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08/23/1982M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, AUGUST 23, 1982 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY,SESSION ROLL CALL Councilmembers Present: Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie .C. Billig Absent: ,GlennaDeane Dovey City Staff Present: Paul A. Lanspery, Administrative Officer; Toby Ross, Community Development Director; George Thacher, City Attorney; Geoff Grote, Assistant Administrative Officer; Doug Flaherty, Fire Marshall; Brad Hopkins, Fire Prevention Captain; Sharon Turner, Clerk Secretary 1. PROMONTORY PROJECT Toby Ross, Community Development Director, briefly reviewed the request before the Council for the modification of conditions for Use Permit No. U0818 and Minor Subdivision map No. 82 -61. Staff recommended that a condition be modified to prevent.occupancy of any buildings prior to final.map approval. The water line would be looped to Dana or Brizzolara Streets but the property owner would not be obligated to carry it beyond the property line. The emergency access would be replaced with the following conditions submitted from the Fire Department: 1) A 20' wide, clear:and unobstructed access all- weather road shall be provided through- out the parking and driveway area; 2) the triangular divider at the project entrance shall be deleted from the plans. No obstruction of any sort shall be placed, or constructed, or allowed to remain in any access -way; 3) red - painted curbs and approved signs shall be installed to the Fire Department approval in areas which the Fire Department has designated as required access; 4) suitable hard - surface paving blocks or other approved all- weather surface shall be installed in the centers of circular drive areas to minimize the difficulty of fire apparatus in passing through these areas. These areas are deficient regarding-turn radii for Fire Department access; 5) a separate, approved sprinkler system shall be installed for each letter- designated building in the complex, and each system shall be zoned by floor. Systems in all buildings in the complex shall be annunciated at a master panel near the project entrance at a site approved by the Fire Department. One Fire Department connection shall be provided on.each side of the bridge to serve the structures on that respective side of the development. Specific location of this connection is subject to Fire Department approval. Complete sprinkler plans shall be submitted in conformance to NFPA 13, 1981 Edition. Plans- shall.also be submitted for all ancillary alarm systems and equipment. Sprinkler plans shall be certified and stamped by a certified State of California Fire Protection Engineer prior to submittal,to the Fire Department. Approval.of plans by the Fire Department must take place before sprinkler system construction. In areas designated for public assembly use, a combination smoke detec- tor /sprinkler system shall be installed to Fire Department approval. The map conditions would be as proposed by staff: City Council Minutes Monday, August 23, 1982 - 12:10 p.m. Page 2 Keith Gurnee, representing the applicant, stated that they had run into a couple of difficulties in meeting some of the conditions, and he felt that they had bought into all conditions established by staff. He would like to see condition No. 5 worked out to install a sprinkler system to the satisfaction of the Fire Department, and he felt there might be other ways of satisfying their regulations other than a highly specific way of going about it. He stated they were buying into the notion of having to install sprinklers throughout all the buildings and one that would have to meet NFPA 13. They would like to work out with the Fire Department some alternative ways of getting the same amount of fire protection through the sprinkler system. Doug Flaherty, Fire Marshall, stated that the Fire Department did not have any objection as long as it is stipulated to Fire Department approval and meets NFPA 13 requirements. Keith Gurnee, representing the applicant, stated that they had prepared and submitted a final map that shows the revisions of the connection of the Dana Street water line. He would hope that it was acceptable. It was his understanding that staff was also recommending going along with wording on conditions of final map. Councilman Dunin questioned condition 2D, and stated the requirement is that there will be earth berming. Council had on several occasions expressed their opinion that earth berming and water consumption is not just viable to keep the landscaping from going down the hill. He felt that it was very clearly stated that when possible this should be avoided. Condition 13, he questioned how many bicycle racks were being referred to. Steve Puglisi, representing the applicants, stated that there were three sets of bicycle racks. There was not a specific number listed in each area. He felt they were looking somewhere in the neighborhood of six to eight spaces per rack location. ' Councilman Dunin questioned if the bicycle racks and five handicapped parking spaces were applied to the total required spaces and if any credit was given. Toby Ross, Community Development Director, stated there was credit given. There are certain:requirements for handicap spaces, and they are counted as spaces. Steve Puglisi stated that they are also given credit for bicycle racks and motorcycle parking on ratio established by the city. Councilman Dunin questioned condition 14 as to the concern expressed when the new street lights are established, P.G.& E. is required to put in the new types of sensors which is more sensitive than what is being installed now because they stay on too long. Mayor Billig stated that lighting should be geared towards energy conservation. John King, applicant, stated it was his understanding to promote energy conservation and their electrical engineers had suggested two high- inten- sity discharge type fixtures and was informed high- intensity discharge fixtures generally with a pressure sodium would still be a low- intensity light in the number of foot candles and brightness. That is afar more , energy conserving fixture than incondesence which he had originally assumed ARC was looking for and agrees with them. Councilman Dunin stated he was concerned with switch -on and switch -off times. He was also concerned about it being too costly to replace the old lights with the new lights. Toby Ross, Community Development Director, stated that this was•a private lot and P.G.& E. wouldn't be installing the lights. City Council Minutes Monday, August 23, 1982 - 12:10 p.m. Page 3 Councilman Dunin stated that on condition 15, the word "to" should be added in the sentence to make it read "The restaurant shall be limited to 125 seats (including patio area). He also questioned condition 19, he felt that the applicant's plan should conform to all requirements of the city ordinance rather than the Tree Committee. Toby Ross stated this related to previous requirements of the Tree Committee. Councilman Dunin stated it should read to the approved requirement of the Tree Committee because the Tree Committee itself does not approve the requirement. Councilman Griffin questioned if in condition 17, use of the phrase "or similar type use" was referring to medical, dental or all governmental uses. He understands the policy implication behind it but was concerned that the term "similar type" might create more problems than it attempts to solve. Toby Ross stated he would feel comfortable with deleting "or similar type" in condition 17. Mayor Billig stated that the concern was that there are similar type uses; it is not really tied down and it is excessively vague. Councilman Griffin gave, as an example, Public Utilities could be a governmental use or similar user He also questioned applicant's indi- cation that the revisions were "by and large" acceptable. It was his understanding that there had been some problems with the project through ARC, and he wanted to make sure that these conditions are specific enough; that the applicant would not come back to Council a.month from now asking for further amendments. ' Keith Gurnee, representing the applicant, stated they would not be coming back asking for any more amendments. The amendments as annun- ciated by Mr. Ross are the ones that they agreed to. He used the phrase "by and large" because it had been a long project and some of the conditions that they had to deal with before they hadn't liked but they agreed to go along with them. Councilman Griffin stated that some of the changes Toby Ross and the Fire Department had come up with had some design implications that may well end up with these additional conditions going back to the ARC. He questioned if the ARC was going to be receptive or if we had to go back to ARC. Toby Ross stated they would have to go back if the solution to these conditions substantially alters the project. There is a provision that allows the Director of Community Development to make a minor or inci- dental call and allow a project to go forward without being reviewed again by ARC. He also stated that it would probably be a month before ARC could review it again. Rob Rossi, applicant, stated that it was his understanding the ARC requested the rest of the project be resolved at staff level, speci- fically on this project because they were happy with the concept. He stated they didn't see any of these changes being substantial. He felt ARC had expressed a willingness to let them and staff work out the final project. Councilman Settle wanted to clarify the Fire Department was consenting to do away with the secondary access. Doug Flaherty, Fire Marshall, stated that= was=Correct_ and -_the main7:reason was the Fire Department felt sprinklers more than adequately make up for the secondary access. Also the Uniform Fire Code does allow for stipulation of fixed protection systems in -lieu of secondary access when secondary access cannot be accomplished. City Council Minutes Monday, August 23, 1982 - 12:10 p.m. Page 4 Councilman Settle.questioned Keith Gurnee with regard to secondary , access, what about the flood situation in the event there needs to be ability for the Fire Department to get up to the site and it is in the middle of one of our infrequent 100 -year storms. Keith Gurnee, representing the applicant, stated that when the condi- tions were set, they tried to negotiate it with the property owner who owns the land between the end of Brizzolara Street and the Promontory property as well as Cal Trans. They got nowhere. He stated Cal.Trans could never allow.any restrictive permanent secondary access but they recognize the right of police and fire during the period of emergency to go across their property to fight a fire or for whatever purpose on the project. He stated that where the Brizzolara Street access would connect to the Promontory Project was actually further under water than Higuera Street would be. The best method perhaps for projects facing this kind of circumstance would probably.be the safest set of buildings under those circumstances in the city. John King, applicant, stated they had a verbal agreement with the original property owner, and would reciprocate easements. He stated they sold the property, and the new owner wants nothing to do whatsoever with anyone around him. Although the city does have some easement, he didn't know how far it would go. They decided to avoid it rather than go into a legal battle. Councilman Settle felt staff's recommendations were acceptable.. He felt Dana Street would do just as well as Brizzolara Street and was a little suprised about the secondary access portion. Mayor Billig went back to clarify the wording changes made to the conditions. On the amended Use Permit U0818, under condition 14, she questioned Mr. Ross if there would be absolutely no public lighting on the project at all, even down on the parking lot. Toby Ross, Community Development Director, stated there was no public lighting to be installed on Higuera. Mayor Billig stated that to satisfy the council's concerns on energy conservation, in condition 14 there should be something about to encour- age energy conservation in all and strike "public" since there won't be any private lighting in this project. In condition 15, she stated that the word "to" be added after limited. In condition 17, strike out "or similar" and take out the.first "or" before dental. In condition 19, she stated the applicant's plan shall conform to all requirements: of the Tree Committee "as established by ordinance ". In regard to the sprinkler system, what the council wants to do is say "a separate approved sprinkler system shall be installed for each letter designated building in the complex, and each system shall be zoned by floor subject.to the approval of the Fire Department and in conformance with NFPA 13 (1981 Edition)," the rest to be deleted. John King, applicant, requested rather than having five or six separate connections to the main, if there was any objection to having one vault and then separating off of that. Doug Flaherty, Fire Marshall, stated in order to comply with NFPA 13, there would have to be a separate system anyway. John King, applicant, questioned Doug Flaherty in regard to avoiding some of the backup valves. Doug Flaherty, Fire Marshall, stated as long as.it conforms with NFPA 13 and the State law just passed concerning backflow. He stated that NFPA 13 still allows some flexibility. Mayor Billig stated at the head of #5 on the list of fire prevention measures, the following should be added: . "The following fire prevention measures shall be required:" and enumerate these a, b, c, d, and a with the changes that were made. With regard to the berming, she questioned City Council Minutes Monday, August 23, 1982 - 12:10 p.m. Page 5 the applicant about the noise mitigation or reasons why they did the berming. John King, applicant, stated it is noise and visual but more visual than it is noise. Upon question by Mayor Billig as to how the berming is to be planted, if ' they were going to be water intensive -type planting or be low- maintenance drought resistant, John King stated that it was low- maintenance drought resistant with drip irrigation. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4932 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving amended Use Permit No. U0818 for a restaurant, retail and office complex located at 410 Higuera Street with amendments made by the Planning Commission and Council today. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4933 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving tentative map for Minor Subdivision No. 82 -61, located at 410 Higuera Street as amended. ' Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey A -1 AMPLIFIED MUSIC FOR MUSCULAR DYSTROPHY.TELETHON Paul Lanspery, Administrative Officer, stated that the general park use rule that requires any amplified music within Santa Rosa Park to be approved by the City Council. There is such a request by the Muscular Dystrophy Association for a Telethon, Labor Day weekend, Sunday, Septem- ber 5 and Monday, September 6. The Police Department recommended approval subject to two conditions, the music be concluded by 8:00 p.m. and if there are any complaints, the band to be cut off. The Police Department also recommended that the "no amplified music for sound" requirement be waived for this purpose. Mayor Billig stated that the council had concerns but she would be attending much'of the telethon and would make sure that they kept the noise down to acceptable levels. On motion of Councilman Griffin, seconded by Councilman Settle, to ' approve permit for amplified music at Santa Rosa Park for Muscular Dystrophy Telethon on September 5 and 6, 1982. Motion carried, all ayes, Councilwoman Dovey absent. 12:50 p.m. Mayor Billig adjourned the meeting to closed session to discuss personnel /litigation matters. 1:00 p.m. Council reconvened, Councilwoman Dovey absent. City Council Minutes Monday, August 23, 1982 - 12:10 p.m. Page 6 There being no further business to come before the City Council Mayor Billig adjourned the meeting at 1:02 p.m. to August 24, 1982, at 7:00 p.m. Respectfully.submitted by: Sharon Turner, Clerk Secretary Pamela Voges, Ci Clerk 1 APPROVED BY COUNCIL: 9/7/82 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 24, 1982 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers Present: Ron Dunin, Robert Griffin, Allen Settle,. and Mayor. Melanie C. Billig Absent: GlennaDeane Dovey 1 City Staff Present: Paul Lanspery, City Administrative Officer; Geoffrey Grote, Assistant City Administrative Officer; Wayne Peterson, City Engineer; D. F. Romero, Public Services Director; D. K. Rowlee, Council Secretary. Guests Present: Jim Schaaf from George S. Nolte and Associates; John Ashbaugh, MDW Associates. 1. FLOOD CONTROL Since 1973, the city has been seeking solutions to the flooding problems that occur from time to time along San.Luis Creek and other drainage ways in the community (see file no. 596). Initially, the city was involved with the formation of the county's Zone 9. Zone 9 hired Nolte and Associates to prepare a master plan for the San Luis Creek Watershed. That plan was completed, but never adopted by the City Council. The recommendations in the plan called for improvement of San Luis Creek to a 100 -year level of protection. The method of improvement was to widen the creek by excavating one bank or the other, preferably not both. The recommendations were based upon City Council input. During the late 1970s, the city hired the Corps of Engineers to do preliminary.planning for widening San Luis Creek using the 100 -year level of protection. When that report was completed and given to the city, engineering plotted their recommendations on aerial photographs. The information revealed that creek widening would require extensive right -of -way