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HomeMy WebLinkAbout03-31-2015 Public Comment - JohnsonMAR 3 0 201'. Lomeli, Monique Subject: FW: Stop the Bunyon Bros from skirting laws against grading on Perozzi Ranch Attachments: Art Trinidale Letter Waste Dump 2015 Letter 1 March 28.pdf COUNCIL M ;STING: b3I3 1 115 ITEM NO.: fAA 13LIC Ca M rnf"n+ From: Mary Lou Johnson [mailto:mljohnson805(abatt.net] Sent: Monday, March 30, 2015 11:55 AM To: E -mail Council Website Subject: Stop the Bunyon Bros from skirting laws against grading on Perozzi Ranch Dear Mayor and City Council Members, It has come to our attention in the residential area along Orcutt Road that The Bunyon Brothers have ignored a code enforcement notice issued by Art Trinidad. Heavy equipment is grading and dumping daily beginning at 7 am each morning. Please contact Art and the county planning department regarding this blatant disregard for rules regarding grading. This is not a range land management activity, this is getting ready for a major green waste composting center. 200 neighbors attended hearings on this permit last year and when enough public outcry ensued, the permit was withdrawn. See attached letter from our neighbor Gary Felsman. Please contact Art Trinidad and planning to verify compliance with the present code enforcement activity. Thank you. Mary Lou Johnson San Luis Obispo, Ca 93401 March 28, 2015 Art Trinidade Code Enforcement Supervisor San Luis Obispo County 976 Osos Street Ste 300 San Luis Obispo CA 93408 (805) 781 -5705 Subject: Oppose Bunyon Bros Composting site and Waste Facility Moving Ahead. Dear Mr. Trinidade: I want to thank you for responding to my code enforcement inquiry on the Bunyon Brothers /Perozzi Green Waste Project. Though I was at least relieved to know that there is an ongoing investigation, it made me think of the current actions being taken and how their actions appear to be rewarding their efforts, rather than being stopped or fined. From past history, February 2014, They Bunyon Brothers /Perozzi applied for a Green Waste Composting Facility. Reference Permit: Application: Bunyon Brother /Perozzi Green Waste Composting Facility (DRC2005- 00211) It went through a complete review and was heard at the SLO County Planning Commission and was continued so more information could be gathered. Just before the second hearing in March 2014, where a decision was going to be made, the applicants pulled their CUP permit application. There was so much wrong or invalid information in the application and the number of project opponents including the City of San Luis Obispo there was no way for them to continue without further analysis. Since that time the Bunyon Broth ers /Perozzi's took a deliberate action to move ahead ignoring the planning, review and approval process required by the County of San Luis Obispo and CalRecycle. At some point, either the County noticed the work or someone turned them in after a significant amount of work was done. Our local neighborhood also saw the work. When I inquired with County Code Enforcement about the issue, I got this response from you. Mr. Felsman: We share your concern and already have an open investigation on this and the adjoining parcels. At this time we are consulting with the State (CalRecycle) on the green waste site as they are the regulatory agency and have a current license for the composting. The grading is being addressed by the owner as rangeland rehabilitation and we are reviewing their application. Feel free to contact me with questions. Art. Art Trinidade Code Enforcement Supervisor San Luis Obispo County 976 Osos Street Ste 300 San Luis Obispo CA 93408 (805) 781 -5705. Based on this it appears the County is going to allow the road improvements and other activities under the guise of a Rangeland Rehabilitation Permit. From what I can tell this permit is going to allow them to build almost the entire infrastructure needed to host a Green Waste Composting Facility. The view from Islay Hill seems to confirm this already. Second, the County is consulting with the CA- Recycle Agency, despite the fierce opposition to the project in the past. Though not required, I would have assumed the County would automatically reach out to local Agencies and individuals on this effort to determine if this was the best location for a facility of this type, which it is not. It is too close to existing homes and new homes that are slated to be built as part of the Orcutt Expansion Area for the City of San Luis Obispo. I know from the past permit process the County is looking for a suitable location for a Green Waste Composting Facility. Again, this is not the right location. In conclusion, I am asking you to not approve, the expansion of, or creation of, the Bunyon Brothers /Perozzi Green Waste Composting Facility. There are too many environmental effects, traffic problems, safety concerns and the financial impact to home values around the facility if it is approved. Below are my recommendations for the current code enforcement violation and actions for the future for both the Bunyon Brothers /Perozzi's and the County of San Luis Obispo Existing Road and Grading Work: Unfortunately, there is no way to remove what they have done. You may be able to revegetate some areas. They need to get the required permits to satisfy all the improvements they made without permission, bring them up to code level if not already, work to revegetate /restore what they can. It should not include any additional improvements other than what was done without a permit. The Bunyon Brothers /Perozzi should pay a fine as they knowingly violated County planning building and grading requirements. All work on this project including enforcement needs to be strictly reviewed and at the expense of the applicant. 2. Cease and Desist Order: The County should issue a Cease and Desist Order to the Bunyon Brothers /Perozzi's to prevent any further Composting on the Site. Any composting material should be removed and moved to a site that is legally permitted to handle such waste. 3. Find an Appropriate Green Waste Facility: The County of San Luis Obispo needs to take the lead to find a proper location for such a facility if it is desired on the West Side of Cuesta Grade. (The Bunyon Brothers /Perozzi Site is not the proper location.) 4. Bunyon Brothers /Perozzi Green Waste Composting Permit: If the Bunyon Brothers /Perozzi still want to pursue a Composting Permit. They should do it through regular channels. Not through a Code Enforcement Action. They must go through the complete planning process and hearings. There is too much at stake to do this any other way. The County and applicant really need to look at all the past comments and opposition to this type of operation before deciding to move forward. 5. Conservation Easement and Ranching Operations: I welcome normal ranching operations such as grazing. The Ranch Owner should explore the values of a conservation easement and how it might benefit him, his family and future generations that will live or work on the property. He should be introduced to Bob Hill, City of SLO Natural Resources Manager to help explore his options. 6. County and City of SLO MOU Addition: Lastly, the County and City needs to expand their MOU agreement to include Code Enforcement Actions. The Code Enforcement Action against the Bunyon Brothers /Perozzi has gone too far already without input from other individuals and agencies. Thank You for your time. Sincerely, Gary Felsman Sumac Court San Luis Obispo, CA 93401 Cc: San Luis Obispo County Planning and Building Director, San Luis Obispo City Council, Derek Johnson, Supervisor Adam Hill.