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.
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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.
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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.
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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