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PC Minutes 2003-07-011 1 1 CITY OF ARROYO GRANDE SPECIAL MEETING - PLANNING COMMISSION JULY 1, 2003 CALL TO ORDER: The Arroyo Grande Planning Commission met in regular session with Chair Guthrie presiding; also present were Commissioners Brown and Fowler. Commissioners Arnold and Keen were absent. Staff members in attendance were Community Development Director, Rob Strong, Associate Planners, Kelly Heffernon, and Teresa McClish, Assistant Planner, Ryan Foster, Planning Interns, Jim Bergman and Kristin Krasnove, Public Works Engineer, Mike Linn. AGENDA REVIEW: No changes in the agenda. APPROVAL OF MINUTES: The minutes of June 3, 2003 were moved for approval to the meeting of July 15, 2003. ORAL COMMUNICATIONS: Mike Linn, Public Works Engineer, introduced the newly appointed Public Works, Associate Engineer, Victor Devens. WRITTEN COMMUNICATIONS: 1. Letter dated June 24, 2003 from Patrick Wheeler regarding Tentative Tract Map 03- 001 & Planned Unit Development 03 -003, 185 -187 Brisco Road. 2. Letter dated June 24, 2003 from Greg Nester, regarding Vesting Tentative Tract Map 02 -005, Lot 182, Tract 1390, Grace Lane. 3. Information regarding item IIF — Draft Report on the Conservation of Prime Agricultural Resources in the City. a. Amended Appendix F. b. Letter from Mr. Alter, 354 Corbett Canyon Road, dated June 30, 2003. c. Letter from Melissa Guise, Air Pollution Control District, dated June 11, 2003, in support of the item. 4. Conditions of approval re Item II.A, Tentative Parcel Map Case No. 03 -002. PUBLIC HEARING ITEMS II.A - TENTATIVE PARCEL MAP CASE NO. 03 -002; APPLICANT — BLAKE CHAFFEE; LOCATION — CORBETT CANYON ROAD. Staff report prepared and presented by Ryan Foster, Assistant Planner. Ryan Foster gave an overview of the project of the 4 -lot parcel map. Chair Guthrie opened the Public Hearing. Blake Chaffee, applicant, stated that he had a permit from CALTRANS for access to the site off Highway 227, and that the Fire Chief had no issues with this access. Chair Guthrie closed the public hearing. Commissioner Brown made a motion, seconded by Commissioner Fowler, to approve the Tentative Parcel Map including Exhibit "A" and adopt: PLANNING COMMISSION MINUTES JULY 1, 2003 PAGE 2 RESOLUTION 03 -1875 A RESOLUTION OF THE PLANNING COMMISION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP 03 -002 LOCATED ON CORVETT CANYON ROAD APPLIED FOR BY BLAKE CHAFFEE The motion was approved on the following roll call vote: AYES: Commissioners Brown, Fowler and Chair Guthrie NOES: None ABSENT: Commissioners Arnold and Keen. the foregoing resolution was adopted this 1 day of July 2003. PUBLIC HEARING ITEM II.B - APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION TO APPROVE TEMPORARY USE PERMIT CASE NO. 03- 010; APPLICANT — KHATCHIK ACHADJIAN, KATCH -KO MOBIL STATION; LOCATION — 1294 GRAND AVENUE. Staff report prepared and presented by Kristin Krasnove. Ms. Krasnove gave an overview of the appeal, explaining that the Temporary Use Permit was for placement of a groundwater remediation system at the Mobil Station and that staff was recommending denial of the appeal. In reply to questions from the Commission Ms. Krasnove stated that the remediation is a State requirement and temporary improvements would comply with City codes. Chair Guthrie opened the Public Hearing. Mr. Byrd, the applicant who initiated the appeal, explained that some of his reasons for concern were for public safety during construction, impact on the . neighboring properties, that Benzene may drift toward these properties, the noise of the compressor, that remediation may not work at this site and that he did not think public agencies were communicating with each other. Richard Bachy and Zach Moran, PW Environmental, addressed each of Mr. Byrd's concerns and answered questions from the Commission: • They did have permits from Environmental Health (and that E.H. had been monitoring the site) and Public Works. • Noise and traffic control were being addressed. • This type of remediation works very well. • The site is not heavily contaminated — there are no toxic chemicals, just contaminated soil in the ground and no indication of contamination below the clay. • The State Regional Water Quality Control Board (RWQCB) wants it cleaned up immediately because of the MTBE being close to City water. • As the work proceeds monitoring is continuously being done. PLANNING COMMISSION MINUTES JULY 1, 2003 PAGE 3 The Commission stated they were not knowledgeable on remediation systems, but could see no harm from the proposed remediation and they therefore would agree with the experts to deny the appeal. . Mr. Strong said RWCB could not confirm that remediation would be complete in 6 months, but if an extension of the TUP were required, it would come back for consideration to the Commission. The Commission stated they would like a more complete report from staff if it does come back. Commissioner Brown made a motion, seconded by Commissioner Fowler, to deny the appeal of the Temporary Use Permit. The motion was approved on the following roll call vote: AYES: Commissioners Brown, Fowler and Chair Guthrie NOES: None ABSENT: Commissioners Arnold and Keen. PUBLIC HEARING ITEM II.C: DEVELOPMENT CODE AMENDMENT CASE NO. 03- 004; APPLICANT — ST. JOHN'S LUTHERAN CHURCH; LOCATION - 959 VALLEY ROAD. Staff report prepared and presented by Rob Strong, Community Development Director. Mr. Strong explained the proposed prezoning for annexation of the church property to the City and in reply to questions from the Commission said that maintenance of the flood control channel would not be the responsibility of the City. Chair Guthrie opened the public hearing and hearing none closed it. The Commissioners agreed that the proposed "PF" prezoning for annexation of the church property was appropriate. Commission Brown made a motion, seconded by Commissioner Fowler to recommend City Council approve the Development Code Amendment to prezone the annexation Public Facility (PF) district and adopt: RESOLUTION 03 -1876 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE PURSUANT TO DEVELOPMENT CODE AMENDMENT 03 -004 TO PREZONE TO PUBLIC FACILITIES (P.F.) ALL PROPERTIES WITHIN THE PROPOSED SAINT JOHN'S ANNEXATION TO THE CITY OF ARROYO GRANDE The motion was approved on the following roll call vote: PLANNING COMMISSION MINUTES JULY 1, 2003 PAGE 4 AYES: Commissioners Brown, Fowler and Chair Guthrie NOES: None ABSENT: Commissioner Arnold and Keen. the foregoing resolution was adopted on this 1 day of July 2003. PUBLIC HEARING ITEM II.D: AMENDED CONDITIONAL USE PERMIT (ACUP) CASE NO. 03 -003; APPLICANT — CAMINO MERCADO PARTNERS, LP; LOCATION — 597 CAMINO MERCADO. Staff report prepared and presented by Kelly Heffernon, Associate Planner. Ms. Heffernon stated this proposal was for consideration of amended plans for sixty (60) two- bedroom senior apartments. She requested the ACUP be continued to the August 5, 2003 meeting, explaining the reasons for the request. Commissioner Brown made a motion, seconded by Commission Fowler to continue the hearing to the meeting of August 5, 2003. The motion was approved on a 3/0 voice vote, Commissioners Arnold and Keen being absent. PUBLIC HEARING ITEM II.E - 2 003 HOUSING ELEMENT UPDATE, WORKSHOP NO. 4. Staff report prepared and presented by Kelly Heffernon, Associate Planner. Ms. Heffernon gave an update on the Housing Element programs and explained that the focus of the Commission at this workshop would be on the Goals and Policies in Chapter 2. She then asked the Planning Commission if they could schedule a special meeting on July 29, 2003 to discuss the programs. The Public Hearing was opened. Hal Rosen, Local Housing Task Force (LHTF) member, commented on the goals and policies A2, A6, A8, Al2, B1, B4 & E4. He had questions to staff regarding inclusionary housing (F -1). Jerry Bunin, LHTF member, stated that in -lieu fees can be a valuable resource kept at a reasonable level and that inclusionary housing has only created 800 units in the State. Ed Dorfman, 285 La Cresta, stated that there is an urgency to plan for growth; in -lieu fees can never provide enough money for housing; the City "should" annex land; agreed with Mr. Rosen that you should not put lower income people in h igher cost housing areas; suggested using bonds to raise money; believes inclusionary housing does not work. The Public Hearing was closed. The Commission then reviewed and commented on the goals and policies where applicable. 1 PLANNING COMMISSION MINUTES JULY 1, 2003 PAGE 5 Chair Guthrie commented that in our community in -lieu fees have not worked, but inclusionary housing has worked. The Commission stated they would like to return to continue discussion of these items and the programs on July 29, 2003 when all Commissioners would be present. PUBLIC HEARING ITEM II.F - CONTINUED ITEM: STAFF PROJECT CASE NO. 03- 004 - AGRICULTURAL CONSERVATION; APPLICANT — CITY OF ARROYO GRANDE; LOCATION — CITY OF ARROYO GRANDE. Staff report prepared and presented by Teresa McClish, Associate Planner, and Jim Bergman, Planning Intern. Ms. McClish gave an overview of the report, addressed the policy alternatives concerning the conservation of prime agricultural lands in Arroyo Grande and stressed that this document is still a draft. The Commission had no questions and the hearing was opened to the public. Bill McCann, 575 Crown Hill, congratulated staff on the report. He stated the goal of the City should be to maintain every bit of the 235 remaining acres of prime soils designated for a gricultural use and that t he City s hould be a I eader i n a ny efforts to maintain this resource. He would like to see some simplified programs — not cumbersome to administer. Nick Alter, 354 Corbett Canyon Road, referred to his comment letter regarding the staff report. Ed Dorfman, 285 La Cresta, commented that the rules were being changed in the policies of City of Arroyo Grande, they were in total in opposition of the real world and represent the policies of people who have homes and like open space. He suggested a bond issue to buy conservation easements. He stated that some small parcels are not being farmed and would make excellent housing sites. Chuck Fellows, 202 Canyon Way, asked what other jurisdictions addressed Public Relations concerning agricultural conservation - raise bond issue. Ella Honeycutt, 561 Hausna Road in response to Chuck Fellows stated that the grape growers and greenhouse advocates have done a good job with P.R. and that an Ag Tourism map is due out soon. Howard Mankins, 200 Hillcrest Drive, commented on the strong language used in the Purpose and Findings handout and said that nothing is permanent if it is unreasonable, asked where were the farmers tonight and stated that a church cannot be precluded on agricultural land according to Federal law. Chair Guthrie closed the public hearing and Ms. McClish answered Commission questions. PLANNING COMMISSION MINUTES JULY 1, 2003 PAGE 6 The Commission discussed some of the items under the heading of "Summary of Alternatives ", commented on the report and discussed the chart in the Agriculture Conservation Study regarding General Plan and Zoning Inconsistencies. Commission comments: • Given General Plan policies and the recommendations, — Class 1 & 2 should remain designated Ag, excluding the Hayes property which is not prime soil. • Stated there was no discussion at Planning Commission on any of the properties that the Council later redesignated from Agriculture and no specific findings or mitigation for these changes to the 2001 General Plan. • The changes were inconsistent with policies and goals of General Plan regarding prime Ag lands. • Suggest the LESA Program could be modified to fit local jurisdictions - add language to the Alternatives. • Properties listed should be re- designated Agriculture rather than rezoned, until site - specific findings for rezoning and conversion can be demonstrated by private application. Buffers were then discussed by the Commission: • Commissioner agreed with 100 -foot minimum buffers with provision that when development takes place the minimum buffer could be increased if appropriate. Rob Strong said staff would bring back the Mitigation ordinance on July 15, 2003 and continue discussion of the report at that time. The Commission requested that this item be placed on the agenda no later than 7:00 p.m. to allow more time for discussion. NON - PUBLIC HEARING ITEM III.A: TIME EXTENSION CASE NO. 03 -002; APPLICANT — BILLY D. SUTTON; LOCATION — 1171 ASH STREET. Staff report prepared and presented by Ryan Foster, Assistant Planner. Jim Bergman, Planning Intern gave an update on this project. The Commission approved the one -year Time Extension for Tentative Parcel Map 99- 003 and Planned Unit Development 99 -003. Commission Fowler made a motion, seconded by Chair Guthrie to approve the Time Extension and adopt:: RESOLUTION 03 -1881 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TIME EXTENSION 03- 002 FOR TENTATIVE PARCEL MAP 99 -003, LOCATED AT 1171 ASH STREET 1 1 PLANNING COMMISSION MINUTES JULY 1, 2003 PAGE 7 The motion was approved on the following roll call vote: AYES: Commissioners Brown, Guthrie and Fowler NOES: None ABSENT: Commissioners Arnold and Keen PLANNING COMMISSION ITEMS AND COMMENTS - None COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW -UP: Mr. Strong addressed letters from: 1. Rick Wheeler regarding Tentative Tract Map 03 -001 & Planned Unit Development 03 -003, 185 -187 Brisco Road, stating that City Council did resolve the issue that the current allowance for in -lieu fees for projects with less than 12 units should be continued and fees collected. The Commission stated they would like to bring this project back for reconsideration at a public hearing to enable change of condition. 2. Letter from G reg N ester, regarding Vesting Tentative T ract M ap 02-005, Lot 1 82, Tract 1390, Grace Lane. The Commission agreed that the applicant should have to provide a proposal for affordable housing. ADJOURNMENT - The meeting was adjourned at 11:00 p.m. on a motion by Commissioner Fowler, seconded by Commissioner Brown, and una 'mously approved ATTEST: LYN REARDON- SMITH, COMMISSION CLERK AS TO 0ONTE► .� -' R 0 B ' TRONG;■__ COMMUNITY DEVELOP ENT DIRECTOR JA S GUTHRIE, CHAIR