HomeMy WebLinkAbout06/08/1978City Council Minutes
June 8, 1978
Page 2
would be detrimentally affected. He felt this was a historically valuable
area of the town and substantial renovation was currently underway. He felt he
agreed with the concept of a plan line for future widenings, but he also felt
that if anyone thought about it very carefully, this particular widening
would never come to.pass.
Wayne Peterson, City Engineer, stated that the City was still working on the
circulation element of the general plan and the consultant had finally submitted
some preliminary studies and, until that element was completed, it would seem
inappropriate that any existing plan line would be abandoned. He therefore
recommended that the request of Rob Rossi, Etal, be denied until such time as
a circulation element was approved.
Wayne Peterson concluded by saying that he thought it was inappropriate to
consider one street widening proposal out of context with other street widening
proposals as the elimination of one route would have an effect on other routes
and the elimination of an effect on one neighborhood would have an effect on
other neighborhoods. Because of these and other considerations, it all should
be looked at at one time.
On motion of Councilman Petterson, seconded by Councilman Settle, that the
request be received and filed and that the property owner ask for reconsideration
when the circulation plan has been completed and adopted.
7. At this time the City Council considered the staff report and recommend-
ations on the report of the Ad Hoc - City -Cal Poly Housing Committee dealing with
housing limits and unrelated DeoDle.
Councilman Petterson left the meeting due to a possible conflict of interest.
The City Clerk presented a letter from Henry A. Case and Doreen Case, 244
Albert Drive; and Kenneth M. Fuller and Rosalie M. Fuller, 1525 Slack Street,
urging that the City Council, while they were deliberating any changes to the
ordinances to enforce the existing ordinances on the number of unrelated people
who could live in residential areas.
Henry Engen, Community Development Director, presented the staff recommendations
of the respective city departments to each of the Ad Hoc Committee's eight
recommendations:
1. A unit with two or more bedrooms in the R -2, R -3, R -4, and R -h zones
may be occupied by four unrelated persons.
2. Use permits be issued in all residential zones to allow more than
three unrelated persons to occupy a dwelling unit where it can be
justified.
The city staff submitted two proposed amendments to the zoning ordinance for
the Council's consideration:
Alternate I - Would open up all residential districts in the city to
application for more than three unrelated - persons occupancy.
This approach was not recommended due to the volume of paperwork it would gener-
ate together with the threat it would represent to the integrity of the R -1
neighborhoods.
Use of an occupancy affidavit with the owner attesting to compliance with
basic minimum standards was recommended by staff in each alternate to reduce
the amount of staff work while still obtaining a file on certain three -plus
occupancies.
He then submitted a report to the City Council of the permits required and
the number of estimated households under Alternate I and Alternate II proposals.
City Council Minutes
June 8, 1978
Page 3
He felt that the chief characteristic of Alternate II was that it would retain
the maximum limitation of three - unrelated individuals in the R -1 districts while
liberalizing all other residential occupancy limits to four - unrelated individuals
for two - bedroom units (no permit necessary), five - unrelated individuals (occupancy
affidavit), and six or more unrelated individuals (Planning Commission Use Permit).
It was estimated by the Community Development Department that costs would be
approximately $27,000 for Alternate I (which included 1/2 planning assistant,
1/2 planning technician, and 1/2 clerk- typist II) and $11;300 for Alternate II
(1/4 planning technician and 1/2 clerk - typist ). In addition, legal work on
Alternate I's 600 permits was estimated at $12,000 and at $3,400 for 170 permits
under Alternate II.
3. An advertisement outlining the provisions of the Ordinance be published
stating that it was possible to obtain use permits through already
.established procedures if an exception to the general plan occupancy rule
can be justified. The ad should be placed in the Telegram Tribune and
the Mustang Daily at the beginning of each Cal Poly quarter, and also
published at the beginning of each Cuesta College semester in the
Cuestonian.
The staff recommended that the cost of quarterly five -day runs in each of the
three papers was estimated at $500.00 per year. This cost included the estimates
indicated in the analysis of committee recommendations #1 and #2. The City's
Newsletter should also be used together with local real estate organization pub-
lications.
4. Enforcement should.be on a complaint basis
(a) Landlords shall be responsible for violations of the ordinance
which specifies the number of unrelated individuals per
dwelling.
(b). Landlords shall be responsible for maintaining the property
in compliance with the existing codes.
(c) Tenants.shall be responsible for violations such as "disturbing
the peace" or other nuisance.ordinances.
The staff recommended that the proposed zoning amendment and existing nuisance
ordinance would accomplish the above, consistent with the City Council's
January 10,:1978 policy. The Police Department had obtained the decibel meter
authorized at that time.
5. The Police be given the power to issue citations to the heads of
households for violating noise or other nuisance ordinances. The
fine for the citations to be $25.00.
The staff recommended that persons who might be cited for such violations would
be those in charge of the premises or those actively causing the disturbances.
6. All single - family rented housing in the city.shall pass a fire safety
inspection. The City Fire Department be charged with carrying out
this inspection and its cost be paid by the property owner.
The staff recommendation stated that the Fire Department's primary concern was
with rental housing containing larger number of occupants. The proposed occupancy
:affidavit and use.permits provided the Fire Department with.the presently lacking
authorization to inspect such premises upon reasonable notification. These were
13,560 dwellings in the city and 50% of them were rented. The Fire Department
estimated it would take 1 1/2 inspectors at an annual salary cost of $18,000 per
year -- one year to inspect 2,480 dwellings. The staff recommendation was that
this matter be dropped.for city -wide single - family rentals in favor of the focus
on the five -plus unrelated and group quarters housing.
City Council Minutes
June 8, 1978
Page 4
7. The City Council support Cal Poly's efforts to move ahead as
quickly as possible to develop married student housing.
The staff commented that this opinion had been conveyed to the Campus Planning
Committee prior to the Ad Hoc Committee's recommendation.
8. The City Council support and encourage the ASI at Cal Poly to
follow through in setting up the proposed Student Mediation
Board that would act as a mediator and consulting group in any
reported problems between students and non- students. The
complaining parties should report the matter to the Student
Mediation Board first, unless immediate action was required which
then becomes a case for the police.
Staff recommended that the City endorse University efforts and that the City
Clerk be directed to formally communicate such sentiments to President Kennedy.
Henry Engen then again reviewed the legislative drafts for.Alternate I (Dwelling -
Unit- Occupancy amendment to the zoning ordinance) and legislative draft for
Alternate II (Amendment to the zoning ordinance on dwelling- unit - occupancy limit).
Mayor Schwartz stated that he felt the best way to review these matters were to
take the Ad Hoc Committee's recommendations, the staff's analyses and recommend-
ations on each, and starting from the rear (No. 8) which seemed the least contro-
versial and working up to No. 1, at which time the public would have the opportunity
to discuss each matter.
Ad Hoc Committee Recommendation No. 8 - After discussion, it was approved by
Council consensus 3 -0.
Ad Hoc Committee Recommendation No. 7 - Approved by Council consensus 3 -0.
Ad Hoc Committee Recommendation No. 6 - It was amended as follows: "All single -
family rented housing in the City for which a use permit or affidavit of occupancy
has been issued for five or more unrelated and group quarters housing shall pass a
fire safety inspection. The City Fire Department be charged with carrying out
this inspection and its cost be paid by the property owner."
The City Council approved Ad Hoc Committee Recommendation No. 6 as amended 3 -0.
Ad Hoc Committee Recommendation No. 5 - It was amended by eliminating the last
sentence "The fine for the citations to.be $25.00. ". The amended section would
read: "(5) Police to be given the power to issue citations for violating
noise or other nuisance ordinances."
Ad Hoc Committee Recommendation No. 4 - Amended as follows: "Enforcement shall
be on a complaint basis, from neighborhood area.
(a) Landlords shall be responsible for violations of the ordinance.
(b) Landlords shall be responsible for maintaining the property in
compliance with the existing codes.
(c) Tenants shall be responsible for violations of nuisance ordinances."
Amendment accepted 3 -0.
Ad Hoc Committee Recommendation No. 3 - Approved by consensus except to drop
the word "use" on the second line before permits.
Approved 3 -0.
Council concurred with staff recommendation to drop Alternate I Amendment 9200.1
of the Municipal Code on a 3 -0 vote.
The City Council accepted Alternate II, amendment to the Municipal Code 9200.1
on a 3 -0 vote.
City Council Minutes
June 8, 1978
Page 5
Mr. Busselin, member of the Ad Hoc - City -Cal Poly Housing Committee, also.stated
that the majority of the housing task force recommended the adoption of Alternate
II.
The City Council and staff then discussed, with the public present, some of the
ramifications of the Ad Hoc Committee's recommendations as amended by the City
Council upon recommendation of the City staff.
Mayor Schwartz suggested that Alternate II, the amendment to Section 9200.16(I)
of the Municipal Code should be amended; paragraph 2a to include a requirement
for an occupancy affidavit, and that Section 2b be amended to require a use
permit subject to the Board of Adjustment hearing for five or more unrelated
individuals subject to specific conditions for two or three years occupancy with
appeal to the Planning Commission.
Again the City Council and public present discussed the implication of the
amendments.
On motion of Councilman Settle, seconded by Mayor Schwartz, that the City Council
tentatively approve Alternate II (Dwelling Uni5 Occupancy Limit Amendment to the
Municipal Code) with subparagraph one.- R -1 districts to remain as is; paragraph
2a -- to add the occupancy affidavit. Combine paragraphs 3a and 3b subject to a
use permit and that use permits and occupancy affidavits be on a three -year
renewable permit.
Councilman Dunin stated that he was opposed to the amendment or the City
adopting additional ordinances as he felt after questioning staff members that
no more enforcement would be given the new ordinance then had been given to
existing city codes and he felt that he did not wish to burden the public with
additional laws when he felt the City would not enforce the ordinance.
Motion lost on the following roll call vote:
AYES: Councilman Settle and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: Councilmen Petterson and Jorgensen
Mayor Schwartz continued consideration of this matter to June 20, 1978, Council
Meeting.
8. Request of the B.I.A. to change parking meters on Pacific Street from
2 -hrs. to 5 -hrs. and time limits in parking lots from 2 to 5 hours. (Continued
from April 4, 1978). This item was again continued to June 20, 1978 at the
request of Beth Law, President - B.I.A.
9. The recommendations of the Mass Transit Committee were continued to June 20,
1978.
10. On motion of Councilman Settle, seconded by Councilman Dunin, the following.
resolution was introduced: Resolution No..3586 (1978 Series), a resolution of
the Council of the City of San Luis Obispo approving the following map of Tract
No. 609 authorizing execution of the Subdivision Agreement, located on Mission
Lane.
Passed and adopted on the following roll call vote:
1 AYES: Councilmen Settle, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilmen Petterson and Jorgensen
City Council Minutes
June 8, 1978
Page 6
11. On motion of Councilman Settle, seconded by Councilman Dunin,.the .
following resolution was introduced: Resolution No. 3587 (1978 Series), a
resolution of the Council of the City of San Luis Obispo approving the final
map of Tract No. 642 (Cedarwood), located at 1295 Los Osos Valley Road.
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilmen Petterson and Jorgensen
There being no further business to come before the City Council, Mayor Schwartz
adjourned the meeting to 12:10 p.m., Monday, June 12, 1978.
APPROVED: July 18, 1978 St'
i. zpatrick, City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, JUNE 12, 1978 - 12:10 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
Roll Call
Councilmen
PRESENT: Ron Dunin, Steve Petterson and Mayor Kenneth E. Schwartz
ABSENT: Jeff Jorgensen and Allen Settle
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer;
Henry Engen, Community Development Director; Dave Romero, Public
Services Director; Roger Neuman; Police Chief; Richard Minor, Fire
Chief; R. Muravez, Finance Director; Jim Stockton, Director of
Parks & Recreation; Gordon-Johnson, Personnel Director; Wayne
Peterson, City Engineer
1. The City Council continued their consideration of the Proposed 1978 -79
Budget, starting with Page III -1 through Page IV -25..
1:45 p.m., Councilman Settle arrived at the meeting.
On motion of Councilman Dunin, seconded by Councilman Petterson, that one Park
Maintenance Worker be added to Account No. 50 -11 -5701, on seasonal basis,
equivalent to one person for one year. Motion carried with Councilman Settle
voting no and Councilman Jorgensen absent.
2. On motion of Councilman Dunin, seconded by Councilman Settle, that the
City grant $5,000 to continue the School District Program to keep cost down to
youngsters using Nuss Pool, including a .50q charge per person with City Recrea-
tion Department to take over instructional swimming program, if the School
District drops the program. Motion carried, with Councilman Jorgensen absent.
3. There being no further business to come before the Council, Mayor Schwartz
adjourned the meeting at 2:10 p.m., to 12:10 p.m., Tuesday, June 13, 1978.
APPROVED: July 18, 1978
. Fijfffatrick, City Clerk
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