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Minutes 1990-04-25 SP .. -.... ---. MINUTES REGULAR ADJOURNED CITY COUNCIL MEETING WEDNESDAY, APRIL 25, 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. Present were Council Members A.K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann smith. Also prsent were Planning Director Doreen Liberto-Blanck, Long Range Planner Sandy Bierdzinski, city Manager Chris Christiansen, city Attorney Judy Skousen and Deputy City Clerk Marylue Shoemaker. Mayor Millis opened the meeting and read a short statement announcing that the bridge had been opened at 5:00 P.M. today. On behalf of the city Council and himself he thanked Paul Karp, Fred Schott and all of the men who worked on the structure. The purpose of the meeting was to deal with the General Plan Update. city Attorney Skousen pointed out to the Council Members, audience and general public that the General Plan does affect the entire city. She also explained that because of a possible conflict of interest, it is important that on each issue the Council Members consider whether or not their principal place of residence is within 300 feet of the property being discussed in that issue, or their property owned for business purposes is within 2500 feet. . ' Council Member Dougall asked if distance was the only problem or if financial circumstances are involved. city Attorney Skousen said that financial implications must be considered. 1. Village Commercial Uses (reference to property located at 138 Short Street, Billie Swigert - Conditional Use Permit 89-466). Mayor Millis opened the hearing to the public. When no one came forward to speak Mayor Millis closed the hearing. After discussion it was moved by smith/Dougall and the motion carried to revise the Village commercial category to allow single historic residential structures. Mayor Millis opened the public hearing regarding Conditional Use Permit 89-466, Billie swigert, 138 Short Street. BILLIE SWIGERT spoke regarding the garage dimensions and affirmed that wood siding would be used. She assured the Council that the windows will not be unsightly and will not be aluminum, modernistic looking windows. She said they will tie into the looks of the place. When no one else came forward to speak Mayor Millis closed the hearing to the public. After discussion it was moved by smith/Dougall (5-0-0, Smith, Dougall, Moots, Olsen and Millis voting aye) to approve Resolution No. 2387 approving Conditional Use Permit Case No. 89-466 for expansion of an existing non-conforming use, adopting a negative declaration and instructing the City Clerk to file a Notice of Determination. It was moved by Smith/Dougall and the motion carried to approve Architectural Review Case No. 89-439. 2. Planning Commission Recommendations on Changes to the Text of the General Plan Document and Existing setting and Community Issues Report and the Land Use Element Map. 1 ~ - CITY COUNCIL APRIL 25, 1990 a. Selection of lower density alternative. Planning Director Doreen Liberto-Blanck explained the lower density alternative to the Council and advised that the planning Commission had adopted 5.0 single family dwelling units per acre. After discussion the Council agreed to the lower density alternative with the modification of 4.5 single family dwelling uni ts per acre. ' It was moved by Moots/Olsen and the motion carried to adopt the lower density alternative with the modification. b. How density is calculated on individual parcels. Planning Director Liberto-Blanck said that the General Plan classification specifies the maximum density allowed per growth acre, including streets and right of way that would revert to the property owner if abandoned. She said that this is just clarifying the language and putting it in the text of the Land Use Element. It was moved by Smith/Dougall and the motion carried to approve Item b. c. Renaming Hillside Residential (1 du/ac) category to Rural Residential. Long Range Planner Sandy Bierdzinski reported that this is basically renaming and the category would not change other than allowing the keeping of animals on one acre lots. It was moved by Dougall/Smith and the motion carried to approve the renaming of Hillside Residential to Rural Residential. d. New residential category - Hillside Residential with a density of 1 du/1.5 acres. Planning director Liberto-Blanck told the Council that the property involved was designated for agriculture but could be divided down to 1.5 acres. The Planning Commission said that it should be Residential Hillside, 1 dwelling unit to 1.5 acres, which is the same as it currently is on the existing General Plan. Because of a possible conflict of interest Mayor Millis stepped down. It was moved by Dougall/Olsen and the motion passed, with Mayor Millis not voting, to approve the New Residential Category. e. Land owned by the Lucia Mar Unified school District was designated for public facility rather than agriculture. Long Range Planner Bierdzinski referred to a map showing a long, narrow piece of land near the Arroyo Grande High School. She said that the land was designated Agriculture and the school was given a PF designation, Public Facility. She said that it made sense to show that sliver of land aS,PF also. It was moved by Moots/Olsen and the motion carried, with Mayor Millis not voting, to change the designation to PF. Mayor Millis returned to the dias. f. Policy requesting the investigation of a Sphere of Influence Study in place of, or in conjunction with the Arroyo Grande Fringe study. 2 --- ~ CITY COUNCIL APRIL 25, 1990 Planning Director Liberto-Blanck said that the Planning commission felt that the City might want to consider a Sphere of Influence Study in conjunction with the Fringe Study, due to some concerns that the City protect that area within its fringe area. After discussion it was moved by smith/Dougall and the motion carried to request a Sphere of Influence study in place of a Fringe Study. g. positive language regarding annexations. Planning Director Liberto-Blank explained that this involves minor wording changes only. It was moved by Smith/Dougall and the motion carried to accept the language changes. h. criteria for determining economic viability of agricultural land (LUE policy 1.2 d. and e.). options to resolve potential misunderstanding: (1) Subsection "d" could be deleted. (2) Subsection "d" could be rewritten Long Range Planner Bierdzinski said that subsection "d" could be deleted and the policy would continue to restrict land use within commercially viable agricultural areas. She said that subsection "d" could be rewritten and the wording for that would be, "Development and 'other city approval requests which propose to convert prime agricultural lands to another use shall be accompanied by an analysis of the long term economic viability of agriculture on the lands proposed for conversion." After discussion and questions of staff it was moved by Moots/Smith and the motion carried to approve the rewriting. i. Senior housing uses in multifamily, public facility, and commercial categories. Long Range Planner Bierdzinski said that the Planning commission is recommending that the senior housing category include several different types of senior uses, including independent living uses such as apartments. It would also include retirement care, conv~lescent care and residential care facilities. She said . that the density assigned to this category is 11 dwelling units per acre for the apartments unless at least 25% of the total units are reserved for low and moderate income residents. The density for the other type of uses would be 25 dwelling units per acre. She said that these are maximum densities and do not necessarily have to be approved. After discussion it was moved by Moots/Dougall and the motion carried to approve the Planning Commission's recommendation. j. Alder House and McMullen's Senior Care facilities designated for Senior Housing. It was moved by smith/Dougall and after discussion, the motion carried to approve item J. k. policy regarding Planned unit Developments (PUD) Planning Director Liberto-Blanck explained that the Planning commission wanted to put something into the General Plan that would permit Planned unit Development. She said that there was the optional Design Standard before. 3 ~ CITY COUNCIL APRIL 25, 1990 It was moved by Moots/Dougall and the motion carried to approve the Policy. l. Revisions to the Housing Element in accordance with the Department of Housing and community Development's letter. I Long Range Planner Bierdzinski referred to a letter from the Department of Housing and Community Development in which they requested information regarding the proposed' land use element update, a breakdown of land use categories and the second unit ordinance. She said the letter indicates that the analysis of the city's policies may be too restrictive. Council Member Dougall asked if these are requirements. Ms. Bierdzinski replied that they are just suggestions and after the revision the Housing Element will be submitted to HCD. After discussion is was moved by smith/Dougall and the motion carried to approve Revisions to the Housing Element, item l. m. Removal of Highway Tourist category and absorption of uses into General Commercial category. Planning Director Liberto-Blanck told the council that the Planning commission realized that there was a very small area in the city left for designation as Highway Tourist category and suggested the using the umbrella of General Commercial until zoned for particular uses. It was moved by Smith/Dougall and the motion carried to approve the Removal of Highway Tourist category and absorption of uses into General commercial category. , n. Area near the intersection of poplar and Juniper Streets designated for Condominium/Townhouse (MF - 9 du/ac) rather than single Family. Planning Director Liberto-Blanck reported.that because of so many letters and verbal comments the Planning commission felt that it would be better if the area was designated condominium/Townhouse. BURT JOHNSON, representing Kawaoka Farms spoke against the plan saying that there is no compatibility between condominiums/apartments and 4.5 units to the acre or large lot residential. After discussion it was moved by Moots/Dougall and the motion carried to approve the designation as Condominium/Townhouse. o. Portion of a parcel near El Camino Real changed from Industrial to condominium/Townhouse (MF - 9 du/ac). Long Range Planner Bierdzinski showed the parcel on the map and said that the owner had requested that it be shown as Condominium/Townhouse category since the existing zoning is R-2. She said that the Planning Commission had drawn a line to reflect the existing boundary between the industrial category and the multiple family category. After discussion it was moved by Smith/Moots and the motion carried to approve the change. p. Area at the corner of Brisco Road and Grand Avenue designated for General Commercial rather than Office Professional. 4 - ~ ~ CITY COUNCIL APRIL 25, 1990 Planning Director Liberto-Blanck said that a portion of the corner is designated for commercial and another for industrial. She said that the consultant felt it would be more appropriate for general commercial and the property owner has agreed to that. It was moved by Moots/Dougall and the motion carried to approve Staff recommendation on item P. q. six parcels on the east side of Alder Street south of Alder House designated for Condominium/Townhouse (MF - 9 du/ac) rather than Single Family. Planning Director Liberto-Blanck reported that the Planning Commission recommended that the designation be changed to Condominium/Townhouse. After discussion it was moved by DougalljMoots (2-3-0, Council Members Dougall and Moots voting aye and Council Members Smith, Olsen and Mayor Millis voting no) and the motion failed to change the designation. After additional discussion it was moved by smith/Olsen and the motion carried to deny the designation of Condominium/Townhouse. r. Mr. Carlson's property (surrounded by the Rancho Grande development) designated for Rural Residential (1 du/ac) rather than Agriculture. . . planning Director Liberto-Blanck explained that the property is a two acre island within the Rancho Grande development and that the property is not suitable for agriculture. She said that the owner would like a higher density designation also. It was moved by Moots/Smith and the motion carried to designate Mr. Carlson's property Rural Residential. s. Boundaries of the Village Commercial area extended south of Arroyo Grande Creek to include the area along Bridge Street and Nelson street. Planning Director Liberto-Blanck told the Council that the Planning Commission had recommended that the area be extended . because the Union property in that area is dissected with a portion of it General Commercial and another portion Village Commercial. EARL PATTON spoke against the issue saying that he wants his property to remain residential so he can build a home for his mother. After discussion it was moved by Dougall/Moots and the motion carried to extend the Village Commercial area but excluding Mr. Patton's property. t. Methodist Campground designated for Public Facility rather than Planned Development. Long Range Planner Bierdzinski said that the recommendation is that the property be designated for Public Facility and that category would allow camp grounds. ' It was moved by Olsen/Smith and the motion carried to approve Staff recommendation. 5 " CITY COUNCIL APRIL 25, 1990 u. Area west of Tally Ho Creek originally proposed for Residential Estate designated for either Rural Residential (1 du/ac) or Hillside Residential (1 du/L 5 ac). Long Range Planner Bierdzinski referred to a map of the property and said that several of the ,property owners protested the designation of Residential Estate. She said that the Planning Commission directed staff to come back with designations that were more in keeping with the actual densities. Council Member Olsen left the room because of a possible conflict of interest. It was moved by Dougall/smith and the motion carried, with Council Member Olsen not voting to approve the designation of Rural Residential and Hillside Residential. council Member Olsen returned to the dias. v. Property at l20 Corbett Canyon Road (next to Arroyo Grande Hall Association building) designated for Single Family (5 du/ac) rather than Public Facilities. It was moved by smith/Dougall and the motion carried to approve the designation as Single Family. w. Southeast corner of East Cherry and Traffic Way designated for General Commercial rather than Agriculture. Long Range Planner Bierdzinski said that the property was originally zoned as Agriculture and the request was to zone it as Commercial. She said that there are two parcels involved and that there would be two different zones on one parcel, General Commercial and Agricultural. It was moved by smithjMoots and the motion carried to designate the property General Commercial. x. 536 East Cherry designated for Single Family (5 du/ac) rather than Agriculture. City Manager Christiansen advised that the property is just under 1/2 acre. Planning Director Liberto-Blanck said that the Planning commission looked at it and said that it is not viable for agriculture. After discussion it was moved by Dougall/Olsen and the motion carried to accept staff recommendation on item x. y. Area between Myrtle and East cherry Avenues designated for Rural Residential (1 dU/l.5 ac). rather than Agriculture. MRS. ALBERT STILWELL, of 734 Myrtle Street, said she owns a lot between the creek and Myrtle Street. She asked that the property be designated Single Family. Planning Director Liberto-Blanck said that the Planning Commission recommended that the entire area be designated Rural Residential. City Attorney Judy Skousen said, that it could be conditionally zoned single family, with the condition that only 2 dwelling units are allowed. After discussion it was moved by Olsen/Dougall and the motion carried to approve the Rural Residential designation with conditions. 6 -.. - ,--- .-- CITY COUNCIL APRIL 25, 1990 z. Property near pearwood and Oak Hill Road designated for Hillside Residential (1 du/l.5 ac) rather than Residential Suburban (2.5 du/ac). Planning Director Liberto-Blanck said that originally the consultants proposed 2.5 dwelling units per acre to reflect the surrounding density but the Planning Commission was concerned about the topography of the area and is recommending Hillside Residential. After discussion it was moved by Olsen/Dougall and the motion carried to approve the designation of Hillside Residential. aa. Policy regarding transfer of development rights on non- prime agricultural land. Planning Director Liberto-Blanck explained the transfer policy. She said that if there is a piece of non-prime agricultural land that an owner wants to develop and is concerned about the water, the city would require that they purchase development rights of an equal or greater amount of prime agricultural land some place else or adjacent to the city and then they could use that water. After questions of staff and discussion it was moved by Dougall/Olsen and the motion carried to have staff rewrite the policy so that it is clearer. . . bb. Planning Commission responses to letters 1 - 76, and verbal comments A - MMM. Indicate if there is any disagreement with recommendations. Planning Director Liberto-Blanck recommended that the letters and Items 3 and 4 be taken last because there will be discussion of the letters. Mayor Millis asked the Council if they wished to break until another time or continue. After discussion the Council said they would continue after a short recess. Council Member smith suggested that the council hear the letters from the people still remaining in the audience. Planning Director Liberto-Blanck said that the first letter would be letter #89 from HOLLY ZIEGLER. Ms. Ziegler said that the letter was a request to be able to maintain and improve the property at 1110 Sunset Drive, which is non-conforming, and to rebuild in case of a disaster. She said that she is not asking for anything other than that which is already existing. City Attorney Skousen advised that this could come under Conditional Zoning, and the conditions would be such that only those existing residences could be rebuilt. After discussion it was moved by smithjMoots and the motion carried to approve Ms. Zieglers request. Planning Director Liberto-Blanck said that the next two letters, 93a and 93b, are from Carl's Jr. PAUL MITCHELL, representing Carl's Jr. reported on studies of emissions from cars and said that idling cars emit less than a vehicle which is turned off and then restarted. He suggested that the city do a study to verify this. 7 ~ CITY COUNCIL APRIL 25, 1990 Planning Director Liberto-Blanck said that she had talked with the Air Pollution Control Board and they indicated that drive- through restaurants attract 3 to 5 times more vehicles and that is where the concerns are for the air quality. She said they indicated that they would be happy to talk to the Council. , After discussion the Council.decided to continue the item to a future date. JOHN ROBERTSON, letter #76, said that he would like to have senior housing on his property at Spruce and Ash streets. . Planning Director Liberto-Blanck said that currently he has medium-high density and the new general plan is proposing 9 dwelling units per acre and this would permit senior housing. Mr. Robertson said that he was hoping for 11 dwelling units per acre. After discussion it was moved by smith/Olsen and the motion carried to accept staff's recommendation of 9 dwelling units per acre. 5. Industrial category rewording. Planning Director Liberto-Blanck referred to the April 24, 1990 staff report and said that the wording should take care of the concerns the Council had at the last meeting regarding existing industrial uses. It was moved by smith/Dougall and the motion carried to approve the rewording described by the Planning Director. 6. Strawberry fields off of Grand Avenue and Oak Park. Planning Director Liberto-Blanck referred to numerous letters received regarding the strawberry fields and said that property owners would like to see a designation other than agriculture. She said that the Planning Commission would like to see it remain in agriculture. BURT JOHNSON, referred to a zoning map and said that everything surrounding the property is either an R-2, R-1, or R-3 zone with the exception of the commercial property which is on Grand Ave. He said that in order to be consistent the zoning should be residential. He also questioned a specific plan as opposed to the general plan. Planning Director Liberto-Blanck said that a specific plan is clearly described in the government code and is a tool to implement the general plan. She said that general plan designations are provided and when you want to develop it you come in with a specific plan showing where the roads are going and exactly where the housing units are going. She said it is a well planned community, financing must be shown, and even the architecture. Mayor Millis said that the Council has to look at all four parcels and that somehow the property owners have to cooperate because of interior streets which will affect one another, drainage issues and all sort of reasons. 8 2 4~4- CITY COUNCIL , I APRIL 25, 1990 After additional discussion it was moved by Olsen/Smith and the motion carried to accept the staff's recommendation of commercial, single family and rural residential designations with a specific plan. Mayor Millis suggested that the meeting be adjourned to another time. It was moved by Olsen/Smith and the motion carried to adjourn to Monday, April 30, 1990 at 7:30 P.M. i , ~ ~M'MAilJM j AT'l'E'T~/_- ~ w-?- i YLUE OEMAKER, PUTY CITY CLERK .:.....J i i ....J i , t'l ! I i ! 9 ______n__. _ ________".._.__......____._ .. _._ __ _._ ___,._ ._~_.._"._._~___~_.__~____.__ _____"._____..._.... .__ ..____________ ___ ___.._ _ ___