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HomeMy WebLinkAbout03/19/1991, 4 - APPEAL OF PLANNING COMMISSION ACTION APPROVING A USE PERMIT FOR MODIFICATIONS TO CITY WASTEWATER TREATMENT FACILITY. MEETING DATE: ����►�►�illlllllllllll i�► II�III City of San WI S OBISPO 7 -J ITEM NUMBER: COUNCIL AGENDA REPORT FROM: Arnold Jonas, Community Development Director d PREPARED BY: Greg Smith, Associate Planner✓` SUBJECT Appeal of Planning Commission action approving a use permit for modifications to city wastewater treatment facility. CAO RECOMMENDATION Consider the action of the Planning Commission and the appeal filed by the Utilities Department, and approve use permit U 1496'subject to appropriate findings and conditions, including alternate condition No. 5, and deleting condition No. 7. REPORT IN BRIEF The Planning Commission has approved a use permit for the Wastewater Treatment Plant upgrade project, and has recommended council approval of a General Plan amendment and rezoning to accommodate the project. The Utilities Department has appealed several of the use permit requirements, feeling that they could delay construction of the project and add to its cost. No major land use policy issues are raised, but Utilities staff questions whether there is a reasonable linkage between the plant upgrade and some of the requirements. DISCUSSION Background I The council certified an EIR supplement for this project on January 15, 1991. The Architectural Review Commission granted final approval to the project on February 19, 1991. The Planning Commission has taken two actions on the project: on January 9, 1991, they approved the use permit required by city zoning regulations, and on February 13, 1991, they recommended council approval of the General Plan amendment and rezoning. The Wastewater Treatment Plant upgrade project is mandated by the State Water Quality Control Board, to improve the quality of effluent discharged to San Luis Creek. Data Summary Address: 35 Prado Road Applicant/ Appellant: City of San Luis Obispo Utilities Department Existing and Proposed Zoning: PF (Public Facility), C/OS-20 (Conservation/Open Space, 20-acre minimum lot size) Existing and Proposed General Plan: Public/Semi-Public, Conservation/Open Space Environmental Review Status: EIR supplement approved by council January 15, 1991. Action Deadline: November 15, 1991. � r' U 1496 Page 2 Site Description The project site involves approximately 17 acres of the property owned by the city south of Prado Road, between US 101 and San Luis Creek. The city's Corporation Yard and property used for a recycling center occupy other portions of the city-owned property. Several acres of the city property are undeveloped, and treated wastewater holding ponds occupy city property south of the treatment plant project area. Much of the project site is occupied by existing wastewater treatment and transit maintenance facilities. The site is surrounded by undeveloped land and service commercial uses to the north; service commercial and residential uses across the creek to the east; the treated wastewater ponds and undeveloped land to the south; and tourist commercial uses and vacant, unincorporated land across the freeway to the east. Application Description The treatment plant upgrade involves construction and remodeling of several buildings, wastewater filtering and storage tanks, and associated pipes and roadways. The project also involves reconfiguration of the bus parking facilities at the Transit maintenance Facility. The use permit covers the construction and operation of these facilities. EVALUATION The attached letter of appeal from the Wastewater Division Manager summarizes the basis for the appeal, which requests deletion or amendment of three of the seven conditions adopted by the Planning Commission: 1. Creekw yJWrovements The approved plans show a setback of twenty feet or more from the top of the creek bank, in accordance with city policy. The existing access road which parallels the top of bank along much of the site is proposed to be preserved for occasional maintenance use, and future use as a creekside bike trail. Condition No. 5 of the use permit would require the following improvements concurrently with the upgrade project: "Creekway improvements, including pedestrian and bicycle access and extensive landscaping, shall be Listalled as pan of this project." The Planning Commission indicated that the level of creekway improvements should be consistent with previous requirements of private creekside developments of a similar scale. Utilities staff opposes this requirement for three reasons: designing and installing the additional improvements might delay the upgrade project; the trail would be of limited use, pending possible future connection across private property to the north or south; and the trail might encourage public access through the treatment plant area Utilities staff is not opposed to financial participation in .constructing a future bike path development. 'f-02 U 1496 Page 3 Staff has prepared alternative language for condition No.5 which adresses some concerns of both the Planning Commission and Utilities staff- s. Creekway improvements, including pedestrian and bicycle access and extensive landscaping, shall be installed as part of this project. Completion of pedestrian and bicycle trails may be deferred until connections to off-site trails are feasible. 2. Future Bus Parking As noted above, the existing bus parldng area is to be modified to make room for new wastewater treatment facilities. The original plans for the project also showed expansion of the bus parking area to the south along the freeway frontage, with a cul-de-sac type turnaround. The southerly extension is now proposed as a "future" bus parldng area, which may be paved if the city's transit maintenance yard is expanded. The commission opposes the future bus parking designation, as noted in condition No. 6: 'Proposed future bus parking shall be eliminated" The commission felt that the question of bus parking expansion would be more properly addressed in conjunction with specific plans for expanding transit operations. Commissioners were also concerned with the possible visual impacts of bus storage near to the freeway. As reported the March 5, 1991 council meeting, staff is reviewing the master plan for the area around the Wastewater Treatment Plant. Staff believes that providing for expansion of transit operations should be a high priority, and the master plan will provide an opportunity to design bus storage facilities in a way that will be consistent with the condition adopted by the Planning Commission. Staff no longer opposes condition No. 6. 3. Wildlife Habitat Pond The wastewater treatment process currently uses two lined ponds approximately one-half mile south of the main treatment plant. These ponds provide limited open water habitat, primarily for birds. The original EIR for the treatment plant required replacement of the lined ponds with a four- acre wildlife habitat pond, since the lined ponds were to be used in a way that would negate their habitat value. As discussed in the EIR Supplement, however, revised plans do not require use of the lined ponds for effluent treatment. The ponds were to be retained and enhanced to provide wildlife habitat. The commission felt it was appropriate to require the four-acre wildlife pond as a condition of approval for the treatment plant use permit, even though it was not specifically needed as a mitigation measure. Condition No. 7 states: 'Within two years of completion of the wastewater plant upgrade, the city shall provide a pond with at least four acres water surface for aquatic wildlife and waterfowl habitat. The .precise location, design and management of the pond shall be developed by mutual agreement of the city's Utilities and Community Development Departments and the California Department of Fish and Game." �3 U 1496 Page 4 Several factors complicate the design of the pond. Appropriate vegetation would have to be selected and established;provisions would have to be made for maintaining the water level and preventing flooding; and the water from the pond would not meet standards for discharge to the creek If the pond project is tied to the treatment plant upgrade, the latter project may be delayed. Staff believes these issues can be better addressed as part of the master plan review, and opposes linking the ponds directly to the upgrade project. It may also be appropriate to consider whether the treatment plant site is the best location for wildlife habitat enhancement, and whether the project would be cost effective. CONCURRENCES The actions of the ARC and Planning Commission are noted above. Concerns of the Utilities Department and Transit Division are also discussed above; no other department has raised significant concerns with the rezoning or use permit. FISCAL IMPACT The improvements required by conditions 5 and 7 of the use permit will require additional expenditures. Costs cannot be predicted accurately until designs for those improvements are completed, but would probably exceed $200,000. The improvements have not been included in the preliminary budget for the Wastewater Treatment Plant Upgrade project. ALTERNATIVES The council may uphold the appeal, and approve the use permit subject to conditions which it determines to be appropriate. Delays in approving the use permit may result in delays in the Wastewater Treatment Plant upgrade project. RECOMMENDATION Consider the action of the Planning Commission and the appeal filed by the Utilities Department, and approve use permit U 1496 subject to appropriate findings and conditions, including alternate condition No. 5 and deleting condition No. 7 as stated above. Attachments: Draft Resolution - Denying Appeal Draft Resolution - Upholding Appeal (alternate cond. No. 5, delete No.7) Vicinity Map Site Plan Appeal Letter PC Resolution PC Minutes 1/9/91, 12/12/90 gtsd:U1496CC.wp RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO APPROVE APPLICATION NO. U 1496, AND APPROVING A USE PERMIr TO ALLOW MODIFICATIONS TO THE CTrY WASTEWATER TREATMENT PLANT LOCATED AT 35 PRADO ROAD WHEREAS, the Planning Commission conducted a public hearing on application No. U 1496 on January 9, 1991, and conditionally approved the application; and WHEREAS,the applicant has appealed that decision to the City Council; and WHEREAS, the City Council has conducted a public hearing on March 19, 1991, and has considered the testimony and statements of the applicant, and other interested parties, and the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; NOW,THEREFORE, the council resolves to uphold the appeal and approve application No. U 1496 based on the following findings, and subject to the following amended conditions: SECTION 1. Findines 1. The proposed modifications to the treatment plant will not adversely affect the health, safety, or welfare of persons residing or working on the site or in the vicinity. 2. The modifications are appropriate at the proposed location and will be compatible with surrounding land uses. 3. The modified use conforms to the general plan and meets zoning ordinance requirements if rezoned as stated in Condition 1. 4. An environmental impact report and a supplement to the EIR have been prepared, recommended mitigation will be included, and the final approving body (City Council) can find that the project is justified despite significant noise and energy impacts, due to the overriding concern to meet water quality standards. SECTION 2. Conditions 1. Prior to construction of the cooling towers, dual-media filters, chlorine contact tanks and relocated bus storage yard, the area to be occupied by these facilities shall have Resolution No. (1991 Series) U 1496 Page 2 been rezoned from Conservation/Open space to Public Facility. 2. A qualified archaeologist will train city public works inspectors and the project's construction contractors in how to recognize resources that may be encountered. In addition, the archaeologist will be present to make spot inspections in sensitive areas. If excavations encounter archaeological resources, construction activities which may affect them shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project 3. Project plans shall include a planting plan emphasizing use of drought tolerant native trees to screen the cooling towers and nearby above-ground equipment from off-site views, for approval by the Architectural Review Commission. Planting in accordance with the approved plan shall be completed prior to operation of the equipment to be screened. 4. Except in emergencies (such as broken pipes), construction activities at the treatment plant will be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. Mufflers will be kept in proper condition. 5. Creekway improvements, including pedestrian and bicycle access and extensive landscaping, shall be installed as part of this project Completion of pedestrian and bicycle trails may be deferred until connections to off-site trails are feasible. 6. Proposed future bus parking designation shall be deleted from site plan, but that portion of the site shall be rezoned for Public Facility uses. On motion of . seconded by . and on the following roll call vote: AYES: NOES: ABSENT: Resolution No. (1991 Series) U 1496 Page 3 the foregoing resolution,was passed and adopted this day of . 1991. Mayor ATTEST: City Clerk APPROVED: City A trative Officer tto ey Community DeveWment Director �7 RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO APPROVE APPLICATION NO. U 1496 APPROVING A USE PERMIT' TO ALLOW MODIFICATIONS TO THE CM WASTEWATER TREATMENT PLANT LOCATED AT 35 PRADO ROAD WHEREAS, the Planning Commission conducted a public hearing on application No. U 1496 on January 9, 1991, and conditionally approved the application; and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the City Council has conducted a public hearing on March 19, 1991, and has considered the testimony and statements of the applicant, and other interested parties, and the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the council has determined that the action of the Planning Commission was appropriate; NOW, THEREFORE, the council resolves to deny the appeal, and uphold the action of the Planning Commission to conditionally approve Use Permit U 1496. On motion of . seconded by and on the following roll call vote: AYES: NOES: ABSENT: O Resolution No. (1991 Series) U 1496 Page 2 the foregoing resolution was passed and adopted this day of . 1991. Mayor ATTEST: City Clerk APPROVED: City A trative Officer i Att rney ntn—� Community Devel ent Director �`-7 C-T IC- C/os-40 \V, �_R _ �_S_S I Jos -5 J• T C-R-PD / R-2 / s ._ YR I =n C LYRE. ' of _S CT. 0 V / o ,1 R_2_S ATK. e OHO V 1 F cs R-2 1 / .•viii=:;5:.:t,:.: 'S` �tiY:5::5�ii}::::':tni��� ���� .l'•'•t':^bnli;y:?':t::i::t'id;::i:t�' CJ I ::O:Vit;•:.C�t:titiE^ ^_S c'S C S P- �a% _____---_ ,o \C—s—P \ �C-S-SP-gD un LRR •• ye' M -S P C-T 4 /0S-2 . D // V _ TANK IAAll-ROAD , S.L.0 SUBURB AN ROAD R-I-FQk .Kla�a ! aca oma vALLaT •D�o li 10 ss c�a R-2 PD °/rte JI 1: � 1 rt rCC11O./IR•DYCRLKT ROAD � bio 1 Yr tY 1 `Y � W sus �Os� OVON c4vJw PRA00 ROAD 1 N /�•• � O / s a 00 W P s s a <Y �w F= » M 1 leo ag ` S o su b i a oa ►oou . V all y1 �. 1� Li II 1 p F11 1 I < 9F22 W Y �,<z "� 1. b OSS INW_ la ICY Le lii _W fs Iit 4 ..i• Y O WsZZ ce :i A a � » � I /) y OL)01 ~ CF Y WO 1 7 :C ro0 ZACA LANE a u :wl+ 1yy c- Y 5 5../ ; s a <O ` J . MMS Y a v ua o o s ms rte' ar r ;� E _ c > : .Z `. o; as It ► �c ±u u« �a � � � Lu W 3 I 5.uu �0 6C 0 W y c N `O cr _ � k � _J N I ' a C W C: _ _ s W c F W D: 1 � 2 s 0 0 �� k sLn 9II�1 city of san tuis OBISPO A 11 990 Palm Street/Post Office Box 8100 • San LUIS Obispo, CA 93403.8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title 1 , Chapter 1 . 20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the tiecislon of City Planning Commission rendered on Jan. 9, 1991 which decision Consisted of the following H . e . set forth factual situation and the grounds for submitting this appeal . Use additional sheets as needed) : The City Utilities Dept. would like to appeal the decision of the Planning Commission to include the following conditions on the City's use permit No. U1473 for the Wastewater Treatment Plant Improvements: (1) Provide creekway improvements along the length of the project site for pedestrian and bicycle access, including extensive landscaping. (2) Eliminate the "future" bus parking from the plans and use permit. (3) Create a 4 acre pond within 2 years of completion of the project. Utilities staff feel that items 1 and 3 above would be best handled through projects planned specifically for those purposes and that further evaluation is necessary to insure the location and development of these types of facilities and habitats are appropriate for the site. In regards to item 2 above, the City Transit Manager has expressed concern regarding future expansion of the transit facilities should the transit system go regional. Staff is not requesting that these facilities be developed at this time, but that the area to the south and west of the Unit 4 treatment facilities be rezoned PF and designated as "future" bus parking in order to facilitate development of the expanded transit facilities in 'the future. The undersigneddddi`sccussed the declsionbeing appealed from with: Oil r S J G/.. C, .. ATE TIME APPEAL RECEIVED: Appellant: ,John E. Moss/Wastewater Division Manager Name/Title R E C E IV ED Representative A, s� JAN 1 7 1991 955 Morro St. , San Luis Obispo, CA 43401 Address CITY CLERK, (805) 549-7220 SAN LUIS OBISPO.CA Phone Original for City Clerk Copy to City Attorney Calred for:, Copy to City Administrative Officer V�v Copy to the following department(s) : 74- City Cler n -/ 1 A �i1i°�� °111► i►�III�IiII�►"""" i IIIA cityo san luis oBispo MMMMA � 25 Prado Road • San Luis Obispo, CA 93401 January 22, 1991 To: Jeanette DiLeo Glen Matteson Greg Smith From: John E. Moss, Wastewater Division Manager SUBJECT: USE PERMIT NO. U 1473, UTILITIES DEPARTMENT APPEAL OF CONDITIONS This brief memorandum is to restate the results of our meeting regarding the above appeal held on January 22, 1991. If you note any inconsistencies in understanding please contact me as soon as possible. 1. Bike/Pedestrian path along WWTP site. Currently required as a condition of the use permit. Utilities would prefer to see development of the bike path be completed as part of an overall bike system program. We do not wish to add to the scope of this already complex project anything which may delay completion of the plans and specs. We also do not wish to develop facilities which may encourage public activity on the treatment plant grounds. This would be the case with development of a bike path in this area prior to providing access to the path from Prado Rd. I have discussed the possibility of financial participation of the Utilities Department for a proportionate share of future bike path development in this area with Bill Hetland. He is agreeable to this option. 2. Future Bus Parking. Currently required to be deleted from the drawings as a condition of the use permit. Utilities staff has requested the "future" designation as a result of an agreement with the Transit Department in order to facilitate bus yard expansion should the transit system go regional. At a minimum we would request that the area currently designated as future bus parking be zoned PF and recommend that the issue of future use of the entire area between the treatment plant site and the final effluent ponds be addressed by Planning and the Public Works and Utilities Departments. 3 . Creation of an additional four (4) acre pond. This requirement was originally included in the EIR as a mitigation for reduced open water habitat resulting from changed operations of the final effluent ponds. Those ponds are now to be retained and enhanced as open 1 /3 water habitat, however, Planning Commission still wants the Utilities Department to add another 4 acre pond. Utilities staff feels that toe issue wetlands habitat development should be addressed through a planning effort for that purpose and should not be arbitrarily attached to this project. There are numerous issues to be addressed before we start construction of wetlands in this area, including the issue of future use of the area as discussed in item 2 above. I realize that this memo is more a rehash of the Utilities Department stand on these issues, however I don't believe that we ever really reached any sort of agreement. Please advise me as soon as possible of any additional information required of Utilities. I would be happy to assist in the future development of a bike path and wetland, I just hope its not required as part of this project. SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5048-91 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall, San Luis Obispo, California, on January 9, 1991, pursuant to a proceeding instituted under application No. U1496 by the City of San Luis Obispo, applicant USE PERMIT REQUESTED: To expand the city's wastewater treatment plant PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall. GENERAL LOCATION: 35 Prado Road. GENERAL PLAN LAND USE ELEMENT: Public/Semi-Public, Conservation/Open Space. PRESENT ZONING: PF, C/OS-20. WHEREAS, said commission as a result of its inspections, investigations, and studies made by itself, and in behalf and of testimonies offered at said hearing, has established existence of the following circumstances: 1. The proposed modifications to the treatment plant will not adversely affect the health, safety, or welfare of persons residing or working on the site or in the vicinity. 2. The modifications are appropriate at the proposed location and will be compatible with surrounding land uses. 3. The modified use conforms to the general plan and meets zoning ordinance requirements if rezoned as stated in Condition 1. U Ndo Resolution No. 5048-91 Use Permit U 1496 Page 2 4. An environmental impact report and a supplement to the EIR have been prepared, recommended mitigation will be included, and the final approving body (City Council) can find that the project is justified despite significant noise and energy impacts, due to the overriding concern to meet water quality standards. NOW, THEREFORE, BE IT RESOLVED that application No. U1496 be approved subject to the following conditions: 1. Prior to construction of the cooling towers, dual-media filters, chlorine contact tanks and relocated bus storage yard, the area to be occupied by these facilities shall have been rezoned from Conservation/Open space to Public Facility. 2. A qualified archaeologist will train city public works inspectors and the project's construction contractors in how to recognize resources that may be encountered. In addition, the archaeologist will be present to make spot inspections in sensitive areas. If excavations encounter archaeological resources, construction activities which may affect them shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. 3. Project plans shall include a planting plan emphasizing use of drought tolerant native trees to screen the cooling towers and nearby above-ground equipment from off-site views, for approval by the Architectural Review Commission. Planting in accordance with the approved plan shall be completed prior to operation of the equipment to be screened. 4. Except in emergencies (such as broken pipes), construction activities at the treatment plant will be limited to Monday through Friday, 7:00 am. to 6:00 p.m. Mufflers will be kept in proper condition. 5. Creekway improvements, including pedestrian and bicycle access and extensive landscaping, shall be installed as part of this project. 6. Proposed future bus parking shall be eliminated. 7. Within two years of completion of the wastewater plant upgrade, the city shall provide a pond with at least four acres water surface for aquatic wildlife and waterfowl habitat. The precise location, design, and management of the pond �l� Resolution No. 5048-91 Use Permit U 1496 Page 3 shall be developed by mutual agreement of the city's Utilities and Community Development Departments and the California Department of Fish and Game. The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo upon the motion of Commr. Gurnee, seconded by Commr. Peterson, and upon the following roll call vote: AYES: Commrs. Gurnee, Peterson, Kouralds, Hoffman, Karlesldnt, and Schmidt NOES: None ABSENT: None VACANCY: One Arnold B. Jonas, Secretary Planning Commission DATED: January 9, 1991 -4�-/7 MINUTES - CITY PLANNING COMMISSION City of San Luis Obispo, California January 9, 1990 Special Meeting PRESENT: Commrs . Keith Gurnee, Barry Karleskint, Richard Peterson, Janet Kourakis, Richard Schmidt, and Chairman Gilbert Hoffman . ABSENT: None . OTHERS PRESENT: Greg Smith and Glen Matteson, Associate Planners; Arnold Jonas, Community Development Director; Cindy Clemens, Assistant City Attorney; John Moss, Wastewater Division Manager; and Diane Wright, Recording Secretary. PUBLIC COMMENT: Brett Cross, 1217 Mariners cove, asked if Staff had looked into the quarries inside the urban reserve line as he requested at a previous meeting. He added that Mr . Madonna is trying to re-route Froom Creek back to its original route and suggested staff investigate . Arnold Jonas advised the Commission staff has not yet Investigated the quarries . -------------------------------------------------------------------- Item 1 . Wastewater Treatment Plant Upgrade :. Request to ex- pand the city's wastewater treatment plant; 35 Prado Road; PF zone; City of San Luis Obispo, applicant. (Continued from November 28 and December 12, 1990 ) -------------------------------------------------------------------- Greg Smith presented the staff report and explained the plans had been modified to include a future bus parking area near Highway 101 to be used if the city bus system was to expand and become a regional bus system. New information included a city arborist 's evaluation of existing trees, staff 's summary of creek facilities and open space use, and staff ' s evaluation of the visual impacts of the project . staff recommended that the Commission determine the supplement to the EIR is adequate and make a recommendation to the City Council to certify the supplement, determine that the revisions to the project will not cause significant adverse environmental effects, and approve the use permit subject to findings and conditions . Commr . Gurnee asked staff what a dirt pile at this site was for . Arnold Jonas replied it was a stockpile of material from street resurfacing projects that has been reground and is used as base material in other projects. He added it is temporary storage and is saving the city money because the material is being reused . P.C. Minutes January 9, 1991 Page 2. Commr . Gurnee asked staff how many feet at the top of the bank could be used as a pedestrian access . Glen Matteson replied there is a minimum 20 feet available along the project site . Commr. Schmidt asked staff how many square feet of paving is being proposed for the project . Greg Smith said he had not done a calculation, but estimated that an additional 5-10,000 square feet, compared with the 100, 000 square feet previously proposed, would be paved. John Moss explained areas already paved are not included in this square footage . in answering Commr. Schmidt 's question as to why the proposed additional parking couldn ' t be closer to the maintenance building, Moss explained an 85-foot turn-around space is needed and this is the only space available . Commr . Gurnee asked where the plant would expand in the future if It became necessary because of city growth. John Moss advised these plans are projected through the year 2015. He added if it needed to expand then, it would probably expand to the south. Commr . Gurnee noted if . a private contractor wanted to store material, he would have to get a permit . John Moss, in answer to a question by Commr . Gurnee, said all landscaping in this project would be irrigated with effluent . Arnold Jonas added staff and CALTRANS are discussing a pipeline so wastewater can be used by CALTRANS . Glen Matteson gave a visual presentation of the site and gave color photographs made from the slides to the Commissioners . Commr . Schmidt expressed disappointment in the planning staff providing a valuation of the monetary value of existing trees instead of an evaluation of possibly preserving some of the existing trees as requested by the Commission . Commr. Gurnee thanked staff for addressing his chief concern, the view from Highway 101, adding he hoped some of the screening will include a blend of dense shrubs as well as vertical trees . He proposed a condition stating creekway improvements along the entire project site include pedestrian and bicycle access and extensive landscaping to be a part of the project . He said he did �f-/9 P.C. Minutes January 9, 1991 Page 3 . not want to stand in the way of a project that is desperately needed, and could support the project with that added condition. Chairman Hoffman opened the public hearing. Brett Cross, 1217 Mariners Cove, suggested the Commission require some type of showers, lockers and bicycle lockers also. John Moss said there are already shower and locker facilities and a bike parking area at the plant. Chairman Hoffman closed the public hearing. Commr . Schmidt felt the project should include an auxiliary pond as a wetlands area as requested by the Department by Fish & Game . He said he would like to see more than 20 feet of tree screening because of the negative visual impact this project will have at an entrance to the city. He added he would like to see the additional bus parking area near the highway eliminated. Glen Matteson advised the Commission that wetlands could be designed so that effluent would not enter Ban Luis Creek . He added staff preferred that this project be allowed without a requirement for creating wetlands, since the -existing wetlands would be preserved and enhanced. Commr . Gurnee believed areas in the Laguna Lake Master Plan would probably be a better place for a wetland habitat . Commr . Schmidt wanted to include the condition that was in the previous use permit, requiring the city to provide a habitat pond within two years of project completion. Commr . Gurnee said he would agree with Commr . Schmidt If -wetlands existed on the site, but this is not the case . Commr . Gurnee moved to accept the EIR supplement as adequate and recommend the City Council certify the EIR supplement, determine that the revisions to the project will not have a significant adverse environmental impact, and approve the use permit subject to findings and conditions, with the addition of a condition 5 stating that creekway improvements, consisting of public bikeway and pedestrian access and extensive planting, shall be designed and installed as part of the project, along San Luis Obispo Creek for the full length of the project site; and condition 6 proposing the future bus parking area shall be eliminated . Commr . Peterson seconded the motion, Resolution H.Q. 5048-91. Commr . Schmidt said he could not support the motion without the Inclusion of a condition requiring a wetland habitat. He also P.C. Minutes January 9, 1990 Page 4 . pointed out finding number 3 states the project meets zoning requirements and condition 1 states rezoning will be required. Arnold Jonas suggested adding the words as conditioned below to finding 3 . Commr . Kourakis agreed with Commr . Schmidt 's request for a wetland habitat . Commr . Karleskint expressed a concern about the aborist 's report and said he would like some of the existing trees to be saved. He added requiring wetlands for this project does not prohibit wetlands at Laguna Lake . Commr . Hoffman agreed with the requirement for wetlands . Commr . Gurnee amended his motion to include condition 7, worded the same as the condition requiring wetlands in the previous use permit and with the change to finding 3 suggested . Commr . Peterson agreed to the amendments as second to the motion. VOTING: AYES - Commrs . Gurnee, Peterson, Kaxleskint, Schmidt, Kourakis, and Hoffman. NOES - None . ABSENT - None. The motion passed . COMMENT AND DTSCUSSTON Commissioners discussed future study sessions and meetings . Commissioner Gurnee asked staff to find out if a permit was issued for the stock piling of recycled paving at the wastewater treatment plant . The meeting adjourned at 8:10 p.m. to a special meeting on January 15, 1991 . Respectfully submitted, Diane Wright Recording Secretary MINUTES - CITY PLANNING COMMISSION City of San Luis Obispo, California December 12, 1990 Regular Meeting PRESENT: Commrs. Keith Gurnee, Barry Karlesldnt, Janet Kourakis, Fred Peterson, Richard Schmidt, and Chairman Gilbert Hoffman (one vacancy) OTHERS PRESENT: Glen Matteson, Associate Planner; Greg Smith, Associate Planner; Judith Lautner, Associate Planner; Arnold Jonas, Community Development Director, John Moss, Wastewater Division Manager; Cindy Clemmons, Assistant City Attorney; Barbara Ehrbar, Recording Secretary ACCEPTANCE OF AGENDA Arnold Jonas, Community Development Director, indicated that staff recommended that Item 6 (Tract 1884 - 1411 Marsh Street) be continued to the January 16th meeting. On motion of Commr. Kouralds, seconded by Commr. Karlesldnt, consideration of Tract 1885 was continued to the January 16, 1991, meeting. PUBLIC COMMENT: There was no public comment. MINUTES: Commr. Schmidt noted a correction to page 6 of the October 24, 1990 meeting. On motion of Commr. Gurnee, seconded by Commr. Kourakis, the minutes of October 24, 1990, were approved as amended; and the minutes of November 27, 1990, were approved as written. 1. Use Permit U 1496. Request to expand the city's wastewater treatment plant; 35 Prado Road; PF zone; City of San Luis Obispo, applicant. Greg Smith, Associate Planner, presented the staff report recommending the commission approve the use permit subject to findings and conditions, which are similar to those approved for the project's previous use permit. Commr. Schmidt indicated he was concerned that the issue of the cumulative visual impact on open space from the highway has not been addressed in the EIR to date. He was also concerned with bus parking by the freeway. He questioned why the city has decided not to develop a wildlife lagoon and why an acata-type sewage plant is not being proposed, in which the open space would be used for filtration and recycling, as well as a multi-use wildlife habitat. P.C. Minutes December 12, 1990 Page 2 John Moss, Wastewater Division Manager, indicated the city has to meet very constraining discharge requirements in the state which cannot be met through a marsh treatment-type system. He presented the proposed landscaping plan for the project. Commr. Schmidt asked why the commission was not holding a public hearing on the EIR supplement? Glen Matteson, Associate Planner, indicated that a public hearing was scheduled before the City Council, which is required by the state guidelines for the loan program which will be used for the project. Chairman Hoffman declared the public hearing open. Brent Cross, 1217 Mariners Cove, was concerned that if a marsh was built on the sewer site, the Fish and Game Department would then not consider the willow removal at the Prefumo Inlet as an offset for the Laguna Lake project. Chairman Hoffman declared the public hearing closed. Commr. Gurnee felt the project was absolutely necessary and would result in an environmental benefit to the creek. However, he felt there should be a formal public hearing on the EIR supplement. He noted he was concerned with the creek setbacks and possible trail improvements and visual impacts. He supported continuing the project to the commission's next meeting in order to conduct a public hearing on the EIR and the use permit. Commr. Schmidt indicated he wanted thought given to revising the site plan in order to come up with an alternative location for storing the buses someplace other than next to the freeway or justification for why that is the only feasible place to do it. Commr. Karleskint agreed with concerns raised by Commr. Gurnee and indicated he was also concerned that tree removals need to be reviewed by the City Arborist He felt the bus parking should be resolved better. He suggested that a visual survey be prepared. He felt that in order to be fair to all parties, this project should be treated the same as a private project He agreed a public hearing should be conducted on the supplemental EIR. John Moss indicated that revising the site plan will put the city in potential liability with the state. He noted the city had signed an agreement with the state for construction of the treatment facility within a certain time frame; therefore, the plans and specs needed to be completed by December 15th. He indicated that significant changes to the site plan would go beyond that date and would be very costly to the city. He encouraged the commission to support staffs recommendation to approve the use permit so that the project can proceed. He felt much consideration has been given to the environmental �-�3 P.C. Minutes December 12, 1990 Page 3 impacts of the project and he had no problems with the mitigation as requested. Commr. Gurnee moved to continue consideration of the project including a public hearing on the supplement EIR to a special meeting on January 9th with direction to staff to provide a visual survey of the site and to provide more information regarding the creeks, tree removals, and possible alterative sites for bus parking. Commr. Karleskint seconded the motion. VOTING: AYES: Gurnee, Karleskint, Kourakis, Peterson, Hoffman, Schmidt NOES: None ABSENT: None The motion passes. 2. Planned Development PD 1488. Consideration of amending the zoning map from service-commercial, special considerations (C-S-S) to service-commercial, planned development (C-S-PD) and consideration of a preliminary development plan allowing large offices; 2877 South Higuera Street; Steven Wise, applicant. Greg Smith, Associate Planner, presented the staff report recommending the commission continue the project with direction to revise the site plan. Chairman Hoffman declared the public hearing open. Steve Wise, applicant, 846 Higuera Street, felt the issue of visual impact was the main concern. He noted that while staff felt the building is too massive on the Higuera frontage and should be stepped back, he felt the building was actually designed in line with the hillside and takes up a very small portion of the property. He noted another consideration was to place the building longways so that drivers would only see the short side of the building vs. the adjacent building which shows a long massive concrete wall to drivers. He indicated that to further reduce the scale of the building, colors were selected to help break up the mass of the building. He indicated that the building is 13 feet above the sidewalk, but noted that is a function of the slope of the site. He felt that by making the building three stories and stepping it up the hillside will not reduce the mass; while stepping a two-story building will effectively reduce the building's massiveness. He noted that he is working with the Architectural Review Commission to mitigating their concerns by stepping back the upper floor of the building 16 feet. He noted the overall height of the building has been lowered by 2 feet. He requested a change in the zoning to allow offices on the site.