PC Minutes 1968-08-06i68
Planning Commission
Arroyo Grande. California
August 6, 1968
The Planning Commission met in regular session with Vice Chairman Strother
presiding. Present are Commissioners Moss, Porter, St. Denis and Skel Absent
are Chairman McMillen and Commissioner Sawyer. Also in attendance are City Administrator
Butch, Public Works Director Anderson, and Planning Director Gallop.
MINUTE APPROVAL
On motion of Commissioner Moss, seconded by Commissioner St. Denis, and
unanimously carried, the minutes of the regular meeting of July 16, 1968 were
approved as prepared.
ELLIS HARRIS LOT SPLIT - 606 EMAN COURT
Director Gallop advised that an appeal had been made to the Commission on a lot
split granted by the Lot Split Committee. A petition was presented to this Commission
at their last meeting of July 16th, which the City Attorney deemed should be considered
as an appeal to the Commission. The lot split involved the division of a large lot
into two parcels in a cul-de -sac; one parcel is 8,400 square feet and the other approxi-
mately 7,400 square feet, and curb and gutter is installed as required. Director
Gallop stated that Mr. Hoffman presented a duplicated sheet to the Commission two weeks
ago, and for the benefit of the Commissioners not present at that time, he read the six
items which the neighbors felt created a hardship on their properties. Director
Gallop also read a letter from City Attorney Shipsey, dated July 3rd, wherein he
advises that any covenants placed on properties are placed by the developers and are
agreed to by the property owners; they were not a requirement of the City and there-
fore., a matter of civil enforcement. Director Gallop indicated he could seeno
violation of any ordinance 'created by the granting of this lot split. He also
stated that Mr. Shipsey felt there wasn't too much this Commission could do unless
they wanted to reverse the action of the Lot Split Committee. Vice Chairman Strother
advised the audience that the Commission would hold an informal hearing and anyone
wishing to speak would have an opportunity to do so.
Mrs. Ellis Harris was present and stated Mr. Harris was out of town but that
she would attempt to answer any questions.
, Mr. George Hoffman was present and stated he was representing the people
protesting the lot split. Mr.Hoffman stated he had consulted an attorney regard-
ing the lot split, who was quite shocked that the City would go ahead and violate
the covenants of the tract. He explained that the covenants are a contract that
the buyers enter into and these rules are mutually upheld, and that, in his opinion,
for the City to aid in the breaking of this contract is legally wrong. Mr. Hoffman
stated it was his attorney's opinion that covenants were legal documents and felt.
they would stand up in court. Mr. Hoffman presented a picture of the lot frontage
to the Commission. He stated his appeal was based on the fact that he, as a citizen,
is expected to obey the rules of the City and they were here to ask the Commission
to help them enforce their rules.
Mrs. Harris stated that with regard to de- valuation of the property, there
has been no reference made to building a house, and that if anyone is familiar with
the type of homes they build, they will realize they are not sub - standard. She
stated there was ample room to build a home on this lot, and it could be a split
level home with a basement underneath and that, in her opinion, these homes are
expensive to build and they are beautiful. She also stated that the covenants
contradict themselves in several places.
Mr. Hoffman read a letter from Mr. and Mrs. Clazie, 611 Eman Court, indicat-
ing their objection to the lot split and their concern over losing their view, and
problems created by parking in the cul -de -sac.
Mr. Doug LeSage was present and stated he felt the typography should be con-
sidered, and there was no assurance that a split level house would be built as the
lot might be sold. He also stated that in the existing home the Harris' occupy,
there is a violation of the covenants in that it does not meet the 15' rear yard
setback requirement.
Planning Commission, 8 -6 -68
Page 2
Mrs. Harris stated that quite frequently, due to the shape of different lots,
that as long as their is ample square footage in the lot and you do not cover more
than a specified amount of footage, there are stipulations to allow building within
5' rear yard setback.
Vice Chairman Strother stated this matter was passed on by the Lot Split
Committee and they were not cognizant of any covenants on a piece of property, and
that if there are covenants, it is up to the people to enforce them; and that a
letter of advice was read from City Attorney Shipsey. He stated this was not a
municipal matter and the lot split does not violate the Ordinance of the City of
Arroyo Grande and was done in a legal manner, and that this was, in his opinion, a
matter between those who have signed the covenants, and that it was not within the
power of this Commission to go beyond the powers of the laws and the ordinances in
matters between the property owners,
Commissioner Moss stated, in his opinion, as long as the City is not a partner:
in the covenants, the Commission could take no action, and the covenants would have
to be enforced by the property owners themselves.
Director Gallop stated that the lot split approval was granted subject to a
proper tentative map being prepared and presented.to the Committee before the final
approval is granted.
PUBLIC HEARING - USE PERMIT CASE NO. 68 -127, BODY AND PAINT SHOP, 931 - 933 GRAND
Upon being assured by Director Gallop that the Public Hearing for Use Permit
Case No. 68 -127, Body and Paint Shop, at 931 - 933 Grand Avenue, had been duly posted,
published and property owners notified, Vice Chairman Strother declared the hearing
open.
Director. Gallop advised that the proposed location has been used for mechani-
cal and automobile upholstery shop for at .least three years and possibly longer.
That Mr. Crockett has conducted a body and paint business at 1000 Grand Avenue and
they have never found a violation in his operation, and he has dotre an exceptionally
good job of "housekeeping ". No complaints have been received on the present oper-
ation or on the operation he proposes to move into. He operates a spray booth and
plans to move It to the new location. He stated he had r'ecei'ved one letter and one
telephone call objecting to this use and, in both cases, residents of South Halcyon
whose property is presently zoned C-1.
Mr. Robert B. Crockett was present and stated he has to move from his present
location and submitted a list of signatures from people in the area in favor of
the proposed move. He also stated that all painting would be done inside a build-
ing, and his hours of operation would be from 8 :00 a.m. to 5:30 p.m. Mr. Walter
Filer was present and indicated he had a business not far from Mr. Crockett's
present business, and not far from where he is going to move, and that he has
never found any objections to Mr. Crockett's business, and he would like to register
approval of the Use Permit being granted.
No further discussion for or against the request, Vice Chairman Strother
declared the hearing closed. After a brief discussion, the following action was
taken.
RESOLUTION NO, 68 - 100 U
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF. ARROYO GRANDE GRANTING A USE
PERMIT, CASE NO. 68 -127
On motion of Commissioner Moss, seconded by Commissioner Skelton, and by
the following roll oall vote to wit:
AYES: Commissioners Moss, Porter, St. Denis, Skelton and Strother
NOES: a Ci . None
ABSENT: Chairman McMillen and Commissioner Sawyer
the fbregoix)g.Resolutlon was odopted this 6th day of August, 1968.
169
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Planning Commission, 8 -6 -68 Page
PUBLIC HEARING - FAIR OAKS EXTENSION PLAN LiNE
Vice Chairman Strother explained a plan line is adopted regarding a proposed
future street for the purpose of protecting the property from new construction. He
advised that this Commission hears the evidence for and against a particular plan
line and then it can make recommendations to the City Council. The City Council
then holds another public hearing and if it chooses, adopts the plan lire.
Director Gallop noted that two Resolutions had been received; one adopted by
the Lucia Mar Unified School District, and one by the South County Development
Association, both supporting adoption of this plan line and the development and
construction as soon as possible.
Director of Public Works Anderson presented the proposed plan line for a
major street between Traffic Way and Halcyon Road, stating it was prepared by staff
as the most feasible way through, and also that this plim conformed to the master
plan adopted by the City. He advised it had been changed from a collector street
with a 60' right -of -way to a major street with an 80' right -of -way. City Administrator
Butch advised that the City Council has budgeted money for this project in the 1968 -69
fiscal year.
Upon being assured by Director Gallop that the Public Hearing for this Plan
Line had been duly published, Vice Chairman Strother declared the hearing open.
Mr. Conrad Grieb was present and being an owner of the property involved,
introduced Mr. Andrew David, Attorney, to represent him. Mr. David stated he was
an attorney with an office in Arroyo Grande and was representing Mr. and Mrs. Fred
Grieb and also the Grieb Trust. He stated they recognized that eventually there
is going to be a street through here and it was their feeling it should be con-
sidered at some depth, and they also recognized that this was a preliminary sketch
and there have been no surveys made. Mr. David presented a map with the proposed
plan line and an alternate plan line which he recommended. He stated that the pro-
posed plan line would create several "dead spaces" on the Grieb property and also
on the Saruwatari property. Mr. David stated they believed the alternate route to
be more advantageous than the proposed route, and would like to ask the Commission
not to make a decision at this: point but to have a further study of staff to con -
sider the other possible routes and obtain further information so that an intelligent
decision ca n be made as to whether or not the alternate route wouldn't be the best
way to go.
Mrs. Krovious, of 855 Virginia Drive, was present and sixke: In.. favor of the
extension of Fair Oaks Avenue to Traffic Way. Dr. Robert Bailey, representing
the Arroyo Grande Community Hospital, was present and spoke in favor of the Fair
Oaks extension, stating they have been interested in this street for a number of
years and felt it would be very advantageous permitting another access to Traffic
Way and the freeway for ambulance and emergency service.
Mr. Saruwatari was present and stated he was a property owner directly in-
volved in the proposed plan line, and asked that the plan line stay right on the
property line to avoid dividing his property and losing his heaviest bearing
walnut trees.
After discussion, on motion by Commissioner Porter, seconded by Commissioner
Moss, and unanimously carried, to continue the public hearing to the next regular
meeting of August 20, 1968.
REVIEW - USE PERMIT CASE N0. 67 -104 - TIRE .RECAP SHOP 111 ALDER STREET
Director Gallop advised that since two weeks ago when he made a report on
this operation, the operator at that time is no longer operating the business, and
that Mr. Wheat and Mr. Filer have taken the operation over. Director Gallop in-
dicated that since that time the deficiencies which were noted two weeks ago
have all been corrected, and in his opinion the interior and exterior of the build
ing is in the best shape it has been in since the operation started. He stated
that as far as the conditions of the Use Permit are concerned, he felt they were
complying. He also stated Fire Chief Marsalek had made an inspection and found
several deficiencies, and that he had given the owners until August 20th to correct
same, at which time the Fire Chief will submit a report.
After a brief discussion, on motion of Commissioner Skelton, seconded by
Commissioner Moss, and unanimously carried, that this case be reviewed again at
the meeting of September 3rd, after review of the Fire Chief's report.
Page l+
Planning Commission, 8 - -
ARROYO GRANDE URBAN RESERVE LINE
Director Gallop stated that during a joint meeting with the County Planning
Commission January 19, 1967, the establishment of an Urban Reserve Line for Arroyo
Grande was discussed and the County Commission agreed to consider this, and that
he appeared at the following County meeting, at which time Mr. Ned Rogoway, County
Planning Director, requested that this be put over to the following fiscal year
1968 -69 because of the present staff workloads.
Several months ago Mr. Gallop requested that the County Commission advise
this Commission when they could expect this Urban Reserve Line be given to them for
study, and was advised by Mr. Rogoway that, because of workload, he was requesting
that this matter be put over to at least the 1969 -70 fiscal year. Director Gallop
indicated his feelings were that this Commission should take a stand on the matter
and also recommend that the City Council take a stand, because he would not like to
see the matter put off indefinitely. On motion of Commissioner Skelton, seconded - by
Commissioner Moss, and unanimously carried, Director Gallop was requested to write
a letter to the County Planning Commission requesting they consider the development
of the Urban Reserve Line in the 1968-69 fiscal year.
On motion of Commissioner Moss, seconded by Commissioner St. Denis, and
unanimously carried, that a recommendation be made to the City Council that they
also write a letter in support of this Commission's stand on the Urban Reserve Line.
2OTH STREET - RENAMING
Director Gallop stated that several months ago the City Council referred the
matter of renaming 20th Street to this Commission, recognizing the problems that
were created by the name of "20th Street ". He indicated that this Commission re-
quested he contact the residents of the street suggesting that they select a name
which would be acceptable to them.
He stated that the residents of this street had agreed among themselves to
recommend the name of "Courtland ". A review of the streets in the north -south
pattern indicates that three - fourths of the streets carry a suffix of "street ",
therefore, the staff would recommend that 20th Street be renamed "Courtland Street ".
He stated the name does not conflict with any existing street in the community.
25TH STREET RENAMING
Director Gallop stated that 25th Street is one block long and that in the
original subdivision was called "Tierra Street ". When this street was still In
the County, the County renamed it "25th Street" in accordance with their naming plan
which starts at the ocean and proceeds easterly. This matter was discussed by the
Commission a few months ago and a request made that the residents on this street be
contacted regarding their preference of a street name. Out of the 22 persons con_'
tacted, 17 replies were received; 12 of which indicated a preference for "Tierra
Street " and 5 for "25th Street ".
On motion of Commissioner Moss, seconded by Commissioner Porter, and unanimously
carried, that public hearings on the renaming of 20th and 25th Streets be set for
September 3, 1968, at 7:45 p.m.
RE U.EST TO BE OUT OF STATE
Commissiiner Skelton requested permission to be out of the state the week
of August 20th, 1968. On motion of Commissioner Porter, seconded by Commissioner
Moss, and unanimously carried, permission was granted to Commissioner Skelton to be
out of state the week of August 20, 1968,
COASTA MVAI EY PLANNING COUNCIL
Cemm ssioner St. Denis reported that members of the Coastal-Valley Planning
Council had prepared a rough draft of the procedures covering the Council at their
meeting of August 5th, which he believed would be ready for tentative approval at
the next Coastal - Valley Planning Council meeting, He stated that every member was
present at the meeting and the group seemed to be getting well under way.
ADJOURNMENT
Viee Chairman Strother declared the meeting adjourned at 9:30 p.m,
ATTEST:
ice Chairman