HomeMy WebLinkAbout05-28-2014 PC MinutesSAN LUIS OBISPO
PLANNING COMMISSION MINUTES
May 28, 2014
CALL TO ORDER /PLEDGE OF ALLEGIANCE
ROLL CALL: Commissioners Hemalata Dandekar, Michael Draze, John Fowler,
Ronald Malak, William Riggs, Vice - Chairperson Michael Multari, and
Chairperson John Larson
Absent: None
Staff: Community Development Director Derek Johnson, Senior Planner Phil
Dunsmore, Deputy Director of Public Works Tim Bochum, Traffic
Operations Manager Jake Hudson, Interim Assistant City Attorney
Anne Russell, and Recording Secretary Diane Clement
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as amended. The agenda forecast was moved forward to
accommodate Commr. Draze who recused himself from consideration of Item 1.
MINUTES:
Minutes of May 14, 2014, were approved as presented.
PUBLIC COMMENTS ON NON - AGENDA ITEMS:
Mila Vujovich- LaBarre, SLO, stated that she met with staff concerning the acquisition of
40 Prado Road by the Regional Transit Authority (RTA) for RTA offices /facilities and
has decided not to file an appeal, because she was assured that future development at
that site will come before the Planning Commission.
There were no further comments made from the public.
PUBLIC HEARINGS:
1. 276 Tank Farm Road. SPA/ER 92 -08: Recommend certification of Final EIR and
amendments to portions of the Airport Area Specific Plan for the Chevron
Remediation & Development Project: Chevron, applicant (Phil Dunsmore)
Senior Planner Phil Dunsmore presented the staff report, recommending the City
Council adopt the following resolutions and continue review of the Public Facilities
Financing Plan (Chapter 8) of the Airport Area Specific Plan to July 9, 2014:
a. Resolution A recommends the City Council certify the Final EIR with findings of
overriding considerations relative to Air Quality and Transportation and
Circulation.
b. Resolution B recommends the City Council amend the Airport Area Specific
Plan including policy amendments in Chapters 3, 4, 6, and 7 of the Airport Area
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May 28, 2014
Page 2
Specific Plan and General Plan Land Use Map to correspond to the Chevron
project and FEIR.
PUBLIC COMMENTS:
Bill Thoma, SLO, endorsed the amendments and encouraged the development of a
finance plan that is workable and affordable for applicants. He noted the importance of
growing small companies into regional players, attracting businesses to the City, and
developing resources for a tax base to finance further improvements.
Victor Montgomery, representing Chevron, noted this project will provide benefits for the
local economy and quality of life. He referred to EIR certification as the gateway to
remediation and that it should be approved quickly so that a season of construction is
not lost. He supported the staff recommendation and stated that Chevron is committed
to remediation and restoration.
Daniel Blandford, Business Development Manager for Calportland Construction which
operates a ready mix concrete plant in the area, supported the project and encouraged
the City to work toward solutions for a finance plan for this and all future projects.
John Wallace, SLO, representing several properties in the area, recommended adoption
of staff recommendations and commended separating out the financing plan. He
expressed concern about how changing the construction fees would be reconciled with
the remediation. Referring to page PC1 -184, Table 4.3 Allowed Uses, he stated that it
seems incorrect not to allow office use in the service commercial area. He stated that
other entities deal with funding issues by forming bodies such as community service
districts and also wrapping in some citywide considerations. He noted that the
proposed fees for a 10,000- square foot metal building on Suburban Road would be
$168,000, one third of the cost of the project.
Myron H. Amerine, SLO, stated that remediation has been long awaited. He stated that
the roundabouts should have sharrow markings and roads should have continuous
Class 2 bike lanes. He noted that "bicycle /bike path" should be upgraded to be
consistent with State terminology in the report.
Mila Vujovich- LaBarre, SLO, stated that Tank Farm Road needs to be widened before
remediation to avoid traffic congestion while toxic substances are being removed via the
roadways. She suggested a northern alignment for the Class 1 bike way and that the
15 -acre recreation area should be closer to the Damon Garcia Sports Complex. She
stated that the 8,000- square foot commercial building planned by Chevron is not
compatible with neighborhood character. She suggested that another remediation be
considered for the intersection of Broad and Tank Farm.
Carol Florence, SLO, representing East Airport Commerce Park, recommended
adoption of the two resolutions. She stated that she wants a robust discussion of
funding alternatives, because the fees are now over one -third of the cost of projects.
She noted that she wants to provide certainty to clients for future development.
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May 28, 2014
Page 3
Charlene Rosales, Director of Government Affairs for the SLO Chamber of Commerce,
stated that certification of the FEIR is a positive step that the Chamber supports.
Lea Brooks, SLO, applauded the bicycle, pedestrian, and transit plans and noted that
meeting the goals will require political will to get people to take public transportation,
walk, or bike and that doing so will reduce the need to widen roads. She asked people
to attend the workshop Saturday at the library.
Steve LePell, SLO, expressed concern about the remediation process and asked if
there will be monitoring of the process and a final report before development begins.
He supported the comments of Ms. Vujovich-La Barre and Ms. Rosales. He stated that
he supports step -by -step development, and financing is a concern.
There were no further comments made from the public.
COMMISSION COMMENTS:
Commr. Larson asked staff in attendance to do a presentation on fewer lanes for Tank
Farm Road to address a question from Commr. Riggs about why the results of modeling
two lanes was not included in the report when it had been specifically requested.
Senior Planner Dunsmore stated that four lanes, not two lanes, had always been a part
of the analysis but that there had been a question about two lanes as part of the
phasing of road construction.
Traffic Operations Manager Hudson stated that the cumulative study said four lanes will
be absolutely needed. He noted analysis of two -lane sections for each phase was
done, and that the planned widening is designed to keep up with increasing traffic.
Deputy Director of Public Works Bochum added that it may be possible to include a
study of two vs. four lanes as part of the LUCE coming to the Planning Commission in
the future. He noted that the phasing was proposed by Chevron.
Community Development Director Johnson stated that he recalled a discussion of the
timing of two vs. four lanes and that more analysis can be done about when the four
lanes will be needed and what will happen if the four lanes are not built.
Commr. Riggs stated he had previously questioned the need for four lanes, referred
staff to documents on smart roads and doubts whether four lanes are consistent with
the LUCE.
Commr. Multari stated that he also recalled a discussion recorded in the minutes about
this issue. He noted that it is a policy question as to whether to reduce costs and
absorb a worse level of service to try to force the community from single - person car
trips to other modes. He stated he does not want to delay the remediation and asked
about the impacts on the map.
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May 28, 2014
Page 4
Senior Planner Dunsmore and Deputy Director of Public Works Bochum reviewed the
intersections where mitigation might not be possible due to the feasibility of acquiring
the right of way and /or the cost.
Commr. Multari asked if Prado Road alignment is different in this report than in the
Circulation Element.
Deputy Director of Public Works Bochum responded with a reference to The
Relationship of the Proposed Project to the Prado Road Extension on page PC1 -40 of
the report.
Commr. Multari stated that fee calculations for the AASP based on proportional or fair
share are only paying for what benefits the specific development. He asked if the
improvements would need to be built if there was no development at all and no fees.
Deputy Director of Public Works Bochum stated that this would be dealt with through
the general fund or grants but that development drives the need for improvements.
Commr. Multari noted that if the fees are too high, then there would be no development
so the need for improvements would disappear. He stated that things not caused by the
development should not be in the fees.
Community Development Director Johnson stated that the City is precluded by law from
charging for improvements beyond those generated by development and that the City
must parse out impacts and charge only for impacts from the development, which is
why the sophisticated traffic modeling is needed.
Commr. Multari asked why the Planning Commission is being asked to recommend
certification of the FEIR now without consideration of Chapter 8 and with the City
Council not certifying the FEIR until September.
Senior Planner Dunsmore responded that all issues with the FEIR have been resolved
and staff wanted to reserve discussion with Council about financing as a separate issue.
Commr. Multari asked whether amendments to expand the list of Class 1 impacts would
be necessary if it is found later that there is no practical way to finance mitigations.
Senior Planner Dunsmore responded that this would be necessary.
Commr. Multari asked if an EIR amendment would be necessary if policy changed
based on the LUCE, resulting in an LOS F with two lanes fifteen years in the future
based on the City deciding to live with congestion, or if a different technology for
transportation was developed, based on an overriding consideration to get people out of
cars.
Senior Planner Dunsmore responded that it would be necessary.
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May 28, 2014
Page 5
Commr. Multari asked if development of this project on the Chevron property could go
ahead before remediation is completed.
Senior Planner Dunsmore stated that it could not.
Multari asked if there would be opportunities to amend the EIR in the 3 -4 years the
remediation will take.
Senior Planner Dunsmore responded that there would be opportunities.
Commr. Multari stated that remediation is the first priority. He asked if there would be a
process via amendment or supplement to the EIR if the philosophy or project changes.
Community Development Director Johnson stated that nothing prevents making
changes to the finance plan.
Deputy Director of Public Works Bochum stated that revisions based on projects that
are found not to be feasible might not require a supplemental EIR. He noted that
Chevron will be contributing even if other things change. He also stated that that the
use of sharrows in the roundabouts as suggested by Mr. Amerine can be done and that
the terminology for bike paths /lanes will be made consistent with state nomenclature.
Commr. Multari asked how remediation will be evaluated to assure the public that it has
been properly done before development begins.
Senior Planner Dunsmore stated that a variety of state resource agencies and the City
and County have worked together to develop the remedial action plan which includes
many checks and balances and assurances. Community Development Director
Johnson added that performance standards are included.
Commr. Fowler stated he is trusting that the process has been and will continue to be
thorough. He asked if the percentages shown for roundabouts applied to four -lane
roads as well as the two -lane roads shown in the presentation.
Traffic Operations Manager Hudson stated that the percentages are scalable to the size
of the intersection.
Commr. Fowler stated that he wants to support the recommendation to the City Council.
He asked if there is still some adjustment in timing to be considered and what is the
impact of tonight's decision.
Deputy Director of Public Works Bochum responded that the timing of the filling of the
square footage is important and that the five phases over 25 years may change
somewhat.
Community Development Director Johnson noted that the build out of Prado Road
depends on what happens in the eastern portion and that it is possible to tailor some
monitoring to determine when four lanes on Tank Farm are needed.
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May 28, 2014
Page 6
Commr. Fowler asked if the bikeways could be installed sooner and whether, when
talking about impact fees, communitywide impacts are included.
Community Development Director Johnson stated there is a need to identify an
alternative funding source.
Commr. Fowler noted that the difficult issues are financing and the timing of
infrastructure completion. He noted that this project will be of huge interest in the
community with lots of feedback and comments.
Commr. Malak expressed concern about visually impaired pedestrians crossing the
roundabouts.
Traffic Operations Manager Hudson stated that all roundabouts are designed to federal
standards for ADA requirements and amendments to those requirements are being
reviewed now at the federal level and will be adopted here even if retrofit is necessary.
Commr. Malak stated that he is not convinced and does not see that there is a solution.
Deputy Director of Public Works Bochum stated that the City can experiment with the
existing Prado Road roundabout and consult with the local low vision group.
Commr. Malak asked how bike paths along Tank Farm Road could be built in stages.
Deputy Director of Public Works Bochum stated that the Class 1 bike path would be
built as close as possible to its final location although it may be built in an interim
location if the need for four lanes stretches out in time.
Commr. Riggs stated that he shared papers with staff about visual and auditory
impairments in relation to roundabouts and noted that this issue warrants more
consideration by staff.
Commr. Larson asked about the lack of office uses in the commercial service zones.
Senior Planner Dunsmore noted that several types of office uses are allowed and that
the City is using what is done citywide to avoid repercussions in other areas. He noted
that this complex subject requires a separate discussion and is not on the table tonight.
Commr. Larson stated that the report focused on cumulative traffic impacts, several of
which are significant and not able to be mitigated. He stated he wanted to know more
about the Class 1 air quality impact and that, in his understanding, this relates to the
operational phase after development in which emissions will not meet diesel particulate
matter and fugitive dust thresholds. He noted that while the emissions are above the
thresholds, the carcinogenic potential is below the limit used for health assessment.
Senior Planner Dunsmore confirmed that this is correct.
Commr. Larson noted that in the descriptions of traffic mitigations, "project" refers to
both the Chevron project and to traffic projects which is confusing. He stated that the
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May 28, 2014
Page 7
key finding to be made by the Planning Commission about Class 1 impacts is that
mitigation measures or project alternatives are not feasible. He noted the report
contains the findings about the lack of feasibility and that staff wants the Commission to
recommend certification and acceptance of the amendments with the exception of the
financing. He stated that Class 1 impacts and the mitigation of long -term traffic impacts
are bundled up with the financing issue, and even if staff does create a financing plan
that holds together over the coming years, traffic improvements that eliminate impacts
will probably not be provided. He noted that it is important to do. more work on the
financing plan and that debt financing, though complicated and harder now than in the
past, should not be discounted as it can still be a solution with major roads. He
concluded that he is concerned with financing but comfortable with moving this item
forward.
Commr. Multari stated he is ready to move this forward with the reservation that, after
seeing Chapter 8 in six weeks, the Commission might give an additional
recommendation to the Council before they act on it. He emphasized that he is really
uncomfortable when staff brings something to the Commission and wants it taken
seriously but says that some parts are coming later. He also noted that Chevron wants
to get started quickly but the problem has been here for decades and he is concerned
as to whether there will be opportunities later to hear any problems that will arise.
Commr. Fowler stated that staff probably made the wiser decision to separate the two.
Commr. Malak agreed with Commr. Multari's comments.
Commr. Dandakar stated that she is concerned about how the history of the area will be
recognized and displayed as recommended by the Cultural Heritage Committee.
Senior Planner Dunsmore stated that it is included in the EIR as a mitigation with signs,
displays and viewing points along the bike paths in phase one of any development
project and it is also included as an AASP policy.
There were no further comments made from the Commission.
On motion by Commr. Multari seconded by Commr. Fowler, to approve Resolution A
recommending the City Council certify the Final EIR with findings of overriding
considerations relative to Air Quality, ad Transportation and Circulation.
AYES:
Commrs. Dandekar, Fowler, Larson, Malak, and Multari
NOES:
Commr. Riggs
RECUSED:
Commr. Draze
ABSENT:
None
The motion passed on a 5:1 vote.
On motion_ -by Commr. Multari, seconded by Commr. Fowler, to approve Resolution B
recommending the City Council amend the Airport Area Specific Plan including policy
amendments in Chapters 3 4 6 and 7 of the Airport-Area Specific Plan and General
Plan Land Use Map to correspond to the Chevron project and FEIR.
Planning Commission Minutes
May 28, 2014
Page 8
AYES:
Commrs. Dandekar, Fowler, Larson, Malak, and Multari
NOES:
Commr. Riggs
RECUSED:
Commr. Draze
ABSENT:
None
The motion passed on a 5:1 vote.
Commr. Multari asked staff not to bring things to the Planning Commission in a
piecemeal manner.
COMMENT AND DISCUSSION:
2. Staff
a. Agenda Forecast by Community Development Director Johnson
1) June 11, 2014, meeting: Laguna Lake Reserve Conservation Plan
2) Jun 25, 2014, cancelled pending any future need.
3) Workshop Saturday, May 31, 2014, 1 -5 p.m., Library.
3. Commission
a. Commr. Larson commended staff on completing this very difficult job,
concurred with Commr. Multari's comments and added that staff needs to listen
carefully to what the Commission is saying. He noted that the City is in a
transition period of adopting new policies about roads. He urged staff to work
with consultants and developers to devise the best financing options possible.
He thanked those who made public comments and noted that these were the
most informative comments he has heard in his time on the Commission.
b. Commr. Malak stated he was flabbergasted when one speaker stated that the
equivalent of one third of a development's costs go to fees.
c. Commr. Fowler observed that financing is going to be a big deal and may not
be done in one meeting.
ADJOURNMENT: The meeting was adjourned at 9:26 p.m.
Respectfully submitted by,
Diane Clement
Recording Secretary
Approved by the Planning Commission on June 11, 2014
Lauri Thomas
Administrative Assistant III