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Minutes 1990-04-30 - ~ - MINUTES MEETING OF THE CITY COUNCIL MONDAY, APRIL 30, 1990 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met at 7:30 P.M., with Mayor Mark M. Millis presiding. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. Staff Members present were city Manager Chris Christiansen, city Attorney Judy Skousen, City Clerk Nancy Davis, Planning Director Doreen Liberto- Blanck and Long Range Planner Sandy Bierdzinski. 1. REVISION TO OPEN SPACE AND CONSERVATION ELEMENT POLICY 1.4B Ms. Liberto-Blanck opened the meeting with an explanation of a proposed revision of the Open Space and conservation Element, Policy 1.4b on agricultural water rights credit. There were questions and comments from the council. Ms. Skousen said this policy would not cover the transfer of development rights, but there would be a retirement of development rights. She said that because the water shortage is so critical now, the Council may wish to adopt a policy which would require the developer to pay a high price to get water rights to develop his property, by retiring water rights on agricultural land. There were Council objections to the proposed policy, and Mayor Millis said the Council had never considered the 'issue of water in connection with the transfer of development rights. After further discussion, Ms. Skousen asked the Council if it wishes to take any credit, under any circumstances, for agriculture water. There was council consensus that the policy be deleted from the Open Space and Conservation Element. 2. PLANNING COMMISSION RESPONSES TO LETTERS 1 TO 76 AND VERBAL COMMENTS A TO MMM Mayor Millis opened the meeting to the floor. RONALD SMITH of 325 Alder Street requested that the Council allow his property keep its present multiple zoning designation, rather than downzoning it to single family residential. Council Members Smith and Olsen said they objected to the multiple zoning designation because of increased traffic and 'additional parking needed. Other Council Members spoke in favor of reconsidering action taken at the April 25, 1990 council Meeting designating the property as single family residential. JIM MCGILLIS of San Luis Engineering suggested a "conditional zoning" designation, where the density of the property could be six or seven units. RON STOB, owner of Alder House, said the number of trees on the parcel adjacent to his property would limit the number of units which could be built. After further discussion, it was moved by Dougall/Moots (3-2- 0, Dougall, Moots and Millis voting aye, Olsen and Smith voting no) to reconsider the action taken at the April 25, 1990 meeting, and designate the smith property as Multiple Family (condominium\townhouse). COKER ELLSWORTH of 129 Bridge Street gave a history of his purchase and subsequent zoning designation of his property at cherry Avenue and Branch Mill Road. He requested that his land be designated in the General Plan Update as single family residential. 1 .,.-..... ~ CITY COUNCIL MINUTES APRIL 30, 1990 Ms. Skousen said that development of the land, with a condition covering drainage, was approved by the city. She said that the condition on drainage is now the basis for court action brought by Mr. Ellsworth. , Council Member Olsen said the land in question is prime farm land. Ms. Liberto-Blanck said that Mr. Ellsworth currently has an application on file for a General Plan change. It was moved by Olsen/Moots to accept the Planning Commission recommendation to leave the land in agriculture as currently designated in the General Plan. Ms. Skousen said this action would cover all letters and verbal comments submitted concerning this property. She said he can proceed with the development that has been approved by the Council if he meets the conditions or if he wins the law suit. The motion passed with Council Member Dougall dissenting. Ms. Liberto-Blanck requested Council action on Agenda Item No. 2 letters and verbal comments. It was moved by Dougall/Moots, and the motion passed, to accept the recommendations of the Planning Commission on Letters 1 through 76 and Verbal Comments A through MMM, unless otherwise modified by previous Council action. 3. LETTERS 77 - 94 (NOT REVIEWED BY THE PLANNING COMMISSION} AND LETTERS RECEIVED SINCE 4/25/90 ' , Letter No. 77 (1385 Brighton) - It was moved by Dougall/Moots, and the motion passed, to accept Staff recommendation that the site remain designated as single family. Letter 78 (404 and 320 Branch Street) - It was moved by Smith/Moots, and the motion passed, to approve Staff recommendation that this site be designated as Village Commercial. Letter 79 (1131 E1 Camino Real) - It was moved by Dougall/Olsen, and the motion passed, to follow the wording adopted by the City Council at the meeting of April 25, 1990 in the Industrial category of the General Plan. ' Letter 80 (1405 Grand Avenue) - It was moved by Smith/Dougall, and the motion passed to approve Staff recommendation of General Commercial. Letter 81 (Fair Oaks and Arroyo Grande Creek) - It was moved by smith/Moots, and the motion passed, to approve Staff recommendation and designate the land as Agriculture. Letter 82 (Ash Street/Oak Park Boulevard) - It was moved by Smith/Moots, and the motion passed, to accept Staff recommendation and follow Council action at the April 25, 1990 meeting to designate a portion of the land as General Commercial and the remainder as residential (rural residential and single family residential) with the requirement of a Specific Plan for the entire area. Council Member Moots requested that Staff make sure when drawing the boundary for commercial that it will be the same length as the adjacent commercial areas on Grand Avenue. Letters 83A and 83B (Branch Mill Road and Cherry Avenue) - Council and took action on this matter earlier in the meeting. Letter 84 (pearwood Avenue) - It was moved by Dougall/Olsen, and the motion passed, to follow Planning Commission recommendation and the April 25, 1990 action of the Council. Letter 85 (Lemon Property on pearwood Avenue) - No action was needed except to enter the matter into the record. 2 ~ - CITY COUNCIL MINUTES APRIL 30, 1990 Letter 86 (1173 Fair Oaks Avenue) - W. VON BISKUPSKY, owner of the property, requested that the Council allow condominium conversion. It was moved by Olsen/Moots, and the motion passed, to approve Staff recommendation to accept Housing Element program 13.1 as proposed, which requires development of a condominium conversion ordinance in order to preserve affordable rental housing opportunities. Letter 87 (1200 Grand Avenue) - It was moved by Dougall/Smith, and the motion passed, to accept the council's previous recommendation of General Commercial. Letter 88 (424 and 430 Traffic Way) - It was moved by SmithjMoots, and the motion passed, to accept the General Commercial designation for the property. Letter 89 (1110 Sunset) - It was moved by Dougall/Smith, and the motion passed, to accept the Council's previous recommendation of Conditional Zoning. The property is to be designated on the map as apartments and the wording for the policy is, "The property at 1110 Sunset Drive will be conditionally zoned to allow the continued multiple family (apartment) use existing on the site. The specific conditions will be established in the zoning ordinance." Letter 90 (571 ~outh Traffic Way) - REYNOLDS RITCHIE, owner of the property, requested a single family desigation on his property. 'Ms. Bierdzinski said Staff's recommendation was that if the Council changes any zoning designation in the area that it only change the area designated R-1 to a higher density. After Council discussion, it was moved by Smith/Dougall, and the motion passed, to approve Staff recommendation to show the area for Single Family single family designation. Letter 91 (935 and 943 Dodson Way) - BARBARA SIMPSON of Realty World of the South County requested that the Council designate the land as residential. After discussion, it was moved by DougalljMoots, and the motion passed, to designate the land as single family residential. THE COUNCIL RECESSED FROM 9:15 TO 9:25 P.M. Letter 92 (200 Nelson Street) - It was moved by Moots/Dougall, and the motion passed, to accept the Staff recommendation of Village Commercial for the property. Letters 93A and 93B (Carl's Jr. Restaurant letter concerning the Open Space and Conservation Element Policy No. 7.1c) - PAUL MITCHELL of Anaheim, a representative of Carl's Jr., replied to an April 30, 1990 letter from the County Air Pollution Control District, which stated that drive-thru facilities have higher emissions because of a greater trip attraction rate. Mr. Mitchell said less contaminants are put into the air by cars which are idling. GENE SNYDER, also of Carl's 'Jr., said that drive-thru restaurants are needed by handicapped people, the elderly and mothers with children in the car. He said Carl's Jr. will be testing a program which would allow the driver to spend less than 60 seconds at the drive-up window. There was Cquncil discussion, and it was moved by smith/Olsen, and the motion passed, to delete the policy prohibiting drive-thru restaurants, except in the Village area of the city. Letter 94 (1595 Grand Avenue) - It was moved by Dougall/Smith, and the motion passed, to acknowledge the Council's previous action on this property designation as part general commercial and part 3 ~ ' , ~~ CITY COUNCIL MINUTES APRIL 30, 1990 rural residential with the requirement of a specific plan. Letter 95 (Cherry Avenue/Branch Mill Road) - Ms. Skousen said Mr. Ellsworth has taken advantage of every opportunity to present his opposition to the General Plan, and may file an amendment to the General Plan at any time. It was moved by DougalljMoots, and the motion passed, to acknowledge the Council's previous action on this property designation as agriculture. Letter 96 (Alder House) - Mr. Stob said he wanted to be sure the words in the General Plan Update following the SR land use category, "if'low/moderate income housing provided, otherwise 11.0 dulac," refers to independent living units, such as apartments or studios and not a senior housing facility such as Alder House. It was moved by Moots/Dougall, and the motion passed, to receive the April 26, 1990 letter from Mr. stob. 4. VERBAL COMMENTS NNN - NNNN MADE AT 4/9/90 CITY COUNCIL HEARING It was moved by Dougall/Olsen, and the motion passed, to accept Staff's recommendations on verbal comments NNN through NNNN and the Council's previous decisions made on them. 5. TEAK MEDICAL OFFICES. 354 S. HALCYON ROAD It was moved by Dougall/Smith, and the motion passed, to approve the Office Category for the property at 354 S. Halcyon Road. 6. CLARIFICATION REOUESTED ON ALDER HOUSE PROPERTY DENSITY Ms. Liberto-Blanck said this matter was covered by Letter No. 96. 7. PROPERTY AT THE SOUTH END OF THE CITY OF ARROYO GRANDE Council Member Smith asked about the General Plan designation for the property in the south of the city. Ms. Liberto-Blanck said the Planning commission has discussed this and designated the area as single family. 8. TABLE 1. MONTHLY AFFORDABLE HOUSING PAYMENT It was moved by Smith/Dougall, and the 'motion passed, to replace Table 1 , the Housing Element with a revised Table l.n including recent income figures provided by the Federal Housing and Urban Development Department. Mayor Millis suggested that the City may have more low income homes as a result of its Mobilehome Rent stabilization Ordinance. Ms. Skousen said that is a good idea, and a statement to that effect should be put into the Housing Element. The Mayor's suggestion was made part of the motion. 9. LAND USE MAP TO INCLUDE OKUI APPROVAL (P.D. ORDINANCE NO. 420} It was moved by Moots/Dougall, and the motion passed, to indicate on the Land Use map the okui approval (P.D. Ordinance No. 420) in order to be consistent with the other approved Planned Developments. to. LAND USE MAP LEGEND TO READ "PLANNED DEVELOPMENT/SPECIFIC PLAN" It was moved by smith/Olsen, and the motion passed, to change the legend on the Land Use Map from "Planned Development PD" to "Planned Development/Specific Plan," ,and to add to the bottom of the legend: "*See related policy in Land Use Element text," and mark those properties which require a specific plan with an asterisk(*). Ms. Liberto-Blanck requested that the Council continue the General Plan discussion to the meeting of May 22, 1990; instruct Staff to return with findings and corrections to the General Plan, and formally adopt all Resolutions at that meeting. It was moved by smi thjMoots, and the motion passed, to approve the Planning Director's recommendation. 4 - 249 ~ CITY COUNCIL MINUTES APRIL 30, 1990 Council Member smith commended the Planning staff and the Planning Commission on the hard work and good job done on the General Plan Update. She recommended that each Planning Commissioner receive a letter of thanks. Mayor Millis said he agreed that both Staff and the commission should be thanked. Mr. McGillis asked if the R-3 Moratorium would be lifted now that the General Plan will be approved on May 22, 1990. There was Staff and Council discussion. The City Attorney said in other areas where there is consistency between the old zoning and the new general plan, it may be possible for the City to allow development if there are categories that fit. She said there may be quite a few, and each project will have to be looked at individually. The '-' Planning Director was directed to return May 22, 1990 with a map showing where conflicts could exist. BUDGET MEETING SET Council Members set a meeting on the city's 1990/1991 Budget at 7:30 P.M. Monday, May 14, 1990, in Council Chambers, 215 East Branch Street, Arroyo Grande. ADJOURNMENT It was moved by Dougall/Millis, and the motion passed, to adjourn the meeting at 9:59 P.M. ~ ~. . '~ Adfk M. MILLIS, M}('YOR ATTEST: '1~ tl.~ NANCY A. VIS, CITY CLERK " 5 ---~._-- --- ---------------