HomeMy WebLinkAbout05/11/1982M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 11, 1982 - 4:30 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
STUDY SESSION
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen
Settle and Mayor Melanie C. Billig
Absent: None
Planning Commission
Present: Mark Bailey, Randal Bullock, Patrick Gerety, William
Howard, Penelope Rappa, Jerry Reiss and Chairwoman
Sylvia Drucker
City Staff
Present: Paul Lanspery, Administrative Officer; Pamela Voges,
City Clerk; Geoff Grote, Interim Community Development
Coordinator; Terry Sanville, Senior Planner; Trude
Lisagor, Recording Secretary
' 1'. HILLSIDE PLANNING
Mayor Billig explained this was an informal meeting between the Planning
Commission and City Council to exchange ideas and concerns before the
Planning Commission began public hearings on the Hillside Planning
Program.
Geoff Grote, Interim Community Development Coordinator, stated.the
purpose of the meeting was to let the Councilmembers and Commissioners,
as individuals, respond to any concerns they had regarding the Hillside
Planning proposal. He said this matter involved six different areas in
the city. The proposal would be heard on May 26, 1982, in a public
hearing before the Planning Commission and that two matters needed to be
resolved: 1) what kind of meetings would be necessary; and 2) how many
meetings would be required by the Planning Commission.
Terry Sanville, Senior Planner, said discussion of possible dates was
difficult because he was unable to determine the regular meeting agendas
schedules. He thought there would be room on the regular meeting agenda
of June 9, 1982, but if not, suggested scheduling a continued meeting on
one of the off - Wednesdays (June 2 or June 16, 1982) to devote to the
remainder of the Hillside Planning program. He said the commission was
looking at proposed changes to the General Plan Map;'proposed additional
policies to be included in the Land Use-Element; and changes to the City
Zoning Map to maintain consistency between Zoning and General Plan. He
pointed out there were really 19 hillside areas and Council might wish
to consider discussion of other areas in addition.
Mayor Billig said establishing dates was key because a number of months
ago Council made a very definite commitment that in this round of
General'Plan hearings some kind of answer would be given to hillside
property owners. She felt the six most crucial areas needed to be
addressed first, and the remaining areas could be handled at some later
point.
City Council Minutes
Tuesday, May 11, 1982 - 4:30 p.m.
Page 2
Councilman Settle stated he was looking at six criteria on all hillside
standards: 1) seismic concerns; 2) flood potential; 3) fire potential;
4) traffic on and off site and how it will integrate with existing
pattern; 5) access;. and 6) density. He supported hillside planning that
provided for density transfer, possibilities of dedication, cooperation
with the county and some annexation to get services.
Councilman Griffin stated the city needed a firm but equitable system of
policies and regulations to protect the streams, creeks, hillsides and
wetlands, and he was concerned with the balance between public interest
and landowners rights. He felt each method in the folder needed to be
applied carefully and was interested in implementing the following
regulations: 1) clear and specific statement of intent; 2) a systematic
interface with up -to -date erosion/ grading • controls; 3) slope- density -
standards; 4) other pertinent performance- standards developed upon
specific and up -to -date information about each site or area; 5) a design
emphasis which seeks to maintain the natural processes of the hillside
rather than just a designation of the required uses to which the area
can be put; 6) an enforcement /administrative framework which is straight
forward and not fiscally burdensome to implement. He considered three
factors to be critical to the development of a responsible ordinance:
1) a sound effort at analyzing the natural processes sought to be
protected; 2) an accurate job of identifying and mapping the areas and
collecting /evaluating critical data in an objective manner; 3) the
fortitude to be forceful, fair, and clear in developing the necessary
legal language which will, in turn, be easy to administer.,
Councilwoman Dovey recommended that the commissioners get out on the
hills and climb them because it would give them a picture of what was
being discussed. She said she could see earth slippage when she was
there. She felt density and development transfers should be looked at
on a site - specific basis because they do not necessarily apply in all of
the areas. She said urban services as a trade -off for open space should
also be dealt with on a site - specific basis. She questioned whether
hills should all be available to everybody as open space or was there a
factor of preservation to consider. She said they needed to state in
concrete policy where they have been talking for a long time so every-
body has a complete picture of what city sees for the hillsides.
Councilman Dunin stated there were general policies and specific areas
and it would be a difficult job for the Planning Commission. He men-
tioned the following concerns: 1) fire protection -- was it the respon-
sibility of the city or the county; 2) drainage -- will have to consider
properties below, how property and building projects itself and looks
from the city; 3) slippage; 4) traffic; 5) infill in the city. He was
supportive of voluntary density transfer and thought dedication was a
potential option for owners but should not be required. He said building
should go on buildable part of property even if it was visible. He felt
every site should be visited. He said the urban reserve line should
have some reason and be coincidental with the lot line and building
should not necessarily be within the reserve line if it meant putting
the house on an unsuitable location. He said water service was impor-
tant and should be considered when placing line in the special areas.
Mayor Billig said the hillside tours were very beneficial and proposed
so that the City Council could be ultimately fair in decisions to
property owners and provided first hand experience and familiarity with
the land. She stated there was very little left for development except
the hillsides and sensitive areas, and Council was striving to take this
out of the arena of confrontation and deal with it from a philosophical
point of view which would be translated into very clear policy. Prop-
erty owners would then know what to expect and not get overly subjective
opinions; the community would also have the same benefits and understanding.
She was concerned with the following: 1) slopes; 2) drainage and
erosion; 3) geological questions; 4) access; 5) health, safety and
welfare questions; and 6) density. She had not given up the concept of
preservation of water service inside the city only; she had no problem
with density transfer; felt development transfer was a potential headache
City Council Minutes
Tuesday, May 11, 1982 - 4:30 p.m.
Page 3
but could be a viable option. She thought open space would have to be
dealt with very carefully -- how open space would be taken care of, not
just through easements, but have public open space and provide some kind
of control so it was not overly abused. She was concerned with balancing
the private good with the public's good.
Commissioner Gerety questioned what Council called a "minor annexation"
and "private facilities" in regard to the water situation. He felt the
water problem could be solved given enough money and wondered to what
extent Council thought it was good to allow private facilities in a
development.
Councilman Settle responded he would like to get away from the idea of
private facilities and plug into municipal system but in some cases
would need separate services for fire protection. He said minor annex-
ation referred to one or two acres only.
Councilman Dunin agreed there was an adequate water supply but felt the
sewers were a different situation. He said sewers should be self -con-
tained and perculation systems should not be allowed.
Councilwoman Dovey pointed out that getting water up the hill was a
problem. She discouraged private facilities.
Mayor Billig also preferred not having or avoiding private facilities
and thought annexation would be better.
Chairwoman Drucker left the meeting at 5:30 p.m.
Commissioner Gerety commented the document seemed to address the tech-
nical problems with hillside development and still needed to address
solving the aesthetic problems associated with hillside development. He
felt there should be landscape standards based on geology and suggested
a street tree program similar to downtown.
Commissioner Howard addressed state of the art concerns regarding
geological hazards and seismic safety. He considered the Seismic Safety
Element a farce and said a risk assessment technique was needed to
apprise-what the risk might be. He was concerned on how to certify
geological hazards and that air pollution data accurately reflected
conditions. He asked if the city should be coordinating with the
county.
Commissioner Rappa felt the Planning Commission should visit the sites.
Commissioner Reiss was pleased the city was acting on this head -on
rather than trying to sidestep the problem.
Commissioner Bullock stated he would have liked the opportunity to visit -
the sites with Council because it would have saved the expense of going
separately and would have offered a one -on -one experience. He was _
concerned with differentiating between public open space and private
property rights.
Commissioner Bailey said he would have liked to visit the sites with
Council and was concerned with private property rights versus public
property rights.
On a question by Commissioner Bullock, Geoff Grote, Interim Community
Development Coordinator, stated the Planning Commission did not have a
June deadline but staff was hoping the proposal would be finished by the
middle of July.
Councilwoman Dovey said if the Planning Commission had any questions of
Council later on, please send a message.
City Council Minutes
Tuesday, May 11, 1982 - 4:30 p.m.
Page 4
There being no further business.to come before the City Council and
Planning Commission, Mayor Billig adjourned the study session at 5:55
p.m. to Tuesday, May 11,1982, at 7:00 p.m. in.the Council Chambers.
amela Voges, Cit k .
Respectfully.- submitted;by:
Recording Secretary, Trudy Lisagor
APPROVED BY COUNCIL: 7/6/82
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M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 11, 1982 - 7:00 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
1 STUDY SESSION
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen
Settle and Mayor Melanie C. Billig
Absent: None
City Staff
Present: Paul Lanspery, Administrative Officer; Pamela Voges, City
Clerk; Geoff Grote, Interim Community Development
Director; Terry Sanville, Senior Planner
A. WORK PROGRAM /STATE OF THE CITY MESSAGE
Mayor Billig reviewed the 1981/1983 two year work program which the
Council had adopted last year and updated it to show the different
' stages the community goals programs were in, significant accomplishments
made in planning, resources and services, transportation and circula-
tion, finance, administration and the listing of priorities for the
forthcoming year.
Councilman Dunin suggested staff compile a list showing where projects
are today in relation to two years ago, recognizing and clarifying
project status so the public could see what was accomplished in the last
year including reevaluation of Council priorities.
After brief discussion and upon general consensus,.Council directed
staff to expand the newsletter-to include a more descriptive explanation
of various actions taken by the Council on important issues.
On motion of Councilman Dunin, seconded by Councilman Settle, to approve
the Mayor's Work Program for 1981/1983. Motion carried, all ayes.
1. SIDEWALK SALES ORDINANCE
A. Council considered three alternate draft ordinances regulating
sidewalk sales in the downtown area.
Geoff Grote, Interim Community Development Director, reviewed the
Council Agenda Report (see file no. 478) including: 1) an original
sidewalk sales ordinance drafted by city staff; 2) outline of sidewalk
' sales ordinance as proposed by a segment of the business community; and
3) revised draft of the sidewalk sales ordinance drafted by the city
staff after discussion with the business community.'
Staff was not recommending any one ordinance but suggested Council
review the various approaches to this matter and instruct staff to bring
the revised draft of the sidewalk sales ordinance back to the Council at
a future meeting for a pass to print. Briefly, the original sidewalk
sales ordinance, Exhibit 2, would prohibit use of the sidewalks by
individual merchants unless they received a Council permit. It would
also allow use of the sidewalks as part of an area -wide sales event
City Council Minutes
Tuesday, May 11, 1982 - 7:00 p.m.
Page 2
sponsored by a merchants' association (maximum of four such events per
year). The second ordinance, proposed by the merchants, would allow use
of the public sidewalks by individuals, without any city permit. This
would restrict the use to one -third the width of the walk, with a
minimum of five feet to be kept clear. Exhibit 5, the redrafted side-
walk sales ordinance amended by staff following input from the BIA,
would allow use of the public sidewalk by individual merchants on
Saturdays, and Thursday evenings, with a permit issued by the Community
Development Director. This would require that a minimum of five feet be
kept clear and a hold harmless agreement from the merchant.
Councilman Griffin stated he would be supportive of examining the
redraft, Exhibit 5, at least insofar as using it as a point of departure.
Councilman Dunin would also support Exhibit 5 as a discussion document.
The areas he felt needed to be strengthened were: 1) insurance require-
ments; 2) would be opposed to the duration of the sale for three days;
3) if a sale were held on Thursdays, it would be for Thursday nights
only (from 6 - 9 P.M.); 4) he was concerned that no reference was made
to imported merchandise. He felt that only merchandise normally sold in
the store should be offered during the sale. Signs on display tables
should be prohibited except to indicate price and manufacturer of the
item. He also questioned if four sales a year might be excessive. He
was concerned that San Luis Obispo didn't turn into a flea market type
of downtown.
Councilman Settle stated that regarding the signs, he felt the sign
ordinance should govern its enforcement. He also would be supportive of
using Exhibit 5 for discussion purposes. He was concerned that.the
merchandising regulations through the ordinance were not too restric-
tive. He was unsure as to the number of times a sale should be held a
year, whether that number be four, two or six.
Councilwoman Dovey stated that she was totally opposed to any type of
ordinance allowing sidewalk sales. She would prefer: 1) total restric-
tion or, through the BIA, a specialized one -time permit basis; or 2) no
restriction whatsoever, let the merchants police themselves; or 3) if
the City were to accept the redraft of Exhibit 5, she would also share
other Councilmembers concerns to strengthen the ordinance.
The Council discussed the possibility of limiting sidewalk sales to one
area of town.
Geoff Grote, Interim Community Development Director, stated that he felt
it would be difficult to try to limit it to one area. It would also be
difficult to force merchants not to use imported merchandise during
sales, as suggested by Councilman Dunin.
Councilman Dunin felt the ordinance as it was presently drafted would
allow service stations to display tires on the sidewalks, car dealers
cars and bicycle shops bicycles. The Council should keep in mind that
not only should they protect the downtown businessmen but protect the
rest of the community from having its downtown looking like a flea
market.
Mayor Billig was concerned that there was only a five foot sidewalk
clearance provision. She was also concerned about insurance require-
ments and language added that displays also be aesthetically pleasing.
After discussion it was moved by Councilman Settle, seconded by Councilman
Griffin, to direct staff to redraft the ordinance (Exhibit 5) receiving
additional input from the BIA, the Chamber of Commerce and the public
and set for public hearing. Motion carried, all ayes.
B. Geoff Grote then reviewed for the Council the status of temporary
outdoor sales on private property. He outlined three alternatives:
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City Council Minutes
Tuesday, May 11, 1982 - 7:00 p.m.
-page 3
1) Council to instruct staff to ban all outdoor temporary sales on
private property; 2) choose to continue to allow temporary outdoor sales
on private property subject to a use permit but impose criteria which
would be used by the planning staff in granting the permits; 3) take no
action and allow the granting of temporary use permits of outdoor sales
to continue in much the same manner as the past. He was not recommending
any one of the three alternatives but merely providing them as information
to the Council.
Councilwoman Dovey favored banning all outdoor temporary sales on
private property.
Councilman Settle would support continued use of temporary outdoor sales
on private property with conditions.
Councilman Dunin agreed to continue the policy of allowing temporary
outdoor sales on private property but that they should be subject to
certain criteria.
Councilman Griffin would severly restrict any outdoor sales. He was
philosophically opposed to them.
Mayor Billig would support total banning of any temporary sales on
private property.
Councilman Griffin suggested that staff look into any specific uses that
might by warranted, i.e., Christmas trees.
After brief discussion it was moved by Councilman Griffin, seconded by
Councilwoman Dovey, to direct staff to come back with a zoning ordinance
amendment to ban temporary outdoor sales on private property. Motion
carried, all ayes. Council also directed staff to investigate the
possibility of adding a section to the Municipal Code to include specific
uses if warranted. (5 -0)
2. PARR AND RECREATION ELEMENT CONTINUED
Council continued its discussion of the Parks and
the General Plan (continued from 7/13/81, 9/14/81
Terry Sanville, Senior Planner, then reviewed the
and suggested Council make any further changes to
Recreation Element and schedule a public hearing
(see file no. 462).
Recreation Element of
and 3/9/82).
Council Agenda Report
the draft Parks and
to consider its adoption
The Council then reviewed the Parks and Recreation Element on a page by
page basis. The following changes were made as follows:1) the technical
reports #1 and X12 should be referenced in the Parks and Recreation
Element as important resource documents; 2) Councilman Griffin, to
rewrite the goals statement to insure clear enumeration of Councils'
objective; 3) page two, item 1, delete "the City will develop and
maintain Parks and Recreation facilities that will ". In front of every
paragraph beginning with provide, add the word "to "; 4) page 4, item 2,
"Park Size (space): The following criteria will be used to determine
the size for new parks and to evaluate the adequacy of existing parks."
5) page 8, whenever Mission Plaza expansion is identified add the words
"cultural facilities "; 6) page 9, paragraph 9, second sentence should
read "the general allocation of land for passive and active areas ""I
1 should be as portrayed by the schematic plan. "; 7) page 10, paragraph
entitled Golf Course, revise to eliminate the words "as it is" following
Laguna Lake Golf Course; 8) page 12, reword the first paragraph to read,
"Reservoir Canyon and Lopez Canyon: Public access to these areas will
be allowed consistent with sound resource management. Minimal facilities
mi ht be provided. These areas should be preserved in its natural
state. Local nature groups and other organizations that use the canyon
should be asked to help provide periodical cleanup. "; 9) page 13, Table
2, add community park under type of Park Status to include existing /new,
secure land to be city, build passive improvements by both city /developer,
City Council Minutes
Tuesday, May 11, 1982 - 7:00 p.m.
Page 4
build active improvements both city /developer, and long term maintenance
both city /user fees. Developer to help contribute in new district parks
for both building passive improvements and building active improvements;
10) page 14, various syntax changes; 11) page 15, in addition to syntax
changes Item D to be revised as follows: "Selective Landscaping: use
of plants and trees which require.limited maintenance and water." and
Item F "student assistants: whenever feasible, use students to help
maintain public landscaped areas "; 12) page 17, paragraph 1, revise
"reviewing detailed park plans.and making recommendation to the Planning
Commission and City Council." Paragraph 3, second sentence "reviewing
detailed park plans and making recommendations to the Parks and Recreation
Commission. "; 13) page 19, number 3, Item E, add "may be located on
city -owned land outside the city limits. "; 14) page 20, Item B rewritten
as follows: (Jim Stockton and the Planning staff were directed to
reltructure the definition of Community Centers to reference cultural
facilities.) 15) page 21, paragraph D revised as follow$:.'"Golf
courses are special facilities which help meet overall community recrea-
tion needs. A very large community park might contain. a.golf course. ";
16) page 22, sub - paragraph 3, second sentence to read, "more intensified
uses, such as parks might be considered for major scenic areas..."
10:10 P.M. Councilman Dunin lef
Upon general consensus, Council
Recreation Element as discussed
hearing. (4 -0 -1)
There being no further business
Billig adjourned the meeting at
12:10 P.M.
APPROVED BY COUNCIL: 6/1/82
t. the .meeting.
directed staff to.redraft the Park and
this evening and.schedule for public
to come before the City Council, Mayor
10:40 P.M. to Monday, May 17, 1982 at
.Pamela Voges, Ci y Clerk
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