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PC Minutes 1971-08-17Planning Commission Arroyo Grande, California August 17, 1971 The Planning Commission met in regular session with Chairman Schultz pre- siding. Present are Commissioners Berryhill, Bowles, Jones, Nunes, Porter and St. Denis. Also in attendance are Mayor Levine, City Administrator Butch and Plan- ning Director Gallop. MINUTE APPROVAL On motion of Commissioner Nunes, seconded by Commissioner Porter, and unanimously carried, the minutes of the regular meeting of July 20, 197T were approved as prepared. LOT, SPLIT CASE NO. 71 -138 PALM COURT - DE BLAUW CONSTRUCTION CO, Director Gallop reviewed that this matter was before the Planning Commission at the last meeting, and because of a drainage problem, was returned to the Lot Split Committee. The Committee met with Mr. De Blauw and, at the recommendation of the Director of Public Works, it was suggested that the split be approved with the under- standing that Mr. De Blauw would hold one of the lots for drainage subject to other approved drainage disposal. The property immediately west of the subject property is now in escrow and the potential purchaser has agreed to accept this water from the cul -de -sac. Director Gallop advised it is the Committee's recommendation to the Planning Commission that they go on record recommending acceptance of the deed from Mr. De Blauw for the right -of -way of the cul -de -sac. He further advised that if the drainage cannot be resolved in any other way, there is still the easement through to Farroll Avenue. After discussion, on motion of Commissioner Bowles, seconded by Commissioner Nunes, and unanimously carried, that a recommendation be made to the City Council for acceptance of the deed to the cul -de -sac terminating Palm Court. LOT SPLIT CASE NO. 71 - 139, NELSON AND IDE STS., VICK PACE - APPEAL OF LOT SPLIT COM. REQUIREMENTS, ITEMS 3 AND 7. Chairman Schultz referred to the letter on file from Mr. Pace, etal., dated July 30, 1971, appealing Items 3 and 7 of Subdivision Committee Action dated July 29, 1971. Director Gallop advised that the lot split is on the parcel of property lo- cated between Ide and Nelson Street, and that several years ago the property was rezoned to R -3. He further advised that at the time of the rezoning the Planning Commission required that 30' right -of -way for Nelson Street extension be deeded to the City. He advised that Mr. Pace requested a lot split dividing the property into four parcels, and the Lot Split Committee placed 11 conditions upon the approval of the split, and that an appeal has been made from the Lot Split Committee's recommendation on Item 3, requiring the petitioner to pave 20 ft. on Nelson Street, and Item 7 which is a requirement for one 30' ornamental light to be placed between two parcels on Nelson Street. Director Gallop noted that if the Commission upholds the Committee on one or both of the items, the petitioner still has the right to appeal the matter to the City Council, Chairman. Schultz inquired if the requirement for paving 20' of Nelson Street is a normal procedure. Director Gallop advised that this was a recommendation of the Director of Public Works, and that generally in the past it has been a pretty clear determination as to responsibility; either the developer or the City, - however, he felt that if there is any question at all on the street improvement, that per- haps this item should be a determination by the City Council rather than the Planning Commission since there are circumstances that are somewhat different than normal in a lot split situation. With regard to the requirement for the street lighting, Director Gallop advised that street light requirements are generally based on the size of the lots, number of lots being created, density, etc. After further discussion, on motion of Commissioner Bowles, seconded-by Commissioner Nunes, and unanimously carried, that the appeal of Requirements Nos. 3 and 7 of Minor Subdivision Committee Action dated July 29, 1971, Lot Split Case No. 71 -139, be denied. PUBLIC HEARING - VARIANCE CASE NO. 71 -45, DESIGN AND MOLD MAKING - FIBERGLASS 320 BRANCH STREET - WM. J. FLANNIGAN. Director Gallop identified the property in question as being the last old warehouse building on the south side of Branch Street, and advised that the building 361 362 Arroyo Grande Planning Commission, 8 -17 -71 Page 2 was formerly used as a beer warehouse and also as a potato chip distributing business. He advised that Mr. Flannigan is a designer of fiberglass products, and primarily a developer of fiberglass modds. Upon being assured by Director Gallop that the Public Hearing for Variance Case No. 71 -45 had been duly published, posted and property owners notified, Chairman Schultz declared the hearing open. Mr. Flannigan was present and stated that Director Gallop's review of the pro- posed use was essentially correct, and added that he may do some manufacturing himself, and the molds are usually very small. No further discussion for or against the proposed Variance, Chairman Schultz declared the hearing closed, and the following action was taken: RESOLUTION NO. 71 -205 V A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 71-45. On motion of Commissioner St. Denis, seconded by Commissioner Berryhill, and by 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 17th day of August, 1971. PUBLIC HEARING - REZONING CASE NO. 71 -50, MASON STREET - C -B -D DISTRICT TO P -C DISTRICT (LEE LOVETT) Director Gallop advised that the property is one half block deep on either side of Mason Street south of the creek to Nelson Street, and is presently zoned C -B -D which is primarily oriented to retail - commercial use. The property owners within the area have signed the request, with the exception of one owner. The new zone being requested is the Professional Commercial District, which, if allowed, would retain the commercial aspects of the present zoning and allow multiple residential to support the commercial zoning of the Central Business District area. Director Gallop further advised that the matter of the zone change had been discussed with the Downtown Merchants Association, and they indicated they would not object to this zone change so long as the retail commercial aspect is retained. Upon being assured by Director Gallop that the Public Hearing for Rezoning Case No. 71 -50, had been duly published, posted and property owners notified, Chairman Schultz declared the hearing open. Mr. Lee Lovett, petitioner for the zone change, was present and reviewed reasons for requesting the zone change, as listed in letter signed by the property owners, dated July 8,. 1971. No further discussion for or against the zone change, Chairman Schultz de- clared the hearing closed, and the following action was taken: RESOLUTION NO. 71-206 Z A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE AS PROVIDED BY CHAPTER. 4.. ZONING, ARTICLE 21, OF SAID CODE. 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 17th day of August, 1971. I Arroyo Grande Planning Commission, 8 -17 -71 Page 3 PUBLIC HEARING - REZONING CASE NO. 71 -49 - HUASNA ROAD - R -A -B -1 AND R-A-B DISTRICTS TO R -1 DISTRICT - J. KUDEN FOR A. SWIMMER. Director Gallop advised the request. is to rezone property wholly within the City for subdivision purposes. The property consists of approximately T8.4 acr with frontage on Huasna Road and Coach Road. Director Gallop also noted that this property also includes additional property within the County, and a prezoning application has already been filed and, as a matter of information, the prezoning case will be on the agenda for the next Planning Commission meeting. He further advised that the petitioner, Mr. John Kuden, ibdtea,tes...tha.t.this`isa rezoning for R -1 development an that the pre- liminary map has been started and is pending subject to action of this Commission. Director Gallop advised that the property is not essentially agricultural land other than for grazing purposes. He further advised that the land can be served by existing water and sewer on Huasna Road, and that all other utilities are - available. Upon being assured by Director Gallop that Public Hearing for Rezoning Case No. 71 -49 had been duly published, posted and property owners notified, Chairman Schultz declared the hearing open. In answer to Mrs. Mary Ann Carlson's questions as to the size of the homes, square footage and price range, Chairman Schultz advised that the homes would have to be built under R -1 zoning restrictions. Director Gallop further advised that until such time that the actual subdivision map is filed, lot sizes would not be known. He also informed Mrs. Carlson that the Commission or City has no right tolegislate as to how much a home can cost or how large it can be. He advised that a subdivision map will be submitted, but could not be submitted prior to granting the zone change. Mr. Bob Goulart, 801 Opal Drive, stated the property was near the proposed realign- ment of State Highway 227, and he inquired as to whether the developer had checked with the Division of Highways regarding the realignment. Director Gallop advised that both the City and the developer were aware of this potential. No further discussion for or against the proposed zone change, Chairman Schultz declared the hearing closed. In discussing the proposed lot sizes, Director Gallop advised in reviewing the preliminary design of the subdivision, it was recommended by staff that they consider conventional 6,000 sq. ft. sites at the lower portion, increasing to estate size lots towards the top. He further advised that there is approximately 300 ft. frontage of this property on Huasna Road. After further discussion, the following action was taken: RESOLUTION.NO..71 -207 Z A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING APPROVAL OF AN AMENDMENT TO ..THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE PROVIDED BY CHAPTER 4 ZONING, ARTICLE 21, OF SAID CODE : - On motion of Commissioner Bowles, seconded by Commissioner Porter, 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 II the foregoing Resolution was adopted this 17th day of August, 1971. PUBLIC HEARING - USE PERMIT CASE NO. 71 -173 - TIRE RECAPPING - PHILADELPHIA TIRE CO.. 111 ALDER STREET (KUNDERT /KURKEYERIAN). COMMISSIONER BERRYHILL REQUESTED TO BE EXCUSED BECAUSE OF POSSIBLE CONFLICT OF INTERESTS. Director Gallop advised that, in accordance with the Planning Commission action of July 20th, the Philadelphia Tire Company filed for a new use permlt requesting con- tinuance of the tire recapping business at .111 Alder Street, and an expansion of the area involved. Director Gallop advised that the Building, Fire and Planning Departments had made inspections of the.premises. He referred to the requirements recommended by the Planning Department if the Use Permit is approved. He further referred to a separate 363 364 Arro o Grande 'Planning Commission, 8 -17 -71 Page 4 report submitted by the Fire Department, dated August 12, 1971, and a letter from the Philadelphia Tire Co., dated August 17, 1971, with direct reference to the matters pre- sented in the Fire Department Report. Upon being assured by Director Gallop that the Public Hearing for Use Permit Case No. 71 -173, had been duly published, posted and property owners notified, Chairman .Schultz declared the hearing open. Mr. Bob Goulart, Chairman of the Arroyo Grande Citizens Committee for Better Government,, was present and stated that since they had been asked by th& residents of the affected area for help, the Committee made an intensive study of this operation, and they felt the operation should be located within an Industrial Zone. Mr. Goulart presented a petition to revoke the Use Permit signed by 54 residents - of the immediate area. Mr. Goulart also submitted a copy of a letter, dated August.Tlth, 1971 from the San Luis Obispo County Health Department, Air Pollution Control District, and a letter from the State Fire Marshal's Office, dated August 10, 1971, referring the Committee's letter of complaint to the Arroyo Grande Fire Department. Mrs. Allen, 169 Alder Street; Mr. Ralph,Richards, 151 Alder Street, Mr. F. E. McNamara, 390 Higuera St., San Luis Obispo, owner of the three houses adjacent to the recap shop; Mr. E. W. Allen, 169 Alder St.; Mrs. Richards, 151 Alder St.; Mrs. Davies, 147 Alder'St.; Mr. Norwood Stanford, 154 Alder St.; Mrs. Piper, 138 So. Halcyon; amd Mrs. Keeseman, 150 So. Halcyon were present and stated their objections to the Use Permit being granted. Mr. Bob Folkerts was present and spoke in favor of the Use Permit being granted, Mr. Kevy Kurkeyerian, Co -Owner of the Company, was present and explained steps being taken or proposed, to satisfy complaints and improve the operation. Mrs. Barbara Hendricks was present and stated her husband buffs tires at the recap shop, and they do not buff tires at night. Mrs. Frances Hendricks stated her husband works night shift at the recap shop and he is home every night by 11 :30. Mr. L. J. Roberts, Quality Control Engineer for A. M. Voit Co. in Santa Ana, was present and stated that they, installed an orbit tread buffing machine, and indicated that the machine makes hardly any noise and also eliminated practically all smoke to meet the new controls. Mr. Roberts advised that the operators of the Philadelphia Tire Co. called on them to make a complete survey of their plant and make recommendations to them as to what they could do to make the plant more efficient and overcome the complaints that have been registered. In answer to Commissioner Porter's question as to how long it would take to bring this operation into complete satisfactory condition, Dr. Karl Kundert, Co- owner, advised that the Pollution Control Board requires application be made for inspection by a registered engineer and, if they approve, the apparatus is installed. He estimated that 90 days would be a reasonable time to bring the operation up to satisfactory condition. He indicated an investment of $5,000 or $6,000 is involved, and they don't want to do this until they have a favorable ruling from the Planning Commission. He stated, in his opinion, all of the complaints heard previously could be satisfied. No further discussion for or against the proposed Use Permit, Chairman Schultz declared the hearing closed. After further discussion, the following action was. taken: RESOLUTION NO, 71 -208 U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING A USE PERMIT, CASE NO. 7T -173. On motion of Commissioner Bowles, seconded by Commissioner St. Denis, and by the following roll call vote, to wit: AYES: Commissioners Bowles, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES: None ABSENT: Commissioner Berryh.ill the foregoing Resolution was adopted this 17th day of August, 1971. Chairman Schultz advised the petitioners that they have ten days to file an appeal with the City Council if they so desire. Arroyo Grande Planning Commission, 8 -17 -71 After further discussion regarding a time limit to vacate the property, the following action was taken: RESOLUTION NO. 71 -209 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ESTABLISHING A TIME LIMIT TO OPERATING AND VACATING OF PROPERTY. On motion of Commissioner Nunes, seconded by Commissioner Jones, and by the following roll call vote, to wit: AYES: Commissioners Bowles, Jones, Nunes, Porter, St. Denis and Chairman Schultz NOES: None ABSENT: Commissioner Berryhill the foregoing Resolution was adopted this 17th day of August, 1971. COMMISSIONER BERRYHILL RESUMED HIS CHAIR AND IS NOW PRESENT. 365 Page 5 FRONTAGE ROAD Chairman Schultz referred to the street name change from Frontage Road to El Camino Real, which was denied by the City Council. He requested that Commissioner St. Denis bring this matter up before the Coastal Valley Planning Council for recommendation to the Arroyo Grande City Council. HOME OCCUPATION PERMITS Mr. Bernard Landsman, Newman Drive, made reference to a Home Occupation Permit allowing candle 'making in a private home. He stated it was his opinion this was a highly hazardous industry and should not be permitted in a residential - area. Director Gallop reviewed the procedure normally followed in granting a Home Occupation Permit. He advised that whenever a Home Occupation Permit is applied for, the building is checked by himself, the Building Department and the Fire De- partment, and that this particular case, the Fire Chief did go out and personally inspect the ro :rt as did the Building Inspector, and they found that the property P P P, � 9 P Y P P Y was separated quite some distance from other residences. The Fire Chief felt that the only hazard being created, if any, would be to the petitioner. Director Gallop further advised that, to his knowledge, this is the only Home Occupation Permit that has ever been granted where there was any hazard whatsoever; and that the majority are individuals who use their homes as offices. He pointed out that the permit would never have been granted if it were in a highly developed neighborhood, and that in the future, more stringent investigations will be made before issuing such permits. RECONSTRUCTION OF BRANCH STREET Director Gallop advised the Commission that a meeting with the Division of Highways will be called for shortly to discuss the reconstruction of Branch Street, and the Commission will be advised as to date, time, etc. RECLASSIFICATION OF CERTAIN ROADS Director Gallop advised that on August 27th the Division of Highways is holding a public hearing in San Luis Obispo concerning the reclassification of certain roads in the District. He indicated the primary concern. is Highway 227 and the possible deletion of the highway system, the proposal of a new 227 from Highway 101 to Lopez, and possible deletion of portions of Highway T. ADJOURNMENT There being no further business before the Commission, Chairman Schultz adjourned the meeting at 10 :18 p.m. to a study session on August 31, 1971 at 7:30 p.m. ATTEST: Secretary