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HomeMy WebLinkAbout02-07-2017 Item 6, WalkerCOUNCIL MEETING: OL- u? 'Zt] k'j ITEM NO.:_______ From: Kathie Walker < V Sent: Tuesday, February 07, 2017 12:21 PM U azm To: E-mail Council Website Subject: 22 Chorro: de novo Hearing and Bonus Density Law FEB 0 7 2017 Dear Mayor Harmon and Council members, SLO CITY CLERK Regarding the incentives and concessions given to the developer, the California Density Bonus Law is not meant to give carte blanche for blanket approval of a project. A project can be denied if there is substantial evidence to show that the project with have a significant adverse impact on the community. In November 2016, the Appellate Court found traffic was considered to be a significant adverse impact on a neighborhood even though the traffic was in compliance with their general plan. (East Sacramento Partnership for a Livable City v. City of Sacramento). The Court held the EIR did improperly rely on general plan traffic policies as thresholds of significance to conclude that LOS E and F conditions on city streets resulting from the project are not significant traffic impacts under CEQA. The DEIR's thresholds of significance for the studied intersections provided that there would be "a significant impact if traffic generated by the project degrades LOS from an acceptable to unacceptable LOS" and, where LOS is already unacceptable, "increases the average vehicle delay by five seconds or more." Under the relevant General Plan Mobility Element Policy M 1.2.2, "LOS F conditions may be acceptable [in the project area] to achieve other goals, provided there are improvements to the overall system or non -vehicular transportation is promoted." htt :Ilwww.ce adevelo meats.com/2D96/l1/1D/sacramenfo-residential-infill- ro'ect eir-violated-ce a- b -basin -less-than-si nificant-traffic-irn act-findin -solei-on-com fiance -with- eneral- lan- olic-allowin -los-fI I strongly support infill development. However, the 22 Chorro project as it is currently proposed, will have a sigmificant adverse impact on the surrounding community due to the impact of additional vehicles and lack of parking. We live approximately two blocks from the ICON project on Taft and Kentucky which only has six 2 - bedroom units. The parking lot is full, there is overflow in the adjacent commercial parking lot and into our neighborhood. Since the completion of the project, and for the first time in seven years, there is no available parking on Fredericks Street at night.The ICON project is the only new development in our neighborhood. I also urge you to clarify your purview of the appeal. I believe administrative appeals in San Luis Obispo are de novo which means the case is considered in its entirety, from the beginning, including any new evidence presented at the appeal. At least that's how it has always worked in the past. When my husband, Steve, and I appealed some narrow issues for a Notice of Violation (NOV), we were told at the City Council hearing that our appeal was a de novo hearing. This meant that the subject of our appeal was the entire case, from the beginning. During our appeal the Chief Building Official, Anne Schneider. added charges against us that were not included in the original Notice of Violation. Unfortunately for us, Council adopted Ms. Schneider's recommendation and the appeal put us in the _worst possible outcome that included destructive inspections and added 'violations' that weren't included in the original NOV. Because our Appeal was de novo, Council considered all evidence, including "new evidence" presented at our appeal by Ms. Schneider. If the 22 Chorro project appeal is subject to the same review, please consider the project from the beginning. I urge you to represent the voice of your constituents and uphold the Appeal with the finding that the project, as proposed, will have a significant adverse impact on the traffic and parking in the community. New parking cannot be "created" therefore cannot be mitigated without the developer providing more parking onsite for tenants. Thank you for your consideration. Kathie Walker