PC Minutes 2004-06-01ase No ,�_
Appl
Addres wa_q
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- Planer'"
1.
TUP 04 -008
S & S Homes
Berry Gardens
Model homes
K. Heffernon
2.
TUP 04 -009
St. Patricks
School
501 Fair Oaks Ave
Annual Fundraiser
A. Koch
3.
TUP 04 -010
Lighthouse
Christian School
497 Fair Oaks Ave
Non - profit fund raiser — sell
cherries
A. Koch
4.
MEX 04 -005
Josh Blair
266 Aspen
Contd. use of one -car garage
R. Foster
5.
VRS 04 -008
Josh Blair
266 Aspen
Addition master bedroom & bath,
+ 1 /2 story over garage for bonus
storage room
R. Foster
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CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session
with Chair Guthrie presiding; also present were Commissioners Arnold, Brown, Fowler
and Keen. Staff members in attendance were Community Development Director, Rob
Strong, Associate Planner, Kelly Heffernon, Planning Intern, Andrea Koch,
Administrative Intern, Jon Ansolabehere and Public Works Engineer, Victor Devens.
AGENDA REVIEW: No Changes.
APPROVAL OF MINUTES: The minutes of May 18, 2004 were approved with a
request from Commissioner Brown to amend language (Page 3, paragraph 5) from "that
this was a bait and switch deaf' to "that this had the feel of a bait and switch deal ", on a
motion by Commissioner Arnold, seconded by Chair Guthrie. The motion was approved
on a 4/0 voice vote, Commissioner Fowler abstaining.
I.A. ORAL COMMUNICATIONS: None.
B. WRITTEN COMMUNICATIONS:
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CITY OF ARROYO GRANDE
PLANNING COMMISSION
JUNE 1, 2004 - 6:00 P.M.
1. Letter dated June 1, 2004 to Tom Ramones re Minor Use Permit and Viewshed
Review for 505 Hawkins Court.
2. Letter dated May 26, 2004 to Jim Dotson re Temporary Use Permit 04 -011, Lot 4
of Tract 2275.
3. Letter from Scott Wages, dated June 1, 2004 re — Agenda Item IIIC.
4. Letter from John Dome, dated June 1, 2004 re — Agenda Item IIIC.
5. Letter from Lynn Ankeny, dated June 1, 2004 re — Agenda Item IIIC.
6. Email from Gee Gee Soto, dated June 1, 2004 re — Agenda Item IIIC.
II.A. MINOR USE PERMITS APPROVED SINCE MAY 18, 2004 - SUBJECT TO 10-
DAY APPEAL:
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Mr. Strong presented the two following additional minor use permits for consideration by
the Commission:
1. Andy Dodson for Jim Dotson, TUP 04 -011 (Lot 4 in Tract 2275) wants to
establish one model home; staff has approved this.
2. Viewshed Review Case No. 04 -002, 505 Hawkins Court; this is consistent with
the neighborhood and staff has no concerns and their were no neighborhood
concerns.
The Commission asked for clarification on the MUP for 266 Aspen.
In answer to questions from the Commission, Victor Devens explained that the bonds
had been posted for the Dotson project and the model home cannot be sole until the
final map is recorded.
The Commission had no other concerns.
Mr. Strong stated the Minor Use Permits would be approved after a ten -day appeal
period.
III. PUBLIC HEARINGS:
A. CONTINUED ITEM: RECONSIDERATION OF CONDITIONAL USE PERMITS
CASE NOS. 98 -572, 98 -573 & 01 -005; APPLICANTS — RUSS SHEPPEL &
KEVIN KENNEDY; LOCATION — 1299 JAMES WAY (Continued from February
3, 2004). Staff report prepared and presented by Rob Strong, Community
Development Director.
Mr. Strong gave an update on the prior meetings conducted to address reconsideration
of revocation of the Conditional Use Permits and /or modification of Conditions of
Approval due to non - compliance.
Steve Orosz,Traffic Engineer for the Kennedy /Sheppel parking and circulation study,
gave an overview of their report and in conclusion he made the following
recommendations:
• Employees should be required to park in the overflow area (to the south) and
additional lighting should be provided for safety.
• The driveway to the west should be opened up for inbound traffic and the present
driveway kept as two -way.
• Separation of the in and out driveway should have the addition of 50 feet of
double yellow line.
• Eight parking spaces should be removed to area 'C', when the driveway is
opened to avoid congestion.
• A second survey should be done to see how the changes are functioning and to
gather more data.
Commissioner Fowler thought it might be confusing to have one driveway in and one
driveway in and out. Mr. Orosz stated that Public Works were being cautious and did
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not want to have one drive in and one out until they see how this works first and that
they would prefer to take baby steps.
Commissioner Brown agreed with Commissioner Fowler that it might be confusing to
have the driveways set up in this manner.
Commissioner Arnold agreed with Commissioner Fowler and Brown stating he thought
it could cause confusion to drivers to have one driveway in and one driveway in and out.
Commissioner Keen suggested that if the driveway is opened up it should be for right
turns only.
Victor Devens stated Public Works recommended that the driveway only be opened up
if it would solve the parking problem, but it seemed from the report that it was more of a
management problem than a flow problem and asked if widening of the driveway had
been considered. Mr. Orosz stated that the eight spaces were being removed to solve
the problem of circulation and he did not believe widening the driveway would solve the
problem.
Mr. Strong stated that it is the preference of the two property owners to have one entry
and one exit driveway and that a center two -way left turn lane would be required (James
Way) for turning in and out.
Mr. Orosz gave a brief overview of the Sheppel 3 mixed -use proposal.
Mr. Strong stated details needed to be worked out between Kennedy and Sheppel
about where employees park and the relocation of the trash containers; that the
Sheppel 3 project would be coming forward in a few weeks and that definition of the
slope bank issue will become a critical issue; that the City is suggesting biological and
hydraulic study and additional engineering should be submitted to Public Works and the
Community Development to define a theoretical "top of bank ".
Commission Comments:
Arnold
• Concern for traffic stacking up on James Way.
• Asked if moving the exit further toward the creek had been considered.
• Re Sheppel 3, there is a need to resolve how to get current traffic out safely
before this is reviewed; he suggested delay of units closest to James Way to
enable drive relocation further east.
• Asked for clarification on the design of the carports.
Kim Hatch, Pultz and Associates, described the open space configuration for the
carports and the topography of the site for the mixed -use proposal for Sheppel 3.
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Arnold
• The trash enclosure positioning is contingent on the driveway openings and
traffic flow needs to be resolved before a decision is made.
• Asked if the parking situation is working since the employee parking has been
moved.
• He would like to see a more formal Pre -app before he could discuss Sheppel 3.
Russ Sheppel, Owner, stated:
• Re employee parking, the problem has now been resolved.
• Class times for Kennedy Fitness have been altered and they have acquired extra
parking offsite.
• He would like to see further monitoring and consideration at a later date.
• He would like to see the trash situation addressed right away.
• He would prefer to see a single entrance in and out.
Fowler:
• Why not have a provisional trial for one in and out driveway.
• She thanked Mr. Orosz for the eye- opening report.
• Agreed that the trash enclosure should be relocated to the area suggested by Mr.
Sheppel.
Brown:
• Agreed with Nan on the parking issue.
• The applicants should work out placement of trash enclosures.
Keen:
• If the driveway were opened up would the interim solution provide angled or 90
degree parking?
At this point, Mr. Strong explained that the City is requiring insurance (City to be held
harmless) to be provided by the property owners before the driveways are altered.
Steve Orosz stated that they were trying to keep the interim solution simple so use of
signage would be used rather than angle the parking at this time.
Keen:
• Recommended right turn only if opening the drive for in only.
• Agreed with relocating the eight parking spaces.
• Re the one -way in and out on the drive nearest the creek, the City engineer
should make the decision after first seeing if the interim idea works.
• The trash container could be moved to the other corner to be more accessible to
the trash pickup trucks.
Arnold:
• He would only agree with the changes to driveways if the City gets the required
insurance.
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• The applicants should each provide their own trash containers, both should be
relocated at the same time and the responsibility should be shared.
Guthrie:
• It takes aggressive parking management to make parking work out.
• He agreed with Public Works that there may be significant conflict with the two
driveways being so close and it may not work; he was agreeable to the interim
measure but with significant review.
• He could only support the one way in and out.
• The owners should be encouraged to deal with the trash enclosure.
Commissioner Guthrie made a motion, seconded by Commissioner Fowler, to
recommend, as an interim measure for a period of six months, that the parking lot be
reconfigured for a single drive in on the west side and single out on the east side
including the insurance requirement and the proviso that this measure could be
changed overnight if it is perceived as being unsafe, and continue the review of all
issues to the December 7, 2004 meeting.
The motion was approved on the following roll call vote:
AYES: Chair Guthrie, Commissioners Fowler, Arnold, Brown and Keen
NOES: None
ABSENT: None
Sheppel 3 - Commission Comments:
Brown:
• Making the creek bank less than 25 feet- he would need clear -cut and strong
reasoning to approve this.
• He could not comment on the parking issue re the Pre -App at this time.
Guthrie:
• The creek bank issue would be driven by biology not the project.
• He had serious concerns with the traffic congestion re Sheppel 3.
• At this time he could not give much feedback as there was not enough on the
plans they had been given to review.
The Commission had no other concerns or comments.
B. CONTINUED ITEM: TENTATIVE TRACT MAP 04 -001; APPLICANT — CAMINO
MERCADO PARTNERS, LP; LOCATION — 579 CAMINO MERCADO. Staff
report prepared and presented by Associate Planner, Kelly Heffernon.
Ms. Heffernon briefly described the project proposal to review a condominium tract map
for a previously approved 60 -unit senior apartment complex and summarized the issues
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PAGE 6
brought up by the Commission at the meeting of May 18, 2004. In conclusion Ms.
Heffernon stated that additional conditions had been added as follows:
• One covered parking space be designated per unit located within 100 feet of the
respective unit.
• 200 cubic feet of storage space be added per unit.
In addition staff recommends:
• 15 moderate income restricted units be divided into nine moderate and 6 low
income housing units.
• Financial assistance be offered to the applicant up to difference between the
moderate and low income units (this recommendation is taken directly from Goal
`C' of the Housing Element).
In reply to questions from Commissioner Fowler, (Commissioner Fowler was absent the
last meeting), Ms. Heffernon stated:
• The applicant did have permits to cut the trees down and the applicants will have
to mitigate the removal.
• The footprint and number of units remain unchanged.
• The senior center is still included and the 55 and older requirement is still in
place.
Commissioner Arnold stated the permits to cut down the trees were issued with the
understanding that apartments would be built.
Chair Guthrie opened the hearing for public comment.
Gary Young, applicant:
• Asked to re- address comments later that did not relate specifically to the
Subdivision Map Act or the Resolution being made.
• Re the comment "bait and switch" from Commissioner Brown at the last meeting
- he took offence to this.
• Commission Arnold had stated that he had not seen stakes at the site- he had
taken pictures of the stakes to show the Commission.
• He advised the Commission to deliver their comments carefully.
Chair Guthrie closed the hearing to public comment.
Commission Comments:
Keen:
• The additional information did not change his opinion.
Arnold:
• He also would not change his opinion, but apologized for his comment on the
stakes.
• He believed the trees were taken incorrectly and that findings could be made to
deny this project.
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PLANNING COMMISSION
JUNE 1, 2004
Fowler:
• Staff, Commission, City Council and ARC all looked at and approved the tree
removal and she did not see that this was a different issue.
• This project is going to meet a need for housing for seniors in this area.
• The applicant has followed the rules and therefore she could approve this
project.
Brown:
• He stands by all his comments previously made.
• This project has gone through incremental changes.
• The trees were cut down- which is not the applicant's fault but the Commission's;
the applicant pulled permits with entitlement.
• This is now a new application and from a legal standpoint not proven based on
finding #4; he did not believe that the other aspects stated by the City for denial
apply in this issue, but he believed that the applicant did cause environmental
damage.
• Based on experience with this project he would take a much more cynical view of
proposals in the future.
• He could not support the project.
Guthrie:
• Stated that the change from apartment to condos is not a bookkeeping issue as
apartments are encouraged by the Development Code; the Commission looked
at apartments and agreed that the oak trees be removed.
• If this project came forward today as a condominium project, with senior center
and with 25% affordable housing I would vote for it.
• He recommended the City not pay down ownership condominiums between the
low and moderate - income units.
Chair Guthrie made a motion, seconded by Commissioner Keen, to recommend that the
City Council approve Tentative Tract Map Case No. 04 -001, and strike Condition of
Approval No. 20 relating to financial assistance from the City's Affordable Housing In-
Lieu Fund and adopt:
RESOLUTION 04 -1926
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE
TENTATIVE TRACT MAP CASE NO. 04 -001, LOCATED AT 579
CAMINO MERCADO, APPLIED FOR BY CAMINO MERCADO
PARTNERS
The motion was approved on the following roll call vote:
AYES: Chair Guthrie, Commissioners Keen and Fowler
NOES: Commissioners Arnold and Brown
ABSENT: None
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PLANNING COMMISSION
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the foregoing Resolution was adopted this 1 day of June 2004.
The Commissioner took a 10- minute break.
PAGE 8
C. DEVELOPMENT CODE AMENDMENT & GENERAL PLAN AMENDMENT CASE
NOS. 04 -001; APPLICANT — CITY OF ARROYO GRANDE; LOCATION — 295,
279 AND 265 ALDER STREET. Staff report prepared and presented by Associate
Planner, Kelly Heffernon.
Ms. Heffernon gave an overview of the proposal for a change in zoning from Single
Family (SF) to Senior Residential (SR) and General Plan Amendment to eliminate the
Planned Development overlay. The applicant is proposing to remove the two existing
single - family residences and construct a new two -story facility to blend with the existing
neighborhood. All of the issues related to the proposal will be reviewed in more detail
when the Conditional Use Permit is processed. In conclusion, Ms. Heffernon stated that
staff is recommending that the Planning Commission approve the resolution
recommending that the City Council approve the City initiated Development Code
Amendment (DCA) and General Plan Amendment (GPA).
In answer to Commission questions staff clarified the zoning and the PD designation,
gave some history on the zoning designations and explained that the City wants to
make all three lots Senior Residential.
Chair Guthrie opened the hearing to the public.
Jo Ann Bazer Tose, 295 Alder House (owner), stated that many of the residents are
local and want to remain in the neighborhood and they (Alder House) need to expand;
their business is a locally owned, family run, small business; they are sensitive to the
concerns of the neighbors; they have never removed any oak trees and do not intend to
even with the expansion.
Commissioner Brown stated that because they had received a number of letters with
concerns about the proposal he would recommend that their concerns re the scale of
the proposed building and the parking be addressed ahead of time.
Ms. Bazer Tose agreed with Commission Brown and stated that she wanted the
building to blend in with the neighborhood and had asked the neighbors to come to a
meeting, but only one had come forward.
David Mann, 270 Alder Street, stated they had enjoyed a good relationship with Alder
House, but he now had concerns with the change of zoning and that it was not just a
remodel but a large, two story development; he had concern with density and parking
and that traffic flow restrictions on residential streets would result.
John Austin, 300 Alder Street, had concerns with the parking, especially with employees
that might park on street if this expansion takes place.
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JUNE 1, 2004
Chris Skolater, Alder Street, asked if people living in the two existing homes would have
to relocate because of this expansion and if they would get any compensation.
Chair Guthrie closed the hearing to the public.
Commission Comments:
Fowler:
• Agreed with General Plan Amendment when it was approved.
• The applicant needs to talk more to the neighbors.
• The Commission will be reviewing this project carefully when it comes forward.
• She agreed to the zone change.
Brown:
• He agreed to zone change.
• Parking is a huge issue.
• Mass and scale is a huge issue.
• The building would need to blend in with the neighborhood.
• Setback from the street with two stories is important.
• Good neighborhood relations are very important.
Keen:
• He approved of the zone change.
• Concerns of neighbors will be addressed when it comes back for consideration in
a Single Family neighborhood.
• He also had concerns with the parking.
Arnold:
• He had concern with the density /parking requirements.
Ms. Heffernon stated the parking requirements for Senior Housing and said employee
parking areas would be addressed.
Guthrie:
• This was considered in the General Plan as a location for the expansion of this
kind of service (Senior Housing).
• He would prefer to have the PD zoning remain and designate the zoning when
required.
Commissioner Keen recommended the General Plan Amendment be approved and
conditioned that it would not go into effect until the three lots are merged. Mr. Strong
said they could recommend this.
Commissioner Keen made a motion, seconded by Commissioner Arnold to recommend
that the City Council approve GPA and DCA 04 -001 and that the Amendments would
not go into effect until the merger of the lots is recorded and adopt:
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RESOLUTION 04 -1927
The motion was approved on the following roll call vote:
AYES: Commissioner Keen, Arnold, Brown, Fowler and Chair Guthrie
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 1 day of June 2004.
PAGE 10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
APPROVE GENERAL PLAN AMENDMENT 04 -001 FOR PROPERTY
LOCATED AT 265, 275 AND 295 ALDER STREET, APPLIED FOR BY
THE CITY OF ARROYO GRANDE
D. DEVELOPMENT CODE AMENDMENT 04 -003; APPLICANT — CITY OF
ARROYO GRANDE; LOCATION — CITYWIDE. Staff report prepared and
presented Administrative Intern, Jon Ansolabehere.
Jon Ansolabehere presented the staff report regarding a proposal to provide
undergrounding utility in -lieu fees in order to allocate and concentrate undergrounding
utility efforts in areas designated as Undergrounding Districts, and to provide an option
to the underground utility requirement in instances where immediate undergrounding of
utilities is determined to be inappropriate. He stated that the undergrounding utility
requirement is not intended to discourage small residential redevelopment; the
undergrounding utility fee will appropriately deal with problematic situations while still
holding developers financially responsible for the requirement; commercial, industrial
and large residential developments have more financial ability and should be held to a
more strict standard, but they may be eligible for an in -lieu fee if the Planning
Commission or City Council deems it appropriate on a case -by -case basis. In
conclusion, Mr. Ansolabehere stated that the Development Code Amendment was
prepared based on a request from the Planning Commission.
In reply to a question from Commissioner Brown, Mr. Strong explained that there are
areas that will achieve full commitment to undergrounding and in -lieu funds could be
used to augment these areas and entire neighborhoods will be aesthetically improved.
Commission Comments:
Keen:
• It is important to verify for new projects that the onsite shall be undergrounded.
• Section 3, F: An in -lieu fee should still be paid even if the requirement to
underground is entirely infeasible. Mr. Strong stated presently the Planning
Commission can waive the fee if it is deemed infeasible, but suggested this could
be decided by City Council; the only instance where staff could waive the
requirement is where we collect a fee.
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Arnold:
• Due to escalating costs the "per foot" cost can be increased when necessary and
implemented administratively.
• He was in support of the Ordinance.
Mr. Strong explained that staff would gather cost estimates from the utility companies
and prepare information to take forward to City Council to enable a predetermined fee;
the fee could be adjusted each year based upon engineering cost records.
Fowler:
• Asked for clarification on Section 2, C. 2. that states "each side of the property'
does this mean all four sides? Mr. Strong explained that it is based on where the
utilities exist and "with overhead utilities" should be added to clarify this.
• Asked for clarification: If person is just upgrading their house could an in -lieu fee
be waived for this? Chair Guthrie explained that if the undergrounding cost is
more than 25% of the improvement then it would not be required. Mr. Strong
added that is why staff added Section 3, F.
Commissioner Arnold made a motion, seconded by Commissioner Keen to recommend
that the City Council adopt the Ordinance amending the Municipal Code Section
16.68.050 (Development Code) to establish an underground utility in -lieu fee with
clarification of Section 2, C.2.
The motion was approved on the following roll call vote:
AYES: Commissioners Arnold, Keen, Brown, Fowler and Chair Guthrie
NOES: None
ABSENT: None
Commission and Staff thanked Jon Ansolabehere for his presentation.
IV. NON PUBLIC HEARINGS:
A. STAFF PROJECT 04 -006 - HISTORIC RESOURCES COMMITTEE; APPLICANT
— CITY OF ARROYO GRANDE; LOCATION — CITYWIDE. Staff report prepared
and presented by Planning Intern, Andrea Koch.
Ms. Koch gave an overview of her report on the establishment of a Historic Resources
Committee and a Historic Designation Process for the City of Arroyo Grande explaining
that a Historic Resources Committee (HRC) would oversee and conduct the initial
expansion and update of the Historic Resource Survey (HRS) as well as any additional
broad - sweeping survey efforts. She described how the designation process could work
and how the ARC and Planning Commission would be involved. In conclusion, Ms.
Koch stated that historic resource nomination should first be made to the ARC and the
Community Development Department and then to the Planning Commission.
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Commission Comments:
Keen:
• Concern that the City would be making a decision for a homeowner who may not
want to be on a register.
• He disagreed with trying to enforce views on someone not inside City limits.
• Where the document states "encourage" it seems more like a mandate, and
property owners should have some rights.
• Criteria should be set up before a committee is appointed.
• Someone may want to abide by requirements but not be on the list; they should
have the option to not be on the list.
• Alternative 3: Concern that someone disagreeing with historic preservation
mandates for their property would have to pay appeal fees; what would the
appeal fees be?
Ms. Koch suggested that if someone does not want to be listed they could voluntarily
comply with recommendations.
Mr. Strong said he would like to see a committee independent of the ARC, composed of
historians and Architects; the review could then be done by ARC, CDD and Planning
Commission. If a property is listed without the owner's consent it would take City
Council action to designate it historic; we want to follow the intent of CEQA and City
Council's interest; being on the list should be considered beneficial.
Arnold:
• He was not comfortable with Alternative 3 and not clear on why a homeowner
would want to be on a list unless there was some solid benefit.
• There could be some substantial cost involved for the City if it undertakes an
historic preservation ordinance.
Mr. Strong said it could be quite expensive to do a full - fledged evaluation on an
individual historic property, but if we have the right personnel on the Committee we
could end up with predominantly citizen nominations with a definitive list.
Commissioner Keen stated historic structures like the Swinging Bridge could be
nominated.
Commissioner Arnold suggested that there be a hurdle set, that the documentation
needs to meet, to avoid unlimited cost and extensive research that no one would want
to undertake. Mr. Strong explained that the process for reviewing nominations of the
historic resources to the local register was based on the Town of Danville's ordinance
(as explained in the staff report).
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Fowler:
• Does the Arroyo Grande Historical Society have any recommendations for
nominations? Mr. Strong replied that they do have a lot of human resources who
could identify structures that are historic
• Should the list be compiled by using State criteria and not local criteria to make
listing of historic structures more restrictive?
• The HRC should not be a formal review body at first, but maybe start out as an
advisory board.
• Owner consent is an important issue.
Brown:
• Only considering what the State deems historically significant instead of
establishing local criteria for designation misses the point of why we started this
process.
• He did not think ARC /HRC should be responsible for making CEQA decisions,
but they should be made by Planning Commission or City Council to keep a
historical perspective
• He did not think the ordinance should be strictly voluntary, but based on specific
criteria with objectives that can be tested to take out the emotional response.
• He agreed with Commissioner Arnold that if a property is listed the owner should
be given some benefit (financial) because the level of responsibility that would
be put on the owner would be arduous and should be rewarded.
In reply to a question from Chair Guthrie, staff replied that in other cities if City Council
makes the determination it is mandatory,, but they do provide benefits:
Guthrie:
• Thinks it has to be mandatory to work.
• Once a property has been nominated by HRC, ARC or PC could make design
decisions based on this.
• He sees the HRC making the nominations and thereafter being out of the
process; HRC could have additional nominations annually (sees them as a mini
CEQA review).
• Under mandatory issues he would like to see other City examples of mandatory
versus not mandatory.
• Any advantage we can give to an owner of an historic building should be given,
and any property owner could appeal their decision and ultimately City Council
would make the decision.
The Commission thanked Ms. Koch for her work and stated she did a good job.
V. DISCUSSION ITEMS:
1. Appeal Case No. 04 -001; Applicant — S & S Homes; Representative — John Mack;
Location — Jasmine Place.
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Mr. Strong said this is not a situation where they would normally recommend a waiver,
but he would like to allow the applicant to make a presentation.
John Mack, representative for S & S Homes, stated it was not until "Plan Check" for
offsite improvements (after going through all the Committees for approval) that the
interpretation of the undergrounding came to light; he believed that the Subdivision Map
Act is the project boundaries; they appealed staffs decision to require utilities for 350
feet plus beyond their project to the corner of Spruce and Ash Streets; they did not see
how staff is getting their interpretation from Conditions of Approval and he discussed the
Condition of Approval language, Development Code language and subdivision map act
language (to take improvement beyond project boundaries should require
reimbursement to the developer for such costs); it is a multi utility line and could cost in
excess of $250,000.
Mr. Devens stated that staff discussions had taken place prior to plan check informing
the applicant of the requirement to underground to corner of Spruce and Ash Streets;
that the developer was intending to place a new pole set just outside their project, but
on neighboring property; that he did not recall seeing any service drops coming from the
pole and that these line do directly serve his project; that PG &E could install conduit
adjacent to gutter, under pavement to save cost; that Stonecrest and the Santa Lucia
Project had been required to go beyond their property boundaries.
Mr. Strong stated he was sympathetic to both sides; that he was disturbed with this as
he had sat through the Dotson subdivision pole appeal; that he would like to see a
written explanation for the cost without the placement of a new pole; that he would like
to see a compromise and that reimbursement could be considered.
Mr. Strong gave an explanation of "unreasonable" to the Commission as included in the
Conditions of Approval.
Mr. Devens asked Mr. Mack if they would be expecting reimbursement to tie into the
storm drain lines to a City system that go beyond the Jasmine property? Mr. Mack said
he believed that the lines had already been extended when they did the Berry Gardens
project.
Commission Comments:
Keen:
• He agreed that the City should give some reimbursement, but it does need to be
done because there is nothing left on that street that would trigger
undergrounding.
• He then suggested a number of ways to design and lower the costs.
Arnold:
• It would be unfair to put a pole on the adjacent property owner.
• There are examples where the City has required the developer to go to next pole
with the undergrounding.
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Mr. Mack said they could put a pole within their own setback.
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• It sounds as though there may be more affordable ways to do this, but there
should be some compromise; he suggested further negotiation.
Fowler:
• There should be some compromise.
Brown:
• He agreed with Commissioner Keen's comments.
Guthrie:
• There should be compromise, but if it comes down to a pole being placed it
should be terminated on your own property.
Mr. Strong summarized by stating that some compromise should be sought; seek Tess
expensive alternatives; create some form of reimbursement provision for offsite aspects
of this; if no resolution can be reached we can return with the request for a full waiver as
staff is not going to administratively waive it. If we do not get a definitive answer the fee
protest mechanism (bonding) can be in place and it could go all the way to Council; we
do not want to hold the project hostage.
VI. PLANNING COMMISSION ITEMS AND COMMENTS:
Commissioner Brown asked that the mitigation of Oak trees for City projects be put on
an agenda. Mr. Strong stated he would like to defer this item until September as there
are special projects scheduled for the next few months.
Commissioner Keen stated that he was disappointed on the decision that the Council
made in regard to the Code Enforcement Officer, surprised that the captains on the Fire
Department were going to do code enforcement in their spare time; when it comes to
Development Code and signs etc. he did not believe that they (captains) would have
time to deal with this; after all the years that the Planning Commission had been trying
to get a Code Enforcement Officer; he was disappointed that when we did get a full time
Officer he was not able to go out and originate the complaint; he had talked to the
Grover Beach City Manager and learned that removing the Code Enforcement Officer
has not been considered.
Mr. Strong stated the proposal had come from discussion with Grover Beach; he was in
process of preparing for the June 8 Council meeting and a program is being outlined for
a part time Code Enforcement specialist, plus a Fire Department and other department
specialists to enforce the City code. He stated the meeting of June 22 would be the
next significant hearing on this; he had not been aware that the Planning Commission
had prior input on the code enforcement function; the Commission could place this on
the July agenda for discussion if they wished.
MINUTES
PLANNING COMMISSION
JUNE 1, 2004
VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP:
None.
VIII. TENTATIVE AGENDA ITEMS FOR JUNE 15, 2004: No Discussion.
IX. ADJOURNMENT:
The meeting was adjourned at 11:35 p.m. on a motion by Commissioner Arnold,
seconded by Commissioner Keen.
ATTEST:
ARDON- SMITH,
SECRETARY TO THE COMMISSION
AS TO CONTENT:
0 0 .E
ROB STRON
COMMUNITY DEVELOP ENT DIRECTOR
(Approved at PC meeting of June 15, 2004)
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AMES GUTHRIE, CHAIR
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