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HomeMy WebLinkAbout10-28-2015 PC MinutesPlanning Commission Minutes Wednesday October 28, 2015 Regular Meeting of the Planning Commission CALL TO ORDER /PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners Hemalata Dandekar, Michael Draze (arrived at 7:45), John Fowler, Ronald Malak, Vice - Chairperson Michael Multari, and Chairperson John Larson Absent: William Riggs Staff: Community Development Director Michael Codron, Interim Deputy Director Tyler Corey, Deputy Director of Long Range Planning Xzandrea Fowler, Assistant Planner Kyle Bell, Senior Planner Brian Leveille, Civil Engineer Hal Hannula, Traffic Operation Manager Jake Hudson, Assistant City Attorney Jon Ansolabehere, and Recording Secretary Sarah Reinhart ACCEPTANCE OF THE AGENDA: The agenda was accepted. MINUTES: Minutes of September 23, 2015 were approved as amended. PUBLIC COMMENTS ON NON - AGENDA ITEMS: There were no further comments made from the public. PUBLIC HEARINGS: 1_. 2390 Loomis Street and 48 Buena Vista Avenue. USE - 1520 -2015; Review of a new single - family residence with an attached Secondary Dwelling Unit in the S overlay zone that includes a height exception and a setback exception, with a categorical exemption from CEQA (Section 15303 — New Construction); R -1 -S zone; Lee J. Kraft, ETUX, applicant. Chair Larson noted public correspondence received regarding this project. Commissioner. Dandekar stated she visited the site prior to the hearing. Planning Commission Minutes October 28, 2015 Page 2 Assistant Planner Kyle Bell, presented the staff report, recommending approval of the project to develop a single - family residence with an attached Secondary Dwelling Unit in the S- overlay zone that includes height and setback exceptions with a categorical exemption from environmental review, based on findings and subject to conditions which he outlined. PUBLIC COMMENTS: Applicant Jeff Kraft, San Luis Obispo, provided an overview of the changes made to the plans based on the input received at the prior hearing, including the elimination of the lower level, and a reduction to the upper deck; stated this home is a lifelong dream and he intends on residing at the property; clarified that in the short-term, the SDU will serve as an extra room for family and guests and eventually for live -in care; noted the home is simple, not too big and not out of scale, and will not be used as a student rental; proposed adding sidewalks with a rolled curb to help increase pedestrian and animal safety. The applicant also proposed adding speed bumps to help calm traffic, noted that the Fire Department would possibly allow on street parking if they remove the 12 -inch curb; pointed out that the property will be screened with landscape including oak trees and it will blend in with the open space. Mr. Kraft compared "Dead Man's Curve ", which serves 5 homes with a similar curve in the area, which connects to over 40 properties, citing that police records don't indicate traffic accidents on "Dead Man's Curve" and does not believe the curve will be an issue. Robin Rumus, San Luis Obispo, voiced opposition to the project, noted being disappointed that no action had been taken at the previous hearing; shared concerns over the impact this project would have on the animals, cyclists, hikers and residents in the area surrounding "Dead Man's Curve "; stated that her neighbors all share her sentiments and do not want this project to move forward. Shirley Ready, San Luis Obispo, spoke in opposition to the project; stated that although some of her concerns had been addressed she opposed granting exceptions; voiced concerns over the secondary dwelling potentially being used as a rental; noted disapproval over disrupting the scenic views of the hillside; suggested the home be built on Loomis without special exceptions. Naomi Hoffman, San Luis Obispo, neighbor to the property, voiced concerns with the double functions within the property, the size being too large and out of scale, design being too modern, and potential parking issues; stated that planting oak trees was not going to help mitigate the visibility of the property because it takes years for them to grow. She asked questions regarding building materials, site constraints and noise mitigation measures. Planning Commission Minutes October 28, 2015 Page 3 Mark Hoffman, San Luis Obispo, spoke in opposition to the project, stated not having a valid explanation as to why an owner occupied single family home needs two kitchens and multiple laundry areas; voiced concerns regarding lack of parking; pointed out that he has been driving on that road 20 plus years and believes street parking would not be feasible given the narrowness of the street and the location of the curve; voiced opposition to adding speed bumps and sees those as an inconvenience to the current residents and another exemption for the applicant. Robert Karger, San Luis Obispo, neighbor to the property, voiced concerns over two dangerous blind curves near the project site; stated having been in a collision with a bicyclist on one of the other curves; noted that many people, including Cal Poly students use the nearby streets to hike, bike and skateboard; expressed opposition to adding speed bumps; urged the Commission to not grant approval for this property. Pam Orth, San Luis Obispo, spoke in opposition to the project; asked why six parking spaces would be needed; opined that a sidewalk or a rolled curb would not be feasible given the narrowness of the street. Bill Carlkin, San Luis Obispo, neighbor to the property; spoke in opposition to the project; noted sending a memo to the Commission; stressed the importance of protecting views from Highway 101; stated that according to the general plan the cost to the developer should not be considered in making decisions; advised against any construction that would ruin views of a potential scenic highway. Linda White, San Luis Obispo, commended City staff for sending out hearing notices sooner and for implementing the new communication feature on the website. Spoke in opposition to the project; noted that allowing street parking would limit emergency vehicle access to the area. Stated that pedestrians, skateboarders and people who go up to watch the view could be negatively impacted; noted that cost to the developer should not be considered in reaching a decision; opined that the home should be built without exceptions and recommended the home to be built with access from Loomis. Joseph Abrahams, San Luis Obispo, voiced concerns over the community being in peril; stated feeling apprehensive about the project because there is too much planned for one lot; shared concerns over the location and dangerous road conditions; urged the Commission to carefully consider these factors in making a decision. Elizabeth Abrahams, San Luis Obispo, voiced concerns over the proposed residence obstructing the views and the secondary dwelling potentially becoming student housing; urged the Commission to not grant any exemptions. James Lopes, San Luis Obispo, member of "Protect Scenic 101" noted that the government is considering labeling the 101 freeway from Atascadero to Pismo Beach a "scenic road "; stated the importance of protecting scenic views; urged the Commission to require an independent study of potential impacts to the view shed; advised against granting height exceptions; suggested adding a hipped roof to help mimic the curvature of the hill; asked the Commission to determine how much grading is allowed for this site. Planning Commission Minutes October 28, 2015 Page 4 Pat Dellario, San Luis Obispo, spoke in opposition to the project, voiced objection to the roof top deck, and stated the project is inconsistent with the community. Sandra Rowley, San Luis Obispo, stated that based on current zoning regulations the property must be owner occupied; suggested adding a covenant agreement that would authorize yearly inspections in order to help ease the idea that this property will become a student rental; voiced opposition to the roof deck and stated that the roof deck should not be used as livable space. Suki Mason, San Luis Obispo, neighbor to the property, spoke in opposition of the project; stated almost been run over near "Dead -Man's Curve" twice; indicated the curve is very dangerous; recommended the applicant access his driveway from Loomis in order to avoid accidents. Camille Sorrant, San Luis Obispo, City Planning Student, stated that most students are good and respectful people; noted that most likely students would not be able to afford to live in the proposed property. Applicant Jeff Kraft, offered closing comments; stated he could not build on Loomis because his property does not abut Loomis; doubted that a grading permit would ever be granted for Loomis due to the steepness of the lot; indicated changes to the plans, stressing the fact that his home would be small and not used as student housing; stated he followed guidelines as if the 101 freeway were a scenic corridor; noted being in favor of establishing a covenant agreement on the SDU. Mr. Kraft explained that there would be sufficient parking spots, four in the driveway and two in the garage; noted that additional street parking and sidewalk could take away the danger to pedestrians; clarified that the home has two stories, with two kitchens, two laundry areas and a space for an elevator to help with the transition to old age. City Civil Engineer Hal Hannula answered Commissioner inquiries regarding future sidewalks in the subdivision, noting that the sidewalk is not a condition of approval; spoke on the viability of on- street parking, and speed bumps, noting that the Fire Department has only committed to on- street parking during construction; stated the idea of speed bumps had not been fully vetted. In response to Chair Larson, Mr. Kraft pointed out that aside from a small 4 foot egress, all of the grading is within the building footprint. Chair Larson clarified that the Applicant's proposals for adding a sidewalk, speed bumps and rolled curb are not components of this project but serve as an indication that the Applicant is willing to add them, if the City decides they are appropriate. In response to Commissioner. Malak, Mr. Kraft stated that even if his property did in fact reach Loomis he would not attempt to build there due to steep grading, lack of sewer system, and stated that Hillside Guidelines would likely not allow for a home to be built on Loomis. Planning Commission Minutes October 28, 2015 Page 5 There were no further comments made from the public. COMMISSION COMMENTS: In response to Vice -Chair Multari, Assistant Planner Bell stated the project requires architectural review. Traffic Operation Manager, Jake Hudson reviewed the methods used to evaluate traffic safety, citing conditions 12 and 16. He pointed out that requests for on- street parking had not been fully vetted. In response to inquiries from the Commission, Traffic Operation Manager Hudson stated the driveway would require unobstructed site lines to oncoming traffic and it would have to comply with design standards; clarified that the rolled curb sidewalk was a suggestion from the Applicant and not a condition for approval. Vice -Chair Multari recommended denying the project, stated being unable to make the finding that this would not be detrimental to the safety and welfare of the people living in the residence; cited issues with the number of people likely to live in the home, the steep dead -end road, lack of on- street parking, narrowness of the road, and lack of pedestrian sidewalks with connectivity as reasons for not being able to make the finding. Also, voiced concerns with the use of the rooftop deck space. Commissioner Malak, stated that the five homes existing in the area do not create substantial traffic, shared concerns over the roof deck; stated Loomis is not a good access point; opined the size of the home is small and the views from the 101 freeway do not seem offensive; does not believe this property would be used as a student rental; stated being unable to find a legal reason within City ordinances to deny this project. City Attorney Ansolabehere clarified that the way regulations are implemented the project cannot be denied because of having a Secondary Dwelling Unit but rather because it does not conform as a whole within the R -1 -S zone considerations. Stating the "S" overlay looks at the project as a whole. In response to inquiry from Commissioner Dandekar, Interim Deputy Director Tyler Corey, clarified that given the interest and nature of this project the Architectural Review would likely be elevated to the full Architectural Review Commission pending the approval of the project. Commissioner Dandekar shared concerns over the City forgoing the right to add a sidewalk at this time; commented the house is heading in the right direction and appreciated the fact that the lower floor had been removed. Planning Commission Minutes October 28, 2015 Page 6 Chair Larson, thanked staff, Mr. Kraft and members of the public; stated the exceptions to property development standards are minor and found them appropriate given the steepness of the topography, noted not seeing a sensible way to get access from Loomis; voiced concerns over the rooftop deck; noted the need for making the necessary findings to approve the Special Consideration Overlay Zone; indicated the first finding would be to ensure the project would not be detrimental to the health, safety and welfare of the persons living or working at the site or in the vicinity. Commented that the geometry of the street, and the intensity of the proposed house would be important factors to consider; stated the visual impact of the house did not rise to a significant level to grant a denial of the project. Commissioner Fowler, stated not being concerned with height and set back exceptions, suggested the project could not be denied based on disliking the architectural design; cited concurring with Chair Larson regarding the "S" overlay; noted the importance of considering the scenic view; stated the home is too large given the amount of potential cars and additional problems that it could create; noted he would not support Staff's recommendations to uphold this project based on the "S" overlay and the health, safety and welfare of the persons living or working at the site or in the vicinity. Commissioner Draze, noted not having an issue with the height exception because it would not impact neighbors; opined the lot should had never been created because the location is too steep and problematic; voiced concerns with the lack of on street parking and the potential noise from the roof deck; suggested that if this project were to get approved he would favor adding strong language to address concerns regarding the roof deck; stated the main safety issue is the street; indicated not finding a good reason to deny the project. Commissioner Malak, stated that Mr. Kraft modified his plans and had gone above and beyond to satisfy the safety requirement of the "S" overlay; stated being in favor of supporting the project with added language to address concerns regarding the rooftop deck. Commissioner Dandekar, concurred with Commissioner Draze in thinking the lot should have never been created; opined the house is very visible because it is not built into the hillside; voiced concerns over the roof deck; suggested the Architectural Review Commission should look into how to make the home recess into the hillside; noted concerns over the home resting on tall stilts without foliage around it; indicated the project meets the requirements for ADU's and could not be denied on those grounds. Commissioner Draze, concurred that the density is more than it should be on this kind of lot. There were no further comments made from the Commission. Planning Commission Minutes October 28, 2015 Page 7 On motion by Commissioner_ Multari, seconded by Commissioner Fowler.r.to deny Staff's recommendation based on findings that the proiect would be detrimental to the health safety and welfare of persons living or workin-q at the site or in the vicinity, due to concerns with stee ness and narrowness of the dead -end road lack of on- street parking, and lack of pedestrian sidewalks and connectivity„ AYES: Commissioners Dandekar, Draze, Fowler, Vice -Chair Multari, Chair Larson NOES: Commissioner Malak RECUSED: None ABSENT: Commissioner Riggs The motion passed on a 5:1 vote. 2. 850 Fiero Lane. (Item Removed from Agenda) ANNX- 1166 -2015: Initiation of a proposed annexation of approximately 40 acres of property along Fiero Lane and Clarion Court. Project includes review of a Memorandum of Agreement for interim water and sewer service, an Amendment to Municipal Code Chapter 13.16 for service to outside users, and authorization of an outside user agreement application submittal to the Local Agency Formation Commission. Project includes an addendum to the Environmental Impact Report for the Airport Area and Margarita Area Specific Plans; Airport zone; Fiero Lane Water Co., applicant. 3. 1035 Madonna Road. ANNX- 1502 -2015; Public scoping meeting to discuss the workscope of the Environmental Impact Report (EIR) being prepared for the San Luis Ranch Project located at the intersection of Madonna Road and Dalidio Drive; Dalidio & Laguna zones; San Luis Ranch, LLC, applicant. Chair Larson, recused himself from this item due to a business conflict and left the Council Chamber at 8:41 p.m. Contract Planner, John Rickenbach, provided an overview of the project and presented the workscope of the Environmental Impact Report currently being prepared. Richard Daulton, from Rincon Consultants provided an overview of the California Environmental Quality Act in relation to this project. In response to inquiries from Commissioner Fowler, Contract Planner Rickenbach and Consultant Daulton clarified that a previous programmatic EIR was conducted, noting the new EIR will look at the current environmental impacts; stated the EIR will build from the LUCE EIR. They indicated that the EIR would take into consideration traffic, airport overlay, safety and noise. In response to inquiry from Commissioner Dandekar, Contract Planner Rickenbach stated the purpose of the EIR is to provide information, to examine alternatives, and to provide a body of information that will allow the decision makers to make recommendations. Planning Commission Minutes October 28, 2015 Page 8 PUBLIC COMMENTS: Rachel Kovesdi, Applicant Representative, noted a desire for a transparent process with community, city and stakeholder involvement. Clarified that the incorrect performance table was included within the initial study and asked for the table to be replaced; pointed out that while the LUCE identified some class 1 significant impacts city wide, and preliminary project specific traffic analyses have been done, that do not show a decline in levels of service. Stated that it is critical for the EIR to identify and analyze the level of service impact and vehicles miles traveled methodologies; noted that City water supply availability study was conducted less than a year prior to the LUCE EIR. Mila Vujovich -La Barre, San Luis Obispo, stated being passionate about smart growth; voiced concerns regarding lack of water for this project, the amount of construction, and lack of affordable housing. Asked for the amount of homes planned to be revisited; requested for a transportation analysis to be done and to look into Prado Road. Shared concerns regarding transportation impacts for Laguna Lake residents, and for emergency services; noted the noise and fume emissions should be a part of this study; suggested that the road infrastructure should be paid by the developer; asked for a class one bike path to connect to Laguna Lake Park. Stated writing a letter to President Armstrong and Gary Grossman about a plan to switch land in order to keep this land for agricultural uses and to develop in the Cal Poly land, stating this would be a win -win scenario for both. William Vega, San Luis Obispo, owner of a tourism start-up, spoke in support of the project; suggested covering up the industrial area with a nice facade that would protect the small town feel when they are coming into the city. Steve Delmartini, San Luis Obispo, spoke in support of new construction; stating new homes are built with environmentally friendly features that save water and electricity, noting lawns could also be restricted to include draught resistant landscaping. Maysun Wells, resident of the Laguna Lake neighborhood, voiced concerns over traffic; asked question regarding how traffic would be analyzed; suggested potential flooding should be evaluated as part of the EIR; expressed a desire for the eucalyptus trees in the area to remain untouched. There were no further comments made from the public. COMMISSION COMMENTS: Commissioner Malak, requested for staff to pay special consideration to billboard removal, and solar power; advised to include water retention measures. Planning Commission Minutes October 28, 2015 Page 9 In response to inquiry from Commissioner Dandekar, Community Development Director Codron, clarified the planning schedule for the project and noted that it will come to the Planning Commission for a conceptual review in early 2016. Stated that at this point there is not a lot of information on the types of housing that will be provided, noting that the proposal is generated by the property owner and will be reviewed to reflect the type of housing and the scale indicated in the general plan. Commissioner Dandekar, noted concerns with mix and configuration of the residential homes in the plans, and asked if alternative configurations would be considered. Contract Planner, Rickenbach clarified the EIR is not a design document but a guidance document. Vice -Chair Multari, recommended special attention should be given to housing element policies. Commissioner Draze, noted that alternative proposals in the EIR guide the decisions; suggested that at least one of the alternative proposals needs to address housing issues. Stated this is a fresh project, and looks forward to seeing what comes out of the environmental document. In response to inquiry from Commissioner Fowler, Contract Planner Rickenbach stated the purpose of an EIR is to provide information, and noted the importance of framing alternatives so there is flexibility in the ultimate design. Community Development Codron, noted that the consultants working on this project have an understanding of the City's standards and goals in regards to policy and housing objectives, stating that the single family homes are going to be on small lots, and there will be several transportation and affordable housing options. Reiterated that there will be an opportunity for the Commission to review the plan in the future. There were no further comments made from the Commission. Chair Larson returned to the council chambers and rejoined the Commission at 9:46 p.m. 4. Cal Poly State University (1 Grand Avenue). GENP- 2088 -2015: Review of draft Land use concepts for the Cal Poly Master Plan Update; Cal Poly State University, Linda Dalton, representative. Vice -Chair Multari, and Commissioner Dandekar recused from this item due to conflict of interests and left the council chambers at 9:47 p.m. Planning Commission Minutes October 28, 2015 Page 10 Senior Planner Brian Leveille, presented the staff report, recommending City Council input to Cal Poly for consideration in their Master Plan Update Process, based on findings and subject to conditions, which he outlined. Commissioner Malak, indicated a letter was received from Mr. Smythe stating that faculty housing near Highland Avenue is now being sold to the general Public, and is being used for student rentals. Linda Dalton, University Planning Officer at Cal Poly State University, clarified the homes mentioned by Commissioner Malak, were in fact meant to provide affordable housing to faculty and staff, and priority is given to them on a hierarchical level with members of the Public being at the very bottom of the list; specified that the land remains "state land ", and the units must be owner occupied. Stressed the fact that the current proposal is a land use plan, not a development proposal; anticipates market studies and more analysis will be done to determine how new faculty housing will be sold. Commissioner Malak requested consideration to ensure that only staff and faculty are able to buy these homes. In response to Commissioner Fowler's inquiry regarding collaboration between Cal Poly and the City of San Luis Obispo, Senior Planner Leveille, noted that more collaboration has been recommended to council. Commissioner Fowler suggested more opportunities for the Community to experience Cal Poly. Commissioner Draze suggested more on- campus activities, eating establishments and services should be provided to students. In response to Commissioner Draze, Ms. Dalton clarified that Greek and other specialty housing is being proposed on campus. Commissioner Draze, recommended taking a look at the top priority being "sufficient land ", opined it would make more sense to change the priority to "appropriate location of uses" given that Cal Poly has the biggest university campus. Julie Moloney, Campus Planner at California Polytechnic State University spoke regarding the water reclamation plant; stating this would be a small scale treatment facility and it would be used as a learning opportunity for science students and another way to re -use campus water. Chair Larson, suggested changing the phrasing of recommendation #6; indicated it is difficult to identify and mitigate impacts related to traffic in isolated special events as it relates to CEQA; clarified his comment is not an instruction to drop reference of mitigation but rather suggested there might be a more articulate way to present this. Planning Commission Minutes October 28, 2015 Page 11 PUBLIC COMMENTS: There were no further comments made from the public. COMMISSION COMMENTS: There were no further comments made from the Commission. On motion by Commissioner Draw seconded by Commissioner Fowler to adopt recommendation as noted in the attached resolution with the inclusion of the comments made by the Commission., AYES: Commissioners Draze, Fowler, Malak, and Chair Larson NOES: None RECUSED: Vice -Chair Multari, and Commissioner Dandekar ABSENT: Commissioner Riggs The motion passed on a 4:0 vote. COMMENT AND DISCUSSION: 1. Staff Community Development Director Codron introduced and welcomed Xzandrea Fowler, as the new Deputy Director of Long Range Planning. a. Agenda Forecast Chair Larson noted the agenda forecast would be sent via email. 2. Commission ADJOURMENT: The meeting was adjourned at 10:35. Respectfully submitted by, Sarah Reinhart Recording Secretary by the Planning Commission on December 09, 2015. Jon olabehere Inte ity Clerk