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HomeMy WebLinkAbout09-10-2014 PC MinutesSAN LUIS OBISPO SPECIAL MEETING PLANNING COMMISSION MINUTES September 10, 2014 CALL TO ORDER /PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners Hemalata Dandekar, Michael Draze, Ronald Malak, William Riggs, and Chairperson John Larson Absent: Commissioner John Fowler and Vice- Chairperson Michael Multari Staff: Community Development Director Derek Johnson, Public Works Deputy Director Tim Bochum, Traffic Operations Manager Jake Hudson, Associate Planner Brian Leveille, Contract Planner Gary Kaiser, Assistant City Attorney Jon Ansolabehere, and Recording Secretary Diane Clement Consultants: Nick Johnson, Johnson Aviation; Rick Rust, Matrix Design Group; and Jeff Oliveira, Oliveira Environmental Consulting ACCEPTANCE OF THE AGENDA: The agenda was accepted as amended. The Agenda Forecast was done first to accommodate Commr. Draze who recused himself from consideration of the two items on the agenda. MINUTES: Minutes of August 13, 2014, were approved as amended. Minutes of August 27, 2014, were approved as presented. PUBLIC COMMENTS ON NON - AGENDA ITEMS: Bob Hitchner, Nexus eWater, described his company's water recycling solutions for homeowners and stated he is interested in working with staff to see how practical his system would be for the City. He left copies of his company's white paper and noted that information can be downloaded from the company's website: http://www.nexusewater.com. There were no further comments made from the public,. PUBLIC HEARINGS: 1. City -Wide. GPI /ER 15/12: Review of Draft Land Use Element (LUE) Chapter 7, Circulation Element Chapter 11 of the General Plan, Proposed Airport Overlay Zone, and associated changes to Noise and Safety Elements for consistency, City of San Luis Obispo — Community Development Dept., applicant. (Continued from August 27, 2014, meeting) (Gary Kaiser) Planning Commission Minutes September 10, 2014 Page 2 Commr. Draze recused himself from hearing the two items on the agenda and left the Council Chamber. Contract Planner Kaiser presented the staff report, which recommends the Commission review and recommend approval of the Draft Land Use Element Chapter 7, Circulation Element Chapter 11, proposed Airport Overlay Zone, and amendments to airport- related sections of the Noise and Safety Elements for consideration by the City Council. PUBLIC COMMENTS: Marilyn Reasoner, SLO, expressed concern about a change in airport landing patterns that has commercial planes making a hard left turn over her home in Los Verdes. She stated she made many calls to the airport resulting in short-term improvement followed by the problem getting worse. Mila Vujovich- La Barre, SLO, stated that she is concerned about the safety of residents and tourists on the ground and in the air if the safety zones surrounding the airport are changed and urged the City to work with the Airport Land Use Commission. She stated that the plans for the Chevron property should be considered. She expressed concern that safety restrictions are being cast aside due to pressure from development interests. There were no further comments made from the public. COMMISSION COMMENTS: Community Development Director Johnson stated that safety has been at the forefront of all City recommendations and that the City also wants the airport to remain economically viable. He noted that City policies ensure ongoing compliance with State requirements and that the City will be working with the ALUC with the objective of reaching consensus. Commr. Dandekar stated that the safety and noise issues were discussed extensively at the LUCE Task Force and that future safety issues in any of the special areas would come to the Planning Commission. Commr. Larson noted that a "buyer beware" notification for future residences that may be subject to airport noise is the last solution to be considered and that first the City should try to resolve airport noise problems. Having said that, he noted that the City went through a very deliberate, thoughtful, and well- documented evaluation that supports the LUCE development concept and addresses airport operational noise and safety issues. There were no further comments made from the Commission. On motion by Commr. Dandekar, seconded by Commr. Malak to approve the Resolution recommending the City Council approve updates to Chapter 7 of the Land Use Element and Chapter 11 of the Circulation Element and minor chan es to the Noise and Safety Elements to ensure internal consistency of the General Plan. Planning Commission Minutes September 10, 2014 Page 3 AYES: Commrs. Dandekar, Larson, Malak, and Riggs NOES: None RECUSED: Commr. Draze ABSENT: Commrs. Fowler and Multari The motion passed on a 4:0 vote. On motion by Commr. Malak, seconded by Commr. Riggs, to adopt a Resolution recommending the City Council approve zoning re ulations amendments and adopt Airport Overlay Zoning Regulations (Title 17 — Zoning Regulations) (GPI /ER 15 -12) AYES: Commrs. Dandekar, Larson, Malak, and Riggs NOES: None RECUSED: Commr. Draze ABSENT: Commrs. Fowler and Multari The motion passed on a 4:0 vote 2. City -Wide. GPI /ER 15 -12: Continued review of the Draft Land Use Element (LUE) and associated Final Environmental Impact Report; City of San Luis Obispo, Community Development Dept., applicant (Gary Kaiser) Contract Planner Kaiser presented the staff report, recommending the City Council take the following actions: (1) Certify the LUCE FEIR and associated documents; (2) Approve policy and program updates to Land Use Element Chapters 1 -6 and 8 -12; and (3) Approve policy and program updates for South Broad Street Area Plan; and (4) Approve policy and program updates for Circulation Element Chapters 1 -5. PUBLIC COMMENTS: Andrew Christie, SLO, director of the SLO Chapter of the Sierra Club, suggested several recommendations for incorporation into the Land Use and Circulation Elements to deal with impacts on air quality, the drought, and protection of the natural environment, including rainwater percolation and water recycling systems for new homes. Steve DelMartini, SLO, stated that he disagreed with the requirement to have residences only on the upper floors for property on the corner of Broad Street and Tank Farm Road. He noted that there is little housing planned for that area but there are many employees working near the airport who could benefit from nearby housing. He added that putting in more housing would benefit the City's trip reduction goals. Victor Montgomery, SLO, representing the 111 -acre Madonna property south of Home Depot, stated that the LUCE recommendations for this property should be retained to give developers design flexibility. Mila Vujovich- La Barre, SLO, noted that there are inconsistencies in the description of future portions of Prado Road; it is referred to as both a two -lane and a four -lane road in Planning Commission Minutes September 10, 2014 Page 4 the Draft EIR. She referred to it as a four -lane truck highway and stated that developers need to be informed of the cost of an overpass or interchange at Prado and Highway 101. She noted that the City has received letters from Cal Trans specifically stating that an interchange is not desirable or feasible yet the LUCE update says there will be one. She stated that this needs clarification. She added that an EIR is needed for the proposed northern alignment of Prado and, if Prado is going to be a four -lane truck road, there is a need to study the cumulative impacts and costs for future developers. She stated that the LUCE update did not adequately address the drought or other environmental impacts. Marshall Ochylski, representing the San Luis Ranch property, stated that he would like the minimums designated in the performance standards of Chapter 8 of the Land Use Element either eliminated or be footnoted to indicate that the minimums are not required if there are constraints that make it infeasible. He expressed concern that otherwise applicants would be required to apply for a General Plan amendment if the minimums cannot be met. He also supported retaining the possibility of meeting ten acres of the open space requirement for the specific plan via an off -site mitigation. Sarah Flickinger, SLO, representing the two Los Verdes Park HOAs, stated that clarification is needed about the alternative rerouting of Los Osos Valley Road to the south side of Los Verdes, known as the Buckley by -pass. There were no further comments made from the public. COMMISSION COMMENTS: Commr. Dandekar stated that there was much discussion at the LUCE Task Force about the San Luis Ranch property as a scenic entry to the City and concluded that guidelines for development were needed. Commr. Larson stated that the fundamental performance standard of 50% open space for this property is in the table and the nuance that allows a portion to be met with off - site mitigation is a controversial issue. Commr. Malak suggested a footnote or modification to the minimum and maximum space required for residential and commercial development. Mr. Rust stated that, in light of sustainability, a minimum gives developers an idea of what is expected but there could be a footnote stating that reductions are based on physical and /or environmental constraints although the City would still expect development to be close to the minimum requirements. Commr. Dandekar stated that she has an issue with some requirements for the Madonna at Los Osos Valley Road area. She noted that the Task Force came up with minimum numbers based on the discrepancy between future housing plans and target goals, and she thinks that not meeting the range of 250 -300 in the EIR defeats that purpose. Planning Commission Minutes September 10, 2014 Page 5 Mr. Rust stated that the smaller estimate of housing for the Madonna property included moving housing away from the noise of Los Osos Valley Road. Commr. Malak stated that he wants a general minimum that is not specific to one site. Commr. Riggs stated that he does not understand the need for the footnote because the Commission has discretion when development comes up for review. Director Johnson explained that if development is less than the minimum, it might trigger the need for a General Plan amendment, and the purpose of a footnote would be to provide some discretion if site constraints prevented a development from meeting the minimum performance standards. Commr. Dandekar stated that the point was to get workforce housing that would reduce traffic. She added that the Task Force saw a need for pockets of higher density where young people could live near their work. She explained that there is a need to maintain that principle and that the sites were not lightly identified by the Task Force. Director Johnson stated that this policy and the table were the result of much discussion in the community and with the Council. He added that off -site mitigation remains a policy issue and not an EIR issue because staff did not have a specific site to evaluate. Commr. Malak stated that he supports a footnote applicable to all development that requires justification for going below the minimum because it would avoid the potential need for a General Plan update. Commr. Larson stated he had no problem with the footnote and Commr. Riggs stated he was not comfortable with it. Commr. Dandekar stated that the percentages generated by the Task Force were not about nostalgia but were in recognition that this is a gateway to the City and there is an aesthetic to protect. She added that even Cal Poly students have pointed out that these corridors are important and she gave the example of how the British have preserved much of the English countryside. Commr. Riggs stated that a general policy of transferability of use is important. Commr. Larson stated that the 50% open space requirement for the Dalidio property has been a notable benchmark for many years and the possibility of meeting it with any off -site consideration is a policy issue. Mr. Oliveira read from the Draft EIR about guidance for off -site consideration which noted that specific consideration is too speculative when there is no particular project to evaluate. Commr. Dandekar noted that this language takes care of the agricultural and open space land. She stated that the ability to reduce open space in exchange for work force housing is a principle. Planning Commission Minutes September 10, 2014 Page 6 Director Johnson stated that he is not sure staff has set the stage for applying this to all specific plan areas noted in the Land Use Element. He also noted that the Dalidio property is not yet a part of the City and there is a long- standing policy of requiring 50% open space when annexing property. Commr. Malak stated he would like to remove the language for the Broad Street/Tank Farm area that limits housing to upper floors. Commr. Dandekar stated that the Task Force concluded it is very important to have mixed use at this very significant corner and that the street frontage is no place for ground floor residences. Commr. Malak stated that this language ties the hands of developers. Commr. Riggs stated that the actual corner is not mentioned in the statement and there could be specific language about the corner. Commr. Larson stated that it is a key intersection and he can picture commercial on the corner with residential behind it. Mr. Rust recommended this language: "The site will provide a strong commercial presence at the intersection" which drops any reference to upper floor residences. In response to a question from Commr. Larson, Public Works Deputy Director Bochum read a letter from Cal Trans that does not preclude an interchange at Prado Road but recommends that the City evaluate alternatives and establish a clear purpose and need. Deputy Director Bochum noted that this will be a difficult project to get approved and will probably happen in conjunction with the development of San Luis Ranch. Traffic Operations Manager Hudson stated that the City had a legal agreement with Los Verdes to consider a Buckley Road /Los Osos Valley Road bypass but that scoping did not include closure of any portion of the current LOVR. He noted that the bypass on its own improved access in and out of Los Verdes and some creekside properties, and provided some relief to South Higuera. He added that when properties come up for development, the City will deal with the bypass, however closure of a portion of the existing road would need to be further considered through separate environmental review. A motion by Commr. Dandekar to continue until tomorrow received no second and was withdrawn. On motion by Commr. Malak seconded by Commr. Dandekar, to approve the recommendation that the City Council certify the final EIR prepared for the LUCE Update Program. (Application #GPI /ER 15 -12 AYES: Commrs. Dandekar, Larson, Malak, and Riggs NOES: None RECUSED: Commr. Draze Planning Commission Minutes September 10, 2014 Page 7 ABSENT: Commrs. Fowler and Multari The motion passed on a 4:0 vote. On motion by Commr. Riggs, seconded by Commr. Malak, to recommend the City Council approve updates to Chapter 8 of the Land Use Element of the General Plan. (GPI /ER 15 -12) AYES: Commrs. Dandekar, Larson, Malak, and Riggs NOES: None RECUSED: Commr. Draze ABSENT: Commrs. Fowler and Multari The motion passed on a 4:0 vote. On motion bV Commr.-Riggs, seconded by Commr. Malak to recommend the Cit Council change the language in 8.3.3.12 of the Land Use Update to read "The site will provide a strop commercial presence at the corner of Broad Street and Tank Farm Road" and delete "residential limited to upper floors." AYES: Commrs. Dandekar, Larson, Malak, and Riggs NOES: None RECUSED: Commr. Draze ABSENT: Commrs. Fowler and Multari The motion passed on a 4:0 vote Commr. Riggs proposed, and Commr. Malak seconded, the motion below. In the discussion that followed, Commr. Riggs stated that the City Council directed staff to look into off -site open space and agricultural provisions for San Luis Ranch and staff found that, while it was a good idea, the evaluation was inconclusive because there was no specific off -site open space to consider. Commr. Malak stated that when this was before the City Council, a number of residents indicated that they did not want any off -site mitigation for open space. Commr. Riggs stated that the Council gave direction to staff at that meeting to look at it, so it is worthy of consideration. Commr. Dandekar noted that in the LUCE Task Force discussions this was seen as a way for the City to gain more acreage for open space. Commr. Larson stated that, given what the community has said regarding the importance of open space, he is not inclined to recommend tinkering with this provision and he is not supporting the motion. Director Johnson stated that the motion by Commr. Riggs is recommending that the Council consider this principle with the details to be determined later and that it refers to Planning Commission Minutes September 10, 2014 Page 8 a maximum ten acre off -site mitigation with the multiplier to be determined when there is an actual proposal. On motion by Commr. Riggs,_ seconded by Commr. Malak, recommending that the City Council consider the exploration of the off-site open space and agricultural provisions for the San Luis Ranch project. AYES: Commrs. Dandekar, Malak, and Riggs NOES: Commr. Larson RECUSED: Commr. Draze ABSENT: Commrs. Fowler and Multari The motion passed on a 3:1 vote. On motion by Commr. Riqqs, seconded by Commr. Dandekar, to retain minimum performance standards required as part of the specific plans listed in Chapter 8 of the Land Use Element but add a footnote statin g that reductions to the minimums may be allowed based on physical and environmental constraints. AYES: Commrs. Dandekar, Larson, Malak, and Riggs NOES: None RECUSED: Commr. Draze ABSENT: Commrs. Fowler and Multari The motion passed on a 4:0 vote Commr. Riggs proposed, and Commr. Dandekar seconded, the motion below. In the discussion that followed, Commr. Malak stated that he could anticipate situations where developers will use that 30% reduction to simply build for more profit while reducing open space. Commr. Dandekar stated that this possibility of trading open space for Work Force housing is important because the City has not been able to get developers to consider this kind of housing. Commr. Malak pointed out that very little affordable housing has been built or planned in the Margarita area. Commr. Dandekar responded that having a minimum plus an incentive takes the developer beyond doing just the minimum which is what has been done at Margarita. Commr. Malak stated that he sees the Commission as a gatekeeper of development and that the City needs to tell developers to build to the needs of the City. Commr. Riggs stated that this consideration for a reduction of open space is in addition to a low market rate policy and is icing on top of that cake. He added that there is a real need to incentivize workforce housing and this is the equivalent of a density bonus. Planning Commission Minutes September 10, 2014 Page 9 Commr. Dandekar noted that the City does not have the tools to force development of workforce housing. Director Johnson noted that the question for consideration is whether to expand the draft footnote to specific plan areas in addition to Avila Ranch and that the intent is not to set up conflicts between community goals of housing with community goals of acquiring open space. Commr. Larson stated this is a controversial item for Avila Ranch with significant opposition and that expanding this to the other specific plan areas is a non - starter. On motion bV Commr. Riggs, seconded by Commr. Dandekar to request that the City Council explore a 30% reduction of open space where it is appropriate for specific plan areas to accommodate affordable housina needs consistent with the Regional Housing Needs Assessment, AYES: Commrs. Dandekar and Riggs NOES: Commrs. Larson and Malak RECUSED: Commr. Draze ABSENT: Commrs. Fowler and Multari The motion resulted in no action based on a 2:2 vote. There were no further comments made from the Commission. COMMENT AND DISCUSSION: 3. Staff a. Agenda Forecast by Director Johnson • Meetings on September 11, 17, and 18, 2014 —LUCE Update • September 24, 2014 — appeal of Director's decision for a nonconforming structure ADJOURNMENT: The meeting was adjourned at 11:09 p.m. Respectfully submitted by, Diane Clement Recording Secretary Approved by the Planning Commission on September 24, 2014 Laurie Thomas Administrative Assistant III