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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 1 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. 43 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. 1 1 1 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. 45 Page 4 `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 Page 5