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FROM: Derek Johnson, Community Development Director
Prepared By: David Watson, Consulting Planner & Brian Leveille, Associate Planner
SUBJECT: REQUEST TO INITIATE AMENDMENTS TO THE ORCUTT AREA SPECIFIC
PLAN (OASP), INCLUDING ADJUSTMENT OF THE URBAN RESERVE
LINE (URL), REZONING OF APPROXIMATELY 3.6 ACRES OF
CONSERVATION/OPEN SPACE (C/OS) ZONING TO SINGLE-FAMILY
RESIDENTIAL (R-1-SP) ON PORTIONS OF THE NORTH, WEST AND EAST
FLANKS OF RIGHETTI HILL, AND RECONFIGURATION OF
APPROXIMATELY 2.8 ACRES OF R-1, R-3 AND PARK ZONED LAND
WITHIN THE OASP (CITY FILE NO. SPA 95-13).
STAFF RECOMMENDATION
Adopt the draft resolution (Attachment 1), approving the request to initiate amendments to the
Orcutt Area Specific Plan while maintaining existing Conservation Open Space zoning (C-OS) and
maintaining the Urban Reserve Line (URL) in in the current location.
PLANNING COMMISSION RECOMMENDATION
Adopt the draft resolution (Attachment 2), approving the request to initiate amendments to the
Orcutt Area Specific Plan including consideration of adjustment of the Urban Reserve Line (URL)
and rezoning of approximately 3.6 acres of Conservation Open Space zoning (C-OS) to Single
Family Residential (R-1-SP).
SITE DATA
Applicant Travis Fuentes, Dante Anselmo
Ambient Communities
Representative Todd Smith, Cannon
Zoning various per specific plan
General Plan Orcutt Area Specific Plan
Site Area 143.82 acres
Environmental
Status
A Program-Level Final EIR was
certified for the OASP in 2010.
Meeting Date
Item Number
Tank Farm Road
Applicants
Site
March 4, 2014
Righetti
Hill
URL
shown
in green
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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REPORT-IN-BRIEF
The applicant is requesting authorization from the City Council to initiate amendments to the Orcutt
Area Specific Plan (OASP) including the relocation of the Urban Reserve Line (URL) to
accommodate development in areas currently zoned Conservation/Open Space (C-OS) on Righetti
Hill. The Planning Commission reviewed the applicant’s request for Specific Plan Initiation on
January 22, 2014. The Planning Commission recommended Initiation of the requested Specific
Plan Amendments including the adjustment of the URL on Righetti Hill and rezoning of
approximately 3.6 acres of Conservation Open Space Zoning (C/OS) to Single-Family Residential
(R-1-SP) (Attachment 7, Planning Commission Resolution and Minutes). Staff is recommending
that the URL remain in its current location and is recommending that the 3.6 acres of Conservation
and Open Space Zoning (C-OS) outside the URL remain open space, since there are alternative
designs which could be developed which meet objectives of the OASP to meet target residential
densities and to preserve scenic and natural resources.
The applicant is also requesting modifications to the OASP to relocate Medium-High Density
Residential zoning (R-3) to the Southwest corner of the project site and to reconfigure R-1 and Park
zoning. The Planning Commission voted to include these modifications in the SPA initiation
recommended to Council. The applicant is requesting clarification on the applicability of several
regulations and policies to the proposed project including: grading and hillside construction
ordinances, URL setback requirements, and the level of environmental review that would apply to
the project. The evaluation provided in this report provides responses to these requests for
clarifications. As discussed in more detail in the following evaluation, the level of environmental
review will have to be determined when the formal project is evaluated and complete project
information is provided, if the initiation request if authorized by Council.
If authorized by the City Council, a formal application for the proposed Specific Plan Amendments
consistent with the approved initiation will be required. The Specific Plan Amendment proposal
will be evaluated along with the proposed subdivision, design review, and any necessary
environmental review. The Initiation review is not intended to be an exhaustive analysis of the
applicant’s project plans and does not identify all potential City policies or development standards
requirements which could require project revisions. If the Initiation request is authorized by City
Council, a subsequent formal application would be submitted and evaluated based on City Council
direction..
Many of the items included in the applicant’s Initiation narrative - which are less significant in
scope such as adjustments to parkland dedication, pathways in creek setbacks, detention basins,
storm water facilities, and street cross sections - should be evaluated as part of the complete project
submittal which will be evaluated with the subdivision and SPA amendment proposals following
the Specific Plan Amendment Initiation.
This staff report provides an overview of the applicable polices that relate to the proposed zone
changes and urban reserve line adjustment and provides brief responses to the applicant’s requested
clarifications.
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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SPECIFIC PLAN INITIATION
Sections 17.070.010 1 and 17.70.020 2 requires that the City Council approve a resolution of
intention to change any property from one zone to another. Prior to considering a resolution of
intention, the Planning Commission must hold a hearing and provide a written recommendation to
the City Council 3. The Planning Commission held a hearing on January 22, 2014 and a summary of
their action is included in the report. The minutes from the meeting are included as (Attachment 6,
PC Staff Report).
The Righetti Ranch project site comprises just under 144 acres of the overall 231-acre Orcutt Area
Specific Plan (Vicinity Map, Attachment 3). The applicant has submitted an Initiation narrative
(Attachment 4) which requests to modify or seek clarification on the following:
a. Adjust the Urban Reserve Line (URL) along portions of the North (0.6 acres) and West
sides (2.4 acres) of Righetti Hill and a portion of the east flank of Righetti Hill (0.6 acres)
(Figure 1, below).
b. Approximately 2.8 acres of R-3 (Medium-High Density) Zoning currently shown south of
“D” Street is proposed to be moved to the southwest corner of project site, with R-1 Zoning
added below “D” Street. A corresponding replacement of park space north of the new R-3
location is also proposed (Attachment 6).
c. Receive clarification regarding the conformance of the 2010 Final EIR with respect to
adjusting the URL.
d. Receive clarification on when the 50’ setback from the URL is applied, and on grading and
hillside construction ordinances with respect to large subdivisions.
In addition to the project narrative provided by the applicant (Attachment 4), the applicant has
provided project plans which depict the planned subdivision design based on the Initiation request
(plan sheet 2B, Attachment 5). Attachment 6 includes an applicant letter addressed to the Planning
Commission and a slope analysis that was prepared by the applicant team and was presented to the
Planning Commission at the January 22, 2014 hearing.
117.70.010 Scope. An amendment to these regulations which changes any property from one zone to another shall be adopted as set forth in Sections
17.70.020 through 17.70.060. Any other amendment to these regulations may be adopted as other ordinances and amendments to the municipal code
are adopted. (Ord. 941 § 1 (part), 1982: prior code § 9204.7(A))
2 17.70.020 Initiation. An amendment to these regulations may be initiated by: A. A resolution of intention of the city council. (Ord. 1591 § 26, 2013:
Ord. 941 § 1 (part), 1982: prior code § 9204.7(B))
3 SLOMC 17.70.030 Planning commission action.
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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DISCUSSION
Specific Plan Initiation Request
The applicant’s proposal involves several zoning amendments within the Orcutt Area Specific Plan.
Zoning Code section 17.70 et seq. requires Council authorization in order to initiate amendments
involving zone changes. In addition to the Initiation request, the applicant has requested formal
clarification on the applicability of development standards and policies for the proposed
development.
Planning Commission Review and Recommendation
The Planning Commission reviewed this request on January 22, 2014 (Attachment 6, PC Staff
Report). The Commission approved two motions. One motion was to recommend the Council
approve the Initiation request including the applicant requested adjustments to the Urban Reserve
Line and rezoning of 3.6 acres of C/OS to R-1-SP. The motion passed on a 4-3 vote (voting no:
Fowler, Multari, Riggs). The second motion recommended the Council review items of concern to
the Planning Commission including view shed, traffic management, parking standards, school
locations, and alternatives to the development design regarding street layout. The motion passed on
a vote of 4-3 (voting no: Fowler, Multari, Stevenson) (PC Resolution and minutes, Attachment 7). If
authorized by Council, review of these items will be part of the review of the formal application
following the Initiation.
Areas proposed to be rezoned
Figure 1. Areas of proposed rezoning from C-OS to R-1 (URL adjustments).
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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EVALUATION
The stated purpose by the applicant of the proposed rezones is to achieve the unit production
contemplated in the Orcutt Area Specific Plan (OASP). The OASP identified a number of overall
goals which are included in Attachment 10. In the preparation of the OASP, the City of San Luis
Obispo sought to balance out many goals, including resource protection and the development of
additional housing to meet the City’s housing needs. A compendium of OASP open space and
housing policies has been included as Attachment 10.
The build out potential for the OASP was estimated to be 892-979 units. The applicant has indicated
that they were unable to obtain the estimated OASP yield for the property of 288-319 units and
therefore adjustments were needed to produce the projected housing identified in the OASP. The
applicant has indicated that without adjustment of the URL, approximately 26 R-1 lots would be
lost. Based on the current design, a number of the larger R-1 lots on the steeper slopes of Righetti
Hill could not be provided. However, the OASP includes flexibility to meet target R-1 densities4
which could be included in the subdivision design.
It should be noted that protection of the steeper, more visually prominent hillsides of Righetti Hill
where the applicant is proposing URL adjustment, was intended when the Specific Plan was
adopted. Section 1.2 of the OASP states in part:
“When the specific Plan was adopted, the Urban Reserve line was amended to enable the
addition of approximately 30 lots designed to be compatible with the rural residential lots on the
east side of Orcutt Road between Calle Crotala and Hansen Lane. Righetti Hill will be annexed into
the City, but will remain outside of the URL because it is designed in the Specific Plan as Open
Space.”5
This adjustment to the URL was an intentional “trade-off” to allow additional residential lots on the
less visually sensitive portions of the site on the flatter portions of the Righetti property while
preserving prominent open space on the highly visible and steeper slopes of the west flanks of
Righetti Hill. The applicant’s proposal includes utilizing both areas for development.
Without additional revisions to the applicant’s preliminary design, approximately 160 R-1 lots
would be provided compared to the OASP target density range for the property of 181-187 R-1 lots.
The overall plan goals of the Specific Plan are to provide a variety of housing types and costs to
meet the needs of renters and buyers with a variety of income-levels, and to protect and enhance
Righetti Hill, creek/wetland habitats, and visual resources in open space areas. To that extent, the
City Council should weigh the goals and policies of housing production and resource protection as
it considers the proposed Initiation of zone changes. Council should also consider that the
applicant’s subdivision layout does not incorporate many of the OASP’s design concepts and
flexibility provided in development standards to be consistent with the intent of the OASP as an
4 OASP Land Use and Development Standards, Policy 3.2.5: Varied lot sizes, possible with zero-lot lines, are encouraged in the R-1 development area
to gain efficiency, incorporate more affordable units, and avoid repetitious design. The minimum allowed lot size in the R-1 zone will be 4,500 square
feet.
5 OASP 1.2. Plan Goals and Consistency with the General Plan
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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urban neighborhood as reflected by residential standards that allow for small lots, zero-lot line
development and other land efficient methods of residential development.6
The approval of a resolution of Initiation that includes any an adjustment of the URL and Rezoning
of open space to residential does not obligate the City to approve a rezone after a full environmental
and policy analysis has been prepared. The Initiation indicates that the City will study and provide
the appropriate level of information to decision makers in making any final decision. In the course
of analysis, if an EIR is prepared, then alternatives will be analyzed that could generate the same
number of residential units without adjusting the URL and rezoning open space to residential.
Proposed adjustment of Urban Reserve Line (URL) and Rezoning from C/OS to R-1-SP
The applicant is proposing adjustment of the URL to higher elevation on the north and west flanks
of Righetti Hill (Figure 1, above). This would result in about 3.6 acres of land zoned Conservation
Open Space (C-OS) to be rezoned for residential development (R-1-SP). At present, the URL
varies between the 260’ to 320’ contours as noted in the OASP Figures.
The applicant’s project narrative references two policies in the OASP which reference open space
dedication above the 320-foot elevation to the top of the hill 7 (Attachment 4, applicant narrative).
The applicant also notes the 2012 easement recorded for the Righetti hillside that more closely
corresponds to the 320’ contour line.
The 2012 easement was a condition of annexation imposed by the Local Agency Formation
Commission (LAFCO). At the time this condition was imposed by LAFCO, the easement was
generally placed along the 320’ contour and was intended to allow some flexibility in final
placement of the URL, as detailed analysis was undertaken with the Specific Plan.
This more detailed analysis would allow the final placement of the URL to be delineated, taking
into consideration physical constraints of the hill, as well as visual and aesthetic consideration,
public access, wildland fuels management, and cultural/historic resources. The Natural Resources
Manager has indicated that the intent of the OASP was to record the easement above the URL in
some locations to allow for more flexibility for construction and maintenance of access trails, and
work for wildland fuels management. There is no conflict between the location of the recorded
easement and the final placement of the URL which is clearly identified in various graphics and
adopted figures of the OASP including figures 1.3 & 2.4 (land use map & open space and parks
plan).
The detailed mapping and zoning of the OASP took physical constraints into account, including
development restrictions above 30% slopes, geology and soils stability, visual and aesthetic impacts
of development on the hill, public access, biological and cultural resources, and wildland fuels
management. The URL generally follows the 320’ contour with exceptions where the slope
increases as it does most prominently on the southwest side of Righetti Hill. The URL
appropriately dips down to 260’ to avoid development on steep and prominently visible hillside
locations. As discussed above, the adjustment of the URL to allow the additional 30 lots was
specifically intended to protect the visual resources of the west flanks of Righetti Hill.
6 OASP Land Use and Developmetn Standards, 3.1. Density
7 OASP Conservation, Open Space and Recreation Policy 2.2.9 & OASP Section 3.2.3
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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Figure 3, below, describes the current placement of the URL as shown on OASP Figure 1.3.
OASP Figure 1.3 reflects the Land Use Plan for the Specific Plan area, and shows the placement of
the URL on Righetti Hill, with Open Space land use above. This graphic, which is consistent
throughout the OASP, shows the placement of the URL at varying elevations (between 260’ to
320’) on the hillside.
Urban
Reserve Line
at Righetti Hill
(URL)
Figure 3 (Source: Orcutt Area Specific Plan Figure 1.3 – “Specific Plan” Land Use Plan)
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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Figure 4 (Source: Orcutt Area Specific Plan Figure 1.2 – “Existing Site Conditions”)
As noted above, the demarcation of the URL on Righetti Hill was primarily based on the intent of
setting aside slopes above a 30% incline, consistent with city-wide General Plan and
Conservation/Open Space policies. The demarcation of the 30% slope line on OASP Figure 1.2 is
highlighted in Figure 4 for ease of reference.
Demarcation
of 30% slope
boundary at
Righetti Hill
Figure 5 URL and slopes on Righetti Hill (Source: Planning
Department GIS mapping)
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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The current location of urban reserve line is exclusively below the 30% slope line and closely
corresponds with the 20% slope line along the western flanks of Righetti Hill with the exception of
one area at the north end of Righetti Hill which is designated for linear parklands. Conservation and
Open Space Element Policy discourages development on slopes over 20%8, to maintain public
views of significant views and view sheds of prominent natural features such as the city’s greenbelt
and the Morros 9.
The URL was defined on Righetti Hill to reflect an upper limit to development consistent with the
General Plan Policies referenced above. The intent of the Urban Reserve Line is to establish a clear
demarcation and boundary between developable lands and Open Space 10. There is no precedent to
establish an Urban Reserve line with the adoption of a Specific Plan with the intent to later adjust
the boundary to accommodate proposed development. As discussed below, the OASP includes a
significant amount of flexibility which was included in the Specific Plan specifically to achieve
target residential densities while implementing and remaining consistent with General Plan Policies
for open space and view protection.
Reconfiguring R-1, R-3 and Park Lands in the Southwest Corner of the Subject Property
Consistent with the Planning Commission recommendation, staff recommends rezoning the
southwest corner of the property from R-1 to R-3 and reconfiguring the area for park lands. Staff
concurs that there are potential benefits of the relocation and rezoning of land which would warrant
further evaluation in a formal application. Moving the R-3 zoned land would place this higher
density housing closer to park facilities, potential future commercial amenities and the proposed
new location is on flatter ground. The original R-1 location was isolated from the rest of the
residentially zoned land in the project and would be less environmentally and economically feasible
to make circulation and infrastructure connections with the rest of the OASP.
Clarification on Conformance of the 2010 FEIR to the Proposed URL Adjustments
The EIR for the OASP was certified by the City Council with a finding that Aesthetic impacts were
a Class 1, Significant Unavoidable Impact. Under this determination, a Statement of Overriding
Considerations was adopted that essentially acknowledged that the various mitigation measures
imposed under the Specific Plan (such as the URL limitation, special height limits, open space
corridors and alignments, and others) would still not collectively resolve visual impacts to less-than-
significant thresholds.
If the URL is adjusted, it would likely increase the Class 1 impacts beyond those considered by the
Final EIR. The Final EIR did not consider the scope of the applicant’s proposed adjustments to the
URL and other proposed modifications, which also include more significant hillside grading than
was evaluated in the OASP FEIR.
8 General Plan Conservation and Open Space Policy 9.1.1.B.1-4. Avoid visually prominent locations such as ridgelines, and slopes exceeding 20
percent, avoid unnecessary grading, preserve scenic landforms, and avoid stark contrasts with setting.
9 Land Use Element Policy 6.2 Hillside Policies. Protect and preserve scenic hillside areas and natural feature sucha s the volcanic Morros. Steep
slope areas function as landscape backdrops for the Community.
10 Conservation and Open Space Program 8.7.1. Protect open space resources: Maintain the Urban Reserve Line location except where a relatively
small enlargement of the urban area is tied to permanent protection of substantial open land that did not previously have protection.
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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The Planning Commission and staff concur that a determination on the scope of CEQA review will
need to be evaluated at the time a formal application is presented, if this Initiation request is
authorized by Council.
Clarifications Regarding Applicability of Specific Development Standards
Questions were posed by the applicant concerning (1) applicability of C/OS Element standards
calling for 50’ setbacks from an existing URL, (2) Community Design Guideline standards calling
for hillside grading to result in lots containing at least 5,000 sf of naturally occurring slopes of 10%
or less, and (3) Construction and Fire Prevention Regulations discouraging mass re-contouring and
grading.
The 50’ URL setback reference is made to General Plan Open Space policies requiring 50-foot
setbacks from new development to an existing URL. Section 1.2 of the OASP provides guidance on
how to interpret plan goals and consistency with the General Plan. OASP Section 1.2 states in part:
“The policies and standards in the OASP take precedence over more general policies and standards
during review of public and private projects within the Specific Plan Area.” Section 1.2 clarifies
that in circumstances where policies or standards relating to a particular aspect of development have
not been provided in the Specific Plan, the existing policies and standards of the City’s General Plan
and Zoning Ordinance will apply11.
A more targeted and specific analysis was used in establishing standards for the location of the
Righetti Hill URL in the OASP. The OASP was adopted to guide the placement of new
development to minimize, but not eliminate, visual impacts on Righetti Hill. This not only includes
the URL, but land use types, roadway and trail alignments, building height limitations, and various
other restrictive standards that, collectively, act to reduce the impact of development encroaching up
this hillside. Based on the current mapping of the URL and noted development criteria as discussed
in this report, the land use exhibits and conceptual lot patterning shown in the OASP take
precedence over the standard General Plan URL setback requirement of 50 feet as described in
OASP section 1.2.
The applicant requested clarification on the applicability of a Community Design Guideline which
states that new lots must include at least 5,000 square feet of area composed of naturally occurring
slopes of 10% or less 12. This standard comes from the Community Design Guidelines, Chapter 7.2,
Hillside Development, Subdivision Design Section 7.2.A.1.a(2), and is intended for smaller
subdivisions and not larger lot master planned communities such as the Orcutt Area Specific Plan
which specifically included provisions for reduced lot sizes and flexibility in development standards
to allow a variety of housing types along with protection and preservation of features such as
Righetti Hill.
The applicants have also requested clarification on the applicability of grading regulations to the
proposed project. Construction and Fire Prevention Regulations 15.04, “Special Grading
11 OASP 1.2 Plan Goals and Consistency with the General Plan
12 Community Design Guideline 7.2.A.1.a(2)
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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Standards”, that requires finished topography of a development site to remain in substantially its
natural state, discouraging mass re-contouring and grading. Table J101.6 established various
maximum percentages of sites that could be graded based on varying slope categories. The City
Council recently approved an Ordinance amendment to this standard that provides clarification that
strict adherence to this Table J101.6 is not required when a grading plan is approved as a part of a
tentative subdivision map or other development entitlement that is otherwise consistent with
General Plan and hillside development standards. In the case of the proposed development, Table
J101.6 would not be applicable to processing the applicant’s application.
The Planning Commission concurred with these interpretations and have been communicated to the
applicant team.
CONCLUSION
The OASP is designed to meet goals established in the City’s General Plan. The protection and
enhancement of Righetti Hill and visual resources in open space areas are key plan goals of the
OASP 13. Another plan goal of the OASP is to provide a new residential neighborhood to meet the
City’s housing needs. When the OASP was adopted, adjustments were made so that the URL’s final
position would ensure protection of views toward the more prominent steeper slopes of Righetti
Hill. The OASP was designed with flexibility in mind so that these objectives would not be
mutually exclusive 14. Righetti Hill is listed in the General Plan as a particularly important natural
landmark as one of the defining Morros 15, and is visible from much of the southern portion of the
City16. Orcutt Road and Tank Farm Road are designated in the General Plan as having high scenic
value and the Specific Plan is designed to preserve and enhance these scenic resources. As a result,
staff does not recommend studying a change in the URL as requested by the applicant. Resources
would be more effectively allocated developing alternative designs for the neighborhood that meet
the objectives of the OASP and preserve scenic and natural resources.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found
that overall the General Plan was fiscally balanced. Accordingly, when the Orcutt Area Specific
Plan was adopted, it included a Public Facilities Financing component that resulted in a finding of a
neutral fiscal impact.
ALTERNATIVES
1. The Council may elect to modify the scope of possible amendments to the Orcutt Area Specific
Plan as presented by the Planning Commission.
13 OASP 1.2 Plan Goals and Consistency with the General Plan 14 OASP 3.1 & Policy 3.2.5 Density can be calculated with net lot area prior to subdivision, minimum lot sizes reduced,
and zero-lot lines encouraged in R-1 development in order to gain efficiency, incorporate more affordable units and
avoid repetitious design. 15 OASP 1.5 Planning Area Character
16 OASP 2.4 Scenic Resources
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Council Agenda Report – Initiation of OASP Amendments; 3987 Orcutt Road
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2. The Council may choose not to initiate amendments to the OASP at this time.
3. The Council may continue review of the request(s), if more information is needed. Direction
should be given to staff and the applicants.
ATTACHMENTS
Attachment 1: Draft Resolution, Staff recommendation
Attachment 2: Draft Resolution, Planning Commission recommendation
Attachment 3: Vicinity Map
Attachment 4: Initiation narrative, Ambient Communities, October 9, 2013
Attachment 5: Project plans, Initiation submittal, October 4, 2013
Attachment 6: Exhibit, relocation of R-1 & R-3 zoning
Attachment 7: Planning Commission Staff Report, January 22, 2014
Attachment 8: Planning Commission Resolution No. PC-5594-14 and minutes, January 22, 2014
Attachment 9: Applicant’s letter to Planning Commission & slope analysis, January 22, 2014
Attachment 10: OASP Open Space, Scenic Resources & Land Use-Housing Policies
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Full size project plans
Orcutt Area Specific Plan
T:\Council Agenda Reports\2014\2014-03-04\GPA-SPA for Righetti Ranch (Johnson-Leveille)\Council Agenda Report (Righetti Ranch – SPA Initiation).docx
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Attachment 1
RESOLUTION NO. (2014 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AUTHORIZING INITIATION OF SPECIFIC PLAN AMENDMENTS TO
THE ORCUTT AREA SPECIFIC PLAN FOR THE RIGHETTI RANCH
PROJECT (SPA 95-13) MAINTAINING THE EXISTING
CONSERVATION/OPEN SPACE ZONING AND PRESERVING THE
URBAN RESERVE LINE (URL) IN THE CURRENT
ADOPTED LOCATION
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on January 22, 2014, pursuant to a proceeding instituted under application SPA 95-
13, and recommended Council approval of the requested Specific Plan Initiation; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 4,
2014, for the purpose of reviewing the applicant’s proposal; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The request to initiate amendments to the General Plan is consistent with City Regulations
and Council authorization to initiate General Plan Amendments is required since
modifications are proposed to General Plan Land Use designations of the Orcutt Area
Specific Plan and relocation of the City of San Luis Obispo adopted Urban Reserve Line
(URL).
2. On January 22, 2014, the Planning Commission reviewed and recommended action on the
proposed initiation of General Plan Amendments.
3. The requested initiation does not grant land use entitlements and authorize evaluation of the
proposed amendments to the Orcutt Area Specific Plan as part of a formal application.
Section 2. Environmental Review. The proposed request for initiation involves and
initial feedback and direction on the proposed amendments and does not include any final action.
Council action on the proposed initiation is exempt from environmental review per CEQA
Guidelines under the General Rule (Section 15061(b)(3)). If initiation of amendments is
authorized by the City Council, a formal project submittal for consideration of the proposed
amendments including subdivision and associated discretionary entitlements will be subject to
environmental review.
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Resolution No. _______________ (2014 Series) Attachment 1
Page 2
Section 3. Action. The City Council hereby authorizes initiation of the Specific Plan
Amendments allowing formal submittal of requested entitlements for evaluation and further
consideration by Council with the following modification:
1. Plans submitted for formal evaluation shall maintain the existing Conservation/Open
Space Zoning and preserve the Urban Reserve Line (URL) in the current adopted
location.
Upon motion of _______________________, seconded by _______________________,
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this _______________________, 2014.
Mayor Jan Marx
ATTEST:
____________________________
Anthony J. Mejia, CMC
City Clerk
APPROVED AS TO FORM:
_/s/ J.Christine Dietrick_____________________
Christine Dietrick, City Attorney
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Resolution No. _______________ (2014 Series) Attachment 1
Page 3
T:\Council Agenda Reports\2014\2014-03-04\GPA-SPA for Righetti Ranch (Johnson-Leveille)\Attachment 1, Resolution (Staff
Recommendation).docx
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Attachment 2
RESOLUTION NO. (2014 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AUTHORIZING INITIATION OF SPECIFIC PLAN AMENDMENTS TO
THE ORCUTT AREA SPECIFIC PLAN FOR THE RIGHETTI RANCH
PROJECT (SPA 95-13) INCLUDING EVALUATION AND FURTHER
CONSIDERATION OF ADJUSTMENT OF THE URBAN RESERVE LINE
(URL) AND REZONING OF APPROXIMATELY 3.6 ACRES OF
CONSERVATION AND OPEN SPACE ZONING (C-OS) TO
SINGLE-FAMILY RESIDENTIAL (R-1-SP)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on January 22, 2014, pursuant to a proceeding instituted under application SPA 95-
13, and recommended Council approval of the requested Specific Plan Initiation; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 4,
2014, for the purpose of reviewing the applicant’s proposal; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The request to initiate amendments to the General Plan is consistent with City Regulations
and Council authorization to initiate General Plan Amendments is required since
modifications are proposed to General Plan Land Use designations of the Orcutt Area
Specific Plan and relocation of the City of San Luis Obispo adopted Urban Reserve Line
(URL).
2. On January 22, 2014, the Planning Commission reviewed and recommended action on the
proposed initiation of General Plan Amendments.
3. The requested initiation does not grant land use entitlements and authorize evaluation of the
proposed amendments to the Orcutt Area Specific Plan as part of a formal application.
Section 2. Environmental Review. The proposed request for initiation involves initial
feedback and direction on the proposed amendments and does not include any final action or
approval. Council action on the proposed initiation is exempt from environmental review per
CEQA Guidelines under the General Rule (Section 15061(b)(3)). If initiation of amendments is
authorized by the City Council, a formal project submittal for consideration of the proposed
amendments including subdivision and associated discretionary entitlements will be subject to
environmental review.
PH3 - 16
Resolution No. _______________ (2014 Series) Attachment 2
Page 2
Section 3. Action. The City Council hereby authorizes initiation of the Specific Plan
Amendments allowing formal submittal of requested entitlements for evaluation and further
consideration by Council including adjustment of the Urban Reserve Line (URL) and rezoning
of approximately 3.6 acres of Conservation Open Space zoning (C-OS) to Single Family
Residential (R-1-SP).
Upon motion of _______________________, seconded by _______________________,
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this _______________________, 2014.
Mayor Jan Marx
ATTEST:
____________________________
Anthony J. Mejia, CMC
City Clerk
APPROVED AS TO FORM:
_/s/ J.Christine Dietrick_____________________
Christine Dietrick, City Attorney
PH3 - 17
Resolution No. _______________ (2014 Series) Attachment 2
Page 3
T:\Council Agenda Reports\2014\2014-03-04\GPA-SPA for Righetti Ranch (Johnson-Leveille)\Attachment 1, Resolution (Staff
Recommendation).docx
PH3 - 18
C/OS-SP
M
R-2-SP
R-2
R-1-SP
R-3-SP
R-1-SP
R-1-SP
R-1-SP
PF-SP
R-1-SP
R-1-SP
R-1-SP
R-1-SP
R-2-SP
C/OS-40
R-1-SP
R-1-SP
R-1-SP
R-1
R-1-SPPF-SP
R-2-SP
R-1-SP
R-1-SP
R-3-PD
R-2-SP
R-1-PD-SP
R-4-SP
R-2-SP
R-2-SP
R-1-SP
R-3
R-1-SPR-2-SP
C/OS-SP
R-1-SP
PF-SP
R-1-SP
R-1-SP
R-1-SP
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R-2-SP
R-2-SP
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M-S
PF-SP
PF-SP
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R-1R-1
R-1-SP
R-4-SP
C/OS
R-2-SP-PD
R-3-SP
R-4-SP
C/OS-SP
C-C-MUC-C-MU
C/OS-40-SP
C/OS-40-SP
R-2-SP
C/OS-40-SP
R-2-SP
C/OS-SP
R-1
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C/OS-SP
R-2-PD R-2-SP
C/OS-SP
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PF-SP
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O
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VICINITY MAP File No. 95-133987 ORCUTT ¯
Attachment 3
PH3 - 19
Attachment 4
PH3 - 20
Improvements per OASP Area
Righetti % of
OASP
Improvements
Righetti OASP
Land Area 144 acres 231 acres 62.3%
Acres of Development 45 acres 115 acres 39.3%
Unit Allocation by Property 288-313 892-979 31.5 %
Dedicated Parkland & Regional
Detention
14 acres & 5.6
acres
27.8 acres 70%
Dedicated Open Space (includes
Conservation Easements)
72 acres
(73.5 offered by
proposed plan)
79 acres 90.1%
(92.7%)
Offsite Frontage Improvements
(Orcutt & Tank Farm) - - 55%
Shared Sewer & Water
Improvements - - 70%
Attachment 4
PH3 - 21
Attachment 4
PH3 - 22
Attachment 4
PH3 - 23
Attachment 4
PH3 - 24
Attachment 4
PH3 - 25
Attachment 4
PH3 - 26
Attachment 4
PH3 - 27
•
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Attachment 4
PH3 - 28
Attachment 4
PH3 - 29
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PH3 - 30
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Attachment 5 PH3 - 33
Attachment 5 PH3 - 34
Attachment 5 PH3 - 35
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OASP Figure 1.3
Proposed
Adopted OASP: R-1
above park and R-3
south of “D” street.
R-1
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Proposed relocated
R-3 & R-1 zoning
Proposed Relocation of R-3 Zoning & R-1 Zone above park
Attachment 6
PH3 - 45
Attachment 7
PH3 - 46
Attachment 7
PH3 - 47
Attachment 7
PH3 - 48
Attachment 7
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Attachment 7
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Attachment 7
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Attachment 8
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Attachment 8
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Attachment 9
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Attachment 9
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Attachment 10
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Attachment 10
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Attachment 10
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Attachment 10
PH3 - 86
February 20, 2014 FEB 2 0 2014
Attention: Brian Leveille
Re: SPA 95 -13
Community Development Project
Sobdivision on Righetti Hill
Reasons & Concerns against this proposal.
There is a large drought in California & S.L.O. County.
No building should be allowed at this time.
AGENDA
CORRESPONDENCE
gate _°' A l Item# r"
There is a huge traffic problem at the corner of Tank farm Rd. & Brookpine.
The city is proposing another road coming out to this intersection.
There is a bus stop at this intersection which is dangerous because of crossing
Tank farm rd.,at Brookpine.
Islay Point Villas Homeowners Association has asked the City on several
occasions for a signal light, and have been told, there have not been enough
accidents to warrant a signal light.
This hillside needs to remain a open space, as view from accross Tank Farm Rd..
would highly be imposed to now homeowners.
It is not necessary to build on every little hill in our.county.
Islay Point Villas Homeowmers Association
Bonnie Briley, Presi ent
1260 Manzanita 'slay
S.L.O. Ca. 93401
Kremke, Kate
From:
Sent:
To:
Subject:
Anthony J. Mejia I City Clerk
990 F akn Street
San Luis Obispo, CA 93401
tel 180S.781.1102
Mejia, Anthony
Tuesday, March 04, 2014 2:51 PM
Kremke, Kate
FW: Righetti property and disposition of the URL location
From: Marx, Jan
Sent: Tuesday, March 04, 2014 2:51 PM
To: Mejia, Anthony
Cc: Johnson, Derek; Lichtig, Katie
Subject: FW: Righetti property and disposition of the URL location
Agenda correspondence.
From: John Evans [mailto:JohnE(@CannonCorp.us]
Sent: Tuesday, March 04, 2014 2:49 PM
To: Carpenter, Dan; Smith, Kathy; Christianson, Carlyn; Marx, Jan; Ashbaugh, John
Cc: Susan Roberts; Jeanne Helphenstine (onebluejeanne @gmail.com)
Subject: Righetti property and disposition of the URL location
Dear Councilmembers,
MAR 04 2014
AGENDA
CORRESPONDENCE
Date--2---- Item# P H 3
Prior to the City Council meeting tonight I thought it might be helpful to share my recollection of the process that I went
through with Neil Havlik regarding the establishment and recordation of the Hilltop Conservation Easement within the
OASP.
As most of you know, the recordation of the conservation easement was required by LAFCO prior to the annexation of
the Orcutt Area Specific Plan boundaries. Prior to the annexation Jeanne Helphenstine, the property owner, and Susan
Roberts and myself, both from Cannon, meet with Neil Havlik several times to determine where "Phase 1" of the
conservation easement should be located. My recollection from the meetings is that everyone present understood the
need for some flexibility as it related to the ultimate Open Space/ Conservation Easement/ URL as final engineering
design was now yet done. There was also discussion of the allowance of 2:1 slope grading at the back of the upper lots
possibly being within the future and final "Phase 2" conservation easement limits.
I think the clearest attestation that the original "Phase 1" line was not viewed as the final line and that flexibility was
being built into the process so that the final boundary determination could benefit from the final engineering analysis is
that the "Phase 1" easement line was not recorded in the same location as the URL. If there was no forethought to
future flexibility of the URL, then the "Phase 1" conservation easement line would have been recorded in the identical
location as the current URL.
I hope this brings some clarity to this somewhat convoluted issue.
I will be at the council meeting tonight and available for any questions you may have regarding this topic.
Best regards,
John W. Evans, PE, LEED AP
Director, Civil Engineering
Cannon
1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407
F 805.544.3863 C iohne @CannonCorp.us
CannonCorp.us
This lransrnission is confidential and interided.solely for the person or orgonization to whom it is oddreyssed, It may contain privileged and confidential information, if
you are not the intended rerlpient., you should not copy, distribute or take any action in retiunce on it. If you hove received this tronsmission in error, please notify me
immediately by email or coil 805.544.74OZ
0a ��ka �t) j �6�o
Ott,xe4�,
AGENDA
CORRESPONDEN�CIE
Date 3Item# �
h� I
Islay Hill MAN U 4 2014
Islay Hill is the southern-most volcanic cone located near the county airport. The general character of
the area is rural. Islay is a round grassy hill that rises to an elevation of 777 feet. The lack of visible
outcroppings distinguishes Islay Hill from the other peaks. Islay Hill is visible for at least one mile in
all directions, making it an important city landmark and greenbelt. The name "Islay ": is derived from
an Indian word meaning wild cherry. A lieutenant who accompanied Portola in this area in 1769
referred to it as "Yslay" in his journal.
Islay was part of the 31,000 acre Corral de Piedra land grant. The Rodriquez Adobe, constructed in
1858, remains near the base of the hill. Islay Hill has lost much of its character with the addition of a
500 unit subdivision at the base of the mountain. Islay Hill Park which used to have Islay Hill as a
beautiful backdrop will soon be blocked by additional homes between the park and the Islay Hill. This
is a poor example of planning as it was decided not to use the natural creek boundaries between the
development and Islay Hill to protect most of the character of the mountain. Wildlife access to the
creek has been greatly impacted with this decision. The 350 foot elevation limit for development on the
west side was not enough to preserve the wildlife habitat of the area.
"Through the plain arise many sharp peaks or
rocky— buttes — rocky, conical, very steep hills, from a few feet to
two thousand feet, mostly volcanic origin, directly or indirectly.
These buttes are a peculiar feature, their sharp, rugged outlines
standing so clear against the sky, their sides sloping from thirty to
fifty degrees ... A string of these buttes more than twenty in number,
some almost as sharp as a steeple, extend in a line northwest to the
sea, about twenty miles distant, one standing in the sea the Morro
Rock rising like a pyramid from the waters. "
William Brewer,
Professor Yale University, 1861
The Morros provide a unique habitat for many animal and plant species, including the Peregrine
Falcons on Morro Rock. Several plant communities exist along the chain, which, due to its orientation,
has micro climates ranging from sea -spray saturated rocks, through moss draped oak forest to parched
chaparral slopes. There are several rare plants along the chain of hills, which form miniature
woodlands.
Club- -Santa Luci hapter: Nine Sisters of San Luis Obispo County Page 4 of 18
Overview Map of Nine Sisters Volcanic Chain
The Peaks of the Nine Sisters
There are over 21 major and minor peaks in the Morros, but there are nine major peaks, hence the
name The Nine Sisters. The nine major peaks are: Morro Rock, Black Hill, Cabrillo Peak, Hollister
Peak, Cerro Romauldo , Chumash Peak, Bishop Peak, San Luis Mountain, and Islay Hill. The table
below list the major peaks and many of the minor peaks in the Morros Chain.
Morro Peak Name Elevation in Feet
Morro Peak Name
Elevation in
Feet
Morro Rock
576'
Terrace Hill
501
Black Hill
F 665' 1
Orcutt Knob
569
Cerro Cabrillo
911'
Mine Hill(Righetti Hill)
563
FolIister Peak
1404'
'
No Name Hill(near Hollister
Peak)
1,102
'
Cerro Romauldo
1,306'
Turtle Rock(north of Cerro
Cabrillo)
209
Chumash Peak
1,257'
Unnamed Hill(near Chumash
Peak)
810
Bishop Peak
1,559'
Unnamed Hill(south of Islay
Hill) IL
Cerro San Luis (San Luis
Mountain)
1,292'
Islay Hill
775'
- 3,600'
Davidson Seamount
in the Pacific
Ocean
back to table of contents
Significance of the Nine Sisters
The Nine Sisters represent a very rare alignment of hills, formed from the plugs of long- extinct
volcanoes. They are prominent landmarks forming a unique skyline in San Luis Obispo County located
between the cities of San Luis Obispo and Morro Bay.
Although the much - photographed hills are appreciated by the public for their physical beauty, they are
valued by scientists and teachers as outstanding examples of the volcanic process. They have not been
active for 20,000,000 years.
The impression they give to the traveler is well illustrated by this quote from Professor William
Brewer of Yale University, who led a geologic reconnaissance party through the Los Osos Valley in
April 1861, and climbed one of the peaks. He wrote in his diary.
httr -aclub.org /ninesis.html 3/3/2014
Preface
The Morros figure prominently in the life of county residents. From many homes, the tawny slopes of
Bishop Peak or other Morros can be seen.
These mountains are at the very heart of San Luis Obispo county. They give us shelter from the
perennial wind, constant visual contact with nature, "a sense of place" and a daily reminder that we
still live close to the land.
A group of Sierra Club members hiked to the top of Cerro San Luis Obispo (San Luis Mountain). They
watched the lingering sunset followed by the rise of a full moon, and the views out over the valleys
that intersect below, and this showed the reasons why all of us should be concerned for the future of
the Morros. A pall of yellow haze was trapped by a typical spring inversion layer over Price Canyon to
the south, probably generated by diesel and gas emissions from oil wells. Pacific Gas and Electric
Company power lines snaked their way over the Los Osos Valley. And as the lights came on in
neighborhoods below, they illuminated the assault of the growing city against its embracing peaks and
hillsides.
What will it truly mean to try to "save the peaks ?" In the case of the Nine Sisters, we must look for a
unique solution for the peaks are too important a resource to risk a bruising (and ultimately, losing)
battle.
Our ultimate goal is to preserve the character, historic value, and the flora and fauna of this beautiful
chain of peaks. With the cooperation of the property owners, the State of California, and local city and
county government agencies, and the public at large, the Morros can be preserved for future
generations.
On the whole, the Morros can continue to be a fundamental part of a "picture postcard" landscape of
San Luis Obispo County. The existing landowners— many of them third- and fourth- generation
descendants of the original land grantees — are good stewards of the peaks. We should take whatever
time is necessary to work with them to resolve the future of the peaks. But we should not hesitate to
start down the road.
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Kremke, Kate
From:
Sent:
To:
Subject:
Agenda Correspondence.
Anthony J. Mejia I City Clerk
CO ! 101' Sall IBIS <7W SPO
990 Palm .Street
San Luis Obispo, CA 93401
tel 1 805 781.7102
Mejia, Anthony
Tuesday, March 04, 2014 8:08 AM
Kremke, Kate
FW: Maintaining existing URL for Righetti Hill
RECEWFU
MAR 0 4 2014
AGENDA,
CORRESPONDENCE
Date ��fem## F
From: John Harrington [mailto:cinemagig @yahoo.com]
Sent: Monday, March 03, 2014 6:05 PM
To: Ashbaugh, John; Carpenter, Dan; Christianson, Carlyn; Codron, Michael; Dietrick, Christine; Lichtig, Katie; Marx, Jan;
Smith, Kathy; Mejia, Anthony
Subject: Maintaining existing URL for Righetti Hill
Thanks to the staff for the careful work on the proposal for the Righetti development, and especially for the care
in considering changes to the Urban Reserve Line. We strongly support the staff's recommendations (File
Number SPA 95 -13) to maintain the URL in accord with the current long -range planning document.
While the developer might gain a few more higher - profit lots by moving up the slopes, the visuals of the
landmark hill will be forever diminished. In our case, it will directly, dramatically, and negatively affect our
view of the Righetti Hill. The URL is set for a good reasons (e.g. slopes as well as visuals). We ask that the
City Council support the staff recommendations to maintain the current URL.
John and Terry Harrington
1235 Chaparral Circle
San Luis Obispo, CA 93401
RECEIVE)
Goodwin, Heather MAR 0 2014
From: Ricci, Pam SLO CITY Cr,..ERK__J
Sent: Wednesday, March 05, 2014 9:26 AM
To: Kremke, Kate; Goodwin, Heather
Subject: FW: Righetti Hill Project
Hi, I'm not sure about how this should be filed since the hearing has already occurred. I'll leave it with you.
Pamela A. Ricci, AICP
Senior Planner
City of San Luis Obispo Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
(805) 781 -7168
pricci @slocity.org
- - - -- Original Message---- -
From: Eileen Joseph [ mailto :eileenioseph99 @vahoo.com]
Sent: Tuesday, March 04, 2014 9:34 PM
To: Ricci, Pam
Subject: RE: Righetti Hill Project
Yes, thought I suspect it is past the right time now!
Thanks!
Eileen E. Joseph
1207 Manzanita Way
San Luis Obispo, CA 93401
(805) 788 -0387 (Home)
(805) 458 -6473 (Cell)
On Tue, 3/4/14, Ricci, Pam <pricci @slocity.org> wrote:
Subject: RE: Righetti Hill Project
To: "Eileen Joseph" <eileenloseph99 @vahoo.com>
Date: Tuesday, March 4, 2014, 5:53 PM
Hi Eileen,
AGENDA
CORRESPONDENCE
Date ! - N I Item# l ,3
Did you want me to forward your email to the City Clerk to pass on to the City Council for tonight's discussion of the
Urban Reserve Line?
Let me know. Thanks. Pam
Pamela A. Ricci, AICP
Senior Planner
City of San Luis Obispo Community Development Department
1
919 Palm Street
San Luis Obispo, CA 93401
(805) 781 -7168
Pricci @slocity.org
- - - -- Original Message---- -
From: Eileen Joseph [mailto:eileenioseph99 @vahoo.com]
Sent: Tuesday, March 04, 2014 2:41 PM
To: Ricci, Pam
Subject: Righetti Hill Project
Dear Planning Commission Members,
As an Islay Pointe homeowner, I strongly support adherence to the current Urban Reserve Line in the development of
the Rhigetti Ranch Project. Preserving unobstructed views from the Islay Pointe neighborhood is critical to maintaining
property value and neighnorhood desirability. There are no valid reasons to change the URL standard.
Thank you for your consideration.
Sincerely,
Eileen E. Joseph
Eileen E. Joseph
1207 Manzanita Way
San Luis Obispo, CA 93401
(805) 788 -0387 (Home)
(805) 458 -6473 (Cell)
Kremke, Kate
From: Mejia, Anthony
Sent: Wednesday, March 05, 2014 1:30 PM
To: Kremke, Kate
Subject: FW: Failed Testimony at March 4 OASP Hearing
Attachments: Lopes Letter to Council 3- 5- 14_PresentationRecord.pdf
Agenda Correspondence.
Anthony J. Mejia I City Clerk
city of sm) Ims ol�lspo
9()o Palm Street
San Luis Obispo, CA 934D
tel 1805 781,710
RECEIVED
MAR 0 5 2014
AGENDA
CORRESPONDENCE
Date 3 ` l 1 ` Item# PH
From: James Lopes [ mailto :jameslopes(cDcharter.net]
Sent: Wednesday, March 05, 2014 1:28 PM
To: Ashbaugh, John; Carpenter, Dan; Christianson, Carlyn; Codron, Michael; Dietrick, Christine; Lichtig, Katie; Marx, Jan;
Smith, Kathy; Mejia, Anthony; Johnson, Derek
Subject: Failed Testimony at March 4 OASP Hearing
Dear Mayor and Council Members,
I am requesting that the attached record of my testimony be included and considered in the amendment
process, at a minimum as part of the environmental determination.
The comments demonstrated how the Specific Plan can be amended to avoid significant visual impacts on
Orcutt Road, instead of just partially mitigating them.
These comments had no visible response or interest from council members even though the proposals would
accomplish some important benefits for the community.
I am at a loss to understand how my testimony fell on deaf ears at this earliest stage of a legislative
process. Please read the attached letter and let me know if you agree with my suggestion for future hearings, or
how I could provide more effective communication to you. I do want to compliment Derek Johnson for quickly
readying my slide show.
Sincerely,
Jamie Lopes
James Lopes
1336 Sweet Bay Lane
San Luis Obispo, CA 93401
Ph. 805 -781 -8960
1336 Sweetbay Lane
San Luis Obispo, California 93401
March 5, 2014
City Council
990 Palm Street
San Luis Obispo, California 93401
RE: Testimony at Hearing March 4, 2014
Amendments to Orcutt Area Specific Plan and Urban Reserve Line
Dear Mayor and Council Members:
I am requesting that the attached record of my testimony be included and considered in the
amendment process, at a minimum as part of the environmental determination. The comments
demonstrated how the Specific Plan can be amended to avoid significant visual impacts on
Orcutt Road, instead of just partially mitigating them. These comments had no visible response
or interest from council members even though they would accomplish the following:
• Directly eliminate visual impacts which the plan EIR found were significant and
unavoidable in this location, even with mitigation measures (P. 4.1 -6)
• Address the "trade -off' made in the late hours of specific plan preparation, which
included the "E Street" area as a "benefit" to the owner /developer for accepting the
location of the Urban Reserve Line. Staff made the point that, "The applicant's proposal
includes utilizing both areas ( Orcutt Road area plus higher elevations) for development"
(staff report p. PH3 -5)."
• Increase affordable units in the park -side R -3 area to provide extra units besides
accommodating the transfer of units from "E Street," with precisely the attached units
which many local employees can afford.
Although the Council did not give direction to restore the viewshed on Orcutt Road, these
comments should be used to remind staff and consultants that a transfer of density within the
Righetti property is a feasible way to avoid visual impacts on Orcutt Road. At the least, the
environmental determination should examine whether the Specific Plan aesthetic impacts can
be further reduced or avoided and consider a recommendation similar to this proposal.
In the future, I think it would be fair if public hearing comments that are germane and embedded
in details of a proposal have responses from one or more council members just out of courtesy.
Thank you for considering my comments.
Sincerely,
James Lopes
Orcutt Area Specific Plan & URL
San Luis Obispo City Council
James Lopes
March 4, 2014 Presentation
The following presentation was made to encourage the City Council to avoid significant visual
impacts on Orcutt Road, by transferring the number of allowed units along "E Street" to an area
next to the neighborhood park, in the same property ownership.
"I am asking that you not initiate the request to change the Urban Reserve Line. The requested
areas are too steep and too visible.
I am also requesting that your Council have staff prepare a related amendment to come back for
a hearing to initiate, if you can't initiate it tonight. The amendment is needed to preserve views
of the Morros as seen from Orcutt Road.
Southbound views of the Morros
from Orcutt Road are shown here
near Hansen Lane, but views of the
peaks were not protected in the
Specific Plan and EIR.
The EIR for the Specific Plan found
that a subdivision in the foreground
would block or interfere with views
of the peaks along Orcutt Road.
Even with development standards
in the EIR, visual impacts will be
significant and unavoidable if this
area develops.
A subdivision would block or interfere
with views of the peaks
along Orcutt Road.
J
OASP Presentation 1 James Lopes
March 4, 2014
The amendment is in this area in
the Specific Plan Map. It would
remove the area from the Urban
Reserve and designate it
Conservation /Open Space.
A prime area to relocate the 30
units is next to the park. The
Specific Plan should be amended to
a higher R -3 density in this area,
adding to the area requested by the
applicant.
This area would encourage
attached units that could face the
park for more security.
G A
F Remove from
° the Urban
Reserve and
.'_.y designate
Cons /OS.
5
2 A
k
Increase R -1 & R -2
to R -3 for transfer of density from
Orcutt Road
U
X
I -r ---r 1 --+-I .I = --
7
OASP Presentation 2 James Lopes
March 4, 2014
If your Council wishes to initiate the
applicant's request, would you
please also initiate my proposal?
A relocation of the units to the park
area would change the applcant's
proposal there within an additional
area shown in red, to R -3 for
attached units near the park.
I hope you will agree that it's
important to amend the Specific
Plan to keep the ranch along Orcutt
Road for its visual character and for
views of the Peaks."
•"
Keep the ranch along Orcutt Road,
for its visual character
and for views of the peaks.
OASP Presentation 3 James Lopes
March 4, 2014
RECEP
i
MAR 0 4 2014
Goodwin, Heather '
From: Marx, Jan
Sent: Tuesday, March 04, 2014 7:48 AM AGENDA
To: Santa Lucia Chapter of the Sierra Club CORRESPONDENCE
Cc: Mejia, Anthony; Goodwin, Heather
Subject: RE: comment on 3/04 agenda item PH3 Date 3 41i IterYl# 1
Thank you for your message. I am including our city clerk staff in this response so that it is posted on our website and
included in the record as Agenda Correspondence.
Jan Howell Marx
Mayor of San Luis Obispo
(805) 781 -7120 or (805) 541 -2716
From: Santa Lucia Chapter of the Sierra Club [sierraclub8 @gmail.com]
Sent: Monday, March 03, 2014 6:57 PM
To: Marx, Jan; Ashbaugh, John; Smith, Kathy; Carpenter, Dan; Christianson, Carlyn
Subject: comment on 3/04 agenda item PH3
March 3, 2014
SIERRA
Cava
FOUNDED 1892
Santa Lucia Chapter
P.O. Box 15755
San Luis Obispo, CA 93406
(805) 543 -8717
www.santalucia.sierraclub.org
To: San Luis Obispo City Council
Re: 3/4/14 meeting, Item PH3: Request to Initiate Amendments to the Orcutt Area Specific Plan
Dear Council Members,
At your March 2, 2010, meeting, when your Council was reviewing the Environmental Impact Report for the Orcutt Area
Specific Plan, the Sierra Club pointed out the problematic claim in the EIR that the Class I cumulative impact represented
by the proposed conversion of 7.4 acres of ag land outside the Urban Reserve Line would be reduced to a less than
significant level by the inclusion of open space within the URL near Righetti Hill (rEIR 10 -90). We noted that designating
the protection of open space land as mitigation for the loss of prime ag soils did not conform with the provisions of the
California Environmental Quality Act as it would do nothing to mitigate the loss of prime farmland.
We agreed with the County Department of Agriculture's assessment of cumulative impacts, in that even if the City were
to protect "equivalent or better farmland" outside the URL, "such mitigation is only partial and the significant
cumulative impact remains significant and unavoidable."
The City dismissed these objections and approved the proposed conversion of 7.4 acres of prime farmland outside the
URL in exchange for the addition of open space at Righetti Hill.
Four years later, the proposal to develop the open space on Righetti Hill now adds insult to injury. In 2010, the City
risked the eventual loss of all its prime ag soils when it set the precedent of non - equivalent mitigation. The City is now
being asked to set the precedent of an infinitely flexible URL, with attendant impacts on the viewshed and greenbelt,
whenever a developer wants more room to develop.
We urge you not to add the erosion of the city's open space to the loss of prime farmland, and act instead to ensure that
the URL continues to fulfill its function in the manner intended.
Thank you for this opportunity to comment,
Andrew Christie
Chapter Director
Santa Lucia Chapter of the Sierra Club
P.O. Box 15755
San Luis Obispo, CA 93406
805 - 543 -8717