Loading...
HomeMy WebLinkAboutMinutes 121991 - Special MtngApproved as Submitted 1/14/92 ATASCADERO CITY COUNCIL MINUTES SPECIAL MEETING - DECEMBER 19, 1991 Mayor Shiers called the special meeting to order at 7:02 p.m. Councilman Dexter led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Borgeson, Lilley, Dexter and Mayor Shiers Absent: Councilman Nimmo Also Present: City Treasurer, Micki Korba; and City Clerk, Lee Raboin Staff Present: Henry Engen, Community Development Director; Art Montandon, City Attorney; Bud McHale, Police Chief and Lt. Bill Watton, Police Department Consultants: Paul Crawford and Dave Moran from the firm of Crawford, Multari & Starr COUICIL COMMENT: Councilwoman Borgeson announced that she had received numerous phone calls regarding the potential use of the National Guard Armory, (located on the corner of Traffic Way and Olmeda Avenue) as a homeless shelter and asked staff if it would be appropriate for the City Council to hold a special hearing or take any action on this matter. Mayor Shiers reported that he had also taken many calls on this issue and understood that the ultimate decision would be made by the County Board of Supervisors. The mayor explained that the Board had met and received related testimony earlier in the week but had not taken any action because there had been no formal proposal with associated mitigation measures presented. Lt. Bill Watton of the Police Department reported that the Armory would have to be opened by the State through a request f rom the Special CC12/19/91 Page I County Office of Emergency Services and confirmed that no written proposition has been submitted. PUBLIC HEARING: GENERAL PLAN UPDATE AND FINAL ENVIRONMENTAL IMPACT REPORT: Consideration of General Plan Update of proposed Land Use, Conservation aad Open Space Elem@nts and EiLnal Environmental Impact Repc@r-t Henry Engen provided background, highlighted key issues of concern and indicated Planning Commission and staff recommendation was to approve the General Plan text as proposed and certify the adequacy of the Environmental Impact Report (EIR). Mr. Engen introduced Paul Crawford and Dave Moran of Crawford, Multari & Starr, the consultant firm retained to prepare the EIR. In addition, the Community Development Director noted several letters received most recently from the public. Mayor Shiers announced that the City Council would take public testimony on the General Plan Update but would not be taking any action due to the absence of Councilman Nimmo, who plans to listen to the tapes of the hearing prior to the future scheduling of this matter. Councilwoman Borgeson commented that the EIR described the setting of Atascadero as residential with lot sizes ranging from one-half acre to 10 acres. She asked if this statement would be revised to reflect the allowance of planned unit developments (PUD) and subsequent approval of single-family homes on lot sizes smaller than one-half acre. Mr. Engen explained that the intent of the statement was to give the broad characteristics of the community. Councilwoman Borgeson also asked why water sources other than those provided by Atascadero Mutual Water Company were not named in the EIR. Mr. Engen reported that the draft General Plan does provide an alternate source listing under the water section and referred to page II-18 of the plan. Councilwoman Borgeson requested a clari- fication of the reported amount of water proposed to be stored by Atascadero Mutual Water Company in the new San Carlos Road reservoir. Mr. Engen noted that the figure "three and one-half million gallons" should be corrected in the text to "five and onehalf million gallons". Public Camments: Livia Kellerman, 5463 Honda, read a prepared statement (see Exhibit A) in support of creek setbacks. Richard Bastian, Atascadero resident, opposed creek setbacks and asked that property rights be respected. Special CC12/19/91 Page 2 Nancy Rice, 4245 Arena, read a prepared statement (see Exhibit B) in support of creek preservation. Jan Bewley, 12090 San Marcos Road and President of the Atascadero Board of Realtors, spoke in opposition to the following: (1) direct downzoning of major multi-family area on North El Camino Real (2) the indirect downzoning of property through the requirement of a five-minute travel time for fire response J' (3) the change in zoning proposed for the Ferrocaril property on Traffic Way and San Benito and (4) the 30% slope requirement of suburban family. She concluded by stating that downzoning represents the taking of property without the giving of consideration. Carol Ball, 7070 Marchant, commented that she believed the fiftyfoot creek setback was inappropriate language for the General Plan because it is too specific and restrictive. She stated that creek setbacks should be considered in a zoning ordinance. Ms. Ball remarked that she was in favor of developing all nodes along Highway 101, including the property between Santa Barbara Road and the Atascadero Hospital, as Commercial Retail because of potential economic benefit to the community. Ms. Ball also commented that the Ferrocaril property should be retained for an Industrial Park. Eric Greening, 7365 Valle, read a prepared statement (see Exhibit C) in which he addressed concerns relating to land affected by the proposed re-routing of Highway 41, Stadium Park and creek setbacks. Lester Jeffries, Rancho Palos Verdes resident and Atascadero property owner, spoke in opposition to not permitting new lots to develop if there is more than a 30% slope or if it is outside the a five-minute emergency response time area. Ron Rothman, 1660 San Ramon Road, spoke in support of creek preservation and encouraged continued study. He urged the Council to implement and monitor Ordinance No. 236 and inspire the community to clean up and make improvements within the creek reservation areas. Mr. Rothman asserted that he had not seen any report that defines and documents threats to the creek and suggested that those who feel that they do exist document their concerns and offer possible solutions for the community to debate. Roger Miller, 6675 Santa Ynez, opposed downzoning of certain properties from RMF-16 to RS because it would create a drop in affordable housing. He spoke in support of retaining Industrial designation for the Ferrocaril property. In addition, Mr. Miller favored the fifty-foot creek setback, but reported opposition to the five-minute emergency response time. He speculated that this requirement might pose some liability problems for the City and suggested that some kind of waiver of liability be devised whereby the property owner is permitted to develop but acknowledges his Special CC12/19/91 Page 3 property is outside the response time. Lindsay Hampton, 8402 Alta Vista, submitted the Creekway Resolution unanimously adopted by the Atascadero Homeowners' Association on October 17, 1991 (see Exhibit D) proclaiming support for creek preservation and setbacks. Don Saueressrig, 10735 San Marcos Road, expressed support for the fifty-foot creek setback and opposition to the five-minute emergency response time. Eric Michielssen, 5300 Aquila and representing Atascadero 2000, criticized the plan for not being creative. He summarized to his letter of December 19, 1991 to Henrv Engen, which outlined five concerns relating to: (1) Jobs/Housing Balance: Atascadero 2000 opposes the reduction in RMF-16 lands and the Ferrocaril zone change, and believes the plan does not address Air Pollution Control District concerns; (2) Industrial Areas: Atascadero 2000 supports retaining the Ferrocaril property and adjacent property owned by Atascadero Mutual Water Company on Sycamore Road as Industrial and argues that the plan leaves insufficient useable Industrial land in the City; (3) RMF-16 Zoning: Atascadero 2000 opposes the re-zoning of RMF-16 land to RS claiming it eliminates 449 potential units and creates a large area of existing mobilehome parks as non-conforming uses; (4) Urban Services Line: Atascadero 2000 opposes the chosen boundary and urges adoption of Alternative "Bl'; and (5) Re-Development Funding: Atascadero 2000 supports the establishment of a re-development agency in new Industrial areas to provide extension of needed infrastructure improvements. Ken Marks, 9073 Circle Oak Drive, asked the Council to look closely at the five-minute emergency response time issue. He asserted that if the plan is adopted, the City will lose fine opportunities for development and free enterprise because of added mitigation measures. Celia Moss, 8040 Coromar, read a prepared statement (see Exhibit E) in support of fifty-foot creek setbacks. She also read a letter from Jean Young Behan of 4925 El Verano (see Exhibit F) offering a favorable position on the fifty-foot creek setback issue. John Bunyea, Atascadero resident, addressed traffic congestion problems around the Lewis Avenue Elementary and the Junior High schools, and shared concern for student safety once the elementary school has been converted as an additional Junior High School campus. Catherine Baker, 6820 Santa Ynez Avenue, stated that she and her husband, Jim, were in favor of the fifty-foot creek setback. Special CC12/19/91 Page 4 Joan O'Keefe, 9985 Old Morro Road East, submitted a detailed statement (see Exhibit G) and supporting documentation (on file with the City Clerk) urging adoption of the General Plan Update and EIR. In a brief summary of her statement, Ms. O'Keefe criticized Council action to date regarding creek preservation and indicated that she supported mitigation measures recommended in the EIR which include the adoption of a fifty-foot creek setback. Karen Riggs, 4935 Arizona, asserted that the fifty-foot creek setback standard is the most important environmental protection measure the City can adopt. Matt Riggs, 4935 Arizona, added his support for the creek setback standard. Anna Hartig-Ferrier, 7205 Carmelita, asked the Council to put back the fifty-foot creek setback language into the General Plan. Steve LaSalle of Atascadero read a prepared statement (see Exhibit H) in support of the fifty-foot creek setback and asked the City Council to incorporate into the General Plan requirements for the use of shielded lights to reduce glare. Vincent Simpson, 1780 San Ramon Road, voiced opposition to the fifty-foot creek setback and stated that he had already built a barn on his creekside property. Karen Coniglio, 7600 Graves Creek Road, read a nrepared statement (see Exhibit I) sharing concern for protecting wildlife habitat and and in support of implementing the fifty-foot creek setback standard. James Watson, 8400-8600 Atascadero Avenue, reiterated his petition to the Planning Commission for an increase in the density allowed from Moderate Density Single Family to High Density Single Family to allow for half acre lots. Mayor Shiers called a break at 8:50 p.m. At 9:10 p.m., the meeting was reconvened. Public Testimony continued. Dorothy Bench, 7503 Carmelita Avenue, expressed opposition to the fifty-foot creek setback claiming that this action would be confiscation without compensation. She stated that property owners cannot afford to give up their land. Larry Sherwin, 2755 Campo Road, reported that half of his property would be lost with a fifty-foot creek setback. He stated he was opposed to putting more restrictions on the tax payers and mentioned that he, personally, has cleaned up the creek on his own land. Mr. Sherwin added that if he had known (about the potential Special CC12/19/91 Page 5 setback) when he bought his property, he would have been offered the opportunity of choice. Ursula Luna, 10600 San Marcos Road, submitted a written statement (see Exhibit J) supporting the enactment of a fifty-foot creek setback standard. Don Hartig, 7205 Carmelita Avenue, urged the Council to adopt a creekside protection plan and implement a f if ty-foot creek setback. In addition, he read statements from the following citizens: Mike Kirkpatrick, 6606 Santa Cruz Road (Exhibit K); Ronald Kiel (Exhibit L), 9090 La Canada; and Harvey Levenson, 7570 Balboa Road (Exhibit M) all of which support creek preservation and/or the fifty-foot creek setback standard. Rex Hendrix, 8855 Rocky Canyon Road, asked questions concerning the area designated for a specific plan at the south end of Atascadero. Mr. Engen explained that the area Mr. Hendrix was inquiring about was between Paloma Creek Park and the State Hospital south to Santa Barbara Road between the freeway and the Salinas River. He stated that present zoning would allow permits for single-family housing in the Suburban-Residential zone. The specific plan language, he continued, indicates that the outlined area is a candidate for alternate land uses and invites planning with a more intensive use, but noted it would take either a specific plan under State law or a general plan amendment. Mr. Engen explained the difference between the two alternatives and reported that it was up to the applicant to pay the fees and work through the process to make a change. Mr. Hendrix commented that he wondered why the node at Santa Barbara Road and Highway 101 was not addressed during this General Plan change. He added that it was a shame to see this property be developed with two and one-half acre housing when it could be used for something that would promote tourism. Marj Mackey, 5504-A Tunitas Avenue, spoke in support of the fiftyfoot creek setback standard adding that she was the only councilmember who objected to removing subject language from the current General Plan. Tim McCutcheon, Atascadero business owner, shared concern for a lack of affordable housing and contended that the General Plan Update would reduce housing opportunities. Jim Reyburn, 11705 Santa Rita Road, spoke in opposition to the proposed fifty-foot creek setback and mentioned that 70% of his property is on the creek. He asserted that individual property owners can keep the creek clean. Special CC12/19/91 Page 6 Dorothy McNeil, 8765 Sierra Vista Road, read a prepared statement (see Exhibit N) in f avor of creek setbacks and pointed out that the proposed language only applies to new construction and would not, therefore, constitute a taking of land. In addition, she commented that 80% of emergency response is for medical services and stated that it was the City's responsibility to provide these services to all residents. Loraine Russell of Atascadero spoke in opposition to creek setbacks claiming that they are of no benef it to the community and could exclude her building in line withother houses along Atascadero Creek, off of Carmelita Avenue. Virginia Powers, 7505 Carmelita Avenue, read a prepared statement (see Exhibit 0) in support of the fifty-foot creek setback. John McNeil, 8765 Sierra Vista ' read a prepared statement (see Exhibit P) urging Council approval of fifty-foot creek setbacks. LeeAnne Hagmaier, Planner with RRM Design Group in San Luis Obispo, complimented City staf f and the Planning Commission on the General Plan Update. She indicated that she had written Steve DeCamp, City Planner, and summarized options she suggested to policies regarding 30% or more slope and fire response time. Bob Powers, 7505 Carmelita Avenue, read his statement in favor of fifty-foot creek setbacks (see Exhibit R). Sarah Gronstrand, 7620 Del Rio Road, read a prepared statement with attachments (see Exhibit Q) in debate of comments made by Brian Hunter, Regional Manager of the State Department of Fish & Game in his letter to Henry Engen dated September 9, 1991 responding to the General Plan Update and the EIR. Ollie Bishop, 7655 Carmelita Avenue, spoke in support of creek setbacks and submitted her statement (see Exhibit S). Bob Huot, 3850 Ardilla Road, indicated that he was also in favor of the fifty-foot creek setback standard as recommended by the Planning Commission and the Atascadero Homeowners' Association. Richard Bastian requested, again, that the City Council respect individual property rights. Joan O'Keefe, also re-addressed the Council speaking in support of the both policies regarding the five-minute emergency response time and 30% slope. The City Clerk announced that a number of letters written by residents had been submitted by others present during the course of Special CC12/19/91 Page 7 the evening and read each into the record. All the letters read were in support of the fifty-foot creek setback and were from the following Atascadero residents: Alfred & Daphne Fahsing - (Exhibit T) Debra Leasure - (Exhibit U) Erma L. Davis - (Exhibit V) Michael J. Hungerford - (Exhibit W) Marcia M. Joyce - (Exhibit X) Nancy Hyman - (Exhibit Y) Mabel & Harold Poland - (Exhibit Z) Howard G. Marohn - (Exhibit AA) James W. Carpenter - (Exhibit BB) Barbara & John Barnard - (Exhibit CC) John W. Cole - (Exhibit DD) Beatrice Anson - (Exhibit EE) William C. Ferguson - (Exhibit FF) Steve Luna - (Exhibit GG) --- End of Public Testimony--- Mayor Shiers closed the public hearing. By unanimous vote on a motion by Councilman Lilley, the special meeting was adjourned at 10:20 p.m. and the matter was continued to January 14, 1992. NINU ,=S--REC04DED AND PREPARED BY: RABO Clerk Attachments: Exhibits A - GG Special CC12/19/91 Page 8