Loading...
HomeMy WebLinkAbout07/26/1977M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 26, 1977 - 7:30 P.M. 990 PALM STREET SAN.LUIS OBISPO, CALIFORNIA Pledge Roll Call PRESENT: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz ABSENT: None City Staff PRESENT: R.D. Miller, . Administrative Officer- Acting City. Clerk; Terry Sanville,.Associate Planner; Glen Matteson, Assistant Planner;.Wayne.Peterson, City Engineer; Pam City Clerk Secretary 1. The City Council held a public hearing on the recommendation of the Planning Commission to rezone various properties in the Laguna Neighborhood of the City of San Luis Obispo in order to have the zoning conform to the recently adopted General Plan.of:.the City and to receive proposals for future changes to the City's General Plan. The City Council, also considered an ordinance which would amend the official zone map of the City to rezone said properties. R.D. Miller, Administrative Officer, read into the record, a memo received from the City Clerk`s Office this date relaying a message from a Mr. Phillip S. Bailey, 1628 Royal Way,.supporting the Laguna Lake Golf Course zoned as a public facility ' which was consistent with the General Plan. The message stated his opposition to any attempt to rezone the property allowing for.developments. Terry Sanville, Associate Planner,.briefly outlined the previous hearings held prior to this public hearing to consider proposed changes to zoning in the Laguna Neighborhood and stated that such an ordinance was before the City Council this evening for a pass to print action. He gave background information on the rezonings as follows: In January of this year the City Council adopted a General Plan Land Use Element. The Plan spelled out growth management policies and.graphically showed how land would be used in the City for the next 20 -30 years. In order to make the General Plan work the Planning Commission started the City -wide rezoning program in April, 1977. The program tried to change the day -to -day land use controls (such as zoning) so that they supported the long -range General Plan. Besides making good "planning sense ", the California law required that the City's zoning regulations and General Plan be consistent with one another. . He explained the 14 different land use categories to show how planned in the future. Each of them were consistent with one "zone districts" described in the City's zoning regulations. properties, the City's zoning map would mote closely.resemble This would prohibit the construction of uses which were allow inconsistent with the General Plan. the City would be or more of the By rezoning some the General Plan. ad by zoning but were He stated that the staff had divided the City into five planning areas. A rezoning plan had been prepared for each. The plan was presented to residents of each area at a "neighborhood meeting" held during the first week of each month. Each neighbor- hood meeting was .followed up two weeks later by a Planning Commission Hearing. The rezoning plan for the Laguna Neighborhood was reviewed by the Planning Commission in April. Representatives of Rockwell Federal Credit Union objected strongly to the proposed_ zoning of their land which included 1) Laguna Lake Golf Course (leased by City); and 2) 215 acres of hillside land southwest of Royal Way in the Irish Hills. The Planning Commission recommended that the golf course be zoned "PF" (public facility) and the Irish Hills zoned A/C 40 (allowing agricultural uses and_one house per 40.acres). City Council Minutes July 26, 1977 Page 3 Vic Montgomery, Priest, Richmond, Wolf & Rossi, representing Rockwell Federal Credit Union, spoke in support of the proposed development of Rockwell regarding Parcel A (215 acres from-Royal Way almost one mile into the Irish Hills). He stated that the development would not create any new streets but would use the existing street cuts, so as not to require any major cuts for the new development. He would like a portion of the property (approximately 119 acres) to be developed by yet to be determined "rural standards ". He requested that the Council.leave the zoning "U" so that another public hearing would not be required to hear a rezoning request should the Council adopt the present recommendation. George Hedley, one of the owners of the Laguna Mobile Estates, appeared before the City Council to object to the proposed rezoning of a portion of their property being proposed for an 88 mobile home park. He stated that they had been before the City (Planning Commission and City Council) for at least 17 months in hopes for gaining approval of this mobile home park and that their E.I.R. was pending now on a continued City Council agenda'item. -He did not feel that the Council should take an action at this time to change the zoning until they had an oppor- tunity to present their final E.I.R. on August 16th to the City Council, leaving the property zoned R -2 -H. Mel Smith, property owner of a portion of Auto Park Way now zoned CH -PD, requested that the Council:rezone the property so that it could be sold to someone else to be.developed as the land was.not suitable for an automobile dealership as presently zoned. Carl Hysen, Hysen - Johnson Ford and property owner of three acres in the rear portion, objected to the continued same zoning for that property. He stated that he had tried unsuccessfully for the last 15 years to do something with . that property and could not. He stated the property was not accessible for an automobile dealership and would like to see it zoned something else so the property could be developed. Claire Gaethe, part owner of the Laguna Lake Company, appealed to the City Council to leave their 5 acre parcel in the "U:' classification until their MIA appraisal was completed.as.to rezone the property now would devaluate it. Mayor Schwartz closed the public hearing and the Council recessed at 8:50 p.m. The meeting reconvened at 9:10 p.m. with all Councilmen present. As suggested by Mayor Schwartz and concurred in by the other Councilmen, each proposed rezoned area was taken under consideration separately and motions made accordingly. ELKS LANE-AND PRADO- ROAD AREA Terry Sanville, Associate Planner, briefly outlined the Planning Commission's and staff's recommendation to rezone this property from "U" (unclassified) to "A /C" (Agricultural /Conservation). He stated the-property south of the Elks Lodge was now "U ". The intent of the General Plan was to show that this was a flood prone area and the original gas station had been flooded in the '69 flood. The Planning Commission felt it should be a scenic area as it abutted the freeway and a flood prone area should not be allowed for development unless the problem could be resolved. He stated the zoning would be consistent with the General Plan. Councilman Gurnee stated he would support the recommendation of the Planning Commission and staff-. He felt the "PVC zoning would still allow for the Elks ' Lodge to expand their facility very simply but the zoning along the freeway w should be reclassified to A /C. He stated the City might risk a la suit but it was his opinion it would not be an unreasonble risk. Further, he wasn't sure if A/C was the proper term to be used for the remainder of the property, but rather a "hazard zone" because of the flood prone, slide areas, etc. and would support the rezoning. Councilman Dunin stated he was riot sympathetic to the Elks Lodge and would support the A/C zoning as recommended by the,Planning Commission. City Council Minutes July 26, 1977 Page 4 Councilman Petterson stated the property.should be zoned "PF" (public facilities). It .should be based on land use, not on ownership. He.questioned whether the City could downzone the 1/3 portion where the gas station was situated and get away with it legally. Jeff Jorgensen felt the proposed zoning to A/C was an appropriate one and.would support the Planning Commission's-recommendation. Mayor Schwartz also felt the A/C was appropriate and if it involved inverse condemnation, then the City must deal with it at that time. On motion of Mayor Schwartz, seconded by Councilman Gurnee, to approve the Planning Commission's recommendation to rezone the vacant property adjacent to the Elk's Club "PF ". Motion carried on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen and Mayor Schwartz NOES: Councilmen Dunin and Petterson ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Dunin, that the other portion of the property along Madonna Road abutting the freeway, to include the 1/3 acre where the gas station was be rezoned A /C. Motion carried, all ayes. LOS OSOS AND MADONNA ROAD - LAGUNA VILLAGE INN SHOPPING CENTER Councilman Petterson left the meeting at 9:40 p.m. Councilman Jorgensen stated he favored a strict interpretation of the General Plan and would support the Planning Commission's recommendation to rezone this property. Councilman Gurnee agreed with Councilman Jorgensen and would also support the rezoning. Councilman Dunin stated he also had no objection with the rezoning. Mayor Schwartz agreed with Councilman Dunin. On motion of Councilman Gurnee, seconded by Councilman Jorgensen to a_pproye,.. the Planning Commission's and staff's recommendation. Motion carried, Councilman Petterson absent. Councilman Petterson returned to his chair at 9:50 p.m. PREFUMO CANYON ROAD - DUVENECK PROPERTY The Planning Commission's recommendation was to rezone one portion as shown on the map A/C 5 and zone the remaining portion R -1 -S. Councilman Gurnee supported the Planning Commission's recommendation of the A/C 5 and R -1 -S areas. Councilman Dunin stated he was opposed to the high acreage involved with the A/C 5 zoning. Councilman Petterson agreed with Councilman Dunin and was opposed to rezone the property from R -1 to A/C 5. Councilman Jorgensen stated he too agreed with the Planning Commission's recommend- ation. City Council Minutes July 26, 1977 Page 5 Mayor Schwartz stated that before he could accept the Planning Commission's recommendation he would want additional staff report regarding the utilities availability, etc. On motion of Councilman Jorgensen, seconded by Councilman Gurnee, to approve the Planning Commission's recommendation. Motion lost on the following roll call vote: AYES: Councilmen Jorgensen and Gurnee NOES: Councilmen Dunin, Petterson and Mayor Schwartz ABSENT: None On motion of Mayor Schwartz, seconded by Councilman Dunin,.to: 1) return.that portion of land designated as A/C back to the Planning Commission for utility service availability; and 2) if the.property is capable of being serviced, the Planning Commission evaluate the possibility of rezoning it A/C 2 or leave it at R -1. After discussion, the motion was amended to read: 1) refer that-portion of land designated as A/C back to the Planning Commission for evaluation of utility availability.and determination of development potential and appropriate zoning; and 2) pending Planning Commission report zone the property R -1 -S; and 3) if residential use is deemed feasible, General Plan should be amended accordingly. Motion carried on the following roll.call vote: AYES: Councilmen Dunin, Jorgensen and Mayor Schwartz NOES: Councilmen Gurnee and Jorgensen ' ABSENT: None PREFUMO TO MADONNA ROAD - LAGUNA LAKE MOBILE HOME PARK. Terry Sanville stated the Planning Commission recommended that a portion of this property be rezoned to R -2 MH.from its present zoning of "U ". He suggested that this proposed rezoning could be continued until the issue of the final EIR on the 88 mobile home park expansion was resolved. Mayor Schwartz stated he would like to see this matter continued until the final EIR was acted on by the City Council. On motion of Councilman Gurnee, seconded by Councilman Jorgensen, to continue the matter until the public hearing had been held on the final EIR for the mobile home expansion. _ Motion carried, all ayes. NOYES PROPERTY - ROYAL WAY Terry Sanville stated that the Planning Commission's recommendation was to rezone .the Noyes..property.from "U" to R -1 -S.. Councilman Petterson stated he agreed with the Planning Commission's recommendation. Councilman Jorgensen also supported the Planning Commission's report. Councilman Gurnee stated he was in favor with low- density resident__ial and would support staff and Planning Commission's recommendation. Councilman Dunin and Mayor Schwartz also favored the staff's report. On motion of Councilman Gurnee, seconded by Councilman Dunin, to rezone the Noyes property R -1 -S (low density residential) from "U ". .Motion carried, all ayes. City Council Minutes July 26, 1977 Page 6 LAGUNA LAKE GOLF COURSE AND DRIVING RANGE Terry Sanville stated that the driving range property was currently owned by the Laguna Lake Mobile Estates. He said the City had a lease with the property owners for the driving range. The Planning Commission and staff had recommended a portion of this area zoned "PF" (Public Facility). He.stated.the City had an option to buy this property but were under no obligation to do so. Mayor Schwartz said the City did set aside some C.I.P. monies to buy the driving range property and appraisals were under way now. He stated he would support the Planning Commission's recommendation to rezone this "PF ". Councilman Gurnee agreed with Mayor Schwartz and would support the purchase of this property. Councilman Jorgensen stated he would also support Planning Commission's recommenda- tion.and would support the purchas6 of the driving range and golf course. On motion of Councilman Jorgensen, seconded by Councilman Gurnee, to approve the recommendation of the Planning Commission to rezone the property "PF ". If the City does not purchase the property or it ceases to be used as a public facility, the City would initiate the rezoning of the property to some other designation. IRISH.HILLS CONCEPTUAL DEVELOPMENT PLAN - ROCKWELL FEDERAL CREDIT UNION Terry Sanville gave a lengthy summary as to the thinking behind the Planning Commission's and staff's recommendation to rezone this property (Parcel A - 215 acres of sloping terrain extending from Royal Way almost one mile into the Irish Hills) A/C 40 which would allow approximately 5.or 6 residential areas. He stated the developer had proposed a plan which would allow for approximately 30 homes. He stated that this property was a fire hazard area as there was poor access for any emergency vehicles to try to get through this area with the extreme grades. Further, the area was subject to high winds. He stated the grade of the existing farm road.4'Trrom 15% to 20% over the entire property (maximum the City allows). Erosion would also be a problem. He stated a pumping system would have to be installed and many trees would be removed. .Further., that the City should not set a precedent for this type of hillside planning. It was for these reasons the staff and Planning Commission recommended A/C 40 to be maintained for the.entire.property� Jeff Jorgensen stated he would support the Planning Commission's recommendation. Councilman Petterson felt the City's potential liability would be too great if the property were zoned anything other than A/C 40 and would therefore support the rezoning. Councilman Gurnee supported the doing away with the "U" classification and supported the recommended action. Councilman Dunin questioned the A/C 40 vs. A/C 5 as he felt some areas of the property could be served with more residences but other areas were not buildable whatsoever. He would, however, support the recommended action. Mayor Schwartz stated he would support the Planning Commission's recommendation but would be open to future plans for homes taken on an individual basis.. Councilman Jorgensen agreed with staff and the Planning Commission as any other zoning would set a bad precedent for the County to follow. On motion of Councilman Gurnee, seconded by Councilman Jorgensen, to accept the Planning Commission's recommendation to rezone the Irish Hills development to A/C 40. Motion carried, all ayes. City Council Minutes July 26, 1977 - Page 7 AUTO PARK WAY AREA Terry Sanville stated that this property was currently zoned CH -PD and both the staff and Planning Commission recommended retaining it as CH -PD. Councilman Petterson was opposed to the recommended action as it was his feeling that this property would not lend itself as a viable auto park; the applicants have tried to sell or develop it unsuccessfully for 13 years_, and it should therefore be. rezoned to allow for some kind of development. Councilman Jorgensen stated he would support the Planning Commission's recommenda- tion. Councilman Gurnee still felt that the idea of concentrating auto dealerships in this area was a good one and would support the retaining of the CH -PD zone. Councilman Dunin stated that the present zoning had been made in error 13 years ago and has continued to remain a wrong zone and could not support staff and Planning Commission's recommendation but would like to see this property zoned so as to allow a development of some other kind. Mayor Schwartz supported the recommended action. On motion of Councilman Gurnee, seconded by Councilman Jorgensen, to retain the CH -PD zoning of the property on Auto Park Way as recommended by the Planning Commission. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Gurnee and Mayor Schwartz NOES: Councilmen Petterson and Dunin ABSENT: None On motion of Councilman Gurnee, seconded by Mayor Schwartz, to accept the remainder of the staff's and Planning Commission's proposals for rezoning. Motion carried, all ayes. On motion of Councilman Gurnee, seconded by Councilman Dunin, the following ordinance was introduced to print with the exception of Duveneck property and undeveloped portion of the Laguna Lake Mobile Home Estates properties: Ordinance No. 712 (1977 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the City (to rezone property in the Laguna Neighborhood). Introduced and passed -to print on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None 2. Wayne Peterson, City Engineer,.submitted an emergency item report to.the City Council on subsidizing Grass Roots II for the use of the Senior Citizen Van operated by Grass Roots II. His report stated that the van provided free transportation within the City five days a week during the day for seniors over 60 years of age. After hours, the van was available to CMC wives, Casa de Vida and Boy Scout troops. On weekends, the van transported visitors to the Mens Colony. They received $25 a month donations from "Friends Outside" for this service. All income for the van came from donations and $25 per month from "Friends Outside ". Insurance had been provided by the E.O.C. or County. He stated that the County had arranged for an insurance policy to cover the 13 vans in the County and were requesting, with the concurrence of the Area Planning Council, that each agency pay for their van's share. This would amount to $500 immediately to bind the policy and approximately $1,100 to be paid later.