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HomeMy WebLinkAbout03/17/19811 1 Pledge Roll Call Councilmembers Present: Absent: City Staff M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 17, 1981 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Melanie Billig, Gerald..Munger, Ron Dunin, and Mayor Lynn Cooper Alan Bond Present: Lee Walton, Administrative Officer; George Thacher, City Attorney; Pamela Voges, Acting City Clerk; Henry Engen, Community Development Director; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Richard Minor, Fire Chief; Roger Neuman, Police Chief; D.F. Romero, Public Services Director; Ken Bruce, Planning Department; and Olivia Grande, Recording Secretary E -1. At this time the City Council considered a resolution authorizing purchase of real property for construction of parking facilities to service the downtown area of the city; property identified as all of lots 4 and 10, that certain portion of land designated as "alley ", and the northwesterly 5.50 feet of Lot 12 as shown on the map of Mrs. N.E. Call's subdivision of portions of blocks 14 and 18 of the City of San Luis Obispo. City appraised the property at $450,000. Pam Voges, Acting City Clerk, stated that the property owner has agreed to sell the property to the -City for its value as appraised by City's consultant appraiser, for the negotiated purchase of $455,000. Lee Walton, Administrative Officer, added that the contract does not include preparation of the model of the structure. He said that the architect could prepare the model for about $1100.00 with help from Cal Poly students, and that the City should negotiate with the architect on preparation of the model. On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4429 (1981 Series), a resolution of the City of San Luis Obispo authorizing the purchase of real property for construction of parking facilities. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, D'uriigv, rand- mlayor Cooper Cooper NOES: None ABSENT: Bond 1• At this time the City Council held a public hearing to consider a Planning Commission recommendation to approve the tentative map for Minor Sub- division No. 80 -174 to combine 16 lots into three lots and reflect abandoned street located at 2238, 2246 and 2252 Broad Street; C -N and C -H -S zones; Mid -State Bank and Southern Pacific Company, subdividers. Henry Engen, Community Development Director, stated that the City Council adopted a resolution of intention to abandon a portion of Emily Street south of South Street right -of -way on July 3, 1979. At the same time, they approved a minor subdivision (MS 79 -101) establishing a new lot line along the center of the street to be abandoned (joining portions of the street to adjacent parcels) and combining all or portions of seven existing lots and a portion of the Pacific Coast Railroad right - of -way into a single 2.4 acre parcel. The minor subdivision was granted a 12 -month City Council Minutes March 17, 1981 - 4:00 p.m. Page Two time extension to record a final map by the City Council on July 1, 1980. A final map was never filed. A new subdivider has submitted the subject application to effectuate the Emily Street abandonment with a modified parcel arrangement and larger property boundaries. The subdivider is requesting approval of a minor subdivision to effectuate the Emily Street Abandonment and to create 3 lots from 16 old lots of record and a portion of the old Pacific Railroad right -of -way. The intent of the subdivider is to construct a neighborhood - commercial shopping center with a bank on the two Broad Street parcels. According to preliminary plans, the shopping center would have a common parking and access arrangement with 2 common driveways providing access to both lots, one at the end of Alphonso Street and another along Broad Street. These common driveways are depicted -on the tentative map. The Planning Commission, on a 5 - 0 vote, recommends the council adopt the draft resolution granting approval of the tentative parcel map for Minor Subdivision No. 80 -174 subject to findings and conditions listed in the resolution. Mayor Cooper declared the public hearing open. Vic Montgomery, representing the applicant, briefly stated that the project proposed is for a savings /financial transaction center, Mid -State Bank; and added that the project had been through hearings at the Planning Commission level about two years ago. He said he was available to answer any questions the City Council might have. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he would support the Planning Commission recommendation. On motion of Councilman Bond, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4417 (1981 Series), a resolution of the City of San Luis Obispo granting approval of tentative map for Minor Subdivision No. 80 -174. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger; tj: Dunin,D,Bilrlig} -and tMayoi.,rLoo.p- er --_,;L;__ NOES: None ABSENT: (Bond 2. At this time the City Council held a public hearing to consider an appeal by Jerry Holland on behalf of R. Warner of a denial by the City Planning Commission to process an application for rezoning property located at 1126, 1134 and 1144 Mill Street. Henry Engen, Community Development Director, reviewed the staff report stating that the Planning Commission decided not to reverse a determination made by the Community Development Director to require the submittal of a general plan amend- ment application before the rezoning of the Mill Street property can be considered. In response to a question from Councilman Dunin, George Thacher, City Attorney, stated that a similar general plan interpretation issue came before the City Council about 18 months ago, and said in that case there was a very specific delineation where the general plan line was drawn on the map. In this case the line was drawn down the middle of the block, with no specific landmark delineating. Therefore, he said that as far as the line was concerned the council had latitude to grant or deny the appeal. He told the council that if the appeaal was denied the applicant would have to come back for a General Plan Amendment. Mayor Cooper declared the public hearing open. Jerry Holland, applicant, stated that when he approached the staff with the idea of a rezoning last January, he was told he would need a General Plan Amendment. He said there was some discussion about where the line follows and that it does not split the lot. He said that on the General Plan the lot did; follow property lines. Mayor Cooper declared the public hearing closed. C 1 City Council Minutes March 17, 1981 - 4:00 p.m. Page Three Councilman Dunin stated that the proper procedure would be to initiate the General Plan Amendment to remove the inconsistencies. Councilwoman Billig said that the intent of .the General Plan was to have offices fronting on Santa Rosa Street and not encroach into the residential neighborhood. For that reason and because we need housing in the downtown area, she would support the Planning Commission recommendation. ' Councilman Bond agreed that a General Plan change should be initiated, to clean up the situation in general. Councilman Munger felt that the P -0 line was drawn with some intent, and thought that it was an unfortunate thing that the discrepancy puts a property owner in . a position of not being able to get a straightforward answer, and would support the appeal. On motion of Councilman Munger, seconded by Mayor Cooper, that the appeal by Jerry Holland on behalf of R. Warner of a denial by the City Planning Commission to process an application for rezoning property located at 1126, 1134 and 1144 Mill Street be upheld. Motion carried. AYES: Councilmembers Munger, Cooper, and Dunini ?.ur)d NOES: Councilmember Billig ABSENT: 'Councilmember Bond 3. At this time the City Council held a public hearing to consider the final map for Minor Subdivision No. 79 -161 located at South and Beebee Streets; Blake Printery, subdivider. Mayor Cooper declared the public hearing open. No one appeared_.before the City Council for or against the appeal. 1 On motion of Councilwoman Billig, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4418 (1981 Series), a resolution of the City of San Luis Obispo approving the final map for Minor Subdivision No. 79 -161 located at South and Beebee Streets. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger',' Prod- _MayorjCpdper -a - NOES: None ABSENT: Counclmember Bond 4. At this time the City Council held a public hearing to consider an appeal by Garry. Holdgrafer of a decision of the City Planning Commission to reduce proposed building plans by 5000 square feet and bring new design back to Commission; proposed building located at 1449 and 1485 Auto Park Way. Henry Engen, Community Development Director, reviewed the staff report and stated that on January 28, 1981, the Planning`Commissi.on approved the use permit on a 4 - 1 vote subject to 13 conditions. The last condition, Number 13, of the approved use permit states,. "Site plan shall be revised and resubmitted for Planning Commission approval with the following changes: A) revision of driveways, parking and aisles to create better site circulation. B) Reduction of floor space in Building "A" and "D" equivalent to one module space in each building." Planning staff recommends the appeal be denied and Condition No. 13 remain as approved by the Planning Commission. Mayor Cooper declared the.public hearing open. David Brannon, architect for the project, stated that they are appealing the reduction and have moved back Building A in response to the ARC's concerns. He thought that there was a misunderstanding of the scale of the project and thought that the building could easily handle the congestion. He said that the building coverage is only 33 percent and they have exceeded the required back -up spaces, ending up with a project with less building, better circulation, better parking back -up and more parking spaces; and in each case he has exceeded the zoning ordinance. He gave a brief description of the design of the condominium units. City Council Minutes March 17, 1981 - 4:00 p.m. Page Four Garry Holdgrafer, developer, said that he approached Dave Romero about 1� years ago and told him that he would like to have a density of about 115,000 square feet of building, and that they reduced it to 69,000 square feet. He felt it was a needed project in the city. He said if 5,000 square feet of building are taken away, it would not be feasible for the user to sell. Councilman Bond said that he would uphold the appeal, but was concerned about the automotive dealerships wanting to locate there and asked the applicant if he had any commitments yet. ' Garry Holdgrafer replied that it would be no problem selling the units. Dave Romero addressed some of the concerns with regard to the creek access. He said that as a compromise he offered to settle for a 12' access gate and-an all- weather dust -free access to the creek at each end of the property. . Councilman Dunin stated that he would support the project with the added condition that there be two (2) accesses to the creek and that the 12' gates be added to the conditions. Councilwoman Billig stated she would support the applicants on the appeal. On motion of Councilman Bond, seconded by Councilman Munger, that the appeal of a decision of the City Planning Commission to reduce proposed building plans by 5000 square feet and bring new design back to Commission be upheld, with the added condition that two (2) 12' access gates be provided. Motion carried. AYES: Councilmembers Munger.;u!Bill g iD'un_in, lindaMayor l'Coop -e ooper. NOES: None ABSENT: 'Councilmember Bond 5. Consideration of a request.from Cuesta Associates that the City accept bonding in lieu of four conditions imposed by tentative map approval of Tracts 603 and 608 located off Los Osos Valley Road and Descanso Street. Dave Romero, Public Services Director, recommended that the following improvements be installed without further delay: Tract No. 603 - a) condition no. 2, fencing; b) condition no. 6, tree planting on Descanso and Los Osos Valley Road - with a required cash deposit for street trees in the remainder of the tract; c) condition no 13, access road; d) condition no. 3, additional fencing; Tract No. 608 - condition no. 4, fencing and landscaping, tree planting on Los Osos Valley Road - with a cash deposit for the remainder of the street tree. The City Council considered Tract 603 and Tract 608 as separate items for discussion. Tract 603 - There was a general discussion about the upkeep of the trees and the council presented their concerns about the trees dying in the developments before people are moved in. Dave Romero replied that the city will maintain the trees properly; even though shorthanded the department would make a special effort to see that these trees are properly maintained. Mr. Blaser commented that he has had experiences with Tract 290 and Tract 444 where the trees are not getting maintenance because the city does not have the staff to maintain them properly. He didn't think that"the addition of small trees would add that much to the aesthetics, and that a different configuration of trees should be considered. He added that to put in the fencing at this particular time is , wasteful; that fencing detracts and just doesn't represent anything. With regard to the fencing, Dave Romero said that the city is issuing building permits for parcels in Tract 603 now, and that staff had a concern about having a uniform fence. Mr. Blaser said that the fence will be the same fence throughout the development; that there is an architectural review committee to enforce it. City Council Minutes March 17, 1981 - 4:00 p.m. Page Five Tract 608 - Mr. Blaser stated that to install fencing and landscaping.at this time would be quite an expenditure of money and wasteful; didn't think it was a viable solution. Councilman Dunin felt that there is a possibility that those lots will be sold before they are developed. He said it seemed that there will be nobody there to look after the landscaping. He would support the applicant's request. Councilwoman Billig supported the staff's recommendation. Councilman Bond agreed with Councilman Dunin and said that it seems fair and equitable to go project by project. On motion of Councilwoman Billig, seconded by Councilman Dunin, to approve the staff recommendation as submitted for Tract 603 to require fencing and access road to be installed now and defer tree planting with a cash deposit for street trees. Motion carried. -OoDer AYES: Councilmembers Billig, Dunin, Munger,"`and =Mayor = Cooper Cooper NOES: None ABSENT: Councilmember Bond On motion of Councilman Munger, seconded by Councilman Dunin, to accept the applicant's request on condition no. 4 of Tract 608, bonding in lieu of fencing with cash deposit required for deferred tree planting. Improvements to be installed at staff discretion. Motion carried. AYES: Councilmembers Munger, Dunin, and= fMayor? Cooper �z�'aper .NOES: Councilmember Billig ABSENT: :Councilmember Bond 6. At this time the City Council considered a request by the Salvation Army for the city to repair damaged storm drain at their facility located at the corner of Chorro and Islay Streets. Dave Romero, Public Services Director, stated that the storm drain traversing the Salvation Army property at the corner of Chorro and Islay Street has been failing for a number of years. He said that the box falls on private property and that the.city has no easement and no obligation to maintain it. He stated the entire box should be replaced with one or larger capacity and better structural capability. He recommended that the cost of the construction work should be borne by the property owner. Bob Williams said the he would be doing some repair work on the culvert, and commented that he didn't see where it would be any problem for the City to offer some help in repairing the storm drain in a reasonable manner. Councilman Munger stated that he would support the city donatingesome money for doing the necessary repairs. On motion of Councilman Dunin, seconded by Councilman Bond, to approve the con- tribution by the city of up to 50 percent (not to exceed $600) to make repairs on the basis that such repairs would serve to protect adjoining property in the city. Motion carried. AYES: Councilmembers Dunin, .,'Bi11ig:, . Munger ',..and- Mayor 7Coopec;o,..per NOES: None ABSENT: Cauncilmember Bond 7A. At this time the City. Council considered a resolution approving an agreement.- .between the City and SIDES for preparation of all necessary landscape plan.services for the Jack House. City Council Minutes March 17, 1981 - 4:00 p.m. Page Six Lee Walton, Administrative Officer, informed the council that a reviewing committee reviewed several proposals and selected SEDES for Landscape Architect services, due to the unusual character of this type of design work. He recommended that the council approve the resolution as proposed by the Jack House Committee. Councilman Dunin supported the recommendation. On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4419 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement between the city and SEDES for preparation of all necessary landscape plan services for the Jack House. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Munger,- aad;Mapor_Cooper','n =r: NOES: None ABSENT: �,touncilmember Bond 7B. Consideration of a resolution transferring necessary funds for the preparation of landscape plans for the Jack House. On motion of Councilman Dunin, seconded by Councilwoman Billig,.the following resolution was introduced: Resolution No. 4420 (1981 Series), a resolution of the council of the City of San Luis Obispo increasing revenue sharing fund a appropriations for the 1980/81 fiscal year. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Munger, randl'Mayor.TCooper " ooper. NOES: None ABSENT: touncilmember Bond 8. At this time the City Council considered a resolution urging that the Legislation adopt AB 115 to delete housing provisions from the Planning and Management policies of the California Coastal Act of 1976. On motion of Mayor Cooper, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4421 (1981 Series), a resolution of the City of San Luis Obispo urging that the legislation adopt AB 115 to delete housing provisions from the Planning and Management Policies of the California Coastal Act of 1976. Motion carried. AYES: Councilmembers Cooper, 1Iurigeri ;_Bi= 11ig;__aiiu:.aunnDu,',_❑ NOES: None ABSENT: •, Councilmember Bond 9. At this time the City Council considered plans and specifications for "Cerro Romauldo Culvert Replacement ", City Plan No. D -17, bid estimate $65,094 without contingencies. Wayne Peterson, City Engineer, stated that as a result of the inadequate capacity of the existing culvert structure at the Cerro Romauldo /Old Garden Creek crossing, areas south of Cerro Romauldo have experienced flooding several times in the past. He recommended that the council approve plans and specifications and authorize staff to advertise for bids. On motion of Councilwoman Billig, seconded by Councilman Dunin, that the plans and specifications for Cerro Romauldo Culvert Replacement be approved and staff be authorized to call for bids. Motion carried. AYES: Councilmembers Billig, Dunin, Munger, $-h.&.Mayor, CooperCooger NOES: None ABSENT: Eouncilmember Bond t J 1 City Council Minutes March 17, 1981 - 4:00 p.m. Page Seven 10. Consideration fo specifications for "Color Video Package" for the Fire Department, bid estimate $8,500 without contingencies. Richard Minor, Fire Chief, explained briefly where he planned to use the video equipment. He said in the future expanded E.M.T. training will be provided to all members of the Department through the use of video tape at a considerably reduced cost to the Department. He also plans to use the video equipment for an extensive in- service training program, which will assist the Training Officer in standardizing operations. Councilwoman Billig noted that the Public Services Department and Police Department have similar equipment and was concerned about there being a duplication and if the city is using the present equipment wisely. On motion.of Councilman Bond, seconded by-Councilman Dunin, that the specifications for Color Video Package for the Fire Department be approved, and that staff be authorized to call for bids. Motion carried. 11. Consideration of specifications for "Santa Rosa.Street Signal Interconnection", between Caltrans and City of San Luis Obispo systems, bid estimate $10,440 without contingencies. Wayne Peterson, City Engineer, stated that the Caltrans signal system on Santa Rosa is now operating and the city signal system is to be connected to that system. He said an agreement exists between Caltrans and the City of San Luis Obispo to provide for interconnection of the two signal systems, which will provide two -way progression along Santa Rosa Street. He stated a rough estimate of the project for interconnection, materials, labor, and engineering would be about $12,000. On motion of Councilman Munger, seconded by Mayor Cooper, that the specifications for "Santa Rosa Street Signal Interconnection" be approved, and that staff be authorized to call for bids. Motion carried. 12• Consideration of plans and specifications for "Mitchell Drive Sewerline ", City Plan No. D -22, bid estimate $16,000 without contingencies. On motion of Councilwoman Billig, seconded by Councilman Munger, that the plans and specifications for "Mitchell Drive Sewerline" be approved and staff be authorized to call for bids. Motion carried. AYES: Councilmembers Billig, Munger, Dun n.,.and.rMayor, Cooper Cooper NOES: None ABSENT: Q'rur ^ilmember Bond C -1. On motion of Councilman Munger, seconded by Councilman Dunin, claims against the City for the month of March, 1981 were approved and ordered paid subject to the approval of the Administrative Officer. Motion carried, all ayes. C -2• On motion of Councilman Munger, seconded by Councilman Dunin, minutes for the following meetings were approved as amended: February 17, 1981 - 7:30 p.m.; February 23, 1981 - 11:00 a.m.; and March 3, 1981 - 4:00 p.m. Motion carried, all ayes. C -3. On motion of Councilman Munger, seconded by Councilman Dunin, contract pay estimate no. 1 to Conco Engineering Company Company in the amount of $11,508.98 was approved and ordered paid. C -4. On motion of Councilman Munger, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4422 (1981 Series), a resolution of the City of San Luis Obispo declaring the results of a general municipal election held March 3, 1981. City Council Minutes March 17, 1981 - 4:00 p.m. Page Eight Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Dunin, .gillig i a7 d Mayo- 'Coop'exCooper NOES: None ABSENT: C&R.m- ilmember Bond C -5. Consideration of mid -year report on closure of Higuera Street on Thursday evenings.s Roger Neuman, Police Chief, reported that according to his survey of 100 businesses in the downtown area, 69% agree with the Thursday night street closure, and 31% would like the street reopened. He stated in his opinion that the'Thursday night closure has proven to be a cost effective means of returning the downtown area to its intended use, and continued to endorse the concept. He.said that creating special events that draw large crowds to the downtown core will mean increased police presence which may entail additional overtime cost. He estimated the additional cost to be about $1,200/$1,600 per year, which would increase the existing overtime account slightly. On motion of Councilman Bond, seconded by Councilwoman Billig, that the mid -year report on closure of Higuera Street on Thursday evenings be received and filed. Motion carried, all ayes C -6. On motion of Councilman Dunin, seconded by Councilman Bond, that the report by Geoff Grote, Legal Assistant, on charges of abusive language by ARC members during public hearing be discussed at an evening council meeting or a council study session. Motion carried. C -7. Consideration of a request by the San Luis Coastal Unified School District to initiate amendments to the City's General Plan /Rezoning to permit limited commercial use of surplus classrooms. Councilman Dunin thought that this could be a mitigated deviation of the normal procedure so far as the zoning restrictions are concerned and because some of the I people in the neighborhood are concerned. He recommended that the City Council give some direction to the Planning Commission on what would be the proper approach. Councilwoman Billig agreed with Councilman Dunin in giving some direction to the Planning Commission in order to save some time for the City Council, School Board, and Planning Commission. On motion.of Councilman Munger, seconded by Mayor Cooper, that.the request by the San Luis Coastal Unified School District to initiate amendments to the City's General Plan /Rezoning to permit limited commercial use of surplus classrooms be referred to the Planning Commission for report. AYES: Councilmembers Munger, Cooper, Dunin,and�Bllgid Bond. NOES: None ABSENT: Cbuncilmember Bond C -8. On motion of Councilman Munger, seconded by Councilman Dunin, claim against the City by Harriet K. Wilton in the amount of $90 for sewer backup allegedly in city's sewer main was denied. Motion carried, all ayes. B -1. City Clerk's report of bids received for "Equipment Bids for Street Department ", bids opened Friday, March 6, 1981 at 11:00 a.m., bid estimate $14,880. On motion of Councilman Munger, seconded by Councilman Dunin, that this item be continued to the April 7 regular council meeting for further report. Motion carried, all ayes. CERTIFICATE I, Pamela Voges, the Acting City Clerk of the City of San Luis Obispo, certify that the following is the final statement of votes cast at the General Municipal Election held in the City of San Luis Obispo, California, on March 3, 1981. 1 - Number of registered voters in city _ 21758 2 - Number of votes cast in city 9437 3 - Tabulation of votes by person: For Mayor Floyd Hitchcock 3371 Melanie Billig 6220 For Councilmember Glennadeane W. Dovey 3618 Sylvia Drucker 2157 Ronald Dunin 4690 Gerald Munger 2607 Allen K. Settle 4561 Ronald Bearce 814 4 - Tabulation of votes by precinct (Exhibit "A ") 5 - Tabulation of votes by person (Exhibit "A ") 6 - Tabulation of absentee votes: Ballots received 1000 Applications filed 441 Ballots issued 441 Ballots returned 388 Ballots counted 388 Ballots destroyed 559 Spanish ballots received 350 Spanish ballots issued 4 Spanish ballots destroyed 346 7 - Tabulation of absentee votes by person (Exhibit "A ") Witness my hand and the seal of the City of San Luis Obispo this 5th day of March 1981. l/. Pamela Voges Acting City Clerk J Fit atrick Election Supervisor ro m n m z H O ro < O H m R■C WI II IO to \a Ln O 0 m© C) H m z t7 z H O n, to 0'4 r a a r m 03 :3 N N N• O O x O (DD O m O m Fm-� M ro D. m G m n m w n m C n a ar wrr Oo a N r* < r w m w a F. . 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COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge . Invocation by Reverend John Hurlburt, Vineyard Christian Fellowship Roll Call Councilmembers Present: Melanie Billig, Alan Bond, Ron Dunin, Gerald Munger, and Mayor Lynn Cooper Absent: None City Staff Present: Lee Walton, Administrative Officer; George Thacher, City Attorney; Pam•.Voges;;Acting,City Clerk; Henry Engen, Community Development Director; Ken Bruce, Senior Planner; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Richard Minor, Fire Chief; Roger Neuman, Police Chief; D.F. Romero, Public Services Director; and Olivia Grande, Recording Secretary 13. Council's consideration to appoint representative to the Mass Transportation Committee from the business community to replace Reed Cruzen, presently Chairman. Dave Romero reported that Reed Cruzen, Chairman of the MTC, moved out of the city at the end of January and that a replacement should be appointed to replace Mr. Cruzen, who represents the business community. He said that the representative must be a resident of the city, and that the Chamber of Commerce has recommended the appointment of Wanda Strassburg. On motion of Councilman Munger, seconded by Councilwoman Billig,-that Wanda Strassburg be appointed'as Mass Transportation Committee business representative. Motion carried; all ayes. ' 14. Consideration of a resolution adopting a procedure for filling vacancies on the City Council, and implementing said procedure for appointment to a vacancy to occur on April 1, 1981. Councilwoman Billig introduced a resolution which would adopt a procedure for filling vacancies on the City Council. Councilman Dunin supported adoption of the resolution. City Council Minutes March 17, 1981 - 7:30 p.m. Page Two Councilman Bond thought that there should be some wording in the resolution stating that directly following a municipal election the third highest vote getter should be appointed to the council if there is a vacancy at that time. He said that if a person has just ran for office and spent months campaigning, then that person deserves to be appointed to the vacancy. Councilman Munger supported the proposed resolution. Mayor Cooper agreed with Councilman Bond that in view of the recent election the third highest vote getter should be appointed to the vacancy. With regard to Item D of the qualifications, he stressed the importance of applicants being a resident in the City for at least 5 years prior to appointment. With regard to Item E -4 - Public Meeting, he thought that public input was important and that members should have an opportunity to present views on both sides. He would be supportive of the resolution with the amendment to allow those who wished to speak in opposition of a candidate. Councilwoman Billig stated that members of the public who are in opposition to an applicant should have an opportunity to submit written comments to the council. She added that by limiting each person up to three (3) minutes to speak for or against, would prevent character assassinations or personal damage to individual councilmembers. On motion of Mayor Cooper, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4423 (1981 Series), a resolution'of the City of San Luis Obispo adopting a procedure for filling vacancies on the City Council, and implementing said procedure for appointment to a vacancy to occur on April 1, 1981; with amendments to read: "E -3 - Members of the public may submit written comments regarding an applicant at any time up to 24 hours before the meeting begins ", and E -4 - "At the meeting each applicant and two other persons designated by the applicant may speak up to three.(3) minutes in support of his /her application; comments not in support of a candidate shall also be limited to 3 minutes. Councilman Bond stated he endorsed the resolution but did not feel it was applicable directly following an election, so would not support it in its present written form. Passed and adopted on the following roll call vote: AYES: Councilmembers Cooper, Munger, Billig, and Dunin NOES: Councilmember Bond ABSENT: None 15A. At this time the City Council held a public hearing to consider:::an amendment to the land use element map from medium density residential to medium -high density residential and rezoning from R -2 to R -3; 508 through 528 (even) Hathway Avenue; Steve Boyle and City of San Luis Obispo,. applicants. Henry Engen, Community Development Director, stated that on January 28, 1981, the Planning Commission voted 5 to 0 (2 vacancies) to approve the amendment to the land use element map from medium density residential to medium -high density residential. He said this is the first time that the City Council has been able to consider a rezoning concurrently with a General Plan action. He recommended approval of both actions. Mayor Cooper declared the public hearing open. Steve Boyle, applicant, stated that his request is for a legitimate zone change from R -2 to R -3 density. He said that would conform the whole area to R -3 density which would provide more housing for Cal Poly and anyone else who wants to live in a condominium. Earl Prier, 1851 Hathway, stated that when he first moved into the neighborhood it was a single- family community, that now it is crowded with low -cost housing and didn't see any reason for converting it to condominiums. He submitted a City Council Minutes March 17, 1981 - 7:30 p.m. Page Three petition signed by 40 property owners who are opposed to the zone change stating it would cause more congestion, police and noise problems; and that the situation is getting worse year by year. Eleanor Diefenderfer, stated that she lives just around the corner from Hathway and that her main concern was the traffic. She said that there have been many accidents that are near misses on that corner and that there would be a definite traffic problem that should be looked into. Mayor Cooper declared the public hearing closed. In response to a question from Councilman Munger, Dave Romero, Public Services Director, addressed the sewer problem briefly, stating that the sewerline had been inadequate going down Hathway. Approximately"- 110.years;ago a new sewer main was extended which picks up the sewer flow from the other side of the railroad tracks. Councilman Dunin said in his opinion the neighborhood is comprised of very nice single - family homes and it was unfortunate that the development of the Housing Authority took place, which caused more congestion on the street and made it quite unbearable. He was not certain if he would support the zone change considering that the neighborhood was solidly against it. Councilwoman Billig stated that the area is basically an R =1 and R -2 area and thought that R -2 was consistent. She did__not support changing the density to R -3 because it would increase noise and traffic problems. On motion of Councilwoman Billig, seconded by Councilman Dunin, to deny the rezoning from R -2 to R -3, keeping the general plan consistent as R -2. AYES: Councilmembers Billig. and Dunin NOES: Councilmembers Bond, Cooper, and Munger ABSENT: None The motion failed. On motion of Councilman Bond, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4424 (1981 Series), a resolution of the City of San Luis Obispo amending the land use /open space element of the General Plan to change the designation of an area on Hathway Avenue from medium- density residential to medium -high density residential. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Munger, and Cooper NOES: Councilmembers Billig and Dunin ABSENT: None On motion of Councilman.Munger, seconded by Councilman Bond, the following ordinance was introduced: Ordinance No. 879-(1981 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at 508 through 528 (even) Hathway Avenue from R -2 to R -3 (R909). George Thacher clarified for the council that the ordinance has just been intro- duced to print amending the zone map, and that it should not be brought back for consideration and final passage until 30 days from this date. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Munger, Bond, and Cooper NOES: Councilmembers Billig and Dunin ABSENT: None City Council Minutes March 17, 1981 - 7:30 p.m. Page Four 15B. At this time the City Council held a public hearing to consider an appeal of a Planning Commission denial of amendment to the land use element map from medium density residential to medium -high density residential and rezoning from R -2 to R -3; 560 Hathway Avenue; John R. Ross, appellant. Henry Engen presented the staff report supporting the Planning Commission rec- ommendation to deny the appeal for rezoning from R -2 to R -3, 560 Hathway Avenue. Mayor Cooper declared the public hearing.open. No one appeared before the City Council for or against the appeal. Mayor Cooper declared the public hearing closed. Councilman Bond supported denial of the appeal. Councilman Munger supported the Planning Commission's decision. On motion of Councilman Bond, seconded by Councilman Munger, that the appeal of a Planning Commission denial of amendment to the land use map.from medium density residential to medium -high density residential and rezoning from R -2 to R -3 be denied. Motion carried. AYES: Councilmembers Billig, Bond, Dunin, Munger, and Cooper NOES: None ABSENT: None 16A. At this time the City Council held a public hearing on amendments to the land use element map for Irish Hills expansion area: to refine the location of the urban reserve line and enlarge the Irish Hills expansion area by changing land use designation from conservation /agriculture to interim agriculture. Henry Engen, Community Development Director, presented the staff report stating that the area under consideration is presently outside the city, but inside the city Urban Reserve Line. He said that at their meeting of January 28, the Planning Commission voted 5 to 0 (2 vacancies) to recommend approval of GP 913 -A. Mayor Cooper declared the public hearing open. Vic Montgomery, representing the property owner who is affected by the proposed change to the General Plan, spoke in support of the General Plan Change. Mayor Cooper declared the public hearing closed. Councilman Dunin stated the land should be used as agricultural land, never agreed with the zoning there, and thought that it was premature to designate it as a possible annexation to the city according to the General Plan as it exists now. He would rather see the urban reserve line pulled in. Councilwoman Billig stated that the county plans show this area as agricultural and that there are no preliminary development plans to go along with the recommended change. She said that before the city starts changing large parcels of land on the General Plan we should have an idea of what it is going to be used for. She thought the action was premature, without considering the cumulative impact of all the services that have been approved or disapproved in the past and the efforts necessary at the present time to make the General Plan change. Councilman Munger supported the Planning Commission's recommendation to approve the GP change. He said that the urban reserve line was brought in for a purpose, that it was situated with the surrounding areas that are developing nicely, and that there would be good use made of the land. He liked the idea of the 150' elevation, and stated that putting it into agriculture doesn't mean we are approving any kind of development; that interim agriculture is a holding ground within the urban reserve line. 1 City Council Minutes March 17, 1981 - 7:30 p.m. Page Five On motion of Councilman Bond, seconded by Councilman Munger, to deny the resolution amending the land use /open space element of the general plan to refine the depiction of the urban reserve line and to change the designation of an area near the "Irish Hills Expansion Area" from conservation /agriculture to interim /agriculture (GP 913A). The motion failed. 1 On motion of Councilman Bond, seconded.by Councilwoman Billig, the following resolution was introduced: Resolution No. 4431 (1981 Series), a resolution of the City of San Luis Obispo amending the land use /open space element of the general plan to refine the depiction of the urban reserve line and to change the designation of an area near the "Irish Hills Expansion Area" from conservation/ agriculture to interim agriculture (GP 913A). Motion carried. AYES: Councilmembers Bond, Billig, and Dunin NOES: Councilmembers Munger and Cooper ABSENT: None 16B. At this time the City Council held a public hearing on amendments to the land use element map for Orcutt expansion area: to move the urban reserve line inward near the Orcutt Expansion area and change land use designation betweenwcoriservation agriculture and interim agriculture to coincide with the urban reserve line. Henry Engen, Community Development Director, stated that after a hearing on January 28, and by motion subsequently clarified on February 4, 1981, the Planning Commission voted 4 to 1 (2 vacancies) to recommend approval of GP 913 -B. Councilman Bond supported the Planning Commission's recommendation. On motion of Councilwoman Billig, seconded by Mayor Cooper, the following resolution was introduced: Resolution No. 4425 (1981 Series), a resolution of 1 the City of San Luis Obispo amending the land use /open space element of the General Plan to move the urban reserve line near the " Orcutt Expansion Area" (GP 913B). Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Cooper, Dunin, Bond, and Munger NOES: None ABSENT: None 17, At this time the City Council held a public hearing to consider a Planning Commission recommendation to approve the tentative map for Minor Subdivision No. 80 -156 to create three lots from two lots (deep lot subdivision) located at 2885 and 2895 South Higuera Street; A /C -40, C -H -S and R -2 -PD zones. _Ken Bruce, Senior Planner, stated that the proposed minor subdivision would accomplish: 1) adjusting the lot lines, and 2) creating an additional lot which would be a deep lot. He said the Planning Commission, on a 5 -0 vote, recommends the council adopt the attached draft resolution granting approval of the tentative parcel map for Minor Subdivision No. 80 -156 with a negative declaration on environmental impact and subject to the findings and conditions listed in the resolution. He said the Planning Commission also recommends the tentative map be revised to reflect the entrance drives to the Dennis Transfer and Storage property and the Villa Fontana property as endorsed by the council. The council preferred plan is marked Exhibit A and the council alternative plan is marked as Exhibit B as attachments in the staff report. Leonard Lenger spoke in support of the Planning Commission recommendation for approval. Keith Bruington, applicant, stated that with regard to condition #1 he never intended for there to be grading on parcel C, and felt that on the part of the subdivision improvements he could have the driveway deleted. He said that it was his understanding that the grading that was to be done would be done with a grading permit. City Council Minutes March 17, 1981 - 7:30 p.m. Page Six Ken Bruce replied that would require a minor word change in the conditions. Councilman Dunin stated that because of the circumstances of the parcel that Mr. Bruington might have problems when he applies for the use permit. Councilwoman Billig stated that she would find it difficult to support the recommendation for approval. Councilman Bond thought that this was marginal proposal and said that it would be very touchy on what is going to be built on the property; that there was a potential for a bad mix. Councilman Munger supported the conditions that were established and recommended that condition #1 be amended in all due respect to the property owner and the potential uses of his property. On motion of Councilman Munger, seconded by Mayor Cooper, the following resolution was introduced: Resolution No. 4426 (1981 Series), a resolution of the City of San Luis Obispo granting approval of tentative map for Minor Subdivision No. 80 -156, with amendment to condition #1 to read: "Subdivider shall construct access driveway within flag portion of the Parcel C lot only. No site grading shall occur on parcel C except for driveway installation, until permits for site development are approved. Common driveway within an easement shall be constructed as subdivision improvements." Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Cooper, Dunin, Bond, and Billig NOES: None ABSENT: None 18. At this time the City Council held a public hearing to consider a Planning Commission recommendation to amend the approved precise development plan (Villa Fontana) for a 54 -unit residential condominium project located at 2895 South Higuera Street (PD 0673): R -2 -PD; Keith Bruington, subdivider. Ken Bruce, Senior Planner, stated that the request is to amend the approved precise development plan for a 54 -unit residential condominium on a 7.5 acre size on the east side of South Higuera Street next to Chumash Village Mobile Home Park allowing a radio station in the project on a temporary basis. He said the Planning Commission, on a 5 -0 vote, recommends the council grant approval of the requested amendment for Planned Development PD 0673A subject to modifications and conditions. Mayor Cooper declared the public hearing open. Keith Bruington stepped forward and said he was present to answer any questions the council might have. Leonard Lenger spoke in support of the recommendation for approval, stating that there are 50 units in the project and eight units ready for occupancy with people waiting to occupy them. Councilman Bond supported the Planning Commission's recommendation for approval. Councilman Munger supported the approval of the amendment. Councilman Dunin supported the recommendation. Councilwoman Billig stated that she would reluctantly go along with the recommendation, but wanted to be sure that the homeowners are protected and that they understand what they are signing. On motion of Councilman Bond, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4427 (1981 Series), a resolution of the City of San Luis Obispo approving an amendment to precise plan no. PD 0673 to allow a radio station in the project on a temporary basis. Motion carried. City Council Minutes March 17, 1981 - 7:30 P.M. Page Seven Passed and adopted on the following roll.call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin, and Cooper NOES: None :ABSENT: None 19. At this time the City Council held a public hearing of an appeal by MDW Associates of a Planning Commission decision to deny request for 1 tentative map approval of Tract No. 912 to create a 15 -lot residential subdivision located at 1250 Orcutt Road; R -1 zone; Richard Burke and Frank Truchan., subdividers. Mayor Cooper stepped down due to a possible conflict of interest. Henry Engen,.Community Development Director, stated that on February 25, 1981, the council, upon appeal of a Planning Commission action, determined that they would consider a 15 lot subdivision design and directed the subdivider to revise tentative map showing the 15 lot design and directed staff to prepare a resolution to approve the tentative map with directions on conditions that should be included in the resolution. He said that staff recommended approval of the tentative map for Tract 912 subject to the findings, variances, exceptions and conditions noted. Vice -Mayor Dunin declared the public hearing open. Bruce Fraser, representing Merriam, Deasy, and Whisenant, briefly mentioned that none of the conditions were so bad that it defeats the purpose of the project. He .-.objected for the only reason of the cost effectiveness and having to pay for the cost items. Some of the conditions he did not feel were justified for the 15 lot owners. He deferred the specifics to Jay.Whisenant of MDW. Jay Whisenant, MDW, informed the Commission that the language they are proposing to the conditions for Tract 912 were listed in a letter dated 3/17/81 which he had delivered to Henry Engen today; and stated that he takes exception to them either for the cost effectiveness or the desire to schedule the work in a more timely or more effective way. He then addressed the proposed modifications to the conditions in detail. Councilman Bond stated that with regard to condition 417 that it is not fair to the applicant; that part of the road is really not affected by the project and the city should do the work when the money is available. He recommended deleting condition 417. Councilwoman Billig stated that there should be wording in the conditions about height, scale, etc. She recommended rewording condition 4123, giving special consideration to privacy issues for abutting residences. Henry Engen suggested that condition 4123 be revised to read: "All homes to be constructed on lots 1, 2, 3, 4, 5, 11, 12, 13, 14, and 15 shall be limited to one story above the median curb grade elevation and low profile to protect the privacy of the abutting residences for each respective lot. On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4430 (1981 Series), a resolution of the City of San Luis Obispo granting approval of tentative tract no. 912 located at 1250 Orcutt Road, subject to amended conditions as follows: Condition 411. "Subdivider shall extend sewer and water lines within the tract. Lirie-size; and - grades_ shallobe ;.torthe_apprbvalgo£ethe City Engineer based on fire flow required by the City Fire Department and so that sewer ejector pumps are not required. Condition 412. "Subdivider shall install conduit for future undergrounding of existing utility line along Orcutt Road frontage of the tract. Condition V. Delete. Condition 419. "Subdivider shall agree to construct a three foot high natural stone or other ARC approved material wall at the property line along the entire frontage of Orcutt Road within one year after acceptance of the tract improvements if required to protect public safety. Condition 4112 -A. "No structures will be placed or erected upon said premises. If City Council Minutes March 17, 1981 - 7:30 p.m. Page Eight If desired, see - through fencing appropriate to open space preser- vation shall be approved by ARC. Condition 414. "Subdivider shall install landscaping in the area designated for open space with drought tolerant, fire resistive plants consistent with a landscape plan prepared by a licensed landscape architect and approved by the Community Development Department staff. Subdivider shall offer to maintain said landscaping for a period of one year after acceptance of tract improvements. Condition #17. "Trucks and excavation equipment shall not be permitted to use local residential streets for access to and from the site while removing export material (Fernwood, Lawnwood, Tanglewood and Kentwood Drives). An exception will be allowed for a limited period of time for use of the northeasterly section of Kentwood Drive. Condition #21 -B. "All cut slopes in soil areas shall be serrated to minimize erosion. Condition 121 -E. "Slope protection planting and irrigation system installation shall be completed within 30 days after completion of grading or as determined by the City Engineer. Condition 921 -I. "Adequate topsoil shall be restored to all areas to be planted where practical. Condition #21 -J. "Major site grading operations shall be commenced as soon after April 15th as the soil is dry enough to work. City Engineer shall determine final date for start of construction. Condition #21 -K. "Major site grading operations shall be completed within 60 days after the start of work. An erosion control plan shall be approved by the City Engineer for temporary erosion control if permanent erosion control measures are not installed by November 15th. Condition #23 "A note on the final map shall identify All homes to be constructed on lots 1 2, 3,r4�u5,111,Al2,a13, 14 and 15 shall be low profile and limited to one -story above the median curb grade elevation for each respective lot. This does not preclude the construction of not more than a two -story house on the rear yard with the lower level being below the median curb grade. Ultimate design height limitations and parameters shall be determined by the Architectural Review Commission on a lot by lot basis. Special consideration shall be .given to protecting the privacy of adjacent residences." Passed-:and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Bond, and Dunin NOES: None ABSENT: Mayor Cooper Councilman Bond wished it be stated in the minutes that he voted AYE on approval of all the conditions except Condition #2 - he voted NO. 20. At this time the City Council held a public hearing to consider a request by Cuesta Valley Properties, Inc., to amend condition no. 9 of tentative map of Tract No. 939 (San Luis Mountain), to permL a 40' right-of-way for offsite Hill Street Henry Engen, Community Development Director, stated that the council resolution approving tentative tract was approved in October, 1980. He said one of the problems associated with the tract was that it didn't abutt,:.on a dedicated public street. Condition #9 required that the subdivider dedicate to the city a 50 -foot right -of -way for an extension of Hill Street from Lincoln Avenue to the boundary of the tract. 1 City Council Minutes March 17, 1981 - 7:30 p.m. Page Nine It further goes on to commit the city, if necessary, to acquire the right -of -way through its powers of eminent domain. He said that there is currently a 40 -foot roadway easement on this alignment. He said that no sidewalks were required in the tract, nor were they to be provided as part of the off -site Hill Street.improve- ment by the subdivider. He said that both engineering and planning staff concur with the requested change, noting that when the abutting vacant property comes in for a development entitlement, additional right -of -way as may be necessary could O be obtained as a condition of approval. Staff recommended the council adopt the resolution amending the conditions of approval on Tract 939. John French stated that a 40' right -of -way will accommodate the proposed 30 -foot street. He said that the property owner was concerned that dedication of the right -of -way would adversely affect potential development of the remainder of his property. He concluded that since the affected property is already burdened with forty -foot easements, amending condition no. 9 to allow a forty -foot right -of- way would eliminate property owner concern about the remainder of his property and still allow for construction of the street as anticipated in the resolution approving Tract 939. Ray Bunnell supported reduction of right -of -way to 40', however said that reduction to 40' would not remove his concern for a wider taking in the future and certainly would not make negotiations for a dedication any easier if it was intended or anticipated to take more in the future. He stated that the most expensive portion of the property would be the excess over 40'. Bunnell also expressed concern as to whether or not sidewalks would be required on his property since they had not been required in the French subdivision. Bunnell said that in order to make negotiations for dedication easier there must be some firm commitments to these issues. Dave Romero, Public Services Director, stated that an acceptable improvement would be a 30 -foot roadway plus two (2) 6' sidewalk areas. He addressed those concerns stating that a curb is always required on city subdivisions and would request a sidewalk area. If there is no sidewalk, he recommended keeping a level area 6' wide. He was agreeable to the 30' roadway and the 40' right -of -way as an absolute minimum. He reported since the 1950's the City had contemplated a less -than- standard 50' right -of -way and street for Hill Street extended. John French stated that curbs and gutters are in the subdivision itself and didn't see a need to have sidewalks.. He said traditionally most people didn't even want sidewalks, and that what is necessarily good downtown may not be good for this tract. Mayor Cooper declared the public hearing closed. George Thacher, City Attorney, stated that the council could give some direction to staff that at such time the abutting vacant property comes in for a development entitlement, additional right -of -way as may be necessary could be obtained as a condition of approval. Mayor Cooper indicated that the council could give direction and intent for future councils. George Thacher, City Attorney, stated Council could not adopt enforceable commitment for less than standard street but could state non - binding intentions to support narrow street for record. Councilman Bond supported approval of the 40' right -of -way, with the foregoing direction as stated be given to staff with regard to further development of the property. Councilman Munger supported approval of the request for a 40' right -of -way. Councilman Dunin saw no need for sidewalk as ultimate buildout of area beyond portion in question was 11 lots. Also favored narrow street for future. Councilwoman Billig agreed with Councilman Dunin. She suggested Council.endorse less- than- standard street and questioned Dave Romero about dimensions. City Council Minutes March 17, 1981 - 7:30 p.m. Page Ten Dave..Romero cautioned about alignment of, street due to possible encroachment of driveways and walls on west side of right -of -way. John French stated could fit 30' street in 40' right -of -way provided no sidewalks on west side at this time. Councilwoman Billig questioned Dave Romero about dimensions of possible street. Dave Romero stated in past,-the.-City has allowed 5' sidewalks,-.30'-streets, 5' sidewalks_rather_:than.6' sidewalks and 30' streets in a number of standard 50' right -of -ways. He also indicated that even if sidewalks are not anticipated in the future there should be a 5' flat area outside the pavement to allow for utilities, door opening, driveway ramps and other public needs. On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4428 (1981 Series), a resolution of the City of San Luis Obispo amending Resolution No. 4307 (1980 Series) to modify a condition of Tract 939 - to wit a reduction from 50 feet to a 40 foot right -of -way dedication for the extension of Hill..Street to Lincoln Avenue to the boundary of the tract. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Munger, and Cooper NOES: None ABSENT: None There being no further business to come before the City Council, the meeting was adjourned to Executive Session at 10:25 p.m. Pamela Voges, Acting City Clerk APPROVED BY COUNCIL ON: duh'&� 104�L By Oli is Grande kecording Secretary 4/7/81 -------------------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 24, 1981 - 12:10 P.M. HEARING ROOM, CITY HALL, 990 PALM STREET Roll Call Councilmembers Present: Melanie Billig, Alan Bond, Ron Dunin, Jerry Munger, and Mayor Lynn R. Cooper Absent: None City Staff Others Present: Lee Walton, Administrative Officer; George Thacher, City Attorney; Pam Voges, Acting City Clerk; Geoff Grote, Assistant Legal Attorney; Ann McKibbin, Personnel Director Present: Robert Weatherby, Attorney for Fire Chief Minor; John Seitz, Attorney for Jack Wainscott