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HomeMy WebLinkAbout10/23/2007, COMM - Oct 16 07 04: 47p Milt.holland & Rssociates 907 348-8550 p. 1 Communications October 16, 2007 Andrew Carter, Council Member 990 Palm Street San Luis Obispo, CA 93401 Dear Councilman Carter, Last Saturday morning I met you on the County-owned property below Sunny Acres. We laughed a bit about how inclement weather is relative—you being from New England and I from Alaska- a cold day here is summertime elsewhere! Today I am writing in regards to the four Johnson Avenue area annexations which will be considered on October 23`d. I have been trying to get my mind around these proposals, but none of them makes good sense to me. Why would the city to vote to annex and rezone these properties when they all have numerous, serious exceptions to the General Plan,the most far reaching being moving the Urban Reserve Line to higher elevation? This is setting a precedent for all hillsides in San Luis Obispo— leaving the door open for others to do the same. Sort of like your kid coming to you saying"Well Johnny-Joe did it, so I should be able to do it too." And I wonder if it is really in the city's best interest to annex these four properties and be responsible for providing public utilities? Does the benefit j ustify the cost to the city, its taxpayers? In the case of the County-owned property, which has three land elements—zoned R-1 within the city and below the URL; zoned Open Space within the city but ABOVE the URL; and proposed Open Space in land outside the city limits- I urge you to uphold the Planning Commission's denial, uphold the currently zoned Open Space designation within the city limit above the URL, and redirect the applicant to submit a proposal for the R-1 zoned parcel that is below the URL and within the city limits. For the other three properties, King, Filiponi/Twissleman, and Brown (Harmony), I encourage you to pursue a development transfer, as defined in the General Plan Land Use Element 2.3.4, to other property in town and use the entire area as open space dedication. Thanks for listening! I'll see you next Tuesday evening. Sincerely yours, Madelyn Mil1h lland V FRECEIVED June 30, 2007 00] RED FILELARK San Luis Obispo City Council - MEETING AGENDA 990 Palm Street DAT1E2qWkMTEM #2C San Luis Obispo, CA 93401 ATTN: City Council Members Subject: GP/R, ANNX and TR/ER 126-06 We are writing this letter in protest against changing the General Plan for the City of San Luis Obispo. Raising the Urban Reserve Line would take this change halfway up the Cuesta Grade. The ramifications from this would be tremendous. As per the attached information, we explained as thoroughly as we could the impact that would be put upon us if this project was approved. There is a provision in the General Plan called Development Credit Transfer(6.2.4) for an open space/development exchange of sorts. This could benefit the applicants and the landowners on our hillsides. Thank you for your attention to this important matter. Sincerely, W LaAVL� Garry Holdgrafer Martha Chivens 1850 Alrita Street 549-9349 Evelyn oldgrafer 1840 Alrita Street 543-3212 f OUNCIL DD DIR iAO FIN DIR CAO IRE CHIEF TTORNEY DPW DIR LERK/ORIG POLICE CHF ❑ D PT HEADS REC DIR UTIL DIR /r HR DIR 5C e,+ City of San Luis Obispo Planning Commission Presentation from 1840 and 1850 driveway extension off Alrita Street on proposed annexation and General Plan amendment by Filipponi and Twisselman (Fairview Estates) �ll 25 April 2007 City of San Luis Obispo Community Development 919 Palm Street San Luis Obispo, CA 93401 ATTN: Phil Dunsmore City Planner Subject: GP/R, ANNX and TR/ER 126-06 Philo Filipponi and Twisselman in 1978 applied to San Luis Obispo County for a permit to grade an 875 foot road. Board of Supervisors turned down this grading permit. City Planning Director Henry Engen said this could be "like letting the genie out of the bottle" in starting a development San Luis Obispo doesn't want. New application in April 2007, changing the Urban Reserve Line from 460 feet to 750 feet would definitely let the genie out of that bottle. Vesting tentative tract 2773 easement between 1840 and 1850 Alrita Streets submitted by Filipponi and Twisselman shows an easement of 40 feet (private road and public utilities easement). There is only a 26 foot deeded easement. We developed a DRIVE WAY to our homes. Our drive way has been built on the easement by us with the drive way ending approximately 40 feet from the start of the Filipponi and Twisselman property line. That 40 feet still belongs to us. The drive way has a 20% or more slope and also includes a 12 foot wide bridge. This drive way has been built and maintained by 1840 and 1850 Alita St. over 30 years with a cost of over$60,000.00. A Road Agreement for maintenance which includes Filipponi and Twisselman is recorded. As of this date April 24, 2007 they have paid=0=. Now Filipponi and Twisselman want to burden our drive way with utilities and a public road which would be 40 feet wide adding an additional 14 feet on our 26 foot easement, plus building 10 foot retaining walls approximately 90 feet down the easement from their property line. This will put the retaining walls in front of what little parking area we have and closing off the use of our garage and closes the entrance to 1850's parking area completely. The easement says for ingress and egress and for water pipes from my well for incidental purposes. Incidental purposes does not mean a public road, sewer lines or city water pipes. We feel this project is completely out of line making lots available in an area that is already total OPEN SPACE by allowing retaining walls, etc to be built and giving someone the right to install sewer and water lines on our property which we own in FEE without permission from We the landowners. I have been in the Real Estate business in San Luis Obispo 42 years this August. I have been involved in subdivisions, building warehouses, commercial and rental property including being a partner of John King at one time. In my 42 years in the Real Estate business I have never seen a more unacceptable project than these that are being presented by King, Filipponi and Twisselman. Fires, numerous floods, mountain lions killed, coyotes, rattlesnakes, foxes and deer by the dozens. This is something to consider when OPEN SPACE is disturbed. County progress: Why is the County of San Luis Obispo in the develo ment business? Garry HoldSrafer MarthdChivens Evelyn ldgrafer - -- - --- - -----------..... .... Driveway y cut wide s watt A driveway proposed for a its• even a well-designed road Harrow, said he origt oy house-planned-un whi71 out- Engen said city officials would invite long-term planned to recommend that side of San Luis Obispo could are deeply worried about the problems if it opened the the county find the project be"h&e lig the genie out proposed drive, because it way to further development. would not harm the en- of the bottle" in starting.a would connect to a planned Engen said the county and vironment if the road were kind of development' san . road through the Greentree the city should work with built properly. But he said Luis Obispodoesn'twant. Tract, an old subdivision landowners to encourage Friday that he isn't sure City Planning Director which esists on paper but -clustering of homes on flat- what to recommend in light Henry Engen used those remains undeveloped. ter sites close to the city of the city's position. words Friday to describe the Engen said all of the lots in limits. The city might agree possible impact of a grading the subdivision could be to extend utility lines in project county supervisors developed if Filipponi's return for a promise not to will review Monday at 2:15 project is allowed. He said develop the hill,he said. a.m. at the supervisors' much development in the chamber in the courthouse hills would be contrary to the Engen admitted that annex. city's general plan and to the Measure G, the city Herb Filipponi of San Luis county's proposed Land Use initiative which requires a Obispo has applied for a per- Element and Development public vote on all proposed mit to grade a 875-foot road Code. annexations, might hamper to a house site east of Ahzta Engen said it might be the city's efforts to work out Street,near San Luis Obispo possible to design the road so such a deal. General Hospital. Fiiip- that it didn't create undue County Environmental poni's land is outside city safety problems.But he said Coordinator David R. a , WNII ' exp �. '`� !'.:< r � yH•. 1'a'`�?= ` '',!` Meeh ,Ai ' .1< r Ia'kJ 1 ,`•r /M\, In 1 A�• ; `1a �rl '1 ` ',•. - - .... �� Jia I ►4 � �� f. S r� r, i y�atij .� r ..p' `"'„••F law tip 7 I A®�'' C/A115 .�'C.' 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Holdgrafer VIIILLIAM E. ZIMARIK Mr. and Mrs. Roy D. Newell COUNTY RECORDER c/o Howard S. Franklin TIME 8 0 Q A 1305 Marsh Street San Luis Obispo, California 93401 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $.......U...65„.......................... .. .XXComputed ontheconsideration or value of property conveyed;OR ......Computed on the consideration or valueless liens or encumbrances Address as above rerp��wingattimeofL-ftsa!�� �/��► €SCOW Firm JR— For: of Declarant or Agent determmmg x—Firm a For: First American Title Insurance. Com an Unincorporated GRANT D E E D FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LUCIUS CALVIN MARTIN and LOURETHA MARTIN, husband and wife hereby GRANT(S) toGARRY N. HOLDGRAFER and EVELYN L. HOLDGRAFER, husband and wife as Joint Tenants as to an undivided one-half interest and ROY D. NEWELL and WILMA R. NEWELL, husband and wife as Joint Tenants as to an undivided one-half interest the real property in the RotDCX)fX unincorporated area of the- - - - - - - - - - - - - - - - - - - County of San Luis Obispo, - - - - - - - - - - - - - - - - - - - - - State of California, described as Parcel 2 of Parcel Map No. COAL 74-352 in the County of San Luis Obispo, State of California, recorded August 13, 1975 in Book 17, Page 115 of-Parcel- Maps in the office of the County Recorder of-said County. SUBJECT TO: an easement- for A-tigress and- egress-, water l i nes, pumps and incidental purposes as granted to Herbert W. Filipponi and Diane Filipponi , husband and wife and Kenneth C. Twisselman and Rosemary Twisselman, husband and wife and Darrell L. Twisselman and Nola C. Twisselman, husband and wife by Deed dated June 14, 1975. 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AV'1t E� '1y�i� �� r. .�ws��, �k 4 "/` R i r�,�4[ �. 4 •-4.' - I �t kt• �s 'a •_ �FJByC��.yt�Af +.+', r°L� ,3 r . r }�-;:'��t�� /�!\s a If f (,`� � Iw>, 33 !1. d >•� p�T .�ililay._ i � \4)�•� 'F3-!,y���' Tiny+ ✓Y*y.n4 ryKl• _ �d..n r i µ� �a N' �:l\('N��'Jt 4 :,�.d., � .�?(".:.�:'+'arl 'Y ,err - .L ..,.-•.,. �^ �-- i '�. •Y Y 1 _ W MFS M I �^_.� •• � JLV auii�iu�.a��.r�.iv�,ua.u� ra�c 1 vl � �1 Dunsmore, Phil From: Settle, Allen Sent: Tuesday, October 09, 2007 2:33 PM RECEIVED I To: Dunsmore, Phil OCT 12 7C4I Subject: FW: SLO Hillside Development SLO CITY CLERK .-' From: Jim Lewellen [mailto:jclewellen@sbcglobal.net] Sent: Thu 10/4/2007 1:58 PM To: romero@slocity.org; Settle, Allen; Carter, Andrew; Mulholland, Christine; Brown, Paul Subject: SLO Hillside Development Hello City Council Members, My wife and I drove into San Luis Obispo almost by accident two years ago.We had spent the previous day in Paso Robles,checking it out as a possible place in which to retire.We decided that as long as we were in the area we might as well drive on down to San Luis Obispo. It was love at first sight.Two things seduced us:the beautiful downtown area and.the hills.Everywhere we looked there were hills and mountains.When we asked why there were no houses on them,we were told that it just wasn't allowed.We realized that this was a very special place—especially after we learned about the mild weather,the super-friendly residents:and all the good restaurants— and decided that this is where we wanted to live. We sold our house and purchased one here in SLO just below the urban reserve line.We love our new home and we especially love our view of the mountains.Looking to the south we have a bird's eye view of Islay Peak,Mine Hill and the mountains between SLO and the Coast, all virtually development free. And to the north,directly across the:street,we:get a worm's eye view of the Santa Lucia Mountains.I have attached a foggy-morning photo taken in the spring of this year. This is what we see from our front porch looking across Harmony Way. You can easily understand why we were horrified to learn that there was a move afoot to put a bunch of houses on,small lots right across the street(and a whole lot of other places above the urban reserve line).Not only would we lose our front-porch view,we'd lose property value and the peace and quiet we'd hope to spend our retirement years enjoying.But when we attended the planning commission meeting in April,and witnessed the huge neighborhood turnout and the subsequent thumbs-down issued by the Commission,our earlier conviction that this was a"special place" was reaffirmed.It left little doubt in our minds that the folks in SLO were very serious about preserving the unique beauty of their surrounding hillsides(unlike,I might add,what the residents and city officials have.allowed in virtually all of our neighboring towns). Now,as I understand it,the buck has been passed to the City Council. I realize that it's presumptuous of me,but I remind you anyway,that very few cities in the world—especially those with the many advantages of San Luis Obispo—enjoy an almost 360 degree view of undeveloped hills and mountains.For that reason alone,this truly is a very special place.But it doesn't take a rocket scientist to 10/9/2007 �i.v ruiis�uc Lcvci�Yiiiciu rage � or � predict that once development.starts creeping up the hillsides,it will just keep creeping and creeping until the hills are covered with roads,houses,water tanks and God knows what. Please don't set this very dangerous precedent you are being asked to consider.Please, please save our hillsides and put this ill-conceived proposal out of its misery at your October 23rd meeting. I know you folks are busy,thanks for taking time out to read this. We look forward to seeing you in action on the 23rd. Sincerely, Jim and Carol Lewellen 1710 Southwood Drive 805-541-4558 jclewellen@sbcglobal.net Please note that although our address is on Southwood Drive,our lot extends from Southwood to Harmony Way and the house is actually on Harmony Way. 10/9/2007 vuvuci cJiu r�gc�iva ra�c 1 u1 1 Dunsmore, Phil From: Settle, Allen Sent: Tuesday, October 09, 2007 2:35 PM RECEIVED To: Dunsmore, Phil OCT 12 2007 Subject: FW: October 23rd Agenda SLO CITY CLERK From: V-L Holland [mailio;vholland@calpoly.edu] Sent: Sun 10/7/2007 6:21 PM To: mromero@slocity.org; cmujlholland@slocity.org; Carter, Andrew; Brown, Paul; Settle, Allen Subject: October 23rd Agenda To All San Luis Obispo City Council Members: I am writing to ask you in earnest to deny the proposed hillside developments behind General Hospital,the King Ventures Project,the Filipponi/Twissleman Project,and the Harmony Project. Much research has taken place by the City Planning Staff and the City Planning Commission as well as citizens of the City who are vehemently opposed to this project for many concrete and viable reasons. All have recommended denying these projects because they do not follow any of the development rules approved by the City Council as part of the General Plan for the City. The impact of losing hillsides whose beauty reaches across the City and County for all to enjoy would be a loss for us all. We have reasons to be very concerned. These reasons include the many of us who have suffered flood damage as well as fire damage. The Las Pilitas Fire and the Highway 41 Fire had many neighborhoods on stand-by evacuation not to mention those families who were evacuated. We have had water,mud,and debris sliding into our yards and creeks,which resulted in many of our homes being flooded with mud and water. These events resulted in termite damage and wood rot in our homes costing us thousands of dollars. In addition,our tax money has gone to paying city staff to clean the creeks of the sediment and debris. The hillsides are extremely steep. One only needs to stand near the areas of proposed development to see how incredibly dangerous it would be to build above the current URL(460 feet),not to mention the precedent that this would set for future development on our incredible, scenic hillsides throughout the city. Many tourists come to our city to enjoy the scenic open space areas on the surrounding hillsides. The planning that is taking place at this point has already cost the citizens of this City an unnecessary tax burden and workload on the City staff. These projects require moving the URL well above 600 feet, and they do not follow the rules established in the General Plan or the hillside building constraints approved by the City Council . I encourage all of you to deny proceeding to an EIR,which will cost the City even more money. We are wondering why these projects have been allowed to go this far in the planning process. Thank you, Janie Holland 10/9/2007 • ra�ciuii Dunsmore, Phil From: Settle, Allen Sent: Tuesday, October 09,2007 2:37 PM RECEIVED To: bunsmore, Phil OCT 12 79 1 Subject: FW: Projects derailing City General Plan Sip CITY CLERK From: Susan Shalit [mailto:sshalit@earthlink.net] Sent: Tue 10/9/2007 11:14 AM To: mromero@slocity.org; dmujholland@slocity.org; Carter, Andrew; Brown, Paul; Settle, Allen Subject: Projects derailing City General Plan To the Mayor and City Council: I am new to this community. I live on upper Southwood Drive. It is the rural lifestyle, healthy parameters to development, and desire to escape rampant greed that overshadowed community welfare, that brought me to this community and this neighborhood. I am writing not only as a resident and property owner in San Luis Obispo, but as a caring person who has seen how the interests, funding and greed of developers not only destroyed the essence of communities, but caused damage to homeowners and the city coffers when flooding, water issues, etc., followed the actions of development on hillsides. Please, please support the Planning Commission vote and deny any further EIRs to be conducted regarding hillside development now on the October 23rd scheduled meeting. I was proud of the outcome to the "Chinatown" project where it appears that a compromise is the outcome allowing for profit without the greed that would destroy the environment: Development is possible with restraint when money hasn't bought the decision makers. Thank you for your time and your consideration to this matter of utmost importance to the future of our special town. Yours truly, Susan Shalit 1759 Southwood Drive SLO 93401 10/9/2007 rage i or i Dunsmore, Phil From: Settle, Allen Sent: Tuesday, October 09, 2007 2:37 PM To: Dunsmore, Phil RECEIVED Subject: FW: October 23 meeting OCT 12 2007 SLO CITY CLERK From: Linda Schultze [mailto:Linda@eagleenergyinc.com] Sent: Mon 10/8/2007 4:47 PM To: mromero@slocity.org; cmujholland@slocity.org; acarter@slocf!ty.org; pbrown@solcity.org; Settle, Allen Subject: October 23 meeting To all City Council Members: I am writing as a resident and property owner in San Luis Obispo. My home is located on upper Alrita St. and I am asking that you all please support the URL,the rules established in the General Plan and the constraints on record for hillside building and development. I was present at the meeting of the City Planning Commission when the City Planning staff opposed the 4 projects being proposed—property behind General Hospital, Filipponi/Twissleman, King Ventures, and Harmony Way. The meeting gave all parties—residents and developer representatives--ample time to express their opinions and submit their data. In the end the Planning Commission voted all 4 projects down. The area above my home in particular did not pass any of the requirements on record. I would again extend an invitation to all of you to come up to our location and see the steepness and the terrain for yourselves before the meeting date. Perhaps selfishly, I fear additional flooding and slides in the Goldtree area if an emergency access road and water line is cut into this steep area to support two of the other projects. It would require a massive visible retaining wall as was documented at the Planning Commission meeting. However, unselfishly I truly believe that if the existing regulations are discarded the impact on the entire San Luis Obispo area will be devastating. Once exceptions of this nature are made there is no turning back. Development will continue to creep up all the hillsides surrounding us. The matter of gaining a continuous"greenbelt"of property around the entire city to stop development seem to be the reason why some City representatives felt allowing this development to take place would be a good trade with the property owners for all the steep property above them. I would ask you to look at the current restrictions and hold to them which would also keep these areas undeveloped without making these concessions. Please support the Planning Commission vote on these matters by denying any further EIRs to be conducted regarding them. The ones on record are extensive, have been expensive;and certainly speak to the issues. A year and a half ago when the Goldtree areas was taken into the Sphere of Influence,we residents were told it was to our benefit because it would give us additional protection from development and erosion. Barely a year later these projects were introduced and an EIR had been done! I would feel more trusting of the intentions of the City and the SOI if you all backed up that claim of'additional protection rather than allow this hillside development to progress. It is very difficult to understand why time and money is continuing to be spent on these projects when they clearly do not fit into the General Plan and building restrictions. Thank you for yourtime and I look forward to seeing you at the October 23 meeting. Linda M. Schultze 1808 Alrita St. San Luis Obispo, CA 93401 10/9/2007 iievempment aoove rtord Street rdgu i Ur i Dunsmore, Phil From: Settle,Allen Sent: Thursday, October 11, 2007 10:5.2 AM �� to: Dunsmore, Phil ERECEN:/EDSubject: FW: Development above Flora Streetn RK From: Pat McKeague [mailto:pat@mckeague.com] Sent: Wed 10/10/2007 4:26 PM To: Romero, Dave; Carter, Andrew; Settle, Allen; Brown, Paul; Mulholland, Christine Cc: Pat McKeague Subject: Development above Flora Street Dear San Luis Obispo City Council Members, I am writing to you about the proposed developments on the hillsides above Flora Street.The findings of the Planning Commission were very clear;they recommended against each and every one of the proposals. But the developer's representative is very persistent. Don't let them use the concerns raised by the community at the Planning Commission meeting to say"We have listened to out neighbors and taken their concerns to heart;"andthenask to proceed further. Their original plans included homes for which sewage would be pumped uphill to get to the sewer line. How does this sound? "We listened to the community and we want to compromise;we are no longer asking to pump sewage uphill. In return,we would like you to compromise and at least allow us to go forward with an Environmental Impact Report." Say no to this process,and uphold the findings of the Planning Commission. Don't consider any revised plans. If you allow this process to proceed,it opens the door for any developer who wants to build on a hillside. You are telling them that persistence is more important than findings. Pat McKeague 1695 El Cerrito Court San Luis Obispo,CA 93401 (805)541-1362 10/11/2007 Dunsmore, Phil From: Settle, Allen Sent: Thursday, October 11,2007 10:54 AM To: Dunsmore, Phil RECEIVED Subject: FW: annexation OCT 12 7007 SLO CITY CLERK From: Sue Spevack [mailto:spevack_@hotmail.com] Sent: Thu 10/11/2007 9:12 AM To: Settle, Allen Subject:annexation :tober 11, 2007 .Ilen Settle, Vice Mayor . Settle, m writing regarding the proposed annexation of land near the in eastern San Luis Obispo. My parents ere both born in this county, I've lived in San Luis most of my live. I live on Johnson Ave., between ishop Medical Plaza and Sydney St. First, let me say that I personally don't oppose high density or low come housing, or services for the homeless. My husband and I own a business about two blocks from e homeless shelter on Orcutt Rd. and have never experienced problems from the clients there. I strongly pose these projects for other reasons. [y main purpose in writing this letter is to urge you to uphold the recommendation by the Planning ommission to deny the projects and to comment oil a few remarks made by Carol Florence of Oasis and ssoc. at the Board of Supervisors Meeting on Sept. 25. Most vexing was her tendency to answer zestions with statements like, "we can't know that without and EIR". There have been geologic studies id EIRs for previous projects that failed, and extensive review of the properties for these projects that fer ample evidence that "reveal significant problems" in the words of the staff report. During the .anning Commission meeting, we all heard a representative for the applicants state that they "led to ;lieve"that the projects were going be approved because staff were working with them,requesting irther information, answering questions. The implication was that time and money was spent already, it ould be unfair to stop them at this point. Letting them go forward with an EIR would be a further waste 'money and give further ammunition, if you will. Iso, the sphere of influence issue:Ms. Florence said something like, the city included this property in eir sphere of influence so clearly they intended for something to be done with it. Those of you who ayed until the end.of the Planning Commission meeting heard just the opposite of that sentiment. When io residents and Jon Ewan said they were afraid that property owners would take"Sphere of Influence" ; a green light for development, each commissioner said that was not the intent,that it meant simply that e city would have influence over a given parcel, period. That influence may mean the choice never to :velop it. I urge you to use you influence, listen to you constituents. Changing the Urban Reserve Line id the General Plan will have a huge impact on the city forever. There are safety issues to consider, atershed and viewshed issues and this is a known wildlife corridor. hank you for the good work that you do and for listening to my neighbors and reading the mail you've ceived. 10/11/2007 October 10, 2007 "�C F�To Whom It May Concern: sip OT 2007 Cp This is not just another letter regarding the San Luis Obispo hillsides. This C" heartfelt plea to each and every council member to do, not what is monetarily in favor of a few when voting for the future of our city's hillsides,but what is right. The proposed development above Johnson Avenue and Harmony Way threatens our quality of life and safety. These projects will impose less open-space,less nature(trees, animals,birds), less safety(more flooding, debris, fire danger, unstable soil), less beauty, more crowding, more traffic, and most of all,more compromising. Is it right to compromise our town's unique charm,beauty, ideals, and values? Is it right to compromise our children's future quality of life? What do I say to my two teenage daughters when they ask, "That doesn't make sense.........why would anyone want to do that?"LLLLIIYes, quite simply, "Why would anyone want to do that?Please, do what is right as our representatives. Vote to uphold the City Planning Commission's recommendation to deny these hillside projects and any future development in this area. Please do not spend any more money on an EIR. Every time an EIR is done......something is built. Thank you for your time and all efforts to better our city's welfare. I hope you will do what is right. Sincerely, Annette Hackman October 11, 2007 City Council Member Dave Romero R City of San Luis Obispo E:IC:0 VEp 990 Palm Street OCT 1®O) San Luis Obispo CA 93401 SLO CI7 LINCI( Re: Proposed Annexation for 4 projects above Johnson Ave. Dear Mr. Romero, I am writing to let you know that I am in opposition of any annexation of the land where four projects are proposed east of Johnson Avenue. I am a home owner of 15 years living on Crestview Circle and feel any building above the urban reserve line would be a detriment for a variety of reasons. We already have traffic difficulties on Johnson Avenue. We already have drainage problems due to run off. I love the area. I love to hear the coyotes and see deer from time to time. I love the view. Please don't move toward destroying it. Please, Susanne Link Valadez 1634 Crestview Cir. San Luis Obispo CA 93401 Lynn R. Cooper 1774 Southwood Drive San Luis Obispo, CA 93401 October 15, 2007 RECEIVED OCT 16 2007 SLO CITY COUNCIL Mayor David Romero CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA. 93401 Re: Fairview Estates Annexation Dear Mayor David Romero, I understand that you will be reviewing Herb & Diane Filipponi and the Twisselman family's project to annex to the City of San Luis Obispo at your meeting on October 23, 2007. The Filipponi's and Twisselman's represent responsible multi-generation families in San Luis Obispo. Because they have been good stewards of the land in our community for many years, I want to express my support for the project. It is also my understanding that you will hopefully be authorizing processing of this important project. We live close to this project and have for some 32 years. We know how hard the owners have worked to obtain this annexation. Dave, I know that you will review all the facts and make the proper decision. Thanks, gynnkR. Cooper cc: Filipponi Page 1 of i From: Nancy&Charlie Felix[delix@gte.net] Sent: Mon 10/15/2007 1:59 PM To: Cc: Subject: Harmony Way Development Project Attachments: Dear Councilman Settile Our neighborhood is requesting that you adopt the Planning Commissions rejection of the planned development on the Brown property on Harmony Way and deny inclusion of this property in the SOI. In August 2005 my husband Charles Felix and Guy Hackman met with you to discuss this matter and presented you with a pamphlet outlining the neighborhoods concerns.At the August 23,2005 City Council meeting you voted to exclude this property from the City's SOI. Nothing about this property has changed since that vote.Your continued support for our neighborhood on October 23 will be greatly appreciated. Nancy Felix 3380 Sequoia Dr San Luis Obispo,CA 94301 5440346 RECEIVED Nancy �z Charlie Felix 4 � n OCT 16 207 SLO CITY CLERK https:Hmail.slocity.org/exchange/asettle/Inbox/Harmony%20 W ay%2ODevelopment%20P... 10/16/2007 Page 1 of 1 r i , From: Cayse Babcock[cayseb@sbcglobal.net] Sent: Mon 10/15/2007 9:34 PM To: Ken Schwartz; Settle,Allen;John Ewan; Christine Mulholland; Romero, Dave Cc: Subject: Attachments: Once again I'm asking you to re-consider letting houses be built above the current lines. There are potential developments proposed for Harmony Lane and I think you are forgetting about those of us who live"below"the line and in the traffic route. The increased traffic ruins our property values because we are now on a "thoroughfare"with cars SPEEDING up and down Southwood Drive. I can go on about children at play, pets etc. at risk but the increased noise and destruction of property values because of that traffic is unfair to those of us who purchased where we did because of restrictions. Now those restrictions look like they could go out the window in favor of cash for a very few. If it were in YOUR neighborhood,where you would have the increase in traffic I'm sure you would not let this happen in a minute. It sets a dangerous precedent. $$$for a few, rules over General Plans and current restrictions! Why even have those restrictions at all if you throw them out the window so a few can profit?!! It's totally unfair to those of us"below"the lines. If you feel that it's so important for these developments to be built,then the developer should also pay for speed bumps up and down Southwood Drive so we don't become a major thoroughfare and the speed of the neighborhood is followed(25 mph according to SLO police dept.) I think you are setting a very dangerous precedent by even considering this development and not looking at the cost to those of us in the proposed traffic routes. It's completely unfair to us and moving to a new location in this town with property taxes the way they are is out of the question. Please DO NOT LET THE DEVELOPMENT ABOVE HARMONY LANE GO THROUGH! Sincerely, cayse Babcock RECEIVE D 1687 Southwood Drive. OCT 16 2007 SLO CITY CLERK https:Hmail.slocity.org/exchange/asettle/Inbox/No%2OSubject.ENIL.?Cmd=open 10/16/2007 RECEIVED Phil Dunsmore OCT 16 2007 City of San Luis Obispo SLO CITY CLERK Community Development Department 919 Palm Street San Luis Obispo, Ca 93401 October 15, 2007 Re: Amending the General Plan to Accommodate Residential Development at the Eastern Boundary of the City (1925 Sydney and 1854 Sydney). Phil: Your public notice implied I had to identify issues with this project prior to the Oct. 23 Council Meeting. Recall that we talked in early October. I also visited the City office with questions to another planner and your public works department,regarding the subject project, this past Friday, October 12. I own and live on Sydney Street on the property adjacent and west of the planned 1925 development. I have lived here 4 months. Although I have reservations about the open space issue above my property and the current urban development line, my comments here are more personal. My property has two unique characteristics related to this planned project 1. The 1/i acre of my land closest to the King property is designated "Open Space" . This land is on a steep slope of approximately 25 degrees and can be seen from many places around town. 2. The access road to the planned development, including the entire width of the road for a short distance goes across my property per an easement agreement signed years ago (last updated in 1994) The above two characteristics have led to some issues that, apparently I need to address prior to the planned City Council Hearing on Oct. 23: Regarding the Open Space: • Is the city aware that I want to keep the open space portion of my land as "Open Space"?Presumably, any development of the King property above this line would make this, already designated viewshed, esthetically unpleasant. I prefer that you maintain this property in the manner that you and my predecessors agreed it would be maintained • Any development of the King property, with presumably septic systems and rain run-off, would almost surely damage this hillside and my property. i Regarding the Street • Is the city aware that the street, that climbs to the King property, is steep (>20%) with a blind curve near the bottom, on my property, and potentially unsafe? This is a liability issue that I would expect the city to resolve before additional city approved traffic is permitted on my property • Is the city also aware that any decision about increasing the amount of traffic on my land is a decision they will make without my permission? • Apparently the road easement allowed unlimited access but I wonder if that applies to changes in the use of the land above me if the city boundary is changed and/or the use of that property changes. This is a question beyond my knowledge and I prefer the City advise me on the legal consequences. Will all of the new property owners be expected to enter into a new easement? Do I need to agree to it? • The current easement agreement states that I am responsible for my portion of the maintenance of the street. This surely must be changed. If the land is developed above me, I would have to insist that speed bumps, signs, and, possibly a new locked gate be added. • The gate was mentioned to me as my right if the road stays in my possession. It would certainly slow traffic appropriately. Of course everyone above the gate would have a key or combination access. Can I do this and would it affect city services to these properties? I have outlined some of the issues I hope the City has considered. I have not sought legal advice and do not plan on doing so. Rather, I hope the city address the issues in the best interests of everyone and prospectively deal with the "Open Space" and road issues before approving the project. Les Pennelly 1825 Sydney St. San Luis Obispo, Ca 93401 October 15, 2007 RECEIVED Mayor Dave Romero OCT 16 2007 City Of SLO 990 Palm Street SLO CITY CLERK San Luis Obispo, CA 93401 Dear Dave, Hope all is well with your family and you are readying for the ski season. I am writing to you concerning the proposed hillside developments on the eastern border of the city. My wife and I own two county parcels totaling 95 acres that border the proposed projects. I have lived here for 15 years, and at this time have no plans to annex into the city, but at some time we will likely sell our current home and then build a retirement home on our larger parcel. Of course this plan could always change and new owners might have other ideas. The proposed projects certainly have engineering and neighborhood challenges that need to be addressed. Without the appropriate background in geology, hydrology, engineering and fire safety I won't try to pretend to give some sort of quasi informed opinion to know if the current plans are feasible. From a planners perspective it would be a good long term idea to have a hard border between the city and the city owned greenbelt, incorporating the narrow strip of county properties. I would also like to comment on the concept of open space. A few of my neighbors believe that the proposed Open Space.Easements are unnecessary as it"already exists - its free so why should we trade limited development for it."This letter is a reminder that it is not free. The city's Greenbelt could be viewed as free (though Mr. Statler might disagree), as well as Nature Conservancy lands, but these hillside properties in question are owned by individuals who pay for them with mortgages, property taxes, liability insurance and the chore of shooing away hunters, campers and those who leave gates open, and their trash behind. We feel lucky and blessed to have this space but it certainly isn't free. Acquiring more open space easements and green belt properties has great support throughout the city. Good luck in providing leadership and balance in your deliberations on this tricky issue. Sincerely, gt�" e61X Barrie Cleveland 1650 Harmony Way SLO 93401 543-1119 u�uluillillllllllill� �IIIIIIRECEIVED Ilei, MEMt�DAAIDUH OCT 2 21051 RED F K MEETING AGENDA DATE: October 19, 2007 DATE as o�ITEM # Fn �L TO: Mayor Romero and members of the City Council '� COUNCIL 1*CDD DIR G,�� CAO ; 'FIN DIR FROM: /Kim Murry, Deputy Director of Community Deve opment .p ATTORNEY le FIRE CHIEF 1+3 CLERK/ORIG Gi®'PO DIR ❑ DEPT HEADS E6 RECICE D DIR SUBJECT: Eastside Annexation request, "Fairview Estates" � ® TR✓i�.�w.c (b UTIL DIR R HR DIR 7- cou'ut4c. The City Council recently received a letter from an attorney representing the Filipponi and y Eap Twisselman families in their proposal to develop the property known as the Fairview Estates or >< d 46x , Goldtree Vineyard Tract. The staff report for this item, in the discussion of underlying lots, does contain an error related to the date of the Goldtree Vineyard Tract recordation. Aftdr further review, it is apparent that Mr. Carmel is correct in stating that the document was recorded in 1893 not 1883. County staff was consulted to more fully understand the development.potential under County regulations given this corrected information. In order to issue entitlements for this property, County staff indicated that they would need to evaluate whether Certificates of Compliance could be issued. Since the document was not recorded in the Book of Maps but rather was recorded in the Book of Surveys, there is still some question on the part of County staff as to whether underlying lots would be recognized. Although a map in the Book of Maps may be "post 1893" (May 8, 1893), County Counsel has previously said that in order for such maps to be valid either: the streets were accepted by the county (i.e., it is equated with,"accepting" the map since the streets are recognized and accepted) OR the map was approved by the Board of Supervisors. Only between the years of 1937 to 1955 did the Board of Supervisors approve some surveys in lieu of a tract map. City staff is not in a position to argue the merits of whether County staff and County Counsel have the correct interpretation of the Subdivision Map Act and subsequent court decisions. The topic was raised in the staff report to inform the Council that Certificates of Compliance;which indicate recognition of legal status of the underlying lots, have not been obtained for these properties and so their development potential in the County is not clear. This information is provided as background information only. The key topic of consideration of these requests should be focused on whether the projects meet the General Plan policies of the City. Filippnni Ned File Drnfl Page 1 of 2 RECEI� OCT 1 9 ?ppb j Cano, Elaina From: Cano, Elaina Sent: Friday, October 19, 2007 11:27 AM To: Cano, Elaina RED FILE Subject: FW: Sunny Acres development plans MEETING AGENDA DATE 188 o ITEM # Mt From: JIMANDRE@aol.com [mailto:JIMANDRE@aol.com] Sent: Thursday, October 18, 2007 10:59 PM ICAO FIN ii COUNCIL rDIR FIN DIR To: Romero, Dave ¢7 ACAO FIRE CHIEF Cc: terryandre@earthlink.net; Jeandre@tds.net 0 ATTORNEY EPW DIR Subject: Sunny Acres development plans 10 CLERK/ORIG @ POLICE CHF O DE PT BEADS @ REC DIR James M. Andre, Ph.D., MBA, CFA, CF � oIRIR 1506 North Kings Road v o"Wer Los Angeles, CA 90069-1434 , cee,G (323) 650-9614 FAX (323) 654-1947 E-mail: jimandre@aol.com October 18, 2007 Mayor Dave Romero 990 Palm Street San Luis Obispo, CA 93401 Re: County development plans for Sunny Acres property Dear Mayor Romero, I am writing to ask that if you are allowed to vote on this matter, that you reject the proposal to change the URL (Urban Reserve Line) on the County owned Sunny Acres property. My family owns one of the adjacent properties at 1801 Woodland Drive and we are strongly opposed to this proposed change. It appears that the URL currently goes above our house at 1801 Woodland Drive and the Klosterman's house only because those houses were already there when the line was drawn. Otherwise it would have probably been below our house. It is faulty reasoning to then assume the URL should go straight between the two highest houses on the hillside as proposed by the County. These houses are outliers and not representative of the intent of the URL. I believe that changing the line on this project will open the floodgates to changing the line on the entire perimeter of the City. This is tantamount to changing the rules of the game after play has begun. It is unfailr to the existing neighboring property owners and to the residents of the City who value the hillside views. 10/19/2007 Page 2 of 2 I strongly urge you to support the decision of the City Planning Commission to deny approval of this project and to require the County to revise their plans to follow the development rules and zoning approved the the City council as part of the General Plan for the City. Property owners and developers should confine their plans for development within the URL and not play shell games by suggesting that they are adding to open space when the space is already open. Thank you for your attention and consideration. Very truly yours, James M. Andre, Ph.D., MBA, CFA, CFP® See what's new at AOL.com and Make AOL Your Homepage. 10/19/2007 Page 1 of 2 Council, SloCity From: courtney cable [courtneycable@yahoo.com] Sent: Thu 10/18/2007 12:43 PM To: Council,SloCity Cc: Subject: Sydney Property, Fairview Estates, Harmony Way,Sunny Acres Estates Attachments: October 18, 2007 San Luis Obispo City Council Via Hand Delivery and Email RE: Sydney Property, Fairview Estates, Harmony Way, Sunny Acres Estates Dear Mayor Romero and Fellow Council Members, There are many reasons why the above-referenced proposed developments should not move forward, ranging from site issues (the instability and steepness of the slope), through the negative effects on the neighborhood (not just this one, but all which would have a view of the ruined hillsides cut up by massive retaining walls), to the contravention of building standards and ordinances which were developed for very good reasons and after much research and effort. These issues are fairly obvious, and, I am sure, are being addressed by other concerned citizens. My concern is that our City Council will opt to postpone making a decision until after EIRs are completed. I believe this would be a mistake. Allowing the developers of these projects to go to the expense of time and money required for an EIR will serve to give the projects momentum. The more time and money spent on them, the more tangible these projects will become, and therefore the more difficult to deny. Contrary to what the public and perhaps the Council may believe about EIRs, even the discovery of numerous negative impacts to the environment or neighboring uses will not necessarily lead to a"No Project" finding.The usual result is a set of Project Alternatives and mitigations to allow the project to continue. It almost guarantees that these projects will be built in some form. Studying the situation will not change the steepness of the hillside, nor reduce the size of the retaining walls that would be necessary to support the building pads and road cuts. It will not remove the many springs and seeps that exist throughout this relatively unstable geologic formation (the Franciscan Formation has been subsumed by coastal plate movement https:Hmail.slocity.org/exchange/slocitycouncil/Inbox/Sydney%20Property,%20Fairview... 10/18/2007 Page 2 of 2 7 and thrust back up again, combining softer sedimentary stone with metamorphic rock, such as the green serpentinite so prevalent here, and the combination does not cohere well). What EIRs will do is give the developers more reason to push for their projects, to justify the expense of time and money, and more reason to bring still more pressure to bear on their friends on the City Council. I realize that it is hard for people to resist their natural leanings—developers develop, after all, and owning undeveloped land must create an itch just begging to be scratched. But if John King, for example, bought this property with the intent to develop it, he already knew that City and County standards don't allow the scope of development he now proposes. Long-standing codes and ordinances are in the way. Those standards were created for good reasons, reasons that have not changed over time. There are many grounds to justify denying these projects. Approving them would be irresponsible. Sending them off for EIRs is a tacit approval that will only serve to waste time and money, and not result in compliance with current standards that prohibit such development of our hillsides. Please bring this issue to a close, now. Sincerely, Courtney Cable Flora Street resident Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com https:Hmail.slocity.org/exchange/slocitycounci l/Inbox/Sydney%2OProperty,%2OFairview... 10/18/2007 Page 1 of 1 Council, SloCity From: Betty Ann Hansen [hansenba@pacbell.net] Sent: Wed 10/17/2007 2:51 PM To: Council,SloCity Cc: Subject: Developments above Johnson Avenue Attachments: Please do not change the building height restrictions on the hills surrounding San Luis Obispo. There are so many negative issues involved: safety, water, beauty -- all important. The excuse that if the city doesn't do it, the county will does not excuse poor judgement that would affect us for years to come. Thank you. Ann Hansen https:Hmail.sloci ty.org/exchange/slocitycouncil/Inbox/Developments%20above%20Johns... 10/18/2007 CARMEL NACCASHA HT ATTORNEYS at LAW PI M'ICAL ADDRI]Sq; TfNIOT1 n'1.CARMET.1 -110 NW611 S,I,RE1rr ZIYAD 1.I�A(_CASI 1A 2 S:\N Lu;s OB!spo,CA 93401 iN I Icli,ul'i,N I.N lc L\I[ON FILA MAILING A DI)Rr`S: MEETING AGENDA P.0,BON 15729 OF COUNSELSAN LUIS Out' CA 93406 IRANNIL D.Gosh iGARLkN 3 DATE/§243 ITEM it ?A] . r;vr:N LSIMAs Tr_l.:805.546.8755 805.546.8015 ALSO ADMI'17ED NEVADA ?,\1so Arhmi-mu)IN lu INOIS 3ALso ADMI171a)IN WASII INC'i(-1N 1ADMITT 0)IN WASIHNG-l"N October 1S, _'007 RECEIVED OCT 19: NLA IL&U S ?\L-�I L 20p: �TIA E OCT 2007 S SLO C: I CL LO CITY CLERK Ken Hampian City Administrative Officer City of San Luis Obispo ;J-COUNCIL EK CC, 990 PaLm Street Iii CAO 1JR FIN San Luis Obispo, CA 93401 CL A CAO fj�FIRE FTTORNEY Ir PVV DIF, RE: East Side Annexations: "Fairview Estates" LERK/oRiG R POL;r E r J? i Goldtree Vineyard Tract DEPT HEADS REC F% Filipponi-T-,Aissetnian Application I 7rn&6_ J?U T I-; i? HR ve a-0—aw-a"C' Dear Ken, 'W tem' vou know, this office represents Herb and Diane Filippoili and Kenneth, Rosellial-I, Darrell and Nola 'I'wisselrnan with respect to their application to annex 4 development lots and one large open space lot (die "F/T Property") into the City of San Luis Obispo ("City") on its eastern ' boundary. Specifically, citI this letter is intended to address die statements contained in the ),s staff report for this matter dated as of October 23, 2007 ("staff report') regarding die legality of the Underlying lots of the Goldtree Vineyard Tract ("Goldtree Tract"). As you are aware, the Goldtree Tract has I a long history involving the Citv, including references %vidlin the City's General Plan for several decades, partial inclusion in the City's Sphere of Influence ('SOP) sulce at least 1954, and City approved development of the vast majority of lots witi-6n the Goldrrec 'Fracr. It is noteworthy that the revised F,-Lir%,Icw Estates proposal has clustered die four (4) proposed development lots onto the two (2) parcels that have been in the City's SOI prior to the last update in January 2006. Unfortunately, the staff report is Incorrect in its underlying facts and related anaINSIS regarding the F/T Property. The Goldtree Tract was recorded on September 30, 1593 (not 1883 as stated in the staff report) which is npproxinlatety five (5) month, after the State of California's adoption of the original 1893 Subdivision Map Act ('SNLV'). For your reference, attached please I Fuld a copy of die Goldtree Tract Map which clearly shows this date above Isaac Goldtrec's signature, on the notary acknowledgement and in the Coulin recording information. This small, but critical mi stake*cornpletely changes the City's analysis regarding the legality of die Goldtree Tract, which analysis erroneously relies on pre-1893 subdivision legal theon- (i.e. Gardner V. COLHILY Of Sonoma . It should also be noted that the staff report also misstates tes tile developint-tit proposal itselF (6 versus 4 proposed developmell( lots)_ Based on our review, the Goldtree-Tact Map complies in all respects with the relevant SiNLA requirements. The Goldtree Tract Map was signed by the owner, acknowledged, recorded, and clearly delineates the underlying lots and rights of way; die law unambiguously provides that such maps that meet SnLA requirements create legal parcels. City staff's incorrect assertion as to die GoIdrree Tract recordation date,and the resultant slander of title to our clients' property,particularly it light of its inclusion in City land use documents for over fort years and substantial City approved e\isting development in reliance on the Goldtree Tract,is troublesome and vexing. its a result of the City's error with this basic and foundational fact, we respectfully request that die City take appropriate corrective action and modifir its staff report and analysis accordin-h% Please call if you have any questions or continents. Sincerely, CARMEL&NACCASHA LLP unothy -arnhel TjC/ia attachments cc: Herb &Diane Filiponni (w/o attachments) Kenneth &Rosemary Twisselnhan (w/o attachments) Darrell &Nola Twisselman (w/o attachments) Carol M. Florence (xv/o attachments) Christi Fry (w/o attachments) San Luis Obispo City Council (w/o attachments) 77 44;- ��ea��'.�,,�•+��•�-� �•t.'� f � a 11�fir•� � f` . ® t S O .�' •1 o C: :w 3 , bi 1 M..b4Li SC®��HYr�M+Y4Yr�/�bY Vy.YLu � O _ .. Yiarl.:uW.eiWwtbs/bYul.vr'I�Y• ty' COUNOL MEMORANDUM ,41 RECEIVED DATE: October 19, 2007 OCT 19 2007 TO: City Council SLO CITY CLERK FROM: Ken Hampian, CAO SUBJECT: Requests to Continue Consideration of"Eastside Annexation" Attached are four letters representing the four different property owners involved in the annexation applications to be considered in a public hearing set for next Tuesday evening, October 23, 2007. Each letter asks that the respective annexation request be continued to an indefinite time to allow the applicants to reconsider their proposals. This period of reconsideration may or may not result in one or more of the applications being formally withdrawn; however, in conversations with the applicants representatives, they need added time for study and consultation before determining their best course of action. Because the requests represent all applicants involved in the annexation requests, staff recommends that the Council call the meeting to order on October 23rd at 7:00 p.m. as scheduled, but only act to continue the matter to a date uncertain. While the Council could open a public hearing on the applications, in staffs' opinion, there is little to be gained from doing so since it is unlikely that the applications will remain in the same form, if they remain active at all. If the applications are revised, or if entirely new applications are submitted, then such applications would be subject to the usual process of public review and commentary, with testimony directed to the new information and considerations they offer, and not matters that may no longer be relevant. Cc: Planning Commission Staff Distribution (Dept. Heads, Davidson, Murry, Dunsmore, Havlik) EEP L � CDD DIR X FIN DIR R-PIRE CHIEF RED FILE EY Ww DIR MEETING AGENDA RIO POLICE EHF ADS RSG dpDA !i�IJTIL- blq' bR BIR Y G�twQ� 11D CAO ,P.C�cF- C:Mocuments and Settings\khampian\Local Settings7emporary Internet Files\OLKCAContinuing EE LOOP V E N TJURS October 19, 2007 Mayor David Romero c/o CAO Ken Hampian City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Re: Annexation and Subdivision -VTTMap#2827; City Application No. 4-05; Sydney Street Mayor Romero and Mr. Hampian: Please accept this letter as our request to table the scheduled October 23rd hearing to a date in the future to allow us to fully respond to the Staff Report, community correspondence and input concerning this application. After reviewing the materials prepared for the meeting it is clear that we must more fully address the questions raised in order to present the project as "more substantially conforming" to San Luis Obispo's General Plan. As you can imagine, this will take some time as we analyze the options available for the site and surrounding neighborhoods. There is one issue that must, however, be addressed; that being the "consolidated" processing of these four (4) applications. We do not believe it is necessary or appropriate to consider these applications together. It is clear from the staff analysis that if our project is modified to eliminate access and utility services beyond our lots, there is no functional or practical reason to consider these projects under a single Development Plan. We look forward to the opportunity to continue working with you on our application. r(: ely, J n E. King SYDoty101907 King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805 544-4444 805 544-5637 FAX O A 5 1 5 1 leit/�i LANDSCAPE ARCHITECTURE OCT . 19 ZQQ� AND PLANNING City Qf S.L.C: 19 October 2007 Administration Mr.Ken Hampian, City Administrative Officer Mr.John Mandeville, Community Development Director CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 RE: "HARMONY WAY MINOR ANNEXATION"—GP/R,ANNX&TR/ER 142-04 1700 HARMONY WAY,EAST SLO CITY LIMITS Gentlemen, �F On behalf of the Roger Brown family, we respectfully request a continuance of the Tuesday, October 23, 2007 City Council hearing. As we review our files, it becomes quite apparent that time has not been a friend to our client's project. Of the four annexation requests, the Harmony Way project has been in the queue since July 2004, when it was originally submitted to the City, with a subsequent submittal of an application and payment to the Local Agency Formation Commission ("LAFCO", Annexation no. 72). This was at the very early stages of LAFCO's initiation of the City's Sphere of Influence update process. Unfortunately, what appeared originally as a fairly simple and staff supported request (i.e., both Neil Havlik, Natural Resources Manager and Ron Whisenand, former Deputy Director met with us on site and considered this project to be a logical extension of the City), has now evolved into a lengthy, confusing and contentious process. It has created a financial and emotional strain on our clients. We are also aware of the potential conflict of interest that the Mayor now faces regarding his ability to vote on any of these annexation projects. Therefore,we are interested in a response from the Fair Political Practices Commission, should the Mayor be interested in obtaining their opinion. In addition to allowing adequate time to obtain an FPPC decision, our clients would appreciate the opportunity to reconsider their proposal in light of our recent public outreach'meeting and the CAO recommendation and alternatives,as stated in the 23 October 2007 staff report. We hope that you can see the wisdom and benefit of a continuance and would appreciate your support for our request. Thank you in advance for your consideration. Please advise us as to your decision. Re ectfully, OCIATES, INC. C.M Florence,AICP Agent R. BROWN FAMILY TRUST c: 03-0073 R.Brown O:(Harmony Way Subdivision lCorrespondencelregcont1.23.07CCdoc 805.541.4509 FAX 805.546.0525 - 3427 MIGUELITO CT SAN LUIS OBISPO CALIFORNIA 93401 mn nes•Cu%M7 O A S I S LANDSCAPE ARCHITECTURE AND PLANNING 18 October 2007 Mr. Ken Hampian,City Administrative Officer Mr.John Mandeville,Community Development Director CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 via courier RE: PROPOSED"SUNNY ACRES ESTATES"—GP/R,ANNX and TR/ER 135-06 1600 BISHOP AND 2220 FLORA,EAST SLO CITY LIMITS Gentlemen, On behalf of the San Luis Obispo County Department of General Services, representing the Board of Supervisors, we respectfully request a continuance of the special City Council hearing, scheduled for Tuesday, October 23, 2007. Our clients have arrived at this decision based upon their evaluation of the on-site meetings with individual City Council Members and Community Development and Administrative Department staff. In addition, they have been influenced by public sentiment expressed at a recent applicant-sponsored public outreach meeting. This Sunny Acres project, initiated by the Board of Supervisors in 2003, is a very important component of a broader effort to maintain and enhance the variety of vital services provided to a countywide citizenry. As we worked with our consultant team and City staff to understand the physical attributes and constraints of the property in order to determine the "best and highest use", we were encouraged when the City Council, and ultimately the Local Agency Formation Commission, included the balance of the County's holdings within the City's.Sphere of Influence. Pursuant to City staff direction, the formal submittal of the Sunny Acres Estate project included a utilities master plan for the four annexation requests. Itis unfortunate that the County's project is being penalized for taking a comprehensive approach to this planning effort and therefore, are unable to have Sunny Acres Estates stand on its on merits. With approval of our request for a continuance, we hope to utilize this time to more fully analyze and consider the CAO recommendations in the staff report and the comments from our neighborhood meeting. Our clients would appreciate your concurrence with this request. Thank you in advance for your consideration. We look forward to your positive response. R pectful , S CIATE ,INC. C.M r ce, AICP Agent SAN LUIS OBISPO COUNTY DEPARTMENT OF GENERAL SERVICES c: 03-0073 J.Patterson K.Achadjian C.Maddalena/SLOGS J. Lenthall B.Gibson H.Ovitt G.Rosenberger/SLOGS 805.541.4509 FAX 805.546.0525 3427 MIGUELITO CT SAN LUIS OBISPO CALIFORNIA 93401 au nae•Cw M7 E!M O A S 1 5 LANDSCAPE ARCHITECTURE AND PLANNING 18 October 2007 Mr.Ken Hampian,City Administrative Officer Mr.John Mandeville, Community Development Director CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo,CA 93401 via courier RE: PROPOSED"FAIRVIEW ESTATES"—GP/R, ANNX and TR/ER 126-06 GOLDTREE TRACT, EAST SLO CITY LIMITS Gentlemen, On behalf of Herb and Diane Filipponi, Kenneth and Rosemary Twisselman, and Darrel and Nola Twisselman,we respectfully request a continuance to a date uncertain of the City Council hearing in the above described matter, currently scheduled for Tuesday, October 23, 2007. To say that our clients are frustrated with the process, dismayed at the misrepresentation of the facts, distraught over some of the resultant neighborhood vitriol, and horrified at the expenditure of time and resources to date,would be an over simplification. While we fully realize that decisions are not made on a personal basis, we nonetheless must express that these foundational, multi-generation San Luis Obispo families have been good stewards of the land and given heartily of themselves to this community, have been guided by decades old references in the City's General Plan, and in good faith, participated in well-established governmental processes. Frankly, given the discussion and recommendations in the City's recently issued staff report, our clients are offered little hope to work with the City in a fair and equitable manner. We would like the opportunity to clear up the misconceptions and misunderstanding which now surround our clients' Fairview Estates project and will need additional time to effectively do SO. We would appreciate your approval of our request on behalf of the Filipponi and Twisselman families, and ask that you provide us with your response as soon as possible. Thank you for your consideration. Respectfully, O OCIATES, INC. C.M. Florence, AICP Agent HERBERT&DIANE FILIPPONI KENNETH&ROSEMARY TWISSELMAN DARREL &NOLA TWISSELMAN c: 03-0022 K&R Twisselman T.Carmel,Esq. H&D Filipponi D&N Twisselman 805.541.4509 FAX 805.546.0525 3427 MIGUELITO CT SAN LUIS OBISPO CALIFORNIA 93401 mn nm.nas.w , 4 RED FILE RECEIVED 603 Al-Hil Drive MEETING AGENDA San Luis Obispo, CA 93405 DA Io ITEM #/SNL( OCT 22 2007 805-544-8365 L SLO CITY CLERK October 21, 2007 RE: Hillside Development To: San Luis Obispo City Council Honorable Mayor and Members of the City Council: Citizens for Planning Responsibly (CPR) supports the efforts of Save Our Hillsides and urges the City Council to turn down the development applications NOW. Among several problems with placing homes that high on the hillside, it is above the URL. As in our challenge to the legality of Measure J initiative, we are a volunteer group of resident voters concerned with seeing that the County and City of San Luis Obispo uphold the laws that have taken many years to put in place. Sincerely, Rosemary Wilvert - President, Citizens for Planning Responsibly CDD DIR �COUNCIL FIN DIR CAO r FIRE CHIEF * ACAO TrPW DIP * ATTORNEY POLICE CHF l0 CLERKIORIG REC DIP D 9p g FADS UTIL DIP B HR OR ,q.o RECEIVED San Luis Obispo City Council OCT 2 2 2007 San Luis Obispo County Supervisors Editor—The Tribune SLO CITY CLERK Monday, October 22,2007. Santa Anna winds are engulfing Southern California homes, causing hot embers to ignite homes further from the fire front. Tuesday, October 23, 2007. The San Luis Obispo City Council is scheduled to debate four subdivision annexations along the high alluvial toes of the Santa Lucia Ridge. Should the subdivision be approved by the City,or if not the City,by the County, who is to pay for the added fire protection costs(a fires has swept up the ridge above County Hospital this summer and two have swept up from the Cal Poly area—when the winds were low and the humidity was high)? If approved,who will pay for the following;the owners of the new expensive homes or the residents of the City and,or,County: ■ Increased precipitation runoff—flooding(roofs,massive driveways,patios and walkways replacing absorbing ground and trees, shrubs and grasses to hold the rain waters)? • Landslide damage repair common in California coastal hills? ■ The need for improving the Johnson Avenue railroad underpass(the completed developments could generate up to 550 additional daily vehicle trips within the SLO area east of the railroad tracks)? ■ The loss of the esthetic beauty of our City and County with its pockets of green open space hills(as featured in photographs on the http://www.visitslo.com/website? Terrace Hill is zoned R-1 and not Public Facility according the zoning map on line. San Luis Peak?Bishops Peak?South Hills?Islay Hill?Irish Hills? City Council and,likely and eventually County Supervisors, should consider who benefits from any approval of the four subdivisions. And should consider how the voting public will eventually react to any approval. The requesting subdivision property owners will not be at a loss that is except for the speculators. Buzz Kalkowski (2163 Augusta Court NOT TO BE PUBLISHED) San Luis Obispo RED FILE MEETING AGENDA DA lO 3 blITEM #-.�-H/ 3037 Bahia Court RECEIVED San Luis Obispo, CA 93401-4608 October 17, 2007L OCT 1 S 1007 COU CDD DIR LO CITY COUNCIL CAO FIN DIF Mayor David Romero: ACAO IrFIRE CHIEF City of San Luis Obispo ATTORNEY PW DIR 990 Palm Street 9fCLERK/ORIG POLICE CHF San Luis Obispo, CA 93401 0 ° 4a EADs �'rRTC DIR �� uTlL DIR Jo T.Zlffi�jN['� CWHR DIR Dear Mayor Romero: &We' I'm writing to express my opposition for development of the hills above Johnson Avenue_ The proposed developments not only conflict with the general plan, but they risk robbing the City of SLO of one of its most valued treasures—beautiful, development-free hillsides. As a resident of the area, I'm concerned for not only the loss of views, but also for the safety of lower lots related to possible erosion and runoff. Additionally, the proposed developments do not correspond with the city's desire for infilling of houses rather than expanding the sphere of development. As a member of the health community, 1 urge,you to only consider development that encourages more walking and biking, and less use of cars. Hillside development discourages physical activity in the neighborhood due to the steep inclines. With the obesity rate of our residents increasing annually, all developments should include a plan that encourages safe and active recreation in the immediate area. In the past, the City Council has voted to protect the quaint nature of the city. Your support and value of the natural beauty of the area is appreciated by me and the vast majority of city residents. As a long term council member, you have the opportunity to again value the beauty of our city. Please continue to protect our city, our safety, our health, our water quality, and our views. Do NOT allow the four proposed projects above Johnson Avenue to go forward. Vote NO on all four projects. Sincerely your constit ent, v JCL Shirley S. P rson 544-2630 shirleyspetersonna gmail.com SLQ CUU� October 15,2007 Mayor David Romero CITY OF SAN LUIS OBISPO 990 Palm Street. San Luis Obispo,CA 93401 RE: FAIRVIEW ESTATES ANNEXATION Dear Mayor Romero, I understand that you will be reviewing Herb&Diane Filipponi and the Twisselmaa families project to annex to the City of San Luis Obispo at your meeting on October 23,2007.The Filipponi's and Twisselman's represent responsible multi-generation families in San Luis Obispo. Because they have been good stewards of land in our community for many years,I want to express my support for their project It is also my understanding that you will hopefully be authorizing processing of this important project I say ugwtant,as this will provide the families with their estate planning goals and objectives and provide the City and community at large with a substantial dedication of open space in perpetuity. We believe that this rather insignificant amount of development is reasonable based upon the project's location and existing hillside development I encourage you to provide the families with an opportunity to process this project. ��Sincerely, ��I October 18, 2007 FR7ECENEDMayor Dave Romero San Luis Obispo City Council L Via Hand Delivery and Email RE: Sydney Property, Fairview Estates, Harmony Way, Sunny Acres Estates Dear Mayor Romero, There are many reasons why the above-referenced proposed developments should not move forward, ranging from site issues (the instability and steepness of the slope), through the negative effects on the neighborhood (not just this one, but all which would have a view of the ruined hillsides cut up by massive retaining walls), to the contravention of building standards and ordinances which were developed for very good reasons and after much research and effort. These issues are fairly obvious, and, I am sure, are being addressed by other concerned citizens. My concern is that our City Council will opt to postpone making a decision until after EIRs are completed. I believe this would be a mistake. Allowing the developers of these projects to go to the expense of time and money required for an EIR will serve to give the projects momentum. The more time and money spent on them, the more tangible these projects will become, and therefore the more difficult to deny. Contrary to what the public and perhaps the Council may believe about EIRs, even the discovery of numerous negative impacts to the environment or neighboring uses will not necessarily lead to a "No Project" finding. The usual result is a set of Project Alternatives and mitigations to allow the project to continue. It almost guarantees that these projects will be built in some form. Studying the situation will not change the steepness of the hillside, nor reduce the size of the retaining walls that would be necessary to support the building pads and road cuts. It will not remove the many springs and seeps that exist throughout this relatively unstable geologic formation (the Franciscan Formation has been subsumed by coastal plate movement and thrust back up again, combining softer sedimentary stone with metamorphic rock, such as the green serpentinite so prevalent here, and the combination does not cohere well). What EIRs will do is give the developers more reason to push for their projects, to justify the expense of time and money, and more reason to bring still more pressure to bear on their friends on the City Council. I realize that it is hard for people to resist their natural leanings — developers develop, after all, and owning undeveloped land must create an itch just begging to be scratched. But if John King, for example, bought this property with the intent to develop it, he already knew that City and County standards don't allow the scope of development he now proposes. Long-standing codes and ordinances are in the way. Those standards were created for good reasons, reasons that have not changed over time. There are many grounds to justify denying these projects. Approving them would be irresponsible. Sending them off for EIRs is a tacit approval that will only serve to waste time and money, and not result in compliance with current standards that prohibit such development of our hillsides. Please bring this issue to a dose, now. Sincerely, "V/ Courtney Cable Flora Street resident n ' �_D FILE MEETING AGENDA DATE 7ITEM #-FAL 1,1,enneth Rodman J 98 Country Club RECEIVEp San Luis Obispo, CA 93401 pcj 1 r NO :Zt-eC UNCIL ip CDD DIP, SLG OI COUNT O GIN DIP, AO FIRE CHIEF TORNEY PW DIR October 15, 2007 CLERK/ORIG 0,FC POLICE CHF DEPT HEADS � REC DIR Mayor David Romero F_ UTIL DIR CITY OF SAN LUIS OBISPO a�1R6yy� HR DIR 990 Palm Street C6ui��J San Luis Obispo, CA 93401 RE: FAIRVIEW ESTATES ANNEXATION y- Dear Mayor Romero, I understand that you will be reviewing Herb&Diane Filipponi and the Twisselman families project to annex to the City of San Luis Obispo at your meeting on October 23,2007.The Filipponi's and Twisselman's represent responsible multi-generation families in San Luis Obispo. Because they have been good stewards of land in our community for many years,I want to express my support for their project. It is also my understanding that you will hopefully be authorizing processing of this important project. I say important, as this will provide the families with their estate planning goals and objectives and provide the City and community at large with a substantial dedication of open space in perpetuity. We believe that this rather insignificant amount of development is reasonable based upon the project's location and existing hillside development. I encourage you to provide the families with an opportunity to process this project. Sincerely, Kenneth Rodman October 15,2007 CT FO Scott and Dana Milstead O C/� 1QQJ 2040 Southwood Dr. CO(J� San Luis Obispo, Ca. 93401 C/l RE: HERB AND DIANE FILIPPONI'S PROPOSED ANNEXATION PROJECT (FAIRVIEW ESTATES) Dear Mayor Romero, My wife and I have known the Filipponi family for years. They have been a very active family over the years in community works and are genuinely good people. While not sure how long, we know that Herb and Diane have owned and have been paying property taxes on the proposed project land for ages. I'm sure that we all feel that property owners should be able to develop their land within the proper guidelines, so we would really like to see them get that chance. We understand that the city will gain a huge amount of"open space" from the proposal, and feel that this reason among others,is a great incentive for approval. We ask for your support to allow this project to proceed, Scott and Dana Milstead J October 16, 2007 City Council Member Christine Mulholland ERECEiVED City of San Luis Obispo 2��1 990 Palm StreetSan Luis Obispo CA 93401 OUNCIL Re: Proposed Annexation for 4 projects above Johnson Ave. Dear Ms. Mulholland, I am writing to let you know that I am in opposition of any annexation of the land where four projects are proposed east of Johnson Avenue. I am a home owner of 15 years living on Crestview Circle and feel any building above the urban reserve line would be a detriment for a variety of reasons. We already have traffic difficulties on Johnson Avenue. We already have drainage problems due to run off. I love the area. I love to hear the coyotes and see deer from time to time. I love the view. I know you will stop the building in this area of San Luis Obispo. Thank vou. Susanne Link Valadez 1634 Crestview Cir. San Luis Obispo CA 9 401 Mr. Paul Brown, Council Member October t 004 City of San Luis Obispo RECEIVED 990 Palm Street San Luis Obispo, Ca. 93401 OCT 1 7 1007 Dear Mr. Brown, Regarding Council A<aenda October 23SLO CITY COUNCIL..2007 Approximately forty two thousand citizens live in San Luis Obispo, and look out upon almost unblemished hillsides, protected now. for a number of years by an urban reserve line. The line serves very obvious needs--most importantly, those of safety, which you know well. A small number of houses were built in the 50s-60s, above that line, before it was created. Most require water booster-pumps. There have also been legal issues with erosion. A few county homes are also above the line and have their problems. It's not clear if any would have enough water in his well to fight a wildfire and save his personal home if put to the test. Just how costly is are helicopters hired to dump water? Sunny Acres has a sizable portion of build-able land below the URL. I ask you to request the county applicant to resubmit an application to develop that area within the urban reserve line. Quality affordable housing for our work force and seniors is a fine idea. The remaining portion above the URL must be retained as open space. The SLO General Plan requires a ratio of one build-able acre to four acres of open space. The land above the URL on Sunny Acres, which is already designated as 'open space', is the perfect solution to that 'ratio'-requirement. The other three properties. all above the URL (except a small corner of Harmony), have plans that are ill conceived. unfeasible and inappropriate. One look at the ridiculously steep hillsides should tell the story. And Harmony's plan does not tit in with the area. The planning commission members voted unanimously to deny going forward because they had considered and aureed with all the above issues. I am asking you to follow the planning commission's recommendations. They listened long and hard to both sides. I am also askini� you to be aware again how concerned we citizens are who don't want law suits later from a privileged few who think they can buy their way up the hillside. It is time to stop this waste of tax money. There is no need for an EIR because the proposals are so inappropriate (no consideration for safety or intrinsic values), and in violation of the General Plan..We must maintain the URL, we are so lucky to have it. The developers need to focus on properties they already own in the city that are build- able. Perhaps credits can be offered to assist them. Thank you in advance for your vote of integrity, common sense, sensitivity to your constituents, and thoughtful consideration of SLO's unique intrinsic qualities, by denying any further action on the current proposals. Sin , udyJennimg N mmd n DOA m > > m 7 0 {*r � Cie a_? a'+ =5 S c u S s Y 4 a s 'o n f0 CD f v a n 0 g > ' ':•' -'^r5 v 'c e$ _ — 45 i9 d� ..- =ao m r cO N O (D O rr cr ' :.E ,v Lp -�— Tin S� _P k^ S� N_ e7. C. � ; rZ 44 :.a -o�t �d 1 7 CD =� _s' '_ �m fr a m cc 3 =' ;w C FA N iL L CL CD L y c _ �� yt • - n r j y',g 3t =s v 21 cr r CD cr Cl CD cD 0 CD �� ���-'C - o �� L d h� C� 1•.'. � 1 J C O � _� _ G y � S rn \ • � a � ♦+S - y 1 1 .. fa m O y '� '..� CD w m r CD CD 00VIn m 3 _ CD - s' CCD U3 CL m m I 0.ID .� 3 m m m m L _ m m C = H C O Q C y W t�. H tD w - �' t m c r' - RED FILE RECEIVED o A s 1 s MEETING AGENDA OCT 2 3 2007 � L A N D 5 C A P E DATE4WbITEM #Litt SLO CITY CLERK ARCHITECTURE AND PLANNING 23 October 2007 aCOUNCIL 1 CAO � CDD DIR In ACAO . FIN DIR fiPATTORNEY 12 FIRE CHIEF Mr. Ken Hampian, City Administrative Officer(CAO) t PW DIR Mr.John Mandeville, Community Development Director QPCLERK/ORIG Z POLICE CHF CITY OF SAN LUIS OBISPO 0 DEPT HEADS Pa REC DIR 990 Palm Street 0 f�i 0 UTIL DIR ia_:Ae E L HR DIR San Luis Obispo, CA 93401 .f [7�UA/C!G RE: PROPOSED"SUNNY ACRES.ESTATES" GP/R,ANNX AND TR/ER 135-06 SC C 40 1660 Bishop Street and 2220 Flora Street,San Luis Obispo,CA 9340,1' REQUEST FOR WITHDRAWAL Gentlemen, While we appreciate the CAD's support of the applicant's request to continue the hearing scheduled for this evening to a date uncertain, we are troubled that the City Council may not honor our request or the CAO's recommendation. We have expressed a number of concerns related to the subject proposal moving forward this evening—improper notification regarding the subject of the hearing, inaccuracies within the staff report, factual errors as it relates to the project description, and the confusing circumstances related to the ability, or lack thereof, of certain Council Members to fully participate in this evening's meeting. As a reflection of the CAD's recommendation to the City Council to direct the applicants to modify their respective projects to more closely comply with General Plan policies, and as stated in our request for a continuance, the applicant is fully committed to analyze and consider not only the CAO's recommendations, but also the comments expressed in our applicant-sponsored neighborhood meeting. In order to maintain our ability to accomplish this task and to further the County's goals and objectives given these rather unusual circumstances, we see no other reasonable course of action than to formally request to withdraw the project. The applicant's pursuit of this project has been based upon actions by both the City Council and the Local Agency Formation Commission regarding modification of the City's Sphere of Influence, a coordinated multi-department, multi-year effort with the applicant to comprehensively plan for the eastern boundary annexations, and an interpretation and application of the City's General Plan, Zoning and Subdivision Regulations to promote the public health, safety and general welfare. On behalf of the applicant, our goal is to continue to apply these principals in a conscientious and balanced manner. Thank you for your consideration. Regardless of these unfortunate circumstances, we look forward to working toward a mutually beneficial conclusion. 805.541.4509 FAX 805.546.0525 3427 MIGUEUTO CT SAN LUIS OBISPO CALIFORNIA 93401 I OASIS ASSOCIATES,INC. 23 October 2007 SUNNY ACRES ESTATES—GP/R,ANNX&TR/ER 135-06 Page 2 of 2 Respectfully, OASI SSOCIATES, INC. XL C.M. Florence,AICP Agent SAN LUIS OBISPO COUNTY DEPARTMENT OF GENERAL SERVICE c: County Board of Supervisors G.Rosenberger,SLOGS C.Maddalena/SLOGS 03-0073 O:HOGS-Johnson Avel Correspondencel2.3 October 2007wi1hdrawai.doc RECEIVEDED O A S 15 OCT 2 3 2007 LAND 5 C A P E SLO CITY CLERK ARCHITECTURE AND PLANNING 23 October 2007 Mr. Ken Hampian, City Administrative Officer(CAO) Mr. John Mandeville, Community Development Director CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 RE: PROPOSED"HARMONY WAY MINOR ANNEXATION"—GP/R,ANNX AND TR/ER 142-04, 1700 Harmony Way, San Luis Obispo, CA 93401 REQUEST FOR WITHDRAWAL Gentlemen, The applicant appreciates the CAO's support of their request to continue this evening's special City Council hearing. Nonetheless, we are concerned that the request will be disregarded. While we do not want to belabor the issues raised in our request for a continuance,or for that matter, our client's ever increasing frustration with this process, we remain troubled by the apparent lack of protocol, decorum and proper planning that has surrounded this project in the context of the other annexation requests. The applicant is not confident given Mayor Romero's potential conflict of interest, and now that a similar fate has befallen yet another Council Member, that their proposal can be fairly judged. It was our understanding that the sole item for discussion, review and subsequent approval was to authorize preparation of an environmental impact report. This decision appears to have been overshadowed by public sentiment and somehow purposefully removed from the discussion. Since 2004, the applicant has faithfully followed all of staff's recommendations and requests. They continue to be interested in working toward a proposal that will further their estate planning goals and objectives, while considering both the City's and the public's sentiments to date. In order to accomplish this, we respectfully request withdrawal of the application. We hope that by taking this dramatic action, our client will be afforded an opportunity to continue to work toward a mutually acceptable proposal. Thank you in advance for your time and consideration of our client's withdrawal request. tfally, AS TES, INC. C.M. Florence, AICP Agent R. BROWN FAMILY TRUST c: R. Brown 03-0014 805.541.4509 O:(SLOGS-Johnson AvelCorrespondenceU3 October 2007wiihdrmval.doc FAX 805.546.0525 3427 MIGUELITO CT SAN LUIS OBISPO CALIFORNIA 93401 mw naa•c wm Page 1 of 1 RED FILE 1_�IKIG AGENDA From: Settle, Allen DA W 3 04 ITEM #_&_ Sent: Tuesday, October 23, 2007 3:00 PM qq"� C. RECEIVED To: Cano, Elaina D lA it,.� " OCT 2 3 2007" Subject: FW:Johnson Ave. Vote 'lig COUNCIL �{�r�r: `° SLO CITY CLERK October 23, 2007 ACAfl ATTC CLEW OA,G Fri .t a .. p PT HEADS Dear Vice Mayor Settle, ® f o�N�`- c CLEK �- Y C F Tonight a pivotal decision will be made concerning the very nature and future of San Luis Obispo. You are one of four people who can now determine the quality of life for its thousands of residents and indeed the future of our entire valley. The import of your vote tonight can not be understated. I am certain you have been made aware of the myriad of problems with the four proposals before you tonight, and I will not re-iterate the multitude of known issues with the development of the San Luis hills. I would simply and respectfully suggest that it is incumbent upon you to vote for the future of all San Luis and its citizenry, rather than support the short-sighted and self-concerned desires of a handful. I urge you to vote"no" on all four development proposals before the council. Property owners of Open Space land are well aware of the limitations placed upon any land in that is so designated. They choose to own this land, with all its implications. It is therefore bewildering that they now ask to be exempt from the General Plan, in particular with the requirements of the URL, simply for their own profit.The General Plan is in place for the protection of all of San Luis Obispo. I would hope that this city would not bow to the pressures of the moneyed and well-connected few to the great detriment of all. Retaining walls visible from across the valley, large water tanks placed on prominent locations, houses and roads cut into and creeping up hillsides, additional infrastructure demands ... this is what the applicants are asking San Luis Obispo to absorb. It is the opposite of what San Luis Obispo is so rightly proud: combining its quaint and scenic ambiance with its notable heritage and advant-guarde amenities. These projects will serve nothing but the applicants'themselves. Tonight you are being asked to approve the gutting of the myriad of safeguards and protections placed and approved into the General Plan by those who were far-sighted many years ago. To dispense with these thoughtful, protective measures with a sweep of a pen would be.unconscionable. My family would urge you to represent all of San Luis Obispo ...from the fathers of our past to the children of our future ... and support the Planning Commission in voting "no"on all four projects before you tonight. Respectfully, Karen and Randy Allen 2490 Parkland Terrace San Luis Obispo, CA 93401 10/23/2007 Hillside Annexation/Developr---it Page 1 of 1 J RECEIVED From: Council, SloCity OCT 2 3 2007 Sent: Tuesday, October 23, 2007 2:49 PM SLO CITY CLERK To: Cano, Elaina Subject: FW: Hillside Annexation/Development To S.L.O.City Council Members, I urge you,I encourage you,I beg you not to approve any changes in our urban reserve line nor annexation of hillside properties. The reasons are myriad and,I'm certain,the Planning Commission and community members have communicated them to you. I support their conclusions and recommendations to deny the requests. Please count this email in your deliberations as I can not attend the meeting on Tuesday,23 October. Yours truly, Sylvia K.Drucker 1317 Cavalier Lane San Luis Obispo,CA 93405 Spiderman 3 Spin to Win! Your chance to win$50,000&many other great prizes!Play now! http://spiderman3.msn.com 10/23/2007 • Hillside Development Issue Page 1 of i RECEIVED 37607 From: Council, SloCity SLO CITY CLERK Sent: Tuesday, October 23, 2007 2:50 PM _. To: Cano, Elaina Subject: FW: Hillside Development Issue Honorable Mayor and City Council Members: The citizens of SLO who oppose Hillside Development do not deserve "death by process!! Refuse the applicants'continuance of the hillside issue. Vote now on the issue at the special hearing on October 23rd. You earned the trust of this town when you won election to represent us all. Ensure that there is a hearing on the issue tomorrow night regardless of any maneuvers to stall. No continuance and a definitive, loud and clear"NO"on the project. It is an affront to our General Plan and a desecration of our beautiful hills.Literally the future of this town is in your hands.Do the right thing. Jo Ann C.Wheatley 10/23/2007 ERECEIV:EDVENT URES RED FILE MEETING AGENDA October 10, 2007 DATE-1U -ATEM #—P CAO , Mr. Phil Dunsmore $ACAO FIRti aHEP i ATTORNEY �rPVd e;IB t COMMUNITY DEVELOPMENT DEPARTMENT •F!CLERK 0RIG F'OLiCE CHF ► City of San Luis Obispo ❑ DEFT HEADS R C 011., ! 990 Palm Street San Luis Obispo, California 93401-3249 T HR r' X 7A0 ec YCho V- e lEe-h- Re: Clarifications and Modifications/Amendments to Applications For Annexation and Subdivision -VTTMap#2827; City Application No. 4-05; Sydney Street Dear Mr. Dunsmore: Please accept this letter on behalf of the owners/applicants, Mr. and Mrs. King, and as a summary of the meetings and discussions we have had since the Planning Commission's review of the 'East Side Annexations' this past July. We would request that your transmittal to the City Council include.a clear presentation that we, along with the other 3 applicants, have requested the City prepare an EIR to fully analyze the applications submitted some 3+ years ago. The submittals made and hearing this past summer at the PC were for this very matter. Contrary to the hyperbole offered by opponents, no annexation or approvals were under consideration, nor are they being requested of Council. We are seeking the City's logical progression in evaluating the pros and cons of annexation and development of the respective sites In direct response to the Planning Commission's comments, neighborhood concerns and issues raised by staff, we are offering the following clarifications and modifications to the proposed annexation and subdivision of the King's property to more closely reflect potential resolutions of these concerns: • Modified Building Envelopes and Road Alignments are staked in the field • Expansion of the SLO community above and beyond the 460' elevation can be balanced with sensitive hillside development and minimum visual impacts King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805544-4444 805 544-5637 FAX Donsmore Correspondence Sydney Street Annexation-Tract 2827 October 10,2007 Page 2 • Placement of the proposed Sydney Water Reservoir is not visible from the surrounding neighborhood • The Sydney Water Reservoir access road meets fire and utility access standards without encroaching in the creek channel to the west of the road alignment • The proposed road running east-west between Sydney and Alrita Streets can be designed to capture hillside storm water runoff and direct it to city storm systems, reducing impacts of flooding existing residences • Lots#11 and #12 have been consolidated in a single Lot#11, located above the existing residence, eliminating impacts to tree clusters and the upper reaches of drainage courses • The road extension between Sydney and Alrita avoids fill in designated creek channels and respects the free flow of habitat along these corridors • Restrictive Architectural Standards (that can be refined based on Visual Analysis conducted with an EIR) will keep new residences lower in profile and more consistent in color and landscaping compatibility with the established neighborhood • General Plan policy concerning road and utility connections in this area can be better achieved through annexation and development of these lands within the City of San Luis Obispo • Modified Building Envelopes and Road Alignments are staked in the field The placement of stakes on these alignments and at the centers of proposed building pads confirm that the development has been designed to respect natural land forms by following the natural contours of the land. An exhibit is attached that includes a numbering system for the stakes, so it is possible to walk the proposed project while visiting the site. This staking also confirms the suitability and placement of the modified number of sites (11) and access road now proposed for the King subdivision. This staking should assist in the visual analysis anticipated in an EIR. • Expansion of the SLO community above and beyond the 460' elevation can be balanced with sensitive hillside development and minimum visual impacts The lowest elevation on the King property is 470' msl. The entirety of the site is above the 460' contour limit line, which was and is the product of water service and fire fighting limitations in this specific area. These limitations can be addressed by the new Sydney Water Reservoir. Its placement could permit residential encroachment up the hillside to the 650' elevation and meet water service and fire flow requirements. We submit the expectation that city-managed growth would extend beyond the 460' limit line was and is addressed both in the General Plan and the SOI Update of 2003-04. The balancing of visual impacts, geology, slopes, drainage and other questions raised are supposed to be analyzed in an EIR before an informed decision can be made on annexation and/or development approvals. Dansmore Correspondence �J Sydney Stmt Annexation-Tract 2827 October 10,2007 Page 3 • Placement of the proposed Sydney Water Reservoir is not visible from the surrounding neighborhood The reservoir plans now describe placement of the tank in a saddle occurring behind the ridge line rolling down the upper slopes of the King tract. The vertical location of the tank was analyzed with the objective of maximizing the number of residences within the existing Alrita neighborhood (Zone 14) that could convert from a pressurized water system to a gravity-fed system. We identified elevation 750' with Utilities Department staff to achieve the optimum balance between gravity service to the most residences possible. The tank placement can be further improved with slight recessing of the pad site within the hillside (through retaining walls and slopes) and additional landscaping to further hide the tank from view. Existing trees and the natural contours make this location suitable for this type of installation. • The Sydney Water Reservoir access road meets fire and utility access standards without encroaching in the creek channel to the west of the road alignment The access road designed for the Sydney Reservoir has a maximum slope of 20%. This access road has been designed to eliminate any fill or encroachment into the unnamed channel to the immediate west of this access road. This road would also serve to provide day-today access for hikers to the open space and city buffer areas above the King subdivision, and serve as a vital access for fire protection services should it be needed in the future on the hillsides east of these annexation projects. The reservoir placed at elevation 750' also supplies fire flow at 1500-2000 gpm pressures desired by the fire and utilities departments for any structures up to and including the 650' elevation, dramatically enhancing fire fighting capabilities in these water zones of the community. • The proposed road running east-west between Sydney and Alrita Streets can be designed to capture hillside storm water runoff and direct it to city storm systems, reducing impacts of flooding existing residences This road can be designed to intercept some storm runoff water from the hillsides above and redirect captured water to city storm drainage systems, reducing downstream flooding. Runoff management for proposed residences on Lots #1-2-3-4-10 and 11 can be directed to this road. Homes on the downhill side of the road (Lots#5 thru #8) can direct impervious surface runoff to retention areas on site (or sump pumps for off-site evacuation) so that flooding can be less of a concern for neighboring residences. Impervious areas on Lot#9 (and possibly#10) can be captured and directed to city storm systems in Sydney Street via pipes running through their shared driveway to Sydney Street. i ' Densmore Correspondence � J Sydney Street Annexation-Tract 2827 October 10,2007 Page 4 • Lots #11 and #12 have been consolidated in a single Lot 011, located above the existing residence, eliminating impacts to tree clusters and the upper reaches of drainage courses This consolidation of lots will eliminate impacts to existing trees in both locations, and avoid interfering or modifying existing drainage patterns in these established areas. The attached exhibit describes this change, resulting in an overall reduction of lots proposed for Tract 2827 by one. • The road extension between Sydney and Alrita avoids fill in designated creek channels and respects the free flow of habitat along these corridors Site visits with your Natural Resources Manager aided in identifying the areas of our site where "creeks" governed by city policy began and end on the hillsides. The attached exhibit describes the locations where natural vegetation, soils conditions and surroundings identify the points at which the runoff gullies of the hillsides transition into higher quality creek channels. The proposed crossings of the Sydney-to-Alrita road at these 2 channels has been placed to avoid disturbance to the more established "creeks" in these locations. The attached exhibit describing in detail the plan and profile design proposed for the more significant (easterly) crossing confirms that we will be able to provide a more natural appearing fill condition (more slope banks following the contours and reducing retaining walls) facing the lower existing neighborhood. This design provides more opportunity to establish and maintain landscaping that will make the fill virtually invisible to most neighbors. • Restrictive Architectural Standards (that can be refined based on Visual Analysis conducted with an EIR) will keep new residences lower in profile and more consistent in color and landscaping compatibility with the established neighborhood We have discussed implementing special and more restrictive zoning and architectural standards for the residences permitted on the eastern annexation areas between Sydney and Alrita Streets as a means to further reduce visual impacts of the project as contemplated. We see those standards including requirements along the lines of: ❖ Height limits paralleling the slope of land ❖ 25' limits above any point of natural grade ❖ 35' limits for any single elevation or building plane ❖ Overall gross building area limits unique to each lot/building envelope ❖ Reductions in upper floor building areas (reduce massing) ❖ Considerations for detached garages and structures to minimize the feel of`compounds/clusters' and reduce site grading Dnnsmon;Correspondence Sydney Street Annexation-Tract 2827 October 10,2007 Page 5 ❖ 6' limits on retaining walls without landscaping ❖ 12' limits on retaining walls with landscape buffering ❖ Color selections to respect hillside hues (browns and greens) ❖ Material selections to maximize fire resistance and foster neighborhood compatibility ❖ Perimeter wildland fuel management and ornamental landscaping standards that achieve enhanced fire protection ❖ On-site storm water detention/retention and conveyance features ❖ Prohibition on secondary/granny units • General Plan policy concerning road and utility connections in this area can be better achieved through annexation and development of these lands within the City of San Luis Obispo An undue amount of comment was made at the Planning Commission meeting suggesting that the annexation sites should remain permanent open space, and failing that, development in the county would serve to retard density to a greater degree than annexation would allow. This is classic 'nimby' thinking and is contrary to the policy direction of the General Plan in this speck instance. This thinking is also short-sighted and, with due respect, not in the best interests of the citizens of the City of San Luis Obispo. Our site includes 5 subdivided parcels of record. Under County rural lands designations, this allows 2 units per lot for a total of 10 residential dwelling units. The proposal as modified and presented for CEQA consideration calls for eleven (11) total residences (no secondary or second primary units would be allowed). This 10% increase in density is very modest, and would achieve the following substantial benefits to the city at large and the adjoining neighborhoods in particular: 1. Dedication of some 56 acres of hillside lands, at no expense to the city or public, identified as part of the City's long range community buffer program. 2. Construction of a +/-280,000 gallon water reservoir to provide gravity water service to the annexation sites, plus at least a dozen existing City residences now served by mechanical pressurized systems. In the event of power outages or backup generator failures, these homes would have no water supply. 3. Addition of a 4-hour+ source of fire fighting capacity, improving fire fighting capabilities up to elevation 650' (that is not subject to electrical malfunctions) for these neighborhoods. 4. Creation of an enhanced wildland fuel management area with an emergency vehicle access road loop between Sydney and Alrita Streets. Dunmore Correspondence Sydney Street Annexation-Tract 2827 October 10,2007 Page 6 5. Protection and enhancement of storm water runoff management, reducing uncontrolled runoff and thereby reducing downstream flooding problems. 6. Most significantly — Control over development planning and implementation. Leaving this to the County will eliminate utility connections, fire storage, certainty over open space buffers and public stewardship of these lands, and special design and architectural standards otherwise available within the city. Thank you for receiving this information and sharing this with staff and Council members prior to the October 23rd hearing. We look forward to the opportunity to continue the analysis of these applications. n rely, David Watson, AICP cc: John King SYD&Y101007 user:l6J Lend Oes�(oo IISLOVAI&rI,IsRor I"SIII.00P9.IIOOAWGSI»Ll,M ign-LI.OR379Tm.dq fry M 10177,J 01 , I vitIt00007o J / � 111� � I rp - ,I / \ �� it tr / ! / _ I • I ' � t �� � 1r ��� x f 7 r I i I ++ • z S I ' I \ �d !f, . OFIZ / \ g e 29 q10 1 9 f 3 CONCEPTUAL ROAD & BLDG PAD LAYOUT v o 3a':Pc� �i � 8 $ !> . 1 a3 a^ gi$"a:: €; 445; a 83 +; 44 a n d`.3o.d:�-' 3y $<?x xpa ;1c.y --3$ "i R cc V v o Q .3r; : ; . w:� .a. ewe pxx a sg. T FIT AND KING o to O ?iii ; a S8 1Se i a_ ,eve YYm' YY•S 5,$ .� s••; �.8s_ S Qs• 3sox; "s""a; i:�:x i.l:g5 °R SYDNEY STREET, SAN LUIS OBISPO ry xoos-x\mso\u�sr+�Ys�-us•w.x'rn,c.�w�w�.*.+s+,u�.�xsoi.re wr•¢m���.mm xaw�.�+sw s P � P � s O l 1 o � � W CD � o a o ' d - b n 5. 0 n a O O O O O E Y Y Y Y \ \ \ ^/ Aj Nj E I r �.... I 1' ti oo I • / rnl 0i I I I `1 111 'S I C I i I 1 I I I I 1 / I oil a _ O � i ° E i E i i Y i i \ N, I B \ \ I � � m a I \ \ P � n it �` I O ag m I ~ I \ I Adl !e O O O O O O O O • Ai�I� ININS I 1�I ��j I I i ♦ �I i�' , ♦ •ray � � ;,,'- ✓1-"�r. ���',Q� �� I II �♦ 11 .E I.�� mil► '� —� ` � `� _ •.M���L�� ���j Ii� � � II�� �� pGj�0 -ice• — -- �—,:; � •��I:. OR "rri.y.I ♦ X110 1 �� ii ♦��i�� a - . Y� - •' ��•�.�'♦jam I� ` fi � �� II* I��i ♦♦� I �, ,,I � .- �♦ '�!: �:('' - ----���� ���� ' II�`I�� .��Ij VIII I I�,���,�I�♦ ,� -- gip.' !�., ' s��. , �`��I��ta1�j�,,: �������';`♦j��jl ��II'��'�,��% +r'e.; .. ! , ►.� '?s Aa�\ :'9r + , �% '� ���OHO♦�� � , ��►�i,, •�O�,� A,�.,,��� ���: ♦ ♦♦♦ . �� ♦ �� � iii rl law 107 soon 'N �' � ;_�� �,�'ray,/�������J��' �� ♦ �� �^ ` ►I-�►�I y H \ sORMNNA \ 11 l -r ► ► ' - Page 1 of 1 RED FILE MEETING AGENDADATE RECEIVED Hooper, Audrey From: Hampian, Ken OCT 2 3 2097 Sent: Tuesday, October 23, 2007 12:06 PM 0 CITY CLERK To: Hooper,Audrey; Cano, Elaina COUNCIL C�`CDD DIR J5 CAO 2'FIN DIR Subject FW: No Continuation on Hillside proposals J9 ACAO FLICE E CHIEF ATTORNEY DIB CLERK/ORIO CHF Redfile, please. ❑ DEPT HEADS Ci-REC.DIR ti --7 TIL GRIR 10 From: Alan Thomas [mailto:ajt2002@pacbell.net] Sent:Tuesday, October 23, 2007 12:03 PM 7E eo+d r e-cee.r— To: Mulholland, Christine; Romero, Dave; Allen Settle; Brown, Paul; Carter,Andrew Cc: Hampian, Ken; Dietridc, Christine Subject No Continuation on Hillside proposals Members of the City Council: I oppose allowing a continuation of tonight's meeting on the Hillside development proposals for the following reasons: • The applicants have not provided any viable reasons for the delay. The letters they submitted only make vague complaints about the process,which they themselves have been managing. . The neighbors have invested a lot of time,energy and money in this process with the assumption there would be a decision made by the city council at this meeting. To ask for a continuation at the last second is inappropriate and disrespectful of the neighbors and other interested city residents. . A continuation would result in a large waste of time and money spent by city staff in preparing for this meeting. o The applicants have not asked for more time to change the projects,so why the delay? If they plan to make major changes,they should just withdraw these proposals. . There has been plenty of time to review the staff report(it was issued on October 16th) . Not agreeing with the staff report is not a valid reason for a delay. Also,the changes suggested in the staff report have NOT been approved by the council. Until that would happen,there is no reason to act on them,so why do they need extra time BEFORE this decision is made? . There has been ample time for the applicants to make changes after the planning commission meeting. The applicants were also frilly aware of all the problems with these proposals as outlined by the planning commission and city staff,yet they decided not to make any significant changes before bringing them directly to council. They should have to live with that decision. . There should have been neighborhood meetings a long time ago. The fact the applicants decided to hold these meetings at the last minute is their problem . Asking for an FPPC ruling on Dave Romero's conflict situation is a purely political maneuver that is inappropriate for the applicant This is a decision for Mayor Romero to make based on the city attorney's advice. He's aheady made that decision. I will submit this list for the record at tonight's meeting. Thanks, Alan Thomas 10/23/2007 W Residents for Quality Neighborhoods P.O. Box 12604 •San Luis Obispo, CA 93406 RED FILE RECEIVED MEETING AGENDA o �a DATEJ 942,3k ITEM # r TCOUNCIL CDD DIR OC I 2 ?�n7 - - `® CAO ;FIN DIR $1 ACAO �' FIRE CHIEF SLO CITY CLERK Z ATTORNEY COPW DIR DATE: October 22, 2007CLERK/ORIG g'POLICE CHF ❑ DEPT HEADS Rc"C DIR TO: San Luis Obispo City Council ,gyp U� UTIL DIR aZ HR DIR VIA: Hand Delivered sr CCezK RE: Consideration of Requests to Annex Property into the City and Amend the General Plan Map for the Sunny Acres, Sydney Street, Fairview Estates and Harmony Way Projects (GP/R/ER/TR 135-06, 4-05, 126-06, 142-04) Honorable Mayor and Members of the City Council, Discussion of the four development proposals in the Staff Report revealed several constraints requiring mitigation: steep slopes (most over 20%) that require significant grading, soil instability which requires added grading and fill with more stable material, drainage and potential flooding and landslide problems, wildfire concerns, access difficulty for fire vehicles, and disruption to the viewshed. Area residents echoed these concerns, plus traffic, liability and loss of wildlife habitat. Implied, but not stated, are the effects underground springs have on the hillsides. Over 50 home sites are proposed for these properties. Roadways, water lines, sewer lines, electric and gas lines must be provided to each site. That's a lot of grading and filling on unstable soil, a substantial disruption to established drainage patterns, and a significant replacement of permeable soils by hardscape. Based on information contained in the staff report and observations of residents who live adjacent to the developments being proposed, Residents for Quality Neighborhoods recommends and requests that you take the following actions. 1. Maintain the Urban Reserve Line (URL) at its current 460-foot level. Precedent exists in this area for development within the city limits, but slightly above the URL; thus, proposed lots that conform to the City's General Plan Land Use Element policies can be developed without moving the URL. 2. Deny use of a ten-foot tall retaining wall to support a roadway. Initial plans call for a ten-foot tall, 250-foot long retaining wall to secure a proposed access road on the Sydney Street property. The disruption to the ecosystem and the visual impact of such a structure would be significant. 3. Sunny Acres. In accordance with Land Use Element 6.2.5, allow development only on that portion of the property with a slope of less than 15%. If October 22, 2007 Page 2 Re: Consideration of Requests to Annex Property into the City and Amend the General Plan Map for the Sunny Acres, Sydney Street, Fairview Estates and Harmony Way Projects (GP/R/ER/TR 135-06, 4-05, 126-06, 142-04) no such parcel of sufficient size (6,000 square feet) exists, deny the project. If a water tank is to be placed on the property, move it to a lower, more inconspicuous location (this presumes that upper lots will be eliminated due to excessive slope). 4. Sydney Street. In accordance with Land Use Element 6.2.5, allow development only on that portion of the property with a slope of less than 15%. If no such parcel of sufficient size (6,000 square feet) exists, deny the project. If it is later determined that a water tank must be placed on the property, put it in an inconspicuous location. 5. Fairview Estates. Since none of the property has a slope of less than 15%, deny the application and eliminate the water line proposed to traverse the property from the Sydney Street project to the Harmony Way project. Approve further exploration of transferring development potential to another area, one that does not possess the development constraints of this parcel. 6. Harmony Way. Although the property is shown to have gentle slopes of less than 15% (thus meeting this development standard), the open space allocation is less than required and there is no on-site plan to furnish water to the residential lots. Also, residents on the north side of Southwood Drive have expressed concerns regarding development on this parcel: Harmony Way is an alley, not a roadway, and there is insufficient maneuvering space for fire vehicles to drive up Sequoia Drive and turn onto Harmony Way; during the last wildfire, fire trucks parked in tandem on Sequoia Drive and pumped water from vehicle to vehicle in order to put water on the fire; and, a drainage problem exists which funnels water to a property across Southwood during heavy rains. a. Recommend site configuration be reviewed and modified to provide better access for firefighting (the proposed cul-de-sac may not be a safe configuration in the event of a wildfire) and the required amount of open space be provided. b. If the Fairview Estate project is denied, recommend the applicant be required to provide a water tank for this project. In summary, looking at the development policies of the City and the County, it would appear city residents are better protected from drainage, flooding, erosion and landslide problems and loss of wildlife habitat and viewshed by leaving these parcels in the County. Respectfully submitted, J�reit?i Azlv� Brett Cross, Chair, RQN c. Ken Hampian R RED FILE i�i1911IIIGIIIIIi���"I ���� ebl�N�iC MEMO IV�l�M AGENDAMEETING DATE W6L ITEM # I October 22,2007 RECEIVED OCT 2 3 1007 TO: Mayor Romero and City Council SLO CITY CLERK VIA: Ken Hampian,City Administrative Ofcer rB�MTTCRNEY UNCIL T coo oIR C [ZFIN DIR John Moss,Utilities Director RO FIRE CHIEF PLN DIR FROM: Dan Gilmore,Utilities Engineer Iff CLERK/ORIG J; POLICE CHF ❑ DEPT HEADS r,- AEC DIR LML SUBJECT: Water Service Issues with the East Side Annexations ® Ti¢r�ti 4-0 Rio RR -f ee�•.,.a,� The following has been prepared in response to councilmember Andrew Carter's questions f e�o regarding water service to the East Side Annexations. The responses are general in nature, and can be made more specific to particular properties or individual projects,as needed. Q: llrth respect to the County property, there is a water tank directly above it and neighbors on each side of the property, within the City, above the 460'line, have public water. Also, with respect to the County project, given the fact that there is a City water tank directly above the project, what prevents "gravityflow"water from being provided? A: The new Bishop Water Tank is at the same elevation as the old Bishop Water Tank. Although it is bigger,and has significantly more storage,the pressure it provides to the area it serves has not changed It takes about 100 feet of elevation difference to develop around 40 psi. This is the minimum pressure we strive to provide at every water meter. The water surface elevation of the Bishop Tank is around 550'. This results in water pressure of about 39 psi at the 460' elevation. Friction and other minor losses in the water distribution system translate into slightly lower pressures as you move farther away from the tank. It is true that some homes exist in this area above the 460' elevation Some of these properties are outside the City limits and the Urban Reserve Line. Those within the City limits h1ely have City water service. Outside the City limits,they would have their own well(s). Those on City water service have minimal water pressure,and may or may not have private booster pumps. The Uniform Plumbing Code requires a minimum pressure of 15 psi at the highest fixture,which sometimes dictates the need for a booster pump. Booster pumps ane not a preferred solution, since power outages will render them inoperative. Q: With respect to the Harmony Way property, neighbors at approximately the same height directly across the street have public water. A: The Harmony Way residents all receive water service from their frontage on Southwood, which is substantially lower than Harmony Way. Currently, there is no water main in Harmony Way. Due to the difference in elevation, the pressure at their water meter is greater than the Council Memorandum East Side Annexations—Water Service Issues Page 2 water pressure in each of the homes. The proposed home sites on the north side of Harmony Way may be possible with individual booster pumps. However, placing private booster pumps on a system with minimal pressure has its risks. Most modem pumping equipment has low pressrun shut-off protection, to prevent pumps from running when there is insufficient suction pressure. Low suction pressure can cause pumps to overheat and can cause cavitation of pump impellers,both of which can lead to premature wear and failure of the equipment. Also, as stated above, private booster pumps require electricity, and will not operate in a power outage without standby emergency power. Q: To what extent are the County property and the Harmony Way property truly dependent on the water tank proposed on the King property? A: From a technical perspective,there are engineering solutions that would allow each of the four development proposals to progress independent of each other. From an economic perspective,City ownership of the necessary facilities would result in certain costs that would be shared by other water customers,as described below. The following excerpt from the City's General Plan addresses hillside development in the Goldtree area: C. The Goldtree area extends up the hill from the Alrita Street neighborhood. This is a minor expansion area which can accommodate single-family houses. 1. In addition to meeting the usual criteria for approving minor annexations, this area should: i. Provide a gravi y4low water system giving standard levels of service to all developed parts of the expansion area and correcting water-service deficiencies in the Atrita Street neighborhood; ii. Cornu downslope drainage problems to which development within the expansion area would contribute. iii.A development plan or specific plan for the whole expansion area should be adopted before any part of itis annexed,subdivided,or developed. (Existing houses inside the urban reserve line need not be annexed along with any new subdivision_) iv.All new houses and major additions to houses should be subject to architectural review. The policies contained in this section of the General Plan have guided our approach to water service in these areas Specifically, the projects should not only "provide a gravity-flow water system giving standard levels of service to all developed parts of the expansion area,"but should also "correct water service deficiencies in the Alrita Street neighborhood" This provision was included since the Alnta Hydnopneumatic Pump Station was always intended to be a temporary facility. Since it became apparent that there was a need for this facility to become more permanent, a new pump station replacement project was budgeted and implemented The new pump station is currently about 90'9/6 complete. While the need to "coned water service deficiencies" has been eliminated with the construction of the new pump station, it is still possible that the facility be converted to a more conventional pump station feeding a tank that would serve the entire area by gravity. Council Memorandum East Side Annexations—Water Service Issues Page 3 The applicants for the four subdivision projects have been directed to seek a regional,or mutually beneficial, solution to the water service issues. The primary driver behind this direction is cost. From a stewardship standpoint, Utilities would prefer to own and maintain a single tank and pump station serving all the eastside annexation areas. The alternative would include up to four smaller tanks and pump stations that would each serve just a handful of lots. The maintenance costs for these facilities would exceed the water service revenues generated by the customers that they serve,resulting in a subsidy by our other water customers. A single tank could also be located somewhere other than the King property. However, the site included in the most recent proposal has several distinct advantages. It is relatively hidden, accessible from Sydney Street, along an existing access road, and at a good elevation to provide the proper range of water pressures. It is ldcety the only site that has all these features. Utilities has worked with the developers in seeking acceptable solutions to any water and wastewater service related issues they may have, independent of other considerations including general plan policies. We have done so following direction from Council relative to inclusion of these properties in the City's sphere of influence. If you have any additional questions regarding water and sewer service to these properties,please don't hesitate to call Dan Gilmore at extension 208. &YANa 2C ouNCIL °CDD DIR RECEIVED CAO PIN DIR ACAO PIRE CMIEr ATTORNEY PW OIR OCT 19 2007 CLERK/01110 POLICE CHF ❑ DEeT HEADS Aeo DIM SLO CITY CLERK October 16, 2007 UTIL 010 Fife BIR Mayor David Romero CITY OF SAN LUIS OBISPO RED FILE 990 Palm Street San Luis Obispo CA 93401 MEETING AGENDA DA ITEM #...L RE: FAIRVIEW ESTATES ANNEXATION Dear Mayor Romero, __..... I wish to support the project of the Filipponi and Twisselman families for annexation of the Fairview Estates..I have known these individuals since our 1950 college days. They are outstanding members of the-community and good stewards of the land. The prevailing philosophy that," I have mine and you can't have yours" is selfish and unreasonable. Property owners should-have the•rights to do what they want with their property. This project will be an asset to the community and it has my full support. Dan W.Peterson, DDS Pace'l of 3 i From: Carol Rich [CRich@liveeyewear.coml ., 7 Sent: Fri 10/19/2007 1:05 PM To: Cc: Subject: FW: Hillside Developments-above Johnson Ave.and Harmony Way Attachments: Re: 1925 Sydney Street. ANNX, GP/R,TR and ER 4-05: 1854 Sydney Street ANNX, GP/R,TR and ER 126-06: 1700 Harmony Way. ANNX, GP/R,TR and ER 142-04: 1600 Bishop and 2220 Flora Streets. ANNX, GP/R,TR and ER 135-06: Dear Vice Mayor Settle- I think I know where you stand on this issue, but.I am sending this to all Council members. I know that you are acquainted with my Father, John Evans. Thank you for your years of service to our community. Letter as sent below: - Weare writing to express support for the Planning Commissions recommendation on April 25th regarding the project annexation proposals listed above. As residents of the area, we are very familiar with the dangers and problems that will arise should these developments be allowed to go forward. In the broader picture for San Luis-Obispo, we are just as concerned with the notion of changing the Urban Reserve Line and violating our General Plan for the benefit of a few. In our opinion this sets a dangerous precedent! We as a city need to make a decision to hold our 460 foot.limit line and make it clear to all developers in the future. Being consistent and not making exceptions for any reason seems like the logical path. The existing urban reserve line has served a very useful purpose so far. Our beautiful undeveloped hillsides are key in making San Luis Obispo special- Not only for our residents, but for people who may consider visiting. Tourism is one of our largest tax revenue bases! As far as specifics, in Phil Dunsmore's Planning Commission Agenda report for 1925 Sydney Street, GP/R, ANNX and TR/ER 4-05 and 0 Fairview (1854 Sydney Street), GP/R, ANNX and TR/ER.126-06- here is some additional information that underscores the concerns identified in the Reports. As residents of the area, we are very concerned about the impact a development of this scale, especially the proposed water tank, will have on existing homes. In addition to the creeks identified in the Reports, many existing residences in the area contain underground springs that are just below the surface of the ground. These springs have caused varying water intrusion and moisture problems for homeowners. In particular, we are aware of one home that-had one of its piers https:Hmail.slocity.org/exchange/asettle/Inbox/FW:%20BIlside%20Developments%20-a... 10/19/2007 - Page 2 of 3 undermined by an underground water source. When we bought our own home on EI Cerrito- my husband had to immediately take on the task of digging up our backyard to install a French drain to deal with the virtual creek running through our garage! In addition, during the last EI Nino period in the late 1990s, homes in the area were flooded by the enormous quantity of water that ran off the hillside. Further development on the scale described in the Reports appears to pose a serious danger of increasing the risk of damage to existing residences by altering the existing underground water sources and disrupting the existing ecological and geological balance. Wildland Fire Hazard. The Report states that the area is known for "significant wildland fire risk."This is a real danger. Area residents remember well the wild fire that broke out several years ago and endangered several homes in the vicinity of the proposed projects. Viewshed Conflicts. The City recently built new water tanks adjacent to the proposed projects, located behind the old General Hospital. These City water tanks sit at a much lower elevation than the new water tank proposed by the projects (presumably the City tanks are below the current 460 foot limit). The City water tanks are an eyesore and can be viewed from many sites around the City, both near and far. Additional development on the steep slopes in this area would only compound the problem, especially if the proposed 255,000 gallon water tank is added at the 700 foot level. It is also interesting to note that the proposed site of the new water tank appears to be in the general location of a highly visible, giant star that was illuminated during the December holidays for many years by the previous property owner.It seems ironic to replace such an attractive holiday symbol that was enjoyed by all City residents with a water tank. Housing Policy. The proposed lots are located adjacent to existing residences that are among the most expensive in the City.The new homes proposed for these lots clearly will be luxury homes. The housing crisis in San Luis Obispo is well documented and will not be ameliorated by building additional homes in this category. Before taking the drastic step of changing the Urban Reserve Line to allow for new housing, the City should focus on encouraging high density and in-fill residential projects designed for more moderately priced homes. Perhaps the City and County can work together to turn the lower elevation General Hospital lots over to a housing non-profit to build work force housing. We have to wonder why the County is more interested in improving their land and selling for profit. We also ponder whether this type of practice violates County Land Use Policy. Please do what is right for our community and deny proceeding through the entitlement process and subsequent ER's for any of these four proposed developments. Thank you for your time and consideration. Sincerely, Ted and Carol Rich https://mail.slocity.org/exchange/asettle/Inbox/FW:%20Hillside%20Developments%20-a... 10/19/2007 Page 3 of 3 2832 EI Cerrito San Luis Obispo, CA 93401 805.788.0201 crich@liveeyewear.com tedelou@sbcglobal.net https://mO.slocity.org/exchange/asettle/Inbox/FW:%20F illside%2ODevelopments%20-a... 10/19/2007 Page 1 of 2 From: Jacquelyn Wheeler Dcwheels@pacbell.net] Sent: Fri 10/19/2007 1:57 PM To: To: mromero@slocity.org; cmujlholland@slocity.org; Carter,Andrew; Brown, Paul; Settle,Allen Cc: Subject: Johnson Ave Projects Attachments: To All San Luis Obispo City Council Members: I live at 3303 Barranca St in a home my husband and I built in 1987. The Harmony project would have a profound and negative impact on us and our neighbors on Harmony. We are adjacent to the driveway which currently goes to the Brown house. Not only would our view be forever negatively changed but we would have the dust, dirt, and noise generated by construction for possibly years to come. Mr. Brown owns a contruction company. In the past he was sited by the County for improperly dumping dirt that he excavated from city lots onto this county lot. What is to prevent him from doing the same thing again? He was also cited for violating other county rules by having excessive amounts of debris and nonfunctional rolling stock. He has not proved to be a good neighbor. In addition, my understanding is that he is also requesting that his current residence be annexed. It clearly is higher than the URL. Currently he may be experiencing lack of water in his wells. This project not only guarantees him huge development profits but also will provide him with city water. At what cost is this to the taxpayers of San Luis Obispo? The City of San Luis Obispo should never have accepted any of the proposed development applications. They are all in some way contrary to the General Plan. If anything like this was going to be considered, it should be done when the next General Plan is revised. It should not be done in this piecemeal manner. I am writing to ask you to deny the proposed hillside developments behind General Hospital, the King Ventures Project, the Filipponi/Twissleman Project, and the Harmony Project. Much research has taken place by the City Planning Staff and the City Planning Commission as well as citizens of the City who are vehemently opposed to this project for many concrete and viable reasons. All have recommended denying these projects because they do not follow any of the development rules approved by the City Council as part of the General Plan for the City The hillsides are extremely steep. One only needs to stand near the areas of proposed development to see how incredibly dangerous it would be to build above the current URL(460 feet), not to mention the precedent that this would set for future development on our incredible, scenic hillsides throughout the city. Many tourists come to our city to enjoy the scenic open space areas on the surrounding hillsides. The planning that is taking place at this point has already cost the citizens of this City an https://mail.slocity.org/exchange/asettle/Inbox/Johnson%2OAve%2OProjects.EML?Cmd=... 10/19/2007 Page 2 of 2 unnecessary tax burden and work load on the City.staff. These projects require moving the URL well above 600 feet, and they do not follow the rules established in the General Plan or the hillside building constraints approved by the City Council . I encourage all of you to deny proceeding to an EIR, which will cost the City even more money. We are wondering why these projects have been allowed to go this far in the planning process. Jacquelyn Wheeler San Luis Obispo https:Hmai l.sloci ty.org/exchange/asettle/Inbox/Johnson%20Ave%20Projects.EML?Cmd=... 10/19/2007 Debra Hinkle RECEIVED 1241 Johnson Ave., PMB 320 OCT 1 J �n97 San Luis Obispo, CA 93401 SLO CITY CLERK October 19, 2007 Mr. Allen K. Settle, Vice Mayor 990 Palm Street San Luis Obispo, CA 93401 Re: 1854 Sydney St. Project 1925 Sydney St. Project 1600 Bishop St. Project 1700 Harmony Way Project Dear Vice Mayor, I am writing to ask you to deny the above four proposed projects. I have attached a 5-page summary of my views on all the projects. I prepared this package (with help from my friends and neighbors) to highlight the generic reasons for denying the projects. This information is truth for the hillsides in San Luis Obispo, not just for one project or hillside. Before you view the package, I would like to share my very personal views on the two projects that would most affect my family and me. I am specifically referring to the two projects listed above in red--the Sydney Street projects. I live on El Cerrito Court and I am extremely worried about the safety of my family, neighbors and my home. I haven't had a good night sleep since the survey poles were driven into our unstable hillsides. A few of my top safe concerns are: • Landslides • Mudslides • Fire hazards • Water runoff and erosion • Serpentine Rock formation slippage (it contains chrysotile asbestos) • 12,000/135,000 Voltage Power Lines I urge you to DENY the proposed hillside developments by following the San Luis Obispo General Plan: • Directing development away from areas with hazards • Keep open San Luis Obispo's steeper, higher and most visible hillsides • Protecting scenic hillside areas and natural features (rock outcroppings and steep slope areas—backdrops for the community • Uphold the open space green belt at the edge of the community • Avoid large, continuous or prominent walls, poles or columns In closing, I would like to thank you for time it will take to read this information. I tried to keep it short imaging the volume of information that you have already received from numerous residents. Sincerely, Debra Hinkle JUST SAY TO ALL ❑ REQUESTING ENVIRONMENTAL IMPACT REPORT ( EIR) ❑ ANNEXING LAND ❑ MOVING URBAN RESERVE LINE ❑ CONSUMING OPEN SPACE ❑ INCREASING FIRE DANGER ❑ INCREASING OTHER HAZARDS ❑ DAMAGING WILDLIFE AND ENDANGERED PLANT SPECIES . . . .... _ - TOURISM and VIEWSHED Million Tourism for SLO County including : 1 Local and State r �✓��^ l r't- K il.� l�}LY 1 fir: People come here for many reasons. major area's rr beauty. can'tIf we destroy it, we / back and fix it. • County Local Hazard Mitigation Plan, 11/05,P.13 FIRE HAZARD ® SLO County has one of the worst fire environments in CA. 0 15 . , r�xmuomo aOMM i`�l'"r rrswr� v 1 l l -�n. �A Ty�1 .tfiL aur.rr �y.11Prt.�.m• fY1.�CP� ® Large damaging wildfires : ■ 1985 Las Pikas (12 homes, 75K Acres, $1.2M property) ■ 1989 Chispa (4 homes, 10K Acres, N$.3M property) ■ 1994 Hwy 41 (42 homes, N50K Acres, $10M property) ■ 1994, 96 Hwy 58 ("107 Acres, $1M damages) �;yp Cqu�ry IKrrl MernrO MIUyUaO Dlm.ILOS•V.15.36 — Tw I FLOOD HAZARDS RM PUAM MUMM swwuo5w0 *"&way Cftftw&M Soft F � COIM1►OFIIMMI{Od90 ANDrM gmreaiauru"m f* y ti Fa: