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HomeMy WebLinkAbout03/07/1978City Council Minutes March 7, 1978 Page 2 1. At this time the City Council held a public hearing to consider a Level 1, Ordinance.604 -A Water Deficiency in conjunction with a building permit request for a motel expansion at 677 Buena Vista Avenue (C -P Zone), DeBlau Construction Company, applicant. Dan Smith, Senior Planner, stated that the building permit was a request for a 15 -unit motel addition to the Frontier Motel at 677 Buena Vista Avenue. The project was served by a substandard waterline which provided about 150 gallons per minute fire flow and that the required flow for the existing motel and the expansion was 3,500 gallons per minute. The city utilities engineer indicated that a new 8 -inch waterline would have to be constructed in Abbot, Henderson and Garfield Streets from Grand Avenue to Monterey Street to eliminate the level 1 deficiency. The line would be approximately 1100 feet long and cost $30,000 to install. The Planning Commission at a public hearing conducted on February 8, 1978, considered the deficiency and recommended that the council take the following action to eliminate it: 1. Require the developer to install the 8 -inch waterline required to eliminate the deficiency. 2. Advise the applicaiit.to apply for city participation through the quarterly funding program. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the matter. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3517 (1978 Series), a resolution of the City of San Luis Obispo finding a Level 1, Ordinance 604 -A Water Deficiency associated with use permit request for motel expansion at 677 Buena Vista Avenue and require the applicant to correct the deficiency by installing an 8 -inch waterline in Abbot, Henderson and Garfield Streets from Grand Avenue to Monterey Street. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen and Mayor Schwartz NOES: Councilman Dunin ABSENT: Councilman Petterson 2. At this time the City Council held a public hearing on the recommendation of the Planning Commission to zone two areas: AREA 1 - Rezone from U to R -2 /MH; that property located between Los Osos Valley Road and Laguna Lake Mobile Home Park along Prefumo Canyon Road. AREA 2 - Rezone from R -1 to R -1 -S and R -1 to A /C -40; the land lying northeasterly from the end of San Luis Drive between San Luis Creek and east of the city limits. Terry Sanville, Associate Planner, stated that this was the last property in the , city zoned U; though the general plan designated this property medium - density residential, no action was taken to rezone it during the city -wide rezoning program because the question of the expansion of the adjacent mobile home park had not been resolved. Now that the council had approved a use permit for expansion of the mobile home park, a rezoning action was appropriate. This city - initiated change in zoning would not affect development of the property under the approved use permit. City Council Minutes March 7, 1978 Page 3 The Planning Commission recommended that the City Council rezone this area from U (Unclassified) to R -2 /MH (medium- density residential /mobile home park; combining zone). Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed rezoning. Mayor Schwartz closed the public hearing. Mayor Schwartz stated that he was still opposed to allowing more mobile homes in the city without a final study on the impact that mobile homes had on city revenues and city services, but that, as the majority of the council had already voted to approve this development, he would go along with that. On motion of Councilman Settle, seconded by Councilman Dunin, the following ordinance was introduced to print: Ordinance No. 734 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at 1801 Prefumo Canyon Road. Introduced and passed to print on the following roll call vote: AYES: Councilmen Settle, Dunin and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: Councilman Petterson Terry Sanville, Associate Planner,presented the Planning Commission's recommenda- tion on the zoning of the Madonna property at the northeast end of San Luis Drive between San Luis Creek and the easterly city limits. He stated that when the council considered this property as part of the city -wide rezoning program, their decision 1 to zone the entire area to be consistent with the general plan, A/C was not appropriate. This matter was referred back to the Planning Commission asking that the commission determine a suitable area at the end of San Luis Drive for additional residential development. The area above, approximately 360' elevation was desig- nated conservation /agriculture. A year ago the elevated area was designated park. Terry Sanville continued that the property consisted of a relatively level area, slopes between 0 and 30% between San Luis Creek and Highway 101 and the side of the Santa Lucia Foothill which rises steeply; slopes 30 to 80 %. Most of the property was covered with dense vegetation which prevented erosion and provided habitat for wildlife. While there did not appear to be significant service run -off from the hillside, probably soils remained saturated long after heavy rains draining along rock layers to the more porous soils along San Luis Creek. The southern bank of the creek had been stabilized with rock. Freeway noise was audible over the entire site;according.to the noise element it was a potential problem in the northeast area. Access was from San Luis Drive. Apparently a right -of- access existed at the extreme northeast corner of the property from the northbound lanes of Highway 101. Because the space between San Luis Creek and the foot of the hill was small, conventional subdivision with patterned streets and frontage lots was not feasible. While the Planning Commission was divided between favoring a substantial additional area for residential use and no additional residential use, a compromised decision in favor of the staff's recommendation pointed to a few basic conclusions about the property: 1. Consistent with policies expressed in the city's plans and regu- lations and.past zoning decisions that areas above 30% slopes shall be excluded from consideration as possible building sites. 2. In considering the remaining area where slopes were less than 30% there was no compelling argument to support drawing the boundary between residential and open space use at any given point along the depth of the property from San Luis Drive. 3. Planned development or other unconventional technique could overcome site constraints in the relative level area, but the base zone determined base use entitlement and the more units allowed in this area, the greater the potential for problems. Such problems included instability of the hillside after grading or removal of vegetation, emergency vehicle access, fuller noise exposure and alteration of drainage patterns which could affect new or existing residences. City Council Minutes March 7, 1978 Page 4 The Planning Commission recommended that three units could be developed on the property, two in the area zoned R -1 -S and one in the remaining A /C -40 area. Finally, the Planning Commission recommended and the staff concurred that the area be zoned and that the general plan be amended to reflect the zoning decision. D.F. Romero, Associate Administrative Officer, stated that there was a very pleasant flat area between the steep hills and Highway 101 which could lend itself nicely to the development of housing. It did not appear reasonable to him that the majority of this flat area should be zoned A /C -40, particularly in view of the severe shortage of housing within the community. He stated that he disagreed with the Planning Commission and planning staff recommendation and suggested instead that all the flat area be zoned R -1 -S, this zoning would give the city ample authority to mitigate any development problems. Mayor Schwartz declared the public hearing open. Tom Maple, representing the property owner, urged the continued zoning to R -1 so that the property available for development could be, with a proper plan, . and not limit a small portion of the area to R -1 -S. He felt that properly developed, an adequate plan could be made of this property, and not leave so much to just plain open space. Alfred H. Snider, San Luis Drive, asked for additional information on the proposed rezoning and any future development and what was going to be done to protect the downstream owners from the constant flooding of San Luis Creek. Mr. Johnson, 2042 San Luis Drive, was opposed to development of anything on this property, particularly the flat area which had been subject to floods. He urged that the City Council allow development on the hillside and not in the flood area which had been.flooded many many times and particularly in the last two weeks. Mayor Schwartz declared the public hearing closed. Councilman Jorgensen stated that he supported the Planning Commission and staff's recommendation for a maximum of three or four units on the parcel due to the sensitivity of the area. Councilman Settle stated that he too would support the Planning Commission and staff's recommendation due to the sensitive area, but felt that future subdivi- sion proposals would answer the questions. Councilman Dunin felt that this was a very sensitive area but, without a development plan or proposal for the council to consider, he could not decide on the recommendation of the Planning Commission of whether three or four units or fifty units would be the proper number. He would like to look at this again when there was some sort of proposal to develop the property. Mayor Schwartz stated that this was a difficult property to zone without the benefit of a development proposal or plan. He did not feel that the Planning Commission would do any better without such a plan if it was sent back and he would go along with the Planning Commission's recommendation until some development plans had been submitted. It was moved by Councilman Jorgensen that the ordinance rezoning the property be introduced to print. Motion lost for lack of a second. There was further council discussion on the best approach of handling this 1 problem. It was moved by Mayor Schwartz, seconded by Councilman Settle, that the consideration of this matter be continued to March 21, 1978, with staff to come up with new zone boundaries and work with the property owner's representa- tive if necessary. Motion carried. 3. At this time the City Council held a public hearing to discuss an alleged traffic visibility problem at the corner of Oceanaire Drive and Los Osos Valley Road caused by a brick garden wall at this location. City Council Minutes March 7, 1978 Page 5 Richard D. Miller, Administrative Officer, reported to the City Council that he had been working with the staff since November, 1977, when Foster Gruber informed the city of a possible visibility problem at the corner of Oceanaire Drive and Los Osos Valley Road. He stated that Mr. Gruber was concerned that cars approaching Los Osos Valley Road must "enter the nearest traffic lane before any cars approaching from the left could be observed due to the impaired visibility caused by a retaining wall recently erected." While the wall had been built in accordance with our corner cut off standards, Mr. Romero, Public Services-Director, still felt it constituted a traffic hazard and his solution was to reduce the height of the 5'6" wall to 30" for approximately 54 feet from the northerly end of the wall. Richard D. Miller agreed with Mr. Romero's proposal and this could be done at the city's cost of approximately $2,000.00. However, Dave Romero stated that this was not satisfactory to the Greenes whose house backs up to the wall. They would like the city to do (1) nothing; or (2) move the wall back 4 feet to the property line and reconstruct it at a height of 6 feet. This would cost the city .$4,500.00. Mayor Schwartz declared the public hearing open. Foster Gruber appeared before the City Council reviewing what he felt was a severe traffic hazard caused by this wall at this location. Sylvia Drucker, Cavalier Lane, agreed that a definite safety hazard existed at this intersection and she felt it should be corrected before someone was killed or seriously injured. Mayor Schwartz declared the public hearing closed. After some discussion with staff, Councilman Settle stated that he would recommend that the city move the wall back 4 feet, to the property line of the property owner as requested. Councilman Dunin stated that he had no comment on the problem. Councilman Jorgensen felt the problem was created by city staff in the original approval of the development and eliminating the 4 feet setback. He felt that he could go along with the moving the wall back 4 feet but not lowering the wall which would take away the privacy of the property owner who was not involved in this problem. Mayor Schwartz stated that he too would support moving the 6 feet wall back to the property line which would improve the sight distance and would remove any potential hazard. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the city move the wall back to the property line, bring the wall up to the 6 feet or to its present height, but get the property owner's approval before any work was done. Motion carried. On motion of Councilman Jorgensen, seconded by Councilman Settle, that in the future the Design Review Board be asked to look into all wall designs in subdivisions, developments, etc. along major thoroughfares, particularly in the setback line. Motion carried. 4. Request from George E. Hoffman, Hidden Hills Mobilodge, for authority to connect the mobile home park to the city sewer system. City Council Minutes March 7, 1978 Page 6 D.F. Romero,:Public Services Director, stated that the mobile home park was presently operating on a small private sewage treatment plant which discharged effluent to a branch of the east fork of San Luis Creek near its crossing with Tank Farm Road. Most small privately operated plants were not able to give consistent good treatment results. Recognizing this, the 1975 Water Quality Control Board permit to the mobile home park required that this discharge to the creek be stopped by April 1, 1979. The Water Quality Control Board staff had written to the owner of the mobile home park requiring action to meet this deadline. The site of the mobile home park was well within the urban reserve line of the general plan within the service area of our submittal for the wastewater treatment plant project report. The implications of these two docu- ments were that the city would both annex and allow sewer service to the area of the mobile home park. He continued that the mobile home park was located approxi- mately 1000 feet west and roughly 15 feet lower in elevation.than the city lift station at the intersection of Tank Farm Road and Broad Street; thus sewer service would be somewhat complicated. He stated that the city had received a number of requests for sewer or water service to properties outside the city along this portion of Broad Street where city mains were already installed. He also stated that the city was attempting to influence county actions regarding planning and development of these properties and finally, that the city was faced with the prospect of a state mandated requirement, under the treatment plant grant, that the city provide sewer service to the area. Considering all these factors, it would appear that the city's best interest would be served by annexing and controlling certain areas along South Broad Street and Tank Farm Road. He recommended: 1. That the city indicate its willingness to accept sewage from the Hidden Hills Mobile Home Park. 2. That the city and applicant enter into a standard agreement regarding city design and construction of the proposed sewer facilities. Facilities would be destined.on the basis of best service to the area consistent with minimum maintenance and operation.costs. 3. Hidden Hills Mobile Home Park agree to annex to the city when requested. 4. Staff investigate and report to the City Council regarding the logical limits of an annexation along Broad Street and Tank Farm Road. Henry Engen, Community Development Director, stated that the Hidden Hills Mobilodge was located in a 1,100 acre area designed rural industrial on the city's general plan and was within the urban reserve line. It was a non- conforming use which was not encouraged to continue. The general plan rural industrial category was intended to accommodate agricultural and industrial activities which required a lot of land with which could be adequately served by private on -site water and sewer systems. The general plan also stated that the city shall not provide urban services outside the city limits nor where more restrictive outside of the urban reserve limit. The recent sewer service extension agreement to serve the County Airport was specifically permitted in the plan and the joint powers agreement was stringently worded to prevent hook -ups beyond the airport. Urbanization of both sides of Broad Street (Edna Road) was not envisioned by the plan, with none of the area west of Broad Street designated as either minor or major annexation areas. He continued that the extension of sewer service to this development would be in conflict with the land use annexation and service policies of the adopted city general plan. Providing service in this case would also set a bad precedent. It could compromise city policy and lead to the city serving whatever development the county might approve within the service area acceptable to the state. The growth- inducing implications of such a reversal of city policy could only be properly gauged by the preparation of a thorough environmental impact report. He recommended on behalf of the Community Development Department that the City Council deny the request for sewer service as being contrary to the city's general plan. Richard D. Miller, Administrative Officer, stated that he supported Henry Engen's position, although the city might be required to serve predeveloped properties within the urban reserve as a condition of our accepting the state - federal 87 1/2 percent sewer grants. City Council Minutes March 7, 1978 Page 7 George Hoffman appeared before the City Council on behalf of their application to get on the city sewer system as he stated that he was informed by the Water Quality Control Board that he could apply for federal grant funds to help defray the cost of extending the sewer lines to meet the city's system. He stated that he was also told that the regional concept had been adopted and approved by the State of California and that they urged him to get hooked up to the city's sewer system. Councilman Settle stated that he would support the planning staff's recommenda- tion of._ no service to this area due to its conflict with the adopted city general plan, growth- inducing, etc. Councilman Dunin stated that he would oppose the sewer service to this mobile home park at this time until all facts were known as to future developments. He would support the recommendation of the planning staff. Councilman Jorgensen was opposed to the recommendation of the Director of Public Services to allow this development to connect to the city sewer collection system. He would support the calm reasoning presented by the planning staff. He felt that the basin plan concept should be removed from federal grant applications and felt the city should only serve its own area. Finally, he did not feel that the city should take on mistakes made by governmental agencies in allowing develop- ment in this case the County of San Luis Obispo. R.D. Miller, Administrative Officer, again explained the staff's action in attempting to modify the basin requirement to serve areas outside the city in order to get a portion.of the federal grant, but only with the city having some control over land use. Mayor Schwartz stated he felt the City Council should accept the recommendation of the planning staff. On motion of Councilman Settle, seconded by Councilman Dunin, that the City ' Council accept the Community Development Director's recommendation, not to accept or allow the mobile home park property to hook up to the city's sewer system and also felt that the city staff should provide clarification of the basin service policy. Motion carried, all ayes. Councilman Petterson absent. City staff was directed to review the entire conditions of serving sewer outside the city as a condition for receiving federal grants, etc. 5. Request from the Bishop of Monterey requesting the City Council rescind Resolution No. 1241, a resolution of intention to abandon a portion of Kreb Street was continued to April 4, 1978, at the request of the applicant. 6. At this time the City Council considered the tentative parcel map for Minor Subdivision No. 77 -408. Dan Smith, Senior Planner, stated that the proposed parcel map was to adjust lot lines for three parcels at the intersection of Lizzie Street and Wilding Lane. He stated that the-site was at the northeasterly end of Lizzie Street and Wilding Lane. One older residential structure (historical adobe) was located across the existing lot line between parcels 1 and 2. The site was generally sloping, had a minor creek running through a portion and contains significant vegetation, including many large trees. The request was to adjust lot lines. No new parcel would be created and no new development was proposed on the parcel at this time. The adobe on parcel 2 was probably the oldest adobe residence still in existence in San Luis Obispo County which was erected in 1782. The lot line between parcels 2 and 3 had been adjusted to accommodate the future right -of -way for Lizzie Street extended. A 20 ft. easement for drainage and maintenance purposes had been placed over the City Council Minutes March 7, 1978 Page 8 creek running along the property line between parcels 2 and 3. On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3518 (1978 Series), a resolution of the council of the City of San Luis Obispo granting tentative approval of Parcel Map 77 -408, 1550 and 1590 Lizzie Street. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin, and Mayor Schwartz NOES: None ABSENT: Councilman Petterson 9:10 P.M., Mayor Schwartz called a recess. 9:20 P.M., the meeting reconvened with all councilmen present; Councilman Petterson absent. 7. At this time the City Council considered a recommendation from the Planning Commission approving Tentative Tract Map No. 687, a 168 lot residential subdivision on about 68 acres of property bounded by the South Street Hills, Meadow Street, South Street and KATY Street; Gann Investments, subdivider. Dan Smith, Senior Planner, reviewed for the City Council the proposal as approved by the Planning Commission. Dan Smith reviewed the background and history of this development which started out as the South Street Specific Plan. He explained that the present developer was planning to divide the subdivision into four phases, each phase included specific land dedication and utility extensions required for the development of each particular area. The timing of the phases as proposed by the subdivider was Phase lA and 1B during 1978; Phase 2 during 1979; and Phase 3 during 1980. As the tentative tract map approvals were only valid for one year, the phasing contemplated a time extension request for Phase 3 for an additional 18 months. He then reviewed on the map, the open space land dedication and improvements with the tentative map, the street layout, the required utilities which involved three off -site improvements to serve the development: 1. The extension of a 12 -inch water main in South Street from Meadow Street to Woodbridge and thence in Woodbridge to an existing 12 -inch water main at the west boundary of the tract. 2. Installation of an 8 -inch water main in Caudill Street from Lawton to Meadow to replace substandard 2 -inch line. 3. Installation of an 8 -inch water main in Meadow Street from Funston to Woodbridge. He then reviewed with the City Council, variances and waivers requested by the developer and recommended by the Planning Commission. 1. The sidewalks and street trees be waived at Woodbridge Street adjacent to Lot G, the unimproved open space; because there would be no develop- ment on that side of Woodbridge, sidewalks would be useless. Street trees would add nothing and in fact may detract from the informal natural open space area of the street. City Staff recommended that council approve the waiver. , 2. The applicant requesting variance from lot . size on certain lots. There are five lots which do not comply with minimum standards. The percentage of cross slope is shown on each lot along with the size of the lot in bracketed figures with the required lot size. Because of the following circumstances staff recommends approval of the variance: City Council Minutes March 7, 1978 Page 9 1) The average cross slope of these lots is higher than the front portions where a suitable building area is available without excessive grading. 2) The lots can be limited to grading for driveways and building foundations only which leaves a majority of the area of the lots in a natural state including the upper portions. 3) City Architectural Review Commission approval of lot development can be imposed to insure sensitivity of development. The Environmental Impact Report certified by the council as part of the approval of the South Street Specific Plan revision indicated two significant adverse impacts: 1. The projected elementary school student population within the project would exceed the present capacity of Hawthorne and Emerson Schools. 2. The project would use a significant portion of the city's water resources. The city E.I.R. guidelines require that, where significant findings are identified, a project may not be approved unless one of the following conditions are made: 1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final E.I.R. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. 3) Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the 1 final E.I.R. With respect to the elementary school capacity, staff felt that the resolution of the problem lay with the school district who had been aware of the situation since 1975 when the original South Street Specific Plan was adopted. The finding recommended by staff was that the responsibility and jurisdiction was that of another public agency. As indicated previously the density of the South Street Specific Plan was reduced by virtue of the most recent amendment which would help mitigate the impact on city water resources. Finally, he stated that the Planning Commission in recommending approval of the tentative tract map required that the map be revised to: 1) Eliminate one lot in the steep slope area at the end of Sendero Court. 2) Realign lots 141 and 142 to avoid relocating a small drainage channel and; 3) Adjust lot lines at the end of Cima Court to provide for drainage between lots per city engineer's recommendation. Finally, the staff and Planning Commission recommended that the City Council adopt the attached resolution approving tentative tract map 687 subject to findings and conditions established by the Planning Commission. R.Strong,.Planning Consultant for the developer, stated that the developer had no real objection to the Planning Commission's conditidns except Item 8 dealing with the additional paving along Meadow Street; Condition 24, requiring the subdivider to extend the 12 -inch water main in South Street across Meadow Park frontage and condition 25, which required the subdivider to install an 8 -inch water line in Meadow Street from Funston to Woodbridge Street, also across Meadow Park frontage. City Council Minutes March 7, 1978 Page 10 He stated that on behalf of the developer, they objected to the developer being required to fund these off -site improvements as they felt that the city should participate in the water line which went in front of the city park property. He did not feel it was fair for the developer to be required to pay this extra cost. Councilman Dunin questioned the developer's method of handling sheet flows, flooding and other problems associated with drainage and flooding on the downstream properties from this tract. He felt that he could not approve this subdivision until some mitigating solution was submitted to the city by the developer to relieve the downstream property owners. D.F. Romero, Public Services Director, agreed that few city drainage facilities were capable of handling a 100 -year storm. He felt that if the city delayed approval of developments until all downstream facilities could handle a 100 -year storm, then nothing could be developed. He felt that the city should attempt to obtain adequate improvements within each subdivision as it developed. Rob Strong, Consultant for the developer, reviewed condition 18 as established by the Planning Commission which stated that the subdivider's engineer would submit a hydrology study with calculations supporting the design of the drainage facilities within this tract to support a 100 -year storm. Councilman Jorgensen felt that this was a good development. He stated that it was the best that he had seen in the city in a long time. He congratulated the developer on a job well -done. He felt that the developer should extend the 12 -inch water line and then ask the city for reimbursement under the city's deficiency program. He also felt that lots that were receiving variances should be carefully developed so that the development was in the front portion or lower part of the lot and that possibly a protective type of easement should be established on the back of the lots to avoid flooding, cuts, etc. Jack Kellerman, Chief Building Inspector, suggested that the tentative tract map be given consideration to drainage and flooding problems and not when the individual lot was developed with a house, because then it became the Building Department problem. He hoped that all lots would drain to the street and not require drainage easements or facilities between lots. On behalf of the Catholic Church, Mr. Kellerman asked that the council be aware that all water from this proposed development would ultimately be forced through a drainage ditch in the cemetary property to an inadequate drain under Higuera Street which had been causing flooding problems at the cemetary for years and hoped the council would require the development to take care of flooding on its own land. Councilman Jorgensen stated he supported the tract with all the conditions recommended by the Planning Commission staff and hoped that the council would consider a special setback easement to protect the rear or south boundary of the subdivision. R. Strong again referred to Condition 33 which would take care of Councilman Jorgensen's worry, rather than have the lots burdened with easements. Councilman Settle stated that he would support the tract. As he had seen it evolve over the year, it was better and better.' He also worried about the flooding but he felt the staff's recommendation on mitigation was the answer and he would support the conditions numbered 8, 24 & 25. On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3519 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative tract 687, located at South Street between Meadow and KATY Streets, including findings and conditions as follows: City Council Minutes March 7, 1978 Page 11 FINDINGS: 1) The proposed map is consistent with applicable general and specific plans. 2) The design or improvement of the proposed subdivision is.consistent with applicable general and specific plans. 3) The site is physically suitable for the type of development. 4) The site is physically suitable for the proposed density of the development. 5) The design of the subdivision and the proposed-improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6) The design of the subdivision or the type of.improvements is not likely to cause serious public health problems. 7) The design of the subdivision or the type of improvements will not conflict with the easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8) The significant adverse impact to Hawthorne and Emerson Schools identified within the project E.I.R. is within the responsibility of another jurisdiction. 9) The significant adverse impact to city water supply was mitigated in part by a. reduction in project density from previously adopted specific plan for the project area. 10) A variance from minimum lot size for one lot at the end of Cumbre Court 1 and three lots at the end'of Sendaro Court is justified because: a) Special conditions limiting grading on the lots and requiring Architectural Review Commission approval for building are imposed as conditions of the variance. b) The lots register a steep cross slope because the rear of the lots fall within a steeper sloped area whereas the front portions of the lots are flatter and provide a suitable building area. c) The variances are not contrary to the spirit and intent of the subdivision regulations requiring larger lots in stee er slopes to ensure a buildable area for house construction. CONDITIONS: 1) Sidewalks and street trees are hereby waived along all of the frontage of Lot G, an unimproved open space area to be dedicated to the city. In lieu of sidewalks, a three ft. level area behind the curb shall be provided with provisions for control of drainage per city engineer. a) A paved all- weather access road to all sewer manholes. b) A detailed landscape plating schedule. c) A design for a permanent underground irrigation system. 2) A wall height exception is hereby granted to permit a six foot wall in the required street yard setback along the South Street frontage for lots 57, 58, 59, 98, 99, 166, 167 and 168. 3) The subdivider shall submit for City Council approval a detailed landscape/ improvement plan for lots A, C, D, E and F. The plan shall be prepared by a licensed landscape architect and shall include: a) A paved all- weather access road to all sewer manholes. b) A detailed landscape plating schedule. c) A design for a permanent underground irrigation system. City Council Minutes March 7, 1978 Page 12 d) Pedestrian pathway system, benches, picnic tables, signs and other park furniture. e) Access roads for creek maintenance. f) Surface and subsurface drainage structures. g) Interim maintenance agreements with the subdivider. h) An erosion control plan and landscape planting plan for the South Street channel. This plan shall be approved prior to the final map approval of Phase 1B. 4) The subdivider shall prepare for City Council approval a detailed landscape /irrigation plan for the median strip in Woodbridge Street and for the parkway along South Street (includes meandering sidewalk design) and a wall design for the South Street frontage and the rear of lots 56 and 57 adjacent to the park. This plan shall be approved prior to final map approval of Phase 1B. 5) The subdivider shall dedicate 20 ft. -.of right -of -way along the entire South Street frontage, install curb, gutter and sidewalk and pave out to the new curbline. 6) The subdivider shall install landscape planting and underground irrigation system in the median island in Woodbridge Street and the South parkway and shall construct the screen wall along South Street frontage (on lots) and rear of lots 56 and 57. 7) The subdivider shall install landscape planting and park improvements (no irrigation system) in lots A, C, D, E and F consistent with City Council approved plan prior to dedication. 8) The subdivider shall dedicate additional right -of -way along Meadow Street frontage for a 56 ft.-..-right-of-way. Curb, gutter and sidewalks shall be installed on tract frontage. The street shall be paved full width with A.C. berm to control drainage subject to city engineer approval. 9) The.subdivider shall dedicate lots A through G to the city. Lot B shall be dedicated as a part of Phase 1A. 10) Wood fences to the approval of the community development director shall be installed along the rear lot lines (on the lots) all single - family lots adjoining public open space and the side lot lines of lots 89 and 142 (R -2 lots) adjoining public open space. 11) Street trees shall be provided on all street frontages. 12) Fire hydrants shall be provided as required by the city fire marshal. 13) Access rights to South Street from adjoining lots shall be dedicated to the city by way of a one foot reserve strip. 14) Stop signs and other traffic control devices shall be provided throughout where determined to be necessary by the city engineer. 15) All utilities in the tract shall be underground in easement as required by utility companies. 16) Water and sewer charges shall be paid as determined by the city engineer prior to recordation of final map(s). 17) Utilities shall conform to P -4 drawing for alignments unless otherwise approved by the city engineer. 18) The subdivider's engineer shall submit a hydrology study with calculations supporting the design of the drainage facilities within this tract to support a 100 -year storm. City Council Minutes March 7, 1978 Page 13 19) Hydromulching shall be provided prior to completion of tract improvements or on demand of city engineer. 20) A soils report shall be submitted to the city engineer. 21) Subdivider shall install an 8 -inch water main in Caudill Street from Lawton to Meadow Street as a part of Phase 1A. 22) Number of valves in water mains shall be subject to approval of the city utilities engineer. 23) Subdivider shall install 8 -inch water line in Meadow Street from Caudill to Mitchell Streets. 24) Subdivider shall extend 12 -inch water main in South Street from Meadow Street to Woodbridge (Phase 1B and 2). 25) Subdivider shall install an 8 -inch water line in Meadow Street from Funston to Woodbridge Streets as a part of Phase 1B. 26) South Street channel shall be lined with stacked concrete rubble for erosion control and landscaped subject to approval of the City Council as a part of the required landscape plan. 27) South Street channel shall be dedicated to the city for access and maintenance. 28) Final grading plan shall be approved by the community development director. 29) Radio tower and support buildings shall be removed as a part of Phase 2. 30) Lot 96 shall be combined with Lot .F and dedicated to the city as a 1 part of Phase 2 unless the applicant's request for amendment of the specific plan is approved to allow development of lot 96. 31) Lots fronting Sendaro Court and Cima Court shall be adjusted as per Exhibit A attached. 32) Lots 116 through 142 shall not be graded except for driveways and within building foundations. The following note shall be placed on the subdivision map: "Grading on these lots is not permitted without special approval of the director of community development of the City of San Luis Obispo." 33) Lots 118 -122, 127 -131 and lots 136 -140 shall be considered sensitive sites and shall be subject to city Architectural Review Commission approval. 34) Additional drainage facilities shall be provided as follows: a) A drainage structure shall be provided to carry drainage across lot 109. b) A curb flow reducer and diverter shall be provided for the drainage channel at Woodbridge Street next to lot 142. c) Lots abutting the south property line of the development shall be responsible to accept and convey sheet flow drainage from the adjoining hillside to the adjacent streets. A note to this effect shall be placed on the final subdivision map. 35) All graded lots not draining to a natural water course shall be graded to drain to the street. 36) Subdivision is granted full credit for park land dedication. City Council Minutes March 7, 1978 Page 14 37) Setbacks shall comply with zoning requirements unless otherwise allowed by Board of Adjustments. 38) Final subdivision map shall reflect required revisions per.Exhibit A. Also included was that condition 33 be amended by adding "homes be built in lower portion of lot." Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson Councilman Dunin asked that the staff prepare a report on the flooding effects on property downstream from Tract 687. 8. . Request by Michael Krout for council consideration of an amendment to the fire zone ordinance by changing the area comprising one -half the block bounded on the northeast by Johnson Avenue, the southwest by Toro and on the southeast on Higuera Street from Fire Zone I to Fire Zone II. He stated that in the process of remodeling a building at 1264 Higuera Street with a recognized building permit, that in February the work was stopped when an interpretation of the replacement of a covered porch in the area would be in conflict with the UBC regarding the type of construction based in the build- ing's location, Fire Zone I.. He continued that the architects, Merriam, Deasy and Whisenant, Inc., had met with the building inspector and fire marshal regarding a change in the Fire Zone I based on the number of good and useable structures in the same block and that they had no objection. The request for amendment to the zone was prepared by the staff, but somehow never reached the City Clerk in order to be placed on the agenda for the council's consideration this evening. Mikel J. Park, Fire Marshal, stated that he had no problem with approving the zone change from Fire Zone I to Fire Zone II, although he felt it should affect the entire 1200 block of Higuera, but not the half.on Monterey Street. Jack Kellerman, Chief Building Inspector, stated that as long as the Fire Department does not object to the change, he would have no reason to oppose it. J.R. Whisenant, Architect for Mr. Krout, reviewed the problem to the council which brought up the request to amend the Fire Zone Map. On motion of Councilman Dunin, seconded by Councilman Settle, the following ordinance was introduced to print: Ordinance No. 745 (1978 Series), an ordinance of the City of San Luis Obispo amending the Fire Zone Map. Introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson CONSENT ITEMS: C -1 On motion of Councilman Dunin, seconded by Councilman Settle, claims against the city for the month of March 1978 were approved subject to the approval of the Administrative Officer. Motion carried. City Council Minutes March 7, 1978 Page 15 Baker Corporation EST. 411 $42,620.62 PEACH STREET WATER LINE C.P. 41B -17 Gulf Seal Corporation EST. 412 $30,978.75 WATER RESERVOIR NO. 1 C.P. 4137 -77 Fred Julian & Associates EST. 412 $ 9,576.90 FLORA STREET EXTENSION C.P. 413 -77 & 6 -77 C -4 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3520 (1978 Series), a resolution of the Council of the City of San Luis Obispo of intention to grant a cable television franchise. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -5 On motion of Councilman Dunin, seconded by Councilman Settle, the six month progress report on workability of the recently adopted Traffic Ordinance was ordered received and filed. Motion carried. C -6 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3521 (1978.Series), a resolution of.the Council of the City of San Luis Obispo approving an agreement between the City and Schenberger, Ross & Taylor, Incorporated for an appraisal of property generally bounded by Palm, Monterey, Osos and Chorro Streets. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -7 On motion of Councilman Dunin, seconded by Councilman Settle, the 1 following resolution was introduced: Resolution No. 3522 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the City of Santa Barbara for a Joint Narcotic Addict Apprehension and Rehabilitation Program. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -2 on motion of Councilman Dunin, seconded by Councilman Settle, the following minutes of the City Council were approved: January 3, 10, 16 (12:10 p.m. & 4:15 p.m.) and January 17, 1978 C -3 On motion of Councilman Dunin, seconded by Councilman Settle, the following contract pay estimates were approved and ordered paid: ' Bailey Construction Co. EST. 416 $16,334.82 FIRE STATION NO. 4 C.P. 41B -03 Baker Corporation EST. 411 $42,620.62 PEACH STREET WATER LINE C.P. 41B -17 Gulf Seal Corporation EST. 412 $30,978.75 WATER RESERVOIR NO. 1 C.P. 4137 -77 Fred Julian & Associates EST. 412 $ 9,576.90 FLORA STREET EXTENSION C.P. 413 -77 & 6 -77 C -4 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3520 (1978 Series), a resolution of the Council of the City of San Luis Obispo of intention to grant a cable television franchise. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -5 On motion of Councilman Dunin, seconded by Councilman Settle, the six month progress report on workability of the recently adopted Traffic Ordinance was ordered received and filed. Motion carried. C -6 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3521 (1978.Series), a resolution of.the Council of the City of San Luis Obispo approving an agreement between the City and Schenberger, Ross & Taylor, Incorporated for an appraisal of property generally bounded by Palm, Monterey, Osos and Chorro Streets. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -7 On motion of Councilman Dunin, seconded by Councilman Settle, the 1 following resolution was introduced: Resolution No. 3522 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the City of Santa Barbara for a Joint Narcotic Addict Apprehension and Rehabilitation Program. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson City Council Minutes March 7, 1978 Page 16 C -8 On motion of Councilman Dunin, following resolution was introduced: resolution of the Council of the City appropriations for the 1977 -78 fiscal the operation of Salinas Reservoir an Reservoir. seconded by Councilman Settle, the Resolution No. 3523 (1978 Series), a of San Luis Obispo adjusting water fund year to provide additional funding for i water distribution from Whale Rock Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -9 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3524 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund and enterprise fund appropriations for the 1977 -78 fiscal year to provide additional funding for the city's insurance program. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -10 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3525 (1978. Series), a resolution of the Council of the City of San Luis Obispo authorizing the appropriations of unds received under the Federal Antirecession Assistance Act to maintain basic service and levels of public employment. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -11 On motion of Councilman Dunin, seconded by Councilman Settle, the claim against the city by Robert Hines, 208 Boeker Street, Pismo Beach, was denied and referred to the insurance carrier. Motion carried. C -12 On motion of Councilman Dunin, seconded by Councilman Settle, the claim against the city by Gerald Thomas Reynolds, 1831 Garden Street, X66, San Luis Obispo, was denied and referred to the insurance carrier. Motion carried. C -13 On motion of Councilman Dunin, seconded by Councilman Settle, the claim against the city by John and Lavinia Boriak was denied and referred to the insurance carrier. Motion carried. C -14 On motion of Councilman Dunin, seconded by Councilman Settle, the claim against the city by Mrs. Dorothy Bilodeau, 1720 Johnson Avenue, San Luis Obispo was denied and referred to the insurance carrier. Motion carried. �J 1 1 City Council Minutes March 7, 1978 Page 17 BID ITEMS: B -1 The City Clerk reported on-the following bids received for the " SINSHEIMER POOL COMPLEX AT SINSHEIMER PARK, SOUTHWOOD PARK," San Luis Obispo; Bid estimate $822,530.00 less Alternate 1, $680,818.00: J.W. Bailey Construction Company P.O. Box 506 Santa Barbara, CA. 93102 Bunnell Construction 101 Suburban Road San Luis Obispo, CA. 93401 Don.. Greene Contractor P.O. Box 4277 Santa Barbara, CA. 93103 R. Burke Corporation P.O. Box 957 San Luis Obispo, CA. 93401 $ 993,921.00 Base Bid 91,280.00 Alternate No. 1 $1,015,000.00 Base Bid 63,000.00 Alternate No. 1 $1,054,000.00 Base Bid 73,000.00 Alternate No. 1 $1,290,000.00 Base Bid 103,000.00 Alternate No. 1 Communication from Jim Stockton, Director of Parks & Recreation, informing the City Council that the City had thirty (30) days after project bid opening to accept an interim contract and he would request that the consideration of the swimming pool bids by the city be postponed until the meeting of March 21, 1978 for the following reasons: 1. In deference to the hundreds of volunteer hours logged by residents of the community on this project, that they be allowed this extra time to list and verify their donated source of contributions for presentation to the council at this meeting. .2. This additional time would allow city staff to meet with the architect to discuss alternates, if any, and evaluate bids by item as received. 3. The Park and Recreation Commission could discuss and recommend to the council at their Regular Meeting of March 8, 1978. 4. Joint committee could discuss and recommend to the council at the Regular Meeting of March 10, 1978. This would allow staff, interested public and all committees and commission that played a part in the past to have their final thinking heard prior to council taking action. On motion of Councilman Jorgensen, seconded by Councilman Settle, consideration of the swimming pool bids were continued to March 21, 1978. B -2 The City Clerk reported on the bid received for the JOHNSON AVENUE AND LAUREL LANE TRAFFIC SIGNALS SYSTEM, City Plan No. B -07, SS 243; Bid estimate $48,000.00 (excluding contingencies and engineering fees). Lee Wilson Electric Company $40,604.00 P.O. Box 250 Arroyo Grande, CA. 93420 On motion of.Councilman Jorgensen, seconded by Councilman Settle, that the city accept the low bid of Lee Wilson Electric Company and award the contract. Motion carried. B -3 City Clerk reported on bids received for VARIOUS CHEMICALS for the sewer and water treatment plants: ITEM 1 - ACTIVATED CARBON McKesson Chemical Co. P.O. Box 2647 Fresno, CA. 93726 $5,088.00 City Council Minutes March 7, 1978 Page 18 ITEM 2 - LIQUID CHLORINE Coastal Ag -Chem P.O. Box 775 Paso Robles, CA. 93446 McKesson Chemical Company P.O. Box 2647 Fresno, CA. 93726 ITEM 3 - SODA ASH (DENSE GRADE) Stauffer Chemical Company 3250 Wilshire Blvd., Suite 1800 Los Angeles, CA. 90010 McKesson Chemical - Company P.O. Box 2647 Fresno, CA. 93726 Los Angeles Chemical Co. 4545 Ardine Street South Gate, CA. 90280 ITEM 4 - GROUND ALUMINUM SULPHATE Allied Chemical Company 100 Pine Street San Francisco, CA. 94111 Los Angeles Chemical Company 4545 Ardine Street South Gate, CA. 90208 Stauffer Chemical Co. 3250 Wilshire Blvd., Suite 1800 Los Angeles, CA. 90010 McKesson Chemical Company P.O. Box 2647 Fresno, CA. 93726 ITEM 5 - SODIUM SILICO FLUORIDE (DOMESTIC ONLY) NO BIDS RECEIVED ON THIS ITEM. $28,100.00 $28,950.00 $14,299.00 $98.00 per Ton (F.O.B. West End, California - freight for buyers account. Price subject to change first day of each calendar quarter). $16,964.00 $34,740.00 $35,705.25 $34,805.00 $138.00 per Ton (F.O.B. San Francisco. Price subject to change at time of shipment) On motion of Councilman Jorgensen, seconded by Councilman Settle, -that the city accept the bids and award to the lowest responsible bidder. Motion carried. ITEM A The City Council adjourned to Executive Session (personnel). The City Council reconvened in Regular Session and adjourned to Tuesday, March 14, 1978, at 7:30 P.M. APPROVED: April 18, 1978��, �iJH. Fitzpatrick, City Clerk 1