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PC Minutes 1975-10-07Arroyo Grande Planning Commission October 7, 1975 The Arroyo Grande Planning Commission met in regular session with Chairman Calhoon presiding. Present are Commissioners Gerrish, Mathews, Moots, Cole,'Ries, and Sandoval. Also in attendance are City Administrator Butch, Planning Director Gallop, Public Works Director Anderson, and Councilmen Millis and de Leon.: MINUTE APPROVAL Mrs..Darrell Stinson questioned the number of signatures shown in the minutes of September 16, 1975 for the petition presented to the Commission by Mike Miner; she said she believed that Mr. Miner had said he had fifteen (15) signatures, but the minutes showed twenty -five (25). Mrs, Stinson also questioned the number of persons shown as having signed her petition and being present at the meeting, She stated there were six present, not five as shown. There being no further additions or corrections, the minutes of September 16 and October T were approved as prepared, pending a check on the amount of signatures on said 'Petition._ A later check revealed there were twenty -five (25) signatures on Mr, Miner's,peti- tion as originally stated in the minutes. STICKLER VARIANCE MATTER Director Gallop stated that public hearing had been reset on the requested Variance for October 21, 1975, at the regular Planning Commission meeting, REVIEW COMMITTEE ACTIONS - LOT SPLIT CASE NO. 75 -221 1071 FAIR OAKS AVENUE THOMAS T, & PAULINE M. WOODRUFF LOT SPLIT CASE NO. 75 -225 290 SPRUCE BOB SHIGENAKA) Director Gallop stated that the Commission had received copies of the. Committee reports for their review. After a brief discussion, the reports were ordered filed.. NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT - PROPOSED GRADING PLAN PORTION OF LOT 75 OF STRATTON'S SURVEY OLD CATHOLIC CHURCH PROPERTY WEST BRANCH STREET AND WESLEY AVENUE (CITY OF ARROYO GRANDE). Director Gallop stated this was a Negative Declaration for the property where the old Catholic Church and Parsonage used to stand; all the buildings have been removed; and the Negative Declaration is for the grading. He added that there are three trees on the property that are proposed for possible saving. He, stated that he had a letter from Mr. Kuden, the developer, which stated that it was their . intention to preserve the trees. The Director said that the trees may be kept in their present location or they may be moved to another Location on the property. After a brief discussion, the following action was taken: RESOLUTION NO. 75-406 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL IMPACT DECLARATION. On motion by Commissioner Ries, seconded by Commissioner Mathews, and by the following roll call vote, to wit: AYES: Commissioners Cole, Gerrish, Mathews, Moots, Ries, Sandoval and Chairman Calhoon NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of October 1975. PUBLIC HEARING - REZONING CASE NO. 75-86 BRANCH MILL ROAD, FROM "A" AGRICULTURAL DISTRICT TO "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT CHARLES F. GREENWOOD): The Director stated that h.e,had a letter on file requesting that the public hearing be postponed until a later date; therefore, the matter was not heard. PUBLIC HEARING - .REZONING CASE NO 75 -8 :; STAGECOACH ROAD FROM "R-A -B -3" RESIDENTIAL AGRICULTURAL DISTRICT TO "R- A -B-1" RESIDENTIAL AGRICULTURAL DISTRICT (LEMON). Director Gallop pointed out the property on a map, noting that it is northerly of Rosewood and westerly of Pearwood, and consists of approximately five (5) acres. 169 170 Arroyo Grande Planning Commission, 10 -7 -75 Page 2 He stated that the owner of the main piece of property had petitioned for the zone change; the owners of the other two small pieces of property involved had not. He also stated that at the Wednesday night study session, he neglected to point out to the Commission that a zone change is not necessarily followed immediately by a subdivision. If a subdivision is proposed, then the matter must come back into the Planning Commission for its approval, as well as the City Council, before the subdivision map can be recorded. Upon being assured by the Planning Director that public hearing for Re- zoning Case No. 75-87 had been duly published, posted, and property owners notified, Chairman Calhoon declared the public hearing open. Ella Honeycutt, 560 Oak Hill Road, stated she had a petition with approxi- mately forty (40) signatures on it, which stated that they were concerned about the zone change because of increased traffic, the impact on the schools, increased cost of municipal services, protection of the hillside, etc.; however, the petition was not filed with the Secretary. She asked if an Environmental Impact Study had been made yet. The Planning Director replied that this step usually followed approval of the zone change by the Planning Commission, but before it went before the City Council. Mrs, Honeycutt referred to the General Plan in regard to "steep slopes" and said she believed the hill fit this description. She also expressed concern over the road conditions, water problems, etc. She then referred to a letter ad- dressed to the Planning Commission from Robert Hoagland, Superintendent of the Lucia Mar School District, with regard to the overcrowded schools. The Commission was not in receipt of this letter, however. After she was finished discussing the letter, she presented a copy to the Chairman. Danny Farnsworth, 148 Rosewood, stated he had two major objections to the proposed rezoning: (1) the juvenile delinquency problem existing in the area be- cause the children have no place to play; and (2) drainage problems if the hill is dug up. James Grimes, 145 Rosewood, also expressed concern over the drainage prob- lems and the steepness of the hill, as well as the problem of the children playing in the streets, Harvey Harris, 134 Rosewood, said he believed that a park should be proposed and money appropriated before a development goes in. Richard Lemon, owner of the subject property, referred to a map (Exhibit A) of the property that he presented to the Commission, noting that the property is surrounded by "R -1" zoning on three (3) sides. He stated that he wished to build his own home on Parcel 1, as well as plant avocado trees on the property. He wished to sell Parcels 3 and 4 to develop capital so that he could build Parcel 1 as planned. Mr, Farnsworth asked if just Parcels 3 and 4 could be rezoned. Director Gallop stated that the Commission could reduce the size of the property being re- zoned or could make the rezoning more restrictive than that being requested. Mr. Lemon suggested leaving Parcel 1 as "R- A -B -3" and rezoning the other three (3) to "R-A -B -1 ", The Director said he could not recommend this as it would create ''spot zoning". Paul Sturges, 201 Alder, who had worked with Mr, Lemon on the maps, asked if an open space area could be designated so spot zoning would be avoided. Fred Strong, representing Citizens for Environmental Balance and Economic Stability stated his group represented approximately 250 -300 people in Arroyo Grande, and that they did not support or oppose any individual development, He asked that the Com- mission keep in mind the total picture when they decide on any rezoning. He re- ferred to a booklet he passed out published by the California Department of Housing and Community Development which discussed number of households versus population. Joe Adorno, 595 Crown Hill, asked that the Commission go out and check the property before making a decision. Bill McCann, 428 Tanner Lane, asked how many of the Commissioners had looked at the property. Six of them stated that they had. Arroyo Grande Planning Commission, 10 -7 -75 Page 3 There being no further discussion for or against the proposed zone change, Chairman Calhoon declared the hearing closed, Commissioner. Cole asked if Mr. Lemon could build on his property and plant the trees as the zoning presently stands, Director Gallop replied that he could, Commissioner Gerrish asked how many potential lots were involved. The Director said that there could not be a set figure given at this time due to a controlling point in the Subdivision Ordinance, but he would estimate ten to twelve maximum, including the existing, Commissioner Gerrish inquired about the height of the hill; Director Anderson replied that it is about 250 feet high, Commissioner Mathews asked if Parcel 1 was designated open space could Mr, Lemon still build his home.. Director Gallop replied that there was no way the parcel could be designated open space until a request comes in to develop. Mr, Lemon stated that he would accept Parcel 1 as "R- A -B -3" and Parcels 2, 3, 4 as "R A -B -1 ", Director Gallop again stated that this could not be done because it caused spot zoning; however, he said that Parcels 3 and 4 could be rezoned to "R -1" and the rest left at "R- A -B -3 ". The "R -1" rezoning would be allowed because it was more restrictive than the zoning being requested. He also suggested the re- zoning be denied without prejudice to allow refiling at a later date. .After discussion, the following action was taken: RESOLUTION NO, 75 -407 Z RESOLUTION OF THE PLANNING 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 Ries, seconded by Commissioner Sandoval, and .by the following roll call vote, to wit: AYES: Commissioners Cole, Gerrish, Mathews, Moots, Ries, Sandoval and Chairman Calhoon NOES:. None ABSENT: None the foregoing Resolution was adopted this 7th day of October 1975. PUBLIC HEARING REZONING CASE NO. 75- 88,,615 MYRTLE STREET, FROM "R- A -B -1" ., RESIDENTIAL AGRICULTURAL DISTRICT TO "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT SDENTON V. AND MARY ADAMS) The Director pointed out the proposed property on a map, noting that this is a very irregular piece of property. After being assured by Director Gallop that public hearing for Rezoning Case No.,75- 88'had been duly published,- posted, and property owners. notified, Chairman Calhoon declared the public hearing open Ken Berryhill, 610 Myrtle, stated that he was in favor of the propos.ed.re -_, zoning and that he believed it conformed with surrounding zoning. Jack Mallory; 319 Noguera, and Sam Taylor, 606 Myrtle, also stated they were in favor of the rezoning, There being no further discussion for or against the proposed rezoning, Chairman Calhoon declared the hearing closed. Commissioner Ries asked how much money this property would generate in park funds Director Gallop answered about $75 -per lot. Aft ®r a brief discussion .the following action was taken; 171 172 Arroyo Grande Planning Commission, 10 -7 -75 Page 4 on motion Commissioner. Gerrish'; "seconded by Commissioner'Co1e, and by the following roll call vote, to wit: AYES NOES: ABSENT:' None None the foregoing Resolution was PUBLIC HEARING - USE PERMIT CASE'NO., 75- 239,`TO ALLOW FOR A FREE STANDING SIGN FOR 7-11 STORE 117 SOUTH HALCYON (SOUTHLAND CORPORATION) COMMISSIONER GERRISH WAS EXCUSED BECAUSE OF A POSSIBLE CONFLICT OF INTEREST AND IS NOW ABSENT, Director Gallop presented the Commission with a copy of a typical 7-11 logo sign and reviewed the Use Permit request„ He recommended that if approved, certain conditions should be required as notedin the Staff Report the sign be interiorly illuminated and the"electric'services be placed underground; the sign not to encroach on public right ''way; nbr overhang any driveway area ;'to be located in a landscaped area as noted on the plans and to be built accordingly. Upon being assured by Director Gallop that public hearing for Use Permit Case No, 75 -239 had been duly published, posted, and property owners notified, Chairman Calhoon declared the public hearing open, Norm Winslow, representing the 7-11 Store, asked for clarification of the recommended conditions, and Planning Director Gallop reviewed them for the Commission and the petitioner, There being no further discussion for or against the proposed Use Permit, Chaj -xman Calhoon declared the public hearing closed. After a brief discussion, the following action was taken: ' ' On by ommi.ssioner Ries, seconded by Commissioner Cole, and by the following roll call vote, to wit: AYES: NOES: ABSENT: None RESOLUTION NO, 75 -408 Z RESOLUTION OF THE PLANNING COMMI.SSION•OF THE CITY OF'' `ARROYO'GRANDE RECOMMENDING APPROVAL OF AN AMENDMENT- To THE MUNICIPAL CODE'OF'TH.E CITY OF ARROYO GRANDE AS 'PROVIDED'BY`CHAPTER 4`ZONING,'ARTICLE 32; OF SAID CODE.` Commissioners' Cole, "Gerrish, Mathews, Moots, Ries, Sandoval and' Chairman Calhoon adopted this 7th day of October 1975, RESOLUTION NO. 75 -409 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 75-239. Commissioners Cole, Mathews, Moots, Ries, Sandoval, and Chairman Calhoon Commissioner Gerrish the foregoing Resolution was adopted this 7th day of October 1975, COMMISSIONER GERRISH IS NOW PRESENT. PUBLIC HEARING - USE PERMIT CASE NO, 75 -240 TO ALLOW FOR A FRE STANDING SIGN FOR MEDIC4L BUILDING, 336 SOUTH HALCYON (HALCYON MEDICAL GROUP, INC.) Director Gallop displayed a plan for the proposed sign, noting that it re- quires a use permit because it is eighteen (18 ") inches too long and has exterior Arroyo Grande Planning Commission, 10 -7 -75 Page 5 lighting, He recommended that if granted, the conditions listed on the Staff Report be required: that the sign. be constructed and iocatedcompl.eteiy in keeping with the plans on file; the electric service be placed. underground, After being assured by Director Gallop that public hearing for Use Permit Case No 75 -240 had been duly published, posted, and property owners notified,' Chair- man Calhoon declared the public hearing open, Doctor Rice, representing the Halcyon Medical Group, stated that the sign had been redesigned three times to try and comply with the district's requirement;'''how- ever, his partner's name was too long to fit. J. Wright, 1539 Sierra, expressed concern over the exterior lighting. There being no further discussion for or against the proposed Use Permit, Chairman Calhoon declared the hearing closed. After a brief discussion, the following action was taken: RESOLUTION NO. 75 -410 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 75 -240, On motion by Commissioner Cole, seconded by Commissioner Gerrish, and by the following roll call vote, to wit: AYES: Commissioners Cole, Gerrish, Mathews, Moots, Ries, Sandoval and Chairman Calhoon NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of October 1975, PUB LIC_yiEAR - USE PERMIT CASE NO, 75 -241 TO ALLOW FOR A DAY CENTER FOR HIGH FUNCTIONING HANDICAPPED ADULTS 410 EAST BRRANCH FUNCTIONAL LIVING, INC.) Director Gallop reviewed the requested Use Permit, noting that the basic use is permissive in a light - industrial zoned district; however, the school portion requires the Use Permit, AYES: Upon being assured by Director Gallop that public hearing for Use Permit Case No 75-241 had been duly published, posted, and property owners notified, Chairman Calhoon declared the public hearing open. Larry Steffan, Director of the Functional Living Program, said he believed there was a need in the community to serve handicapped people, and that he hoped the program would be an asset to the community. There being no further discussion for or against the proposed Use Permit, Chairman Calhoon declared the hearing closed.. Commissioner Moots inquired as to how many persons they planned on. Mr. Steffan replied that by June 1976 perhaps thirty -five (35); however to start not more than fifteen (15), After a discussion, the following action was taken: RESOLUTION NO. 75 -41.1 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO..75 -241, On motion by Commissioner Ries, seconded by Commissioner Sandoval, and by the following roll call vote, to wit: Commissioners Cole, Gerrish, Mathews, Moots, Ries, Sandoval and Chairman Calhoon NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of October 1975. 173 174 Arroyo Grande Planning Commission, 10 -7 -75 PUBLIC HEARING - PROPOSED AMENDMENT. TO THE ZON'IN'G ORDINANCE TO CREATE A "-P" y ., AGRICULTURAL PRESERVE DISTRICT Director Gallop stated that there had been .a request some time ago to create a " -P" Agricultural Preserve District, whereby farmers can put truely agricultural land into a preserve status. The Williamson Act made this possible; however, it was first necessary to rewrite the 'Land Use Element of the General Plan to allow the City to amend the Zoning Ordinance accordingly. He stated that it would be necessary to adopt a policy statement setting out how the contracts are to be. created and carried out, He added that the proposed amendment recommended a minimum of ten (10) acres, one or more ownerships, and a minimum ten -year (10) contract period. When the contract is signed, the owner cannot do anything but farm the land as he had during the past five (5) years. The Director noted that the. " -P" override is actually a combining district with an "A" zoned district. The property is then taxed on its production, rather than on its land value. The State automatically reimburses the governmental agency for the tax money lost in this matter. Upon being assured by Director Gallop that public hearing for the proposed " -P" Agricultural Preserve District had been duly published, Chairman Calhoon de- clared the public hearing open. Ken Bruce, representing Wilma Dixson and family of Branch Mill Road, stated that it had been a long time since they had requested the preserve's creation, and urged action. He said he had only one concern, that the State statutes require an Environmental Impact Report on all amendments to the Zoning Ordinance. There being no further discussion for or against the proposed " -P" District, Chairman Calhoon declared the hearing closed. Director Gallop stated that normally Environmental Impact Reports are not required or prepared until after Commission action and before the City Council hears the matter. Commissioner Ries inquired if the County 'had•incurred any problems with their program. Director Gallop replied that they had revised their Ordinance and policy on three occasions, and that the proposed district is based on their current thinking. He •added that the information had been sent to the City Attorney, as are all con- tracts, for his review. After a brief discussion., the following action was taken: RESOLUTION N0. 75 -412 Z RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF AN AMENDMENT TO ZONING ORDINANCE NO. 24 G. S. Page 6 On motion by Commissioner Moots, seconded by Commissioner Sandoval, and by the following roll call vote, to wit: AYES: Commissioners Cole, Gerrish, Mathews, Moots, Ries, Sandoval and Chairman Calhoon NOES: None ABSENT: None the foregoing Resolution was adopted. this 7th day of October 1975, REQUEST FOR USE OF "OPTIONAL DESIGN STANDARDS" JOHN MILLER Director Gallop displayed a map of the subject property and referred to the Zoning Ordinance in regards to the "Optional Design Standards". He stated that this property is zoned "R-A -B -3" and the Standards would not give Mr. Miller the right to build more sites than are allowed in any "R-A - -3" district. He added that there will be some small lots and some larger lots, and that this type of development would minimize cut and fill and take advantage of the topography. He added that the map that was displayed was in error, in that Lot 27 was to be omitted, and Lot 28 was to be renumbered, to Lot 27. Arroyo Grande Planning Commission, 10 -7 °75 � Commissioner Ries asked if the matter Commissioner Ries, seconded by C carried 'le hearing was opened to the public corrected Jtatemen.t made that the smallest it would be one -half acre in size, Page 7 could be opened up for public opinion. cmmissioner. Mathews, and unanimously . John Miller, owner of the property, lot would be 20,000 sq., ft. He said Chuck Fellows, 240 Tally H:o, asked if park land Would have to be set aside, Director Gallop replied that either park land would be set aside, or•a fee'would be J paid in its place. Joe Adorno, 595 Crown Hill, asked why a fee would be asked instead of the park land , The Director replied that this is done if the property in question is not suitable for park land use. Bill Langworthy, Printz Road, asked if these Standards were like a Combining District, in that they allowed livestock and everything else allowed and restricted in a normal "R- A -B -3" District. The Director replied that this was correct. Ray Simmons, 150 Tally Ho Road, asked for clarification on the cut easement along Tally Ho Road, and on the lot sizes involved. Caroline Moffatt, Oak. Park Road, said she believed the plan was a very prac- tical one and asked when the development was going to begin. There being no further discussion for or against the proposed "Optional Design Standards ", Chairman Calhoon declared the hearing closed. After discussion, the following action was taken: AYES: NOES: RESOLUTION NO, 75 -413 O.D. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING "OPTIONAL DESIGN AND IMPROVEMENT STANDARDS" TO TRACT #577. On motion by Commissioner Cole, seconded by Commissioner Mathews, and on the following roll call vote, to wit: ABSENT: None Commissioners Cole, Gerrish, Mathews, Moots, Ries, Sandoval and Chairman Calhoon None the foregoing Resolution was adopted this 7th day of October 1975. TALLY HO ESTATES REFERRAL FROM CITY COUNCIL Director Gallop stated that this was a referral from the City Council regarding a zone change recommendation. made by the Planning Commission at their last meeting. They had recommended a zone change from "R- A -B -3" to "R- A- B -1';; Administrator Butch stated that the Council wanted to know the feasibility of "R- A -B -2" zoning instead, They also wanted a report on the cost of development on each type of zoning. He stated they had also expressed concern over the con- dition of the road from Le Point to Tally Ho Road. He said the attorney advised that the matter must be brought back to the Council by October 28. Robert Caring, part owner of the development, presented the Commission with a set of cost estimates, which he then. discussed. After discussion, on motion. by Commissioner Cole, seconded by Commissioner Mathews, and carried, the Commission restated its previous recommendation of re- zoning from "R- A -B -3" to "R- A -B -1 ", Administrator Butch added that the City Council had wondered.about the possibility of amending the "B -2" district to allow animals similar'to those` allowed in the "3 district. Director Gallop warned that an amendment such as this would affect all "B -2" areas, not just one in particular, and requested the Commission to consider this matter at a later study meeting, which was ac= ceptable to the Commission. 175 176 Arroyo Grande Planning Commission, 10 -7 -75 DISCUSSION ABOUT CHANGING MEETING TIME The Commission discussed the possibility of changing the meeting time, as needed, to 7:00 P.M. to allow for ane'ka.lf hour study session before the .regular meeting begins, with the study session to show on the agenda. Director Gallop noted that the mailing schedule is being changed so that long agendas would be mailed on Wednesday night. This would enable the press to be aware of any impending study session, On • motion -by: Commissioner Sandoval, seconded by Commissioner Gerrish, and unanimously carried, the Commission agreed to meet in study session, as needed, one- half hour prior to the regular meeting time. REQUEST, TO BE ABSENT. ,:. Commissioner Cole requested permission to be absent f the next Commission meeting, as she plans to be out of - state. On motion by Commissioner Mathews, seconded by; Comm iss and carried, that Commissioner Cole be absent from the .Commission meeting of October .21, 1975. ADJOURNMENT ,,,There being . business before the Commission, on motion by Commissioner Moots, seconded by Commissioner Sandoval, and unanimously carried, .the .meetlng was ad- - journed at 10:19 P.M, ATTEST. Secretary Page 8 Chairman