PC Minutes 1982-07-20ARROYO GRANDE PLANNING COMMISSION
July 20, 1982
The Arroyo Grande Planning Commission met in regular session with Vice
Chairperson Cole presiding. Present are Commissioners Benhardt, Carr,
Moore and Moots. CommissionerPilkington Chairman Gerrish are absent.
Planning Director Hays is also in attendance.
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MINUTE APPROVAL
Commissioner Moore noted that on the 2nd page, paragraph 3, his first
name is used instead of his last name. There being no further corrections,
the minutes of the regular meeting of July 6, 1982 were approved as corrected
on motion by Commissioner Benhardt, seconded by Commissioner Carr, and
unanimously carried.
PUBLIC - REVIEW OF USE PERMIT CASE NO. 82 -331, PRIVATE RECREATION
CENTER IN THE "H -S" HIGHWAY SERVICE DISTRICT, 601 GRAND AVENUE. (LAURA ZUMBRUM).
Planning Director Hays reviewed that on January 20, 1982, the Commission
granted a Use Permit to the applicant for a private recreation center at 601
Grand Avenue. One of the conditions of approval was that the Use Permit be
reviewed in six months to determine if this use was creating problems with
the surrounding property owners. He pointed out that the original Use Permit
did not specify any limitations on the types of uses on the site, and the
applicant has added outdoor recreational activities in addition to the video
games, which were the main items of consideration when the Use Permit was
granted. He further pointed out that he has not received any complaints
from surrounding property owners relative to the use, however, he had
received some calls when the site was being graded and it appeared that
something large was being planned for the site. Mr. Hays recommended that
the Use Permit be continued with a limitation to those uses already on -site
and that any further expansion will need approval from the Planning Com-
mission.
Upon being assured by Planning Director Hays that public hearing for
review of Use Permit Case No. 82 -331 had been duly published and property
owners notified, Vice Chairperson Cole declared the hearing open.
Dr. Tullis, 610 Taylor Place, stated they have had no problems with
the use since Mr. Spinelli has taken over, however, prior to school vacation
there were problems with people leaving the area and coming down by their
fences and punching out holes, and sitting down by the fence smoking. He
stated that the property owners are concerned about fires and consider this
a major problem with the entertainment center being there. Mr. Butrum, one
of the owners of the Grand Avenue Motel, asked about the curfew, and commented
when the original Kites and Candies was in there, they were running up to
midnight, however, under the new ownership the restricted hours are being
maintained. Mrs. Oscar Ponds, 616 Taylor Place, requested that a fence be
constructed to keep the children from coming into the field because of the
fire hazard with the teenagers smoking, and also that the center be controlled
by adult supervision at all times.
Mrs. Nila Zumbrum,
the uses on the property
to the fire problem, Mrs.
go back to the fence line
she feels she is providing a
money to build a fence.
Yuba City, applicant for the Use Permit, advised that
now is exactly what the center will be. With regard
Zumbrum stated that the property she leases does not
and she has no control over that area. She commented
much needed service here and she does not have
Paulette Ponds, 616 Taylor Place, stated they were concerned about the
fire hazard and the need for adult supervision. She asked that the Use Permit
be reviewed in another 6 months and, at that time, a determination could be
made as to whether or not these concerns have been satisfied.
Tony Spinelli of the Recreation Center, commented that the only people
that cross the property are the children that live in the houses on Taylor
place; they use the corner lot to go back and forth.
There being no further comments for or against the Use Permit, Vice
Chairperson Cole declared the hearing closed.
With regard to the fire hazard, Commissioner Moore inquired if the
City had a weed abatement ordinance. Planning Director Hays pointed out that
that other piece of property should be disassociated with what is being dis-
cussed tonight. He also stated that he will talk to the Fire Chief regarding
the weed problem. Vice Chairperson Cole stated that the site is an improve-
ment from what was there, and it looks like it is pretty well organized.
She further stated it is her opinion that the Use Permit should be continued
with the stipulation that nothing else be added to it, and that 9:30 P.M.
definitely be a closing time; also, that the Use Permit be reviewed again in
6 months.
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Arroyo Grande Planning Commission, 7 -20 -82 Page 2
Commissioner Carr stated he has no problem with extending the Use Permit
and including the recreational facilities that were added on, however, he feels
that it should come back in 6 months for further review. He further stated he
feels some consideration should be given to some type of a barrier to prevent
the people using the center from going back and forth through the field in the
back, and he suggested that a plan for controlling access to the rear be sub-
mitted for the Commission's review.
After further discussion, on motion by Commissioner Carr, seconded by
Commissioner Benhardt, mofionF.carrzed. with;:one ,' o ". Vote �. the::Use Permit ; !.
was extended!.for six (6) months at which time it will be brought back before
the Commission and reviewed; that the same conditions existing on the original
Use Permit be continued; that a plan for controlling access to the rear be
submitted to the Commission at their first meeting in September; and that
the uses be limited to the existing facilities on site, and adult supervision
be provided at all times.
CONTINUATION (PUBLIC HEARING CLOSED) -- USE PERMIT CASE NO. 82 -338, VETERINARY
CLINIC, 121 NEVADA STREET IN THE "C -B -D" CENTRAL BUSINESS DISTRICT. (HARLEY
A. BOOS, JR.).
Planning Director Hays advised that at the Commission's June 15th
meeting, a public hearing was conducted on the Use Permit application for
a Veterinary Clinic at 121 Nevada Street and, at that time, the Commission
requested that the applicant provide a detailed site plan showing the areas
to be soundproofed and the parking details. He commented that he has reviewed
the site plan and would recommend approval with the condition that the facility
be constructed as shown on the plans submitted.
Commissioner Moots-asked Dr. Boos if he would be willing to soundproof
the isolation area if and when someone complained about it. Dr. Boos stated
he would be willing to do that. Commissioner Carr stated he would like to
see a condition of the Use Permit prohibiting any outdoor kennels and pro-
hibiting boarding of animals.
After a_brief discussion, the following action was taken:
RESOLUTION NO. 82 -912 U
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO.
82 -338.
On motion by Commissioner Benhardt, seconded by Commissioner Moots, and
by the following roll call vote, to wit:
CHAPEL) .
AYES: Commissioners Benhardt, Carr, Moore, Moots and
Vice Chairperson Cole
NOES: None
ABSENT: Commissioner Pilkington and Chairman Gerrish
the foregoing Resolution was adopted this 20th day of July 1982.
CONTINUATION- PUBLIC HEARING USE, PERMIT CASE NO. 82 -340, CHURCI -I FACILITY AT
1133 MAPLE STREET IN THE "R -G" RESIDENTIAL GARDEN APARTMENT DISTRICT. (CALVARY
COMMISSIONER MOORE EXCUSED HIMSELF DUE TO A POSSIBLE CONFLICT OF INTEREST.
Planning Director Hays advised that the applicants have submitted an
application for a Use Permit for a church facility in the "R -G" District,
which is a permitted use in that district subject to obtaining a Use Permit.
He noted that the letter included in the Commissioner's packets, dated July
1, 1982, indicates the projected operational times and uses of the facilities
He stated that the area to be used for parking will be paved, and the parking
meets the Ordinance requirements. He questioned whether or not the existing
shed on the property being used by a contractor is going to be taking up
parking spaces that should be used by the Church.
Upon being assured by Planning Director Hays that public hearing for
Use Permit Case No. 82 -340 had been duly published and property owners
notified, Vice Chairperson Cole declared the hearing open.
Steve Carr, 1681 Trouville in Grover City, representing Calvary Chapel,
stated they have no problems with the staff report and the conditions of
approval. As far as the parking of any of the contractor's equipment is
concerned, he stated they have worked it out with the owner where there will
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Arroyo Grande Planning Commission, 7 -20 -82 Page 3
be an enclosed area for storage of the equipment and it will not be taking
up any of the parking.
Upon hearing no further discussion for or against the proposed Use Permit,
Vice Chairperson Cole declared the hearing closed.
Planning Director Hays reviewed the 7 recommended conditions listed in
the staff report, dated July 14, 1982, and suggested that an 8th condition
be added requiring that any change or expansion to the facility be reviewed
by the Planning Commission.
There being no further discussion, the following action was taken:
RESOLUTION NO. 82 -913 U
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO.
82 -340.
On motion by Commissioner Moots, seconded by Commissioner Benhardt, and
by the following roll call vote, to wit:
AYES: Commissioners Benhardt, Carr, Moots and Vice
Chairperson Cole
NOES: None
ABSENT: Commissioners Moore, Pilkington and Chairman Gerrish
the foregoing Resolution was adopted this 20th day of July 1982.
COMMISSIONER MOORE IS NOW PRESENT.
PUBLIC HEARING -.USE PERMIT CASE NQ. .82 .342, DAY CARE SCHOOL, 432 ALDER STREET
IN THE "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT. (J. AND D. ANNECCHINI).
Planning Director Hays commented that the application is for a Use Permit
to establish a home day care center at 432 Alder Street, and the proposal is
to utilize an existing single family dwelling into a home day care center
with a maximum capacity of 15 children. He advised that this type of use
is allowed in the "R -1 "District subject to Use Permit procedures. He further
advised that the residence would have to meet all State requirements relative
to the care of children, all necessary fire regulations, and required outdoor
recreational activities.
Upon being assured by Planning Director Hays that public hearing for
Use Permit Case No. 82 -342 had been duly published and property owners notified,
Vice Chairperson Cole declared the hearing open.
Mr. and Mrs. Dan Annecchini, 432 Alder Street, applicants, spoke in
favor of the Use Permit being granted. They advised they had contacted their
neighbors and they have a number of names stating they do not find the use
objectionable. They commented they would have to add bathrooms, but this
will be done in such a way that the structure would still retain its residential
status. Mrs. Annecchini stated that the State will license her for as many as
24 children, but she would rather only take 15 because that would be more
comfortable to her. Mr. Annecchini stated one of the neighbors was concerned
about the parking, and he was advised that it is their intention to expand
their driveway so that people can get in and out and won't have to double park.
Everett Lebow, 224 Alder Street, stated the house is a single family
residence and there is already a parking problem on that street, and he is
concerned about the traffic in that area. Mrs. Llaneza, Orosi, Ca., stated
she owns the property at 444 Alder Street, and ... that the Day Care Center
would be acceptable to her, and she had talked to the applicants who assured
her they_ wouJd keep the property up. She stated her main concern was that
she didn't want her property to depreciate because of the Day Care Center.
There being no further comments for or against the proposed Use Permit,
Vice Chairperson Cole declared the hearing closed.
After a brief discussion, the following action was taken:
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Arroyo Grande Planning Commission, 7 -20 -82 Page 4
RESOLUTION NO. 82 -914 U
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO.
82. -342.
On motion by Commissioner Carr, seconded by Commissioner Benhardt, and
by the following roll call vote, to wit:
AYES: Commissioners Benhardt, Carr, Moore, Moots and
Vice Chairperson Cole
NOES: None
ABSENT: Commissioner Pilkington and Chairman Gerrish
the foregoing Resolution was adopted this 20th day of July 1982.
PUBLIC HEARING - VARIANCE CASE NO. 82 -86, VARIANCE TO INCREASE BUILDING HEIGHT
FROM 30 FT. TO 35 FT. FOR PROPOSED MOTOR INN AND RESTAURANT, OAK PARK
BOULEVARD AND HIGHWAY 101, "H -S" HIGHWAY SERVICE DISTRICT. (LEE O. WEBB).
Planning Director Hays advised that the applicant has submitted a
Variance request to increase the allowable height of buildings from 30 ft.
to 35 ft. for a proposed motor inn and restaurant at Oak Park Boulevard
and Highway 101 in the Highway Service District. He reviewed that last
month the Commission granted approval to this development and, at that time,
he had indicated that - the proposal met all of the Ordinance requirements
for height, etc. Subsequently, it was found that due to an error made
during codification of the Ordinance, the height limit is 30 ft. and not
35 ft. as listed in the Ordinance, and all of the buildings were designed
according to the height limitation shown in the Zoning Ordinance. He stated,
in his opinion, a Variance is in order in this situation and the additional
5 ft. will not cause any problems. He stated that the Fire Chief feels he
can still fight a fire even with the extra 5 ft. in height, however he
indicated the reason for the 30 ft. limitation was because it is not within
the capability of the Fire Department to physically get on top of the building
to do so.
Upon being assured by Planning Director Hays that public hearing for
Variance Case No. 82 -86 had been duly published and property owners notified,
Vice Chairperson Cole declared the hearing open.
Al Santinello, 1113 James Way, pointed out that the Ordinance Mr.. Hays
is referring..to, adopted .in 1973, not only stated.30ft. height but it also
stated 3 stories; and he had that Ordinance amended because he felt-the three
stories was inappropriate. He stated, in his opinion, what sets a precedent
here is the Zoning. Ordinance and the Commission will find that a 35 ft. height
is permitted. Also, it is his feeling that the Commission should address the
question of how height of the building was determined, and that this
Ordinance, which is addressed in the Uniform Building Code, is not within
the jurisdiction of the Fire Department.
Mr. Lee Webb, applicant for the Variance, stated there was some question
in his mind that a Variance was necessary, in that the plan was actually
approved and during the meeting the question was asked relative to the height
of the buildings and it was stated at that time the height was 35 ft., however
Mr. Hays recommended that he make application for a Variance to clarify the
matter once and for all. He pointed out that the eaves are only 28 ft. high,
and that not all of the building is above 30 ft., approximately half of it
is only 30 ft. He pointed out that the topography of the property is such
that the foundation is from 11 ft. to 20 ft. below the street level, so the
actual profile from the street will not appear to be even a two story height,
He stated that the peak of the roof will be 35 ft. and the
roof,is clay tile and fire proof.
There being no further discussion for or against the proposed Variance,
Vice Chairperson Cole declared the hearing closed. After a brief discussion,
the following action was taken:
RESOLUTION NO. 82 -915 V
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO.
82 -86.
Arroyo Grande Planning Commission, 7 -20 -82 Page 5
On motion by Commissioner Benhardt, seconded by Commissioner Moots, and
by the following roll call vote, to wit:
AYES: Commissioners Benhardt, Carr, Moots:, Moore
and Vice Chairperson Cole
NOES: None
ABSENT: Commissioner Pilkington and Chairman Gerrish
the foregoing Resolution was adopted this 20th day of July 1982.
CONTINUATION (PUBLIC HEARING CLOSED) - PROPOSED AMENDMENT TO THE ZONING
ORDINANCE, SECTION 9- 4.808(a) "MINIMUM YARDS REQUIRED ", "R -G" GARDEN APARTMENT
RESIDENTIAL DISTRICT.
Planning Director Hays recommended that this item be continued to the
next meeting.
PUBLIC HEARING - PROPOSED AMENDMENT TO THE ZONING ORDINANCE, SECTIONS 9- 4.1001
AND 9- 4.1013, "P -D" PLANNED DEVELOPMENT DISTRICT.
Planning Director Hays advised that he had been directed by the City
Council to revise the Zoning Ordinance with reference to the "P -D" District.
Specifically, the Council feels that development plans should not be approved
through the Use Permit process as the Ordinance now provides, but rather have
the Council adopt the plan by Ordinance with a recommendation from the Plan-
ning Commission. Right now, under the "P -D" District, development plans are
processed through the Use Permit procedure, and Council feels development
plans should be approved by Ordinance.
Planning Director Hays stated he is proposing another change to the
Ordinance whereby the "P -D" District may be established in any area suitable
for and of sufficient size to contain a planned development. The Ordinance
now provides that the "P -D" District be established with land areas of 10 .
acres or more.. Mr. Hays stated, in his opinion, we may be missing many
innovative projects because of this size limitation and the few available
parcels in the City of this size.
Upon being_assured by Planning Director Hays that the public hearing
for proposed Zoning Ordinance amendment had been duly published and posted,
Vice Chairperson Cole declared the hearing open. Upon hearing no comments
for or against the proposed amendment, Vice Chairperson Cole declared the
hearing closed._
Vice Chairperson Cole stated it is her feeling that we should have a
little more diversity so we do not have blight areas. Commissioner Moore
commented that 10 acres is a pretty good sized investment, which will
eliminate the small investors and, in his opinion, something like 3 acres
would be more appropriate Commissioner Moots suggested eliminating a
minimum parcel. size on the "P -D" and, if that doesn't work, then it could
be added.
After a brief discussion, the following action was taken:
RESOLUTION NO. 82 -916
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE RECOMMENDING AN AMENDMENT TO THE
ZONING ORDINANCE, SECTION 9- 4.1001 AND SECTION
9 4.1013 RELATING TO THE "P - D" PLANNED DEVELOPMENT
DISTRICT.
On motion by Commissioner Moots, seconded by Commissioner Benhardt,
and by the following roll call vote, to wit:
AYES: Commissioners Benhardt, Carr, Moore, Moots
and Vice Chairperson Cole
NOES: None
ABSENT: Commissioner Pilkington and Chairman Gerrish
the foregoing Resolution was adopted this 20th day of July 1982.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned by the Vice Chairperson at P.M.
/✓/ r
ATTEST:
Secretary
I. P
Vice Chairperson
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