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HomeMy WebLinkAbout09/13/1977M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 13, 1977 - 7:30 P.M. COUNCIL HEARING ROOM, CITY HALL Roll Call PRESENT: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Dan Smith, Senior Planner; Terry Sanville,,'Associate Planner; Glen Matteson, Planning Assistant; Dick Minor, Fire Chief A. Councilmen T. Keith Gurnee submitted the following letter to the City Council: ..:::.. : - -_ - . "Tonight, after much thought and consideration, and with the interest of my family foremost in the mind, I announce my resignation from the San Luis Obispo City Council effective October 1, 1977. My six year on the Council have been both frustrating and rewarding. Since my election in 1971, while still a student at Cal Poly,. I worked hard at my job. I tried to work for a more open, candid and competent government and to bring about a respect for nature and a uniqueness as a community. While the pursuit of these goals has seen only limited success, I hope that my tenure has served the purpose of making people think about what has been happen- ing to their community -- its environment, its government, and its future. Now, as the senior City Councilman at the.ripe old ago of 30, I find that only by resigning my position will I be able to pursue a career in my field or furthe my education. It.has been a difficult decision to-make -- one made somewhat easier by the absence.of any prospects for bringing about much needed changes in the admin- istration and policies at City Hall. To prolong my tenure in this situation would be an exercise in futility. These things are said not out of bitterness, but out of hope that new faces, new voices, and an enlightened public might bring about a more effective city government and a better future for San Luis Obispo. .I leave.the Council with a deep affection for this community and its people, with respect for my colleagues -- allies and adversaries alike, and with profound appreciation to all those people who have placed their faith and trust in me. I hope and trust that people will understand my decision." 1. The City Council continued the public hearing of August 23, 1977 on the recommendation of the Planning Commission to bring the zoning.into conformity with the city's General Plan in the so-called "Johnson Neighborhood". Terry Sanville reviewed the following problem properties before the Planning Commission with the City Council. 4) BILODEAU PROPERTY - lots fronting the east side of Johnson Avenue between Ella Street and the Judge's house. The existing zoning of this are is R -1 and R -3. The General Plan showed it as medium density - residential. The proposed zoning was R- 2...The Planning Commission listened to the comments of two property owners in this area. Murray Warden, representing the Bilodeau property, felt the proposed R -2 zoning would not allow additional improvements to the property. City Council Minutes September 13, 1977 Page 2 Mrs. Goble, property owner at 1850.Johnson Avenue, stated she wanted to keep the R -3 zoning so that her apartments would not become legally nonconforming. Terry Saiiville stated that the majority of the Planning Commission supported the R -2 zoning of this area. Some of the commissioners felt that the additional housing allowed by R -3 zoning would cause traffic problems on Johnson Avenue. Most of the lots had 50 and 60.' frontages, additional driveways which were needed to serve new development-caused problems on this busy street. Staff stated that they supported the recommended R -2 zoning of this area. With the exception of the Bildeau and Goble properties, all the lots on the east side of Johnson were either R -1 or R -2 types of development. Most were one -story homes. Staff felt that the R =2 zone more closely represented the character of the area. Murray Warden requested that the City Council continue to allow this property on Johnson Avenue from Lizzie Street west to the school district property to remain in R -3 zoning as was allowed across the street, as this property had historically been rezoned. Councilman Gurnee stated he would support the Planning-Commission recommendation. Councilman Dunin stated he would support the R -3 zoning. Councilman Petterson stated he would support.the Planning Commission recommendation. Councilman Jorgensen stated he would support the Planning Commission and staff recommendation. Mayor Schwartz stated he would support the Planning Commission's recommendation. Therefore by consensus, 4 to 1, the zoning would stay at .R -2. 5) MOUNTAIN OAKS ESTATES - hillside land located in the San Luis Drive neighborhood at the end of Andrews Street and Conejo Drive. The existing zoning.was R -1, the General Plan showed the majority of.this area as A /C. .There were over 60 acres of property within the city limits. After much discussion, the Planning Commission recommended that a portion of the hillside be zoned R -1 and the remainder be zoned A/C 40. The Commission's recommendation partly reflected the schematic subdivision plan that was prepared by the property owner. The plan showed about 10 lots being created on the hillside. The city staff could not support the Planning Commission's recommendation. The city's gravity water system would serve up to the 320' elevation. Most of'the area recommended for R -1 by the Planning Commission was beyond that point and. would require additional pumping. The staff recommended that the small area below the 320' elevation be zoned R -1. The area recommended.by the Planning Commission for R 71 zoning, which was above the 320' elevation, could be shown as A/C 5 as a holding zone until the owner could work.a solution.to the.water service problems. The remainder of the property which had steep slopes and limited access, should be permanently zoned A/C 40. Mayor Schwartz declared the public hearing open. Rob Strong, planning consultant, representing the property owners, reviewed the plans proposed for development of'the property: First, he stated. that the city water system could serve over the 320' elevation if the water system in the vicinity were brought up to standard, the system could serve higher elevations. He stated that, if the Council supported the.Planning Commission recommendation, he felt an adequate well designed development would be submitted. He also felt the A/C should be.changed from A/C 40 to A/C 10. Mayor Schwartz declared .the public hearing closed. He stated that if the statement were true that the water system with improvement could serve up to 375' by gravity system, he could support the Planning Commission recommendation. If not, he would support the staff -recommen'd'ation: Councilman Jorgensen felt, that in addition to the gravity flow problem, the Council should also concern itself with the proposed 30% grade in the R -1 zone. Councilman Gurnee suggested that the staff should be requested to come up with a final study on recommendations on elevations for gravity water. He was also concerned with the slope consideration. City Council Minutes September 13, 1977 Page 3 Councilman Petterson would support the Planning Commission recommendation.as appro- priate. Councilman Jorgensen could not compromise on the development of the property on such deep slopes or lots of R -1 density with 30% slopes. Councilman Gurnee agreed with Councilman Jorgensen. Councilman Dunin would support the Planning Commission recommendation and felt this could be a good development. Mayor Schwartz would agree with Councilman Gurnee and Councilman Jorgensen on gravity flow as a constraint of development. On motion of Mayor Schwartz, seconded by Councilman Jorgensen, accept the Planning Commission recommendation by amending the R -1 zone to 375` contour line behind Corralitos Street. Motion lost on the following roll call vote: AYES: None NOES: .Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz ABSENT: None On motion of Councilman Jorgensen, seconded by Councilman Petterson, accept the recommendation of the Planning Commission except for the area over the 30% slope. Motion carried, all ayes. On motion of Councilman Jorgensen, seconded by Councilman Gurnee, that all property above the 30% slope be zoned as A/C 40. Motion carried, all ayes. G) HIGUERA /MARSH AREA - CALIFORNIA TO RAILROAD - lots,fronting both sides of Higuera and Marsh Street between the_railroad.and California Blvd. The exist- ing zoning was PO and the adopted General Plan showed the area as an office district. The Planning Commission recommended that the City Council initiate an amendment to the General Plan to show this area as medium density residential. They recommended.that it eventually be zoned R -2.. The Commission felt that this area was now almost totally developed with housing and should not be converted into a professional office district. The staff supported the Planning Commission recommendation.to amend the General Plan on zoning area of R -2. If sometime in the future additional information showed the need for converting this area of the.General Plan and the zoning could be amended to show office use. Residential zoning of.the area would create two legally nonconforming parcels. Mayor Schwartz declared the public hearing open. No one appeared for or against the proposal. Mayor Schwartz declared the public hearing closed. . It was a consensus of the Councilmen that they accept.the recomendation of the Planning Commission and amend the General Plan on zoning ordinance to R -2 density. 7) WOODLAND DRIVE AREA TO SCHOOL DISTRICT PROPERTY - Staff recommended that the area below the 460 elevation be zoned-R-1 Land that the land above the 460 elevation be zoned A/C 40. Mayor Schwartz declared the public hearing open. Rob Strong felt that the area that could be served up to 460 be R -1 and that above that elevation be allowed a density less than A/C 40, preferably that of A/C 10 designation so that the Planning Commission would have control over the development. Mayor Schwartz declared the public hearing closed. Councilman Petterson.felt the Planning. Commission should look .into the areas zoned A/C to hear testimony from the property owners with.no development allowed on the 30% slope. City Council Minutes September 13, 1977 Page 4 Councilman Jorgensen wished to.have.it referred back to the-Planning Commission to analysis the density in all of the A/C zones but would not support development on land over 30% sloped. Councilman Gurnee would support A/C 40 zoning unless a different designation was recommended by the Planning Commission after study. Councilman Dunin opposed the A/C 40 zoning as he felt it was unfair to the property owners. He would rather send it back to the Planning Commission for restudy and recommendation. Mayor Schwartz stated he would support A/C 40 unless changed by the Planning Commission. On motion of Mayor.Schwar.tz, seconded by Councilman Dunin, that the City Council accept the recommendation of the Planning Commission that all areas below 460' elevation be classified R -1 and all property above 460' elevation be classified A/C 40. Motion carried, Councilman Dunin voting no. 9:07 p:m: Mayor Schwartz declared a recess. 9:22:p.m. The meeting reconvened with all Councilman present. Edward Ernatt, Kentucky and Taft Streets, asked that the City Council overrule the Planning Commission and rezone his property to RH as it was currently zoned and had been for the last 20 years. It had been recommended that it be rezoned to R -2. He stated that the property was located on a corner at the intersection of Kentucky and.Taft and was accessible to the flow of.traffic. It was located right on Highway 101 with the California Blvd: offramp in front of the lot.- Rezoning this lot would not allow any insentive for community development.and improvements as the rezoning provided for fewer units than currently existed on the property. The tax assessor had seemingly appraised this parcel as RH or higher since the appraised value of the land was considerably more-than the value of the improvements. Finally, he stated that they were not asking for the property to be rezoned to commercial use, although this would not be an unreasonable request, since the lot was located directly across the street from the Union 76 gasoline station. They would like to stay RH as it was presently zoned. Terry Sanville again submitted the-recommendation of the Planning Commission which was to make this property R -2 and the staff concurred with this recommend- ation although the adopted General Plan would allow up to R -3 zone density. Councilman'Gurnee stated-he would support the Planning Commission recommendation of R -2. Councilman Dunin stated he would-not support the Planning Commission recommendation as the property was presently developed to a higher density than R -2 and did not feel it would be fair to the property owner to reduce his ability to use his property. Councilman Petterson stated he would support the Planning Commission recommendation. Councilman Jorgensen-stated he, too, would support the Planning Commission recommend- ation. Mayor Schwartz -felt-the zoning should be R -3 as a buffer zone. The consensus was the City Council would support the Planning Commission recommendation to R -2 density.. Motion carried, Councilmen Dunin and Mayor Schwartz voting no. Mayor Schwartz then declared the public hearing open to anyone present regarding recommended zoning by the Planning Commission not previously discussed by the Council. Melanie Billig suggested that the property facing Phillips Street be zoned PO and that the portion of the block facing Mill Street be zoned to residential uses. Terry Sanville.stated that the Planning Commission concurred with this request and would show-this-property as medium density residential. City Council Minutes September 13_, 1977 Page 5 Ray Gallo, attorney for A. Madonna., asked that.the.large acreage at the north end of San Luis Drive be zoned residential density rather than the A/C recommended by the Council. Terry Sanville stated that the recommended zoning conformed to the General Plan although they would agree with R -1 density for the flat area at the stub area of San Luis Drive. On motion of Councilman Gurnee,.seconded.by Councilman Jorgensen, to request , the Planning Commission to restudy the Madonna Property at the end of San Luis Drive with direction to amend the General Plan and zone for the flat developable part of the property to R -1 density with the balance to A /C. Motion carried, all ayes. Leonard Blaser objected to the A/C size zoning on his property at the east boundary of the city. He felt that this A/C designation would inhibit any possible develop- ment of the land and asked that it be put back to R -1 with the "S" designation attached, if they desire, for Planning Commission control.. - Terry Sanville reviewed the recommendation of-the Planning Commission in zoning this property A/C 5 which would not preclude development if the matter of serving the property by utilities, slope, grading, etc. were solved. Councilman Petterson stated he would support the Planning Commission recommendation as did the balance of the City Council. On motion of Mayor Schwartz, seconded by Councilman Jorgensen,..the following ordinance was introduced.: Ordinance No. 718 (1977 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the City (to rezone the property in the Johnson Neighborhood). Introduced and passed to print on the following roll call vote: AYES: Councilmen-Dunin, Jorgensen, Petterson, Gurnee.and Mayor Schwartz NOES: None ABSENT: None 2.. The City Council-then considered the resolutions to be presented at the League of California Cities Conference to be held in-San Francisco, September 25, through 28, 1977 in order to arrive at some consensus for Council vote at the conference. 3. On motion of Councilman Dunin; seconded by Mayor.Schwar.tz, Perry Connor was appointed to.the Human Relations.Commission to:fill the position vacation through 6/30/78. There being no further business to come before the Council, Mayor Schwartz adjourned the meeting at 10:30 p.m: APPROVED: November 15, 1977 itzpatrick, City Clerk