HomeMy WebLinkAbout06_28-29_2017 PC Correspondence - Avila Ranch (Los Verdes Parks 1&2 HOA - Flickinger) 3Los Verdes Park 1 Homeowners’ Association, Inc.
Los Verdes Park 2 Homeowners’ Association, Inc.
attn: Sarah Flickinger, Los Verdes Park 1 Homeowners’ Association, Inc.
c/o: Farrell Smyth
21 Santa Rosa Street, Ste. 250
San Luis Obispo, CA 93405
June 29, 2017
re: Planning Commission Hearing, Avila Ranch FEIR
To the City of San Luis Obispo Planning Commissioners:
This correspondence is made as a joint statement of the two Homeowners’ Associations for the two Los
Verdes Park developments located on either side of Los Osos Valley Road within the southern limits of
the City of San Luis Obispo. One border of Los Verdes Park 1 runs along South Higuera Street from north
of the intersection at Suburban Road to the intersection at Los Osos Valley Road. Our neighborhoods are
planned urban developments (PUDs)—not unlike the proposed Avila Ranch Development—of single
family homes on individual lots, with several commonly held parcels for communal facilities. Our homes
are neither condominiums nor townhomes as characterized in the documentation for the proposed
development. Between the two existing residential neighborhoods, we represent more than 175
individual parcels as well as the common interest parcels, and are in direct proximity to the impacts of
this development.
Neither board has adopted a formal statement with regard to the Avila Ranch project as a whole, but
both boards have adopted statements regarding specific impacts of the project. We recognize the
additional residential needs outlined in the LUCE and General Plan updates as vital to the long-term
sustainability of our community and its shift toward a multimodal future. Our primary concerns are real
and immediate impacts to the safety, health and quality of life of our residents, whose homes became a
part of this City as early as 1974. CEQA requires that impacts to existing neighborhoods affected by
projects be addressed in EIR documents, which our neighborhoods feel still has not been done
adequately for this project, and in some cases, has been done inappropriately. The EIR documents
should include more specific analysis of impacts to ours and additional neighborhoods in the vicinity, the
completed mitigation plans referenced for future development in the FEIR made available for public
review for addressing various impacts, and specific plans for ensuring continued community input
throughout the development, followed by a new release of the DEIR through the CEQA clearinghouse
for additional public comment on these significant changes.
The Transportation Improvement Phasing Plan (MM TRANS-2a) that will address changes and phasing of
mitigations to address transportation impacts should be subject to public review under CEQA
requirements as part of the EIR, as should plans for controlling air quality and noise both during grading
and construction as well as once the project is complete and in use. CEQA is the California
Environmental Quality Act and it is designed so that environmental impacts and mitigations are subject
to public input and oversight prior to any acceptance of a project. Burying such plans outside of EIR
documents and outside of public input is inappropriate. The development of these plans is crucial to our
neighborhoods’ ability to comment on the project itself as it relates directly to our parcels; the absence
of these plans in the EIR process is unacceptable.
For instance, MM TRANS-4 includes direction to confer with adjacent property owners regarding the
intersection of Suburban Road and S. Higuera Street, among others. Los Verdes Park 1 has residential
homes whose bedroom and indoor and outdoor living spaces are directly impacted by this intersection
and any changes thereto, though they are not directly adjacent to it, as they do directly face this
intersection with only open space between them. As an older development, these homes depend on
passive cooling features such as open windows, which require clean air to remain healthy. The FEIR cites
permanent significant changes to air quality due to traffic impacts. Additionally, LVP 1 common
ownership parcels directly border this intersection along the west side. While the plan requires
conference with adjacent property owners—so we should be included in such discussions—the
alignments and approaches to the intersection should also be subject to public input and oversight as
they directly address (in the form of mitigation) significant environmental impacts relating to this project
for parcels not adjacent to the intersection. Air quality impacts are also proposed to be addressed in a
separate plan. Air quality impacts—and specifically cumulative impacts to air quality—are one of the
primary reasons CEQA was developed in the first place. The information to be included in these separate
plans should be included in the EIR documents to allow appropriate public feedback prior to any
certification or advancement of the project.
The following are specific concerns formally adopted by both HOA boards, with suggestions for
amenable mitigations. We have been and continue to be willing to work directly with the developer and
the City to work through these issues in the appropriate manner.
1). First and foremost, the proposed mitigation measure of a second lane on Los Osos Valley Road was
the subject a settlement agreement between the two HOAs, the City of San Luis Obispo and CALTRANS,
when it was proposed as part of the LOVR Interchange Project. Its impacts compromised noise levels, air
quality and safety of residential living spaces and safety of vehicle, pedestrian and bicycle travel into, out
of and in the vicinity of our neighborhoods beyond acceptable levels. It also caused degradation of
access for public safety vehicles and put children loading and unloading at school bus stops at the
intersection of Los Verdes Drive and Los Osos Valley Road at risk. The settlement was reached in good
faith by all parties, and any proposed changes to the agreed upon striping and road alignments requires
specific notification prior to consideration (including scoping and DEIR release) under the terms of the
settlement agreement.
Recognizing the response that this mitigation is being proposed for some point following project
completion does not make it any more acceptable to our neighborhoods. Furthermore, it is still stated
as occurring in Phase 1 in Appendix P of the FEIR, so either the staff report and executive summary is
incorrect or the table of mitigations in Appendix P is incorrect. Having such conflicts within the FEIR
document makes it exceedingly difficult to provide appropriate public feedback.
We are doing our best to address cumulative impacts in a way that serves our communities, our
neighbors (including a school), future Avila Ranch residents, the City at large, as well as commuters to
and from the airport and other adjacent City and County development areas. There is a long-term
solution available, and additional lanes in a residential area (between our two neighborhoods) is not a
solution. This has been tried and is now being corrected or has previously been corrected on South
Street, Johnson, portions of Broad Street, and many others around the City. In some of those cases
injuries and/or loss of life were prerequisites for those corrections. In all cases additional expenditures
are involved beyond previous projects’ mitigations, often restoring streets to original configurations. We
are trying to prevent the same cycle from happening in our neighborhood.
This mitigation measure should be removed from the development plan as it presents a real and
significant hazard to citizens’ well-being. A suitable alternative mitigation measure for this area must be
considered in lieu. According to the traffic study contained herein, the additional lane is only needed in
the absence of the LOVR Bypass, which solves the same traffic flow issues. We respectfully request that
Commissioners direct Staff to prioritize the LOVR Bypass as the preferred mitigation for this area,
advancing the LOVR Bypass as a project and programming it to begin fair share funding with the Avila
Ranch Development through the proposed General Plan or Airport Area Specific Plan updates, and so
that it can be considered during development of County and SLOCOG plans in the near future.
Our neighborhoods have provided the attached memorandum regarding the LOVR Bypass – Constraints
Analysis for consideration in support of this long-term planning solution to local circulation issues within
and around our neighborhood. We recognize that this project is outside the scope of this development
and would require additional approvals and steps, but the traffic study also assumes the Prado Road
Interchange and improvements planned as part of the Chevron Tank Farm Development, which are
subject to the same types of planning constraints, if not more. Developer and TIF funding could be
supplemented with state and regional grant funding for regional connectivity.
2). We appreciate that restriping for additional lanes would not require an adjustment to existing
planted medians, as is consistent with our settlement agreement. However, we still find an additional
northbound lane on LOVR to be a hazard to our residents, including those travelling by bicycle and
motor vehicle in the vicinity, would be inconsistent with the settlement agreement, and strongly oppose
any such restriping.
3). The intersection of Los Verdes Drive at Los Osos Valley Road is not evaluated nor discussed in the EIR.
While the document does include impacts at the intersection of LOVR and S. Higuera and the segment of
LOVR from the intersection at S. Higuera to 450’ past the intersection of Los Verdes Drive, it never
quantitatively addresses or evaluates impacts to the intersection at LOVR and Los Verdes Drive, which
serves as the sole vehicular and bicycle entrance and exit points to our residential neighborhoods. There
are two school bus stops and a City bus stop serving several additional neighborhoods in the greater
area at this intersection, which also go unaddressed. This is also the single access point for public safety
vehicles traveling to homes within the neighborhoods, which will already be subject to additional delay
with the addition of the project according to the FEIR documents. That this intersection and impacts to
access and public services caused by the addition of project traffic are not quantitatively discussed in
this document makes it insufficient as those impacts are real and immediate as early as Phase 1.
The addition of project traffic, both near and long term is significant and will have impacts to the safety
of Los Verdes Park residents at the intersection of Los Verdes Drive and Los Osos Valley Road for both
vehicular and bicycle travel. The impacts further compromise the already failing LOS at the unmentioned
and unmitigated intersection and the direct and indirect safety and wellbeing of residents, public
servants, service providers (mail, delivery services, utilities, contractors) and others who travel through
this intersection.
The addition of project traffic should warrant signalization at Los Verdes Drive prior to completion of
Phase 1 to ensure the continued safety of Los Verdes residents and others who travel in and around our
neighborhoods. In a meeting between our representatives and City staff held June 20, 2017, the
addition of a bikeHAWK signal for bicyclists and pedestrians at Los Verdes Drive / Los Osos Valley Road
was suggested by City traffic planning staff. While any improvement to the situation would be welcomed
and appreciated, our neighborhoods maintain that a full traffic-activated signal for residents and others
who frequent the neighborhoods would be the safest alternative serving all modes of travel equitably.
We would support a bike/ped HAWK signal, but would prefer a full signal that is triggered by demand for
all modes and movements to and from Los Verdes Drive.
There has been discussion of the proximity of this intersection to the intersection of Los Osos Valley
Road and S. Higuera as an impediment to full signalization. However, from looking at a map printed as
part of the LOVR Interchange Improvement Project (during the aforementioned meeting with City Staff),
the distance between these intersections is equal to or greater than the distance between Calle Joaquin
and the Southbound US-101 on/off ramps intersections which are both signalized. Special consideration
to address a cumulative problem should be made for safety’s sake and to prevent future accidents
before they happen. Even if this developer is not able to contribute any more than fair share, including
such a signal in the plan updates as part of this project and programming such improvement for funding
allows other improvement or traffic impact fees to be used for this purpose at the Planning
Commission’s recommendation and City Council’s direction.
4. It appears that the traffic study and findings on several mitigation measures and their benefits may be
inherently flawed. Please see the letter from Melissa Streder, Caltrans District 5 dated June 28, 2017 for
several specific concerns, particularly those relating the LOVR Interchange Improvement Project.
Referencing again the aforementioned settlement agreement, many of the yet uncompleted mitigation
measures from the Los Osos Valley Road Interchange Project that were taken into account in that
project’s environmental documents and the subsequent settlement are being proposed as separate
mitigations within the Avila Ranch project’s DEIR. As the traffic study is based on the assumed outcomes
of a completed LOVR Interchange Project—including said mitigation measures—to show them as having
a new additional benefit on the additional traffic generated by the Avila Ranch project as Avila Ranch
mitigation measures would effectively attribute their benefits at twice the level they will actually
achieve. These include, but are not limited to, retiming at the signal of LOVR and S. Higuera, adjustments
to US 101 signage, etc.
The City is required to provide these mitigation measures as part of the LOVR Interchange Project, and
should have done so according to the schedule outlined in the settlement agreement. Their benefits
should not be leveraged as mitigation measures in the Avila Ranch Project as their completion are
already assumed as part of the existing condition. The LOVR Interchange Project was completed
November 2015, and the traffic study in the Avila Ranch DEIR appendix is annotated as February 2016. If
these are meant to be subsequent changes beyond those to be completed, then our neighborhoods’
settlement agreement should be referenced herein as a prevailing consideration to prevent signal timing
changes that reduce safe and timely movements to and from Los Verdes Drive.
5. The environmental impacts to our neighborhoods of additional project traffic on Los Osos Valley Road
with regard to noise, light pollution and especially air quality are not adequately addressed nor
mitigated in the project’s environmental documents. The proposed additional project traffic between
our neighborhoods is significant to our residents—even at 5%--particularly in the near term plus project
and cumulative plus project scenarios, as are the impacts to residents living in close proximity to point
sources of air pollution, and it should be quantified and mitigated in the EIR. We would propose a
mitigation of acoustic and light-blocking (read: solid, noise- absorbing, deflecting and/or dampening
materials) sound wall along both Los Verdes parks’ frontages facing LOVR prior to completion of Phase
1. Landscape features should be used in addition to the sound walls to further mitigate air quality, noise
and light impacts. Innovative solutions such as CityTree by Greencity Solutions
(https://greencitysolutions.de/en/solutions/#section1bottom) would be welcome additions to the
region for reducing emissions relating to construction and operation of the project, as air quality
concerns are among the significant and unavoidable impacts identified in the EIR, and are of concern to
the health and safety of our neighborhoods’ residents. Future monitoring of sound and air quality in the
existing neighborhoods should be incorporated in similar future developments’ EIR documents.
If developer fair share funding is not sufficient for addressing these issues, impact fees from this and
other developments throughout the airport area that have impacted this corridor and LOVR Impact Fees
should be applied. Other financing sources may be available through grants and other programs, and
our neighborhoods would be happy to support the City and developer in identifying and working toward
such funding in any way we can.
6. The added traffic, including construction traffic during the early phases of grading and construction,
from the project onto Suburban Road is significant in nature and its impacts to adjacent residents should
be evaluated, included and mitigated in the FEIR, not through a separate plan to be determined later
outside of public review. Suburban Road tees into the side of Los Verdes Park 1, with several residences
with bedrooms and living spaces (both indoor and outdoor) in close proximity to the intersection.
Impacts to these residences should be quantified and mitigated as part of this project. The existing
wrought iron fencing and aging hedge at this location are likely insufficient in addressing the additional
noise, light and air quality impacts from the addition of Avila Ranch construction and project traffic,
expansion of the Suburban Road intersection and the changed designation of Suburban Road to a
commercial collector, including during the construction phase as well as throughout the operation of the
project. Additionally, all nightwork in this
These impacts should be mitigated with acoustic and light-blocking sound walls and landscape features
along the Los Verdes Park 1 frontage in direct and near proximity to the Suburban Road and S. Higuera
intersection prior to the beginning of Phase 1. This would effectively include from the beginning of the
Los Verdes Park 1 property north of the intersection to some point past the intersection to the south
along S. Higuera.
During the initial grading and construction as well as during the first phase of the development, prior to
completion of the Buckley Road Extension, our neighborhoods will experience significant noise, air
quality and light pollution impacts from additional construction and project traffic on Vachell Lane,
which also T’s directly into parcels of Los Verdes Park 1.
As there are noise, air quality and light pollution impacts on residences facing S. Higuera from the
addition of project traffic throughout the S. Higuera corridor in growing significance as phases progress,
this mitigation should likely be extended to include the entirety of the Los Verdes Park 1 frontage facing
S. Higuera from the northern corner of the property up to and around the corner of the property at the
intersection of LOVR and S. Higuera. Additional review and mitigation of these impacts should be
included in the EIR.
If developer fair share funding is not sufficient for addressing these issues, impact fees from this and
other developments throughout the airport area that have impacted this corridor should be used.
7. We understand that there are significant traffic issues at the intersection of LOVR and S. Higuera in
need of correction, both as part of the existing condition as well as with this—and later additional—
developments. As discussed in the DEIR neither those measures nor the proposed extension of Buckley
beyond S. Higuera to connect to LOVR, known in the LUCE and DEIR as the LOVR Bypass, are currently
programmed for TIF, and either would require advancement under updates related to mitigation for this
development to proceed. It is also unclear in the EIR whether or not the cumulative assessments assume
the LOVR Bypass as complete as part of the full buildout of the General Plan scenario, so the findings
derived from the project’s impacts with and without the LOVR Bypass and related mitigations may be
inherently flawed as currently evaluated. The EIR does base findings on a full interchange at Prado Road,
which is not currently fully evaluated or approved.
As other mitigation measures for this intersection may be flawed and are infeasible under the terms of
the settlement agreement, the alternative mitigation of the LOVR Bypass should be advanced as part of
the preferred mitigations for Avila Ranch traffic impacts, with a TIF program established for fair share
contribution by the developer. The LUCE specifically allows the LOVR Bypass to be advanced to
determine final feasibility with or without development of the parcels it crosses. We have attached a
memorandum regarding LOVR Bypass – Constraints analysis to this letter for your review and
consideration. This document assesses and presents a version of the LOVR Bypass that is possible and
amenable to our homeowners’ associations’ concerns regarding long term planning as the City
continues to grow. This addresses concerns of regional commuting, neighborhood preservation and
much more in a way that fixes an existing deficiency while supporting future growth.
Based on last night’s discussion regarding the either/or scenario for advancement of the Bypass or
restriping within our neighborhoods, we strongly urge Planning Commission to condition advancement
of the Project with advancement of the LOVR Bypass as the preferred mitigation subject to fair share
contribution. Beyond addressing our neighborhood’s concerns, it addresses concerns of SLOCOG and
SLO County relating to regional circulation for commuter traffic, it provides an attractive green gateway
to the southern portions of San Luis Obispo, it serves tourism interests in the airport and Edna Valley
areas, and may supports business and agricultural interests in the vicinity. It is the right long-term,
sustainable solution to many entity’s concerns.
Our neighborhoods remain open and available to support the City and developer in achieving the goals
of the General Plan through collaborative efforts that serve existing and contemplated developments, as
well as the greater communities of the City and County of San Luis Obispo.
Sincerely,
Los Verdes Park 1 Homeowners’ Association, Inc.
Special Board Member
Sarah Flickinger
Los Verdes Park 2 Homeowners’ Association, Inc.
Special Board Member
Darrell Goo