HomeMy WebLinkAbout12/19/1978City.Council Minutes
December 19, 1978
Page 2
No one appeared before-the City Council for-or against-the proposed ordinance.
Mayor Schwartz declared-the public hearing closed.
On motion.of.. Councilman_ Settle ,..seconded..by:Councilman Dunin, Ordinance No..790
was introduced for.final passage.
Finally passed.on..the.following roll -call vote:
AYES: Councilmen Settle, Dunin.and Mayor Schwartz
NOES: None
ABSENT:. Councilmen.Jorgensen and Petterson
3. At this time the City Council considered the final passage of Ordinance
No. 791, 1978 Series, an ordinance of the City of San Luis Obispo amending the
official zone map of the city (to rezone property at 960, 972 and 991 Nipomo
Street, city- initiated rezoning).
Mayor Schwartz declared the-public hearing open.
No one appeared before the City Council for or against the final passage of
the ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Settle, seconded by Mayor Schwartz, Ordinance No. 791
was introduced for final passage.
Finally passed on the'following roll.cill vote:
AYES: Councilman Settle, Mayor Schwartz and Councilman Dunin '
NOES: None
ABSENT: Councilmen.Jorgensen and Petterson
4. Consideration_of the'.final passage.of.'Ordinaiice No. 792,.an ordinance
amending.the official zone map.of the city to rezone property at the south
end of Brizzolara Street between Stenner Creek and Highway 101 from R -3 -S
to R -1 -S was continued to the January 2, 1979 Council Meeting.
5._ . At.this time the-City Council.considered.the final passage of Ordinance
No.' 793, 1978 Series,.an.ordinance of.the.City of.San Luis Obispo amending
the.official.zone map.of.the city (to.-rezone-property on Higuera and Pacific
Streets.between Johnson Avenue and Pepper Street,.city- initiated rezoning).
Mayor.Schwartz declared the public hearing open. .
No one appeared before the City Council for or against the final passage.
Mayor.Schwartz declared the public hearing.closed.
On motion of Councilman Settle, seconded by Mayor Schwartz, Ordinance No. 793
was introduced for final-passage..
Finally passed "on the following roll call vote:
AYES: .Councilman Settle, Mayor Schwartz:and..Councilman Dunin
NOES: None..
ABSENT:..Councilmen Jorgensen and.Petterson
6. Ordinance No. 794, an ordinance.amending.the official zone map of the
city to rezone property on Peach, Mill_and.P.epper Streets-and Johnson Avenue
from R -3 to R -2 was continued to the January 2, 1979 Council Meeting.
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City Council Minutes
December 19, 1978
Page 3
7. At this time the City Council.. considered .a.resolution.establishing a
policy .for.paving_of..streets when single family property_owners.install curbs,
gutters and sidewalks. This matter was.continued.from..the December 5, 1978
council meeting.
The_highlights.of.the proposed city policy was to require.the property owner
to pave - out.in -kind to newly constructed.curb,:gutter and.sidewalk at his cost
except where:
a). The property is zoned residential, and
b) The property has no more than one (1) dwelling unit thereon. _
c) The property is..not capable of further subdivision under existing zoning,
and
d) The property does not have an approved entitlement by the city-requiring
the improvement of the street.
Provided further, -:that the maximum city contribution shall'be the first $5,000
of the cost of any adjacent pave -out in -kind when.curb,.gutter and-sidewalk
have been installed by a property owner.
Further, if at any time during the two (2) years immediately'-subsequent to the
contribution of funds made by.the city.under these conditions,.the effected
property is developed or redeveloped.in.any manner by the property owner, the
city shall be reimbursed in full the contribution made hereunder. To guarantee
said reimbursement; the property owner shall sign a paveout agreement with
the city-at the time of any contribution by the city at that time.
Also, the city reserves the right to review and reject any proposal obtained
by the property owner for. "pave- out " "which.the city.is to contribute to or pay
for in full pursuant to.this resolution. The city also:reserves the right to
perform the.pave -out with city forces.
As a further - condition of development of property on-streets that are not built
.to full city standards; the applicant shall fully improve the street abutting
his property as follows:
Type.of Development ..Improvement
a. Subdivision Full street paving, curb, gutter
and.sidewalk: -Berms as required
for.drainage on other side.
b. Building Project 15 street. +.12 -feet lane paved and
curb, gutter and sidewalk on
development side.
C. Single Family Home !� street paving and curb, gutter
- - - and sidewalk on development side.
The-development-of pavement beyond.centerline.of street maybe waived if
right -of -way is unavailable. The city would provide.engineering and inspec-
tion for.-projects on public streets exception subdivisions.
L. Walton pointed out that the policy change did not cover'street widening
which would be submitted at a later date.
After discu -ssion by the.council, it was moved on motion of.Councilman Settle,
_seconded by Councilman Dunin.-the following resolution was :introduced:
Resolution.No.-3732, 1978 Series, a resolution of the Council of the City of
San Luis Obispo establishing.the policy for the paving of streets when single
family property owners install curbs, gutters and sidewalks.
Passed and adopted on.the following roll call vote:
AYES: Councilmen Settle, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
City. Council Minutes
December 19, 1978
Page 4
8. ... Council. consideration .of.a:moratorium.ordinance_.on_ condominium conversions
was continued to the January'2, 1979 council meeting.
9. On motion .of.Councilman.Settle,:seconded by.-Councilman Dunin, the plans
and specifications for the "MARSH.STREET_STORM DRAIN ",.City Plan No. B -22, bid
estimate, including contingencies, engineering and:- inspection fees, $233,500.00
were approved and the staff-was authorized to call.for bids. Motion carried.
10. Requests by the developer of Tract No. 603-for a six month extension of
time to submit the Final Tract Map No. 603 for 64 residential lots on Los Osos
Valley Road between Descanso Street and Diablo "Drive, R -1 zone, Cuesta
Associates, subdivider.
Dan Smith, Senior Planner, presented the recommendation of the Planning
Commission to the city council which was.to approve the six month extension
of time but to add two additional conditions to the Tentative Tract Map for
development.
Added condition 23: "Subdivider shall culvert.and place underground the
. drainage: swale .running.through..ihe._tract to the approval
of the City Engineer."
Added condition 24: "A note shall be placed on the final map indicating all
lots within the tract are sensitive sites and-any develop -
ment on said lots shall be subject.to Architectural
Review Commission approval."
The City-Council discussed the planning staff recommendation to.the.Planning
Commission that a.further condition be added to the time extension for filing
the final map of Tract No. 603, as follows:
Added condition.No. 25.: "Subdivider-shall:-underground all.existing overhead
utilityLlines within the tract boundaries."
(See staff report dated 12/6/78, agenda item no. 10 -6.)
This added condition by the planning staff was rejected by the Planning
Commission and was not recommended to the city council.
D::F..SRomero, Public Services Director.,. submitted. a.report stating that he agreed
with the Planning Commission's recommendation.that conditions 23 and 24 were
'desireable, but he wished the City Council to know that the Planning Commission
did not approve.a coridition_calling.for undergrounding of existing overhead
utility'.lines.along the boundary of the tract. He continued that the City
Council recently reviewed a similar.requirement for Tract 592 on Higuera Street
and agreed that the city policy for.undergrounding these lines applied only for
"city - initiated widenings ", therefore, until this policy.is changed by the
council, he did not feel this was an.appropriate condition for a subdivision;
and that he agreed with the Planning Commission's action on this item.
Mayor Schwartz stated that as the next item also concerned the adjacent sub-
division by the same developer, he asked that the staff make the presentation
and that the council would consider both developments at the same time.
11. A recommeindation.from.the City Planning.Commission.that a six month
extension.be granted to the developers of Tract No. 608 for 61.residential
lots on Los Osos.Valley Road.between Diablo Drive and the westerly city limits,
R -1 zone, Cuesta Associates, subdivider.
Dan Smith,- Senior Planner, presented..the recommendations of the Planning
Commission that the council approve the'six'.month time extension, subject to
a revision of condition no: 4'of the original tract condition. "This revision
requires that landscape planting.an.d. rear lot fencing along the tract and
city boundary�.be installed as:a.part of the subdivision improvements. The
recommendation of the Planning Commission was to grant the .extension subject
to the revised condition no. 4 of the Planning Commission.'
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City Council Minutes
December 19, 1978
Page 5
The city council -again discussed-the recommendation..of.the planning staff
to the Planning. Commission..to.also. add_ -a condition to.-the extension to file
the final. map. of. tract no: 608 by adding - condition no. 19, "subdivider shall
underground.all_.existiing overhead utility- lilies -.within the-:tract boundaries."
This staff recommended condition was.also_ rejected by the Planning Commission
and was not recommended to the city council for inclusion as a condition for
tract map time extension.
Wayne Peterson, City Engineer; stated that.two of the conditions in Tract 608,
Submitted by.the planning staff,.he"had to- disagree with professionally and he
could not sign the resolution of approval. Condition no. 3 indicates that
certain lots should not be shown on.the final map. He stated that it was his
understanding.that those lots were.not to be shown because-of the difficulty
in sewering them as shown on the original tentative-map. He-stated that since
that time; there has been a more refined grading plan prepared which indicates
that-the lots.can be developed, although, not necessarily in the typical manner.
Houses.can be placed on.the lots high enough -to sewer:to the street, and he
did not feel it was logical to.deny the creation of the lots at this -time
because of the downhill nature of the lots relative.to the street. He also
stated that.condition no. 17 was disagreeable.to him. This :condition required
deletion..of•the_ dedication of.-lot,54.to.the city-for--a future street. It was
.his feeling that although the current planning shows this to be the.most
westerly extension of the city development, that did not preclude the possibility
that.some day in the future the city may.wish to expand. .If the development
were to occur, access to the subdivision.would:be desirable -to provide for
proper circulation of both utility. lines.and_ traffic. He continued that it
was the city's.goal to minimize access on Los Osos Valley Road in order..to
maintain it as a principle arterial. ..He'felt that goal could only be attained
if the city required developments that-do-occur to.provide secondary access.
.He felt it would..be-more appropriate.if_the lot were shown for dedication. He
also stated that the City Council could refuse to accept:the dedication until
such time as adjacent property were annexed to the city and development for
this property approved. He also felt it might be-appropriate if the city
received a.one -foot no access dedication at the end of the proposed street to
prevent anyone else from using the lot for access until such time as it is
approved by the city.
D.F. Romero, Public Services Director, stated he had -no problems.with extending
the,time for filing.of the-.-final map", but he�does-disagree with conditions 3
and 17 for basically the same reasons:_as_ presented by the:City Engineer. The
implications.of condition 3 are that the developer and staff would have to
process an additional subdivision for - these six lots, an unnecessary expenditure
of-A'::time and money. He-also wished the City- Council to!know that the city
planning staff had requested, although the Planning Commission did not approve,
a further condition-calling for undergrounding of= existing overhead utility
.lines.along the boundary of the tract. He again stated that .the City Council
had.recently reviewed a similar requirement for Tract 592 on.Higuera Street
and agreed that the city policy for undergrounding these lines applied only
for "city- initiaged widenings ".. Therefore; until this policy is-changed, this
is not an appropriate condition for a subdivision and he concurred with the
Planning "Commission's action on this item.- ".
Leonard Blaser, representing.Cuesta Associates as.developer of Tract 603 and
608, stated that he objected.to the staff's proposed conditions to underground
all the utilities along Los Osos Valley Road and also objected to-the additional
condition of a special.review.by the.A.R.C.. He stated that the-.-entire tract
...had been-approved'and reviewed by'the A.R.C., that they had made changes and
recommendations to the developer and he did not feel that each individual lot
had to go back again for A.R.C. approval. He wished the City Council to
understand that when this extension was- requested of the -Planning Commission,
they had rejected the recommendation of their planning staff to underground
the utilities and yet the city staff.again. came "back at-the "council making
this same recommendation. He felt "this was unfair to the developer.
At this time the council discussed with.the city staff the implications of
.the recommendations of-staff versus the recommendations of the Planning
Commission and their effect on the overall Los Osos Valley area.
City Council Minutes
December 19, 1978
Page 6
Councilman Dunin stated that he objected to the planning staff's adding
conditions to a subdivision when the request was only for a time extension.
He did not appreciate the staff's including utility undergrounding, park
improvements and a special A.R.C. review after approval by the Planning
Commission. He stated he would oppose any condition established by the city
that would add additional cost to the property development, which, everyone
realized would only be added to the person who bought the home.
Councilman Settle stated he agreed in principle with the statements of ,
Councilman Dunin and his objections dealing with staff's addition of conditions
after being rejected by the Planning Commission.
_ Mayor Schwartz stated he would support the extension of time. He also stated
he would support the undergrounding of utilities on Los Osos Valley Road. He
felt that any opportunity the city had to force utilities underground, they
should take advantage of it and reminded the City Council that Los Osos Valley
Road was one of the entrances to the city and that these lines should be
reduced as rapidly as possible.
On motion of Mayor Schwartz, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 3733, 1978 Series, a resolution of
the Council of the City of San Luis Obispo granting approval of Tentative
Tract Map No. 603 and extension of time to July 5, 1979 including the additional
condition of approval of the tentative tract that the subdivider underground
utilities on Los Osos Valley Road along the entire frontage of the tract.
Passed and adopted on the following roll call vote:
AYES: Mayor Schwartz, Councilmen Settle and Dunin
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
On motion of Mayor Schwartz, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 3734, a resolution of the City
of San Luis Obispo granting approval of Tentative Tract Map No. 608, extending
the time filing of the final map to July 5, 1979 with conditions as amended,
including the additional condition of approval of the tentative map that
the subdivider underground utilities on Los Osos Valley Roadl along the
entire frontage of the tract.
Passed and adopted on the following roll call vote:
AYES: Mayor Schwartz, Councilmen Settle and Dunin
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
E -1. D.F. Romero, Public Services Director, reported_ that all public
improvements,within this subdivision had been improved to city standards and
could now be accepted for maintenance.
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On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 3742, 1978 Series, a resolution
of the Council of the City of San Luis Obispo accepting the off -site improvement
for Tract 545, Serrano Sircle.
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgsen and Petterson
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........City Council. Minutes
December.19, 1978
Page 7
CONSENT ITEMS:
C -1 On motion...of_ Councilman -..Settle,._seconded. by Councilman. Dunin, claims
against the .city-.for..the.month of December, 1978 were-approved subject to the
Administrative Officer. Motion carried.
C -2 On.motion.of..Councilman Settle,..seconded..by Councilman Dunin, minutes
of the council meetings of:
October 17, 1978
November 6, 1978
November.8, 1978
November. 14, 1978
were- approved..as corrected.
November 20, 1978
.November 21, 1978
December 4, 1978
Motion carried.
C -3 On motioa..of.. Councilman- Settle,_seconded_by Councilman..Dunin, the
following.resolution was introduced:-..Resolution No. 3735,.1978 Series, a
resolution of the City of San Luis Obispo reciting the facts of the Special
Municipal Election consolidated with the.General.State -wide Election held
on November 7, 1978 and declaring the results thereof.
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
.0 -4 On motion.of ' C - ouncilman Settle,. .seconded.by.Councilman_.Dunin, the
following resolution -ws introduced:...Resolution No. 3736, 1978 Series, a
resolution .approving.tentative.map for Minor Subdivision No..78 -216 to adjust
lines on two..lots at 972 Santa Rosa Street and 1108 Monterey Street, C -4 zone,
The Southland Corporation, subdivider.
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
C -5 On motion of..Councilman.. Settle,_ seconded -by_ Councilman. Dunin,._ the
following resolution.was introduced:. Resolution No. 3737,1978 Series, a
resolution_ approving the final map for Minor Subdivision No. 98- 221,.located
at 106 Santa Rosa Street (at Santa Rosa Park), Thomas E. Baumberger applicant.
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Dunin-and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and.Petterson
1 C -6 On motion of.-Councilman Settle, seconded by Councilman-Dunin, the
following resolution.was introduced: Resolution No. 3738, 1978 Series, a
resolution approving - Tentative Tract.Map No.. 688 for:a.22.lot.residential
.subdivision on 9.1 acres on the south side of:Margarita Avenue between South
Higuera Street and Estelita Court, R -2 -S zone, R.D.I..Corporation, subdivider.
Passed and adopted on the following roll.call.vote:_
AYES: .Councilmen.Settle, Dunin.and Mayor Schwartz
NOES: None
ABSENT: Councilmen-Jorgensen and Petterson
City Council Minutes
December 19, 1978
Page 8 -
C -7 On motion- of .Councilman Settle,.:seconde.d by Councilman.Dunin, the
following..r.esolution.. was.. introduced:..._ Resolution. No. .3739, 1978 Series, a
resolution approving an easemen. t..encroachment:.agreement.with King Resources.
Passed and adopted on_the following roll 'call vote:
AYES: :Cbuncilmen..Se'ttle, Dunin and Mayor.Schwartz
NOES: None
ABSENT:. Councilmen.-Jorgensen and Petterson
C -8 . On motion of Councilman Settle, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3740, 1978 Series, a
resolution authorizing a grant of easement to the Laguna Lake Company for
sewer lateral.
Passed and adopted on the following roll call vote: _.
AYES: Councilmen Settle, Dunin.and Mayor.Schwartz
NOES: None
ABSENT: Councilmen-Jorgensen and Petterson
C -9 On motion of Councilman Settle,_seconded . by.Councilman Dunin, the
following resolution was introduced: Resolution No. 3741;.1978 Series., a
resolution approving an agreement between the City and the Maino Construction
Company to cover city inspection costs when the developer constructs 2000
feet of sewer main along the westerly side of Higuera Street, south of Prado
Road and city..acceptance..of improvements- upbn,:completioin.
Passed "and adopted on.the following.roll call vote:
AYES: Councilmen Settle, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Petterson-
C-10 Consideration of an abandonment of an easement at.the Ritz Motel
property on Monterey Street was continued to January 2, 1979.
C -11 On motion of Councilman Settle, seconded by Councilman Dunin, project
schedules for._the.month_of December,..1978.were_ ordered received and filed.
BID ITEMS
B -1 On motion of Councilman Dunin,_.seconded by Councilman Settle, the low
bid of Fred Julien & Associates for the.. "JOHNSON /MARSH STREET STORM DRAIN ",
city plan no. C -10, in the amount of $36,308.00 was accepted with the agree-
ment-to be signed upon:.procurring•.of the required easement. Staff to check
with low bidder to get estimates of time for award.
B -2 The-City Clerk reported on-the following bid received for the "RACQUET-
BALL /HANDBALL COURTHOUSE LANDSCAPE ", city plan no. B-47,-bids opened on .
Tuesday, December 12, 1978, at 1:30 p.m. Bid estimate $8,000.00 without
contingencies.
Dennis Land "3cape Company
1921 Santa Barbara Street
San Luis Obispo, CA 93401,
Heatherwood Landscaping Inc.
1328 West Betteravia Road
Santa Maria, CA 93454
Karleskint -Crum, Inc.
225 Suburban Road
San Luis Obispo; CA 93401
$10,498.00
$10,510.00
$11,249.00
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