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HomeMy WebLinkAbout01-22-14SAN LUIS OBISPO PLANNING COMMISSION AGENDA Council Chamber City Hall - 990 Palm Street San Luis Obispo, CA 93401 January 22, 2014 Wednesday 6:00 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners John Fowler, Ronald Malak, Michael Multari, William Riggs, Charles Stevenson, Vice -Chairperson John Larson, and Chairperson Michael Draze ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items. MINUTES: Minutes of January 8, 2014. Approve or amend. PUBLIC COMMENT: At this time, people may address the Commission about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments are limited to five 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. 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. Any decision of the Planning Commission is final unless appealed to the City Council within 10 days of the action (Recommendations to the City Council cannot be appealed since they are not a final action.). Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Appeal forms are available in the Community Development Department, City Clerk's office, or on the City's website (www.slocity.org). The fee for filing an appeal is $273 and must accompany the appeal documentation. 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. 1. 3987 Orcutt Road. SPA 95-13: Request to initiate amendments to the Orcutt Area Specific Plan including adjustment of the Urban Reserve Line (URL) abutting the Conservation/Open Space (C-OS) zone on Righetti Hill; Ambient Communities, applicant. (Brian Leveille) Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Community Development, 919 Palm Street, during normal business hours. Planning Commission Agenda Page 2 COMMENT AND DISCUSSION: 2. Staff a. Agenda Forecast 3. Commission ADJOURNMENT Presenting Planner: Brian Leveille ® The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Please contact the City Clerk or staff liaison prior to the meeting if you require assistance. . city of Meeting Date: January 22, 2014 sap lu s D �i X s p a Item Number: 1 111lh;dPLANNING COMMISSION AGENDA REPORT SUBJECT: Review of request to initiate amendments to the Orcutt Area Specific Plan (GASP), including adjustment of the Urban Reserve Line (URL) and rezoning of approximately 3.5 acres of Conservation/Open Space (CIOS) Zoning to Single-family Residential (R-1-SP) on portions of the north, west, and east flanks of Righetti Hill. PROJECT ADDRESS: 3987 Orcutt Road BY: Brian Leveiile, Associate P er (781-7166) hl eve i l le (a1 s to city. org VIA: David Watson, ConsultIng Planner, Watson Planning Consultants FILE NUMBER: SPA 95-13 FROM: Doug Davidson, Deputy Director (781-7177) ddavidson slocit .or D. b RECOMMENDATION: Recommend the City Council approve the request to initiate amendments to the Orcutt Area Specific Plan while maintaining existing Conservation/Open Space zoning (CIOS) and keeping the Urban Reserve Line (URL) in the current location. 1.0 PROJECT SUMMARY The applicant is requesting authorization from the City Council to pursue amendments to the Orcutt Area Specific Plan (GASP) including the relocation of the Urban Reserve Line (URL) to accommodate development in areas currently zoned Conservation/Open Space (CIOS) on Righetti Hill. The applicant has requested clarification on a number of policies and regulations which staff will discuss in this report. The Planning Commission's role is to make a recommendation to the City Council on whether to initiate the proposed amendments. �3IIIDo11Y.V 1 Applicant I Travis Fuentes, Dante Anselm❑ Ambient Communities Representative I Todd Smith, Cannon Zoning I various per specific plan General Plan Orcutt Area Specific Plan Site Area 143.82 acres Environmental A Program -Level Final EIR was Status adopted for the ❑ASP in 2010. SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 2 2.0 SPECIFIC PLAN AMENDMENT INITIATION The applicant's proposal involves several zoning amendments within the Orcutt Area Specific Plan. Zoning Code section 17.70 requires Council authorization in order to initiate amendments involving zone changes. The purpose of the Commission's review is to evaluate the request and provide a recommendation to Council on the requested initiation. In addition to the initiation request, the applicant has requested formal clarification on how a number of development standards, policies, and review procedures would apply to the proposed development. The initiation review is not intended to be an exhaustive analysis of the applicant's project plans and does not identify all potential conflicts with City regulations or policies which may require amendment or which could require revisions. If the initiation request is authorized by Council, a subsequent formal application would be submitted and evaluated based on Council direction. The proposed project would then be evaluated comprehensively as a formal application including any necessary environmental review. Many of the items included in the applicant's initiation narrative which are less significant in scope such as minor adjustments to parkland dedication, pathways in creek setbacks, detention basins, storm water facilities, and street cross sections should be addressed as part of the overall evaluation of the complete project submittal which would occur following review of the initiation request. 3.0 SUMMARY OF APPLICANT'S REQUEST The Righetti Ranch project site comprises just under 144 acres of the overall 231-acre Orcutt Area Specific Plan (GASP). The applicant has submitted a narrative (Attachment 3) which seeks to modify or seek clarification on the following: a. Adjust the Urban Reserve Line (URL) along the North (.6 acres) and West sides (2.4 acres) of Righetti Hill and a portion of the east flank of Righetti Hill (.6 acres). b. Receive clarification regarding the conformance of the EIR with respect to adjusting the URL. c. Receive clarification on when the 50' setback from the URL is applied, and on grading and hillside construction ordinances with respect to large subdivisions. In addition to the above issue areas discussed in the applicant's initiation request there are two other main proposed modifications to the OASP which are being requested. Approximately 2.8 acres of R-3 (Medium -High Density) Zoning currently in OASP south of "D" street is proposed to be moved to southwest corner of project site and relocation of park space north of the current location is also proposed (Figure 1, below). SPA #95-13 RASP Initiation Request — Orcutt Area Specific Plan Amendments Page 3 4.0 EVALUATION 4.1 Initiation Request a. Adjust the Urban Reserve Line (URL) along the North and West sides of Righetti Hill. The most significant issue raised by the applicant is the proposal to rezone portions of Righetti Hill which are currently zoned Conservation/Open Space (CIOS) above the current URL line to R-1-SP Zoning up to a new proposed URL at a higher elevation. The OASP is quite specific in the graphic placement of the URL, which varies at its lower elevations between the 260" to 320' contours. From these lower elevations, the open space area above the URL reaches to the top of the hill, totaling some 48 acres as noted in the Specific Plan. The applicant's proposal would effectively raise the URL to coincide with contour lines ranging from 300 feet to 320 feet along most of the western and northern slopes of Righetti Hill, with the exception of a small area where the URL would extend down the hill to roughly the 270" contour (extreme northwestern corner, above "D-2" Street). The applicant is also proposing to move the URL and rezone .6 acres of area zoned CIOS along a portion of the eastern flank of Righetti Hill where Hansen Lane intersects Orcutt Road. In total, the applicant is proposing to reduce the URL area by approximately 3.6 acres. (Figure 2, below). SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 4 The modification of the URL, particularly on the western facing slope, is most significant in allowing development to encroach higher up the hill than allowed under the OASP. While Righetti Hill is visible from many vantage points in southern and eastern San Luis Obispo, neighborhood views of the hill occur in the immediate area from Tank Farm Road, and from other main roadways such as Broad Street and Orcutt Road. The applicant has submitted photographic simulations intended to show that the URL modifications do not represent a significant change to the visual appearance or prominence of the main hillside. The photo simulations are limited to a single vantage point from Tank Farm Road, near what would be the "D" Street intersection with Tank Farm Road. It is difficult to evaluate if these photo simulations accurately depict the proposed modifications. This analysis would likely need to be undertaken as part of a Supplemental EIR analysis in the event Council approves the applicant proposed initiation. In reviewing the 2009 Final EIR for the Specific Plan, it appears that various factors were used to establish the URL as it is currently adopted. These factors include: SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 5 • Aesthetic impacts from "urbanizing" the Orcutt area through conversion of large areas from grazing and other agricultural and predominantly open space uses; • Impeding views of Righetti Hill by introducing residential development on and around the hills; • Preservation of Righetti Hill as a scenic backdrop for the Orcutt Area and southern San Luis Obispo; • Wildlife habitat and creek protection by preserving critical open space on the hill; • Setting aside the rocky upper slopes of the hill for special -status plant species (Coastal scrub, Rayless ragwort); • Setting aside steeper slope areas (generally above 30%) as permanent open space; and, • Respecting established scenic corridors along Tank Farm and Orcutt Roads. The applicant has referenced two policies which are characterized in their narrative (Attachment 3, page 9) as the true intention of the open space on Righetti Hill to be above the 320 foot contour line. The applicant also makes note of a 2012 easement received by the City for the Righetti Hillside that more closely corresponds to the 320' contour elevation. Staff Analysis - Urban Reserve Line Modifications: Orcutt Area Specific Plan Policies 2.2.9 and Conservation/Open Space Section 3.2.3 state: Policy 2.2.9: The majority of Righetti Hill (approximately 48 acres) shall be preserved as natural Open Space through dedication to the City. This area includes the hill from the 320- foot elevation to the top of the hill, an abandoned rock quarry located on the west slope, and an existing unpaved access road. No development or private lots will encroach on this area. 3.2.3 Conservation/Open Space (C/OS-SP): The Conservation/Open Space designation will apply to Righetti Hill generally from the 320 foot elevation to the top of the hill as a permanent zone in the Area. Chapter 2, Conservation, Open Space and Recreation provides the goals, policies, and programs for the designated open space areas. Taking on the issue of the 2012 easement first, this easement was a requirement of the Local Agency Formation Commission (LAFCO) as a precursor to annexation of the property to the City. At the time this requirement was imposed by LAFCO, the placement of the easement generally along the 320' contour was intended to allow some further flexibility in final placement of the URL, as detailed analysis was undertaken with the Specific Plan. This more detailed analysis would allow the final placement of the URL to be delineated, taking into consideration physical constraints of the hill, as well as visual and aesthetic consideration, public access, wildland fuels management, and cultural/historic resources. The Natural Resources Manager has noted it was specifically the intent of the OASP to record the easement above the URL in some locations to allow for more flexibility for construction and maintenance of access trails, and work for wildland fuels management. There is no SPA #95-13 GASP Initiation Request — Orcutt Area Specific Plan Amendments Page 5 conflict between the location of the easement and the final placement of the URL which is clearly identified in various graphics of the GASP figures 1.3 & 2.4 (land use map & open space and parks plan). "Al JUN N ARK A � Arrrr ROUTE ' ;r V1FWS TOWAR❑ OPEN SPACE AREA RIGHETTI HILL OPEN SPACE SCENIC BUFFER Figure 3. OASP diagram of street layout to preserve views of Righetti Hill (GASP Figure 2.9) The OASP highlights the importance of maintaining views toward the west base of Righetti hill as referenced in Figure 2.9 (above).' The applicant's submittal narrative indicates this is not a feasible street layout and that the streets should follow contours of the hill. Staff agrees that the suggested street pattern may require modification if it can be shown technically infeasible. Staff disagrees, however, that the response should be to move development higher up the hill at the expense of the overarching policy of the GASP to preserve views into the open space of the west flanks of Righetti Hill. The final location of the URL and Conservation/Open Space boundaries closely correspond with slopes around Righetti Hill and are consistent with development restrictions that appear in Zoning and Hillside Regulations which state that development should not occur on slopes greater than 30%. Final EIR exhibits Figure 2-5 (Open Space and Parks Plan) and Figure 4.2-1 (Soils Survey Map), among others from the FEIR, provide graphic translations of specific slopes and soils analysis, which were particularly important defining characteristics when setting the URL on Righetti Hill. Figure 1.2 1 OASP Program 2.4.1.h. Street design in the R-1 subdivision shall generally conform to Figure 2.9 to preserve optimum views from the "D" street area toward_Righetti Hill. SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 7 (Existing Site Conditions) of the OASP also makes a compelling presentation as to why the lower demarcation of the URL is located at an undulating elevation on Righetti Hill. This Figure 1.2 includes a 30% slope line demarcation that approximates very closely the URL along the western and northern hillsides. In addition to the specific analysis and resulting language of the OASP, 30% slope standards and development restrictions appear repeatedly in the city's Zoning and Hillside Regulations as a clear and distinctive barrier to encroachment of development on steeper hillsides. These 30% standards were as much a part of defining potential development envelopes on and around Righetti Hill as were the aesthetic and visual impact analysis and mitigations addressed under the FEIR for the Plan. The applicant's proposed relocation of the URL results in development on slopes exceeding 30% on the west and north slopes of Righetti Hill. In addition to the west and northern flanks of Righetti Hill, the applicant is proposing to move the URL and rezone .6 acres of C/OS zoning to R-1-SP zoning on the eastern flank of Righetti Hill. Orcutt Road is classified as a road of High Scenic Value along the eastern boundary of the site. This area of development was characterized in the OASP as "sensitive" and all development along parcels adjacent to scenic roadways in the OASP require Planning Commission evaluation as part of subdivision review, and architectural review is required to preserve views in this area. Staff believes that adjusting the URL and rezoning from C/OS to R-1-SP would not be consistent with adopted policies and programs of the OASP.3 The proposed additional development area would impact scenic views of the area adjacent to the eastern flank of Righetti Hill along this portion of Orcutt Road. b. Receive clarification regarding the conformance of the EIR with respect to adjusting the URL. Staff Analysis — EIR conformance: The EIR for the OASP was certified by Council with a finding that Aesthetic impacts were a Class 1, Significant Unavoidable Impact. Under this determination, a Statement of Overriding Considerations was adopted that essentially acknowledged that the various mitigation measures imposed under the Specific Plan (such as the URL limitation, special height limits, open space corridors and alignments, and others) would still not collectively resolve visual impacts to less -than -significant thresholds. To vary from these URL and visual standards by waiving or further loosening them significantly, would expand the Class 1 impacts beyond those considered by the final EIR and Council action. The Final EIR did not consider the scope of the applicant proposed adjustments to the URL and other proposed modifications which also include more significant hillside grading than was evaluated in the OASP EIR. 2 OASP Program 2.4. Le 3 OASP Policy 2.4.1 & Programs 2.4.1.b & 2.4.1c SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 8 The following topic areas have initially been identified as likely requiring further evaluation in a Supplemental EIR if an amendment to the OASP and related policies was to be considered to modify the URL as proposed: 1. More precise slope mapping to verify the locations of slopes above and below a 30% threshold; 2. Habitat and plant species studies to verify the presence, or absence, of significant plant communities or wildlife corridors within the modified URL areas; 3. Cultural resource surveys to identify the presence or absence of such resources in the modified URL areas; 4. Geologic and soils investigations concerning the areas of the modified URL; 5. Visual simulations from various vantage points to analyze the effect of placing development further up the hillsides on the northern and western slopes, and the area on the east flanks of the hill adjacent to Orcutt Road. These simulations would likely focus on views from from Tank Farm Road, Broad Street and Orcutt Road which are identified in the OASP as roads of high scenic value; 6. Massing studies to evaluate the scale of development within a modified URL; 7. Air quality analysis to evaluate additional emissions from the significant additional grading resulting from the applicant's proposed grading on steep hillsides for the proposed modified URL. The scope of these studies suggests a significant re-evaluation of the development limits and aesthetic/visual impacts of amending the URL and would trigger a Supplemental EIR. A Supplemental EIR focused on these study topics would provide the information and analysis needed to comprehensively evaluate amendments to the URL and associated grading and development standards specific to a proposed project or tract map. c. Receive clarification on when the 50' setback from the UAL is applied, and on grading and hillside construction ordinances with respect to large subdivisions. Staff Analysis — 50-foot setback from URL: The applicant makes reference to General Plan Open Space policies requiring 50-foot setbacks from new development to an existing URL. Section 1.2 of the OASP provides guidance on how to interpret plan goals and consistency with the General Plan. This section states that the policies and standards in the OASP take precedence over more general policies and standards during review of projects within the Specific Plan Area. This section clarifies that in situations where policies or standards relating to a particular aspect of development have not been provided in the Specific Plan, the existing policies and standards of the City's General Plan and Zoning Ordinance will apply. A more targeted analysis was used in establishing standards for the location of the Righetti Hill URL in the OASP. The OASP was adopted to guide the placement of new development to minimize, but not eliminate, visual impacts on Righetti Hill. This not only includes the URL, but land use types, SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 9 roadway and trail alignments, building height limitations, and various other restrictive standards that, collectively, act to reduce the scale of development encroaching up this hillside. Based on the current mapping of the URL and noted development criteria as discussed herein, the land use exhibits and conceptual lot patterning shown in the OASP take precedence over the standard General Plan URL setback requirement of 50 feet as described in OASP section 1.2. Staff Analysis — Hillside Grading and Development: The applicant is requesting clarifications on at least two development standards concerning hillside grading and development. The first, a design standard that requires new lots on slopes to contain at least 5,000 square feet of area composed of naturally occurring slopes of 10% or less. This standard comes from the Community Design Guidelines, Chapter 7.2, Hillside Development, Subdivision Design Section 7.2.A. La(2), and is intended for smaller subdivisions and not larger lot master planned communities such as the Orcutt Area Specific Plan which specifically included provisions for reduced lot sizes and flexibility in development standards to allow a variety of housing types along with protection and preservation of features such as Righetti Hill4. The second standard cited addresses Construction and Fire Prevention Regulations 15.04, "Special Grading Standards", that requires finished topography of a development site to remain in substantially its natural state, discouraging mass re -contouring and grading. Table J101.6 established various maximum percentages of sites that could be graded based on varying slope categories. On December 3, 2013, the Council introduced an Ordinance amendment to this standard that provides clarification that strict adherence to this Table J101.6 is not required when a grading plan is approved as a part of a tentative subdivision map or other development entitlement that is otherwise consistent with General Plan and hillside development standards. In the case of the proposed development, Table J101.6 would not be applicable to processing the applicant's application. It should be noted however, that the modification to Special Grading Standards clarified that the exception to specific grading limitations require consistency with General Plan policies and other hillside standards. "Exception: Grading specifically approved and/or conditioned in conjunction with a tentative subdivision map, development proposal, or similar entitlement consistent with General Plan policies and other hillside standards is not subject to the specific grading limitations noted in this section. " The proposed site cross -sections include a significant amount of grading, especially on the steeper slopes above the adopted OASP URL. Slopes adjacent to the currently adopted URL do not exceed 30 percent and areas zoned for development do not exceed 20%.5 The applicant's proposal involves development on steeper slopes than envisioned in the adopted OASP beyond the City established URL which further intensifies the proposed re -contouring and mass grading in these areas. The proposed 4 OASP Land Use and Development Standards Intent 5 Conservation and Open Space Policy 9.1.13.1-4. Development shall avoid prominent locations such as ridgelines, and slopes exceeding 20 percent, avoid unnecessary grading, preserve scenic landforms, and avoid stark contrasts with setting. SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 10 grading plans are not consistent with grading and hillside development regulations which the OASP specifically references as policies and regulations that shall be complied with. The OASP states that development on the lower slopes of Righetti Hill shall respect existing contours and be designed consistent with Section 7.2, Hillside Development, of the Community Design Guidelines.6 Hillside Development guidelines of the Community Design Guidelines contain specific requirements for site planning, subdivision design, grading, and building design which future submitted subdivision plans and building design will have to comply$. Related to grading regulations, the applicant's initiation narrative also requests clarification on how height requirements of the Zoning Regulations would apply to the project. Sheet 3A of project plans contains a table which indicates up to 97 homes could exceed the 25 foot overall height requirement in the R-1 zone. The Zoning Code allows overall height to exceed 25 feet up to a maximum of 35 feet in the R-1 zone with approval of an administrative use permit. There are no separate height standards in the OASP which would take precedence over Zoning Regulations. The applicant's grading plans, subdivision layout, and building design should be designed consistent with policies calling for low profile development that conforms to the natural slopes. 2.7 Subdivision Design Flexibility vs. Specific Plan Amendments Staff Analysis: The concept of design flexibility and variation from "typical" subdivision standards has been discussed with the applicant team as an alternative to seeking amendments to the Specific Plan or other City General Plan, Zoning and development guidelines. The OASP contains a great deal of flexibility in exploring these design alternatives. While staff is equally cognizant of the importance of meeting other important goals of the OASP, such as minimum residential densities and diversity in housing types, there are other viable alternatives to meeting these goals within the limits of the adopted OASP. Staff also acknowledges the difficulty in working with the host of policies and regulations that make up the Specific Plan and attendant city regulations and guidelines, and the need to make the final product financially feasible for the applicant to pursue. The currently proposed design achieves density toward the upper range of OASP target densities. 6 OASP Policy 4.1.3 Community Design Guidelines 7.2.A.4. Single elevation graded pads should be avoided in favor of more careful site reparation that provides stepped foundations and/or smaller scale graded areas. Community Design Guidelines 7.2.B.1. Overall Design. Each structure should have a low profile and conform to natural slopes. SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 11 Unit Type — dwelling units (du) Density Range Ambient Plan R-1 Low -Density S-Fam Res 181 — 187 du 186 du R-2 Medium -Density Residential 69 — 84 du 84 du R-3 Medium -High Residential 38 — 42 du 42 du Totals 288 — 313 du 311 du Based on the applicant's proposed design, a number of the larger R-1 lots on steep hillsides of Righetti Hill would have to be eliminated with the URL maintained in its currently adopted position. However, the applicant and their design team could pursue greater attention to variation in their design that could serve to achieve the minimum density thresholds of the OASP while also achieving conformance with Grading and Hillside development policies discussed above, such as: Density 1. Reduce and vary the size of R-1 lots to accommodate higher yields (the submitted plans call for an overall "average" of 6,000 sq ft R-1 lots) while the OASP allows a minimum lot size of 4,500 sq. ft.; 2. Focus smaller R-1 lots across from R-2 product on D-1 and C-1 streets; 3. Create an R-2 or R-3 cluster near the proposed park at C-1/D-2 intersection; 4. Use of common wall units (duplex); 5. Use of Zero Lot Line units; Grading 6. Eliminate padded lots in favor of contour -built buildings; 7. Provide for rear -yard drainage collection and conveyance systems; 8. Introduce a combination of stepped and split-level housing design; 9. Reduce improved street widths; 10. Vary road gradient standards; 11. Utilize driveways for rear garage access on larger R-1 lots, not on R-2 lots with full frontage to proposed streets; 12. Use cul-de-sacs instead of looped streets; and/or, 13. Use of shared driveways. SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 12 CONCLUSION The OASP is designed to meet goals established in the City's General Plan. The protection and enhancement of Righetti Hill and visual resources in open space areas are key plan goals of the OASP9. Another plan goal of the OASP is to provide a new residential neighborhood to meet the City's housing needs. The OASP was designed with flexibility in mind so that these objectives would not be mutually exclusive10. Righetti Hill is listed in the General Plan as a particularly important natural landmark as one of the defining Morrosll , and is visible from much of the southern portion of the City12. Orcutt Road and Tank Farm Road are designated in the General Plan as having high scenic value and the Specific Plan is designed to preserve and enhance these scenic resources. Staff does not recommend adjustment of the URL and attendant rezoning of Conservation Open Space (C/OS) Zoning to Single -Family Residential (R-1) around Righetti Hill since this aspect of the Specific Plan initiation is fundamentally in conflict with the overall goals of the OASP, and by extension Land Use Element (LUE)13 and Conservation and Open Space (COSE) Element policies14 with which the Specific Plan must remain consistent. Staff is recommending authorization of the initiation request since the overall project (not including URL adjustment and rezone of C-OS), and proposed amendments such as the request to relocate Medium -High Density Residential Zoning (R-3) and reconfigure park land and R-1 zoning shown in Figure 1, appear to warrant consideration in a formal application. ALTERNATIVES 5.1 Determine that no major amendments should be made to the Specific Plan and recommend the City Council deny the request for Specific Plan Amendment Initiation. 5.2 Recommend the City Council approve the Specific Plan Amendment Initiation as proposed by the applicant. 5.2 Continue the item. An action to continue the item should include a detailed list of additional information or analysis required. 9 OASP 1.2 Plan Goals and Consistency with the General Plan 10 OASP 3.1 & Policy 3.2.5 Density can be calculated with net lot area prior to subdivision, minimum lot sizes reduced, and zero -lot lines encouraged in R-1 development in order to gain efficiency, incorporate more affordable units and avoid repetitious design. 11 OASP 1.5 Planning Area Character 12 OASP 2.4 Scenic Resources 13 Land Use Element Policy 6.2 Hillside Policies. Protect and preserve scenic hillside areas and natural feature sucha s the volcanic Morros. Steep slope areas function as landscape backdrops for the Community. 14 Conservation and Open Space Element Policy 4.1.3: Development along the lower slopes of Righetti Hill shall respect existing elevation contours and shall be designed consistent with Section 7.2, Community Design Guideliens for Hillside Development. SPA #95-13 OASP Initiation Request — Orcutt Area Specific Plan Amendments Page 13 6.0 ATTACHMENTS 1. Draft Resolution 2. Vicinity Map 3. October 9, 2013 Application Letter from Applicant Ambient Communities 4. October 4, 2013 "Initiation Submittal" Project Plans from Applicant (Enclosed in packets: I Ix17 plans in color) 5. OASP Final EIR Figure 2-5 (Open Space and Parks Plan) 6. OASP Final EIR Figure 4.2-1 (Soils Survey Map) 7. OASP Figure 1.2 (Existing Site Conditions) detailing 30% slope demarcation 8. OASP Figure 1.3 (Specific Plan) Attachment 1 RESOLUTION NO. XXXX-14 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AUTHORIZE INITIATION OF AMENDMENTS TO THE ORCUTT AREA SPECIFIC PLAN FOR THE RIGHETTI RANCH PROJECT (SPA 95-13) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 22, 2014, pursuant to a proceeding instituted under application SPA 95-13, Ambient Communities, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. 1. The request to initiate amendments to the General Plan is consistent with City Regulations and Council authorization to initiate General Plan Amendments is required since modifications are proposed to General Plan Land Use designations of the Orcutt Area Specific Plan and relocation of the City of San Luis Obispo adopted Urban Reserve Line (URL). 2. Planning Commission review and recommendation of City Council action on the proposed initiation of General Plan Amendments is among the Planning Commission's duties and functions which include the recommendation of actions on General Plan Amendments. Section 2. Environmental Review. The proposed request for initiation involves and initial feedback and direction on the proposed amendments and does not include any final action. Council action on the proposed initiation is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). If initiation of amendments is authorized by the City Council, a formal project submittal for consideration of the proposed amendments including subdivision and associated discretionary entitlements will be subject to environmental review. Section 3. Action. The Commission hereby recommends City Council authorization of initiation of Specific Plan Amendments while maintaining existing Conservation/Open Space zoning (C/OS) and keeping the Urban Reserve Line (URL) in the current adopted location. Resolution No.XXXX-14 Page 2 On motion by Commissioner roll call vote: AYES: NOES: REFRAIN: ABSENT: , seconded by Commissioner , and on the following The foregoing resolution was passed and adopted this 22°d day of January, 2014 Doug Davidson, Secretary Planning Commission ■ :.mk,is Attachment 3 ❑rcutt Area Specific Plan; Righetti Ranch Initiation Application Narrative Righetti Ranch Project Initiation Narrative Ambient Communities - October 10, 2013 Ambient Communities is excited to work with the City of San Luis Obispo to provide much needed housing and its corresponding public benefits and amenities, and help preserve environmentally sensitive areas, including the majority of Righetti Hill. We have been working with City Staff on the Parsons Land (Figure 1) to create a development plan with which we all can be proud. Through the design process and in working with staff, we have a more comprehensive understanding of the site constraints. We are now at a point where we can better identify how certain goals and objectives of the specific plan conflict with the site constraints. Additionally, it is not possible to meet all of the goals and objectives of the GASP, so the proposed project will require sacrificing some aspect of housing density, housing diversity, and hill side open space below the 320-foot elevation or the number of total lots. For this reason, we are submitting for Initiation Review to obtain guidance on how to best balance the goals and objectives of the Specific Plan with the more clearly defined site constraints. PARSONS LAND (RIGHETTi RANCH) '�',' SEE �YYwA151] . i �.. � yr' li. .. -.. • '�: �'-�,'NC r 1 I A 5, r+.2,.. Figure 1. THE OASP AND 1 RIGHETTI RANCH I F: t URLWESTOF RiGHETTI HILL We have identified the most prominent issues that require formal input for this request. This is not intended to be a comprehensive list of all the project challenges, but serves to focus on the items that we, along with staff, have identified as the most prominent. The sections that follow contain a full review of the issues and challenges on which we seek clarification or modification. As we compare Specific Plan goals, constraints, and mitigation measures, it is important to note that we are not asking for these modifications to deviate from the Specific Plan but rather so that we can better impie ment its goals and intent in the most balanced way. One of the critical challenges of the Righetti Ranch project is how best to accomplish the overall housing goals of the GASP. The items we seek to modify or receive formal clarification on are the following: Ambient Communities I Central Coast -1- Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative a. Adjust the Urban Reserve Line (URL) along the North and West sides of Righetti Hill. b. Receive clarification regarding the conformance of the EIR with respect to adjusting the URL. c. Receive clarification on when the 50' setback from the URL is applied, and on grading and hillside construction ordinances with respect to large subdivisions. In order to best understand the issues and challenges outlined, it is best to first understand how the Righetti property fits into the overall Orcutt Area Specific Plan. The Righetti Ranch development is the largest and most complex project within the GASP. Because of its size and location, the Righetti Ranch project will deliver most (in some instances possibly all) of the public amenities and infrastructure required for the success of the OASP. Thus, a proper evaluation of the benefits and challenges of the Righetti Ranch project requires its examination in context of the entire GASP. The following table will help put the impact of the Righetti Ranch project into perspective: Table 1 Righetti % of Improvements per OASP Area OASP Improve ents Righetti OASP Land Area 144 acres 231 acres 62.3% Acres of Development 45 acres 115 acres 39.3% Unit Allocation by Property 288-313 892-979 31.5 % Dedicated Parkland &Regional 14 acres & 5.6acres 70% Detention 27.8 acres Dedicated Open Space (includes 72 acres 90.1 % Conservation Easements) (73.5 offered by 79 acres ° (92 7 /°) proposed plan) Offsite Frontage Improvements Orcutt & Tank Farm) - - 55% Shared Sewer & Water Improvements _ 70% Parks, Open Space, Infrastructure, and Housing The Righetti property comprises 144 acres of the 231 total acreage of the GASP, which equates to 62.3% of the OASP's total land area. As the largest property, it carries the largest public responsibilities. The Righetti Ranch project will deliver most of the parks, open space, walking trails, bike paths, and collector streets within the GASP. However, as the largest property with the largest responsibilities to public benefits, Righetti Ranch will provide only 31.5% of the housing for the entire GASP. This places a disproportionate share of the infrastructure and public amenities on the Righetti Ranch. It is important to note that the Righetti Ranch project will provide nearly all of the available R-1 housing — 85%— for the entire GASP. Ambient Communities I Central Coast W9 Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative Parks: Righetti Ranch will deliver more than 70% of the parkland as measured by acreage and 75% of the Class 1 and Class 2 bike paths. The parks include a new trailhead park at the entrance to the Righetti Hilltop open space, linear parks, a neighborhood pocket park and a large Community Park planned as the centerpiece of the HASP (Figure 2). Open Space: Because Righetti Hill is situated within the Righetti Ranch project, a large portion of the property is rightfully set aside as protected open space. The result of this open space protection is that only 32% of the Righetti Ranch acreage is available for development with the remaining 68% set aside as open space, parks, bike paths, collector streets, and a community detention basin. By comparison, the remaining properties are allowed between 65% and almost 100% of their acreage for development. Infrastructure: Many of the underground utilities for the RASP connect at the Southwest corner of the property on Tank Farm (Figure 3). These utilities must cross almost the entire length of the Righetti Ranch project to service our project, as well as many of the properties within the GASP. Consequently, The Righetti Ranch project will be asked to front the cost for increasing pipe sizes and depths of utilities to accommodate the adjacent properties. In addition, the Righetti Property will be asked to front the cost of approximately 62% of the collector streets within the GASP until alternative financing is available or adjacent properties within the GASP Fee program fund their fair share. Together with the Open Space and Park obligations, we are under tremendous pressure to ensure the number of lots meets the original projections of the OASP in order to leverage our disproportionate share of Specific Plan obligations. Ambient Communities I Central Coast -3- Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative WATER LINES, STREETS AND SEWERS, HAVE TO RUN THROUGH THE RIGHETTI RANCH PROJECT TO SERVICE THE ENTIRE RASP. Housing: The Righetti Ranch project will provide 186 R1 lots in a variety of sizes. Using the" forecasted development potential by landowner" of the GASP (Table A-2), only 264 R-1 lots are designated in the entire Specific Plan. This represents only 27% of the overall units planned (264 R-1 out of 979 total units), The Righetti property represents at least 70% of the R-1 development opportunity of the entire OAS and as much as 85% when the Garay property is removed from the DASP planned unit count. We consider maximizing this opportunity to allocate R-1 lots as a critical part of the overall success of the DASP. Table 2 Righetti Parcel as Proposed Rest of DASP Righetti Percentage of DASP Units R1 186 lots 32 potential units* 85% R2 84 lots 192 potential units 30% R3 41 townhomes 295 potential units 12% Total 311 units 832 units 37.4°% overall *The potential does not Include the Garay units as they are opposed to developing their parcel. If Garay were to someday develop homes, Righetti would still represent 70% of the total R1 lots. Ambient Communities I Central Coast -4- Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative The Challenges of Meeting the Goals of the OASP The OASP has identified goals and objectives to guide development in such a way that will bring needed housing to the area in a manner that respects the natural resources and character of the properties. A major conflict between the goals and challenges of the OASP lies in maintaining the required number of building lots as specified in Table A-2 of the OASP and protecting the open space and view corridors of Righetti Hill. Per OASP Tables 3.1 and A-2, the Righetti Ranch project (Parsons) is expected to be developed with 181 to 187 R-1 lots at an average size of 6,000sf, 69 to 84 R-2 lots at an average size of 4,500sf, and 38 to 42 R-3 units. As stated in the OASP (OASP 1-1), the overall goals and objectives include: a) Develop a new residential neighborhood to meet the City's housing needs b) Provide a variety of housing types and costs to meet the needs of renters and buyers with a variety of income levels, including affordable housing for low, and very low, income residents c) Protect and enhance Righetti Hill, creek and wetland habitats, and visual resources in open space areas d) Provide a variety of park and recreational facilities for the residents of the Orcutt Area e) Phase development to provide public facilities in a rational and cost effective fashion f) Incorporate bicycle/pedestrian paths along roads and through parks and open space areas. The challenges in executing these Goals and Objectives of the OASP include: a) Lot count and density must meet the development potential for each landowner in order to finance the park space, open space, trails, infrastructure, and street frontage improvements. b) Limited opportunities exist elsewhere in the OASP to provide R-1 lots that create a diversified product line. c) Given the defined constraints, our property has limited R-1 acreage to provide the R-1 diversity and lot count. d) The Righetti Ranch property has the largest share of open space, park space, and infrastructure responsibilities of the OASP. Collectively these obligations require more than 60% of the property for the benefit of all properties within the Specific Plan. This is contrasted with only 39% of the property available for housing. e) Many of the level areas of the property contain environmental constraints, such as creeks or wetlands, or they are set aside to provide large level spaces to accommodate the Community Park facilities such as ball fields and tennis courts. This limits the flat areas allocated for housing and requires locating some of the housing onto the slopes and hillside where the topography is more challenging. f) Because most of the Righetti Ranch property is set aside for public use, we are under much more pressure in terms of infrastructure financing to ensure that the developable areas meet the yield originally planned. Ambient Communities I Central Coast -5- Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative g) Any reduction of R-1 units will negatively impact the CASP's priority to provide diversity in product type and significantly impact the project's ability to fund infrastructure, as these units are typically the most valuable and carry a higher fee structure to support funding the capital improvements as outlined in Chapter 8 in the Specific Plan h) Present alignment of URL makes it very difficult to meet the goals and objectives. The present location of the URL on Righetti Hill creates much of the difficulty in meeting most of the goals and objectives of the GASP. We will discuss this in further detail, as it is the critical issue of the project. SIDE SLOPE YARDS CREATE EXCESSIVE RETAINING WALLS BETWEEN EACH LOT AN MASSIVE RE -CONTOURING OF THE '. .. HILLSIDE 1 VIEWS TOWARD OPEN SPACE ARE -- Figure 2.9 from the GASP URBAN RESERVE LINE SET TO REFLECT PROPOSED LAYOUT SCENIC " r k BUFFER STREETS ARE TOO STEEP TO MEET PUBLIC WORKS DEVELOPMENT STANDARDS To protect the view corridors and hilltop open space, Program 2.4.1h of HASP suggested that the general street layout on the west side of Righetti Hill conform to Figure 2.9 (shown above). While this clearly was not a directive on how to design the site in strict terms, it appears this concept influenced the placement of the URL, as the URL so closely follows the location and edge of this conceptual development. All stakeholders agree this is the least favorable street design and lot layout. However, the influence on the URL location appears to be based largely on this conceptual site layout. The conflict now arises when a more appropriate development plan better suited to the hillside -- wherein streets follow the contours and the Iots are more vertically aligned, reducing grading impacts and drainage problems. This presents a clear issue with the alignment of the URL. This is demonstrated in the following illustration (Figure 3). Ambient Communities I Central Coast Q:2 Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative PROPOSED URL, AT THE BACK OF URL CREATED TO REFLECT LAYOUT IN OASP FIGURE 2.9 THE NEW LOTS LONG SIDE OF LOTS ORIENTED i ] UP AND DOWN THE SLOPE OF ALLOW I III [ G TRANSITION OFGRADE LINEAR PARK TO ALLOW VIEW CORRIDOR AS ORIGINALLY ENVISIONED AS STREETS IN V ❑ASP FIGURE 2.9 11 1 1 1 1 1 1 r—L I r I STREETS RESPECT CONTOUR OF HILLSIDE AND CLIMB ONLY AT LOCATIONS OF MODERATE SLOPE Figure 3. Proposed Layout That ! / Respects the Slope of the Hillside As you can see by comparing OASP figure 2.9 and figure 3, the superior design of horizontal streets and vertical lots conflicts with the current URL location that bears striking resemblance to the GASP design concept. This better design matches the lot count specified in the GASP but extends past the present URL. Therefore, if the URL remains in the present location dictated by the OASP, we will lose approximately 26 of the R-1 lots, which cannot be replaced on our property or elsewhere in the Specific Plan. This would be a significant loss that will hinder the viability of our development and also significantly impact the City's ability to fund the infrastructure as intended by the OASP. Solutions to the Challenges and Conflicts With a better understanding of how the Righetti Ranch property fits into the overall development of the OASP, and how the development of the property largely in accordance with the OASP presents numerous challenges and conflicts, we will look at the solutions. a. ADJUSTMENT TO THE URBAN RESERVE LINE: First, during the exploration of alternatives to moving the URL with staff, a suggestion was made to make the Iots smaller and to use the zero -lot -line product to "shrink" the development below the URL. We have looked at this option. However, it does not work for the following reasons: 1. The lots surrounding "D" street are a mix of R-1 and R-2 lots with an average size of approximately 4,000sf (Figure 4). Therefore, the lots in this area are already close to their minimum allowed size, and thus the amount of "shrinkage" would be nowhere near enough to Ambient Communities I Central Coast -7- Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative pull the project under the URL. Additionally, if the R-1 lots near the R-2 lots become any smaller, they will be indistinguishable from R-2 lots, effectively sacrificing scarce R-1 lots for a higher number of R-2 lots in design and character. This creates further conflict with providing a range of diversity in the lot and housing types. 1_1 IJU "D" Street LOTS SURROUNDING "D" STREET HAVE AN AVERAGE SIZE: OF APPROXIMATELY 4.000SF �. ' Figure 4 Lots Surrounding "D" Street 2. Even though the slope is less drastic in this lower portion of the site, the lot depth shown is needed in order to transition the grade between the linear park and detention basin to the West and the hillside to the East. Therefore, the lot size in this area was determined by the minimum lot frontage that allows a housing product consistent with the rest of the Righetti Ranch Project and the fixed lot depth capable of making the transition in grade. Discussions with City Staff also resulted in a reasonable suggestion of duplex housing. However, this would create the need for wider lots and larger pads, which increase grading impacts because of the more level pad surface and corresponding level street surface they require, and may not increase the number of already small lots. Ambient communities presented a plan for the Righetti property to the city at a pre -application meeting on July 25. That plan was met with some resistance, and reservations. The comments from staff were considered carefully and a revision to that plan was made. The Proposed Plan reflects a number of changes in response to staff comments. These changes have resulted in our ability to reduce the proposed adjustment of the URL to less than what was originally presented at the pre -application meeting. The revisions include the following: Ambient Communities I Central Coast H. Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative • Lot depths minimized ■ Average Lot Sizes reduced • Reconfigured lots in order to shift development as low on the hill as possible ■ Street widths reduced by eliminating sidewalks on one side • Lots adjusted from R-1 to R-2 We all agree that the upper portion of Righetti Hill is an important natural resource. However, the UASP is clear on what constitutes the "upper portion" of Righetti Hill. That is, the hill area above the 320 foot elevation is to be the most protected. This is clear in policy 2.2.9 — "The majority of Righetti Hill, approximately 48 acres, (the actual mapped area in GASP documents was calculated at 45 acres) shalt be preserved as natural open space through dedication to the City. This area includes the hill from the 320-foot elevation to the too of the hill, an abandoned rock quarry located on the west slope, and an existing unpaved access road. No development or private lots will encroach on this area." This is reiterated in 3.2.3 Conservation /Open Space - "The Conservation/Open Space designation will apply to Righetti Hill generally from the 320-foot elevation to the top of the hill as a permanent zone in the Area." We fully understand that the hilltop open space and view corridors are very important and furthermore that the view corridor of Righetti Hill from Tank Farm (figure 5) is one of the most important and seminal considerations for the QASP URL placement. Therefore, we worked to preserve this view corridor _ �1'41.11 N. STREE . r L Road realigned to significantly reduce grading and Place Homes Further down the Hillside The Tank Farm to Righetti Hill View Corridor Most Affected By Adjusting the URL STREET - -CEI [� Position Figure 5 Tank Farm to Righetti Hill View Shed by realigning the streets and housing to create a view corridor that would closely resemble the view corridor if no adjustment to the URL were made. Below are visual simulations of the Tank Farm to Righetti Hill view corridor for the proposed project and the same corridor if the URL were to remain in the present location (Figures 5 and 7). As can be seen by comparing the two pictures, with the street and housing realignment the view corridor of the proposed project is very similar to the view corridor of a development that maintains the current URL placement per the UASP. Ambient Communities I Central Coast -9- Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative The proposed adjustment uses approximately an additional 2.8 acres of the hill at the lowest possible elevations while still preserving the majority of the hill and its prominent features and benefits. However, the 2-8-acre reduction in Open Space within the Righetti H i I I area will be offset by a 4.2-acre Ambient Communities I Central Coast -10- Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative increase in Open Space of equal or greater value elsewhere throughout the property. This swap results in a net increase in Open Space of 1.4 acres. Therefore, the total Open Space on the project will increase from 72.2 acres, as specified in the OASP, to 73.5 acres. The realignment of the URL allows for a development plan that better accomplishes the city's housing goals by providing more diverse housing, while retaining the natural resource of Righetti Hill above the 300-foot to 320-foot elevation, as required by the OASP. This housing cannot be captured elsewhere in the OASP In summary, Goal 3.2b and Policy 3.2.5 envisions multiple housing types and lot sizes of varying cost to attract a variety of homeowners and renters, as well as to avoid repetitious design. The proposed project will provide 186 R1 lots in a diverse mix of sizes - 83 lots in the 4,700sf range; 69 lots in the 6,300sf range, and 34 in the 9,500sf range in the "E" Street area for compatibility with the acreage home sites east of Orcutt Road. Using the OASP forecasted development potential by landowner (Table A-2), not counting the Garay property since they are unwilling participants in the OASP and will not develop in the near future, there are only 219 R-1 lots in the entire Specific Plan. Therefore, the Righetti Ranch project represents nearly all of the R-1 category for the entire OASP. We believe the diverse variety and maximum number of R-1 lots to be paramount in supporting the overall success of the OASP. To diminish the number of R-1 lots or homogenize the lots by making them all smaller or similar in size in order to maintain the current URL, which was placed without a full information set, would be detrimental to the intent of the OASP. b. CLARIFICATION OF EIR APPLICABILITY: Additional site surveys recommended in the EIR have been completed. These surveys included all of Righetti Hill and determined there are no sensitive species or habitat in the areas where we propose adjusting the URL. Visual simulations show that impacts to the view shed addressed in the EIR are negligible. Based on a preliminary review by Rincon it is their opinion that no additional CEQA work is warranted. At this time, we are looking to the City for guidance as to which data would be necessary to make a determination on adjusting the URL. c. URL AND HILLSIDE GRADING REQUIRMENTS: One of the major challenges of developing any hillside property is limiting the impacts of grading. The development of a project of specified density within a limited area creates certain restrictions as to how the site can be graded. As the OASP acknowledges, this property is being developed in a more urban manner and therefore one would expect the need for some greater level of grading than that of a large lot subdivision. In conformance with the goal of minimizing grading, the Proposed Plan aligns the majority of streets along the contour of the hill, with lots uphill and downhill of the streets accommodating the slope through terracing and stepped foundations. Through the implementation of these changes, we were able to provide a corresponding reduction in fill and a reduction in the number of lots where the building heights exceed the 25' maximum for R1 without Director's approval. The need for an adjustment of the URL has been noted by City Staff to be a significant change that may result in increased requirements for the project. It is our intent to be sure all points of policy concern that would require Commission and Council action are addressed through the initiation process so that Ambient Communities I Central Coast -11- Orcutt Area Specific Plan: Righetti Ranch Initiation Application Narrative when the full commitments of time, design, and fees are made for processing the tentative map and general/specific plan amendment applications, it can be done so with confidence in the direction the project is taking. We would like direction from City Staff whether these increased requirements or perhaps other items in question are appropriate to include in the Initiation Process. Specifically: 1. The implementation of a 50' Setback from the Revised URL to any building sites. It is our position that the OASP emphasizes urban development, within which a 50' setback would be incongruous. Further, the setback was not applied to the OASP development area; through this process an approved GPA and SPA will modify the OASP and should not require the addition of the setback. 2. The enforcement of a confusing and unused requirement within the community design guidelines requiring the creation of lots on slopes to contain at least 5000 sf of land at less than 10% natural slope. A substantial portion of the development area indicated below the existing URL does not meet this requirement; why would it be applied elsewhere? 3. The application of an amendment to the 2010 Construction and Fire Codes that requires topography of a site proposed for development to remain substantially in its natural state, with percentages of the site to remain untouched dictated by a table within the code. The OASP specifically indicates that grading shall conform to the City Hillside Grading Ordinance and makes no mention of this additional requirement. While one could argue that the 2010 Codes were not in effect when the OASP was being developed, it is our understanding that this requirement existed elsewhere in city documents. The fact that it was not referenced within the OASP document, while the Hillside Ordinance was, can be interpreted to mean that it was not intended for incorporation. This is further supported by multiple references to urban development within the OASP, which implies recognition of the level of disturbance within the development areas. Ambient Communities would like to process a Tentative Map for the proposed project as quickly as possible, and through this Initiation Application requests City staff, Planning Commission and Council input on our project. We appreciate the effort by staff to date and recognize the future effort that will be required to process the project. We look forward to working together to create a great project. Ambient Communities I Central Coast -12- eCannon October 9, 2013 Righetti Ranch — Specific Plan/General Plan Amendment Initiation Submittal List of Items for Consideration City Codes / Ordinances / Policies 2010 CONSTRUCTION AND FIRE CODE AMENDMENTS (X% OF SITE LEFT NATURAL DEPENING ON SLOPE) • Topography of a site proposed for development shall remain substantially in its natural state. Mass recontouring shall not be allowed...... The percentage of the site, exclusive of building area, to remain in its natural state (no grading of any kind allowed) shall be in accordance with Table J101.6. COMMUNITY DESIGN GUIDELINES SECTION 7.2 • No parcel shall be created without at least one building site of at least 5,000 SF that has no natural slope of 10% or more. ZONING REGULATIONS 17.16.040 — • R1 Zoning allows 25' from natural grade and 35' with Director approval OASP Documents Exhibits • Update exhibits with proposed URL, Revised Zoning Areas and/or Shading (1.1, 1.3, 1.4, 5.1,6.1, 6.2, 6.3, 9.1) • Update exhibits which show Parks to indicate revised parks/Open Space Layout (2.4, 2.5, 2.6, 6.4, 6.5) • Update exhibits to indicate revisions to Regional Detention Basin (6.3, 6.4, 6.5) • Figure 2.2 — o Reconcile this exhibit with 2.2.5 which states Pathway in creek setback is allowed within outer portions of setback. 1050 Southwood Drive, San Luis Obispo, CA 93401 T 805.544.7407 F 805.544.3863 CannonCorp.us lk***� �on Text • Section 1 — discusses URL — may need revision • Section 2 — Conservation, Open Space and Recreation o Policy 2.2.9 — The majority of Righetti Hill (approximately 48 acres) shall be preserved..... ■ Reconcile this statement with the approved site map which indicates 45.3 acres in conservation easement. (approved site map utilizes the current URL to define limits of Cons Esmt — figure 2.4) o Other parkland dedications - ■ Program 2.3.3c — Trail Junction Park at 2.5 acres • We propose 2.29 acres here but have additional park areas in other locations within the subdivision • Section 6.3 - Storm Water Facilities — Correction to indicate requirement to reduce 50- year post development peak runoff to 25 20 year pre -development rate (pg 6-8) as originally intended. This correction has been confirmed with staff. • Section 9 o Update for consistency — Remove from Section 9 "Examples of Changes Requiring an Amendment" the changing of cross section design of streets, to more closely comply with Policy 5.6. • Does this amendment need to address the addition of a 50' setback from the URL? General Plan Documents • Zoning Map o Revise URL o Revise Zoning Areas MEMO Cannon. DATE: September 18, 2013 TO: CC: FROM: Andy Rowe, PE SUBJECT: Righetti Property Preliminary Detention Analysis PROJECT NO.: 121107 Preliminary detention basin design for the Righetti property proposes a detention basin system with a different size and capacity than is indicated in the Orcutt Area Specific Plan (OASP). This memo serves to identify the reasons for those changes. The OASP document identifies a regional basin with capacity of 30 acre-feet that intercepts flow from the Upper Fork East Branch San Luis Obispo Watershed (UFEBSLO) with an option for combining with the existing Arbors basin. The OASP plans for additional flow to be added to the UFEBSLO above the basin resulting in the need for a constructed natural channel with increased hydraulic capacity. The OASP EIR Appendix D "Hydrology" provides more background on the calculations used to determine the size of the OASP regional basin. It states "SLO Creek watershed hydrology model results indicate that the proposed regional detention basin can reduce post -development 50 and 100- year recurrence interval flows to near, but not below, predevelopment 10-year recurrence interval flows." This standard of peak runoff reduction is not the same as identified in the OASP which identifies reduction of the 50 and 100-year post -development peak runoff flows to the 25-year pre - development rate. It is likely this study was prepared prior to the final standard for runoff reduction listed in the OASP. The EIR regional detention model reduces the 100-yr inflow from 1124 CFS to 636 CFS, which is a 488 CFS reduction that results in a 31.54 ac-ft detention pond. The recent California Regional Water Quality Control Board (RWQCB) Post -Construction Stormwater Management Requirements indicate changes are needed to the OASP plan for reconstruction of UFEBSLO creek channel. These requirements include statements such as "Limit disturbance of creeks and natural drainage features". The preliminary drainage plan for the Righetti property places the detention outside of creek setbacks and avoids any increase in channel flows. Letting the UFEBSLO watershed pass through the site without disturbance results in a much lower inflow to the detention basins. The total developed area tributary to the basins is also reduced because sites in the OASP that planned to drain to the shared basin but are cut off by creeks must create their own detention due to RWQCB requirements that will not allow increased flow to creeks and reconstructed channels. The Righetti property model also provides a more detailed analysis of SCS Curve Number runoff values for the watershed as compared to the single SCS Curve Number that the EIR model applied to the watershed. The Righetti Property preliminary detention system model reduces the 100-yr inflow from a total of 309 CFS to 154 CFS, which is a 155 CFS reduction that results in a total of 7.11 ac-ft of detention. CannonCorp.us Attachment 4 2 V Z lip F— F— W [2 V z 0 0 m w U a z g a � O O Cl LL z Q Q U O Q a n cn I}- 0 z U J OZ U U) Cl z Q z a z Z w a O J w LU w Cl w H U) N 0 U N N C W�ut;o" wo a:�yzom v, w ��'�vi�� �wO�i �•n z M 0 T o - f ! r U mz�awaR wwuwoQ m`o .. wok imp rc� moo^ w�8 i" Q>a�allo zzaoyg wua�w$ `/ r �+� W �A � o D5 m a 41t g lug LU I a n G7 � a x a n n z F � 9 V rc W W J r m0 0 LL "s 1 t F pp H D K n y /f -1 16 a N s o o,� a D 12 a apO a a O w •�F'�`j I,• �� Eli :g : •' �r i _ + Cam. + ' .. _ Rg - I �{ii—, a - • -- .�I`a t• ;�:..� MIS II.1 �I: �_ r.._ f L. 1. F�••_ R. y�c���'r::• y.. } I �.�_�__�Cr �'.t-� �.•� ���� �t��i I� } , � ICI � � f = `=I_• � ~:.� � . •(��_- � �' i' � - ` •I� ICI k � k ,� � , .. I !'•. �= • ram:.. � it ntt - �. T %'__ F�--�- '. l; 4-- ... 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A 1 I 1 Legend Project Site Boundary Soil Name 7-1 Concepcion Loam 0 Cropley Clay Los Osos Loam Las Osos-❑iablo Complex Rock Outcrop-Lithic Haploxerolls Soils Survey Map Figure 4.2-1 rCity of San Luis Obispo ► ttachment 3 w a �yC � tzi m x a �a 1�00 '"ousrRl,� I. 9 N DRAFT SAN LUIS OBISPO PLANNING COMMISSION MINUTES January 8, 2014 CALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners John Fowler, Ronald Malak, Michael Multari, William Riggs, Charles Stevenson, Vice -Chairperson John Larson, and Chairperson Michael Draze Absent: None Staff: Deputy Community Development Directors Doug Davidson and Kim Murry, Assistant City Attorney Andrea Visveshwara, and Recording Secretary Januar Saptono ACCEPTANCE OF THE AGENDA: The order,of the agenda was changed, and the agenda forecast was presented after the minutes. MINUTES: Minutes of December 11, 2013, were approved as amended. Minutes of December 12, 2013, were approved as amended. Minutes of December 16, 2013, were approved as amended. PUBLIC COMMENTS ON NON -AGENDA ITEMS: There were no comments made from the public. PUBLIC HEARINGS: 1. 1060 Osos Street. A 185-13: Request to modify the existing non-alcoholic Night Club Use Permit to allow alcohol and consider granting a PCN (Public Convenience Necessity) for a new liquor license (beer and wine) in the downtown including a statutory exemption under CEQA; C-D-H zone; Ryan Bendicto, applicant. (Doug Davidson) Doug Davidson, Deputy Director, presented the staff report, recommending the denial of the use permit on 1060 Osos Street, formerly known as Eye Candy, based on the findings. Commr. Stevenson asked, if this were a restaurant, could they apply for a liquor license, are there any uses similar around the city, and is there any precedent if the Commissioners decided to approve a limited use at this facility. Draft Planning Commission Minutes January 8, 2014 Page 2 Deputy Director Davidson stated that, if the restaurant would like to serve alcohol past 11:00 p.m., then it would require a use permit. Commr. Stevenson also added that there is no place around the city for private rental facilities and, as long as the applicant defined limited uses clearly, it could work. Commr. Multari questioned the different type of alcoholic licenses. Deputy Director Davidson stated that the bar licenses are Types 40, 42, and 48. Commr. Fowler questioned how staff came up with the number of licenses. Deputy Director Davidson clarified that the number is from within the downtown census tract. Commr. Larson questioned staff regarding the difference between alcohol license numbers 41 and 47. Deputy Director Davidson stated license 41 is for beer and wine only and 47 is general restaurant and not limited to beer and wine. PUBLIC COMMENTS: Anthony Ryan Benedicto, San Luis Obispo, presented a case to the Commissioners on why they should allow the use permit on 1060 Osos Street. Commr. Multari asked why there is a need to serve alcohol past 11:00 p.m. at special events such as weddings. Mr. Benedicto stated that his place would also serve as a venue for large birthday parties which could run late. He was also asked about what happens when the place is not rented out for special events. He answered that the place would be a dance club that would serve alcohol when no events were being held. Commr. Malak asked if the applicant would serve alcohol at 8 a.m. Mr. Benedicto stated that, if the place were not rented for a special event, 9 p.m. would be the absolute earliest that the place would be open for a dance club. Commr. Malak then asked, if the place is rented out, is it going to be open to the public. Mr. Benedicto stated that it would depend on the renter as to whether they wanted to open or close their private event. Commr. Malak asked if the applicant also needed a spirits license. The applicant answered, if the renter wanted spirits, he would apply for such a license. Other than that, he would only serve beer and wine from 9 p.m. to 2 a.m. Draft Planning Commission Minutes January 8, 2014 Page 3 Commr. Stevenson asked if the non-alcoholic dance club is still running. Mr. Benedicto stated that the non-alcoholic night club was not open at this time. Commr. Fowler asked the applicant why the downtown is important for this venue location. Mr. Benedicto stated he believes that Downtown is the entertainment epicenter of the community. Commr. Malak questioned the applicant regarding parking and drop-off area. Mr. Benedicto stated that it would follow the parking regulations on his non-alcoholic club use permit. Commr. Stevenson questioned the maximum occupancy of the establishment. Mr. Benedicto stated that it would hold 360 people maximum which is the number allowed by the Fire Marshall. Eric Meyer, San Luis Obispo, supported the staff findings and recommendation. There were no further comments made from the public. COMMISSION COMMENTS: Commr. Stevenson supported the idea of a rental venue but was concerned about the number of alcoholic licenses in the area. Commr. Multari agreed with the applicant about possibly a need for special events downtown but was concerned with what is, in essence, another bar. Commr. Riggs asked staff if there is a way to limit the bar uses while still allowing the event rental uses. Deputy Director Davidson stated that staff wasn't able to come up with a solution that would limit the bar uses; also, the floor plan is set up for night club uses with a bar. Chairperson Draze mentioned a place called The Forum which was a facility that was open for special events only. Unfortunately, the facility closed down, and he was worried that the same could happen to the same business model if implemented again in the downtown. He was also concerned that the establishment could turn into another bar. Commr. Malak asked staff if the applicant could have a special use permit to conduct a special event in the morning and alcohol -free event from 9 p.m. to 2 a.m. when the place is not being rented. Deputy Director Davidson believed that 12-15 events a month is too many, particularly since the non-alcoholic club is not part of the plan any more. If the applicant wanted to do special events in the morning and non-alcoholic events at night, the problem would be how to limit the use given the existing floor plan that is designed for a night club. Draft Planning Commission Minutes January 8, 2014 Page 4 Commr. Fowler stated that this is a use permit for a bar and tavern, and we have enough bars in the downtown. Commr. Riggs asked staff how they came up with the number 24 per year. Deputy Director Davidson stated that it is an ABC license provision for a maximum of 2 a month. Commr. Stevenson asked if there is any opportunity or other option for the applicant to make this request work. Chairperson Draze stated that the Commission must clearly signal on what level they would be interested in seeing a private rental facility, and it would be a different permit. He also asked if this could be continued off calendar. Doug Davidson stated that the Commission will have a full schedule for the next couple of months. Commr. Malak stated that he is willing to override the 24 events a year and believed that 24 a year are not too many. He also stated that having such an establishment downtown will be well worth it. Chairperson Draze stated that we can't override the number of 24 per year at this moment, because it was a decision and, if we were interested in changing from 24 a year, then the applicant must file a new application to request such a proposal. Commr. Multari stated that he is willing to issue a use permit that would limit the number of special events and limit the allowable hours of alcohol service. He asked the applicant if he is willing to explore the option or if he would just prefer an up or down vote. Mr. Benedicto stated that he would be willing to limit hours of alcohol service but not limited to just private special events. Vice -Chairperson Larson stated that he would be willing to go back to the possibility of changing the number of 24 events per year. He also agreed that downtown would benefit from having a place that would cater to such events. Chairperson Draze stated that, if the request was denied as it stands, then the applicant can re -apply. On the other hand, if continued to explore private events, then it would come back in several months. Commr. Multari stated that the Commission sets the agenda, and we could stay up until 2:00 a.m., but it seems that the applicant is not interested in the option. Commr. Malak stated that, if the applicant was not interested in the option, then he would deny the application as it stands. Draft Planning Commission Minutes January 8, 2014 Page 5 Mr. Benedicto stated that, if the Commission could state some of the conditions that are acceptable, then he is willing to work with those conditions. Chairperson Draze stated that the conditions would be limited to 24 events per year with limited hours. Commr. Multari stated that he could possibly support a facility with up to 100 events as long as it is private and the hours limited. Mr. Benedicto asked the Commission if the renter can open his or her event to the public. Commr. Multari stated he could not support that situation. Commr. Malak asked the applicant if it would be fine to just having private events. Mr. Benedicto stated that the idea would not be viable if the renter could not open his or her event to the public. Commr. Riggs asked the applicant if he would ever exceed the number of capacity. Mr. Benedicto stated that he would never exceed the allowable number of 360 people. Assistant City Attorney Visveshwara stated that staff did prepare a resolution in the packet and asked the Commission to review it for the findings. Commr. Multari suggested an additional finding that there are already 11 bars and pubs in the downtown. There were no further comments made from the Commission. On motion by Commr. Fowler, seconded by Commr. Multari, to deny the use permit in accordance with the recommended findings with the additional finding as suggested by Commr. Multari. AYES: Commrs. Fowler, Multari, Malak, Stevenson, Larson, and Draze NOES: Commr. Riggs RECUSED: None ABSENT: None The motion passed on a 6:1 vote. 2. City -Wide. GPI/ER 15-12: General Plan Land Use and Circulation Elements Update: The City of San Luis Obispo (City) will prepare a Program Environmental Impact Report (EIR) for the City of San Luis Obispo Land Use and Circulation Elements Update. The link below provides a description of the background of the Land Use and Circulation Elements (LUCE) Update process and a description of the proposed project: Draft Planning Commission Minutes January 8, 2014 Page 6 http://www.slo2035.com/images/library/luce nop 2013 12 05.Pdf. The Planning Commission hearing represents a public scoping meeting to present the project and the EIR process and to receive comments and suggestions regarding the scope and content of the EIR from community members. Kim Murry, Deputy Director, presented a summary of the Land Use and Circulation Elements update as well as the EIR process and requested that the public and Commissioners provide comments regarding issues or topics that should be evaluated in the EIR. PUBLIC COMMENTS: Debbie Farwell, San Luis Obispo, was concerned regarding waterways not listed in the Notice of Preparation, including one that crosses in front of her property. She also expressed concerns about the reduced number of frogs in the creek. She asked that the EIR address noise impacts on residential areas from adjacent commercial uses especially noises from nearby restaurants. She noted that restaurant garbage has negative impacts to the creek and represents a hazards concern due to attraction for rodents and the homeless. She asked the EIR address the aesthetics of spillover security lighting from commercial uses on residential areas, and smells/odors generated from restaurants that are near to residential areas. She suggested that venting systems are of concern depending on how wind direction and orientation of vent transmits smells/odors. Steve Del Martini, San Luis Obispo, questioned how the Notice of Preparation estimated the total number of jobs created through build -out of the draft plan and asked about the future plan for the Pacific Beach site. He supported the interactive format of the Task Force meetings. There were no further comments made from the public. COMMISSION COMMENTS: Chairperson Draze stated that, if others would like to offer comments regarding the scope of the EIR, they can contact City staff or provide comments through the www.SLO2035.com website. Deputy Director Murry stated that she is hoping to receive comments regarding the scope of the EIR by January 20tn Vice -Chairperson Larson questioned what criteria would be used to define when traffic impacts will occur. He expressed interest due to changes in strict reliance on traditional Levels of Service criteria and the new policies contained in the draft Circulation Element that address Multi -Modal Levels of Service. Draft Planning Commission Minutes January 8, 2014 Page 7 Jeff Oliveira, Environmental Consultant working for the City, provided a response explaining the types of impacts reviewed, the information considered during the modeling process, and what types of output can be expected through the EIR process. Commr. Riggs asked what source the City would use to obtain trip -generation rates for the modeling process. He expressed that he did not want the City to use standard ITE rates for traffic modeling because he believes those rates over -estimate traffic which would lead to findings of significant impacts where none exist. There were no further comments made from the Commission. Staff thanked the attendees and the Commission for the input. COMMENT AND DISCUSSION: 3. Staff a. Agenda Forecast — Doug Davidson presented the agenda forecast for the upcoming meetings: 1) Next meeting, Wednesday, January 22, 2014 — Initiation of Specific Plan Amendments of the Orcutt area, specifically the property surrounding Righetti Hill. Staff asked the Commission about their position on site visits with the client. 2) February 12, 2014 — Housing Element update from Tyler Corey and Johnson Avenue School District project Draft EIR. 3) February 26, 2014 — Two tract map modifications in the Margarita area. 4. Commission a. Commissioners Draze, Multari, Stevenson, and Fowler respectfully declined the opportunity for the special site visit on Righetti Ranch. Assistant City Attorney Visveshwara advised Commissioners who do choose to attend a site visit with an applicant to receive the information and to keep comments to a minimum. Commissioners Malak, Riggs, and possibly Larson, expressed interest in a site visit if accompanied by City staff. b. Commr. Draze announced he will recuse himself for the February 26, 2014, meeting on the Chevron Tank Farm project and possibly the tract map in the Margarita area. Commr. Fowler asked staff if, during the Chevron project, we would present financial information. Doug Davidson indicated that Phil Dunsmore, the project planner, would need to provide clarification. ADJOURMENT: The meeting was adjourned at 8:00 p.m. Respectfully submitted by, Januar Saptono Recording Secretary