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HomeMy WebLinkAbout12-02-2014 PH1 Kelley 2REI_:FF,/ED Christian, Kevin DEC 0.2 2014 SLO CITY t...l_ERK From: Mejia, Anthony Sent: Tuesday, December 02, 2014 12:05 PM To: Christian, Kevin COUNCIL MEETING: 1 14 Subject: FW: Land use ITEM NO.: 9%kk Item PHI 12/02/14 from Bill Kelley. Anthony J. Mejia, MMC I City Clerk cae>> of San IUIS ot;ispO 990 Palm Street San Leis Obispo, CA 9340-1 tel 1805.781.7102 From: Johnson, Derek Sent: Tuesday, December 02, 2014 9:15 AM To: 'Bill Kelley'; Marx, Jan Cc: Christianson, Carlyn; Carpenter, Dan; Ashbaugh, John; Lichtig, Katie; Murry, Kim; Dietrick, Christine; Rivoire, Dan; Mejia, Anthony Subject: RE: Land use Dear Mr. Kelley, Thank you for inquires and questions. The Mayor's response reflects the requirements of the law. That is that all projects subject to an overrule will not have to go before the ALUC. There is an exception that if the project requires a specific plan, rezone, general plan amendment or changes to building standards that affect the intensity of development, the State Aeronautics' act requires that such a project be referred for a consistency determination by the ALUC. Significant properties (i.e. San Luis Ranch, Avilla Ranch, Madonna) that a proposed to be covered by an overrule will require a specific plan that is subject to referral to the ALUC pursuant to the State Aeronautics Act. This statutory distinction has been made clear in reports to the Council in August and September of this year. Please feel free to contact me directly should you want to discuss the statutory nuances related to project overrule. All the best, Derek Johnson Director of Community Development CrrY OF sffnwis, C P Community Development 919 Palm Street, San Luis Obispo, CA 93401 -3218 E djohnson @slocity.org T 805.781.7187 slocity.org Derek Johnson From: Bill Kelley [mailto:bill@sloflying.com] Sent: Tuesday, December 02, 2014 9:06 AM To: Marx, Jan Cc: Ksmith; Christianson, Carlyn; Johnson, Derek; Carpenter, Dan; Ashbaugh, John Subject: Land use Mayor Marx, Last month I expressed my concerns regarding Airport Land Use and your reply was the suggestion that I discuss my concerns with Derek Johnson and do more research regarding the LUCE update. That is precisely what I have done and what I have found is a little puzzling. In your reply below you state, "Each project would have to go before the Airport Land Use Commission prior to actual implementation ". However, in the Council Agenda Report from Derek Johnson numbered C6 and dated July 16, 2013 Mr. Johnson suggests "One option available to the City is to develop an airport land use chapter of the Land Use Element which is currently being updated. Public Utilities Code 21676.5b authorizes a local jurisdiction to adopt a land use plan for the airport area by overruling the ALUC. If done at the General Plan level, subsequent review by the ALUC of individual development projects related to that overruling is not required ". Simply put, you are telling me that each project will go before the ALUC and your Community Development Director is stating that subsequent review by the ALUC of individual projects related to an overruling is not required. Mayor Marx, when you replied to me on November 19, 2014 did your staff not fully inform you on the total impact of a vote to overrule the ALUC? Respectfully, William Kelley