PC Minutes 2006-02-071
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MINUTES
PLANNING COMMISSION
FEBRUARY 7, 2006
6:00 P.M.
CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with
Chair Brown presiding; also present were Commissioners Fellows, Parker, Ray and Tait.
Staff members in attendance were Community Development Director, Rob Strong,
Associate Planner, Teresa McClish, Assistant Planners, Ryan Foster and Jim Bergman,
and Public Works Engineer, Victor Devens.
ANNOUNCEMENTS: Request for the public to turn off their cell phones during the
meeting.
AGENDA REVIEW: No changes.
APPROVAL OF MINUTES: The minutes of January 17, 2006 were approved on a
motion by Commissioner Fellows, seconded by Commissioner Tait. Commissioner Tait and
Parker requested some technical changes to the minutes, copies of these were given to the
other Commissioners for review and approval. In addition, Commissioner Parker requested
the following word be deleted from the motion on public hearing Item II.D; Conditional Use
Permit case No. 05 -017 & Variance Case No. 05 -006, 206 N. Halcyon, as this had been
added by staff during discussion of the motion.
• Condition No. 13, the final landscape and building finish plan to be reviewed by ARC
prior to occupancy.
Commissioner Ray stated that during discussion she had asked the specific question that if
the Commission agreed to review by the ARC, would it hold up the Police Department being
able to use the modular? Staffs answer was no, so that is why she voted yes on the
motion; she would have voted no if this review was to be done before the Police
Department even got the use of it.
Mr. Strong explained that the City does occasionally allow temporary occupancy when the
bulk of the required improvements have been completed; the intent was to complete the
final landscape plan prior to either type of occupancy, so in this case the word "permanent"
can be struck. However, there is a concern as there is already a delay in the placement
schedule with the Police Department having to return to the ARC (and it is still not fully
resolved); the City Council may consider an appeal related to the tree removal or schedule
of occupancy as cost overruns are being created by these delays.
Commissioner Ray again stated that this was not what she wanted to vote yes on as in no
way did she want to hold up occupancy of the Police Department building.
The Commission then voted 5/0 on a voice vote to amend the minutes as requested.
A. ORAL COMMUNICATIONS: None.
B. WRITTEN COMMUNICATIONS: None.
C. REFERRAL ITEMS FOR COMMISSION ACTION: None
PLANNING COMMISSION
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FEBRUARY 7, 2006
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II. PUBLIC HEARING ITEMS:
A. CONTINUED FROM JANUARY 3, 2006: CONDITIONAL USE PERMIT CASE NO.
05 -012; APPLICANT — SHARON BILLON, M.D. TRUST; LOCATION — 210 TRAFFIC
WAY.
Assistant Planner, Jim Bergman, presented the staff report for review of a proposal for a
new office building behind an existing CPA's office located in the Village Mixed Use D -2.4
Design Overlay District. He described the units in some detail and stated the project
complied with all the Development Code requirements including the parking, and described
the proposed landscaping. In conclusion, Mr. Bergman stated that staff recommended that
the Planning Commission adopt the Resolution approving the Conditional Use Permit.
Mark Vasquez, Norman & Vasquez Associates, further described the project and proceeded
to answer Commission questions.
Commission questions:
• During Commission review of the Pre - Application there was discussion on a parking
issue that related to the homes next door, has there been any further discussion on
this? Mr. Vasquez: They had looked at this issue and there are means for a
solution regarding access, which they are considering.
• Asked for the ADA parking to be explained in more detail. Mr. Vasquez explained
why the ADA parking had been located and designed in this manner.
• Re Special Condition No. 26, re storm water runoff: If it would be a benefit to the
neighborhood to put the filter at the end of the block but would cost the applicant
more, could the City pay a portion? Mr. Devens: The City could pay a portion, but
the condition has been written to allow the applicant to make the choice.
• Condition No. 35, construction times, asked if the start time could be changed from
7:00 AM to 8:00 AM. Mr. Vasquez said he would prefer not to, but it could be
changed if required.
• Re the three residences at the north end of the project, there is a retaining wall, but
what other methods are proposed for screening. Mr. Vasquez: There is a proposed
retaining wall with a masonry fence and planting on the wall; the plants will attach
themselves and it will become a green wall; the masonry is to give privacy and
protect the residents from noise; there are also no windows on that side, also for
privacy.
• Re the proposed office building, will the lighting be screened? Mr. Vasquez: The
lighting will be very low intensity.
• During the Pre - Application Review there was a concern on the parking and space for
cars backing up. Mr. Vasquez: They did an overlay study for the parking to ensure
that vehicles would be able to maneuver to get in and out; there is one space that
they could limit by marking it for a compact car.
• At the ARC meeting there were five recommendations to be incorporated, had these
been incorporated? Mr. Vasquez: They had incorporated all the items requested.
• Would any work be going on by the Magnolia tree? Mr. Vasquez: He did not think
so; they were trying to do everything at the south end of the project.
Commissioner Fellows suggested that the finish on the new buildings should not be
identical to that on the old buildings; he would like people to see a vintage building in front
and a new building in the back. Mr. Vasquez: He did not see this as a problem.
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Commission questions to staff.
• What is the City's preference for the best management practice to filter storm water?
Mr. Devens: Staff would prefer replacement of the drop inlet (it would be regional
rather than a site specific improvement), but the applicant felt that it was
disproportionate to the project, that is why we gave them a choice.
• Asked for clarification on the driveway and whether or not it was entirely a fire lane.
Mr. Bergman: Described where the driveway extended to and stated that the Fire
Department would want the whole lane marked as a fire lane.
• Will there be a Fire Department check valve installed? Mr. Devens: Currently it is
proposed alongside the street, but it has not been finalized; the Health Department
has to maintain this and they do not want it hidden, but it can be screened with
landscaping. Could language be added for this particular project re Commissioner
Fellows concern with the check valve? Mr. Devens: The City does not own the
actual valve and would have to obtain an easement from an owner to install on site.
• Condition 45, re the retrofitting for increase in water demand created by the project
should have language modification. Mr. Devens: This will be modified to, state,
..."off-site" high -flow plumbing fixtures....
Mr. Bergman stated that there are multiple departments within the City that have an interest
in the check valves; when it comes time to review this issue they could evaluate this with
the applicant and the various departments.
Mr. Devens explained how the check valve and the fire department connection can be
separate as long as the check valve is not installed remotely.
Commissioner Fellows stated he had noticed that the fire department connection was
already located on the plans, in the landscape area, so it should be able to be screened
with landscaping. Mr. Vasquez: They also have a concern with the visual so that is why
they put it in the landscape area.
Commissioner Tait asked staff whether they could require that the applicant replace the
existing drop inlet and install a fossil filter insert (Special Condition No. 26, B.). Mr.
Vasquez: They would prefer to have the choice remain in the condition for the following
reasons:
• From an economic standpoint this would be a disproportionate cost for one project.
• The applicant may or may not get reimbursement from the other properties.
• The applicant would like both options available so that they can do some
negotiations with the other properties.
Commission Tait explained that he just wanted the best method available to be used; he
could agree that Condition No. 26 remain with the two choices so as to allow negotiations to
proceed.
Commissioner Fellows stated:
• He would like to be present when discussions take place regarding the
Commissions concern on the check valve.
• He would like to see the final landscape plans go back to the ARC for approval.
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FEBRUARY 7, 2006
Commissioner Brown requested language to be added to Condition No. 11 (re
Commissioner Fellows' concern) to state that the final design and location of the check
valve and fire department connection should be worked out between the applicant and staff.
Commissioner Ray stated that she did not think the hours of operation- 7:00 AM — 5:00 PM,
should be changed as it was Monday thru Friday only (not Saturday), and Mr. Vasquez
would prefer not to change these hours.
Commissioner Parker stated that she requested the change from 7:00 AM to 8:00 AM
because residents live at the property and she did not think they should be disturbed so
early.
Commissioner Parker made a motion, seconded by Commissioner Tait to approve
Conditional Use Permit 05 -012 with the following conditions of approval modified:
1. Condition No. 35: Change the hours of operation to state, "...(Monday through
Friday, 8:00 AM to 5:00 PM) for noise and inspection purposes.
2. Condition No. 11: Add language to require screening of the Fire Department
connection and check valves for aesthetic purposes.
3. The final design and location of the check valve and fire department connection to
be worked out between applicant and staff.
4. The final landscape plan to go to back to the Architectural Review Committee for
approval.
and adopt:
RESOLUTION NO. 06-1989
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 05 -012;
APPLIED FOR BY SHARON F. BILLION, M.D. TRUST; LOCATED AT 210
TRAFFIC WAY
The motion passed on the following roll call vote:
AYES: Commissioners Parker, Tait, Fellows, Ray and Chair Brown
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 7th day of February 2006.
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III. NON - PUBLIC HEARING ITEMS:
A. CONTINUED FROM 01- 03 -06: PRE - APPLICATION REVIEW CASE NO. 05 -011;
APPLICANT — RICK WHEELER; LOCATION —189 BRISCO ROAD
Assistant Planner, Ryan Foster, presented the staff report for review of conceptual plans to
subdivide 0.57 acres into seven (7) lots and construct seven (7) three - bedroom townhouses
(one deed restricted) as a planned unit development. He stated that this proposal is for
Phase II of a 19 -unit PUD; Phase I is under construction; the ARC comments were
supportive of the proposal, they liked the integration of the two Phases, and stressed that
shared parking should be a consideration for the project. In conclusion, Mr. Foster asked
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FEBRUARY 7, 2006
the Commission for their comments and direction on the proposed project.
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Larry Kramer, Civil Engineer for Cannon and Associates, introduced Claudio Gonzalez,
LGA Architect.
Commission questions:
Parker:
• How wide is the shared driveway? Mr. Kramer: It is just over 20 feet and will be a
fire lane with no parking.
• Can the six parking spaces for the Phase 1, approved project, be turned toward the
roadway so that residents from across the street (Phase II) would feel more
comfortable using them. Mr. Kramer: It would be very difficult as the driveway slope
is about 15% (close to maximum); it would make it very difficult to get in and out of a
car.
• What is the backyard setback and what is behind this area? Mr. Gonzalez: The rear
yard setback is 15 feet; the area behind is a storage yard and ambulance
maintenance facility.
• Asked for details on how the drainage system would work for Phase II and if it would
be combined with Phase 1. Mr. Kramer: Phase 11 will have a separate drainage
system; he explained how the water would filter and drain off the property.
Tait:
• Re the guest parking spaces, had permeable surfaces been considered for retaining
on -site water? Mr. Kramer: This is something they could consider.
Questions to Mr. Wheeler
Brown:
• Why had they chosen affordable units rather than the in -lieu fee? Mr. Wheeler:
They had followed staff recommendations on deciding the affordable unit. In
addition, he stated they would prefer not to have the permeable surfaces for the
guest parking as they require more maintenance.
Ray:
• Re the affordable unit, the 1,300 square foot residence looks as if it is squeezed in
between the 2,000 sq. ft. units and seems to stand out. Mr. Wheeler: Each unit will
look different; we are cutting up the roof lines so the smaller unit will not stand out;
the width of the smaller unit is only six feet less than the other units.
Parker:
• Clarified her earlier question: What is the measurement from the back of each unit
to edge of the property line? Mr. Kramer: The rear yard set backs are different
lengths, but the minimum is 10 feet.
Although this was not a public hearing, Chair Brown asked if anyone in the public would like
to comment.
Steve Ross, 211 Garden Street, stated a concern that permeable concrete or pavers for off
street parking areas may allow leaking oil and other polluting fluids to go directly into the
soil?
Mr. Devens stated that with the permeable pavers there would be a potential for the oil to
filtrate directly into the soil unless filtered before entering the retention basin; natural
PLANNING COMMISSION
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FEBRUARY 7, 2006
bacteria in the oils has a potential for breaking down the pollutants.
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Fellows:
• Maybe there is a need to consider having a filter for water to run through before it
gets into the retention basin. Mr. Devens: That is typically the way they are
designed; for Phase 11 we have not got into this type of design yet.
Tait:
• He liked the way the staff report contained the category "next step" and would like to
see this included in staff reports in the future.
• What maintenance is required on permeable parking? Mr. Devens: If the pavers
have plantings in between they would need maintenance.
Parker:
• What is the difference between detention and retention basin? Mr. Devens
explained the difference between detention and retention basins; and stated that this
project will have a retention basin as they have to retain storm water on site (so does
Phase 1).
Fellows:
• This is a good place for this project.
• Will the applicant pay a traffic fee for the impact that this project will have on the
Brisco underpass? Mr. Foster: The applicant will be paying standard impact fees,
but this particular project would not trigger a traffic study.
Commission comments:
Ray:
• She has no problem with this project.
• She would like to see a little more square footage for the affordable unit.
• The design and aesthetics are nice; the parking is fine.
Fellows:
• They really already reviewed this project when they approved the one next door; he
also agreed that this project was fine.
• He would like to see some lush landscaping as it is fairly crowded here and it may be
shady, but the ARC will take care of this.
Parker:
• Does not think that these units match the existing homes in Phase I, they need to be
smaller; this is multi - family, high density and we need to keep it this way.
• Would like the parking spaces to be more accessible to the people who will be using
them.
• Mr. Ross' concern on the runoff on the permeable parking spaces should be
considered.
• Would like to see more outdoor area utilized by decks off the top floor, off the master
bedroom, to make an area where fresh air can come in.
• Has concern that there would be 19 units of families in a small area on a busy road
and no place for children to go; if the units are made smaller then there could be
room for a place for children to play or people to sit outside.
Tait:
• Prefer the onsite affordable unit; he is in favor of this.
• The applicant should incorporate the best management practices on the drainage.
• Like and agree with the ARC comments about this project.
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• Do hope the project will incorporate some green or sustainable materials.
• The project looks pretty good.
Brown:
• Agree with Commissioner Parker on the size of the units, in a multi family, high -
density district it makes more sense to have smaller units to match the existing
project.
• He appreciates the affordable unit,
Mr. Wheeler stated that in regard to the square footage, he would like to clarify that the first
12 units in Phase 1 contain four that are 1,600 square feet, six that are almost 1,700 square
feet, and two on the top that are 2,200 square feet.
B. TIME EXTENSION CASE NO. 06 -001 (TRACT 2236); APPLICANT — GREG
NESTER; LOCATION — GRACE LANE, (LOT 182 AND PORTION OF LOT B OF
TRACT 1390).
Mr. Strong presented the staff report, prepared by Associate Planner, Kelly Heffernon, for
consideration of a one -year time extension for Vesting Tentative Tract Map Case No. 02-
005 (Tract 2236); the time extension request was filed prior to expiration of the Tract Map.
He would not like to see another year elapse before another time extension is requested;
Public Works staff has concerns at the rate at which the applicant pursued the final map.
He recommended that the Commission either continue the request to the next meeting
giving time for discussion with the applicant for a shorter time extension, or grant the time
extension for a six -month period. He had not discussed the recommendation with
Associate Planner, Kelly Heffernon or City Attorney, Tim Carmel, and it was previously
recommended that the time extension be approved for one year.
Although this was not a public hearing Chair Brown asked if there was any public that would
like to speak and seeing none closed the hearing to the public.
The Commission stated concerns that the staff report did not recommend a shorter time
extension even though staff was now recommending this.
Mr. Strong stated that the Commission could grant a one -year time extension, but staff was
expressing a concern that the City does not want to arbitrarily grant one -year time
extensions when the applicant have not pursued, to the maximum extent possible,
completion of the map in the two -year period that is initially granted.
Chair Brown made a motion, seconded by Commissioner Parker to approve a six -month
Time Extension Case No. 06 -001, for Tract 2236 and adopt:
RESOLUTION NO. 06 -1990
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A SIX -MONTH TIME
EXTENSION CASE NO. 06 -001 FOR VESTING TENTATIVE
TRACT MAP 02 -005 (TRACT 2236); LOCATED ON GRACE
LANE (LOT 182 AND PORTION OF LOT B of TRACT 1390);
APPLIED FOR BY GREG NESTER
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FEBRUARY 7, 2006
Commission discussion followed regarding concern with what the staff report recommended
versus what staff was now recommending. Mr. Devens explained that when an applicant
has not been as diligent throughout the first two years as he could have been and then
realizes he has to file for a time extension, this puts a lot of pressure on staff.
Mr. Strong stated he did not mean to single out Mr. Nester as the only applicant that has
this perception of time extensions being automatic; however, he does not want to set a
precedence that the City will automatically grant a time extension and that there needs to be
substantial reasons to grant one.
The motion passed on the following roll call vote:
AYES: Chair Brown, Commissioners Parker, Fellows, Tait and Ray.
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 7 day of February 2006.
IV.
A. NOTICE OF ADMINISTRATIVE DECISIONS SINCE JANUARY 31, 2006: None.
The Commission took a 5- minute break.
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V. DISCUSSION ITEMS:
1. Creek Study, report presented by Associate Planner, Teresa McClish:
On September 27, 2005, the City Council adopted Interim Urgency Ordinance No. 572
prohibiting development of properties adjacent to a creek or areas within 25 feet of top of
creek bank or edge of riparian vegetation, whichever is greater, to allow staff to study all
foreseeable ramifications of allowing the development of these areas. The suspension was
extended by ordinance on November 8, 2005 and is effective until September 24, 2006. A
preliminary workplan for the creek study was discussed at the Planning Commission on
October 18, 2005 and the City Council on November 8, 2006.
As previously discussed, the City has some limited requirements for certain discretionary
projects specified in Title 16 (Section 16.64.070.R) relating to the dedication of easements
for sensitive areas, including 25 feet from top of creek bank. The Council directed staff to
consider alternatives to remedy inconsistencies with current City policies, particularly
concerning those related to safeguarding important environmental and sensitive biological
resources, preventing sedimentation, erosion and alteration of streambanks, and pursuing
possibilities for recreation and trail dedication for the benefit of the public welfare.
Staff has researched guidance for urban watercourse protection, collected data on factors
influencing creeks in Arroyo Grande, surveyed setback policies for other jurisdictions and is
developing policy alternatives to address the following objectives identified in the preliminary
workplan:
1. Protection of the creek corridors and their associated riparian zones as part of the
City's natural landscape;
2. Promote a watershed -based policy framework for managing surface -water runoff; and
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3. Establish a regulatory and administrative framework for what has already been
developed and what can be developed along creekways, and how and under what
conditions further development can proceed.
The draft creek setback study is tentatively scheduled to be available for public review during
the second week of March with a public workshop tentatively scheduled on March 16, 2006.
The study and alternatives will be provided to the Architectural Review Committee on April 3,
2006 and the Parks and Recreation Commission for their meeting on April 12, 2006. A
Planning Commission public hearing is tentatively scheduled for April 18, 2006 to review
preferred alternatives and develop recommendations for City Council.
Commission questions:
Brown:
• Will you deal with alteration of stream banks? Ms. McClish: We are focusing on
keeping development out of the streambank area and then providing a buffer area;
the streambank itself is under the jurisdiction of Fish and Game; consistent
enforcement policies will have to be considered when this does happen.
Tait:
• The determination of "top of bank" has been an issue for the last few projects, how
will this study determine the top of bank? Ms. McClish: We will include a definition
in the Code that everyone feels is applicable to this jurisdiction.
• Re the high non - conformance of the 25 -foot setback along Tally Ho Creek, will
anything be done about this? Ms. McClish: It is important data to have; there are
several structures, some that we counted, that are right on the verge and we will
make an approximation; if we adopt a buffer that is very wide then we will have a lot
more non - conforming structures- something we do not want.
• Setback distance may have been based on habitat and the categories listed were
regarding the presence of fish, what about the presence of amphibians, birds and
mammals? Ms. McClish: More information can be given on the Class 1 (fish
bearing), Class 2 (aquatic life other than fish), and Class 3 (not supporting aquatic
life) stream characteristics.
• Could you define what economically and beneficial use of properties to determine
buffer flexibility is? Ms. McClish: There are many policies in the General Plan to try
to satisfy and if we have a property coming forward with a beneficial use we need to
make sure we do not have over - restrictive policies that prevent a project that would
otherwise satisfy the intent of the policies of the General Plan.
• In July 2005, the City Manager had some questions on the East Village Plaza
creekbank setback, would these questions be answered in the creek study? Ms.
McClish: We hope to answer all of those questions.
• He had a concern regarding flexibility of the creek setbacks and asked what had
been found out after study of this issue? Ms. McClish: We hope to base the
setbacks on the fact that we are a small City and only have a handful of streams to
consider and may be able to apply stream specific setbacks.
Parker:
• Do you have task force helping out on this? Ms. McClish: She does not have a
"community task force"; consultation with City staff, the RCD, at the NRCS and some
other agencies that have completed recent studies, some including public comment;
she hopes the upcoming public meeting will serve to garnish additional input, but she
would encourage any public members who wish to contribute.
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• How does this study effect the projects that are now going forward that are located
on the creeks? Ms. McClish: The projects that are in the pipeline will not be subject
to any of these recommendations, but the information provided along the way will be
helpful.
• She was really glad to see the City coming up with a policy and it will be very helpful.
Fellows:
• Had Caltrans been consulted yet? Ms. McClish: Not yet, but she would put them on
the list.
Ray:
• She was amazed at the amount of work done on the study in such a short time.
Brown:
• He expressed concern regarding the statement of "not having jurisdiction over the
streambanks ".
Nanci Castle, resident of Morro Bay, stated that creeks are very near and dear to her heart;
she lives very close to the creek in Morro Bay and has had her home flooded in the past;
creeks and development are not the best mix and there are risks inherent on living on a
creek; as much as she loves habitat and biologists and their concerns for the habitat,
increasing debris in the creek slows the water down and causes water to rise in the
developed areas; the issue of who is going to keep the creeks being cleaned out will
hopefully be resolved as time goes by; the velocity of the water going through the
developed areas is very important for flooding; she would like to see the workshop televised
for the public.
VI. PLANNING COMMISSION ITEMS AND COMMENTS:
Commissioner Fellows suggested that the Commission routinely take a break at 8:00 PM
and 10:00 PM at future meetings.
VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP: None.
VIII. ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
ATTEST:
AS TO CONTE T:
LYN REARDON -SMITH
SECRETARY TO THE COMMISSION
OPMENT DIRECTOR
(Minutes approved at the PC meeting of February 7, 2006)
TIM BROWN, CHAIR
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