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PC Minutes 1979-10-16ARROYO GRANDE PLANNING COMMISSION October 16, 1979 The Arroyo Grande Planning Commission met in regular session with Vice Chairman Gorsline presiding. Present are Commissioners Carr, Fischer, Moots and Sebastian. Commissioners Cole and Simmons are absent. Planning Director Castro is also in attendance. MINUTE APPROVAL Upon hearing no additions or corrections, the minutes of the regular meet- ing of October 2, 1979 were approved as prepared on motion by Commissioner Fischer, seconded by Commissioner Moots, and unanimously carried. COMMISSIONER COLE ENTERED THE MEETING AND IS NOW PRESENT ADDITIONS OR DELETIONS TO AGENDA Planning Director Castro advised Agenda Item No. 6, "Tentative Map of Tract No. 854 - Fair Oaks Plaza" „will be continued to the next meeting of November 6th as requested by the applicant. LOT SPLIT CASE NO. 79 -318, 580 CERRO VISTA LANE. (ABEL) Request for Negative Declaration. Planning Director Castro referred to the Environmental Coordinator's recommendations included with the Agenda packets, stating he had no further comments. There being no discussion, the following action was taken: RESOLUTION NO. 79 -698 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL IMPACT DECLARATION. On motion by Commissioner Fischer, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Carr, Cole, Fischer, Moots, Sebastian and Chairman Gorsline NOES: None ABSENT: Commissioner Simmons the foregoing Resolution was adopted this 16th day of October 1979. With regard to the lot split, Planning Director Castro advised that being there was no quorum of the Committee, the Commission will have to consider the matter as a whole. He reviewed the proposed split with the Commission, noting that the lot in question is a rather large parcel of land, and the split meets all of the require- ments of the "R -1" District. Mr. Castro advised that staff finds no objections to approval of the proposal subject to the 6 conditions listed in the staff report, dated October 11, 1979. After a brief discussion, on motion by Commissioner Sebastian, seconded by Commissioner Fischer, and unanimously carried, approving Lot Split Case No. 79 -318, subject to conditions listed in staff report, dated October 11, 1979, amending Condition #6 and adding Condition #7 as follows: 6. One street tree shall be provided for the parcel being created, or a fee of $35.00 per tree will be required of the applicant. 7. Separate driveways to be provided for each parcel being created. PUBLIC HEARING - VARIANCE CASE NO. 79 -61, TO ALLOW CONSTRUCTION OF A 4 FT. WALL RATHER THAN A 3 FT. WALL IN AN "H -S" HIGHWAY SERVICE DISTRICT, 1587 EL CAMINO REAL. (GLENN PETERS) Planning Director Castro advised that the violation was found during a field inspection, and Mr. Peters was informed at that time that there would need to be some action taken by the Commission to resolve the violation. He further advised that staff has no objections to the wall and, in fact, he feels it is a safety feature for the children that are going to be involved there. Also, he has checked the traffic flow and visibility and can see no problem with the 4 ft. wall. Upon being assured by Planning Director Castro that public hearing for Var- iance Case No. 79 -61 had been duly published, posted and property owners notified, Chairman Gorsline declared the hearing open. 144 150 ARROYO GRANDE PLANNING COMMISSION, 10 -16 -79 Page 2 Mr. Glenn Peters, 776 Myrtle Street, was present and spoke in favor of the Variance being granted, stating he was under the impression that the wall should be higher. There being no further comments for or against the proposed Variance, Chair- man Gorsline declared the hearing closed and, after a brief discussion, the follow- ing action was taken: RESOLUTION NO. 79 -699 V RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 79 -61. On motion by Commissioner Cole, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Carr, Cole, Fischer, Moots, Sebastian and Chair- man Gorsline NOES: None ABSENT: Commissioner Simmons the foregoing Resolution was adopted this 16th day of October 1979. CONTINUATION OF PUBLIC HEARING - REZONING CASE NO. 79 -129, ZONE CHANGE FROM "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT TO "P -D" PLANNED DEVELOPMENT DISTRICT, WILDWOOD RANCH, 220 CORBETT CANYON ROAD. (CHARLES TEMPUS). Planning Director Castro reminded the Commission that there are two matters before them this evening for consideration; one being the zone change, and the other being the approval of the conceptual plan presented by the applicant. He further reviewed that several months ago the Planning Commission had recommended approval of the zone change and development, however, when the matter went to the City Council, it was denied without prejudice. With regard to the zone change, Mr. Castro advised that staff finds no objections to granting the Planned Develop- ment District, in that it provides the necessary reviews and controls for sensitive areas such as the property in question. He noted that the plans have been changed and the new proposal is generally in keeping with some of the concerns expressed by the City Council with regard to the guest parking and the circulation element con- sisting of private and /or public streets. Also the previous plan proposed 100 units and it is now being suggested that the project be reduced to 83 units. With regard to the RV parking area, Mr. Castro advised that he is recommending that this be de- leted completely from the plan, with the provision that the applicant include a con- dition in the C.C. & R.'s that no RV parking be allowed within the development. City Engineer Paul Karp referred to his memo to Mr. Castro, dated August 30, 1978, listing the recommended conditions for Wildwood Ranch by the Public Works De- partment. At that time the City Council had directed staff to require public streets, and Items 1.b and 1.c reflect that directive. If the Commission wishes to approve private streets at this time, staff would recommend that the width be approvedaas per the exhibit, and that the sections be a minimum of 2 inches of asphalt concrete over 6 inches of Class 2 base; that curb, gutter and sidewalk be provided on both sides of any street in the development; that the extension of Platino be graded to approximately its present grade; that the new water and sewer lines that come through that street in- clude a hookup by the developer of the existing homes on that side of the hill to the new mains; that the re- graded street be 24 ft. in width with drainage control. Also, at the development access from Platino, staff would like to see something along the lines of a gate or some kind of a break to create an estate type entrance. As far as Corbett Canyon Road is concerned, Mr. Karp stated the developer should meet whatever encroachment permit requirements the State would have on him. He further noted that this Commission has reviewed the drainage and has found the concept acceptable, sub- ject to the final plans and final design calculations. With regard to water, Mr. Karp recommended that the High Pressure System Assessment be levied with recordation of the map, rather than with the building permit. Mr. Karp stated he would support the pri- vate street concept, however, he would want them constructed to a section the same as the City's minimum. With regard to density, Planning Director Castro stated, in his opinion, there is a conflict between the General Plan as it is currently adopted and what the Environ- mental Impact Reports are recommending. Basically, the plan states that a piece of property is designated for 4.5 dwelling units /acre while the EIR is suggesting is that not all land is developable. He stated he feels the Focus Report prepared for this project ARROYO GRANDE PLANNING COMMISSION, 10 -16 -79 Page 3 states exactly what hhas being discussed previously, that is, there are only certain areas that can be built on if you want to retain the integrity of the property and the natural beauty of the property, without doing a tremendous amount of grading and disruption of the land. He stated that in reviewing the property, he has come up with about 14 + acres, and taking that figure times the 4.5, would appear to be a reson- able density taking into consideration what the focus report is recommending. After further staff discussion, Chairman Gorsline continued the public hearing on the rezoning and Wildwood Ranch development plan. Mr. Rob Rossi, of Priest, Richmond, Rossi and Montgomery, Architects and Plan- ners for the project, introduced the design team for the project. Mr. Rossi gave a brief presentation on the project and how they arrived at the present concept. Mr. Steve Caminiti gave a brief presentation on the landscaping concept for the project, and Mr. Mike Callaghy spoke with regard to the civil engineering and drainage concept for the project. With regard to the conditions of approval, Mr. Rossi stated there is only one of the conditions that concerns him, and that is the developer would like to have flexibility with the sidewalks and not necessarily have integral sidewalks in all instances, in that they are going to work out a pedestrian circulation scheme bypass which might mandate that they be not along side the road, and they would like to have the freedom to do that. He stated that perhaps at their next submittal he could bring in a more precise layout. City Engineer Karp stated he would not op- pose giving them flexibility from a Public Works point of view as long as they are going to be maintained by the Association. There being no further comments from the audience, Chairman Gorsline declared the hearing closed. In answer to Commissioner Cole's question to Mr. Karp as to how he feels about the way the ponding is set up, Mr. Karp advised he feels good about the drainage solution, and he also feels good about the private street concept in that the City will not have to maintain them. He further advised that, in his opinion, this pro- ject will not add to the Tally Ho problem. Commissioner Cole questioned Planning Director Castro with regard to his feeling on the density, in that his interpretat- ion differed from that of Mr. Rossi. Mr. Castro commented that in looking at the report and even though that area has been defined by Mr. Rossi as being a buildable area, it is questionable in his mind whether that area could be considered as a buildable part of the project. He further stated that his figures were not as pre- cise, but he came up with about 1 4 +buildable acres with a density of 65. If the Commission wishes to recognize the full 18 acres, that decision would be up to them. Commissioner Cole stated she is impressed with the proposal because one of the things she dislikes about hillside developments is to see the structures sticking out, and she is very pleased to see them come down and with that kind of a program, she sees no problems with taking the 18 acres, because from that standpoint, she feels the project will be a nice appearing development. She further stated that we need to think about conservation for the people of the community and, in her opin- ion, this project has been given a great deal of consideration and she doesn't see too many things objectionable about it. In answer to the Commission's questions regarding Platino, City Engineer Karp advised that the street would be 24 ft. wide and designed to look similar to an entrance to an estate to discourage through traffic, and would be primarily for emergency access. Commissioner Sebastian stated, in his opinion, the City of Arroyo Grande is going to be taking on considerable services to be rendered and he doesn't believe in private streets; he feels that if the City can take on the other services, they can take on responsibilities of having a public thoroughfare through there so that the people from the City of Arroyo Grande can go through there, as well as the people from Wildwood can come out. He feels it is a "cop out" to try to push off on to a private homeowners' association the maintenance of a facility, and if the City can accept the responsibilities to protect those people within the project as well as those people without. Commissioner Sebastian pointed out some of the problems the City has had with private streets. He further advised he has some strong feelaigs about displaced density, and he personally is not a builder on 20% slopes; the top soil there is extremely errosive, and when we are looking at 15% slopes we have got to realize we are looking at potentially a 15 ft. cut 10Offt. from the curb line, of which 20 ft. is going to be taken up by a short driveway; he doesn't believe there 151 52 ARROYO GRANDE PLANNING COMMISSION, 10 -16 -79 Page 4 are 18 acres of developable land or the 16.35 acres noted in the Environmental Impact Report because it is apparent that some of that cannot be developed, and his engineer- ing experience is that 15% on those soils is not buildable. He is concerned with how we deal with displaced densities mainly because this is the first of numerous projects which are going to come before this Commission. He stated it is his personal feeling that the project has been done extremely well and it has been sensitive in all aspects except for density and environmental living there after the project is finished. He stated he would personally like to see the density of the project in the realm that was discussed at the City Council meeting when the motion was made to deny it without pre- judice when they were talking in the area of 30 to 50 units, but nobody wants to put a unit number on the designer's back; let the designer come back with his best shots. He pointed out that he really likes the project, and feels that as the project has been reviewed, it has gotten better. Some of the major impacts in access to that small par- cel over behind the Association Hall were eliminated by eliminating that from the de- sign. He believes that the drainage and engineering problems can definitely be solved and can best be solved by available rights of way. He feels very strongly that the project would be even a better project for those who are going to live there if they had longer driveways in all instances than 20 ft.; if they had a little more space between the units; and also that somewhere in the area of 40 or 50 units would enhance that. Chairman Gorsline stated he feels a lot of work has been done and this is a good project, and he feels very good about the drainage and about the school solution. The density, for him, is a very difficult thing to decide exactly what the number ought to be, and his feeling at the present time is to rely upon staff and their recommendation of the 60 -65 and not the 83 as proposed. He further stated he would be opposed to mak- ing the opening and the movement into Platino a convenient sort of thing, because in his opinion we have two separate areas and he does not see the need to connect the two except for emergency service access. Planning Director Castro pointed out that the plans being reviewed are conceptual plans and the Commission should still take a look at precise elevations, exterior materials, driveway improvements, landscaping and lighting areas, the entrance to Platino, etc., and should also receive final copies of the C. C. & R.'s for review. If prelim- inary approval is given tonight, final plans would still be subject to Commission approval. Commissioner Sebastian stated he would be more comfortable coming back at the next meeting with a better organized list of conditions for review. After a brief discussion, on motion by Commissioner Fischer, seconded by Commissioner Sebastian, and unanimously carried, that the matter be continued to the next regular meeting pending receipt of a definite list of conditions reflecting the Commission and staff's concerns on the pro - posed project. CONTINUATION OF PUBLIC HEARING - PROPOSED AMENDMENT TO THE USE PERMIT SECTION OF ZONING ORDINANCE NO. 24 C.S. FOR THE CONTROL OF ADULT ENTERTAINMENT ACTIVITIES IN ARROYO GRANDE. Planning Director Castro pointed out that the Commission has received the informa- tion from the City Attorney regarding their questions on the proposed ordinance, and they also received a copy of a.possible ordinance from the "Up With Families" group. He further reminded the Commission that the memorandum from the City Manager's office im- plied that the City Council would like the Commission to review the matter as a possible amendment to the City ordinance. Chairman Gorsline advised that the public hearing would now be continued. Mr. Jim Fortson, 145 Rosewood Lane, stated that the proposed ordinance is a step in the right direction, but it leaves the burden of proof to the taxpayers, whereas the abate- ment ordinance puts the burden of proof on the pornographer. He stated that the "Up With Families" group is in favor of both ordinances; one in conjunction with the other. He further noted that the abatement ordinance has been tested and proven and the City ordinance has not. Larry Lorenz, 709 Faeh, spoke in favor of the abatement ordinance, and encouraged the Commission to suggest to the Council to have the zoning; plus a back- up of the abatement ordinance in a form that doesn't just govern films but alborother activities. Mrs. Sue Rodkey, 1007 Fair Oaks Avenue, owner of the Fair Oaks Theater, stated they have never shown x -rated movies, and they have no intentions of ever showing them. There being no further discussion for or against the proposed amendment, Chairman Gorsline declared the hearing closed. ARROYO GRANDE PLANNING COMMISSION, 10 -16 -79 - Page 5 Commissioner Fischer stated her feelings that the Planning Commission is made up of appointed officials and not elected officials and, therefore, are not in a position to determine the morals of the community. • Commissioner Sebastian stated he feels that ordinances are past, whether they be abatement or whether they be preventative, when you have something that you need to deal with. Further, he feels that any business that is going to get a foothold in any community has to have a demand and,• in his opinion, the ability of the community to-not have at this par- ticular time a problem, depicts the integrity of this community and the people who live here, and he is not in favor of passing ordinances without an absolute need.. Commissioner Carr stated, in his opinion, we cannot legislate morality and he fur- ther stated he not feel that the permit process to control- adult entertainment would be appropriate under the zoning ordinance. - After further discussion, on motion by Commissioner Fischer, seconded by Com- missioner Carr, and carried with Commissioner Cole abstaining, that the procedure of creating the Use Permit process for the control of adult entertainment activi- ties be denied.. EIR REVIEW - KNOLLWOOD DEVELOPMENT - Planning Director Castro advised that the only consideration to be given to- the Knollwood Development tonight is to merely confirm whether the Environmental Impact Report prepared for the Ken Jones project and the additional material that has been presented by Urban Sciences, Inc. is adequate and complete to begin the review process of the proposed new development. He further stated he -finds the reports adequate enough to proceed with the review of the development. Commissioner. Sebastian read excerpts from .the general comments made by the State Water Resources Control Board.- He stated • he found the amendments to the mitigations in the EIR to be somewhat of a general nature and, in his opinion, where we do have sensitive soils and slope is a constraint, he feels that should be defined in the EIR mitigations. He feels that mitigation through the EIR pro- cess is putting constraints on the construction in specific terms rather than con- tinually talking in general terms and then leave those specific decisions to be made by staff. - After considerable discussion,- on motion by Commissioner Cole, seconded by Commissioner Cole, and carried with one "no" vote, find the report generally ade- quate to make findings for the process of conducting public hearings on the Knoll - wood rezoning and development plan. . _ADJOURNMENT - - There being no further business before the Commission, the meeting was ad- journed by the Chairman at 11 :00 P.M. ATTEST: 153