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HomeMy WebLinkAbout04/22/1980City Council Minutes April 22, 1980 - 12:10 p.m. Page 1 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 22, 1980 - 12:10 P.M. HEARING ROOM, CITY HALL, 990 PALM STREET Roll Call Councilmembers PRESENT: Melanie Billig, Ron Dunin and Gerald Munger ABSENT: _Alan:Bond and Mayor Cooper City Staff PRESENT: George Thacher, City Attorney; J.H. Fitzpatrick, City.Clerk; Henry Engen, Community Development Director; Dave Romero, Public Services Director. Vice -Mayor Dunin opened the meeting and presided. 1. City Council considered the final map for Tract No. 744, a residential condominium development located at 2895 South Higuera Street; Keith Bruington, Inc., applicant. The public hearing on this final map was held April 15, 1980, Agenda Item No. 16. George Thacher, City Attorney, reviewed the issues involved in approving the final map for Tract No. 744 following the public hearing held on April 15, 1980. One was the proper notice to property owners at prior Planning Commission and City Council hearings when the properties were rezoned and when the tentative maps were being considered; and two, the matter of access to the Whelchel property from Tract No. 744's access road. He then reviewed the City's liability, if any, in this road matter. George Thacher advised the City Council that they could approve the final map as presently presented by the Planning Commission with the conditions established and the matter of access would be between the two property owners. Robin K. Baggett, attorney for Clell Whelchel, stated that he did not feel that was the proper approach as property-owner Whelchel had relied on the directions of the city officials when he developed his property in the early 1960's and was required to use the adjacent access road rather than to develop his own access directly from Higuera Street. The attorney felt that the council had discretion in amending the proposed final map to provide access which had been denied to Mr. Whelchel by the planning staff and Planning Commission. He felt this access had been in continuous use since the property was developed. He suggested that the City Council refer this matter to the Planning Commission and to allow Bruington and Whelchel time come to an agreement on access to the warehouse property. He submitted a map which had been prepared by Bruington which would allow access to the Whelchel property but this proposal was denied by the planning staff. Clell Whelchel explained to the City Council how, upon development of this warehouse site, he had complied with the request of the city to eliminate the ramp to his property from Higuera Street and use the "molinary road" which the city had planned for future city street use upon annexation of the adjacent property. He then attempted to explain what would be required at this time if he now had to put in a driveway ramp to serve his property. City Council Minutes April 22, 1980 - 12:10 p.m. Page 2 D.F. Romero, Public Services Director, explained the city plan for street access to the Molinary property at the time the Whelchel warehouse was built and the city's action-in-allowing Whelchel to use the access road in order to avoid an ad&itioiTal.driVewa_y to_the_warehouse_ next- to.this future street. John Boucher, Attorney for Bruington, stated that he felt that Whelchel had some right to use the molinary access road. He continued that he did not believe that Whelchel had acquired rights by this use, but only by permit. He agreed that Whelchel had some rights to access to his property, and that Mr. Bruington would still be willing to cooperate with Whelchel to protect that access. But, he felt that time was of the essence in this development and asked the council to approve the final map as presented with no change to street and then allow the two property owners to work together for a reasonable access to the property. He felt that there were too many unknowns to try and settle the access matter at this time, particularly due to the time restraints on financial commitments to Mr. Bruington. He again reviewed the sketch prepared by Mr. Bruington which he felt could be made to allow the access. He again urged the council to approved the final map. Ken Bruce, Planning Department, stated the item before the council was the final map for Tract No. 744. He stated upon advice of staff, the Planning Commission had rejected the proposal for a joint use of the access road. He said it was their policy not to mix commercial and residential traffic on the same street. Clell Whelchel again stated that at no time during 1978 or 1979 had he recei;ied notice that his property was involved in this development. He said his first notice was in November of 1979. Councilwoman. Billig _stated it was an'.unfoxtunate sLtuation and she felt the Planning Commission had recognized the problem and rejected access compromise. She felt the final map should be approved subject to a con- dition that the access matter should be resolved. George Thacher again felt the final map should be approved with a condition of approval to clarify the access matter. Councilman Munger stated he too agreed with Councilwoman Billig's comments to approve the final map and add a condition the approval that access be provided somewhere to the Whelchel property. On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4149 (1980 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Tract No. 744, Villa Fontana, located at 2895 South Higuera Street, with the following condition added: 4. The council strongly urges that the subdivider and adjacent owner Mr. Whelchel attempt negotiating a mutually acceptable access point through the Dennis Transfer property with any appropriate changes to the approved precise plan referred to the Planning Commission for action. Resolution passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Dunin•.. NOES: None ABSENT: Councilman Bond and Mayor Cooper 2. City Council considered the final map of Minor Subdivision 79 -223, 1055 Southwood Drive. Public hearing held April 15, 1980, Item No. 17. Items to be considered by the City Council were: 1. Reconsideration of Condition No. 2 of the Resolution of Approval of the tentative map relating to the removal of the tank. City Council Minutes April 22, 1980.- 12:10 p.m. Page 3 2. Consideration.of approval of.the common access agreement on.the two-lots split. 3. Consideration-of a final.map for Minor.-Subdivision 79 -223, splitting one.lot.into.two located at.Laurel Lane and- Southwood.Drive; New World Investments, applicant. ' Since the public hearing, the staff.prepared. two alternate. resolutions: 1.. Approving the final map.with the tank.removal bonded.to.be removed within 90 days. 2. The.alteraate.resolution would.be approving the-final map for.Minor Subdivision.No. 79- 223 ,.tank- to..be..removed.within 90.days from the date of conditional approval of the map, but prior to recording. J.H. Fitzpatrick, City Clerk, upon.questioning of.the City.Council,.stated that.the water acreage.and inspection fees had-been filed in the total amount of.$17,265.00, and.that two bonds-had been filed with..the city: one.$30,000 Performance Bond to -cover installation of curbs., gutters,. sidewalks, electricity, 53-trees, and .remove the water tank within 90.days of approval;.and a second bond of $15,000 for labor and materials. D.F. Romero, Public Services-Director, again..reviewed the development of .this minor subidivision, what was to be-accomplished by the council's action, and.the alternatives-for approval of the removal of the water tank. He recommended that.the City Council approve the .alternate outlined on. page II -2, which would approve the final map and bond the tank removal which if not removed in 90 days would be done by the City of San Luis Obispo. George Thacher, :City:Attorney,.again reviewed the conditions of.the two alternate resolutions presented for council information.::,_: John King, Developer,.stated.he.had- been.contacted by the City .of.Guadalupe, California, who were in need of such.a water tank and that he would give the tank free of..charge to the City of Guadalupe if they would remove it. If they do not remove it within the 90 -day period, he would blow the tank.down.and.have the.metal. cut up for scrap. ..On.motion..of Councilman Munger .,..seconded.by..Councilwoman Billig,..:the.following resolution was introduced.:. Resolution.No. 4150 (1980 Series), a resolution approving the final map.of Minor.Subdivision No. 79 -223, located at Laurel Lane and.Southwood Drive.. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Billig.and Dunin NOES: None ABSENT:. Councilman ... Bond.and.Mayor Cooper 3'. There being no further business--to--come before-the City Council, Vice-Mayor Dunin adjourned the meeting at 1:40 p.m. to 4:00 p.m. Tuesday, May 6, 1980. APPROVED BY COUNCIL ON:. 5/6/80. J 'Fitzpatrick, City Clerk