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HomeMy WebLinkAbout12/20/1977City Council Minutes December 20, 1977 Page 2 Dan Smith, Senior Planner, presented the Planning Commission's recommendation and action to date on the proposal for a "Drive -in Restaurant" at 975 Foothill Blvd. He stated that the application was submitted to the Planning Department, which included: 1) A Minor Subdivision request to re- subdivide the property into three lots; two C/N Commercial Lots fronting Foothill Blvd., and one large ' R -1, residential lot at the end of Rouget Place. 2) A Use Permit request for a Burger King Restaurant on the end of the Commercial Lots. 3) The E.I.R. Determination Application. The E.I.R. Application was considered by the Environmental Review Committee. The initial study prepared by Staff recommended preparation of a focused E.I.R. to address: 1) traffic access and safety; 2) land use conflicts; and 3) removal of mature trees. The applicant agreed to a modified project design to save trees which the Tree Committee determined should be saved. The Environ- mental Review Commission granted a negative declaration. The E.R.C. felt the traffic and access problem had been mitigated to an acceptable level by the proposed location of the Burger King Restaurant driveway at the west property line. The negative declaration was appealed to the Planning Commission by interested citizens on the grounds that a drive -in restaurant would adversely affect the community. The appeal and applications were reviewed by the Planning Commission. The Planning Commission determined that there may be a significant adverse effect on traffic circulation on Foothill Blvd. They also determined that they could not make a decision on the Minor Subdivision request to create two commercial lots on Foothill Blvd., until a master site plan was prepared to depict a workable scheme for parking and access to Foothill from the two proposed commercial lots. The Planning Commission decided that a master plan for parking and circulation should be prepared by the applicant and evaluated in an initial Environmental Study for significant adverse effects and possible alternatives. The final Planning Commission action was to continue the application until the master plan and initial study were prepared. The City Staff agreed that the Planning Commission's concerns were justified. The property had 253 feet of frontage on Foothill Blvd., and the applicant had asked to divide the frontage into two commercial lots. The westerly lot could take advantage of a two -way left turn in the center of Foothill Blvd. for left turns into the site. The proposed easterly lot was across from a one -way turn lane on Foothill which extended back from the intersection of Foothill and Santa Rosa. Access to and from this lot involving left turns would conflict with the left turn pocket. This would limit access to the proposed easterly lot, the one closest to Foothill and Santa Rosa intersection, to right turns in and out,.. only. Staff also felt that Foothill Blvd.. was a heavily travelled thoroughfare having the highest volume to capacity ratio of any street in the City. It also had a significant amount of bicycle and pedestrian traffic to and from the University. Access to future commercial use along Foothill should be examined very carefully, especially those with high traffic generation, like a drive -in restaurant. Dan Smith - stated that the Planning Staff whole - heartedly supported the Planning Commission's recommendation for a parking and circulation plan for the property before it was considered for subdivision. Finally, he stated that ' the applicant had also appealed the staff and Planning Commission interpretation that Burger King was a Drive -In Restaurant. Restaurants other than drive -ins having less than 100 feet did not require a use permit. Drive -in restaurants did. The applicant contended that Burger King was not a drive -in because it did not have a drive -thru window. The City's recently adopted Zoning Ordi- nance defined "drive -in" thusly: "Drive -In Restaurant - Any premises with off - street parking and upon which premises are located restaurants, eating or food establishments from which prepared food or drink, capable of being consumed in automobiles on the premises, is sold or served and at least some of such food is so consumed." Therefore, the Staff recommended that the Council adopt a draft resolution upholding the Planning Commission's decision to require a master -plan for parking, circulation and an expanded initial environmental study to evaluate potential adverse effects to traffic and safety, and finally, to classify Burger King Restaurant as a drive -in establishment. City Council Minutes December 20, 1977 Page 3 Mayor Schwartz declared the Public Hearing open. Ron Havis, representing Burger King, reviewed the lengthy studies to date prepared by his firm to develop a restaurant on Foothill Blvd., which started on May 16, 1976. He continued that his firm had attempted to meet every objection of the City Staff to the development. He stated that his company would only be leasing the land from Polin - Truchan, the owners, and that the unit would be operated by a third party and he felt that Burger King should ' not be involved with the land subdivision, but just with the use permit if it were required for the restaurant. Tony Tang, another representative from Burger King, showed slides of the type of unit proposed for San Luis Obispo and other new units established throughout the State. Ron Havis stated that the reason for his lengthy presentation was to show the City Council that Burger King Company had made every effort to meet the requirements and desires of the City's Planning Staff and Council. He then asked the City Council to over -rule the Planning Commission and Staff and uphold the three appeals of his firm and those of the property owner. Emmett Dingle, opposed the permit of Burger King at this location due to the tremendous high - volume of traffic and the high -speed traffic on Foothill Blvd. He felt that by adding another major traffic generator in this area that the City would just increase the congestion at the intersection of Foothill and Santa Rosa. Carol Vanstone, opposed the Burger King unit primarily due to traffic and further congestion on Foothill Blvd. She asked that the City Council support the Planning Commission on the requirements to Master -Plan the parcel and their requirement to prepare an environmental impact report to show just what effect traffic would have on the neighborhood. Walt Crawford, Chorro Street, supported the application of Burger King as he felt ' that competition was good for business and he felt that there were a number of drive -in establishments in the area that could be helped with a new development. He felt that the traffic was so bad on Foothill Blvd. now that nothing could be done to make it any worse. Russ Johnson, supported the Burger King development on Foothill Blvd. He felt it would be a good asset to the City, would bring in revenue, make jobs, and asked that the Council not continue to harrass anyone who wished to develop in San Luis Obispo. He then submitted a petition signed by 212 persons who stated that they respectfully requested the City Council to consider and approve the application of the business known as "Burger King" at the location of 963 Foothill Blvd. They believed that this responsible company would develop the property in a manner that would preserve the beauty of the site and would be an asset to the City. Paul Allen, stated that he was opposed to the Burger King development, primarily due to the traffic problem. He felt the traffic was intolerable and did not know how bad it would get with this development; particularly with people taking left hand turns in and out over and across Foothill Blvd. Roland Maddelena, Realtor, stated that he supported the Burger King development, he felt that it was good for the City and hoped that the City Council would help the developer rather than continue to put obstacles in their path to development. Myron Graham, stated that this development looked like a real problem to him in that he was opposed to any left turns into or out of the Burger King unit site onto Foothill Blvd. He felt the only traffic movements should be right turns into and out of the unit which would require a longer trip, but which would be much safer than trying to cross three or four lanes of traffic on Foothill Blvd. City Council.Minutes December 20, 1977 Page 4 Steve Kay, stated that he was opposed to the City Government placing so many restrictions on anyone trying to develop a business in San Luis Obispo. He was opposed to so much City Government control. He felt that government was trying to control every facet of a person's life and people should be allowed to develop and if the business was a mistake, so be it. ' Mrs. Zanchuck, 26 Chorro Street, asked the City Council to be aware of a drainage problem on the Polin - Truchan site which was being proposed for the Burger King Development and the land to the rear. She related that this had been a very serious problem for many years and was now more worried about the problem due to the additional run -off that would be created with the black..top of the parking lot. She also was worried about the sewer line capacity in the area to handle this new development, as the present.Taco Stand had caused tremendous sewer problems to the neighbors at this time. She also urged strict landscaping to be required by the City of Burger King on any boundaries with R -1 development. Jim Perarski, representing Burger King, stated that it was their company's policy to have a landscape service at least one -day per week in order to keep the land- scaping which they had put in in good condition and to maintain it in good condition because they wished to be good neighbors and they felt that landscaping added to their own - operation. Mayor Schwartz declared the Public Hearing closed. The City Council discussed with Planning Staff the various considerations given this development by the Planning Commission, such as the effect the lot split would have on circulation on and off the land and the initial environmental study on traffic circulation and safety and the proposed Master Plan required by the Planning Commission. The City Council then decided that they would take each item separately: ITEM 1 - The appeal from the Planning Commission requirement for the preparation of a Master -Plan for parking and circulation on the entire property. Councilman Settle stated that he was worried about the traffic in and out of proposed Parcel B. He felt that he could support the Planning Commission's condition for a Master -Plan for the development of the tentative map. Councilman Dunin stated that his major concern was traffic on Foothill Blvd. and access to this property, but felt that-the problem of parking had been mitigated by moving the proposed restaurant further west and the driveways further west. He did not agree with the need for the preparation of a Master Plan for the entire parcel, as it might never develop. Councilman.Petterson stated he did not agree with the necessity for the . preparation of a Master Plan for the entire parcel in order to develop the one burger restaurant. He felt that when Parcel B was developed, that would be enough to develop a plan for Parcel B and C. Councilman Jorgensen stated that he would support the Planning Commission's recommendation for the preparation of a Master Plan for parking and circulation on the entire parcel. Due to the effect on the neighborhood, this development would cause on traffic on Foothill Blvd., and also off Rouget Place. He felt that a Master Plan was needed for circulation. Mayor Schwartz stated that he felt this parcel had already been subdivided and felt that there was no need for a resubdivision of the land. He felt the problem was whether this property could be developed with traffic and circulation problem mitigated, but an approval of this development did not guarantee left hand turn movements in or out of the property forever. He felt that Parcel B was the one that really needed study for ingress and egress (that is the Parcel closer to Santa Rosa Street). He also felt that Parcel C could be developed without any reference to developments on A or B. City Council Minutes December 20, 1977 Page 5 Councilman Petterson moved that the City Council uphold the appeal and not require the preparation of a Master Plan for parking and circulation of the entire property. Motion died for lack of a second. On motion of Councilman Jorgensen, seconded.by Councilman Settle, that the appeal of Burger King be denied and that a Master -Plan of parking and circulation for the Minor Subdivision No. 77 -357 be prepared for Parcels A and B.only;._if to.insure.a.:practical and safe access to Foothill Blvd. would be available. Motion lost on the following roll call vote: AYES: Councilmen Jorgensen, Settle NOES: Councilmen Dunin, Petterson and Mayor Schwartz ABSENT: None It was moved by Councilman Dunin, seconded by Mayor Schwartz, that the. appeal of Burger King be upheld, that the Master -Plan for traffic and circulation on the entire parcel not be required, and that the City Staff be directed to further discuss with the developer and property owner, traffic problems and that they be prepared to answer control features when the Parcel Map is considered. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Petterson,.Settle; and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None ITEM 2 - Appeal from the Planning Commission requirement for the preparation of an expanded initial environmental study to evaluate traffic access and circulation as it relates to the subject property. Councilman Jorgensen stated that he would support the recommendation and condition of the Planning Commission to require an expanded initial environ- mental study to evaluate traffic and access as it relates to the subject property. Councilman Settle stated that he felt the City needed the additional information on traffic on Foothill Blvd., as it affected this property and would support the Planning Commission's requirement for an expanded initial environmental study. Councilman Dunin stated that he did not understand why they were discussing this matter as he felt that the Council's action on Item 1 took care of Item 2. why continue:to discuss the parking, circulation and access to this property? Councilman Petterson stated he did not feel additional E.I.R. was needed. He felt that he would support the appeal that no expanded environmental study be prepared as he did not feel that any study was going to change the traffic pattern on Foothill Blvd. , Mayor Schwartz agreed with Councilman Petterson, but felt that the City Council would get another look at the traffic problem at the lot split stage. On motion of Councilman Petterson, seconded by Councilman Dunin, that the City Council uphold the appeal of Burger King and that no expanded initial environ- mental study to evaluate traffic, access and circulation be prepared. He felt that on the basis that the study was not needed due to staff involvement in this program and that their information would be made available to the Council at the lot split stage. He also declared a negative declaration on the environ- mental impact report as he did not feel there would be a significant impact to the environment. City Council Minutes December 20, 1977 Page 6 Motion carried on the following roll call vote: AYES: Councilmen Petterson, Dunin and Mayor Schwartz NOES: Councilmen Jorgensen, Settle ABSENT: None ITEM 3 - Appeal from the Planning Commission's decision to classify the Burger King Restaurant as a drive =in` restaurant. Councilman Petterson_.stated.there was no question that Burger King was a drive -in type establishment. It was moved by Councilman Jorgensen, seconded by Councilman Settle, that the appeal from the decision of the Planning Commission classifying the Burger King as a drive -in restaurant be denied and that they should apply for a use permit to develop the restaurant. Motion carried on the following toll call vote: AYES: Councilmen Jorgensen, Settle, Petterson, Dunin, and Mayor Schwartz NOES: None ABSENT: None 2. At this time, the City Council considered the abandonment of a portion of Henry Street between Iris Street and the Southern Pacific Company right -of -way, and a recommendation from the Planning Commission to approve the tentative Parcel Map Minor Subdivision No. 77 -227. ' Dan Smith, Senior Planner, reviewed with the City Council, the recommendation of the Planning Commission to abandon a portion of Henry Street between Iris and the railroad right -of -way and a Public Hearing held by the Council on December 6, 1977. He stated that the staff recommended that the City Council proceed with the abandonment by holding a Public Hearing, take testimony, and then continue the adoption of the final Resolution declaring the street abandonment until the final Parcel Map had been submitted for approval to the Council. Mayor Schwartz declared the Public Hearing open. Mr. Vic Montgomery, representing the property owners, stated they supported the abandonment as presented by the City Planning Commission. Mayor Scwhwartz declared the Public Hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, that the Council consideration of the Henry Street Abandonment be continued until the final Parcel Map had been completed and considered by the City Council. Motion carried on the following roll call vote: AYES: Councilmen Petterson, Settle, Jorgensen, Dunin and Mayor Schwartz NOES: None ' ABSENT: None Dan Smith, Senior Planner, presented the tentative Parcel.Map for Minor Subdivision No. 77 -227, which was a Minor Subdivision to adjust lot lines on three parcels as part of the abandonment of a portion of Henry Street. He stated the Staff and Planning Commission find the Minor Subdivision request logical and appropriate. The Staff recommended.that the subdivider be required to install improvements of a radius consisting of curb, gutter, sidewalk, drive- way ramp and drainage system, across the abandoned portion of Henry Street connecting to frontage improvements on the north side of Iris with the west side of Henry Street, and finally recommended that the City Council approve the Minor Tentative Map subject to the four findings and five conditions noted on the attached resolution: City Council Minutes December 20, 1977 Page 7 (A) That the Council, after consideration of the tentative map of Minor Subdivision 77 -227 and the Planning Commission's recommendations, Staff recommendations and reports thereon, makes the following findings: 1) The proposed parcel map and design are consistent with the general plan. 2) The site is physically suited for the proposed type and density of development permitted by the R -3 zone. 3) The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4) The design of the proposed subdivision will not conflict with public easements for access through, or use of property within the proposed subdivision. (B) That the approval of the tentative map for Minor Subdivision 77 -227 be subject to the following conditions: 1) All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 2) Applicant shall install curb, gutter and sidewalk across entire Iris Street frontage and continue the improvements across Henry Street right -of -way with a radius connecting with frontage improve- ments on the west side of Henry Street. The improvements shall consist of curb, gutter, sidewalk, driveway ramp and drainage system acceptable to the City Engineer. 3) The driveway, at radius, shall be a minimum of 16 feet. Applicant shall pave a 24 feet access driveway from Iris Street to railroad property to the approval of the City Engineer. 4) All existing utilities in the abandoned portion of Henry Street shall be included in an easement acceptable to the City Engineer. 5) Any applicable city water and sewer charges as determined by the City Engineer shall be paid prior to final map approval. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3468 (1977 . Series), a resolution of the Council of the City of San Luis Obispo approving the tentative Minor Subdivision No. 77 -227 located at 1104 Iris Street. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None At 9:00 P.M., Mayor Schwartz declared a recess. At 9:15 P.M., the Council reconvened with all Councilmen present. 3. At.this time the City Council considered the proposed abandonment of a portion of Pacific Street between Santa Rosa Street and Toro Street. Dan Smith, Senior Planner, stated that the City Council had held a prior Public Hearing on December 6, 1977, on this matter which was continued to this evening and that the accepted procedure for the Council would be to conduct a Public Hearing but continue the abandonment of the street until the tentative Tract Map No. 77 -404 had been approved by the City Council. Mayor Schwartz declared the Public Hearing open. City Council Minutes December 20, 1977 Page 8 A. Merriam, Planner, for the property owner spoke in support of the abandonment in order to make the proposed development feasible. Mayor Schwartz declared the Public Hearing closed. The City Clerk presented a letter from Marvin Dee objecting to the abandonment of a portion of Pacific Street between Santa Rosa and Toro Street due to the loss of parking on this street. Also, a letter was presented from Carl Kundert, M.D., objecting to the proposed abandonment due to the loss of parking on Pacific Street. It was moved by Councilman Petterson, seconded by_Councilman Settle, that the consideration of the abandonment of a portion of Pacific Street be continued until the final Parcel Maps, Minor Subdivision No. 77 -404 has been approved by the City Council. Motion carried on the following roll call vote: AYES:. Councilmen Petterson, Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None At this time, Dan Smith, Senior Planner, presented for the Council consideration the tentative Parcel Map, Minor Subdivision No. 77 -404, which was to combine four parcels into two parcels adjacent to Pacific Street as part of the abandon- ment of a portion of Pacific Street. Dan Smith continued that on behalf of the Planning Commission, the City Council--approve the tentative Minor Subdivision Map No. 77 -404, subject to four findings and 12 conditions: (A) That the Council, after consideration of the tentative map of Minor Subdivision No. 77 -404 and the Planning Commission's recommendations, Staff recommendations and reports thereon, makes the following findings: 1) The proposed parcel map and design are consistent with the General Plan. 2) The site is physically suited for the proposed type and density of development, which is permitted by the R -3 and P -0 zones. 3) The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4) The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. (B) That the approval of the tentative map for Minor Subdivision No. 77 -404 be subject to the following conditions: 1) All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 2) Subdivider shall dedicate additional Pacific Street right -of -way as necessary to accommodate a 38 ft. radius cul -de -sac turn around. 3) An exception to the required 50 -foot minimum radius requirement at the cul -de -sac is hereby granted. 4) Subdivider shall.install all frontage improvements at Pacific Street cul -de -sac. Said improvements shall consist of curb, gutter, sidewalk, driveway ramps, base and pacing, and.shall be installed to the approval of the City Engineer. 5) The entire Pacific Street right -of -way to be abandoned shall be maintained as a public utility easement and drainage easement if nec- essary as determined by the City Engineer. City Council Minutes December 20, 1977 Page 9 6) Subdivider shall install frontage improvements on Toro Street for parcels 1 and 2 to the satisfaction of the City Engineer. Said improvements shall consist of curbs and gutter. Sidewalk improvements are hereby waived. 7) Subdivider shall install street trees on Pacific Street frontage to the approval of the Public Services Department-and the final I map shall show a 10 -ft. easement at the frontage for street trees. 8) Subdivider shall dedicate an easement for drainage and maintenance purposes along San Luis Creek channel. Said easement shall be from northerly and easterly property lines to creek setback line to accommodate a.100 -year frequency storm. Exact location of easement .... shall be to the approval of the City Engineer. 9) The final map shall note all areas subject to inundation during a 100 -year storm and that all new building finish floor elevations shall be set at least one foot above the 100 -year storm elevation. 10) Subdivider shall modify San Luis Creek channel to handle a 30 -year frequency storm, including slope protection. Creek modification and slope protection shall be to the approval of the City Engineer. 11) Subdivider shall install one street light at Pacific Street cul -de- sac to utility company and city standards. 12) Subdivider shall prepare and submit for approval of the City Engineer, a topography, drainage and grading plan prior to final map approval. Mayor Schwartz suggested that the City Council approve the tentative Minor Subdivision with the addition of two conditions: 13) That the City receive a letter from the Historical Society, agreeing to the parking plan as proposed by the developer, E.A. French. 14) Developer deposit a cash bond to guarantee improvements to the parking lot proposed on Pacific Street as a condition of approval of the final map. On motion of Councilman Dunin, seconded by Councilman Settle,.that the Resolution approving the tentative Minor Subdivision Map be referred to the City Attorney for rewording of the Resolution and to be placed on the Agenda of January 3, 1978. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson, and Mayor Schwartz NOES: None ABSENT: None 4. At this time, the City Council considered the final passage of Ordinance No. 733, an Ordinance of the City of San Luis Obispo, amending the Official Zone Map of the City to rezone property located at the west-end of Luneta Drive. Councilman Dunin stepped down from the Council Table due to a possible conflict 1 of interest. Terry Sanville, Associate Planner, reviewed the provisions of Ordinance No. 733 as previously recommended by the City Planning Commission and Staff. Mayor Schwartz declared the Public Hearing open. City Council Minutes December 20, 1977 Page 10 Paul Allen, Luneta Street, stated that he was still opposed to any R -1 /S land use in this area. Henry Alberts, Madonna Road, questioned the City Council's action in this rezoning without having a detailed study of the drainage in the area after the present rain. 1 Mayor Schwartz declared the Public Hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, the following Ordinance was introduced: Ordinance No. 733 (1977 Series), an ordinance of the City of San Luis Obispo amending the Official Zone Map of the City (to rezone property located at the west end of Luneta Drive; City initiated rezoning). Finally passed on the following roll call vote: AYES: Councilmen Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: Councilman Dunin Councilman Dunin returned to the City Council meeting and took his place-at the Council Table. 5. At this time, the City Council considered the final Resolution finding and determining that a portion of Murray Street was unnecessary for present or prospective street purposes and ordered the abandonment of same and also the consideration granting final approval of Parcel Map No. SLO -76 -583. .Dan Smith, Senior Planner, reported to the City Council that the abandonment of Murray Street, between Hathway and the Southern Pacific right -of -way was continued by the Council on October 19, 1976, at which time the City Council also approved a tentative parcel.map to formally readjust the lot lines to the center of the street as contemplated by the abandonment. Now that the final improvements and the final parcel map had been completed, the Staff recommended that the City Council adopt the resolution abandoning the subject portion of Murray Street. On motion of Councilman Dunin, seconded by Councilman Settle, the following resolu- tion was introduced: Resolution No. 3469 (1977 Series), a resolution of the Council of the City of San Luis Obispo finding and determining that a portion of Murray Avenue is unnecessary for present or prospective street:purposes and ordering the abandonment of same. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None Dan Smith, Senior Planner, then reviewed for the City Council, the final Parcel Map No. SLO-76 -583, and recommended that the City Council accept the final map and authorize its recordation. ' On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3471 (1977 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Parcel Map No. SLO -76 -583 (Fred Julien, Applicant, 500 Hathway). Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson, and Mayor Schwartz NOES: None ABSENT: None City Council Minutes December 20, 1977 Page 11 6. At this time the City Council considered the adoption of an Ordinance amending the Municipal Code by repealing various sections dealing with Swimming Pool and Dock Regulations. The City Council discussed..with John Kellerman, Chief Building Inspector, the various sections of the code that had been previously asked to be amended for consideration by the City Council. The City Council then discussed various sections dealing with above - ground pools including access.to and from decks, walkways, etc. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the proposed Swimming Pool and Dock Regulation Ordinance was re- referred to the Chief Building Inspector to rework the wording on above - ground pools to exempt hot tubs and focus inspection efforts to electrical, etc. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Settle, Petterson and Mayor Schwartz NOES: None ABSENT: None 7. At this time the City Council considered the adoption of an ordinance add- ing Section 4270 to the Municipal Code, regarding the posting of signs on private property at drains leading to creeks. Mayor Schwartz declared the Public Hearing open. No one appeared before the City Council for or against the proposed Ordinance. Mayor Schwartz declared the Public Hearing closed. 1 On motion of Councilman Jorgensen,.seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 735 (1977 Series), an ordinance of the City of San Luis Obispo adding Section 4270 to Municipal Code, Article IV, Chapter 2, regarding posting of signs on private property at drains leading to creeks. Introduced and passed to print on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Settle, Petterson and Mayor Schwartz NOES: None ABSENT: None 8. At this time the City Council considered the adoption of an Ordinance amending the Municipal Code Section 4225 (Noise Ordinance) changing the time limit from 12:00 Midnight to 10:00 P.M. Mayor Schwartz declared the Public Hearing open. Mr. Henry Alberts, 1218 Madonna Road, supported the amendments to the-noise ordinance, but felt there should be strict enforcement by the City rather than the present lackadaisical type of enforcement. Also, he felt that, rather than limit it to 10:00 P.M., he felt the time limits for noise should be 8:00 P.M. to 7:00 A.M. daily.. Henry Dimalanta, Cal Poly Student, was opposed to the new conditions being established on time limits for noise. He felt it was unfair to the young people who enjoyed parties and having a good time and that Midnight was a fairer time rather than 10:00 P.M. Harry J. Busselen, 807 Skyline Drive, was in support of the proposed noise ordinance reducing the time to 10:00 P.M., but he stated it was ridiculous to have ordinances if the City did not intend to enfa¢ce them. It didn't make a difference if it changed to 10:00 P.M., if it wasn't enforced it wouldn't make any difference if it were 12:00 Midnight, but he would support the ordinance as presented. City Council Minutes December 20, 1977 Page 12 Mayor Schwartz declared the Public Hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 736 (1977 Series), an Ordinance of the City of San Luis Obispo amending Municipal Code Sections et seq. of Article IV, Chapter 2, Noise Regulations. ' Introduced and passed to print on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None 9. At this time the City Council considered an ordinance of the City amending Municipal Code, Article I, Chapter 2, Section 1202, Punishment for Misdemeanor. Allen Grimes, City Attorney, stated that the purpose of the change from the present $500.00 maximum penalty or imprisonment in the County Jail not exceeding six months to $1,000.00 maximum .fine and imprisonment of one year in order to comply with Section 1503 of the City Charter which provides maximum penalties for violations. Mayor Schwartz declared the Public Hearing open. No one appeared before the City Council for or against the proposed ordinance. Mayor Schwartz declared the Public Hearing closed. On motion of Councilman Petterson, seconded..by Councilman Jorgensen, the follow- , ing ordinance was introduced: Ordinance No. 737 (1977 Series), an ordinance of the City of San Luis Obispo amending Municipal Code Article I, Chapter 2, Section 1202, Punishment for Misdemeanor. Introduced and passed to print on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None 10. At this time the City Council considered the recommendations of the Mass Transit Committee as follows: ITEM 3: Mass Transportation Committee recommends that the No. 1 bus be routed via Casa and Murray Streets commencing January 1, 1978, and that the efficacy of the route be re- evaluated at the end of a two -month period. A bus stop and bench will be installed on the west side of Casa Street at a location to be selected by Staff which would be convenient to both the hospital and medical facilities. ITEM 5: The M.P.C. recommends that the City purchase and install radios for the two older City Buses which are utilized for standby and shuttle service. ' ITEM 6: The.M.P-.C. recommends that effective January 1, 1978, the fare structure for the Cuesta System be modified to reflect .35( single ride, .70(, daily pass, and a $12.50 monthly pass with tokens being recognized on either system and no cost transfers be accepted between the system. This would be a pilot program for the coming semester only and would be reviewed during the summer. The Mass Transportation Committee also recommended that the hours of operation of the Cuesta Bus System be modified; eliminate the noon schedule from 11:30 City Council Minutes December 20, 1977 Page 13 to 12:25 and add an additional schedule from 4:30 to 5:25 P.M. The M.P.C. also recommended that the 12:30 to 1:30 weekend and holiday schedule to California Mens' Colony be eliminated. ITEM 7: The Mass Transportation Committee pointed out that the current agreement for the service for C.M.C. and Cuesta College had been for a 90 -day period and was now continuing on a month -to -month basis. They wish to formalize the contract and reviewed items , with the committee. The M.P.C. determined that it would have no objection to the continuance of a present 1958 model diesel bus as being the prime vehicle of the contract. However, they did request the vehicle be painted blue and appropriately marked. Mr. Romero, Public Services Director, stated he was directed to proceed with the modified agreement. D.F. Romero, Public Services Director and Assistant to the Mass Transportation Committee, reviewed the items presented to the City Council by the Committee and wished the City Council to realize that Item 3 (the additional route along Murray, Casa and Foothill Blvd.) would increase the cost of the service by $3,700.00. Item 5 (the recommendation to purchase two radios for the older buses) cost implication was $800.00 each or a net of $1,600.00. Item 6 (improve- ments to the Cuesta Bus Service), D.F. Romero stated that the implication of the Mass Transportation Committee's recommendation would result in reduced revenue and may not be fully compensated by increased ridership. Also, the elimination of the 12:30, 1:30 P.M. weekend and holiday service to C.M.C. would result in a _ cost savings of approximately $4,000.00 annually. Item 7 (formal contract for the Cuesta- C.M.C. System) D.F. Romero presented for the Council's consideration a form of contract agreement that should be advertised so that the City could proceed under a formal agreement for the services on this portion of the system, which would last during the remainder of the period covered by the Rural Demonstration Grant. On motion of Councilman Dunin, seconded by Councilman Settle, that the City Council recognize the cost implications and the recommendations of the Mass Transportation Committee, approve the recommendations and order them implemented. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Settle, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None 11. At this time the City Council considered the final map for Tract 649 - Villas de Madera, located at 2803 Johnson Avenue, V.I.P. Future Corporation Developers, and a Subdivision Agreement for the Tract. Wayne Peterson, City Engineer, reviewed for the City Council, the final map of Tract 649 and reviewed the main provisions of the Subdivision Agreement and stated that both were proper and recommended approval.. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3472 (1977 Series), a resolution ' of the Council of the City of San Luis Obispo approving the final map of Tract 649 Villas de Madera (located at 2803 Johnson Avenue, V.I.P. Future Corporation). Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson, and Mayor Schwartz NOES: None ABSENT: None City Council Minutes December 20, 1977 Page 14 12. At this time the City Council considered the final map and subdivision agreement for Tract 668 - Villa.de'Laurel, located at 1360 Laurel Lane; Warren F. Dolezal, Developer. Wayne Peterson, City Engineer, reviewed the final tract map with the City Council Passed and adopted.on the following roll call vote: AYES: Councilmen Settle, Petterson, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None 13. At this time the City Council considered the Minor Subdivision No. 77 -330, located at 568, 570 Ellen Way,.Thomas Baumberger, Applicant. Dan Smith, Senior Planner, reviewed the provisions of the tentative Parcel Map for this subdivision, which was basically to adjust lot lines on two parcels at Ellen Way adjacent to U.S. Hwy. 101. He stated that the site was on a cul -de- sac at the south end of Ellen Way and immediately adjacent to the highway. It was generally flat with a slight dome to the rear allowing site drainage to flow to an open ditch in the highway right -of -way. The site had some mature trees and typical residential landscaping. One single - family house occupied a portion of the site. Noise levels were very high due to the traffic on the highway. ' He continued that the site in question was odd shaped and had the odd size as the result of a parcel remnants which remained as the result of the right -of -way taken for U.S. Hwy. 101. The applicant had assembled the remnants.and proposed creating a new parcel to allow the development of one additional house. The parcels, as proposed met City requirements for minimum parcel size, but did not meet minimum frontage requirements. Parcels fronting on a cul -de -sac required a minimum frontage of 40 feet. Proposed Parcel A would have a frontage of 23 ft. and Parcel B a frontage of 36 ft. The applicant was also requesting a variance from minimum frontage requirements. The Planning Commission concurred with the variance request on the basis that Ellen Way is a substandard cul -de -sac, making it difficult to achieve required frontage. The Planning Commission recommended that the City Council adopt a resolution approving the Minor Subdivision with variances to lot frontage, subject to findings required by the State Map Act. Dan Smith stated that the Planning Staff recommended denial of the subdivision because they felt that it could not be found consistent with the noise element of the General Plan. The noise element specified certain outdoor noise maximums for residential uses and the property in question had a higher noise level due to the freeway noises. With this noise level, unusual and costly building construction would be required to make the indoor environment of the house acceptable and meet Code Requirements. In addition, an acceptable barrier to achieve outdoor noise minimums appeared totally infeasible. He concluded by stating that the State Map Act required a finding by the Council of consistency ' with the General Plan and the noise element of the General Plan contained an implementation policy as follows: 3.0 Reduce existing and potential incompatible noise levels in problem areas through land use strategies, building and subdivision code enforcement, and other administrative means. 3.1 Discourage development of noise sensitive uses in incompatible noise - impacted areas close to major noise sources. 3.2 Strictly enforce all existing.noise control regulations, including building and subdivision laws. and reviewed the special conditions of the Subdivision Agreement.for the tract. ' On motion of Councilman Settle, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3473 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving the final map of Tract 668, Villa de'Laurel (located at 1360 Laurel Lane, Warren F. Dolezal, Developer). Passed and adopted.on the following roll call vote: AYES: Councilmen Settle, Petterson, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None 13. At this time the City Council considered the Minor Subdivision No. 77 -330, located at 568, 570 Ellen Way,.Thomas Baumberger, Applicant. Dan Smith, Senior Planner, reviewed the provisions of the tentative Parcel Map for this subdivision, which was basically to adjust lot lines on two parcels at Ellen Way adjacent to U.S. Hwy. 101. He stated that the site was on a cul -de- sac at the south end of Ellen Way and immediately adjacent to the highway. It was generally flat with a slight dome to the rear allowing site drainage to flow to an open ditch in the highway right -of -way. The site had some mature trees and typical residential landscaping. One single - family house occupied a portion of the site. Noise levels were very high due to the traffic on the highway. ' He continued that the site in question was odd shaped and had the odd size as the result of a parcel remnants which remained as the result of the right -of -way taken for U.S. Hwy. 101. The applicant had assembled the remnants.and proposed creating a new parcel to allow the development of one additional house. The parcels, as proposed met City requirements for minimum parcel size, but did not meet minimum frontage requirements. Parcels fronting on a cul -de -sac required a minimum frontage of 40 feet. Proposed Parcel A would have a frontage of 23 ft. and Parcel B a frontage of 36 ft. The applicant was also requesting a variance from minimum frontage requirements. The Planning Commission concurred with the variance request on the basis that Ellen Way is a substandard cul -de -sac, making it difficult to achieve required frontage. The Planning Commission recommended that the City Council adopt a resolution approving the Minor Subdivision with variances to lot frontage, subject to findings required by the State Map Act. Dan Smith stated that the Planning Staff recommended denial of the subdivision because they felt that it could not be found consistent with the noise element of the General Plan. The noise element specified certain outdoor noise maximums for residential uses and the property in question had a higher noise level due to the freeway noises. With this noise level, unusual and costly building construction would be required to make the indoor environment of the house acceptable and meet Code Requirements. In addition, an acceptable barrier to achieve outdoor noise minimums appeared totally infeasible. He concluded by stating that the State Map Act required a finding by the Council of consistency ' with the General Plan and the noise element of the General Plan contained an implementation policy as follows: 3.0 Reduce existing and potential incompatible noise levels in problem areas through land use strategies, building and subdivision code enforcement, and other administrative means. 3.1 Discourage development of noise sensitive uses in incompatible noise - impacted areas close to major noise sources. 3.2 Strictly enforce all existing.noise control regulations, including building and subdivision laws. City Council Minutes December 20, 1977 Page 15 He concluded by saying that it appeared to the Staff that the proposed Minor Subdivision to create another lot in a noise - sensitive environment would be inconsistent with the General Plan policies. Communication from John Kellerman, Chief Building Inspector, stating that it had come to the City's attention that an active water -well was on this parcel in the proposed Minor Subdivision and that the residence was connected to the well and to the City water supply. As a condition of approving the Minor Subdivision, he recommended that the Council require the following: 1. The well be disconnected from the residence. 2. The well be properly capped in an approved manner. 3. The parcel map show the accurate location of the well. 4. The new property line be established a minimum of five (5) feet from the north corner of the existing residence on Parcel B. If the applicant did not comply with these conditions or if there was a delay of more than thirty (30) days, he would recommend the owner be required to install. the proper cross connection protection on the City Water Service. D.F. Romero, Public Services Director, stated that in view that the parcel being created was suitable as a building site, in spite of the high noise - levels from the highway, and that additional housing was needed and the City would require noise mitigation and that the occupants would undoubtedly be aware that there were noise problems relating to the freeway prior to occupying the building, he would concur with the Planning Commission and not the Planning Staff that the Minor ..Subdivision should be approved. Councilman Petterson stated that he felt that he could not support the , Planning Commission in this matter of the Minor Subdivision as he felt that the noise would be intolerable to people living in the area, that the street was too small, too narrow and the lot frontage as being proposed were way below City standard and he could not support this development. On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced; a.resolution.of the Council of the City of San Luis Obispo granting approval of the tentative Parcel Map No. 77 -330, located at 568 and 570 Ellen Way, subject to four findings and seven conditions: (A) That the Council, after consideration of the Tentative Parcel Map 77 -330 and the Planning Commission staff recommendations and.reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development permitted by the R -1 zone. 3. The design is not likely to cause substantial environmental damage. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of, proposed sub- division. 1 (B) That the approval of the Tentative Parcel Map 77 -330 be subject to the following conditions: 1. All new corners shall be staked by a registered civil engineer or licensed surveyor. 2. Subdivider shall pay water frontage and acreage fees for parcel A as determined by the City Engineer. 3. Final map shall contain a note acceptable to the City Engineer that development on Parcel A may require a sewer backflow preven- tion device and /or sewage ejector device. City Council Minutes December 20, 1977 Page 16 4. Final map shall contain a note acceptable to the Community Development Director that Parcels A and B are exposed to noise levels which are normally unacceptable for residential use. Further development on the parcels may require unusual and costly building construction to meet Code requirements. 5. Final map shall show easements acceptable to the City Engineer over existing storm drains and sewer mains running through Parcels A and B. Said easements shall be dedicated to the City for maintenance purposes. 6. Minimum frontage requirements for Parcels A and B are hereby waived. 7. Installation of sidewalks on Parcels A and B is hereby waived until required by the City at some future date. (C) That the approval of the Tentative Parcel Map 77 -330 be subject to conditions listed in John Kellerman's communication also: 1. The well be disconnected from the residence. 2. The well be properly capped in an approved manner. 3. The parcel map show the accurate location of the well. 4. The new property line be established a minimum of five (5) feet from the north corner of the existing residence on,Parcel B. The motion lost on the following roll call vote: AYES: Councilmen Dunin, Settle ' NOES: Councilmen Jorgensen, Petterson and Mayor Schwartz ABSENT: None On motion of Councilman Jorgensen, seconded by Councilman Dunin, the City Staff were directed to prepare a resolution of denial of the Minor Subdivision No. 77 -330 for presentation at the January 3, 1978, Council Meeting. Motion carried on the following roll call.vote: AYES: Councilmen Jorgensen, Petterson,.Dunin-,rSettle. -and Mayor-Schwartz NOES: None ABSENT: None CONSENT ITEMS C -1 On motion of Councilman Petterson, seconded by Councilman Jorgensen, claims against the City for the month of December, 1977, were approved and ordered paid subject to the approval of the Administrative Officer. C -2 On motion of Councilman Petterson, seconded by Councilman Jorgensen, the Minutes of the City Council Meetings of August 16 & October 4, 1977, were approved as presented. C -3 On motion of Councilman Petterson, seconded by Councilman.Jorgensen, the following contract pay estimates and change orders were approved and ordered paid: Boyd Construction Company EST.#3 FINAL $4,771.70 (1/23/78) WATER TREATMENT PLANT EST. #2 6,441.80 C.P. 431 -77 Morro Bay Glass & Mirror EST. #3 FINAL 503.62 (1/23/78) CITY - COUNTY LIBRARY EST.#2 679.88 C.P. #B -16 City Council Minutes December 20, 1977 Page 17 C -4 On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3474.(1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Roy D. Newell and.Wilma R. Newell for a common access driveway to serve four lots on Johnson Avenue. Passed and adopted on the following roll call vote: AYES: Councilman Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None C -5 On motion of Councilman Dunin, seconded by Mayor Schwartz,..the following resolution was introduced: Resolution No. 3475.(1977 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund appropriations for the 1977 -78 fiscal year in the amount of $6,250.00 to furnish Water.Saver Kits to encourage and promote water conservation. This resolution must be amended to take the funds from the Water Fund and not the General Fund. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None C -6 On motion of Councilman Petterson, seconded by Councilman.Jorgensen, the following resolution was introduced: Resolution No. 3476 (1977 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund appropriations for the 1977/78 fiscal year in the amount of $300.00 to provide continued funding of the Architectural Review Commission (ARC) Meeting expenses. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None C -7 On motion of Councilman Dunin, seconded.by Councilman Settle, the following resolution was introduced: Resolution.No. 3477 (1977 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund appropriations for the 1977/78 fiscal year in the amount of $5,000.00 to provide continued funding for the Personnel.Department Employee Training Program. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -8 On motion of Councilman Petterson, seconded by Councilman Jorgensen,. the following resolution was introduced: Resolution No. 3478 (1977 Series), a resolution of the Council of the City of San Luis Obispo relating to indemnifica- tion by the City for the payment of any judgment which might arise out of the Bilodeau Litigation.(Superior Court No. 46481). City Council Minutes December 20, 1977 Page 18 Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None C -9 At this time the City Council considered a request of A.W. Martin, dba Martin Mortgage Company, requesting that the Sewer Farm Grazing Lease be transferred to him from Charles D. Weis. He presented a release from Charles Weis and Alan Peterson to A.W. Martin, a financial statement from A.W. Martin and an insurance policy of the Martin Mortgage Company. Councilman Petterson stated in discussing this matter and reviewing the documen- tation presented, he felt that Charles Weis; the original holder of the Sewer Farm Lease had abrogated the lease by entering into a joint- venture agreement with two other parties; namely the Martin Mortgage Company and Alan Peterson. He stated that the agreement between Charles Weis and the City required that no assignments or transfer be made without prior approval of the City of San Luis Obispo and he felt that this was wrong and he felt that the contract between Charles Weis and the City had been abrogated a year ago. He felt that the City should take steps to cancel the lease, re- advertise and try to get someone on the property who would comply with the lease conditions. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council in accordance with the provisions of the lease for the City grazing land set a Public Hearing on January 3, 1978, with a view to canceling the lease with Charles Weis for the grazing land at the Sewer Farm. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None C -10 The City Council considered the Traffic Committee Minutes and the Traffic Engineer's Quarterly Report dated December 14, 1977. Wayne Peterson, City Engineer, reviewed the general conditions that have applied to the traffic operations since the adoption of the new Ordinance. He asked that the City Council consider Item 4TC- 11 -77, which recommended to the Council, the closure of Osos Street at Santa Barbara Street. The Committee's recommended action would be for the Staff to begin proceedings and notify the residents and businesses involved of the City's intention. The City Council discussed, with the City Engineer- Traffic Engineer, various parts of the report.stating that they felt it was in general, well -done, well- documented and they appreciated the information. On motion of Mayor Schwartz, seconded by Councilman Dunin, that the request to close Osos Street at Santa Barbara Street be referred to the City Attorney for report to the City Council on what steps should be taken to accomplish this recommendation. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle, Jorgensen and Mayor Schwartz NOES: None 41*3;01 zz�