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PC Minutes 1978-05-16Arroyo Grande Planning Commission May 16, 1978 The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Harris, Moots, Simmons and Vandeveer. Commissioners Cole and Ries are absent. Also in attendance are Planning Director Castro and Planner Sullivan. MINUTE APPROVAL There being no additions or corrections, the minutes of the regular meetings of April 18th and May 2nd, 1978 were approved by the Chairman as prepared. REQUEST FOR ZONING ORDINANCE CLARIFICATION (DR, FREITAS1 Planning Director Castro referred to the information sent to the Commission several weeks ago with regard to Dr, Freitas' request, Mr. Castro pointed out that the main concern is in the area of whether or not a partial conversion of a non - conforming use can take place. He stated that a partial conversion is not noted or permitted by the ordinance and staff is concerned with the partial con- version of a non - conforming structure to a conforming, with regard to building code regulations, in that there are limitations on what you can do with a non - conforming structure vs, what you can do with a conforming building, and the fact that it is an existing structure, utilities may play an important role in that area, Mr. Castro displayed a plan of what Dr, Freitas proposes to do, point - inglout that the front portion will be used for the Doctor's office, with the back portion being used for the Doctor's residence. Mr. Stephen Cool, 528 Grand Avenue, Grover City, Attorney representing Dr, Freitas, stated that Section 9- 4.2402 of the Ordinance specifically says that the Planning Commission has the power to interpret the Ordinance in the event of ambiguities. The property is located at 118 Allen Street in the Highway Ser- vice zoned area, and offices are a permitted use; residences are not, There is presently a residence on the property, which is a valid existing non - conforming use, He stated it is the very last house in the Highway Service District; if you go one house further then you are in the R -1 District, Mr. Cool stated there are four areas in which he feels the Commission can find that Dr. Freitas has a right to take his non - conforming residence and convert part of it to a conforming office, leaving the rest of it as a non - conforming residence. He re- ferred to the non - conforming use section of the Zoning Ordinance, stating that he didn't think there was anything in there that specifically states you cannot convert part of a non - conforming use to a conforming use, Secondly, Mr. Cool stated that they are not trying to extend a non - conforming use; they are making part of it conforming and part of it non - conforming. Third, he pointed out that if the majority of the property is used as office use, he feels that the use of the remainder of the property by the owner as a residence is an accessory use, and on Page 347 of the Ordinance it talks about an accessory use being one that is incidental or accessory to the principal use of a lot or a building located on the same lot, Fourth is the area of estoppel, which may be the most tricky of the legal points that we are involved with here but is of a real concern to the applicant. He explained that Dr. Freitas looked at the property in early 1977 and talked to someone on the City staff with regard to what he proposed to do, and was told by that person that his proposal would be acceptable. Dr.Freitas then went ahead with his plans, spending a couple of thousand dollars drawing plans and doing work to the property. He did not find out until toward the end of last year that the staff was then taking the position that his proposal was not permissible. He stated there is a principal in the law called the "Principal of Estoppel ", where if a governmental agent advises somebody as to what the applic- able restrictions are and that person relies on that information, spends money and acts to his detriment, then that person has a right to rely on what he was told by that agent. Mr. Cool indicated that the applicant is willing to agree that within a reasonable period of time, the non - conforming portion of the prop- erty can be phased out; it is not a permanent situation. He further advised that if the Commission feels that his legal interpretations would cause problems, they would be agreeable to the concept of requiring a Use Permit for what they are try- ing to do, to provide some control of signs, landscaping, lighting, etc, Dr. Martin Freitas, 1070 Grand Avenue, advised that what Mr. Cool had pre- viously stated was very accurate and he felt that in view of what has taken place, he should be granted some kind of permit to convert this old house into a nice office and proceed with his plans. Planning Director Castro again referred to staff's communications on the matter and Mr. Martin Poole's statements to Dr. Freitas. With regard to Mr. Cool's statement regarding accessory use, Mr. Castro stated he didn't feel we aJ. 49 8 Arroyo Grande Planning Commission, 5 -16 -78 Page 2 are addressing the accessory uses, but that we are addressing whether or not the non - conforming use ordinance should be interpreted as meaning that you can do a partial conversion as opposed to upgrading the structure in accordance with the intent of the Ordinance. Planner Sullivan advised that he has worked with Dr. Freitas in develop- ing his plan in the event that this Commission denies the split use, he can convert the entire building and he has adequate parking for the office use. In answer to Commissioner Harris' question regarding an accessory use, Planner Sullivan read the definition in the Zoning Ordinance. He stated that an acces- sory to a chiropractic office, in this case, normally would not be a residence. Mr. Sullivan further pointed out that the P -C District specifically allows this type of use; that is split office and residential use. Commissioner Simmons stated in reading the ordinance, it doesn't prohibit partial conversions, but it doesn't permit it either. She inquired if the ap- plicant could apply for a Use Permit in this case. Planning Director Castro ,ad- 9 t,'th® ordfinancia does not petimit the Comilsolon to + a - ' it-Use Yottnit for a non - conforming use and if the Commission wishes, maybe we can tackle it from that point of view and at the same time, maybe we can get a statement from the Building Department noting what concerns they may have regarding the non -con- forming status vs, what is needed for the office use, Commissioner Harris stated he can't see how a Use Permit could be allowed here because of the way the ordinance is written since there is a long list of what uses are allowed in each particular zone, and it doesn't allow very much flexibility. He pointed out he would like for the Commission to be able to have the flexibility wherein they could grant Use Permits in cases like this so that they could keep control over it and make sure that the use is phased out in a certain period of time. Planning Director Castro suggested that Page 413 of the Municipal Code could be changed to say that a non - conforming use of a non - conforming building may be changed to another use or modified upon obtain- ing a Use Permit. He stated that, under the current ordinance, he didn't think that the use Dr. Freitas has in mind could currently be permitted, and that the only other alternative is to either modify the Code or have Dr. Freitas apply for a rezoning to the P -C District, which is the only district we have that per- mits the requested residential /professional use, Planning Director Castro advised if the Commission foresees this kind of a problem coming up more and more, then in his opinion, changing the Ordinance would be a proper procedure and have it on the books for consideration of this request and any future requests, and if the Commission is so disposed-in chang- ing the Code to permit this type of modification subject to a Use Permit, then we,would have to advertise the section to be changed and bring it back to the Commission and proceed with a recommendation to the City Council, After further discussion, on motion by Commissioner Simmons, seconded by Commissioner Harris, and carried, finding that the partial conversion of this lot with a non - conforming use and conforming use is not in accordance with the Zoning Ordinance. On motion by Commissioner Harris, seconded by Commissioner Moots, and unanimously carried, to amend the Zoning Ordinance to allow a Use Permit on this type of situation flexible enough to include the "Hogan" situa- tion or any other foreseeable situation in this type of non - conforming use, Planning Director Castro advised that the matter could be advertised and brought back to the Commission at their next meeting of June 6, 1978, CONTINUATION OF PUBLIC HEARING - GENERAL PLAN LAND USE ELEMENT MAP Chairman Gerrish reopened the public hearing on the General Plan Land Use Element Map, Mr, Carl Hogan, 1255 Poplar Street, requested that consideration be given to returning the R -3 zoning to the property under their control, Plan- ning Director Castro advised that staff is recommending that this property be designated as medium low density residential, which will allow a density of 11 units per acre, Linda Shepherd, Linda Drive, stated that those people who live adjacent to the property being proposed for Highway Service District, are ask- ing that the zoning be left as it is- which is Light Industry, Mr, Wade Osborn, 1235 Newport Ave,, inquired as to how the City can change the zoning on the parcel of property fronting on Highway 101 south of the Oak Park Boulevard off - ramp which is presently County property, Planning Director Castro advised that the General Plan permits the City to establish future land use and, what the City is doing is merely covering everything that is within the service area of the City, Marie Cattoir, 195 Orchid Lane, stated in considering the Highway Service zoning on Cherry Avenue and Traffic Way, in her opinion, in considera- Arroyo Grande Planning Commission, 5 -16 -78 Page 3 tion of the owners of new homes in that area that the Highway Service area should not be extended any deepr. In answer to Ms, Cattoir's question re- garding an EIR on the General Plan, Planning Director Castro advised that we have declared the Negative Declaration simply because we are not doing any- thing different with the land than what has already taken place, and any act: ion the Commission takes tonight doesn't delete the requirement for future EIR's being made on specific projects in the City. Mr, Joe Moore, 200 Nelson Street, spoke with regard to traffic problems and stated he still objects to this area being changed to Professional Commercial District, There being no further comments, Chairman Gerrish declared the hearing closed, Planning Director Castro suggested that the Commission consider passing two resolutions; one for the area north of the freeway and one resolution for the area south of the freeway system, Planning Director Castro reviewed staff recommendations, dated May 12, 1978, with regard to the items north of the Freeway, Items 1 through 15, It was pointed out that the property at the extreme extension of South Traffic Way was inadvertently omitted from the staff recommendations, Plan- ning Director Castro advised that this area is low density residential and should be re- classified from Highway Service District, He-asked for clarifi- cation from the Planning Commission as to whether to retain the General Plan with the Highway Service as opposed to the existing zoning, which really doesn't extend that far into it; it is about one block depth from Traffic Way, We either need to modify the General Plan to conform to the Zoning Ordinance, or modify the Zoning Ordinance to conform to the General Plan, It was agreed that this area be classified from Highway Commercial to low density residential in conformance with the Zoning Ordinance, Commissioner Moots expressed concern in that the area adjacent to the mobilehome park on the southeast corner of Traffic Way and Cherry Avenue is designated as Highway Service and is being used as agricultural and he sug- gested converting that low land to Agricultural all the way to Traffic Way in- stead of chopping it in half. After considerable discussion, it was agreed by the Commission that this area at the southeast corner of Traffic Way and Cherry Avenue be changed from Highway Commercial to Agricultural, Chairman Gerrish stated that the Commission is considering Items 1 through 15 listed in the staff recommendations, dated May 12, 1978, and two additional items, 15a and 15b as follows: 15a. Extension of South Traffic Way classified as Highway Commercial being recommended for re- classification to Low Density Residential, 15b, The southeast corner of Traffic Way and Cherry Avenue designated as Highway Commercial being recommended for re- classification to Agri- culture. There being no further discussion, the following action was taken: RESOLUTION NO, 78 -610 G A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING THE REVISED AND UPDATED LAND USE ELEMENT MAP OF THE GENERAL PLAN FOR THE AREA ON THE NORTH SIDE OF THE FREEWAY SYSTEM, On motion by Commissioner Vandeveer, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Harris, Moots, Simmons, Vandeveer and Chairman Gerrish, NOES: None ABSENT: Commissioners Cole and Ries, the foregoing Resolution was adopted this 16th day of May, 1978, 5c 5/ Arroyo Grande Planning Commission, 5 -16 -78 Page 4 Planning Director Castro reviewed staff recommendations, dated May 12, 1978, with regard to the areas on the south side of the Freeway system, Items 16 through 39. With regard to Item No. 18, the three properties along Fair Oaks Avenue and Valley Road known as the St. Patrick's Church and the Gospel Lighthouse property, and a small triangle of the Grieb property, Commissioner Simmons stated she couldn't see any reason for changing the area to Low Density Resi- dential, in view of the fact that churches are an accepted use in an Agricul- tural District, Planning Director Castro advised, in his opinion, it is wrong to label a church in agricultural land and staff feels it is more realistic to take it out of that classification and put it into low density, pointing out that the use is no longer agricultural but is in urban development, Com- missioner Harris stated until the written part of the Land Use Element of the General Plan is altered, in his opinion, we are not permitted to change this classification. Planning Director Castro advised that if the agricultural classification is maintained on this land, then the Zoning will have to label the land as Agriculture to be in conformance with the Land Use Plan, After a brief discussion, it was determined that Item No, 18 be deleted from the staff recommendations and remain as Agricultural. With regard to Item No. 24, properties fronting on the south side of Dodson Way, generally opposite the intersection of Dodson Way and South Rena Street, after a brief discussion, the staff's recommendation to change this area from Low Density Residential to Medium Density Residential was changed to "High Density Residential," so that the current use would be in conformance with the General Plana With regard to Item No. 27, properties on the south side of Farroll Avenue and bounded by the City Limits on the west and generally known as the Grand -, mother's Mobilehome Park, and one undeveloped parcel of land fronting on Farr roll Avenue, Planning Director Castro advised there is a rezoning application pending. He advised the staff's position was that the mobilehome park is, in fact, High Density Residential and we were trying to create something that is an intermediate density level between the high density residential and the ex- isting single family residences, in other words, the density of the mobilehome park would be greater than what we are permitting based on the plans submitted by the developer, Evelyn Tallman, 532 Carol Place, pointed out that there are a number of multiple units in the area now and stated that there is a very bad traffic prob- lem in the area now, and if additional housing goes in, there are going to be additional cars, After considerable discussion, Item No, 27 was carried over for further discussion later in the meeting. Item No. 30 - the block bounded by Grand Avenue, South Elm Street, Poplar Street, and Juniper Street, and excluding the southwest corner. It was pointed out that the recommendation in the staff report from Neighborhood Commercial to Medium Low Density Residential is in error, and the recommendation was corrected to read "to Highway Commercial ". Item No, 33 - The property fronting on the south side of Brighton Avenue from Courtland Street to one lot depth westerly of Fair View Drive; commonly known as the Buena Vista Terrace Condominiums and the Baden property. Commis- sioner Harris stated he objects to the High Density Residential classification, however, taking into consideration the people that are living in the condomin- iums now, the General Plan and Zoning should recognize their property rights as they exist, The Baden property is undeveloped and should go back to a low den- sity use and the zoning should go back to R -1. He suggested omitting the un- developed portion of the high density residential! on Brighton, and reclassify the undeveloped portion to low density residential, Mr. Paul Giehs, 640 Dolliver Street, Pismo Beach, Attorney for Mr, Baden, pointed out that this property has been split recte.ntly and that the present zoning for the top part of this property is zoned R -3 and has been for years, and the bottom part is C -N. He stated that the density should be the same for the entire parcel from a land use point of view, He stated that the City did grant a multiple land use to the 16 unit condominium right next door to the Baden property consistent with the R -3 land use an the zoning map. If the City were to change the entire parcel to R -2, they would be creating two problems; a non - conforming use with regard to the condominium use, and in essence would Arroyo Grande Planning Commission, 5 -16 -78 Page 5 be spot zoning the Baden property next to the 16 unit condominium. The staff is recommending the change in the General Plan to R -3 to make it consistent with the zoning map, and Mr. Baden is requesting that the Commission follow the staff's recommendation with regard to a high density land use and would object to any R -1 or R -2 density, Due to the controversy of this item, Commissioner Harris suggest- ed that a separate vote be taken on such items to decide whether or not they should be included in the overall proposal, After discussion, Commissioner Vandeveer moved to accept the staff's recommendation on Item No 33, Motion lost for lack of a second, On motion by Commissioner Harris, seconded by Commissioner Simmons, that the Baden property be deleted from Item No, 33 of the staff's recommendation to High Density Residential, The roll call vote was as follows: AYES: Commissioners Harris and Simmons, NOES: Commissioners Moots and Vandeveer, ABSTAIN: Chairman Gerrish, ABSENT: Commissioners Cole and Ries. Due to a split vote, Planning Director Castro advised that a report would be forwarded to the City Council as an inconclusive recommendation on Item No 33 of the staff's recommendation, Planning Director Castro pointed out that the property between Halcyon Road and Bennett Avenue has been deleted from staff recommendations in view of Mr, Burke's and the adjoining property owners' request that the area be labelled P -M on the General Plan to conform with the zoning designation, Planning Director Castro stated he has received a letter from Mr, and Mrs. Harris and Mr, and Mrs, Cocks, owners of the property on the corner of Grand Ave, nd Brisco Road indicating they would like to retain the 100 ft, frontage along Grand Avenue in Highway Service and the balance of the property be classified as P -M, He stated that basically the request would be in compliance with the map, and staff has no objections to the request. Commissioner Simmons pointed out that there has been a recent lot split at the end of Linda Drive, Planning Director Castro advised that the recommendation is that the property be reclassified from Highway Commercial to Low Density Resi- dential, Planning Director Castro reviewed "Other General Changes to the Land Use Element Map", 'Items 1 through 8 of staff recommendations dated May 12, 1978. After review, the Planning Commission indicated agreement with the proposed chan- ges recommended by staff, Item No, 27 was again discussed by the Commission, Mr, Roger Fuller, 271 So, Alpine Street, petitioner for the rezoning application on Farroll Avenue, stated he did a traffic study on the corner of South Elm Street and Farroll Ave, in the morning and afternoon at prime times during the week, He stated he never saw more than three cars backed up at one time in any one direction in the morn- ing, In the afternoon hours, from 4:45 to 5:45 he noted that 31 times through- out the four corners where more than one car had to stop in one direction, and again there were no more than three cars backed up at one time, So, there are a lot of cars that go through there, but their time sequence is not so bad where 7 or 8 cars are backed up at one time, With reference to the buffer zone be- tween the mobilehome park and the R - 1, Mr, Fuller advised he had 1,8 acres of land that are useable and could accommodate as many as 52 units under the R -3 density, however, in his petition he is requesting 30 condominium units, which. he feels would be a good buffer between the mobilehome park and the R -1 zone, He further stated he has talked to Mrs, Tucker, Manager of the Grandmothers' Mobilehome Park, and the people she has talked to in the mobilehome park. are all in favor of the condominium units over the R -1 zoning for single family resi- dences, In answer to Commissioner Moot's question with regard to a traffic count, Mr. Fuller stated that 349 cars were counted in the morning and 764 cars counted in the afternoon. During discussion, Mr, Fuller suggested R -3 zoning with the restriction of a maximum of 30 units, After considerable discussion among the Commissioners, it was agreed to reclassify the property from Low Density Residential to High Density Residential, with the understanding that Mr. Fuller's rezoning request be changed to R -3 -D to enable restricting the proposed condominium units on the 1,8 acres to 30 units, S 1 5/2 Arroyo Grande Planning Commission, 5-16-78 Page 6 After further discussion, the Commission approved staff recommendations dated May 12,1978, Items No, 16 through No, 39, deleting Item No, 18 and not- ing that Item No. 33 is a non - conclusive item due to a split vote of the Com- mission, plus .three - Additional items as follows: 36a. The request from Mr, and Mrs. Harris and Mr, and Mrs. Cocks that their property on the corner of Grand Avenue and Brisco Road be labelled 100 ft, deep on Grand Avenue as Highway Commercial and the back portion be labelled for HearyCommardieltLiglIt Industry, 34. That the two lots at the end of Linda Drive be reclassified from Highway Commercial to Low Density Residential; 36c, The area generally between Bennett, N. Halcyon and Grand Ave, encom- passing the Burke property and the Mobilehome Park and generally as shown on the existing zoning map from Highway Commercial to Heavy Commercial /Light Industry; plus the 8 items listed under "Other Additional Changes ", and the following action was taken: AYES: NOES: ABSTAIN: ABSENT: RESOLUTION NO. 78 -611 G A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING THE REVISED AND UPDATED LAND USE ELEMENT MAP OF THE GENERAL PLAN FOR THE AREA ON THE SOUTH SIDE OF THE FREEWAY SYSTEM, On motion by Commissioner Moots, seconded by Commissioner Vandeveer, and by the 'following roll call vote, to wit: Commissioners Moots, Simmons, Vandeveer and Chairman Gerrish, None Commissioner Harris, Commissioners Cole and Ries, the foregoing Resolution was adopted this 16th day of May 1978, RE VEST FOR NEGATIVE DECLARATION - GENERAL PLAN LAND USE ELEMENT MAP Planning Director Castro advised that staff is recommending acceptance of the Negative Declaration with the understanding that none of the properties recommended for change will be exempt from the requirement of reviewing each property on its own merits at the time of development, After discussion, the following action was taken: AYES: NOES: ABSENT: Commissioners Gerrish, None, Commissioners RESOLUTION NO, 78 -612 EIR A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL DECLARATION, On motion by Commissioner Vandeveer, seconded by Commissioner Moots, and by the following roll call vote, to wit: Harris, Moots, Simmons, Vandeveer and Chairman Cole and Ries, the foregoing Resolution was adopted this 16th day of May 1978, CHAIRMAN GERRISH DECLARED A FIVE MINUTE RECESS, THE MEETING RECONVENED AT 10 :45 P.M, WITH ALL MEMBERS PRESENT AS SHOWN ON ROLL CALL, CONTINUATION OF PUBLIC HEARING AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT TEXT RE: PRIME I AND II AGRICULTURAL LANDS Chairman Gerrish reopened the public hearing, tlemaing =wearer . Castre °stated :that in keaurdance Vi Adireetive of thigAnsandugHCommisgion, It was .staf f's"tnndera darig .that - COmmission's main objections to the proposed policy for Prime I and II agricultural lands were as 1 1 1 1 1 Arroyo Grande Planning Commission, 5 -16 -78 Page 7 follows: 1) That zoning matters should not be instigated at the Council level. 2) That the idea of a 4 /5th majority vote by the Council is not necessary be- cause it is not in keeping with the normal voting procedure of the City, 3) That 'the.:Connnission basically endorses the General Plan text recommendation that Prime I and II land should retain the 5 acre minimum,provided, however, that if the property owner wishes to develop his land with a more intense use or density, the procedure for amending the General Plan text intent, the General Plan Map, and the zoning should be no different than any other General Plan amendment or re- zoning request. Mr. Castro stated if he understood the Commission correctly, then it would appear that the General Plan Text as presently written is satis- factory. He felt that the basic issue here is recognizing the land use of the property; whether it is RA -B3 or Prime I or Prime II, agricultural or whatever. If you do recognize the Prime I or II, then the text does speak to a 5 acre min- imum. The only way that that could be lifted would be through the process of amending the General Plan and recognizing that can no longer be valid and, if that is true, then the General Plan amendment would come first, then the Environ- mental Impact Assessment and staff review. Once the Commission has made that determination and the Council accepts it, it would automatically open the door for the Commission to consider any other zoning. There being no comments from the audience, Chairman Gerrish declared the hearing closed, Commissioner Harris suggested that Page 14 of the Land Use Element be amend- ed to read as follows: "On the General Plan map, a five acre minimum parcel size (002,dwelling units per acre) shall be •resumed a..ro•riate for Prime A :ri- cultural Land. This •resu'.tion ma be rebutted and such land divided into smaller •arcel sizes and such land desi:nated as non- a :ricultural uses u•on the resentation of clear evidence usin: the criterian on Pares 7 and 8 that such changes are appropriate ". Commissioner Harris pointed out that Pages 7 and 8 simply outline the items which are supposed to be taken into account anytime a General Plan change is made. He stated, in his opinion, this change would make it a little less likely that the City is going to get in trouble than the way it is written right now. Planning Director Castro advised he would agree that the recommended change spells out more clearly the procedure that the Commission and Council can take to remove property from the Prime I and II lands. It was the concensus that the paragraph on Page 14 of the General Plan Element requires clarification and that the matter be reviewed again at the next meeting. Commissioner Harris re- iterated he would like to dispell some misconceptions that he is not leading the fight to try to convert farmland into non - farmland use, and he is simply trailing behind some decisions that have already been made in trying to correct what he thinks potential ambiguities that could lead the City into problems in the future. CONTINUATION OF PUBLIC HEARING - REZONING CASE NO. 78 -116, 1219 FARROLL AVE. SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -3" MULTIPLE FAMILY DISTRICT (FULLER /DAVINO) Chairman Gerrish advised that this matter would be continued to the next regular meeting.of June 6, 1978. • " R- .1" CONTINUATION OF PUBLIC HEARING - REZONING CASE 78 -117 STAGE COACH ROAD "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT TO "R -1" SINGLE FAMILY (ZOGATA), Planning Director Castro advised that staff has not yet received the pre- liminary development plans on this matter and requested this item be carried over to the June 6, 1978 meeting. RESIDENTIAL DISTRICT REVIEW COMMITTEE ACTIONS - LOT SPLIT CASE NO. 78 - 295 HUASNA ROAD BRENNAN Planner Sullivan advised that the proposed lot split is adjacent to Tract No. 555, Unit 2, and the zoning is "RA -B1 ", and the proposal is to create two 10,000 square foot parcels having access off of the cul -de -sac, and one 65,34 ft. parcel having access off of Huasna Road. Mr. Sullivan reviewed the condit- ions of the Minor Subdivision Committee Action, dated May 10, 1978. Planner Sullivan stated that a letter has been received from Mr. Brennan appealing the requirement for curb, gutter and sidewalk on the Huasna Road frontage. Planning Director Castro pointed out that there is no way the Com- mission can exempt Mr. Brennan from this standard requirement of the Ordinance, however, the Commission can make a recommendation to the City Council. Commis- 473 Arroyo Grande Planning Commission, 5 -16 -78 Page 8 signer Vandeveer stated he attended the meeting of the Lot Split Committee and he felt that Mr. Brennan's request was a valid one, in that he lives there, there are no curbs, gutters or sidewalks there now, and Mr. Brennan has stated that should he ever do anything further with this land, he would install curb, gutters and sidewalk. After discussion, on motion by Commissioner Vandeveer, seconded by Commis- sioner Moots, andonanimously carried, that a recommendation be made to the City Council to delete the requirement for curb, gutter and sidewalk on the Huasna Road frontage of Mr. Brennan's property. RE UEST FOR NEGATIVE DECLARATION - LOT SPLIT CASE NO, 78 -295 HUASNA RD, BRENNAN Commissioner Vandeveer pointed out that a Focus Report was recently prepared on the adjoining property and, in his opinion, it would be appropriate to accept the Negative Declaration for this property. After discussion, the following action was taken: RESOLUTION NO. 78 -613 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL DECLARATION. On motion by Commissioner Vandeveer, seconded by Commissioner Harris, and by the following roll call vote, to wit: AYES: Commissioners Harris, Moots, Simmons, Vandeveer and Chairman Gerrish. NOES: None. ABSENT: Commissioners Cole and Ries. the foregoing Resolution was adopted this 16th day of May 1978, STUDY SESSION ON SIGN ORDINANCE Chairman Gerrish advised that the matter of the Sign Ordinance would be continued to the next regular meeting of June 6, 1978. ARCHITECTURAL REVIEW CASE NO, 78 -168 - TACO BELL GRAND AVE. Planning Director Castro advised that the Taco Bell representative informed him they have decided to address the Architectural Review Committee first prior to coming before the Planning Commission, HOME OCCUPATION PERMITS Planning Director Castro advised with regard to Home Occupation Permits, staff feels the interpretation of the Secondary Home Occupation is rather broad, and would like to bring this before the Commission in the near future for further review. CENTRAL COAST CHRISTIAN ACADEMY Planning Director Castro advised that the Central Coast Christian Academy is proposing a new classroom of the same basic structure previously approved by the Commission. He stated he didn't see any problem with the addition from an administrative point of view. After a brief discussion, the Commission requested that the proposed classroom addition be brought back to the Commission for re- view at the next meeting. RACQUETBALL CLUB ON CORNWALL STREET, With regard to the concerns of Mr. Johanknecht, 204 Oak Street, regarding the Use Permit issued for the racquetball club on Cornwall Street, Planning Director Castro advised he has met with the property owners and reviewed the construction of the walls. He stated there will be some noise but probably not as much as Mr. Johanknecht had anticipated. Mr. Castro stated, in his opinion, the matter has been reasonably resolved. He pointed out there is a ipa::*ith the property line and that the fence on the developer's property may have to be moved over maybe 6" to 8" on to Mr. Johanknecht's property to accommodate legal parking size stalls, and the developer would have to bear the expense of moving the fence. r 1 1 1 Arroyo Grande Planning Commission, 5 -16 -78 Page 9 SIGN FOR OAK PARK ACRES As a matter of information, Planner Sullivan displayed a drawing of a pro- posed sign submitted by Mr. Kvidt's sign agent for Oak Park Acres, The sign is to be mounted on a slump stone wall at the corner of West Branch Street and Oak Park Boulevard; it is 8 ft, long and about 3 ft, high. ADJOURNMENT There being no further business before the Commission, on motion by Commis- sioner Moots, seconded by Commissioner Vandeveer, and unanimously carri_.•, the meeting was adjourned at 11035 P.M. airman