Loading...
HomeMy WebLinkAbout08/09/1983City Council Minutes Tuesday, August 9, 1983 - 7:00 p.m. Page 2 Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Mayor Melanie C. Billig Absent: Allen K. Settle City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Brad Hopkins,. Fire Captain; George Truppelli, Acting Fire Chief WEED ABATEMENT. Council continued its public hearing to consider the Fire Chief's report confirming liens upon three properties for weed abatement costs within the city (continued from 8/2/83). George Truppelli, Acting Fire Chief, reviewed the Council agenda report (see file no. 723) and stated there were three property owners who had been exempted from the original resolution confirming the other liens. 1) Mrs. Millsap, had received sufficient legal notice but failed to accomplish the required work, therefore, staff was recommending no adjustment. Regarding the issue of the contractor, excess time was not supported by the detailed billing statements for the size of the property. He would, therefore, recommend a total lien of $390 for this parcel. 2) He then reviewed Raymond Long's claim of insufficient notice and stated staff's recommendation was that the owner's claim of failure to receive written notice by mail as set forth in the Municipal Code could be valid in that the mailing was neither certified nor registered and the letter of notice could have been inadvertently lost or delayed. Staff was recommending forgiveness of all charges, administrative fees and penalties in the interest of fairness and in the face of reasonable doubt that notification had occurred. 3) He then reviewed Albert Wighton's claim stating that the owner had received legal and sufficient notice to complete the required work and failed to do so. Owner claimed that the contractor's time was excessive, however, this was not acted upon, in that sufficient notice was provided, and the owner was informed that it would be less expensive to privately retain a contractor. This property had been visually inspected on August 4, 1983, and.the six hours total billed and confirmed by the contractor did not .appear unduly excessive. It was, therefore, staff's recommendation to charge Mr.- Wighton the original assessment of $299. Council reviewed the procedure for notification and suggested that in the future the final notice be sent certified or registered mail so that claims for insufficient notice could be acted upon. Council also discussed Mr. Long's property and whether or not the administrative and Fire Department costs should be retained and only the penalty removed as the service had been performed and was an actual cost incurred by the City. After brief discussion and on motion of Councilwoman Dovey, seconded by Councilman.Griffin, the following resolution was introduced: Resolution No. 5190, (1983 Series), a resolution of the Council of the City of San Luis Obispo confirming liens upon real property parcels for weed abatement costs as follows: Parcel No. 03- 759 -04 -000 - total $390.00 ' Parcel No. 03- 737 -14 -000 - total $ 77.00 Parcel No. 53- 063 -05 -000 - total $299.00 Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle City Council Minutes Tuesday, August 9, 1983 - 7:00 p.m.,. Page 3 Staff also directed to send final notices by registered mail (4 -0 -1). 2. GENERAL PLAN AMENDMENTS /REZONINGS ..Council held public hearings to consider Planning Commission recommendations on the following General Plan amendments and rezonings: A -1. Consideration of amending the Land Use element Map and Zoning Map ' (GP /R 1096 and 1102) to change the designations from Medium Density Residential (R -2) to Medium -high Density Residential (R -3) on property located at 3120 through 3195 Alicita Court; John Wiebe, applicant. A -2.. Consideration of amending the Land Use Element Map and Zoning Map to change.-the designations from Medium Density Residential (R -2 and R -2 -S) to Medium -high Density Residential (R -3) on property located at 206 and 210 Margarita- Avenue; City of san Luis Obispo, applicant. Toby Ross, Community Development Director, stated that the Council should hold hearings and only take straw votes on each Plan amendment with contin- uances-as necessary. Once all Plan amendments have been considered, the Council would, in one motion, take action at a later meeting to adopt or reject the amendments. This would probably be coming back to Council at their September 6 Council meeting. The Council did have the option to introduce now, ordinances rezoning areas affected by the plan amendments, with final adoption to occur when the package of Plan amendments was acted upon. He then reviewed A -1 (file no. 463).stating that the Planning Commission had on a 4 -0 vote recommended approval of the changes as requested. Only the applicant testified during Planning Commission hearings on the item and no correspondence had been received. Staff was recommending that Council approve a negative declaration of environmental impact and approve the requested changes. On item A -2, he stated the Planning Commission had again on a 4 -0 vote recommended approval of the changes proposed. No testimony or correspondence had been received; and it was again staff's recommendation that Council approve the negative declaration and environmental impact and approve the requested changes. Mayor-Billig declared the public hearing open. Tom Priest, 738 Higuera Street, Suite B, urged the Council's support-for the proposed rezoning on Alicita Court and stated he was available for any questions. Mayor Billig declared the public hearing closed. Councilwoman Dovey stated she had problems with this.rezoning in that she .could not support zoning for a specific project.. She would like to see a report back on the broader area to include both sides of.Margarita. Councilman Dunin stated he could support the project as recommended. Councilman Griffin could also support the project as recommended. Mayor Billig stated she could support it if a larger area had been.looked at, but since the rest had not been reviewed, it appeared to be spot zoning. She could, therefore, be supportive of another look by staff. After discussion and upon general consensus, staff was directed to review and report back on a broader area (both sides of Margarita), rather than just this parcel, with additional report. Final decision to be made at the September 6, 1983, Council meeting (2 -2). B. Consideration of a Planning Commission recommendation to amend the Land Use - Element Map and Zoning Map (GP /R 1091) to change the designations from Neighborhood Commercial (C -N) to Service Commercial /Light Industrial (C -S) on. property located at 2110 Broad Street and 2121 Santa Barbara Street; Jules:Rogoff, applicant. City Council Minutes Tuesday, August 9, 1983 - 7:00 p.m. . Page 4 Toby Ross, Community Development Director, reviewed the council agenda report (file no. 463) and stated the Planning Commission had voted 5 -2 to approve the changes. Only the applicant had testified at the Planning Commission hearing. One phone call was received from a property owner in the vicinity opposing the changes on the basis that it would allow a wide range of undesirable uses close to a residential area. Staff's` recommendation was to approve the negative declaration of environmental impact and approve the requested changes. I Mayor Billig declared the public hearing open. Jules Rogoff, 1343 Marsh Street, reviewed the project and stated his interest in the project was only there if he could purchase the property for the purpose of'putting in'a car wash. He felt that noise attenuation had been addressed by placing conditions for hours of operation and construc- tion of sound absorbing walls and roofing. He felt it was a'proper land use as well. Rob Strong, representing the applicant, reminded Council that this was a zoning issue and not a project issue. However, the suggested rezoning was appropriate with the surrounding uses in the neighborhood and he .would therefore, urge Council support. Mayor Billig declared the public hearing closed. Councilwoman Dovey stated she could support the proposed change. . Councilman Griffin stated it-was more difficult for him as he was:non- suppor- tive of the proposed use (car wash)-but would support the rezoning on a land -use basis as he felt it was appropriate. Councilman Dunin had no problem and would support the zone - change as recommended. Mayor Billig could also support the change as recommended. Conceptual approval given to support rezoning as recommended (4 -0). C. Consideration of a Planning Commission recommendation to amend'Appendix A of the Land Use Element (GP 1090) concerning implementation measures; City of San Luis Obispo, applicant. Toby Ross, Community Development Director, reviewed the Council:-.agenda report (file no. 463) and stated the Planning Commission voted 4 -0 to approve the amendment. No public testimony was given. Staff was _recommending a straw vote by Council to approve the proposed changes. The Council could take any action from revising and updating item 2 only, to deleting.the entire appendix. The application could be denied or continued since it was not a project as defined in environmental review rules and no determination need be met. After brief discussion and upon general consensus, Council agreed that the Appendix be deleted (4 -'0). _ D. Consideration of an appeal by Rob Strong of a decision by the Planning Commission (GP /R 1093) denying request to amend the Land Use Element Map and Zoning Map to change the designations from Low - density Residential (R -1) to Medium - density Residential (R -2) on property located at 291, 301, 321 and 331 Hathway Avenue; Jessie Norris and City of San Luis Obispo',` applicants. Toby Ross, Community Development Director, reviewed the council agenda' report (file no. 463) and stated it was the Planning Commission's.recommenda- tion after two public hearings that a technical denial was made on a 3 -1 affirmative vote (four votes had been needed). At an earlier hearing (April 13, 1983), the Planning Commission ruled that the applicant's rezoning request was not consistent with the adopted General'Plan and that an amendment request was needed. At that meeting the Commission alsoi initiated Plan amendments and rezonings for adjacent properties to allow r LJ City Council Minutes Tuesday, August 9, 1983 - 7:00 p.m. Page 5 flexibility and final action on the appli'cant's request. It was staff's recommendation to deny the appeal upholding the Commission's action to deny the General Plan /rezoning request. Mayor Billig declared the public hearing open. Rob Strong, representing the applicant Jessie Norris, stated that Mr. Norris was unable to appear because he was out of the country. He reviewed the history of the rezoning and stated there had been no neighborhood opposition. He felt this was proper as the property was surrounded primarily by R =4 and a small portion of R -1 which made these parcels a logical transition by being zoned R -2. Mayor Billig declared the public hearing closed. Councilwoman Dovey felt that the whole area should be looked at as one piece or not approved for any change. She suggested that if the Council supported an R -2 designation, that an (S) be included as it was adjacent to an R -1 zone; and the traffic and access should be more closely reviewed. She would consider all of Hathway and one side of Carpenter in an R -2 zone. Councilman Griffin stated he could support the four lots to become R -2 possibly adding an (S) designation.' Mayor Billig stated she could support the project as recommended for R -2. Councilman Dunin would also support the project as recommended to R -2. After brief discussion conceptual approval was given to support the rezoning as recommended (4 -0 -1). 2 =E. Consideration of an.appeal by Rob Strong of a decision by the Planning Commission denying request to amend the Land Use Element Map to change the designations from Service Commercial /Light Industrial - Planned Development (C -S -PD) to Tourist Commercial (C -T)•on property located at 2300 Los Osos Valley Road; Jay Stream, applicant (1095). Toby Ross, Community Development director,.reviewed the:council; agenda report (file no. 463) and stated the Planning Commission had voted 4 -3 to deny the request. The applicant's representative had spoken in favor; however, representatives of the neighboring auto dealerships spoke against it stating they had chosen the auto park location partially due to assurances that-it-would become a.consolidated auto- shopping area. They felt the Los Osos.Valley frontage should be reserved for auto dealers. Past recommendation was to approve a negative declaration of the environmental impact, approve the requested General Plan amendment and approve the rezoning from (C -S -PD) to (C -T). Staff anticipated no immediate fiscal impact as a result of changing the types of uses allowed on the site. Tourist development would probably result in greater revenues from transient occupancy, property and utility taxes, in comparison with.revenue from auto - related uses. Public service costs would probably be higher as well. Mayor Billig declared the public hearing open. Rob Strong, representing the applicant Jay Stream; reviewed the zoning history of the site and stated that in December 1978 in response to an application, the site was rezoned to C -H -PD. The rezoning ordinance stipulated that if a development plan was not submitted within 24 months, a ' public hearing would be set to consider city- initiated rezoning back to C -T. The use permit and architectural approval for a car dealership was in 1979;•however; the car dealership had not been developed and the approvals expired. ,No:hearing for a city - initiated rezoning back to C- T,was,held because, in effect, the development plan had been submitted and approved. He felt there was sufficient property in the same location that permitted additional auto dealerships if they were so desired. However, it,was obvious that no one was interested or one would have been built by this time. Again, he did not feel the specific use of the property should be a concern, i.e. the 150 -room motel proposed for the project. City Council Minutes Tuesday, August 9, 1983 - 7:00 p.m. Page 6 Mayor Billig declared the public hearing closed. Council again discussed the zoning history of the site and what plans had been pursued to encourage an auto park way. Councilman Dunin stated he could support the request as he felt the majority of the dealers have obviously resisted moving into the area, adjacent parcels were already C -T; and he felt a motel at this location was important. Councilwoman Dovey also could support the C -T zoning. The last time it was changed she would not have been able to support it as it again seemed to be spot zoning. She would, therefore, be able to support the request but she was not sure she would be able to support the eventual potential use. Councilman Griffin would prefer to have,a more comprehensive use looked at for the area. He felt strongly that there should have been some implementa- tion.to support the original-policy to make this an auto parkway. Mayor Billig agreed and-was concerned that this zoning possibly should have reverted back to the original C -T, which would not have necessitated coming back to the Council at this time. If Auto Park Way was ever to happen, the Council must take a hard look at allowed uses on Monterey Street. 'She would prefer to look at the entire area. After considerable discussion staff was directed to evaluate and report back on the entire area including possible long -term future land uses, planning perceptions and the viability of an auto park concept and look toward long -term planning direction for this area- (3 -1). 3. REPORT OF ACTIVITIES BY STANDING COUNCIL SUBCOMMITTEES A. Area Council of Governments Councilwoman Dovey Councilwoman Dovey reported on recent actions taken by COG and stated COG had sent letters to OCS with regard to air quality. There was continued support for the continuation of the Atascadero bus line, and the Committee was currently updating the Regional Transportation Plan. B. County Water Advisory Committee Mayor Billig Mayor Billig stated that an amendment had been made to the live stream concept and that the water and sewer masterplan was being worked on. Templeton's water situation is now resolved as they.are no longer asking for the Nacimiento water. She will be on the Committee to evaluate the study. Nothing is being done on State or Nacimiento at this timer C. North Coastal Transportation Councilman Settle:.'- No report received due to Councilman Settle's absence. D. Whale Rock Commission Mayor Billig Mayor Billig stated that the Commission had given final approval to the budget. An agreement had been reached with regard to water consumption. Also, they had reached agreement with regard to excess water to be 'charged to the various member and non - member agencies. The Mens' Colony would be charged $50 per acre feet for excess water. She stated that a new member, Mr. Robert Chun, representing the State Department of Resources, was now on board and she felt he was a valuable asset to the Commission. She stated the Safe Annual Yield Study that had been performed in 1974 was reaffirmed by the Commission as being the figures from which they would work;. however, it was strongly objected to by the Mens' Colony. E. Zone 9 Advisory Committee Vice -Mayor Dunin Vice -Mayor Dunin stated that the budget had been approved by the Board of Supervisors and had also been very controversial. Several new approaches are being looked at: 1) the city has taken over several projects, and they are now under the supervision of the city; 2) the Zone 9 Committee will 1 1 n 1 City Council Minutes Tuesday, August 9, 1983 - 7:00 p.m. Page 7 study the Airport area regarding drainage only; 3) the City of San Luis Obispo makes the largest financial contribution but does not have equivalent voting strength, which is why most of this-money goes towards other areas. He stated he was reviewing the Fish and Game's responsibilities. He felt that they assumed more responsibility than -they have been given; however, he did feel the city had a good relationship with the current representative from Fish and Game. He was more concerned if that person should leave: C O M M U N I C A T I O N S C -1. After brief discussion the City Attorney was directed to review the possibility that the east facility gym at the CMC will be renovated to provide for 200 additional inmates. C -2 Council supported the sponsoring of an annual awards dinner for advisory bodies, specifically a barbecue to be held in September to thank former members for their past service to the city. Council agreed to invite members and spouses. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 9:15 p.m. to Friday, August 12, 1983; at 11:30 a.m. Pamela Voges, Oity Clerk APPROVED BY COUNCIL: 9/6/83 :MIN -.UT ES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO FRIDAY, AUGUST 12, 1983 - 11:30 A.M. ATTORNEY'S CONFERENCE ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron.Dunin, Robert Griffin and Mayor Melanie C. Billig Absent: Councilman Allen K. Settle City Staff Present: Pam Voges, City Clerk 11:40:a.m. City Council adjourned to Closed Session to discuss Personnel Matters. (City Clerk) 1:15 p.m. Mayor Billig declared a recess. 1:30 p.m. City Council reconvened in Closed Session to discuss Personnel Matters. (City Attorney) 2:45 p.m. City Council reconvened, Councilman Settle absent. There being no further business to come befor he City Council, Mayor Billig adjourned the meeting to Monday, -Aug S 5, 1983, 1200 noon. IA 5z mela Voges, City e k APPROVED BY COUNCIL: 10/18/83