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PC Minutes 1983-10-18ARROYO GRANDE COMMISSION October 18, 1983. The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Benhardt, Carr, Fischer, Moore and Olsen. Commissioner Moots is absent. Planning Director Eisner is also in attendance. MINUTE APPROVAT, Upon hearing no additions or corrections, the minutes of the regular meeting of September 20, 1983 were approved as prepared on a motion by Commissioner Benhardt, seconded by Commissioner Carr, and unanimously carried. ARCHITECTURAL REVIEW CASE NO. 83 -294, MOBILE C.T. SCANNER STRUCTURE, ARROYO GRANDE COMMUNITY HOSPITAL, 345 SO. HALCYON ROAD. (MEDCON). Planning Director Eisner advised that this application has been reviewed by the Staff Advisory Committee and the Architectural Review Committee. Both bodies were in agreement that there was a functional need for this cover, however, . both groups indicated it Would be desirable to have the color and materials consistent with those of the existing'building. The applicants have submitted revised plans reflecting the recommended change. He stated staff has reviewed the revised plans and recommends approval with the changes as submitted. There being no discussion, Architectural Review Case No. 83 -2.94 was approved in accordance with the revised plans on motion by Commissioner Carr, seconded by Commissioner Fischer, and unanimously carried. PUBLIC HEARING - USE PERMIT CASE NO. 83 -353, VEHICLE STORAGE FACILITY, VALLEY ROAD AND SUNRISE DRIVE. (SUNRISE TERRACE MOBILEHOME PARK /H. C. ELLIOTT, INC.) Chairman Gerrish noted that a letter has been received by the applicant requesting continuance of this particular item. Planning Director. Eisner advised . that he had met.with the applicant's representative earlier in the week and they found they had not completely dealt with the r_ecommendations,and, therefore, they are requesting a continuance for 2 more weeks to complete their design. Chairman Gerrish.:in'dicated his concern ` about the matter being con- tinued for so long because, in his opinion, people who are concerned about the matter eventually lose contact. He announced that the matter will be continue3_to the next regular meeting. . ....... ..... . .. . . PUBLIC HEARING - REZONING CASE NO. 83 -172, ZONE CHANGE FROM "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT TO "P -D" PLANNED DEVELOPMENT DISTRICT, 707 HUASNA ROAD. (ARROYO GRANDE HALL ASSOCIATIONL . Planning Director Eisner .advised that. the 'request is for ..a. zone change from "RA -B3" Residential Agricultural District to Planned Development District, and the request is independent of a request for a modification of the General Plan. The "P -D" zone requested is not consistent with the General Plan, which shows low density type of activity. He noted that the Plannedl)Development District requires submission of.a Use Permit for any proposed•development'and requires . review: -by both the Planning.Commission and City.'. Council Mr: Eisner peintedcout.that - the applicants; have: :stated that their immediate concern comes about because of the status of the building being a non - conforming use, and they would want to make some improvements such as landscaping, kitchen addition and also construct a new barbecue area. He further pointed out that repre- sentatives of the Hall clearly understand that any major change to the property will require the review and permission of both the Planning Commission and City Council. I-Ie stated that staff recommends approval and affirmative recommend- ation to the City Council because it is staff's belief that the City's position is protected by this request since, as stated above, any additions, modifications or changes in the nature of the existing use would be subject to review by the Commission and Council. Commissioner Carr commented that the "P -D" section of the ordinance was recently changed, however, his copy of the Zoning Ordinance does not have those changes. He asked if there is a minimum size limit required the Planned Development zoned area. Mr. Eisner stated he was not aware of this requirement and would have to research the Code. Upon being assured by Planning Director Eisner that public hearing for Rezoning Case No. 83 -172 had been duly published and property owners notified, Chairman Gerrish declared the hearing open. Mr. George Cecchetti, 120 Cecchetti Road, representing the Arroyo Grande Hall :Association, spoke in favor of the zone change. He outlined some of the proposed improvements, such as building a new barbecue area, possibly expanding the build- ing by approximately 10 ft., new outside tables, landscaping, etc. 1 Arroyo Grande Planning Commission, 10 -18 -83 Page 2 Marsha Schrum, 803 Huasna Road; Carol Jones, 743 Huasna Road: Marjorie Cash, Highway 227; Jeannie Goularte; and. Mary Blackburn, 775, Huasna Road, spoke in opposition to the zone change citing their concerns about additional traffic, excessive noise, accidents, litter and fire hazard. They also expressed concern about the value of their property. Upon hearing no further comments for or against the proposed zone change, Chairman Gerrish declared the hearing closed. Commissioner Carr stated, in his opinion, the ordinance does not allow this zoning change, request to be approved. First, because he believes there is a minimum site requirement; and, secondly, Sec. 9- 4.1012 of the Zoning Ordinance requires that such a zone change request be submitted with a specific develop- ment plan. He further stated, in his opinion, the modifications and alterations could be made without the rezoning occurring because they have a legal non- conforming use. If this is not the case, he suggested the zone change to Highway Service would be more appropriate. Planning Director Eisner advised that when the Staff Advisory Committee reviewed this matter, one observation that was made was the building as it now exists is a legal non - conforming activity and the fact that a Use Permit would have to be pursued gives the City some flexibility that they do not have on the zoning, in that the City cannot condition zoning. Among those conditions that can be included are hours of operation, improvement and landscaping, perking, proper lighting of the parking lot, etc. He stated, in recommending approval, staff's consideration was more control of a situation that appeared to be of concern to the adjacent neighborhood. Commissioner Carr commented that he didn't think the City could approve the zone change without having a development plan and he doesn't believe "P -D" zoning should be approved without having a definite plan for the property and without knowing specifically what is going to go in there. Chairman Gerrish stated he agrees with Commissioner Carr and, in his opinion, "P -D" zoning is not appropriate out there and he would not like to see commercial zoning on that corner either. He further stated it is his feeling that if they wish to improve and expand, the Commission could consider the proposal the same as they did with Sebastian Oil on Brisco Road. After further discussion, the following action was taken: RESOLUTION NO. 83 -958 Z A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL THE DENIAL OF ZONE CHANGE APPLICATION NO. 83 -172 FILED BY ARROYO GRANDE HALL ASSOCIATION. On motion by Commissioner Benhardt, seconded by Commissioner Olsen, and by the following roll call vote, to wit: AYES: Commissioners Benhardt, Carr, Fischer, Moore, Olsen and Chairman Gerrish NOES: None ABSENT: Commissioner Moots the. foregoing Resolution was adopted this 18th day of October 1983. Planning Director Eisner advised that this matter is finaled with the Planning Commission unless appealed to the City Council within ten days. CONTINUATION (PUBLIC HEARING CLOSED) - LOT SPLIT CASE NO. 83 -387, 1310 SIERRA DRIVE. (L. J. FERRARI). Chairman Gerrish stated it is his understanding from the staff report that Mr. McGillis, engineer for the applicant, has moved the lot line showing one lot at 10,000 sq. ft. and the original remaining parcel of legal size. Planning Director Eisner confirmed that both lots are now legal, and recom- mended approval of the lot split. There being no further discussion, Lot Split Case No. 83 -387 was approved "subject to Standard Conditions and special conditions listed in staff report ;, dated October 4, 1983.on motion by Commissioner Moore, Seconded by Commissioner Benhardt, and unanimously carried. There was a brief discussion concerning the procedure for calculating. Islopes. Planning Director Eisner advised, in his opinion, the question -�Alow to calculate from which point to which point is unclear in the Ordinance. Arroyo Grande Planning Commission, 10 -18 -83 Page 3 He suggested that staff be directed to work with some of our local engineers and Public, Works Director Karp and perhaps put together a definition that would answer the question. Staff was so directed by the Chairman. CONTINUATION (PUBLIC HEARING CLOSED) - REQUEST FOR SIGN, E -Z 8 MOTEL, WEST BRANCH STREET AND CAMINO MERCADO. (LESLIE M. CROUCH /WILLIAM S. BANNASCH). Planning Director Eisner noted that several of the Commissioners had an opportunity to review the sign at 30,1.`40 and 50 ft. heights. Commissioner Fischer stated she had looked at the sign and she didn't see any difference between a 30`ft, 40 ft. or 50 ft. sign. She pointed out that coming from the south where the visability was in question, there is a knoll preventing vision of the sign from any of those heights, and you couldn't see the sign until you get to the crown of the knoll. Mr. Crouch, applicant, stated he believed they could live with somewhere between 30 ft. and 35 ft., however, he would prefer 35 ft. He requested the Commission consider allowing a 14' x 14' sign instead of 12' x 12 -1/2 ft. because since they are going to have a lower sign, they would like to have a little bit larger sign. He also commented they would be happy to frame it in wood as previously suggested. Planning Director Eisner suggested that the sign be permitted to be triangular in shape to allow visability to the traffic travelling south, that the three sides be closed, and that there be no message board. Also, it is staff's opinion that the aesthetics would be improved by having a single pole. After further discussion, it was the consensus of the Commission that the 30. ft. height would provide the desired visibility and that the final design of the sign be subject to review and approval by the Planning Director. On motion by Commissioner Fischer, seconded by Commissioner Olsen, and unanimously carried, request 'for sign was approved allowing a 300 sq. ft. sign at a height of 30 ft. with the actual design of the sign to be reviewed and approved by the Planning Director. Planning Director Eisner advised that this matter will go to the City Council for final approval. GRADING AND EROSION CONTROL ORDINANCE Planning Director Eisner advised that the Grading and Erosion Control ordinance has been added to the Commission's agenda at the request of the City Council. He referred to the memo from Public Works Director Karp, dated October 14, 1983, explaining his interest in this ordinance and the steps that it has gone through thus far. He further advised that staff has reviewed this proposal and the Staff Advisory Committee is in the process of reviewing it. He commented one concern was that the enforcement is not as strong as many would like and staff has been asked to get together with the City Attorney to prepare additional language to include if illegal grad- ing took place, it would require that all slopes be put back to their natural slopes. Mr. Eisner stated that the other concern is that there is not a great deal of discussion with regard to the dumping of dirt. Usually, this is not considered grading, but there is some feeling that it should be considered as such. Commissioner Moore pointed out that permits are not required on fill of less than 1' in depth, and he is concerned .about this because who knows how much 1 ft. of fill is unless you have grade control for at least all 4 corners and the center of the property. He stated if you don't have a referenced point surveyed showing the 4 corners and the center before construction, people will take a bulldozer and fill the middle of the property and they could elevate from 3 to 4 feet, and what this means is they are going to run water on to their neighbors. He commented the only way to prevent that is to have a survey before you start; you should have a given elevation on all 4 corners and the center of the property, and that should apply whether it is a cut or a fill, but the fill is the one that runs water over to the neighbor's property. Commissioner Moore referred to the letter from the Water Control Board, dated September 12, 1983, recommending three changes to the proposed ordinance and, in his opinion, these are all important changes. Mr. Eisner advised that these recommendations will be passed on to the City Council. Arroyo Grande Planning Commission, 10 -18 -83 ADJOURNMENT There being no further business before the Commission, the meeting was adjourned by the Chairman at 8:50 P.M. ATTEST: Secretary (1 Chairman Page 4