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PC Minutes 1976-12-07Arroyo Grande Planning Commission- December 7, 1976 The Arroyo' Grande Planning Commission met in regular session with Chairman Pope presiding. Present were Commissioners Cole, Gerrish, Mathews," Hitchen, Moots, and Ries. Also present were City Administrator Butch, Planning Director Gallop, City Engineer. Garcia, and Councilman - Millis. MINUTE APPROVAL After hearing no additions or corrections, the minutes of the'regular meeting of November 1.6,. 1976 were approved by the Chairman, as prepared. REVIEW COMMITTEE ACTIONS ARCHI'TEC'TURAL REVIEW CASE NO 76 -127, CROWN-TERRACE ",. TOWNHOUSES (RYZNER,= SKINNER; LENZI) Planning Director Gallop noted that Architectural Review Case No. 76 -127 had been before the Planning Commission several meetings ago, and had been sent back to the Review Committee for more detailed information. The staff had recommended that the traffic pattern be a one way street' pattern to serve both of the developments. This would put the exit traffic on the low side of the hill to provide for maximum sight distance.. He stated that the applicants had agreed to the conditions recommended by the Committee. Elizabeth Jackson, 208 Fairview, asked if the slope and depth were taken: into consideration. Chairman Pope stated that one of the conditions was 'that a grading plan must be approved by the Department of Public Works. Commissioner Hitchen commented on the difference in this set of plans and the original ones presented. He felt this was an outstanding presentation. ., filed. There being no additions or corrections, Chairman Pope ordered the plans PUBLIC BUILDINGS ELEMENT OF THE GENERAL PLAN Director Gallop stated that the Public Buildings Element had been orginally prepared in 1967. and updated in 1970. The primary content of the new revision' is a summary of what has been accomplished from the orginal Plan. The two new areas of concern are the Civic Center, and the'relocation of the Fire Station. There is also a new section dealing with the new County facility. He added that the Public Buildings Element is not 'a legislatively mandated element. After being assured by Planning Director Gallop that public hearing had been properly advertised, Chairman Pope opened the public hearing. There being no public input for or against the Public Buildings Element, Chairman Pope closed the public hearing. Commissioner Gerrish asked about the City's moral obligation to the Women:'s Club, which is mentioned in the document. Director Gallop replied that the Women's Club gave the building to the City, the City agreed to participate equally with the Women's Club in maintenance and expansion. Commissioner Gerrish noted that this Element seemed pretty specific, while the others were not.- Director Gallop stated this was' because it involved the committment and expenditure of.'. public funds. Commissioner Ries noted that he had not received a copy of the Element and would abstain in voting. After further consideration, the following action was taken: RESOLUTION NO. 76 -478 G RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING. THE REVISED AND UPDATED PUBLIC BUILDINGS ELEMENT OF THE GENERAL PLAN. On motion by Commissioner Gerrish, seconded by Commissioner Mathews, and by the following roll call vote, to wit: AYES: NOES: Commissioners Cole, Gerrish, Hitchen,. Mathews, Moots, and Chairman Pope None 295 296 Arroyo Grande Planning Commission, 12 -7 -76 Page 2 ABSENT: None ABSTAINING: Commissioner Ries_ The foregoing Resolution was adopted this 7th day of December. 1976. PUBLIC HEARING REQUEST TO ENTER INTO AGRICULTURAL .PRESERVE, CHERRY ESTENSION (DIXSON) Director Gallop stated that about a month ago Mrs. Dixson presented a agricultural contract to the City Council for entering into Preserve status. At that time the City Attorney determined it would be necessary to create the preserve by resolution, and that the rezoning did not accomplish this. He recommended that a public hearing be held and a resolution adopted to create .a preserve on the subject property. After being assured by Planning Director Gallop that public hearing on the proposed Agricultural Preserve contract had been duly published, posted, and property owners notified, Chairman Pope opened the public hearing. Bill McCann, 428 Tanner Lane; Elizabeth Jackson, 208 Fairview; and Glenn Peters, 776 Myrtle stated they were in favor of approving the preserve. There being no further public input, either for or against the proposed pre- serve, Chairman Pope closed the hearing. After a brief discussion, the following action was taken: RESOLUTION NO., 76-479 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AGRICULTURAL PRESERVE CONTRACT. On motion by Commissioner Mathews, seconded by Commissioner Hitchen, and by the following roll call vote, to wit: AYES: Commissioners Cole, Gerrish, Hitchen, Mathews, Moots, Ries, and Chairman Pope NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of December 1976. PUBLIC HEARING - USE PERMIT CASE NO. 76 251;'HUASNA'ROAD, TO ALLOW FOR AN OFFICE SERVICE FACILITY AND TRANSPORTATION PARKING (LUCIA'MAR'SCHOOL DISTRICT) Chairman Pope declared the public hearing open, but Stated that he could not take public testimony at this time, on the written advice of the City Attorney. - stated the public hearing would be held over to the first meeting in January. This was to allow time for the City Attorney to give a legal opinion on a letter received from Mr. Glenn Peters. Glenn Peters, 776 Myrtle, stated they were for the Use Permit. They just wanted a condition attached regarding the road. He said an attorney he had consulted with had recommended a 20 ft. strip, which he was in agreement with. Allen Jackson, 208 Fairview, asked if Chairman Pope meant Jerry Shipsey when he said City Attorney. Chariman Pope stated this was correct. Mr. Jackson asked if Mr. Shipsey would have to refer the matter to another attorney; Chairman Pope stated he did not know, this would be between Mr. Shipsey and the City staff. PUBLIC HEARING - USE PERMIT CASE NO. 76 252;'1687 EL CAMINO REAL, TO ALLOW FOR A PRESCHOOL AND DAY CARE CENTER'(PETERS) Director Gallop stated that Mr.. Peters had a valid use permit under the old "F -S" zoning several years ago, and did considerable work under it. The City has since changed the "F -S" to "H-V% Director Gallop then reviewed the physical characteristics of the property and the proposed preschool site for the Commission. Since this is a permissive use in the "H -S" District, the only . condition recommended by staff would be to deny on- street parking on Chilton Arroyo Grande Planning Commission, 12 -7 -76 Page 3 and control of Chilton drainage water. After being assured by Planning Director Gallop that public hearing on the proposed use permit had been properly advertised, posted, and property owners notified, Chairman Pope opened the public hearing. Glenn Peters, the petitioner, said they had purchased the property in several parcels. They planned to place the preschool on the upper parcel to provide a buffer between the residential area to the east and the "H -S" property on the west. He said that they agreed to the recommended conditions. Hans Vanderveen, 235 Tally Ho, stated he was in favor of granting the . use permit. Madeleine Steele, 1598 Hillcrest, asked what was planned for the property west of the preschool. Mr. Peters said this is already zoned "H -S ". Mrs. Steele asked why he felt a preschool was compatible next to "H -S" zoning. Mr. Peters replied that this is a permissive use under "H -S" and they felt this was a good site, because it is also adjacent to residential. The site is oriented to the residential area and would be separated from the commercial area by trees. There being no further discussion for or against the proposed use permit, the Chairman closed the public hearing. Commissioner Mathews asked about the access to the preschool. Mr. Peters pointed out the proposed road on the map, noting that they do not want a lot of traffic going through the area. Chairman Pope asked if all the conditions of the orginal use permit had been met. Director Gallop replied that they had, except for the drainage condition,. which was also a condition of the proposed use permit. RESOLUTION NO. 76 -480 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 76 -252. On motion by Commissioner Hitchen, seconded by Commissioner Mathews, and by the following roll call vote, to wit: AYES: Commissioners Cole, Gerrish, Hitchen, Mathews, Moots, Ries, and Chairman Pope NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of December 1976. REZONING CASE NO. 76 -97, JAMES WAY, FROM "R- A -B -2" to "R- A -B -1" (LOVETT) Public Hearing — Director Gallop displayed two maps prepared by the petitioner which were illustrations of ideas for developing the property. He said that the adjoining property had been approved for "R -A -B -2 " with a " -D" override (La Barranca Estates) to control the number of lots. Since James Way is shown in the Circulation Element as a collector street, therefore, any development adjacent to it must 'improve the road and deed the necessary right of way. If the Commission approved the requested rezoning, he would recommend. a " -D" override. Under the present zoning, there could be twelve lots; under "R- A -B -1" there could be 18 -20 lots. Jim Gering, engineerr for the petitioner, reviewed for the Commission the conditions that would be required by City staff to develop the property: 32 ft. of right of way dedication to the City along James Way; 52 ft. of right of way dedication for the extension of Colina Street; curb, gutter, and two driving lanes and one parking lane along James Way frontage.' The dedication of right of way would involve one acre of land from six acres of property. He said that the staff would make the same basic requirements if the property were split into four lots, rather than subdivided. The developers felt these conditions would present a prohibitive cost to pass on to prospective buyers. 297 298 Arroyo Grande Planning Commission, 12-7-76 Page 4 Lee Lovett, the petitioner, added that a pump would be needed for domestic water on a portion of the property. He felt they would have more expenses on this property than they would on a 60 ft. lot subdivision in the middle of Arroyo Grande. After being assured by Director Gallop that public hearing on the . proposed zone change had been properly advertised, posted, and property owners notified, Chairman. Pope opened the public hearing. Elizabeth Jackson, 208 Fairview, asked if Mr. Garing was related to the firm of Garing & Taylor, the developers of La Barranca Estates." Mr. Garing replied that he was. Mrs. Jackson asked if this was a conflict of interest. Chairman Pope replied that it could not be, as Mr. Garing was not employed by the City, nor did he serve on either the Planning Commission or the City Council Rob Plumb, 291 James Way, stated he lived across the street from the proposed development and he was very much opposed to the requested rezoning. He did not feel it was in keeping with the rest of the zoning in the area. He said there weren't any other properties split that small in the area. He said when he bought his property, he expected the other properties to develop as they were zoned then: He asked what happens to the other side of James Way,.if the developers improve one -half of James Way. He felt this development was not in the best interest of the majority of the people on James Way. Beverly Simmons, 150 Tally Ho Road, quoted from a letter written by Mr. Lovett on April 27, 1976, with regard to the proposed rezoning at that time from "R- A -B -3" to "R- A -B -2 ", which said that "R- A -B -2" zoning was the type of zoning he desired. She said that Mr. Lovett was in real extate and was aware of the zoning when . he bought the property. Emily Graham, 281 James Way, said she had talked to all the residents of James Way, and they unanimously opposed the proposed rezoning. She also stated that two of the residents had not been notified as they had recently moved to the area. She felt families had shown a willingness to pay the price of lots in that area by buying out there. Chairman Pope said that notices of public hearing are sent according to property owners on the last equalized Assessment Roll, which is revised March 1 of each year. Tony Azevedo, said he felt that if it was not for developers coming in to make a profit, most of the people in the audience would not have been supplied with homes. Bill McCann, 428 Tanner Lane, said he would be opposed to rezoning the He felt Mr. Lovett got more than he wanted the last time the property was rezoned. Hans Vanderveen, 235 Tally Ho, asked if anything had been put in the plans regarding straightening out the water problem at the intersection of Tally Ho and James Way. City Engineer Garcia replied that nothing had been done at this time. John Barker, 141. James Way, said he was opposed to the proposed rezoning. Mr. Lovett said that the 60 ft. street was not his decision; the City was making the requirement. He said that the adjacent property owners would have to improve their sections of James Way at some future date, even if he did not develop, because this is a collector road. He said he would be happy to develop the land as it is presently zoned, if the City would not make all these require- ments. With these requirements, however, he needed a rezoning for financial reasons. There being no further discussion for or against the proposed rezoning, Chairman Pope closed the public hearing. Lee Lovett asked the Commission to point out that even if his rezoning is not granted, the people in that area will have to put in curb, gutter, and side- walk eventually. Chairman Pope stated that whenever a building permit is issued in the City of Arroyo Grande, these are required as a condition of the permit. Arroyo Grande Planning Commission, 12 -7 -76 Page 5 City Engineer Garcia said that these are not required until the official grade is set. The City does not do this on existing homes. Once the official grade is set, curb,.. gutter,- and sidewalk are requirements of a building permit. The Director of Public Works does have the right, however, to waive these require- ments under certain conditions. Mr. Plumb asked if Mr. Lovett's property were split into four lots, rather than rezoned and developed, would these be required. Mr. Garcia said that curb and gutter would probably not be needed at this time, but the street would need to be widened. Commissioner Gerrish asked how the parcels across James Way developed without curb and gutter. Director Gallop replied that the Director of Public Works can waive these requirements on large frontage lots. Commissioner Gerrish asked about the two houses on the corner, which were smaller than one acre lots. City Engineer Garcia replied that installing curb and gutter on these lots would have meant a very large cost to correct the drainage problems, which the Public Works Department felt was unreasonable. Commissioner Gerrish said he didn't see any reason to have the street widened and gutter, and sidewalk. Commissioner Hitchen asked if any of these costs could be shared by La Barranca Estates. Director Gallop replied that they could not, as La Barranca does not front on James Way. Commissioner Mathews said he would like to see something worked out to give a rural atmosphere. Director Gallop said that when a sub- division comes in for approval, these recommendations must be made. The developers can then ask the Planning Commission for relief from the conditions. Commissioner Dole said that they were trying to develop the hillsides and save the prime agricultural land. This was about the one place left to develop. She would like to see some kind of adjustment made with the developer. Commissioner Moots said he was not opposed to leaving the zoning as it is and getting the street without curb. After further discussion, the following action was taken: RESOLUTION. NO. 76 -481 Z AYES: NOES: ABSENT: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING AN AMENDMENT. TO THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE, AS PROVIDED BY CHAPTER 4, ARTICLE 32, OF SAID CODE. On motion by Commissioner Gerrish, seconded by Commissioner Ries, and by the following roll call vote, to wit: Commissioners Cole, Gerrish, Hitchen, Mathews, Moots, Ries, and Chairman Pope None None the foregoing Resolution was adopted this 7th day of December 1976. Negative Declaration - Planning Director. Gallop recommended that this be held in abeyance, to be considered if and when development plans come in on the property. REQUEST FOR NEGATIVE DECLARATION - LOT SPLIT CASE NO. 76 -253, MYRTLE STREET (MORROW) Director Gallop stated the Request for Negative Declaration is for Lot Split Case No. 76 -253, which was approved by the Planning Commission at its last regular meeting. The density is far below the Zoning Ordinance and the Land Use Plan. Chairman Pope asked for any public input; there was none. After brief discussion, the following action was taken: 299 Arroyo Grande Planning Commission, 12 -7 -76 Page 6 RESOLUTION NO. 76 -482 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL DECLARATION. On motion by Commissioner Moots, seconded by Commissioner Cole, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Commissioners Cole, Gerrish, Hitchen, Mathews, Moots, Ries, and Chairman Pope None None the foregoing Resolution was adopted this 7th day of December 1976.. CANCEL JOINT STUDY SESSION Chairman Pope stated'he did not know if the Commission should request a joint study session with the City Council. He had received some feedback that some Council members did not feel it was necessary. Director Gallop said he had originally recommended the joint meeting because there were several amend- ments to the Zoning Ordinance and the Subdivision Ordinance, as well as recommenda- tions from the Agricultural Lands Committee to consider. City. Administrator Butch said he thought a joint study session was a good idea. Chairman Pope directed Director Gallop to invite the City Council and other interested persons to attend a study session, to be held at 7:30 P.M., Monday, January 10, 1977, ORAL COMMUNICATIONS Chairman Pope noted that the City is no longer participating in the Coastal Valley Planning Council. Chairman Pope said that he had received information that the City Council had requested the Commission to do various things which the Commission has not done. He requested that the City Council forward a memo to the Commission if there is something specific they want studied, as the minutes are not compre- hensive enought to always show precisely what is requested, and sometimes the requests are misinterpreted. Councilman Millis stated that communication is a two -way street. He recommended that the Commission carefully read all City Council minutes, as they are often very specific. Peggy Langworthy, Printz Road, suggested that the City had a built -in mechanism for this. There are liason officers appointed for each Council and Commission meeting; they should consider this a personal committment to attend the meetings. This way both the Council and Commission would have some feedback from the meetings. Peggy Langworthy, Printz Road, asked about the City Limits along 227 and Corbett Canyon.. Director. Gallop pointed it out on the map, noting that Wilholm Lane is the last street within the City Limits in that area.- ADJOURNMENT There being no further business, the Commission adjourned at 9:27 P.M., on a motion by Commissioner Moots, seconded by Commissioner Mathews, and , unanimously carried. ATTEST: ;_/ Secretary 1 1