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city of san Luis osispo
SPECIAL MEETINGS OF THE CITY COUNCIL
Tuesday, September 23, 2014
Special Meeting — 5:00 p.m.
Council Hall, 990 Palm Street
San Luis Obispo, California
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday,
September 30, 2014 at 5:00 p.m. in the City Council Chambers, located at 990 Palm
Street, San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice
Mayor Carlyn Christianson, and Mayor Jan Marx
Council Member
Absent: None
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Carpenter led the Pledge of Allegiance.
BUSINESS ITEM
131. REVIEW AND APPROVAL OF LABOR RELATIONS OBJECTIVES
Human Resources Director Irons, Human Resources Manager Zocher, Richard
Bolanos, of Liebert Cassidy Whitmore, narrated a presentation entitled "Labor
Relations Objectives" and responded to Council inquires.
Mayor Marx called for public comment on the matter, there being no one present
desiring to speak to this issue.
minutes
city of san tuis oBispo
SPECIAL MEETINGS OF THE CITY COUNCIL
Tuesday, September 30, 2014
Special Meeting — 4:00 p.m.
Special Meeting — 5:00 p.m.
Council Hall, 990 Palm Street
San Luis Obispo, California
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday,
September 30, 2014 at 4:00 p.m. in the City Hearing Room, located at 990 Palm Street,
San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice
Mayor Carlyn Christianson, and Mayor Jan Marx
Council Member
Absent: None
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Assistant City Manager, Community Development Director
Johnson, and Anthony Mejia, City Clerk, were present at Roll Call.
Consultants
Present: Nick Johnson, Johnson Aviation, and Lori Balance, outside Legal Counsel
(via teleconference), were present at Roll Call.
CLOSED SESSION
City Attorney Dietrick requested a Closed Session to discuss the following item listed on
the Closed Session agenda.
A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9: No, of potential cases: One.
City Council Meeting Minutes — September 30, 2014
Page 2
A point has been reached where, in the opinion of the legislative body of the local
agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local agency.
The existing facts and circumstances exposing the City to litigation include
allegations regarding non - compliance with the California Public Utilities Code
relating to the City's certification of an Environmental Impact Report, proposed
overrule of the Airport Land Use Commission's inconsistency determination
regarding the City's General Plan /Land Use and Circulation Elements update project
and the City's proposed adoption of the Land Use and Circulation Elements and
Airport Overlay Zone. Letters from the Department of Transportation, Division of
Aeronautics, dated September 12, 17 and 19, 2014, and September 18, 2014 letter
from the Airport Land Use Commission are available for public inspection at the
Office of the City Clerk at 990 Palm Street, San Luis Obispo, California or online at
www.slocity.org.
PUBLIC COMMENT ON CLOSED SESSION ITEM
City Attorney Dietrick called for public comment. There was no one present desiring to
speak on Closed Session.
RECESS
Council recessed to Closed Session in the Council Hearing Room at 4:01 p.m.
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
September 30, 2014 at 5:00 p.m. in the City Council Chambers, located at 990 Palm
Street, San Luis Obispo, California, by Mayor Marx.
PLEDGE OF ALLEGIANCE
Vice Mayor Christianson led the Pledge of Allegiance.
REPORT FROM CLOSED SESSION
City Attorney Dietrick advised that Council met on one matter of anticipated litigation
related to comments received regarding the City's proposed course of action to overrule
an inconsistency determination, comments were received by the Airport Land Use
Commission (ALUC) and Caltrans Division of Aeronautics, and no reportable action was
taken.
J
City Council Meeting Minutes — September 30, 2014
Page 3
PUBLIC HEARINGS
PH1. REVIEW OF CHAPTER 7 (AIRPORT) AND CHAPTER 8 (SPECIAL FOCUS
AREAS) OF THE DRAFT LAND USE ELEMENT, CHAPTER 11 (AIRPORT) OF
THE CIRCULATION ELEMENT, AND PROPOSED UPDATES TO AIRPORT
RELATED SECTIONS OF THE NOISE AND SAFETY ELEMENTS; AND
REVIEW OF PROPOSED AIRPORT OVERLAY ZONE PROVISIONS IN THE
ZONING CODE
Community Development Director Johnson, Contract Planner Kaiser, Associate
Planner Leveille, and Nick Johnson, Johnson Aviation, narrated a presentation
entitled "Land Use and Circulation Element Update, Chapter 7, Airport Overlay
Zone, LUE Chapter 8, CE Chapter 11, Noise and Safety Elements Amendments"
and responded to Council inquires.
It was noted for the record that the draft Land Use and Circulation Elements
(LUCE), Council Agenda Report, staff memoranda dated September 26, 2014
and September 30, 2014, and public correspondence have been submitted for
Council's consideration.
Mayor Marx opened the Public Hearing.
' Carol Florence, Oasis Associates, noted that she is representing several special
planning area property owners; on behalf of NKT Commercial, expressed support
for the Foothill and Santa Rosa, University Square Shopping Center, and Upper
Monterey planning areas; on behalf of Waste Connection, voiced a desire to
work with the City to facilitate the vision for the South Broad Street plan; on
behalf of the Kundert heirs, expressed gratitude to the City for moving forward
with the rezoning of the "LOUR Creekside" properties; questioned if the west side
of the site will remain agricultural, opining that maintenance would be difficult;
suggested the following modification to Land Use Chapter 8, LOVR Creekside, to
read as follows "As part of development, impacts of a new feadway connection in
some form from Los Osos Valley Road to Higuera shall be analyzed;" urged
Council support for Planning Commission recommendation for the Broad and
Tank Farm area.
Carl Dudley, San Luis Obispo, stressed the need for additional workforce
housing; encouraged Council to support the recommendations and move forward
with adoption of the LUCE.
Jerry Rioux, representing San Luis Obispo County Housing Trust Fund, spoke on
his experience trying to find affordable housing in San Luis Obispo; urged
Council to support the LUCE as presented, opining that it will maximize housing
and provide for flexibility related to the Prado Road overpass /interchange.
City Council Meeting Minutes — September 30, 2014
Page 4
John Larson, Planning Commission, reviewed the Planning Commission's
recommendation to move forward with the LUCE and Airport Overlay Zone,
noting that the Commission believes the City is consistent with the guidance
provided by the Caltrans Airport Land Use Planning Handbook.
Stephen Peck, representing Avila Ranch, LLC, conveyed appreciation to the City
and community for developing the LUCE; opined that staff has responded to
Caltrans issues related to the airport area and preserved Council's right to make
land use decisions for the area.
Ermina Karim, representing the Chamber of Commerce, acknowledged the City,
Planning Commission and community for its participation in the LUCE process;
voiced support for the LUCE, noting that it will support growth within the urban
reserve line and allow people to work and live in the same area; urged Council to
move forward with overruling the ALUC and to retain its right to make land use
decisions.
Brad Brechweld, representing the Economic Vitality Corporation, voiced support
for the Planning Commission recommendation and to move forward with the
Airport Overlay Zone; spoke on the importance of creating head of household
jobs, workforce housing, and improving circulation.
Lenny Grant, representing the Economic Vitality Corporation and RRM Design
Group, spoke on the results of a workforce housing survey, noting that the costs
of housing may influence people's decision to leave the area; opined that
Residential Zones R -2, R -3, and R-4 will help support the community need for
additional housing; suggested that supporting a strong economy will also help
support environmental stewardship.
,ran Miller. San Luis Obispo, voiced concerns related to the difficulty of finding
housing in San Luis Obispo; stated that his business provides head of household
jobs but his employees cannot afford housing.
Amy Sinsheimer, speaking on behalf of Central Coast Grown, voiced support for
allowing residential development at Tank Farm; recommended that Council
require San Luis Ranch to retain 50% agricultural /open space onsite and based
on the gross project site.
Travis Fuentez, resident of San Luis Obispo County, stressed the importance of
maintaining a jobs /housing balance and affordable housing, encouraged Council
to support the LUCE as proposed.
Robert Kinports, San Luis Obispo, expressed concern related to the affordability
of housing, noting the workforce is traveling from Santa Maria and North County
impacting the environment; suggested that the Land Use Element be modified to
allow San Luis Ranch to convert a portion of agricultural land to park space.
City Council Meeting Minutes — September 30, 2014
Page 5
Dave Juhuke, LUCE Task Force member, opined that additional housing is a
critical component of the LUCE and will help achieve a job /housing balance;
urged Council to support proceeding with an overrule of the ALUC.
Steve Devencenzi, Planning Director of San Luis Obispo Council of Governments
( SLOCOG), conveyed that housing is a critical issue for the region; expressed
concern about the cost of the 101 expansion; stated that his staff has analyzed the
LUCE and found it to be consistent with the SLOCOG Board policies.
C.R. Lara, Atascadero, noted that the hospitality industry is expanding and
encouraged Council to be mindful of the workforce's housing needs.
Donald Hedrick, San Luis Obispo, voiced opposition to mixed use projects,
asserting that such projects cause noise and fumes from commercial uses to
impact residents; opined that the encouraging the student population to remain
on campus will help address the need for housing.
Roy Garcia, San Luis Obispo, expressed concern related to developing in flood
prone areas and during drought conditions.
Mila Vuiovich- LaBarre, San Luis Obispo, voiced concerns related to Council
certifying the LUCE Environmental Impact Report prior to resolving issues related
' to the Airport Overlay Zone; opined that LUCE should be modified to address
safety concerns raised by the ALUC and Caltrans; asserted that moving forward
with housing in the airport area will put passengers and residents at greater risk;
stated that Prado Road should be a two -lane road with a center turn lane; opined
that developers be required to fund infrastructure improvements, including roads
and a new fire station; stated that an EIR is needed for the Margarita Area
Specific Plan amendments; urged Council to maintain the Damon Garcia sports
park and improve multi -modal transportation.
Marshall Ochylski, representing San Luis Ranch, suggested that Council modify
the San Luis Ranch Performance Standards Chart to eliminate reference to 65.5
acres and replace with 50% related to agricultural /open space; opining that the
modifications will allow for flexibility, maximize housing, and improve multi -modal
transportation and infrastructure.
Eric Meyer, Chair of the LUCE Task Force, noted that participation by the
community, LUCE Task Force, and Planning Commission has resulted in the
proposed LUCE.
There being no others desiring to speak on this item, the Public Hearing was
closed.
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City Council Meeting Minutes — September 30, 2014
Page 6
In response to public comment, Community Development Director Johnson
explained that Council certified a Program Environmental Impact Report for the
Land Use and Circulation Elements, noting such action does not authorize any
specific developments; advised that future General Plan Amendments, Rezones,
and Specific Plan Amendments within the airport overlay zone would be referred
to the ALUC for a consistency determination.
In response to public comment, Outside Special Counsel Lori Balance explained
the concept of a No Plan Zone, advising that the City of San Luis Obispo would
not be considered a No Plan Zone regardless of moving forward with an overrule
of the ALUC inconsistency determination.
In response to public comment, Mr. Nick Johnson advised that flight paths
transverse all areas of the airport area, therefore disclosure documents are
provided to potential property owners to ensure they are aware of airport
operations in the area.
RECESS
Council recessed at 6:50 p.m. and reconvened at 7:02 p.m., with all Council Members
present.
Community Development Director Johnson advised that a compendium of
amendments to the draft Land Use and Circulation Elements will be prepared for
the October 21, 2014 Council meeting.
As Council discussion ensued the following direction was noted:
1. Council made no additional amendments to Chapter 7.
2. Circulation Element Chapter 11.0.1 should be amended to read as "The City
shall support and encourage expansion of air transportation services
forecasted in the Airport Master Plan and approved by the FAA (Federal
Aviation Administration).
3. It was suggested that Circulation Element 11. 1.4 be amended to read as "The
City shall work with the County Airport Land Use Commission to complete its
updates to the Airport Land Use Plan for the San Luis Obispo County Airport
and encourage them to utilize objective verifiable data, expert advice, best
practices and modern technology, as thev consider adjacent urban land use
impacts noise and safety zones and requirements of state law regarding
climate change." It was agreed by Council majority to not move forward with
the suggested amendment except to strike `46" and inserting "updates."
1
City Council Meeting Minutes — September 30, 2014
Page 7
4. Draft Zoning Code Chapter 17.57.020 (Airport Overlay Zone, Applicability)
' should spell out the acronym "RPT (Runway Protection Zone) and be
amended to read as "Regulations in this Chapter shall apply to all uses,
activities, and existing and proposed development on properties within Safety
zones S -1b, S -1c and S -2 designated in the ALUP. New development and
land uses within the RPZ and S -1a ALUP Safety Zones shall be consistent
with provisions of the ALUP, 64ess the Gity ^"°'F ffid°° a dete.rm. inatien ^`
5i6teRGY by the AffiFpeFt Land Gernmissien as allowed under Sent
taken, the Goty shall eRSUFe that development 06 GORS-66—tP-14t With d-.;FeSt 0 OR E R
Council further directed staff to reorganize the structure of this section to
improve clarity.
5. Land Use Element Chapter 7 (Airport) and the Safety Element should be
globally amended to reflect throughout: if overrule occurs the City is
consistent with the State Aeronautics Act, with guidance from the Caltrans
Airport Land Use Planning Handbook.
6. Land Use Element Chapter 8 (Special Focus Areas), Introduction, be
amended to include "North Side of Foothill (Bishop Knoll)" in the list of special
1 planning areas.
7. Land Use Element Chapter 8 (Special Focus Areas), San Luis Ranch Specific
Plan Area, Performance Standards Chart, should be amended to eliminate
reference to Minimum Open Space /Agriculture 65.5 ac, replace with minimum
50 %, and delete column % of site.
1
Type
Allowed
Minimum*
Maximum
500
Residential
LDR MDR
350 units
units
MHDR HDR
200,000
Commercial
NC CC
50,000 SF
SF
150,000
Office/High tech)
O
50,000 SF
SF
200
Hotel/Visitor-
rooms
serving
Parks
PARK
5.8 ac
Open Space /
OS AG
6}3-3 as
Minimum
No maximum
Agriculture
50 %'
Public
n/a
Infrastructure
n/a
City Council Meeting Minutes — September 30, 2014
Page 8
'There can be a reduction in the minimum requirement based on specific physical and /or
environmental constraints.
' The City Council may consider allowing a portion of required open space to be met through
off -site dedication provided:
A substantial multiplier for the amount of open space is provided for the off -site property
exchanged to meet the on -site requirement; and
Off -site land is of similar agricultural and visual value to the community; and
Off -site land is protected through an easement, dedication or fee title in perpetuity for
agriculture /open space.
It was suggested that the above footnote and asterisk be deleted. It was
agreed by Council majority to not move forward with the suggested
amendment.
Community Development Director Johnson pointed out that referencing only a
"% of site" is defined as the percent of each site dedicated for open space,
using the gross project site.
Council Member Ashbaugh noted for the record that he believes the San Luis
Ranch land owner is making a sincere effort to meet the City's competing
values for workforce housing and maintaining our open space.
8. Land Use Element Chapter 8 (Special Focus Areas), Avila Ranch Specific
Plan Area, Performance Standards Chart Footnote', should be amended to 1
read as "Up to 1/3 of the open space may be provided off -site or through in-
lieu fees consistent with the Airport Area Specific Plan.
may be— r$dbl6ed up to 30% of the site nFnnnrti9RaIIy to the amount 9
n
9. It was suggested that Land Use Element Chapter 8 (Special Focus Areas),
Upper Monterey, Item F, be amended to read as "The City will work with local
hotels and Cal Poly to develop enhanced meeting rooms and conference
facilities. These types of facilities would not be located on the east side of
Monterey north of California Street,
jppmpFiate fGF this aFea. unless adequate buffers and noise mitigation
measures are required to protect the creek and the established neighborhood
east of the creek. A conference center in conjunction with a hotel is
appropriate for this area, but not a stand -alone conference center." It was
agreed by Council majority to not move forward with the suggested
amendment except to strike the word "...+s appropriate for this area."
I
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City Council Meeting Minutes — September 30, 2014
Page 9
10. Land Use Element Chapter 8 (Special Focus Areas), Sunset Drive -In
Theater / Prado Road Area, Paragraph 1, should be amended to read as "This
38 -acre area should be further developed only if flooding can be mitigated
without significant harm to San Luis Obispo Creek. Until flood hazards are
mitigated, continued agricultural use and low- intensity recreational use are
appropriate. Any use drawing substantial regional traffic also depends on
providing needed infrastructure at Prado Road, and extending Prado Road to
connect with Madonna Road, and realignment of Elks Lane.
During the course of discussion, Council questioned: 1) potential alterations to
the existing intersection of Footh ill/Chorro/B road and the desirability of modifying
the intersection of Chorro and Foothill (Land Use Element Chapter 8, Special
Planning Area, Foothill Boulevard /Santa Rosa Area); and 2) the issue of
provision of a Prado Road overpass versus full interchange. Council requested
that staff provide an overview of both areas as part of the Circulation Element
discussion and continued the Public Hearing to October 7, 2014 at 6:00 p.m.
ADJOURNMENT
The City Council adjourned at 8:34 p.m. The next Regular Meeting to be held on
Tuesday, October 7, 2014 at 6:00 p.m. in the City Council Chambers, 990 Palm Street,
San Luis Obispo, California.
r
ZtAhony J. 'ia
City Clerk
APPROVED BY COUNCIL: 10/21/14