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Minutes 1993-01-12 7"6 . MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 12, 1993 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The city Council of the city of Arroyo Grande met at 7:30 P.M., with Mayor Matthew Peter Gallagher, III, presiding. 1. II 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and ! the Rev. Robert Banker of oceano open Door 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 bavis, Planning Director Doreen Liberto-Blanck, Public Works Director Van Laurn and Current Planner Soott spierl1ng. 4. ORAL COMMUNICATIONS i ERNEST SARINA, 435 Le Point street, requested repairs to his street. LAURENCE THOMAS, 2754 Comet Lane, asked the city to pay for the repair to his vehicle that was damaged in an accident. Mr. Thomas had filed a claim against the city. He asked the council to postpone its vote on consent Agenda Item 5. e. until the matter ! could be discussed further. The city Manager recommended that the , , council rejeot Mr. Thomas' claim, and let the insurance adjusters , ! . handle the matter. Mayor Gallagher spoke about the San Luis Obispo county Grand Jury's favorable report on the Arroyo Grande Police Department. He said it is gratifying that the Grand Jury found the department's sworn and non-sworn personnel of such high quality. He said they deserve well-earned congratulations. 5. CONSENT AGENDA It was moved by Souza/Moots, and the motion passed unanimously to approve Consent Agenda Items 5.a. through 5.f. and 5.h., with ", the recommended courses of action. 5.a. December 22, 1992, city council Minutes. Approved. 5.b. January 6, 1993, Senior Advisory Commission Minutes. Information. 5.c. December, 1992, Investment Report. Information. 5.d. Fourth Quarter, 1992, Sales Tax Revenue Report. Information. 5.e. Liability Claim, Laurence Thomas. Claim rejected. 5.f. Update - Report on Small Art Displays on sidewalk in the village at various Locations (Displays Requested by the village Improvement Association). Approved. Council Member Souza said he may have a conflict of interest on Consent Agenda Item 5.g., and left the room. It was moved by Brandy/Burke, and the motion passed to approve Consent Agenda Itea 5.g., with the reoommended courses of action. 5.g. Acceptanoe of Tract 17691 Farroll Avenue 1 Herb Phillips. Accepted. S.h. Planning Commission Resolution Establishing Policies and Guidelines Reaarding Planning Commission Approved Conditions of Approval. Information. 1 , 77 CITY COUNCIL MINUTES JANUARY 12, 1993 council Member Souza returned to the dais. 6. REGJSTER OF CHEC~S It was moved by Moots/Souza, and the motion passed unanimously to approve cash disbursements in the amount of $303,723.86, as listed in the January 6, 1993, Staff Report of Finance Director David Bacon. 7.A. PUBLIC HEARING - APPEAL OF PLANNINq COMMISSION'S DENIAL OF VIEWSHED REVIEW PERMIT FOR SECOND-STORY, 622 SOUARE-FOOT ADDITION '1'0 AN EXISTING 1.)85 SOUARE-FooT SINGLE-FAMILY HOME. WITH A MAXIMUM HEIGHT PROPOSED OF 22 FEET 6 INCHESI 630 CERRO VISTA CIRCLEI NANCY C. FOWLER The Planning Director referred to her January 12, 1993, Staff Report, and said the planning commission recommended that the - Council deny the appeal by adopting a resolution. She gave background and desoription of the project and discussed findings that must be made for approval or denial of the appeal. 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. NANCY C. FOWLER, 630 Cerro Vista circle, said she was appealing the Planning Commission decision because it was made by only four commission members out of seven. She referred to a map of the neighborhood and gave copies to the Council. She said the tract consists of 30 homes, of which 14 are already two-story. She said she has the smallest home in the neighborhood. She said the second story would not stand out or be out of character in the neighborhood. She questioned the City Staff's description of the neighborhood's boundaries and home sizes. She referred to letters for and against the addition, and said neighbors on either side of her home were in favor of the addition on the basis of increased property values. She said the City's Viewshed Ordinance does not mention the privacy issue. She said the ordinance does talk about property rights and she should be allowed some of those property rights. She said her addition would be reasonable use and development of the property. PHILIP LANG, 615 Cerro Vista Lane, said he was speaking for himself and Mrs. Freddie Valadez of 619 Cerro Vista Lane. Mr. Lang set up a display of panoramic photographs of the neighborhood and tract, including photographs that were altered to show the affect the second story would bave on his home. He gave the Council copies of the "Purpose and Intent" section of the Viewshed ordinance. He said the ordinance talks about protecting views, esthetics an~ other property values, and the second story addition would affect the sunlight coming into his backyard and his view. He said there would be impacts on open space, privaoy and property values. He said he had letters from real estate brokers that stated the second story would affect his property value. ~ ANDREA LANG spoke against the addition and said she would have never bought her house if there had been a second storied house behind her property. She said the Viewshed Ordinance is in place to protect property values. She said the planning Department agrees that the second story would not be in the best interests of the neighborhood. DAVE EKBOM of Grover Beach spoke in favor of the addition and said the appellant should have the right to enlarge her home. He said the right of reasonable development of her property should weigh more heavily than the slight loss of a blue sky view or privacy. He said any second story in town looks into a neighbor's 2 78 . CITY COUNCIL MINUTES JANUARY 12, 1993 back yard. He said if this were an, empty lot, the Viewshed Ordinance would not apply. ROBERT DORAZIO of Oceano said this is not an empty lot, so the ordinance should be valid in this case. RICHARD ANDERSON of 611 Cerro vista Lane spoke against the addition and said there would be loss of privacy and view, and the character of the neighborhood would be changed. There being no further public discussion on the matter, Mayor Gallagher closed the hearing to the floor. city Attorney Skousen told the Council it needs to be careful that in protecting the views it does not unnecessarily restrict the property owner's right to develop her property. She said unless the Council can find that the property owner can develop her -./ property to the fullest extent without putting on the second story, she recoJlllllended that the project not be denied based on the viewshed. She said the "character of the neighborhood" should be looked at and a denial should be based on that. Council Member Brandy said if the council denies this project, future property owners would not be able to buy homes and expand them in the future. He said Ms. Fowler's request is reasonable and there are second stories in the neighborhood. He said the appellant had volunteered to mitigate the privacy issue with opaque windows, and add a deck to the back to reduce the loo~ of a big block. Council Member Moots said the addition is not incompatible with the neighborhood, and there are many two-story homes there. He said the appellant is entitled to the second story to her home. Council Member Souza said the appellant's project would have an impact on the existing scope and character of the neighborhood. He said a majority ot the homes on the island are single story. Mayor Gallagher asked if the Fowler home should be destroyed, what height home could replace it. The City Attorney said a 30 foot home could be built. Council Member Burke said the Lang's view would be affected, that their property would be devalued and that the second story would not be in character with the neighborhood. Mayor Gallagher said he would like to see one more attempt to meet the needs ot the appellant and the neighbors opposing the addi tion. He suggested that the matter should go back to the Architectural Advisory Committee to find away to accommodate both the opposing neighbors and the appellant. He said that would allow the appellant to have her architect prepare an alternate plan. He said the matter could then go to the Planning Commission, and if the dispute were resolved, it would not be necessary for it to go back to the city Council. ~ Ms. Fowler asked the Council if there would be further city fees to pay, and the Council said no. -'7";' .,\-, It was moved by souza/Brandy (5-0-0, Souza, Brandy, Burke, Moots and Gallagher voting aye) to refer the project back to the Architectural Advisory Committee, without prejudice, for further discussion with the neighbors and the appellant to come up with an 'alternative or otherwise acceptable design to everyone. " 3 79 CITY COUNCIL MINUTES JANUARY 12, 1993 8. A. SECOND READING OF ORDINANCE - DEVELOPMENT CODE REZONE "ASE NO. 92-224: AMENDMENT TO THE DEVELOPMENT CODE. SECTION 9-04.130, TO ALLOW COMMON SEWER LINES IN AIR SPACE CONDOMINIUM CONVERSIONS OF TWO STORIES. AND TO AT.T.nW COttMON WATER METERS IN CONDOMINIUM CONVERSIONS UNDRR SPECIFIED CONDITIONS: CITYWIDE, WASSILY VON BISKUPSKY Mr. Christiansen said the Public Hearing on this matter had been held two weeks ago. He read the title of the Ordinance. It was moved by Burke/Brandy, and the motion passed unanimously to dispense with further reading of the ordinance. Council discussion followed. Council Members Souza said he favored the idea of condominium conversions, but not providing common water meters and sewer lines. Council Member Brandy said he also favored condominium conversions "- but not with common water meters. Council Member Burke said he did not share the view that condominium conversions would make more low cost housing. Council Member Moots said he was not comfortable with the proposed ordinance. Mayor Gallagher said he was concerned about common sewer laterals if blockages were to occur. WASSILY VON BISKUPSKY, owner of the property in question, said he could supply individual water meters. He said if the Council was concerned about common sewer lines, it should not allow apartments to be built in the city. He asked for the Council to vote once on the sewer, and once on the water. ROBERT DORAZIO of Oceano said he lived in an airspace condominium and had experienced both sewer and water difficulties that required extensive repair. After further discussion, Council reached a consensus that it would not take any action to approve the ordinance to amend the municipal code to allow common water meters and sewer lines. (COUNCIL MEMBERS INADVERTENTLY OMITTED THE VOTE ON THE RESOLUTION DENYING THe DEVELOPMENT CODE REZONE APPLIED FOR MR. VON BISKUPSKY - THE VOTE WAS TAKEN AT THE POINT ON THE AGENDA AFTER ITEM NO. 10)* 9.A. SOUTH COUNTY AUTOMATIC AID AGREEMENT It was moved by Moots/souza (5-0-0, Moots, Souze., Brandy, Burke and Gallagher voting aye) to approve Resolution No. 2965 Approving an Agreement Between the city of Arroyo Grande and the Other Fire Departments in South San Luis Obispo county for Automatic Aid Response to Emergencies. 9.B. RESOLUTION SUPPORTING THE PROPOSED MULTI-MODAL AND TRAIN STATION IN THE CITY OF GROVER BEACH It was moved by Moots/Souza (5-0-0, Moots, souza, Burke, Brandy and Gallagher voting aye) to approve Resolution No. 2966 Supporting the Proposed MUlti-Modal Transportation Center and Train Station in the City of Grover Beach. ~ 10. ~ITTEN COMMUNICATIONS Co~ncil Member Moots referred to a December 14, 1992, letter from Ronald L. DeCarli, Executive Director of San Luis Obispo Area Coordinating Council, asking the Council to consider conducting a feasibility study for the establishment of a Service Authority for Freeway Emergencies (Call Box Program). Council Member Moots said it would be a very expensive program. Council Members reached a consensus to not participate in the feasibility study. ~ '~ '.. -~.. ' , .~ 4 80 - CITY COUNCIL MINUTES JANUARY 12, 1993 *8.~. CO~TINUATION - DEVELOPMENT CODE REZONE CASE NO. 92-22. - VON BISKUPSKY It was moved by Souza/Moots (5-0-0, Souza, Moots, Brandy, Burke and Gallagher voting aye) to approve Resolution No. 2964 Denying Development Code Rezone No. 92-224, Applied for by Wassily Van Biskupsky. 11. ORAL CO~ICATIONS None. " 12. CLOSED SESSION . It was moved by Moots/Souza, and the motion passed unanimously to adjourn the Council at 9:30 P.M. to a Closed Session on significant exposure to litigation, pursuant to Government Code section 54956.9 (b) (1). 13. ADJOURNMENT ~ It was moved by Moots/Burke, and the motion passed unanimously to adjourn the meeting at 9:55 P.M. " ATTEST: ~a. ~ NANCY A. AVIS, CITY CLERK ~ . ,-./