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