HomeMy WebLinkAbout09/16/19801
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City Council Minutes
September 16, 1980.- 4:00 p.m.
Page 2
1. Jay Schetzer,. representing ..the..Plaza.Anniversary Committee,.presented
a check for.$1,471.59..to.the City of San Luis.Obispo_to be.used.for.a kiosk to
be located.in .the - Mission Plaza.
Mayor Cooper,.on behalf of the City Council,
CONSENT ITEMS
thanked Mr. Schetzer for this contribut
C -1 On.motion of. Councilman Bond,._sec_onded_by. Councilman .. Dunin,:: - claims against
the.city for.the.month_of September.1980 were..approved.and.ordered paid subject to
the approval of the Administrative Officer. Motion carried.
C -2. On motion of-Councilman Bond,_.seconded..by Councilman.Dunin,.minutes of
the following council.meetings were approved.as amended. Motion carried.
August 20,.1980 - 4:00 p.m.
September 2, 1980 4:00 p.m..
C -3 On motion of..Councilmain. Bond ,..;,seconded:.by.Councilman Dunin,,_the.following
resolution was introduced: Resolution No..4254..(1980'Series),,.a: resolution of
the City Council of the City of San .Luis Obispo.increasing travel reimbursements.
Passed and adopted on the following roll-call vote:
AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor Cooper
NOES: None
ABSENT: None
C-4 (a) On motion of. Councilman.. Bond, „seconded by. Councilman Dunin,. the
following:.resolution was.introduced: Resolution No..4255..(1980.Series),.a resolutio
of the Council of "the 'City of San Luis:. Obispo. approving .an. agreement. - between the
city. and Telecommunications Management Corporation. Passed and adopted on the
following roll call vote:_
AYES: Councilmembers Bond, Dunin, Billig,-Munger-and Mayor Cooper
NOES: None
ABSENT:. None
C-4(b) On motion of Councilman.Bond,._seconded.b Councilman.'Dunin ._the.
following resolution was introduced:. Resolution:No....4256 (1980 Series),- a.resolutioi
of the Council of the.City of San Luis.Obispo.increasing the general.fund appropriat.
.for. the 1980/81 Fiscal Year (Planning_and•Research services,.L.A. TV - $2,720.)
Passed and adopted-on-the following roll-.call vote: _
AYES: Councilmembers Bond, Dunin, Billig,-Munger and Mayor Cooper
NOES: None
ABSENT:. None
C -5 On-motion of_ Councilman-Bond ;_,seconded..by.- Councilman Dunin,.:-Mayor Cooper
was appointed as_the_delegate and-Vice-Mayor Dunin as..the.alternate to be the
city's delegates to the League of California Cities Conference to be held in
October 1980. Motion carried.
C -6 Consideration of.a ... resolution.. finding._ and... determining.that.Fire.Captain
Jack Wainscott.is.disabled was continued for more information for the.City Council.
C -7 On motion of Councilman Bond,.seconded..by.Councilman Dunin,ithe:.following
resolution was introduced: REsolution..No..4257 .(1980.Series), a resolution of the
Council of the City of San Luis Obispo approving.an.agreement.between the city
and Engineering Science,.Inc. Passed and-adopted on the following.roll call vote:
AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor Cooper
NOES: None
ABSENT: None
City Council Minutes
September 16, 1980 - 4:00 p.m.
Page 3
C -8 On motion of Councilman Bond, seconded by.Couricilman:Dunin, the following
resolution.was introduced: Resolution No. 4258 (1980 Series), a resolution of the
Council..of the City of San Luis Obispo - .approving an agreement.between..the city and
People's Self Help Housing Corporation,.to.pay PSHHC - $26,400 to make its housing
rehabilitation services available to San Luis Obispo residents from 7/1/80- 6/30/81.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Dunin; Billig, Munger'ind Mayor Cooper
NOES: None
ABSENT: None
C -9 On.motion.of Councilman.Bond,.seconded by.Councilman Dunin, .the following
resolution-was introduced: Resolution No..4259 (1980 Series), a resolution of the
Council -of the City of San Luis Obispo approving an agreement between the city and
San Luis Obispo County Hotline, Inc. to.provide- three..tho.usand six hundred dollars
($3, 600) for.services.provided' from July-1, 1980 -June 30, 1981: Passed and adopted
on the following roll.call: vote:
AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor-Cooper
_ NOES: None _
ABSENT: None
C -10 On motion of Councilman Bond ,. seconded ..by.Councilman. Dunin ,.the
following-resolution was introduced: Resolution No. 4260 (1980 Series) , a resolut
of the Council of the City of San Luis Obispo approving.an.agreement between the
City-and Grandmother's House of-San Luis Obispo. to provide. $500 .for services
.for.the. period of July 1, 1980 through June 30 .,.1981.=-- Passed.and.adopted on the
following roll call vote:
AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor Cooper 1
NOES: None
ABSENT: None
C -11 On motion..of•Councilman.Bond, seconded.by.Councilman.Dunin, the
report.-of. the Traffic Committee for- their.meeting of September 4,. 1980, was
.- ordered received and filed. Motion carried. .
C -12 On motion of Councilman.Bond,_...seconded by Councilman.Dunin, the
following resolution was introduced:. Resolution.No. 4261 (1980 Series ),.a resolutio:
of the.Council..of the City of San.Luis_Obispo appropriating funds for purchase
of.a . portable.truck- mountable trash compactor.: $4,100...Passed and adopted on
the following roll call vote:
AYES: Councilmembers Bond, Dunin, Billig, Munger -and Mayor Cooper
NOES: None
ABSENT: None
BIDS
B -1 City.Clerk reported on the. following .bids..received.:for.the ANDREW STREET
FEEDER - 8 INCH WATERLINE, CITY PLAN NO:_D- 10'as.f6llows: (Engineer's Estimate
$70,523.00)
R..BAKER, INC.. $64,246.00
P.O. Box 419
Arroyo Grande, CA 93420
City Council Minutes
September 16, 1980 - 4:00 p.m.
Page 4 .
FRID_JULIEN & ASSOCIATES. $71,640.98
4725 Santa Fe Road
SLO. 93401
MADONNA- CONSTRUCTION ..,$88,070.00
P.O. Box 910
SLO 93406
On motion of Councilwoman Billig,. seconded.by.Councilman Munger,-the following
' resolution was introduced: Resolution..No. 4262.(1980 Series),_.a resolution
awarding the.contract to R.-BAKER, INC. Passed and adopted on the following
roll call vote:
AYES: Councilmembers Billig, Munger, Bond,.Dunin..and Mayor Cooper
1
1
NOES: None
ABSENT: None
B -2 City.Clerk reported .onthe.following..bids - received for-the-MONTEREY/
GARFIELD WATERLINE, CITY PLAN 'NO. D -53, as follows:. (Engineer's Estimate
$6,406) -
FRED JULIEN.& ASSOC. $.6,020.00
4725 Santa Fe Road
SLO 93401
R. BARER, INC. $ 6,330.00
P.O.: Box 419
..Arroyo Grande,. CA. 93420
CROUCH BROS .. 1 u, $' 6',333.84-
618 Laura Way .
Paso Robles 93446
MADONNA CONSTRUCTION. $13,650.00
P.O. Box 910
SLO. 93406
On motion of Councilwoman Billig,..seconded.by.Councilman Munger, the._following
resolution.was introduced:. Resolution...No...4263.(1980 Series),:a..resolution
awarding the contract to _ FRED JULIEN.& ASSOCIATES. Passed and adopted on the
following roll call vote:
AYES: Councilmembers Billig, Munger, Bond, Dunin -and Mayor Cooper
NOES: . None
ABSENT: None
There being no further business.to "come.before the C ty.Council, Mayor Cooper
adjourned the meeting at 4:40 p.m.,.to 7:30 p.m., Tuesday, September 16, 1980.
COUNCIL APPROVED MINUTES ON: 10/7/80
J Fitz atrick City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER '169 1980 - 7:30..P.M.
COUNCIL CHAMBERS,.CITY HALL, 990 PALM STREET
Pledge
Invocation by Reverend.David Smiley, San Luis Obispo Christian Church
Roll Call
City Council Minutes
September 16,.1980 - 7.:30 p.m.
Page 2
Councilmembers
PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jerry..Munger and Mayor Cooper
ABSENT: None
City Staff
PRESENT: Lee Walton, Administrative Officer; George Thacher, City Attorney;
J.H. Fitzpatrick, City Clerk; .Henry Engen, Community Development
Director; Terry Sanville, Senior Planner;.Roger Neuman, Police Chief;
D.F. Romero, Public Services Director
2. Councilman Dunin reported on behalf..of the-council subcommittee for
appointments to.the Planning Commission, nominating Randall.Bullock..to complete
the term of Commissioner. Breska on the Planning.-Commission..
Councilman Munger seconded the motion for.the.appointment.
Councilwoman Billig stated'she objected.. She did feel that all the applicants for
the Planning Commission vacancy had.been properly interviewed afer applying. She
felt it had been the policy of the City Council to advertise for advisory members
and that those people who.-applied were interviewed and listed for the council's
consideration and that those councilmembers not on the subcommittee received a
background report and copy of.the application.of..the nominees. She also felt that
..she.could not support the.recommendation of the council subcommittee as she had
not received any information on the appointee.
Councilman Bond agreed that all applicants.should have.been.interviewed for the
position and then a recommendation made by the subcommittee.
Councilman Dunin explained how they had reviewed..the.applications and interviewed
.the newer applications.but that the other applications on file had been interviewed
at a prior time.
Councilman Munger felt -that all. applications. had been rev_iewed..and.that the
appointee was the subcommittee's recommendation.
Councilman Dunin stated that due.to. the objection.of two.councilmembers, he.would
withdraw his nomination and continue it to the next council meeting.
Councilman Munger stated he would withdraw his second reluctantly.
Mayor Cooper would continue the matter and the matter of the change in the
membership on the Planning Commission.to. the next council.meeting of. October 7, 1980
3. City Council.held a public hearing on Resolution No. 4229 (1980 Series), a
resolution of intention to abandon a.portion of Marsh Street easterly of California
Boulevard.
D.F. Romero,,Public Services Director, reviewed.for the City Council what was being
proposed by this abandonment.
Mayor.Cooper declared..the public.hearing open... No:one appeared before the City
for or against.the proposed abandonment.. Mayor Cooper declared the public heari
.closed; and on motion of Councilwoman Billig, seconded by Councilman Bond, the
following resolution..was introduced: Resolution No. 4264 (1980 Series), a resolutio
of the Council of the City of San Luis-Obispo finding.and determining.that Marsh
Street,.northeasterly of California Boulevard, was unnecessary for present or
prospective public street purposes and ordering the abandonment of same. Passed
and adopted on the following roll call vote:
AYES: Councilmembers.Billig,..Bond,_Dunin, Munger.and- Mayor..Cooper
NOES: None
ABSENT: None
City Council Minutes
September 16, 1980 - 7:30 p.m.
rage 3
City.Clerk was directed not to record.-the abandonment.until..the final approval
of a final parcel map.
4. City Council.held.a public hearing to .consider a.city initiated rezoning
of a 5 -acre parcel northeast of Flora Street..and adjacent.to easterly city limits fr
A /C -5 to R- 1- S -2.5; City of San Luis Obispo;.applicant.
Henry Engen, Community.Development Director, reviewed the proposal and.recommendatio
of the .Planning Commission stating that-the draft EIR._and proposed R -1 -S zoning,
and after receiving public testimony, the commission recommended that the property
be rezoned R- 1- S =2.5. This zoning would-allow up.to two houses to built-on the
' property if use permits were granted by-the Board of Adjustments.
-Mayor Cooper declared the public hearing-open.
Charles French appeared before the.council..questioning water supply.to the proposed
rezoning recommended by the Planning Commission. He-also questioned the designation
of R- 1- S -2.5., when other similarly situated properties are not so treated. He
urged that the City Council try to find some way to treat all property owners
equitably on.zoning and on development .on. elevations above the utility lines.
Henry Engen again..explained the Planning Commission's reasoning for making this
recommendation to the City Council.
Leonard Blaser, property..owner,.stated . he supported the Planning.Commission's action
in order to make the.land usable to.the.people.of.San.Luis Obispo. .He.reviewed
for the City Council various alternatives.discussed.•in: the EIR for development of
this property, and he said R -1 -S would be satisfactory, although he no longer owned
the property but has sold it to Kenneth-Smee.
Mary Rice, 1138 Carla Court, stated._she..was opposed to development of the
hill above her property due to problems listed in the EIR. -and not.mitigated. She
also urged that the "S" designation not be dropped-from the land. She hoped
the.land would stay A/C in order to keep the beautiful vistas available for the
people living below.
Ken Smee, property owner-and developer, said:-he had.no. plans at this..time to
develop the land and did not request.any change.of land use. He said the EIR
ad the rezoning.were initiated.and.paid for by the City of San Luis Obispo. Further
he does not use city water now, and has not used city water for the past 30 years.
Mrs. Ken Smee., property.owner, supported.the. proposal for two.houses to be developed
on her and husband's newly owned property -- although they had no plans for such
at this time.
Mayor Cooper declared the public hearing.closed.
Councilwoman Billig.stated she would not..suppor.t the R- 1 -S -2.5 zoning. She felt
the zoning should remain A /C- 5.to.protect..agriculture and futher, as it was beyond
the urban reserve line and utility service areas.. -
.Councilman Bond stated he too would support A /C -5,.no change to the.R- 1- S -2.5.
Councilman Munger stated he. could-support . the-Planning Commission.'s.recommendation
to R- 1- S -2.5. in order-to make the land.usable.and available to the people.
Mayor Cooper also.agreed with the EIR and..-supported the R= 1 -S -2.5 which would allow
two homes to be built on this large parcel of.land.
On motion of Councilwoman Billig, seconded by Councilman Munger,..that.__the City
Council find that the EIR prepared for this.project..has - been prepared:in accordance
with. provisions of California Environmental Quality Act and the city's environmental
guidelines and has been found to be adequate: Motion carried on the following
roll call vote:
AYES: Councilmembers Billig, Munger, Bond, Dunin.and -Mayor Cooper
NOES: None
ABSENT: None
1
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City Council Minutes
September 16,.1980 - 7:30 p.m.
Page 4
On motion of Councilman Bond, sec onded _by..Councilwoman.Billig, that.the.City
Council reject the recommendation of.the Planning .- Commission..and.leave.the zoning
to A /C -5. Motion lost.on.the following-roll-call vote:
AYES: . Councilmembers Bond and Billig
NOES: Councilmembers Dunin,.Munger.and Mayor Cooper
AYES: Councilmembers Munger, Dunin and Mayor Cooper.
NOES: Councilmembers Billig:and-Bond
ABSENT: None
5. City Council -held a.public-.hearing..on .... the . appeal of .a- Planning_Commission
decision to deny use permit.No..BA 33 -80.to allow a deep.lot:subdivision at 3300
Johnson. Avenue, R -1 zone; Roger Brown, applicant.
Henry Engen, Community Development Director,_ reported that the Planning - Commission
technically denied -the use.permit request on-a.3-1 vote.. Pursuant to the Commission
bylaws, four affirmative botes are required;to approve the use pursuant. The
applicant was appealing this denial to the City Council.
Mr. Engen continued -that the: conditional .use.permit..request.is.one of three
applications pending on.this- .site. .All. applications- pertained:.to.resubdivision
of the property. The tract map application..and a variance application -are on "hold"
at the Planning Commission until.the use permit- appeal_was..resolved by-the City
Council. The proposed subdivision.is..what is known as a "deep lot ".subdivision.
The city's zoning ordinance ..requires.approveal_of -a conditional use..permit to allow
a deep.lot subdivision.in order to approve the.use permit. Findings must be made
including the following:
"The.lots.to be subdivided cannot.:be..developed by.:the.installation _ of a standard
subdivision street,_either alone or in-conjunction-with adjoining properties."
In the opinion of the Community Developmen.t.Department.and the Public.Services
Department staff,.this finding could not..be. made..- He concluded .that .the . staff recom-
mended that the .appeal. be,.denied. and -t -he commission's action to- deny the use permit
be upheld.. The staff also felt the required.findings could not be made.
Although he. stated that if the council desired..to.uphold_.the.appeal and approve
the use permit, staff recommended the - council have prepare the appropriate
resolution, including the- threee conditions recommended established by the
Planning.Commission.
Mayor Cooper declared the public hearing -open.
Roger-Brown, developer, explained.how he_ proposed.; to_ develop:the_five.lots involved
in this development.. He listed the.background:of_ how -.this -whole program.started
' when the city came to:him asking that he place a sidewalk on the -full frontage
along.Johnson Avenue on the five lots.
He continued that this property was difficult -to develop.-as there were..currently
five parcels under different ownership including _an.existing..residence..on_ the site.
There is an existing storm drain and sewer - easement through,the- property. He
indicated.that they had hoped..to. establish the.storm..drain• within the proposed
common driveway easement of.the -deep lot ordinance and that.the sewer, easement
could go down the same:driveway easement.. He felt the proposal would give the
development a sense of continuity, as well.as.being the most equitable for all
parties concerned. He added that.the five parcels as they presently exist would
mean five possible driveways off of Johnson Avenue which would create a traffic
hazard. The deep lot subdivision would create only two driveways. He felt that
ABSENT: None
'
On motion..of Councilman.Munger,,seconded
by..Councilman.Dunin, the_following
Ordinance was introduced: Ordinance No.
863.(1980 Series),...an.Ordinance of
the -City of San. -Luis Obispo -
amending the
official .. map of the city to rezone
approximately 5 acres north
of Carla.-and
E1.Caserio Courts from A /C -5 to
R- 1 -S -2.5 (Applicant: City
of San Luis Obispo,.CR0795). Introduced and passed
to print on the following roll call vote:
AYES: Councilmembers Munger, Dunin and Mayor Cooper.
NOES: Councilmembers Billig:and-Bond
ABSENT: None
5. City Council -held a.public-.hearing..on .... the . appeal of .a- Planning_Commission
decision to deny use permit.No..BA 33 -80.to allow a deep.lot:subdivision at 3300
Johnson. Avenue, R -1 zone; Roger Brown, applicant.
Henry Engen, Community Development Director,_ reported that the Planning - Commission
technically denied -the use.permit request on-a.3-1 vote.. Pursuant to the Commission
bylaws, four affirmative botes are required;to approve the use pursuant. The
applicant was appealing this denial to the City Council.
Mr. Engen continued -that the: conditional .use.permit..request.is.one of three
applications pending on.this- .site. .All. applications- pertained:.to.resubdivision
of the property. The tract map application..and a variance application -are on "hold"
at the Planning Commission until.the use permit- appeal_was..resolved by-the City
Council. The proposed subdivision.is..what is known as a "deep lot ".subdivision.
The city's zoning ordinance ..requires.approveal_of -a conditional use..permit to allow
a deep.lot subdivision.in order to approve the.use permit. Findings must be made
including the following:
"The.lots.to be subdivided cannot.:be..developed by.:the.installation _ of a standard
subdivision street,_either alone or in-conjunction-with adjoining properties."
In the opinion of the Community Developmen.t.Department.and the Public.Services
Department staff,.this finding could not..be. made..- He concluded .that .the . staff recom-
mended that the .appeal. be,.denied. and -t -he commission's action to- deny the use permit
be upheld.. The staff also felt the required.findings could not be made.
Although he. stated that if the council desired..to.uphold_.the.appeal and approve
the use permit, staff recommended the - council have prepare the appropriate
resolution, including the- threee conditions recommended established by the
Planning.Commission.
Mayor Cooper declared the public hearing -open.
Roger-Brown, developer, explained.how he_ proposed.; to_ develop:the_five.lots involved
in this development.. He listed the.background:of_ how -.this -whole program.started
' when the city came to:him asking that he place a sidewalk on the -full frontage
along.Johnson Avenue on the five lots.
He continued that this property was difficult -to develop.-as there were..currently
five parcels under different ownership including _an.existing..residence..on_ the site.
There is an existing storm drain and sewer - easement through,the- property. He
indicated.that they had hoped..to. establish the.storm..drain• within the proposed
common driveway easement of.the -deep lot ordinance and that.the sewer, easement
could go down the same:driveway easement.. He felt the proposal would give the
development a sense of continuity, as well.as.being the most equitable for all
parties concerned. He added that.the five parcels as they presently exist would
mean five possible driveways off of Johnson Avenue which would create a traffic
hazard. The deep lot subdivision would create only two driveways. He felt that
City Council Minutes
September .16,. 1980 .- ..7:30 p.m.
Page 5
the cul -de- sacs. suggested.. by. staf f ... would_.cause =more:'problems. The cul -de -sacs
would be on the average of..100..to 120 feet deep which.would not be very deep
for a street off -.a This would-also create-very little off - street
parking. Seven off - street parking spaces..were..created.in.the developers' proposal.
He felt that staff proposal I and II.would..create hazards..since they proposed
short.access to.Johnson Avenue. He felt the common driveway as.he proposed gives
a nicer environment witti.less paving, off - street guest parking and more privacy.
He also felt that if the council- could-limit structures to one,storv.
Charles Maule, 3219 Flora Street, questioned the developer.'s.right.to.develop mu
story buildings and hoped the city would require Brown to only,.build one -story
building.
Leonard Lenger, engineer for Roger Brown, state_d..that if.the proposal of Brown was
accepted for the deep lot provisions, it .would eliminate.all.needs for a variance to
develop the land. He felt that the deep lot subdivision proposal was a much better
proposal than the cul-de -sac development by the city staff.
, 3215 Flora Street, was concerned with what was to be built on the
new lots in-order not to cut off his view from Flora Street. He also objected to
bringing high density into this area of Johnson Avenue.
Jack Foster, property owner of two lots,.stated that this-was an R- l.zone and not
high density as the prior speaker-stated. .He'felt.the deep 1ot_progosal.was.better
than Alternates I..& II proposals with cul -de -sac streets. He would support Brown's
proposal for a 10 lot develop. If not, he would sell his.lot separately and let ..
the people develop them as individual properties..
Mayor Cooper declared the public hearing.- closed.
City Council discussed with Henry Engen the.alternatives to development of the land
.as discussed by the.Planning Commission.
Councilman Munger stated he.could.support.the Planning Commission action and fin
He would support the appeal.
Councilman Dunin stated he could support.the.appeal if lots 1, 2.& 3 were developed
into..two lots and only allowed two-.driveways to.Johnson Avenue, and have the ARC
look.to mitigating the-noise, etc., on proposed lots 1, 6, 7. & 11. Property should
be developed so as not to be an eyesore.
Councilwoman Billig stated she.would.recommend the use.permit be denied.. She felt
there had.to_be a better way to develop this property. 'She felt the property owner
could mitigate the drainage problems listed in the statement. She did.not feel that
the deep lot ordinance provisions were the..way.to go on .this Particular development.
She suggested that.possibly a way to develop.this:.particular piece of land, due-to it
sensitivity and size and shape, would be through the Planned-Development (PD) proposz
She felt in this way, the various Problems of drainage, sewer easements, and access,
could be mitigated.
Mayor. Cooper'.:stated.he would 'support..the Planning.. Commission's. action. with the. same
conditions as.submitted.by.the Planning Commission, except he would not require that
all the lots.be subject to ARC approval. He felt that no two story homes should be
built on lots 1 and 2.
On motion of.Mayor Cooper ,..seconded...by.Councilman Bond,:the.following.resolution
was introduced: Resolution No. 4268.(1980 Series), a resolution-of the Council
of the City.-of San LUis'Obispo upholding .an-appeal from a Planning Commission denial
of an application for use permit (BA 33- 80,.330 Johnson.AVenue,.Roger Brown and
Jack Foster, Applicants), subject to the following conditions:
1. Lots 1, 2 and 3 shall be combined.to.form two lots.
2.. Development of lots land 2 shall be limited to not.more than single -story
structures.
3. Subdivider shall install a directory sign at..street.frontage.adjacent to
common driveways showing street addresses- for:interior.lots, to the
approval of the Community Development Director.
Passed and .adopted on the following roll call.vote:
AYES: Mayor Cooper, Councilmembers Bond, Dunin and :Munger
NOES: Councilwoman Billig
City Council.Minutes
September 16, 1980 - 7:30 p.m.
Page 6
ABSENT: None
At.9:05 p.m., Mayor Cooper.declared a..recess. .At.9:25.p.m.., council reconvened
with all councilmembers present. I .
6. City Council._ held _A. public hearing:to...consider a. request.to_modify
condition no. l of approved use permit.to ... allow.a -new 3 -story social services
..office complex.on South Higuera Street.near.Margarita Avenue;.and. secondly,
.a public.hearing to.request.approval.an overall development plan different than
...that approved by the.Planning Commission for C -Nand PF -S zone property on the
west side of South Higuera STreet, north on Prado Road (site of Human Services
�. Center and the -Padre Plaza neighborhood.shopping.center).
Henry Engen; Community Development Director, -stated .that ._the.. applicant. -was .asking
that the council.modify one.condition of..the._approved . use..permit.;The applicant was
asking that the overall development.plan required of.`.the use.permit.approval be
approved that.it is.different than the one.approved by the Planning Commission.
Further, the staff felt that condition..no_..l..of the..approved..use permit..should be amen
as asked.for by the applicant.and recommended by the Planning-Commission.-and also, the
staff.felt the council.should support and accept .the overall development plan approved
by the Planning Commission..
He stated the reason.this matter ..was.before..- the.City Council was.that.the.City
Council in January 1980; upheld an appeal of the Planning Commission.denial and
approved the use permit allowing the new Social Services complex. In. approving
the use permit, -the council established certain conditions and now that these
conditions were asked to.be amended, the council.should be the ones to review those.
Therefore, the Planning Commission recommended the City Council amend Use Permit
U0794, condition no. 1 to.read as follows:
1. Applicant shall - revise the submitted.site plan to the approval .of-the
Community.Development Director to .provide for:.
A. Elimination to the driveway. between '.the.existing.Employment Development
Department office building and the proposed.social services-office building.
B. Redesign of the existing.EDD. entry drive to make it a;major entryway to
the overall Human Services complex.
C. Elimination of access to Higuera Street north.of the present EDD entry.
2.. Planning Commission.also.recommended that the.council approve the overall
development plan for the following reasons:
A. Eliminating the vehicular connection-between buildings B & C.was
partially a..trade -off for .permitting a.common access-driveway..
B. Eliminating . the parking- lot.aisles from-accessing the common access entry
near Higuera would preclude traffic - conflict points.
C. Moving the bus .stop was desirable to serve population east of Higuera.
Southbound passengers can still.get off by Building G.
Mayor Cooper declared the public hearing open.
Bruce.Fraser, MDW representative,.stated he was :available,to..answer any questions
the City Council.might have. He.stated.that.Mr. Engen had presented the facts
and presented the property owners request - fairly.
Mayor Cooper declared the public hearing.closed.
Councilman.Dunin.stated he.was opposed to the. - elimination of .a driveway between the
PF zone properties and.the:CN zone properties... He.felt if a_person was.leaving from
zoned area to another they would have.to go.out.into Higuera Street and.re -enter a
different driveway.which he felt would cause further.traffic conflicts on Higuera St.
' Mr. Fraser stated upon question that the developer wanted.the driveway-
.access
behind Building "C" connecting -the P -F zones and the C -N zones so that delivery
and trash collection could be made at the rear of the building.
Councilwoman Billig stated she could .support:the.modification.of Condition No. 1
and also approve the Planning Commission 's.overall.development plan..
Councilman Bond agreed that he could support the modification of Condition No. 1
and also approve the overall plan.
Councilman.Munger.stated he agreed.with the-modification of..Condition No. 1, but
he could support Alternate B as presented by the developer for the overall plan
of the complex.
City Council Minutes
September 16, 1980 - 7:30 p.m.
Page 7
On motion of Councilman Bond, seconded by Councilman Munger, the following
resolution was introduced: Resolution No. 4269 (1980 Series), a resolution of
the Council of the City of San Luis Obispo amending Use Permit U0794 (U0794 -A
3220 S. Higuera Street, Walter Bros., applicant.) Passed and adopted on the
following roll call vote:
AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
F-
7. City Council held a public hearing to consider an extension for submission of
the final tract map creating a 104 -lot residential subdivision at 850 Los Osos Valley
Road, R -1 and A /C -20 zones; Valleycrest Land Company, subdivider.
Henry Engen, Community Development Director, reviewed the request for extension
of time for Tract 683 stating that the Planning Commission unanimously approved
and recommended the council extend a 12 -month period of time for filing of the
final map of Tract 683, subject to all previousl conditions of the tentative map
approval. The 12 -month time extension would go on to September 5, 1981.
Mayor Cooper declared the public hearing open.
Stan Bell, developer, appeared before the City Council asking the City Council to
support the Planning Commission's recommendation for an extension of time to file
the final map on Tract No. 683. He stated one of the problems they have had has
been to complete financing and they hope to have that settled in the next few months.
Betty Griffin questioned the need for further delays in developing this tract. She
felt that the developer should proceed or it should go back undeveloped land.
Mayor Cooper declared the public hearing closed.
I
On motion of Councilman Dunin, seconded by Councilwoman Billig, the following
resolution was introduced: Resolution No. 4265 (1980 Series), a resolution of
the City Council of the City of San Luis Obispo approving a 12 -month time extension
for Tract No. 683, to September 5, 1981. Passed and adopted on the following
roll call vote:
AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper
NOES: None
ABSENT: None
8. City Council held a public hearing on a Planning Commission recommendation
to approve the tentative map for Minor Subidivision No. 80 -87 to combine two lots
into one lot located at 787 Francis STreet, M Zone; Steve Smith, subdivider.
Henry Engen, Community Development Director, stated that the Planning Commission
unanimously recommended the council approve the tentative parcel map for minor
subdivision No. 80 -87, located at 787 Francis Street, subject to findings listed
in the resolution. He explained that primarily what was being accomplished was
the combining of two small lots into one large lot, basically eliminating the line
between the two lots, to permit building across the lot.
Mayor Cooper declared the public hearing open. No one appeared before the City
Council for or against the proposal. Mayor Cooper declared the public hearing clo
On motion of Councilwoman Billig, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4266 (1980 Series), a resolution of
the City Council of the City of San Luis Obispo granting approval of a tentative
map for Minor Subdivision 80 -87, located at 787 Francis Street. Passed and adopted
on the following roll call vote:
I
1
AYES:
NOES:
City Council Minutes
September 16, 1980 - 7:30 p.m:
Page 8
Councilmembers Billig, Dunin, Bond, Munger -and Mayor Cooper
None.
.. ABSENT.: . None
9. .. City Council - considered a resolution upholding an appeal by Jerry Holland
(agent for Spencer Kulick), for Use Permit No. U0869, to allow a house on a non-
conforming lot located at 557 Hill Street (San Luis Mountain), A/C 20 zone,
continued from September 2, 1980.
Mayor Cooper announced that.. before .discussing..the.resolution. It was his
- •aa s ,
understanding that there had been a change amongst_the City.Council..and that one
of the members who had supported the resolution two weeks ago was now opposed to
it and that before discussing iti.the.-council should decide if it were to be
passed or rejected.
Councilwoman Billig moved that.the..City Council.not adopt the resolution - prepared
for.this meeting and that.the.appeal be denied based on the following findings:
1. That this request.is not compatible with its.surroundings,.is not an
development for this particular site..considering its location -on the side of the
scenic, natural resource of the community above .the.heigth of all the houses in
that neighborhood and:is visually prominent from many areas of the community.
2. Another finding is that -this request-is not consistent with the General Plan
in that the house interruprts the scenic and open space area on. -the side of the
significant natural feature of the community, San Luis Mountain, when the General
Plan says that it should.be left generally in.the natural state.
3. THis request would be detrimental to the health, safety and welfare of the
people residing in this area.
Also included in the motion_is..the intent to direct the City Attorney to draw up
a resolution .which.is-consistent.with this motion and to direct-and authorize the
Mayor to sign the.motion ... resolution.:
Mayor Cooper said the..motion had been -made. Is there a'.second to that motion.
Councilman Bond stated he -would second that motion.
Resolution No. 4267 (1980 Series) ,_.a..resolution of.-the Council of.the.City of
San Luis Obispo denying.an appeal from--a.-Planning-Commission'-denial.-of-.an
application -for a Use Permit (U0869 -557 Hill Street, Spencer Kulick'; applicant).
Passed and adopted on the following roll call vote:
AYES:
Councilmembers Billig,
Bond
and Dunin
NOES:
_ Councilman Munger and-Mayor
Cooper
ABSENT: None
Councilman Bond.then stated.as far.as_ this particular.issue was concerned, that
the Planning Commission and City Council . and staff all seem ..to..have a..different
interpretation and feeling relative to.the General Plan. He-felt that unless
the three seperate. groups -got together and.discussed their feelings regarding the
General Plan, this type of confused .development.would.continue. He suggested
the City Administrative Officer set up a meeting.with_the.Planning Commission to
.discuss the General Plan as it.ekists, what.changes the Planning Commission and
City Council wish to make, and to proceed on.a.more orderly basis.
Councilwoman Billig agreed with Councilman Bond-that the Planning Commission and
council must meet and .establish .a policy-on all.hillside'.developments.and to avoid
these long council.-meetings on a. one: buildin .g- by.-one.building.proposal. She then
submitted several suggestions for digcussion..of..'standards_for development of hillside
properties.
Councilman Dunin.also.reminded.the City .Council.that_it...had..been over.a year, he
thought, since the staff.had..been_directed..to bring..to.the_Planning Commission some
hillside standards for adoption.
City Council Minutes
September 16, 1980 - 7:30 p.m.
Page 9
10. City Council considered adoption.of an.ordinance- establishing a Human
Relations Commission, terms of office, purposes, functions, etc.
Jackie Megow, staff member for the Human Relations Commission, appeared.before the
City Council stating that due.to-pr.ior..commitments,.none of- the.members of the HRC
culd attend this meeting.to discuss this.proposed.ordinance with the council and
they asked here to ask the .City Council to-continue the matter until they had an
.opportunit.y_ to:meet with' 'the council. ._She. stated that-the HRC was. unalternately
opposed to.the proposed.ordinance in reducing membership:. She.felt that now that
the-City Council-had reduced the professional staff; that the members of the
HRC were doing more work.and by having more members, this work could be spread
around.
City.Council agreed and stated they.would have_a meeting sometime in the future
with the Human.Relations Commission.to.review the proposed ordinance.
11. City Council considered the adoption of.an.ordinance.reestablishing and
defining membership duties and responsibilities.of the Mass Transportation
Committee, including composition, term of office, method of appointment and functions.
Mayor Cooper declared the public hearing open. No..one_ appeared before the City
Council for.or against the proposed ordinance. Mayor Cooper declared the public
hearing closed:
On motion of Councilwoman Billig, seconded by Councilman Munger, the following
ordinance was introduced:. Ordinance No....864..(1980 Series), an ordinance of the
City Council of the City.of San Luis Obispo.establishing.a Mass Transportation
Committee,. was introduced and passed to -print on the following roll' -call vote:
AYES: Councilmembers.Billig, Munger, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
12. City Council considered an amendment.to -.the Utility Tax.Ordinance; dealing
with the refunds to low income housing,.increasing..limits..of amount of refunds, etc.
Mayor Cooper declared-the public hearing open.. No one appeared.before.the City
Council for or against the proposed ordinance. Mayor Cooper declared the public
hearing.closed.
On motion-of Mayor Cooper, seconded by...Councilwoman.Billig; the following ordinance
was introduced: Ordinance No. 868 (1980 Series), an ordinance of the City Council
of.the City of San Luis Obispo amending sections of Article VI, Chapter 6, of the
Municipal Code - Refunds /Low Income Households. Introduced and passed to print on
the following roll call vote:
AYES: Mayor Cooper, .Councilmembers.Billig.,..Bond, Dunin and Munger
NOES: . None
ABSENT: None
There being no further business to..come.before...the City.Council,_Mayor Cooper
adjourned the meeting to 7:30 a.m., Friday, September 19, 1980.
COUNCIL APPROVED MINUTES ON:
10/7/80 ,
;0W., itzpatrick, City Clerk