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Minutes 1993-02-09 , .. . 89 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 9, 1993 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROyO GRANDE, CALIFORNIA The City Council of the City of Arroyo Grande me~ at 7:30 P.M., with Mayor Matthew Peter Gallagher, III, presiding. 1. AND 2. FLAG SALUTE AND INVOCATION Eagle Scout Patrick Irey led the Pledge of Allegiance to Our Flag and the Rev. Phil Coleman of Oak Park Foursquare Church delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke, Gene Moots and James Souza. Staff Members present were city Manager Chris Christiansen, City Attorney Judy Skousen, ~ City Clerk Nancy Davis, chief of Police Rick TerBorch, Public Works Director Van Laurn and Current Planner Scott Spierling. 40 ORAL COMMUNICATIONS BILL ANDRADE of 655 South Halcyon Road said he would request that he be listed on the agenda for the next Council meeting on February 23, 1993. 50 CONSENT AGENDA It was moved by Moots/souza, and the motion passed unanimously to approve Consent Agenda Items 5.c. through 5.h., with the recommended courses of action. 5.c. January 7, 1993, city council Minutes. Approved. 5.d. January 12, 1993, City Council Minutes. Approved. 5.e. January 26, 1993, city Council Minutes. Approved. 5.f. February 4, 1993, Senior Advisory Commission Minutes. Information. 5.g. January, 1993, Investment Report. Information. 5.h. Revised Automatic Aid Agreement. Approved. 5. a. Proclamation, Scouting Anniversary Week, February 7 - 13, 1993. Mayor Gallagher presented a proclamation denoting scouting Anniversary Week to Eagle scout Patrick Irey. 5.b. proclamation, American History Month, February, 1993. Mayor Gallagher presented a proclamation honoring American History Month to Phy,llis Mancini of the Daughters of the American Revolution. 60 REGISTER OF CHECKS It was moved by Moots/Burke, and the motion passed unanimously to approve cash disbursements in the amount of $741,392.20, as listed in the February 4, 1993, Staff Report of Finance Director David Bacon. '- 70A. PUBLIC HEARING - APPEAL OF CONDITIONAL USE PERMIT CASE 92-501: REVI$ED PLANS FOR CONSTRUCTION OF A (i40 SOUARE-FOOT. SECOND RESIDENTIAL UNIT OVER AN EXISTING GARAGE: 840 FARROLL AVENUE: ROGER FULLER current Planner Spierling referred to the Planning Director's Staff Report of February 9, 1993, and recommended that the Council reopen the Public Hearing, accept public testimony, discuss the project and adopt a resolution either upholding the Planning Commission's approval of Conditional Use Permit CaBe 92-501, or upholding the appeal and denying the Conditional Use Permit. Mr. Spierling discussed the modifications made to Mr. Fuller's plan -.....- 1 ............. .'- 7." ._ ,~ ~... .'..1 , 9.0 ~ CITY COUNCIL MINUTES FEBRUARY 9, 1993 " . , " ..., ..~." - .. " with the recommendations of the Architectural Advisory Committee. He explained that the Planning Commission had reached a tie vote on the matter, and that was why it came back to the city Council. After being assured that the Public, Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the hearing open and said all persons would be heard regarding the matter. Speaking against the second residential unit were RICHARD GRANTHAM of 505 Woodland Drive, DWIGHT CHRISTENSEN of 818 Forest Glen Orive, ROBERT SANDERS of 541 Woodland Orive, JERRY MARTIN of - 514 woodland drive: REGINA AUSTIN of 509 Woodland Drive, DIXIE ROYER of 505 Woodland Orive, VERNA MURRAY of 508 Woodland Drive, MELVIN JOHNSON of 835 Olive street, PATRICIA BRENNER of 509 Woodland Drive, MARLENE JOHNSON, JERRY BOWSER of 510 Woodland Drive and BETTY GRANTHAM . Their objections were based on damage to privacy, devaluation of surrounding properties, setting a precedent, damaging scenic views, alternative sites available to the applicant and the structure would be out of character with the neighborhood. Speaking in favor of the second residential unit was ROGER FULLER of 840 Farroll Avenue, the applicant. He said most of the neighbors objecting to the project lived in two-story homes that looked over other homes, or lived 200 feet away from his structure. He said he had moved the second story design 12 feet west and put in privacy windows. He said he would consider changing colors, changing pitch of the roof and changing the overhang if the project were approved. He said he had property rights also and asked the Council to recognize that. There being no further discussion on the matter, the Mayor closed the hearing to the floor. council Member Brandy said he felt Mr. Fuller was within his property rights and legally speaking he had met all the requirements to build the second unit. He said he supported the project and did not feel it would devalue the properties. council Member Burke said the greatest impact would be on the Woodland Drive residents and it is caused by the high ground level that Mr. Fuller's property is on. He said privacy and view are not grounds in themselves enough to deny a Conditional Use Permit, but but they do have a big bearing on devaluing the property. He said this proposed unit would devalue the property and would not be in character with the neighborhood. Council Member Souza said he agreed with Council Member Burke, and the impact on the neighborhood is fairly substantial especially because of the height of the FUller property. He encouraged Mr. -. Fuller to look for a one-story spot on his property for the second unit. Council Member Moots said he concurred with Council Members Burke and Souza. He said that is a hilltop, and the character of the whole neighborhood would be affected. He said there are -, alternatives to building a second story. Mayor Gallagher said if there was no other alternative, if there was not property and if this was a lot of smaller proportions, the mitigation measures and the proposals that were adopted by the Architectural Advisory committee and the modifications to the original concept would be of significant mitigation to allow him to support the project. He said, however, he could not support the project because Mr. Fuller does have an 2 , , 91 CITY COUNCIL MINUTES FEBRUA,RY 9, 1993 alternative and has other options. The city Attorney listed findings for upholding the appeal and denying the Conditional Use Permit, as follows: 1. The proposed structure would unreasonably and unnecessarily interfere with the scenic view from other properties, and there are alternatives that would permit complete use and development of the property on which the proposed structure or expansion is to occur. The basis for the finding is that because the property is so large there are other areas on the property that would allow construction of the proposed second residential unit. This finding is also based on the Council's observation of the property and the size of the lot. - 2. The height and design of the current building, on Which the proposed structure would be added, would cause the proposed structure to be out of character with the neighborhood. Therefore the proposed structure does violate the intent of Development Code Section 9-03.130 in that it is not consistent with the established scale or character of the neighborhood and it will unreasonably and unnecessarily affect views of the surrounding properties when there are alternatives. 3. The building style of the garage does not lend itself to addition of a second story that is in character with the neighborhood. It was moved by Burke/Souza (4-1-0, Burke, souza, Moots and Gallagher voting aye, Brandy voting no) to approve Resolution No. 2970 Upholding the Appeal of the Planning Commission's Approval of conditional Use Permit Case No. 92-501 and the Associated Architectural Review, Applied for by Roger FUller, for a Second Residential Unit, Located at 840 Farroll Avenue, and Denying Said Conditional Use Permit and Associated Architectural Review. 8.A. APPpINTMENT OF WILLIAM DEVINY TO THE PLANNING COMMISSION: TERM EXPIRES JUNE 30, 1995 Mayor Gallagher nominated Mr. Deviny to the Planning commission and the council approved. 8.B. APPOINTMENT OF EDDIE HATCHETT TO THE PLANNING COMMISSIoN: TERM EXPIRES JUNE 30. 1995 Mayor Gallagher nominated Mr. Hatchett to the planning Commission and the council approved. s.c. APPOINTMENT Of DENNIS KEIHN TO THE PARKS AND {U:CREATION COMMISSION: TERM EXPIRR~ JUNE 30. 1993 Mayor Gallagher nominated Mr. Keihn to the Parks and Recreation Commission and the Council approved. ~ 8.D. APPOINTMENT OF EDWARD GARNETT TO THE SENIOR ADVISORY COMMISSION: TERM EXPIRF.~ JUNE 30. 1993 Mayor Gallagher nominated Mr. Garnett to the Senior Advisory commission and the Council approved. a.E. APPOINTMENT OF LOUIS DELANEY TO THE SENIOR ADVISORY COMMISSION: TERM EXPIRES JUNE 30. 1994 Mayor Gallagher nominated Mr. Delaney to the Senior Advisory Commission and the Council approved. .~, y- ... -:- Mayor Gallaqher said there would be another vacancy to fill on the senior Advisory Commission, with the resignation of Norma~ stevens. 3 -__.____._____.n__ .~.___~ " , 92 CITY COUNCIL MINUTES FEBRUARY 9, 1993 8.F. APPOINTMENT OF WARREN HOAG TO THE ARCHITECTURAL ADVISORY COMMITTEE: TERM EXPIRES JUNE 30. 1993 Mayor Gallagher nominated Mr. Hoag to the Architectural Advisory committee and the Council approved. 8.G. FEASIBILITY STUDY TO SHARE POLICE SERVICES: ARROYO GRANDE AND GROVER BEACH POLICE DEPARTMENTS Mr. Christiansen said it was recommended that the city Council approve a feasibility study regarding shared police services between the cities of Arroyo Grande and Grover Beach. He said if the feasibility study were approved, the completed study would be - sent to the Council in six to eight weeks. He said there would be concentration in four areas, as follows: 1. Economy of scale. 2. Maximum use of resources. 3. Dedicated field supervision. 4. Elimination of duplicate administrative support services and maximum cost effectiveness. Chief of Police TerBorch said the city administrators of both cities, the police chiefs of both cities and the finance directors of both cities would be doing the feasibility study. Mayor Gallagher said he would like to see analysis of the deli very of ser1Tices, the accountability and the expediency of response time, and the enhancement of services. He said this would not be a first step to unification of the two cities, and would not result in a loss of identities for the cities. council Member Moots said the council's main job is to provide for the public safety, and he would like to see more cops on the beat and also save money. Council Member Brandy asked if there would be an opportunity for the public to speak on this issue or send written comments. chief TerBorch said yes, and he felt the study should be presented for pUblic input. council Member Burke said he would be wary of getting into additional financial problems. He said Arroyo Grande has a good police Department and he didn't want that to deteriorate. He said the study should be all encompassing, and the City should not rush into anything. Council Member Souza said the level of service should be the number one priority. ~ It was moved by Moots/Brandy, and the motion passed unanimously to approve II feasibility study regarding shared police ser1Tices between the cities of Arroyo Grande and Grover Beach. 8.H. REOUESTS OF ERNEST SARINA. 435 LE POINT. ~~r.AQnING PAVING LE POINT. DRAINAGE CONTROL. BRIDGE ACROSS "'ATAtIV HO CREEK . VISUAL OBSTRUCTION AND RED CURBING On request of the applicant, this item was removed from the aqenda. 9. WRITTEN COMMUNICATIONS None. 4 .' ~. . .,~. 9 3 CITY COUNCIL MINUTES FEBRUARY 9, 1993 10. ORAL COMMUNICATIONS None. 11. ~LOSED SESSION On the unanimously approved motion of Moots/Souza, the council adjourned at 8:40 P.M. to a Closed Session on an appeal by Kingo and Tatsumi Kawaoka, Case No. 90-4465 KN (Ex); pendinq litigation: Coker Ellsworth and Vick Pace Construction Co. v. city of Arroyo Grande, San Luis Obispo Superior Court Case Nos. 68739 and 60060: 'I and potential litigation: Government Code section 54956.9 (b) (1). 12. At>JOURNHEN~ The council reconvened at 9:15 P.M., and immediately adjourned, on the unanimously approved moti n of Burke/Brandy. - ATTEST: ThAll'" a. ~ NANCY A. AVIS, CITY CLERK ~