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PC Minutes 1997-10-211 1 1 ARROYO GRANDE PLANNING COMMISSION OCTOBER 21, 1997 The Arroyo Grande Planning Commission met in regular session with Chair Lubin presiding. Present are Commissioners O'Donnell, Rondeau and Haney. Commissioner Greene is absent. Associate Planner Bruce Buckingham and Assistant Public Works Director Craig Campbell are also in attendance. APPROVAL OF MINUTES On motion by Commissioner Haney, seconded by Commissioner O'Donnell, and unanimously carried, the minutes of the Planning Commission meeting of September 16, 1997 and Special Joint Meeting of the City Council and Planning Commission of October 1, 1997 were approved as prepared. ORAL COMMUNICATIONS Sara Dickens, 3638 Blair Way, Torrance, California, owner of the property at 769 Branch Mill Road, stated their farm is located on the southeast end of town. They are faced with the City of Arroyo Grande exercising their right of eminent domain to obtain part of their farmland to solve a regional drainage problem. For the sake of development, the City has had to use prime agricultural land to develop a drainage system so that development can continue unabated. She stated that rich alluvial soils in a flood plain is not an infinite renewable resource and cannot continue to be treated that way. The City has a moral responsibility to uphold their commitment to protect agricultural lands from urban development. Ms. Dickens advised they received a notice that the City is going to exercise their right of eminent domain to take 1.38 acres of their land. Initially, the City project started out as an underground drainage pipe that would only have temporarily affected their farming operations. Then the project became an 8 foot wide open ditch easement with 15 feet on either side. The City of Arroyo Grande is exercising its right of eminent domain for acquisition of 50 feet of the property all along the westerly section of Branch Mill Road, and they are also taking 70 feet by 400 feet along Fast Cherry Avenue. Jim Dickens. 769 Branch Mill Road, representing the Dixson Ranch Agricultural Preserve, referred to the City's proposal for a regional drainage solution for the flood waters originating at Newsom Springs Canyon. He advised the City has given them a notice of acquisition of 1.38 acres of Class 1 Prime farmland The Newsom Springs drainage problem is not a new issue; a comprehensive drainage solution was proposed in 1984 -85 and has been a highly debated issue throughout the Coker Ellsworth project planning. Now within the past two months, City staff is pushing a less than adequate concept which has far reaching implications. He stated, it is their opinion, this project is moving in a very expedited fashion; they want to see this project addressed adequately and a long term solution developed. Also, they want to ensure the continued viability of farming. Some of the questions they need answers to are: What is the project; as of yesterday, John Wallace was unable to give him a copy of the Newsom Springs drainage project because it is in the preliminary stages of design. If this is true, then how the City know just how much of this property to acquire; what hydraulic studies have been done to justify this proposed project; how many cubic feet of water is this project expected to withstand; why hasn't the City taken advantage of the Flood Control engineers from the Natural Resources Conservation Services, and why has the project concept grown from an underground pipe system to an 8 foot open ditch to a 20 foot open ditch in the past two weeks? Also, what is the time line and maintenance plan and revegetation plan for this project? Arroyo Grande Planning Commission Page 2 October 21, 1997 Mr. Dickens stated his family would like to offer an alternative plan to the City of Arroyo Grande, as follows: "Acknowledging the City's long term commitment to the preservation of agricultural land as stated in the current General Plan and the Land Conservation Contract between the City of Arroyo Grande and the Gordon F. Dixson Trust, we offer an alternative proposal to the property acquisition as presented in the letter from Christine C. Fitzgerald, dated October 13, 1997. This alternative is proposed to alleviate the increasing current concerns about flooding during the expected weather and unusual winter, and to create additional time for suitable long range planning to address the drainage project closer to the source of the problem. We propose that the City of Arroyo Grande obtain a temporary limited term easement of the said real property legally described in the attachment Exhibit "A" and Diagram Exhibit "B" to address the potential flooding for this winter's 1997 -1998 storms. This said easement would be temporary and limited to three years, renewable upon agreement with both parties. Property owner to be compensated through a lease agreement with the City based on a price of $500.00 an acre per year. The City of Arroyo Grande develop a permanent drainage solution at the source of the water problem at the inlet near Newsom Springs Road." In closing, Mr. Dickens read the first portion of the Land Conservation Contract between the City of Arroyo Grande and the Gordon F. Dixson Trust, entered into on the 20`a day of January 1977. Nanci Parker. 129 E. Cherry Avenue, stated she spoke to the City Council last week about the water flow from Newsom Springs runoff that comes down and turns on the Dixson's property, and the fact that Cocker Ellsworth's property is being raised by four feet concerned her and the neighbors that live around there. She stated she looked at the plans, and a 90 degree turn for water not make sense and n't look like it would work. She referred to the alternative offered by the Dixson Estate tonight for a temporary solution until a permanent solution can be offered, stating maybe that needs to be considered. Larry Turner. 323 Noguera Place, referred to a letter he wrote to the City Council, dated October 21, 1997 regarding the Newsom Springs water drainage problem. He stated perhaps the temporary easement offered by the Dixson Estate may be a good choice for the short range approach. Otis Page, 606 Myrtle Street, spoke regarding review of the Wal -Mart project, stating that the issue revolved around the fact whether there was substantial conformance or not; the City staff took the position that there was substantial conformance. The Commission took the position, after extensive study, that there was a problem, however, the question was never asked whether the staff agreed with the Commission's assessment. He further stated it bothers him that the Commission's good work was ignored; this reveals a flaw in the process. Mr. Page spoke to the issue brought up by the Dickens, and the way the City conducted itself since this Planning Commission made the decision on the Coker Ellsworth property. At that time $250,000 was allocated for a resolution of the water drainage of that specific section at East Cherry and Branch Mill Road. Ten months have gone by and we still don't have a definitive answer. Chair Lubin stated he is sure some members of the Commission will look into the above concerns. The drainage proposal has not been before the Commission, and the Commission has not been a part of the decision making process. 1 1 1 Arroyo Grande Planning Commission Page 3 October 21, 1997 NON - PUBLIC HEARING - PRE - APPLICATION REVIEW FOR A FAST FOOD RESTAURANT WITH DRIVE - THROUGH; APPLICANT: NISSJAC, INC.; REPRESENTATIVE: MARK VASQUEZ; LOCATION: NORTHWEST CORNER OF FAEH AVENUE AND EL CAMINO REAL Associate Planner Bruce Buckingham reviewed the staff report dated October 21, 1997. He stated the applicant is requesting feedback on a conceptual plan for a fast food restaurant with drive - through, located at the corner of El Camino Real and Faeh Avenue. Mr. Buckingham advised that the Staff Advisory Committee has reviewed the project and discussed several issues and Code requirements. Since that meeting several weeks ago, the Public Works Department further reviewed an existing 20 foot easement along El Camino Real for road purposes and, in looking at that, because the easement could be used for future widening of El Camino Real, staff would recommend that no parking spaces be developed within that easement as now shown on the plans. Mr. Buckingham noted that the pre - application review is not a public hearing, however, in this case all property owners within 300 feet of the project were notified. This was not required by law, but by the applicant's choice. He summarized that the applicant is seeking feedback on 0 whether the Planning Commission would support the proposed project and the Planning Commission should consider providing feedback on what issues or concerns exist regarding the conceptual plan. In answer to Commissioner Haney's question regarding the 20 foot easement, Mr. Buckingham advised the reason staff feels it is preferable just to landscape the area is if, in the future, it is widened, only the landscaping would have to be removed and not improvements. Commissioner Rondeau inquired about the width of the driveway that comes out on to Faeh Avenue Assistant Public Works Director Craig Campbell advised it appears to be approximately 26 feet. Commissioner Rondeau expressed concern about the feasibility of admitting all of those automobiles on to Faeh Avenue. Mr. Campbell stated he feels this is a reasonable location, however, this is something for the Planning Commission to consider. He further stated the location is close enough to El Camino Real where the traffic is not going to involve a lot of residences and is set back far enough where the intersection conflicts are not going to be a major problem. The alternative would be to outlet the traffic on El Camino Real, and that may be something for the Commission to look at. Chair Lubin invited the applicant to address the Commission. Mark Vasquez, representing the applicants, stated this pre - application review is simply a fact - finding mission; they would like to find out what the Commission's concerns are and what concerns the neighborhood might have regarding development of this site. He commented that any development there is going to require circulation and access. What they have attempted to do in the layout is to provide access from El Camino Real, which it is felt will be the bulk of the access into the project, but have also aligned an ingress egress point with the intersection of Alpine Street that could be well controlled. The drive- through access is intended to come in from one or the other of those points, and the purpose of exiting onto Faeh Avenue is because it would be a safer maneuver with better sight distance. To come out the other way would create a difficult turning radius and would also create some congestion at that entry point at El Camino Real. Arroyo Grande Planning Commission Page 4 October 21, 1997 Mr. Vasquez stated this is an oddly shaped piece of property; it is triangular and creates a number of problems from a design standpoint. The triangular point is at the intersection of Faeh and El Camino Real. The building setbacks prohibit getting the building and parking out there on the corner, consequently, the corner becomes basically a park. In addition there is a large landscaped berm area between the drive - through and the restaurant space, and between the parking and the adjacent neighborhood. After a brief discussion between the applicant and the Commission, Chair Lubin opened the discussion for comments from the audience. Robert Herrera. 324 N. Alpine Street, stated his main concern is air quality. There is a restaurant there now and with the air stream that comes across that field, they can smell the cooking every day; if a drive- through restaurant goes in on that site they will be smelling carbon monoxide coming from the cars parked there waiting for their orders. Maureen Hei Leia. 324 N. Alpine Street, stated she lives on the corner of Alpine Street and Faeh Avenue and the traffic is terrible. Another concern she has is with the southbound ramp coming off of the freeway and the number of cars lined up during the rush hours, and if this drive - through restaurant goes in, it is going to get worse. She also stated she is concerned about the exhaust that will be coming from the cars at the drive- through. She suggested the drive- through exit on El Camino Real; not off of Faeh. Also, she suggested a block wall be constructed to alleviate some of the noise and exhaust. Susan Garcia. 619 Faeh Avenue, stated her concern about property values, loitering by teenagers, delivery trucks coming in at 1:00 in the morning and Taco Bell's hours of operation. She was also concerned about the current traffic and getting on to Halcyon Road from Faeh in the morning. Mary Terra. 315 N. Alpine Street, stated she lives on the west side of Alpine and is very concerned about the fumes. She stated her husband has a heart condition and emphysema and has a hard time breathing at times. She was also concerned about the hours the restaurant will be open. Lori Hunstad. 304 N. Alpine Street, stated she respects the Commercial Zone and the property owner's rights to do something with their valued property, but is also concerned about the residents in the area. The applicant addressed all of the concerns she had and she hopes the Commission will look very carefully at those concerns when making recommendations to the City Council such as safety, noise, pollution, lights and traffic. She also stated, in her opinion, whatever goes onto that property should not be a drive- through. Yolonda Alarcio. 311 N. Alpine Street, stated she agrees with the other speakers in the audience. She commented regarding the speed the cars travel between Faeh and Alpine Street. Michael Friant. 711 Bennett Avenue, stated he is opposed to the entire project; it is totally the wrong area for a fast food restaurant. He advised they live approximately four blocks from McDonald's and on a quiet night they can hear the order box from McDonald's; the traffic is heavy on El Camino Real, Halcyon Road and Faeh right now, and if this goes through it would be a total nightmare. 1 1 1 1 1 1 Arroyo Grande Planning Commission Page 5 October 21, 1997 Hearing no further comments, Chair Lubin reserved : further comments to the Planning Commission. Commissioner O'Donnell stated he has some real issues with a drive - through next to a residential area. If a fast food restaurant was to go in here, he would be opposed to a drive - through, especially a drive- through that has two drives coming on to Faeh. He further stated that noise, pollution and traffic are his main concerns. The idea of coming up with some kind of a wall between the property owners on Faeh and the project would help reduce sound, the pollution to some degree, and the lights of the vehicles. He further stated he would not have a problem with the design if it was not so close to the residences. Commissioner Rondeau stated he does not think the particular design of the project would go well in that neighborhood. He suggested more of a cottage type design using the Taco Bell logo may be more acceptable. However, his main concern is the noise pollution, the exhaust and the traffic. He further stated, in his opinion, this piece of property would be better served for office buildings. Commissioner Haney stated, in looking at the project, he thinks the design was done reasonably well for the site, but in looking at commercial projects in proximity to the residential area, it raises all the questions about the issues in proximity to residential. The traffic problems are real and are going to get worse, and we do not have a solution for the problems that are at Halcyon Road, Brisco Road and El Camino Real that are there now in the mornings and afternoons. There are also problems with noise and air pollution. He stated he believes there is a better use for this site in terms of its commercial use than a drive- through restaurant in proximity to a residential area. Chair Lubin stated one of the things he believes is an extremely important process of the Planning Commission is to try to bring together the desires of all interested parties, and when looking at a project, we look at it to see how we can get something that works well. He stated he was surprised to see the drive - through dump out onto Faeh Avenue. He feels there needs to be a solution to the traffic problem and to the concerns of the residents of the neighborhood. He further stated he could be supportive of the project if we take into consideration some of the residents discussions; if we can find a way to better handle the traffic, and if the landscaping can be attuned to some of the problems such as the noise, air pollution, etc. In answer to concerns expressed by the neighbors, Chair Lubin advised that the Commission would not allow a 24 hour Taco Bell under any conditions. Also, there are certain noise regulations concerning deliveries and there would not be a delivery truck at Taco Bell at 1:00 in the morning. Chair Lubin advised the next step of the process is up to the applicant. If they feel this is the best plan they can come up with, then they can file for a conditional use permit, which will come back to the Planning Commission for approval. All residents within 300 feet of the project will be notified of the public hearing. PLANNING COIVI IISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS Update of Projects - Associate Planner Buckingham advised that the Taco Bell project scheduled on the City Council agenda for October 28 can be stricken. He also advised that the Planning Commission meeting of November 18 will probably have more items than are normally scheduled. Arroyo Grande Planning Commission Page 6 October 21, 1997 Mr. Buckingham noted that the Environmental Impact Report for the Arroyo Linda Crossroads specific plan is now underway. Impact Sciences of Agoura Hills is doing the report. A specific plan has been resubmitted and copies will be distributed to the Planning Commission as soon as they are received. Chair Lubin inquired about the current grading status of the commercial development project in Rancho Grande. Assistant Public Works Director Craig Campbell estimated it is about a week and a half to two weeks away. Planning Commission Appointment to Subcommittee to Oversee and Investigate Alternative Funding Sources for Roadway and Maintenance, and make recommendations to the City Council on Funding Alternatives - Mr. Buckingham advised this is a new committee that has been created and will be looking at funding sources for roadways. On motion by Commissioner O'Donnell, seconded by Commissioner Haney, and unanimously carried, Commissioner Rondeau was appointed to the Committee, and Commissioner Haney was appointed as alternate. WRITTEN COMMUNICATIONS 1. Zoning News - September 1997 Issue. 2. Letter dated October 21, 1997 from Larry and Judith Turner, regarding Newsom Springs Water Drainage problem. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:10 p.m. on motion by Commissioner O'Donnell, seconded by Commissioner Haney, and unanimously carried. ATTEST: TO CONTENT: Pearl L. Phinney, Commission C erk Doreen Libedto- Blanck, AICP Community Development Director 1 1 1