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PC Minutes 1977-05-03Arroyo Grande Planning Commission May 3, 1977 The Arroyo Grande Planning Commission met in regular session with Chairman Pope presiding. Present were Commissioners Cole, Gerrish, Hitchen, Moots and Ries. One vacancy exists on the Commission. Also in attendance were Planning Director Gallop and Planning Aide Sullivan. MINUTE APPROVAL Director Gallop noted that in transcribing the minutes of the meeting of April 19, 1977, the Use Permit Case number for Patio Home Care was in- advertently written as 75 -214, and should be corrected to read Use Permit Case No. 75 -234. There being no other additions or corrections, Chairman Pope approved the minutes of said meeting as corrected. APPOINTMENT OF TEMPORARY PLANNING COMMISSION SECRETARY Director Gallop advised that Mrs. Pearl Phinney would be filling in as temporary secretary, but recommended that he be appointed Acting Secretary of the Planning Commission until such time when a new full time secretary is hired replacing Mrs. Bento, and advised it will probably be another month be- fore someone can be broken in. After discussion, on motion by Commissioner Moots, seconded by Commissioner Cole, and unanimously carried, Mr. Gallop was appointed as Temporary Planning Commission Secretary until such time when a permanent secretary has been appointed. APPOINTMENT TO LOT SPLIT /ARCHITECTURAL REVIEW COMMITTEE Chairman Pope stated that Committee appointments are necessary in view of Mr. Mathews' resignation and the length of time that the current Lot Split/ Architectural Review Committee has served. Director Gallop stated that the meetings are held at 1:30 P.M. on. Wednesday prior to Commission meetings. Commissioner Pope asked for volunteers to serve on the Lot Split /Architectural Review Committee. Commissioner Cole volunteered to serve as an alternate on the Committee; Commissioners Ries and Hitchen agreed to serve as.members of the Committee. PUBLIC HEARING - USE PERMIT CASE NO. 77 -258, 1493 BRIGHTON — CONDOMINIUM OR PLANNED UNIT DEVELOPMENT (DE BLAUW) COMMISSIONER GERRISH HAS BEEN EXCUSED DUE TO A POSSIBLE CONFLICT OF INTEREST AND IS NOW ABSENT. Upon being assured by Planning Director Gallop that Use Permit Case No. 77 -258 had been properly advertised, posted and property owners noti- fied, Chairman Pope declared the public hearing open. Director Gallop advised that the building permits for these units were originally issued as an apartment structure and went through the usual procedures before the Commission and with the Architectural Committee. This property is zoned R -3 and permits were issued accordingly. Soon after the construction began, Mr. De Blauw explored the possibility of conversion to condominium and came in.to_the Building Department and amended the plans for the development to comply with building code requirements for a condominium. Director Gallop outlined the basic differences between an apartment structure and condominiums, stating that condominiums are individually owned homes; they will not be under common ownership. Where there were 16 single apartment units proposed originally, there are now proposed 16 single family homes and a 17th unit. The 17th unit is all of the common open space and exterior skin of the building, and this is all owned jointly by the 16 owners of the dwelling units. There are 16 dwelling units, but in buying a condominium, you buy one sixteenth of the total exterior of the skin of the building, plus all of the open space; in other words, all the lawns, driveways, etc. are owned jointly by the 16 owners who live there. There is another basic difference, in that an apartment structure is one building and this is, in essence, 16 buildings because there has to be a one hour fire wall between each one of these units; this is not a requirement in an 359 360 Arroyo Grande Planning Commission, 5 -3 -77- Page 2 apartment structure. Each have to be individually metered and individually served, or they could be served by a master meter and each person pay a direct proportion- ate share of the total billing, but normally the procedure is for each ownership to have its own water meter, electric meter, etc. They are truly an individual dwelling unit. Probably the greatest gain in conversion from apartments to con- dominiums is the fact that each person now has a direct interest in ownership in the exterior part of the building, and they jointly take care of the maintenance of it; each family pays so much a month towards the total continual maintenance of all the exterior common area, which is the 17th unit. Where an apartment owner, as an individual or group, may tend to "milk" out a unit; this way the individual owners have a definite interest in the maintenance and upkeep of the structure, so this is a definite plus in that type of development. Director Gallop further pointed out that in the Zoning Ordinance, as it stands today, probably condominiums would no longer be treated as a Use Permit procedure because this was put into the Ordinance 10 years ago when condominiums were not commonly known, and today they are controlled under State law to the point where there is not a great deal that can be done other than the straight subdivision procedure. Condominiums have to go through the subdivision pro- cedure just as any single lot subdivision. Mr. De Blauw is in the process of developing a subdivision map which will come before this Commission in the very near future. Chairman Pope explained that at the present time the property is zoned "R -3" and is available for apartment use as it stands right now. Mr. De Blauw has requested that we issue a Use Permit to allow him to go from apartment complex to condominiums which would provide ownership to each one of the units rather than renting the units. Emma Swan, 1304 Brighton; Joyce Beiler, 1304 Brighton; and Tom Higdon, 183 Fairview Drive, spoke in favor of the change to condominiums. There being no further discussion for or against the proposed Use Permit, Chairman Pope declared the hearing closed. In answer to Commissioner Moots' question inquiring if the parking re- quirements were any different for the condominium than for the apartments, Planning Director Gallop stated that there was no difference. Commissioner Hitchen asked if the only modification is the one hour fire wall in changing from apartment to condominium. Director Gallop advised that this was one of many; a subdivision map is required, there is a homeowners' association re- quired, and individual metering which is quite expensive. The main difference between a regular wall and a fire wall is the fire wall has to be one hour fire resistant, which is double sheetrock on both sides on a 6" division, and it has to go up clear to the roof through the attic; it cannot stop at the attic, which is actually divided into the units also. After discussion, the following action was taken: AYES: NOES: ABSENT: RESOLUTION NO. 77 -517 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 77 -258. On motion by Commissioner Ries, seconded by Commissioner Moots, and by the following roll call vote, to wit: COMMISSIONER GERRISH IS NOW PRESENT. Commissioners Cole, Hitchen, Moots, Ries and Chairman Pope None Commissioner Gerrish The foregoing Resolution was adopted this 3rd day of May 1977. Arroyo Grande Planning Commission, 5 -3 -77 Page 3 PUBLIC HEARING - PROPOSED CREATION OF AN " -SF" SECONDARY FLOOD PLAIN COMBINING DISTRICT. Upon being assured by Planning Director Gallop that public hearing on the Proposed Creation of an " -SF" Secondary Flood Plain Combining District had been duly published, Chairman Pope declared the public hearing open. Director Gallop advised the Commission that this was the second time this matter had been before them for public hearing purposes. The first time it was recommended as a zone district independent of any overrides. When it went to public hearing before the City Council, one of the Council Members expressed concern about it being an independent district and recommended it come back be- fore the Commission to consider it as a Combining District, as well as the Pri- mary Flood Plain District. The Commission discussed this, and Director Gallop had recommended to the Commission that the Primary Flood District be retained as a Primary District because of the many involvements that could come about in an area which was indicated as a Primary Flood Zone by the Corps of Engi- neers, however, the Secondary, because it does permit the general uses in any zoned districts in the City, could be used as a combining district and would merely flag '. certain areas where additional precautions would have to be taken in construction, such as elevation of foundations, perhaps protection against drainage sloughs and this sort of thing, but it would not stop construction within this area. Director Gallop also pointed out that the City has written to the Corps of Engineers to find out where the current study is for this district. He stated they had originally started the study for the whole area and have now concentrated in San Luis Obispo City area because of their past flood history, and it now appears that probably our study won't be funded and under way for at least two years. So, even though these ordinances are adopted and are on the books, we probably won't have them in effect until areas have been designated by the Corps of Engineers where they can be applied. He further advised that the City cannot arbitrarily apply either of these two zoned districts within the City without some basic information, and contour lines alone are not sufficient to provide this information for us. Director Gallop recommended that the Commission proceed and at least make an effort to get these on the books and on record, so that if the study were to be advanced, we will be ready for it. The Primary Flood District, we refer back to tonight just by referral because there were no changes, and this is a change so if it stands up, then this would be recommended for the Primary Flood District for the Council's consideration and adoption. Mr. Alan Jackson, 208 Fairview, stated he didn't know which Flood Plain Zone he was speaking about, Primary or Secondary, but he believed both should be taken into consideration, and no more schools or critical facilities are to be built on inundation plains because of earth dam failures or earth- quakes. There being no further discussion for or against the Proposed Creation of an " -SF" Secondary Flood Plain Combining District, Chairman Pope declared the hearing closed. Chairman Pope stated, as he sees it, this would not be effective until this Commission has actually adopted a map and placed it on,....' file. Director Gallop advised that assumption was correct. He also stated that these two flood plains stem back to the HUD Flood Insurance Program, and HUD will not issue insurance in anything that is zoned as being in a pri- mary flood area as designated by the Corps of Engineers, so we have got to have this as a basis for them to come back and write insurance. In answer to Commissioner Hitchen's request, Director Gallop outlined the differences between the Primary Flood and the Secondary Flood Plain Districts. He stated a Secondary - District is an area where there could be some back water from a Primary Flood District, but where there would be no current, no force of any kind exerted. An area subject to periodic flooding from heavy rains; an area subject to damage by current or by movement could generally be classified as Primary. After discussion, the following action was taken: 361 362 Arroyo Grande Planning Commission, 5 -3 -77 Page 4 RESOLUTION NO. 77 -518 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING THE PRIMARY FLOOD PLAIN DISTRICT AS A PRIMARY DISTRICT, AND A COMBINING SECONDARY FLOOD PLAIN DISTRICT AND RECOMMENDING TO THE CITY COUNCIL FOR ITS ACTION AND ADOPTION. On motion by Commissioner Cole, seconded by Commissioner Ries, and by the following roll call vote, to wit: AYES: Commissioners Cole, Gerrish, Hitchen, Moots, Ries and Chairman Pope NOES: None ABSENT: None the foregoing Resolution was adopted this 3rd day of May 1977. LOT SPLIT CASE NO. 77 -268, 1081 ASH STREET (KLEIST). Director Gallop advised that this lot split is merely a transfer of . ownership from one piece of property to another. There are no conditions recommended since a new building site is not being created because there is no access provided to it. It is, in a sense, a simple lot split, however, it does require a parcel map. We have a letter on record that the adjacent property owner will purchase the property. There were no conditions attached to the lot split, other than completion of off -site improvements on Ash Street, if they are not already existing. The person who is acquiring the property actually is going through lot split procedure for the person who owns it. The property is zoned R -1. Chairman Pope asked for comments from the audience with regard to the proposed transfer of property from one owner to the other. There were no comments from the audience. Chairman Pope ordered the report filed with no additions or corrections. ARCHITECTURAL REVIEW CASE NO. 77 -140, COURTLAND AND GRAND AVENUE, SHOPPING CENTER DEVELOPMENT (WOOD CONSTRUCTION). COMMISSIONER GERRISH HAS BEEN EXCUSED DUE TO A POSSIBLE CONFLICT OF INTEREST AND IS NOW ABSENT. Director Gallop advised that the parcel of property is vacant at the present time except for the Jiffy Market on the corner of Courtland and Grand Avenue; the zoning is C -N. The developers are asking for develop- ment of only a small portion at this time, and the rest is not being con- sidered at the moment because of extensive re- design which would have to take place. This eventually will be a building about 200 feet long and 50 feet wide, and they are asking only for the development of the upper half and adjacent parking. The parking more than meets the requirements of the square footage of this proposed development. Chairman Pope asked for comments from the audience with regard to the proposed development; there were no comments. Chairman Pope ordered the report filed with no additions or corrections. COMMISSIONER GERRISH IS NOW PRESENT. ORAL COMMUNICATIONS Director Gallop pointed out that the next regular Commission meeting is scheduled for May 17th, and nothing has been filed for Commission con- sideration as of this date; also, May 17th is the night the City Council has set to canvass the special election of May 10th, and he recommended that the regular meeting of May 17, 1977 be cancelled. 1 Arroyo Grande Planning Commission, 5 -3 -77 After discussion, on motion by Commissioner Gerrish•, seconded by Commissioner Cole, and unanimously carried, the regular meeting of May 17, 1977 was cancelled and a special meeting set for Wednesday, May 18th, if needed. ADJOURNMENT ATTEST: cting Secreta Page 5 There being no further business, the Commission adjourned at 8:20 P.M. 363