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PC Minutes 1979-03-06Ln 72 Arroyo Grande Planning Commission March 6, 1979 The Arroyo Grande Planning Commission met in regular session with Vice Chairman Gorsline presiding. Present are Commissioners Cole, Fischer, Gorsline, Moots and Simmons. Commissioner Vandeveer and Chairman Harris are absent. Also in attendance are Planning Director Castro and Planner Sullivan. MINUTE APPROVAL Upon hearing no additions or corrections, the minutes of the regular meetings of February 6, 1979 and February 20, 1979 were approved by the Vice Chairman as prepared. ADDITIONS OR DELETIONS TO THE MINUTES Planning Director Castro requested, under Agenda Item 12, that the refer- ral from the City Council regarding the Grandmothers' Mobilehome Park and the Fuller /Davino property on Farroll Road be added to the Agenda. COMMISSIONER VANDEVEER ENTERED THE MEETING AND IS NOW PRESENT. REVIEW COMMITTEE ACTIONS: ARCHITECTURAL REVIEW CASE NO. 79 -186; 28 UNIT APART- MENT COMPLEX, FAIR OAKS AVENUE - RESUBMITTAL (VIP FUTURE CORP.). Planner Sullivan reviewed the proposed plan for the 28 unit apartment com- plex. He advised that the Architectural Review Committee approved the project subject to the 13 conditions listed in their report. Commissioner Cole again pointed out that as land gets more critical, people are going to be living closer and closer together and, in her opinion, the need for soundproofing mul- tiple dwellings is going to become a great issue. She suggested that the City review the matter and come up with a little bit better soundproofing standard than the minimum standard they now have. Planning Director Castro advised that the City has the normal building code standards, which do not require double wall construction. There is a certain amount of insulation that is done, but not to the extent that Commissioner Cole is talking about, and to achieve that level, the Ordinance would have to be amended. After further discussion, on motion by Commissioner Gorsline, seconded by Commissioner Cole, and unanimously carried, Architectural Review Case No. 79 -186 was approved subject to the conditions listed in the Architectural Review Com- mittee Action, dated February 28, 1979. CHAIRMAN HARRIS ENTERED THE MEETING AND ASSUMED THE CHAIR. REVIEW COMMITTEE ACTION: LOT SPLIT CASE NO. 79 -304, 416 ALLEN STREET AND AD- JOINING PROPERTY (BALDWIN). Planning Director Castro reviewed the proposed lot split on Allen Street. He advised that the alignment has been plan lined for a number of years and the proposed split is in conformance with the City's requirements for the improvement of Railroad Avenue; and that the lots meet the minimum requirements and conforms to the General Plan. There being no further discussion, on motion by CommissonernCole, seconded by Commissioner Moots, and unanimously carried, Lot Split Case No. 79 -304 was approved subject to the 16 conditions listed in Minor Subdivision Committee Action dated February 28, 1979. REQUEST FOR NEGATIVE DECLARATION - LOT SPLIT CASE NO. 79 -304, 416 ALLEN STREET (BALDWIN) . Upon hearing no comments from either the audience or Commission, the follow- ing action was taken: RESOLUTION NO. 79 -654 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL IMPACT DECLARATION. On motion by Commissioner Cole, seconded by Commissioner Vandeveer, and by the following roll call vote, to wit: AYES: Commissioners Cole, Fischer, Gorsline, Moots, Simmons, Vandeveer and Chairman Harris NOES: None ABSENT: None the foregoing Resolution was adopted this 6th day of March 1979. Arroyo Grande Planning Commission, 3 -6 -79 Page 2 CONTINUATION OF PUBLIC HEARING - USE PERMIT CASE NO. 79 -279, CONSTRUCTION OF DISTRICT ADMINISTRATIVE OFFICES, ORCHARD AVE. AND PILGRIM WAY (LUCIA MAR UNIFIED SCHOOL DISTRICT.). Planning Director Castro advised that in addition to the plans that had previously been submitted to the Planning Commission, tonight the lot split defining the property deeded by Mr. Gearing to the School District will be considered. Mr. Castro referred to the letter from Mr. Hoagland, dated Febru- ary 28, 1979, and one from Henry Wachtmann, dated March 5, 1979, advising that they have received word from Cuesta Title Guaranty Company that a Resolution of Acceptance from the Lucia Mar Unified School District Board of Education is the one remaining requirement for them to transfer ownership of the .8 of an acre from Mr. Gearing to the School District. Mr. Wachtmann further advised that the Board would meet on the matter on March 13, 1979. Mr. Castro also referred to his memorandum to the Commission, dated March 6, 1979, outlining the 6 conditions of approval for the Record of Survey. In further reference to Mr. Hoagland's letter of February 28, 1979, Plan- ning Director Castro advised that the staff is not supportive of the statement on the second page with regard to the improvements to the effect that "unless further extended by .the City ". Mr. Castro advised it is staff's feeling that the improvements are desirable at this point in time and should be made at the time the building is completed. Mr. Brian Hall, Architect for the School District, questioned the item of the bumper stop requirement of parking spaces in the.back area due to the pos- sibility of large vhicles coming into the back area, and he requested that the bumper stops in that particular area be eliminated. He further pointed out that they are planning on having a surface drainage swale in that area, and bumper stops would tend to block it. Mr. Castro advised there would be no prob- lem eliminating those bumper stops. There being no further discussion for or against the proposed Use Permit, Chairman Harris declared the hearing closed. After a brief discussion, the following action was taken: RESOLUTION NO. 79 -655 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 79 -279. On motion by Commissioner Vandeveer, seconded by Commissioner Cole, and by the following roll call vote,- to wit: AYES: Commissioners' Cole, Fischer, Gorsline, Moots, Simmons, Vandeveer and Chairman Harris. NOES: None ABSENT: None the foregoing Resolution was adopted this 6th day of March 1979. On motion by Commissioner Cole, seconded by Commissioner Vandeveer, and unanimously carried, the architectural design of the proposed project was approved subject to the conditions listed in staff report dated March 6, 1979. Planning Director Castro advised that the plan would be modified showing where the swale is and removing the bumper stops. On motion by Commissioner Cole, seconded by Commissioner Vandeveer, and unanimously carried, Lot Split Case No. 79 -307 for the Lucia Mar School District was approved subject to the six conditions listed in the staff report, dated March 6, 1979. REQUEST FOR NEGATIVE DECLARATION - USE PERMIT CASE NO. 79 -279, CONSTRUCTION.OF DISTRICT ADMINISTRATIVE OFFICES, ORCHARD AVE. AND PILGRIM WAY (LUCIA MAR SCHOOL DISTRICT). After a brief discussion, the following action was taken: RESOLUTION NO. 79 -656 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL IMPACT DECLARATION. 07� 74 Arroyo Grande Planning Commission, 3 -6 -79 Page 3 On motion by Commissioner Cole, seconded by Commissioner Vandeveer, and'by the following roll call vote, to wit: AYES:. Commissioners Cole, Fischer,•Gorsline, Moots, Simmons, Vandeveer and Chairman Harris NOES: None ABSENT: None the foregoing Resolution was adopted this 6th day of March 1979. PUBLIC HEARING - REZONING CASE NO. 79 -125, 590 AND 536 E. CHERRY AVENUE, "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT TO "R -1 -D" SINGLE FAMILY RESIDENTIAL (MARSALEK ESTATE). Commissioner Vandeveer noted that since he lives in an area affected by this rezoning, he would refrain from voting on the rezoning. Chairman Harris stated, in his opinion, considering the size of the project and the type of project it is, being of a general couu«unity nature, that Mr. Vandeveer would not have a conflict of interest on the subject. Planning Director Castro reviewed the staff report dated March 1,1979, and the City Engineers report on drainage, dated March 2, 1979. With regard to the review process of this project, Planning Director Castro suggested a different procedure be followed. Mr. Castro pointed out that be- cause we have been "shot down" in the past, and not knowing where we stand in terms of densities and /or zoning, staff would recommend proceeding in getting the Commission's views on either approval or disapproval on the zoning matter and the conceptual arrangement of the lots being shown on the plan. Then, if the Council also endorses the idea, the property owner is in a better position to evaluate whether or not the other expenses which he will have to incur are something that he can afford on his project. Then staff can proceed with all other reports that are necessary and the Commission will then get that informa- tion for approval before the project is finally sent to the City Council. Planning Director Castro reviewed the tentative map for Mr. Marsalek's project, pointing out staff's objection to the plan. He further presented a map that he prepared that identifies the various points noted in the staff report. Upon being assured by Planning Director Castro that public hearing for Re- zoning Case No. 79 -125 had been duly published, posted and property owners noti- fied, Chairman Harris declared the hearing open. Mitch Walker, Engineer for the applicant, spoke in favor of the zone change request, stating it was their feeling that the " -D" designation provides the City with the ability to put the same conditions on the development that the "P -D" zoning would allow. He further pointed out it is their feeling that the circula- tion pattern as described by Mr. Castro is very logical and probably the only workable one. He stated that they would be willing to accept the exhibit that Mr. Castro has put together on the rezoning, and they would like to have any com- ments the Commissioners can give on which way to go, not only on the use of the property, but also the physical layout of it. With regard to the staff report and the EIR designation, Mr. Walker pointed out that on the former request to re- zone to the R -1 District, the Commission had granted a Request for Negative Declaration. Also, when the subdivision plan was-submitted, a very comprehensive drainage report was also submitted. What was done was a computer modeling using the recent Corps of Engineers studies to determine the channel sizes necessary for this property. He pointed out that if the drainage coming into the property can be handled in the existing subdivision, there is a-very specific design for it. He further stated he feels they have the technical data already prepared and addressed to the alternatives. • Mr. Tony Marsalek, 536 E. Cherry Avenue, executor of the estate of Fred Marsalek, spoke in favor of the zone change. Mr. Kurich, Cherry Avenue, stated he lives on Cherry Avenue opposite of this project, and questioned what is going to happen to the Newsom Springs water, and also if you are going to run that water through that property, who is going to be assessed for it? Planning Director Castro advised staff is suggesting in their report that a specific drainage plan be prepared by the developer, and that out of that plan will come the solutions and cost factors, and how the costs will be distributed. Mr. Albert Stilwell, Arroyo Grande Planning Commission, 3 -6 -79 Page 4 734 Myrtle Street; Tillie Ritchie, one of the heirs of Fred Marsalek's property; Dave Hook, 504 Launa Lane; and Tom Runnels, Valley Road, spoke in favor of the zone change. Mill Osardi, 530 Los Olivos Lane, inquired if it is correct that all of the traffic will not be dumping onto Los Olivos. Planning Director Castro advised that the applicant has chosen a plan that does have ingress and egress from Cherry Avenue, as well as Los Olivos. Mr.. Osardi stated he would be in favor of the project. Mr. Bill Laten, 524 East Cherry, stated he is not against the project itself, but he would be against all of the traffic dumping onto Los Olivos. There being no further discussion for or against the proposed rezoning, Chairman Harris declared the hearing closed and restricted further discussion to the Commission. Commissioner Cole stated she would be in favor of the R -1 -D zoning for that area, and that she is in favor of the smaller lots because land is becoming very precious and we need to utilize what we have here. Commissioner Vandeveer stated he is in favor of the R -1 zoning on the property. He agreed with Commissioner Cole with regard to conservation of property; it is good land and would be a very suitable and desirable subdivision. He further stated he is against the large lots as a buffer zone and, in his opinion, the fencing and landscaping that Mr. Castro suggested would be more than sufficient as a buffer. He further stated that he did not agree with all of the traffic going onto Los Olivos. Commissioner Moots commented that over the years prime agricultural land has been discussed, and now it has been determined that if the land is not productive, the owner should be allowed to do something different with it. He further stated he is in favor of the R -1 -D zoning, and agreed with the type of plan that staff has worked up. He further stated he felt the drainage solution has to start somewhere and prob- ably should start with this one, and, in his opinion, the City in conjunction with the developer should get some kind of cohesive plan that will work and get it started and determine what is the most feasible way to take care of this water, and take the necessary steps to carry it through. Commissioner Fischer stated she is concerned with the fact that this is still classified as prime agricultural land, and she is opposed to taking agricultural lands out of production. Commis- sioner Simmons stated she agreed with Commissioner Fischer to the effect that she doesn't like to see the conversion of agricultural land. Commissioner Gorsline stated he shared the same concerns as Commissioners.Fischer.and Cole with regard to prime agricultural land being converted. Also, he was concerned about the.im- pact to the schools, and inquired if anything was being done about this problem. He stated he doesn't know how many new dwelling units are coming into the Arroyo Grande area; that the schools are full, and that someplace along the way we are going to have to deal with that issue. Chairman Harris commented that this City has shown by the City Council action in modifying the. General. Plan to allow de - . velopment under certain circumstances of prime agricultural land, has indicated that they feel that projects of this type would be appropriate, in fact, the modi- fication was done in response to this particular piece of land. He further stated that his personal preference would be to leave it agricultural, however, in re- sponse to not only the City Council actions, but in response to members of the community, he would be in favor of recommending the zoning change to R -1 -D. He further stated he would be in favor of the general project, but as far as the design, he would not be in favor either one of them, but that is a de- sign feature and he didn't think it would.be appropriate to go into it.right now. He stated he would be in favor of the Request for Negative Declaration provided that reports which are acceptable to the City staff are made on drainage. After discussion, the following action was taken: RESOLUTION NO. 79 -567 Z RESOLUTION OF THE PLANN1NG.COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE AS PROVIDED BY CHAPTER 4 ZONING, ARTICLE 32 OF SAID CODE. On motion by Commissioner Cole, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: . Commissioners Cole, Moots, Vandeveer and Harris NOES: Commissioners Fischer, Gorsline and Simmons ABSENT: None the foregoing Resolution was adopted this 6th day of March 1979. 075 r75 Arroyo Grande Planning Commission, 3 -6 -79 Page 5 REQUEST FOR NEGATIVE DECLARATION - REZONING CASE NO. 79 -125, 590 AND 536 E. CHERRY AVENUE (MARSALEK ESTATE). Planning Director Castro stated it is staff's recommendation that the Focus Report be in the areas of prime agricultural land, schools and drainage. Chairman Harris stated that obviously the most important -part is the drainage, as far as the work that they have to do on this individualpproject. As far as the matter of schools it is simply reviewing what has already been submitted and, in his opinion, the least important at this stage is the prime agricultural land because the primary decision has already been made. Commissioner Gorsline requested that statistics on impact to schools of pending subdivisions be in- cluded in the Focus Report. After a brief discussion, the following action was taken: AYES: NOES: RESOLUTION NO. 79 -658 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING NEGATIVE ENVIRONMENTAL IMPACT DECLARATION AND REQUIRING A FOCUS REPORT, • On motion by Commissioner Gorsline, seconded by Commissioner Cole, and by the following roll call vote, to wit: Commissioners Cole, Fischer, Gorsline, Moots, Simmons, Vandeveer and Chairman Harris None ABSENT: None the foregoing Resolution was adopted this 6th day of March 1979. PUBLIC HEARING - REZONING CASE NO. 79 -124, "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT TO "RA -B2" RESIDENTIAL AGRICULTURAL DISTRICT, 181 TALLY HO ROAD (SHIGINAKA). Planning Director Castro advised, as noted in his staff report, that in addition to this rezoning application, we also have the Canyon Way pending application requesting the same zone change. He pointed out that, in his opinion, there are two alternatives the Commission can follow. One is to con- sider each application individually on its own merits, which basically would result in a non - conforming type of land use arrangement and possibly spot zoning. The other alternative would be to make a comprehensive study of the entire area in an effort to determine what is realistic from a zoning point of view with the current lot configurations. He further advised • he would be in favor of a comprehensive plan which will address the problem and, hopefully, resolve some of the concerns of those property owners. He suggested that a comprehensive review of the area be implemented and that the rezoning and lot split be held in abeyance until that study is com- pleted, which should be some time in April. Mitch Walker, representing the applicant, stated they would have no ob- jections to an area wide study of the area, in fact, they would prefer a re- look of this specific area. After a brief discussion, the matter was continued, subject to a review of the entire area for possible rezoning. CONTINUATION - INTERPRETATION REGARDING RESIDENTIAL DENSITIES - PROPOSED SUB- DIVISION OF PROPERTY FRONTING ON HALCYON ROAD, TODD LANE AND OLIVE ST. (GARING, TAYLOR AND ASSOCIATES, • AGENTS:FOR MR. LACKEY) . Planning Castro commented that, as stated his report dated March 2, 1979, he has no argument with Mr. Gering on the fact that the areas he pointed out at the last meeting are consistent with the 4.5 density. His ques- tion is - what areas do you consider proper as far as ownerships are concerned of the various property owners that wish to subdivide their land; in_other words, public streets are not part of that consideration. He further advised that staff has gone back through many parcel maps in the City and none of them ...:t have ever considered taking part of that right of way. What they do take into consideration is that portion that they are dedicating to the City for future widening. He stated the General Plan is specific, in that you have to meet that 4.5; that times the net acreage the property owner has, should . yield the total number of lots. He pointed out that his concern here is that we only consider the net acreage that the person owns at that point in time; not half of the street that was previously dedi- cated, or was part of a previous dedication on another project. Arroyo Grande Planning Commission, 3 -6 -79 Page 6 Mr. Bob Garing, of Garing, Taylor and Associates, Inc., reviewed the pro- posed Tentative Tract No. 810, pointing out that it does comply with the Zoning Ordinance. Planning Director Castro pointed out that it does not comply with the General Plan, and there is no way that property can yield 9 lots based on the General Plan, which is the dominating tool. Mr. Garing then questioned if all of the previous subdivisions have been in compliance with the General Plan, stating what they are presenting is no different; the lot sizes are precisely what is stated in the Zoning Ordinance. Chairman Harris advised he would vote in favor of the way densities have traditionally been computed in the City at this time, and that he would like to look at it some more because, in his opinion, there should be a system worked out where there is more even land usage. He further advised he would like to study the matter and within the next month or so, come back to the Commission with some recommendations. After considerable discussion, on motion by Commissioner Fischer, second- ed by Commissioner Cole, and unanimously carried, accepting the staff's inter- pretation for computing residential densities. REQUEST FOR DETERMINATION OF USE IN THE "C -N" NEIGHBORHOOD COMMERCIAL DISTRICT (MARTYN). Planning Director Castro referred to the staff report, dated March 2, 1979, and the letter from Mr. Martyn, dated February 14, 1979, requesting an inter- pretation of the "C -N" District for chiropractic offices in the Sunrise Shopping Center. It was the general concensus of. the Commission that the type of use re- quested would not be appropriate in the "C -N" District because it is designed basically as a neighborhood convenience center. After considerable discussion, Commissioner Fischer pointed out thatBusi- ness and Professional Offices are listed as a permitted use in the Zoning Ordi- nance and "chiropractor" is listed under the Definition of Professional Offices. Planning Director Castro advised that he would notify the applicant that chiro- practic offices are a permitted use in the "C -N" District under the current Zoning Ordinance. ARCHITECTURAL PLANS FOR TWO UNIT APARTMENT ON POPLAR STREET (HOGAN). Planning Director Castro referred to his memo to the Commission, dated March 2, 1979, pointing out that there was a question at the Architectural Re- view meeting regarding uses permitted in the "R -2" District and, in his opinion, detached single family dwellings, duplexes and single structures are permitted. He reviewed the plans of the proposed development, pointing out that the paving and parking all conform to City standards, and the landscaping is detailed and is adequate. He further advised that the plans, if approved, would have to be subject to certification of zoning. Commissioner Simmons commented that the trash area shown on the map is quite a distance from the units. Mr. Hogan advised that it was probably put there for the convenience of the trucker, but that it could be relocated. He further advised that they want to usesstucco and composition shingles on the roof to match what is already there. Chairman Harris pointed out that the plans are not exactly the way it is going to be built, however the Commission could approve them now stipulating the change from wood siding to stucco and composition roof, or they could ask that the plans be resubmitted. After discussion, on motion by Commissioner Gorsline, seconded by Commis- sioner Vandeveer, and unanimously carried, approving the changes to stucco and composition ,roof, and also that the moving of the trash area. so that would be closer to the rear units, and subject to conditions listed in the staff report, dated March 2, 1979. CONTINUATION - RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION - CLASS II BICYCLE PATHWAY ON JAMES WAY. Planning Director Castro referred to the memo from City Engineer Karp, dated March 2, 1979, regarding the comparison of costs for the installation of a Class II Bike Way on James Way as opposed to the costs of a Class III system. 077 Arroyo Grande Planning Commission, 3 -6 -79 Page 7 Mrs. Judy Weingard, 251 So. Alpine Street, representing the Parks and Recreation Commission, spoke in favor of the Class II Bike Way system for James Way, and commented that the Commission feels the Class III system would not meet anyone's needs and would be a waste of the taxpayers' money. Planning Director Castro pointed out that James Way is designed for two travel lanes and two other lanes that can be used either for parking or the'bi- cycle system, but you cannot have both the parking and the bike system. After further discussion, on motion by Commissioner Fischer, seconded by Commissioner Gorsline, and carried with one "no" vote, accepting the recommenda- tion of the Parks and Recreation Department for a Class II bicycle pathway on James Way. REVIEW OF THE SCENIC ELEMENT OF THE GENERAL PLAN. Planning Director Castro advised that the Planning Commission had previous- ly received a hearing draft on the Scenic Element and staff would recommend that the public hearing be set for the next meeting of March 20th. FAIR SHARE HOUSING ALLOCATION Planner Sullivan briefly reviewed the staff report, dated March 1, 1979, on Housing Needs Allocation. He stated this is a fair share allocation of development income and age category in our market area which is basically the South County. After discussion, on motion by Commissioner Vandeveer, seconded by Commis- sioner Moots, and carried with one "no" vote, recommending acceptance of the Fair Share Housing Allocation and that the City Council, in the resultant im- plementation, give the Commission both guidance and support. REFERRAL FROM THE CITY COUNCIL ON ITEM NO. 28 OF THE LAND USE /ZONING ORDINANCE REVIEW. Planning Director Castro reviewed the matter of the zone classification for the Grandmothers' Mobilehome Park and Fuller /Davino property on Farroll Avenue. He advised that the Council has recommended that the Grandmothers' Mobilehome Park be classified as "R -3" District, with the Fuller /Davino prop- erty in the RR -2" classification. After a brief discussion, on motion by Commissioner Cole, seconded by Com- missioner Fischer, and unanimously carried, the Commission reaffirmed their previous position that the Grandmothers' Mobilehome Park be labeled for high density residential and the Fuller /Davino property be labeled for the medium high density residential on the General Plan Land Use,Map and be zoned "R -G -D ". REPLACEMENT FOR CHAIRMAN HARRIS ON THE ARCHITECTURAL REVIEW COMMITTEE. Commissioner Moots volunteered to replace Chairman Harris on the Archi- tectural Review Committee. ORAL COMMUNICATIONS Commissioner Cole advised she would be out of the State for the Planning Commission meeting of March 20, 1979 and also that she would not be here for the City Council meeting of March 27th. Commissioner Simons was designated to attend the City Council meeting of March 27th as the Commission's repre- sentative. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned by the Chairman att 11 :30 P.M. ATTEST: n Secretary Chai man 1 1