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HomeMy WebLinkAbout0202i ORDINA CE NO. � 202 ',1961 -Series) A14 ORDINANCE AMENDING Uig ZONING ORDINANCE OF THE CITY Of SAN LUIS OBISPO WITH REGARD TO STaDENU HOUSING LND CERTAIN DEFINIT?'ONS BE IT O.RDA.iAiED by the Council of the City of san Luis Obispo as follows: SECTIO111 1. That section 9200.16(1)(g) of the San Luis Obispo Mmicipal code shall bo and is hereby repealed, aERTMI0114 �20 That Section 9200.1(r)., entitled "Family" shall be and is hereby amended to read as fo.Uows: FASO: An indiva&al or two (2) or more persons related by blood, marriage or adopt ion, plus not more than two (2) persons., e=luding sereanta, who are not re- fated by blood,. marriage or adoptions living together as a single housekeeper imi t in a dwelling unit. SEC, TION 43, That Soo ion 920001 aMl.l be and is hereby am ceded by adding therato See-Lion 9200.1(ao)(1)s to read as followaz SECTION R20(l401 ae).�1) w SERVANT t A pemon who is employed full time to do d st is work at the premisea where said person resides, SECiiOId , This ordinance., together with the ayes and noes,, shall he published once in fall., at least three days before its final passaf;ea in the Ts3e - Tribunes a newspaper published and circulated in said City; and the same shall go into effect at the expiration of thirty days after Its fiml, passage, INTRODUCED AND PASSED TO PRINT .this Sth day of r, 1951, by the fa2_1Lakd.r4 roll call vote: AYES: Hiss Hargazet McNeil, Mr. Do Q. Millexp G. W. Shtpwy, Clay P. Davidson NOES: Non ABSENT.- Cotmcil=M R. L. 0MVeea Jr. I zal.IK 1 ayor ATTEST: ,t o 2, FINALLY PASSED this 18th clay of September, 1960, by the following raall call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson WOES: None AgSgpT; None 9f TEST City Glen: �j�.c. /.. l/../ D r t a� k i� NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of San Luis Obispo will hold a Public Hearing on the recommends tion of the Planning Commission to amend the Municipal Code with regard to student housing.. Proposed amendments are re- produced in full and marked Exhibit "A ". Said public Hearing will be held on Tuesday, September 5, 1961, at 8 :00 P. M. in the Council Chambers of. the City Bali, 990 Palm Street, San Luis Obispo, California. By Order of the City Council, J. H. FITZPATRICK City Clerk EXHIBIT "A0' CITY OF SAID LUIS 0BISPO CALIFORNIA August 17, 1961 TO: Honorable Mayor and City Council FWM: J. W. Abraham, Director of Planning & wilding SUBJECT: Reccrpmending !fin ,Amendment Regarding Student Housing Attached herewith is a copy of Resolution No. 317 -61, recommending the City Council adopt an ordinance with regard to student housing. The Planning Commission has held two (2) public hearings on this matter as re- quired by law,, and in addition, has had many informal public discussions on this natter. Over 60 copies of th© proposal and the basis for the proposal, as determined by the Commission, have been sent to those people having use pendts for student housing as mar as back as 1958. This info=�tion Uras a? so sent to any person td.10 appeared at any of the public hearings with -j.n he last year .regagding studenia'.housing and -who commented acid made, themsgl,res known. This information eras a3 co given to several, people wFio cue into the office and asked for the proposal. For your infoxlmation,,attached is a copy of this hand —out i ao,rzation and excerpts from, the Planning Commission meetings with regard to this subject. :.,... R�'SOLUTION NO, 117.61 WMMEiU 14 AMDIMT TO THE MUNICIPAL CODE WITH. REGARD TO STUDE»T HOUSING. WHEREAS, the Planning Coinission of the City -of San Luis Obispo has initiated and considered a proposal to amend the City Municipal Code with regard to student housing; and thereon; %MtA$, said F3.anW., ra. Commission has hold two (2) publia -bearings XMIs THMMRE, BE IT RESOLVED that t0he Planning Comission of the City of San Luis Obispo finds that the public interest and general weUare A equine an amendment to the municipal Code as f allows. Section 1. That Section. 9200.16 (1)(9)..-which allows student housing in any Zone, subject to securing a use permit., be deleted in its entirety. Section 2, That Section 9200.1 (r) be amended to read as foliowsz FAMYz An irdirldut l or two (2) or more persons rotated by blood, marriage oar adoptions plus not more than two .(2) persona, e=luding ssrttats, who are not related by blood, marriage or adoption, 13." together as a single housekeeping unit in a dwelling unit. Section 3. That Section 9200.1 be amended by adding 9200,1 (ae)(11 to read as - rollo"t SE"ANT: A person Who is ®mployed full time to do domestic work at the promises where said person resides, BE IT FURTHER RESOLVM that the P3.annina Con sis,sion recommends that the City Council of the G#Y -of San Luis Obispo, hold the necessary public hearing and approve the proposed amendment as coftai ned herein. Regularly passed and adopted by the Planning Ccumission 'of the City of San Luis Obispoy State of C,slifo�rniaaa on the„o 1,�_ p of Az�e 1961•, by the following roll. eal.l.votes AYES: Comraiesionere Law, Langer,, Blake, Johnson Scbmrbz..and Whelchel, ME5 s Norte ABSF,�iT: Coamo3desioner Cole. ATTEST: . Abraham Dixector of Planning & molding CC" (;ity Councilo Resolutions F31ms Building Dept, RES. N0. I1z:§ L A 10;4, Y ,P 114,12A re- Pro-00sa-1 tc nf� n 'i Tho _*-n une Ordinance, �It V.-is si1c"Col.on was to provide re'Uef fror tht,- z�,'iaj_tct -L'"wUl, 7Y., 1,1 1_nc at the tjVja of ngSSafl,4� Of tlliS a° ; 0 tce. , 'uCed, en,"-CUMn' kr., th�F .3hortage of BLUdent t_oL,0.�,,Pr7 reo tix aqeh the constnuatiol-i Of pleUon of an h �r: ',lfkne, nAl- ad ing, w i��s, This 15 rA to hmArever, it cortairily af_-t as a0c'-Jte p- A The procedure for a UsQ permit' und-e- Ul- e "'P Ii,011-Zeq W,115 fOr V e :'-3it- M, Of a is -,,roposj-! and the holdirip Of 'notice on the rropf-lrtY. where Lheq Aud -a - is hea-rinig ',,,y the City Planni�,ng Qwc: 'Pie -.rn-pose of the Publir, P4 V hearing bW- the Cwad,.Ssion iS to 4,111011 0XV 'b.�M. qu,�!qijcns on this use to appear And be heard" f" .n;--. tr"- lu t� ya.,rgs,, tY,� Gtwnmissir;n ha�:- had m 4, pab.Ue hea-rings on these arplicat-SLODS2 5!. %;­ Q4 h eiarin,g during these onetings 're 1,, Zr a cars (or m.ictorcycles ; malCii tc­, :"4.o� -i° g'i.-lrdsa. 20 The 93.am pi; rW.. of divors -i�arl., 1P. tv4rxiinfs- iF -6.stuxbing. d r *(),je� a.-.d j3tv�bing. 3� The noisa j1hert the studenW 4� There is too mach actin 'UY 1,91 L. c i:,,.:7'1&z d;,,.rk. r LY Aj,, of the IxtrkirE ajce, 4t A*,,,,,e utter a.,r-. t,*,,in and -let isit UIP, my resideme Kave rto plr ce tc, p rk. There is alwVs sQmeone worl�iriv c�n j and vnet,;e diwantled over the s treet tied sidev,; !t ri a. 7� 1 purchased tais ln� nt in jL olAwt., rz:strict,",.' reoid,_-ntisa district,�, VkV s'haruld I be salr,Jectel to nihan .1 S.?: resi- cQuIct �ia'vje lone Ps 8o witlan wa& iW Lrr?a rezoxx-.t•; 9� Harg many atudents are you lroj r,;,P; tc, P.U,0v-! who dc-Ade,,q �Aiat i5 enough for this particular and detide)s 14hat is Amough for tha neighborhood we live in? 10,, What difference does it make W"'-Iltber Or Y%Ot th's h,�use was biAlt after January,, 195,9? 31 You -mean to sev I emai rent to students ? ;ut I aanut rent to men working at, the steam plant? 12. What's the difference betiveen (; studente and a rian and wifs with 4 teenage children? 13. This isn't student housinz, these p��on_jj-, w,.,rk for me after school hourso If the lall d0F,'sslot from '111VArAs its servers to live In, why can't, those atuden,",5. they're W servants, 14,, Why do I have to have apprcval for stud•e-rit hou82-Y17*1' I khow of half a dozen houses occupied for students and thty donit, have a use permit or provide off-street parking either. iii .e: t: : !.t'' ^- *.•. -t;k.. 0... •' .., .. �,js;,.'..i, •i. ., Wit? .. f;:[ei` .:�.'!,,. r•�' t•t. ,.i' .. .. '.'YG` . .� �..: .... ° __ .. .'�yt.._ na f l" i.i ..:5 } A"e., "C.'t :..,.',i �. 1' �'C]'f, t lei: �i. S{��,r^ • ^i. c '� ..t �.,':. 'r:: ��..:' �_ .....r. i•L i1'rt;TY,tt, ti.. f i. 1 yt'' vy(�': vr5 .<}. ,1 ef3`' +1 #a :i6Xin':.. fdC,.1 9 Y }�ti�:'�l.'i o-„' � °_ -: f";, vic -�: _`�. :.t•i; ^i l•�SF!• .,A P:.: :0 •. .:lr a .': °•°' l�sl•:r ,�'�e t:to D WG 6:C?l?. IC�{ +• .ti . 2 tCo'. W ' }: `t uic+.. . too er '9Y S'...fs� A 71 i3 �+ ...":'- +'�T�::� r.yy .,.. i {!�. +'' = :tom... "?°1ls° �- ifaS is ; t •' ;t: '•;? k� . ?�. .. a". 'e�;;'S '!;} 3n" ^.'? �c t ..,..'7P �•o�.r� °,,�y.i9i�1_�.- 4C %'!7':1t.1.1.c�..e2 >'t Y1 •: L: - �."..j,;.Y i� "" J; :�.�' r. ..rig "'t 1 7 '; � a'. t♦i. Y� 'i.�� t. ��J•� 17^ ijr„ end t. OP�15&.r i ' li: f.i • G •_f ;_ . r.^ ° '''h C• .F •1 ^ r,�+ o cr .:' ° t. A ! ° �''. td •'sri , a.! i. �. ��. P9 , M �''� C i '��,�.�. ��^• o '=:e 1.1AS C- ",i.�n «$.rr���.�i ^.r 'a,S; ec r.ZA�'�c.�..'e; ..'3" y.�',�. _ t � oq a TI,Y.�;y� ;� C,• i i�s. i• §:'^.. a's {` lit�S'`_ r.. .{.''h4 .`� .:- lam•., s�M ;'.:i° ➢.�.��•; �'''sY '3�1�t2M� �.Fi �. "!•'.+.$�:�, ;a + -r, _t3 `;.'!ot,'_ ... 'Si'�Y" �'$'.;';`?,_ i•;'°„- .iL��.�tdi1'1�o ;9��i� �1.��� t� i'5��4 +�rti'- •= r-?.? ��:� �� =�u ?:,a ;�, $,�,���; �� �.�a� �:�.��x���� i�a S di eo`d st:hra r Y.i !yik?5. V ..9559 pr'o- a'�E._1t{? Use?' 1» '�• tFt��'IiFn'sio� ba •t `.riiP.p9dq s)e$;Wbii`ii (r), 4 >N,- rF—lle ♦;T.t?nt:°, _ ^'! 1Tk.ErY isa'•%a..r`- 47i'r9c'rJ °o ° i.il.�d..r�r ��. °_a j.la:���'" fi!.ilc♦•j i�Y ao�i.e y I't,(,. ;a �' � �°ti~•Z r'�•sntt "g�. i,.r'`J�y P,•R"$c'�i.3�',r? '�.+i' :�.C�!7+,?Y,�...�dg a3 +.i:� r3'it ?'if`Dd'( �3�.d."i �51•:"'ea ��� /',�7f"�Cuk�kX�g �:7'��.idrd�.C!t vyervalrlta, who are Alot rclel ,-o by tAr. of lF e°r n 1j. i"ne toe etcher as a "AT.dt 'l'.. t;.ral;!J,tfJ uali� � 11 o C, A new Section is to Lei aad.ed, 31, R11 .1,ITSs "A p,rsean Wire 1. ,� enolry ri IC'.+ ! tr. do dowsNU-c work t the premises wh*rf- saia rra i :'Selodd 1G Allow arq fandiLly in ar; : rv) A-2 tr, houtie an M1 -1tgW.a of two .(2) r:r -nse, 2. sallow one p-arst)T) to ren . a ��awsew , -,id :�iw�li.11 As g RiTdly by himself -si%f- , %2). 4 ?,A1eJLti,- jin1 Praone living wi ith hi3no The proposed OrcUrtanaz dogs riots 1. Reef to stzde';its .9p;l3citically. vrdiname applies to aa7 P- :rsoan, the d. shirr to b bta7.;" ai, any gr icu�.ar period of Ox-ra, either before. px :t qtr 14 19550 Tha above proposes to provide a 11 reLt an nizvvzx of vei,iel es as well as to control the noise :rev. -,l and to protect thy: ��sacde dent character of the nwighborhoaA. Students c.� 'b�- Considered servants when their priz-a °y occupation is that of �. The ivra l-b.iLl ,f y of student housing, should be Jx,1Qrw.ased due du Vae rt.ct that ti. -c-re have been 973 single family dwells ngs Vii.lt since 1955 1,nd 5:: duplts 'buildings and 786 multiple buildings built since that dot. Ev,cpr t from minutes of Planning Commission meets. of j 1S 1 630 7� Fix-eG public hearing for consideration to amend the Municipal Code with regard to student Yousing. Mr. Cornelius O'Connell appeared, stating that he just wanted to know what the Commission was proposing to do and how it would affect his student housing. The Planning Director briefly d ascribed the action the Planning Conission was considering and how it mould affect him. It was noted that there were no written protests. The Chairman asked if anyone in the audience wished to comonent on the proposed amendment; there being none, the first public hearing was closed.. Excerpt from Cam' PLANilliG COMSSION liMIM - August 1, 1961 Second lie hearing for consideration to emend the X=icipal Code with d. to s' ea oaains. The second public hearing an this proposed amendment was opened by the Chaim. The Plarmi Ug Director read the letter that was sent out from the P- lanninng Department regarding the proposed � to the Zoning Ordinance for student housing. Dean Everrett Chandler appe$ted an behalf of California State Polyteebuic College, stating that though the College has'buai.lt.six new resicb mee.halls which accommodate 1200 students, the college enrollutt Increase since construction had already sMassed the number of net additional new resi- dence space on cstepw. . With applications already received the college expect& over 3000 students to be living offs -ramps iii end around S.= Luis Obispo. This would be equal to the whole college enrollment in 1955, oualy six (6) years -ago. At present theme is no Positive indiestion what- soever that the State plans to bltUd additional residence halls at Cal- poly. Even if the State done build thy, It was pointed out that planning and const=ctiLon ti..me :voWA take three or fouar years. By that tin the enrollm ut potential would have surpased my additional residence spaces currently considered as even possible to obtain. So you can see that Cal Poly and the City have a joint problem in student housing. Be went on to state that another factor affecting this problem had been a elm nge in the multal statistics of the QaI Poly student body. Just f6l1cuiug the Korean War and up to three years ago, one out of three Cal -Poly students were married. There were .nearly 300 spaces on Cis for married students. vow only one in six is married and there are only 45 spaces on opus for married students* This mess$ that the single student population is increased much more than would be Indicated in the plain enrollment statistics. It will be the single students who will need the extra rocmts. It is this student who.will be affected by any drastic limitation an the part of the commmity to house him. He further stated that over the years there are people who, living in R -1 areas have housed Cal Poly. students and has done a good job both from the standpoint of the college.and the City. In some cases, these people have been granted pemits to modify their property to make it .more feasible to house students. It is the College's belief that theve.persons should be granted some sort of relief and be allowed to continue to' house students. De suggested that this be done through soaue type of an individual variance process rather than by the use permit procedure. Dean Chandler stated that he felt that these people should be.allowed to continue student housing and that the change should not be retroactive to them. The Commission discussed in detail, the Inspection of student'hoosing facilities by the college and the city. The Planning Director stated that the Build.-Lag Department would be very happy to offer their services as inspectore.of.auy off - campus facilities for.6tudent h�lang, which Deal. Chandler accepted, stating that the college would be williag to cooperate with the City, The Plying Director stated tint the inspection of all facilities for students might pose some problems, hwever, the City rancid meet the problems as they arosea On motion of CommirssLoner Schwartz, seconded by Commissioner Law and by the un- animous approval of the Planning Com ision, it was decided to continue the second public hearing of this proposed mnendment to the next regular ,meeting. .Excerpt from minutes of gUMMG COMMSSION METING - August 15, 1961 onU: niact:.lcn of second oablic hearing for consideration to am d the Vlu i-ipal Code with' to student; housing. Cr Lssiioner Blake Braked if people had bedtt notified of the public hearings with regard to tWc pubUc hWidr gsa The Plavaing Director stated that approxiMtely 60 imotiaes had been soak out Co people bolding use permits for student hausing frorl 195;1 on and all people who bad' appeared and made thmselves kaowa at all public hearings regarding student housing during 190461. lie the4 Tt•itearsted the aetsloa taken at the last: meet #g, epoe" of Dees Cl ler's views as presented to the C=missiau at that ttm, and re�afadI g tba CommLoslon that had decided to continue the ssccead publia hearin g to this tine so tEsat the plaming Director MLShL' hire au opportuv4t�y to apt& to the City Attorney regarding the continuity of use pet rafts. that had ' not become imvalld due to e$piratcion of 'a tIM6 limit pinned on tho use perwito as wont: on to say the the City Att.orraoy had detetemined that if the use perm# bad not e2i.red due to the expiration of time or any other . reason, thaat tbe, permittee could coutinue :to have student housig for the ter desiptat•.ed. ou Lie use peri -AiLA. no wipktter axe iiaat zone true iiausing was located. The Planning Directoar stated that he had started,cmViling a list of student housing and the conditions placed on Zbe use pezidt s, howavero he had been unable to coaplete.tbe list,, so could not say vhat-eer or, nvt: anyone in particular old -be affected by the proposed 'emendneot as each use .perwit' would have to be eaasicteked � a�arately and Late ofjffdAl minutes would have to be recd an each one of the enli caLious b _-fare ; determination might be ea4ea Commissioner Sebwart a su estQd adding to the text of the resolution, another clause or sections which gets M estention of the use permits for the school year of 1960 -61 to bd t1ad ftatt to the masiwim m=bez of students, extending not only the time but the other conditions as well9 making emh a = tension valid for one year. Co isaioner Lenger pointed out that that Commission had received a fiber of omplaints; that one of the reeaoos for- proposing the awadment,_ vat to be rid of the use perWLL procedure; and that the proposal veould cUssisfy students and/or working people in the two category as far as housing within the City is coneersed, Co=issioner Whalrhe8 stated Oat he did not feel be should &Move the amendment email all facts had been presented to t1w Commission regarding the eout>inui ng of use permitS previously issued and the affect~ on these after the amendment had been appraved, it was moved by Comisslmroeer Witelchel, seconded by Camissimer Low to oonti a the second public hearing until Aupat 22s 1961,, at Wht;h Lim the Commission could again consider the taattrer of the continuation of non- coafomiGreg uses and at which time the Plaaaing Director would prepare a cordate breakdown of the stasus of pravim aly issued students housing use pttamitse The vote an this eapti vas as MUMS: . AYES: CvmLsrsioners Law, Schwartz and Hbelebel . NOES. Comissionern Blake, Longer and. Jobnaam ABS Ccmmtseloner Cole Sl=o the motion dial not carry, due to the eplit vote, it was mooted by Co=assloner Leager, aeconded by Camdasionar Blake to apprave the proposed amendment and recommend the City Co=il also do so. The vets oat Ws motion ewes as Zollows: AYES: Commissiouirs Blake, LgUW and Johnson NOE, S: Commissi are Lew, Sch =stun Wd W403 hel ABU M. Ccsemisgionew Cole Rec=se this matjou also failed to ena., it was =;ved, seconded and cesried by u Unsaimaus vote of the Commissricaers preamt, to QMtIMM this item to the end € :e the gg=da, at etch time the a aff w=ld eaazvb the records and provide the Coramiselen with the data necessary to maM a detemf iono .ab At -a 1►1 1i1-C ��RS At this time the Fl vaUS Director submitted a, list of people having u.se pea:m t; for student housinS, stating that up until 1960t, no time limits had been plated on the use permits and that oalg ow person would be affected by the proposed ass�c�ag. . On motion of Ccrmmcsaioner slake:, suonded by Cormnissioner Lenger, Reso3 ut;Loz-, Too 3l.Yo6 1 was adopted by the follow roll call ante. AYES: Commi.esio=8 ice, Leugexl> Blahe, iolmw% SchUartz and Whel.ael MOT: ' Commissioner Cale ` Ureby recommending the City Cmt atil approve ag amendmeni to'the Minicipal Code rAth regard.to student housing by del et1bg Section 9200.16 ( l) {S) ,o! the MunicIpal Code in Its entxrey which previously allowed student hous ing is any zone, subject to securing .h . use permit,., by amendan8 Section 9200.1 (r) to read as follows; yAMLye Any indivicdl-al or tom (2) or more persons, rcl:ated .by blood,, marriage or adoptlo4 plus not move than two (2) peascz�xsn evcl;zc? n servants, who age not related by blood, mar?tage or adoption, li ,Ifig togai;e.cr as a single housekeeping L±egt sa a dwelling unit, s d by . amending S ct., orx 9200.3 by -adding 9200,1 (ae; (l,) to read as follows i ' SUVANTo A c! non who is employed full tame 0 do, dowstie work at the presLses where sail: F arso:t res�,desa r