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HomeMy WebLinkAbout08/01/1989, C-7 - EARLY GRADING PERMIT AUTHORIZATION - REQUEST TO STOCKPILE SOIL ON THE WEST SIDE OF BUSHNELL STREET Now X11�II City of San LUIS OBI SPO 'amniis "�"8 G°Ay9 COUNC L AGENDA REPORT ITBN NUM FROM Randy Ros nterim Community Development Director; BY: Pam Ricci, Assoc. Planner SUBJECT �a RECEIV Early Grading Permit Authorization - Request to stockpile soil on the west side of Bushnell Street adjacent to the Southern Pacific right-of-way. AUG 1989 CAO RECOMMENDATION CITY CLERK SAN LUIS OBISPO,CA Adopt resolution authorizing stockpiling based on findings and subject to conditions. BACKGROUND Discussion The applicants want an early grading permit from the city to stockpile soil on a vacant site and within an unimproved portion of right-of-way at the end of Bishop Street next to the railroad tracks. The city's grading regulations require council authorization for grading work not associated with an approved project (Section 15.44.060 of the San Luis Obispo Municipal Code). The applicants have requested that authorization. The request is to move about 8,000 cubic yards of soil from the construction site of the condominiums at the corner of Florence and Bishop Street at the base of Terrace Hill and deposit it on the vacant property next to the railroad tracks for a period not to exceed six months. The applicants intend to use the soil as fill material for a condominium project they are proposing to build directly north of the proposed stockpiling site. The condominium project that the applicants are proposing known as Fairview Station consists of 19 residential units on a 1.79-acre site at 2175 Florence Avenue. The grading plan submitted with project plans indicates that about 7,000 cubic yards of fill material will be required for the condominiums. In addition, borings have indicated the presence of petroleum hydrocarbons in the soil at the site. This soil contamination from past railroad operations there needs to be cleaned up. Clean-up will involve the removal of an unknown quantity of contaminated soil from the site which will increase the need for fill material beyond that shown on preliminary grading plans . Significant Impacts If the request is not approved, the soil from the Terrace Hill condominiums will need to be deposited elsewhere. Residents along Bishop Street may notice increased noise from the trucks hauling the soil away from the condominium construction site to another location inside or outside the city limits. With approval of the request, staff is suggesting conditions to limit impacts to the neighborhood including dust control, site restoration, siltation fencing and redirection of drainage. Conseauences of Not Taking the Recommended Action 1. The soil from the Terrace Hill condominiums under construction will need to be transported off-site to a disposal location and will not be available for use in the proposed Fairview Station project. city of san Luis oBispo COUNCIL AGENDA REPORT Stockpiling Permit Page 2 2. After excavation of the contaminated soil from the proposed Fairview Station project, fill soil will need to be brought in from some other location. The stockpiling request will not necessarily eliminate the need for some net import of fill material, but it will reduce the amount of soil that needs to be trucked in from elsewhere. Data Summary Address: 2353 Bushnell Street Applicants: P.E.T.R.A. Enterprises (Bruce Houseman &, Gary Smee) Property Owners: Helen Millsap (2353 Bushnell Street) City of SLO (Bishop Street right-of-way) Representative: Keith Gurnee, RRM Design Group Zoning: R-2-S General Plan: Medium Density Residential Environmental Status: Categorically exempt under Class 4, Minor Alterations to Land, Section 15304. of CEQA Guidelines Site Descrintion The relatively flat triangular site consists of five vacant lots of record and an unimproved street right-of-way. It is bordered on the west and south by the railroad tracks. Houses exist to the north and east. A drainage swale is located on the railroad property adjacent to the site. The site does not contain any significant vegetation. EVALUATION City staff feels that the proposed stockpiling is an efficient use of the excess soil from the condominium project under construction. Reuse of the soil in the same neighborhood makes common sense and will save.wear and tear on city streets since trucks will not need to haul the material a long distance. Stockpiling will result in short-term and long-term benefits to the neighborhood in terms of both traffic and noise. Since the soil will be moved such a short distance, short-term benefits will be derived from fewer residents over shorter durations of time being exposed to noise generated by the equipment moving the soil. Long-term benefits will be realized from a lesser volume of fill eventually being needed to be imported to the Fairview Station project site (less trucks hauling dirt into the neighborhood). While the proposal has definite merits, the stockpiling also raises some concerns. These concerns are discussed briefly below and are addressed by proposed conditions of approval. One concern is that the timeframe for stockpiling not exceed six months. The submitted plan for the stockpiling indicates that the appearance of the site will be significantly modified. Soil in the center of the site will be piled about 14 feet high. Staff feels that this may be an acceptable condition for the short run, given the benefits to the neighborhood of decreasing truck traffic through it, but may be a visual nuisance and a safety hazard over the long run. city of sail Luis OBlspo - COUNCIL AGENDA REPORT Stockpiling Permit Page 3 Another concern with keeping the soil on the site for a longer period of time is that it might be considered for use as fill material for that site in anticipation of a future project there, rather than being used for its intended purpose on the Fairview Station site. The Fire Department has indicated that the soil on the site of the proposed stockpiling might also be contaminated because of its proximity to the known contaminated Fairview Station project site and the railroad. It is the Fire Department's opinion that the site of the stockpiling should also be tested for contamination, prior to stockpiling, if there is any intention of using the stockpiled material on that same site for future fill. Staff wants to make sure that is explicitly understood that the proposed request covers only the stockpiling of soil from the Terrace Hill condominium project on the site and does not authorize the transport of material here from other sites in the city. If the applicants want to collect soil from other locations for part of the Fairview Station project grading operation prior to approval of that project, they would need to ask for council approval of those specific requests. With conditions to address neighborhood and environmental concerns, staff supports the request. ALTERNATIVES The council may approve the request as recommended. The council may also continue or deny the request. OTHER DEPARTMENT REVIEW The Fire Department has noted that soil contamination may exist on the site of proposed stockpiling. They have recommended that the stockpiling site be tested for contamination prior to any soil being stored there if there is any intention of using stockpiled soil on the same site. The proposed grading plan has been reviewed by Engineering, Planning and Building staff and found to be acceptable provided recommended conditions are incorporated into permit approval. RECOMMENDATION Staff recommends that the City Council authorize issuance of the requested early grading/stockpiling permit, based on the findings and subject to the conditions contained in the attached resolution. Attachments: Draft Resolution Vicinity Map Grading Plan Letter from Applicants' Representative Letter to Helen Millsap (owner of site of proposed stockpiling) Letter from applicant (Gary Smee) to Helen Millsap pr/gen.files:dirt � /f� RESOLUTION NO. (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ISSUANCE OF A GRADING PERMIT TO ALLOW STOCKPILING ON A SITE LOCATED AT 2353 BUSHNELL STREET AND ON AN UNIMPROVED PORTION OF THE CITY'S BISHOP STREET RIGHT-OF=WAY WHEREAS, the City Council received a request for a stockpiling grading permit for property located at 2353 Bushnell Street and the adjacent unimproved portion of the Bishop Street right-of-way; and WHEREAS, the council has considered the reports of staff, public testimony, and materials submitted by the applicant; and WHEREAS, the potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines. NOW, THEREFORE, the council resolves to authorize issuance of a grading permit as follows: SECTION 1. Findings. This council finds: 1. The proposed grading operation will not adversely affect the health, safety and welfare of persons residing or working on the site or in the vicinity. 2. The proposed grading operation is consistent with the city's grading ordinance. 3. The proposed grading operation is exempt from environmental review. SECTION 2. Conditions. 1. The early grading permit authorizing stockpiling at 2353 Bushnell Street and in the adjacent undeveloped right-of-way of Bishop Street shall be valid for a period of six months from the date of permit issuance from the Building Division. One time extension of the permit, not to exceed a period of six months, may be requested in writing prior to expiration of the permit to the approval of the Community Development Director. The applicants' written request needs to document any extenuating circumstances that would warrant an extension. 2. The applicants shall submit an application and appropriate plans for a grading permit as outlined in Section 15.44.160 of the Municipal Code (Grading Ordinance). 3. The applicant's shall show on the grading plan how existing drainage swales will be maintained and how drainage around stockpiles will be provided to the approval of the City Engineer and Chief Building Official. Resolution No. (1989 Series) Page 2 4. The applicants shall install a siltation fence around the stockpiles. Location, height, and type of fencing shall be indicated on plans. Fencing shall be periodically checked to insure that soil in the stockpile is being properly contained. 5. The applicants shall hydroseed slope banks of the stockpiles to the approval of the City Engineer and Chief Building Official prior to October 15, 1989. 6. The applicants shall deposit a cash surety guaranteeing proper maintenance of stockpiles and restoration of the property to its present condition as required by the Community Development Department. Amount of the surety shall be based on the amount of stockpiled soil shown on final plans submitted and the estimated cost of hauling away that quantity of material (not less than $4 per cubic yard). 7. The applicants shall indicate on plan how stockpiles will be treated to control dust. 8. Stockpiling operations shall be limited to the weekday hours from 8:00 a.m. to 5:00 P.M. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of. 1989. 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Fiisr. .teicROgO..P/Jv sJ!%4CE SvtL! �� .� SqN(•,gpLOS OR �PENLa/N UNL�/S•TU.QBEO pLM.a�,OLL ,S7A6ES \ � F/CL fLAIEMENlANO?E�YIGYif�L \ /MOTES.• ExrsT/.vs avaivecE 1. 7LE S/TFS•vOLC BE N✓O�tlsEELI�O.oa 7,ZF Fize M4TE•P.OL d� /HCET STROY'r&Acws .PEM.4lms Bf✓O.VO err/S, /I49. 1 ASlarlON('OwT• z MUSI.4L-/N fCACE O.V Err/S, /1631 a%r-as" r AMWO.P C-a/EF QU/IGY.f/O OFi</lyfz- 3.!•ONT,OVC'TcW it4 rr AeOA;,V LZ/5r eV..VT4bL AF/ESP F✓!! "S' BEEN PLNCEO BUS//it/ELL/B/Sf/OP STREET TIBULA ENGINEERING TEMPOJPAlpY 49.PA911ya PL.4/V CirA..Enginrnigq-Sm r,7inq-Land P7anninj S.vEET /Ow/ /A4(5y V R R M D E S I G N G R O U P July 18, 1989 Mayor Ron Dunin City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 SUBJECT: FAIRVIEW STATION EARLY GRADING PERMIT Dear Mayor Dunin and Members of the Council: On behalf of our clients, PETRA Enterprises (Bob Kitamura and Bruce Houseman) we respectfully request that the Council consent to allow them to stockpile some excavated material on a site at 2248 Bushnell Street. This site is adjacent to a site that is subject of the Fairview Station development application currently being processed by PETRA. The fill is proposed to be used on the Fairview Station site at such time as either construction or a hazardous waste removal permit is granted on this property. In conducting preliminary soil toxicity investigations on the Fairview Station site, it has been determined that there are some hazardous materials in some of the site borings. Whether or not a project occurs on the property, it is likely that a considerable amount of excavation will be necessary to remove the hazardous materials, truck it off-site, and fill the excavated site with fresh material. Since the neighborhood is sincerely concerned about the hauling of fill material in and out of the neighborhood, we propose that approximately 8,000 c.y. of dirt coming out of the Terrace Hill Tract currently being developed by the French brothers (only a couple of hundred yards away from our site) be stockpiled for a temporary period on the site immediately south of my clients property at 2248 Bushnell Street, the owner of the stockpile site Mrs. Millsap, has granted permission to PETRA Enterprises for stockpiling purposes as shown on the attached maps and grading application. As the Council is required to issue early grading permits, we ask that the Council grant early consent to this request. Grading is currently under way on the French brother's project, and excess material will have to be hauled off site if this stock- piling permit is not granted. If this stockpiling permit cannot be granted, there will be three extended periods where material will have to be hauled out or into the site, . - amain ii I L.',r ri.,'v;.n '•.gin I .u- rl•i-:` .i ..!....::u.: i Mayor Ron Dunin July 18, 1989 Page 2 (1) to excavate and haul off of French's material, and (2) to excavate and haul out the hazardous waste from our site, and (3) to import fill to back-fill the hole created by the hazardous waste removal. If granted, there would only be one haul out of the neighborhood — that of the required removal of hazardous waste from the Fairview Station site.. As time is of the essence, we request your earliest possible reply. Enclosed please find construction permit and grading application, consent letter from Mrs. Millsap and planning applications. Sincerely, RRM DESIGN GROUP T. Keith Gurnee Senior Vice Presi nt Director Planning Division Enclosure cc: Bob Kitamura Bruce Houseman a/kg-fair.vw 1273 Ella Street' San Luis Obispo, CA July 189 1989 Petra Enterprises 1319 Marsh Street San Luis Obispo, CA 93401 To Whom It May Concern: Attn: Gary E. Smee I am writing in regard to the letter of July 17, 1989, requesting to Stockpile soil on APN 0003-759-004• ' I am authorizing Petra Enterprises to stockpile approximately 7,000 cubic yardsof soil on my property APN-003-759-00+- It is understood that the stockpile will be in place for a period of not to exceed approximately six monthsb and will be removed fsbm my property and left in its existing condition. Sincerely yja',-�-n . � Helen M. Millsap July 17, 1989 Mrs. Helen Millsap 1273 Ella.... San Luis Obispo, CA 93401 Re: Request to Stockpile Soil on APN #003-759-004 Dear Helen: As you know we are in the process of developing property adjacent to your property on Bushnell St. Presently, we are looking at the possibility of using approximately 7,000 cubic yards of soil being taken out of the second phase of the Leland Terrace project on Florence Ave. Since the Leland Terrace project schedule is considerably ahead of ours, they are ready to move the dirt within the next few days while we are still many weeks away from being able to place the soil on our property. We would like your permission to place the soil on your property for a period of time not to exceed six months. Our engineer has calculated that 7,000 cubic yards as placed on your property would raise the elevation of the parcel approximately ten feet above the existing grade with the sides not to exceed a slope of one (1) vertical foot for every two (2) horizontal feet (2:1) . The City Council has to approve the stockpile and we would be regulated by the City as to the length of time the stockpile could remain on the site. We would have the additional responsibility not only to you but the City to remove the dirt and return the site to it's existing condition. . We need your written authorization allowing us to stockpile the soil before the City Council will approve our request. Please let us know as soon as possible if this arrangement meets your approval . Sincerely, Gary E. Smee Partner