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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. • 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. L 3 7 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 1 1 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: x,33 L, 40 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 41