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HomeMy WebLinkAbout02/28/1978City Council Minutes February 28,.1978 Page 1 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 28, 1978- 7:00 P.M. CITY ATTORNEI''S_CONFERENCE ROOM,, CITY HALL Pledge Roll Call Councilmen ' PRESENT: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz.., ABSENT: Councilman.Settle City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Allen Grimes, City Attorney; Gordon Johnson, Personnel Director Others PRESENT: William Calloway, President SLO Firefighter's Association; Jim McCay, SLO Police Officer's Association; Myron Torik, Kathie Michel, SLO City Employee's Association 1. The City Council adjourned to Executive Session to meet with representatives of the three recognized employee organizations to discuss an alleged grievance dealing with the use of a recently adopted sick leave report. 7:10 p.m. Councilman Settle arrived at the meeting. 7:40 p.m. Executive Session was adjourned to 7:00 p.m., Tuesday, March 14, 1978 for resolution of the appeal. The City Council .then reconvened in Regular Session at 7:40 p.m. in the Council Chambers of City Hall. 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; Terry Sanville, Planning Associate; Glen Matteson, Planning Assistant Mayor Schwartz announced that the Council and the three employees' associations had reached a compromise settlement of the sick leave form dispute. 2. The City Council held a. public- .hearing on the recommendation of the Planning Commission to amend the General Plan in order to maintain consistency between the General Pland and the land use zoning within the city. The public hearing would involve 28 separate parcels of land to be considered by the City Council. Terry Sanville, Associate Planner, informed the City Council that during the City -wide rezoning program, the Planning Commission and City Council initiated several changes to the General Plan in.addition to several applications for General Plan amendments from private parties. In order to maintain consistency with between the plan and the zoning, it was necessary to resolve General Plan amendment issues, and in some cases, if the amendments were approved, follow through with additional rezoning actions. He explained that the 28 individual City Council Minutes February 28, 1978 Page 2 items would be presented one at a -time for Council determination. The first seven involved minor adjustments and boundary interpretations and the balance included changes in land use designation and policy issues. The Environmental Review Commission evaluated each item and approved a negative declaration. Finally, two problem properties, referred back to the Planning Commission including the Farmer property off Chorro Street and the Foothill and Ferrini Annexation requests would be brought back from the Planning Commission at a later date, probably in May. AREA 1 - KSLY.Property, north of Chumash Mobile Home Park and the Dennis Transfer Property, 2885 South Higuera Street. Description: The rezoning action precisely interpreted the boundaries between Service Commercial /Light Industrial, Conservation /Agriculture, and Medium - Density Residential designations. The General Plan map should be changed to more accur- ately reflect the zoning boundary determination. The Planning Commission.recommended that the City Council amend the General Plan map to conform with the recently adopted zoning. Mayor Schwartz declared the public hearing-open. No one appeared before the City Council for or against the proposed General Plan amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council accept the recommended action of the Planning Commission. Motion carried, Councilman Jorgensen voting no: AREA 2 - Nelson property at the southeast end of Andrews Street. Description: The rezoning action precisely-interpreted the boundary between Low Density /Residential and Conservation /Agriculture designations.. The General Plan map should be changed to more accurately reflect the boundary determination as shown on the - zoning map. The Planning Commission recommended the City Council approve the amendment to the General Plan and that the low density residential area be zoned R -1 -S rather than R -1, with the use permit requirement.to solve drainage and erosion problems. Mayor Schwartz declared -.the public hearing open. Bruce Tietje, 1893 Corralitos Drive, opposed the zoning of the hill property for residential - purposes because of drainage and erosion problems caused by the existing drainage in the area. He even felt that the "S" designation would not protect downstream properties. Mayor Schwartz declared the public hearing closed. _ On motion of Councilman Settle, seconded Councilman Petterson, that the City Council accept the recommendation of the Planning Commission to amend the General Plan and initiate R -1 -S zoning for the low density residential area. Motion carried, all ayes. AREA 3 - North end of Higuera Street. Description: The rezoning action adjusted -the boundary between Tourist Commer- cial and Professional-Office designations... The change was requested by. owners of -the parcel zoned C -T in order to have their entire property in one designation, and to allow a unified development plan for Tourist Commercial uses to be prepared. The Planning Commission recommended that the City Council amend the General Plan to conform with past zoning action and.initiate the rezoning of the property from C -T to C -T -S. Mayor Schwartz declared the public hearing open. No.one appeared before the City Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed. - City Council Minutes February 28, 1978 Page 3 On motion of Councilman Settle, seconded by Councilman Jorgensen, the recommendation of the Planning Commission be accepted and that a zoning change to C -T -S should be considered. Motion carried, all ayes. AREA 4 - Area bounded by Ferrini Road, North Chorro Street and Foothill Blvd. Description: The rezoning action precisely interpreted the boundary between Low Density residential and Medium -High Density residential designations. The Planning Commission recommended the City Council amend the General Plan to reflect previous zoning action with no further zone change required. Mayor Schwartz declared the public hearing closed. No one appeared before the City Council for or against the proposed action. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the recommendation of the Planning Commission be accepted. Motion carried, all ayes. AREA 5 - Area bounded by Foothill Boulevard, Southern Pacific Railroad, Murray .Street, and Casa Street. Description: The rezoning action precisely interpreted the boundary between High Density residential and Professional Office designations. The Planning Commission recommended that the City Council amend.the.General Plan to conform with the previous zoning action. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the recommendation of the Planning Commission be accepted. Motion carried, Councilman Dunin voting no. 6 - Sierra Vista Hospital property at Casa Street and Deseret Place. Description: The rezoning action precisely interpreted the boundary between Public- Semi /Public and Professional Office designations: The Planning Commission recommended that the City Council amend the General Plan to conform with the pre4iousczoning action. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Petterson, that the recommendation of the Planning Commission be accepted. Motion carried, all ayes. AREA 7 - Confluence of Stenner and Garden Creeks at Highway 101. Description: The General Plair designated this area Park; it had been zoned A /C. asapart of the city -wide rezoning program. Since the City had no immediate plans to acquire the property, and since the plan map did not reflect precisely the area previously zoned A /C, the plan should be amended to show a Conservation/ Agriculture designation which more closely followed the zone boundary. The Planning•Commission recommended that the City Council amend the General. Plan to conform -with the previous zoning change. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed amendment., Mayor 'Schwartz declared the public hearing closed. City Council Minutes` February 28, 1978 Page 4 On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council,accept the recommendation of the Planning Commission and amend the . General Plan map.' Motion carried,..Councilman Dunin.voting no.. " AREA 8 - Duveneck property on Prefumo.Canyon.Road. Description: While the General Plan designated this area Conservation/ Agriculture,.it was zoned R -1 -S (Low Density.residential, use permit, required for development). The plan should be amended to designate the area Low Density residential and the urban reserve line should be adjusted to reflect the water service limit. The Planning.Commission recommended "that the'City Council amend the General Plan to conform "with the zoning and to approve the.urban reserve line change. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed.. On motion of Councilman Petterson, seconded by Councilman Settle, that the.City .Council accept the recommendation of the Planning Commission. Motion carried, Councilmen Dunin and Jorgensen voting no. AREA 9 - Breakers Restaurant, southern end of Calle Joaquin. Description:. While the General Plan designated this area Conservation /Agriculture, the Planning Commission and Council felt the existing restaurant should be legiti- mized 'rather than be made a nonconforming use, which could not be replaced if it were destroyed. However, they did not want to create the potential for additional development on the hillside, so all but the existing restaurant building and park- ing lots had been zoned A /C. The Planning Commission recommended that the City Council amend the General Plan to conform with the zoning.which showed the Breaker's Restaurant and parking lot as a "Tourist Commercial" area. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed.- On motion of Councilman Settle, seconded by Councilman Petterson, that the.City Council accept the recommendation of the Planning Commission and amend the General Plan. Motion carried, all ayes.. AREA 10 - South.of Margarita Avenue. Description: John Wiebe, represented by Priest, Richmond, Ross & Montgomery, had applied for a plan amendment to the General Plan to designate the property as Medium -High Density residential, allowing.up to 18 dwelling units per acre, rather than Medium Density residential, allowing up to 12 units.per acre. The city staff felt that the use of this land under the higher density designation would be_ compatible with nearby uses which ranged from four to over 30 units per acre and would implement the General Plan goals of infill and intensification. The effect on resources shared by the community -and adverse environmental effects.-would be negligible. The required implementation was rezoning from.R -2 -S to R -3. The redesignation of this 91 vacant acre site could allow an additional 33 dwelling units. Also, the R -3 zone would allow fraternities, sororities, boarding houses.and student housing complexes not allowed.in the R -2 zone. The applicant's-statement did not give the backgiound for this request-which was: Property owners had applied for a subdivision for multiple- family (R -2) development. As a condition.of approval -, staff and.Parks & Recreation Commission had recommended dedication of park space. In order to develop the same number of units on less area, applicants were seeking a higher density entitlement on the remaining area. Issues at this location included adequacy of park space, airport influence and site drainage. This issues appeared to have been addressed by the previously proposed development. City Council Minutes February 28, 1978 Page 5 The Planning Commission recommended that Plan and to show medium high residential until a subdivision plan indicating park was subdivided the city would initiate t (1) initiated by the city after approval P -F. the City Council amend the General uses and to leave the rezoning R -2 -S spaces was approved. After the property ze rezoning of the property would be of the subdivision and (2) show R -3 and Mayor Schwartz declared the public hearing open. No one appeared before the I City Council for or against the amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, the City Council accept the recommendation of the Planning Commission and amend the General Plan. Motion carried, all ayes. AREA 11 - South end of Bullock Lane Description: The area was shown as Interim Agriculture rather than Medium Density residential. The Orcutt expansion area boundary line was relocated to include this property. This parcel of land was the one the City Council had recently adopted a moratorium on building until complete studies had been prepared by the City Planning Commission. The Planning Commission recommended that the City Council amend the General Plan map to designate the property "Agricultural /Conservation" and initiate A /C -5 zoning. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, to approve ' the recommendation of the Planning Commission and that the General Plan map be amended A /C -5 zoning be initiated. Motion carried, Councilman Dunin voting no. AREA 12 - Orcutt Road and Laurel Lane intersection. Description: Designation of the area shown as Service Commercial /Light Industrial rather than Medium Density Residential. The staff stated that to avoid creating nonconforming uses, the Planning Commission and Council decided this area should have an appropriate commercial designation. The existing M (manufacturing) zoning was left in effect pending a plan amendment a new zoning. Residential use would be more compatible with surrounding uses, though the location of this site at the intersection of two main streets did not make it a desirable location for such use. Since this area was developed partially with commercial uses, it was unlikely the amendment would, even in the long run, reduce potential residential capacity. No adverse environmental effects or planning policy conflicts were foreseen. The Planning Commission recommended that the City Council approve the General Plan amendment and that the City Council initiate rezoning of the area from M to to C -H. Mayor Schwartz declared the hearing open. No one appeared before the City I Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Dunin, the City Council accept the recommendation of the Planning Commission to amend the General Plan to show the property "Service Commercial" and request the Planning Commission initiate rezoning on the area from M to C -H. Motion carried, all ayes. City Council Minutes February 28; 1978 Page 6 AREA 13 - Maino and Vetter property at Laurel Lane and Orcutt Road (General Fireproofing property). Description: Maino Construction Company and Vetter Corporation had applied for a plan amendment to designate a portion of the property along Laurel Lane as Professional Office rather than Service Commercial /Light Industrial. ' The Planning Commission recommended to the City Council that the plan text be amended to read "Top priority should be given to infill of professional office development in the areas adjacent to the Central Business District. Continued use and limited expansion of office areas outside the periphery'of the Central Business District might be provided for only when such areas (1) had direct access from other than residential streets, and would not require or encourage circulation of commercial traffic through residential areas (2):provide transition between residential and existing commercial or industrial-uses; and (3) were based on an established group of offices. New office uses locating in such areas should be limited to those-with no close functional relationship to medical and legal - governmental- financial centers elsewhere in the city: The - dispersion of design firms, banks, real estate offices, financial institutions, medical clinics, and doctors offices% and - lawyers offices throughout th6 city should be discouraged." They recommended that the City Council approve the General Plan map amendment and initiate rezoning of this parcel from M to PO -S. Mayor Schwartz declared the public hearing open:- No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded.-by Councilman Diinin; that the City Council accept the recommendation of the Planning Commission!to amend the General Plan text be further amended as follows: "Commercial or'Professional Office Uses locating in such areis'sho,,ild'be limited to those with no close functional-rela- tionship to medical and legal governmental - financial centers elsewhere in the city. The dispersion of design firms, banks, real estate offices,.financial institutions,-med.ical clinics, doctors' offices and lawyers offices throughout the city should be prohibited" and accepted and that the Planning:Commission initiate rezoning from M to PO -S. Motion carried, all ayes. The City Council directed that the.planning.staff attempt:to-develop - a procedure for implementation under the approved policy on offices. AREA 14 - Northwest corner•of "Johnson.Avenue intersection -with Southwood Drive. Description: Removal of "N" (Neighborhood Commercial) map designation on the General-Plan. During the rezoning program, the Planning Commission and Council.decided there would be greater consistency between the planned text and map if the "N" designation were removed from =this location. The area had been - zoned R -2 in the General Plan:: The Planning Commission recommended that-the City Council-.amend-.the--General: Plan map . with no-zone change. Mayor Schwartz declared the public hearing open. Mr. Chung Cho, representing the property owner, supported the - :continued, ;uses.: of the C -N zoning for this parcel as he felt that when the present use were to leave, which-happened-:to be the - Welfare -Department-of= the.County of San . Luis Obispo, the property owner might again wish to open a neighborhood market. He felt it was unfair to the property owner; who had invested great sums of money to develop the property, to have a commercial parcel zoned to residential uses: Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Mayor Schwartz, the City'Council accept the recommendation of the Planning Commission. Motion carried, Councilman Dunin voting no.... City Council Minutes February 28,1978 Page 7 AREA 15 - Northern corner of Laurel Lane intersection with Augusta Street. Description: Map amendment to designate the area as Medium -High Density Resi- dential rather than High Density Residential. The Planning Commission recommended that the City Council-amend the General Plan to the medium -high density residential designation with no further zone change'required. Mayor.Schwartz declared the.public.hearing open. 'No one appeared before or against the proposed amendment: Mayor Schwartz declared the public Bearing.:. closed: On motion of Councilman Jorgensen, seconded by Councilman Dunin, to accept the recommendation of-the Planning Commission. :Motion carried, all ayes. 8:55 p.m. Mayor Schwartz called a recess. 9:10 p.m. --The-meeting reconvened with all - Councilmen present: AREA 16 _ County Hospital on-Johnson Avenue and Bishop - Street.: Description: The proposal was to designate the parking lot on the south side of Bishop Street Public /Semi - Public rather than Low Density Residential and the area north and east of the hospital itself Low Density Residential rather than Public /Semi - Public. t The General Plan amendment as recommended would coincide with zoning adopted by the Planning Commission and Council in response to neighborhood concerns regarding expansion of'County facilities and contrary to the city-staff'recommend- ation. The area - behind the hospital would be left R -1 rather than rezoned PF. Also, the parking lot south of Bishop had been included in the PF zone. -The vacant area now zoned R -1 could accommodate•.about 20'housing iunits. When this area was rezoned, staff advised the Planning-Commission and Council, ' and these bodies advised the neighborhood; that the - zoning probably would have no legal force on the:County's'actions. The Council and staff was concerned that the gesture of rezoning might be interpreted as city disapproval of expansion of'County facilities at this site. The.city'planning staff'still had these.concerns. The Planning Commission recommended that the County property be zoned R -1 and that the General Plan be.amended accordingly. They also recommended that the Community Development Director notify the County Planning Department of the intent of the city. Mayor Schwartz declared the public hearing open. No one appeared before the City Council. Mayor Schwartz declared the public hearing closed i On motion of Councilman Settle, seconded by Councilman Dunin, that the City Council accept the recommendation of the Planning Commission. Councilman Jorgensen stated that this was poor city action, felt the County might make better use of this property if it were properly zoned and he felt the County government should be given an opportunity to discuss this matter. Councilman Settle stated he felt the County was well aware of the neighborhood's feelings and also aware of what their options might be.. Motion carried, Councilman Jorgensen and Mayor Schwartz voting no. AREA 17 - Hi g uera- Marsh -Grove Streets l Description: Change in designation from Professional Office to Medium Density Residerittal. Thesareapwas.left zoned PO pending a plan amendment. The change involved 50 parcels covering.about 93!� acres. The Commission originally recommended.residential zoning for the area between the railroad and:California Blvd. "and -the City Council, during public hearing, decided to extend the residential designation up to the Grove Street area. City Council Minutes February 28, 1978. Page 8 Staff felt -that this change in designation would be a'further departure from the policy of giving high priority to office -'developments around -the Central Business District. However, the staff did-not feel "that this General Plan map amendment by itself necessitated changing the plan text. The intent to.conserve medium- density, medium- income residential areas-close to downtown appeared to be equally'desirable, and was a basic goal of the General Plan. -The most difficult issue in this case was application of a consistent policy on nonconforming uses - the established offices. A residential rather than office designation would probably result in less traffic within the neighborhood, the only apparent difference in environmental impact. In order to legitimize- the - existing = offices on Marsh7Street :'and-to- allow- further office - conversion along Marsh, staff preferred retaining this area -in the office designation. Marsh Street had a different character :than Higuera,-since-it crossed the railroad and provided nonresidential circulation to California Blvd. from the downtown area while Higuera and Groveiwere- essentially dead -end streets. The-Planning Commission recommended that ;the,CitylCouncil leave-.the-entire area under- discussion designated office and that -the PO'zoning•be retained. The City Planning Staff recommended that the area along Marsh Street-and one parcel on Grove and Higuera Street be zoned for office:uses and'the balance ofithe area stay in the residential zone. Mayor Schwartz declared the public hearing open. Rod Levin, architect, representing Dr's Brown and Crevel, urged the Council-.to support the Planning - Commission's recommendation as his clients'had.been proceeding with a master plan for the property. The expansion of the office was:proposed and gained approval by both the E.R.C. -and A-.,-R.C. They were just about..to . obtain a building permit. He felt that any-change in zoning,would prohibit. this development from proceeding. He felt that the city should support long term zoning because people purchased the property with the idea of planning ahead.' The private practice of medical offices in the neighborhood should be encouraged rather than discouraged. The problem was trying to find office space. The mixture of 'P -0 with residential was good: With staff's recommendation, his client's property was being split, half being zoned P -0 and the other R -2 which he felt really didn't make much sense. . Dr. Forsythe, 1510 Higuera Street; .stated : that .she.:supported- the:concept.of- the Planning Commission for the entire area to be zoned P -O. Jesse Ray, representing the owners of: -the Mountain-View complex; stated-that the' property had-been zoned -P -0 for ten years and-that-the the residents :living there had lived compatibly with this type of-zoning. People who had owned this property or acquired this _property, with- the idea of;having.it zoned in- the future for offices. She felt that the staff's.recommendation was illogical and unnecessary. She felt there were no night traffic or loud noises to disrupt the residents., She felt'the Planning Commission had been the best recommendation. Dr. Meinhold, urged that the city support the recommendation of the Planning: Commission because if they did not, his property:which.was now conforming to the zoning, would be nonconforming; which he felt would-be unfair after all these years. Elmer Reynolds,•1400 Higuera,Street, stated he would.support.the recomendation of the Planning-Commission to leave-the property-zoned.P -0•and not.back:.to the recommendation of the city staff; Harry Winkele, 1441'Monterey Street, supported the Planning Commission's recommendation so that balance of their property could be developed at some later date.. Mel Hahn, Sr., 1440 Higuera'Street, urged the City Council to accept the recommendation of the Planning Commission and leave the area zoned•P -O in order that the property owners could' continue .to-develop,their: properties. City Council Minutes February 28; 1978 Page 9 Martin Polin, representing himself and several other property owners, stated that they opposed the recommendation of the planning staff and supported that of the Planning Commission: He stated that if he wished to remodel, he would not be -able to'do so in the R =2 zone. -He warned -the City Council that °the staff recommendation should not be taken lightly to rezone the property R -2 which would spoil persons hopes and dreams of many years. He felt that the property should remain zoned P -0. Mike Maino felt that the major problem with the city's General Plan was that the city staff had proliferated the various- zoning classifications -which made more and more properties nonconforming which he felt made'a tremendous hardship on the various property owners. He felt that the city could still control development in the community if they had a simple zoning designation with some type of plan which would leave the zoning-for a longer period of -time so that plans could be made for its use. Dr. Grant McAdams, 1100 Grove Street, urged that.the City Council leave the property zoned P -0 so that his office could conform to the zoning. He stated that he had been at this .location for many years and was opposed to .the.staff recommendation as he felt it was a wishy -washy solution. He felt that leaving Higuera out of the P =O designation -made his - office and other adjacent to it -- nonconforming which really did not make any sense as the City Council and City Planning Commission had given permission many years ago for the use.of. this property. He urged the City Council to keep the property owner's feelings in mind. _ Dr. Marty Craven;- -1545 Higuera Street, felt that.:the recommendation of.the . Planning Commission made sense and that the recommendation of the staff was.. illogical as it would divide his property.in.half, one -half being residential and one -half being professional- office.. He.urged that the City Council accept the recommendation,of the Planning Commission.and leave the entire area zoned P -O. Mayor Schwartz declared the public "hearing closed. - The City Council then discussed the comments of the-various speakers.- , Councilman Petterson stated that he would support the majority.recommendation of the Planning Commission and rezone the property to the area P -O. He stated it was the only fair solution to the dilemma: - Councilman Jorgensen stated that the testimony presented this evening had changed his mind -and that he would support the Planning Commission's recommend- ation reluctantly although he had originally hoped to have more housing and not more offices in the area. He would support P -0 zoning. He felt that this was a transitional area, residential to business but he felt the parking would make a real problem in the future for the city. Councilman Settle stated he, too, would reluctantly support the recommendation of the Planning Commission to zone the entire area to P -0. While he was sympa- thetic to keeping the housing in the area, he felt the testimony this evening showed that the property owners wished their area to remain P-0-which may not be good zoning but that he would support the.neighborhood's feelings.: . Councilman Dunin stated that this was a difficult problem, felt the City Council should support the Planning Commission and zone the entire area to P -0 which was also supported by all the property owners who spoke to the Council. Mayor Schwartz felt that the property owners and tenants had made a good argument , for the area to be zoned to P -0 although he felt the transition to offices in the area would be a very slow process as it had been the history of the area so far as there were still some very fine homes and residences in the area. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the-City Council accept the recommendation of the Planning Commission and leave the entire area P -0. zoning. Motion carried, all ayes., City Council Minutes February 28, 1978 Page 10 The City Council asked that the Planning Commission and staff be asked to look into the enforcement and control of parking, etc. in the general area just rezoned. AREA 18 - Mill and Grove Streets Description: Change in designation from Medium -High Density Residential to Medium Density Residential. The Planning Commission and Council, during their public zoning hearings decided to zone this area R -2 (12 dwelling units per acre maxiumum) rather than R -3 (18 units per acre) to reflect the existing character of the neighborhood. Con- sidering parcel sizes and existing development, this change practically reduced the development potential of this area by a maximum of 25 units. What could actually be developed under R -3 as opposed to R -2 was probably somewhat less due to setback requirements, driveway and parking requirements, and number of bedrooms in existing units. There were no policy conflicts or additional environ- mental impacts expected to result from this amendment. The Planning Commission recommended that the City Council amend the General Plan to conform with the zoning. Mayor Schwartz declared the public hearing open. No one appeared before the City Council. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the recommendation of the Planning Commission be accepted. Motion carried, all ayes. AREA 19 - End of Phillips Lane, near the Southern Pacific Railroad Description: Change in map designation from Profession from Professional Office to Medium- Density Residential. Due to concerns of neighborhood residents, the Planning Commission and Council had decided the quarter -block adjacent to Phillips Lane and the railroad should be rezoned R -2 rather than P -0. While it might be desirable in the long run to have similar uses on both sides of the street, the area in question had been committed to medium density residential uses. While it was subject to less traffic than Mill Street, it was equally subject to railroad noise. There was no overriding argument in favor of either designation. (Professional Office conditionally allowed medium density residential.) The Planning Commission recommended that the City Council amend the General Plan to conform with the zoning. Mayor Schwartz declared the public hearing open. No one appeared before the City Council. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Dunin, to accept the recommendation of the Planning Commission. Motion carried, all ayes. AREA 20 - Stafford and Kentucky Streets Description: Change in designation from Medium -High Density Residential to Medium Density Residential. The Planning Commission and City Council decided that R -2 zoning (12 dwelling units per acre maximum) rather than R -3 (18 units per acre) would allow develop- , ment more compatible with the existing conditions in this neighborhood. While both this area and the area just north along Frederick Street have mixed densities ranging from R -1 to above R -4, the city staff supported the strategy of preserving this area as a medium density neighborhood. At most, potential development within the area to be amended was reduced by 27 units. The only changes in environmental impact were likely to be beneficial, and no policy conflicts were apparent. Mayor Schwartz declared the public hearing open. City Council Minutes February 28, 1978 Page 11 E. Ernatt, property owner, on the corner of Kentucky and Taft Street, across from the Union Oil Service Station, asked that the City Council restore the R -H zoning that was previously on this property so that he could continue to operate with that density. Otherwise, the R -2 zoning would make his improvements nonconforming and in case of a loss by fire or other catastrophe, he would be unable to replace the buildings. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Jorgensen, to accept the recommendation of the Planning Commission. Motion carried, Councilmen Dunin and Settle voting no. AREA 21 - Bond and Orange Streets Description: Change in designation from Medium Density Residential to Low Density Residential. This recommendation came about as a result of concerned neighborhood residents. The Planning Commission and Council decided to zone this area R -1 rather than R -2, which would have been the highest density consistent with the plan. While R -2 would have legitimized three nonconforming duplexes, it would also have extended the medium density designation into an established single family neighborhood. The Planning Commission recommended that the City Council amend the General Plan to conform with the zoning. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, to accept the recommendation of the Planning Commission. Motion carried, all ayes. AREA 22 - Northeast end of Foothill Blvd. Description: Change in General Plan designation from Low Density Residential to Medium -High Density Residential. The Planning Commission and Council decided to keep the R -3 zoning of this area at the request of area residents. The R -3 zoning would allow about 14 more units than R -1. This zone was now consistent with the adopted plan. Also, R -3 allowed group quarters (boarding houses and fraternities) which the lower-density-zones did not. Issues at this site included compatibility between properties which might convert to higher occupancy and those which preferred to remain single family and access to the properties north of Foothill Blvd., which was by private drive. The present density and character of the area was more low or medium density than R -3. On this particular issue, the Planning Commission, after several roll call votes, was split 3 -3. The matter was sent to the City Council without Planning Commission recommendation. Therefore, the planning staff of the city recommended that the area within the proposed amendment should be designated medium - density residential and zoned R -2. Mayor Schwartz declared the public hearing open. Ms. Jennifer Long felt the city should maintain the R -3 zone which was presently on the property and not reduce the potential developments to R -2 as recommended by the city planning staff. She stated that she purchased her property as R -3 and would like it to stay at that zone so that possibly in the future she could enlarge on the use. Mayor Schwartz declared the public hearing closed. 1 1 City Couricil'Minutes February 28, 1978' Page 12 On motion of Councilman.Dunin, seconded by Councilman Settle, that the City Council amend the General Plan map-to -.show medium -high residential density. Motion carried, all ayes. AREA 23: Northern end of California'Blvd. Description: Change in designation from High Density Residential to Public /Semi- ' Public. This property consists of approximately 2.3 acres owned by the State of California and if the General Plan designation was changed .to P -F would make'the map more accurately reflect the existing and desired use. The Planning Commission recommended that the City Council amend the General Plan to show this property as P -F. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, to accept the recommendation of.the Planning Commission .- ...Motion.•carried;..all ayes. AREA 24 - Boysen Avenue and Santa Rosa Street Description: Change in designation from High Density Residential to Professional Office. During the zoning hearings, the Planning Commission and City Council decided to zone this area PO rather than create nonconforming uses. This action was a further departure from the General Plan policy to encourage office development around the'central business district rather than in scattered locations. However, since this site was''fully developed and met the criteria in the proposed policy for location of offices outside the - central area; no basic policy conflicts were seen. The Planning Commission recommended that -the City Council amend the General Plan to show this area as P -0. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the - proposal. Mayor Schwartz declared the public hearing closed. On motion of Councilman'Settle, seconded by Councilman:Dunin, that the recommend- ation of the Planning Commission be accepted and the General Plan map be amended to P -0. Motion carried, all ayes. AREA 25 - Southwest corner of Jeffrey Drive and Daly Avenue (Nativity Elementary School and Church). Description: Change in designation from Public /Semi - Public to Low Density Residential. In response to neighborhood concerns that this property might be-tised for offices or some other use allowed in the'PF zone,-the Planning Commission and Council decided to "leave the zoning R -1 until the issue of potential future uses could be resolved. The questioned had been raised about the continued use as a school. About half of the property was now unused. Since elementary schools were- conditionally allowed in the R -1 zone; designating this property Low Density Residential would not create a nonconforming use. The Planning Cbmmission recommended that the City Council amend the General Plan to Low Density Residential. Mayor Schwartz declared the public hearing open. No one appeared before the City Council. .Mayor Schwartz declared'the public hearing closed.' City Council Minutes February 28, 1978 Page 13 On motion. of Councilman Jorgensen, seconded by Councilman Settle, that-the City Council accept the recommendation'of the Planning Commission to show this area as R -1 density. Motion carried, Councilmen Dunin and Petterson voting no. AREA 26 - Foothill Blvd. intersections with North Tassajara and Cuesta Drive.. Description: Change in designation from Medium Density Residential.to Low Density Residential. In response to neighborhood requests, the Planning Commission and Council decided to zone-this area R -1 rather than R -2. While there was one multiple- family property in this area, the rest was single- family.and the neighborhood to the north and west was solidly single - family. The Planning Commission recommended that the City.Council amend -.the General Plan to show the low density designation. Mayor Schwartz declared the public hearing open. No one appeared-before the City Council for or against the proposed amendment. Mayor Schwartz declared the public hearing closed. On motion of- Councilman Jorgensen,_seconded by Councilman Settle, to accept the recommendation of the Planning Commission and zone the area R -1 on the General Plan. Motion carried, Councilman Dunin voting no. AREA 27 - Southeast corner of Casa Street and Murray Street. Description: Change in plan designation from Medium Density Residential to Professional Office. At the request-of the property owner, the Planning Commission and Council. left this site-zoned PO, The surrounding area was a mixture of medium density residential and•professional. office uses.. Extension of_the office designation to this-corner appeared-to be a logical interpretation of the plan map and text policies and would not create additional environmental impacts. The Planning- Commission recommended that the-.City Council amend the General Plan to designate this property P -0. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the.proposed, amendment Mayor-Schwartz_declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the recommendation of the Planning Commission be accepted and this property be zoned P -0. Motion carried, Councilman Dunin voting no. 28 - Ellen Way Description: Change in plan designation from Medium Density Residential to Low Density Residential. . At the request of the residents of Ellen Way, the Planning Commission and Council, during the zoning hearings, left the area zoned R -1. This was a solidly single family neighborhood of modest homes in good condition. No policy conflicts or additional impacts would be created by lowering the designation. At most, about 18 additional units could have been accommodated under.R -2 zoning. The Planning Commission recommended that the City Council-amend the General Plan , to show this property as low density residential.- - Mayor Schwartz declared the public hearing open. No one appeared . before the City Council for or against the proposed amendments. -Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle,-to accept the recommendation of the Planning Commission. Motion carried, all ayes.