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PC Minutes 2013-06-04ACTION MINUTES ' REGULAR MEETING OF THE PLANNING COMMISSION TUESDAY,.JUNE 4, 2013 COUNCIL CHAMBERS, 215 EAST "BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Chair Ruth called the Regular Planning Commission meeting to order at 6-00 p m. 2. ROLL CALL Planning Commission Commissioners Kristen Barneich, John Keen, Jennifer Martin, Lisa Sperow and Chair Elizabeth Ruth were present. Staff Present: Community Development Director Teresa McClish, Assistant Planner Aileen Nygaard, and Acting Secretary and Planning Intern Rachel Grothe were present. 3. FLAG SALUTE Commissioner Sperow led the Flag Salute. 4. AGENDA REVIEW None 5. COMMUNITY COMMENTS AND SUGGESTIONS ' None 6. WRITTEN COMMUNICATIONS None 7. CONSENT AGENDA 7.a: Consideration of.Approval of Minutes. Action: Commissioner Barneich asked that the minutes from the May 21, 2013 be amended to change wording from "drive aisle" to "access point from adjacent property" on page four under item 9a. She also asked staff to include additional comments that she had made during the discussion of Bob's Car Wash. It was the consensus of the Commission that this matter be continued to the next meeting (June 18, 2013). 8. PUBLIC HEARINGS' 8.a. Consideration of Adoption of a Resolution recommending that the City Council adopt an ordinance amending Section 16.04.070 and 16:44.050 of the City of Arroyo Grande Municipal Code regarding Floodplain Management; Location — Citywide; Applicant — City of Arroyo Grande Community Development Director McClish presented the staff report 'and recommended the Planning Commission adopt a resolution recommending that the City Council adopt an ordinance amending Sections 16.04.070 and 16.44.050 of the City of Arroyo Grande ( "City ") Municipal Code regarding floodplain management. Community Development Director McClish explained the purpose of the amendments was to make minor modifications so that the City!s code reads more similar to FEMA regulations PLANNING COMMISSION PAGE 2- MINUTES JUNE 4, 2013 Commissioner Sperow had questions regarding the date change on page 2 under Section 1, ' specifically the date change from June 26, 2007 to September 19, 1984. She went on to question if this was for,the tracking purposes of the State. She also questioned the underlined statement in Section 3 regarding the completion of structures. There was no time frame specified and she felt the language appeared vague. Community Development Director McClish explained even though the statement doesn't specify timing there is a built -in incentive for property owners to meet,their insurance. requirements. A final question from Commissioner, Sperow was regarding who the Floodplain Administrator was;, a State or City'employee. Community Development Director McClish clarified that it is the City Engineer Chair Ruth opened the public hearing. Hearing no comments, Chair Ruth closed the Public Hearing Action: Commissioner Sperow moved to adopt "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT CITY COUNCIL INTRODUCE AND ADOPT AND ORDINANCE AMENDING SECT IONS 16.04.070 AND 16.44.050 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE REGARDING FLOODPLAIN MANAGEMENT; LOCATION - CITYWIDE; APPLIED FOR BY THE CITY OF ARROYO GRANDE." Commissioner Barneich seconded, and the motion passed on the following roll call vote: AYES: Sperow, Barneich„ Keen, Martin, Ruth NOES: None ABSENT: None 8.b. Consideration of Development Code Amendment Case No. 13 -003 to implement a Mills Act program, approval of a historical preservation award program, authorization for additional historic surveys, and waiver of the application fee for historic designation applications for one year: Assistant Planner Nygaard presented the staff report and recommended the Planning Commission recommend to the City Council: 1) introduce a Mills Act Ordinance (Development Code Amendment Case No. 13 -003); 2) adopt a Resolution implementing the Mills Act program; 3) approve a Resolution for the formation of a Historical Preservation Award program; 4) appropriate and authorize an expenditure of $10,000 from the General Fund unappropriated fund balance for historic surveys; and 5) waive the application fee for historic designation applications for a period of one year. Commissioner Barneich questioned the waiving of the fee for 1 year. She wanted to know if this was in order to�see how the program would fare. She went onto question how the public would become aware of the program and suggested workshops and an educational pamphlet' She went on to question page 4 of the staff report, which discussed the implementation of the ' program and how either a formal or informal approach can be utilized. She felt it was confusing and staff clarified by explaining that the City can either implement what,the State prescribes or PLANNING COMMISSION MINUTES JUNE'A, 2013' PAGE ' meet'the needs of the City. Both would still be covered under the Mills Act. Commissioner Barneich asked about the amount property owners would save on their taxes. Community Development Director McClish explained that the $500 figure mentioned in the staff report is an estimate of the amount the City will lose i'n' property tax for each Mills contract. However -, this amount may ,vary and depends on, the individual worth', of properties. The amount poses little impact to the City and therefore does not represent a big burden Commissioner Sperow questioned the eligibility process. Specifically she wanted to know if there was a contact and if so, how the City would check the upkeep and maintenance of properties. She also questioned what the procedures for neglect were; if a property would lose its designation. A final question posed regarded the removal of the ARC from the process. Community Development Director McClish explained that ARC did not need to be involved as the HRC is responsible for historic properties. City Council approved this as historical properties are within the purview of the HRC. Commissioner Martin asked if properties have to be nationally registered. She also asked about the process of verifying a property's historical designation. Staff answered Commissioner Martin's questions by stating that the property does not have to be nationally registered and that local designation will suffice. In terms of checking historical . status, staff explained that the process is outlined by the City's Historic Context Statement to evaluate and survey properties. Commissioner Keen wanted to know how the taxes are calculated. He expressed concern that one property owner may receive,a bigger'tax cut than another,and worried that some may feel cheated. He also wanted'to know if the properties would only be located within the Village or if they could be Citywide: Staff explained that tax discounts are a set percent and that amounts will vary due to differing property values. Staff went on to state that there could be historic properties outside of the Village and that the;Mills Act is open to.any�qualifying property within City limits. Chair Ruth wanted to know if the act'was initiated by the property owners. She went on to ask if the City can designate properties and force them to comply Another question posed was if the property was bought while under the Mills Act if it would transfer to the new owner. A final question regarded the fees being waived and if it included the historical designation fee. Staff responded that the property_' owner, must initiate to contract their property under the Mills Act. The City has the authbrity'to implement historic standards on building; projects that come in which are within the Historic District or display historic characteristics. Staff clarified that the only fee being waived is the historic designation fee and that all other fees for administrative work will remain in place A fee for the contract application has not been established yet. Chair Ruth opened the public.hearing. Hearing no comments,' Chair Ruth closed the Public Hearing PLANNING COMMISSION MINUTES JUNE 4, 2013 Commissioner toolbox that ca conference in incentive. PAGE 4 Barneich provided the following comments: the Mills Act is another tool in the in be utilized for historical preservation; she attended a historical preservation San Luis Obispo and found that their residents do take advantage of the tax Action: Commissioner Barneich moved to adopt "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVE DEVELOPMENT CODE AMENDMENT CASE, NO 13 -003 AND ADOPT THE MILLS ACT'ORDINANCE, APPROVE A, RESOLUTION =IMPLEMENTING THE MILLS ACT PROGRAM, APPROVE A HISTORICAL PRESERVATION AWARD PROGRAM, AUTHORIZE AN EXPENDITURE OF $10,000 FOR HISTORIC SURVEYS, AND WAIVE THE APPLICATION FEE FOR HISTORIC: DESIGNATION APPLICATIONS FOR ONE YEAR ". Commissioner Sperow;seconded, and the motion passed on the following roll call dote AYES: Barneich, Sperow, Keen, Martin, Ruth NOES: None ABSENT: None 9. NON - PUBLIC HEARING ITEM None This is a notice of administrative decision for minor use permits, including any approvals, denials or referrals by the Community Development Director. An administrative decision must be appealed or called up for review by the Planning Commission by a majority vote. Case No. Applicant Address Description Action Planner TUP 13 -012 Gospel Various Annual cherry sales at the A M. Downing Lighthouse AG Bus Barr ,and;Grand Church Avenue.Rabobank_,;May.20 thru July 31, 2013 PPR 13 -003 Heacock Trailers 1105 El Camino Real Establishmentof a trailer A M Downing sales�office.on El Camino Real DR 13 -008 Keith & Tina 330 Myrtle Drive New residence on Lot 20 of A K. Heffernon Storton the Cherry Creek Subdivision Commissioner Barneich questioned if DR 13 -008 (330 Myrtle Dr.) had gone to ARC. Commissioner Keen answered that he had been present at the ARC meeting and that it had not passed. Community Development Director McClish stated that verification of this was needed and thus this item would have to be continued until the next meeting. 11. COMMISSION COMMUNICATIONS Chair Ruth will be absent from the July 2, 2013 meeting. 12. STAFF COMMUNICATIONS Community Development Director McClish communicated that SLOCOG Is conducting a US 101 mobility study. The 'study hopes to identify locations where safety is of concern. The study is hoping to garner community participation and.Director McClish encouraged, all to look at the website. PLANNING COMMISSION, MINUTES JUNE 4, 2013 PAGE' 5 13. ADJOURNMENT On motion by Commissioner Barneich, seconded by Commissioner Keen and unanimously carried, the meeting adjourned at 6:40 p.m. ATTEST: RACHEL GROT,HE ACTING SECRETARY TO THE PLANNING COMMISSION AS TO CONTENT: L PC Mtg June 18, 2013)