HomeMy WebLinkAbout07/05/1977M I N U T E S
REGULAR MEETING OF_.THE.CITY...COUNCIL .
CITY OF_SAN LUIS.OBISPO
TUESDAY; JULY 59 1977 - .7:.00 P.M.
990 PALM STREET
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
PRESENT: Councilmen Dunin, Jorgensen, Petterson.and.Mayor Schwartz
ABSENT: Councilman Gurnee
City Staff
PRESENT: J.H. Fitzpatrick,.City Clerk; -R.D. Miller,..Administrative
Officer; Allen Grimes,.City.Attorney;..Dan Smith; Jim
Stockton, Director..of:,Parks : and.Recreation;.Roger Neuman,
Police Chief;.D.F. Romero; Director. of Public Services;
Wayne Peterson, City Engineer
A: Mayor Schwartz presented the following.resolutions of appreciation to
employees who are retiring and one who is leaving the City:
William Flory, Special Grants and Project - Manager, retiring.
Frank Perrv, Utility Inspector, retiring.
Lewis Santos., Heavy Equipment-Operator, retiring.
Robert Strong,. Community. Development... Direct or,:leaving.City employment.
1. At this time.the City Council.held- a.public- hearing on.-the.
recommendation of the Planning Commission:to=resone.1174, 1178, and 1194
Pacific-Street from.R -3 to R- 0.(P- 0).zone,,,Charles French,.applicant,
rezoning application No. R -0611.
Dan Smith, Senior Planner, reported. the.: Planning.Commission,unanimously
recommended this rezoning to the.City Council. He said.the.subject
project was located on the northerly side of Pacific Street between Santa
Rosa and Toro. San Luis Creek forms.:the.northerly.property line of the
subject properties. The Dallidet Adobe /Ramona Depot, a State Historical
Landmark, is located across.Pacific Street to the south.
The Environmental-.Review Committee: determined _there.was.no..significant
environmental impact with the requested rezoning and.issued a negative
declaration.
The Planning Commission and..staff recommended the approval of the rezoning
from R -3 to (P -0).
Mayor Schwartz, declared the public hearing open.
No otie appeared.before the..City Council for or-against the rezoning.
Mayor Schwartz declared the.public.hearing.closed..
On motion'of Councilman- Dunin,_ seconded- .by..Councilman.Petterson, the
following ordinance.- was:. introduced: and.. passed -to- print:....Ordinance.No.
708 (1977 Series), an•ordinance.of . the.City of San Luis-Obispo amending the
official zone.map (to rezone property at 1174, 1178 & 1194 Pacific Street
to (P -0) :zone).
City Council Minutes
July 5, 1977.
Page 2
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the rezoning.
Mayor Schwartz declared.the.public.hearing. closed..
On motion of Councilman.Dunin,. seconded _:by_Councilman_Petterson, the
following ordinance was introduced and. passed.to. print: Ordinance
No. 708 (1977 Series), an ordinance.of.the_City of San Luis Obispo
amending the official zone map (to rezone-property at 1174, 1178 &
1194 Pacific Street to (P -0) zone).
Introduced and passed to.print on.the..following.roll call vote:.
AYES: Councilmen Dunin, Jorgensen, Petterson and:Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
2. At this time the City Council held a public hearing.on the.appeal
by Mel Smith from a denial by the Planning Commission.of Use-Permit No.
U -0608, 1449-Auto'Park Way, P.D..0 -H zone, for use of warehouse and office
building.
Dan Smith, Senior Planner,.presented..the.action of-the Planning.Commission
in denying the requested.use.permit.by Mel Smith on behalf of Mid -Cal
aluminum, Inc. He stated the Planning Commission, on June.8, 1977, unan-
imously denied the subject use permit. The Commission determined that the
proposed use did not meet.the.intent of-the planned development zoning on
the site. The planned development, when approved, specifically stated
"property shall be used for the development of an-auto-sales park and
accessory uses only, and other normal operations allowed under CGH zoning
are prohibited."
The appeal by Mel Smith, the owner • of -the property, noted the request was
in conformance with the adopted General Plan and.the Commission's recom-
mended zoning of the property. Council should note that the adopted General
Plan designates the area as Service Commercial,-light industrial. It also
contained a policy stating that auto sales and service facilities in the
downtown area should be gradually phased out and replaced with more
intensive shopper -good facilities. The existing zoning and Commission
recommended rezoning was the same, P:D. C -H. The Commission.unanimously
agreed with the staff recommendation that the:'use.permit should be denied,
for the proposed use did not meet the.intent of the P.D..zoning of the
site, in that it was not an auto - related use. Staff recommended to the
Council to,uphold.the decision.of the.Planning..Commission.and reject the
appeal.
John Kuden, Realtor, submitted.a letter on behalf.of.Mel.Smith, stating that
he had been actively promoting the property to both:auto :dealers and related
users for the past 10 years. He said that interest had been very low
for the back portion of the planned development for two reasons: 1) the
property was not visibly accessible for major dealers who need from 3 to 5
acre parcels and 2) it was not small enough or low -cost enough for small
supporting users. He then submitted a list-of agencies and firms that he
had attempted to move on to these back area lots on -Auto Park Way:
Dales Auto Shop Beacons
Klines Auto Upholstery Atascadero Van Moving and Storage
Honda Motors Martin's Towing
Hathaway Motors Pacific Motor Imports
He stated that his conclusion from the work he.had done in attempting to
develop this property, that the zoning.exclusively.for auto- oriented users
was restrictive and economically unrealistic.
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City Council Minutes
July 5, 1977
Page 3
Mel Smith, property .owner,.submitted.a.let.ter stating..that when he acquired
the property in 1961 and was - annexed..to..the -.City.in- 1965;-he.had originally
planned an auto - related development..fronting on-Los Osos Road and Auto
Park Way. The subject property.had.always._been for sale and several real
estate firms had worked.on it. In the:past 12- years, he stated he had -never
talked to an interested..prospect for..an_auto- related..sale. - The - .property.
did not have enough. exposure. for'. a new.or..used. car. dealership . and -.was too. -
large and . expensive_for -_a- trim.. -or glass�shop_or_other auto- related
businesses. He .then submitted.a- list -of firms. and:..individuals who had
declined the property which .are -auto- oriented:
Dale's Auto Shop.. Bonnett Rambler -.. Auto Body - Accident Paint
Stanley Motors Sierra Motors. Hathaway Motors
Jack's Towing .Spring Toyota. Performance Machine Shop
Datsun Luxinger Imports
Callahan Dodge Grover Motors
Weaver Motors Otis Body Shop
He then submitted letters from these agencies ::.supporting..his_contentions that
no auto related..business would -go- to.this.property due to the size and
location and:lack.of visibility from the freeway.
Mayor Schwartz declared the public hearing open.
Andrew Merriam, planner and.architect for the property-owner, again...
reviewed the history of.this County P.D..classification in the.area,
and stated his belief as a professional planner and designer, that auto -
oriented dealers.or.businesses would not - develop on.this property for the
following reasons:
' 1) 1.6 acres was too.small.a.site for.a.major_auto.dealer location,
and they would.need 3 to .5 acres.
2) There didn't.appear.to be.a.demand:for.auto_ sales sites in this
area since the.property.had been.vacant for many.years.
3) This property is'not `aon_a. major thoroughfare.and therefore was
not desirable for an auto -sales dealership.
He urged that the City Council approve.the7.use_ permit being:appealed by Mel
Smith in order that some. reasonable.use _ of.the.:land- could.be made.and the
property owner could find some..help..in paling the•City and County taxes on
this long vacant, property. He said_there.was no question.in his mind and
people he had-talked to that the area was no longer viable for -auto sales.
Mike Brady,. designer /planner, supported ;:.non.- auto:..related.uses to be.allowed
in this County approved.planned: development := :He..felt.there.was no way the
land could be utilized by auto sales, new- or.used..'He.ilso felt -7thatenon=
-autoarelateaabdsiaess firms? (liody. 'shop`s ;4 etc' )swould notylocateHhe_re:o.. e 1 c.
that:non -auto related business firms ..(body`sb e
ops ,--tc_- )`woul3'_noe locate
here.- -
Mayor Schwartz declared the public hearing closed.. .
Councilman Dunin.stated tha
owner and tax payer or even
had no commercial use onus
would seriously-consider so
the subject parcel-was too.
for small body shops, glass
t he did not.believe_it..was_ fair to.the property
the City to zone.land to-a.classification which
es in that zone. .He ..hoped -.that the Council
me.approvable uses for--the land. He agreed that
small.for large auto dealers and too expensive
shops, etc.
Councilman Petterson.agreed.with the original- concept..of the.P.D. for auto
uses, but that the present configuration of the land could not be developed
to an auto sales use: He hoped the Council would allow C -H uses on the area
away from the frontage.
City Council Minutes
July 5, 1977
Page 4
Councilman Jorgensen stated that, while..he.was.sympathetic to the
property owner, he felt that the.P.D....concept for auto..uses of the
subject area was proper;,abut. without restraints on auto.uses in down-
town area as adopted in the General-Plan the incentive.for development
was weak. He nevertheless would support the present zoning and would
deny the appeal.
Mayor Schwartz .. reviewed the history :of,:this.county.':s- zoning.to planned
development.and.suppor.ted by-the City at that.time. He felt -that.he would
support the action of.the Planning.Commission and_deny the appeal of the
use permit.
On.motion_6f_ Councilman_ Jorgensen,... seconded -.by.:.:11 .Schwartz-that the
appeal be denied•:and.that..the Planning_ Commission :s..actions -be:upheld..
Motion lost, Councilmen.Dunin and.P.etterson vo ing'no. .Councilman Gurnee
absent.
On motion of Mayor Schwartz, seconded ..by.Councilman.Jorgensen, the matter
was continued to the July.19, 1977 Council meeting. Motion carried.
3. At this time the City. Council held a.public hearing on:the appeal of
Maynard F. Marquardt from.the approval of the Planning-Commission of.�.the
use permit-at 51 Foothill Blvd., for-a day school-by the Baptist Church.
Dan Smith, Senior Planner, reviewed .for- the .City Council ..the action taken
by the Planning-Commission-in approving_the.use.permit:.to allow a.day
school for.up.to:200.children. within. the :.existing.church.:facilities at-
51 Foothill Blvd. In R71.. He:stated.that..the Calvary Baptist Church
requested a use permit.approval to allow a.day.school.with grades
kindergarten through 12 at their facilities at 51 Foothill Blvd. No
additional facilities .were.proposed other.than.play. areas. -The Church
and proposed school location. was ..the_last.developed.:site.at the..edge of
the-City going west on Foothill Blvd. The surrounding.:area.was.developed
with single family residences and-open-space.-agricultural uses. In
the "staff report to the Planning..-Commission,'--the staff recommended
conditional approval of the .request. However, after additional information
was presented and.further evaluation.of .the request, staff recommended
denial of the request at.the public hearing. It was- the.staff's feeling
that the proposed site was not a suitable'location for a.school with a
potential of 200 students.
At the public hearing, several people . spoke -in.support.of the .request and
several spoke in opposition.including.a petition.from.'the immediate
neighborhood expressing concerns.'
The Planning Commission agreed-there-were problems- -- and.reasonable concerns
connected with the requested use.of this location. However, they felt_
the request was reasonable and took.action_..to -attach:conditions of
approval:which would.relieve or mitigate.problems._ One issue which came
up was that the site had a.fire.flow deficiency;.the:basis.of the subject
appeal...Based on the.type of.constiuction,.buidling.area and :location,
fire flow requirements are established;-requirements-.are not based upon
occupancy.-The site-in question-:based-.on existing-.facility-should have
a fire flow of .1750 G.P.M. However,:a.test conducted-at the hydrant
immediately in front of the-.site.showedthe available fire-flow at 1090
G.P.M. The site'was served::by an 8" maia.at'- .the.street,.however; that..
main was served by a 6" main_ up. stream;:thus.the.effective -line size was 6 "..
The main also deadended, not. a.looped.line -.as now required by:the City. As
pointed out to the applicant; public; Commission, and. -the appellant by staff,
fire flow:requirements were-not.-based on.occupancy_and:.no.structures were
proposed to be enlarged; therefore,:there was no.-requirement'-to mitigate the
fire flow deficiency or justification to deny the proposed use based
solely on fire flow problems. Requests by the applicant in.the past to make
structural additions to the,church_ facilities had-been denied based on the
fire flow problem. Finally, the Planning.Commission recognized that there
City Council Minutes
July 5, 1977
Page 5
was a fire flow deficiency for the subject structure, however, it
appeared the structure is legally non - conforming in this respect since
it complied with the Fire Department requirements at the time it was
constructed. Further, the City Fire Marshal, Mikel J. Park, indicated that
it was not standard practice to require compliance with current requirements
for a change in occupancy where the structure was remaining unaltered.
Therefore, based on Planning Commission action and Fire Department recom-
mendation, the staff recommended that the City Council deny the appeal
based on the fact that the fire flow for the subject structure complied
with current fire codes.
Maynard F. Marquardt, 113 Del Sur Way, submitted a letter on behalf of
his appeal stating that he would be unable.to attend the meeting in person,
but wished to have the following information submitted on his behalf at the
public hearing on his appeal. He stated that his position and that of his
neighbors who were unalterably opposed to the granting of this permit are as
follows:
1) Why did the City planner turn down the permit before they came
to the meeting of June 8 and then change their mind?
2) Clear up the discrepancy between the Planning Commission's
statement that "The main water line serving the site is a dead
end, not a looped line as required by the City, and does not
provide adequate pressure to serve existing facilities." and the
statement of Mr. Dan Smith that the fire flow complied with current
codes for structures.
3) Which is a greater menace: the building of another square foot of
structure which is illegal or the use by 60 -100 children? I am
informed that our fire pumper trucks have a capacity from 1,000
' G.P.M. for the smallest to 1,500 G.P.N. for the largest. Considering
the area of the structures on this property and the way they are
dispersed, he wondered how two pumper trucks could get sufficient
fire flows out of the line when they presently have a flow of
1,090 G.P.M.
Mayor Schwartz declared the public hearing open.
Mikel J. Park, Fire Marshal, stated that while he agreed there was presently
insufficient fire flow for fire protection, that the buildings as built met
the 1966 fire flow requirements and he felt that the department should
not require additional fire flow since the structure was not now being
enlarged. Also they were installing a remote station fire alarm system
tied to Fire Department Headquarters. He stated that with all items
considered, they could find no reasonable grounds for an appeal based on
fire flow deficiency requirements.
Bob Anderson, 114 Del Norte Way, spoke in support of the appeal of Maynard
Marquardt, expressing neighborhood concern about the proposed school in regard
to 1) the insufficient fire flow, 2) inadequate sewage capacity, 3)traffic
dangers and increased traffic, and 4) the addition of disruptive noises in a
residential neighborhood. He felt the whole proposal was trying to get
too many people on a small piece of property. He then submitted two letters
urging the Council to deny the use permit and support the appeal from
Jean Culbertson and James T. Culbertson, 115 Del Norte Way.
The City Clerk then read entirely the Maynard Marquardtletter of July 2, 1977.
Sol Cummings, 1152 Seaward Street, representing the Calvary Baptist Church,
stated there would only be 50 -60 students using the facility for the first
year and it would take possibly 5 years to arrive at the 200 student limit.
Once the 200 student level were reached, the church would look for another
site. Regarding traffic problems, he said they realized cars were
traveling at accelerated speeds in this area, however, once the school was
installed, the streets would be posted to reduce the speed limit. He also
City Council.Minutes
July 5, 1977
Page 6
pointed.out that the zoning requirements only required.40,000 square
feet of lot area for a school_and;that. >their.church facility met this
criteria. Regarding possible. objections ..from_the.neighbor.s,.:he pointed.
out-to the Council.that there.-was.-a-15'--difference in.elevation between
the church and the neighboring.property..and.also: full of.dense vegetation,
and that.two -sides of the.church adjoined_.vacant. property. He urged
the. City Council to reject the appeal.
Charles Ashley,.. Pastor -of the. Calvary - ;Baptist- Church,.explained the traffic
circulation in the area and that students arriving:at.the'school would
be driven into.the parking.lot,-unloaded,,and they -the cars would leave
the school. He pointed . out_there - would - be.only.5 or 6 cars in the parking
lot because they proposed to.hire.only.3.teachers.._ Further, portions of
the parking lot would.-be used:for.play area along:with.the additional
10, 500. s4uare. feet .provided:on:site...He.stated that,. with the proposal
to.install heat sensors.that would be.hooked._to-:the.fire: station, he felt
this would..make the siie.safer for.the.childreu.: He urged.the City Council
to deny the appeal.
, 101 Del Sur Way, was opposed. to.the.granting of
a use permit for school purposes on;the Calvary Baptist.site due to.noise,
increased traffic, and the lack of proper facilities for.the children.
Mayor Schwartz declared.the.public_ hearing closed.
Councilman.Petterson.stated that he-.would__support _ denying.the- appeal based
on the testimony from.the.fire.officials that - the..fire flows had no bearing
on the use permit.
Councilman Jorgensen stated.he.. too .would._support..the:denying.of the appeal,
but directed: the- staff:see.to.it.that all..other.use.permit conditions
established.by.the Planning Commission.were.carried.out'.in this school.
Councilman.Dunin'stated he'too.would..support the Planning Commission and
deny the appeal. He felt the fire flows were adequate as reported by the
City's Fire Marshal.
Mayor Schwartz stated he would support.. the.PlannYng..Commission and deny
the appeal with directions to .staff that.all.conditions.established by the
Planning Commission were complied with including-and particularly the one
year review after operation'by the church.
On motion of Councilman.Petterson,. seconded _by:Councilman.Jorgensen, that
the-appeal .of.Maynard- Marquardt be denied.. and. that. the use permit as
conditioned by the Planning Commission be approved.. Motion carried, all
ayes, Councilman Gurnee absent.
4. At..this.time. the City Council-held-a._;
Donald.Smith, George. Henry:and_Elizabeth_.Zev&
Planning Commission of the Environmental'Impa
expansion of Laguna Lake.Mobile_Home.Estates,
Planning Commission's action in approviag.the
home spaces_at.1801.Prefumo Canyon-Road..
ublic._hearing::.on-the..appeal of
t.from.the.approval.by the
:t Report for the proposed
.and - also..the appeal of the
use permit.for 88 mobile
Mr. Don Smith submitted.a.lengthy, substantial report.questioning the ade-
quacy of the Environmental Impact Report:with.the following-.conclusions and
recommendations:
1) It is concluded that-the economic ... section..of..the_EIR is. invalid,
misleading, .and.unsatisfactory.in.that.the area accumulate to
several hundred percent..in favor.of mobile .homes.. It.is recom-
mended that the City Council_iequire.major modifications to the
economic .section- as_it.would be a.disgrace.to the-City for many
years if the economic.section._i §..allowed.to. stand as is. The
economic..section as..is. woule_.strongly..use.d.a.:sales document for
mobile homes d- b
es over.a.wide.:section of_the.country as it is just the
kind of information the mobile home industry would like to have
approved by San.Luis.Obispo City Council.
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City Council Minutes
July 5, 1977
Page 7
2) The social and: aesthetic ._degradation.of::the..mobile. home park
expansion in the EIR.were.'not. adequately.. described:_ nor were the
mitigation measures:-adequately-described to-prevent this degrad-
ation.to:the.community_and... the City. The EIR needs considerable
improvement in this area.
3)' It is recommended. that. the .use•.permit.be.denied.for.the following
reasons:.
a) The Environmental. Impact ..Report..is.unsatisfactory.
b). Mobile homes.do.not.pay -.their..share of_taxes:.as.indicated
in tables.2 and:3_of-this_appeal...Table 3 indicates that fixed
houses produce.4.7 to .13.8- times:the.revenue to the community
as identical mobile houses :because -of..the tax laws.
c) The land plan for mobile..home-.park_is_needed_ for a neighborhood
community park..uriless the Council can-immediately find a better
park alternative.
d) Sing le. family :homes::or:.duplexes.would:.be much superior to.
mobile :.homes:_in..many.ways,.is previously indicated in this
appeal. They would also.provide an estimated.50-man 1years
of employment to.the..local construction industry.
e) The mobile home.expansion..would..create _ a severe impact on the
social, aesthetic, and,-general-qualities.-and character of the
.community: ._. ._ .
Terry Sanville, .Associate Planner ;. submitted :a..lentthy report on the
appeal of the. final ..EIR..and..use_permit..for the..proposed..88- unit expansion
of the Laguna Lake :Mobile:Estates,.1801_Prefumo Canyon.Road. He reviewed.
the background information.for.the Council.:who- ordered in August of 1976 .
the economic sections of <.the..proposed.:EIR to.see_the. significant effect'
additional mobile.homes.would.:habe on the = community. ..He then- reviewed':the
cost revenue analysis_prepared.by . the..staff ; from.the EIR.economic report
section,.and recommendation -that._based:.on.the. information provided in
this staff report and_the.economic _ study,.the City Council should deny.the
appeal of:the final EIR. 'Since the... project's;use. permit was -appealed to
alledged.inadequacy of_ the .final.EIR,.the,.City.Council should-also-deny the
appeal of the use permit application.and.allow.the developers to-proceed..
Charles Dills,_on.behalf of .the.City of-San Luis.Obispo,.Citizens.Advisory
Committee, submitted a- recommendation.to_ the City Council expressing their
concern.over the conclusions of the ..economic portion.of the Environmental
Impact Report. submitted.in. conjunction with the pr6posed.88 -unit mobile home
park expansion. It appeared to the Citizens Advisory Committee that the
methodology used.tended.to.bias _ results..of the study-strongly in favor of
the project. Specifically, the estimates of revenue-and-cost impacts
on the City.of the 3 potential housing modes; single-family, apartment,
mobile were quite misrepresentative. Second, the conclusion that cost
was not a significant factor in the.choice of housing styles seemed
questionable. Third, the method-tor evaluating.comparative occupancy costs
appeared dubious considering.each..of -these issues briefly.: The Citizens
Advisory Committee urged.the City Council.to consider:the merits of the
economic analysis:presented_in the:EIR.carefully. It.also urged the City
' Council to review.the.objections.- outlined.by:Mr.: Donald Smith:.in his letter
of June 17,•.1977.in.appealing the.adequacy:of.the subject EIR.
D.F. Romero, .Public. Services Director .;.stated_that•it:had.been.his under-
standing- that the:. staff. was: going ..to:prepare.a:contract.calling for the
consultant to conduct original .investigations - :regarding cost -arid revenue
relating to-mobile park homes rather than utilize a previously prepared
City information pamphlet on.mobile home_parks...However; this was not
requested of the consultant,.therefore he believed the consultant.did.comply
with the requirements of-his contract and that the coverage of the final
EIR was satisfactory.
City Council Minute
July 5, 197.7
Page 8
Mr. Bruce Lord, consultant representing..Lord.and LeBlanc of San
Francisco, Economic - .Consultants for the City, in the preparation of the
economic-evaluation portion.-of the.ElR:for.the.proposed expansion of
Laguna Lake Mobile.Estates, reviewed :•for.the,:City.Council.Section II
of the EIR and-the steps taken by'his firm:in-:order to arrive at their
economic - evaluation for mobile home.-development in:San Luis Obispo. He
reviewed the various sections- of.cost /revenue comparisons and their
alternatives. He submitted..to the.Council, several.errata sheets dealing
with the economic report correcting. - a.number.of figures.from which he had
drawn certain conclusions.
The City Council members.present discussed with Bruce Lord just how his
firm approached:. the. assignment -of.preparing the economic evaluation of
mobile home. development :- in.San_Luis.Obispo.asid.:in :.what depth did the
consultant personally.go.into : the:comparisons.in light of the various
errors in the tables which.he had.presented:this evening.. Mr. Lord again
reviewed.the.steps taken by.him-and_ his associates in.preparing the
statement and he'apologized .for.the- errorsiin mathematical extension
which brought out an erroneous conelusion.
9:00 p.m.; Mayor .Schwartz.declared . a recess.
9:15 p.m.,.the meeting:.reconvened with.all..Councilmen.present; Councilman
Gurnee absent.
Terry Sanville;.. Associate_ Planner, ..again_.presented.the.Planning staff's .
recommendation:. urging_the..City_Council . to.deny the appeal on._the final EIR
and also the appeal of the.use. permit and:.allow..the project to proceed.
Mayor Schwartz declared.the phblic hearing open.
Donald Smith, .1750 Prefumo..: Canyon. Road „ submitted.fur.ther. information on
his - appeal and listed other..major.fauits.in.the: economic ;portions of the EIR
as presented by Lord &.LeBlanc. He stated that the:.EIR in.conclu.sion did
not adequately consider:the.social cost to the community:
1) Tax inequity,
2) Park rent increases•necessary.to..pay for.the addition and to maintain
profit margin,
3) Age discrimination.in the.park: and .the _ effect,on the community,
4) Project does not provide.low.:cost , housing.as- commonly thought;
5) How many mobile.homes are.too: much since the City already has about
twice the California.average : as the percentage of population?
6) Effect of.the:visible: impact :.and ways.to mitigate it, and
7) Pros and cons for: 30: year:disposable:housing.:versus conventional
100,year housing.
He again submitted his conclusions and recommendations as to.the inadequacies
of the Environmental.Impact Report.
George Henry,.1750 Prefumo
Don Smith, including.the..f,
to reject the EIR and.send
then reviewed the economic
home units and felt mobile
ment services.
.Canyon Road.; spoke.in support of the appeal of
acts and-..figures presented. He urged the Council
it back.-for correction and clarification. He
comparisons of single family homes versus mobile
home.units did not pay for the-minimum govern-
Elizabeth.Zevely supported.Don-Smith.'s appeal.and.his clarifying presenta-
tion this evening.
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City Council Minutes
July 5, 1977
Page 9
Pete Evans supported. the..appeal ,of. Don..Smith..as...he._.felt . the mobile home.
units did not. ..pay.their.*aay.for:.community services. He felt that the
economic .portion- of..the.EIR was invalid, inadequate and- .poorly prepared as
admitted to by Bruce_Lord,.the consultant.
Carol Switzer_spoke_in_ support -of= the- expansion..of Laguna Mobile Home
Park as she_ and_her..family_.p?an..on moving_ to'.. San_ Luis Obispo. as soon as
the expansion was allowed... She..felt that this.was the.life her family
now wished to follow.
Frigga, 3860 S. Higuera.Street,.Silver City - Mobile Home -Park,
stated.he was in support,of.Bruce Lord'.s economic..report, portion of the EIR,
as he felt - it was more than adequate .and.hoped.the- Council..would deny both
appeals of. -Don Smith.
Art Jack, Laguna Lake: Mobile : Home: Park -resident',-spoke..in. support of denying
the appeal and.accept.the Planning Commission's - recommendation to approve
the.EIR as adequate:and..grant.the use permit.
George Hedley, owner-of . Laguna._ Lake- .Mobile..Estates,:stated that for over 16
Sears they.had been attempting .to.expand._ther.mobiie.home: park.. He stated that
he and his-partners had.attempted-to.comply with every rule, regulation and
desire of all City boards,:.commissions.and individual.staff, but each
time they moved ahead, Mr. Don.Smith..objected :to their plans, which added .
to the cost of not. only. developing ..the..park..but_all.the improvements
.therein. He then.reviewed..for the City-Council the.- conditions under which
mobile home units. could .be.moved:.into-..the.•new..park addition:" He listed
the amenities -provided -by: the _park..manag.ement- _at.no.extra cost.to the
public amenities not given. .to..non- mobile.home.residents. He urged the
Council reject the - appeal: of--Don :Smith_and.support.= the..action of the
Planning Commission in finding that the EIR was adequate and.authorize the
inssuance of.the• use permit. .
Mrs. Ed Marshall, resident..of. Laguna Lake:Mob-ile_Home- Park,-.supported the
City to approve:the.EIR:and use.permit' for expansion. -.
Charles Andrews, Albert Drive, reviewed.again the letter by the Citizen's
Advisory Committee_ questioning.the - adequacy -of the EIR.
Meryl Carpenter, 3860 S.- Higuera. St.,.supported- the-expansion_of the Laguna
Lake Mobile Home Park as an alternative way of life for the citizens of
San Luis Obispo.
Mayor Schwartz declared.the- public.hearing closed.
Councilman.Dunin stated that-he-would-support the Planning.Commission in
finding that the.EIR_ was adequate,..approve.the use permit,and deny the
appeal of Don Smith.
Councilman_ Pet ter son stated -that he_did:not.consider the - economic -basis
of the EIR.as.adequate... He.fel.t_ that the consultant had not clearly
carried out his task, but -that he would support the issuance of the use
permit and found that the EIR.in general.was adequate.
Councilman Jorgensen.:stated that.-.he_ could. -not. find.'that- the EIR. wad
adequate .as_it contained - too- many_errors:.not:.including.the economic
comparisons:of: taxes•, single'.family- .homes.versus mobile:homes.. He felt
he could not support:.the_approval.of the-.Planning.Commission.for the follow-
ing concerns which had..not.been answered.in the.ELR: 1) the growth inducing
effect.of the mobile.home.expansion,•2) mitigation'.of. the development effedts
on the Laguna Lake.:area, and;. 3) the question, of the mix of irarious.types
of housing in the City - mobile homes, single family dwellings, apartments
and coddominiums due to the,large percentage of mobile home units in San
Luis Obispo.
C.
City Council Minutes
July 5, 1977
Page 10
Mayor Schwartz stated he could. not:support.the _ issuance -of.the.use permit
due to the-defects in the.economic.portions of.the EIR presented by the
consultant at this meeting. He -felt that the key question.for the City
to face was whether they wished to:continue to_allow more.and_more.mobile
home space in the community. He.felt.that.the.Council_should 166k to the
fairness of -all residents-in the support of.-government through taxes- either
through direct.property taxes.or the in- lieu.tax by the-Dept..of Motor
Vehicles.
On motion of Councilmau�Petterson ,_.seconded.by_Mayor.Schwartz, that the
City Council uphold the appeal..of..Don.Smith.and direct the economic
consultants.for.the.ElR _ to correct:the.inadequacies. and continue the
consideration. of the use.permit until.these corrections had.been made..
Motion carried, Councilman Gurnee absent.
5. At this time the City .Council_considered..the:•final passage of
Ordinance No._.707 (1977 Series) an.ordinance-of the City.of San Luis Obispo
amending Part 6 of.Chapter 1, Article VIII of.the Municipal-Code by adding
Section 8162.thereto.relating to water saving devices.
Mayor Schwartz declared the public hearing open. .
No one appeared before:the:City Council.for.or.against the.final passage.
Mayor Schwartz:declared. the:public-.hearing - closed.
On motion of-Councilman Jorgensen, seconded .bv' -Councilman.Dunin,.the ordinance
was introduced for-final passage.
Finally passed and-adopted-on.-the-following roll.call vote:
AYES: Councilmen Duain, Jorgensen, Petterson and Mayor Schwartz
NOES: None-
ABSENT: Councilman Gurnee
6. At this time the City Council considered a:proposed_resolution super-
seding City-Council Resolution No..3225 (1977 Series), certifying the
final project EIR for tentative tract =64 603 and -608.: ..
On motion of Councilman.Dunin,. seconded ;.by..Councilman.Jorgensen, the following
resolution was.introduced:...Resolution No.:.3361 (1977 Series), a.resolution
of the City of San Luis Obispo City Council certifying the project Environs
mental Impact Report for Tentative Tract Maps.No. 603 and 608:
Passed and adopted on the following roll.call..vote:
AYES: Councilmen.Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee .
7. At this time -the City Council.considered.the tentative tract map for
No. 603, a 64 -16t residential subdivision at Los Osos Valley Road between
Descanso and Cachuma:in an R -1 zone; Cuesta Associates, subdivider.
Dan Smith. - Senior Planner, reviewed for.the:City Council.the.action of the
Parks and Recreation Commission. joint ..meeting..with.the -.Planning Commission.
on June 15; 1977 at which time.they unanimously approved-the recommended
revision of the subject tract map to include.dedication . of a.3.3.acre park.
The area proposed.for dedication was the same area proposed -by staff at the
June 7, 1977 City Council.meeting. The.dedication:requirement would be
derived by normal park land.dedication requirements for both tentative.
tracts 603 and 608 plus 1.6 acres required because tract 603 was an
optional design subdivision.
The subdivider contended -that the park.area required.for dedication was
an unusually expensive piece of property.inasmuch.as it was designed
subsequent to the subdivision layout and..thereby.contained an unusually
large amount of proposed street frontage. He asked the Commission to take
this into consideration. The Planning Commission agreed that frontage
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City Council Minutes
July 5, 1977
Page 11
improvement costs of the park .were.unusually high and therefore recommended
that the subdivider receive credit for the cost of curb, gutter and
sidewalk requirements adjacent to the park to be applied as in -lieu fee
credit on the areas designated for future plan development. The condition
was listed as condition 22 in the subdivision resolution.
Dan Smith stated that since that meeting he had met with Jim Stockton,
' Director of Parks and Recreation. and they both agreed that after further
evaluation that the sidewalk was not really needed along the park frontage.
Therefore, it was the staff's feeling that the subdivider should not be
required to construct sidewalks nor given credit for the cost along said
frontage since the cost would be nominal and not unusual. Therefore, the
staff recommended that the City Council adopt the Planning Commission
recommended resolution granting approval of Tentative Tract No. 6 with
conditions but deleting condition 22 and granting a sidewalk exception
for park frontages.
Wayne Peterson, City Engineer, spoke in support of placing the sidewalks
now along the park frontage as he felt that sooner or later, someday, the
people would come to the City'Council demanding that sidewalks be placed
along the park frontage.
L. Blaser, developer, appeared before the City Council and urged the Council
to give some consideration to the property owner for the granting of 6 lots
for this park purposes.
Vic Montgomery, stated he was in support of the staff recommendation of
not requiring sidewalks in front of the open space or park areas.
After discussion by the Council and staff, the following resolution was
introduced on motion of Mayor Schwartz, seconded by Councilman Dunin:
' Resolution No. 3362 (1977 Series), a resolution of the Council of the City
of San Luis Obispo granting approval of Tentative Tract Map No. 603.
Following are the four findings required by the State Subdivision Map Act:
1. The tract map and design are consistent with the General Plan.
2. The site is physically suited for the proposed type and density of
development permitted by the R -1 zone.
3. The design is not likely to cause substantial environmental damage, or
cause serious public health problems.
4. The design of the proposed subdivision will not conflict with public
easements for access through, or use of, property within the proposed
subdivision.
Following are the 21 conditions:
1. A note shall be placed on the final map that lots 7 and 39 are not
developable lots until gravity flow city sewer is available.
2. A fence or landscape planting plan for the rear of lots 31 through 38,
42 through 44 and the west property line of lot 58 shall be approved
by the Community Development Director; said fence or planting to be
' installed by the subdivider as a part of the subdivision improvements.
3. Conditions, Covenants and Restrictions shall be recorded with the final
map requiring uniform fencing (design, material and height) for all
property lines contiguous to the dedicated neighborhood park; said
fence design to be approved by the Community Development Director.
City Council Minutes
July 5, 1977
Page 12
4. Conditions, Covents. and Restrictions.shall_be.approved by the City
Attorney and_Community.Development Director.
5. The slope bank_along. Los ..Osos.Valley:.Road..shall.be_ rounded and varied
in slope to the.approval.of the.Community Development Director.
6. Street trees shall-be-planted,-in a 10' street tree-easement-along all
street frontages. 1
7. A 1 foot. "no.access'.' strip.shall be dedicated.to the-.City along Los Osos
Valley Road frontage for lots 7, 44 and 46.
8: Subdivider-shall dedicate..theA.3 acre.open space -area depicted on the
approved - Tentative Mapper the.foliowing.requirements.
a) .84 of an acre -for required.park:dedication. for the subject
tract map.
b) 1.6 acres to compensate..for.reduced_ lot sizes as -a .part of optional
subdivision.design for.the: subject tract map.
c) .84 of an acre for required park dedication for.Tentative Tract
Map No..608.
9. A drainage.plan,designed..to- handle ..run- off.from.a,100_year storm and
including off -site improvements to convey site drainage.to an accept-
able point of disposal shall.be approved by the City-Engineer. -
10. Curb, gutter and sidewalk.and: street pavement.shall.be installed to
City standards-throughout.the tract and along all perimeter frontages
(Los Osos and Descanso).
11. All water courses and drains shall..be.in easements and all areas
subject to.inundation.shail be so noted and.covered.by an easement
for access and maintenance.
12. Manholes in lot 40 should be served.by.an.all weather dust free
access.
13. There shall be.an all.weather..dust free access and driveway ramp
leading to the manhole in the dedicated park.
14. In the event the-sewer main..in.Los.Osos Valley Road.has less than
3.feet of cover, special treatment and:materials shall be provided
to the - approval of the City Engineer.
15. A note shall be.placed-on..the.final.map indicating that there shall be
no pading of lots and.that grading shallibe limited to-foundation grading
and a reasonable amount of-grading incidental thereto (except -ion noted
in condition 18 below).
16. Driveways shall be. graded- to.slope.to.the.lot.rather than cut into
lots at.street grade.
17. Lots 10 through 12 and 28 through 30 shall be.graded.to drain to the
.street.
18. A note.shall be placed -on the final map_indicating.that.lots 14 through
17 and 34 through 38 will require special provisions.in building design in
order to sewer to the street.
19. The final design - and -exact placement:of sewer.lines shall be subject
to the approval of the.City Engineer.
20. Street names shall be. subject to the approval of the Community
Development.Director.
21. All cut and fill slopes -shall be,seeded-:immediately.subsequent to their
creation to the satisfaction of the.City Engineer.
Passed and..adopted.on the-following-roll call-vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
City Council Minutes
July 5, 1977
Page 13
ABSENT: Councilman.Gurnee
After discussion by the Council,_on.. motion _.by.Councilman.JorQensen, seconded
by Councilman Petterson,_ the- .following.resolution.was introduced:
Resolution No. 3363 (1977.-Series), a- resolution of.the..Council of the City
of San Luis Obispo.granting..approval of Tentative Tract Map No. 608, located .
on the west side of Los Osos.Valley Road,.north side•of Diablo Drive.
Following are the 4 findings required .by.the:State.Subdivision Map Act:
1.. The tract map and design are consistent with.the General Plan.
' 2. The site is physically suited for the - proposed type and density of
development permitted.by.the R -1 zone.
3. The design is not likely.to. cause .substantial - .environmental damage,
or cause serious public.health problems.
4. The design...of :.the :.poposed:subdivision.will not.conflict with public
:easements for.access.through, or.use of, property.within the proposed
subdivision.
8. At this....time the:_ City_ Council..considered..the - Tentative Tract
Map -No. 608 for..61.single..family.lots _ on.Los.Osos Valley Road between
Cachuma and the.westerly City limits, Cuesta Associates, subdivider.
Dan Smith, Senior.Planner, reviewed the Planning.Commission_'s action
.in recommending_ approval- of.the..Tentative.Tract:::Map No: 608. He stated
that pursuant.to. City. and. State•: EIR. guidelines,_mitigation.measures to
minimize. adverse :environmental..impacts.as described in the project EIR
were recommended..as. certain..conditions . of.approval.. The most significant
condition in this respect:was.the required dedication.of land.for neighbor-
hood park. The City.Counci•l.should_ note- that.the..3.3 acre acre recommended
for. dedication.. within ._TentatiVe.Tract.Map.No..603 was predicated.in part
upon the required-.84 of. -an acre.. dedication .of..Tentative.Tract.Map No.
608. Other specific donditions would_.be.addressed by.the resolution
approving the.subdivision...Planning -staff recommended.that..the City Council'
'
adopt the Planning.Commission's recommended_conditions.for approving
Tentative Tract Map No..608=.with -a .variance to lot - width.standards for
certain lots within the subject tract.
After discussion by the Council,_on.. motion _.by.Councilman.JorQensen, seconded
by Councilman Petterson,_ the- .following.resolution.was introduced:
Resolution No. 3363 (1977.-Series), a- resolution of.the..Council of the City
of San Luis Obispo.granting..approval of Tentative Tract Map No. 608, located .
on the west side of Los Osos.Valley Road,.north side•of Diablo Drive.
Following are the 4 findings required .by.the:State.Subdivision Map Act:
1.. The tract map and design are consistent with.the General Plan.
' 2. The site is physically suited for the - proposed type and density of
development permitted.by.the R -1 zone.
3. The design is not likely.to. cause .substantial - .environmental damage,
or cause serious public.health problems.
4. The design...of :.the :.poposed:subdivision.will not.conflict with public
:easements for.access.through, or.use of, property.within the proposed
subdivision.
A. That a variance_ from .minimum.lot..width.standards for ...Lots 2 through
7, Lots 23 through- 27.and.Lots.30.through.33.be granted with the
determination that:
(1) The variance.is not a.grant.of.special.privilege because of the
limitations- provided =by -the unique- characteristics of the site
in arriving _at..an..acceptable.subdivision design.
(2) The site in question, because.of its unique topography and
dimensional characteristics, would deprive the property of
privileges enjoyed by other properties-if the lot width.require-
ments were strictly applied by causing,substantially• over -sized
lots.
(3) The variance is not inconsistent.with.the..spirit and intent.of
the subdivision regulations which.are intended to ensure well
designed-lot and-street patterns and - suitably sized lots.
'
B. That Tentative Tract Map No..608 be-granted-approval subject to the
following conditions:
1. All of the lots.not granted a.variance.to.lot.width_ shall conform
to lot size requirements on the final subdivision.
2. Access rights to Los Osos Valley Road for Lot 1 shall be dedicated to
the City.
3. Lots 56 thru.61 shall be combined-with..Lot . l.and a note shall be
placed on the_final.map that Lot l.is not- a.buildable site until
gravity.sewer.service_.is provided.
4. A landscape planting. plan shall.be.submitted . and.approved by the
Planning staff to.provide a wind row tree planting scheme for the
rear of.Lots 43 through_55_and.north lot line of Lot 1. Said
landscape -plan shall include.a fence design for the rear of Lots 43
through 55 and.the tract CC &R's shall limit fencing along said lot
City Council Minutes
July 5, 1977
Page 14
lines to that approved..in the landscape plan.
5. A note on.the final..subdivision.map.shall indicate.that the lots in
Tract 608 shall not be padded_ and. that.grading.on.individual.lots
is not.permitted except for building foundations,.driveways and .
minor grading for - backyard areas.
6. The final map shall.contain.a.note that special building designs are
required to compensate•.for.limitations.to grading..
7. Where common driveways.are.shown they shall be noted on the final
map as 16.feet-.wide and centered on common property lines.
8. The subdivider shall prepare a drainage plan..suitible.to accommodate
a 100'year storm which:carries.storm runoff to an acceptable point
of disposal... Said plan shall be approved.by.the City Engineer and
shall include the.construction of- concrete•drainage.:structures to
'carry storm.runoff across individual lots.
9. The subdivider.shall_ obtain an.easenient•from the disposal of site
drainage across individual lots. -
10. A 10 foot'easement shall be granted to the City for: the drainage cul-
vert across Lot 1.
11. All local streets other than cul -de -sacs shall be disigned to a traffic
index of .5.5.
12. Overflow relief swales shall be provided.with.drainage.drop inlets
where determined_to.be necessary by the.City Engineer.
13. The final map shall .note the Union.Oi1_line and easement in Los Osos
Valley Road.
14. The final design of the curve.section_of Mirada Street shall be
approved by the City Engineer.
15. Water and sewer fees shall be paid.
16. .84 acre of land shall be dedicated_..to the.City for.neighborhood park
land. Said land shall, contribute_to.the neighborhood park xequired
for dedication as.a.part..of..Tentative,Tract 603.
17. Lot 54 shall not be offered for dedication..
18. All cut and fill slopes shall.be.seeded_ immediately. subsequent to
.their creation to the-satisfaction of.the City Engineer.
Passed and adopted on-the following.roll call vote:
AYES: Councilmen.Dunin, Jorgensen, Petterson and-Mayor Schwartz
NOES: None.
ABSENT: Councilman Gurnee
10. At this time the City Council_considered,.a..Level 1 sewer defi-
ciency under the'provisions.of Ordinance 604 -A in conjunction with Minor
Subdivision No. 77 -148, Eagles Lodge-Hall, 3650 South Higuera Street.
Dan Smith, Senior Planner, stated.that.•the�.subject property was not served
by City sewer. The nearest existing public sewer is located approximately
1,200 feet away in Higuera Street. Subject property was currently served by
an on -site septic tank and the applicant was requesting a use permit to
construct a new and.larger facility. The staff recommended:- to,the Planning
Commission that-the applicant be-required-to.extend..a..12 inch sewer line
in Higuera Street for distance of appfros+mately 1,200 feet. The cost of
the sewer extension would.be approximately $30,000.based on estimates of
the City Utility Engineer. The City would, per current policy, compensate
for the cost of oversizing of.the_.sewer line (difference in cost between
standard 8 inch line and-required 12 inch line) if the applicant-followed
City procedure.for construction. The difference in cost would amount to
approximately $6,000. The applicant would.also be.eligible for reimbursement
per City schedule by developers who-later connected to that portion of the
extended sewer line. It might be worth noting that the west. -side of Higuera
Street was fully developed and.therefore proviaed.no opportunity for applicant
reimbursement. The east side was undeveloped.and might provide for some
reimbursement depending upon development design. The Planning Commission
i
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City Council Minutes
July 5, 1977
Page 15
recommended that the deficiency be.noted.but.that _ the.applicant, Eagles
Lodge, not be required..to.extend_.the.sewer_ line. .It appeared that the
Planning Commission .felt.that..the..size.of the.project did not warrant
the relatively expensive off -site improvement. The lack of sewer-would
obgiously hurt the development potential of the site depending on.soil
capability which.staff understands.was. relatively poor: _.County Health
Department approval would_also.be:required..for any expanded-use of the
septic tank facilities. .The.staff.recommended.that the.-applicant be re-
quired to extend.the 12 inch.sewer main approximately 1,200-feet to and
across the frontage _of_the.subject_property.as an off- site.improvement.as
a requirement of Ordinance No. 604 -A. Further,.the Council should.authorize
City contribution for City.Sewer line oversizing if City procedures were
followed. The applicant would be eligible.for normal reimbursement
schedule for future hookups.
The City Council discussed with staff the potential developments in the
area where the applicant could get some support for this expensive sewer
line.
On motion.of Councilman.Jorgensen,_. seconded- by.Councilman_Petterson,. that
the City Council uphold the staff recommendation and require the installation
of the 12 inch sewer main to the point.of nearest service in order to
alleviate this deficiency under the 604 -A Ordinance, but also urged that
the property owners . be encouraged to work with adjacent developers on
this extension. Motion carried,. Councilman Gurnee absent:
11. City Council considered the Quarterly Deficiency Report under
Ordinance No. 604 -A of Level II deficiencies from February through May, 1977.
Summary constituted the second quarterly report.for the County -year 1977 and
generally covered projects submitted to the - Community Development Department
prior to May.l, 1977.
The attached summary sheet identified-4 projects which were either
inconsistent with the 1977 General Plan or proposed to be located in the
Laguna Lake.area which had..substandard:fire service. The decrease in the
number of deficiency reports was probably.due to-the action of the amended..
General Plan in late January and the initiation -of a.City -wide rezoning
program. Staff anticipated that the sucessful completion.of the program.
would completly eliminate-the potential for projects being approved.which
were inconsistent with the.General Plan. For the projects identified as
being inconsistent, staff recommended.that the affected proper.ties.be rezoned
consistent with the plan as part of the neighborhood_rezoning.programs. In
addition, staff recommended that the Planning.Commisi3ion and City Council
support, as a high.priority 1977/78 CIP item, the construction of a permanent
fire station in the Laguna Lake area. The staff recommended that the City
Council adopt.the staff and Planning Commission recommendation of the 4
projects listed in the report...
(1) DATE AND TYPE
OF PROJECT
2 /9 /77- Planning
Commission Use
Permit (U Zone)
(U--0589)
RECOMMENDED ACTION
PROJECT
DESCRIPTION
&.LOCATION
Expansion and Misc.
improvements of ..
existing.Church.af
1245 -Los Osos Road
Applicant shall install auto-
matic fire _sprinklers in all
main structures or alternative
method of protection subject
to approval of the Fire Dept.
APPLICANT
Archie Higdon
(Congreational
Church) .
STATUS OF REPORT
STATEMENT OF DEFICIENCY
The proposed project
is beyond the 4 -min.
response time from
the nearest fire
station (Headquarters
Station 411)
Use Permit Approved
BykETanning Commission.
City Council Minutes
July 5, 1977
Page 16
PROJECT
(2) DATE AND TYPE DESCRIPTION
OF PROJECT & LOCATION APPLICANT. STATEMENT OF DEFICIENCY
2 /17 /77- Planning Construction of a. Photo Express, The proposed project
Commission Use Film sales booth Inc. is beyond the 4- minute
Permit (C-N -S Zone)at 1396 response time-from-the
(U 0597) Madonna Road in the nearest fire '
Laguna Village station (Head-
Shopping Center quarters Station
91) .
RECOMMENDED ACTION . STATUS OF REPORT
Planning Commission.and.City. Use-Permit Approved by
Council should include.within the.. Commission 4/6/77
1977 -78 CIP provisions for con
struction of a Fire Station
within the Laguna Lake Area.
(3) DATE AND TYPE PROJECT
OF PROJECT DESCRIPTION
& LOCATION. APPLICANT STATEMENT OF DEFICIENCY
4/16/77 -ARC Construction of .Silvaggio /.. The 1977 General Plan
Review 36 apartment.units Marshall shows an "Agricultural/
at 493 Brizzolara Conservation" design-
St. (R -3 Zone) tion for. this site; the
proposed R -3 development
is not consistent with
A/C
RECOMMENDED STATUS OF REPORT -
The,project site should.be..re -:... Schmatic ARC Approval
zoned from. R -3 to .A /C as part.-
of the. neighborhood..rezoning•.._..
program,. The Planning Com -.
mission may consider amending.:.....
the General Plan:in October to
show-residential use of this.
area. .
4) •
(4) PROJECT
DATE AND TYPE DESCRIPTION
OF PROJECT &.LOCATION. APPLICANT . STATEMENT OF DEFICIENCY
4/20/77 -ARC Construction,of Sawyer.Const.. Proposed development
Review 3 apartment units Co.. density of 15.5 Units/
at 955 Pepper Acre is inconsistent
Street. with the "moderate
density" residential
classification shown on
the 1977 General Plan..
On motion of.Councilman.Dunin,. seconded ...by..Councilman -Petterson, that
City Council approve the. staff. and. Planning •.Commission_recommendations for
the 4 projects listed. Motion carried, Councilman Gurnee absent.
12. Council. consideration.of..the.Tentative Tract- Map..No. 645, John
Ring, for 9 lot residential subdivision between.3270.and..3355'Broad Street,
R -2 zone.
Dan.Smith, Senior.Planner.,..• reviewed.. for the..City.Council. the proposed Tenta-
tive Tract Map and the area. He.stated..the subject -site lay.between Broad
Street. and Rockview Place, consisted .of - approximately 4-acres of land and
was presently vacant. There were.two small creek.channels on the site, one
traversed the full width of the site parallel to Broad-Street and the other
originated at the east property line from a culvert.under.Broad Street.
The site could be.characterized,as having two .types of topography; the
rear portion sloped steeply down from Rockview Place to the creek channel.
City Council Minutes
July 5, 1977
Page 17
The average cross slope was,17%. The-front portion.of the site was on the
east side of the creek channel-was relatively flat. Broad Street had been
built up-,to an artific"l_ grade with.the properties close to the same
grade as the street at the.south property line but was about 7 to 8 feet
below.grade_.on• the north property .line...The.subdivider.proposed to develop.
• the property into-9-residential lots.:. The.lots..range..in size from 14,000
square feet .to.24,000_square..feet. The_subdivision.,would..have -a dwelling
unit potential.of. about 35_dwelling..units.total. The dwelling unit cap-
ability of the individual lots.varied•_with size and slope.. The subdivision
included the extension_of_.a.cul- de- sac:street from.Rockview.Place which would
be constructed.as part of.subdivision- improvements. The cul -de -sac street
would be.steep--as.it extended..from..the slope from.Rockview Place. In
order.to. provide-..a.:somewhat..level . of..transition from Rockview, the street
would.be subject,to : some:. ear. th- f.illing_hay.ing...slope.banks on both sides
as high as 4 1/2 feet. The cul- de- sac'.street.in a steep sectiona:would
have .a 15 %:grade.. Curb '.gutter and sidewalk would. be provided on all street
frontage including - Broad. and.Rockdiew_Place. _The subdivider proposal for
minor grading in the creek channel running parallel-to Broad Street, the
work.would be limited to.widening the.channels_slightly to make it appeared
more natural. The-subdivision-included-culvert in the .tributary channel
from Broad-.Street. 'A. landscaped ...earthen -berms..proposed._for a portion of
the site which would .both.:serve.to_ limit. pedestrian access to Broad Street
and lessen.the noise- impact-from-traffic. The.north- portionbof.Broad Street
frontage was proposed to be.planted.with.a double row of--live oak trees.
The subdivider intended.to. build ..out.the.subdivision.himself. He had
-expressed an intent to.utilize common access driveways whenever possible to
I inimize the.. number '.bf.creek...crossings.on.the -.lower lots.and the amount of
grading on.-the upper..lots...To date, tie had:not- submitted _ a -.plan depicting
the exact location__of.the.driveways.• Staff stated that-.the subdivision:
1) was-consistent with the General Plan which designates a site for
' medium'-density residential,
2)• that the, subdivision _:design-�is.appropriate for:.the-site and that
it provides for street.. access ..on-.the...site.other.than.Broad Street
which is consistent with City policy.
b. It is sensitive to.the.creek•for preserving..it as a natural
amenity for the residential�neighb'orhood._. .
c. It provides .a suitable.noise.:barrier for.:traffic• noise on.
Broad-Street bypprppesing..an.earthen berm landscape treatment
along Broad:. Street :frontage.:.:
d. It.provides lot.sizes to.accommodate.residential development
consistent with.neighborhood. character and-scale:' .
3) It is the staff's intent.to provide.access from the cul-de -sac to the
•.adjoining:.property_.to the south- of. th %subj.ect site. Said-property would
also be.zoned R -2 and.when.development.: occurs ;.will- need.street access
other than Broad Street._ The City -.was discouraging-direct-access to
Broad.Street. Access might-be provided - .either by requiring an extension
of .the.cul -de =sac .south of .the_street`s.south property line of the subject
property or by granting an easement across..Lots.7 and.:8. Staff felt
the easement.was preferred in that it utilized less land for street
construction...It was felt.that access easements could-b6-incorporated
in the development plans-for Lots-7 and 8... The..Planning Commission
required.the 20.foot easement-(Condition 21).but.at.the subdivider s_
request, required.compensation.be..paid to.subdivider from.the adjoining.
property-owner. . Compensation _was..infeasible,because.it eroded the
assurance; the 'City_would - have-- to .. provideL. for.: circulation with the adjoin -
iag. property ,throughr_the'subdivision:,. Staff '. recommended the City-consider
deleting the retirement for.compensation to the .subdivider and was now
specified..in recommendation conditions of approval.
4) The subdivider proposes a planter area in. "the center.of the cul -de -sac
which would be-dedicated-to-the City.and.would, according_.the.City
Engineer, require restrictingparking in the cul -de -sac raise. Staff
has recommended that.the planter be retained!and, the parking be so
restricted.
The Planning recommended that the-City Council.adopt the attached conditions
and approve-Tentative Tract No. 645.subject_to the findings.
David Romero.-Director of..Public.Services, upon request of the Council,
stated that he strongly disagreed with the development layout of this
City Council Minutes
July 5, 1977
Page 18
particular subdivision. Although he recognized the desirability of limited_
access to Broad Street, it-was his opinion that the tortured layout and
excessive street grades.necessary.:by access from Rockview, would create many
more.problems.for the.City. He-suggested.that:a_ less expensive develop-
ment, with shorter street, sewer; - water.andotherpublic utilities, could be
developed -with street access, but no- driveway access from Broad.Street.
The reduced-amount of utilities would reduce -City maintenance costs and
problems in.the future.
If the Council determined that.the.new.street must.be-developed. from .
Rockview, he recommended :that- the.drainage: ditch traversing-the property
be culverted,'with lots graded.over to -allow reasonable_building.sites,
rather than the.proposal_to.create an open channel, crossed.by. several
culverts and subject to_deposit.of_:trash, resulting in excessive maintenance..
costs by the City.. He also objected.to.the.developmerit . of an.island.in.the .
.center of.the cul- de- sac.which,.in his opinion, would-create access
problems for'the.residents.:and delivery vehicles,.would.require the elim-
ination.of all curb parking in the cul- de-sac, and would result-in
increased maintenance costs and problems for the City.
He.also stated that, in his opinion, the excessive grade.. and .narrow width
of the ..street.leading,from.Rockview would create an undesirable access
and parking..condition for the residents, and.increased City maintenance
costs and problems.
Vic-Montgomery, designer, spoke in support of.the development. He stated
it.was designed to appease the desires of'the Planning:Commission and.staff
and that they would..prefer coming-off Broad Street for easier development and
more economical, but that they were more than willing to.go along-with the
requirements of the Planning Commission.and City staff in this matter.
City Council discussed with staff,.developer.and_designer�-various aspects
of.the proposed_development,.but due_to.the.lateness of the hour, the
matter was continued to the Study Session of.July 11 ,1977.
13.
Continued.to
Monday,
July
llr;
1977.
14:
Continued.to
Monday,
July
11,
1977.
15. a. and b. Continued.to.the meeting on Monday,-July 11, 1977.
At this time the City Council considered-the Consent Items:
C -1 . On motion_of.Councilman..Dunin, seconded-by-.Councilman Jorgensen,
claims against the City.for the month of.July,. 1977 were-approved subject
to.the approval of.the.Administrative Officer.
C -2 On motion.of. Councilman .Dunin;- seconded,by.Councilman Jorgensen,
the.following minutes.of.Council meetings were approved and ordered filed:
March 9, 1977
March 11, 1977
Motion carried.
March 15,.1977-
June 7, 1977
C -3 On motion:.of..Councilman Dunin,.seconded
the following.contract pay estimate was approved
Conco Engineering Co. Est #4
MITCHELL PARK PLAYGROUND
C.P. #32 -77
Motion carried.
.by..Councilman Jorgensen,
and ordered paid:
$ 12,043.43
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City Council Minutes
July 5, 1977
Page 19
C -4 On motion of Councilman Dunin, seconded by Councilman Jorgensen,
the following resolutions were introduced:
Resolution No. 3364 (1977 Series), a resolution of the Council of the City
of San Luis Obispo setting salaries for full -time management personnel
appointed by the City Council.
' Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
"i
ABSENT: Councilman Gurnee
Resolution No. 3365 (1977 Series), a resolution establishing salary ranges
for employee classifications, specifying methods of advancement and super-
seding previous salary resolutions in conflict.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -5 On motion of Councilman Dunin, seconded by Councilman Jorgensen,
the request of Althea Meissner, on bebAlf of the Tolosa Land and Cattle
Company, for an offer to purchase their City property parking Lot No. 6
' was denied. Motion carried.
C -6 On motion of,Councilman Dunin, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3366 (1977 Series),
a resolution of the Council of the City of San Luis Obispo approving final
Parcel Map No. S.L.O. 76 -276, G.L. Parsons, applicant.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -7 Memorandum from Paul Laadell, Engineering Department, stating
that the California State Public Utilities Commission in publishing the
results of their investigations for the 1977/78 grade separation priority
list had dropped South Street from the list and that the Orcutt Road project
was No. 54 on a list of 68, which seemed that the City would receive no
financial aid in this crossing for at least 10 years. Landell's recommendation
was that the City certify the Orcutt Road EIR, adopt a modified setback line
in conformance with the modified alignment recommended both by the EIR staff
and to proceed to fund a street widening project from Broad Street to Laurel
Lane, which would 4 lanes and an upgraded crossing. This would then reserve
the right - of-way for a future over crossing which would have probably been
used for 10 to 20 years at which time train and vehicular traffic may have
worsened to the point where the priority index number would be high enough
for the City to receive funds for participation in this improvement.
City Council Minutes
July.S, 1977:
Page 20 ..
D. F. Romero recommended-that rather than proceed..with. funding -on a
street , widening project,, that the project be referred to next year's
CIP for consideration along with other,-street projects as he believed
there were other.more.critical street needs.
R. D..Miller, Administrative.Officer, recommended that this - matter be
continued and.be considered in the 1978/79 C..I.P.
On motion of..Councilman..Dunin, seconded.,by Councilman.Jorgensen, the
recommendation of.the Administrative Officer be accepted. Motion carried.
C -8 - Paul Landell reported to.the City Council that the Army Corps.of
Engineers might.participate in the.production of the Waterway Setback Line
Maps requested by the City,. at an estimated.cost of $15,000...The_City
would.provide whatever necessary field work- ..was.necessary and do the actual
aerial photo preparing and.diafting. The Corp.felt the contract could be
signed within 60 days and the work could start and be completed. within 120
days after execution of the contract. Paul.Landell.recommended that the
City pursue this method of.obtaining Setback Line Maps. He felt.that the
price was reasonable for the services provided. Because the Corp had much
pertinent data and personnel who were familar with:the creek system, there
was no way that a_ consulting engineeriing.firm.could.fulfill the requirements
in.the.same..time frame.or.any.where near the same.cost.to.the City. Using
this concept, the.City "s cost wbuld_be.for employee's salaries, first for
the survey party and then for. drafting and office engineering. The
possibility of additional. out -of- pocket .expense.would.be..limited to the
preparation of suitable photos for the.map base..•This would probably be
less than the additional $5,000 for a total of $20,000.
Wayne Peterson, City Engineer, recommended that the..City Council proceed
with the program as:recommended.so_ that the City would have a,basis for
reservation of right -of -way along the entire'.creek system.. Without this
program and the project being completed, it would.be more difficult in the
future to try to implement the zone.9 master plan.
R.D'..-Miller, Administrative Officer,.recommeded•.that the City.-Council approve
an increase in the Capital.0utlay.Item.to planning-studies-in the- amount of
$20,000 in view so -that the original.$50,OOO.would not be touched for -the
downtown .specific.plan:completion during the next.fiscal•.year: If:the Council
accepted this.recommendation, he.suggested.that staff be- authorized to secure
a.formal proposal..from.the:Corp ; and.that the Finance Department be instructed
to increase.budget by $20,000.drawing.from the Capital Improvement Fund
unallocated reserve.
On motion of Councilman Dunin, seconded by.Councilman Jorgensen, that the
recommendation of the Administrative Officer be accepted and -that an applica-
tion be made:immediately.with the.Corp of.Engineers and.on..motion.of Councilman
Dunin,..seconded..by Councilman_JoiQensen,..the following.iesolution was intro-
duced: Resolution-No.-3368 (197:7 Series)', a resolution increasing the
Capital Outlay Item..for..planning_ studies by $20,000 transfered from the
Capital Improvement Fund unallocated reserve:
Passed and - adopted on.the.following.roll call vote:
AYES: Councilmen)Dunin,.Jorgensen, Petterson and Mayor- Schwartz
NOES:- .None
ABSENT: Councilman Gurnee
C -9 Claim against the City by Baker Corporation of Arroyo Grande in the
amount of $1,491.,42 for completion. -of construction of .certain improvements
known as Miscellaneous Water.System_Works, South Broad Street, City Plan No.
31 -76, was rejected and_ordered.received and filed on..motion.of Councilman
Dunin, seconded by Councilman - Jorgensen upon recommendation of the City
Engineering staff. Motion carried.
C -10 Claim against the City by Amos Thomas Cauley III, 299 Cerro
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City Council Minutes
July 5, 1977
Page 21
Romauldo,.in the amount of $188.87-for damages_done.to his car when.a..City
employee alledged _bumped_.thh- ie8r6hd- 6f.:h-is car __while.. parked _was denied..
on.motion.of Councilman .Dunin,.secorid'ed..by_ -Councilman Jorgensen, and
referred to the insurance carried. Motion carried.
C -11A R.D. Miller, Administrative Officer, announced the following
appointments:
Peter Hubbard, Police Officer, effective 7/1/77 at Step 1 or
$1,080 /mo., subject to.l_ year probationary.period.
Bob.Anderson,.Technical Writer, effective 7/1/77 at Step 4 or
$1,130 /mo., for.a- one.year term only.
C -11B R.D. Miller, Administrative Officer, approved.the..promotion of Richard
M. Fisher from.. the_ position ,of.Mdintenance.Man.II.to Heavy Equipment Operator
effective 7/1/77 at Step 2 or $942/mo. subject to a one year probationary
period.
City Council acknowledged.the promotion.
TRAFFIC COMMITTEE REPORT
*Denial of request for green zone and recommended.2- hour.parking limitation
on Marsh Street from Beach to Higuera.
*Recommended traffic control delineation at.Longview.Lane and Bond .Street.
*Recommended.installation.of white loading zone and red curbing along Augusta
' Street in front of Sinsheimer School..
On motion.of Councilman Petterson,..seconded..by.Councilman.Dunin, the. above
traffic.items were approved_ and ..the_following_resolution.was introduced:
Resolution No. 3367 (1977 Series), a resolution.of.the Council of the City
of San Luis-Obispo-establishing two - hour.parking_on Marsh.Street, prohibiting .
parking on Longv-iew_Lane, establishing _stop.signs.on.Longview Lane, prohibiting.
parking on Augusta-Street, and establishing a.passenger loading zone on
Augusta St.
Passed and adopted on the following roll call vote:.
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
*Denial of request of request for stop sign on.corner._of.Church &.Garden St.
*Recommended installation.of a..4- way.stop sign on.corner_of_Osos and Palm St.
On motion.of.Councilman Petterson, seconded.by Councilman Dunin, the above
traffic items were denied. Motion carried.
TC- 4T -6 -77 On motion..of Councilman Petterson,.seconded _ by Councilman
Dunin, the recommendation.for traffic control for a.private school at Calvary
Baptist Church be approved. Motion carried.
TC- 6T -6 -77 On motion.of_ Councilman _Petterson,..seconded..by Councilman
Dunin, the recommendation.of_.installation of-parking meters in City Hall
parking lot and.on Hill St and.a loading..zone on Osos.between the two City
Hall driveways, be refered to the Administrative Officer for solution on City
Hall parking. Motion carried.
On motion of Councilman.Jorgensen, secanded_by.Councilman Petterson, the
Council meeting adjourned-at 12:10.a.m..to.Wednesday,.June 6, 1977, 12:10
p.m. in the hearing room, City Hall. Motion carried.
City Council Minutes
July 5, 1977
Page 22
APPROVED: September 6, 1977 l
patrick, City Clerk
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