PC Minutes 2007-05-151
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MINUTES
PLANNING COMMISSION
MAY 15, 2007
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, Keen, Marshall
and Tait. Staff members in attendance were Community Development Director, Rob
Strong, Associate Planner, Teresa McClish, and Public Works Director, Don Spagnolo.
ANNOUNCEMENTS: None.
AGENDA REVIEW: No changes to the agenda.
APPROVAL OF MINUTES: Chair Ray made a motion, seconded by Commissioner
Keen, to approve the minutes of May 1, 2007 as written; the motion was approved on a
5/0 voice vote.
A. ORAL COMMUNICATIONS: None.
B. WRITTEN COMMUNICATIONS:
1. Additional Administrative Items: Temporary Use Permit Case No. 07 -008.
2. Information from Ryan Foster regarding a Storm Water Workshop on May 17,
2007.
3. Information from Associate Planner, Teresa McClish, regarding a Preliminary
Alternative for Creek Setback Ordinance.
II. PUBLIC HEARING ITEMS: None.
III. NON - PUBLIC HEARING ITEMS:
A. PROPOSED 2007/08- 2011/12 CAPITAL IMPROVEMENT PROGRAM (CIP),
PUBLIC WORKS DEPARTMENT, CITY OF ARROYO GRANDE
Public Works Director, Don Spagnolo, presented the proposed CIP, gave some of the
highlights of the report and recommended the Commission consider the program to
determine consistency with the 2001 General Plan. In conclusion, Director Spagnolo
recommended that the Planning Commission approve the five -year Capital
Improvement Program and make their recommendation to City Council.
Director Spagnolo then answered Commission questions for clarification on proposed
projects in the report, the "sales tax debt financing" and the enterprise funds; explained
that the funded projects will all move forward at the same time, the unfunded projects
are included mainly from the City's Master Plan, as funding becomes available we move
them up to the funded category.
Although this was not a public hearing Chair Ray opened the public hearing and hearing
none closed it.
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Planner
MEX 07 -002
Larry Cooper
425 & 429
California Street
Minor Exception to allow off street parking for
a secondary dwelling unit on adjacent property
and to allow primary homeowner to reside
adjacent to the rental property.
A.
M. Meier
MEX 07 -005
Dustin &
Christina Pires
1064 Sunset Drive
Minor Exception to allow parking for a
secondary dwelling unit in the driveway of the
main residence.
A.
T. Montgom
MEX 07 -004
Tammy
Moynagh
1131 Maple Street
Minor Exception to allow waiver of City parking
standards for single - family residence.
D.
T. Montgom
TUP 07 -007
Marcelo
Ferreyra
350 S. Elm Street
(Elm Street Park)
Temporary Use Permit to allow barbecue
fundraiser in Elm Street Park on June 9, 2007.
A.
T. Montgomery
PPR 07 -005
Aaron & James
Pinard
1229 E. Grand
Avenue, #B
Health & Wellness Center in an existing retail
building.
A.
J. Bergman
PLANNING COMMISSION
MINUTES
MAY 15, 2007
Commissioner Marshall stated that the County does not include their Planning
Commission in consideration of the CIP.
The Commission had no further comments.
Commissioner Marshall made a motion, seconded by Commissioner Barneich,
approving recommending to City Council the 2007/08 through 2011/12 Capital
Improvement Program.
AYES: Commissioners Marshall, Barneich, Keen, Tait, and Chair Ray
NOES: None
ABSENT: None
IV. REFERRAL ITEMS FOR COMMISSION ACTION/
NOTICES OF ADMINISTRATIVE DECISIONS SINCE MAY 1, 2007:
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Additional Administrative Item No. 6: Temporary Use Permit 07 -008; Heacock Trailers
& Truck Accessories, Inc: To allow for the storage of new trailers on the lot behind 220
Traffic Way.
Administrative Items Review:
Commissioner Keen asked for clarification on Item No. 1, MEX 07 -001. Director Strong
explained that the property owner is proposing to add secondary dwellings at both
properties; the MEX is to allow the owner to be an onsite manager as well as owner of
both units and to have the supplemental off - street parking to be at 429 California (there
is no room at 425 California); there will be a covenant recorded to this effect as long as
the owner resides on the one property.
The Commission had no further questions of the remaining five Administrative Items.
V. DISCUSSION ITEMS:
Associate Planner, Teresa McClish, presented a document to the Commission entitled a
Preliminary Alternative for Creek Setback Ordinance. Ms. McClish explained that this
was a result of one part of the recommendations in the Arroyo Grande Creek Study, and
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MAY 15, 2007
PAGE 3
she would like to introduce it and receive any comments from the Commission. The
complete study would be presented to the Commission and the public next week for the
June 5, 2007 Public Hearing.
Ms. McClish then proceeded to go through some of the concepts and perspectives that
were used in development of the study, stating that one of the four main focuses of the
study is to try to make sure policies are integrated in with the bigger picture of the
watershed. Three documents that staff relied upon in preparing the study were:
• The Arroyo Grande Creek Watershed Management Plan - compiled with a lot of
public comment and stakeholder involvement.
• The Habitat Conservation Plan & Environmental Studies — prepared by the
County of San Luis Obispo.
• Documentation from Swanson Hydrology, including what is going on in terms of
sedimentation coming down through and derived from areas in our City on
downstream areas of the flood control channel.
Essentially the Creek Study acknowledges commonly held issues in our City creek
system:
• We are continuing to alter our creeks.
• We have sedimentation issues.
• We have localized flooding areas possibly affecting some downstream areas.
• We have several areas of invasive plants in our streams.
• There are some areas with a loss of riparian habitat.
• We have an overlooked area of cultural resources.
• We have some conflicts in existing General Plan policies regarding our
recreational trails, where they should be and where they are not necessarily
practical (in some of the residential areas).
The focus of the study has been on four issue areas:
1. Watershed based consideration.
2. Buffers and habitat protection.
3. Stormwater and drainage.
4. Integration with policies for water resources.
The schedule for consideration of the Creek Study is as follows: The Creek Study
document will be distributed next week; a workshop has been scheduled for
Wednesday, May 30, 2007, at 6:00 p.m. in the Council Chambers; the first public
hearing by Planning Commission will be held on June 5, 2007.
The City is under a time constraint for an ordinance that contains setback standards and
which expires at the end of August. Therefore, the ordinance will be considered first
and the Creek Study can remain in draft form until the above issues have been
discussed at subsequent hearings.
Ms. McClish then discussed creek setbacks and stated that after research it was found
that many districts have implemented overlays; setbacks and form of measurement
PLANNING COMMISSION
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MAY 15, 2007
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varied greatly in different districts of California. Staff is proposing to keep measurement
from "the top of creek bank" or "edge of riparian habitat ", whichever is further, to provide
for riparian corridor habitat protection and also to provide for meander of the creek. The
ordinance will contain recommendations similar to the version being presented tonight.
An alternative included in the Creek Study includes implementing a creek overlay
district with a management area approach (which would be a more comprehensive
ordinance that may be considered in the future). The basic setbacks remain the same
in between the alternatives:
• Implementation of a setback from Arroyo Grande Creek and Talley Ho Creek
(our primary creeks) of 35 -feet from edge of top of bank or edge of riparian
habitat, whichever is further.
• A 50 -foot setback is being proposed for Meadow Creek and the east fork of
Meadow Creek.
• For areas within the Village Core Downtown or Village Mixed Use Districts staff
will be proposing for allowing the averaging of setbacks.
The recommended ordinance is simple although it is included with the existing flood
plain management ordinance (the flood plain management ordinance is very
convoluted). It is not as flexible as the alternative in the Creek Study; a variance would
be required for an exception. Setback considerations for the different creeks in the City
are:
• Areas with steeper slopes or deeper banks need larger setbacks.
• Where there is a larger flood plain area on creeks that do not have steep banks,
it is consistent to allow for a larger setback so that building will not take place in
the flood plain.
• Where there is existing riparian vegetation or concrete channels.
• Regulated Blue Line streams (federal designation for creeks): One of the City's
Blue Line streams is what used to be a creek behind WaI -Mart and drains into a
drainage basin and goes underground and will not be regulated.
• Habitat: Buffers will provide a healthier creek and a corridor for wildlife; it's better
to have some than none even with more intense infill.
• The largest setback is Meadow Creek and the east fork — a 50 -foot setback,
primarily due to the erosive soils that exist in the City and the sedimentation in
Pismo Lake; this should be feasible to implement due to the open space areas
and large lots.
• The Arroyo Grande Creek is deeply incised and there is an alternative in the
Creek Study to consider having a setback that is double the length of the creek
bank and then adding 20 -feet (to account for the long and steep banks); this
could equate to an 80 -foot setback, but there would be the availability to have a
lesser setback to the minimum of 35 -feet with a restoration plan included in a
development proposal.
• The Talley Ho Creek has a 35 -foot setback proposed in the ordinance as most of
the residents are in the 100 -year flood plain.
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• In the Village, in order to allow for policies for economic development, there are
some averaging provisions.
Commission Comments and Questions:
Marshall:
• How focused is the Creek Study document on watershed issues? Ms. McClish:
The document includes the following water -based approaches: 1) An MOU with
all the jurisdictions involved in watershed related activities hopefully to be
implemented in the coming months; 2) Policies to be included in our General
Plan for directions to address areas outside of the City — mostly County to the
north and south, addressing some of the issues that are shared across our
borders.
• There is a need for clarification (regarding setbacks) on what can and cannot be
done with the area between the Creek and a structure. Would an alternative
include this? Ms. McClish: Yes, it could, and it would help clarify language in
the Development Code.
Tait:
• Who was involved with the creek technical work group? Ms. McClish: There
were monthly meetings with City staff, a member from the Natural Resources
Conservation District (NRCS,) and Central Coast Salmon Enhancement.
Mr. Strong stated that the focus this evening is to present a simple, but protective
approach with this ordinance. The Commission should study the additional alternatives
and criteria and then refine the basic protection that is currently being proposed. When
the Commission meets on June 5, 2007 for the public hearing they should be prepared
to make a recommendation in order to get an ordinance moved forward to City Council
on June 12, 2007.
Tait:
• Re Village infill, asked for comment on the relationship between watershed
protection and higher density. Ms. McClish: Ideally, infill should be concentrated
where it will have the least impact on riparian areas, to keep them open; some of
the oldest areas are those on the creek and we may see some redevelopment
coming forward for these areas — it will be a balancing act
• Asked about new technologies such as the idea that riprap for stabilizing the
creek bank may actually have a negative effect on the creek in some cases. Ms.
McClish: Agreed that there are definitely new ideas coming forward and there
will also be new storm water regulations for the City to implement — such as the
NPDES Permit requirements (some of these considerations included in the
study).
• Is there some volunteer workgroups such as 'summer employment for youth' to
help with maintenance of the Creek? Ms. McClish: Volunteer groups are a good
way to go; we do rely on non - profits such as Salmon Enhancement to help clean
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MAY 15, 2007
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up the creeks. The Creek Study includes some discussion, but more can be
done in this area.
• How do we make sure we stay updated to comply with the latest regulations with
our new policy? Ms. McClish: Best Management Practices will provide an
opportunity for incentives and for more regulations; the City's Storm Water
Management Plan is going forward to the Water Quality Control Board and will
come to fruition very soon.
• There are inconsistencies in the grading for setbacks so will this be addressed?
Ms. McClish: Grading and clearing requirements have been outlined in the study
— it is within the definition of development.
• He likes the setback measurement "edge of riparian or whichever is greater ", but
the lack of clarity might complicate things for the public. Ms. McClish: The report
will use "riparian habitat" (a professional biologist would identify this).
• What techniques will be used to incorporate low impact development (LID) into
the plan? Ms. McClish: Those types of design standards are recommendations
in the Creek Study with examples in the appendices of the plan — Vegetation
Guidelines, being put together by our Intern, Megan Meier, working with Cal Poly
in developing these guidelines; these include some LID techniques as well.
• He liked the recommendation used by the Berkley Creek Task Force to use an
holistic definition of a creek, and that "policies and ordinances need to
acknowledge the interconnectiveness of creeks and watersheds if they are truly
to be effective ", he hoped this would be part of the plan.
Keen:
• What about the existing buildings that are inside the setbacks, will they be non-
conforming and what if they want to remodel or expand? Ms. McClish:
Essentially we will defer to our Development Code section on Non - conforming
structures, (allows rebuilding in the very same place if they are damaged by fire,
etc. The two alternatives for our code address these differently — and may
require a minor use permit for new structures and would be stricter. Mr. Strong:
In the interim the proposed ordinance being recommended in the non - conforming
provisions preclude expansion, except with a variance that findings for which can
be made.
Keen:
• What will happen, if due to City policies, properties will not be able to build
because most of their land is in the creek with just a little bit on the top? Mr.
Strong: The City will identify the properties that will be most affected and these
properties can apply for a variance.
• Agricultural land is being worked quite close up to the creek south of Arroyo
Grande — it will be difficult to stop farming within 50 feet of the bank. Mr. Strong:
The City's General Plan attempts to not impose any regulations that would
constrain agriculture; the Regional Water Quality Control Board may impose
standards of BMP that cause agricultural properties to be managed differently.
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Kristen:
• During staff research what did other jurisdictions allow in the setbacks? Ms.
McClish: It varied, some ordinances did not specify, some allowed exceptions for
fences and porches - each with specifications, some allowed driveways.
• Regarding averaging provisions for the Village Core and the Village Mixed Use
area to maintain economic development, how will this be calculated? Ms.
McClish: It has been specified in both the ordinance being reviewed tonight and
also in the alternative.
Ray:
• What does the issue of "overlooked areas of cultural resources" refer to? Ms.
McClish: It refers to the fact that the City may have more cultural artifacts or
evidence from an earlier time in history near our creeks; it provides a process
whereby a Phase 1, Cultural Resource Study condition can be acquired
depending on the development.
• Regarding averaging, why 20 feet and not 25 feet? Ms. McClish: 20 feet gives
enough space for a trail and it allows for flexibility of design in the Village area.
• Is there some underlying creek protection in the Flood Plain Management
District? Ms. McClish: It is an unmapped overlay district. Some creek
protection is included only for the purpose of flooding. The recommended
ordinance will integrate setbacks for other reasons for creek protections.
• In this preliminary proposal are the requirements for steep slope areas already
included? Ms. McClish: They are included in the Study and used as a basis for
setbacks.
In summary, Chair Ray, stated that at their June 5 meeting the Commission should first
endeavor to get the preliminary proposal (received this evening) passed, and second
review the Creek Study (to be delivered next week). Mr. Strong agreed that this should
be their focus.
Commissioner Keen asked if the charts from the presentation would be included in their
packets for the next meeting? Ms. McClish: They would be included.
VI. PLANNING COMMISSION ITEMS AND COMMENTS:
Commissioner Barneich stated she would be absent the second meeting in August due
to a vacation.
VIII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP:
Mr. Strong informed the Commission that Applebee's restaurant and the Hampton Inn
projects are progressing well.
Mr. Strong reminded the Commission that the HRC was having a special meeting
Wednesday, May 16, and there was to be bus tour of the D -2.4 Historic Character
overlay District.
PLANNING COMMISSION
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MAY 15, 2007
In reply to a question from Commission Barneich, Mr. Strong explained that Chili's
restaurant is now in construction drawings and it will probably be next spring before the
restaurant can open.
VIII. ADJOURNMENT:
The meeting was adjourned at 7:50 p.m. on a motion by Chair Ray, seconded by
Commissioner Keen.
ATTEST:
LY REARDON -SMITH
SECRETARY TO THE COMMISSION
AS TO C
TENT:
R
RONG
COMMUNITY DEVELOP ENT DIRECTOR
(Minutes approved at the PC meeting of June 15, 2007)
)/.\
CAREN RAY, CtIAIR)
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