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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