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PC Minutes 1997-01-21ARROYO GRANDE PLANNING COMMISSION JANUARY 21, 1997 The Arroyo Grande Planning Commission met with Chair Tappan presiding. Present were Commissioners Keen, Titus and Deviny; Commissioner Lubin was absent. Community Development Director Doreen Liberto - Blanck and Associate Planners Helen Elder and Scott Spierling were in attendance. APPROVAL OF MINUTES - On motion by Commissioner Keen, seconded by Commissioner Deviny, and unanimously carried with Commissioner Titus abstaining, the minutes of the regular meeting of October 29, 1996 were approved as presented. On motion by Commissioner Keen, seconded by Commissioner Deviny, and unanimously carried, the minutes of the regular meeting of November 19, 1996 were approved as corrected. add the following word: Page 1 - Item continued review of Long Range Circulation Study -- 2nd sentence: ". . . There also appears to be a discrepancy between information contained in the recently released e r of the San Luis Obispo Council of Governments .. . ORAL COMMUNICATIONS - Dane Phillips, 430 Spanish Moss Lane - advised the Commission that he was the owner of Daystar Industries located in Grover Beach. He has attempted to relocate to Arroyo Grande but has been unable to locate appropriate zoned property. He discussed the need for light industrial park in Arroyo Grande and suggested that the Fredericks Specific Plan might contain such zoning. Community Development Director Liberto - Blanck advised the Commission that the pre - application review is scheduled for the January 28th City Council Meeting. Otis Page, 606 Meadow Way - addressed the Commission regarding the Fredericks proposal. He wants to know who is going to develop the project if it is approved; and expressed concern with the project being sold to another developer. CONTINUED PUBLIC HEARING - LUCIA MAR UNIFIED SCHOOL DISTRICT; REVIEW FOR NOISE, LOITERING, TRASH AND OTHER NEIGHBORHOOD CONCERNS; CONDITIONAL USE PERMITS NOS. 92 -502 AND 94 -527 FOR OPERATION OF LOPEZ CONTINUATION HIGH SCHOOL, INCLUDING A TEENAGE ACADEMIC AND PARENTING PROGRAM (TAP); LOCATION - 227 BRIDGE STREET Associate Planner Helen Elder presented the staff report; noted that this is a continued public hearing; stated that a letter had been distributed to Department Heads asking them to contact the School District immediately concerning any problems with noise, littering, etc. A copy was included in the packet; discussed the required State waiver and the City Attorney's determination that the City has minimal liability and that a School Board Resolution will not fulfill the Condition of Approval, a copy of the memo was included in the staff report; and recommended that the Commission take public input and continue the item to the regular June 1997 review. Chair Tappan opened the public hearing. Scott Lathrop, Lucia Mar Unified School District representative - indicated that the "Nonconforming Facility Waiver" was scheduled for State review in March. He indicated that he should have the signed form for the June review. 1 1 1 1 1 Arroyo Grande Planning Commission Page 2 January 21, 1997 With no further comments from the audience, Chair Tappan closed the public hearing. Chair Tappan asked Mr. Lathrop if there had been any discussion between the Parks and Recreation Department and the School District regarding the pedestal replacement. Mr. Lathrop indicated that there had not been any discussion on this matter. The Commissioners concurred that the matter had been thoroughly discussed and should be continued. On a motion by Commissioner Deviny, seconded by Commissioner Titus, and unanimously carried, with Commissioner Lubin absent, the matter was continued to the first regularly scheduled meeting in June of 1997. PUBLIC HEARING - REQUEST FOR A REZONE FROM RA -B3 (40,000 SQ. FT. MINIMUM LOT SIZE) TO SF (7,200 SQ. FT. MINIMUM LOT SIZE), DEVELOPMENT CODE REZONE CASE NO. 96 -002 AND SUBDIVISION OF A 16+ ACRE SITE INTO 43 RESIDENTIAL LOTS, TENTATIVE TRACT NO. 2217; APPLICANT /REPRESENTATIVE - COKER ELLSWORTH; LOCATION, 590 E. CHERRY AVENUE Associate Planner Scott Spierling presented the staff report; utilized the overhead projector to display the location of the proposed subdivision and the existing land uses that are proposed; noted that the proposed subdivision design is consistent with the surrounding neighborhood; discussed the proposed park/drainage basin and the future maintenance of same; discussed proposed infrastructure improvements; explained proposed mitigation measures regarding drainage; noted that the future home site pads will have to be raised; and noted that the measures taken will not solve the entire drainage issue, which will require a regional solution, but will more than deal with any drainage problems that this subdivision incurs. He also noted that three (3) letters had been received on the project: Letter #1 from Randy and Patty Ouimette of 327 Noguera Place addressed concerns regarding their existing redwood tree adjacent to the proposed drainage pipes for the project. Mr. Spierling stated that he and the Park and Recreation Director had met with the property owner to look at the existing redwood tree which is in a raised planter and just outside the drainage easement. He stated the Park and Recreation Director, who is also a certified arborist, felt that the tree could be protected with the addition of another COA which states: Hand trenching will be done within twelve (12) feet from either side of the tree, an arborist be present during the trenching and that all root pruning be done in conformance with ISA standards. Mr. Keisler felt that the addition of this COA would sufficiently protect the tree. Letter #2 - from Molly Dixson McClanahan, Co- trustee of the Dixon Trust expressed concern with the following issues: 1) reduction of density - the PC may determine the project is too dense, fewer agricultural conflicts might occur but doesn't appear necessary; 2) design of masonry wall - COA require submittal of streetscape plan which includes walls, PC could specify type of wall that is acceptable; Arroyo Grande Planning Commission Page 3 January 21, 1997 3) landscaping outside the walls - PC could specify low maintenance type native California plantings to the extent feasible which is the type of plantings that the Parks and Recreation Director would require; 4) maintenance of landscape buffer - Park and Recreation Director has indicated that the City will maintain; 5) notification to buyers of "right to farm" - this will be included in the CC &R's for the tract and all buyers will receive a copy; and, 6) future plans for the stone culvert - staff has no answer at this time, project engineer may have further information. Letter #3 - from Jeannette Tripodi of 521 West Cherry Ave was received after 5 pm today, it appears that all issues raised in the letter have been addressed in the staff report or the Initial Study for the Project. Staff recommends following modifications to COA: 1. After COA #29, insert the following and re- number the rest of COA: All trenching within twelve (12) feet of either side of the redwood tree adjacent to the drainage easement in Tract 409 shall be done by hand. A certified arborist, approved by the property owners, shall be notified twenty -four (24) hours prior to trenching and shall be present during construction activities adjacent to the redwood tree. All roots shall be pruned in conformance with ISA standards. 2. Existing COA #49, add: Improvements required of developing parcel will include street paving, curb, gutter, street lights, sidewalks, landscaping, the required utilities, grading and drainage. e p rovernent s for East +C h erry Ave a nd B ranch Mall Road shall include resurfacing econstruc of the existing paved surfaces as required to provide a structural section Mg:.::.::::: lin C standards and a s drivi nmiiigilitke 3. Correction to Mitigation Measure #4, Attachment B: If the drainage solution identified in Attachment B, of t6:0004:41 p6,: is pursued instead of the regional drainage solution, the applicant shall install a drainage pipe in the Branch Mill Road right of way instead of an open drainage channel. Staff Advisory Committee (SAC) recommendation to the Planning Commission is to adopt Resolutions of recommendation to the City Council. Chair Tappan asks staff to briefly present an overview of the court action that has occurred. Associate Planner Spierling noted that the project has been in process for a number of years. Applications submitted in early 1980's for subdivision of 56 and then 44 lots were not approved, one of the main issues was drainage. In 1986 the applicant gained approval for a four (4) lot parcel map several COA were included regarding drainage system. The applicant felt COA were excessive and initiated litigation, a compromise was reached which took the property back to General Plan and Zoning Designations which were in effect in 1984. That is why the Commission is reviewing designations which no longer exist. Commissioner Keen asked about the redwood tree, he discussed how fences were sited in relation to the drainage easement. Staff explained how the lots and fences sit in relation to the easement. Commissioner Keen also asked about the size of lots in surrounding subdivisions. Arroyo Grande Planning Commission Page 4 January 21, 1997 Staff replied that the lots were from 5500 sq. ft. to 8700 sq. ft. Chair Tappan opened the public hearing. Coker Ellsworth, 129 Bridge Street - presented a colored map of the site; stated that he had worked on the project for a long time; noted that the proposed lots are consistent with the existing neighborhoods; discussed background of the permanent open space; stated that one of the biggest issues was drainage; noted that they are not creating the drainage problem but attempting to help solve it; stated that the ultimate solution would be a regional one; stated that he intents to build approximately 1500 sq. ft. to 2000 sq. ft. homes which would be consistent with the neighborhood; expressed his agreement with attempting to save the redwood tree; and addressed concerns expressed in letters of neighbors. Chair Tappan asked if the applicant was in agreement with the reconstruction of the roadbed. Mr. Ellsworth stated that he was not happy with the condition but could live with it. Commissioner Titus asked if the homes would be one or two story. Mr. Ellsworth replied that the ratio would probably 4:1 of one story homes. Commissioner Keen asked if Mr. Ellsworth intended to develop the project. Mr. Ellsworth stated that he did. Commissioner Keen asked about lots 44, 45 & 46 remaining separate or being combined. Mr. Ellsworth indicated that he would probably combine the lot, they were separate because at one time they were potentially buildable lots, but now they are not. There was discussion regarding how the maintenance of the open space and outside landscaping would be handled. Mr. Ellsworth favors a Lighting Maintenance District, staff indicated that a similar type of district was now in place in the City under a, different name. Jim Dixson, 769 Branch Mill Road - represents his family trust, his aunt wrote the letter discussed this evening; noted that there is a 40 acre agricultural parcel adjacent to the parcels; stated that it has been farmed over 100 years; expressed concern for placement of the houses closest to the farm land because of tractors working the field in the early morning; and expressed support of maintaining the stone culvert bridge. Don Gullickson, 513 E. Cherry Avenue - expressed strong support of the project; stated that any improvement to the drainage will help the adjacent neighborhoods; and felt the lots were large enough as proposed. Mr. Vandeveen, 756 Myrtle Street - served on the City Council when the original proposals were reviewed; explained why the were not approved at that time; stated that they should have been approved; and, noted his wholehearted support of the project. Tony Marsalek, Los Olivos and Cherry Avenue - indicated that he was involved in the project since 1977; used to farm in the area; stated that drainage has always been an issue; commended the applicant on his efforts to solve problems; discussed root system of walnut trees; indicated his support of the project; and requested Planning Commission approval. Larry Turner, 323 Noguera Place - expressed support for project which would benefit the area; indicated that he also has a tree along the drainage easement which he would like to see saved; expressed concern with area drainage feels it should be properly addressed by the City; and, noted appreciation for the agricultural concerns. Arroyo Grande Planning Commission Page 5 January 21, 1997 Scott Lathrop, Lucia Mar School District Representative - .noted that the project requires a legislative act of approval by the City Council and the District feels that the opportunity exists for mitigation measures addressing additional school fees; stated that the amount should be open for additional negotiation; and commends the City on how they handle this type of project. Carolyn. Johnson, 545 E. Cherry Avenue - commended staff on an excellent report; suggested that East Cherry Avenue should be included in Mitigation Measure #1 which requires evergreen trees along Branch Mill Road; suggested a seating feature be added to the exterior landscaping; requested consideration of a stop sign at Garden and Cherry; expressed concern with the speed on Cherry; and stated that she was pleased with the inclusion of a tot lot in the plan. Chair Tappan suggested that Ms. Johnson should take her request for a stop sign to the Traffic Commission where they could discuss the matter and make recommendations to the Planning Commission. Grace Stillwell - stated that she came to hear about the drainage as she has lots with trees along the easement. Fran Carlson, 502 Launa Lane - asked where the water from the drainage pond will go; stated that she is not against the subdivision but wants to see it done correctly; discussed how water sits in her backyard; expressed concern with an additional 43 houses in the area; and wanted to see existing neighbors protected. Patty Ouimette, 327 Noguera Place - stated that there should be a thorough consideration of the drainage concerns and noted that the present drainage pattern had been established in order to farm the area. With no further comments from the audience, Chair Tappan closed the public hearing. Commissioner Titus stated that she had no problems with the project itself; stated her feeling is that the drainage issue is a regional problem which should be addressed as such and dealt with appropriately; stated that drainage is more important than lot size; and asked about drainage and the culvert. Craig Campbell, Public Works Department - noted that in his review of the proposal he feels that the diversions should provide significant benefit to the Launa Lane project; flooding in Noguera Place will see a small benefit; noted that the flooding starts at Newsome Springs; stated that the project does no harm and provides benefit to the neighbors; noted that the regional solution is far superior but cannot impose that on this project; development of a regional plan would involve a variety of landowners and expenditure of City funds. Chair Tappan asked if a regional solution could be implemented within the construction timeframe of this project. Mr. Campbell indicated that it was possible if everyone was cooperative, but in reality, it was unlikely. Fred Schott, Project Engineer - presented map showing water flows; discussed capacity of channel and culvert; discussed historical significance of flooding in the area; discussed proposed installation of 30" and 36" plastic pipes in easement; noted that larger pipes are now available but additional easements and more displacement would occur; discussed various size of pipe and what capacity they had; discussed how existing culvert floods and where the water flows; noted that with larger pipes there was difficulty in traversing existing sewer and water lines; discussed maintenance of culvert; talked about how trees will be affected by work; noted how roads and lots in the proposed subdivision will drain; and discussed how a water tank rupture would affect the area and the likelihood of same. Arroyo Grande Planning Commission Page 6 January 21, 1997 Commissioner Keen noted that it is important to remember that the developer did not create the problem; stressed that drainage is a regional problem; noted that this proposal will not solve the problem but will help to relieve it; stressed that part of the responsibility belongs to the City for diverting the water to the creek; asked about funding possibilities for regional solution; noted that this project appears compatible with the surrounding area; expressed concern with open space lots being combined; felt that fences will receive thorough review; and expressed support for the project to proceed. Commissioner Deviny expressed his opinion that this project more than offsets any problem that it generates regarding drainage; noted that he would like to see the 5' pipe installed; stated that the City should take the lead in alleviating the existing drainage problem; noted that a homeowners association would be his preference for maintenance of the open space, park and outside landscaping; discussed what would happen if the water tank were to rupture and, asked about soils compaction testing. Craig Campbell noted that in earthquakes when water tanks have a problem it is usually a pipe connection or a hole in the tank usually not a catastrophic event. He also noted that compaction test were required as part of the COA. Chair Tappan indicated that Garden Street will have to be renamed; stated he was in favor of a Maintenance District which could be added to COA #60; stated he would like to see one (1) lot instead of three (3) on the open space parcel; discussed with Mr. Schott exactly where the pipe would be laid all the way to culvert or picked up at Cherry Avenue and Branch Mill Road; discussed mitigation measure #4; and asked staff about potential for incorporating seating into the block wall. Staff replied that along East Cherry Avenue there will be sidewalk but there will be none along Branch Mill Road. The Commission took a short break from :9:50 p. m. to 10:00 p.m. Staff presented new verbiage for the Conditions of Approval: After COA #29, insert the following and re- number the rest of COA: All trenching within twelve (12) feet of either side of the redwood tree adjacent to the drainage easement in Tract 409 shall be done by hand. A certified arborist, approved by the property owners, shall be notified twenty -four (24) hours prior to trenching and shall be present during construction activities adjacent to the redwood .tree. All roots shall be pruned in conformance with ISA standards. Add a second portion: Trees identified as "at risk ". pursuant to Condition #22 shall be evaluated by a certified arborist. Based upon the arborist recommendation, the applicant shall take the necessary •precautions to protect the trees. Modify COA #22: Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Parks and Recreation /City Arborist for undeveloped parcels or lots with trees or trees ad to the :drainage easement in aet j The plan shall include the location, size and specie of all trees located on the of or On adjoin lots, where development could affect the roots or limbs on trees or adjacent property. Chair Tappan indicated that he would like to include a recommendation to the City Council in the event a regional solution is made to the drainage issue. Arroyo Grande Planning Commission January 21, 1997 Commissioner Tappan stated that he would like to see the masonry wall subject to ARC review. Staff indicated that was addressed in COA #29, which would be expanded to read: Modify COA #29: Developer shall provide a streetscape and wall plan including irrigation, shrubs, trees and sidewalks (See condition number 14) The plan shall be Subje to rev ew o the Add new COA under FEES: a Mina The following action was taken: rxf1teetura1 Rev e fln ? n :tte Staff noted that several commissioners had indicated that they would like the open space lots to be combined, that would be addressed in Condition #16: Modify COA #16: In conjunction with recordation of the final map, the developer shall zer record an open space easement --s- over lots 44, 45, 46 i is Said easement -s- shall be in favor of the public and the City of Arroyo Grande an shall prohibit all structures, grading, filling or vegetation removal except as may be required for City approved infra - structure or wildfire management. Said easement -s shall be subject to the approval of the City Attorney. Existing COA #49, add: Improvements required of developing pa street lights, sidewalks, landscaping the velnents. for E st..cherry Avei ,ruction. $tan( r by the ioral< solution rcel will include street paving, curb, gutter, required utilities, grading and drainage. 3 anch M l;l ?oad shall include resurfacing rfaces as requrre t© p rovide a struct ral Section rivin surface.. iltiona RESOLUTION NO. 97 - 1599 m rovement P.. Page 7 th e Correction to Mitigation Measure #4, Attachment B: If the drainage solution identified in Attachment B, f the I t al t is pursued instead of the regional drainage solution, the applicant shall install a drainage pipe in the Branch Mill Road right of way instead of an open drainage channel. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION; INSTRUCT THE CITY CLERK TO FILE A NOTICE OF DETERMINATION; AND APPROVE DEVELOPMENT CODE REZONE CASE NO. 96 -002 To approve the Resolution with Attachments "A" & "B ", as amended. On a motion by Commissioner Titus, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Titus, Keen, Deviny and Tappan NOES: None ABSENT: Commissioner Lubin Arroyo Grande Planning Commission Page 8 January 21, 1997 The following action was then taken: RESOLUTION NO. 97 -1600 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE TENTATIVE TRACT NO. 2217, LOCATED AT 590 EAST CHERRY AVENUE, APPLIED FOR BY COKER ELLSWORTH; ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES; AND INSTRUCT THE CITY CLERK TO FILE A NOTICE OF DETERMINATION To approve the Resolution with Attachments A & B, as amended. On a motion by Commissioner Deviny, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Deviny, Keen, Titus and Tappan NOES: None ABSENT: Commissioner Lubin The Commission discussed sending a separate recommendation to the City Council regarding the issue of a regional solution for the drainage problem in the area. Staff indicated that the report prepared for the City Council would include discussion regarding the Commission input on this matter. On a motion by Commissioner Keen, seconded by Commissioner Deviny, and unanimously carried, with Commissioner Lubin absent, the Public Works staff to present information to the City Council regarding a regional solution to the drainage problem. PLANNING COMMISSION /COMMUNITY DEVELOPMENT DIRECTOR ITEMS AND COMMENTS A. Joint Field Trip to Frederick Ranch with City Council on January 25, 1997 at 10:00 a.m. - due to forecasted poor weather, and the inability of certain members to attend, it is recommended that the trip be rescheduled to another date. B. Update of Projects - • Devaney appeal of Planning Commission decision was continued, at request of • applicant, to next City Council meeting; • Staff had a recent meeting with Mr. Kawaoka's representative regarding a Specific Plan; • Review of the Frederick's pre- application will be held at the January 28 City Council meeting; and, • Notified the Commission that the downsizing of the Commission had been approved at the last City Council meeting. The Commission asked about the process that would be followed to appoint Commissioners. Staff indicated that they would return at the next meeting with that information. Arroyo Grande Planning Commission Page 9 January 21, 1997 C. , Letter of Appreciation to Scott Spierling - The Commission individually expressed appreciation to Mr. Spierling for his years of dedication and professionalism. Mt. Spierling responded with his appreciation with those he has worked with and ..his enthusiasm for the City of Arroyo Grande. WRITTEN COMMUNICATIONS - 1. Agenda Item No. II.A. letter from Lucia Mar School District 2. Agenda Item No. III.A. - letter from Molly Dixson McClanahan 3. Agenda Item No. III.A. - letter from Jeannette Tripodi 4. Agenda Item No. IV.A. - Agenda and Memo for Frederick's Property field trip 5. Agenda Item No. IV.C. - letter of Appreciation for Scott Spierling ADJOURNMENT There being no further business before the Commission, on a motion by Commissioner Deviny, seconded by Commissioner Titus, and unanimously carried, the meeting was adjourned at 10:30 p. m. ATTEST: Am — Lucille :reese, Commission Clerk A TO CO ' TENT: n Doreen Lib r o- Blanck, Community Development Director illiam Tappa Chair