HomeMy WebLinkAbout1-11-2017 PC Correspondence - Item 1 (Cooper)Meeting: N/ I l t . 4 -
Item: (
To: City of SLO Planning Commission
From: Allan Cooper, San Luis Obispo
Re: Review of Avila Ranch Draft EIR
Date: January 10, 2017
RECEIVED
CITY OF SAN LUIS OBISPO
JAN 10 2017
COMMUNITY DEVELOPMENT
You will be evaluating on January 11, 2017 the adequacy of the Avila
Ranch Development Draft EIR. I concur with the findings in this draft EIR
which states that air quality', noise, land use and transportation and traffic
impacts created by this project will be significant and unavoidable. This
project at the time of buildout will also place unavoidable and unmitigable
adverse impacts on the City's current sewer, water, school, law
enforcement and fire protection capacities.
However, there is one important omission. This draft EIR should note that
this proposed development is inconsistent with State law on two counts.
Firstly, the California Government Code - Gov Title 7. Planning And Land
Use [65000 - 66499.58] ) "...recognizes that premature and unnecessary
development of agricultural lands for urban uses continues to have adverse
effects on the availability of those lands for food and fiber production and
on the economy of the state. Furthermore, it is the policy of the state that
development should be guided away from prime agricultural lands..." This
project involves conversion of 68 acres of prime soils to urban
development.
Secondly, this draft EIR should further make reference to a "LUCE
Performance Standards" footnote which states that a "Density bonus
1 Often during the Spring, an area of high pressure will build at the surface over the western
United States and produce Santa Lucia (northeasterly) winds, also referred to as "offshore
winds" because they flow from the land out to sea especially during the night and morning
hours. Severe temperature differences in the vertical plane occur resulting in an inversion. A
temperature inversion occurs when a warmer, less dense air mass covers cooler, denser air at
the surface. The temperature changes are because of cool moisture -laden northwesterly
onshore) winds from the Pacific Ocean blowing through Los Osos Valley while hot and dry
Santa Lucia northeasterly (offshore) winds move from the Santa Lucia Mountains through Avila
Valley.
program for affordable housing would allow additional units, consistent with
existing City policies." Source: (City of San Luis Obispo 2014a).
This may be true elsewhere but it should be stated that this City policy,
when applied to this site, is in conflict with Paragraph 2 of the California
Government Code Section 65589.5 which states that "a local agency shall
not disapprove a housing development project, unless ... the development
project ... is proposed on land zoned for agriculture or resource
preservation and is surrounded on at least two sides by land being used
for agricultural or resource preservation purposes...". This is indeed the
case regarding this Avila Ranch Development Project which is flanked on
the east and south sides by strips of land zoned Conservation Open Space
note the following). "The Project site is surrounded by a mix of
incorporated City and unincorporated County lands, with urban uses within
the City to the north and west and rural and agricultural uses within the
County of San Luis Obispo (County) to the south and east...
Unincorporated County lands immediately abutting the site to the south and
east are generally rural agricultural."
Therefore, your certification of this draft EIR should note that, per the City
of San Luis Obispo's Housing Element2, this project is "inconsistent with
State Planning Law".
Thank you for your time and consideration.
2 City of San Luis Obispo Housing Element
1.30 Consistency with State Planning Law
California cities and counties must prepare housing elements as required by State law set forth in
Sections 65580 to 65589.8 of the California Government Code. The law mandates that housing
elements include "identification and analysis of existing and projected housing needs and a
statement of goals, policies, quantified objectives and scheduled programs for the preservation,
improvement and development of housing." This Element fulfills that requirement and provides a
detailed strategy for implementing the City's housing goals through 2019. State housing goals rely
on the effective implementation of housing policies at the local level. To ensure local housing
policies are consistent with State law, the State Department of Housing and Community
Development (HCD) reviews local housing elements and reports its written findings to the local
government. Housing elements must also be consistent with the jurisdiction's other general plan
elements and must address several specific requirements regarding the element's scope and
content."