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Minutes 1991-03-26 u.., - --. ---. Un_,_ _.U____~_'.n~._ -.----_,____u_____ _"U__. -- --.- . .-- , .-l ,- 369 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 26, 1991 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET I ARROYO GRANDE, CALIFORNIA I , The City Council of the city of Arroyo Grande met at 7:30 P.M., with Mayor Mark M. Millis presiding. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. James Wickstrom of Berean Bible Church delivered the invocation. ! 3. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. Staff Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, city Clerk Nancy Davis, Planning Director Doreen Liberto- Blanck, Public Works Director Paul Karp and Long Range Planner Sandra Bierdzinski. 4. ORAL COMMUNICATIONS PEDRO ARAYA of 357 Tally Ho Road requested that he be placed on a future City Council agenda. He said that a portion of his land had been taken by the City for road purposes by way of surveyor's fraud. Mr. Christiansen said the Council made a decision on the matter several months ago, and had rejected two claims against the City filed by Mr. Araya. 5. CONSENT AGENDA It was moved by Dougall/Olsen, and the motion passed to approve Consent Agenda Items 5.B. through S.D., with the recommended courses of action. , 5. B. March 6, 1991, Senior Advisory Commission Minutes. Information. S.C. Liability Claim, Kenneth M. Ursu. Claim Rejected. 5.D. Progress Payment No.1: Arroyo Grande Well No.8; Project No. 60-90-3. Approved. Mayor Millis read the Item 5.A. Proclamation "Honoring the Planning Commission and Planning Department Staff," March 26, 1991. He presented proclamations to Robert Carr, Planning Commission chairman, and Ms. Bierdzinski, Long Range Planner. Mayor Millis also recognized Planning C~mmissioners Drew Brandy and Clark Moore, who were in the audience. r 6. REGISTER OF CHECKS It was moved by Smith/Dougall, and the motion passed to approve the cash disbursements in the amount of $310,094.58, as contained in the March 20, 1991 Staff Report of Finance Director David Bacon. CONTINUATION OF PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DETERMINATION THAT THE PROPOSED GARDEN ROOM AT 311 SHORT STREET IS PART OF THE SECOND UNIT AND THEREFORE NOT PERMITTED BECAUSE IT EXCEEDS THE 640 SOUARE FEET MAXIMUM AREA PERMITTED UNDER CITY ORDINANCES: EDWIN THALMAN. Mr. Christiansen said the applicant had met the requirements for a "sun room." He said the Planning Staff had approved the design. After being assured that the public hearing had been duly published and all legal requirements met, Mayor Millis declared the 1 I -"-- -, 370 ... CITY COUNCIL MINUTES MARCH 26, 1991 hearing open and said all persons would be heard regarding the matter. MR. THALMAN of 311 Short street said he had agreed to the city's requirements and asked for approval of the sun room. ANNE REUDI of 317 Short street said the sun room would block her view and cause her to lose more privacy. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. Ms. Liberto-Blanck explained that a second unit is limited to 1 640 square feet. She showed photographs and the new designs of the proposed sun room to the Council. There were Council questions and concern about the fact that the Planning Commission did not review the new design. It was moved by OlsenjMoots, and the motion passed to send the matter back to the Planning Commission for review aMd determination as to whether the sun room should be considered part of the second uni t, and for an interpretation as to what should constitute "living" space. It was decided by the Council that: if Mr. Thalman should appeal the Planning Commission's decision on the matter, he would not be required to pay another Appeal Fee. 7.B. CONTINUATION OF PUBLIC HEARING - AMENDMENT TO MUNICIPAL CODE. TITLE 9. PLANNING AND ZONING. BY ADOPTION OF A NEW DEVELOPMENT CODE. Ms. Bierdzinski referred to the March 26, 1991 S~aff Report of the Planning Director, who wrote that Staff recommended that the Council, (1) Review the Planning commission's and Staff's responses to comments and letters received from the pUblic: (2) Give direction to Staff on revisions to the Development Code, and (3) Direct Staff to return on April 9, 1991 with, (a) Resolutions certifying the EIR and making certain findings, and (b) an Ordinance adopting the Development Code with amendments. Ms. Bierdzinski referred to letters to the council dated March 25, 1991 from Coker Ellsworth and March 26, 1991 from the Arroyo Grande Chamber of Commerce. She also discussed minor adjustments made to the Development Code since the March 12, 1991 city Council meeting, concerning street lighting, condominium conversions and rules covering when conditional Use Permits are required. She said other items before the Council were Byron Grant's request for higher motel density, multi-family residential use in commercial zones, sign regulations and a Development Code Enforcement Officer. After being assured that the public hearing had been duly 1 published and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. MIKE LADY of 730 Oak Leaf Circle spoke for the Arroyo Grande Chamber of Commerce Board of Directors. He said the Chamber had worked with the City staff on the Sign Ordinance and felt that the use of neon signs is necessary for commercial businesses. He suggested an amnesty period during which businesses not conforming to the new Sign Ordinance could bring their signs into conformance. He expressed the Chamber's appreciation for the City's cooperation on the Sign ordinance and Development Code. HARRY PAYNE of 477 Prince said he is past president of the Lucky/payless Shopping Center merchants' association. He said merchants at the center feel that neon signs should be allowed 2 - 371 CITY COUNCIL MINUTES MARCH 26, 1991 inside and outside of the businesses. BYRON GRANT of High Mountain Road spoke in favor of higher motel density, and said there would probably be changes in the Development Code since a lot of people do not realize how it will affect them. CHRIS WALLER of Shell Beach, land owner in Arroyo Grande, asked the Council if the City were to use the Eminent Domain law to obtain land, if it would pay what the land would be worth at its ~ highest use. City Attorney Skousen said it would not be proper for the Council to answer that question at this time. TIM QUIGGLE of 358 Corbett Canyon Road discussed the high cost of placing utilities underground. Ms. Bierdzinski said placement of utilities underground will not be required under the Development Code for single family residences, remodelling projects or non-discretionary projects. MELVIN JOHNSON, property owner at 535 Traffic Way, requested that his Vagabond Mobile Home Park remain designated "Highway Service/Mobile Home Park" rather than "Mobile Home Park." He said his park is getting older and eventually he would like to do something else with it. MARK VASQUEZ of 345 Acero Place said that with the approval of the Development Code, the moratorium on multi-fajllily building should come to an end. I I When no one further came forward to speak, Mayor Millis closed the hearing to the floor. After questions of Staff, the Council reached the following conclusions with regard to the Development Code: 1. Parking for Senior Independent Living residential uses - add 0.5 space per unit for visitor parking. 2. The city will retain the existing sign ordinance but make revisions that are necessary for it to be internally consistent with the Development Code. The Council will hold a meeting to study the sign code in the future. 3. The Council approved Staff recommendations with regard to issues raised by members of the public at the March 12, 1991 r Council meeting on items "aB" through "JJ." 4. Concerning the issue in "II" permitting mUltifamily residential uses located above a permitted commercial or office use in all commercial zones, the council decided not to revise the Development Code at this time, but direct Staff to develop some performance standards and bring the matter up at the six-month review of the new Code. It was moved by SmithjMoots, and the motion passed to direct Staff to return April 9, 1991 with Resolutions certifying the EIR and making certain findings, and an Ordinance adopting the Development Code with amendments. 7.8. CONTINUATION OF PUBLIC HEARING - AMENDMENT TO MUNICIPAL CODE. TITLE 9. PLANNING AND ZONING. BY ADOPTING A NEW DEVELOPMENT CODE. Ms. Bierdzinski said the recommendation is to adopt regulations allowing for the merger of contiguous parcels held 3 ___U__ _..n __.___.._ _... 372 -. CITY COUNCIL MINUTES MARCH 26, 1991 under the same ownership if at least one of the parcels is undeveloped, by a structure that requires a building permit, or is developed w1th only an accessory structure, or is developed with a structure that is partially sited on a contiguous parcel, and one of the parcels meets one or more of the conditions set forth in Section 9-04 .150A. 2 . relating to lack of conformance with City standards, General Plan, or health and safety requirements. After being assured that the public hearing had been duly published and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the -, matter. I MIKE ZIMMERMAN, representing the property owners of 1131 l Farroll Road, said the owners want to be sure they can combine their lots. Ms. Liberto-Blanck said they could combine the lots under the merger ordinance, but the owners would have to provide access and utilities before developing the land. Staff recommended that appropriate language be included to insure conformance with development standards including access and easements. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. It was moved by Moots/Smith, and the motion passed to direct Staff to return April 9, 1991 with a merger ordinance to be adopted as part of the Development Code, with necessary revfsions. 8.A. HOOK RAMPS AT CAMINO MERCADO No Report. S.B. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY Ms. Liberto-Blanck reported that she had met with Mr. Karp and Supervisor Ruth Brackett to discuss concerns about water use, contamination of ground water and traffic caused by development on the fringe of the city. Mr. Karp reported that application will be made for a state grant to study ground water contamination by septic tanks on the city's fringe. ' 9.A. SECOND READING OF ORDINANCE ADOPTING A NEGATIVE DECLARATION. INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION. AND APPROVING AN AMENDMENT TO ORDINANCE NO. 420 C.S. ON PROPERTY LOCATED AT 1400 FARROLL AVENUE. APPLIED FOR BY HERB PHILLIPS: OKUI PROPERTY It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Ordinance No. 437 C.S. l Adopting a Negative Declaration, Instructing the city Clerk to File a Notice of Determination, and Approving an Amendment to Ordinance No. 420 C.S. on Property Located at 1400 Farroll Avenue, Applied for by Herb Phillips. 10.A. REOUEST TO AMEND MAINTENANCE REOUIREMENTS FOR GREENBELT ON OAK PARK BOULEVARD AT TRACT 1158: VICINITY OF WELL NO. 9 AT MEADOW LARK LANE Mr. Christiansen referred to the March 19, 1991 Staff Report of Mr. Karp, and said that the maintenance of the green belt was a condition of approval of the subdivision. He said the homeowners have been maintaining the green belt and paying the associated costs. He said the city has placed a well on the property, and now the homeowners are requesting the city to pay for watering the grass and electricity used in connection with that. He said costs are about $1,000 per year. He recommended that the Council deny 4 --------------..- ... -- --- ~._. - ..-. - - ---.......-- -----..- ~---_._---_..- -.'- --~-.--.,,-_..--_._-- -----..-. - -.. .--------- 373 CITY COUNCIL MINUTES MARCH 26, 1991 the request. JIM SIMMONS of 860 Robin circle referred to a March 18, 1991 letter from Thomas Thompson, president of the Oak Park Home owners Association, requesting the City share in the responsibility of maintaining the green belt. DR. THOMPSON also spoke at the meeting. Council Members said the conditions of approval of the development had not been changed with the placement of the well on the green belt, and changing the conditions now would be setting a precedent. In answer to city Council questioning, Mr. Karp said there are other locations in the City where the property owners are maintaining City property, such as those people owning property along Arroyo Grande Creek. After further discussion, it was moved by Dougall/Olsen, and the motion passed to deny the request of the homeowners to amend the green belt maintenance conditions. 10.B. BASKETBALL HOOP. 138 WHITELEY STREET: TY PRINCE Mr. Christiansen said neighborhood complaints had been received with regard to a basketball hoop erected in the City right of way at 138 Whiteley. He said the owner of the property has asked for a hearing before the Council. He said if the ,Council approved the children using the hoop and playing in the street, it would be condoning an unsafe practice. TY PRINCE of 138 Whiteley asked the Council to consider that the hoop is located at the dead end of the street, and he could not see how playing basketball there differed from skateboarding or bicycling in the street. Also speaking was VERINA ARITA of 317 Nelson, who said when the Prince family had their basketball hoop mounted on their garage, the ball kept hitting her house. MRS. JODELL PRINCE referred to a petition signed by residents of the neighborhood stating that the basketball hoop was in no way bothersome. She said there is a lack of adolescent facilities in the community and that the children had been playing at the dead end of the street for years. Council Members said if they condoned children playing I basketball in the street, the City could be found by a court to be i liable for any injuries which took place there. I r- A neighbor in the audience asked the city to repair potholes in the street, saying they are a greater danger than the basketball hoop. Mr. Karp said he had made a note to repair the potholes. It was moved by smith/Olsen, and the motion passed to deny the request by the neighbors to keep the basketball hoop in its present location at 138 Whiteley street. WRITTEN COMMUNICATIONS I Mayor Millis suggested that the Council write a letter of commendation to Fourth District Supervisor Ruth Brackett for her position against SB 2557, which would allow the County to collect booking fees from the Cities. ORAL COMMUNICATIONS None. 5 ~~'-~-'-'~~~-'-'~- -~- ~-~-~-'~- " "~.- -'-'.~.~ 374 -, CITY COUNCIL MINUTES MARCH 26, 1991 CLOSED SESSION None. ADJOURNMENT It was moved by SmithjMoots, and the motion passed to adjourn the meeting at 10:07 P.M. A~ . k" A,~ M. MILL S, MAYOR l ATTEST: """ I ! 6