PC Minutes 1977-01-10Arroyo Grande Planning: Commission /City Council
January 10, 1977
The Arroyo Grande Planning Commission met in an adjourned joint study
session with the City Council, with Chairman Pope'presiding. Present were
Commissioners Cole, Gerrish, Hitchen, and Mathews, Councilman Gallagher,
Millis, Schlegel, Spierling, andlMayor de Leon. Also present were City
Administrator Butch,•Planning - Aide Sullivan, Public Works Director Anderson,
and City Engineer Garcia and his replacement, Paul Karp
CONSIDERAJrION OF RECOMMENDATIONS FROM AGRICULTURAL LANDS COMMITTEE
Chairman Pope stated that the Planning Commission had received a
communique from the City Council and the City Administrator regarding trying
to establish what prime agricultural land is The Commission felt inept to
do this; therefore, the Agricultural Lands Committee was established.. I.t
consisted of two farmers, two citizens very concerned with the problem, two
members of the Planning Commission, and one citizen - -at- large, The Committee
found that it could not dOtermine what prime agricultural land is. There are
many differe.t ways of defining prime l;b.nd. They did submit a packet consisting
of three steps for consideration by the'Commission and the Council: 1) a
policy statement with regard to annexation of land; 2) dealing with bringing
the General Plan into conformance with the Zoning Ordinance; 3) a new zoning
proposal the Committee felt should be considered, which would provide for the
farmer to put his land into a specific zoning which entitled him to some'
specific privileges.
Tom Sullivan, Planning Aide, then reviewed the various proposals for the
Commission and Council. Councilman Spierling asked about the portion in the
policy statement which was stricketz out which;xea:d ". "unless the owner of the .
property, in submitting a request for annexation,' can establish that the :
property is no longer a viable agricultural unit and the next highest andl-best
use is annexation and development," Chairman Pope stated that the Committee
had felt this was too lengthy.. Councilman Gallagher suggested saying "It is the
policy of the City �of Arroyo Grande that no prime agricultural land, hereby
defined as Class I and II, used for the production of foods and /or fiber..,."
Chairman Pope stated that the Committee had had to dispel the thought of
land classification, as there are some Class IV lands on the valley floor
that are taxed higher than Class I and II lands, Planning Aide Sullivan
stated that, in his opinion, some measure of land productivity was needed
in determining what is prime and what is non -rime, Mayor de Leon noted that
some Class II_.iis very expensive to cultivate, Council an...Gallagher asked what
the States criteria was for prime agricultural land; Planning Aide Sullivan
replied that the bill which failed last year used the same criteria as the.
4i1'li'amson Act did ten years ago, This was $200 of crop or animal gross-value.
or year per acre. He did not feel that figure was appropriate now
Commissioner Gerrish felt there might bea- problm wi. the motion of
the statement which says "land used for the production Hof foo andter fiber
fbr commercial distribution.,," He asked if.a person could just not use land
on the valley floor for sekeral years if he wanted to annex it Chairman Pope
said this could be determined through the public hearings
Coun.cilmaSpierling suggested that if the Council and ,Commission are
going to continue to consider the policy statement, they shou.d proceed based
somewhat on what Planning Aide Sullivan had suggested as a means of determining
what prime agricultural land is, He suggested ":,.-:,eland suitable for the pro-
duction of Yoodt ,and /or fib .x - ", rather than " land used for„" He felt
this would cover a variety of points. He felt that under the term " *uitable"
they were also. °talking .abort" the size of the property :. One ..acr.e may not be
c.on ic:ally capable.o.f, sustainingLitself fOt the production of foods. He
ale* felt they. 7n:eeded''a definition of the w rtc4 "prime!. He felt they needed
scthing along the lines. of what Mr.. Sullivan had suggested and they also
needed an update on the. $»2A0 /year. f acre figure;
Councilman Schlegel asked why they used the term prime if no one could
defin,si it, He suggested using something else, Commissioner Mathews suggested
sayjrg ". -,.na agricultural land suitable for—." and then adding a price tag;
he felt thin, could eliminate land that isn't productive, Commissioner Cole
Stated she did not like the use of a spetific price because of inflation..
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• Cquncil;.Spierling stated they were putting the onus on the property owner
to establish beyond a reasonable doubt that his property is no longer a viable
agricultural unit: He felt this was the only way it could be done. Commissioner
Mathews noted that it could be possible to bring in a lot of income from a piece
of property, but it wduld not be:viable because the equipment needed to farm it
would be too expensive. Councilman Spierling felt they may wish to ask some other
questions. If they say that the property owner has to establish that his property
is no longer a viable agricultural unit, they will expect more than just the
owner's word.- Fred Wolf, one of the members of the Agricultural Lands Committee,
noted that part of the intent of the policy was to place the developers, particularly
those from out of town on.notice that they could not come in, bud land, and
immediately apply for annexation with the intent of developing further dwellings.
With regards to the suggested statement about public input, Councilman
Spierling' asked what wag meant tsy " ' ". He - felt it should be "reco nized
and•Considered "; if the word." accept!! - :.meant. to. incorporate,' :that was :something
totally .different. : Wolf statednthis meant .listened :to`.and .nothingtmore'�:
He felt the terminology :.could.be worked out.
Commissioner - Gerrish .questioned'. Sec. ..9 -4A02 : which. said .but ,not `.in clud
commercial animal or. fowl feeding or production." He asked if this was in the curr
ordinance. Chairman Pope stated that the Committee telt this should be confined to the
fiber and row crop type properties. Planning•Aide Sullivan added that they would
like to require a use permit for the production of commercial animal or fowl feeding:
Mr. Wolf noted there was a conflict in square footage of signs allowed in
the "A-P "..Distrtcte ,,,In one part it says "in the aggregate six (6) square feet"
and in another it says "six feet (6') square in area." Planning Aide Sullivan
stated he would check on this.
Councilman Gallagher asked if a property could be rezoned to "A -P" if it
were under five acres. Chairman Pope replied that it could not; the committee did
not feel it was - a viable agricultural unit. Councilman Gallagher said he felt this
should be the property owner's determination. Chairman Pope stated that when -a
property becomes zoned "A -P ", the property is pretty well frozen into a viable
agricultural unit and also any adjoining: property owner who develops will have to
meet certain requirements.
Commisioner Gerrish questioned the 35% maximum lot coverage noted in Sec-
9-4A07. Planning Aide Sullivan noted that it is not excessive in terms of items
greenhouses.
Councilman Spierling questianed Sec.. 9- 4.4A08 (a) Front. Yards, the second
paragraph, which says "..,nor shall the dismantling, repairing, or keeping of any
disable voilitale4n the front or side or driveway be permitted;,.." He felt
that farmers ofteni have to park their equipment between the times it is used.
Planning Aide Sullivan stated that the intent was for the storage and repair of farm
equipment or other vehicles to be done in the rear yard or in an accessory building.
The only intent was to keep these vehicles out of the front and side
Mr. Tom Runels, member of 'the Agricultural Lands Committee, stated there were a lot
of "R -l" residences storing boats and repairing automobiles. Chairman Pope
stated there were ordinances against this, and the City Council should be apprised
of the matter if they were not being enforced. Commissioner Mathews stated he
could agree with prohibiting these vehicles from the front yard; however, he
felt the side yard portion could be eliminated, as many people have a fence all
along the side yard. Commissioner Hitchen-said he felt the term "disabled"
was a little ambiguous. Council anSpierling felt that perhaps having the repair
of farming equipment done in accessory building might clean the matter up.
With regard to See. 9- 4.3211, Councilman Gallagher stated there is still
a� decision to be made Permitted land use is all that'.is expected or can be
donsidered: Commissioner Hit — Chen asked who reviewed financial information
and indicates that the land is no longer : a ; viableagricultural unit. Chairman
Pope stated that there had.�:.been suggestions for this: the Lot Split
Committee, the Subdivision Review Board, the Agricultural. Preserve Committee:_ -~.
Councilman Spierling stated tht the Agricultural Committee is pretty consistent
and is composed of people that are knowledgeable. Mr. Runels said he understood
Arroyo Grande Planning Commissipn /City Council, 1 -10 -77 Page 3
that the property'owner had the Fight of appeal to the City Council if he did
not,'agree with the Comiittee's recommendation. Councilman, Schlegel asked a-
,bout a farmer who had been farming . a particular•crop that was no longer feas-
ible:and who•could change to.another crop that was feasible, but didn't want to;
would he qualify for '!A -P" zoning. Commissioner Cole said this would be part
of :what the Committee could decide on. Chairman Pope stated that every man
has the basic right to farm as he wants; some things will have to be handled as
special cases. Mr.. Runels asked about the farmer who wants to retire. Chairman
Pope replied that it is all dependent on the farmer-..to make the application.
Most farmers who spoke to the Agricultural Lands Committee said they wished to
continue farming. .John Runels,.a farmer, asked what if the farmer did not
have anyone to passthe farm on to.and selling the property as farm land
was not the most lucrative. Chairman Pope stated that the farmer could go
to the Committee for a rezoning; he could then appeal the decision to the
City Council if he was not happy. Councianan Gallagher said there was a
premise that nobody can expect more from a piece of land than the present
,zoning on it. 'Theprdperty owner can appeal and can request a higher zoning,
but that is all. Nobody can expect a nigher designation on his land until
he gods through the proper procedure to apply for a zone change
. Imo. .Tom Runels:.stated that the farmers are paying taxes at a higher rate
';'Chan for- •agricu'ltural land because the Tax Assessor - by the highest and
'bestuse. for the land. Councilman Gallagher said hethought the intent of
classifyiing agricultural .lands is to get the Tax Assessor to re- evaluate
the farm lands. As long as land.is used for farming, thattis what it should
be taxed for. He every effort should be made to make it profitable for
the farmers.
City Administrator Butch asked what was meant by "wall" in Item 1 of the
Amend is to the Subdivision Ordinance. Chairman ?bOe said they meant some -
thing I to protect the farmer's operation. Mr. Wolf g .id that what they were
trying to do is contrary to the usual technique of keeping things in; they
were . trying :. to keep things outs Councilman Spierling felt that a block Wall
that is smooth on one side is the best solution.
Mr. Wolf that the Committee had discussed ad't rig other advantages
to the program at a later time, such as exemption from:' t a Sewer District.
With regards to the recommended changes to the Land Use Plan, Maury
Brennan asked what they considered large lot size. Chairman Pope stated that
the Faftr Oaks area is a good example. When this area was incorporated, there
were many large lots. The area was then zoned PR-1" and the properties were
later split into several building sates. This overtaxes the sewer and water
systems at that point. Mr. Brennan asked if 10,000 or 11,000 sq. ft, lots
would be considered large lots; Planning Aide Sullivan replied that they wound
not. A large lot would be something rake 11/2 acre lots.
In summary, Chai n Pope stated thit the Agricultural Lands Committee was
recommending that thi�,w zone be set up for protection for the farmers who
want to continue' to i''erm. . Mayor de Leon . asked :. if a farmer's widow would have
a lot of red tape to go through-if she decided to sell the farm for development.
Chairman Pope replied that it :would have to come ultimately before the City
Council and they *would have tt,Oe final decision. . Mayor de'.Leon stated he felt
she should be ableto sell her property for the best use she can get.
Commissioner Hitchen asked who the farmers would be applying to if they
wished to go into this nefi zone within 90 days, as set out in the proposal.
Chairman Pope replied that they would be applying to the Planning Commission
and then to the City Council, as.in.a normal rezoning. Fred Wolf added that
the farmers will be notified of the opportunity to enter into this new district;
along with its advantages. Chairman Pope noted that the Committee did not feel
that the Wil iamson Act is a very premising program in the City. Peggy
Langworthy asked if. the Conimittee had considered the opportunity to enter into
the new zone within 90 days at the-City's expense as aV'frost1ng" or if it'
should be included in the ordinance. Chairman stated this was strictly
a decision the individual farmer must .make. The only thing they were trying
to do was make fa ng:a,more pleasantperience. Peggy Langworthy asked
if a person in the' " A4" zone would be legally obligated to go into the
Wipaamson Act, and if they were in the - Williamson Act, wmo d they. be -required
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to go. into "A -P" zoning. Chairman Pope replied that they would not be obligated
to go.into the Williamson Act if they were zoned "A -P "; however, "A -P" zoning
would be appropriate if they wished to enter into a preserve contract.
Mr. D. G. Porter asked if it was the Williamson Act which spoke of prime
land; Chairman Pope replied that it'.was. Mr. Porter stated that the Williamson
Act said'prime land was Class I and-Class II land, as described by the Soil
Conservation Service. Chairman Pope agreed this was right ;'however, the farmers
on the Committee did not feel this was the correct way to define Class.I and II
soils. Class IV soil can produceas much as I and II soils, Chairman Pope
stated that the Committee had got away from using the term "prime" when it
learned that the Tax.Assessor's Office often. taxes Class III or IV lands
higher than Class I and. II soils, and when the farmers said that it really de-
pends on.the farming operation and what is being grown as to the productivity
of the land. Mr. Porter felt that "prime" should be removed; when it is used
you must stick with Class I and II for Williamson Act classification. Councilman
Gallagher said he thought that perhaps the Tax Assessors are probably not as-
cognizant of land value in relationship to soil value, They are probably not
assessing according to soil classification. Chairman Pope stated he had talked
to the Assessor's Office and they are assessing the land on its highest and best
use.'Mrs:. -Peggy Langwoi%thy asked.if.the land would be reassessed if it was
zoned "A-P" and could not be used for anything except farming., Chairman Pope
said he was not able to got a definite ansk7er from the Assessor's Office„ ,Mr.
Tom Runels said the Assessor's Office had told'hi`m they would not tax the land
differently than its highest and best use unless it had a valid preserve contract.
Mr. Wolf said the County Asse4sor' told him he does not have that option at law.
If he wanted to assess land in the "A -P" zone and not under the Williamson Act
lower, he could not do so by State law;
OPEN SPACE DISTRICT
Planning Aide Sullivan stated that this proposed addition to the Zoning
Ordinance was prepared by Hahn & Wise & Associates who prepared the Open Space
and Conservation Element for Grover City and Arroyo Grande. It is basically the
same as Grover City has. Arroyo Grande has the element; this would be the
ordinance. Mr. Brennan asked what land this inv$lved, Chairman Pope stated it
would be the .City parks, the streambed areas, areas such as the drainage Swale
in Sunrise Terrace. Mobile Home Park. Mrs. Peggy rangworthy asked if there was
a provision in the ordinance for acquiring more open space; the Chairman replied
that there was.
FLOOD PLAIN DISTRICTS
The Commission and Council briefly reviewed the proposed,primaty and
secondary flood plain districts..
ZONING ORDINANCE AMENDMENTS
The Commission and Council completely reviewed the suggested changes to
the Zoning Ordinance.
Regarding Sec. 9- 4.2421 (a -2), City Administrator Butch stated that pre-
sently the City does not require_:curb, gutter and sidewalk on a piece of property
if less than 50% of the block has them. This proposed change would mean that
they would be required for any building:•permit, whether they existedR` elsewhere
on the block or not. Chairman Pope felt that this would be exempting lots with
existing structures without °curb gutter, and sidewalk, if another building
permit was never issued for that property City Engineer Garcia felt that this
was not necessary, as the City can require curb, gutter, and sidewalk regardless,
under the Streets and Highways Code.
City Administrator Butch felt the term "existing bonafide contract" should
be excluded from Sec. 9- 4.3105 (aa); it could change. A contract may become void,
Councilman Gallagher stated that he liked the idea that if someone doesn't do
something within; °one year, they must come back for renewal. This gave additional
control. Commissioner Gerrish asked who would decide if there is a bonafide
contract. Planning Aide Sullivan replied that the Planning Commission would.
Councilman Gallagher asked about the Fire Code in connection with the pro-
posed addition to Sec. 9- 4.2405. Councilman Schlegel noted that any building
must be according to Code, including a one -hour fire wall on property line.
• Arroyo Grande Planning Commission /City Councih,- 1 -T0 Page 5
Witb regard to the changes recommended by the Planning Commission to Sec.
9- 4.802, Sec. 9- 4.803, Sec. 9- 4.902,`atid Sec. 9- 4.903, Planning Aide Sullivan
noted that the Planning Commission felt multi- structure apartment develop-
ments are more pleasing than single structure developments and that a use
permit should not be required for'them in the "R -G" and "R -3" zones.
PROPOSED AMENDMENTS TO THE SUBDIVISION ORDINANCE
City Engineer Garcia noted that the Subdivision Map Act -has changed. and
many of the proposed amendments are just reflecting: the new location in the Govt.
Code. He stated that one of the changes is the new inclusion of "Interested
persons ". The new act provides that interesteed persons may be no €ified and
they may appeal. The staff had defined interested persons in the same ..way
as the Government Code does. In order to appeal, they 'must be notified.
Some of the old terms have been deleted as they are archaic. The
" standards" referred to a book they would be bringing to the City Council
for adoption. The City has been using them, but historically -the City Council
has never adopted them. These would be- improvement standards. The street
definitions are_heing changed to reflect the Circulation Element. The major
change to Sec. 9 -3.403 is.in the minimum average' lot depth., There could be,a
situation where, as with modular- homes,a wide`.lot that isn't deep might be
'desirable. Thepproposed .change : would allow for this: withoutiieducing the,
total square footage of the lot. Building.setbacks used to be required on the
map. The staff felt that this.is a zoning matter and is subject to'change.
Therefore, it is i'nappropt'iate to show.them on.the maps. .Councilman Schlegel
asked where this information would be. .City Engineer Garcia replied that it
would be in the zoning. requirements.
City Engineer Garcia stated Sec. 9-3507 (1) is a.complete rewrite.
There was a long cumbersome formula before which ended up with people paying
widely varying amounts for the same basic purpose on lots. Commissioner Cole
asked how this is evaluated; what about the person who donates open space which
has a greater value than $100 per lot. City Engineer Garcia stated there were
criteria for donating open space instead of monies. Or both could be donated.
The subdivision keview - Board makes this determination.
City Engineer Garcia stated that currently our inspection fee is a flat
2 %. On smaller projects it is insufficient. Therefore, the staff was recommending
changing the fees. Councilman Gallagher asked if the City provided inspection on
the weekends. City Engineer Garcia replied that normally it did not. Councilman
Gallagher suggested that the City should require there be some;supervi §ion for
grading. If it is done on a weekend, they would pay the fee for inspection. The
developers should be required to do their work When .inspection . is possible. If they
don't they should be requited to pay the fees for the cost of providing An inspector.
Councilman Gallagher stated he would like to have some attention paid to this.
City Engineer Garcia said that normally a grading operation can be corrected if
it is done improperly. Counci]4nan Schlegel said he agreed with Concilman Gallagher;
there should be proper inspection.
Councilman Gallagher stated he would like to have the policy of granting
deviations come back to the City Council for review. He felt that when the make
up of the Council changed, things like this should be reviewed.
City Engineer stated that the filing fee noted in Sec. 9- 3.606, (b)
is new. The old few was $25 and $1 /lot; the new fee is $100 and $2 /10-t.
Councilman Gallagher asked`if this is commensurate with the costs: involved.
City Engineer ;Garcia mraid1 he believed it was.
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Under Sec. 9-3.60, City Engineer Garcia stated that the City did..ndt
require the attendance of the subdivider, his engineer, or other agent to attend the
Subdivision Review Board meetings; the proposed change says there will not be a-meeting
until one is present. Councilman Gallagher felt this was a good idea; too many times
in the past the staff has had to act as spokesman for a developer.
ORAL COMMUNICATIONS
Councilman Gallagher asked who comprised the Architectural Review Committee,
Chairman Pope replied that the Committee is appointed by the Planning Commission
Chairman. It is made up of two Planning Commissioners, and two City staff members.
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Arroy Grande Planning Commission/ City Council, 1 -10 -77 Page 6
Councilman Gallagher asked if there uou1d be:.a problem in having other qualified
people sitting on the Review Board. He felt there were many qualified people in
the community. Chairman Pope stated if some citizen would like to volunteer,
he would be happy to bring the matter up with the Commission. Mayor de Leon felt
that five members would be better than four members.
Chairman Pope asked for public input. Mrs. Ella Honeycutt noted that
she had prepared a minority report on the farmland. She asked the City to look
into the legal aspects of changing the land density from .2 to .7. She asked
the Commission and Council to make sure they had legal grounds before they went
into their meetings. She said she hated to see the Commission and Council
working at something that may be illegal; she felt there was a question of con-
sistency which must be answered.
Both the Commission and the Council felt that study sessions such as these
are very worth while. Chairman Pope stated he felt all the Commission members
should attend the next City Council meeting as they had an item on the agenda
concerning the function of the Planning Commission.
ADJOURNMENT
There being no further business, Chairman Pope adjourned the meeting at
10:00 P.M.
ATTEST:
Secretary
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