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128 Presentation of Plaque for Distinguished Service Mayor Leipzig presented a Plaque for Distinguished Service to Fred Miller,`former member of the Library Board. Public Hear mg - Appeal of the dem al of the Plam m �g Commission of ' the proposal to amend the General Plan under pro- ceedin number GP 76-05 - Pierre Honda neu, A ellant Property owners of record Richard and Niromt Namba, 1550 Valota Road) Mayor Leipzig declared open at 7 39 the sub�ect public hearing and called attention to the material provided by the Planning Department staff and�the minutes of Planning Commission regarding it. City Clerk Hildebrand reported the Affidavit of Publication of Notice of Hearing and the Aff�davtt of Mailing are on file in her office. Richard E. Gardella attorney representing the appellant, referred to his appeal letter of January 5, 1977 and described the background concerning the proposal to amend the General Plan Mr Gardella suggested that the present use of the property for a greenhouse would not qualify as Open Space under State definitions and that the present use could more properly be considered commercial or industrial Mr. Gardella stated that the present use of the property as a nursery is uneconomical at this time and the equipment is deteriorating and is out of date and that the proposed residential development would be a desirable use of the property Mr Gardella commented concerning whether or not the property can be sa�d to have en�oyed a favorable assessed valuation based on its use and suggested the restrictions ' on the property as presently zoned may be so intense as to be inverse condemnation. Mr. Gardella urged the General Plan be amended to permit low density housing on the sub,7ect property. Discussion followed and Mr. Gardella and Planning Director Schroeter, City Attorney Schricker and City Manager Fales commented and replted to questions concerning whether or not adequate sewage capacity exists to serve the property if housing were permitted to be con- structed, the need to set priorities for the capacity which exists and can be expected to exist in the near future, whether the present destgnation of OS (Open Space) meets State criteria for such desig- nation, the number of acres of greenhouse land in the Ctty and the zoning designations for all of that property, the desirability of including all such lands in any decision to change designations if greenhouse use is no longer economical, other applications involving similar situations, the basis for assessed valuations used by the County Tax Assessor, current legislation which suggests that use of the Open Space designation should be accompanied by an action plan for its use, whether or not it is intended that open space be both public and private property, and whether the Tax Assessor's office may not be engaging in land use planning for the City by the means in which assessed valuations are determined It was pointed out that sanitary sewage capacity in relation to land ' use is among the items expected to be considered by Council at the all-day seminar planned for January 31. -2- Reg.Mtg. ' 1%za/n