PC Minutes 1972-03-07Arroyo Grande Planning Commission.
March 7, 1972
The Arroyo Grande Planning-,Commission met in regular session with Chairman
Schultz presiding. Present are Commissioners Bowles, Berryhfi11 ,Jones, Nunes and
St. Denis. Commissioner Porter is absent._ Also.inattendance.a,re City Administrator
Butch and Planning Director Gallop.
MINUTE APPROVAL
The minutes of the regular meeting of February 15, 1972 were approved as pre-
pared on a motion by Commissioner Bowles, seconded by Commissioner Nunes, and
unanimously carried.
REQUEST FOR ABANDONMENT OF ROSE STREET
Director Gallop advised that Rose Street actually no longer exists, although'
there is a portion of this right of way outside of the existing Frontage Road right$'' '
of -way. He pointed out that Mr. Glenn Peters purchased the property adjacent to this
portion of the old right -of -way and in order to provide better access to his property
and to eliminate an unnecessarily wide piece of right -of -way, he is asking' for abandon-
ment.
It was pointed out that Director of Public Works Anderson has reviewed the
matter and has recommended disposing of the property, subject to the three items
listed in his memo to Mr. Butch, dated February 28, 1972, as follows:
1. Rose Street serves as access to the property on the east and
provisions would have to be made for continued access to this
property.
2. Excess property adjacent to Frontage Road and Central Blvd.
subject to street plans to meet requirements of the City and
descriptions of properties to be disposed of.
3. As the area involved is quite small, I would recommend that the
minimum sale price be sufficient to cover the City's time and
review and cost of advertising, posting, etc., approximately
$200.00.
COMMISSIONER PORTER ENTERED THE MEETING
`' -'r_(( n1 r q C mmiss :or
After discussion, on motion of Commissioner Bowles, seconded by Commissioner
Berryhiill, "motion carried with one abstention, that a recommendation be made to the
City Council for the abandonment of Rose Street right -of -way, conditioned upon the
three.stipulations set forth in Director of Public Works memo to Mr. Butch, dated
February 28, .1972.
REPORT ON PLANNING SEMINAR IN SAN JOSE
Director Gallop advised that Chairman Schultz and himself recently attended
the League of California Cities Planning Seminar in San Jose. Some of the items
studied were on new concepts of land use development new legislation, etc.
Director Gallop stated he was particularly interested in the new legislation, and
that most of the conferences he attended dealt with this particular problem. He
advised that under the new legislation on Planning, three new elements of the
General Plan are being required; two of_whi ch,wi l l,.be effective .this year. One
:. � ..:_ _ .•_ is
element deals with Open Space, which. the .County., i,s pr,esently, on, and
legislation has been.introduced to ext,end,the deadl.i,nedto,.,1973' t The second element,
which is supposed.to be,prepa .this_yeara_ deal s_wi.t :" Another
element which is required,. is -one .ba,sed on.,seismology and earth,sl ides. Director
Gallop added that by January 1, 197 every county and city is also going to be
required to have its General Land Use Plan substantially in keeping with the
Zoning Ordinance, or v i c e ce versa .. ...1-: ,Je r or ha s ,
Chairman Schultz reported that his concensus was that the city and
county is going to be over - shadowed by state agencies very shortly, and that
everything we are going to be doing in the near future is going to be
scrutinized by the state.
PUBLIC HEARING - VARIANCE CASE NO. 72 -46, 516 GRAND AVENUE, ADDITION TO SINGLE
FAMILY RESIDENCE IN AN H -S DISTRICT (A. HAYASHI).
Director Gallop reviewed that the.Commercial Districts do not permit
new residential construction, and residences are non - conforming, however, in
the past variances have been granted to residences that have not been converted
to commercial uses up to this point. .
409
410
Arroyo 'Grande. Plan Commission, 3 - 7 -72. Page 2
Director Gallop explained that Mr. Hayashi is requesting a variance to
expand a house in which he has been living for 18 years to accommodate his
family.
Upon being assured by Director Gallop that public hearing for Variance
Case No. 72 -46 had been duly posted, published and property owners notified,
Chairman Schultz declared the hearing open.
As there was no discussion for or against the proposed Variance, Chairman
Schultz declared the hearing closed, and the following action was taken:
RESOLUTION NO, 72 -240 V
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO, 72 -46.
On motion of Commissioner Porter, seconded by Commissioner Jones, and on
the following roll call vote, to wit:
AYES r; Comm iss i,oners. Bowl es Ber.ry,h i l,l, Jones., ; Nunes., Porter, St Denis ,
and Chairman Schultz _
NOES: None _
ABSENT: None
the foregoing Resolution was adopted this 7th day of March, 1972.
PUBLIC HEARING - REZONING CASE NO, 72 -56, OAK PARK BLVD. AND CHILTON STREET -.
F -S DISTRICT TO H -S DISTRICT (GLENN E, PETERS)
Director Gallop advised that the subject rezoning case had been filed
upon his recommendation, and pointed out that when Mr. Peters had requested
a Use Permit to construct a facility in the area indicated on the map, he
indicated that perhaps he would want to go into the retail - wholesale school
supply business, which is not permissive in the Freeway Service District,
but would, be_permissi:v,e in the Highway Service District, Director Gallop
also pointed, out that_ at. t,he last Planning Commission study session, the
Commission agreed to recommend that Freeway Service be abolished from the
Zoning ,Ordinance because it was so restrictive, and H -S would replace all
F -S zoning,
Upon being assured by Director Gallop that publie'hearing for Rezoning
Case No. 72 - 56 had been duly posted, published and property owners notified
Chairman Schultz declared the hearing open.
No discussion for or against the proposed rezoning, Chairman Schultz
declared the hearing closed.
After a brief discussion, the following action was taken:
RESOLUTION NO, 72 -241 Z
A 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 of Commissioner St. Denis, seconded by Commissioner Bowles,
and 'on the following roll call vote, to wit:
AYES:' Commissioners Bowles, Berryhill, Jones, Porter, St, Denis.
and" Cha i'rman Schu°l`t'z'
NOES: None
ABSTAINED: Commissioner Nunes
ABSENT: None
the foregoing resolution was adopted this 7th day of March, 1972.
PUBLIC HEARING - REZONING CASE NO. 72-57, SOUTH ELM STREET - R -1 DISTRICT
TO R -G DISTRICT (JAMES ESSARY).
Director Gallop advised that the property petitioned for rezoning is a
series of lots facing on Elm Street, on the east side of the street, south
of Sunset Drive. The request is to change to R -G District, and the property
abuts an R -G District. He further advised that these lots, with the
Arroyo Grande Planning Commission, 3 - - Page 3
exception of three lots facing on Maple Street, are all quite large and quite
deep, with the average lot in excess of 200' in depth and several hundred feet
in width, which is not good for R -1 lots and would have to be broken up by
either lot split or subdivision, and he indicated he didn't think the owner-
ship was such that subdivision could be brought about.
Upon being assured by Director Gallop that public hearing for Rezoning
Case No. 72 - had been duly posted, published and property owners notified,
Chairman Schultz declared the hearing open.
Mr. Eugene Lombardi, 175 So. Elm Street, was present and stated he was
speaking for himself and some of his neighbors, and that due to the fact that
this property is so deep, there is a lot of area in the back of the property
that is not used, and he is in favor of a zone change to R -G District. Mr.
James Essary, the petitioner for the zone change, stated he owns a small lot
on Elm Street and he is in favor of the zone change and, in his opinion, the
lots are too deep to be utilized as R -1.
e
Mrs. Redick, 162 So. Elm Street, inquired as to why the City was interested
in developing the west side of Elm Street first. Director Gallop advised that
where a plan line has been established, whenever improvements are made, the
developer must improve that portion of the street which his property faces.
Administrator Butch explained the reason the City wants to acquire the west
side of Elm Street first is so that they can extend the storm drain to the
ponding basin, Mr. Ralph Richards, Alder Street, and Kay Carmichael of
Bonanza Realty,, stated they felt the R -G Zoning would be a good use of the
property.
No further discussion for or against the proposed rezoning, Chairman
Schultz declared the ; hearing closed ; and, after discussion, the following
action was taken:
RESOLUTION NO. 72 -242 Z
A 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 of Commissioner Nunes, seconded by Commissioner Berryhill, and
on the following roll call vote, to wit:
AYES: Commissioners Bowle, Berryhill, Jones, Nunes, Porter, St. Denis
and Chairman Schultz
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of March, 1972.
PUBLIC HEARING - REZONING CASE NO,. 72 -58, POPLAR STREET - C -N DISTRICT TO
11- DISTRICT (W, C, PAYNE) ,
Director Gallop advised the request is for a zone change from Neighborhood
Commercial District to R -3 District for that property facing Poplar Street,
west of Williams Brothers Market complex to Juniper Street. He advised that
these lots are currently all developed residential. A portion of that property
facing Grand Avenue, which backs up to these lots, has been sold for commercial
development and will not utilize the Poplar frontage property for commercial
use. Director Gallop stated, in this particular case, he felt that R -3 zoning
is a good use for this property because it does eliminate some commercial
zoning which we have too much of, and it would give us some zoning which -is
badly needed.
Upon being assured by Director Gallop that public hearing for Rezoning
Case No, 72 -58 had been duly posted, published and property owners notified,
Chairman Schultz declared the hearing open.
Mr. W. C. Payne, petitioner . for the rezoning, was present and stated he
was in favor of the rezoning; that he has a large lot on the corner and would
like to build apartments on it.
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412
Arroyo Grande Planning Commission, 3 - - Page 4
Mr. McKenna,stated he was owner of the property next door and he was
against this development on a corner lot; he felt the apartments would block
him off too much; and with tenants going in and out all of the time would
generate too much traffic on an already busy street. Kay Carmichael, Bonanza
Realty, stated she had nothing to do with the development, but that the City
is badly in need of housing and rentals.
Mr. Hogan, 1255 Poplar Street, was present and inquired as to why this
entire section would have to be rezoned. Director Gallop pointed out that
he was given an application for rezoning from C -N District to R -3 District
of property consisting of eight parcels, and that six out of the eight
property owners had signed the petition. He further advised that Mr. Payne
filed the rezoning request, paid the $75.00 filing fee, and this is a legal
request for zoning, and the reason it is necessary for Mr. Payne to change
the zoning is that residential development is not permitted in the C -N District,
which is restricted to retail use only. The area defined in the petition is
defined by the petitioner. Mr. Hogan indicated that the petition was mis-
represented and that he did not want his property rezoned. Director Gallop
advised that if Mr. Hogan wanted his property withdrawn from the application,
this could be done. Mr. Hogan advised to leave it in.
Mrs. Wheeler, property owner on Poplar Street, stated she did not see
a petition; only that she had been asked if she would like to have a triplex .
built next to her.
In answer to inquiries as to the number of units that could be built
on the property, Director Gallop advised that, under ideal conditions, the
maximum number of units would be nine, depending on the size of the lot,
design of the building, what structures are now existing on the property, etc.
No further discussion for or against the proposed rezoning, Chairman
Schultz declared the hearing closed.
Commissioner Berryhill stated, in his opinion, it doesn't seem
reasonable to change 1/4 block of potential Commercial property to R -3
District, and it appeared that if the property is going to .change in
character, it would have a tendency to go to ,commercial rather than R -3.
He didn't think it was reasonable to assume that Williams Brothers would
not expand, and indicated there was more potential for commercial develop-
ment than for residential development. After further discussion among the
Commission members, the following action was taken:
RESOLUTION NO. 72 -243 Z
A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION
DENYING 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 Nunes, seconded by Commissioner St. Denis, and
on the following roll call vote, to wit:
AYES: Commissioners Bowles, Berryhill, Jones, Nunes, Porter,
St. Denis and Chairman Schultz
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of March, 1972.
Chairman Schultz informed Mr. Payne of his right to appeal the Planning
Commission decision to the City Council within 10 days of this date.
FINAL DEVELOPMENT PLANS - CIELO VISTA MOBILEHOME PARK (YOSEMITE CONTRACTORS)
Director Gallop advised that last January, 1971 a Use Permit was granted
to Yosemite Contractors to build a mobilehome park on Valley Road and that
only a very preliminary plan was submitted. A public hearing was held and
the Use Permit granted with 22 conditions. The matter was appealed to the
City Council, who in turn held a public hearing on the matter, and on March
9th, upheld the Use Permit granted by the Planning Commission with certain
amendments, and in that action the City Council directed the Planning
Commission to adopt a new resolution reflecting the conditions set out by
the Planning Commission and the Council amendments and conditions.
Arroyo Grande Planning Commission, 3 - - Page 5
One of the conditions of the Use Permit granted by the Commission was that
the developers come back to the Commission with the final development plan of
the park insofar as street alignment, etc. is concerned, and also supply a
landscaping plan. The landscaping plan has not been done at this point, nor
has the complete engineering been completed as this is tremendously expensive
and time consuming. In reviewing the Resolution and the Council action, the
general intent of the Use Permit has been followed, the particulars of the Use
Permit have been met; these are precise requirements and will be shown in the
final plan.
Director Gallop further stated, after reading the former Planning
Commission and City Council actions on the Use Permit that, if after review, the
plan is acceptable to the Planning Commission, it could be incorporated into a
new resolution which would also incorporate the Council action of March 9th.
Mr. Vic Kliewer, Yosemite Contractors, was present and advised that they
have spent considerable time on the drainage study, which is the main reason
for the delay in the project, and they also had to have the property flown for
topo reasons.
Mr. Robert Goulart, 801 Opal Drive, was present and stated the Planning
Commission restricted that construction start within one year. He indicated
this was started in September 1970, approved March 9, 1971, and it is now
March 7, 1972, and it was his understanding that construction would start
within one year. He further stated that construction cannot start without
full plans, and that when this was brought up, Mr. Kliewer was in agreement.
Mr. Goulart stated he felt the contractors have had sufficient time to present
a plan. Mr. Payne, 408 Leanna Avenue, stated he was opposed to this develop-
ment originally and still remains opposed to it. Mr. Kliewer stated they have
started construction in that they have had a tractor out there working and have
done a lot of bulldozing, and the project is in progress now. Mr. Goulart
stated it was his understanding during the public hearings that no construction
could start other than soil testing, etc., until such time as the final plans
have been approved.
Mr, Conrow was present and advised the Commission that his family bought
this property in 1905, and in 1954 they sold the property because the taxes
were over $100 an acre. He stated the land where Mr. Goulart is living was
sold for a subdivision and that is what caused their taxes to go up, and now
the people that bought his property want to build a mobilehome park, and he
couldn't see why anybody is against having a mobilehome park there.
With regard to the statement that construction of the mobilehome park
was to start within one year from the date of the Use Permit, Director Gallop
advised that the recommendation was in the Planning Commission resolution
recommending the Zone Change to R -3, and apparently was not picked up by the
City Council, and it would have to be stipulated specifically in the
Ordinance adopted by the City Council; the Planning Commission resolution is
a recommendation for a zone change.
After further discussion, the following action was taken:
RESOLUTION NO. 72 -244 U
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO
GRANDE AMENDING PLANNING COMMISSION RESOLUTION NO, 71 -187 U
GRANTING A USE PERMIT, CASE NO. 70 -166.
On motion of Commissioner Nunes, seconded by Commissioner Jones, and on
the following roll call vote, to wit:
•
AYES: Commissioners Bowles, Berryhill, Jones, Nunes, Porter, St. Denis
and Chairman Schultz
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of March, 1972.
ADJOURNMENT
There being no further business before the Commission, Chairman Schultz Ada
declared the meeting adjourned at 10 :30 P.M. /, ��
ATTEST: r a (� > -,./ /L� / . / f% %/ ��
Secretary / Chairman
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