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PC Minutes 1978-05-02Arroyo Grande Planning Commission May 2, 1978 The Arroyo Grande Planning Commission met in regular session with Chair- man Gerrish presiding. Present are Commissioners Cole, Harris, Moots, Ries and Simmons. Commissioner Vandeveer is absent, Planning Director Castro and Planner Sullivan are also in attendances MINUTE APPROVAL Planning Director Castro advised the minutes for the regular meeting of April 18, 1978 were not yet completed and requested approval at the next meet- ing. REQUEST FOR ZONING ORDINANCE CLARIFICATION (DR, FREITAS) Planning Director Castro stated he has received a verbal response to his request from City Attorney Shipsey, in that he is in agreement that staff's interpretation of the non - conforming ordinance that no partial conversion is allowable. He advised that the Commission has the prerogative to make a different interpretation if they so wish. He reviewed that the matter in question is whether or not previous statements by the City are valid and whether, in fact, Dr. Freitas was led to believe he was in conformance with the Ordinance to split the use of the building; part for his residence and part for his business, Mr. Castro added that there are other problems in- volved with partial conversion. There are certain things you can and cannot do with a non - conforming building as opposed to a conforming building, in that you have a building under a single roof wherein you can do things to a portion of the building that you can't do to the other portion, resulting in a series of ramifications. Stephen Cool, Attorney for Dr. Freitas, requested that this matter be de- layed to later on since Dr. Freitas is not present yet. CONTINUATION OF PUBLIC HEARING - GENERAL PLAN LAND USE ELEMENT MAP Chairman Gerrish reopened the public hearing on the General Plan Land Use Element Map. Planner Sullivan reviewed for the Commission the dates advertised for the various public hearings and pointed out that if the General Plan amend- ments cannot be accomplished tonight and is continued to the next meeting, then Phase I and Phase II rezonings will both be advanced two weeks, Planning Director Castro stated that the General Plan Element has been re- viewed in conjunction with the Zoning Map, however, tonight we are only address- ing ourselves to the General Plan since it is a State requirement that this document be considered first and then proceed with the zoning. He advised that, contrary to what was advertised, staff is recommending the following changes: Beginning with the north side of the City, the low den- sity residential for the parcel that is on the extension of Traffic Way, has been zoned single family residential, and staff is recommending that'- the: Plan be changed from Highway Service to low density residential in conformance' with the zoning. On the Planned Manufacturing for light industry that staff has suggested on Traffic Way, there have been numerous calls regarding use itself, and we have expressed to people that we have been working with the Chamber of Com- merce in locating some industrial property for the City and that in reviewing the overall General Plan, there aren't too many parcels available unless you go out of the City and start annexing County lands. After review, we felt that.this was a logical parcel for that type of development. Mr. Castro further advised that there is some Highway Service on that property; about 1/3 is zoned fmr_ Highway Service and the back portion is zoned for low density residential.,,- •-- Mr . a _.. Castro advised that on the property suggested for high density residential, there is a petition and staff has no objections to that staying in single fam- ily residential, however, there is a problem with the General Plan and zoning, in that the General Plan indicates a greater depth of Highway Service on that property between Alien Street and East Cherry Avenue. We either have to conform to the zoning classification of Highway Service which extends all the way to the alignment of Short Street from Allen to East Cherry Ave,, or do some modi- fication to the zoning map or the General Plan, Staff would suggest, based on the petition that has been submitted, that the portion recommended for R -3 be- tween Allen and East Cherry remain as single family residential at this time, 497 498 ..Arroyo Grande Planning Commission, 5 -2 -78 Page 2 The property north of Allen is labelled for multiples and has been zoned for multiples according to the zoning map. On the properties between Nelson and Poole, staff is suggesting it revert to a professional office designation. We feel that the CBD is extending too far down; we feel there is too much com- mercial land for the purchasing power of the community; and we feel that the professional commercial is just as compatible and just as good,-arid would probably benefit the downtown area. With regard to the properties between Garden Street and Whiteley, the Commission has acted on this matter before, so we are suggesting amending the General Plan for that area to go from multiple classification to a single fam- ily use. On the Central Business District area, we are recommending that the en- trance to the downtown, which is Branch and Traffic Way, which is labelled for Highway Service be classified as C-B-D. With regard to the Loomis property,, they have a series of districts there, and since the use is primarily in the planned manufacturing, we are suggesting that that area be labelled "P-M". Extending on East Branch, there is a mediate school that has been labelled for suggesting that small portion of property we are also classifying some of this land parcel of land that is near the inter - Planned Manufacturing, and staff is be reverted to single family use, and as part of the intermediate school. The Neighborhood Commercial center at the corner of Corbett Canyon Road and Huasna Road shows on the zoning map as low density residential, and staff recommends that revert to a low density classification. Staff does not feel that a neighborhood shopping center with the proximity to the downtown area is realistic or is needed at this time. The properties on Clarence. Avenue and Huasna Road are currently being used as duplex development, and staff is recommending a density classification to meet that residential development. Regarding the Waller Seed Farm property on Huasna Road, staff is recom- mending that be classified for agricultural uses; and we are recommending that Strother Park be labelled as Open Space, which would be in conformance. On the South side of the freeway, staff is recommending that the mobile- home park on Valley Road be labelled high density residential because it is a high density classification. Extending on Valley Road, we are suggesting that the Catholic Church and Gospel Lighthouse Church be labelled a low density classification because that use has been applied to the property. Most of the surrounding area is labelled as Prime I or Prime II agricultural classification. The people who farm the area at the corner of Fair Oaks Avenue and the Freeway, have indicated they would like to be part of the 'agricultural district, and the staff sees no objection to that, or to label it as a low density classi- fication, however staff feels it would make more sense to put the entire thing in the agricultural classification to avoid spot zoning. Continuing on Grand Avenue, the property which the Commission has reviewed before, between Alpine and Grand Avenue, staff is suggesting that that be tied with the frontage parcels, which is a single ownership, and that be labelled Highway Service District. With regard to Western Addition, we have received a petition from the prop- erty owners and staff sees no problem with leaving that classification as sin- gle family use. In this case, we would rend that the General Plan be changed to low density to meet the zoning designation. On Rena Street, staff is suggesting that remain in the R-3 classification. There is already development gvi sting there . _amd,. < _ .w,.ea y ltd, there would be more problems with the lower density in that there would be non-con- forming buildings, and in all probability the General Plan should go to a high density classification to satisfy the development that is existing. Arroyo Grande Planning Commission, 5 -2-78 Page 3 The area of Wood Place and Dodson Way is labelled on the Zoning Map as a low density classification, and is labelled as multiple use on the General Plan, Since there are a substantial number of homes there, we could main- tain that in a single family residential use. The lot extending at the end of Linda Drive should be labelled as low density residential. There was a recent lot split on that property and there are homes being proposed for that area. Insofar as County properties are concerned, the island we have on El Camino Real, we are recognizing the multiple development, if and when the property comes in. Also the industrial land fronting on El Camino Real, we are proposing that the back portion be tied in with the front and be labelled as Planned Manufacturing. The Brisco'residence and continuing on with the lots that front on Chilton Street would be tied in with the low density classi- fication. We would suggest medium high density residential for those frontage lots on El Camino Real in the County, which is more or less what the use is now. Regarding the Office Professional classification suggested on Oak Park Boulevard and Highway 101, the main concern there was the types of uses that would be permitted under the Highway Service District, and basically the only one that is not permitted in the P -C District is a service station. Mr. Castro advised that Glenn Peters has written a letter to the effect he would like the property to remain as Highway Service, and if the Commission wants to retain it as such, staff sees no problem with that, however, the General' Plan still needs to be changed as it shows the area as low density residential. Planning Director Castro pointed out there is a problem north of Grand Avenue and west of Fair View Drive, in that there is a condominium develop- ment on Brighton Avenue and the zoning line extends all the way across and abuts two single family lots at the corner of Brighton Avenue and Fair View Drive; also, there was a lot split approved on the two properties that abut the single family use, which actually extend on a north -south direction, yet the zoning splits it across. Mr. Castro advised that staff recommends recog- nizing the condominiums, because, in his opinion, it would be wrong to change the classification to a low density because of the high investment in the development. Planner Sullivan drew an illustration on the blackboard, advis- ing that the piece of property off of Brighton involves a lot split; the top portion is R -3 and the bottom is zoned Neighborhood Commercial, which essenti- ally splits the property four different ways. It is suggested that the zon- ing on the property be all one zone. Planning Director Castro advised that the ownership pattern on the Neighborhood Commercial will be difficult to deal with or to develop, and staff would recommend recognition of the R -3 and the lot split that Mr. Sullivan mentioned. With reference to the .C714 portion directly south of that property line, staff is recommending that be Highway Service District; and is also recommending that the Williams Brothers Shop- ping Center be labelled as Highway Service instead of C -N, which would bring the development into conformance. The staff is also suggesting that the industrial land proposed on Grand Avenue between Juniper and the City Limits be labelled as H -S to provide a better type of development fronting on Grand Avenue. On the parcel directly in back of the shopping center, which is owned by Mr. Carl Hogan, staff has no objections to,latselii t that as R -3; it was merely suggested for low density as a holding zone at this time, and if and when the property develops, staff feels that a multiple use would be more compatible with the single family residences across the street. Staff is recommending that the Grandmothers' mobilehome park on Farroll Avenue be classified as high density residential. Staff is also recognizing the zone change petition in that area from R -1 to multiple use. We feel that is compatible with the adjoining uses, and that it is in keeping with the properties across the street. There is a parcel of property on Farroll Avenue just east of Elm Street where the frontage is zoned R -G and the back portion is zoned R -2, and staff is suggesting that we recognize the R -2 District instead of the medium density classification by classifying the area as medium low density residential. 499 500 Arroyo Grande Planning Commission, 52778 Page 4 The property between Halcyon Road and Bennett Avenue is labelled P -M on,the zoning map and the General Plan shows that as H -S District, Staff is suggesting the Highway Service be recognized as more compatible with the uses that may develop there in the future. The cemetery, the Elm Street Park and City facilities are being'recommended as "0" District. Chairman Gerrish requested comments from the audience with objections or suggestions to the staff recommendations on the General Plan, Faith Wascom, 203 E, Cherry Avenue, objected to the Negative Declara- tion on the overall General Plan, stating she felt an Environmental Impact Report should be made especially on lands that are being used for agricul- tural purposes, Planning Director Castro advised that staff's recommends tions have placed most of the properties back in agricultural status as far as the "A" is concerned. For instance, on East Cherry, we are not suggest- ing that •area -be rezoned; we are saying maintain the single family use, but there needs to be something done with the Highway Service classification, and we are retaining the RA -B3 that is already there. Glenn Peters, 1587 El Camino Real, stated that Mr, Castro mentioned that the Office Professional and the Highway Service would do about the same thing, and he strongly requests that the area remain Highway Service as it is now zoned, Mr, Bill Galentine, 703 Cornwall Ave,, asked if Western Addition is go- ing to stay as R-1 and not be changed over to R-2, Chairman Gerrish advised that the staff is recommending that Western Addition remain as R -1 zoning, Roy Burke, 917 Bennett Ave,, stated his main objection from P-M to H -S is that it would make his building supply yard non - conforming, which would require him to operate under a Use Permit, He stated he owns about 50% of that block and he also has letters from two of the property owners who own a large portion of the rest of the block, stating they have no objection to it remaining as P -M. He stated he felt the rezoning to Highway Service Dis- trict would create a hardship on him, and due to the fact they have been in that location long before it was in the City and longer than any of the other businesses there, he would like the Commission to take that into consideration, Mr. Burke pointed out that if he wished to expand the building or improve the property under Highway Service he would be under a Use Permit; also, if there was a fire where 50% of the building was burnt, he Auld not be allowed to rebuild, Mr, James Bradley, 4958 Wrigley Ave,, Buena Park, representing the soda riiyake Farms,stated that the property he represents is now on the Gen- eral Plan as "A" and the zoning is "RA -B3 ". He further noted that at one time in the past the zoning was also "A "; that the Planning Commission and City Council granted the zoning from "A" to "RA -E3 ", however the General Plan was never changed due to negligence, He stated that rather than have this amended in this manner, he would like to have this oversight of the past taken care of at this time and have the "A" District changed to "RA - B3" on the General Plan, Planning Director Castro stated he felt that since the property is a part of the agricultural belt, before we start modifying any zoning districts, we should look at the entire property and make sure that protection is provided for the existing farmlands, Mr. Bradley advised that on this particular property people from, the Department of Agriculture and fromVal Poly state the land is unsuitable for agriculture, Mr. Castro stated he is merely suggesting that at this point in time the change would be con- trary to the City's policies and objectives right now, Linda Shepherd, Linda Drive, stated she would like to join Mr. Burke and request that the property on Bennett Ave, net to the low density residential not be changed to Highway Service but to retain it in light industry, Rob Gibson, Cherry Avenue, requested that more consideration be given for open space in the downtown area if at all possible because there really aren't any park facilities for the people who live in this area, Planner Sullivan advised that when the County builds the South County Regional Center, they will be moving out of the County Corporate Yard property on Whiteley Street, and the City has gone on record with the County for first opportunity for that property, The City could develop that property as a park, 1 1 1 1 1 Arroyo Grande Planning Commission, 5 -2 -78 Dick Barnes, Farroll Avenue, inquired as to the status of that recommending the area will remain there that is zoned R -3 and staff it is built R -2 and R -3 now, stated he has a duplex on Dodson Way and area. Mr. Castro advised the staff is R -2, He pointed out there is a sliver is suggesting it remain as it is because Mr, Jack Bellot, 210 So, Mason agreed with Mr, Moore, stating he has talked to just about everyone in that area, and they would suggest that the General Plan be changed to conform to the zoning map and retain the area as R -3, Page 5 Mrs. Elizabeth Jackson, 208 Fair View Drive, stated she and her neigh- bors are strongly opposed to the zoning that is on the Baden property; that the whole area is surrounded by R -1 residential lots and they object to their neighborhood being turned from an R -1 district to a multiple residential area. She pointed out that R -1 has been on the General Plan for years and the zon- ing map has not been in conformance. Mr, Joe Moore, 200 Nelson Street, spoke concerning the area between Nelson and Poole Streets proposed for office professional, stating at the present time it is zoned R -3; that all of the houses in there are R -1 except some lots have two structures on one lot. He stated he would like to see the Commission make the Land Use Element conform to the zoning map, Mr, Orin Cox, Deer Canyon, stated he has purchased about 12 acres on the northeast corner of Brisco Road and Grand Avenue and at the time he purchased it, his intentions were to construct an office building along Grand Avenue, and it is his understanding that this zone change might make the proposed de- velopment difficult, Planning Director Castro advised that administrative offices are permitted in the P -M District. Evelyn Calhoon Tallman, 532 Carol Place, stated she is representing a lot of people in her area, and they are not in favor of having that vacant piece of land on Farroll Avenue changed to R -3 District, because of the traf- fic problem, Gordon Bennett, 415 Allen Street, inquired as to what is being done to open up the area east of Arroyo Grande for traffic, He stated that each day the traffic picks up more and more and, in his opinion, something should be done about the roads before we do something on the rezoning°' Planning Dict- or Castro advised that the City is looking at some alternative to the Circula- tion Element, especially on East Branch Street; some possibilities are the ex- tension of Le Point Street and James Way. Diana Bryant, 1120 Linda Drive, stated she agreed with Ms,, Shepherd and Mr. Burke that the property on Bennett Ave. be retained as P -M District, Archie Howard, 508 Launa Lane, inquired about the classification for the celery fields on Cherry Avenue and Traffic Way, Planning Director Castro ad- vised that. staff is recommending that the two thirds portion of the property towards Los Olivos Lane, remain as Single Family use. The front portion is labelled for Highway Service but the zoning map shows the Highway 9rvice to be less than what is shown on the General Plan, so we need to either extend the Highway Service and the zoning to this line, or bring this line back to the zoning map, or maybe modify the whole thing for single family use, since it is being used for farmland, Ann Nichols, 215 Mason St,, stated she is opposed to the Office Profess- ional District on Nelson and Poole. Mr. Dosey, 1371 Newport Street, referred to the area on the zoning map next to the Baden property on Brighton, stating he felt that area should go back to R -1 and not be zoned R -3, Planning Director Castro advised that staff has reviewed the development that is there and is suggesting recognizing the property as R -3, and that the zoning of the property be such that it, encompas- ses those two lots, instead of splitting the property with the C -N District, It would make a better development abutting the single family residential uses. In other words, staff is suggesting it be recognized as R -3 to bring these condominiums into conformance instead of the R -1 as indicated on the General Plano Arrmy ®"Grande Planning Commission, 5 -2 -.78 Page 6 Helen Dosey, 1371 Newport, stated that the Baden property next to the condominiums on Brighton Avenue is shown on the General Plan as R -1 District, and she recommended that property be kept as R -1 because there is R -1 around it. Planning Director Castro stated that in some instances we are bringing the zoning into conformance with the General Plan, and in some instances, be- cause of existing developments, we are recommending to maintain the distriOt that fits that particular investment, Paul Giehs, Pismo Beach, stated he represents Mr. Baden, and with regard to the Baden property, staff is recommending that the Land Use Element of the General Plan be increased from a low density residential to a high density residential to be compatible with the present R-3 zoning. He further advised that the Attorney General of the State of California has said that this con- sistency requirement that the cities are bound to can be brought into play by either amending the zoning ordinance or amending the General Plan, and Mr, Castro is quite properly attempting to reconcile the two documents, With rem gard to the Baden property he is recommending that the General Plan be chopged to increase the density to be compatible with the zoning ordinance because`of the 16 unit condominiums right next door, and what we have left is the Baden property that has recently been approved for a lot split, Mr. Giehs pointed out that the parcel map allowed a lot split creating two parcels, and that property is severed in the middle by two zones; an R- 3 at the top and a C-N zone at the bottom, and from a planning point of view that make any sense, in that planners will generally attempt to keep a single ownership of land in one use if at all possible, rather th'an'eplitting.it down the mid- dle. He further advised another reason that staff recommends this Plan be updated to meet the conformity of the General Plan, and that is because if you don't do that, then you have created a non - conforming use because of the 16 unit condominiums, In addition, he advised that if the Baden parcel is dawn - zoned, you could very well be creating a spot zoning in that area that is not compatible with the neighboring property. In summation, Mr, Giehs asked that the Baden parcel be made high density residential, both the C-N portion and the R-3 to preclude a splitting of zoning where we have a single owner; to preclude the creation of a non - conforming use on the adjacent prop- erty; to preclude a spot zone; and to create a good buffer zone between R-1 property and commercial property, Jean Bellot spoke with regard to the area from Nelson to Poole on Mason Street, stating she objects to the proposed zoning to Professional Commercial District, and requested the area remain in R -1 and R -2 use. Bill Lackey, 930 No, 6th Street, Grover City, referred to the area on the north side of the Freeway where it shows P -D or medium density residential, stating it was his understanding that was being reverted back to A= District. Planning Director Castro stated that the General Plan shows that area as low density residential use and staff is suggesting deletion of the P-D District, Mr. Robert Strong, Planning Consultant from San Luis Obispo, stated he is representing Dr, Farmer and Martin Polin, owners of the property in the vicinity of Grand Avenue and Alpine Street, and inquired as to the proposed zoning of that property, Planning Director Castro advised staff is recommend- ing that property be reverted to highway commercial use to tie in with the frontage of the property. Mr. Strong advised that the property owners would support the staff's proposal, Planning Director Castro read a letter from Mrs. Melba Tucker, Manager of the Grandmothers' Mobilehome Park on Farroll Avenue,, stating the majority of the Park's residents are in favor of the zone change to "R -3" at 1219 Farroll Ave, Planning Director Castro advised there is one additional item that needs to be reviewed Arith this document, and staff is recommending some changes be made in the legend describing the General Plan. (1) That the A ric itural District was previously noted as 0,2 dwelling units per'acre, gOF staff is suggesting that be labelled as 5 acre minimum, which is what it represents, (2) On the law'density residential, staff was considering 5.4 dwelling units per acre as opposed to the 4,5, and we would like to revert back to the 4.6, which means you cannot have more than 405 lots per acre, and the minimum lot size shall be 6,000, (3) On the medium density residential, staff issuggest- ing that the new density level be increased from 12 to 17, (4) On the high density classification, which is 1,500 square feet.of lot area per unit, the classification should be 29 instead of 20, (5) We are suggesting that a new classification, a medium low density residential, between the low density and 1 1 1 1 1 1 1 1 1 Arroyo Grande Planning Commission, 5 -2 -78 the medium density, to yield duplex zoning which would be 11 dwelling units per acre, so that you minimum, a low density of 405 per acre, a medium duplex zoning of 11 dwelling units per acre, the and the high density of 29. These numbers would zoning code. we don't now have, This would wind up wp-ith 5 acre low density which is the medium high density of 17, be in conformance with the Mr. Castro advised that staff is suggesting wording to that effect on Page 28 of the General Plan Text, and that procedure be inserted as part of the requirements for reviewing agricultural properties, which is going back to Page 14 of the same text. He advised that staff supports the procedure, with the feeling that is a reasonable way to address the problems of the farmers and try to be equitable with them as we are with other people in business who have property. Upon being assured by Planning Director Castro that public hearing for the proposed amendment to the General Plan Text had been duly published, Chairman Gerrish declared the hearing open. Page 7 There being no further comments from the audience, Chairman Gerrish de- clared the hearing closed, Commissioner Harris requested that the discussion on this matter be post- poned for two weeks. After a brief discussion among the Commissioners, Chair- man declared the public hearing reopened and continued to the next regular meeting of May 16, 19780 PUBLIC HEARING - AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT TEXT RE PRIME I AND II AGRICULTURAL LANDS. Planning Director Castro advised that the public hearing on the te)Ct amendment was properly advertised. He referred to the staff memo outlining the recommendations forwarded by the City Council to the Commission regarding procedures for the rezoning of Prime I and II agricultural lands. The recom- mendation by the Council states "That on any rezoning applications, the appli- cation shall first be reviewed by the City Council and by a 4 /5th majority vote of the City Council, the five acre minimum shall be deleted subject to the following findings 1) That the City Council finds and determines that the land under consideration is no longer an economically viable agricultural unit; 2) That the deletion of the five acre minimum or the proposed land use shall have no physical adverse affect on any adjoining Prime I and II agri- cultural::.landso" Following this procedure, the applicant shall apply to the Planning Commission for a zone change in keeping with the Ordinance require- ments. James Bradley, 4958 Wrigley Avenue, Buena Park, representing Sawada Miyake Farms, stated, as he understands it, the main objection to the Sawada Miyake property is that by allowing the development of that property is because it would infringe on the adjacent existing farms. He pointed out that this is a 20 acre parcel of land; 6 acres of which are farmable, '14 acres are complete non- farmable, and the City is, in effect, saying to the owner, you can't do anything with it because we want it as a buffer. Planning Director Castro advised that what is being suggested is that each property be reviewed on its own merits and, in his opinion, this pro- vides the opportunity for the property owners to approach the City, Mr. Bradley advised that the trees on the property are 53 years old and they are completely worthless. Mr. Castro advised what we are trying to do is lift the conditions of a 5 acre minimum, which makes it totally unrealistic to sell or develop the property. The policy here is saying that if the City Council finds those two conditions to be valid, then they will lift the 5 acre minimum requirement by a 4 /5th majority vote. Mr. Bradley stated that the statement that no change can be made if it adversely affects abutting properties, and that, is telling us right off that no change is possible. Chairman Gerrish pointed out that this Planning Commission can only suggest that if this amendment comes to pass, that Mr. Bradley attempt to get whatever zone change he wishes. He further stated that one of the Iles on the property in the past has been that there were no guidelines to either this Commission or the Council and even these guidelines may be rather .broad, at least there are some guidelines to start from. , 3 5 el Arroyo Grande Planning Commission, 5 -2 -78 Page 8 Mr, Conrad Grieb, Rt, 1, Box 484, stated that the Miyake property is_ not feasible for farming. He advised that he farmed the.property and there were 6 acres of apricots there originally, and the biggest percentage of. those have'died out. He pointed out that it is not a feasible operation to go in there and take those trees out and treat the land to put those orchards back in there. He further stated they have a piece of property just north. of this property that they are going to have to dispose of in the near future, and they don't want to be in the same predicament ae'Mr, Miyake is in today. With regard to the walnut trees, Mr. Grieb stated•that in the State of Cal - ifornia, they figure a little more or a little leas for grafted walnut trees because of the root system and after 30 years there is a decline and you had better" figure on getting rid of them. He stated that production here is 3m to a ton per acre against 2 to 4 tons .er baer. i t:1t , /atley.a*d the "^ g fa" no ° .way we':can•° compete,.with the dew archer As' ver there, and.. to continue farming that-Land is asinine, irg'im fu Lieriatireassion for or against the proposed Chairman Gerrish declared the hearing closed, Commissioner Harris stated'heAs not in favor of the amendment, in that he doesn't like the 4 /5th majority'vote, and he doesn't like it going to the City Council first.instead of coming to the Planning Commission as traditional, and he doesn't like the criterion of having an economically viable agricultural unit. He stated that apparently none of the City Council or Commission feel that there is.obviously a problem with the requirements of the General Plan that "•all prime agricultural land be kept at a five acre minimum without having a Way of getting out of that, and by sticking this.in, they are creating a" buresiu ti6 network condition which they have already got, which is unneces- sary"," If they want to delete the 5 acre minimum for prime agricultural land, simply delete it from the General Plan and decide on a case by case basis, but by saying "an economically viable agricultural unit" is very unprecise and is virtually meaningless. What is an economically viable agricultural unit to one pion is not economically viable to another; it is very vague, and there is really no standard that anyone can go by. He stated that if the Planning Com- mission and City Council want to take agricultural land out of agricultural use and put in another type of use, they don't need to have /this justification here; simply delete from the General Plan that they have a ,five acre minimum, and when they come in for a zoning change or General Plan change, let them come in for it the way they would on any other type of property; there is nothing sacred about agricultural land that it is completely different from any other type of property, Commissioner Harris suggested simply changing the General Plan which requires all Prime Agricultural Land to be five acre minimum. He stated that right now the way the General Plan is, if it is Prime Agricultural Land, you should not be able to have any other type of classification other than agricultural, which means 5 acre minimum, and if you deleted the section that requires that all prime agricultural land be classified as agricultural, you would be able to change land that is, in fact, prime agricultural to a non- agricultural use, thereby circumventing 5 acre minimum. So you could use it if it was not suitable for agricultural use, even though the soil type was prime agricultural, you would have the flexibility to change it to something which is more suitable. After considerable discussion, it was agreed that the matter be continued to the next meeting for further review and possiblewof Page 14 of the text, Chairman Gerrish declared the public hearing reopened. and continued to the next regular meeting of May 16, 1978, REQUEST FOR ZONING ORDINANCE CLARIFICATION (DR, FREITAS), Mr,"Cool advised that.Dr. Freitag could not be present at this meeting; and requested continuance of the matter to the next meeting, CHAIRMAN GERRISH DECLARED A FIVE MINUTE RECESS, THE PLANNING COMMISSION MEET- ING RECONVENED AT 10 i 00 P.M. WITH ALL COMMIES TON MEMBERS PRESENTR R :CALt CONTINUATION OF PUBLIC HEARING - REZONING CASE N0_78 -116, 1219 FARROLL'AVE "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -3" MULTIPLE FAMILY DISTRICT, (1�ULLER/DAVTNO) Planning Director Castro, recommended that this matter be continued pend- ing action on the General Plan amendment, advising that the petitioners have agreed to this continuance. Chairman Gerrish declared the public hearing re- opened and continued to the next regular meeting,of May 16, 1978, 1 1 1 1 Arroyo Grande Planning Commission, 5 -2 -78 CONTINUATION OF PUBLIC HEARING - REZONING CASE NO, 78 -117 STAGECOACH ROAD "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT TO FAMILY RESIDENTIAL DISTRICT (ZOGATA). Planning Director Castro advised that a meeting was held with Mr. Zogata and his engineer, and staff feels more time is needed for further review, and that the petitioner is in agreement with the continuance, Chairman Gerrish reopened the public hearing and continued the matter to the next regular meet- ing of May 16, 1.978, CONTINUATION OF PUBLIC HEARING - USE PERMIT CASE NO, 78 -276 FREE STANDING SIGN, 1192 GRAND AVENUE (SANTA MARIA NEON FOR WES JOHNSON), Chairman Gerrish reopened the public hearing, Planning Director Castro advised that following the directive of the Commission, staff met with Mr. Johnson and discussed the objectives of the City and his concerns. In view of the fact that there are other tenants involved in the application, staff is recommending approval of the sign with a maximum height of 23 ft,; that the uprights of the sign and the sign boxes be trimmed with a brown color; and that the sign plastic be either a buff color or a non -glare plastic mater- ial with the letters to remain in blue and black as per exhibit on file, AYES: NOES: ABSENT: None RESO'LUTIO'N NO, 78 -609 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 78 -276, On motion by Commissioner Ries, seconded by CommisO%oner Cole, and by the following roll call vote, to wit: Commissioner Vandeveer the foregoing Resolution was adopted this 2nd day of May, 1978, Page 9 There being no discussion for or against the proposed Use Permit, Chair- man Gerrish declared the hearing closed, and the following action was taken: Commissioners Cole, Harris, Moots, Ries, Simmons and Chair- man Gerrish., REVIEW COMMITTEE ACTIONS - LOT SPLIT CASE NO. 78 -293 3 SO, ELM STREET LOT LINE ADJUSTMENT VORHEES), Planner Sullivan reviewed the lot line adjustment for the Commission and the conditions of the Minor Subdivision Committee dated Apr%1 26, 1978. After discussion, Minor Subdivision Committee Action of April 26,'1978 was approved as submitted, REVIEW COMMITTEE ACTIONS - LOT SPLIT CASE NO, 78 -294 CORNER OF MILLER WAY AND LE POINT ST, D.M. WALKER AGENT FOR D. CHI'L'L o Planning Director Castro advised that this matter was withdrawn by the applicant. REVIEW COMMITTEE ACTION - ARCHITECTURAL REVIEW CASE NO, 78 -166 VALLEY ROAD AND FAIR OAKS AVENUE GOSPEL Planning Director Castro advised that this matter was continued by the Architectural Review Committee pending receipt of a revised site plan and an attempt by the designer to give the exterior of the building more character. REVIEW COMMITTEE ACTION - ARCHITECTURAL REVIEW CASE NO. 78 -167 5 UNIT HAYES AND LE SAGE LIGHTHOUSE UPC STREET APARTMENT COMPLEX Planning Director Castro advised that the Architectural Review Committee requested this matter be continued pending redesign of the proposal reducing the number of proposed units. ARCHITECTURAL REVIEW CASE NO. 78-168, 401 GRAND AVENUE. TACO BELL , Planning Director Castro advised he had been unable to contact the Taco Bell representative in San Francisco, and requested continuance of the matter pending a meeting with the representative. Arroyo Grande Planning Commission, 5 -2 -78 Page 10 FURTHER DISCUSSION ON THE TREE ORDINANCE Planning Director Castro advised that staff presented to the City Council the recommendation of the Parks and Recreation Commission and the Planning Commission's findings regarding the proposed Tree Ordinance for the City. A petition was received from residents on Printz Road and staff again reviewed the matter of removal of trees on private land, and because of that petition, the Countil decided to withhold their action and have requested that the Com- mission review the City of San Luis Obispo's Tree Ordinances Staff has re- viewed and it is their feeling that basically our ordinance covers the same thing, and the only area we don't cover is the undeveloped parcels. Mr. Castro stated he feels the basic question is whether or not the Commission wants to get involved in the policing of trees on private lands. After considerable discussion, and in view of the fact that the Parks and Recreation Commission reviewed this tree ordinance and felt that it is sufficient, it was the genera:: feeling of the Commission that the present ordinance is adequate, A. STUDY SESSION ON SIGN ORDINANCE Planning Director Castro requested that this matter be continued due to the fact that staff is in the process of preparing the final draft on the propoged Ordinance. ADJOURNMENT There being no further business before the Commis on, Cha ,.n errish declared the meeting adjourned at 10:45 P.M. WRITTEN CORRESPONDENCE Planning Director Castro read a letter from Mr. George Johanknecht, 204 Oak Street, addressed to the Planning Commission requesting reconsidera- tion of the Use Permit approved for a racquetball club on Cornwall Street. After a brief discussion, staff was requested to discuss the matter with Mr. Johanknecht to go over the requirements with him, and if there is still a problem to bring the matter back to the Commission. ATTEST: / Secretary 1