, Carr and
Moots. Commissioners Fischer, Moore and Olsen are absent. Planning
Director. Eisner and Public Works Director Karp are also in attendance.
MINUTE APPROVAL
Upon hearing no additions or corrections, the minutes of the regular
meeting of November 15, 1983 were approved as prepared on motion by Commissioner
Moots., seconded by Commissioner Benhardt, and unanimously carried.
COMMUNICATIONS
Planning Director Eisner referred to a letter from Gary Gomes, Agent
for Dennis. Lintner, Dated December 6, 1983, requesting continuance of
Use Permit Case No. 83 -357, Item #4..on tonight's agenda,to the Commission's
January meeting. Chairman Gerrish announced that Item 4 on the agenda would
be continued to the Planning Commission meeting of January 3, 1983.
COMMISSIONER FISCHER ENTERED THE MEETING DURING THE ABOVE DISCUSSION AND IS NOW PRE
PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT DELETING ARTICLES 36 AND 37 OF THE
ZONING ORDINANCE; AND ADOPTING A NEW ARTICLE 36 ENTITLED "FLOOD DAMAGE PRE-
VENTION DISTRICT OR "F -H" DISTRICT" (FLOOD HAZARD).
Public Works Director Karp advised that the proposed ordinance is to
replace the previous two ordinances which dealt with flood districts, which
were "P -F" and "S -F" Districts. Mr. Karp briefly reviewed the new ordinance.
He pointed out that this ordinance stipulates certain requirements of building
encroachments that would be permitted in the floodway and the flood zones in
the City of Arroyo Grande. the Ordinance would not take effect until a map
is adopted, which is anticipated happening in January. He referred to the
map, stating it has been posted for about one and a half months now and shows
the limits of flood zones as the consultant of the Corps of Engineers sees them.
He pointed out that the Corps only studies those•areas in which the water sheds
involve more than a square mile.
COMMISSIONERS MOORE AND OLSEN ENTERED THE MEETING DURING THE ABOVE DISCUSSION.
Upon being assured by Planning Director Eisner that public hearing for
the proposed Ordinance amendment had been duly published and notices posted,
Chairman Gerrish declared the hearing open. Upon hearing no comments from
the audience regarding the ordinance amendment, Chairman Gerrish declared the
hearing closed.
Commissioner Fischer asked if the proposed ordinance only makes minor
changes to the existing ordinance, and ties in the new ordinance to the adoption
of the map. Mr. Karp advised that the existing ordinance has never been in
effect because it required a flood study, however, there are no major changes
to that ordinance.
Commissioner Moore suggested that anyone who suspects they are in a
flood zone should come in and look at the map and ask questions about how it
affects them. He advised there is an Appeals Board set up to hear and consider
appeals and, if someone can show with reasonable proof that some changes need
to be made, changes are possible.
After further discussion, the Commission felt they would like to have
more time to review the proposed amendment and the matter was continued to
the Planning Commission meeting of January 3, 1984.
PUBLIC HEARING — TENTATIVE TRACT MAP NO. 1149, A 72 LOT RESIDENTIAL SUBDIVISION
IN THE ' "P -D" PLANNED DEVELOPMENT DISTRICT, LOT 11, TRACT 604, OAK PARK ACRES.
(LOS PADRES ENGINEERS, AGENTS FOR RUEBEN KVIDT).
Planning Director Eisner briefly reviewed the staff report, pointing out
that this is a tentative tract that was previously approved by the Planning
Commission. The tentative map has expired and is being resubmitted with one
minor modification; the difference being that the subdivision now has 72 lots
and originally there were 70 lots. Mr. Eisner advised that the City has already
approved, as a part of its General Plan, Ordinances 140 and 150 C.S. This is a
70.8 acre subdivision in the Planned Development District and the subdivision,
as submitted is in conformance with the General Plan. The subdivision and the
development as a whole are consistent with the EIR that was previously certified
by the City and, therefore, meets the requirements of the California Environ-
mental Quality Act. Mr. Eisner referred to the draft resolution containing
the special conditions. He advised that the Staff Advisory Board and the
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Arroyo Grande Planning Commission, 9 -6 -83 Page 2
Architectural Review Committee have reviewed the subdivision and, generally
speaking, all of the conditions recommended with Tract 1149 are those that
were attached to the subdivision when it was originally approved.
Upon being assured by Planning Director Eisner that public hearing for
Tentative Tract Map No. 1149 had been duly published and property owners
notified, Chairman Gerrish declared the hearing open.
Mr. Rueben Kvidt, Oak Park Acres, advised the Commission that this map
was approved about 4 years ago, and the reason it expired was because they
have been unable to resolve the matter of a water reservoir sufficient to
provide the water pressure required..: He'stated it is their belief they can
put a tank on one of the lots as a temporary solution until a larger tank
can be built somewhere in the area. Mr. Kvidt pointed out that an assessment
district isbeing formed now and a public hearing is scheduled for January:
10th by the City Council to determine whether or not an assessment district
will be formed,which will supply the water source needed for this tract. He
stated that although it is not specified in the conditions, they would like
to note that in the event that District is not formed, they would'like the
option to come in to the Planning Commission. and Council and request that
the temporary facilities that they; at one time, engineered and partially
built, be permitted. He further commented that without that authorization,
in the event the assessment district does not go, the are completely stymied.
With regard to the conditions, Mr. Kvidt commented to Public Works
Department requirement #6 regarding the retaining wall at James Way to protect
the sewer line.. They would like to know what the magnitude of this structure
would be. With regard to Item #5 under "Planning Department ",..Mr.:Kvidt
commented they would like to have the option of making the greenbelt available
to other tracts in the area that have one acre lots where they can keep horses
and, therefore, they were hoping that the Homeowners' Association might be
expanded a little bit from.what they now have.
Regarding Item 9 under "Planning Department ", Mr. Kvidt stated there is
a problem with the requirement of split rail fencing in that the terrain
in the upper area is very irregular and it would be very difficult to put a
board fence in there. He commented what they would want to do instead would
be to put a white rail fence at the bottom and some other type fencing at the
top where the terrain is so irregular and rocky. With regard to Item 18 re -..
garding the requirement that all service roads be paved, Mr. Kvidt stated he
has talked to the Public Works Director about this item and the intent is to
cover the easement so there are not a lot of weeds growing up and to provide
access. However, as he discussed with Mr. Karp, the requirement for the access
is the same as a heavily traveled street. Mr. Kvidt stated he doesn't feel
this is appropriate and also the width is not specified.
Lou Caballero, Las Padres Engineers, spoke regarding the temporary
water facility and pumping station, and the proposed assessment district.
He pointed out that the proposed temporary water system would meet the Health
Department and. Fire Department requirements; the only thing this system could
not do is serve the properties above them.
Planning Director Eisner referred to Council action taken in_1980 and
read from those minutes as follows:. "Policy 2. Adopt a policy that all
developments which lie above elevations which are currently served by City
reservoirs must supply adequate centralized storage and pumping plants with
initial phases . of development in order that future developments not rob exist-
ing customers during the crucial maximum demand period." He stated that, in
reading those minutes, there is nothing that would indicate that a temporary
system would be acceptable at the Council level.
Mr. Al Spierling, 299 Miller Way, speaking as a representative of the
Lucia Mar School District, stated he wanted the Commission to be aware that
until the City Council adopts an ordinance regarding fees for new developments,
the School District will be opposing all new developments that are brought to
the Commission and Council. He further advised that Mr. Kvidt has been
negotiating with the District and has indicated that he intends to consummate
agreements with the District wherein he will be paying fees on this tentative
map, so the District would not be objecting to this proposal on that basis.
Upon hearing no further comments for or against the proposed tentative
tract, Chairman Gerrish declared the hearing closed.
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Arroyo Grande Planning Commission, 12 -6 -83
RESOLUTION NO. 83 -362
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A USE PERMIT,
CASE NO. 83 -358, APPLIED FOR BY JACKPOT FOODMART,
FOR AN ADDITION TO AN EXISTING SIGN AT 504 GRAND
AVENUE IN THE "H -S." HIGHWAY SERVICE DISTRICT.
AYES: Commissioners Benhardt, Carr, Fischer, Moore, Olsen
and Chairman Gerrish
NOES: None
ABSTAIN: Commissioner Moots
ABSENT: None
the foregoing Resolution was adopted this 6th Day of December 1983.
Page 3
In answer to Commissioner Olsen's question regarding the traffic problem,
Planning Director Eisner commented that as far as the general road work associated
with Rangho Grande, Oak Park Acres and the Knollwood development, those are all
included in the assessment district that will come to the City Council for a
protest hearing on January 10th. As far as the specific issues of the intersection
of Oak Park Road and Highway 101, the City Council appointed committee met again
last Tuesday night and they are continuing to work on an interim solution to that
problem,with some long term solutions as we go along; so progress is being made.
Mr. Eisner commented on Mr. Kivdt's concerns regarding certain requirements
listed in the staff report. On Item #6 under "Public Works ", the retaining wall
at James Way was included for the purpose of protecting the sewer, and staff's
position is that, while it is a City sewer line, the immediate location is related
to this tract; also, Public Works has indicated that we are not talking about a
structure of great magnitude. With regard to Item #18 requiring service roads to
be paved, Mr. Eisner suggested rewording the item as follows: "All service roads
shall be paved with a 4" base topped with 2" rolled A.C. or shall be subject to
the approval of the Public Works Director ". Regarding Item #9 requiring split
rail fencing, Mr. Eisner commented this item could be modified in response to
Mr. Kvidt's concerns if the Commission agrees. Item #6 under "Planning Department"
regarding maintenance of the horse trail systems by the Homeowners' Association,
Mr. Eisner recommended that the requirement remain as stated. Mr. Kvidt stated
he would bring in a copy of the C.C. & R.'s incorporating the Homeowners' Association
for review prior to filing of the final map.
After further discussion, it was the consensus of the Commission to continue
the matter until after the protest hearing on the Assessment District scheduled
for January 10, 1984. On motion by Commissioner Carr, seconded by Commissioner
Olsen, and unanimously carried, Tentative Tract Map No. 1149 was continued to
the Planning Commission Meeting of January 17, 1984 pending the outcome on the
hearing of the Assessment District. Staff was requested to resolve the concerns
on certain requirements noted above.
PUBLIC HEARING - USE PERMIT CASE NO. 83 -358, ADDITION TO EXISTING. FREE STANDING
SIGN, '504 GRAND AVENUE IN THE "H -S" HIGHWAY SERVICE DISTRICT. (JACKPOT FOODMART).
Planning Director Eisner advised that the application is for a modification to an
existing sign.. - He noted that the additional sign face will be within the guide-
lines of the Zoning Ordinance. He briefly reviewed the sketch showing where the
sign is located and described the proposed modification.
Upon being assured by Planning Director Eisner that public hearing for
Use Permit Case No. 83 -358 had been duly published and property owners notified,
Chairman Gerrish declared the hearing open. Upon hearing no comments from the
audience for or against the proposed sign, Chairman Gerrish declared the hearing
closed and, after a brief discussion, the following action was taken:
On motion by Commissioner Fischer, seconded by Commissioner Benhardt,
and by the following roll call vote, to wit:
Mr. Eisner advised that this matter is finaled with the Planning Commission
unless appealed to the City Council within ten days.
PUBLIC HEARING - _VARIANCE CASE NO. 83 -95, REDUCTION OF'FRONT YARD SETBACK; 879
FAIR OAKS AVENUE IN THE "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT. (RICHARD FRANKS).
Planning Director Eisner advised that the applicant is requesting a
Variance to the front yard setback for a kitchen addition to an existing house.
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Arroyo Grande Planning Commission, 12 -6 -83
He pointed out that, in reviewing the application, staff has found that all of
the housing in that block are in violation of the front yard setback requirements,
a situation created by the widening of Fair Oaks Avenue by the City. He further
pointed out that the proposed addition will not extend as close to the street as
another original portion of the house, and will not exceed the degree of variation
of any other house in the block and, therefore, approval is recommended.
Upon being assured by Planning Director Eisner that public hearing for
Variance Case No. 83 -95 had been duly published and property owners notified,
Chairman Gerrish declared the hearing open. Hearing no comments for or against
the proposed Variance, Chairman Gerrish declared the hearing closed, and the
following action was taken:
RESOLUTION NO. 83 -363
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE APPROVING ZONE VARIANCE CASE NO.
83 -95, FILED BY RICHARD FRANKS.
On motion by Commissioner Benhardt, seconded by Commissioner Moore, and
by the following roll call vote, to wit:
AYES: Commissioners Benhardt, Carr, Fischer, Moore,Moots, Olsen
and Chairman Gerrish
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 6th day of December 1983.
Planning Director. Eisner advised that this item is finaled with the
Planning Commission unless appealed to the City Council within ten days.
PUBLIC HEARING - PROPOSED AMENDMENT TO SECTIONS 9- 4.1403, 9- 4.1404 AND
9- 4.140.5 OF THE ZONING ORDINANCE. RELATING TO MAXIMUM ALLOWABLE HEIGHT OF
STRUCTURES IN THE' "H- S "'HIGHHWAY SERVICE DISTRICT.
Planning Director Eisner noted that on November 10th the Planning Commission
adopted a Resolution of Intention to correct discrepancies in the Zoning Ordi-
nance regarding height limitations in the Highway Service District. Mr. Eisner
briefly reviewed the proposed changes, stating the action is simply to clarify
these matters so that the ordinance is consistent throughout.
Upon being assured by Planning Director Eisner that Public Hearing for
the proposed amendment had been duly published and posted, Chairman Gerrish
declared the hearing open. Upon hearing no comments for or against the proposed
amendments, Chairman Gerrish declared the hearing closed. There being no
discussion, the following action was taken:
RESOLUTION NO. 83 -364
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF
AN AMENDMENT TO THE ZONING ORDINANCE, SECTIONS
9- 4.1403, 9- 4.1404 AND 9- 4.1405 RELATING TO
MAXIMUM ALLOWABLE HEIGHT. OF STRUCTURES IN THE
HIGHWAY SERVICE DISTRICT.
On motion by Commissioner Benhardt, seconded by Commissioner Olsen, and
by the following roll call vote, to wit:
AYES: Commissioners Benhardt, Carr, Fischer, Moore, Moots,
Olsen and Chairman Gerrish
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 6th day of December 1983.
PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT REGARDING COMMUNITY WATER WELLS
WITHIN THE CITY OF ARROYO GRANDE. (REFERRAL FROM THE CITY COUNCIL).
Planning Director Eisner advised that this matter has been referred to
the Commission by the City Council for study and possible amendment of the
existing ordinance regarding community well systems.
Upon being assured by Planning Director Eisner that public hearing for
the proposed ordinance amendment had been duly published and posted, Chairman
"Gerrish declared the hearing open.
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`Arroyo Grande Planning Commission, 12 -6 -83
Mr. Elmer Kirk, 735 Printz Road, read a letter that was forwarded to the City
Council, dated November 3, 1983 signed by 10 people who reside in the "R -S"
zone. He stated their primary concern is to keep the present "R -S" District
in tact and a community water well system may be desirable in some cases in
that district., Jeff White, Printz Road, stated, in his opinion, the existing
ordinance should remain as written. He stated it is not always.feasible for larger
parcels to use City water.
Upon hearing no further comments for or against the proposed amendment,
Chairman Gerrish declared the hearing closed.
After a brief discussion, the Commission indicated their feeling that the exist-
ing ordinance .is adequate and should remain as it is now written.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned by the Chairman at 9:30 P.M, and the Planning Commission meeting of
December 20,'..1983 was cancelled.
ATTEST:
Secretary
airman
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