HomeMy WebLinkAboutR-9937 Denying a General Plan Amendment at 0 Fairview ER/GP/R/ANNX 126-06 (Tract 2773)C
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RESOLUTION NO. 9937 (2007 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
DENYING A GENERAL PLAN AMENDMENT, PREZONING, AND
ANNEXATION FOR PROPERTY LOCATED AT 0 FAIRVIEW
ER/GP/R/ANNX 126 -06 (Tract 2773)
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 April 25, 2005, for the purpose of considering application ER/GP/R/ANNX 126-
06, a request to, annex a 88.96 acre property into the City, amend the General Plan Land Use
Map, and prezone portions of the site R -1 and C /OS; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Main Hall of the County's Veteran's Building, 801 Grand Avenue, San Luis Obispo,
California, on October 23, 2007, for the purpose of considering application ER/GP/R/ANNX
126 -06; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council reviewed and considered the Environmental Initial Study
prepared for the project that concludes that an EIR would be required; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findinss:
1. The proposed development pattern is not consistent with the General Plan Land Use
Element Community Goals since it proposes development within areas designated as
open space, at the urban edge of the community without an adequate transition to areas
outside of the Urban Reserve Line.
2. The proposed adjustment of the development limit line is not consistent with General
Plan Land Use Element Policy 6.2.1 since the project proposes to extend the urban
development line into a sensitive resource area that contains significant wildland fire risk,
significant geological constraints, and is within a significant visual resource area.
3. The proposed development plan is not consistent with Land Use Element policy 6.2.2 and
Conservation and Open Space policy 9.21.1 B.1 since the it will introduce significant
grading and retaining walls on hillside parcels that exceed 20% in slope.
4. The proposed development plan is not consistent with the City's Community Design
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Guidelines since it proposes new parcels on sites that exceed 20% slope and the proposed
building envelopes also exceed 20% in slope.
5. The proposed development plan is not consistent with General Plan Circulation Element
Policies since the street pattern and lack of neighborhood connection increase automobile
dependence and discourage pedestrian and bicycle travel.
6. The proposed development plan is not consistent with General Plan Housing Element
Policy H 7.2.4 -New Development's Relationship to Neighborhoods, since it is not
integrated with the adjacent neighborhood.
7. Road improvements necessary to support the scale and design of development will
introduce potentially significant environmental impacts to the site in terms of aesthetics
and biological resources unless mitigation measures can be adequately incorporated into
the project design.
8. The draft initial study prepared by staff indicates that the project may create significant
unavoidable environmental impacts that would require the preparation of an EIR, and
ultimately would require the City to adopt overriding considerations for the project's
impacts.
SECTION 2. Action.
The Council hereby denies application 126 -06, a request annex a 88.96 acre property into the
City, amend the General Plan Land Use Map, and prezone portions of the site R -1 and C /OS.
On motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on
the following roll call vote:
AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 23`d day of October 2007.
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Resolution No. 9937 (2007 Series)
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ATTEST:
Audrey H per
City Cler
I. 99:Z� IF clomq- 10l0l:9u1
Jon P Lowell
City Attorney
Mayor David F. Romero