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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