PC Minutes 1973-02-06470
Arroyo Grande Planning Commission
February 6, 1973
The Arroyo Grande Planning Commission met in regular session with Vice
Chairman St. Denis presiding. Present are Commissioners Gullickson, Goulart,
Pope, Porter and Spierling. Chairman Jones is Absent. Also in attendance are
City Administrator Butch and Planning Director Gallop.
MINUTE APPROVAL
On motion by Commissioner Porter, seconded by Commissioner Gullickson,
and unanimously carried, the minutes of the regular meeting of January 16, 1973
were approved as prepared.
CONTINUATION - REZONING CASE NO. 73 -66, HUASNA ROAD, RA -B3 TO R -G DISTRICT (MUDGE,
FELTY AND LANGFORD)
Director Gallop reviewed that this rezoning case was carried over from the
last Planning Commission meeting, and that the petitioners are requesting R -G
zoning in order to develop multiple use dwellings. He pointed out that after the
public hearing at the last meeting, the Commission held the decision over, asking
that the petitioners return with some development ideas as to what they intend to
do with the property. He further pointed out that under the R -G zoning,, maximum
density is 12 dwelling units per acre. At the last meeting there was some dis-
cussion of limiting the density by a "D" override.
Mr. Douglas Langford, one of the petitioners was present, and presented
a plan to the Commission indicating they proposed 46 units for the property,
which is slightly over six units per acre as plotted. He advised they have the
units clustered in groups of three, and it was their feeling that if they can
cluster the units, they could provide a play area with a pool, and a picnic area
in the back, close to the creek. He pointed out that the density proposed is
very similar to R -1 density so they would not gain too much as far as the number
of lots. They also felt that the possibility of grouping the units in this
manner would allow some different things to be done, taking the burden off of
the City to provide a recreational area. He indicated that in the back they
have plotted in some bigger units to allow for more square footage with private
garages, more yard, etc.
Director Gallop pointed out that any development of the property would
require dedication of the streambed and a 10' easement on top of the bank for
greenbelt and open space purposes. He further pointed out to the Commission
that, if the zone change is approved, the plans being discussed at this time
are not necessarily the plans that will be submitted for approval. The
particular type development cannot be tied to the development by a zone
change, however, the Commission can, in effect, limit the development to this
type when it comes in for final approval.
Commissioner Pope stated he felt the proposed zoning would be "spot"
zoning, and that he would like to see the area between the creek and Huasna
Road developed first, rather than allow spot zoning now, and regret it later
on. Commissioner Gullickson stated he too felt this proposed rezoning would
constitute spot zoning.
Commissioner Goulart stated he felt it would not be spot zoning, in
that the Land Use Plan shows 12 units per acre, and they are talking about 62
units per acre and, in his opinion, the proposed zoning is compatible to the
development across the street, unless the Commission feels that we should do
away with the medium density zoning. He felt that the concept of going to
the 62 units with the "D" override is practical, and it was the intent at the
last meeting to go for lower density, which the developer has done.
After further discussion, the following action was taken:
RESOLUTION NO. 73 -280 Z
RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING
COMMISSION RECOMMENDING AN AMENDMENT TO THE
MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE AS
PROVIDED BY CHAPTER 4, ARTICLE 21, OF SAID CODE.
On motion by Commissioner Goulart, seconded by Commissioner Porter, and
on the following roll call vote, to wit:
Arroyo Grande Planning Commission, 2
AYES: Commissioners Goulart, Porter and St. Denis
NOES: Commissioners Gullickson, Pope and Spierling
ABSENT: Chairman Jones
the foregoing resolution was not adopted due to the lack of a majority vote.
Page 2
Mr. Langford stated that if the City is going to grow, there must be some
plan they will.accept, and that they are trying to comply with the City's
regulations.
Director Gallop advised ft would be necessary to carry the matter over
to the next meeting of the Planning Commission when a full Commission is present.
PUBLIC HEARING - VARIANCE CASE NO. 73 - PAINT STORAGE IN A C -N DISTRICT -
1524 GRAND AVE. C. LOONEY .
Director Gallop advised that this use is requested in an existing structure
in the C -N District and there is very little utilization for the structure at the
present time in the present zone, in that it cannot be converted to retail pur. -;
poses. Director Gallop reviewed the recommendations of the Fire Department and
the staff report, and stated he felt the variance, if granted, should be reviewed
periodically because of change of use or change of character in the area in the
future.
Upon being assured by Director Gallop that the public hearing for Variance
Case No. 73 - had been duly published, posted and property owners notified, Vice
Chairman St. Denis declared the hearing open.
Mrs. Jane Wiley, Rt. 3, Box 221, San Luis Obispo, was present and stated
she was representing the owner of the property at 1524 Grand Avenue, Dr. Philip
Heersema, and wished to state his objection to the Variance on the basis of
increased fire hazard, increased insurance premiums, and increased hazard to
the public.
Mr. J. C. Garrison, petitioner for the Variance, advised he holds a master
lease on the property and that he also has the right to sub -let. He advised that
the buildings setting in the back are of no use to anyone, and he is paying a high
overhead and could see no reason why this variance could not be allowed.
No further discussion for or against the proposed Variance, Vice Chairman
St. Denis declared the hearing closed.
In answer to the Commission °s questions, Mr. Garrison advised that the LP
gas tank which Mr. Looney is using to power his trucks and equipment is located
approximately 25 feet from the building where the paint will be stored, and
further advised that the Federal Government and many other agencies are encourag-
ing the use of LP gas to cut down on pollution.
Mrs. Wiley pointed out that the requested use is non - conforming; would
increase the fire hazard with possible damage to the rest of the building;
would increase insurance premiums wherein the highest rates would apply to all
of the property.
Commissioner Pope questioned as to whether only the property owner himself
has the right to ask for the Variance. Director Gallop pointed out that this
appears to be a matter for legal determination, and recommended that the matter
be held over to the next regular meeting until a determination can be made.
The matter was referred to the next regular meeting subject to a determination
from the City Attorney.
PUBLIC HEARING - USE PERMIT CASE NO. 73-203 - PLACEMENT OF A MOBILE UNIT ON THE
DIXSON RANCH IN AN "A" DISTRICT, 725 NEWSOM SPRINGS ROAD.
Director Gallop advised that the property involved is a large parcel,
approximately 40 acres, which was formerly zoned RA-B3 and . has now been
changed to the "A" District. He further advised there is a cluster of buildings
and structures on the property and the rest of it is in agricultural use. He
recommended that if the use permit is granted, this mobile unit be placed
within the existing structures, and that he could see no particular problems
with granting this use permit.
47
472
Arroyo Grande Planning Commission, 2 -6-73 Page 3
Upon being assured by Director Gallop that the public hearing for Use
Permit Case No 73-203 had been duly published, posted and property owners
notified, Vice Chairman St. Denis declared the hearing open.
Mr. Andrew David, Attorney, 227 E. Branch Street, was present representing
the property owners, and advised that the petition was filed for the purpose of
having someone on the ranch to look after the property and take care of any
problems that may arise. He pointed out that at present Mrs. Dixson is on the
property alone.
Mr. Don Madsen, Rt. 1, Box 627 A, Arroyo Grande, was present and advised
he owns, property in the immediate area and questioned where the mobile unit would
be located. Director Gallop pointed out that whenever a petitioner files for any
use on a particular piece of property, he must, by law, show the entire ownership
of the piece being petitioned, and advised the mobile unit would be located within
the building complex. Mr. Madsen stated that on that basis, he would be in favor
of the proposal.
No further discussion for or against the proposed Use Permit, Vice Chairman
St. Denis declared the hearing closed and the following action was taken:
RESOLUTION NO. 73-281 U
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO.
73-203.
On motion by Commissioner Goulart, seconded by Commissioner Spierling, and
on the following roll call vote, to wit:
AYES: Commissioners Gullickson, Goulart, Pope, Porter, St. Denis
and Spierling
NOES: None
ABSENT: Chairman Jones
the foregoing Resolution was adopted this 6th day of February, 1973.
PUBLIC HEARING - USE PERMIT CASE NO. 73-204 - FREE STANDING SIGN. NORTHWEST
CORNER OF GRAND AVENUE AND ELM STREET FOODMAKER. INC.
Director Gallop advised that Foodmaker, Inc. is the organization >that builds
and operates the Jack- in-the -Box Drive Thru Restaurants. He advised that the
unit proposed is a different unit than most of the Jack -in -the -Box Restaurants,
and has been granted architectural approval. Director Gallop pointed out that
the sign is to be located on the corner of Grand and Elm, and is well within the
limits of the district having an overall height of 35'; the sign is indicated
to be non - rotating, non - flashing and interior illuminated. Director Gallop
recommended that, if approved, a landscape area be included as a condition of
the permit.
Upon being assured by Director Gallop that public hearing for Use Permit
Case No. 73 -204 had been duly published, posted and property owners notified,
Vice Chairman St. Denis declared the hearing open.
Mr. Robert C. Harvey, 4833 Fruitland Ave., Vernon, Ca., representing
Foodmaker, Inc. was present and stated the sign does fall within the code
requirements, and that his company concurs with the recommendations included
in the staff report.
Mrs. Anna Ralph, 354 So. Halcyon, was present stating she was protesting
on behalf of Mrs. Lovejoy of 1214 Grand Avenue, who lives adjacent to the pro-
posed site for the Jack -in- the -Box. She felt that this development would
disturb Mrs. Lovejoy and she would not be able to sleep at night. Mrs. McOsker,
1224 Grand Ave., speaking on behalf of Mrs. Lovejoy, advised that Mrs. Lovejoy
sleeps right on the side where the driveway is, and would be disturbed as long
as the drive -in is open. In answer to Commissioner Goulart°s question as to
whether they were protesting the .sign or the restaurant, Mrs. Ralph replied
that she is against the whole thing, in that we did not need another restaurant,
and she felt it would cause too much distraction. Mr. Harvey pointed out that
the issue before the Commission is the proposed sign, and that the type of
operation proposed is a permissible use in that district. Director Gallop
verified that the restaurant in that district is a permissible use.
Arroyo Grande Planning Commission, 2-6-73 Page 4
Mrs. Ralph pointed out that there is a dangerous bank between Mrs. Lovejoy's
property and the proposed site that they would like to have taken care of. Mr.
Harvey indicated that if upon investigation by the staff, they feel the bank
constitutes a danger to Mrs. Lovejoy, they would be able to work out a 'curbing
or some type of fence.
No further discussion for or against the proposed Use Permit, Vice Chairmane
St. Denis declared the hearing closed, and the following action was taken:
On motion by Commissioner Pope, seconded by Commissioner Spierling, and on
the following roll call vote, to wit:
AYES:
NOES:
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 73-204.
Commissioners Gullickson, Goulart, Pope, Porter, St. Denis
and Spierling.
None
ABSENT: Chairman Jones
RESOLUTION NO. 73 -282 U
the foregoing Resolution was adopted this 6th day of February, 1973.
ASILOMAR CONFERENCE
Director Gallop referred to the announcement sent to the Commissioners with
the agenda material relative to the Asilomar Conference in Pacific Grove, and
pointed out that this particular conference is generally very informative.
ADJOURNMENT
There being no further business before the Commission, on motion by
Commissioner Pope, seconded by Commissioner Goulart, and unanimously carried,
the meeting was adjourned at 8:40 P.M.
ATTEST: L
•Secretary \flc :,•Cha ff rman
4'73