HomeMy WebLinkAbout10/23/2007MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 23, 2007 - 7:00 P.M.
VETERAN'S HALL, 801 GRAND STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Andrew Carter, Allen Settle,
Vice Mayor Christine Mulholland and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell,
City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck,
Assistant City Administrative Officer; Assistant City Attorney
Christine Dietrick; John Mandeville, Community Development
Director; John Moss, Utilities Director; Neil Havlik, Natural
Resources Manager; Doug Davidson, Deputy Community
Development Director — Development Review; Phil
Dunsmore, Associate Planner
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Mayor Romero commenced the meeting with a moment of silence in honor of the
firefighters and citizens impacted by the fires raging in Southern California.
City Clerk Hooper reminded those present that the meeting was not being
broadcast live and announced the playback schedule.
PUBLIC HEARING
1. CONSIDERATION OF A REQUEST TO ANNEX PROPERTY INTO THE
CITY AND AMEND THE GENERAL PLAN MAP TO ACCOMMODATE
RESIDENTIAL DEVELOPMENT AT THE EASTERN BOUNDARY OF
THE CITY (1600 BISHOP, 2220 FLORA (SUNNY ACRES ESTATES
ANNEXATION); 0 FAIRVIEW ( FAIRVIEW ESTATES ANNEXATION);
1700 HARMONY (HARMONY WAY MINOR ANNEXATION); 1925
SYDNEY, 1854 SYDNEY, AND 0 SYDNEY (SYDNEY STREET
ANNEXATION) - GPIRIER!TR 135-06.126-06.142-04.4-05).
City Attorney Lowell announced that because letters of withdrawal had been
received for the Sunny Acres Estates and Harmony Way Minor Annexation
applications, only two matters will be heard at this meeting, the Fairview Estates
and Sydney Street annexations. As a result, Mayor Romero will be able to
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Tuesday, October 23, 2007
participate in the hearing because the remaining two applications being
considered are no longer linked to the two which have been withdrawn, including
the one which triggered a potential conflict of interest.
Because of questions that have been raised related to whether he can make an
unbiased decision on the matters before Council at this meeting, Council Member
Settle stated for the record that while he has met with some of the principals and
has expressed concerns related to them, he will remain open minded as he
listens to the testimony presented and will be able to make a fair and impartial
decision.
In response to Council Member Carter, City Attorney Lowell explained the impact
and options of a withdrawal, continuation or denial of a project. Also at the
request of Council Member Carter, he read an e-mail to a citizen that expressed
Council Member Settle's opposition to development on the hillsides, commented
that this is a political process, noted that Council Member Settle has indicated
that he has kept an open mind, and explained that it is Council Member Settle's
decision as to whether to participate in the meeting.
Council Member Settle explained that the preservation of hillsides has been an
ongoing concern of his for many years and these were the concerns he
expressed.
In response to Vice Mayor Mulholland, City Attorney Lowell clarified that the
matters before Council at this meeting are legislative in nature. He further
clarified that Council is able to act on the two remaining annexations.
Mayor Romero called for comments from the public who objected to proceeding
with the hearing at this meeting.
Jo Ann Wheatley, San Luis Obispo, said she objected to initially combining these
four annexations into one project and had concerns that they were now being
separated.
There were no further public comments on proceeding and the Council was not
interested in approving a continuance.
Community Development Director Mandeville introduced the agenda report,
following which Associate Planner Dunsmore provided a more detailed overview
of the Sydney Street and Fairview Estates Annexations. He responded to
questions throughout his presentation and reviewed the CAO recommendation
which directed the applicants to amend the Sydney Street Annexation application
to more closely comply with General Plan Policies and proceed to the
environmental impact report stage and to deny the Fairview Estates Annexation
proposal. 1
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Tuesday, October 23, 2007
Mayor Romero opened the public hearing.
David Watson, representing King Ventures and the King property annexation
(Sydney Street) spoke in support of the CAO recommendation. He explained that
the environmental impact report is necessary in order to gather information for an
evaluation of the potential policy conflicts and possible solutions. He discussed
the history of the project and explained why the Sydney Street Annexation could
be considered independent of the other proposed Eastside annexations, thereby
eliminating the requirement for a water tank large enough to support all of the
annexations. He objected to prohibiting development beyond the development
limit line since he thought its limitation related to water access. He suggested that
he will proceed with a development within the county if Council denies the current
request.
Carol Florence, representing the Fairview Estates Annexation, clarified that the
request before Council is not to approve an annexation, but to authorize an
Environmental Impact Report. She displayed maps and discussed the revised
proposal that was submitted based on concerns expressed by the Planning
Commission and the public. She displayed drawings that depicted views from
Terrace Hill and from the Villa Rose development, and explained that the
proposed development is slightly below the Alrita Development. She asked
Council to permit the applications to move through the study process.
In response to questions raised by Council Member Carter, Utilities Director Moss
discussed the need for the larger water tank to service the area and explained the
importance of looking at this as a regional situation. Staff's concerns relate, in
part, to fire protection and system reliability, particularly if there was a power
outage.
The following people asked Council to uphold the Planning Commission
recommendation to deny the annexation requests. Unless otherwise noted, the
speakers are residents of San Luis Obispo.
Pat McKeague
Jim Lewellen
Adam Hill
Suzie Valadez
Charles Felix
John Edmisten
Michael Sullivan
John Altman
Earle Murie
Deborah Cleere
Randy Allen
Charlene Abeloe
Karen Merriam (Chair,
Santa Lucia Chapter of
Sierra Club)
Alan Thomas
Carol Rich
Cameron Tapp (County
resident)
Steve Zawalick
Jean Hyduchak
JoAnn Wheatley
Terry Mohan
John Belsher
Janie Holland
Martha Chivens (County
resident)
Nikki Jakins
Sean Laughney
John Ashbaugh (Planning
Commissioner)
Stacey King
Bill Herreras
V.L. Holland
Orval Osborne
Jan Hall Marx
Pat Mullen
Mila Vujovich- LaBarre
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Tuesday, October 23, 2007
Council recessed during the public hearing from 9:00 until 9:10 p.m. and resumed 1
with all members present.
Following is a list of some of the comments or concerns expressed by the prior
speakers:
• Houses should not be built above the 460 foot development limit because they
are at greater risk of fires, mud slides, and floods.
• The proposals will result in a loss of views and open space.
• Safety issues will arise on the sloped roads during the rainy season, traffic will
increase.
• Approving development above the 460 foot development limit line will set a
bad precedent.
• There is seismic instability on steep slopes.
• Bicycle access would be limited because of the steep slopes.
Mayor Romero closed the public hearing.
Council Member Brown clarified that the sphere of influence does not guarantee
development, but provides the City with more influence as to what can be
developed in these areas. He pointed out there have been times when
development has exceeded the 460 foot development limit line. However, in this
case, the two projects before Council require more exceptions and are less
warranted because of slope and other issues.
Vice Mayor Mulholland opposed the loss of open space and the development on
the hillsides above the development limit line. She encouraged the property
owners to pursue the concept of transferring development credits to pursue
development on a more suitable property. She discussed the importance of the
County and City working together on projects within the City's urban boundary.
She expressed concern regarding the withdrawal of the Sunny Acres Estates and
Harmony Way Minor Annexations at the last minute.
Council Member Carter discussed his site visit to the Filipponi and Twisselman
properties (Fairview Estates) and said he could not approve the project as
proposed because of the steepness of the slopes. He explained why the only
reason he would support the King property (Sydney Street) Annexation would be
for the installation of the water tank, which is important for fire suppression in that
area. He discussed the Planning Commission's action on the sphere. of influence
for this area and concurred with Council Member Brown's comments regarding
the purpose of the sphere. He concurred with and expanded on Council Member
Brown's comments regarding the development limit line, and noted that there are
large variations in the altitudes of the urban reserve line throughout the City.
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Tuesday, October 23, 2007
Council Member Settle spoke in support of the Planning Commission
recommendation. He expressed his continuing concerns regarding hillside
development, noting the importance he places on the development limit line. He
was also particularly concerned about potential fire hazards. He suggested that
the solution to these development proposals is transferring development credit.
Mayor Romero expressed concern that if the City opposes the annexation
applications, development could receive approval from the County with lesser
standards. However, he agreed that the Filipponi - Twissman site is too steep to
develop and that the transfer of development credits may be the best option. He
indicated that the loss of views was not of concern to him and that he did not think
flood issues would increase. Additionally, he thought the proposals would
increase fire protection and that the City would benefit from the open space.
However, he said that in light of the community outpouring in opposition to the
proposals, he would not support the CAO recommendation.
Council Member Brown questioned whether any Council Members wanted to
consider further the King property annexation. There was no interest in doing so.
Council Member Carter clarified that the King property has the potential for a
water tank for fire suppression. He reiterated that the installation of the water
tank is needed for good fire suppression in that area and this would be the only
reason why he had an interest in the King annexation. He stated, however, that
he is going to support the motion.
ACTION: Moved by Mulholland /Settle to adopt, based on findings:
1) Resolution No. 9936 (2007 Series) denying a General Plan
Amendment, Prezoning and Annexation for property located at
1925 Sydney Street (ER/GP /R/ANNX 4 -05). 2) Resolution No.
9337 (2007 Series) denying a General Plan Amendment,
Prezoning, and Annexation for property located at 0 Fairview
(Fairview Estates; ER/GP /R/ANNX 126 -06). The motion did not
include the denial of Tentative Tract Maps 2827 or 2773; motion
carried 5:0.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 10:51 p.m.
Audrey 1-14opei
City Clerk/
APPROVED BY COUNCIL: 11/20/07