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HomeMy WebLinkAbout4/4/2023 Item 6a, Cooper Allan Cooper < To:E-mail Council Website Subject:Letter to Council Attachments:04_04_23...lettertocouncil.pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Clerk - Would you kindly submit the letter below to the City Council? This letter pertains to todays Agenda Item # 6a. Please also place this letter in the City's Correspondence File. Thank you! 1 To: San Luis Obispo City Council Re: April 4, 2023 Meeting: Item 6a: Review An Appeal Of A Planning Commission Decision Denying Architectural Review Application Arch-0040-2021, Regarding Development Of Property At 841 Patricia Drive From: Allan Cooper, San Luis Obispo Date: April 4, 2023 Honorable Mayor Stewart and Council Members - Having been a staunch defender back in 2018 of the preservation of the Serrano Bressi wildlife corridor, I would like to offer my perspective on your review of Agenda Item 6a) “Review An Appeal Of A Planning Commission Decision Denying Architectural Review Application Arch-0040-2021, Regarding Development Of The .Property At 841 Patricia Drive.” Never in my 48 years residing in San Luis Obispo have I seen a detached single family house so thoroughly vetted and there is truly very little that I can add to your deliberations. Nevertheless, I would like to emphasize to the City Council that the projects site development can be feasibly accomplished with a redesign of the project. This project does not fall under the Takings Clause which is intended to“prevent the government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.” There was no evidence found in the application that redesign of the project to comply with creek setback requirements would deny the property owner reasonable use of the property, since the amount of developable area outside of required creek setbacks is sufficient to allow for development of a single-family dwelling and ADU without need for an access bridge to be constructed across the creek channel. Nor was it demonstrated that any additional site grading would be necessary in order to incorporate the proposed ADU into the development proposed into other portions of the site, or that any additional grading required to do so would be infeasible. Given that the site contains a developable area on the western portion of the site, outside of any creek setback, that is larger than the typical lot size in the vicinity, and measuring about four times the minimum lot area standard for the R-1 Zone, it could not be found that there were special circumstances applicable to the property that deprived it of development in a manner similar to other property in the vicinity. The Planning Commission correctly found that the required creek setback does not deprive the property of development with a single-family dwelling and associated accessory structures, in the manner enjoyed by properties in the vicinity, and that there is no evidence that special circumstances apply to the site that would deprive the owner the ability to develop the lot in a similar manner as adjacent properties and in the vicinity. Continuous wildlife habitat, including corridors free of human disruption, should be preserved and where necessary, created by interconnecting open spaces, wildlife habitat and corridors. No grading or filling, planting of exotic/non-native or non-riparian plant species, or removal of native vegetation shall occur within a creek or creekside setback area. The riparian habitat on-site supports arroyo willows, coast live oak, and other riparian trees that may provide suitable nesting habitat for migratory birds that may pass through the project site. The arroyo willow thicket is considered a sensitive natural community by the CDFW. The project would require removal of 17 coast live oak saplings and 20 to 30 arroyo willow stems from approximately four trees; therefore, removal of any trees could result in temporary nesting bird habitat loss. Deer and other wildlife (wild turkey, quail) that have become adapted to the urban environment have been seen within the site and vicinity. The abutments and structure of the proposed access bridge exceed 120 square feet in area and extend beyond the top of banks and into the channel, and therefore may not be located within the creek setback without obtaining a discretionary exception. Thank you!