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PC Minutes 2009-09-151 1 CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Ray presiding; also present were Commissioners, Barneich, Brown, Keen, and Ruth. Staff member in attendance were Planning Manager Jim Bergman. ANNOUNCEMENTS: None AGENDA REVIEW: None APPROVAL OF MINUTES: Commissioner Brown made a motion, seconded by Commissioner Barneich to approve the minutes of July 21, 2009, as presented, upon the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MINUTES PLANNING COMMISSION SEPTEMBER 15, 2009 6:00 P.M. Commissioner Brown made a motion, seconded by Commissioner Ruth to approve the minutes of September 1, 2009, with the following modifications: • Page 3, first paragraph, should read "The issues and concerns raised include: the residents did their homework as requested by the Planning Commission and the Commission ignored past residents comments and concerns that were presented at the previous public hearings regarding the General Plan Amendment, redwood tree, water, development not consistent with the adjacent referendums, Coastal Plan, and past Council Member comments, the citizens that were against development in the past were against development in the adjacent area, and there are vacant homes for sale in the same area of the proposed project." • Page 5, fourth paragraph, last sentence should read "She said she was told by knowledgeable people that impacts to prime soils should be considered for CEQA even though a property is zoned commercial." AYES: NOES: ABSTAIN: ABSENT: Commissioner Barneich, Brown, Ruth and Chair Ray None Commissioner Keen None Commissioner Barneich, Brown, Ruth and Chair Ray None Commissioner Keen None A. ORAL COMMUNICATIONS: None B. WRITTEN COMMUNICATIONS AFTER AGENDA PREPARATION: PLANNING COMMISSION MINUTES SEPTEMBER 15, 2009 PAGE 2 The following was received after agenda preparation: a letter dated and received on September 15, 2009 from Shirley Gibson, HRC Member, regarding III.B. changes to historic resources criteria. II. PUBLIC HEARING ITEMS: None III. NON - PUBLIC HEARING ITEMS: A. LOT LINE ADJUSTMENT CASE NO. 09 -003, APPLICANT — DORFMAN HOMES INC. — TRAFFIC WAY /EAST CHERRY Commissioner Brown stepped down from the dais due to a conflict on this item. Planning Manager Jim Bergman presented the staff report to consider a proposal to reconfigure four (4) existing lots, which would create three lots zoned as Traffic Way Mixed Use and one parcel zoned as Agriculture. Staff is recommending approval of the Lot Line Adjustment. Commission questions /comments of staff included to split Tots with the buffer so lot is more useful; referred to number 7. in the staff report regarding creating a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.110 of this title; can the buffer be imposed on residential and commercial property; will a nonconforming lot be created; and is Lot C residential. In response to Commissioners questions, Mr. Bergman said you could make three skinny Tots so all lots would have a buffer on it; read Section 16.12.170(e) (4) of the Municipal Code regarding the permitted uses /restrictions in the buffer; and if Lot C is sold in the future, there will be language indicating there is an ag buffer for the potential buyer. Chair Ray invited comments from those in the audience who wished to be heard on the matter. Ed Dorfman, La Cresta, said this project meets the seven findings listed in the staff report for a Lot Line Adjustment; kept land in agricultural use as long as possible; never intended to farm the land but has in essence; is creating three equal lots; and Lot 3 is not nonconforming. Commissioner Keen supported the project; question if three Tots are more sellable than one lot; the lot with the buffer may be hard to develop; and the lot may not meet the criteria for nonconforming. Commissioner Ruth and Commissioner Barneich supported the project, with the understanding that the use for Lot C is limited. 1 1 1 PLANNING COMMISSION MINUTES SEPTEMBER 15, 2009 6:35 p.m. the Commission took a five minute break. PAGE 3 Commissioner Barneich questioned how would Lot D, which is zoned ag be changed to residential? Mr. Bergman said there is language in the General Plan and the Municipal Code that talks about mitigations to prime land and CEQA guidelines would be triggered. Chair Ray stated she is concerned with the lot line adjustment as she was sued in the past with a similar issue of the buffer on Whiteley Street and the size of Lot C. Mr. Bergman stated staff feels comfortable with the recommendation of approval for the Lot Line Adjustment and Lot C does have potential for development. Commissioner Ray asked if Exhibit "A" is unfinished. Mr. Jim Bergman stated this is complete and should have a period. Mr. Bergman corrected the address on the Resolution. Commissioner Barneich made a motion, seconded by Commissioner Keen, to adopt a resolution approving Lot Line Adjustment 09 -003, and adopt RESOLUTION NO.09 -2092 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT 09- 003; LOCATED AT THE CORNER OF TRAFFIC WAY AND EAST CHERRY AVENUE; APPLIED FOR BY DORFMAN HOMES, INC The motion was approved by the following roll call vote: AYES: Commissioner Barneich, Keen, Ruth and Chair Ray NOES: None ABSTAINED: Commissioner Brown ABSENT: None the foregoing Resolution was adopted this 15th day of September 2009. Commissioner Brown is now present at the dais. B. DISCUSSION AND COMMENTS RELATED TO FUTURE CITY COUNCIL CONSIDERATION OF POTENTIAL CHANGES TO HISTORIC RESOURCES CRITERIA, CASE NO. 09 -010 PLANNING COMMISSION MINUTES SEPTEMBER 15, 2009 PAGE 4 Planning Manager Jim Bergman presented the staff report for discussion and comments related to the future City Council consideration of potential changes to historic resources criteria. Commission questions /comments of staff ensued why not a public hearing issue? Mr. Bergman responded this is coming to Planning Commission due to the Commission stating they want to comment on the Historic Resource process and assumes that there will be a public hearing when this is presented to the City Council. The Commission discussed the ten criteria presented in the staff report. Chair Ray invited comments from those in the audience who wished to be heard on the matter. Bill Hart, Historic Resources Committee (HRC) Chairman provided the following comments to the ten potential changes to the historic resource criteria listed in the staff report and stated he would like everyone to be consistent in.the language: 1. Consideration of modifying Historic Resources Criteria The HRC has made a recommendation that the Council adopt the National Register Criteria. 2. Consideration of Utilizing the National Register Bulletin: How to Apply the National Register Criteria for Evaluation or Similar Document The HRC uses the Department of Interiors for Rehabilitation, adopted by the City. The HRC has made a recommendation that the Council utilize the Council utilize the National Register Bulletin: How to Apply the National Register Criteria for Evaluation with a modifying statement related to Arroyo Grande's unique history. 3. Develop a Defined and Articulated Historical Context The HRC is recommending that the Council develop an in depth history of Arroyo Grande and develop categories (suggest Prehistory, Spanish Period, Town Settlement, City Hood, Pre -War and II Post War II). 4. Development of Criteria to Designate Different Levels of Historic Resource and Varying Mitigation Measures The HRC did not discuss this criteria. 5. Development of a Process to Allow the Relocation of Historic Resources The Historic Resources Committee has made a recommendation that the Council not develop a new process (how /when) to allow the relocation of historic resources. 6. Establish ARC and HRC Review Procedures for Designated or Potential Historic Resources 1 1 1 Commissioner 1 2 3 4 5 6 7 8 9 10 Elizabeth Ruth Yes Yes Moot point addressed in #2 No No Yes Yes No No Yes Tim Brown Yes Yes Moot point addressed in #2 No No Yes Yes No No Yes John Keen Yes No comment Yes Yes Yes Yes only in the Village core Yes No Yes Yes Kristen Barneich Yes Yes Yes No No Yes Yes No Agr ee with HR C Yes Caren Ray Yes Yes Yes No Yes No Yes No Yes Yes 1 1 1 PLANNING COMMISSION MINUTES SEPTEMBER 15, 2009 PAGE 5 The HRC has made a recommendation that the Council allow the HRC to review all discretionary projects within the D -2.4 overlay district and make a recommendation directly to the decision making authority. 7. Better Coordination between the HRC and ARC The HRC has made a recommendation that the Council encourage information exchange between HRC and ARC on projects of mutual interest with a visiting committee members not having voting rights. 8. Amend CEQA Guidelines The HRC has made a recommendation that the Council not amend CEQA guidelines. 9. Contract for a Historic Resource Survey The HRC would like a Historic Resource Survey but is aware that the City has no money. 10. Establishment of a Mills Act Program The HRC was not presented with this option during their recommendation meeting but individual members have discussed the merits of the Mills Act and have expressed interest in encouraging the establishment of a program in past meetings. The Commissioners made the following recommendation of potential changes to Historic Resources Criteria listed above: Case-No ,A pp ` ,.w ���Address, Desc tio �i p Action . ,,_ 1. TUP 09 -019 Anne Agin 900 Wet Branch Street St. Patrick's Catholic School Annual BBQ & Auction A. J. Bergman 2. TUP 09 -020 Father Kenneth Brown 501 Fair Oaks Avenue 1221 E. Grand Ave. St. Patrick's Catholic Church Annual Fiesta A. J. Bergman PLANNING COMMISSION MINUTES SEPTEMBER 15, 2009 V. REFERRAL ITEMS FOR COMMISSION ACTION /NOTICES OF ADMINISTRATIVE DECISIONS SINCE SEPTEMBER 1, 2009: The Commission had no comments /concerns. DISCUSSION ITEMS: V. DISCUSSION ITEMS: None VI. PLANNING COMMISSION ITEMS AND COMMENTS: None VII. ACTING COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP: None VIII. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. ATTEST: DEBBIE WEICHINGER, SECRETARY TO THE COMMISSION AS TO CONTENT: 17 -A- R M OM ' . ITY DEVELOPMENT JIM ACTI DIRECTOR (Approved at the October 6, 2009 meeting) (1,T CAREN RAYI CHAIR PAGE 6 1 1 1