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HomeMy WebLinkAbout05/30/1978City Council Minutes May 30, 1978 Page 2 Terry Sanville, Associate Planner, reviewed in detail, the city staff and Plan - ning Commission actions to date as far as the proposed project for the Ferrini Annexation. He stated that the EIR evaluated a project involving: 1) Amendment to the 1977 General Plan Land Use Element to show a 51 acre parcel north of the city limits as "low density residential ". 2) Prezoning of the 51 -acre area to R -1 PD. 3) Prezoning an additional 148 acres of the Ferrini property to A /C -40. 4) Annexation to the city of both prezoned areas (199 acres +). 5) Establishment of a perpetual open -space easement on the area prezoned A /C -40. Tom Maple, representing Merriam, Deasy and Whisenant, consultants for the city, in preparation of the EIR, reviewed for the Council the elements studied by his firm in the preparation of the EIR for the annexation and a study of the proposed development planned by Ferrini. Mayor Schwartz declared the public hearing open. Don Smith submitted a lengthy document showing errors in the project EIR that had not been adequately answered by the consultants, the city staff or by the developer. Tom Maple answered several allegations presented by Don Smith as to errors or lack of other precise information in the EIR involving water, topography, etc. Paul Allen questioned part of the EIR, page 29, dealing with traffic impact on adjacent properties due to increased traffic caused by the new development. He felt that the EIR did not relate to traffic on either Patricia nor Highland Drive. He felt, in this area, that the EIR was inadequate. Howard Smith, Oakridge Drive,.supported the EIR, felt it was well done, was professional and urged the City Council to approve the EIR. Harry Busselin, Skyline Drive, felt the EIR was inadequate as he did not feel that it presented a fair analysis of flood damage and lack of flood control in the area. Ila Harmon stated she was in support of the EIR prezoning and development as proposed by Felton Ferrini and urged the Council to finally approve the EIR and to move along with the entire project. Constance Hendricks, 549 Jeffrey Drive, objected to the proposed annexations being considered by the City Council because questions relating to water, cost of city services and other burdens to the present residents of the city, had not been given credibility in the EIR. She also felt that the EIR had just passed off the traffic survey in the impact report as being non- essential. Dale Wilson, Pasatiempo Drive, objected to additional development in this area of the city due to increased traffic caused by the Ferrini development. She was worried about potential flooding if the development were approved. Vic Montgomery, representing the property owner, reviewed for the City Council, the studies on traffic and circulation made by the consultants both for the property owner and for the city in preparing the EIR. He also reviewed the EIR showing the mitigating water:, drainage and traffic problems. Mayor Schwartz declared the public hearing closed. City Council Minutes May 30, 1978 Page 3 Tom Maple stated that nothing that was presented this evening was new, each item had been answered in the EIR and in the Supplemental Report "Response to Comments" before the Planning Commission. Councilman Settle stated he had studied the EIR, felt that it contained the required criteria and that the Planning Commission had recommended approval by the Council. He felt the EIR was adequate and the Council should adopt the EIR. Councilman Dunin stated he agreed with the Planning Commission recommendation, felt the EIR followed the required criteria and that the mitigation of problems would be taken up at the subdivision map approval stage. He would support the Planning Commission and accept the EIR as adequate. Councilman Petterson stated he found the EIR adequate and would support it. Councilman Jorgensen too stated that he found the EIR adequate and that the report followed the approved criteria for EIR guidelines, felt that the EIR adequately exposed problems involved in the proposal and listed mitigating actions needed to correct them. Mayor Schwartz found the EIR acceptable and adequate as it listed the areas to be looked at as the project proceeds through the city's development process. On motion of Councilman Settle, seconded by Councilman Petterson, that the City Council accept the EIR as final and complete and that it was prepared in compliance with the City and State EIR Guidelines and recommendations. Motion carried on the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None 8:55 p.m. Mayor Schwartz declared a recess. 9:05 p.m. the meeting reconvened with all Councilmen present. 2. The City Council held a public hearing on the recommendation of the Planning Commission to amend the General Plan in order to maintain consistency between the General Plan and the zoning within the city. Terry Sanville, Associate Planner, presented a report to the City Council consisting of 23 proposed changes to the land use element of the General Plan, 19 of which were initiated by the Council.during the city -wide rezoning program and 4 initiated by private properties. He continued that the report presented a description of each change as originally proposed and a brief evaluation. The Planning Commission's recommendation which in some cases differed from the original proposal were also listed. In order to maintain consistency between the plan and.zoning, the Planning Commission also recommended some follow -up zoning action be considered at a separate hearing which were noted following each recommendation. The staff recommended that the Council take testimony to reach a decision on each part of the amendment and then adopt a resolution incorporating all the changes agreedto by the City Council. ' AREA 1 - FERRINI ANNEXATION The Planning Commission recommended that the change in designation on about 51 acres be made from interim agricultural to a low density residential. The urban reserve line to remain the same. The amendment and annexation involved .issues of traffic, utility service, geologic stability, aesthetics., and water resources and growth inducement which were covered in the prior EIR public hearing. The Planning Commission recommended that the City Council approve the recommended zoning, 51 acres to low density residential, 130 + acres to A /C. Mayor Schwartz declared the public hearing open. City Council Minutes May 30, 1978 Page 4 Don Smith stated he was opposed to the zoning due to the lack of water supply in the city, also due to potential flooding and drainage problems and increased traffic in the area. Howard Smith, Oakridge Drive, stated he was in support of the prezoning and also the annexation. He felt that this land should be developed. Ila Harmon, Highland Drive, stated she was in support of the prezoning and annexation for needed housing. ' Harry Busselin, Skyline Drive, stated he would support the prezoning and annexation and the proposal to keep the land in public ownership. Vic Montgomery,developer, spoke in support of the prezoning recommendation. He felt the developer.had complied with every condition established by the city staff and Planning Commission. He then went into some detail as to the developers attempt to alleviate any and all objections. Mayor Schwartz declared the public hearing closed. Councilman Petterson felt the proposal was a good one, felt the property owner was giving more than he was getting and recommended approval of the Planning Commission's recommendation. Councilman Jorgensen stated that he was opposed to the General Plan amendment and prezoning. He was opposed to any annexation to the city until the citizens had voted for water they would pay and additional improvements, although he felt that otherwise this particular project was a good one. Councilman Settle felt that this was an excellent proposal, felt the developer was giving a great deal to the city and he would support the prezoning and amendment to the General Plan as recommended by the Planning Commission. Councilman Dunin stated he too would support the annexation and prezoning and General Plan amendment. He felt it was an excellent plan and that the improvements helped the entire area. Mayor Schwartz stated he would support the prezoning and General Plan amendment. He felt the plan was interesting and that there was some advantage to the.-city and to its citizens. On motion of Councilman Petterson, seconded by Councilman Dunin, that the City Council approve the recommendation of the Planning Commission. Motion carried, all ayes with Councilman Jorgensen voting no. AREA 2 - FOOTHILL ANNEXATION This would be a change in designation on about 22 acres from interim agriculture to low density residential. This amendment annexation also involved issues of traffic, utility service, geologic stability, aesthetics.and water resources and growth inducement. The Planning Commission recommended that the property be zoned to low- density residential and a portion remain in the conservation A/C zone. Mayor Schwartz.declared the public hearing open. Don Smith appeared before the Council to object to the proposal as it really destroys the beautiful view of Mount Bishop from Foothill Blvd. from sightseers driving along the streets. He also listed his normal objection as lack of water supply for the people living in the city, traffic congestion, flood problems etc. Ila Harmon stated that she approved the annexation, felt the prezoning was logical and urged the Council to approve the recommendation of the Planning Commission. H. Busselin, Skyline Drive, felt that the annexation should include development cost of widening Foothill Blvd. to four -lanes in order to mitigate traffic problems at this very dangerous intersection. City Council Minutes May 30, 1978 Page 5 Donna Walters was opposed to the annexation and the prezoning due to the loss of view of Mount Bishop from Foothill Blvd. Vic Montgomery, representing the applicant, supported both the prezoning and annexation as he felt that all the conditions of minor annexations that were in the adopted general plan were met. He felt that the development plan would take care of the traffic, drainage, etc. and he urged the Council to approve. Mayor Schwartz declared the public hearing closed. Councilman Settle stated he would support the rezoning, as he felt its benefits outweighed.the liabilities and he also would support the annexation, prezoning and General Plan amendment. Councilman Dunin stated he would support the Planning Commission's recommenda- tion on the General Plan amendment. Councilman Petterson stated he would support the Planning Commission's recommendation on the General Plan amendment. Councilman Jorgensen stated he was opposed to the annexation for the same reason he was opposed to the Ferrini Annexation; lack of water, etc. He did not feel that this particular proposal was very good. Mayor Schwartz stated that he would support the Planning Commission recommendation and felt that this area met criteria for minor annexations as shown in the recent- ly adopted General Plan. On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council approve the recommendation of the Planning Commission to zone this property R -1, PD and A /C. Motion carried with Councilman Jorgensen voting no. IAREA 3 - LUNETA DRIVE This would change in designation from low- density residential to conservation agriculture on about 3 acres to reflect the zoning decision made by the Planning Commission and City Council at prior hearings. The zoning and consistent General Plan amendment would reduce potential impacts of aesthetics, slope and stability, access and utilities service by limiting urban residential use to a minor extension of Luneta Drive. The maximum development was potentially reduced from about nine dwellings to four. Mayor Schwartz declared the public hearing open. Richard Kresja was opposed to any zoning other than A/C in order to protect the adjacent neighbors from flooding. He felt that the drainage already developed in the area by the city had proven inadequate and he stated he did not have confidence in the city's ability to protect the property owners from future damage. He then presented a delightful slide show of the January storm and affect on drainage in the area. Mike Houston, La Entrada, warned the Council of flood hazards from this area and urged the Council to be careful in any future development. Donna Walters was opposed to the proposed zoning due to the drainage and flooding problems, not only in this particular area, but all over the city which she felt the city has been unable to cope with anywhere. Tom Maple, developer on behalf of the property owner, felt that if the area were allowed to develop, much of the flooding and drainage problems would be mitigated as drainage would be to the 100 -year storm criteria required by the City of San Luis Obispo. Paul Allen, Luneta Drive, felt it was too late to object to development, but hoped that the City Council would try and have any development in the area come up with-some drainage plan to protect the property owners who have lived in the area for years. Mike Houston, La Entrada, warned the Council of flood hazards from this area and urged the Council to be careful in any future development. Donna Walters was opposed to the proposed zoning due to the drainage and flooding problems, not only in this particular area, but all over the city which she felt the city has been unable to cope with anywhere. City Council Minutes May 30, 1978 Page 6 Councilman Dunin left the meeting due to a possible conflict of interest. Mayor Schwartz declared the public hearing closed. Councilman Petterson stated he would support the Planning Commission's recommendation and felt that any development in the area would be required to mitigate any flood problems and would help past omissions in flood and drainage problems. Councilman Jorgensen stated that he would oppose any development due to the drainage and the unstable soil in the area. Councilman Settle stated he would not support the Planning Commission's recommendation. Feltthe entire area should stay A/C and he did not feel anything could be done to mitigate drainage and flooding problems. Mayor Schwartz stated that he would support the Planning Commission's recommendation and felt the property, if properly designed, might improve flooding and drainage problems already existing in the neighborhood. Terry Sanville, Planning Associate, stated if Council deadlocked at 2 -2, in effect denying the zoning, then the entire area would remain low - density residential. He felt the Planning Commission solution of allowing four dwellings on 8+ acres was better than allowing the entire 8 acres to its potential development. On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council accept the recommendation of the Planning Commission. Motion carried, all ayes with Councilman Dunin absent. Councilman Dunin returned and took his place at the Council Table. AREA 4 - BUENA VISTA AVENUE Mayor Schwartz left the meeting due to a possible conflict of interest. This would change in designation from A/C to low- density residential on about 2 acres and from interim agriculture to low- density residential on about 6 acres to reflect the zoning decision made by the City Council. Vice Mayor Petterson declared the public hearing open. No one appeared before the City Council for or against the proposed zoning. Vice Mayor Petterson declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Petterson, that the City Council support the Planning Commission's recommendation. Motion carried with Councilman Jorgensen voting no and Mayor Schwartz absent. Mayor Schwartz returned and took his place at the Council Table. AREA 5 - SAN LUIS DRIVE This would change designation of about 3 acres from park to low- density residential and of about 8 acres from park to A/C to reflect the Council's zoning decision. The site conditions were investigated during the zoning hearings. The zoning decision mitigated potential problems as completely as possible, lacking a specific development proposal. The city had no plans for acquisition of any of this property, no significant additional land use or environmental.problems would be created by this change. The additional development potential of about 4 -units will be created. Mayor Schwartz declared the public..hearing open. 1 D 1 City Council Minutes May 30, 1978 Page 7 The City Council received a letter of protest from the property owner, A. Madonna, which stated briefly that to amend the land use as recommended for his property would be an arbitrary action. Other - properties before the City Council on this and previous hearings have been recommended for different treatment although they have significantly the same environmental conditions as those on San Luis Drive. He gave an example that it was being recommended that the City Council designate the Brizzolara Street property for medium -high density residential use. The property was subject to similar noise levels from the freeway, similar relation to a creek, similar street access and similar slopes and .vegetation as the area on San Luis Drive which has been designated to low- density residential use. He felt that the city had been unfair, and felt the action would be arbitrary as it was not considered equitable to utilize noise criteria on only one property in the city to define land use boundaries and not on another. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Dunin, that the City Council accept the recommendation of the Planning Commission. Motion carried with Councilman Dunin voting no. AREA NO. 6 - CHORRO, BROAD AND HIGHWAY 101 This would change in designation about 1.2. acres from low- density residential to office to reflect the rezoning decisions of the Planning Commission and City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Petterson, that the City Council accept the recommendation of the Planning Commission. Motion carried with Councilman Jorgensen voting no. AREA 7 _ SANTA ROSA AND HIGHWAY 101 This would change in designation about .5 acres from public /semi - public to office to reflect the zoning decisions of the Planning Commission and City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. The City Council accepted the Planning Commission's recommendation. AREA 8 - JOHNSON PEACH, PHILLIPS AND MILL This would change in designation about 13 acres from medium - density residential, maximum 12 -units per acre to medium -high density residential, maximum 18 -units per acre and change of about 2 acres from high- density residential to office, both reflecting the Planning Commission and City Council's zoning decisions. 1 Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council reject the Planning Commission's recommendation. After brief discussion, Councilmen Petterson and Settle withdrew their motion. City Council Minutes May 30, 1978 Page 8 On motion of Mayor Schwartz, seconded by Councilman Petterson, that the City Council accept the Planning Commission's recommendation, except for that block bounded by Peach, Mill, Johnson and Pepper. Motion carried, all ayes. AREA 9 - BRIZZOLARA STREET This would change designation from agriculture conservation to medium -high density residential about 10 acres to reflect zoning decision of the Planning Commission and City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Jorgensen, that the City Council reject the Planning Commission's recommendation and approve the staff recommendation to zone the upper portion of Brizzolara Street to medium -high density residential and the portion south of Brizzolara Street from conservation agriculture to low- density residential, and send back to the Planning Commission to restudy that portion. Motion carried with Mayor Schwartz voting no. AREA 10 - WALNUT AND OSOS STREET This would change the designation of 1.3 acres from office to medium -high density residential to reflect the zoning decision of the Planning Commission and the City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. The City Council by consensus approved the recommendation. AREA 11 - PEACH, CHORRO, MILL AND BROAD This would change the designation of 2.4 acres from high- density residential to medium - density residential to reflect the zoning decision of the Planning Commission and City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. The City Council by consensus approved the Planning Commission's recommendation. AREA 12 - PALM AND NIPOMO STREETS This would change the designation of about 1.5 acres from medium -high density residential to office to reflect the zoning decisions of the Planning Commission and Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. By consensus, the City Council approved the Planning Commission's recommendation. AREA 13 - PALM AND CHORRO STREETS This would change the designation of .24 acres from high- density residential to retail commercial to-reflect the zoning decision made by the Planning Commission and City Council. City Council Minutes May 30, 1978 . Page 9 Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. On motion of Mayor Schwartz, seconded by Councilman Settle, the matter was continued for consideration to the September General Plan Amendment time without prejudice. Motion carried, all ayes. AREA 14 - HIGUERA.STREET AND HIGHWAY 101 This would change the designation of about 5.5 acres from conservation agriculture to retail commercial to reflect the zoning decision of the Planning Commission and Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. By consensus, the recommendation was accepted by the City Council. AREA 15 - HIGUERA, JOHNSON, PACIFIC, AND PEPPER STREETS This would change the designation of about 5 acres from office to medium - density residential to reflect the zoning decision of the Planning Commission. Mayor.Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. By consensus, the recommendation of the Planning Commission was approved, with Councilman Jorgensen voting no. 16 - PACIFIC STREET FROM NIPOMO TO BROAD This would change the designation for about 1.1 acres from office to retail commercial to reflect the zoning decisions of the Planning Commission and City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. The recommendation of the Planning Commission was accepted by consensus. AREA 17 - MORRO AND PISMO STREETS This would change the designation of about 3.4 acres from medium - density residential to medium -high density residential, and of .47 acres from office to medium -high density residential to reflect the zoning decisions of the Plan- ning Commission and City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. By consensus, the City Council accepted the recommendation of the Planning Commission. AREA 18 - PISMO FROM BROAD TO ARCHER STREET This would change the designation of about 10 acres from medium - density residential to medium -high density residential to reflect the zoning decisions of the Planning Commission and City Council. City Council Minutes May 30, 1978 Page 10 Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed changes. Mayor Schwartz declared the public hearing closed. The Planning Commission recommendation was accepted by consensus of the Council with Councilman Jorgensen voting no. AREA 19 - PACIFIC STREET, NIPOMO TO ARCHER This would change the designation of about 4 acres from office to medium -high density residential and of about 2.7 acres from office to service commercial, light industrial to reflect the zoning decisions of the Planning Commission and City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. By consensus, the City Council accepted the recommendation of the Planning Commission with Councilman Jorgensen voting no on the R -4 only. AREA 20 - BROAD, HIGH AND UPHAM This would change the designation of about,4.7 acres from medium- density residential to commercial neighborhood to reflect the zoning decisions of the Planning Commission and City Council. Mayor Schwartz declared the public hearing.open. No one appeared before the City Council for or against the proposal. , Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council accept the recommendation of the city staff eliminating the lot on the corner of Ward and High Streets and adding the real estate office on High Street between Broad and Chorro Street. Motion carried, all ayes. AREA 21 - BROAD AND FUNSTON STREETS This would change the designation of 1/2 acre from medium - density residential to office to reflect the zoning decisions of the Planning Commission and City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. By consensus of the City Council, the Planning Commission's recommendation was accepted. AREA 22 - BIANCHI LANE Request of Alex Madonna to change the designation of about 4.2 acres from conservation agriculture to service commercial /light industrial. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. City Council Minutes May 30, 1978 Page 11 By consensus of the City Council, the staff recommendation that the conserva- tion agriculture designation be retained until further flood studies identified the degree of risk and possibly mitigation measures for the range of use allowed in the service commercial zoning. Motion carried with Councilman Jorgensen voting no. The Planning Commission was directed to make the necessary zoning amendments for future council consideration. AREA 23 - NORTH LAGUNA, EDNA AND THE ISLAY EXPANSION AREA Request of Merriam, Deasy & Whisenant to amend the text as follows: Specific plans or planned development proposals should be required for the North Laguna, Edna and Islay Hill residential expansion areas before allowing developments to proceed. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. The commission recommended deleting reference to the North Laguna expansion area, thereby eliminating the specific plan requirement and also eliminating the expansion area boundary from the map. The require- ment for specific plan preparation should be retained for the Edna and Islay areas. On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the City Council accept the recommendations of the planning staff. Motion carried, all ayes. On motion of Councilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3575 (1978 Series), a resolution of the Council of the City of San Luis Obispo amending the land use element of the general plan. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None There being no further business to come before the City Council, the Mayor adjourned the meeting at 12:15 p.m. to 12:10 p.m., Monday, June 5, 1978. APPROVED: July 18, 1978 - itzpatrick, City Clerk 1-1