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