Nipomo Community Services District Planning Meeting

Report on the meeting of 10/27/2008

  The meeting started with the ten persons on the board… and some twenty members of the Los Berros Community.

   The meeting began at 6:30 PM, but the portion that dealt with the Laetitia Project did not begin until 8:50 PM and ended at nearly eleven PM.

    The estimates for the proposed fee increases for the 130 (some) homes would be approximately $1,5000.000. Yet there are thoughts that the increased costs of services for the area would be higher than that amount… this would end up as an economic deficit for the county.

   A Council Member remarked that the road costs for the Hwy 101 Laetitia work (lane widening, pull-outs, and turning lanes) would be so prohibitive that it could not be done economically…. This could possibly lead Laetitia to plead forgiveness for the full amount due to ‘economic infeasibility’.  This would require the county to reduce the scope of the work or to pick up the costs for the rest of the road projects.

 Brian Pedrotti, Project Manager of the County Planning & Building Dept.  gave the main presentation of the project. He went over the main highlights of the proposed development (request to subdivide 21 parcels (1,910 acres) into 106 lots, including 102 residential lots and four open space lots.).  He did make it pretty clear that this is not a done-deal (my words, not his). He said that one could get copies of the Draft Environmental Impact Report (DEIR) online, at local libraries, and CD’s are available at the office.

  He said also that the planning commission will consider the comments from the community before making their final considerations. The whole issue will come up before the council at least two times before the final decision is made and announced.

  He opened the meeting up to questions from the Council Members. It is placed here in the Q and A format.

Q.   Question  about the ‘Open Space Lots’. She (and others made similar comments later) asked about the fact that these ‘Open Space’ lots seem to be built up with the main infrastructure of the project, and if such is done, how is this ‘Open Space’.

  A.  ‘Open Space’ can also mean the main infrastructure of a farm or Ag property. So ag buildings and arenas would be part of ‘Open Space’ under that category.

  Q.  Question about the ‘Compact Housing’ that SB 375 tries to encourage. How is this ‘Compact Housing’?

  A.  This is not Compact Housing at all…. It is an Agricultural Cluster Subdivision.

   Q.  Define the concept and reasoning behind ‘Agricultural Cluster Subdivision’,

A.   paraphrase of his comments he gave later on this concept here….

   Agricultural Cluster Subdivision is a type of housing conceptualized to allow a farm or other large ag concern to use its allotted quota of homes through all its various parcels, and rather than require the homes be on the separate parcels, it will instead allow the ag company to cluster those homes in one area for the sake of the ag operation. Here is an example… this property (Laetitia) is 21 parcels. This at two homes per parcel would allow 42 homes. Now, an ag property might have the need for housing for its workers also… this would allow some more homes, although usually they would be thought to be temporary homes that would be for seasonal workers.

  He did acknowledge that the number of homes proposed would be many more that would normally be allowed under the spirit of the Agricultural Cluster Subdivision concepts.

Q.  How  would this fit in with the ‘Smart Growth’ concept? He seemed to doubt that this concept of some 200 units total fit within the Smart Growth banner.

 A. This indeed does not fit within the concepts and parameters of ‘Smart Growth’ conceptualization. He did say that it was the right of anyone to submit any plan however extreme it may seem. It is the duty of the council, the planning department and the community with their input as to the end result and realization or denial of the project.

Q. State definitively how many homes could be built on these 21 parcels under the Agricultural Cluster Subdivision.

A.  In general, 42 homes total would be the maximum for the entire property.

Q. Is the water coming from the same aquifer as the Nipomo area itself?

A.  Studies suggest movement between the water basins is possible, but limited.

Q. What is  the extent of the aquifer…

A.  The aquifer runs from Nipomo to Arroyo Grande, but does not really extend East of the Freeway.  The Los Berros and Laetitia water is not really from an aquifer, but is instead from a large conglomerate of fractured shale bedrock which is a notoriously imperfect way to store water… it will run through cracks and gaps, and run out on occasion. It can be slow to recharge from rain, and overdraft once accomplished can mean no usable recharge.

Q. The report on the water was done by a company paid by the proposed developer… and the data might be suspect. He said he’d like to see new studies done by other professionals, land water companies to find out their perspective as to the possible impacts.

Q. What about the 100 foot buffer from the proposed waste water lagoon to the edge of the property…??

A.  This is an issue usually determined by the Agricultural Commissioners Office….and in general this will be determined to be from fifty feet to six hundred feet.

Q. Explain the density of the homes, he said that the 42 homes normally allowed, and the temporary homes allowed for workers, that this 130 some homes seems much denser than would be approved under the provisions of the Agricultural Cluster Subdivision.

A. Yes this is indeed so, but do remember that those 130 homes would not be allowed to have secondary units or Ag support housing.

Q.   Studies showed of the four new wells drilled, three had slow recovery, and the fourth had a total recovery that was some fifteen feet lower than when the pump was initially started up.  She thought the idea that there was a separate aquifer here was odd, she suggested another study needed to be done. She remarked that 20 years of promises by developers, and the  county is frequently disappointed when they approve projects, and then after doing the homes, when it comes time to have the roads put in, the companies will so often claim ‘Economic Infeasibility’ and not put in the agreed upon road and infrastructure improvements, leaving the community with more traffic on unimproved roads.  She stated there was very little guarantee that the local communities would not be adversely affected.

A. The EIR had studied the impacts of traffic and will determine if those impacts are reasonable.

Q.  There have been instances when the county had been sued by a developer for ‘delaying projects’. If the county does not want a project from the very beginning due to irreplaceable water issues, why must the county keep going through the process of requiring more reports which are likely to be unfriendly to the development… eventually the developer feels they’ve been ‘taken’ for study after study… why not just stop this project now and not allow to it go ahead at this point right here and now?

A. It is the duty of this council to determine the validity of the DEIR which is being submitted. This is not a vote on the development itself so much as a recommendation that the EIR be approved and validated or not. From this point it will go to the county itself for a similar vote.  If it is denied in both instances, the developer must come up with one of their alternatives, and propose them. There are seven alternatives, one of which is the ‘No Development’ proposal, and the next ‘less impact’ one is one of minimal environmental impact.  Then there are five more alternatives, each one with a larger impact, all the way to the main one they are submitting.

Q.       Three Main points:

1.      how this would affect the Los Berros Canyon water supply? There are life savings, hopes and dreams in that canyon. But if the water disappears that will all be gone.

2.      Road Access: they are proposing major development in a rural area. There will be hundreds more homeowners.. There will need to be services, fire protection, the Sheriff’s Office will have many times more calls to the area. There will be many times more utilities vehicles, transport trucks etc.

3.      The guarantee that the roads will be improved. The problem is this HAS to be decided before the project itself is decided.. what Sheriff’s Office will respond, what Fire station needs to be doubled? And what about water???

A.     The Fire Department info, the Sheriff’s Department info and mitigation is included in the EIR.

This is when a representative of the project came forth to field some questions…

Q. What of the Three Phases? What is the order of the phases? What is the anticipated timeline?

A.  The Phases may be changed at future times based upon impacts. The phases are in the EIR in some arrangement of order, and a summary of time based on permits.

Q. But how long??? Three years? Five years?

A. This does not need to be discussed, it is a matter of supply and demand…. for instance, the phases were developed late in the Meadowlands Project.

Q. This is a plan to develop the lots, and then each home will be individually developed?

A. Yes.

She also said that the EIR stated that no occupancy shall be approved until all improvements are done (I think she might have been referring to roadway improvements, but don’t think she stated that explicitly).

Brian took the stage again.

Q.   Wasn’t it the agreement so many years ago that no new developments in the Area 2 section would be approved until the Willow Road Exchange was completed?

A.   Yes, but that has since been rescinded.

Q. Well #6 is 100 feet from the Sewage Treatment Lagoon… think on this….

A.  Shuffles feet…

Q. What is the shoulder width of the road?

A. 24 foot width, with four foot shoulders.

  Thus ended the Question and Answer portion between the Planner and the Council.

  Now was time for the Public Comment Portion. We have not listed names…. Just a brief overview from some of the different people, all  named as CC (Concerned Citizen).

C.C.  Expressed Concern in regards to the bus situation. How many more school busses must come in the canyon now, or will all those hundreds of kids have to walk or be driven out to the end of the road as the score of kids presently in the canyon do now?

C.C. Said that traffic was an issue, along with water, and what of all the water softener salts these hundreds of people would be putting into the ground water through their lagoon?

C.C. Said that the DEIR water report done by the County had the Morro Group and Cleet Associates. The applicant paid for the water study.  He implied that the water study might not have been fully objective.

   He also didn’t like the fact that the waste water treatment areas would be right below Rimrock Road. Also the infamous ‘S’ curve in the Canyon would have many times the numbers of people driving in and out, and many with horse trailers for the Dude Ranch…

C.C.  Stated that his planning was flawed right from the start. That the density is out of scope. He objected to the conversion of Agricultural lands. He deplored the development of seventy two cabins for the Dude Ranch. He declared that once built, those lands will NEVER be available for agriculture. They will forever more be housing, using water, and causing traffic and safety concerns.  This is Forever!

C.C. Said he is opposed to this. All the neighbors are, he said. He said his friend in the local water company said their idea is it will impact the quality of the water they’ll be able to get to the rest of Nipomo.

  He objected also to the increased traffic. His yard is along the road, and in the last five years, they’ve had three cars crash into their fence. When the number of car trips is quadrupled, we will have a very unsafe road.

  He also mentioned that the road now has a country and quiet feel…. This will be destroyed when the traffic increases.   The local people who walk along the road will not be able to do so anymore.

  He expressed concern also with the sewage treatment plant proposal, and the water lagoon. Also safety and wildfire issues were paramount concerns.

C.C. Said that Traffic, water and crime were issues that would negatively affect the entire area. He drives tractors on this road, going from farm to farm plowing fields, now there will be a large number of people with no experience of meeting a plow on a country road.

  He also didn’t like the sewer being built on an ecological habitat. He used to farm along the creek where the sewage plant will be placed… but in 2007 he got a ‘stop-work’ order from the county due to the area being a habitat and Native American artifacts area. And now you want to put a sewage plant there?

C.C. “This area has always been beautiful… I’m never going to leave. I moved here to get away. When I moved here some forty years ago Nipomo was an ‘Ugly Duckling’ that everyone laughed about. But now Nipomo has become a beautiful swan… it is a hidden pristine area… we can’t let it be ruined.

C.C. Deplored the issues the traffic will cause, especially on the ‘S’ turn. He also said that the issues with wildlife such as the Red-Legged Frog, and the Western Pond Turtle should be considered. This plan would have a negative effect on these animals.

C.C. Said just three words… ‘WATER, WATER, WATER”

C.C. Had the same thoughts, Water. He’s the fifth generation of his family in the canyon (and he ain’t no young kid, I tell ‘ya ed.). He commented that the traffic study on Sheehy and Thompson had been done on the third of January. This did not take into account the rural extension…. There are 17 pages of ‘Significant Adverse Effects’ that would accrue due to this project. Yes, there are ‘Unavoidable Impacts’ mentioned… meaning there IS NO WAY AROUOND these impacts!

C.C.   Said she was 51 years in the canyon. At that time there were five families in the canyon. There is just not water enough for all these people.

 C.C. Said his family has been in the canyon since the 1870’s. The canyon used to have lots of water. The winery is accused by many in the canyon of making their water levels in their wells drop significantly in the last few years.

   The traffic issues would be a major concern also,  the road proposed by the winery would not be able to handle the increased load and pressure. Last year part of the road slid into the creek, and was barely wide enough for a single truck to pass. The county put in much work to shore the bank, and widen the road again, yet even now it is not nearly wide enough to meet the proposed changes… it would have to be built further into the creek, and that would change the way the creek runs impacting other properties.

   He mentioned that FDR had given all counties funds for rural road improvements. That fifty years ago and more these roads were to have already been paved. Why is it that we still drive a narrow dirt road? What ever happened to the money the county got from the Feds for the paving of these roads still unpaved?

C.C. Said that the water issue was number one. And the ‘S’ curve, the trees that are planted there keep one from seeing around that sharp bend, and the branches and leaves reach into that already narrow road. Yet the property owner there is never told to trim or remove the trees. This is a dangerous situation, and will be made even more so by the addition of several hundred car trips daily.

C.C. Water is the big issue. But even so, we cannot regulate water use for farmers for instance,. So a farmer can pump all he needs for his particular crops.  We’re kind caught between a rock and a hard place when it comes to water usage.

  And the term ’Open Space’ implies something it does not mean. 

  And also ‘fractious shale’ is not an aquifer material.

C.C. Said the proposed Equestrian Center with the Arena Lights, the horses, dust, the trailers, the seventy seven cabins of the Dude ranch would cause her direct problems due to her being within a close proximity.

C.C.  Is on Rimrock Road… the view from the back yard goes all the way to Avila Beach…. But now the treatment plant will be right below her home…. And the wind blows from the proposed treatment plant.. to her home.

This is when the Council got a Motion Made to Recommend for or against the DEIR.

  It was stated once again that the purpose of this council is not to disapprove or approve the project, but to vote for their confidence in the EIR as it stands at the present time. If disallowed, the developer would be able to modify the unsavory aspects of the EIR, trying to make it more acceptable, and be allowed to submit again.

   The members all were allowed to voice their own opinion on the matter. And after having heard some fifteen citizen comments in a thirty minute span, and ALL saying they were opposed to the development and suspected the EIR would not adequately address the immitigable aspects, and having heard not one single citizen of the area or anywhere who seemed to be for the project, they were mightily impressed. Their comments as they spoke were in this vein….

“These are not truly ‘Open Space Lots’ as stated… they are packed with buildings and facilities”.

“We have the community here, all opposed to this”

“As this goes forward, through the various public hearings and sessions at different levels in the county, we will need representatives from the community present to show their concerns, and to voice their opinions”

“Cleet Report Study is suspect., but we need another report done. Perhaps also by the county.”

“102 lots would be the ‘bonus density’, with no bonus the maximum would be 72 homes”.

“We’re looking for comments on the DEIR, and whatever comments we get WILL BE INCLUDED  into the final EIR.”

“Four lots on the ‘Open Space’ would support farm housing, Equestrian Center, the ranch Head quarters, Homes with families and the Dude Ranch with seventy Two cabins.”

  Brian mentioned that the county would give a blanket notice to everyone who has property within 3oo feet of the boundaries of the property in question… and the entire room erupted with laughter. Almost any property along the borders of Laetitia would count three hundred feet as just a short span within their area…. Certainly not nearly enough to reach over to the next property owner, and the one who is one mile further down who is also affected by these changes as his only ingress and egress is right alongside and sharing the same road as the proposed development the same as everyone else in the canyon for the entire ten mile length.

   In the end, the Council agreed to oppose the recommendation of the DEIR on the Laetitia Project. This means that when the issue is again approached to the county at the next meeting, the county will know that both the citizens of the area and the council itself were opposed to the DEIR, and presumably to the entire project itself or any portion thereof.

  This is a rough copy of how they phrased their response….

“We reject the DEIR in its present form due to water resources, impacts on circulation- ingress and egress, density issues, night light pollution and dust issues, noise concerns, environmental concerns, issues related to Native American artifacts that this report cannot be accepted for the development of this project.”

The votes were taken by a show of hands, and it was 100% unanimous AGAINST accepting the DEIR of the development.