HomeMy WebLinkAbout06/19/2001, C-9 - FINAL PASSAGE OF ORDINANCE NO. 1388 (2001 SERIES), REZONING PROPERTY AT 1795 MCCOLLUM TO R-1 PLANNE council 6
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C I TY OF SAN LU IS O B I S P O
FROM: John Mandeville, Community Development Direct
Prepared By: Michael Codron, Associate Planner
SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1388 (2001 SERIES),
REZONING PROPERTY AT 1795 MCCOLLUM TO R-1 PLANNED
DEVELOPMENT (R-1-PD). CITY FILE#`. PD/TR/ER 189-00
CAO RECOMMENDATION
Grant final passage to Ordinance No. 1388.
DISCUSSION
On June 5, 2001, the City Council voted 3 to 2 (Council members Mulholland and
Schwartz voting no) to introduce Ordinance No. 1388 to print, approving the requested
rezoning., Ordinance No. 1388 is now ready for final passage. The new zoning
designation will become effective 30 days after its final passage.
Final passage of Ordinance No. 1388 (2001 Series) will amend the zoning map to change
the zoning on a one-acre site located between McCollum Street and Fredericks Street near
Grand Avenue (1795 McCollum Street and 1720 Fredericks) from Low Density
Residential to Low Density Residential Planned Development (R-1-PD). City file #:
PD/TR/ER 189-00.
Attached: Ordinance No.1388
Mcodron/council/1795 McCollum(Ord. 1388 Report)
C 9-/
i
ORDINANCE NO. 1389 (2001 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING THE ZONING MAP FROM
LOW-DENSITY RESIDENTIAL (R-1)TO LOW-DENSITY
RESIDENTIAL WITH A PLANNED DEVELOPMENT
OVERLAY ZONE (R-1-PD) FOR PROPERTY LOCATED AT
1795 MCCOLLUM STREET (PD 189-00).
WHEREAS, the Planning Commission conducted a public hearing on April 25, 20011,
and recommended approval of the rezoning (PD 189-00) to change the designation on the City's
zoning map from Low-Density Residential to Low-Density Residential with the Planned
Development overlay zone, for property located at 1795 McCollum Street;and
WHEREAS, the City Council conducted a public hearing on June 5, 2001, and has
considered testimony of the applicant, interested parties, the records of the Planning Commission
hearings and actions, and the evaluation and recommendation of staff-, and
WHEREAS, the City Council finds that the proposed rezoning is consistent with the
General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered and adopted the Negative Declaration of
Environmental Impact with Mitigation Measures as prepared by staff and reviewed by the
Planning Commission.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed rezoning
from Low-Density Residential to Low-Density Residential with the Planned Development
overlay zone, for property located at 1795 McCollum Street, makes the following findings:
1. As conditioned, the features of the proposed project, including the pocket park, private
rear yards, adequate on-site parking, private street (lined with canopy trees and designed
at a human scale), and orientation of porches to the existing neighborhood achieve the
0 9-2
Ordinance No. (2001 Series)
1795 McCollum
Page 2
intent of the City's conventional standards as well as or better than the standards
themselves.
2. A reduced street yard along McCollum Street for porches, and no enclosed living space,
is appropriate because porches will have a positive impact on neighborhood character and
driveways will be located on the private street.
3. A minimum rear yard area of 448 square feet is an appropriate standard for useable
outdoor space in the project because the standard will insure privacy and solar access by
increasing setbacks from existing yard areas in the neighborhood.
4. A requirement that garage space be available for parking is reasonably necessary to insure
that on-street parking impacts are minimized by the project.
SECTION 2. Action. The request to change the City's zoning map designation from
Low-Density Residential to Low-Density Residential with the Planned Development overlay
zone as shown in Exhibit A (PD 189-00) is hereby approved subject to the following conditions:
1. Front yard setbacks on McCollum Street shall be a minimum of 15 feet. No enclosed
living space may be located within 20 feet of McCollum Street.
2. Rear yards shall have a minimum area of 448 feet of useable outdoor space.
3. The Oak tree located adjacent to the property line of proposed lot #6 shall be retained by
methods to be approved by the Architectural Review Commission and City Arborist.
4. The development plan shall include a variety of housing types, to the approval of the
Architectural Review Commission, and based on the direction of the Planning
Commission.
5. Garages shall be available for parking two vehicles at all times. The Conditions,
Covenants and Restrictions (CC&Rs) for the project shall include a requirement that
garage space be available for vehicle parking at all times, and a requirement that only
rooms designated as bedrooms shall be used for sleeping purposes,to the approval of the
Community Development Director and the City Attorney.
6. Architectural Review Commission review shall include an evaluation of interior storage
space within each unit to insure that a reasonable amount of storage is provided to each
unit so that vehicle parking space is not needed for storage.
C 9-3
Ordinance No. (2001 Series)
1795 McCollum
Page 3
7. Proposed Lot #9 shall not be included within the Planned Development zone and shall
not be governed by the rules and regulations of the Homeowner's Association.
8. The maximum height of any retaining wall within the project site shall be two feet. The
maximum combined height of any retaining wall and fence within the project shall be 6
feet, to the approval of the Architectural Review Commission. Section D on the grading,
drainage and utility plan shall be amended to reflect this requirement.
9. The following recommendations of the Air Pollution Control District are conditions of
approval of the development plan, to the approval of the Architectural Review
Commission.
A) Increase attic and wall insulation beyond Title 24 requirements.
B) Use built-in energy efficient appliances.
C) Use double pane windows.
D) Use energy efficient interior and exterior lighting.
E) Use skylights to maximize natural day lighting.
SECTION 3. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the day of , 2001, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of ,
2001, on the following roll call vote:
C q-�
C
Ordinance No. (2001 Series)
1795 McCollum
Page 4
AYES:
NOES`.
ABSENT:
Mayor Allen Settle
ATTEST`.
Lee Price, City Clerk
APPROVED AS TO FORM:
/t/,Atto ey ffr G. Jorgensen
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Pacheco School
Existing R-1;
Proposed R-1-PD
McCOLLUM -�j Mc
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FREDERICKS
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Rezoning Exhibit A
PD 189-00 1795 McCollum 50 0 50 100 150 Feet
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MEL. 4 AGENDA C�
DATE�ITEM#....,o
From: "Gordon L. Balla"<flash@hiflash.com>
To: "Sherry Stendahl° <sstendahl @ slocity.org> ZCOUNCIL DD DIR
Date: 6/19/01 4:45PM CB'CAO ❑ FIN DIR
Subject: Fw: Air Quailty Being Compromised, City Coun 1rkC00R
❑ FIRE CHIEF
NEY O PW DIR
San Luis Obispo City Council, For the meeting of June 19, 2001 RK/ORIG ❑ POUCE CHF
O DEPT HEADS O REC DIR
Dear City Council Members, �- D UTIL DIR
&g:k D HR DIR
Part of the discussion at the June 5th, 01 evening meeting included a talk from me, Gordon Balla, resident
at 1740 Fredericks St, next to and adjoining the 1740& 1749 McCollum St. projects.
I still believe that the decision for a PD in the R-1 is not acceptable in this neighborhood for a lot of
reasons.And there are serious problems going on from the get go at both the properties this e-mail
addresses, as you will read and see by the images included therein.
The concerned neighbors have stated that the density of this project will be such that a lot of students will
end up moving into these 2000+sq ft homes.There will not be enough parking,and the noise and traffic
from this influx of residents and or students in the future will not be a positive for our area.
You and others said that this will not happen and that there will not be a high density of students or noise!
Be it known:
1. On Friday night June 15th the police and fire were called to the Mental Rehabilitation home next to the
project where many police were called, maybe with arms drawn. Late at night.
2. On Saturday night June 16, 01 a large and very loud graduation party was held on the upper end of
McCollum St., ( in the Alta Vista Neighborhood Association area), so loud that we could not go to sleep.
Today, I found that others had the same problem or were awakened by the extremely loud talking and
music by DJ's and the talking not on microphone. The police were called and then it cooled down some.
3. Starting about 11:30 pm some of those parry goers came down Fredericks St. and woke up residents
and demanded if they called the police and said that they got fined! What right do they have to do that
and scare the folks, including the elderly?
4.The paper, and many others,who do not live next to this project, say that there will not be a problem
with students, these are just a few of the examples that go on over here all the time. It happened!
5.Today, I finally received a report that chemical tests of the septic system and stock pile sites were done
by a company that the builder hired to test for the fecal bacteria coliform. The test says that there is
nothing to worry about, yet I was told by Jerry Kenny a few weeks back that I should not go over to the
site,touch the soil, or walk on it as it has a very high concentration of Coliform. A bacteria that is very
hazardous to the health if it gets into water in animals, cattle, dairy cows and is transferable. Then why is
the coliform so high around the contaminated dirt? It would have to be from FECAL matter! Therefore,
FECAL COLIFORM!!!
6. If the test was done, non of us was called to see the samples being taken, nor have I seen any dirt piled
up or dislodged on the 150 ft pile behind my home where test samples were said to have been taken. For
us to believe that the proper testing was accomplished, it would only be right that the residents making the
complaint of this smell and sickness should be invited to view the sample talking, and that it should be
done by the County Health Department who is supposed to be NEUTRAL and concer ed about the health
of the residents, not protecting the builder with all kinds of excuses as to why they c nnot� iet
saying that we had to have the soil and medical test made on our own.
JUN 14 2001
SLO CITY COUNCIL
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7.There are other officials and the County Attorney and EcoSlo say that the County should be doing the
testing and the medical. For accuracy and neutrality. Why are we not getting that service and, but
arguing and excuses?
8. 1 have searched the internet on this subject and Coliform is not the only product to be concerned about,
Strep and other diseases could be lurking there. I talked to a well known doctor about this and it was
suggested that Valley Fever could be gotten also.That a full blood and skin test and x-rays should be
taken of those affected. The health dept.will not act and we should not have to be responsible to pay for
these tests..
9. 1 have been sick, as well as two others since the System has been opened April 19, 2001.
10.At the previous council meeting you were lied to by Hamish Marshall when he said that they did not
know about the septic system on the property, he was told many months ago by a previous owner it was
there.
11. Hamish was asked what the houses would sell for and he replied he did not know!! Wow, not a very
good businessman if he did not know before starting the project.That was not very truthful also.
12.What is going to be done about it???
13. My request is that both the projects be stopped for the health reasons and the 1749 for the wrong
decision of a PD into an R-1, but also for the health reason of this contaminated dirt being stock piled
there for use under the new homes and because some are sick!!!!
Your determined interest in helping the community and especially the concerned and affected neighbors
should be of the utmost importance, not the builders wants and getting of big pockets from the home
sales.
Please read the following information for a better idea of the situation.
Sincerely,
Gordon L. Balla
Resident
-----Original Message-----
From: Gordon L. Balla
To: Hal Hannula
Sent:Tuesday,June 19,2001 2:51 PM
Subject: Fw:Air Ouailty Being Compromised
City of San Luis Obispo Building Dept.
Hal Hannula
San Luis Obispo, CA
Dear Hal,
You should have been on the list of this e-mail and images of a summary of just a little of the past three
months and some new,so you are now copied in with it.
We have talked before about this project and maybe you should read some of the other correspondence
which has gone out concerning it. If you want to see them please let me know.
I would like to have any copies there are of permits issued for the opening of the septic tank and system
on 1740 McCollum, and for the storage of equipment and dirt from the 1740 McCollum St. project to the
1749 McCollum St. proposed project area.
What fines or other contingencies are going to be levied on the developer for non compliance of both
ordinances that should be on the books for this situation, remembering that you told me there were not
any permits granted before the start of the project for either situation mentioned?
At the City Council Meeting where the project was approved by the Mayor's deciding vote the developer
stated that they did not know there was a septic system on that property, but when it was opened and
found it,they called and got one. This is a bald face untruth. They were told about it by Mr. Duclo before
the house was tom down, his family used to own the property years ago.The day it was opened up is
when I called the city about it,then, maybe he got the permit. A little too late to meet the regulations, it
appears! What fine for this, or something?
These images prove that.
By that time the dirt was moved and all hell broke loose for me getting sick and other neighbors.
The moved dirt is still behind my home and smells and I am still having health problems from it.
My hope is that you can do something that fits the (crime) situation if you will!
Please let me know what is going on and answer my inquires, please.
Sincerely,
Gordon Balla
-----Original Message
From: Gordon L. Balla
To: Mark Elliott
Cc: Michael Codron, MCRP ; Don Wright; Ronald Whisenand ;Tim Girvin ; D. Kerry Boyle ; Henry
Salazar; Steve Cames, R.E.H.S. ; Cydney Holcomb, Residents for Quality Neighborhoods ; Steve
VonDohlen ;Jerry Kenny
Sent:Tuesday,June 19, 2001 1:56 PM
Subject:Air Quailty Being Compromised
Gordon L. Balla Photography
International Action Images
1740 Fredericks St./San Luis Obispo/CA 93405
805-544-9266/cell: 805-235-2095
E-mail: Flash@H Flash.com/www.HiFlash.com
Advertising/Commercial/Editorial/News/Pro Sports/Environmental/Stock
a
June 19, 2001
Air Quality Control Board
Mark Elliott
San Luis Obispo, CA
Dear Mark,
Thanks for taking my call this morning about the dust coming from the 1740 McCollum building project.
Since April 19th when the ground was being broken I have contacted authorities about the dust and
nothing has been done about it. Dust again has been blowing from the project since they started earth
moving this week.They were using two tractors. The dust swirls around and always blows down toward
the Fredericks Street neighbors. Some is going over to the Chris Jespersen school also.
Working in my home I have grit in my eyes from this blowing dust getting into my home, and now at 12
noon my throat is choked up and my breathing is compromised as a result.
Remember, I am a professional photographer and my expensive films,computer equipment, and special
scanners are negatively affected by grit.
Not only are these products for me making a living jeopardized by this project and the contractors lack of
caring for anyone but their pockets but, as you know from previous communications that my good health
has been damaged by the digging up of a septic leach field and tank on the 1740 McCollum property. No
permit for this removal!
The developer and owner knew about this before the house was torn down and the old system broken
open letting the bacteria and smell out to the neighborhood. I am still sick since it was open April 19th and
the dirt moved over to 1749 McCollum, right behind my home
again,without a permit to store it on this property. Our SLO County Health Dept. only makes excuses as
to why they cannot test the soil. It is ludicrous the unprofessional attitude which is being displayed. To
date it looks like the health of the public is of no real concern to the health department, it should not be the
responsibility of the neighbors to have expensive medical test or soil tests made, our health department is
responsible. We understand that there is high quantities of coliform in the soil.
I have a doctor who says that Valley Fever and other ailments can come from this episode.
You may have seen some water on the street due to some work there but I have never seen that water
truck spraying the overall area where the work is being done. If they say it has been sprayed it certainly is
not being done on a consistent basis to stop the blowing dust.
I'd like to know what the code is for this subject matter and what consequences there is and will be put in
place for this violation of respect for the law and the public.
Also, please let me know what the determination is after your visit to the site is today.
Your special on-going attention to this matter will be appreciated.
Sincerely,
Gordon L. Balla
Imageologist
Resident
PS. I have many photographs to back up my statements.
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Jun 19 01 09: 32a C"nNEY HOLCOMB erg 3652
GATE kI `09ITEM#�
all RQN
Residents for Quality Neighborhoods
P.O. Box 12604 • San Luis Obispo. CA 93406
UNCIL Z<bo DIP
CAO (2FIN DIP
CAO ❑ FIRE CHIEF
VCORNEY ❑ Pw DIR
LERK/ORI® D POLICE CHF
❑ T EADS C7 PEC DIP
C UTIL DIR
June 19, 2001
C bP DIM
� - Faxed to: 781-7109
Re: Final Adoption of Ordinance of Ordinance No. 1388, Item # C91
Date: 6/19/01
Honorable Mayor and Members of the City Council,
As you know RQN opposed the rezoning of property at 1795 McCollum Street from R-1
to R-1-PD, based on our opinion that the project does not meet the finding required to
approve the zoning change.
We therefore request that you not grant final passage of Ordinance.No. 1388.
Sincerely,
Cydney Holcomb
Chairperson, RQN
RECEIVED
JUN 1 c) 2001
SLO CITY COUNCIL