Loading...
PC Minutes 1971-12-07Arroyo Grande Planning Commission December 7, 1971 The Arroyo Grande Planning Commission met in regular session with Chairman Schultz presiding.. Present are Commissioners Berryhill, Bowles, Jones, Nunes and Porter. Commissioner St. Denis is absent. Also in attendance are Councilwoman Thompson, City Administrator Butch, and Planning Director Gallop. MINUTE APPROVAL The minutes of the regular meeting of November 16,, 1971 were approved on a motion by Commissioner Bowles, seconded by Commissioner Nunes, and unanimously carried. REPORT ON C.B.D. PROGRAM Director Gallop advised that last Tuesday evening a joint meeting was held by the Downtown Parking and Business Improvement Area Advisory Board with the City Council and Central Business District Committee for discussion of the program for the continued development of the Central Business area. Director Gallop gave a brief summary of the progress of various programs underway, and proposed improvement projects. COMMISSIONER ST. DENIS ENTERED THE MEETING DURING THE ABOVE DISCUSSION. Director Gallop advised that the programs outlined are all in keeping with the Central Business District Element of the General Plan and the implementation of that plan. REPORT ON COASTAL VALLEY PLANNING COUNCIL MEETING Commissioner St. Denis reported that at the last meeting of the Coastal Valley Planning Council, the Pismo Beach -Avila General Plan and the South County General Plan were discussed, and indicated there were no changes on either one at this time. He advised the topics for the winter seminar were also reviewed, and the Council agreed on Land Use Concepts and securing speakers to discuss new types of subdivisions, new land use developments, etc. PUBLIC HEARING - PROPOSED AMENDMENT. CHERRY AVENUE PLAN LINE Chairman Schultz asked Public Works Director Anderson to review the plan line regarding what has happened in the past and what is proposed. Mr. Anderson referred to a proposed preliminary plan line amendment and pointed out the present adopted plan line. He explained that at the present time there is a 60' plan line approved, and development is proposed by holding the north property line and putting the total development on the south side of the property. The City Council felt that something should be done to develop two lanes of traffic, and to do, this with the money available, the amendment to the plan line provides for acquiring 14' right -of -way from the north side of the street. This would enable the City to install curb, gutter and driveway aprons in exchange for the property, and paving of 22 feet to provide two 11 ft. driving lanes. Development of the remainder of the right -of -way would then wait until some future time when the property to the south is developed or it is felt that the City needed it for future right -of -way. Mr. Anderson stated that, in his opinion, this plan would suffice for quite a few years, and the remaining half of the street would be acquired and improved through dedi- cation when that property was developed. He stated that in anticipation of this meeting, he did go up and down the street and talk to the property owners, reviewing the problems and showing them where their present property lines are and where the new plan line would be. He pointed out that in order to meet the old alignment at Railroad Avenue, there would have to be a curve in the road, which would require a little more than 14' in certain areas. Upon being assured by Director Gallop that public hearing for the proposed amendment to the Cherry Avenue Plan Line had been duly published, Chairman Schultz declared the hearing open. Mr. Tony Abrate, 309 E. Cherry, Mr. Carranza, 303 E. Cherry, Mrs. Elizabeth K. Finley, 407 E. Cherry, Mr. Curtis Lowe, 321 E. Cherry, Mrs. Agnes Luke, 425 Traffic Way, and Mildred Loyal], 125 E. Cherry, were present and spoke against the proposed amendment to the Cherry Avenue Plan Line. Director Gallop explained the meaning of a !'Plan Line'; in that once a plan, line has been established and adopted, no one can build within that line and it becomes an established right -of -way for future development. Administrator Butch pointed out that with curb and gutter installed, there would be better drainage in the area, and also the street would be swept once a week. 391 392 Arroyo Grande Planning Commission, 12 -7 -71 Page 2 Mr, Bob Goulart, 801 Opal Dtive, inquired that if the .City will give curb and gutter and driveway aprons in lieu of payment for the property acquired, would the City give the property owners their choice of whether they wanted curb and gutter installed or payment for the property acquired'. Mr. Anderson stated this would be a decision for the City Council, but that if the property was acquired some other way, then it would be the property owners' responsibility to put in the curb, gutters and driveway aprons. Chairman Schultz stated that the Planning Commission has been asked to consider the proposed amendment to the Plan Line because the one way street has been a problem for a good many years and the City hopes to overcome this by putting in a two way street for a better flow of traffic. No further discussion for or against the proposed amended plan line, Chairman Schultz declared the hearing closed. Director Gallop reiterated that the presently adopted plan line would take 44' from the south side of the street, and the amended plan line would take 14' from the north side and 30' from the south side at a later date, and would give a better alignment to the "S" turn at Pacific Coast Railway Place. Mr. Anderson advised that one of the prob °lems in developing the street on the south side is that there would)be problems with controlling drainage without some kind of improvements on the north property line. After further discussion, the following action was taken: RESOLUTION NO. 71 -223 P A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE PRESENT CHERRY AVENUE PLAN LINE BE RETAINED. On motion of Commissioner Jones, seconded by Commissioner St. Denis, and on the following roll call vote, to wit: AYES: Commissioners Jones, Porter and St. Denis NOES: Commissioners Berryhill, Bowles, Nunes and Chairman Schultz. ABSENT: None the foregoing Resolution was dented this 7th day of December, 1971. After further discussion, the following action was taken: RESOLUTION NO. 71 -224 P A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING ADOPTION OF THE CHERRY AVENUE PLAN LONE AMENDMENT. On motion of Commissioner Berryhill, seconded by Commissioner Nunes, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Bowles, Nunes and Chairman Schultz NOES: Commissioners Jones, Porter and St. Denis ABSENT: None the foregoing Resolution was adopted this 7th day of December, 1971. PUBLIC HEARING USE PERMIT CASE NO 1 1 9 - PACIFIC SOUTHWEST REALTY CO FREE STANDING SIGN - WMS. BRO'111.. SHOPPING CENTER. GRAND AVENUE AND ELM STREET Director Gallop reviewed that at the last regular meeting of the Commission, a Use Permit was approved for a temporary bank structure on the Williams Bros. property, and they are now applying for a Use Permit to erect a free standing sign to be placed within the planter area adjacent to the parking area and Grand Avenue sidewalk. Director Gallop displayed a picture of the proposed sign and stated the sign face measures 7 °4" wide and 9' 4" high, having a square footage of 65 sq. ft., and that the sign would also have a 20° clearance from grade, or an overall height of 29'4 ". He reviewed the staff recommendations, and pointed out that the bank is requesting the permit for two years. Upon being assured by Director Gallop that public hearing for Use Permit Case No. 71 -179 had been duly published, posted and property owners notified, Chairman Schultz declared the hearing open. Grande P for t ing - .CommlssIon, 12 -7 -71 Page 3 44 •0 avldA)'iths,: Real Estate Officer for Security Paclf_ic Bark, Los; Angeles, was present a advised that they concur with the items as set forth In the staff recommendations, and showed Commission members a picture of the tower sign to be erected.., - No further discussion for or against the proposed Use Permit, Chairman Schultz declared the hearing _closed, and the following action was taken: RESOLUTION NO. 71 - 225 U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 71-179. On motion of Commi-ssioner.Porter, seconded by Commissioner Nunes, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Bowles, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES; None ABSENT: None the foregoing Resolution was adopted this. 7th day of December, 1971. PUBLIC HEARING - USE PERMIT CASE NO. 71 -180, RED TOP CAB CO., 101 TRAFFIC WAY - GARAGE AND SERVICE STATION. Director Gallop advised the request is to use existing structures located in the triangular area between Branch Street and Traffic Way. He stated there is an old service station there, which is a permissive use in the District, and that the property, which is quite small, also contains:, a garage building. He recommended that the avail- able parking area be used only for vehicles being repaired or waiting for pick -up by owners, and that storage of vehicles, trailers, etc. be prohibited, and he felt there was room for not more than four cars at the most. Upon being assured by Director Gallop that public hearing for Use Permit Case No. 71 -180 had been duly published, posted and property owners notified, Chairman Schultz declared the hearing open. Mr. Al Dishrnan, the petitioner, was present and advised he would like to open a 24 hour service garage in this area. Director Gallop, advised this would be considered a two bay garage and is a legal use subject to Use Permit procedure. Mr. Bob Goulart, 801 Opal Drive, was present and stated that because of the problems they, the Citizens' Committee, have been having in the past because of conditions stated in Use Permits being unsuccessful, it was his opinion that in Use Permjts'of this type, a special condition should be stated in the Use Permit whereby the use permit be approved subject to Article 28 of the Zoning Ordinance and all ordinances that pertain to the use in the operation of the business. Director Gallop pointed out that when issuing a Use Permit, unless public'health, safety and welfare are in danger, a Use Permit shall be issued. Na further discussion for or against the proposed Use Permit, Chairman Schultz declared the hearing closed., Commissioner Berryhill stated, with regard to Mr. Goulart's request, he would like to have a formal opinion from the City Attorney regarding method of enforce- ment of Use Permits and abating of nuisances, and that he felt if the Commission is going to pick that section out of the ordinance, there might be other sections that should also be incorporated. Director Gallop stated there are certain permissive uses in any zoned districts, and that you cannot refer to other ordinances in grant- ing a Use Permit unless It Is applicable. Mr. Goulart requested that the Commission hold this matter over until a statement can be obtained from the City Attorney. After discussion, the following action was taken: RESOLUTION NO. 71 -226 U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 71.180. 393 394 Arroyo Grande Planning Commission,, 12 -7 -71 Page 4 On motion of Commissioner Berryhill, seconded by Commissioner Jones, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Bowles, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of December, 1971. PUBLIC HEARING - USE PERMIT CASE NO, 71 -181 - FIVE CITIES RENT-ALL TRAFFIC WAY uUIPMENT RENTAL YARD (GIBBS). Director Gallop advised the property involved is the old service station on the inside of Traffic Way just northerly of the creek and the bridge. Mr. Gibbs is re- questing a Use Permit to conduct an equipment rental business. Mr. Gallop pointed out that the existing gas pumps in front of the old service station are to be removed, and the gas tanks will either have to be removed or filled. He further advised that Mr. Gibbs originally had proposed a folding gate fence on the entire frontage on a 20' setback, but that because of the difficult grade on the driveway, he would prefer that a full stationary fence be installed on a 20' setback on the northerly one half of`the frontage, and that the folding gate be permitted on the lower end. Director Gallop reviewed that this request was before the Commission previously when the property was zoned Freeway Service, and at that time it was the Commission's opinion that this use could not be permitted in a Freeway Service District, but could be permitted in the Highway Service District under Use Permit procedure, and that since that time a zone change request was submitted, approved and adopted, rezoning the property to Highway Service District. Upon being assured by Director Gallop that public hearing for Use Permit Case No. 71 -181 had been duly published, posted and property owners notified, Chairman Schultz declared the hearing open. Mr. Goulart, 801 Opal Drive, again requested that this matter be held over until a decision can be obtained from the City A'Ct.o=rney with reference to Use Permits being approved subject to Article 28 of the Zoning Ordinance and all ordinances that pertain to the use, and that in the interest of the residents of the City, he felt he would have to file an appeal on the Use Permit just granted and also on this Use Permit, if granted, and if it took several months additional time for final approval, that would be unfortunate. Mr. Gibbs, tttloiler.' for Five Cities Rent -All, stated that he would be happy to have the stipulation written into his use permit, and asked Mr. Goulart if this would satisfy him. Mr. Goulart indicated he would agree, if Article 28 is involved in this particular zoning and covers the nuisance factor, welfare, health and safety of the people. No further discussion for or against the proposed Use Permit, Chairman Schultz declared the hearing closed, and the following action was taken: RESOLUTION NO. 71 -227 U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 71 -181. On motion of Commissioner Nunes, seconded by Commissioner Jones, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Bowles, Jones, Nunes, Porter, St. Denis and Chairman Schultz. NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of December, 1971. AMENDMENT TO RESOLUTION NO, 226 USE PERMIT CASE NO, 71 -180 RED TOP CAB CO. Director Gallop recommended, in view of Mr. Goulart's statement that he would file an appeal on Use Permits approved without the condition that the Use Permit is subject to Article 28 of the Zoning Ordinance and all ordinances pertinent to the District, that Resolution MD. 71 -226 U, approving Use Permit for Red Top Cab Co., be amended to include this condition to avoid an appeal being filed. 1 Arroyo Grande Planning Commission, 12 -7 -71 Page 5 After further discussion by the Commission, the following action was taken: RESOLUTION NO. 71-228U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE AMENDING RESOLUTION NO. 71- 226 USE PERMIT CASE NO. 71 -180. On motion of Commissioner Nunes, seconded by Commissioner St. Denis, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Bowles, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of December,. 197.1. USE PERMIT CASE NO. 71 -182, AMERICAN AUTOMOTIVE. BRISCO RD., USED CAR SALES LOT (NETTO) Director Gallop referred to the addendum to the staff report, dated December) 7, 1971, and advised that Director of Public Works Anderson had recommended that a sidewalk be installed on this property along with the improvement of the property with blacktop. Upon being assured by Director Gallop that public hearing for Use Permit Case No. 71 -182 had been duly published, posted and property owners notified, Chairman - Schultz declared the hearing open. Mr. Pete Netto, petitioner, stated he would not be able to put in sidewalks,in that his present lease is only for a year and a half and the property is for sale. He stated if the property doesn't sell, he could get a longer lease. Director Gallop recommended that, if the Commission wishes, the Use Permit could be reviewed in one year and sidewalk then required if the lease was to be renewed. Mr. Bob Goulart, 801 Opal Drive, requested that the requirement be included for Use Permit subject to Article 28 of the Zoning Ordinance and all ordinances pertinent to the use in the District. No further discussion for or against the proposed Use Permit, Chairman Schultz declared the hearing closed, and the following action was taken ATTEST: Secretary RESOLUTION NO. 71-229 U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 71 -182. On motion of Commissioner Nunes, seconded by Commissioner Bowles, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Bowles, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of December, 1971. OPINION FROM CITY ATTORNEY In answer to Commissioner Berryhill's question regarding an opinion from the City Attorney on Mr. Goulart's request for Use Permits being approved subject to Article 28 of the Zoning Ordinance and all ordinances pertinent to the District, Chairman Schultz indicated he would contact Mr. Butch and attempt to get an opinion from the City Attorney in writing. ADJOURNMENT There being no further business before the Commission, Chairman Schultz declared the meeting adjourned at 10 :20 P.M. 395