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
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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
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