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HomeMy WebLinkAbout12-08-2021 PC Agenda Packet Planning Commission AGENDA Wednesday, December 8, 2021, 6:00 p.m. Teleconference - Broadcast via Webinar Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361, enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), commissioners and members of the public may participate in this regular meeting by teleconference. Using the most rapid means of communication available at this time, members of the public are encouraged to participate in Planning Commission meetings in the following ways: Remote Viewing - Members of the public who wish to watch the meeting can view: View the Webinar (recommended for the best viewing quality): URL: https://slocity- org.zoom.us/j/87860704604?pwd=S2dEVXljcHhiNmVDSWVWWEdEQTlpZz09 Telephone Attendee: +1 (669) 900-6833 Webinar ID: 878 6070 4604; Passcode: 819142 Note: The City utilizes Zoom Webinar for City Council Meetings. All attendees will enter the meeting muted. An Attendee tutorial is available on YouTube; test your audio settings. Televised live on Charter Cable Channel 20 View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city Public Comment - Public comment can be submitted in the following ways: Mail or Email Public Comment Received by 3:00 PM on the day of meeting - Can be submitted via email to advisorybodies@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401. All emails will be archived/distributed to Commissioners, however, submissions after 3:00 p.m. on the day of the meeting may not be archived/distributed until the following day. Emails will not be read aloud during the meeting. Verbal Public Comment In Advance of the Meeting – Call (805) 781-7164; state and spell your name, the agenda item number you are calling about and leave your comment. The verbal comments must be limited to 3 minutes. All voicemails will be forwarded to the Commissioners and saved as Agenda Correspondence. Voicemails will not be played during the meeting. During the meeting – Join the webinar (instructions above). Once public comment for the item you would like to speak on is called, please raise your virtual hand, your name will be called, and your microphone will be unmuted. If you have questions, contact the office of the City Clerk at cityclerk@slocity.org or (805) 781-7100. Pages 1.CALL TO ORDER Chair Jorgensen will call the Regular Meeting of the Planning Commission to order. 2.OATH OF OFFICE Deputy City Clerk Kevin Christian will administer the Oath of Office to the newly appointed Planning Commissioner, Emily Francis. 3.PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA At this time, people may address the Commission about items not on the agenda. Comments are limited to three minutes per person. Items raised at this time are generally referred to staff and, if action by the Commission is necessary, may be scheduled for a future meeting. 4.CONSENT Matters appearing on the Consent Calendar are expected to be non- controversial and will be acted upon at one time. A member of the public may request the Planning Commission to pull an item for discussion. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. Recommendation: To approve Consent Item 4a. 4.a.CONSIDERATION OF MINUTES - NOVEMBER 17, 2021 PLANNING COMMISSION MINUTES 5 Consideration of the Planning Commission Minutes of November 17, 2021. 5.PUBLIC HEARINGS Note: Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes; consultant and project presentations limited to six minutes. 5.a.1320 ROUNDHOUSE ST. REVIEW OF THE DRAFT ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE LOSSAN RAIL CORRIDOR AGENCY’S CENTRAL COAST LAYOVER FACILITY 11 Recommendation: Receive public testimony and provide input to the LOSSAN Rail Corridor Agency and environmental consultants regarding any additional analysis or data needed to adequately evaluate environmental issue areas within the Draft EIR. 6.COMMENT AND DISCUSSION 6.a.SENATE BILL 9 PRESENTATION 25 A presentation by planning staff on Senate Bill 9 (SB 9). SB 9 was signed by Governor Newsom on September 16, 2021 and becomes effective January 1, 2022. This bill would require a proposed housing development containing two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. SB 9 also requires a local agency to ministerially approve an urban lot split in a single-family residential zone, if it meets certain requirements, including a minimum lot size of 1,200 square feet. 6.b.STAFF UPDATES AND AGENDA FORECAST Receive a brief update from Deputy Community Development Director Tyler Corey. 7.ADJOURNMENT The next Regular Meeting of the Planning Commission meeting is scheduled for January 26, 2022 at 6:00 p.m. via teleconference. LISTENING ASSISTIVE DEVICES for the hearing impaired--see the Clerk The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. Planning Commission meetings are televised live on Charter Channel 20 and on the City's YouTube Channel: http://youtube.slo.city. Agenda related writings or documents provided to the Planning Commission are available for public inspection on the City’s website: https://www.slocity.org/government/advisory- bodies/agendas-and-minutes/planning-commission. Meeting video recordings can be found on the City’s website: http://www.slocity.org/government/department-directory/city-clerk/on-demand- meeting-videos 1 Planning Commission Minutes November 17, 2021, 6:00 p.m. Teleconference - Broadcast via Webinar Planning Commissioners Present: Commissioner Hemalata Dandekar, Commissioner Mike Wulkan, Vice Chair Nick Quincey, Chair Bob Jorgensen (one vacant seat) Planning Commissioners Absent: Commissioner Michael Hopkins, Commissioner Steve Kahn City Staff Present: Community Development Director Michael Codron, Deputy Community Development Director Tyler Corey, Assistant City Attorney Markie Jorgensen, Deputy City Clerk Kevin Christian _____________________________________________________________________ 1. CALL TO ORDER A rescheduled Regular Meeting of the San Luis Obispo Planning Commission was called to order on November 17, 2021 at 6:00 p.m. by Chair Jorgensen with Commissioners present via teleconference. 2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: Emily Francis --End of Public Comment-- 3. CONSENT 3.a CONSIDERATION OF MINUTES - OCTOBER 13, 2021 AND OCTOBER 27, 2021 PLANNING COMMISSION MINUTES Approve the Planning Commission Minutes of October 13, 2021 and October 27, 2021. Motion By Commissioner Dandekar Second By Commissioner Wulkan Page 5 of 28 2 Ayes (4): Commissioner Dandekar, Commissioner Wulkan, Vice Chair Quincey, and Chair Jorgensen Absent (2): Commissioner Hopkins, and Commissioner Kahn CARRIED (4 to 0) 4. PUBLIC HEARINGS 4.a 600 TANK FARM RD. (ARCH-0406-2021) REVIEW OF A MIXED-USE DEVELOPMENT INCLUDING 280 RESIDENTIAL UNITS & 12,500 SF OF COMMERCIAL/OFFICE SPACE Contract Planner John Rickenbach presented the staff report and responded to Commission inquiries with input from Associate Planner Kyle Bell and Transportation Manager Luke Schwartz. Applicant representatives, Stephen Peck, Damien Mavis, and Darin Cabral provided a brief overview of the project, stressed consistency with Major City Goals regarding transportation and housing and the City Climate Action Plan, reviewed modifications made in response to staff and advisory body input, and responded to questions raised. Chair Jorgensen opened the public hearing. Public Comments: Lea Brooks --End of Public Comment-- Chair Jorgensen closed the public hearing. Motion By Commissioner Wulkan Second By Commissioner Dandekar 1. Adopt Resolution entitled, "A Resolution of the San Luis Obispo Planning Commission recommending certification of the Final Environmental Impact Report for and approval of the 600 Tank Farm Mixed-Use Development consisting of 280 Residential Units and 12,500 square feet of Commercial/Office Space, including a Creek Setback Exception, Specific Plan Amendments, General Plan Map Amendment, Rezoning, and Vesting Common Interest Tentative Parcel Map #21-0015; as represented in the staff report and attachments dated November 17, 2021 (600 Tank Farm Road, PR- 0005-2021, ARCH-0406-2021; SBDV-0407-2021; GENP-0814-2019; SPEC-0407-2020; EID-0608-2020);" and Page 6 of 28 3 2. Recommend the City Council adopt the Draft Ordinance, that would include amending the Zoning Map by changing the zoning designation of the properties associated with the 600 Tank Farm Project from Business Park (BP-SP) to Commercial Services (C-S-SP) and making associated text amendments to the Airport Area Specific Plan , with modifications to Conditions as follows: Condition 115: Tank Farm Road Frontage Improvements. Project applicant shall reconstruct the Tank Farm Road project frontage to current City Engineering Standards. Unless otherwise approved by the Public Works Director, plans submitted for Public Improvement Plans shall include widening the northern side of Tank Farm to a cross section that substantially conforms with the Airport Area Specific Plan and Active Transportation Plan, which includes the following typical cross section elements on the north half of the street: 5’ sidewalk / 7’ protected bike lane / 9’ parkway / curb and gutter / two westbound 12’- 13’ auto lanes / raised median / one existing eastbound auto lane / existing eastbound bike lane. Designs shall be developed in coordination with the frontage improvements currently in development for the adjacent 650 Tank Farm Road development to ensure that appropriate geometric transitions. Improvements shall be approved or substantially approved to the satisfaction of the Public Works and Community Development Departments prior to issuance of any building permits and improvements shall be completed prior to issuance of first occupancy permits. Condition 68: Unless otherwise waived by the City, the use of pervious pavers or alternate paving materials as visual cues for pedestrians should be expanded to include some of the more extensive parking areas serving the commercial lease spaces, common area/Club House, the central pedestrian crossroads area, and the northerly shared parking area on Lots 9 and 11 and the central. Ayes (4): Commissioner Dandekar, Commissioner Wulkan, Vice Chair Quincey, and Chair Jorgensen Absent (2): Commissioner Hopkins, and Commissioner Kahn CARRIED (4 to 0) Page 7 of 28 4 4.b 2800 BROAD ST. (ARCH-0366-2021) REVIEW OF 28,997-SF, THREE- STORY, MIXED-USE PROJECT, INCLUDING A 30% SHARED/MIXED- USE PARKING REDUCTION Associate Planner Kyle Bell presented the staff report and responded to Commission inquiries. Applicant representative Bryan Ridley of Bracket Architecture provided a brief overview of the project and responded to questions raised. Chair Jorgensen opened the public hearing. Public Comments: None --End of Public Comment-- Chair Jorgensen closed the public hearing. Motion By Vice Chair Quincey Second By Commissioner Dandekar Adopt a Resolution entitled, "A Resolution of the City of San Luis Obispo Planning Commission approving the development of a new 28,997 -sf, Three-Story, Mixed-Use Project consisting of 20 Residential Units with a private roof deck, and 7,818 sf of commercial space, within the South Broad Street Area Plan. Project includes a 30% Shared/Mixed-Use Parking Reduction. Project is categorically exempt from Environmental Review, as represented in the staff report and attachments dated November 17, 2021 (2800 Broad Street, ARCH-0366-2021)" with the following modifications: Remove Condition No. 3 Modify Condition No. 21 to read, "The project is conditioned to replace or upgrade complete frontage improvements and utilities per City Engineering Standards, to the satisfaction of the Public Works Director." Ayes (4): Commissioner Dandekar, Commissioner Wulkan, Vice Chair Quincey, and Chair Jorgensen Absent (2): Commissioner Hopkins, and Commissioner Kahn CARRIED (4 to 0) Page 8 of 28 5 5. COMMENT AND DISCUSSION 5.a STAFF UPDATES AND AGENDA FORECAST Deputy Community Development Director Tyler Corey provided an update of upcoming projects. Assistant City Attorney Markie Jorgensen updated the Commission on the complaint received by the Planning Commission related to the 163 Serrano project, noting that the Acting City Arborist issued civil penalties to the owner for violation of the City’s Tree Ordinance and that the imposition of penalties has been appealed. 6. ADJOURNMENT The meeting was adjourned at 8:25 p.m. The next Regular Meeting of the Planning Commission meeting is scheduled for December 8, 2021, at 6:00 p.m. via teleconference. _________________________ APPROVED BY PLANNING COMMISSION: XX/XX/202X Page 9 of 28 Page 10 of 28 PLANNING COMMISSION AGENDA REPORT SUBJECT: REVIEW OF THE DRAFT ENVIRONMENTAL IMPACT REPORT (DRAFT EIR) PREPARED FOR THE LOSSAN RAIL CORRIDOR AGENCY’S (LOSSAN) CENTRAL COAST LAYOVER FACILITY (CCLF). BY: Brian Leveille, Senior Planner FROM: Tyler Corey, Deputy Director Phone Number: 805-781-7166 Email: tcorey@slocity.org Email: bleveille@slocity.org RECOMMENDATION Receive public testimony and provide input to the LOSSAN Rail Corridor Agency and environmental consultants regarding any additional analysis or data needed to adequately evaluate environmental issue areas within the Draft EIR. 1.0 SUMMARY The Los Angeles – San Diego – San Luis Obispo (LOSSAN) Rail Corridor Agency is proposing an expansion and/or relocation of the existing layover facility adjacent to the San Luis Obispo Station. The LOSSAN Rail Corridor Agency is a joint powers authority that oversees the coastal rail line between San Diego, Los Angeles and San Luis Obispo. It is governed by a 11-member Board of Directors composed of elected officials representing rail owners, operators, and planning agencies along the rail corridor. The LOSSAN Agency is staffed by the Orange County Transportation Authorit y (OCTA)1. The Central Coast Layover Facility (CCLF) project is intended to increase overnight storage capacity to support the service goals and objectives for the Pacific Surfliner in the State Rail Plan and LOSSAN’s fiscal year Business Plan. The LOSSAN rail corridor is 351 miles in length and serves commuter trains, Amtrak intercity trains, and freight trains. The LOSSAN corridor is identified as the second most heavily traveled intercity passenger rail corridor in the nation. San Luis Obispo is at the northern terminus of the Amtrak Pacific Surfliner service. Currently, one Pacific Surfliner train overnights each day in San Luis Obispo for an early morning departure the following day. The proposed project will provide for maintenance of equipment at the northern terminus of the corridor and will allow for additional passenger trains to hold overnight and allow a second morning departure from San Luis Obispo. Additional storage and maintenance capacity will also allow for future further expansion of service. 1 LOSSAN Rail Corridor Agency website: https://www.octa.net/LOSSAN-Rail-Corridor-Agency/Overview/ Meeting Date: 12/8/2021 Item Number: 5a Time Estimate: 60 Minutes Page 11 of 28 Item 5a LOSSAN CCLF DEIR Planning Commission Report – December 8, 2021 The EIR examined all potential issue areas including, Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology/Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Land Use/Pla nning, Noise and Vibration, Public Services, Transportation, Tribal Cultural Resources, Utilities/Service Systems, and Wildfire. The Draft EIR can be found on the LOSSAN CCLF Project webpage: http://www.octa.net/LOSSAN-Rail-Corridor-Agency/Central-Coast-Layover- Facility/#!Resources 2.0 COMMISSION'S PURVIEW The purpose of this public hearing is to provide a forum for discussion of the Draft EIR during the public review period for the document. Both Commission and public testimony at this public meeting should be focused on the content of the Draft EIR, rather than the particular merits of the project itself. The City of San Luis Obispo has limited review authority over the project, and the Planning Commission will not be asked to make a recommendation or take action on the project as the LOSSAN Rail Corridor Agency will act on potential adoption and certification of the Final EIR and any associated CCLF project approvals. 3.0 PREVIOUS PLANNING COMMISSION COMMENTS On March 10, 2021, The Planning Commission held a scoping meeting for LOSSAN to receive public input regarding potentially significant impacts of the project, alternatives, and potential mitigation measures that should be addressed in more detail in the EIR (Attachment C, March 10, 2021, PC meeting minutes). 4.0 PROJECT INFORMATION 4.1 Site Information/Setting The project site is located on approximately 8.3 acres of mostly undeveloped land on the Roundhouse site located in the Railroad Historic District. The proposed project is located south of the existing San Luis Obispo Amtrak St ation and the project site extends from the existing San Luis Obispo Amtrak Station south to Francis Street, and between the Union Pacific Main Tracks and existing commercial and residential development to the west. The southern extent of the project site is located just west of McMillan Avenue. 4.2 Project Description The proposed project includes the construction of a new rail yard, storage and servicing tracks, operations and maintenance buildings, landscape improvements, pedestrian improvements, and safety and security features. Perimeter fencing would be installed around the facility for site security and public safety. Funding is currently not available to construct the entire facility at once. Instead, a phased construction approach is intended, constructing an initial portion of the facility which includes the most immediately needed elements, and adding the remaining components as the need arises and additional funding becomes available. The sections below will provide some details that are known at this stage in the project; the information is subject to change as design work proceeds. Page 12 of 28 Item 5a LOSSAN CCLF DEIR Planning Commission Report – December 8, 2021 Rail Yard and Tracks. The proposed project would construct a new rail yard with up to five new tracks.  Train Wash Track  Service & Inspection (S&I) Track  Storage Track (3) Trains would enter the site from the mainline switch at the north end of the site, passing through the Train Wash. Trains would travel south, passing the train wash building onto the tail track and then reverse direction into either the S&I Track or to one of the other storage tracks. Upon reaching the S&I position or a storage track, the trains would park for the night, connecting to ground power to allow for the electric functions of the train to continue and connecting to a yard air compressor to keep the brake system charged. These connections allow for continuity of these functions without the locomotive engine running, minimizing engine idling within the facility. From the S&I or storage positions, daily servicing and light maintena nce can occur. Trains stored on the S&I track would also undergo additional safety, operational and reliability inspections. Trains would exit the facility north toward the San Luis Obispo station at intervals based on the approved and published service sc hedules. Buildings. The proposed CCLF would consist of a series of single-story structures housing a variety of functions including office space, storage space, workshops, train wash, train S&I and wheel truing. Operations/Fleet Maintenance Building. The Operations Building would be an approximately 3,000 square feet (sf) one-story building, which would house administrative offices and restrooms for operations and maintenance staff. Page 13 of 28 Item 5a LOSSAN CCLF DEIR Planning Commission Report – December 8, 2021 Fleet Maintenance Shops Building. The Fleet Maintenance Shops Building would be a one-story building and approximately 2,900 sf and would house a welding/fabrication shop, brake and coupler shop, and toolbox storage. Parts Storeroom Building. The Parts Storeroom Building would be a one-story building, approximately 1,500 sf, located adjacent to the Fleet Maintenance Shops Building and Maintenance of Way Building. This building would store components and parts that are required on a frequent basis to support maintenance activities, and would include a dedicated secure area for shipping, receiving and storage. Maintenance of Way (MOW) Building. The MOW Building would be a one-story building, approximately 2,200 sf, located adjacent to the Par ts Storeroom Building. MOW is responsible for inspection and maintenance of track, roadbed, and buildings for the facility. MOW is also responsible for inspection and maintenance of non -revenue vehicles assigned to the CCLF. Wash Building. The Wash Building would be a 10,000 sf one-story building, located at the center of the project site, along the Train Wash Track. An automatic, drive -through train wash would be enclosed in the Wash Building. As described above, trains entering the maintenance facility would pass through the Train Wash Building for cleaning prior to being placed on one of the storage tracks or the S&I track. The train wash is anticipated to operate 7 days per week. Each train arriving at the facility at the end of its service day will enter through the wash, requiring it to run for about 5-10 minutes for each train. The timing of the train wash operation will depend on the approved and published service schedule and would likely be during the evening hours. Wheel Truing Building. The Wheel Truing Building would be a one-story building, approximately 1,900 sf in size and located at the north end of the project site adjacent to the San Luis Obispo Railroad Museum parking lot. The Wheel Truing Building would house an underfloor pit-mounted wheel truing machine. Use of this facility is anticipated to be infrequent and not part of the daily operation. S&I Shelter. One of the tracks would function as a storage track with an S&I position. The S&I track would be covered by a 24’ high shelter. To provide access to the underside of a train for inspection and maintenance, a lower-level work area or gauge pit would be installed. Cleaning Shelters. Two cleaning shelters would be provided south of the Wash Building and storage tracks. Parking. The proposed project would provide a total of 54 on -site parking spaces for employees and visitors. Most of the parking spaces would be located on the west end of the central yard in between the Roundhouse Site and Operations building. The other parking spaces would be located adjacent to the MOW Shops building. Page 14 of 28 Item 5a LOSSAN CCLF DEIR Planning Commission Report – December 8, 2021 Access. Primary employee and visitor access to the site would be from Roundhouse Avenue. Additional emergency access to the site would be available from the train museum parking lot (north end of site), from the parking lot off Alphonso Street (center of site), and from Francis Avenue (south end of site). 5.0 CEQA PROCESS AND DRAFT EIR CONCLUSIONS 5.1 CEQA Process Under CEQA, a 45-day public review period of the Draft EIR is required. A Draft EIR was prepared and released to the public on November 5, 2021. This started a 45-day public review period that will end on December 20, 2021. LOSSAN is not required to but has requested the City Planning Commission to serve as a venue to hold a public meeting on the Draft EIR, which allows LOSSAN to hear directly from the Commission and public separate from their consideration of project approval and provides an opportunity for members of the public to learn of the concerns of other people testifying about the project’s environmental impact analysis. Both Commission and public testimony at this public meeting should be focused on the content of the Draft EIR, rather than the particular merits of the project itself. The public meeting represents an opportunity to: 1. Obtain additional information needed to properly evaluate identified issue areas; 2. Identify issue areas that may not be covered in the draft environmental document; and 3. Provide an opportunity for the public to express environmental concerns. 5.2 Draft EIR Contents and Conclusions The Draft EIR concludes that the project will result in no impacts or less than significant impacts in all issue areas and no Class 1 Significant Unavoidable Impacts are identified in the EIR. The Draft EIR finds that mitigation measures are required to reduce impacts to less than significant impacts in the following issue areas:  Air Quality  Biological Resources  Cultural Resources  Geology and Soils  Hazards and Hazardous Materials  Noise  Tribal Cultural Resources Page 15 of 28 Item 5a LOSSAN CCLF DEIR Planning Commission Report – December 8, 2021 6.0 NEXT STEPS LOSSAN and their consultant team will be recording comments of the Commission and public for response in the Final Environmental Impact Report (FEIR ). In addition to the comments of the Commission and public at this public meeting, staff continues to review the DEIR for adequacy, and it is anticipated a detailed City comment letter will be provided prior to the close of public comment on December 20, 2021. The Final EIR will be a compilation of the Draft EIR and responses to comments received regarding the Draft EIR from reviewing agencies, organizations, and individuals. Responses to comments are a written evaluation of comments on the environmental issues received from persons who reviewed the Draft EIR, including comments made at this public workshop. The responses to comments will be prepared by LOSSAN staff and their consultants. LOSSAN will have to certify the Final EIR, which must occur before an action to approve the project can be made. 7.0 ATTACHMENTS A. The Draft EIR is available for review online at the following location: http://www.octa.net/LOSSAN-Rail-Corridor-Agency/Central-Coast-Layover- Facility/#!Resources *Hardcopies are also available for review at the San Luis Obispo Council of Governments Office, 1114 Marsh St., San Luis Obispo. Please call (805) 781-4219 prior to visiting the San Luis Obispo Council of Governments Office. B. Conceptual Project Plans C. Planning Commission Minutes of March 10, 2021 Page 16 of 28 Parking Summary Non-Revenue EmployeeNisitor Accessible Parking Motorcycle Parking 2 44 2 2 Visitor Parking 2 Clean Air/Electric Vehicle Parking 2 Department Legend perations leet Maintenance leet Maintenance Shop & Bay Areas ard and SeNice Bay Page 17 of 28 Page 18 of 28 City ofSan Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Minutes - Draft Planning Commission Minutes Planning Commission Regular Meeting Wednesday, March 10, 2021 CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on Wednesday, March 10, 2021 at 6:04 p.m., via teleconference, by Chair Hemalata Dandekar. ROLL CALL Present: Commissioners Michael Hopkins, Steve Kahn, Nicholas Quincey, Michelle Shoresman, Mike Wulkan, Vice-Chair Robert Jorgensen, and Chair Hemalata Dandekar Absent: None Staff: Community Development Director Michael Codron, Deputy Community Development Director Tyler Corey, Assistant City Attorney Markie Jorgensen, and Deputy City Clerk Kevin Christian PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA None 1. CONSENT AGENDA – CONSIDERATION OF MINUTES ACTION: MOTION BY COMMISSIONER QUINCEY, SECOND BY COMMISSIONER WULKAN, CARRIED 7-0-0 to approve the Planning Commission Minutes of February 24, 2021. Page 19 of 28 Planning Commission Meeting Minutes March 10, 2021 Page 2 of 5 PUBLIC HEARING 2. Public scoping meeting to discuss the scope of the Environmental Impact Report (EIR) being prepared for the Los Angeles – San Diego - San Luis Obispo (LOSSAN) Rail Corridor Agency, Central Coast Layover Facility (CCLF). The project site is located on approximately 8.3 acres of mostly vacant land area between the area west of the Union Pacific (UP) Main Tracks and areas east of the Roundhouse St. terminus (Roundhouse site). The southern extent of the project area is east of Francis Avenue and terminates in the area north of McMillan Avenue west of the UP tracks. The project consists of the construction of a new rail yard, storage and servicing tracks, operations and maintenance buildings, landscape improvements, and pedestrian improvements. Address: 1320 Roundhouse Street; Zoning: Service- Commercial with Special Considerations and Historic Overlay (C-S-S-H); LEAD AGENCY: LOSSAN Rail Corridor Agency. Senior Planner Brian Leveille presented the staff report and Active Transportation Manager, Adam Fukushima, reviewed active transportation facilities that exist or are planned for in the general project area. LOSSAN representatives, James Campbell, Manager of Programs / Project Manager, Dan Phu, Environmental Program Manager, Scott Gaastra, Design Project Manager, and Tim Gnibus, EIR Project Manager, presented an overview of the project and provided responses to questions raised by the Commission. Chair Dandekar opened the public hearing. Public Comment: Jackie Mansoor, APCD, noted concerns of diesel particulate matter effects on nearby residents. Noted is was important to understand management and policies of engine idling and welding operations. Polluting sources should be located as far away as possible from residents. Elizabeth Aloe, resident at Roundhouse Place Apartments had questions on phasing of project, concerns of noise throughout construction, and after with trains idling; concerns of crime, traffic impacts, loss of on street parking on Roundhouse, lighting impacts on residential apartments in the area and projects under construction. Daniel Kallal, noted that although the project is in the Railroad District Plan, there are also nearby properties in the Broad Street corridor plan and aesthetics should be evaluated. Also, noted safety concerns should be evaluated and the Railroad Safety Trail between the facility and apartments will likely enhance safety over the current situation. Pete Rodgers, Director of SLOCOG emphasized support for the project and discussed rail operations as a part of the City’s past and this sites past. Stated the facility will allow ability to implement State Rail Plan and expand operations north and south and rail is consistent with efforts to reduce GHG’ Page 20 of 28 Planning Commission Meeting Minutes March 10, 2021 Page 3 of 5 Jonathan Roberts, Chair of Active Transportation Committee, noted concerns over negative effect the project may have for GHG reduction goals and indicated support for completion of the Railroad Safety trail on the west side of the tracks. Armen Grewal, noted past fires on the property and noted need to consider bridge crossings and had a question on the proper contact for LOSSAN. Glenn Matteson, San Luis Obispo Railroad Museum, noted appreciation for info provided by LOSSAN and HDR staff. He noted security fencing may cause access issues for museum staff which is needed for maintenance of display track and rail cars. He noted the project would reestablish operations at a lower level than had already been there historically for a long period of time. Chair Dandekar closed the public hearing. ACTION: By consensus, the Commission requested staff to agendize an item on a future meeting for the Commission to provide comments on the Draft Environmental Impact Report DEIR) for the project, and requested the LOSSAN Rail Corridor Agency consider comments raised by the public and Commission comments as summarized below in preparation of the Draft EIR: Fencing impact to the Railroad Museum operations Night noise and lighting due to facility operation Pedestrian and bicycling connections through and adjacent to the project, including planned grade separated crossings both south and north of the project Visual impact of building design, height, etc., on neighborhood Railroad District design vernacular Air pollution impacts from train idling and facility operations (welding, etc.) Safety and crime impact to local residents Preservation of historic roundhouse remnants and visibility/use by citizens Project description should be more specific to adequately perform the EIR. o Hours of operation for activities o Building placement and use o Design of buildings included in project description o Phasing of building Evaluate consistency with existing City plans, guidelines, laws: o Railroad Historic Area Plan o Historic Preservation ordinance o Circulation element, specifically the grade separated crossing at Roundhouse Ave. o Broad Street Corridor Plan Security fencing impact to the current informal access to the area How engine idling will be managed – diesel particulate matter impact to local residents Neighborhood noise and traffic during construction and increased ongoing operational traffic The Commission recessed at 7:55 and resumed with all Commissioners present at 8:05. Page 21 of 28 Planning Commission Meeting Minutes March 10, 2021 Page 4 of 5 3. Review of a mixed-use project consisting of 9 residential units and approximately 10,400 square feet of commercial space, as a part of the Jones Subdivision Tract No. 3066. The project includes a request for a 40 percent parking reduction for the commercial use. The project is consistent with the previously adopted Mitigated Negative Declaration for SBDV-0067-2014 Tract No. 3066), City Council Resolution No. 10620 (2015 Series); Project address: 3806 Ranch House; Case #: ARCH-0256-2020; Zone: C-C-MU; Travis Fuentez, owner/applicant. Commissioner Hopkins recused himself and left prior to staff presentation of the item. Associate Planner Kyle Bell presented the staff report and responded to Commission inquiries. Applicant representative, Scott Martin, Principal Architect, RRM Design Group, provided an overview of the project. Chair Dandekar opened the public hearing. Public Comment: None Chair Dandekar closed the public hearing. ACTION: MOTION BY COMMISSIONER KAHN, SECOND BY VICE CHAIR JORGENSEN, CARRIED 6-0-1 (COMMISSIONER HOPKINS RECUSED) to adopt a Resolution entitled, A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE DEVELOPMENT OF A MIXED-USE PROJECT WITHIN THE JONES SUBDIVISION TRACT NO. 3066, CONSISTING OF NINE (9) MODERATE- INCOME AFFORDABLE RESIDENTIAL UNITS, APPROXIMATELY 10,400 SQUARE FEET OF COMMERCIAL SPACE, WITH A 40 PERCENT PARKING REDUCTION FOR THE COMMERCIAL USES, AND A FINDING OF CONSISTENCY WITH PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION ER137-11, CITY COUNCIL RESOLUTION NO 10620 (2015 SERIES), AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MARCH 10, 2021 (3806 RANCH HOUSE ROAD, ARCH-0256-2020) with the following modification to Condition #9: inverted “U” rack designs shall not be permitted). Long term bicycle parking spaces shall provide charging capability for ebikes and shall provide a variety of floor and wall mounted racks to accommodate bicycles that vary in size, shape and weight. Sufficient detail shall be provided about placement and design...” Page 22 of 28 Planning Commission Meeting Minutes March 10, 2021 Page 5 of 5 Commissioner Hopkins returned to the meeting following recusal for this item. 4. Presentation of the General Plan Annual Report; Project Address: Citywide. Assistant Planner Graham Bultema presented the staff report and responded to Commission inquiries, with input from Deputy Community Development Director Tyler Corey and Community Development Director Michael Codron. Chair Dandekar opened the public hearing. Public Comment: None Chair Dandekar closed the public hearing. ACTION: By consensus, the Commission agreed to receive and file the General Plan Annual Report for 2020, with the following comments to be forwarded to City Council: Prioritize inclusionary housing Residential growth management table – add footnote to clarify unit counts include exclusions (ADUs; affordable units; downtown units) Make a few minor corrections regarding the Orcutt Area Specific Plan section COMMENT AND DISCUSSION 5. Agenda Forecast – Deputy Community Development Director Tyler Corey provided an update of upcoming projects. ADJOURNMENT The meeting was adjourned at 9:54 p.m. The next Regular Meeting of the Planning Commission meeting is scheduled for Wednesday, March 24, 2021, at 6:00 p.m., via teleconference. APPROVED BY THE PLANNING COMMISSION: 03/24/2021 Page 23 of 28 Page 24 of 28 Memorandum Date: November 24, 2021 To: City Council From: Michael Codron, Community Development Director Prepared By: Teresa McClish, Housing Policy and Programs Manager Owen Goode, Assistant Planner Olivia Bergin, Planning Intern Subject: Senate Bill 9 Overview On September 16, 2021, California Governor Gavin Newson approved Senate Bill No. 9 (SB-9) with the goal of increasing the state’s housing supply while providing for increased home- ownership opportunities. While the new law is also intended to promote “affordability,” it only does this through increased supply and does not require affordable housing as a component of any project. SB-9 makes two important changes to the Government Code with respect to land zoned R-1 (Low-Density Residential). The first change allows for more “by right” urban infill development – specifically requiring jurisdictions to ministerially approve up to two primary residences on a given R-1 lot. The second allows for an “urban lot split,” which would allow for the two residences to be built on separate lots so that they can be sold independently, creating additional home-ownership opportunities. It is important to note that SB-9 does not combine with Accessory Dwelling Unit requirements, which allow up to three units to be on a lot (primary residence, ADU and Junior ADU). SB-9 only requires that local agencies allow up to two primary residences of 800 square feet each.1 SB-9 specifically relieves local agencies from other Government Code requirements related to Accessory Dwelling Units and Junior Accessory Dwelling Unit requirements when an urban lot split is pursued.2 SB-9 will go into effect on January 1, 2022. The State Department of Housing and Community Development (HCD) is expected to publish a guidance memo on implementation and enforcement of SB-9, but there is no timetable for publication of the memo. In the meantime, staff has been researching the issues and engaging with planners locally and across the State to better understand the full range of development opportunities created by SB-9 and how the City may want to respond with a local ordinance to guide implementation. While some jurisdictions, notably Santa Barbara, are pursuing emergency ordinances, this is not currently recommended for the City of SLO given the significant eligibility constraints for pursuing an SB-9 project, and other high- priority work currently underway on the Inclusionary Housing Ordinance update. 1 See Government Code Section 65852.21 (b)(2)(A):  https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9  2 See Government Code Section 65852.21(f):  https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9  Item 6a Page 25 of 28   SB‐9 Implementation Memo : 11/24/2021 : Page 2    Eligibility Like SB-35 before it, SB-9 includes eligibility criteria that significantly limits where the new rules can be implemented and who is eligible to pursue an SB-9 project. A summary of these eligibility requirements follows. Owner-Occupancy SB-9 has significant owner-occupancy requirements to ensure stability in neighborhoods and prevent speculation and lot accumulation for the purpose of infill development. Any property included in a project that intends to take advantage of SB-9 rules cannot demolish or significantly alter any unit that has been occupied by a tenant during the previous three years. In addition, owner-occupancy of one of the units is required for three years following development. Approximately half of all of the City’s R-1 lots are currently used as rental properties and would not be immediately eligible for SB-9 development. Exclusion Areas SB 9 cross references Government Code Section 65913.4 created by SB-35 (e.g. proposed SB- 9 development must satisfy the requirements of subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of Government Code Section 65913.4). SB-9 defines exclusion areas as areas that include the following designations:  Prime farmland or farmland of statewide importance;  Wetlands;  Land within the very high fire hazard severity zone, unless the development complies with state mitigation requirements;  Hazardous waste sites;  Sites within earthquake fault zones;  Land within the 100-year floodplain or a floodway;  Land identified for conservation under a natural community conservation plan, or lands under conservation easement;  Habitat for protected species; or  Sites located within a historic or landmark district, or a site that has a historic property or landmark under state or local law, as specified. The City is in the process of mapping these exclusion areas, which together with the owner- occupancy requirements will further reduce the number of properties that can participate in an SB-9 development. Urban Lot Split Requirements To qualify for ministerial, or “by-right” approval, the proposed lot split must meet the following criteria:  The lot split must result in two lots of approximately equal size (60/40 split at most);  Each new lot must be at least 1,200 square feet (unless the local agency adopts a lower minimum);  The lot to be split cannot have been established through a prior SB-9 lot split; Item 6a Page 26 of 28   SB‐9 Implementation Memo : 11/24/2021 : Page 3     Neither the lot owner nor anyone acting “in concert with” the owner has previously subdivided an adjacent parcel through a SB-9 lot split;  The uses on the resulting lots would be residential;  The property has not had a tenant on the premises during the past three years; and  The applicant records an agreement that requires them to live in one of the resulting units for three years unless the applicant is a qualified non-profit or community land trust. Projects Must Be Consistent with City Objective Design Standards The objective design standards recently added to the City’s Zoning Regulations will apply to SB- 9 projects. However, the new law includes some provisions that would require the City to relax its requirements. For example, if there is an existing dwelling unit on a property that has less than standard setbacks, the City cannot require greater setbacks for the new development. SB-9 allows for new buildings to be developed with a maximum 4-foot setback, where the City’s normal standard is 5 feet. In addition, the City cannot impose standards that would prevent the ability of the project to include up to two dwellings, minimum 800 square feet each. Parking Requirements The City may require one parking space per unit because there are no qualifying “high quality” transit facilities within our jurisdiction, nor formal car share programs. ADU’s and Impact Fees As previously mentioned, SB-9 projects do not combine with the ADU law to allow more than three units per lot (which can currently be accomplished under local regulations). Overall, there are significant benefits to pursuing an ADU project rather than an SB-9 project. Specifically, an ADU project can net an additional unit (three versus two), ADU projects are exempt from impact fees, and ADU projects are exempt from owner-occupancy requirements. In addition, far more properties in the City are eligible for ADUs. New development proposed under SB-9 must pay all City impact fees, making SB-9 development relatively expensive when compared to ADU development. As a result, staff believes that property owners in the City will continue to pursue ADU projects over SB-9 projects, unless an urban lot split is pursued allowing for cost recovery through the sale of one of the resulting homes (with owner-occupancy required for the other). Statistical Analysis Ongoing City staff is coordinating with our Geographic Information Systems (GIS) team and leveraging recent research that was provided by the Terner Center for Housing Innovation at UC Berkeley to provide a statistical analysis of potential SB-9 project sites. This work is ongoing, and results will be shared with the community once it is completed. The final product will identify lots where SB-9 development is technically feasible. Staff intends to perform a fine grain level of analysis to take into consideration properties that would be limited from pursuing SB-9 projects due to Homeowner’s Association requirements (e.g. Stoneridge), and townhome developments that may technically qualify but practically do not have sufficient land available to support new development. Item 6a Page 27 of 28   SB‐9 Implementation Memo : 11/24/2021 : Page 4    Next Steps City staff will be making a presentation on SB-9 to the Planning Commission on December 8th. The City Council may also wish to discuss SB-9 on a future agenda. Should a majority of City Council members direct staff to prepare an emergency ordinance to address SB-9 development standards, staff would like the opportunity to discuss “trade-offs” with the City Council. Specifically, staff is currently prioritizing the Inclusionary Housing Ordinance update for completion in August 2022. Staff recommends that the SB-9 implementing ordinance follow the Inclusionary Housing Ordinance update. In the meantime, staff is tracking the work of other jurisdictions on this topic. The cities of Atascadero, Santa Barbara, Mill Valley, Palo Alto, and Cupertino are pursuing ordinances now. Staff will track these efforts and is also looking out for the expected guidance memo from HCD, which will help us identify the appropriate scope for a local ordinance on SB-9 implementation. Item 6a Page 28 of 28