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Home My WebLink About08/15/1977M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, AUGUST 15, 1977 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL Roll Call Councilmen Present: Councilmen Dunin, Gurnee, Jorgensen and Petterson ' Councilmen Absent: Mayor Schwartz City Staff Present: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative :-Officer;. Terry Sanville, Planning Associate; Dan Smith, Senior Planner 1. The City Council considered an urgency ordinance to amend Section 8800.11 of the Municipal Code which would modify the insurance requirements to a "Combined Single Limit" policy of.$300,000 bodily injury liability and $100,000 property damage for house moving rather than the $500,000/$1,000,000 presently required by ordinance. The reason for the urgency ordinance was that insurance agents had indicated that they could not provide insurance policies.to meet the present ordinance requirement and that the houses that had been sold on Santa Rosa Street could not be moved without proof of insurance coverage. Without such proof, the buyers would lose their houses. R.D. Miller, administrative officer, recommended adoption of the urgency ordinance. On motion of Councilman Gurnee, seconded by Councilman Jorgensen, the following urgency ordinance was introduced and finally passed: Ordinance No. 713 (1977 Series), an urgency ordinance of the City of San Luis Obispo amending Municipal Code Article VIII, Chapter 8, regarding insurance requirements for house moving. Introduced and finally passed on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Petterson and Dunin NOES: None ABSENT: Mayor Schwartz 2. The City Council discussed with the planning staff recommendations of the Planning Commission to amend the Zoning Regulations Ordinance dealing with: A) Use permits; and B) Nonconforming lots. A) Use Permits Terry Sanville, planning associate, reported that in July the Planning Commission talked about delegating the review of certain use permits to the Board of Adjustments. The adopted zoning charts require use permits for a total of 124 activities.. The commission wanted the board to be responsible for reviewing 46 types of projects. They felt that these projects involved technical planning problems which could be better solved by the Board of Adjustments. Delegation of these use permit appli- cations would also free up more of the commission's time to talk about other more important planning projects. In addition, the Planning Commission also had recommended that some changes be made to Section 9200.17.1 of the zoning ordinance which talked about use permits. These changes would'. 1) Define the purpose and intent of a use permit; 2) Establish a list of conditions which could be required by the Planning 1. Commission or Board of Adjustments; 3) Set up general criteria for the Planning Commission's evaluation of "special consideration" use permits (red "S" overlay district). Staff prepared amendments in answer to some of the questions raised by the Council and the public at recent zoning hearings. Mr. Art Shaw and others felt that a complete lack of use permit criteria within the city's zoning City Council Minutes August 15, 1977 Page 2 regulations would allow uncontrolled discretion by the Planning Commission and Board of Adjustments. The proposed changes were designed to keep flex- ibility in the city's use permit process while telling the applicant what issues he could expect to be discussed by either the commission of board. He then submitted the Planning Commission's recommendation on use permits: purposes, findings, conditions for approval, use permits in "S" zones, cri- teria and Planning Commission and Board of Adjustment actions: 1) Purpose and Intent It is intended that use permits allow flexibility in providing for, reg- ulating or preventing various uses, so that these uses will be compatible with existing or desired conditions in the neighborhood. Use permit approval is required for certain uses so that their detrimental effects can be mitigated and potential conflicts in land use can be avoided. This ig necessary because of the wide variety of uses that are allowed within zone districts and which exist throughout the community. 2) Findings In order to grant a use permit, the Planning Commission or Board of Adjustments shall find that the proposed use will not be detrimental to the health, safety, or welfare of persons working or living in the vicinity. 3) Conditions of Approval Conditions imposed by the Planning Commission or Board of Adjustments may include but not be limited to: 1) modify or limit land use activities 2) special yards or open spaces 3) fences, walls or landscape screens 4) provision of parking and arrangement of parking areas and traffic circulation 5) regulation of points of vehicular and pedestrian access 6) maintenance requirements and infrastructure improvements 7) regulation of noise and noise related impacts 8) time period, duration, or hours of the day in which an activity may be conducted 9) dedication of streets, street improvements, or access rights 10) arrangement of activities and improvements on the-site 11) special hazard reduction measures, such as slope planting 4) Use Permits in the Special Considerations, "S ", Zone District Within the "S" zone the Planning Commission shall determine whether pro- posed activities and facilities can be established and maintained without (1) jeopardy to persons or property within or adjacent to the proposed use or (2) damage to the resources of the site and its surroundings, considering the characteristics of each particular proposal and site. 5) Criteria In deciding whether a proposed use is acceptable at a certain location, the Planning Commission and Board of Adjustments shall consider criteria including, but not limited to, those found in the following: 1) General Plan elements, such as land use, noise, seismic safety, public safety and conservation 2) Specific plans and studies 3) Standards and recommendations of agencies that comment on environmental documents for the proposal. 6) Actions The Planning Commission or Board of Adjustments may deny the proposal or designate such conditions in connection with the use permit as it deems necessary to secure the purposes of the chapter. 1 1 City Council Minutes August 15, 1977 Page 3 The City Council discussed in detail the recommended use permit procedures being presented by the city staff._ After.discussion the proposal was tentatively approved. After the.Council made several changes to the list.of use permit responsibilities from the Board of Adjustments to the Planning Commission, such as: A/C Zone - Radio /TV antenna, towers and transmitters R4 Zone - Rest Homes and convalescent hospitals . CH Zone - Radio /TV antenna, twoers and transmitters Also in all zones, reference to trailer parks be changed to mobile home parks. The Council also added to Item 3 - Conditions of approval, Item 12: 12) Other conditions which Planning Commission or Board of Adjustments determines are necessary to address unique site characteristics. B. Nonconforming Lots Terry Sanville, planning associate, presented the Planning Commission's recommendations to the zoning_ ordinance dealing with nonconforming lots. He also submitted an inventory of lots that would be nonconforming if the amendment were adopted. He continued that there were approximately 257 nonconforming lots in the city and if the recommended amendments were adopted, 17% or 43 lots could not be built on unless combined with adja- cent property. He then reviewed the proposed amendment with the.City Council. NONCONFORMING LOTS 1. A lot zoned residential having less area, width and /or depth than required ' by the city zoning and subdivision regulations may not be developed indi- vidually if said lot has been held in common ownership at any time since the adoption of this ordinance amendment with contiguous property which, including said lot, has the potential for resubdivision into 4 or more standard lots. All such lots and such property in contiguous ownership shall be considered developable only upon its resubdivision pursuant to city subdivision regulations. 2. A lot zoned residential not having the potential for resubdivision with commonly owned contiguous property described in #1 above and having less area, width and /or depth than required by the zoning and subdivision regu- lations may be developed under the.following circumstances: A. Lots with at least 45 feet of frontage, 75 feet of depth and 4,500 square feet of land area and recorded before January 17, 1955 may be developed regardless of ownership according to the following schedule provided that all applicable development standards (lot coverage, set- backs and other standards) are complied with: 1) R -1 and R -2 lots may be developed with a single- faaily house only; 2) All other residential zoned lots may be developed according to the density (minimum land area per unit) prescribed in the respective zones; B. Lots with at least 30 feet of frontage, 50 feet of depth and 3,000 square ' feet of land area and recorded before January 17, 1955 may be developed, regardless of ownership, subject to the issuance of a conditional use permit by the Planning Commission. Said use permit may be issued for construction of a single - family house only in the R -1 and.R -2 zone and a duplex in the R -3, R -4 and R -H zones. Further, such development shall comply with all applicable development standards (lot coverage, setbacks and other standards) of the zone wherein it is located; ...C. Lots with less than 30 feet of frontage, 50 feet of depth and 3,000 square feet of land area may be developed only in conjuction with adjoining lots, or used separately for agricultural use (garden) not involving structures; City Council Minutes August 15, 1977 Page 4 3. A lot zoned other than residential and having less area, width and /or depth than required by the zoning and subdivision regulations may be developed sub - ject to the issuance of a use permit. After thorough discussion with staff, the City Council tentatively approved the recommended conditions for nonconforming lots with the following changes: A. Paragraph 1, amend Line 6 to read "division into (2) or more standard lots ". B. Paragraph 2 -B, amend Line 4 and 5 by dropping "conditional" and make provisions for A.R.C. considerations for all development in this section. The planning staff was requested to review the Council's amendment with the Planning Commission and if concurred in to bring it back to council for adoption. 3. There being no further business, Vice -Mayor Petterson adjourned the meeting at 1:40 p.m. APPROVED: September 6, 1977 Fitzpatrick, City Clerk 1 _J 1