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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 1 1 1