Loading...
HomeMy WebLinkAbout1/15/2019 Item 9, Lopes From:James Lopes < To:E-mail Council Website Cc:Odile Ayral; Allan Cooper Subject:Supplement to Appeal of 790 Foothill Project_Foothill Blvd Civic Defense Attachments:Supplement to Appeal of 790 Foothill to Council_CC_12-29-18.pdf Follow Up Flag:Follow up Flag Status:Flagged December 29, 2018 City Council City of San Luis Obispo, California Dear Mayor Harmon and Council Members: Please read the attached letter with important information for you and staff to consider and prepare for responses at the scheduled January 15, 2019 appeal hearing. Thank you for taking time to consider our requests. Sincerely, James Lopes, Odile Ayral, Appellants -- James Lopes Ph. 805-602-1365 1 1 Foothill Blvd Civic Defense December 28, 2018 City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE: Supplement to Appeal of the Planning Commission’s Approval of a Conditional Use Permit for 790 Foothill; File Number USE-1187-2017 Dear Members of the City Council: This supplement to the above-referenced appeal is in reference to appeal point no. 2 in the appeal letter of August 6, 2018. The supplement provides information about the visibility of Bishop Peak, contradicting Planning Staff’s impromptu comments at the Planning Commission hearing of July 25, 2018. Staff said that views of Bishop Peak are plentiful west of the subject site, so no particular view preservation through the project site is necessary. These comments followed our presentation that the iconic view of Bishop Peak is through the project site, due to its location at the Foothill/Chorro intersection, as shown below: View from Chorro Street at Foothill Boulevard Project rendering showing view blockage from the same intersection location 2 The photo images below were taken west of the project site on Foothill Boulevard. They demonstrate that views are substantially blocked, or very brief views occur west of the site as viewed from the westbound lanes of Foothill Boulevard. Two-story apartments and houses and dense tree cover obscure views in both R-1 and R-4 zoning. This photo evidence confirms that the subject site is the solitary complete viewpoint of Bishop Peak viewed from Foothill Boulevard from westbound lanes . No other location has this complete view with such clarity as the intersection with Chorro Street. The point of this supplement is to support Section 2 of the Appeal, that the loss of this view is environmentally significant according to the Conservation and Open Space Element (COSE). The COSE classifies Foothill and Chorro as a “moderate scenic road,” and it requires that any loss of a scenic view on such streets has to have a California Environmental Quality Act (CEQA) analysis with mitigation measures consistent with its requirements. The Staff propose that this project be exempt from CEQA as a residential infill project, meaning no environmental studies or measures are required. However, CEQA requires that an exemption cannot be granted if the project violates any general plan policy. We claim that the project violates the COSE and Circulation element policies on views, and therefore it cannot be exempt from review. This supplement transmits photos of the loss of views at the site which were not in the appeal letter, and the loss of these views must be studied professionally through a CEQA “initial study.” We ask that your Council use your discretion and have Staff correct their interpretations of State and City law, and require a full CEQA initial study, since this project does not qualify for a residential exemption. We again request that the City Council continue this appeal hearing until corrections are made to respond satisfactorily to this Appeal, to City General Plan and Zoning policies and standards, to State law and to maintain public health and safety. Sincerely, James Lopes Odile Ayral Appellants Enclosure: Photos of Bishop Peak 3 Photos of Bishop Peak West of the Project: Multi-family zoning allows two- and three-story development that blocks views. Similar two- story houses in R-1 zoning also block views. Combination of tall development and trees will block views of Bishop Peak. Higher speed limit allows faster traffic and less viewing time. This view of Bishop Peak is temporary since multi-family development is set back. This location is the single view of the peak for a brief time. This fall view shows how trees and two-story houses will obscure and block the view.