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HomeMy WebLinkAbout04-25-2018 Item 4 - CooperTo: SLO Planning Commission Re: Public Noticies and Hearings: Article 6 & 7 From: Allan Cooper, Secretary Save Our Downtown Date: April 22, 2018 Honorable Chair Stevenson and Commissioners - Most of the following concerns are pertaining to maintaining the current level of public oversight through public notices and hearings. We believe that good design and good planning requires the on-going engagement of neighbors concerned with maintaining the quality of their immediate surroundings. Revisions proposed under Article 6 leaves out all reference to “Public Notices and Hearings” under the heading of “Administrative Permits and Actions”. Are we to construe from this that there will no longer be Administrative Hearings open to the public nor will these meetings be noticed to the public? It is of concern to us that there will be no public oversight on granting “high occupancy use permits”, home occupation (or live-work) permits nor revocations of use permits granted to alcohol outlets, determinations of unique hardship for exceptions to development standards and zoning variances. These are discretionary, not ministerial, decisions which would benefit from public oversight. Moreover, the Director or his designee can, without public oversight, adjudicate on all Tier 1 projects that have been reviewed by either the CHC or ARC. We are also concerned that the quasi-judicial responsibility of the Planning Commission to make adjustments to the C-D Zone development standards or to the Specific Focus Area zones could involve increased heights or building setbacks without any input from the Architectural Review Commission. There is no articulated mechanism proposed where these changes to the building envelope could be referred back to the ARC. We believe that since the California Housing Accountability Act requires that “feasibility” be taken into consideration , the statement under “Burden of Proof and Precedence” should be 1 amended to read: “The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with this Division, including proof of infeasibility and/or hardship, is the responsibility of the applicant.” We would like to know the rationale behind striking out the following passage: “Made Available for Public Review: After an application has been accepted as complete, in compliance with the Freedom of Information Act, the application may be made available for public review as requested.” As far as we can tell, you are not scheduled tonight to discuss the following suggestions proposed by staff and approved in policy by the Council on April 10th - suggestions that would further “streamline and simplify” the development review process. But we would like to address these suggestions as well. First the ARC’s purview is proposed to be scaled back to conceptual review. This will limit the public’s opportunity to comment on parking layouts, floor plan layouts and landscaping as these items will be referred to the Director. Second, the Tree Committee’s purview will be scaled back as they will no longer review street tree removal. Again this will stifle the public’s opportunity to comment. Lastly, both ARC and CHC recommendations will be simply “Pursuant to State law, a review authority shall not deny nor render infeasible a multi-family 1 housing development…” Rcvd: 04-23-2018 Item #: 4 “advisory” to the the Director. The Director will make all final decisions without any public oversight. For Tier 1 projects (5 units or smaller and less than 10,000 sq.ft.), the Planning Commission will automatically be left out of the review process, no matter how controversial the project may be and so will go “good planning”. When the meeting dates for the CHC and ARC are scheduled to take place at the same time, there will be little opportunity for the ARC to be advised of concerns the CHC may have with any given project. Moreover, if the CHC denies the project and the ARC approves the project, then these disagreements must be sorted out by the Director, again leaving the public completely out of these deliberations. Thank you! 4 B. Table 6-1 (Review Authority), identifies the Review Authority responsible for reviewing and making decisions on each type of application required by these Zoning Regulations. C. The Architectural Review Committee has the authority to review and make recommendations to either the Director or the Planning Commission, depending upon the type of project application, regarding compliance with applicable design guidelines. Section 2.48.050 (Projects Subject to Architectural Review) establishes the types of projects subject to architectural review Table 6-1 Review Authority Type of Action Applicable Code Section Role of Review Authority (1) Director Commission Council Legislative Actions Development Agreements and Amendments Recommend (1) Recommend Decision General Plan Amendments Recommend (1) Recommend Decision Specific Plans and Amendments Recommend Recommend Decision Zoning Map Amendments Recommend Recommend Decision Zoning Regulations Amendments Recommend (1) Recommend Decision Planning Permits and Approvals and Administrative Actions Affordable Housing Incentives Recommend Recommend Decision Building Setback Lines Recommend Decision Appeal Conditional Use Permits Recommend Decision Appeal Development Review – Tier I Decision(2) Appeal --Appeal Development Review – Tier II Recommend Decision Appeal Director’s Action Decision(2) Appeal Appeal Downtown Commercial Zone – Adjustments to Standards Recommend Decision Appeal High Occupancy Residential Authorization Decision(2) Appeal Appeal Home Occupation Permits Article 4, Sec. 17.xx.xxx Decision (2) Appeal Appeal -- Interpretations Decision (2) Appeal Appeal Minor Use Permits Decision (2) Appeal Appeal PD Overlay Zone – Major Amendments to Final Development Plan Recommend Decision Appeal PD Overlay Zone – Minor Amendments to Final Development Plan Decision(2) Appeal Appeal Planned Developments Recommend Decision Appeal Reasonable Accommodations Decision (2) Appeal Appeal SF Overlay Zone – Review Authority in Specific Focus Areas. Recommend Appeal Appeal Temporary Use Permits Article 4, Sec. 17.xx.xxx Decision (2) Appeal --lAppeal Variances Decision(2) Appeal Appeal Attachment 4 Packet Page 54