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PC Minutes 1972-05-02416 Arroyo Grande Planning Commission May 2, 1972 The Arroyo Grande Planning Commission met in regular session with Chairman Schultz presiding. Present are Commissioners Berryhill, Jones, Porter and St. Denis. Commissioners Bowles and Nunes are absent. Also in attendance are City Administrator Butch, Public Works Director Anderson, and Planning Director Gallop. MINUTE APPROVAL On motion of Commissioner Porter, seconded by Commissioner Berryhill, and unanimously carried, the minutes of the regular meeting of March 21, 1972 were approved as prepared. DISCUSSION RE: COUNTY PLANNING COMMISSION APPROVAL - SUBDIVISION TRACT #432 LOCATED BETWEEN WILMAR THE PIKE, 21ST AND 22ND STREET IN OCEANO. Director Gallop informed the Commission that this matter had originated at staff level and concerns a subdivision in the Oceano area with frontage on The Pike. Arroyo Grande and Grover City had recommended, and the County Subdivision Review Board, had approved and recommended, to the County Planning Commission that 15 ft. of right -of -way be deeded for purposes of street widening to guarantee an 80 ft. street through the entire area. The County staff agreed with this recommendation and sent it to the Planning Commission, however, at Planning Commission level, this requirement was removed from the condition of approval. The staff of the two cities got together, in view of the fact that neither of the Planning Commissions had immediate meetings, and referred it to the City Councils of Arroyo Grande and Grover City so it could be brought to the attention of the County Board of Supervisors. Both City Councils sent letters to the Board of Supervisors objecting to the Planning Commission action. Director Gallop also noted that there has been another Use Permit almost adjacent to this subdivision and the Planning Commission did require 15 ft. right -of -way in this case. He stated that, because of what has happened in the past, in his opinion, this Commission should go on record recommending to our Council, the Grover City Planning Commission and to the County that a Plan Line be established on The Pike to protect it from any such development in the future. He advised that Public Works Director Anderson recently sat in on a meeting with the County staff, and it was agreed that this would be the way to go to protect this right -of -way on future developments. Mr. Anderson pointed out that there is a plan line pretty well established on The Pike between'Halcyon Road and Elm Street, however, beyond the City Limits, there is nothing. COMMISSIONER NUNES ENTERED THE MEETING DURING THE ABOVE DISCUSSION. Commissioner Porter commented that if curb and gutters are required in connection with a development, or a bond for same, the developer doesn't know when he is going to get the street grades and it seems like it could be quite a ways off. Director Gallop advised that on a subdivision, the developer has to do all of the engineering himself and establish curb grades, etc. After further discussion, on motion of Commissioner Berryhill, seconded by Commissioner St. Denis, motion carried with one abstention by Commissioner Porter, that a recommendation be made to the City Council that they request a Plan Line for The Pike from the County Board of Supervisors, as well as Grover City and Arroyo Grande. On motion of Commissioner Berryhill, seconded by Commissioner Nunes, motion carried with one abstention by Commissioner Porter, that the Planning Commission go on record to the County Planning Commission and Board of Supervisors strongly requesting consideration of subdivision development standards equal to those of both Arroyo Grande and Grover City, particularly, when the subdivisions are within the immediate area or neighborhood of the cities. PUBLIC HEARING - USE PERMIT CASE NO, 72 -191, 231 HALCYON ROAD, COMBINATION OFFICE AND APARTMENT BUILDING (MARVIN K. HARTWIG). Director Gallop. advised the request is to construct a combination office building and apartment in a P -C District, on the Northeast corner of the intersection of Dodson Way and Halcyon Road, and that in checking development plans against the Ordinance, it does comply with all setbacks, parking requirements, lot coverage, etc. Director Gallop pointed out that the plans would have to come before the Committee for architectural approval prior to issuance of a building permit. Mr. Hartwig, petitioner, stated the way the building is designed now, there is 30' of office building in front and the two story apartment building . behind; but the fronting on Halcyon would be one story. Arroyo Grande Planning Commission, 5 -2 -72 Page 2 Upon being assured by Director Gallop that public hearing for Use Permit Case No. 72 -191 had been duly published, posted and property owners notified, Chairman Schultz declared the hearing open. Mr. Bernard Landsman, Newman Drive, expressed concern as to whether or not there would be adequate parking provided to eliminate a number of cars being parked on the corner, and perhaps causing a traffic problem with the children crossing the street going to Margaret Harloe School. Mr. Hartwig showed Mr. Landsman parking plans, and Mr. Landsman commented he thought it was very good. No further discussion for or against the proposed Use Permit, Chairman Schultz declared the hearing closed, and the following action was taken: RESOLUTION NO. 72 -246 U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 72 -191. II On motion of Commissioner St. Denis, seconded by Commissioner Porter, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES: None ABSENT: Commissioner Bowles the foregoing Resolution was adopted this 2nd day of May, 1972. PUBLIC HEARING - USE PERMIT CASE NO 72 -192, 1230 GRAND AVE., THE TRAILER HITCH - FREE STANDING SIGN (H. HOWARD) Director Gallop advised that sometime ago The Trailer Hitch did secure a Use Permit for a free standing sign, and since that time, business has been expanded and rehabilitation of the property accomplished, and they are now asking for a new sign to be located approximately in front of and adjacent to the house being converted to a retail sales outlet. Director Gallop stated that in looking at the property, he would like to suggest that the landscaping requirement be eliminated, provided the sign could be moved over and abut the retaining wall. The sign, as far as overall height and face size, does meet the requirements of the District. Upon being assured by Director Gallop that the public hearing for Use Permit Case No. 72 -192 had been duly posted, published and property owners notified, Chairman Schultz declared the hearing open. Mr. Pepper, a partner of The Trailer Hitch, stated the reason they set it away from the building was to tie the two lots together. Mr. Howard, petitioner, stated one problem they have is there is a telephone pole in the street and if they moved the sign, you won't be able to see the sign coming from the other direction, and they would like to leave the area they have at present in grass and plants, and as far as landscaping the other area, they have had that red rocked and chip sealed. Mr. Howard further pointed out that people do not associate the two lots as being together, which is the reason they want to place the sign in the indicated location. No further discussion for or against the proposed Use Permit, Chairman Schultz declared the hearing closed. Commissioner Berryhill inquired about the landscaping requirements made by the staff. Director Gallop advised that, generally speaking, landscaping required is equal to both faces of the sign. He further advised the reason for recommending automatic sprinkler system is because some landscaping re- quirements in the past have failed for the reason that people would not water, and about six months ago the Architectural Committee began to require automatic irrigation systems. After further discussion, the following action was taken: RESOLUTION NO. 72 -247 U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 72 -192. On motion of Commissioner Nunes, seconded by Commissioner Berryhill, and on the following roll call vote-, to wit:'. 2 417 418 Arroyo Grande Planning Commission, 5 -2 -72 Page 3 AYES: Commissioners Berryh411 , Jones, Nunes, Porter, St. Denis- and Chairman Schultz NOES: None ABSENT: Commissioner Bowles the foregoing Resolution was adopted this 2nd day of May, 1972. PUBLIC HEARING - REZONING CASE NO. 72 - 59. ALPINE STREET..EXT '. R -A-B -3 TO R -1 DISTRICT WALTER G. SCHOENFELDER. Director Gallop advised the property is located at the southerly end and easterly of Alpine Street. If it were broken into a subdivision, four lots would be the maximum netted from the property. The property can be served from an exist- ing parcel of land that ends on Alpine and is within an area where a development plan has been developed, which shows Alpine Street curving to the east and southerly to the vicinity of Woodland Drive and Fair Oaks Avenue. The change is in keeping with the Land Use Plan, and the other adjacent undeveloped areas would probably come in as R -1. Upon being assured by Director Gallop that public hearing for Rezoning Case No. 72 - 59 had been duly posted, published and property owners notified, Chairman Schultz declared the hearing open. Mr. Bernard Landsman, Newman Drive, inquired that if the parcel becomes a small subdivision, what will happen to the small strip of land adjacent to the subject property. Director Gallop advised the property is already zoned R -1 on the upper part. He further advised that on this particular piece of property, it wouldn't make any difference whether it is R -1 or R- A -B -3; only one house can occupy it until it is broken up, and the only way that property will have any value would be to add it to the property on Newman Drive or the new street. Mr. Schoenfelder stated they intend to make four lots; three 60° lots and one double lot. Mr. Serafine,, 217 So. Alpine, stated he bought the narrow strip of property from Mr. Crockett; that the property has a 55' frontage and is 550 ft. deep; that there are two houses on there now. He stated if the Commission is going to change the subject property to R -1, he felt his property should be changed to R -1 also. He further stated he has a 15 ft. right -of -way going from Alpine Street to the house on the back of the property. No further discussion for or against the proposed zone change, Chairman Schultz declared the hearing closed. Director Gallop advised that when the Commission gets to the revision of the zoning map, this could be taken into consideration as one of the problem areas. In answer to Commissioner Berryhill °s question regarding access, Director Gallop advised that they would have to provide adequate access to the four lots as a part of the parcel map. After further discussion, the following action was taken: RESOLUTION NO. 72 -248 Z A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOM- MEND,ING AN AMENDMENT TO THE MUNICIPAL CODE OF THE CItY OF ARROYO GRANDE AS PROVIDED BY CHAPTER 4, ARTICLE 21, OF SAID CODE. On motion of Commissioner Berryhill, seconded by Commissioner Nunes, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES: None ABSENT: Commissioner Bowles the foregoing Resolution was adopted this 2nd day of May, 1972, Arroyo Grande Planning Commission, 5 -2 -72 Director Gallop clarified that these maps at this point are 227 studies and possible access on to it and there are a number of development design alternates that could be adopted in the final design.' Page 4 PUBLIC HEARING - REZONING CASE N0, /2 -60, LAWLER PROPERTY BETWEEN HIGHWAY 101 AND SOUTH TRAFFIC WAY m BETTY MAE LAWLER. Director Gallop advised that because of the area involved, which also involves some future development by the Division of Highways, Director of Public Works Anderson was asked to briefly outline the proposed Highway 227 relocation. Mr. Anderson stated that over the past two years the Division of Highways has been planning, at the request of the City, an alternate route for Highway 227 through the town, and taking it off of Branch Street. Mr. Anderson proceeded to go over the proposed route alignment and its intersection with Highway 101 and connection to Valley Road. He stated there was quite a bit of discussion on the area where 227 crosses the freeway as to what would be done with frontage roads, off -ramps and on- ramps in the area. He said the alternate routes were discussed in two public meet- ings and were fairly well accepted, and the Division of Highways was now drawing up plans to have a route study which could be adopted. Director Gallop pointed out that the rezoning request is for Highway Commercial zoning, and such zoning on a private road without adequate access is not good zoning and in his opinion is premature and speculative. He further advised that the Land Use Plan does not anticipate Commercial zoning south of Traffic Way and the Freeway and that, legally, to extend that zoning, the Land Use Plan would have to be changed. He pointed out that Mr. Lawler does have access from the freeway south of the property, and that there is not an easement of record joining this particular access. Upon being assured by Director Gallop that public hearing for Rezoning Case No. 72-60 had been duly posted, published and property owners notified, Chairman Schultz declared the hearing open. Mr. Dwyer, speaking on behalf of Mr. Lawler, stated that sometime in the future a new highway is going to be coming in south of the Commercial uses, which is going to be one of the principal highways, and that some day the Land Use Plan is going to have to be readjusted. In the future this highway is coming into this area and when it does, most of the proposed routes are in the vicinity of the subject property, and it would seem that one of the highest functions of the Planning Commission is to plan ahead. Mr. Jerry Weaver, of Pismo Beach, was present representing the Lawlers. Mr. Weaver stated he had read the staff report. He pointed out that the property is not easily accessible from the freeway at this time but there is an and off ramp access to the freeway that comes into the south end of the property that provides access into the property and, actually, it is not an on ramp, but it is a paved road that goes into the freeway. Director Gallop advised that the objection of the staff is that this property has an easement problem, it is not a good public road, and it is not a dedicated road. On one side there is an offer for dedication, however, the Lawlers would not cooperate and sign an offer for dedication. Mr. Weaver stated that his clients would be more than willing to dedicate to the City their portion of this road. He said the property is not conducive to residential development, and it doesn't look like it will be. His client has nine acres and only has one house on it, and he didn't feel it was premature to ask for rezoning when he has freeway access to this property from one end. He did not think it was quite fair to prevent the man from developing his property to the highest and best use, and that the Latter Day Saints Church was not opposed to the rezoning. Mr. Deane, owner of the adjacent property, stated his property runs to the middle of the road and he is very much opposed to the rezoning. He stated he is'not opposed -to the fact that some day this would bean access'road corning back :into'town, but he is opposed the fact that someday this might be all commercial.: , He stated he owns the; other s ide of that 60° road and he has made no., agreement ,with'the City for twhat:r ±Lghtaof- way,, Mr.,Lawler stated he would donate the: whole,60°; right- of;way for the, road; Mr. Deane stated he was con - cerned about theifuture planning of,the,road. and what might be going into the . property, and,he didn!t think it had been proven the land was not conducive to a residential area. 41 420 Arroyo Grande Planning Commission, 5 -2 -72 Page 5 Mr. Wm. Carlyle stated he would like to submit his views in favor of Mr. Lawler at this time, and he is in accord with Mr. Lawler for the reason that the mechanics of development require the zoning first. He stated, in his opinion, there is no question as to Highway use with the mechanics of zoning being in the sequence they normally follow. He would be in favor of giving Mr. Lawler the opportunity of the rezoning and he felt it would upgrade the use. Mrs. Marie Cattoir was present and stated she and her husband believed it is a logical turn of events that the property be zoned Highway Service. She further stated that Mr. Hall owns the lot between her home and Mr. Deane °s, called her last evening and advised he would like to have a voice in the proceed- ings. Director Gallop pointed out that: 1. They do not have any street in the property; 2. It is not recognized in the Land Use Plan, which presents a question of legality; and 3. H -S Zoning opens the door to a long list of permissive uses that could go in there without a Use Permit and, legally speaking, we could probably not require improvement of the property for permissive uses in the Highway Service District. He stated that until we know where this new access road will be and development of Highway 227, he didn't feel the property was ready for this zoning at the present time. Director Gallop stated that under State legislation, any zoning has to comply with the Land Use Plan formally adopted by the City. Mr. Weaver requested that, if there is a question of legality of the zoning, he would request the hearing be continued until an opinion can be obtained from the City Attorney. On motion of Commissioner Porter, seconded by Commissioner Jones, and unanimously carried, the Rezoning Case was tabled until a legal opinion can be obtained from City Attorney Shipsey. REVIEW - USE PERMIT CASE NO. 69 -138 SAN LUGS OBISPO SAVINGS & LOAN ASSOCIATION 1191 GRAND AVENUE MOBILE OFFICE FACILITY EXPIRATION OF THREE YEAR TIME LIMIT Director Gallop advised this is a review, and the Savings and Loan Association have purchased permanent quarters and are presently going to contract for remodeling of this building. Director Gallop recommended that a six month extension be granted and that the Commission include a requirement that when the present property is abandoned, that it be returned to the condition it was prior to occupancy. After discussion, the following action was taken: RESOLUTION NO. 72-249 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING AN EXTENSION OF TIME TO USE PERMIT CASE NO. 69 -138, AND AMENDING RESOLUTION NO. 69-121 U. On motion of Commissioner Nunes, seconded by Commissioner Berryhill, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES: None ABSENT: Commissioner Bowles the foregoing Resolution was adopted this 2nd day of May, 1972. LETTER FROM RESIDENTS OF LINDA DRIVE RE: LINDA DRIVE - BENNETT ST. EXTENSION Director Gallop referred to a letter dated May 1, 1972 addressed to the Planning Commission from the homeowners on Linda Drive, and advised the letter indicates the homeowners are opposed now, as they were originally, to the extension of Linda Drive. He further advised that interest has been expressed regarding development, and the people who are interested In it have indicated they are not particularly interested in Linda Drive coming through to Halcyon Road. After discussion, on motion of Commissioner Nunes, seconded by Commissioner St. Denis, motion carried with one abstention, that Development Plan #3 be referred back to the staff for more study and consideration. LITTER Director Gallop advised that several years ago there was quite a bit of discussion about the possibility of considering an Anti-Litter Ordinance prohibiting the distribution of advertising material on private property. He referred to a letter from Mr. Patterson, dated April 20, 1972, addressed to Mr. Butch, objecting to these advertising supplements being thrown in his yard. Mr. Butch advised that Mr. Patterson had called him today stating he had been advised by Santa Maria Times that if he did not wish to receive throw - aways, to submit his name and delivery would be stopped. Mr. Blankenburg, of the Five Cities Times- Press- Recorder, was present and advised they have the same procedure. Director Gallop stated he didn't think one letter warrants any action on the part of the Commission at this time. 1 Arroyo Grande Planning Commission, 5 -2 -72 Page 6 Director Gallop pointed out that the Commission could ask for a re -study of the plan by staff, and a change of the development plan or abandonment of same would require a public hearing. Commissioner Berryhill commented, in his opinion, the letter presented by the homeowners of Linda Drive was well done and they have some good points, and he felt the matter should be open again to " public hearing, and request the staff to make a study on alternates. Mr. Gallop stated that certain alternates could very well be carried out only through an expenditure on the homeowners part; that the City could not be concerned about protecting them beyond normal means of protection, and if they feel strong enough, that this street should be a dead end, they could become involved financially in the matter, LEAGUE OF CALIFORNIA CITIES - CHANNEL COUNTIES MEETING Mr. Butch advised the League of California Cities, Channel Counties Meeting would be held in Ojai on the 19th of May if any of the Commissioners are interested in attending. PROPOSED DEVELOPMENT - LYNN DEVELOPMENT CO. Director Gallop showed a preliminary development idea by Lynn Development Company to the Commissioners, advising it is a redesign of the P -D property on Elm Street and The Pike. The Planning Director requested Commission acceptance of the development idea as to whether they would entertain the new plan under the P -D zoning. After discussion by the Commission, it was generally agreed that they would be happy to consider the alternate design as indicated on the plans shown. ADJOURNMENT There being no further business before the Commission, Chairman Schultz declared the meeting adjourned at 10 :00 P.M. ATTEST: 42'.1