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PC Minutes 1972-10-03The Arroyo Grande Planning Commission met in regular session with Chairman Nunes presiding. Present are Commissioners Berryhili, Gullickson, Jones, Pope and St. Denis. Commissioner Porter is absent. Also in attendance are Administrator Butch and Panning Director Gallop. MINUTE APPROVAL On motion by Commissioner Berryhill, seconded by Commissioner Jones, and unanimously carried, the minutes of the regular meeting of September 19, 1972 were approved as prepared. PROPERTY AT BRANCH rig Commission COMMISSIONER PORTER ENTERED THE MEETING INFORMATION m GERTIFIED FREIGHT LINES RE AND WESLEY AVENUE UEST ° REVERSION TO ACREAGE - C.F.L. Director Gallop advised for informational purposes only at this tame, that there is a procedure set out by legislature whereby any piece of property that has been subdivided may be reverted to acreage by acceptance and record- ation of a parcel map. He described the property in question as the parcel at West Branch Street and Wesley Avenue with an abandoned street, reversion from the Highway Department by dedication; resulting in an awkward legal description for the owners. They are asking that this be reverted to a single description or ownership, which would be by book and page. The law states that in recording the map, any existing right -of -way or easement which is not noted on the recorded map Is automatically lost by recordation. Any new easement or existing easement on the map is established. He pointed out that there are a number of utility services involved, and when the map is recorded, the easement for the utilities will be protected. Director Gallop advised that before this matter came up for public hearing, he wanted the Commission to be aware of the procedure; the matter has been to the Lot Split Committee, unofficially, for review, and they have recommended that the map be accepted and recorded. He advised that two legal advertisements and a public hearing are required, and then the matter will be referred to the City Council for acceptance. He further advised that this appears to be a good way to eradicate problems in descriptions by recording a map, and that it may be we will use this procedure in the future because it could be advartageoes both to the City and the property owners. Director Gallop advised that in this particular case, there are a number of recorded surveys, therefore, the map can be prepared and a ground survey will not be necessary; a parcel map can be recorded from known recorded data. ENVIRONMENTAL IMPACT REPORT Director Gallop stated that there has been quite a bit of mis= information floating around concerning recent Supreme Court Decision, with particular reference to the legislation which requires a Conservation Element of the General Plan be adopted prior to Jrne 30, 1973. The State Supreme Court decision has pretty much left things up in the air, in that apparently it affects almost every action of the city, temporarily at least, in reference to building and planning until such time as an Environmental Report has been prepared. Director Gallop recommended that, unless it is critical, after the two public hearings tonight, a decision be held for two weeks until we get more guidance on what the action will mean on rezoning cases, variances, use permits, etc. PUBLIC HEARING G REZONING CASE NO, 72-62• BLOCK. 13 OF WESTERN ADDITION. R =1 DISTRICT TO H-S DISTRICT POLIN Director Gallop advised the petition filed by Mr. Polin involves all of Block 13 of Western Addition. The property has frontage on Frontage Road, Bennett Avenue and Bell Street. He pointed out that when the Planning Commission worked on the Zoning Map three or four years ago, this particular property was recommended to be Commercial, however, at that time, Mr. Polin thought a higher and better use would be Rol, Commissioner Pope inquired if everything on the Frontage Road is already zoned H -S District except this one piece of property. Director Gallop advised that is correct, and further advised that at the present time the property is undeveloped except for one fairly new house and one quite old residence. 449 450 Arroyo Grande Planning Commission, 10 ®3 =72 Page 2 Upon being assured by Director Gallop that Public Hcariog for Rezoning Case No. 72-62 had been duly published, posted and property owners notified, Chairman Nunes declared the hearing open. Mr. Martin Pol in,. 1026 Chorro Street, San Luigi Obispo, stated he is the petitioner for the rezoning and that he has owned the property for about 14 years, which consists of about 1'. acres. He stated that when the Planning Commission recommended the H -S zoning about for year ago, at that time he felt this zoning was premature and argued against it, however, now he feels it would have been better if it had been rezoned H =S at that time. With regard to the Supreme Court Decision, Mr. Polin stated he didn't feel this 14 acres would have a substantial effect on the environment and urged that it be rezoned. He indicated that a two weeks delay in the rezoning decision could impose a hardship on him. No further discussion for or against the proposed rezoning, Chairman Nunes declared the hearing closed, and the following action was taken. TO RmG DISTRICT RESOLUTION NO. 72 68 Z RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING AN AMENDMENT TO THE MUNICIPAL CODE OF THE. CITY OF ARROYO GRANDE AS PROVIDED BY CHAPTER 4, ARTICLE 21, OF SAID CODE. On motion of Commissioner Pope, seconded by Commissioner St. Denis, and on the following roll call vote, to wit: AYES: Commissioners Berryhill, Gullickson, Jones, Pope, Porter, St. Denis and Chairman Nunes NOES: None ABSENT: None the foregoing Resolution was adopted this 3rd day of October, 1972. PUBLIC HEARING m REZONING CASE NO, 72-63 FAIR OAKS AVENUE RA'B3 DISTRICT MIYAKE, SAWADA AND MIYAKE Director Gallop advised the request is to rezone property to R =G Garden Apartment Development, and the application states development will be condominiums, and that if the RmG Zoning is approved, he has recommended that the "D" Override be considered, noting the maximum density and use being approved. He advised there are about 20 acres involved, which would mean somewhere in the neighborhood of 100 units, or about the same density as R =1 would permit. Director Gallop read a letter addressed to the Planning Commission signed by 25 individuals living on Woodland Drive, and one resident on Olive Street, stating their opposition to the rezoning. Director Gallop advised that a condominium is, in effect, a.single residential development, in that each unit is owned separately. Upon being assured by Director Gallop that public hearing for Rezoning Case No. 72-63 had been duly published, posted and property owners notified, Chairman Nunes declared the hearing open. Mr. Aioke, 19851 Bushard, Huntington Beach, representing Mr. Miyake, was present and spoke in favor of the zone change. Mr. Aioke explained that condominiums and landscaped areas are maintained constantly; this is a mandatory requirement in the Condominium Association, and the homeowners pay dues into this Association for this purpose. Mr. Ak ke presented a proposed layout of the development and elevations, explaining they were subject to change. He stated they would like the development to be an asset, not only to themselves, but to the City as well as the people living in the development. He stated as far as density, they will have to abide by whatever density the Commission establishes. He further stated he believed the development would compliment the R ©1 development across the creek rather than degrade it. Arroyo Grande Planning Commission, 10 -3 =72 Page 3 Director Gallop pointed out that the final development plans are still subject to final action and at this point we are only talking about land use. Mr. John Gisclon, 42l Woodland Drive, was present and presented e copy of the letter read by Director Gallop, commenting that there are now 29 signatures instead of 25. Mr. Gisclon inquired about the flexibility of the Land Use Plan. Director Gallop advised it is subject to reconsideration within the next six weeks to two months. The plan was adopted about five years ago and has not been amended since that time.. He advised the General Plan is subject to review every year and reconsideration every five years to be updated in light of new development within the City. As the City develops, the developed areas must be reconsidered. He further stated that when the plan was approved five years ago, Fair Oaks Avenue did not go through; now that the street does go through, it changes the entire character of the area. Mr. Bruce Adams, 451 Woodland Drive; Dick Gratham, 505 Woodland Drive; JuilTana Marquis, 411 Woodland Drive; Bernie Marquis, 411 Woodland Drive; Thelma Liebzeit, 41:0 Woodland Drive; Betty Gratham, 505 Woodland Drive; Stephen Liebzeit, 4l0 Woodland Drive; Sal Machado, 461 Woodland Drive; were present and voiced their objections to the rezoning, as pointed out in the letter to the Commission. Mr. Glen Cherry was present and stated he is a developer; he has seen this type of development and, in his opinion, it is beautiful, and does not bring in quite as many people as an R -1 development, and does not have as much impact on the schools as R -1. Mr. Aioko commented that he is a farmer and not a developer, however, taxes keep going up and they are losing money on the walnuts; they either have to sell the'property or build on it. There being no further discussion for or against the proposed zone change, Chairman Nunes declared the hearing closed. Commissioner Berryhill pointed out that the density, design of the buildings, concern about the trees, and treatment of the creek seems to be the primary concern of everybody, and questioned if the density problem were resolved, and the design was such that it would not be objectionable, if the trees were preserved, and if the creek was preserved, and there would be no more traffic than R-1, if this type of development would still be objection- able? Director Gallop pointed out the major difference between the R -1 and R-G Districts, and advised that the City has no control over architectural design in the Rm1 District. He further pointed out that the "D" Override should be a part of the ordinance by the time this case reaches the City Council and, if not, he would recommend holding the matter up until it is. After considerable discussion by the Commission regarding more detailed plans and the question of density, Mr. Aioke was asked if he could come batik in two weeks and come up with more information as to the minimum density factor that would make the development economically feasible for them. Mr. Aioke agreed to this request. On motion by Commissioner Porter, seconded by Commissioner Pope, and unanimously carried, the matter was carried over to the next Planing Commission meeting of October 17, 1972. ADJOURNMENT There being no further business, before the Commissi ©n, Cha Nunes declared the meeting adjourned at 9 :20 P.M. ATTEST: 451