HomeMy WebLinkAbout12/18/1990, 6 - REFERENDUM - ORDINANCE 1179 - TRACT 1750 (411 I%1&WJJl city of san suis oBispo
REM NUMBER:
COUNCIL AGENOA REPORT
FROM: Pam o s, City Clerk
SUBJECT: Refer Ordinance 1179 - TRACT 1750
CAO RECOMMENDATION:
1) Receive and file. Certificate of Sufficiency, and 2) By motion, indicate support for
holding a Regular or Special Election for the purpose of voting to approve or deny
the Referendum against Ordinance No. 1179 (Resolution to call election to return
for Council adoption at a future meeting).
BACKGROUND:
On October 2, 1990, the City Council took action on a 3-2 vote, Councilmembers Pinard
and Roalman voting no, to give final passage to Ordinance No. 1179. This ordinance would
approve the planned development (PD 1449-B) of Tract No. 1750 commonly known as the
Edna-Islay Development Project to allow 353 residential dwelling units located off Tank
Farm Road, east of the railroad tracks.
As provided by State Elections Code 4051 et al, a Referendum may be filed within 30 days
prior to an ordinance becoming effective. On November 1, 1990, Richard Schmidt,
submitted a Referendum petition with the City Clerk to refer Ordinance No. 1179. The
referendum contained more than the required 2,569 signatures or 10% of the voters of the
City of San Luis Obispo according to the last official report of registration to the Secretary
of State, effective 10/09/90 recording a total of 25,690 registered voters. The City Clerk
examined the petition within 30 days prescribed by law and determined it to be sufficient.
As required by Elections Code 3707 and 3708, a Certificate of Sufficiency was certified and
the results are being submitted to the City Council byway of this report (Exhibit A).
State law requires that a Referendum petition qualifying with 10% of the required number
of voters of the City must be submitted to the next Regular Municipal Election (November
5, 1991) unless, for any reason, the Council chooses to submit it at a Special Municipal
Election sooner or repeal the Ordinance against which the petition is filed.
The Council will be considering the issue of holding a Special Election at its 01/02/91
meeting when it considers the "Water Action to Eliminate Rationing Initiative" filed by
Gary Kunkel, Steve Murphy, and Ron Manz. If it chooses the option of holding a Special
Election for this purpose, an election would be held not sooner than 88 days or more than
103 days after the Council considers that report. The election would be held between
March 31, 1991 and April 15, 1991 at which time the question to uphold or deny the
Referendum could also be voted upon..
If the Referendum is upheld by the voters, the property would remain in its presently
Q4jjj11A1j$ city of san suis oBispo
COUNCIL AGENDA REPORT
adopted zoning. The property owners (Pacifica Corporation) would have to submit a new
application in order to develop the property consistent with the current allowed land use,
Ar to request a change in the allowed land use.
If the Referendum is denied by the voters, the ordinance shall be deemed approved upon
the date that the vote is verified by the Council and shall go into effect 10 days after that
date. Adoption of the ordinance would amend the Zoning Regulations map to designate
an area on Tank Farm Road, east of the railroad tracks, as R-1-SP-PD and R-2-SP-PD
allowing some exceptions to density and yards as provided by the seven findings and six
conditions outlined in the Ordinance.
OPTIONS:
1. Receive and file Certificate of Sufficiency. By motion, support placing a ballot
measure at the next Regular Municipal Election to be held Tuesday, November 5,
1991 for the purpose of giving final passage to Ordinance No. 1179. (Necessary
Resolution(s) to return for final Council approval).
2. Receive and file Certificate of Sufficiency. Place Referendum at a Special Municipal
Election. Decision to hold a Special Election between March 31 and April 15 to be
made on 01/02/91 at which time other election-related issues will be heard by the
City Council. (Resolutions to call Special Election to be available at that meeting).
3. Repeal the ordinance against which the petition is filed.
FISCAL IMPACT:
An indepth report and analysis on the financial implications of the City holding its election
without benefit of consolidation will be reviewed on the 01/02/91 Council agenda.
The General Municipal Election including candidates� measures to be held November,
1991 is expected to cost approximately $35,000 - $40,000.
A Special Municipal Election to vote upon measures only could cost from $20,000- $30,000
depending upon the number of measures placed on the ballot.
Attachment:
Certificate of Sufficiency (Exhibit A)
,IIDIIII I ���� Cl of sAn lOBISPO
® 990 Palm Street/Post Office Box 8100 4� San Luis Obispo, CA 93403-8100
CERTIFICATE OF SUFFICIENCY
I, Pam Voges, City Clerk of the City of San Luis Obispo, California, hereby certify
that I have carefully checked the names on the initiative petition filed in my office on
November 1, 1990, reading in full as follows:.
"Referendum against an ordinance passed by the City Council, to the City Council
of the City of San Luis Obispo: Pursuant to Elections Code 4051, we, the undersigned,
more than ten percent of the number of registered voters in the City according to the
County Clerk's last official report of registration,hereby present this petition protesting your
adoption on October 2, 1990, of Ordinance No. 1179. The full text of the Ordinance is as
follows:
ORDINANCE NO. 1179 (1990 SERIES) - AN ORDINANCE OF THE CITY OF
SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO
DESIGNATE AN AREA ON TANK FARM ROAD, EAST OF THE RAILROAD
TRACKS, AS R-1-SP-PD and R-2-SP-PD ALLOWING. SOME EXCEPTIONS TO
DENSITY AND YARDS (PD 1449-B).
WHEREAS, the City Council has held a hearing to consider theplanned
development request PD 1449-B; and
WHEREAS, the City Council makes the following findings:
Findings
1. The proposed planned development will not adversely affect the health, safety,
or welfare of persons living or working in the vicinity.
2. The planned development is appropriate at the proposed location and will be
compatible with surrounding land uses.
3. The planned development conforms to the general plan and specific plan for
Edna Islay and meets zoning ordinance requirements.
4. The proposed planned development is consistent with the Edna-Islay Specific
Plan, for which an Environmental Impact Report was certified by the council in 1982. The
City Council has considered the EIR and addendum.
5. The project provides facilities and amenities suited to particular occupancy
groups; families with children, and moderate-income homebuyers.
6. The project provides a greater range of housing types and costs than would be
possible with development of uniform dwellings throughout the project site or
neighborhood.
7. Features of the particular design, including common open space areas, provision
of a large play area in the apartment complex, narrower right-of-way widths, small lots,
design of the Rodriguez Adobe park, creek setbacks and bicycle paths, achieve the intent
of conventional standards for privacy, usable open space, adequate parking, and
compatibility with neighborhood character as well as or better than the standards do.
BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The Planned Development PD 1449-B is hereby approved, subject to
the following conditions:
Conditions:
1. A reduction in the number of parking spaces required for the Housing Authority
lot only is hereby approved. Up to 25% of the required spaces may be eliminated,provided
that they are replaced by an expanded play/picnic area.
2. No sideyard exceptions are allowed for the lots in phases 3 and 4 (small lots).
3. Smaller than normal lot sizes are hereby approved, but in no case shall a lot size
be smaller than 4,000 square feet.
4. Zero-lot line development schemes are allowed in any phase, provided the
separation between buildings is consistent with the zoning regulations.
5. A density bonus, allowing 353 dwellings, including 134 small lots, 88 two-
bedroom condominium units, 111 large single-family lots, and 20 two- and three-bedroom
Housing Authority apartments, on the lots as shown on the preliminary plan, is hereby
granted.
6. The applicant shall submit a precise plan, consistent with the zoning regulations
requirements for precise plans, to the Community Development Director for approval.
Such precise plan may be incorporated in the improvement plans for Tract 1750.
INTRODUCED AND PASSED TO PRINT by the City Council of the City of San
Luis Obispo at its meeting held on the 18th day of September, 1990, on motion of
Councilwoman Rappa, seconded by Councilman Reiss, and on the following roll call vote:
AYES: Councilmembers Rappa, Reiss and Mayor Dunin
NOES: Councilmembers Pinard and Roalman
ABSENT: None
/s/Mayor Ron Du.nin
/s/Pam Voges City Clerk J
The signatures found on the petition were compared to the signatures of the Affidavit of
Registration in the Registrar of Voters Office, Pursuant to Section 4011 of the California
Elections Code, the petitions were found to contain the signatures of more than 10% of the
voters of the City of San Luis Obispo according to the County Clerk's official report of
registration to the Secretary of State effective on October 9, 1990, recording a total of
25,690.
Dat���Q_ AL
P Voges, C' Clerk
ME' -'NG AGENDA
DATE 1 IS--90 ITEM
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C11111V. of SAn luis OBISPO
C990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
December 18, 1990
TO: City Council
FROM: Kim Condon, Assistant.City Clerk,
VIA: Pam Voges, City Clerk I
SUBJ: ITEM NO. 6 - 12118190 - REFERENDUM ON TRACT 1750
The only action the Council will be required to take this evening regarding the referendum
on Tract 1750 is to accept the Certificate of Sufficiency. It is my understanding that the
Elections Code does not require that you make a decision at this meeting on whether to
place this issue at a Special Election or the next General Election, or whether to entirely
repeal the ordinance.
It would be appropriate to continue consideration of the referendum to the January 2, 1991
C, meeting, at which time Council willbe considering several other election-related issues and
the various scenarios available in determining future election dates.
:klc
c: John Dunn, CAO
Jeff Jorgensen, at Attorney
Ken Hampian, Asst. CAO
Arnold Jonas, CDD
T:T.
File
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990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100, +
13 December 1990 �„ t
TO: Pam Voges, City Clerk .41M S N
FROM: Judith Lautner, Associate Planner + yil
Q V-
SUBJECT: Tract 1750 Fact Sheet
As suggested by John Dunn, I am enclosing a copy of a "fact sheet"
developed for Tract 1750 (Islay Hill) . Please include copies of
this document in the council's packet for the meeting when the
council will be considering the referendum.
RECEIVE ®
DEC 1 3 1990
CITY CLERK
SAN LUIS OBISPO.CA
0
TRACT 1750 FACTS
Edna-Islay Specific Plan: This plan was adopted by the City
Council in 1982 . The Edna-Islay Specific Plan calls for the phased
development of a maximum of 1, 039 homes on both sides of the
railroad tracks (not counting density bonuses) . It also provides
for development of neighborhood parks, creekside trails, linear
parks, and dedication of an open space easement over Islay Hill.
Environmental review: An Environmental Impact Report (EIR) was
adopted by the council for the Edna-Islay Specific Plan in 1982 .
This report discussed possible adverse impacts on geology, water
quality, hydrology, noise, land use, traffic, air pollution,
biology, community services and utilities (including water) ,
cultural resources, and esthetics. In adopting the specific plan
and the EIR, the council found that the development of the area in
conformance with the specific plan would not significantly harm the
environment.
An addendum to the EIR was developed and adopted in September 1990
by the council, along with its approval of Tract 1750, to address
minor changes to the specific plan approved by the Community
Development Director. Issues discussed in the addendum include
creek habitat (biology) , street alignment, detention basin
modifications (hydrology) , replacement of private recreation area
C with public park (community services) , medium-density areas, and
the railroad buffer.
Approval of the project includes a requirement for the city, with
assistance from the Department of Fish and Game, the Urban Creeks
Council; and the developer, to oversee a turtle habitat study. The
study would be performed by a qualified biologist and would be
completed over a two-year period. The purpose of the study is to
define the areas essential for southwestern pond turtle habitat,
and to determine methods to enhance and protect that area from
degradation. The developer will pay for the study, and will be
required to provide the necessary protection.
Ahat's built so far: On the west side ("Edna") , 424 homes have
been built, including 20 Housing Authority apartments. Approvals
have been granted for 100 additional homes. Approvals are being
sought for 12 lots on the northwest side of Poinsettia Street. If
approved, the Edna side will be completed with 536 homes.
On the east side ("Islay") , 131 homes have been built. An
additional 353 dwellings (see below for types) were approved as
part of Tract 1750. When complete, the Islay side will have a
total of 484 homes. The Edna-Islay area will be developed with a
total of 1020 homes.
Phasing of future development:
C
Phasing restrictions limit building to one phase or 94 dwellings
per year, whichever is less. The development cannot be built-out
in less than five years.
Review Process: Tract 1750 was approved on September 18, 1990,
after being reviewed by the following commissions and council, over
a period of about 1-1/2 years:
* "Cultural Heritage Committee - reviewed Rodriguez adobe and
proposed park around it - made recommendations to the City
Council.
* Parks and Recreation Commission - reviewed proposed
neighborhood park and proposed trail system up part of Islay
Hill - made recommendations to the City Council.
* Architectural Review Commission - reviewed proposed
condominiums and apartments, granted schematic approval.
* Planning Commission - reviewed the planned development and
subdivision map, made a recommendation to the City Council.
* City Council - reviewed subdivision map along with
recommendations of committees and commissions, approved with
54 conditions.
All of these meetings were advertised, and all but the final one,
which followed the close of public testimony at the previous
meeting, accepted public testimony.
What the council approved:
Development of 353 dwellings in six phases, including:
* 88 condominiums
* 20 low-income apartments to be developed by the Housing
Authority
* 134 single family lots, ranging in size from 4, 100 to 8,600
square feet, to be developed with modestly-sized homes (size
limits were set for these homes as part of the conditions)
* 111 hillside lots, averaging 9, 000 square feet in area.
Conditions limit location of the homes on individual uphill
lots, to assure that they be placed near the lower end of the
lots, on the downside of the slope.
In addition to lots and dwellings, the subdivision includes:
* An agreement with the Housing Authority to provide 23 of the
88 condominiums at or below cost, to be sold to low- or
CTract 1750 fact sheet
Page 2
moderate-income buyers. Resale controls limit sales of these
Chomes to qualified applicants (low and moderate income) .
Program is to be administered by the Housing Authority for the
life of the project.
* An easement, to be dedicated to the city, over 75 acres of
open space (Islay Hill) , with a contribution for trail
construction;
* A combined city and linear park, totalling over 13 acres, to
be dedicated to the city;
* A one-acre "mini-park" to be dedicated to the city, containing
the rehabilitated Rodriguez adobe (restoration partially
funded by developer) ;
* A 400, 000-gallon water tank to serve a portion of the
development, paid for and installed by the developer.
Water:
No water is currently available for Tract 1750. The developers may
choose to retrofit plumbing fixtures in existing development in the
city, to save twice the amount of water expected to be used by the
proposed development. Many other developers have chosen to use the
city's retrofit program, but as of this time, the Pacifica
Corporation has not.
Detention basin:
Detention basin sizing is smaller than shown on the specific plan.
The original hydraulic engineer reviewed the design and found it
adequate. Detention basins on the west side (Edna) have also been
designed smaller than the specific plan indicated. The reason for
the change is that the basins were originally designed with an
unnecessarily large margin of error. After adoption of the
specific plan, the hydraulic engineer developed closer
calculations, which were used to review the proposed basins.
Railroad buffer:
The proposed railroad buffers are smaller in some areas than shown
on the specific plan map, but they all include dense landscaping.
The noise study completed for the project concludes that the
buffers provide adequate noise mitigation. The specific plan says
.(page 31) that "other combinations of barriers may also be built
as long as they are equal to or better than those described above
and are visually acceptable to the city. "
CTract 1750 fact sheet
Page 3