Loading...
PC Minutes 2009-09-011 1 MINUTES PLANNING COMMISSION SEPTEMBER 1, 2009 6:00 P.M. CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Ray presiding; also present were Commissioners, Barneich, Brown, and Ruth. Commissioner Keen absent. Staff members in attendance were Community Development Director, Rob Strong, Assistant City Engineer, Mike Linn, Planning Manager Jim Bergman, and Planning Intern Darryl Mimick. ANNOUNCEMENTS: None AGENDA REVIEW: None APPROVAL OF MINUTES: Chair Ray asked that approval of the July 21, 2009 minutes be continued to the next Commission meeting when Commissioner Keen is present. Chair Ray made a motion, seconded by Commissioner Keen, to approve the minutes of August 18, 2009, as presented. The motion was approved by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners Brown, Ruth and Chair Ray None Keen Commissioners Barneich A. ORAL COMMUNICATIONS: None B. WRITTEN COMMUNICATIONS AFTER AGENDA PREPARATION: 1. The following was received after agenda preparation: a petition received on August 31, 2009 from concerned residents of Brisco Hill regarding Item II.A. stating opposition to application (APN 077 - 061 -016), General Plan Amendment/Development Code Amendment Subarea 2/Tentative Tract Map (TTM 3015) as proposed using existing Hillcrest Drive to provide new public street access from /to the proposed development. II. PUBLIC HEARING ITEMS: A. PRE - ANNEXATION, SPHERE OF INFLUENCE ADJUSTMENT, GENERAL PLAN AMENDMENT, DEVELOPMENT CODE AMENDMENT CASE NOS. 09 -001; TENTATIVE TRACT MAPS CASE NOS. 09 -003, 09 -004, 09 -005, 09 -006 AND DRAFT MITIGATED NEGATIVE DECLARATION; APPLICANT - CITY OF ARROYO GRANDE; LOCATION — SEVEN PROJECT SUBAREAS WITHIN THE PLANNING COMMISSION MINUTES SEPTEMBER 1, 2009 CITY — This item is continued from April 7, May 5, July 7, July 21, and August 18, 2009 ,meetings. Staff report prepared and presented by Rob Strong, Community Development Director. The Planning Commission will consider a recommendation to City Council on a proposal by'the City of Arroyo Grande to pre -zone and annex one property accessed off of Pearwood Avenue; removal of three Mobile Home Park properties accessed off South Halcyon Road from the City's Sphere of Influence (SOI), to reflect actual water resource allocation from Oceano Community Services District; and changes in General Plan Land Use designations and zoning ( GPA/DCA) for a total of nine (9) properties within the City of Arroyo Grande for General Plan consistency of Public Facility designated properties and to provide additional infill housing opportunities. Subareas 1, 2, 4 & 5 involve four (4) separate residential subdivision tentative tract maps which are also being considered at this time. The project subareas include: 1) Prezone /Annexation /GPA/DCA/TTM for four (4) residential lots, and one Public Facility open space parcel, Pearwood Avenue and Huasna Road (APN 047 - 125 -002); 2) GPA/DCA/TTM for Hillcrest Drive for 15 residential lots (APN 077 - 061 -016); 3) SOI change for South Halcyon Mobile Home Parks (APN's 075 - 011 -037, 039 & 040); 4) & 5) GPA/DCA/TTM for one (1) Multi - Family (MF) lot and two (2) four -lot residential sub - divisions, City and County Regional Center properties, (Portions of APN's 007- 011 -040; 044 & 046); including an Open Space /Conservation Public Facility overlay and easement on a part. 6) GPA/DCA: South Courtland Street Public Facility designation and zoning for existing drainage basin (APN's 077 - 131 -030 & 031); 7) GPA/DCA: City Hall, East Branch Street (APN's 007 - 492 -004 & 007 - 493 -019). This project also includes clean -up amendments to the General Plan and Development Code to allow various commercial retail and recreational uses (including drive - through in the Regional Commercial district) and to revise the definition of "Agricultural Land" for Code consistency. Community Development Director Rob Strong presented the staff report and asked the Planning Commission to provide additional input. He said the "agricultural land definition could be extracted for a future recommendation and briefed the Commission on Subarea 2 resolution, which denies the project. Commissioner Brown said the "agricultural land" needs to have more explanation and alternatives. Subarea 1 Chair Ray opened the continued Public Hearing for new information /comments. PAGE 2 The following people spoke adding to their testimony from previous public hearings in opposition to the project: Dona Nelson, Pearwood Avenue; Harvey Palmer, Pearwood Avenue, and Christine Klopfer, Pearwood Avenue. 1 1 1 1 1 1 PLANNING COMMISSION MINUTES SEPTEMBER 1, 2009 PAGE 3 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 area, 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. The Commission stated that they are listening to the residents issues and concerns and said the commissioners job is to consider not only what is best for the residents affected on Pearwood, but whether or not it is best for the City in general and suggested the residents attend the September 22, 2009 City Council meeting to express their issues and concerns, and are in support of the project. Subarea 2) Chair Ray opened the continued Public Hearing for new information /comments. The following people spoke adding to their testimony from previous public hearings in opposition to the project: Richard Duffin, Newport Avenue, Rob Hatch, Sierra Drive, Joe Wolosz, Hillcrest Drive, Lou Palangi, Sierra Drive, and Scott Seelos, Hillcrest Drive, The issues and concerns raised include: traffic on Hillcrest Drive and Newport Drive has increased since 1950, Hillcrest Drive is a narrow street and has no sidewalk, vehicles speed on Hillcrest Drive, crosswalk needs to be installed, the $100,000 should be utilized to fix Hillcrest Drive so when vehicles park along the side of the street they do not obstruct the traffic flow, a traffic study needs to be done before this goes to the City Council, received 152 signatures opposing the project, suggested to form a donation to buy the property and deed it for a public facility, talk to Ms. Baker regarding purchasing the property, suggested to wait to sell property —do not jump the gun, asked for clarification on the Planning Commission recommendation thanked the commission for their work. If the Planning commission denies this project, can the project be approved by the City Council? Chair Ray indicated that the Planning Commission makes the recommendation and the City Council will make the final decision. Mr. Strong added that when the City Council disagrees with a recommendation from the Planning Commission and feels additional testimony, information, etc. is needed, their responsibility by State law is to refer it back to the Planning Commission for further study and recommendation. It was the consensus of the Commission that this land not be rezoned, due to not having a viable project, with the circulation issues, we do not need a traffic study and is opposed to the project. PLANNING COMMISSION MINUTES SEPTEMBER 1, 2009 PAGE 4 Subarea 3 Chair Ray opened the continued Public Hearing for new information /comments, but hearing none closed it. Mr. Strong reported that since the initial proposal, LAFCo has moved ahead of the City and has accommodated preliminary direction to the mobile home parks for annexation to Oceano Community Services District for the purpose of obtaining water supply. It was the consensus of the commission to support this project. Subarea 4 Commission had no questions. Chair Ray opened the continued Public Hearing for new information /comments, but hearing none closed it. It was the consensus of the Commission to support this project. Subarea 5 Commission has no questions. Chair Ray opened the continued Public Hearing for new information /comments, but hearing none closed it. It was the consensus of the commission to support this project. Subarea 6 Commission has no questions. Chair Ray opened the continued Public Hearing for new information /comments, but hearing none closed it. It was the consensus of the commission to support this project. Subarea 7 Commission has no questions. Chair Ray opened the continued Public Hearing for new information /comments, but hearing none closed it. It was the consensus of the Commission to support this project. Mr. Strong said this project also includes clean -up amendments to the General Plan and Development Code to allow various commercial retail and recreational uses (including drive - through in the Regional Commercial district) and to revise the definition of 1 1 1 11 ti 1 PLANNING COMMISSION MINUTES SEPTEMBER 1, 2009 PAGE 5 "Agricultural Land" for Code consistency. He referred to the attachments to the staff report with regard to the "agricultural land ". He said the basic issue that causes this to be a larger issue than a clean -up amendment is the difference between the General Plan reference to prime ag soils and the City implementing ordinance to date which deal with land use designation or zoning. Mr. Strong said the Commission can separate this out of the clean -up amendments. Commissioner Brown said he is not clear on how the language for the "ag land" will be extracted. Ms. McClish explained the procedure for removing action on the "ag land" stating that the DCA would proceed for changes to the drive - through restaurants in the Regional Commercial district as shown on the Table in Exhibit A, but the change in the Development Code regarding "ag land" would be excluded from the proposal. Section 2 of the proposed draft ordinance, which is attached to the draft master resolution would be removed as well as the reference to Section 16.12.170.B of Exhibit "A ". Commissioner Barneich said she and Tim Brown met with City Attorney Carmel and Ms. McClish regarding the prime soils land at Traffic Way and Cherry Avenue and stated if this was to be built on in the future, commercial as zoned now, that CEQA would not be triggered although it is prime soils and is being covered up forever. 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. Commissioner Brown said the issue of the language change was addressed in previous environmental review. Mr. Strong agreed. Commissioner Brown asked when is the policy going to be implemented. Commissioner Brown said that the General Plan states to come up with a model on which land should be mitigated consistent with language that talks about natural resources in the General Plan. He stated he wants to deal with this head on and not piece meal. Commissioner Brown referred to Mr. Dorfman's letter attached to the staff report and stated that if he stopped farming and came forward with the lot line adjustment and commercial project, based on staff's interpretation he would be able to move forward without mitigation. Ms. McClish said if this definition was approved by City Council there would be no agricultural mitigation if the land is not zoned agricultural, farmed or non farmed, except in this example, a buffer would need to be implemented on the commercial side of the property to protect the agricultural land next to it. Chair Ray opened the continued Public Hearing for new information /comments. Jim Dickens, Branch Mill Road, stated he objects staff's recommendation to change the definition of "agricultural land" as stated in Section 16.12.170 B of the Development Code. This change is a significant policy item and a recommendation would impact the intent and policies adopted by the City in the General Plan agricultural element. He PLANNING COMMISSION MINUTES SEPTEMBER 1, 2009 PAGE 6 asked is prime land soils a natural resource worth conserving and stated he feels it is worth conserving. He stated the City's General Plan states specifically that we are to avoid, and /or mitigate loss of prime farm land soils and conserve non prime agricultural use in natural resource lands and referred to AG1 -4, which states that we are to establish and apply for specific criteria for CEQA analysis as provided by CEQA guidelines...; change in language proposed by staff widens the disconnect between adopted policies and Development Code; as one of the five Council Members who voted on the 2001 General Plan, it was his intent that the policies adopted in the Agriculture Element would apply to all lands containing prime farmland soils regardless of their zoning; zoning is not the best tool when one desires to increase the protection of valuable resources; not here tonight to suggest that all lands within the City containing prime soils should be protected at all costs recommending that valuable resources are appropriately and reasonably protected and /or mitigated, recommended the Commission recommend a public hearing to specifically review staff's concerns regarding agricultural policies objectively look on how to clarify these inconsistencies, recommend the public hearing review a policy of implementing an agricultural land evaluation and site assessment model (LESA Model) and exclude staff's recommendation to make changes to the definition of the `agricultural land ". Ella Honeycutt, said she has been studying agricultural since 1979 and the LESA model is an excellent document to use as reference. Commission comments included having a workshop; look at document in packet that has striking; Commission and City Council has failed under policy issues in how to mitigate those lands that are zoned agricultural in case there is a conversion; remove the "ag land" out of the draft ordinance, prepare a LESA Model, prioritize mitigation and thanked Mr. Dickens for attending the meeting. Commissioner Ray made a motion, seconded by Commissioner Ruth, to adopt a resolution of the Planning Commission of the City of Arroyo Grande recommending to the City Council approval of pre- zoning for annexation, Sphere of Influence adjustments, General Plan amendments and Development Code amendments, Case No. 09 -001 and preliminary Tentative Tract Maps Nos. 3018 and 3019 regarding seven project subareas within and adjoining the City and certain clean up amendments to table 16.36.030 A for Regional Commercial and Section 16.12.170 B regarding "agricultural land ", with the following modifications: • Delete Section 16.12.179 B in the title of the Resolution; • Delete Section 2. of the proposed draft ordinance regarding "agricultural land "; • Remove strike out in Exhibit "A" regarding "ag land "; • Recommend denial of Subarea 2 (TTM 3015) and defer TTM 3017 until after annexation. 1 1 1 11 1 1 PLANNING COMMISSION MINUTES SEPTEMBER 1, 2009 RESOLUTION NO. 09 -2088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PRE - ZONING FOR ANNEXATION, SPHERE OF INFLUENCE ADJUSTMENTS, GENERAL PLAN AMENDMENTS AND DEVELOPMENT CODE AMENDMENTS, CASE NO. 09-001 AND PRELIMINARY TENTATIVE TRACT MAPS NOS. 3018 AND 3019 REGARDING SEVEN PROJECT SUBAREAS WITHIN AND ADJOINING THE CITY AND CERTAIN CLEAN UP AMENDMENTS TO TABLE 16.36.030A FOR REGIONAL COMMERCIAL. The motion was approved by the following roll call vote: AYES: Commissioners Ray, Ruth, Barneich and Brown NOES: None ABSENT: Commissioner Keen the foregoing Resolution was adopted this 1 day of September 2009. PAGE 7 Commissioner Ray made a motion, seconded by Commissioner Brown, to adopt a resolution of the Planning Commission of the City of Arroyo Grande recommending that the City Council deny GPA/DCA Case No. 09 -001 and Tentative Tract Map No. 3015 regarding subarea 2, located adjoining Hillcrest Reservoir #2, near Hillcrest and Stonecrest Drives, initiated by the City and applied for by Hillcrest Land Company. RESOLUTION NO. 09 -2089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL DENY GPA/DCA CASE NO. 09 -001 AND TENTATIVE TRACT MAP NO. 3015 REGARDING SUBAREA 2, LOCATED ADJOINING HILLCREST RESERVOIR #2, NEAR HILLCREST AND STONECREST DRIVES, INITIATED BY THE CITY AND APPLIED FOR BY HILLCREST LAND COMPANY. The motion was approved by the following roll call vote: AYES: Commissioners Ray, Brown, Barneich and Ruth NOES: None ABSENT: Commissioner Keen the foregoing Resolution was adopted this 1st day of September 2009. PLANNING COMMISSION MINUTES SEPTEMBER 1, 2009 Commissioner Ruth made a motion, seconded by Commissioner Barneich, to adopt a resolution of the.Planning Commission of the City of Arroyo Grande recommending that the City Council adopt a Mitigated Negative Declaration and approve Tentative Tract Map No. 3018 located at the northeast corner of West Branch Street and Old Ranch Road composed of five lots, applied for by the City of Arroyo Grande. RESOLUTION NO. 09 -2090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE TENTATIVE TRACT MAP NO. 3018 LOCATED AT THE NORTHEAST CORNER OF WEST BRANCH STREET AND OLD RANCH ROAD COMPOSED OF FIVE LOTS, APPLIED FOR BY THE CITY OF ARROYO GRANDE The motion was approved by the following roll call vote: AYES: Commissioners Ruth, Barneich, Brown, and Chair Ray NOES: None ABSENT: Commissioner Keen the foregoing Resolution was adopted this 1st day of September 2009. Commissioner Ruth made a motion, seconded by Commissioner Barneich, to adopt a resolution of the Planning Commission of the City of Arroyo Grande recommending that the City Council adopt a Mitigated negative Declaration and approve Tentative Tract Map No. 3019 located northeast of West Branch Street and Rodeo Drive composed of eight (8) lots applied by the County of San Luis Obispo. RESOLUTION NO. 09 -2091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE TENTATIVE TRACT MAP NO. 3019 LOCATED NORTHEAST OF WEST BRANCH STREET AND RODEO DRIVE COMPOSED OF EIGHT (8) LOTS, APPLIED BY THE COUNTY OF SAN LUIS OBISPO. The motion was approved by the following roll call vote: AYES: Commissioners Ruth, Barneich, Brown, and Chair Ray NOES: None ABSENT: Commissioner Keen the foregoing Resolution was adopted this 1 day of September 2009. PAGE 8 1 1 1 e 1 1 PLANNING COMMISSION MINUTES SEPTEMBER 1, 2009 It was moved by Commissioner Brown, seconded by Commissioner Barneich and unanimously carried that the City Council review possible General Plan and Development Code initiation regarding prime land soils and ag mitigation alternatives. I.V. REFERRAL ITEMS FOR COMMISSION ACTION /NOTICES OF ADMINISTRATIVE DECISIONS SINCE JULY 7, 2009: REFERRAL ITEMS FOR COMMISSION ACTION /NOTICES OF ADMINISTRATIVE DECISIONS SINCE August 18, 2009: Case No. 1. TUP 09 -015 2. TUP 09 -021 APP Randy Russom Leanne Olsen /Cookie Crock Warehouse ddress- 250 Traffic Way 1221 E. Grand Ave. Description Haunted house Tent sale /BBQ 9/4 & 5 Action A. A. Planner J. Bergman J. Bergman The Commission had no comments /concerns. DISCUSSION ITEMS: V. DISCUSSION ITEMS: None VI. PLANNING COMMISSION ITEMS AND COMMENTS: Commission congratulated Mr. Strong on his retirement and welcomed Ms. McClish. VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP: Mr. Strong said it has been a pleasure working with the Commission. VIII. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. ATTEST: 0, o/ -&-) 14),J,C 1 0\ DEBBIE WEICHINGER, SECRETARY TO THE COMMISSION AST ONTENT: L 7 , \\ `( TERESA CLISH, COMMUNI Y DEVELOPMENT (Approved at the September 15, 2009 meeting) PAGE 9 CAREN RA AIR BLANK PAGE 1 1 1