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.
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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
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