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HomeMy WebLinkAbout11/01/1983City Council Minutes Tuesday, November 1, Page 2 C -1 COUNCIL MINUTES 1983 - 7:00 p.m. - C O N -S E NT CA L E N D A R On motion of Councilwoman Dovey, seconded by Councilman Settle, the following minutes were approved as amended: Tuesday, July -5, 1983 - 7:00 p.m.; Tuesday, September 6, 1983 - 7:00 p.m.; Transcript of Tuesday, September 20, 1983'-.'7:12 p.m. (item #1)'. Motion carried, all ayes. C -2 CONTRACT PAY ESTIMATES On motion of Councilwoman Dovey, seconded by Councilman Settle, contract pay estimates and change orders were approved and ordered paid as amended. Motion carried, all ayes. C -3 REPORT ON BIDS - CONTRACT TO FURNISH TRANSIT COACHES Council reviewed report on bids received for "CONTRACT TO FURNISH TRANSIT COACHES "; bid estimate $428,900, without contingencies; bids opened Friday, October 21, 1983. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5241 (1983 Series), a• resolution of-the Council of the City of San,Luis Obispo awarding bid to Bus Industries of America, Inc., in the amount of $406,187. Passed and adopted on the - -following roll call _ yq.te: -_ .: •. AYES: 'Councilm'embers Dovey; Settle, Dunin, Griffin and Mayor Billig NOES: None I.. ABSENT: None C -4 APPOINTMENTS TO THE JOINT RECREATIONAL USE OF SCHOOL DISTRICT PROPERTY COMMITTEE On motion of Councilwoman Dovey, seconded by Councilman Settle, that the recommendation by staff for appointments to the Joint Recreational Use of School District Property Committee be accepted subject to the Board of Education's confirmation. Staff further directed to update the committee bylaws to conform to the Advisory Body Handbook guidelines. Appointments as follows: 1. Donald King - reappointed, term to expire 3/31/85 2. Steve Gale - reappointed, term to expire 3/31/86 3. Sharon Gripp - reappointed, term to expire 3/31/85 4. Mike Smithers - appointed;"term to expire 3/31/86 5. John Bria - appointed, term to expire 3 /31/86 6. Dan Fulmer - appointed, term to expire 3/31/86 Motion carried, all ayes. C -5 CAC WORK PROGRAM Council considered the Annual Work Program for the Citizen's Advisory Committee which was going to consist of involvement in the Strategic Planning Program, an on -going project on a public information program, and Fire Master Planning. U Mayor Billig stated that when it comes to public information and public ' relations, she would like to see the committee reviews take an overall approach and not just a revision of the newsletter. She would like to see a much more open ended approach to how the city can better conduct its community relations. Council concurred (5 -0)'. C -6 SUBDIVISION AGREEMENT TIME EXTENSION' Council considered a resolution extending the subdivision agreement for City Council Minutes Tuesday, November 1, 1983 - 7:00 p.m. Page 3 Tract 781 (Exposition Park, Phase III) to provide for a 12 -month time extension; Gann Investments, subdivider. Dave Romero, Public Works Director, stated that the Fish and Game Department may not allow the developer to have this portion of the project completed by January 1, 1984, but did not feel that would cause any real problem as long as - they -were well underway by June 1, 1984., After brief discussion, it was moved by Councilwoman Dovey, seconded by i� Councilman Settle, the following resolution be introduced: Resolution No. 5242 (1983 Series), a resolution of the Council of the City of San Luis Obispo extending the subdivision agreement as amended. 1 1 Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None P U B L I C H E A R I N G S 1. FINAL PASSAGE OF ORDINANCE NO. 994 - SOUTH STREET (R1112) Council held a public hearing to consider final passage of Ordinance No. 994, an ordinance rezoning property located at 265, 271, 277 and 285 South Street from (M)- Manufacturing to (C -S) Service Commercial; Midland Pacific Building Corp., applicant (continued.from 9/20/83.and 10/18/83): Toby Ross, Community Development Director, briefly reviewed the council agenda report (see file no. 463) stating that the Council had passed to print the ordinance to implement the proposed rezoning at its meeting of October 18;.1983.--The site consisted of 4'lots. totaling approximately 3.7 acres, presently undeveloped, although the city had granted ARC and tentative map approval for:an industrial condominium project on.ithe site: Nearby uses included single and multiple dwellings, a print shop, auto repair and a construction material supplier. He recommended final passage.of the ordinance as recommended. Mayor Billig stepped down. Vice -Mayor Dunin presiding. Vice -Mayor Dunin opened the public hearing. No one spoke for or against the proposed passage of the ordinance. Vice -Mayor Dunin closed the hearing. After brief discussion it was moved by Councilman Settle, seconded by Councilman Griffin, to give final passage to Ordinance No. 994 (1983 Series) as submitted. Finally passed on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig Mayor Billig returned to•the Council meeting: 2. FINAL MAP1APPROVAL FOR--TRACT 929 -:UNIT I Council held a public hearing to consider a resolution granting final map approval for Tract 929, Unit I, creating 24 residential lots and one City Council Minutes Tuesday, November 1, 1983 - 7:00 p.m. Page 4 open -space lot (portion of Phase I) of.the Edna -Islay Specific Plan located at 4000 Broad Street; R -1 -SP zone; Santa Lucia Hills, Inc.-, subdivider. Dave Romero, Public Works Director, briefly reviewed the council agenda report (see file no. 410 -929) stating that this was the first unit of Tract 929 and"Phase I of the Edna -Islay Specific-Plan, consisting of 7 units All conditions had been "met and /or bonded for. Staff was recommending Council adoption of the resolution conditionally approving the final map and authorizing the Mayor to.execute the subdivision agreement. Mayor Billig declared the public hearing open. Charles French, subdivider, stated he was available if the Council had any questions. Mayor'Billig declared the public hearing closed. ' Mayor Billig questioned the legality of not having the fees.in hand prior to giving final approval of the map. Roger Picquet, City Attorney, stated that the law was fairly clear on this issue, in that all fees should be in receipt prior to granting of the approval as the law does not provide for conditional approval. In this particular case, he would assume that there was minimal risk as this was only the first phase and the Council was in a position to come back on the developer.in the event the fees were not submitted:.. Dave Romero; Public. Works Director, stated that.the procedure that staff followed this time was the practice previously followed, however, the-new City Attorney has changed the procedure. In the future, staff would see to it that all fees were collected in advance. Councilman Griffin questioned if there would.be any problem if this project was held up for an additional,2 weeks until those fees had been submitted. Charles French, subdivider „ stated that in this particular case the fees were extremely high, to the tune of $120,000, and the contractor would be unable to be paid until the final map was given approval by the City. He felt there was plenty of opportunity for the City to collect and did not feel this was a high risk situation for the City. Councilmembers Settle and Dunin stated they had no problem with approving the map as recommended. I . On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 5243 (1983 Series), a resolution of the Council of the City of San Luis Obispo granting final map approval for Tract 929, Unit I, as recommended. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle;-Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None Upon general consensus, staff directed to have fees in hand prior to final map approval. 3. FINAL MAP APPROVAL FOR TRACT 1125 Council held a public hearing to consider.a resolution to grant final map approval for Tract 1125 creating a five -unit industrial air -space condominium conversion located at 855 Via Esteban; M zone; Mark Wheeler, subdivider. Mayor Billig declared-the public hearing open. No one spoke for or against the proposed map. 7 LJ 1 1 City Council Minutes Tuesday, November 1, 1983 - 7:00 p.m. Page 5 Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Griffin,'the following resolution was introduced: Resolution No. 5244 (1983 Series), a resolution of the Council of the City of San Luis Obispo granting final map approval for Tract 1125 as recommended. Passed'and adopted on the following roll call-vote: AYES: Councilmembers Dovey, Griffin; Dunin, Settle and Mayor Billig NOES: None ABSENT: None 4:. FINAL PASSAGE OF GENERAL PLAN ORDINANCES Council held a public hearing to consider final passage of General Plan ordinances to amend the official zone map of the city as shown below: A. BROAD /SANTA BARBARA STREETS . - .0988 -- change designation 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 (continued from 8/9/83 and 10/11/83). B. HATHWAY AVENUE - 0989 =- change designation 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 (continued from 8/9/83 and 10/11/83). C. ALICITA COURT - 0990 -- change designation from Medium - Density Residential (R -2 and R -2 -S) to Medium /High- Density Residential (R -3) on property located at 3120 through 3195 Alicita Court; John Wiebe;•applicant (continued from 8/9/83 and 10/11/83). ' D. MARGARITA AVENUE - 0991 -- change designation 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 (continued from 8/9/83 and-10 /11/83). E: -CASA STREET - 0992--change-designation from Office (0) to High- Density Residential (R -4) on property located at 60 Casa Street; William and Beatrice Jeong; applicants (continued from 10/11/83). F. LOS OSOS VALLEY ROAD - AUTO PARK WAY - 0993 -- change designation from Service- Commercial /Light Industrial- Planned Development.(C -S -PD) to :-,:-Service Commercial special:considerations (C -S -S) on property located at 12300 Los Osos Valley Road; Jay Stream, applicant (continued from 8/9/83 and 10/11/83). Toby Ross, Community Development-Director, briefly reviewed each of the six General Plan properties, stating that the Council could approve, deny or continue any individual item. Council had previously held hearings and could take additional testimony:: Staff was recommending.final passage of thetordinances. 1: Mayor Billig declared the public hearing .open to discuss any or all items. No one spoke for or against any of the ordinances. ' Mayor. Billig declared the:pub,lic hearing.closed. On motion of Councilman Settle; seconded by Councilwoman Dovey', to give final passage to ordinance nos. 988 through 993 as recommended, which were 'introduced:October 11, 1983. Finally passed on the following roll call vote: AYES: - Councilmembers Settle, Dovey, Dunin, Griffin and Mayor'Billig City Council Minutes Tuesday, November 1, Page 6 NOES: None 1983 - 7:00 p.m. ..- ABSENT: None 5. STONERIDGE ONE PROJECT - TRACT 1150 -(PD 1126) Council held a public hearing to consider a Planning Commission recommenda- tion to approve a preliminary development plan for planned development project and tentative map for Tract 1150 (Stoneridge One) to create a 43 -lot residential subdivision with 42 lots`'for houses and one lot for ' future multi - family residential use located at 2877 Broad Street; R -1 -PD; John Ring, applicant (continued from 9/6/83). Toby Ross, Community Development Director, reviewed the council agenda report (file no. 410 -1105) stating that the Council had determined that the tentative map and planned development approvals -.had expired at '.its meeting of September 16. The developer had resubmitted its application and plans for a similar residential project• on the same••site: ' The, Planning- -Commission held its public hearing on October 12 and, on a 3- 2.vote, recommended - Council approval subject to the findings and conditions noted in.the resolution.. A• similar project involving the tentative map.for Tract 935 was originally :approved by the.CounUl in conjunction with preliminary plan approval for planned development rezoning of the property on November 18, 1980. July 27, 1982, the council granted a 12 -month time extension for filing both the precise development plan.and the final tract map. On September 6, 1983, the Council determined that all previous project approvals for planned development in the tract had expired. The Architectural Review Commission continued its previous project on September 15, 1980, no ARC approvals had been granted. Staff was recommending Council take two actions to approve the project as requested;-to approve the preliminary plan including a 25% density bonus with appropriate findings, and approve the tentative map and subdivision exceptions as'outlined with Condition No. 20 modified to include the requirement that a homeowner's association be created to enforce the tract CC &R's. Councilman Dunin noted that-Condition No. 3 referenced a 1.5 acre park. He 1 was concerned as to whether this was going to be held as open space or was actually to be a public park. Toby Ross, Community Development Director; stated that-it was a public park as required and previously discussed by the Council. It.is smaller than the standard for a neighborhood park In order-to be a standard -sized park it would need a minimum of 2.5 acres. Councilman Settle was concerned as to'�whether the.city,wou•ld have the ultimate responsibility for keeping this park up or would the homeowner's association. Mayor.Billig again clarified that years ago it was determined that Sinsheimer Park was too far away to be the neighborhood park for the Rockview /Lawrence Drive area and that the development must_provide.for these amenities., Roger Picquet, City Attorney, stated that as this was a'public park, it really should not be the responsibility of the homeowner's association. Dave Romero; Public Works Director, stated that due to the steepness of most of the park, it would probably remain primarily open space. Councilman Griffin suggested strengthening the language on Condition No. ' 20 -C concerning the responsibility of the homeowner's association: Mayor Billig declared the public hearing open. T. Keith Gurnee, with Richmond Rossi and Montgomery and representing the applicant, reviewed a letter they had submitted to the Council, regarding their concerns: Condition No. '4, Minimum street yard 'setbacks required: He stated.that a 10 foot street yard setback had been a critical ingredient of the planning City Council Minutes Tuesday, November 1, 1983 - 7:00 p.m. Page 7 program and approved previously. In the processing of the submittal, staff and the commission had set a 15 foot setback based on staff's recommendation that the lesser setback would be'too imposing: In requesting that the Council abide by their original 10 foot setback condition, he offered the following arguments: 1) A 15 foot-setback would require that the units along lots 2 -16 be located closer to the lots fronting along Lawrence Drive. In the previous project, many neighbors along Lawrence Drive supported.the 10 foot setback to get .the units further away from their lots. 2).The garages.would be situated at the.setback line, would be ' oriented-for side loading and would not face:.the street... 3) A.10 foot setback.would give the development more intimacy from the street;•not inconsistent with the streetscapes of other residential sections in San Luis Obispo; and 4) because minimal grading was proposed as part of the :.subdivision,:-some of. the, steeper­ individual, lots • (13-16, 17-20) would require more grading when they were .developed if a 15 foot setback was required.. 2) Condition No. 9: referencing the-requirements, subsequent submittal to and approval by the ARC for any'development on those lots. He felt that it should be deleted as an unnecessary item for the following reasons: 1) Lot 1, the closest to Broad Street, which would be developed with 3 apartments .or condominium units sometime in the future; would be required to go through the ARC anyway. 2) Just because lots 25 -29, and 40 -43 were not typical rectangular lots would not make them sensitive sites, a term that had been historically applied to lots with creeks, sensitive environmental conditions, extreme topographic difficulty, etc. 3) The ARC package proposed that units already designed or new designs of similar scale, materials, design vernacular, colors, etc., would be placed on these sites. Based on this, it should not be necessary to go through the ARC for•each design on each of these lots. 4) A condition requiring one quarter of the lots to go through the ARC process was.unnecessarily burdensome, especially when the-design on these lots would have to follow specific design.criteria set forth in the,CC &R's.. It,would also create an additional work load on the staff and ARC that could barely handle the existing work load. One ' additional item was the issue of drainage, particularly along the lots ,facing Lawrence Drive. He stated that the culvert-there was only-an., expensive and arguable concession to the neighbors. Since most stormwater -on the property would.be captured by storm drains and conveyed along. •Stoneridge- Drive, the developments of lots 1 -16, without the culvert; would still be much better for the neighborhood than the present situation. ... .:i .. . . i, :,.. .. . . - . Dave Romero, Public•Works Director; questioned-if the applicant could guarantee paved access to the standard manholes so that the pipes could be cleaned out by staff. Council-and applicant discussed possible alternatives to an easement and access by the city for the maintenance of the back of those lots. Roy Hanff, 569 Lawrence Drive, stated he was still opposed to approval of the project for several reasons: 1) The storm drain or culvert on the property; 2) the 10 -foot easement; 3) 30 -foot setback on the north side of the development;•4) new permit required from Cal Trans for dumping the .rainwater into Broad.Street:,main storm drain;.5) realistic water figures and calculation of rainwater that was going to be diverted into the main storm drain including lot nos. 14, 15 and 16; 6) price of the lot was misleading; 7) 20 =year bond taken out by the developer-,should be written into the project to assure-cleaning of the 'storm drain every year; 8) a full EIR report should be required as testified by.156.neighbors' signatures; and--9) leveling and grading -of all lots should be.a responsibility-.of the developer-and written into the,project.as a condition. Tom Schumann, 630 Perkins Lane and whose residence was located opposite of Lawrence Drive-,agreed that' there:. should be an agreement' ,Whereby the developer would.-bond or take the financial responsibility in some way for 20 years for any possible flooding or.drainage problems inherent with this project. John Ring, +,developer, stated:that.the-7original goal.for•this.project was affordable housing.- These additional-conditions would not provide for City Council Minutes Tuesday, November 1, 1983 - 7:00 p.m. Page 8 that., With regard to the setback line, he. stated that five architects had reviewed the-project and.did,not feel the 15 -foot setback was required and would urge the Council to leave this issue alone. With regard to drainage, he felt the drainage improvements being put in for this project would enhance the entire area making it much better for both those people living in the project as well as the owners located on Lawrence-Drive.- Upon question by Councilman Settle as to whether or not he would be.willing to bond the drainage for 20 years, Mr. King was unaware of what the ramifica- tions might be -and felt - that'the situation really did not warrant the bond ' because of the - amount of- improvements that were being provided. With regard -to•who should be the responsible party, Toby Ross, Community Development Director, stated that the flood plan recently adopted by the council requires the property owner to be the responsible party. Roger Picquet, City Attorney, stated that with regard to the bonding issue, it may not be feasible to require the developer to bond for such an item. Councilman.Dunin was.also concerned with the drainage issue; stating that the property•owner should have recognized that when the land was purchased it would be a difficult site to develop. Tom Schuman questioned if.the developer would sign another agreement to accept the iesp6hsibility or whether- he-would be willing to pay'foi some type of flood insurance. Mayor Billig.declared the public hearing closed. Dave Romero, Public Works Director, suggested adding to Condition No. 11 to read "A 10 -foot drainage easement shall be granted to the city over said drains and at periodic access intervals, to be- located and moved-at the mutual.agreement -of the developer and the city ". ' Councilwoman Dovey did not have a problem with the variable 15 -foot setbacks. Councilman Settle stated that some access to assure protection from flooding should be required. He would be willing to live with 10 -foot setbacks. Councilman Dunin had no problem with the variable setbacks between 10 and 15 feet. The drainage issue, though, must be addressed. Councilman Griffin stated he could support the resolution. Mayor Billig suggested amendment to Condition No. 6 to read "House models A -F may be used along north property-line if landscape features are incorpo- rated to mitigate potential privacy conflicts." Councilman Settle agreed: Mayor Billig stated.she, agreed with the setbackstas set by staff, keeping in mind that this situation•is'rather unique. She would-look at the.height and privacy factors. She could agree with 10 -foot setbacks in the front yards. She would like the language strengthened with-regard to front yard landscaping. Regarding drainage, she would support the current CC &R`s if staff could not come up with anything better. With regard to the 25% density bonus, she did not feel the developer had really done anything special. It appeared that the bonus was given almost automatically. She , would have preferred to have seen more emphasis on solar or some innovative architectural or open space prior to granting it. Council also discussed the pros and cons of the small park and whether a mini or neighborhood park should be allowed in this kind of.a development or if in -lieu fees would have been better and those monies gone towards improving a larger size park. After discussion, it was moved by Councilwoman Dovey, seconded by Councilman Settle, to continue this item for staff to incorporate the revisions as City Council Minutes Tuesday, November 1, 1983 - 7:00 p.m. Page 9 discussed.this evening, with the intent to. bring it back at the November 15, 1983, council meeting for Council review. Motion carried on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: Councilman Griffin ABSENT: None ' - 1 WILLOWBROOK 6. TENTATIVE MAP APPROVAL 1 05 ( ) i Council held a public hearing to•cotisider a Planning Commission recommendation to grant tentative map approval for Tract 1105 (Willowbrook) creating a 28 -unit residential air - space "condominium located at.3990 and 4025 Poinsettia Street; R -2 -SP• zone; Cuesta .Valley Properties, "subdivider. Toby Ross, Community Development Director., reviewed the council agenda report (file no. 410 -1105) and recommended that Council approve the tentative map subject to the findings and conditions as listed in the resolution. Mayor Billig declared the public hearing open. Charles French,-representing-the applicant,'stated he was available for any questions the Council might have. Mayor Billig declared the public hearing closed. Mayor Billig suggested an amendment to Condition No. 12 with regard,to the noise attenuation wall that it be landscaped on both sides. Council concurred. After discussion, it was moved by Councilman Settle, seconded by Councilman Griffin, the following resolution be introduced: Resolution No., 5245 (1983 Series), a resolution of the Council of the City of San'Luis Obispo granting tentative map approval as amended. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT:. None C 0 M M U N I C A'T I 0 N S- A:--Council-agreed-to-host League of California Cities Meeting in May or June, 1984 in the City of San Luis Obispo as requested by Councilman Settle (5 -0). B. Mayor Billig stated that the Administrative Officer, Attorney and herself have been reviewing the concerns various public members had with regard to the expansion of the California Mens' Colony East Facility and would welcome any Council comments to that effect. 9:10 p.m., Councilman Griffin left the meeting. City Council agreed to adjourn this meeting to Thursday, November 3, 1983, at 12:00 noon for a field trip to the Castle residence where a proposed bed and breakfast request will be coming before the Council next week. Councilman Griffin returned to the meeting. 9:20 p.m., Mayor Billig adjourned the meeting to Closed Session to discuss Litigation Matters. City Council Minutes Tuesday, November 1, 1983 - 7:00 p.m. Page 10 11:00 p.m. City Council reconvened in Open Session. There being no further business to come before the City Council, Mayor Billig adjourned the meeting to Thursday, November 3, 1983, at 12:W\noon. 5 s, City APPROVED BY COUNCIL: 12/13/83 -------------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY, NOVEMBER 3, 1983 - 12:00 NOON COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Allen K. Settle and Mayor Melanie C. Billig Absent: Robert Griffin City Staff Present: Toby Ross, Community Development Director ------------------------------------------------------------------ - - - - -- 1 12:15 p.m. City Council adjourned to field trip to the Castle residence at 1826 Chorro Street regarding an appeal on a bed and breakfast proposal. 3:00 p.m. City Council returned to City Hall, Councilman Griffin absent. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 3:00 p.m. to es ay, November 15, 1983 at 7:00 p.m. L . Pamela Voges, Ci y Clerk APPROVED BY COUNCIL: 12/13/83 M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 15, 1983 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ' unT.T. r.AT.T. Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen K. Settle and Mayor Melanie C. Billig Absent: None