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HomeMy WebLinkAbout11/22/1977City Council Minutes November 21, 1977 Page 3 B. PROGRAMS: What methods should be used to meet the growth objectives? 1) Should growth be limited by controlling the land area devoted to various uses? 2) Should growth be limited by controlling the intensity of uses that can take place in a given area of land? 3) Should employment be regulated by more direct means than _land use controls in order to reduce pressures of in- migration? 4) Should utility connections be rationed, either to certain types of uses or over -time? 5) Should development entitlements (building permits) be rationed? 6) If so, what should determine allocation of building potential to developers (first come /first served; ratings based on-pre-established criteria; lottery)? C. IMPLEMENTATION: How should the objectives and programs for growth manage - ment be instituted? 1) Should the Council adopt a growth management program by ordinance? 2) Should a growth management program be adopted by popular vote (a referendum)? The City Council first discussed the purpose of this portion of the meeting dealing with growth management to consider: A) growth Management Policy for the City? B) Was the meeting to be for Council discussion only? C) Was it to decide on preparation of an indepth study by city staff on growth management strategies? D) Was the meeting to prepare a ballot wording for advisory election in June, 1978? E) -Was there some other purpose scheduled for this subject? Councilman Jorgensen left the meeting at 1:50 P.M. The City Council.continued their discussion of ways and means to arrive�at a Growth Management Plan on strategy for future development of the City. On motion of Councilman Settle, seconded by Councilman Dunin, that the City Council reconsider its idea of a Growth +Managment Plan in the next-fiscal year and request the planning staff to first complete all incompleted General Plan Elements, complete the downtown parking and circulation plan, and work with county government and cooperate with development of their facilities. Motion also directed no advisory election at this time. Motion carried, Mayor Schwartz voting'no,'Councilman Jorgensen absent. 4. "There being no further business to come before the Council, Mayor Schwartz adjourned the meeting at 2:05 p.m. to 7:30 p.m., Tuesday, November 22, 1977. APPROVED: January 3, 1978 J�--T. Fi - trick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 22, 1977 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Roll Call . Councilmen PRESENT: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Htnry Engen,.Director of Community Development; Terry Sanville, Planning Associate City Council Minutes November 22, 1977 Page 2 1. The City Council held a public hearing on the recommendation of the Planning Commission to rezone properties in the North Central Area.of the city in order to have the rezoning conform to the recently adopted General Plan of the city and to receive proposals for future changes to the city's General Plan. Terry Sanville reviewed for the City Council the recommendations of the Planning Commission to rezone land in conformance with the General Plan to rezone land in conformance with the General Plan in the north central area of the city. He then ' reviewed problem areas where Planning Commission recommendations differed from the General Plan, Land Use designations. Mayor Schwartz explained that the City Council would go through each of the problem areas as presented by staff, accept testimony on each of the problem areas, make a consensus decision and after the problem areas had been covered, return to over- all questions or problems presented by the property owners and citizens of the area. AREA 1 - SANTA ROSA; PEPPER,-PALM AND WALNUT RESIDENTIAL AREA Terry Sanville reviewed the land use designations as shown on the General Plan, the existing land uses and existing zoning on the property and.he then presented the recommendation of the Planning Commission which had properties fronting .Santa Rosa Street be zoned PO., the Fremont Plaza and Sesloc Officeaareas PO and the remainder of the Fremont Block R -4. Properties fronting on Johnson Avenue northeast of Phillips, zoned R -3, the entire block bonded by.Mill, Pepper, Phillip and Johnson, R -3, the recreation center, PF, the property fronting on Palm Street between Toro and Pepper excluding 1201 and 1235 Palm, R -3. "The half block on either side of Palm Street between Santa Rosa and Pepper, 1201 and 1235 Palm Street and 960, 968 and 970 Pepper Street,.zoned P0, all the rest of the area to be zoned R -2. He stated that the planning staff disagreed with the recommendation of the Planning Commission and made the following recommendation: that the block bounded by Johnson, Phillips, Pepper and Mill Streets should be zoned R -2 instead of R -3, the block bounded by the 101 freeway, Toro and Walnut Streets should be zoned R =2, on the basis that the majority of all the.lots in ' the area were developed with older single family houses in south condition. The R -2 zoning would allow some additional development on existing lots but would help stabilize the architectural character of the area. Also, the General Plan designated the area as medium density residential consistent with R -2 zoning. He also stated that homes fronting Mill Street between Johnson and Pepper Streets along with existing street landscaping form a unique residential area. In the area bounded by 101, Toro and Walnut Streets all the lots in this block have vehi- cle access.from either Toro or Walnut Streets. The section of the street acts as an offramp for northbound freeway traffic. Traffic speed and volume in these streets were significant. Traffic generated from a high density apartment develop- ment block would complicate the operation of the streets. There might be sYight distance problems for traffic entering Toro Street from this block. Finally, freeway noise, which exceeded residential standards, affected this entire block. He felt it was questionable whether high density residential development was advisable this close to the freeway. Lower density zoning would reduce the number of people affected by the freeway noise. Mayor Schwartz declared the public hearing open. Earl Mesler, Mill and Johnson Avenue, objected to the proposed down zoning of his property to R -2 by the city staff. He urged the City Council to keep the existing R -3 zoning so that the property owners would realize the land's best potential. He would support the Planning Commission's recommendation to leave the land zoned R -3. E.W. Loren, 1355 Mill Street, urged the Council to leave the land zoned at R -3 so the property owners could realize the land's best potential. William Brown, 1330 Mill Street, urged the City Council to leave his property zoned R -4 as presently zoned and not to R -2 as recommended by the Planning Staff. Margaret Brown, 1330 Mill Street, urged the Council to support the Planning Commission's recommendation and reject the Planning Staff's approach. City Council Minutes November 22, 1977 Page 3 Joyce Chaffin, supported the.Planning.Commission's R -3 zoning and stated her objection of the staff's recommendation. Mayor Schwartz declared.the public hearing closed on Area No. 1. Councilman Petterson stated that in light,of the reduced densities in the zoning regulations, he would support the Planning Commission's recommendation to R -3. Councilman Jorgensen stated that he would support the staff's position to R -2 in order to preserve the existing fine neighborhoods in this general -area of the city. Mayor Schwartz stated he would support the Planning.Commission's recommendations to zone the land R -3. On motion of Councilman Petterson, seconded by Councilman Settle, that the.City Council accept the Planning Commission's recommendation for zoning in Area No. 1. Motion carried,- Councilman Jorgensen voting no. Mayor Schwartz stated.that the City Council, by that motion, recognized that the City's General Plan would have to be amended to conform the zoning to the General Plan. AREA NO, 2 - SOUTH END OF ELLEN WAY 1 Terry Sanville stated that-the General Plan showed this land as- .:medium density residential. Consistent zoning would.be.R -2 which allowed up to 12 units per acre. The existing zoning on'the property was zoned R -1 (low density residential). All the existing land uses were developed with detached single family - homes. The Planning Commission recommended that the City Council reaffirm the prior action that the south end of Ellen Way be zoned R -1. He stated that the city planning staff supported the Planning Commission's recommendation and that the R -1 zoning fronting the southern part of Ellen Way be left as it was as the area was totally developed with single family homes, existing homes were in:sound, condition with little need for replacment in the near future and that higher density zoning might change the character of the existing neighborhood which would.not, provide substan- tal number of new housing opportunities convenient to either downtown or Cal Poly University. Mayor Schwartz declared the public hearing open.. Dorothy Parrot, Ellen Way, stated she,supported the recommendation of the Planning Commission to leave.the property to R -1 zoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council support.the Planning Commission's recommendation to rezone the property to R -1 -and recognize -that the General Plan must be amended for-this consideration. Motion carried, all ayes.. .AREA NO. 3 - NORTHERN HALF OF THE BLOCK WALNUT, OSOS AND PEACH STREET ..The General Plan land use element designated the northern half of the block as "professional Office" consistent zoning being P0. The existing zoning of the entire block was.currently zoned R -3 and the existing.land uses within this portion of the block were five detached single family homes, 1 duplex, 1 triplex and 1 fourplex. The Planning Commission recommended that.the area of this block remain . in R -3 zoning. Councilman Settle= explained the various zonings in the new Zoning Regulations which lowered the densities for the various classifications which were much lower than would be authorized in prior land classifications and therefore, he would support the Planning Commission's recommendation that the land stay R -3. Councilman Dunin stated he, too, would support the Planning Commission's recommendation. Councilman Petterson stated that in light,of the reduced densities in the zoning regulations, he would support the Planning Commission's recommendation to R -3. Councilman Jorgensen stated that he would support the staff's position to R -2 in order to preserve the existing fine neighborhoods in this general -area of the city. Mayor Schwartz stated he would support the Planning.Commission's recommendations to zone the land R -3. On motion of Councilman Petterson, seconded by Councilman Settle, that the.City Council accept the Planning Commission's recommendation for zoning in Area No. 1. Motion carried,- Councilman Jorgensen voting no. Mayor Schwartz stated.that the City Council, by that motion, recognized that the City's General Plan would have to be amended to conform the zoning to the General Plan. AREA NO, 2 - SOUTH END OF ELLEN WAY 1 Terry Sanville stated that-the General Plan showed this land as- .:medium density residential. Consistent zoning would.be.R -2 which allowed up to 12 units per acre. The existing zoning on'the property was zoned R -1 (low density residential). All the existing land uses were developed with detached single family - homes. The Planning Commission recommended that the City Council reaffirm the prior action that the south end of Ellen Way be zoned R -1. He stated that the city planning staff supported the Planning Commission's recommendation and that the R -1 zoning fronting the southern part of Ellen Way be left as it was as the area was totally developed with single family homes, existing homes were in:sound, condition with little need for replacment in the near future and that higher density zoning might change the character of the existing neighborhood which would.not, provide substan- tal number of new housing opportunities convenient to either downtown or Cal Poly University. Mayor Schwartz declared the public hearing open.. Dorothy Parrot, Ellen Way, stated she,supported the recommendation of the Planning Commission to leave.the property to R -1 zoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council support.the Planning Commission's recommendation to rezone the property to R -1 -and recognize -that the General Plan must be amended for-this consideration. Motion carried, all ayes.. .AREA NO. 3 - NORTHERN HALF OF THE BLOCK WALNUT, OSOS AND PEACH STREET ..The General Plan land use element designated the northern half of the block as "professional Office" consistent zoning being P0. The existing zoning of the entire block was.currently zoned R -3 and the existing.land uses within this portion of the block were five detached single family homes, 1 duplex, 1 triplex and 1 fourplex. The Planning Commission recommended that.the area of this block remain . in R -3 zoning. 104 City Council Minutes November 22, 1977 Page 4 Terry Sanville stated that.the City Council should support the Planning Commission's recommendation and retain the R -3 zoning on this half block.. Recognizing that the City Council would initiate an amendment to the General Plan Land Use Element to designate this area as medium high density residential. The reasons for this recommendation was that the half block was not totally developed with residential uses which were in sound condition. Three of the existing properties.were already developed with R -3 density housing.. The half block.was adjacent to a five block area with the Planning Commission's recommended R -4, high- density zoning. Retain- ing the R -3 zoning-and not zone this half of the block to PO would not.substantiall� reduce opportunities for office development downtown. The Planning Commission continued to recommend that the three block area be zoned PO, "professional office ". Mayor Schwartz declared the public hearing open. Gerard Parsons, 663 Osos Street, recommended that the City Council accept the recommendation of the Planning Commission and of the planning staff and zone the property to R -3. Mrs. Zazueta, Rustic Gardens Nursery School at Walnut and Chorro Street, urged that the zoning.on this property be changed to some time of commercial use so it would allow them to continue to operate their nursery business on this parcel and still be able to expand the use by building a garden store. Terry Sanville, upon question, stated under R -4 designation, no enlargement of a business establishment could be made on the property. Mayor Schwartz declared the public hearing closed. Councilman Petterson agreed with the Planning Commission's recommendation.to R -4 but also felt that the zoning on Osos Street should remain R -3 and he wondered if some way could be found to help Rustic Gardens continue-to develop in.their area. Councilman Jorgensen agreed with the Planning Commission's recommendation but ' also felt sorry for the Rustic Garden's use but he did not know of.-any way to spot zone the commercial use at this location. Councilman Settle stated he would support the Planning Commission's recommendation but hoped that some relief could be granted to Rustic Gardens so they could expand their garden store. Councilman Dunin also agreed to support the Planning Commission's recommendation and also.felt the same as far as the Rustic Garden's operation was concerned. Mayor Schwartz also agreed with the Planning Commission's recommendation and also agreed.philosphically with some relief for the Rustic Garden's.development and hoped that the staff could come up with some interpretation but he did not know of any under the present zoning regulations. On motion of Councilman..Petterson,_seconded by Councilman Jorgensen, that the City Council accept the recommendation.of the Planning Commission and staff and recognize that the General Plan would have to be amended to accommodate the zoning. Motion carried, all ayes. AREA 4 - RESIDENTIAL BLOCK BOUNDED BY CHORRO, PEACH, BROAD AND MILL STREETS Terry Sanville stated that.the General Plan Land Use Element designated this block as high density residential. The consistent zoning.would.be R -4.. Resi- dential blocks north of Broad were also shown as high density apartment districts. ' The existing zoning was R -3 and the existing land uses were developed with older single family homes. There were many small lot sizes with half the properties developed to a medium density development or 7 -12 units per acre. The Planning Commission recommended that the block bounded by.Chorro, Broad, Peach and Mill be zoned R -3 with the remainder of the area zoned R -4. He stated, that the Planning staff disagreed with the Planning Commission's recommendation and recommended that. this residential block be zoned to R -2, medium.density residential zoning for the reason that the R -4 zoning proposed by the Planning Commission if implemented, !05 City Council Minutes November 22, 1977 Page 5 would change the character of .the block. While surrounding-areas had experienced a significant amount of apartment development,, this specific block was almost totally-developed with older; single.family homes in good condition.: R -2 zoning would ensure .long term maintenance and conservation of the existing houses. Some of these homes were designated.as being architecturally significant by the draft General Plan historic element. The General Plan designated-this area as a high density residential area, however where appropriate the Planning Commission and ' City Council had zoned residential.properties to.a lower density than shown on the General Plan. The city staff felt that a lower density zoning based -on the existing use of the land in.this block was warranted. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for -or against the recommendations of Planning Commission.and staff.. Mayor Schwartz declared.the..public hearing closed. Councilman Settle stated that based on the information presented and input from the neighborhood-, through the staff's report, he would accept the staff iecommendation to zone this-property to R -2. Councilman Dunin stated he too agreed with the staff recommendation and that he felt the property should be zoned R -2. Councilman Petterson agreed that the staff recommendation should be. accepted and zone the property R -2. Councilman Jorgensen agreed.with.the staff.-recommendation. Mayor Schwartz also agreed with the staff recommendation. On motion of Councilman Settle, seconded by Councilman ..Dunin, that the City Council support the staff recommendation and the property be rezoned R -2. .Motion carried, all ayes. 5 - BRIZZOLARA STREET ZONING Terry Sanville stated that the General Plan land use.element.showed all the areas east of San Luis Obispo Creek along Brizzolara Street as agricultural /conservation .(A /C) and-.the-consistent:-zoning was A /C. He stated the planning staff :. had recommended the entire area be zoned.to A/C-5. The.existing zoning between the freeway and the creek was R -3 and-the existing land use developed to older single 'family homes and apartments with no,cleari pattern of development along Brizzolara Street. The density of. existing apartments varied from lot to lot although most exceeded the number of units allowed in the R -2 zone. At the south end-of Brizzolara Street there was a four acre vacant parcel which was.currently being planned to an R- 3-type of development. _He.stated the City Planning Commission agreed to recommend to the City Council the initiation of a General Plan amendment to rezone the entire ar R -3 -S. He stated that the City Council should! =_suppor,t.the Planning Commission's recommendation to zone developed portion of-Brizzolara Street R -3 -S._ The Council should initiate an amendment to the General Plan to show this area as medium high - density-residential. .The.staff:also recommended:,that the City.Council should zone the four acre vacant parcel at the southern end of Brizzolara:Street from R -3 to R -1 -S. The Council would have to initiate an amendment to the General Plan to •show this area as -low density:.residential.prior to.changing the zoning to R -1 -S. -The General Plan -currently : showed -this area as:A /C.. He stated.the reasons for ' the recommendation were that the area was already substantially developed with medium high.density apartments and that.the!.:'S ".designation would require a use permit procedure to:adegiiately..cover problems of,.flood control access and noise abatement and the reason for the R -1 -S recommendation was:that the general -configuration.of. the site.and.its relationship to San Luis Creek limited its effective use as a medium high.density apartment area. The R- l.zoning.would allow the clustering of.units at-the northern'end-of the vacant property, reduce the .length of driveways and the amount of paving, and allow for greater open space development. Any development of the property would.have to sit . back from the 100 year flood plain. The setback requirement further reduced the buildable area of the site and would,cause crowding.-of apartment structures with limited opportunity-for yard areas..- The property was - directly adjacent to Highway 101. I 6 City Council Minutes November 22, 1977 Page 6 The city's General'Plan noise element showed that noise levels on the site sub- stantially exceeded adopted residential standards. The city staff could not recommend that medium high density apartments be developed in this type of noise environment especially when the property had not been previously developed with housing. Finally, Brizzolara Street was an excessively long cul -de -sac and this might complicate providing emergency fire and.police service to the property especially the southern portion of the site as the Nipomo Street bridge was the only vehicle access point-to Brizzolara Street properties. Mayor Schwartz declared-the public hearing open. Roger Marshall opposed the recommendation of the planning staff to rezone the four acre unimproved parcel to R -1 -S. He stated he and his partners had been working on a plan to develop this property for over a year. He felt that they had met every objection to develop that the staff had placed before them. They had submitted the necessary plans and were awaiting A.R.C. and E.R.C. approval. He urged the Council reject the staff recommendation and accept the Planning Commission's recommendation to zone the property R -3 -S. Ralph Cheda, property owner of the four acre unimproved parcel, agreed with Roger Marshall's statement that the property should be zoned R -3 -S. He said he paid for R -3 property, his taxes were R -3 property and he should be allowed to develop to the R -3 uses. Joe Hampl,.519 Brizzolara Street, submitted a petition from the neighborhood of Brizzolara, stating that they were property owners and taxpayers sincerely and regretfully taking exception to the Planning Commission-of the City of San Luis Obispo for their proposal in rezoning all the property and land on Brizzolara. He urged that the City Council zone the property R -3 as recommended by the Planning Commission. Mrs. Hampl appeared before the Council agreeing with her husband that the property should remain zoned R =3. Leonard Fisher, whose family had owned this property for over 100 years, asked the Council to leave the property zoned R -3 as it was so that the property owners could operate their properties as they had in "the past'and he was also in support of the Marshall Plan for development of the four acre piece at the south end of the property. Mrs. Dolores Smith stated she was in support of the R -3 densignation and'also supported the Marshall and Cheda land development scheme. Harold Johnson, 557 Brizzolara Street, was in support of the R -3 zoning for Brizzolara Street and also supported the Marshall and Cheda land development scheme. 1 '7 Mel Johnson, 557 Brizzolara Street, was in support of the.R -3 zoning for Brizzolara Street and also supported the Marshall and Cheda development plans, Mayor Schwartz declared the public hearing open. Councilman Settle stated he supported the neighborhood's reaction and'the Planning Commission recommendation that the entire strip be zoned to R -3 -S. Councilman Dunin stated he, too, would support the Planning Commission's recommend - ation'to R -3 -S as it seemed the neighborhood was unanimous in their request. Councilman Petterson stated that in view of the neighborhood support, he would support-the Planning Commission's recommendation to R -3 -S. Councilman Jorgensen agreed to support the Planning Commission's recommendation to develop a portion of this land to R -3 -S but he felt that the unimproved four acres owned by Marshall and Cheda should stay R -1 -S as he did not feel that the density was in conformance with the adopted General Plan but that he would go along with an R -2 -S at most. Mayor Schwartz stated that in view of the neighborhood appeal, he would accept the.Planning Commission's recommendation and rezone the area to R =3 -S: 'J d City Council Minutes November 22, 1977 Page 7 On motion of Councilman Dunin, seconded by Councilman Settle, that the City Council accept the Planning Commission's recommendation'to R -3 -S and recognize that the General-Plan would have to be amended on the ' lower -or southerly portion of the area. Motion carried, all ayes. Area 6 - San Luis Creek. Higuera Street Commercial Property The General Plan designated this-property as A /C. The consistent zoning district would also be A /C. The existing zoning of the property was CR, Commercial Retail. The existing land use is that the property is vacant. The Planning Commission,-ai their public hearing, recommended that the City Council initiate a General Plan amendment to designate this area retail commercial and that it be zoned CR -S. Terry Sanville'stated that the Planning Staff agreed with the Planning Commission's recommendation and that the City Council should support the Planning Commission and rezone the property CR -S. Also, that the-General Plan be amended to show this site for commercial uses. The reason, that in this specific case, the staff felt that problems in developing the site with commercial uses could be addressed and con - trolled by the city's use permit procedure. Both the environment and use permit review processes could address flood control, access and circulation, noise and visual impact issues which would affect future commercial use of the site. Staff also- recommended that the City Council should zone the property fronting Higuera Street directly east of the creek from CR'to CR -S. The required use permit pro - cedure would allow the city to insure that development on this property would not block access to the parcel west of the creek. Mayor Schwartz declared the public hearing open: Vic Montgomery, planner for the property owner, stated that the access could be through a right -of -way from Dana Street but that the property owner was trying to purchase an access from Higuera Street. Mayor Schwartz declared the public hearing closed. Councilman Jorgensen felt that this was a difficult parcel to develop and -until a specific development plan was submitted, he felt'the land should stay zoned A/C as shown.in the General Plan. Councilman Settle stated he felt the property should be developed as a CR -S with the adjacent property zoned•CR. He would support the CR -S recommendation of the Planning Commission.' Councilman Dunin stated that he was in support of the Planning Commission's recommendation for CR -S and did not feel that CT zone would be applicable. Councilman Petterson stated he could not support the CR -S for this property. He did not know how a retail business could be developed on this land. Mayor Schwartz stated that the existing zone!was -CR and he would support the Planning Commission recommendation to CR -S. He felt a combination of property owners could develop this land very nicely. On motion of Councilman Settle, seconded by Councilman Dunin, that the City Council accept the`Planning Commission recommendation that the land be zoned CR =S and recognize that the General Plan must be amended to, accomplish this conformity. Motion carried, Councilmen Jorgensen andfPetterson .voting no:' On motion of Councilman Settle, seconded by Councilman Dunin, that the City Council direct the Planning Commission to hold the necessary hearings to rezone 'the property east of this property to Higuera Street -CR -S. Motion carried, all ayes. Area 7 - SAN LUIS WELDING, PALM AND NIPOMO STREETS Terry •Sanville'stated that'the General Plan designated this property -as medium high residential or R -3 zoning. The property was presently zoned R -4 which would allow up to 24 units per acre. The existing land use was a metal building 1 cif City Council Minutes November 22, 1977 Page 8 which housed a welding business which had been operated at this location for a substantial number of years. The welding service was a "legally non - conforming use" within the existing R -4 zone. The Planning Commission unanimously moved to recommend that the PO zoning for San Luis Welding at the corner of Nipomo and Palm Streets. Terry Sanville, on behalf of the city staff, stated the Council should support the Planning Commission recommendation and rezone the property from R -4 to P0. The reason was that the site was in relatively close proximity to the downtown commercial area where office space was in demand. With customer access from Nipomo and Palm Street, office development on this site should not conflict with adjacent residential development. The city's parking lot would separate this site from residential uses in the rest of the block and finally, the zoning of the parcel to PO represents the minor interpretation of the General Plan as the plan showed all property in the 600 block of Monterey as professional offices. AREA 8 - REIS CHAPEL. NIPOMO AND DANA STREETS The land use element showed this area as medium high density residential or R -3. All but a small portion of the Reis Mortuary property was zoned CR. The southern half of the property on Nipomo adjaent to the chapel was also zoned CR, the northern half was zoned R -3. The Reis Mortuary occupied the majority of the area and there were five apartment units on the adjacent property. The Planning Commission recommended that the City Council rezone the property at Nipomo and Dana Streets from CR to PO which would require a General Plan amendment by the City Council. Terry Sanville stated that the City Council should support the Planning Commission recommendation to zone the property P0. The General Plan should then be amended to show this area as professional office. The reaons for the recommendation were that the majority of the property was already developed with Reis Chapel. The PO zone allowed mortuaries as a conditional use. The corner location of the mortuary does not create a significant problem for residential properties which front Dana Street. If Reis Chapel were to eventually convert to other types of office activities, they would be generally compatible within the neighborhood and convenient to other commerical activities in downtown and it would be question- able if the Reis Chapel property would ever be converted to an apartment development. AREA 9 - CHONG'S CANDY STORE, CHORRO AND PALM STREET The General Plan showed the property for high density residential or R -4. The existing zoning on the southern half of the block was zoned R -4, the northern half fronting Mill Street was R -3. The existing land uses were developed with a mixture of older single family homes and apartments with a density exceeding 12 units per acre. Chong's Candy Store and ith the Blue Dove Beauty Salon were the only substantial commercial uses within the block. Both of these uses were legally non - conforming. The Planning Commission agreed to support the staff's recommendation and rezone the above area R -4 with Chong's Candy site zoned CR. Terry Sanville, on behalf of the staff, stated the City Council should support the rezoning of the corner parcel which included Chong's Candy Store from R -4 to CR for the reason that Chong's Candy building could be a historical landmark in San Luis Obispo. The CR zoning would hopefully encourage its preservation and the location of the candy store would not conflict with residential develop- ment within the remainder of the block. Commercial zoning on this corner lot ' should not be considered an inducement to additional commercial development in the 700 block of Palm Street. Within the next year or so the City Council should adopt an ordinance which would protect historic buildings and architecturally significant structures. Mayor Schwartz declared the public hearing open on Areas 7, 8 and 9. Frank Cannon, San Luis Welding Works, stated that he would support the Planning Commission's recommendation that his property be zoned to the PO designation. Mayor Schwartz declared the public hearing closed. M City Council Minutes November 22, 1977 Page 9 Councilman Jorgensen stated he would agree with all the recommendations for Areas 7, 8 and 9 except for San Luis Welding on the corner of Nipomo and Palm. He would leave it zoned as is rather than try to interpret the PO zone to allow this type of development. Councilman Settle stated he would support the Planning Commission's recommendation. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City ' Council accept the Planning Commission recommendation but that both the San Luis Welding property and the Reis Mortuary property retain their current zoning until the General Plan is amended to show this areas as P0. v AREA 10 - STENNER CREEK PROPERTY Terry Sanville stated the General Plan land use element designated this property as low density residential or R -1. The property was presently zoned P0, pro- fessional offices and the existing land use was the property was vacant. He continued that during the General Plan hearings in 1976/77, the City Council discussed the planning of this property on several occasions. At that time, the property owners submitted a proposal to the city to construct an 11,000 square foot office building on the site. Even at that, the City Council deter- mined that low density residential uses was most appropriate for this area. Terry Sanville continued that the Planning Commission had not specifically discussed the zoning of this property but that the zoning map recommended by the commission showed this area as zoned R -1 consistent with the General Plan. The Planning Staff recommended that the City Council support the Planning Commission's recommendation and zone the property R -1, low density residential. The reasons for the Planning Commission recommendation was that R -1 zoning development would be consistent with the adopted General Plan and most similar to and compatable with adjacnet R -1 residential uses along Lincoln Street. The clustering of low density residential uses on the site and the imaginative ' site planning could mitigate concerns for excessive noise levels from Freeway 101. Commercial or Professional Office development of this property would be incon- sistent with the General Plan map and policies. The plan encouraged office development in more convenient locations adjacent to downtown commercial areas and government centers. This area was relatively separated from downtown commercial establishments. PO zoning of this property would set a precedent for encouraging other scattered office development throughout the community. Chorro Street was a heavily used collector street which fed traffic into the downtown commercial area. Traffic from office development on this site would complicate traffic movements on Chorro Street between Lincoln Street and the freeway. In addition, it was questionable whether site distances were sufficient to allow safe access to or from the site. He stated that if the City Council decided to change the zoning from that recommended by the Planning Commission of R -1, he suggested that it should go back to the Planning Commission for hearing and establishing of conditions. Mayor Schwartz declared the public hearing open. Vic Montgomery, representing the planning firm of Priest, Richmond, Wolf and Rossi, appeared before the City Council on behalf of the property owner urging that the Council reject the recommendation for R -1 low density residential use. He stated that the property had been zoned for RO for many years which would have allowed residential office use of the property. He stated that the staff's reasoning behind the R -1 recommendation was based on the following concerns: 1) noise exposure from Highway 101, 2) street access and circulation, 3) negative ' aesthetic effects and 4) compatability with adjacent R -1 uses. On behalf of their client, they felt that the PO zoning would be more appropriate for the following reasons: 1) The site was separated from all surrounding development by physical barriers; the creek on the north side, streets and bridges on the east /west sides, and the elevated freeway on the south. 2) R -1 usage did not appear reasonable since noise levels as identified on the General Plan Noise Element were above allowable noise levels. Noise levels on site were .compatible with office use. 3) Traffic volumes on Chorro between Lincoln Street and U.S. 101 were actually less than those found further north between Mountain View and Mission Streets; in an area surrounded by R -1 uses. 4) An R -1 zone would be economically unfeasible. City Council Minutes November 22, 1977 Page 9 He continued that the owner of the property had previously proposed construction of an office building on the property, prior to the adoption of the General Plan. The plan was presented to the ARC at the January 10, 1977 meeting where it received schematic approval by unanimous vote. The proposed office use was compatible with other zones southeast of the creek, which appeared to be the demarcation line between R -1 and other non - residential uses. PO zoning would be compatible with the existing PO zone located east of the property in the area bordered by U.S. 101, Santa Rosa Street and Palm Street. For those reasons, they were respectfully requesting the City Council zone this property P0, equivalent to its previous RO designation. This would allow the property owner to develop the property in a manner that was compatible with exist- ing uses in the area, environmentally sound and economically feasible. Dr. C. Baring Farmer, property owner, reviewed the history of his acquisition of the property and his attempts to develop this property to residential uses. He stated that in attempting to develop to residential uses that no lending institution within the city would loan funds for dwellings along the freeway but that they did not rule out loaning funds to develop office uses and this was the reason he was asking that the zoning be made to PO -S so that they could immediately start developing office facilities. He then explained the future plans for development. He urged the Council to reject the Planning Commission's and staff's recommendation and zone the land to P0. Mayor Schwartz declared the public hearing closed. Councilman Petterson felt the Council should look into a change of zone on this property to PO rather than R -1. Councilman Jorgensen stated he agreed in general with Dr. Farmer's proposal and felt that the Planning Commission should give it another look. Councilman Settle also agreed with Dr. Farmer's proposal and felt the Planning Commission should hold a hearing and look into it. Councilman Dunin stated he would support Dr. Farmer's proposal, felt the property was not an R -1 property and he would support a zoning to PO on the property. Mayor Schwartz stated he would support the Planning Commission's recommendation to zone this property to R -1. He felt the proper design, a residential develop- ment would be feasible. He did not wish to break into this residential area with office or commercial uses on this side of the freeway. Terry Sanville, associate planner, again reviewed the planning staff and Planning Commission's reasons for recommending the R -1 zoning on this property. Councilman Jorgensen stated that rather than to continue to discuss this property year after year that maybe the city should purchase the-land, zone it A/C and then put in a park. He could not support the PO but he could support possibly R -2. On motion of Councilman Petterson, seconded by Councilman Jorgensen, that this parcel be referred back to the Planning Commission and staff with a directive that they look to some reasonable use of the land, which study would include ingress and egress to the property, with the staff to discuss with the property owner his proposed development of the property. After discussion, Councilman Jorgensen withdrew his second. Terry Sanville again asked the Council for more direction on the use of the land for the Planning Commission. He stated that the Planning Commission and Council have studied this property to death and they would like more direction. On motion of Councilman Petterson, seconded by Councilman Dunin, that this parcel be referred back to the Planning Commission and staff with direction to consider PO zoning. Motion carried, Councilman Jorgensen and Mayor Schwartz voting no. 1 1 1 City Council Minutes November 22, 1977 Page 10 AREA 11 - HILLSIDE PROPERTY EAST OF FREEWAY 101 Terry Sanville stated the General Plan showed this area as A /C. The existing zoning of the property was R -1 and the property was used as agricultural range land. He stated that the Planning Commission had not specifically discussed the proposed zoning of this property, however the proposed zoning map recommended by the Commission showed this parcel and other adjacent hillside areas as A/C 20. He ' continued that the staff supported the Planning Commission's recommendation that this area be zoned A/C 20. However, the eastern portion of the property below the 320' elevation could be zoned R -1. The General Plan should be amended to more carefully define the boundary between A/C and low density residential areas. Staff made its recommendation on the basis that the area was below 320' elevation and could be served by the city's gravity flow water system. Also that access to the proposed R -1 area could be gained from Hill Street,z�an existing.private drive. Finally, the slopes in a proposed R -1 -S weregenerally less than 30 %. The S designation, use permit and subdivision procedures could control the precise setting of homes in the area. Mayor Schwartz declared the public hearing open. Tom Maples, representing Merriam, Meyer and Associates, urged that these properties be sent back to the Planning Commission for restudy so that all areas below the 320' elevation could be allowed to develop and not limited to this one property. Mike Maino, on behalf of the Maino Family owners of the property south of the staff recommended R -1 zone urged the Planning Commission be directed to study all land below 320' elevation to residential zones west of the freeway. He also questioned the city's use of A/C zone without any guidelines on its uses, such as development criteria, access roads, improvements, utilities, timing, etc. and also questioned how long the city planned on using A/C as a holding zone from develop- ment. Terry Sanville, upon question, stated no other area south of the subject property west of the freeway to Marsh Street had been studied and that it was intended as a permanent A/C zone for open space. Further, no plans had been submitted from the Planning Commission or staff consideration. Councilman Settle stated he would agree with the staff's proposal for A/C above the 320' elevation and R -1 -S below that and then send it back to the Planning Commission, for restudy all the way down to Marsh Street. Councilman Dunin agreed with the recommendation of Councilman Settle. Councilman Petterson felt all the areas west of the freeway from the subject property to Marsh Street should be studied for residential zoning below the 320' elevation. Councilman Jorgensen agreed that the subject property should go back to the Planning Commission f6t study'and -all land west of the freeway, south to Marsh Street, should be looked at although'he agreed that A/C was a permanent zone. Mayor Schwartz agreed with Councilmen Petterson's and Jorgensen's comments for Planning Commission study. On motion of Councilman Dunin, seconded by Councilman Petterson, that the City Council refer all the land below the 320' elevation be returned to the Planning Commission for study for a future recommendation to the City Council. Motion carried, all ayes. On motion of Councilman Settle, seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 732 (1977 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the City to rezone property in the North Central Area. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None 112 City Council Minutes November 22, 1977 Page 11 On motion of Councilman Settle, seconded by Councilman Dunin, that where zoning was inconsistent with the General Plan, direct the Planning Commission to set hearings for amending the General Plan to conform with the zoning. motion carried. 11:00 P.M. Mayor Schwartz declared a recess. 11:10 p.m. The City Council recon- vened with all Councilmen present. 2. The City Council considered recommendations from the Council subcommittee I for appointments of members to the Design Review Board. Councilman Petterson nominated Wesley Ward for a four year term to the Design Review Board. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the City Council appointed Wesley Ward to a four year term on the Design Review Board. Motion carried. On motion of Councilman Settle, seconded by Councilman Dunin, that all future applicants for boards, commissions and committees should be allowed first, second and third choices on each application for appointments to the various committees. Motion carried. Councilman Settle nominated the following individuals for appointment by the City Council to the Planning Commission: 1) reappoint Richard Breska; 2) appoint Charles Andrews; 3) appoint Steven Orlick; and 4) appoint Melanie Billig. The City.Council then held a lengthy discussion on the background of the individuals being nominated to the City Planning Commission and also questioned the Council Subcommittee on the reasons for making their recommendations for appointments to the Commission. After discussion, it was moved by Councilman Dunin, seconded by Councilman Jor ens that the City Council appoint Melanie Billig; Charles Andrews; and Richard Breska to four year terms on the Planning Commission. Motion carried. Councilman Jorgensen moved that Steve Orlick be appointed to a two year term on the Planning Commission.. Motion died for lack of a second. On motion of Councilman Petterson, seconded by Councilman Settle, that Mike DeNeve be appointed to the Planning Commission for a two year term. Motion carried, Councilman Jorgensen and Mayor Schwartz. There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting at 12:00 midnight to 12:10 p.m. Monday, November 28, 1977. APPROVED: J,4r" Fitzpatrick, City Clerk ----------------------------------------------------------------------------- - - - - -- MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, NOVEMBER 28, 1977 - 12:15 P.M. COUNCIL HEARING ROOM, CITY HALL Pledge Roll Call PRESENT: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz ABSENT: Councilman Petterson City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D. Miller, Administrative Officer; Gordon Johnson, Personnel Director; Roger Neuman, Police Chief; Henry Engen, Director of Community Development