PC Minutes 2009-09-011
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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
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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.
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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.
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SEPTEMBER 1, 2009
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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.
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SEPTEMBER 1, 2009
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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
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"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
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SEPTEMBER 1, 2009
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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.
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PLANNING COMMISSION
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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.
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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
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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.
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PLANNING COMMISSION
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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)
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CAREN RA AIR
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