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HomeMy WebLinkAbout10/09/1984M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 9,.1984 -.7 :00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers t Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Vice -Mayor Allen K. Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Anne Russell, Assistant City Attorney; Pamela Voges, City Clerk; Toby Ross, Community Development Director;.Terry Sanville, Principal Planner IA. HILLSIDE PLANNING PROGRAM, .PHASE II (File #467) Council held a public hearing to review General Plan amendments and consider- ation of a resolution approving amendments for areas 2 -9 (continued from 8- 14 -84, 8- 22 -84, 9 -4 -84, 9- 13 -84, 9 -18 -84 and 10- 2 -84). AREA 461 - CAL POLY /CUESTA PARK (Page 10) AREA 462 - ANDREWS STREET (Page 30) AREA 463 - ORCUTT ROAD (Page 37) AREAS 464 & 465 - STONERIDGE & MARGARITA STREET AREA (Pages 53 & 54/65) AREA 466 - IRISH HILLS EXPANSION AREA (Page.77) AREA 467 - BILLY GOAT ACRES (Page 89) AREA 468 - PREFUMO CANYON (Page 103).' AREA 469 - HILL STREET AREA (Page 109 & 111) (See also agenda report for October 9, 1984, File 46467.) Mayor Billig briefly explained how the public hearings would be held stating that the Council would be reviewing and taking public testimony on all areas 1 through 9; however, final action would be deferred on Area 461 until October 16 due to lack of proper legal notification. Area 461 - Cal Poly /Cuesta Park Mayor Billig declared the public hearing open. Don Stimson, 2100 Slack Street and owner of property at the top of Monterey Street, read a prepared statement into the record as follows: "Mayor and Members of the City Council, My name is Don Stimson and my address is 2100 Slack Street. Please allow me first to thank my neighbors within the Monterey Heights and Phillips Addition areas for your support and encour- agement. Thank you all for keeping the dream alive. Thanks for enduring my homebuilding efforts within the neighborhood for City Council Minutes Tuesday, October 9, 1984 - 7:00 p.m.. Page 2 almost twenty three years, now. I've shared with many of you my idealistic plans to create a few homes and gardens, hidden away on our property, and I can understand your'confusion now with this hearing (and the notices, and the newspaper articles, and the gossip). You deserve an explanation!. There are no devlopment proposals before the City concerning this property. The only thing I've asked from the City is to leave me alone! We still plan to build at the proper time. Our land is unique within the Hillside Planning Program since it is already ' zoned for residential use. It is legal to build there right now as long as I play by the rules, but now this City Council wants to change the rules. They want to eliminate forever any oppor- tunity to build a house on our hillside. They have suggested instead that we can only cluster homes on property outside the study area, at the east end of Hays Street (where the horses are). We did not initiate this scheme, do not support it, and that's why I'm here tonight. I am deeply sorry that it has come up. When you see construction activity in the near future at the top. of Buena Vista Avenue it will not be my project. It belongs to another neighbor who is simply more effective than I am. Now I'll direct my comments to the Council. Tonight I stand here alone as a citizen (not a lawyer, not a planner). I firmly believe that municipal government should be people helping people, and that elected officials want to hear from the public. My opposition to your program has-been clearly stated in testi- mony and letters, so there is no need to repeat myself. You have treated me like a second -class citizen and even scolded me as you would a spoiled brat when I suggested that you are condemning our land use rights. The Telegram- Tribune quoted an 1 insensitive Council remark discrediting hillside architecture as "a lot of leggy houses hanging on the side of a cliff." Yet it is still possible that I know what I'm talking about when I suggest that our properties are perfectly suited for a few creative homes. Perhaps you should be listening to the property owners rather than condemning our residential land use simply because you lack the vision to judge without prejudice. The City Council exists in a position of public trust and I certainly respect that. You have asked the voters to allow you to serve the public. Once granted that privilege you make decisions which influence the lives and welfare of many.thousands of decent human beings (including even those who didn't vote for you). If your decisions discriminate against a minority of citizens who have not yet built their homes upon their legal residential properties, then you must take personal responsi- bility for your action (possibly in a court of law). It concerns me deeply that you would even consider supporting any program which takes away something from citizens who have had to work hard to earn the properties involved. Your -views on this subject,.however, are loud and clear.: Your-position on-our property is uniquely unjust in view of our existing residential zoning. I strongly recommend that you refer to my letter of October 4 and modify your proposed changes as outlined in items #1 through #4. If you wish we can discuss this letter after my testimony. Approved minutes of Council hearings often do not convey the substance nor spirit of public concerns. Testimony is-condensed and edited. I therefore offer this accurate copy of my statements to the City Clerk for the Public Records. Thank you for your attention and.for this opportunity to share with you my concerns." City Council Minutes Tuesday, October 9, 1984 - 7:00 p.m. Page 3 T. Keith Gurnee, owner of three lots that front Loomis Street, spoke in support of his previous request.and again urged Council.reconsider these lots be designated residential. He felt that to treat a treeless grassy slope that was geologically stable, was wrong and to leave it as open space would be unfair. He would like an opportunity to be allowed to present a proposal for those lots. He again reiterated that a geological study had been prepared for this area showing that development could easily occur. Linda Johnson, spoke in support'of the Stimson property, again reiterating her previous testimony urging Council-to protect the rights of the hillside property owners. . R. L. Graves stated he was one of the property owners that had not been noticed in Area 411, and although he'was not prepared to.speak this evening, he would urge Council reconsider this area after additional testimony could be made. He urged Council to leave the zoning for this property as is. Area 412 - Andrews Street Rob Strong stated he would be available for any questions. He urged Council support of the Planning Commission recommendation.: Area 413 - Orcutt Road No one spoke for or against the proposed recommendation. Area 414 - Stoneridge No one spoke for or against the proposed recommendation. 1 Area 415 - Margarita Area Terry Simons, speaking on his own behalf, was critical of staff's presentation. He felt that if the Council took the action being proposed.for this property it would be a long -term mistake. , Area 416 - Irish Hills Expansion Area John Gudery, real estate agent, urged that property located at 1160 Irish Hills be included within the urban reserve line. Area 417 - Billy Goat Acres Jack Foster, owner of approximately 200+ acres off of Royal Way, registered his strong opposition to the plan in general. He felt that a few hillside property owners were being penalized by being required to pay the price for the entire community. He would rather the city condemn the property and pay due compensation rather than to take it in what he felt was unethical and immoral. He felt that there must be a better way than the current plan proposed and would urge the Council to look at this again. Area 418 - Prefumo Canvon Rob Strong, spoke on behalf of the estate for Leonard Blaser, reminding the Council that at their last meeting the decision was reached very late in the evening on a 3 -2 vote to support staff recommendation. He reviewed the 6 points brought out in the staff report identifying mitigation measures for each. Area 419 - Hill Street Area No one spoke for or against the proposed recommendation. Mayor Billig then asked for public comment on the Program itself. Pete Evans spoke in support of the hillside program and urged the Council to continue to preserve them. He thought that exceptions may be warranted in some places, but all in all, the environment needed to be protected, and the Council was on the right track. City Council Minutes Tuesday, October 9, 1984 - 7:00 p.m. Page 4 Don Smith urged the Council to protect the city's hillsides. Mayor Billig declared the public hearing.closed. 8:30 p.m. Mayor Billig declared a recess. 8:40 p.m. City Council reconvened, all Councilmembers present. Council then took each area separately reaching consensus as follows (excluding Area #1): ' Area #2 - Andrews Street Council supported the Planning Commission recommendation and text (5 -0). Area #3 - Orcutt Road Council supported the Planning Commission and staff recommendation (5 -0). Area #4 - Stoneridge Councilman Settle urged that Rockview Drive ultimately be intersected with Broad Street at Capi.tolia Way. Mayor Billig agreed with Councilman Settle and suggested this be brought back at the time the Circulation Element is reviewed. Councilman Griffin stated that he would support inclusion of the Stoneslope area. Councilman Dunin agreed.. . On a 3 -2 consensus.Stonesiope was removed. Area #5 - Margarita-Street Area Upon general consensus, Council supported staff's recommendation as shown in this evening's packet on a 4 -1 vote, Councilman Dunin voting no. Area #6 - Irish Hills Expansion Area Council supported staff recommendation as shown in this evening's packet which was the line drawn along the farm road (3 -2). Councilmembers Griffin and Dunin supported the Planning Commission recommendation. Area #7 = Billy Goat Acres Council supported the revised recommendation on a 4 -1 vote, Councilman Dunin voting no. Area #8 - Prefumo Canyon Council supported the modified Planning Commission recommendation in this evening's packet on a 3 -2 consensus, Councilwoman Dovey and Mayor Billig voting no. Area #9 - Hill Street Council tentatively supported the staff recommendation on a 3 -2 vote, Councilmembers Griffin and Dunin -voting no.' Councilman Dunin brought up'area #7 to again review the possibility of allowing development for one house for Jack Foster. After discussion, this area was not included. . On motion 'of Councilwoman Dovey, seconded. by Councilman Griffin, to adopt the resolution amending the Land Use Element of the General Plan to imple- ment the Hillside Planning Program as recommended by staff: After discussion, Councilman Griffin suggested amendments as follows: City Council Minutes Tuesday, October 9,.1984 - 7:00 p.m. Page 5 1) Amend the title of the resolution to, read, "A RESOLUTION OF_THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO FURTHER IMPLEMENT THE HILLSIDE PLANNING PROGRAM." 2) On page 1A -7, Exhibit A, amendments to the Land Use Element text, under hillside areas beyond the urban reserve to read, "It is.an.objective of the City to encourage the preservation of scenic hillside areas beyond the Urban Reserve Line or Capital Development Limit Line." 3) GP 1162 on page 1A -11 regarding Prefumo Canyon area would be deleted as well as GP 1163 Area #9, Hill Street area. After discussion, Councilman Griffin removed his second to the.preceding motion. On motion of Councilwoman Dovey, seconded by Mayor Billig, to adopt the resolution amending the Land..Use.Element of.the General.Plan to implement the-Hillside Planning Program as recommended by staff. Council made further comments and on motion of Councilman Settle, seconded by Councilman Griffin, to amend.the motion to include the revised consensus reached tonight regarding Area #8, Prefumo Canyon, to include the addi- tional 20 acres. Motion passed on a 3 -2 vote, Councilwoman Dovey and Mayor Billig voting no. On motion of Councilman Settle, seconded by Councilman Griffin, to add the amendments suggested by Councilman Griffin. - Motion passed on a 3= 2.,vote, Councilwoman Dovey and Mayor Billig voting no. The main motion of Councilwoman Dovey, seconded by Mayor.Billig, Resolution No. 5487 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted amending the Land Use Element.of the.General Plan to implement the Hillside Planning Program for Areas 2 -8 as amended. Resolution adopted on a 4 -1 vote, Councilman Dunin voting no. Council then reviewed Area #1 -.Cal Poly /Cuesta Park.Area. .. , Mayor Billig reviewed the Council tentative consensus reached for Area #1 at its initial hearing on September-4.. Although Council supported staff's recommendation at that time, due to lack of adequate public notice, this would be opened for public testimony again on October 16. Councilman Griffin stated that he would be uncomfortable.to reach consensus this evening. He would prefer to take public testimony and get a report back on the four -point letter that had been received by Mr. .Stimson. He generally felt that the urban reserve line should include the upper sloped portions that front around Buena Vista. . . With regard to the Miossi area, Councilman Griffin stated he would like staff to come back with a wider range of options if possible. Councilman. Settle agreed that tonight's decision would.only be tentative but he would be willing to accept items 1 and 2 from Mr. Stimson's letter. He still had concerns with points 3 and 4 and would like additional feedback. Upon general consensus this area was set for public hearing on October 16, 1984 (5 -0). 1B. REVIEW OF CITY RECOMMENDATIONS TO LAFCO (File #469) Terry Sanville, Principal Planner, reviewed the Council agenda report. 1 After brief discussion, minor amendments were suggested and on motion of Councilman Griffin, seconded by Councilman Settle, to approve the trans- mittal letter and approve the policy statement as amended and in accordance with Council consensus reached on.the hillside program. Motion carried unanimously (5 -0). 2. AFFORDABLE HOUSING PROJECT POLICY (File #425) Council considered an ordinance establishing policies and procedures for City Council Minutes Tuesday, October 9, 1984 - 7:00 p.m. Page 6 affordable housing incentives as required by State Law (continued from 8/7/84 and 8/21/84). Toby Ross, Community Development Director, briefly reviewed the Council agenda report stating that the recommendation was for Council review of the alternatives, select a preferred approach and, if necessary, direct staff to bring back a draft ordinance that would reflect Council's direction. Mayor Billig asked for public comment. Rich Chubon spoke in support of the ordinance and reviewed various statistics showing that the affordable building problem in the city is higher than most cities in the State. Terry Simons ARC Commissioner, questioned why staff would recommend an ordinance in excess of the State's mandates. He also felt that staff was exempting affordable housing benefits from the growth management regulations which would be playing a key part in the near future. He raised concerns he had of the ordinance regarding environmental issues, undevelopable lots, the 300' limit line and the fact that most projects are rehab. He questioned existing residential units and how the density bonus and low -cost housing applies. Rob Strong stated that he believed in the affordable housing incentive concept but would hope the Council would "take into consideration those comments made by Mr. Chubon and Mr. Simons. Don Smith spoke in support of the ordinance. After brief discussion and upon general consensus, Council directed staff to prepare draft regulations as discussed, circulate draft to the developer/ real estate community and set for future public hearing (5 -0). C 0 M M U N U C A T I 0 N S C -1 Council agreed to cancel the Regular Meeting of November 20, 1984, due to the Thanksgiving holidays. 11:35 p.m. Mayor Billig adjourned the meeting to closed session. 12:00 a.m. City Council reconvened in open session, all Councilmembers present. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 12:00 midnight to Thursday, October 11, 1984, at 3:30 p.m. at the Veteran's Memorial Building for a joint meeting with the Board of Supervisors and the City Council. Paela Voges, City C1 c APPROVED BY COUNCIL: 12/4/84 M I N U T E S CITY OF SAN LUIS - OBISPO CITY COUNCIL COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS ADJOURNED JOINT MEETING THURSDAY, OCTOBER 11, 1984 - 3:30 P.M. SAN LUIS OBISPO VETERAN'S MEMORIAL BUILDING, 801 GRAND AVENUE SAN LUIS OBISPO, CALIFORNIA ROLL CALL Supervisors Present: Bill Coy, Kurt Kupper, Ruth Brackett, Jeff Jorgensen and Chairman Jerry Diefenderfer Absent: None