PC Minutes 1980-03-18Arroyo Grande Planning Commission
March 18, 1980
The Arroyo Grande Planning Commission met in regular session. In the
absence of Chairman Gorsline and Vice Chairperson Cole, Commissioner Carr
called the meeting to order. On motion by Commissioner Sebastian, seconded
by Commissioner Fischer, and unanimously carried, Commissioner Simmons was
elected as Acting Chairperson and assumed the chair. Upon roll call, Com-
missioners Carr, Fischer and Sebastian were present. Chairman Gorsline, Vice
Chairperson Cole and Commissioner Moots were absent. Planning Director Castro
and City Engineer Karp were also in attendance.
ADDITIONS OR DELETIONS TO AGENDA
Planning Director Castro requested that continuation of Lot Split Case No.
80 -328, Lots 14 and 15 of Tract 538, Terra de Oro, be added as Agenda Item 4.a.
REFERRAL FROM CITY COUNCIL - PROPOSED ORDINANCE FOR THE UNIFORM FIRE CODE.
Fire Chief Marsalek was present to answer any questions the Commission may
have on the proposed Ordinance. He stated that the proposal as it affects
Planning is basically in existence today and reiterates the storage of flammable
liquids in the City.
Commissioner Sebastian stated he is in agreement with the Ordinance as
proposed with a few exceptions, with the main exception being the storage of
combustible liquids such as diesel fuel, kerosene, stove oil and solvents; and
diesel fuel is probably being stored now in violation of this proposed code,
and his concern is the impact of bringing that into conformance. Commissioner
Sebastian referred to the opening remarks in the proposed Ordinance, ... "pre-
scribing regulations governing conditions hazardous to life and property from
fire or explosion... ", and stated, in his opinion as a distributor of products
within the community, diesel fuel itself is not hazardous. He further stated
it is his feeling that diesel fuel should be allowed to be stored above ground
within the city limits in some districts, and more specifically, the "A ", "R -A ",
"H -S ", "P -M ", and the newly formed "R -S" Residential Surburban District. He
stated his reason for this recommendation is that we already have diesel fuel
storage in each one of these districts above ground, and he doesn't feel that
any of them currently are creating a hazard to life or property due to fire or
explosion. With regard to gasoline, Commissioner Sebastian stated he believes
that all gasoline should be underground for safety reasons, and the only district
that he would recommend where gasoline could possibly be stored above ground
would be the "A" District. He pointed out that usually in the "A" District
there is considerable distance between the storage facility and any neighbors.
With reference to the bulk plants, Commissioner Sebastian stated the Code
reads that new bulk plants, such as the one he owns, would be prohibited except
in the "P -M" District. Considering the fact that the Brisco area may be annexed,
and he is now located in that area in the "H -S" District, and also in looking at
the existing ordinance, bulk plants are allowed in the "H -S" District with a
Use Permit, Commissioner Sebastian suggested a proposal to include the bulk plants
within the "H -S" District subject to obtaining a Use Permit. He pointed out that
if the Brisco annexation becomes a reality and his plant does come into the City,
he would not like to come in as non- conforming, and since the "H -S" District is
included in the existing Ordinance, he would like to have it included in this
proposed Ordinance.
In answer to Commissioner Carr's question with regard to Sec. 4 -2.04 regard-
ing storage of diesel fuel in above ground tanks, Fire Chief Marsalek pointed out
that this section pertains to "bulk" storage. It was suggested that the word
"bulk" be added before the word "storage" in the title of that section, and that
the word "bulk" be defined as to size limitation. Fire Chief Marsalek stated that
the Uniform Fire Code gives the definition of the word "bulk" as portable tanks
not exceeding 660 gallons. Commissioner Sebastian pointed out that Burke & Pace
Lumber and E. C. Loomis presently have 1,000 gallon diesel storage tanks and, in
his opinion, those people should be notified of the proposed change. Planning
Director Castro suggested that the 660 gallons could be used as the criteria
for bulk, and those that are greater than that would be considered exempt. Fire
Chief Marsalek stated he didn't think it would be in the best interest of the
Fire Code to allow the continuation of large above ground storage of flammable .
liquid containers, and diesel is one of them. Commissioner Sebastian stated
that diesel is combustible.
After considerable discussion, on motion by Commissioner Carr, seconded by
Commissioner. Fischer, and unanimously carried, that the proposed revisions to
the Arroyo Grande Municipal Code regarding the Uniform Fire Code be forwarded to
the City Council with the recommendation that Sec. 4 -2.04 include the word "Bulk"
before "Storage "; that under the same Section, Subsection b. the phrase "and
c 6
Arroyo Grande Planning Commission, 3 -18 -80 Page 2
under a Conditional Use Permit in the "H-S" District" be added; and that bulk
storage be defined as being above 660 gallons; and further that the City Council
hold a public hearing on this proposed amendment to the Ordinance notifying
those people who will be affected by the 660 gallon factor; and that under Section
4 -2.05, Subsection a. that the "R -S" District be included.
PUBLIC HEARING - REZONING CASE NO. 80 -137, ZONE CHANGE FROM "RA -B3" RESIDENTIAL
AGRICULTURAL DISTRICT TO "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT, PROPERTY
BEHIND AND ABOVE 204 LARCHMONT DRIVE. (NELSON).
Planning Director Castro advised that Mr. Nelson owns two parcels of
property, and the entire frontage on Larchmont is zoned "R -1" and the parcel in
the back is zoned "RA-B3". He further noted that both districts would accom-
modate a single family home. Mr Nelson, petitioner for the zone change stated
it was his understanding that to build a single family home on the rear parcel
would require a zone change to the "R -1" District. He further stated that if
it is permissible to build a single family residence on the property with the
"RA -B3" zoning and if he were confident that a permit would be issued upon
proper application, he would prefer to withdraw his request for a zone change.
Planning Director Castro advised since it is a lot of record, Mr. Nelson could
be issued a building permit and, if desired, he would write a letter to this
effect. Mr. Nelson withdrew his request for a zone change. Mr. Castro further
noted that a portion of Mr. Nelson's filing fees could be refunded to him.
PUBLIC HEARING - CONSIDERATION_OF_AN AMENDMENT TO THE ZONING,ORDINANCE, SECTION
9- 4.2421, TO AMEND CURB, GUTTER AND SIDEWALK REQUIREMENTS.
Planning Director Castro referred to City Engineer Karp's memorandum to
Mr. Butch, dated February 1, 1980, which is self - explanatory. He stated that
the addendum Mr. Karp wants to add merely makes it clear to all concerned that
curb and gutter may be required in the "A ", "AP ", "RA -B3" and "RA -B2" Districts
for drainage purposes. In some instances, even though the land is agricultural
or very low density development, curb and gutter would be desirable because of
the drainage situation that we have.
Commissioner Fischer questioned whether it would be essential to include
sidewalks in this requirement. City Engineer Karp advised that sidewalks can
be exempted, but staff would prefer that exemption be in writing rather than
automatic, and that this determination would be made by the Director of Public
Works, and would be appealable to the City Council. Commissioner Sebastian
stated he would feel uncomfortable with this because it would give the City
the power to force curb and gutter in the "A" Districts. Mr. Sebastian further
noted that most of our "A" District is under till which, in many instances, is
quite extensive. Mr. Karp pointed out that where frontages exceed 100 ft.,
the Director of Public Works does not have to require that the entire frontage
be curbed.
Upon being assured that public hearing for amendment to the Zoning Ordi-
nance, Sec. 9- 4.2421 had been duly published and posted, Acting Chairperson
Simmons declared the hearing open.
Peggy Langworthy, Printz Road, inquired if these requirements would be im-
posed with regard to annexation of other agricultural areas. City Engineer Karp
stated that in some cases, Printz Road for example, the City did not require
curb and gutter or paving on the last two lot splits up there.
There being no further comments for or against the proposed amendment,
Acting Chairperson Simmons declared the hearing closed.
Commissioner Sebastian stated he could see where this requirement could
generate a lot of appeals on some sections of Valley Road because we do have
some drainage problems in there. He further stated there are two things about
the Ordinance that he doesn't agree with. One, he would like to see sidewalks
taken out and, also, he is uncomfortable with applying that requirement to the
"A" District because it is so immense. He stated, in his opinion, if we have
some drainage problems along some of the collector roads, we should use sales
tax money, etc., to correct them. Commissioner Carr stated that when he re-
viewed the proposed amendments, he had some of the same concerns expressed by
Commissioner Sebastian regarding the "A" District and, in his opinion, the
extra burden of curb, gutter and sidewalks seems like it is going the opposite
way other than preserving those districts and adding extra costs to people
who are in agricultural operations. He further stated that in looking at Sub-
section (a), it seems that we are saying that curb, gutter and sidewalk would .
be required in all but these certain districts and he felt it would be clearer
to change that so you don't have two converse things in the same paragraph.
Arroyo Grande Planning Commission, 3 -18 -80 Page 3
Acting Chairperson Simmons questioned the last sentence of the second
paragraph under "ADD" wherein it states "In the event the existing concrete
curb, gutter and /or sidewalk is damaged or fails to meet acceptable grades
established for the frontage, the permittee shall be required to remove and
replace those portions found unacceptable." She stated that this paragraph
bothered her because if a property owner wanted to build an addition on to
their home, and if they had some damaged curb and gutter, they would be re-
quired to replace it before they would be issued a building permit. Also,
she would want clarification that the City wouldn't go out on something that
already had a building permit issued and at the last minute require curb, gutter
and sidewalk.
With regard to the grade situation, Commissioner Sebastian commented that
on the El Camino Real, when the State abandoned the right of way and the County
took it over in the mid -50's, the County notified the property owners of a
major grade change. When Lee Wilson came in and built their initial buildings,
they lowered their grade to that extent, and also when Leo Brisco built the
7 -Up warehouse, and he put in a drop inlet, the County decided not to change the
grade so they were setting the curb approximately 3 -1/2 feet above the slab of
these existing buildings, causing numerous problems to the property owners.
After further discussion, on motion by Commissioner Sebastian, seconded
by Commissioner Carr, and unanimously carried, recommending denial of the pro-
posed amendment to the Zoning Ordinance as presented for the reasons stated
regarding the changes in the existing curbs, and the fact that sidewalks are
included in there, and also because many of the "A" Districts are included.
CONTINUATION - REZONING CASE NO. 79 -130, ZONE CHANGE FROM "A" AGRICULTURAL
DISTRICT TO "P -D" PLANNED DEVELOPMENT DISTRICT - KNOLLWOOD DEVELOPMENT. (URBAN
SCIENCES, INC., AGENTS FOR BAMOD CO.).
Planning Director Castro reminded the Commission that the public hearing
on this matter has been closed and is now before them for their consideration.
Mr. Castro reviewed his memo to the Commission, dated March 13, 1980. He
stated, in his opinion, the plan has addressed some of the suggestions being
made by the Environmental Impact Report, and that the plan is in response to
what the Commission had previously tried to accomplish from Mr. Jones at the
time that project came in. He further stated he could not answer the request
of Mr. Dodson that we proceed with the approval subject to final plans, however,
he does feel that the Planned Development does retain the controls for the Com-
mission.
Commissioner Sebastian inquired if everyone had an opportunity to review
the preliminary conditions suggested for the project, in view of the fact they
were just given to the Commissioners today. He further commented that if the
Commission does begin the process tonight without the benefit of the three
Commissioners who are absent, there is the possibility that the project will
be denied. Commissioner Carr stated his feelings that the Commission should
begin review of the conditions tonight and, after a brief discussion, on motion
by Commissioner Carr, seconded by Commissioner Sebastian, and unanimously
carried, to review the Preliminary Draft on the zone change until 10:00 P.M.
tonight and then continue the matter to the next meeting of April 1, 1980.
They further agreed to adjourn tonight's meeting at 10:30 P.M.
In reviewing the preliminary proposed conditions for the zone change for
the Knollwood Development, the following items were reviewed and /or recommended
for change:
GENERAL
Items 1. through 14. - O.K.
Item 15. - Delete
Item 16. - Specify that no grading will be permitted from
November 30th to April 15th.
STREETS
Item 3.
Item 4.
- Review grammer to clarify intent.
- Insert the word "public" before the word "streets ".
After review of Preliminary conditions through Item 4 under "Streets ",
Acting Chairperson Simmons advised that the matter would be continued at the next
Planning Commission meeting of April 1, 1980.
LOT SPLIT CASE NO. 80 -328, PLATINO LANE, TRACT 538 - LOT LINE ADJUSTMENT. (GRANT).
Planning Director Castro advised that in response to the Commission's request
that verification be made that both parties involved in the lot line adjustment
197
8 8
Arroyo Grande Planning Commission, 3 -18 -80 Page 4
are in agreement with the proposal, he had discussed the matter with Mr. Grant
and confirmed that there is a mutual understanding among all parties involved
that_the lot:'line adjustment is to occur. He further advised that the split
is conditioned on (1) Where water meters are located improperly after the lot
line adjustment is made, that they be relocated at the expense of the property
owner; (2) - That: an access easement to the westerly Lot B
as per Exhibit "A" be provided and recorded prior to recordation of this map;
and (3) Mylar copy of recorded map to be furnished to the City.
After discussion, on motion by Commissioner Fischer, seconded by Commissioner
Sebastian, and unanimously carried, Lot Split Case No. 80 -328 was approved subject
to the conditions as noted.
ORAL COMMUNICATIONS
Planning Director Castro advised that the City Council's reorganization
meeting takes place on April 15th, which is the date of the regular Planning
Commission meeting, and, therefore, that meeting should be cancelled.
After considerable discussion regarding the continuance of the review of
the preliminary conditions for the Knollwood Development, it was agreed that
the Commission meeting convene at 6:30 P.M. on April 1, 1980.
ADJOURNMENT
There being no further discussion before the Commission, on motion by
Commissioner Fischer, seconded by Commissioner Sebastian, and unanimously
carried, the meeting was adjourned at 10:30 P.M. to 6:30 P.M. on April 1, 1980.
ATTEST:
\ j 49
Acting Chairperson