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PC Minutes 1978-03-21482 Arroyo Grande Planning Commission March 21, 1978 The Arroyo Grande Planning Commission met in regular session with Chairman Gerrish presiding. Present are Commissioners Cole, Harris, Moots, Ries and Vandeveer. One vacancy exists on the Commission. Also in attendance are Planning Director Castro and Planner Sullivan. MINUTE APPROVAL Upon hearing no additions or corrections, the minutes of the regular meeting of Larch 7, 1978 were approved by the Chairman as submitted. LOT SPLIT CASE NO. 78 -291, LOT 5, TRACT 604, OAK PARK ACRES (KVIDT). Planning Director Castro reviewed the parcel map, noting that it is one of the Highway Service District parcels in Oak Park Acres that backs to the open space element, and fronts on James Way. The proposal is to divide the property into four lots. Mr. Castro reviewed the conditions of the Minor Subdivision Committee, dated March 15, 1978 and, after discussion, the conditions were approved by the Commission as submitted. PUBLIC HEARING - USE PERMIT CASE NO. 78 -273, 236 SO. HALCYON ROAD, FREE STANDING SIGN IN A "P -C" PROFESSIONAL COMMERCIAL DISTRICT (PINHEY). Upon being assured by Planner Sullivan that public hearing for Use Permit Case No. 78 -273 had been duly posted, published and property owners notified, Chairman Gerrish declared the hearing open, Planning Director Castro advised the request is for a low level sign, 6 ft. high and approximately 6 ft. in width, and is to be constructed of redwood with a painted masonite sign face. He advised that the staff's requirements would be that the sign be a minimum of 4 ft. back from the property line, and that the sign not be located within the 40 ft. line -of -sight triangle. Mr, E. L. Pinhey, 518 E. Main Street, Santa Maria, petitioner for the use permit, was present. No one spoke in opposition to the use permit. There being no discussion for or against the proposed use permit, Chairman Gerrish declared the hearing, closed and the following action was taken: RESOLUTION NO. 78 -600 U RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 78 -273. On motion by Commissioner Cole, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Cole, Harris, Moots, Ries, Vandeveer and Chairman Gerrish NOES: None ABSENT: None the foregoing Resolution was adopted this 21st day of March 1978. PUBLIC HEARING - REZONING CASE NO. 78 -116, 1219 FARROLL AVENUE, "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -3" MULTIPLE FAMILY DISTRICT (FULLER/DAVINO). Upon being assured by Planning Director Castro that public hearing for Rezoning Case No. 78 -116 had been duly published, posted and property owners notified, Chairman Gerrish declared the hearing open. Planning Director Castro referred to the memo from Planner Sullivan to the Plan- ning Commission, dated March 16, 1978, which read as follows: "The applicant is requesting the zoning at 1219 Farroll Avenue be changed from "R -1" to "R -3 ". The area on three sides of this parcel is zoned "R -3 ", and the fourth side is zoned "R -1 ". To grant the request would be in contradiction to the General Plan Land Use Map which shows the parcel and the adjacent mobilehome park as low density residential. The staff is currently working on a proposed City -wide package of amendments to the General Plan and the Zoning Ordinance in order to bring the two into conformance. We would recommend that the request be held in abeyance until the General Plan Land Use Map amendments have been reviewed and acted upon by the Commission and Council." Planning Director Castro advised that the applicant is aware of the fact that we would have to go through the General Plan Amendment first. He further suggested that the public hearing be opened and continued. Mr. Roger Fuller, 271 So. Alpine Street, petitioner for the rezoning, stated he Arroyo Grande Planning Commission, 3 -21 -78 Page 2 would like to hold his presentation until the matter is continued by the Commission. Mrs. Melba Tucker, 1241 Farroll Avenue, of the Grandmothers' Mobilehome Park, stated they would prefer to see condominiums go in on this property rather than single family dwellings. After a brief discussion by the Commission, Chairman Gerrish continued the public hearing on Rezoning Case No, 78 -116 until the General Plan amendment has been accomp- lished. He advised the matter would be re- noticed at that time. PUBLIC HEARING - REZONING CASE NO. 77 -110, 590 E. CHERRY AVE., "RA -B3' RESIDENTIAL AGRICULTURAL DISTRICT TO "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT (MARSALEK). Upon being assured by Planning Director Castro that public hearing for Rezoning Case No. 77 -110 had been duly published, posted and property owners notified, Chairman Gerrish declared the hearing open. COMMISSIONER VANDEVEER ADVISED THAT HE LIVES IN THE SUBJECT AREA AND REQUESTED TTIAT IIE BE EXCUSED. Planning Director Castro advised that this matter was before the Commission back in October of 1977, and at that time it was suggested that the matter be held in abeyance until the Agricultural Committee had made their recommendations to the City Council and, in view of the fact that they have now made their recommendations, it is being brought back before the commission for consideration. Mr. Castro stated that in further researching some of the history on agricultural lands he noted that the text findings or recommendations on Page 14 and 14A in the General Plan stated that a five r,^a:e minimum parcel size has been indicated for prime agricultural land if in fact any of the prime land is to be developed, and this is to provide some fair method for the property owner to utilize this property if he so wishes to do so. He further stated he found this particular statement is somewhat in conflict with the Land Use Plano The map notes the area for low density residential, and he didn't know why the property was not labeled as prime agricultural land such as other lands had been labeled. He stated that in view of this conflict, and in view of the fact that the responses we are getting from the farmers to the Agricultural Committee's recommend- ation do not appear too favorable, Mr. Castro suggested that the matter of this appli- cation be referred to the City Council. He stated he feels it is important that each parcel of prime land be considered on its own merits and that some determination of policy should be made by the Council as to whether this land should be considered prime agricultural land and, if so,- should it be subject to the .02 dwelling units per acre. If there are other circumstances for the Council to review at that point in time indicating that it should be considered for development of a higher density, then the recommendation should come from the City Council. After considerable discussion, it was the general concensus of the Commission that this matter should be heard and a determination made on the rezoning request with a recommendation being forwarded to the City Council for their action. Mr. Tony Marsalek, 536 E. Cherry Avenue, Executor of the Estate of Fred Marsalek, spoke in favor of the zone change being granted. He advised that the gross receipts for farming the property have declined annually for the past 10 years, and in 1977 the gross receipts amounted to $1,400 on approximately 10 acres of walnuts. Mr. Marsalek outlined some of the economic disadvantages of converting the land to row crops, such as having the trees removed, irrigation, etc., which would easily exceed a cost of $100,000. He further stated that none of the family members are interested in farming the land any more; Mrs. Florence Benningsdorf, 518 Allen Street, spoke in favor of the requested zone change. Mr. R. A. Sevier, 528 Allen Street, stated he is in favor of the zone change, and that all of the people he has talked to on Allen Street are also in favor of the "R -1" zoning. Mr. Jack Mallory, 326 Noguera Street, stated he is in favor of the rezoning request. Mrs. Irene Hill, 611 E. Cherry, stated she was not opposed to the rezoning, but that she was concerned about the size of the lots, in that more houses would mean more streets and more of a traffic problem, that'it would be less agricultural and take away some of the walnut trees, and would mean more children in the schools which are already overflowing. Also there were some flooding problems there during the last rain, and it would also mean more City services. She stated she would like to see the property rezoned to larger parcels resulting in less homes there. 483 484 Arroyo Grande Planning Commission, 3 -21 -78 Page 3 Mr. Fred Steele, 1598 Hillcrest, spoke in opposition to the zone change. He stated, in his opinion, this property is more valuable for farming. He further stated if it is developed he didn't think it should be anything more than "R -l" zoning. Christine Phillips, 216 Pearwood, stated she would prefer to see parcels like this locally developed as "R -1" than to see developers coming in from out of the area and developing. Mr. Marsalek stated that a tentative map has been prepared and in that map is included lots ranging from 6,000 to 13,000 square feet. He pointed out that they intend to retain what trees are there, taking out just the ones that are necessary for the homes and the streets, and that there was no flood problem on that particular piece of property. He advised that the plans are for a very attractive development to conform to the surrounding area. There being no further discussion for or against the proposed rezoning, Chairman Gerrish declared the hearing. closed. After discussion, the following action was taken: RESOLUTION NO. 78 -601 Z RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE AS PROVIDED BY CHAPTER 4 ZONING, ARTICLE 32 OF SAID CODE. On motion by Commissioner Cole, seconded by Commissioner Moots, and by -the following roll call vote, to_ AYES: Commissioners Cole, Moots, Ries and Chairman Gerrish NOES: Commissioner Harris ABSENT: Commissioner Vandeveerl the foregoing Resolution was adopted this 21st day of March 1978. REQUEST FOR NEGATIVE DECLARATION - REZONING CASE NO, 77 -110, 590 E. CHERRY AVENUE, "RA -B3" RESIDENTIAL AGRICULTURAL DISTRICT TO "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT (MARSALEK). Commissioner Harris noted an error in Form 83 under Environmental Coordinator's Recommendations, "Potential Significant Loss of Resources ", in that the "no" box was checked for "Prime agricultural land" which should be corrected to "yes ". Chairman Gerrish requested that this error in the form be corrected. There being no further discussion regarding the Request for Negative Declaration, the following action• was taken:- RESOLUTION NO. 78 -602 EIR RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ACCEPTING NEGATIVE ENVIRONMENTAL DECLARATION. On motion by Commissioner Cole, seconded by Commissioner Ries, and by the following roll call vote, to wit: AYES: Commissioners Cole, Harris, Moots, Ries and Chairman Gerrish NOES: None. ABSENT: Commissioner Vandeveer the foregoing Resolution was adopted this 21st day of March 1978. COMMISSIONER VANDEVEER IS NOW PRESENT. GRANDE HIGHLANDS - CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT. Planner Sullivan referred to the memo to the Planning Commission, dated March 6, 1978, outlining the three alternative procedures in considering the Grande-Highlands planned development. He pointed out that there is an annexation involved, as well as the consideration of the EIR, Planned Development and Zone Change, and if the pro- posed annexation should fail at any point,- it was the staff's opinion that the entire project would be "dead" and would have to be re- submitted. Arroyo Grande Planning Commission, 3 -21 -78 Page 4 Mr. Warren Thompson, Architect for the project, 3007 W, Patterson Building, Fresno, stated that the 2nd or 3rd procedure would be their preference. He mentioned that they had discussed this proposal with LAFCO and was informed that the matter wouldn't be heard until the 4th of May at the earliest, but more than likely it will be heard on the 18th of May. He suggested that Procedure II be followed so that the matter can get under way so that the people will have a chance to think about it. Mr. Mitch Walker, 242 Garden Street, representing the appli- cant, recominend hearings be started. He advised that there are two independent agencies involved here and the decision from LAFCO would not hamper the Planning Commission's decision, in that LAFCO is going to make their decision independent of what the Planning Commission says, and the Planning Commission should be independent in their opinion about the rezoning and acceptance of the project as far as annexation into the City, After a brief discussion, the Commission agreed with staff's recommendation to follow Procedure I as follows: "Hold no hearings or reviews until after LAFCO makes a recommendation on the annexation. Then the EIR, annexation and zone change must be completed by the City within 140 days after LAFCO recommends the annexation, if they doe" Planner Sullivan read a petition which was delivered this morning by a resident of the Sunrise Terrace Mobilehome Park containing 167 names, stating they are :,apposed to the project in general. PRESENTATION BY SAN LUIS OBISPO COUNTY PLANNING DEPARTMENT RE: PRELIMINARY DISCUSSION DRAFT - SAN LUIS PLANNING AREA, Mr. Bryce Tingle from the San Luis Obispo County Planning Department referred tc• the Preliminary Discussion Draft of the San Luis Planning Area which had previously been distributed to the Commission. He pointed out that the program is the Land Use Element and Development Code for the County -wide Planning Area, and that he would like tw :7 °.= k: some of the things that were in that report and also perhaps get some feed - ba:.k that the Commission might have on that report. Mr. Tingle outlined the planning area on the trap. He referred to the Arroyo Grande Fringe Area, stating that the exist - ing 'ity limits of Arroyo Grande is where they have shown the proposed Urban Reserve Lin•• which was based on an evaluation of existing kinds of uses in that area, the service capabilities of the City, the appropriate type of densities in these.areas. He stated they would like to learn what the Commission's concerns are in the fringe area and what the Commission feels would be appropriate in that area Mr. Tingle indicated his feelings that the Programs and Standards contained in the report are the things they would be most interested in having comments on from the Commission, either through staff or as individuals. He commented they would like to get any comments back on this planning area no later than the first of dune. After the presentation, Mre Tingle advised that basically, what they are trying to do is make basic land use recommendations and establish some basic threshholds from the existing data available through the County Engineer, the cities, the Water Quality Control Board, Special Districts, etc. Planning Director Castro suggested that the matter be placed on the Agenda for' the meeting of April 4th or April 18th, at which time staff can submit recommendations to be reviewed and forwarded to the County Planning Department. RESOLUTION OF INTENTION - PROPOSED AMENDMENTS TO THE GENERAL PLAN AND ZONING MAP. Planning Director Castro requested that the Commission adopt a Resolution of Intention to set a public hearing on the proposed amendments to the General Plan and Zoning Map. After a brief discussion, the following action was taken: RESOLUTION NO 78 -603 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE EXPRESSING INTENTION TO AMEND THE GENERAL PLAN, THE ZONING ORDINANCE AND MAPS. On motion by Commissioner Cole, seconded by Commissioner Moots, and by the following roll call vote, to wit: AYES: Commissioners Cole, Harris, Moots, Ries, Vandeveer and Chairman Gerrish NOES: None ABSENT: None the foregoing Resolution was adopted this 21st day of March 1978. 485 486 Arroyo Grande Planning Commission, 3 -21 -78 ADJOURNMENT There being no further business before the Commission the ting was adjourned by the Chairman at 9:35 P.M° Page 5