HomeMy WebLinkAbout08/30/1977M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 30, 1977 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
Roll Call
City Councilmen
PRESENT: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
ABSENT: None
City Staff
PRESENT: J.H..Fitzpatrick, City Clerk; Roger Neuman, Police Chief; Terry
Sanville, Planning Associate; Dan Smith, Senior Planner
1. Council considered the final passage of Ordinance No. 715 (1977 Series),
an ordinance of the City of San Luis Obispo amending the official zone map of the
City (to rezone property in the Edna /Airport Neighborhood).
Terry Sanville reviewed briefly for the City Council the area being rezoned under
the provisions of Ordinance No. 715 and also reviewed areas that had been questioned
by the public.
Mayor Schwartz declared the public hearing open.
Robert L. Stern, Route 3, Box 274, SLO, asked that the following remarks be made
part of the record of the City Council's meeting. First of all, he agreed with
the right of a landowner to develop his property, the right of the municipality
to protect itself from bad judgment, greed or just ignorance of the developer,
the right.of the citizenry to have input... and the right to be awed by the genius's
we become with hindsight and amazed at the scope of the problems we create when
we ignore past mistakes after we recognize them. He apologized to the City Council
for this last minute appeal to good judgment but at the time of the General Plan
development, he saw no problem with having the "boot" set for low density... it was
across from Ag preserves, adjacent to 5 -20 acre zoning ... and that was all low density
maintaining an area where horses and the buffalo could roam. So that when the City
started to zone in conformance with this General Plan he again saw no problem. After
all, the City and Councils of the past.had proved its desire to protect SLO from the
pitfalls of other places. This City Council was responsible for a masterful
achievement... one of the few viable downtowns in the entire country. If they were
striving for orderly growth ... why worry? Their destiny was in good shape. It
was then that they had attended a meeting of the Planning Commission and hear the
plan of the developer for the area. He watched with shock and dismay as the City
planners and commissioners seemed to agree with the developer that low density
meant he could put six units per acre, for a total of 1200 units or 4000 people
in an area that had a rural flavor helping to give SLO its uniqueness as a well -
rounded community. Another small city in the midst of pasture land.
To this they objected strenuously. Such a plan could only cause big trouble in the
future which any honest EIR would attest to. In addition to the tremendous added
burden to other taxpayers as well as the good possibility of future litigation, he
stated he need not remind them that this planning represented the worst in spot
zoning, premature development and gross overuse of the land.
A possible plea of economic hardship by the developer was also considering the
present ownership which was four years old and the going market for 5 -20 acre in
that area already represented a $2,000,000 profit. Hardly a hardship. To sum it
up... low density was fine and would cause no hardship to the developer, neighbor,
or city, but by low density it.should not mean six units per acre, they meant six
acres a unit. The developer would get richer but more important the City would get
richer.
Mayor Schwartz declared the public hearing closed.
Councilman Petterson stated he would support the final passage of the ordinance
except for the land east of the railroad right -of -way, south of Orcutt Road, the
so- called "boot ". He felt it should be something less than six units per acre.
City Council Minutes
August 30, 1977
Page 2
Terry Sanville again explained upon question what the R -1 SP designation meant
as far as density was concerned.
Councilman Jorgensen stated he could not support the final adoption.of the ordinance
as he felt the zoning was too specific. As an example, the CH zone on the Bonetti
property and the R -1 SP on the southeast end of the City adjacent to the railroad
right -of -way property on Bullock Lane. He felt that these densities were too high,
the development proposed was premature.
Councilman Gurnee stated he could not support the final passage of the ordinance
but agreed with Councilman Jorgensen on the Bonetti property, that being the
so- called "boot" area east and west of the railroad, southeast of the City,
and 5 -acre parcel on Bullock Lane. He felt the City should protect prime
agricultural land.
Councilman Dunin stated he had no objection to the rezoning of the Bonetti
land to CH but he felt that the so- called "boot" area should be reconsidered
on the basis of.-density and he wanted this area to be amended out of consid-
eration this evening.
Mayor Schwartz felt that the City had tools to protect the City from development
but he would agree with the ordinance except for the area southeast of the City,
the so- called "Boot" area.,.
On motion of Councilman Jorgensen, seconded by Councilman Gurnee, that the City
Council adopt Ordinance No. 715 (1977 Series), an ordinance of the City of San
Luis Obispo amending the official zone map of the City (to rezone property in
the Edna /Airport Neighbornood), less the !'boot" area, designated R -1 SP and that
that portion be referred back to the Planning Commission for restudy and con-
sideration for recommendation to the Council.
Councilman Petterson stated he was opposed to this area west of the railroad.
Motion lost on the following roll call vote:
AYES: Councilmen Jorgensen and-.Gurnee
NOES: Councilmen Petterson, Dunin and Mayor Schwartz.
ABSENT: None
On motion of Councilman Petterson, seconded by Councilman Dunin, that the City
Council adopt Ordinance No. 715, except for the Islay Hill area (now designated
R -1 SP,.east of the railroad.
Motion carried on the following roll call vote:
AYES: Councilmen Petterson,.Dunin, Gurnee and Mayor Schwartz
NOES: Councilman Jorgensen
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Jorgensen, the City
Council delete the CH on the Bonetti property and refer this back to the
Planning Commission for consideration to agriculture.
Motion lost on the following roll call vote:
AYES: Councilmen Gurnee and Jorgensen.
NOES: Councilmen Dunin, Petterson and Mayor Schwartz
ABSENT: None
On motion of Mayor Schwartz, seconded by Councilman Dunin, the City Council
finally pass Ordinance No. 715 with.the area so- called "boot" R -1 SP to be
referred to the Planning Commission for study and with the City Clerk to notify
the property owner of the Council's action in adopting the area R -1 SP, but
that the Council had no intention of allowing development to that density.
City Council Minutes
August 30, 1977
Page 3
Motion carried on the following roll call vote:
AYES: Councilmen Dunin, Petterson and Mayor Schwartz
NOES: Councilmen Gurnee and Jorgensen
ABSENT: None
' 7:45 p.m. Mayor Schwartz declared a recess. 7:50 p.m. the meeting reconvened
with all Councilmen present.
2. The City Council continued the public hearing on the appeal from the
approval of the Planning Commission of the Environmental Impact Report and Use
Permit for a proposed 88 unit expansion of Laguna Mobile Home Estates (continued
from July 5, 1977).
Terry Sanville again reviewed for the City Council the action taken since the
applicant applied for the use permit 18 months ago. He stated the consultant
on the economic portion of the EIR had refined the original economic report and
his revised studies took into account projected rates of inflation for the next
25 years, the amount of sales tax revenue derived from the resale of mobile homes,
the amount of sales tax revenue from the sale of building materials for con-
ventional housing, the standard depreciation rate used by the Department of
Motor Vehicles in calculating mobile home license fees and the City cost for
various types of housing, mobile homes vs. apartments vs. single family homes.
The economic report concluded that mobile homes contributed at least as much to
the community in net revenues as apartments and would appear to actually have
a higher revenue cost ratio than either apartments or single family units. The
staff felt that the revised economic report was accurate and complied with the
City's environmental guidelines. Therefore, the Council should certify the EIR
as adequate. Since there appeared to be no substantial environmental or 'economic
justification for preventing this mobile home park project, the staff recommended
that the appeal of the use permit application be denied. The City Council may
require additional conditions of the use permit if they felt it appropriate.
R.D. Miller, administrative officer, submitted a report stating that in accordance
with Council direction, the planning staff had worked with the consultant Lord &
LeBlanc in preparation of the economic portion of the EIR in correcting errors and
making certain refinements in their report. He stated that he had reviewed the
letter transmitting the revised report and approved the package for reproduction
and distribution to the City Council's consideration for the August 30, 1977 meeting.
Mr. Lord, of Lord and LeBlanc,'economic consultants, reviewed his revised Chapter 3
cost revenue comparisons of residential development alternatives. He said it was
difficult or impossible to make economic certainties of any one land use to the
City but felt that the Council should allow their citizens to live in the style
they desired, whether it be apartments, mobile homes or single family houses, and
not rely on any economic return to land use in order to make a decision. Finally,
he did not realize when he first took on the assignment that the Council was going
to make their decision on a bare -bones economic analysis.
Mayor Schwartz declared the public hearing open on the adequacy of the EIR only.
Robert Hecht asked why was this study prepared? Was it to see what of type of
housing was the best revenue producer for the City or was the purpose to abolish
mobile homes as a life style in the community.
I Mayor Schwartz stated no, that the economic information was just a part of the
required environmental impact for the proposed mobile home park expansion.
Don Smith, ECOSLO, submitted a 14 page objection to the adoption of and the
adequacy of the EIR. He stated that this 14 page statement outlined many errors
and deficiencies in the consultants update report. He stated that even the
consultant admitted to many of the errors in his cost revenue analysis. He
continued that the update was no better than the original report submitted and
that the update was far from an unbiased and impartial report as it was all
in favor of the mobile home and particularly the expansion of the Laguna Lake
Mobile Home Park. He then reviewed for the Council's consideration, the bias
of the author of the report in support of mobile homes page by page and paragraph
City Council Minutes
August 30, 1977
Page 4
by paragraph. Finally, he stated his appeal was based on the contention that it
did not adequately described.the economic, social and environmental impacts of
the proposed project and possible mitigation measures. He felt the EIR cost
revenue analysis was misleading and in error by 350% in the apartment analysis
and to a slightly less extent in the case of single family homes when compared
to mobile homes. Finally, he stated the EIR did not adequately consider the
usual impact and possibly mitigating measures and the impact of other social and
economic factors on the neighborhood.
Mayor Schwartz declared the public hearing closed on the adequacy of the EIR.
Councilman Petterson stated that after study of both sides he felt the EIR was
adequate and felt that mitigating measures were adequate in the report.
Councilman Jorgensen felt that with or without errors in the consultant report.
and comments by Don Smith that the EIR was adequate and the City should accept
it as adequate and hope that Don Smith's comment would be included in the public
section of the final EIR.
Councilman Gurnee.felt that Don Smith did an outstanding job in his analysis of
the economic_ report, was very cleat and concise, and if the Smith report were
included in the EIR, he felt that EIR would be adequate in his mind. He felt
that the financial economic consultant did not do a complete job in analysing
the entire tax of all the agencies in the community. He felt that the Council
could accept the EIR as adequate.
Councilman Dunin stated that the statement of Don Smith on the economic analysis
of mobile homes was a good investment for City housing. He would support the EIR
as being adequate.
Mayor Schwartz felt that the EIR was adequate, and further study would do no
good. He felt the original assumption of the consultant was not what the City
Council asked for when they requested that the environmental impact report to
be amended by an economic study but he felt that further revisions would serve
no purposes. He felt that if Don Smith's report were included in the public
portion of the EIR, he could support the environmental impact as adequate.
On motion of Councilman Petterson, seconded by Councilman Dunin, that the City
Council accept the environmental impact report as adequate with Don Smith's
comments to be included in the public portion of the.EIR and reject the appeal
on the EIR.
Motion carried on the following roll call vote: -
AYES: Councilmen Petterson,.Dunin, Gurnee, Jorgensen and
Mayor Schwartz
NOES: None
ABSENT: None
9:10 p.m. Mayor Schwartz called a recess. 9:25 p.m. The meeting reconvened with
all Councilmen present.
At this time the City Council considered the use permit for the expansion of
Laguna Park Mobile Homes with 88 spaces as approved by the Planning Commission
in a U zone. The Planning Commission's action.regarding the use permit was under
appeal.
Mayor Schwartz declared the public hearing open on the use permit appeal.
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Don Smith, ECOSLO, again appeared before the City Council objecting to the use
permit stating that the EIR was inadequate and faulty, that mobile homes did not
provide their share of tax revenue to the City, mobile homes would cause severe
visual impact and aesthetic degradation to the community, the land plan for mobile
home park was needed for a neighborhood community park, the mobile home park expansion
would result in the eventual death of the golf course which was being used by approx-
imately 100 people per day. Single family homes of not more than 88 plus homes
should be more desirable than mobile homes and would provide approximately 50 man
years of employment to the local construction industry.
City Council Minutes
August 30, 1977
Page 5
Mr. Smith then reviewed-several pages in his report in support of his objection
to,the granting of a..use permit to Laguna Lake Mobile Home Park.
George Hedley, owner of Laguna Lake Mobile Home Estates, spoke in support of
the use permit for the expansion of the mobile home park. He stated that this
particular use permit had been before the City Planning Commission and staff for
over 18 months and as a owner of the property he had attempted to comply with
every condition established and it seemed that the only one he could not satisfy
was Don Smith of ECOSLO.
Robert Hecht, spoke in support of the use permit for a mobile home park, felt it
was a good way of life for those people who enjoyed mobile home living at an
affordable price..
Tom Larson spoke in support of the use permit. He liked mobile home living.and
hoped some space would be made available.for young families with children.
Steve Kennedy, County Planning Department, urged the City Council to seriously
consider the economic impact of mobile home parks on the public such as schools,
etc. He urged the Council to deny this use permit and all future mobile home
park permits until they were taxed equally with all other residences.
Art Jack, resident of the Laguna Lake Mobile Home Estates, spoke in support of
the use permit for expansion of the mobile home park. He objected to the Council's
allowing Don Smith to enter his letter into the record without prior knowledge of
the public so that people had ample opportunity to review the objections.
Mayor Schwartz declared the public hearing closed.
Terry Sanville, Associate Planner, then submitted for the Council's information,
an action of the Planning Commission in approving the use permit for the Laguna
Lake Mobile Home Park Estate. He stated it would not be detrimental to the health,
safety, or welfare of persons living or working in the area and because changes or
alterations have been required or incorporated in.the project which mitigate or
avoid the significant environmental effects thereof as. identified in the final EIR.
The use permit would be approved subject to the following 19 conditions:
1. Applicant shall submit precise development plans for Architectural Review
Commission.review and approval. The plans shall include landscaping, lighting,
signing, screening and grading.
2. The project shall be developed in accordance with the submitted site plan
subject to conditions established by.the Planning Commission and Architectural
Review Commission. Area noted as future is not approved as part of this use
permit.
3. Applicant shall offer to dedicate to the City and improve to City standards
an additional 22 feet of right -of -way on Prefumo Canyon Road. Said dedication
and improvements, consisting of curb, gutter, sidewalk and street paving, shall
extend across entire street frontage and extend off site to the corner of
Prefumo Canyon Road and Los Osos Valley Road, all to the approval of the City
Engineer.
6. Applicant.shall pay for share of sewer lift station and other applicable sewer
charges as determined by the City Engineer. .
7. All mobile homes located within the project, regardless of age, shall be
equipped with heat and smoke detectors to the approval of the Fire Department.
4. Applicant shall offer
to dedicate to
the City a 0.74 acre of land fronting on
Los Osos Valley Road,
adjacent to the
golf course property for.park purposes.
Exact location to be
approved by the
Director of Community Development. .Credit
for construction tax
is hereby given.
5. Applicant shall pay water acreage and
frontage fees as determined by the City
Engineer.
6. Applicant.shall pay for share of sewer lift station and other applicable sewer
charges as determined by the City Engineer. .
7. All mobile homes located within the project, regardless of age, shall be
equipped with heat and smoke detectors to the approval of the Fire Department.
City Council Minutes
August 30, 1977
Page 6
8. Project storage area shall be screened with a solid six foot high fence set-
back a minimum of five feet from interior street. The setback area shall be
landscaped. Storage area shall have an all weather dust free surface to the
approval of the City Engineer. Storage area shall be accessible to all mobile
home spaces in the park and shall not be used for any other purpose.
9. A solid six foot high fence shall be installed along street frontage and
easterly edge of project.
10.. Fire hydrants shall be installed throughout the project to the approval of
the Fire Department. No hydrant shall be further than 350 feet from each
mobile home site. Hydrants shall be operable prior to placement of any mobile
home.
11. Drainage from the existing 24 inch c.m.p. on Prefumo Canyon Road shall
be underground through the project. Applicant shall improve existing
drainage swale on golf course from project boundary to Prefumo Creek to
handle a 100 -year design storm to the approval of the City Engineer.
12. All site grading shall conform to the Grading Ordinance and be to the
approval of the City Engineer.
13. Pedestrian walkway connecting the new project with the existing development
shall be paved to the approval of the City Engineer.
14. Applicant shall install eight inch sewer main within a 10 -foot easement
in Gathe Drive easterly to Los•Osos Valley Road to the approval of the City
Engineer. Applicant shall be responsible for obtaining required easement.
15. All utilities shall be underground. No radio or television antennas shall
be permitted.on the exterior of a mobile home.
16. Project's interior streets shall be constructed to City standards and be
approved by the City Engineer. Street names proposed shall be changed as
follows: Garnette shall be Heather; Janet and Thelma shall be Karen. Other
street names are approved as shown on development plans.
17. Applicant shall install one tree on each mobile home lot and install trees
in landscape area adjacent to storage area at a minimum of one tree per 40
foot frontage.
18. The detailed landscape plan to be approved by the Architectural Review Commission
shall include:
(a) street trees and landscaping on Prefumo Canyon Road streetyard setback;
(b) a tree and landscaping plan on easterly edge of project facing Los Osos
Valley Road;
(c) a tree and landscaping plan on project edge adjacent to the golf course.
19. Premises shall be maintained in a clean and acceptable manner and the landscaped
area shall be properly maintained including the prompt replacement of all dead
plant material.
Mayor Schwartz reviewed the laws of the City regarding use permits which the
City Council could grant, deny or grant with conditions. He continued that he
had read very carefully the economic portion of the EIR and also the evidence
as presented and he felt that nothing presented had changed his mind that mobile
homes pay their share of government costs and he could not vote for the use
permit until some equality in taxation.was arrived at for all cities and counties
of California.
Councilman Petterson stated he would support the use permit, felt the EIR did
not answer questions on mobile home taxation. He felt the 88 unit expansion
did not answer questions on mobile home taxation. He felt that the 88 unit
expansion was a good development and that the people should make their own
decision as to the life styles they wished to live and he would deny the appeal.
City Council Minutes
August 30, 1977
Page 7
Councilman Jorgensen stated he would support the appeal and deny the use permit.
He felt that while mobile homes did not pay their fair share of taxes, this did
not enter into his decision in upholding the appeal. His objection was based on
land use only. He felt that too high a percentage of land was being dedicated
to mobile homes in San Luis Obispo at this time and also that mobile home parks
were not low income housing but moderate to high cost housing. He would uphold
the appeal and he also felt that mobile homes would inhibit development of a
community park in the golf course location
Councilman Gurnee felt that mobile homes should pay taxes on the same basis as
normal homes. He felt that each citizen in the city should pay his fair share
of the community's cost. He also felt that the expansion of the park would inhibit
future development of a community park or golf course adjacent to the property so
the land use should be looked at very carefully. He felt that the Council should
adopt an ordinance requiring all mobile homes to be placed on foundations. He
felt that if the taxation matter were settled then conditions should be added for
open leasing of units to all family units with children and those without and
that the Architectural Review Commission should look into the complete design of
the park.
Councilman Dunin stated he would deny the appeal. He felt that this project had
been under consideration by the City too long. He felt that it was very expensive
to the developer to try and answer every question that someone in.the City or the
staff wished to have answered.
Finally, Councilman Dunin stated that it was his understanding the Planning
Commission and City staff were in full support of the development of this 88
unit expansion for Laguna Lake Mobile Home Park and had been ever since the
18 months ago project first started.
On motion of Councilman Petterson, seconded by Councilman Dunin, that the
City Council deny the appeal and authorize the issuance of the use permit.
Motion lost on the following roll call vote:
AYES: Councilmen Petterson and Dunin
NOES: Councilmen Jorgensen, Gurnee and Mayor Schwartz
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Jorgensen, that the appeal
be upheld at this time and the use permit and conditional use permit for the project
be denied but that the matter be reconsidered after the City adopted 1) an ordinance
to have mobile homes placed on foundations and taxed as improvements; 2).no
restrictions as to age or size of families of renters in the mobile homes park;
3) the two access roads be closed; and 4) that the area of the mobile home park
between the park and the golf course be made more sensitive to park development.
Motion carried on the following roll call vote:
AYES: Councilmen Gurnee, Jorgensen and Mayor Schwartz
NOES: Councilmen Dunin and Petterson
ABSENT: None
There being no further business to come before the City Council, Mayor Schwartz
adjourned the meeting to 12:10 p.m. Wednesday, August 31, 1977.
APPROVED: November 15, 1977
Fzpatrick, City Clerk