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Home My WebLink AboutItem 1 - 12-20-2017 PC Minutes - Draft City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Planning Commission Minutes - Draft Wednesday, December 20, 2017 Regular Meeting of the Planning Commission CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on Wednesday, December 20, 2017 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Chair Stevenson. ROLL CALL Commissioners Present: Commissioners Kim Bisheff, Hemalata Dandekar, Ronald Malak, Nicholas Ostebur, Vice-Chair John Fowler and Chair Charles Stevenson. Commissioners None Absent: City Staff Present: Community Development Deputy Director Davidson, Assistant City Attorney Jon Ansolabehere, Principal Planner Tyler Corey, Associate Planner Kyle Bell; Planning Technician Kyle Van Leeuwen, Assistant Planner Walter Oetzell; Recording Secretary Teresa Purrington. Pledge of Allegiance Chair Stevenson led the Pledge of Allegiance. Chair Stevenson requested to reorder the agenda to hear Item 5 Part A and B after Item 2. By consensus, the Planning Commission reordered the agenda as requested. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA None Planning Commission Meeting Minutes December 20, 2017 Page 2 of 7 APPROVAL OF MINUTES 1. Minutes of the Regular Planning Commission Meetings of September 27, 2017, October 11, 2017 and October 25, 2017 ACTION: MOTION BY COMMISSIONER DANDEKAR, SECOND BY VICE CHAIR FOWLER, CARRIED 6-0 to approve the minutes of September 27, 2017, as presented MOTION BY COMMISSIONER MALAK, SECOND BY COMMISSIONER DANDEKAR, CARRIED 6-0 to approve the minutes of October 11, 2017 as presented. MOTION BY COMMISSIONER BISHEFF, SECOND BY COMMISSIONER MALAK, CARRIED 5-0-1 (Vice Chair Fowler abstained due to conflict of interest) to approve the minutes of October 25, 2017, as presented. PUBLIC HEARINGS 2. 600 Perkins; Review of a tentative parcel map to create two lots, with a requested exception to the minimum lot size requirements, including a Negative Declaration of environmental review; Case #: SBDV-0626-2017, R-2-S zone; Neils Grether, applicant. Associate Planner Kyle Bell presented the staff report and responded to Commission inquiries. Applicant Neil Grether, summarized the project. Mike Stanton, Project Engineer, provided information regarding the engineering for the project. PUBLIC COMMENT Elaine Cormier Alex McClure --End of Public Comment-- ACTION: MOTION BY COMMISSIONER MALAK, SECONDED BY COMMISSIONER DANDEKAR to approve the recommendation to adopt a Resolution entitled: “A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A TENTATIVE PARCEL MAP TO CREATE TWO LOTS, WITH A REQUESTED EXCEPTION TO THE MINIMUM LOT SIZE REQUIREMENTS (SLO 17-0013), INCLUDING A NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED NOVEMBER 15, 2017 (600 PERKINS, SBDV-0626-2017, EID-0628-2017)” Planning Commission Meeting Minutes December 20, 2017 Page 3 of 7 Motion passed 6-0-0-0- on the following roll call vote: AYES: COMMISSIONERS BISHEFF, DANDEKAR, MALAK, OSTEBUR, VICE- CHAIR FOWLER AND CHAIR STEVENSON NOES: NONE ABSENT: NONE MOTION CARRIED. Item 5 A and B heard at this time. See Item 5 below for direction provided. RECESS: The Commission recessed at 7:36 p.m. and reconvened at 7:41 p.m. with all Commissioners present. 3. 583 Marsh St. Review of an appeal of the Administrative Hearing Officer’s decision to approve a use permit for an “Escape Room” business, a commercial recreation facility – indoor use, with conditions limiting hours of operation and requiring a review of the use permit six months after occupancy of the business, in the Downtown Commercial zone with a Mixed-Use overlay. Case #: USE-1024-2017; C-D-MU zone, Javad Sani, applicant. Planning Technician Kyle Van Leeuwen presented the staff report and responded to Commission inquiries. Applicant Brian Lacertosa, summarized the project and explained the request for expanded hours. PUBLIC COMMENT Robert Spector Cinda Fox Sabastian Ponce Barry Jones John Hans --End of Public Comment-- ACTION: MOTION BY VICE CHAIR FOWLER, SECONDED BY COMMISSIONER OSTERBUR TO approve the recommendation to adopt a Resolution entitled: Planning Commission Meeting Minutes December 20, 2017 Page 4 of 7 “A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DENYING AN APPEAL OF THE ADMINISTRATIVE HEARING OFFICER’S DECISION TO APPROVE A USE PERMIT FOR AN ESCAPE ROOM BUSINESS, CLASSIFIED AS A COMMERCIAL RECREATION FACILITY – INDOOR, WITH CONDITIONS LIMITING HOURS OF OPERATION AND REQUIRING A REVIEW OF THE USE PERMIT SIX MONTHS AFTER OCCUPANCY OF THE BUSINESS, IN THE DOWNTOWN COMMERCIAL ZONE WITH A MIXED-USE OVERLAY, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED DECEMBER 20, 2017 (583 MARCH STREET APPL-1135-2017)” With the elimination of Planning Condition #5. Motion passed 5-1-0 on the following roll call vote: AYES: COMMISSIONERS BISHEFF, DANDEKAR, OSTEBUR, VICE-CHAIR FOWLER AND CHAIR STEVENSON NOES: COMMISSIONER MALAK ABSENT: NONE 4. 1460 Calle Joaquin; Consideration of an amendment to the City’s Zoning Map to designate property at 1460 Calle Joaquin to be within a Tourist Commercial (C-T) Zone; construction of a new two-story commercial building; an exception to the Creek Setback requirement to allow six (6) uncovered parking spaces within the setback; and a Mitigated Negative Declaration of environmental review. Case # RZ-0015-2017 & EID-0016-2017; No Zone (C-T Zone proposed); AuzCo Development, LLC, applicant Assistant Planner Walter Oetzell, presented the staff report and responded to Commission inquiries. Applicant Representative, George Garcia, provided an overview of the project. PUBLIC COMMENT None --End of Public Comment-- RECESS: The Commission recessed at 9:39 p.m. and reconvened at 9:53 p.m. with all Commissioners present. Planning Commission Meeting Minutes December 20, 2017 Page 5 of 7 ACTION: MOTION BY COMMISSIONER MALAK, SECOND BY VICE CHAIR FOWLER, based on the record and the testimony presented, including the visual simulations, the PC hereby recommends that the City Council amend the Zoning Map to designate the subject property as being within a Tourist Commercial (C-T) Zone, consistent with its General Plan designation, but not adopt the Mitigated Negative Declaration, based on potential significant environmental impacts to aesthetics, specifically, blocking of views of Irish Hills and the scenic corridor, and further recommends that the City Council not approve the creek exception. Motion passed 5-1-0 on the following roll call vote: AYES: COMMISSIONERS DANDEKAR, MALAK, OSTEBUR, VICE-CHAIR FOWLER AND CHAIR STEVENSON NOES: COMMISSIONERS BISHEFF ABSENT: NONE BUSINESS ITEM 5. Zoning Regulations Update. The Zoning Regulations Update is focused on implementing the policies and programs of the Land Use and Circulation Elements (LUCE). This will be a standing item on the Planning Commission agenda from June 14, 2017 through completion of the Update of the Zoning Regulations, tentatively scheduled for completion in March 2018. This will be an opportunity for staff to update the Commission on the status of the Zoning Regulations Update and for the Commission to listen to ongoing public testimony and discuss any such updates as they come forward. As a standing item, sometimes there will be nothing to report; other times staff will give a brief update with limited discussion; and at certain points, such as review of the Land Use Table, Parking Requirements, and the Reformatted Outline, there will be more substantive discussion on the item. When materials are associated with the Update, as with the White Papers associated with the Update, such information will be made available to the public and Commission prior to the meeting. Specific Items for Consideration are: 1. Draft White Paper: Case Studies in Local Adult-Use and Medical Marijuana Regulations 2. Alcohol Outlet Regulations Effectiveness Update (to inform implementation of Land Use Element 4.32) Deputy Community Development Director Doug Davidson, and Associate Planner Kyle Bell, presented the staff report and responded to Commission inquiries. PUBLIC COMMENT Jody Belsher Lisa Guy Vivian Soul Planning Commission Meeting Minutes December 20, 2017 Page 6 of 7 Gail Ryff Mila Vujovich-LaBarre John Belsher Sean Donahue --End of Public Comment-- The following discussions/questions were provided: Local Adult Use and Medical Marijuana Regulations: • Like to know what the State has done regarding regulatory control and what’s coming up in the future to help better understand the issue. • Highlight state regulations regarding this issue. • Have we seen any expressed interest in cultivation, manufacturing and testing or is this all about retail? • Can the city regulate the type of goods sold? For example, candy and soda • Is there other data we can obtain from other cities that allow the sale of cannabis? • Concerned how we will decouple the physical and social impacts when we are trying to determine size and location from schools and that we are reviewing this in a silo. Will struggle with this when we don’t have all the information. • Suggest that if there is time on the schedule in January for another study session to get answers to some of the questions asked tonight. • Is the State of California looking to form a bank to handle the money that other banks won’t, since the money can’t be deposited in a federal bank. • What sorts of facilities are we talking about and where they can be located. What are the consequences on the street for enforcement. Feel very uneducated on this, would like to hear from the Police Chief. Alcohol licensing Would like to hear from Chief Cantrell regarding experience in the downtown and incidents of alcohol related crime which are significant. Item 5 C through E were heard at this time. 3. Table 9 (Uses Allowed by Zone) Follow-up Discussion 4. Tentative Schedule for Zoning Regulations Update 5. Director Action and Use Permit Requirements Doug Davidson, Deputy Director presented the staff report and responded to Commission inquiries. PUBLIC COMMENT None Planning Commission Meeting Minutes December 20, 2017 Page 7 of 7 --End of Public Comment-- NO ACTION: Commissioners discussed and provided general direction. COMMENT AND DISCUSSION 6. Agenda Forecast – Deputy Community Development Director Doug Davidson provided an update of upcoming projects. ADJOURNMENT The meeting was adjourned at 10:10 p.m. The next Regular meeting of the Planning Commission is scheduled for Wednesday, January 10, 2018 at 6:00 p.m., in the location, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE ADVISORY BODY NAME: XX/XX/2017