Land Use and Housing Committee Meeting - November 6, 2019
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Land Use and Housing Committee Meeting - November 6, 2019
The Land Use and Housing Committee met on November 6, 2019, to consider the 12th update phase two to the land development code and local coastal program, which included 39 items addressing changing land use, increasing housing stock, streamlining review processes, and correcting errors in the code. The committee also approved a consent agenda item and heard public testimony on several issues.
Consent Calendar
- Item 3: 70.47 acres of undeveloped land in the Mission Trails area, part of the Pardee development, was dedicated to the city as open space and parkland in perpetuity. Councilmember Sherman noted it will help complete a missing section of mountain biking trail used by thousands of people monthly. The consent agenda was approved unanimously.
Public Comments & Testimony
- John Brady (Yigby Task Force): Expressed support for zoning changes to allow faith-based properties to develop low- and moderate-income housing. Requested the committee consider reducing parking requirements for assembly spaces from 25 spaces per 1,000 square feet back to the originally proposed 10 spaces per 1,000 square feet to facilitate faster affordable housing development.
- Cindy Jones (South Park resident, former Technical Advisory Committee member): Supported modifications to allow churches to build housing units on their property, emphasizing that newer housing is needed to meet accessibility codes for people with disabilities.
- Thomas Thysen (Coordinator, Yes in God's Backyard): Strongly supported the amendments regarding faith community properties and advocated for the original 10 spaces per 1,000 square feet parking standard. He stated that this is the most cost-effective way to bring housing into communities without requiring city funding.
- Jonathan Doolittle (Senior Pastor, Claremont Lutheran Church): Supported the regulatory changes, describing his congregation's four-year struggle to build a 12-18 unit affordable housing building on their parking lot due to historical review, parking studies, and environmental impact report requirements. He noted that regulatory delays significantly increased costs.
- Sally Jacobis (Cathedral Plaza resident): Supported the amendments, stating that faith-based housing is instrumental for seniors and those needing adequate housing.
- Matt Adams (Building Industry Association): Supported the overall update but raised concerns about item 30 (30% planning requirement for open space in urban infill projects) and the five-foot planting setback requirement, suggesting a size threshold or exceptions for smaller projects.
- Melanie Cohen (Biocom): Supported issue item 5 (descriptions of use categories) to allow accessory amenities in life science developments while preserving industrial zone character.
- Becky Rapp (concerned parent): Opposed item 12 (marijuana regulations), stating that planning groups had not reviewed the code changes and that the path of travel between dispensaries and child-oriented facilities was being manipulated via walls to circumvent the 1,000-foot limit.
- Kathleen Lippett (opposition): Expressed concern about the lack of transparency in the marijuana code changes, alleging that the process was influenced by lobbyists and former city planners now working for the marijuana industry. She argued that the changes were bundled into the code update without proper public or planning group review.
- Anthony Plevva: Registered in favor but did not speak.
Discussion Items
- 12th Update Phase Two: Staff presented 39 items, including:
- Issue 6: Continuing care retirement communities – allowed as limited use in multifamily zones with density requirement removed.
- Issue 7: Development on premises with a utilized development permit – allows additional capacity without amending the permit.
- Issue 12: Marijuana regulations – changes term to cannabis, adds 1,000-foot distance from sensitive receptors for billboard advertising, prohibits secondary window signs advertising cannabis. The path of travel distance requirement was separated for further review at planning commission on December 12.
- Issue 27: Floodplain regulations to meet National Flood Insurance Program criteria.
- Issue 19: Child care centers processed under limited use category.
- Issue 10: Homeless facilities allowed in coastal overlay zone.
- Issue 9: Minimum lot size in RS-1-2 zone in Encanto reduced to 5,000 square feet.
- Parking for Assembly Uses: Staff originally proposed 10 spaces per 1,000 square feet; planning commission directed staff to re-evaluate, and staff proposed 25 spaces per 1,000 square feet. Councilmember Sherman expressed hesitance to change without further analysis, while Councilmember Campbell advocated for returning to 10 spaces to facilitate affordable housing on church properties. Councilmember Ward requested more data on the calculation. The committee did not amend the number.
- City Attorney Comment: The ordinance may be revised before final council action.
Key Outcomes
- The committee voted unanimously to forward the 12th update phase two to the City Council as presented, with the understanding that further analysis on parking requirements for assembly uses and the common open space percentage (item 30) would be provided before council consideration.
- The consent agenda (including the 70.47-acre dedication) was approved unanimously.
- The meeting was adjourned; the next special meeting is scheduled for December 5, 2019, at 12:00 p.m.
Meeting Transcript
Ordinance in our office. So if the committees votes to forward this to council, the ordinance that you see at council may differ from what the in the back of material. Okay. Is it all here we go? And we do have uh committee members. Uh um do any of the committee members want to make a comment on the consent agenda of Council Member Sherman? Go ahead. Yeah, I just wanted to comment on number three. Uh, this seventy point four point seven one acres on developed land that's out in the mission trails area. It was part of the party development a few years back, and will actually help us with this one missing section of mountain biking trail that goes all the way through the military base and does a big loop all the way through mission trails. Thousands of people use that trail every month, and until now it's been going across trespassing and doing those kind of things. So this will be dedicated to the city, kept open space and part of the park for in perpetuity, and it's an extra seventy-four acres of open space. So it's a very good deal and happy to make a motion to move the consent item. Wonderful, thank you. And okay, you have the wonderful. And just for the record, uh, we don't have any public speakers on the consent agenda, and we do have a motion by council member Sherman with the second by council member Campbell. All in favor of the motion, please say aye. Aye. Okay, motion carries unanimously. Uh next, we're gonna hear item number four, the 12th update, phase two to the land development code and local coastal program. And just please state your name and title for the record, and how many minutes will you need for the presentation? Uh good afternoon. Uh Tornai Mazza with the planning department. We'll need about five minutes for the presentation. Wonderful. Thank you very much. And start um ever you'd like to go. I'm a project manager in the planning department, and I'm here to present the 12th update phase two of the land development code and local coastal program. This update addresses changing land use, assists in increasing housing stock, streamlines the review process, and clarifies and correct errors in the code. As you may uh remember, phase one was approved by city council in July of this year of 56 items, and we are back for an additional 39 items. Out of those 39 items, 26 are related to zoning, six items are related to landscape, and seven fall under minor minor corrections. All items are summarized in the report and the matrix within attachment one, as well as the draft language. I'll only be summarizing a few of the items today, but staff is here to address any questions on any of those items. The first one is issue number six, the continuing care retirement communities. Currently in multifamily zones, um, this use requires a conditional use permit. With a growing need for this type of housing, this use would be allowed as a limited use in multifamily zones. We also remove the density requirement of the underlying zone to further incentivize this housing type. Issue seven, development on a premises within with a utilized development permit. This allows existing development capacity where permitted under the base zone without an amendment to the existing development permit. For example, if the site has an expansive parking lot with an existing development permit, they could add additional capacity under the base zone without amending their development permit. Issue item 12 is the marijuana regulations. There are three sub-items under this item. Um the first one is to be consistent citywide and with state law. We are changing the term marijuana to the term cannabis throughout the code. We are also um we currently do not have regulations regulating the advertising of cannabis on billboards. So we are proposing regulations to um have a distance requirement from sensitive receptors of 1,000 feet consistent with state law. And the map that you've been provided has surveyed all the billboards and whether they would be in compliance or not. The last one is to prohibit secondary window signs in cannabis outlets from advertising cannabis. Issue item number 27 updates to our floodplain regulations in order to meet the criteria in the national flood insurance program. This program allows eligibility for federal grants, loans, disaster assistance, mortgage insurance, and federally backed flood insurance.
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