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HomeMy WebLinkAbout02/21/1984City Council Minutes Tuesday, February 7, 1984 - 7:00 p.m. Page 8 NOES: None ABSENT: Councilman Griffin 7. BRIEFING BY LEGAL COUNSEL ON REQUIREMENTS OF STATE LAW (File #302) Roger Picquet, City Attorney, briefed the Council with regard to provisions of the Brown Act. 1 There being no further business to come before he City Council, Mayor Billig adjourned the meeting at 9:30 p.m. to ue day, Febryary 21, 1984, at 7:00 p.m. / Pa ela Voges, i C rk APPROVED BY COUNCIL: 4/3/84 M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 21, 1984 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen K. ' Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Roger Picquet, City Attorney; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Roberta Goddard, Finance Director; Roger Neuman, Police Chief; Dave Romero, Public Works Director C O N S E N T A G E N D A On motion of Councilman Dunin, seconded by Councilman Settle, the consent agenda unanimously approved as recommended with the exception of C -3. The following actions taken as indicated: C -1 MINUTES Minutes of Tuesday,. December 13, 1983 - 7:00 p.m.; Monday, December 19, 1983 - 5:30 p.m.; Tuesday, January 3, 1984 - 7:00 p.m.; Monday, February 6,. ' 1984 - 12:10 p.m. approved as amended. C -2 EXTENSION OF -SEWER FARM LEASE (File #521) Resolution No. 5303 (1984 Series), a resolution of the Council of the City of San Luis Obispo amending lease agreement between the City and Bob Simonin to extend the sewer farm grazing lease for an additional year through May 31, 1988, with Mayor authorized to sign was adopted as recommended. City Council Minutes Tuesday, February 21, 1984 - 7:00 p.m. Page 2 C -3 CITY COUNCIL ACTION MINUTES (File 46118) A) After brief discussion and on motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5304 (1984 Series), a resolution of the Council of the City of San Luis Obispo authorizing action Council minutes and establishing procedure for duplicating taped Council meetings was adopted as amended (5 -0). B) On motion of Councilman Griffin, seconded by Councilman Settle, the following..resolution was introduced: Resolution.No. 5305(1984 Series),,a resolution of the Council-of the City of San Luis Obispo.revising the resolution establishing City Clerk fees to include transcript fees was adopted.as recommended (5 -0). On motion of Councilman Settle, seconded by Councilman Griffin, staff was directed to evaluate streamlining minutes of Planning Commission, Architectural Review Commission and Human Relations Commission with the possibility of establishing a form of action minutes similar to that of the City Council (5 -0). C -4 SURPLUS PERSONAL PROPERTY AUCTION (File 46166) Resolution No. 5306 (1984 Series), a resolution of the Council of the City of San Luis Obispo declaring certain personal property as surplus was adopted as recommended. Resolution No. 5307 (1984 Series), a resolution of the Council of the City of San Luis Obispo approving a sale agreement with Golden West Auctioneers with Mayor authorized to sign was adopted as recommended. C -5 POLL CLOSINGS FOR PRESIDENTIAL ELECTIONS (File 16322) Resolution No. 5308 (1984 Series), a resolution of the Council of the City of San Luis Obispo urging news media to refrain from projecting or predicting I presidential election results until all polls have closed was adopted as amended by Councilwoman Dovey. P U B L I C H E A R I N G S 1. APPEAL OF PLANNING COMMISSION DECISION - ELLA STREET (File 16407) Council held a public hearing to consider an appeal by James and Lois Gall, and Michael Draze of a decision by the Planning Commission approving an exception to the reduction of density based on slope for a lot on the south side of Ella Street near the Henry Street intersection (1111 Ella Street); R -2 zone; Robert Andreini, applicant (continued from 1/17/84). Toby Ross, Community Development Director, briefly reviewed the Council agenda report and stated it was staff's recommendation that Council deny the appeal and allow the exception as approved by the Planning Commission. Councilman Griffin stated for the record that he had an opportunity to review the taped transcripts and Council agenda report from the previous meeting when this item was discussed and he was absent. Mayor Billig declared the public hearing open. Michael Draze, 1151 Ella Street and one of the appellants, stated he had nothing new to add but would be available to answer any questions. Terry Simons, one of the representatives for the applicant, submitted a copy of an agreement signed by the Galls at the time their addition was approved by the city. In light of a comment made at the.previous Council meeting, he stated that this document showed that there was no agreement stating the Galls would not rent their property but rather that they would not subdivide the property. He hoped this would help to clarify that issue. Patrick Gerety, representing the Planning Commission on the first four items, stated he would be available for questions should the Council wish to know the Planning Commission's rational for those decisions. City Council Minutes Tuesday, February 21, 1984 - 7:00 p.m. Page 3 Mayor Billig declared the public hearing closed. Councilwoman Dovey felt that the decision before the Council tonight was really the density issue and should be limited to that issue. As such, the initial application should have been reviewed and a decision reached at the administrative level rather than having gone to Council. The administrative level could have allowed reduced density or requested a revised project. The entire neighborhood was zoned R -2, and as such, she did not feel that the 7 plus acres should represent a problem as 8.4 units per acre were ' allowed. If, however, the Council felt that 7 units was not the preferred number for this area, she would would be willing to consider another density figure. Councilman Dunin agreed that this was a density issue and, therefore, he was not going to add anything from his previous statements and would continue to support denial of the appeal. Councilman Griffin stated that he was supportive of the appellant's right to exercise the appeal procedure and that should always be done unless the process is used unfairly. He felt that the basis for the appeal was a responsible one, however, he did feel that the slope density standards made by the Planning Commission were accurate and he was, therefore, supportive of their decision to allow the exception. Councilman Settle supported upholding the appeal as stated previously. Mayor Billig stated she was disappointed primarily in the procedural process that had brought this item-to Council: She felt properties that abut Terrace Hill had worse problems due to the extreme drainage and slope density'. Her concerns again were: 1) the process, 2) slope density, and 3) keeping the policy intact. On motion of Councilwoman Dovey, seconded by Councilman Settle; to deny the 1 appeal and amend the resolution establishing a maximum density of not seven, but six units per acre on property at 1111 Ella Street with the finding that this would not be detrimental to the public health, safety or welfare. The Council then held a lengthy discussion as to the benefit or loss of units that would result by reducing the maximum density currently allowed as well as any reduced liability if there was fewer units made available. Staff indicated that the liability.would not be greatly reduced by reducing it from seven to six units. Councilwoman Dovey then withdrew her motion and Councilman Settle withdrew his second. It was then moved by by Councilwoman Dovey, seconded by-Councilman Griffin, the following resolution was introduced: Resolution No. 5309 (1984 Series), a resolution of the Council of the City of San Luis Obispo denying appeal as recommended. Motion carried-on a 3 -2 vote with Councilman Settle and Mayor Billig voting no. 2. ZONING REGULATIONS AMENDMENTS .(File #463). Council held a public hearing to consider revisions and additions to the Zoning Regulations, including final passage of Ordinance No. 1003 which ' would revise the regulations to provide additional uses allowed in the neighborhood - commercial zone (continued from 12/13/83 and 1/10/84) and final passage of Ordinance No. 1006 which would make-miscellaneous minor revisions-concerning procedures, property development standards, density, and uses allowed in various zones (continued from 1/17/84). Toby Ross, Community Development Director, made a lengthy report and stated that-the policy had been determined by the Council at its meeting.of January 10, 1984, after consideration of recommendations by staff (against office uses) and Planning Commission (in favor of office uses).. If Council's intent to allow the office uses in the C -N zone remained, then staff would City Council Minutes Tuesday, February 21, 1984 - 7:00 p.m. Page 4 recommend adoption of the ordinance as introduced at the 1/.10/84 meeting to provide for those uses. He showed a chart which gave the locations of all the current commercial neighborhood zones, including their total floor area and how the effect of the expanded uses would affect the specialty, retail office and bicycle shop as compared to the vacant floor area and the potential new uses. In essence, the proposed changes to the ordinance would not have a significant impact on the uses in those zones. Councilman Settle did not feel that the term "shopping center" was well enough defined in the ordinance and suggested that a better definition be made or to change the term entirely. He also questioned how the 25 percent was calculated for determining allowable retail sales, repair of bicycles and professional offices. It did not seem clear as to whether this would be based,on the entire shopping center or by parcel. Toby Ross suggested that an alternative word for shopping center could be "project" and reviewed how the 25 percent was calculated. Mayor Billig declared the public hearing open. T. Keith Gurnee, with Richmond, Rossi.and Montgomery, stated he had been retained by several property owners in.0 -N areas and that this issue came up as a result of direction by City Council and Planning Commission to staff regarding uses allowed in the C -N zoned area. Many merchants have been involved in working and reviewing with staff their.concerns and viable solutions. At this point, there had been four drafts, three Planning Commission hearings, and now they were before the City Council.. He felt that staff had adequately addressed the impacts of the expanded uses and this would provide neighborhood zones that would not be simply "food parks." In particular, he cited the Foothill Shopping Center, where there are now six restaurants. These restaurants cater to out -of -area residents, not neighborhood uses. It was for this reason that he would like to see additional uses provided. Many of the current uses were already non - conforming and this would simply allow them to become conforming uses. The question , was not the commercial neighborhood owners trying to expand in order to make a dollar, but rather that the uses provide a better variety for the neighborhood residents. He felt that the process by staff had been an exhausted one and even with the expanded uses, San Luis Obispo would remain the most restrictive city in this area. He would, therefore, urge Council's - support of the recommended action. In response to a question by Councilman Griffin, Mr. Gurnee stated that he did not have a problem with the definition of shopping center. It was clear, at least to him, that staff was talking about either parcel or the center. Rose McKeen, owner of Laurel Lane Shopping Center, commented on the results of the Strategic Planning Program. She felt it was clear that flexibility would have to be provided in the C -N zone. People should not have to rush downtown for every small need that could be easily met in these zones. Ken Porche, owner of Charles Shoes, was concerned how the 25 percent would be calculated on those properties with "multiple" ownership.and how the enforcements would be handled. Each shopping center should be treated individually and the decision should be based on whether or not they are primarily C -N or C -R, rather than taking one zone and trying to expand upon it to apply to all zones. John Rosetti, 1303 Garden Street and part -owner of the Laguna Lake.Shopping , Center, agreed that the expanded uses would not be for the purpose of trying to fill the center. He felt that this was not the problem but the real issue was the tenant mix. He too would support the proposed ordinance. Mayor Billig declared the public hearing closed. Councilman Griffin questioned that if anything was changed in the ordinance in order to help clarify it, would this require the ordinance to be re- intro- duced to print. City Council Minutes Tuesday, February 21, 1984 - 7:00 p.m. Page 5 Councilman Settle agreed that there should be some flexibility to the definition of "center." He would like staff to review the accumulative and enforcement definition and come back within 60 days with report to Council. Councilman Dunin stated he had no problem with the intent of the ordinance. The ordinance has been introduced to print, and he was ready for its final passage. He agreed with one comment made by Mr. Porche that his first preference had been an intermediate zone, rather than expanding on the current. However, as Council had not been supportive of this, he now would urge final passage of the ordinance. Councilwoman Dovey stated that she would still like to have additional time to review and examine the uses currently allowed in the C -N zones, where they are, what they provide, and the possibility of adding an additional zone. If in fact the areas were very different from one another, then they should be treated differently. She did not feel that sufficient information had been brought forward by staff in response to her earlier concerns. She would prefer to look at an overall approach, although at this time, felt that Laguna Lake Shopping Center should be C -R as well as the Foothill Shopping Center. She felt those were definite satellite areas and also felt we should be looking at a definite policy and philosophy. She thought the current ordinance was unclear and that the enforcement would be difficult. Currently most needs were met by neighborhood - commercial areas without any additional expanded uses. There were very few emergencies that would require them to go further. She was particularly concerned that Council not handle this through a piece -meal or patch -work approach. Mayor Billig supported-comments.-by Councilmembers Settle and Dovey. She felt greater clarification needed to be made of the.25 percent calculation. She would-like to see a far greater analysis of what was going on in the centers currently, with what the impacts would be with the additional uses. She was-concerned-about how the environmental determination had been.made, not only with the impacts on the.downtown, but also the effect on the C -N areas. She did feel enforcement would be a problem. After brief discussion and on motion of Councilman Settle, seconded by Mayor Billig, to direct staff to review the proposed ordinance that would allow expanded uses in the neighborhood- commercial zone and bring back within 60 days after review of possible enforcement problems, approval standards, further evaluation of current neighborhood uses and clarifi- cation of definitions of commercial neighborhood zone. After brief:discussion at 9:05.p.m. Mayor Billig declared a recess. At 9:30 p.m. City Council reconvened, all Councilmembers present. Councilwoman Dovey suggested.an addition to the previous motion that would require staff to evaluate existing.0 -N zones in relation to their.neighbor- hood and the community as a whole in order.to consider possible rezoning of some C -N zones. Councilman Settle was agreeable to the addition :and,also.requested,that the portion of the motion that referenced staff bringing this back within 60 days be deleted. Mayor Billig agreed:to. this change. It was therefore moved by Councilman Settle, seconded by Mayor Billig, to direct staff -to review the proposed ordinance allowing expanded uses in the neighborhood - commercial zone and bring back after evaluation of possible. enforcement problems, approval standards, further analyses of current neighborhood uses and clarification of definition of the neighborhood-com- mercial zone. Staff directed to concurrently evaluate existing C -N zones in relation to.the,ueighborhood.and.the community as a whole.in order to consider possible.rezoning of some.C- N,zones. Motion,carried on a 4 -1• vote, with Councilman Griffin voting no. 2B. Council held a public hearing to consider•final.passage of Ordinance No. 1006 (file #463). City Council Minutes Tuesday, February 21, 1984 - 7:00 p.m. Page 6 Toby Ross, Community Development Director, reviewed the Council agenda report stating that this ordinance had been introduced at a previous Council meeting which would provide a negative declaration of environmental impact and implement changes as previously reviewed. He would, therefore, recommend final passage; however, he suggested that some deletions would be required as a result of the C -N item not being approved. Staff would, therefore, delete those sections that referenced C -N. Council questioned the City Attorney as to how this would impact final passage of the ordinance. I Roger Picquet, City Attorney, stated that he did not feel those changes were significant and,- therefore, the final passage could be made. Mayor Billig declared the public hearing open. No one spoke for or against proposed final passage of the ordinance. Mayor Billig declared the public hearing closed. On motion of Mayor Billig, seconded by Councilman Settle, to give final passage to'Ordinance 1006, an ordinance making miscellaneous minor revi- sions to the Zoning Regulations concerning procedures, property development standards, density, and uses allowed in various zones with .a few changes regarding the C -N zone as- recommended. Motion carried to give final passage on a 4 -1 vote with Councilman Griffin voting no. 3. GENERAL PLAN /SPECIFIC PLAN AMENDMENTS (File #463) A. GP /R 1128 (Southwood): Council held a public hearing to consider -a Planning Commission recommendation to amend the Land Use Element and Zoning Map to change the designation of an approximate V1 acre site from medium - density residential with special considerations to high- density residential with special considerations located at 1045 Southwood Drive; Southwood Project, applicant. Toby Ross, Community Development Director, reviewed the Council agenda report stating that staff was recommending Council's concurrence of the negative declaration and adoption of the resolution to approve the General Plan Land Use map amendment and-introduction of the ordinance to rezone the site from R -2 -S to R -4 -S. Mayor Billig declared the public hearing open. Rob Strong, Planning Consultant representing the applicant, reviewed the project focusing on the concerns to the General Plan Land Use issue and the additional review as required by the "S" designation. He stated that the applicants were supportive of the changes as recommended by staff. He then provided Council with a lengthy review of the project, the various zonings that it has had and reviewed the project proposed for this .site. He urged Council's approval of the rezoning to R -4 -S. Hank Harbors, owner of Electronic Skills International Manufacturing Company (ESI), spoke against the proposed rezoning request and stated that most of the property in this area was zoned manufacturing, and he did not feel that residential was appropriate. It would devaluate his property, it would not be good for any potential residents and he would, therefore, urge Council's opposition as well. Don Smith agreed with the previous speaker stating that the apartment complex built in the area was a poor one and the proposed project was I equally poor. Rod Levin, with Ross, Levin & MacIntyre Architects and representing TRW Electronics, which is located on the north side across Southwood Drive, submitted a four -page letter to the City Council listing their concerns. In conclusion he stated that as it was not possible to predetermine the. actions of future City staff members, commissioners and Councils regarding the property, it was imperative that the minimum standards outlined in his letter be adopted to insure compatibility of the manufacturing and residen- tial uses. They believe that in addition to the specific recommendations City Council Minutes Tuesday, February 21, 1984 - 7:00 p.m. Page 7 set forth, that a R -3 -S designation would be more appropriate for the apartment project and more consistent with all prior Planning efforts between TRW, the City and the property owners. Rob Strong then responded to several of the points in Mr. Levin's letter stating that primarily the issues pertain to site planning. He stated that they had voluntarily contacted all the property owners during the initial design concepts and hence, submitted a considerably revised plan to provide for many of the amenities and concerns that were referenced in the report. He felt that as his clients were agreeing to the "S" designation and the sizable density reduction, more should not be asked of them at this point. They would be utilizing extensive landscaping buffers, although he did have a problem with the request for an eight -foot masonry wall. He did not feel that this would be aesthetically pleasing or resolving of the problem. Upon question by Councilman Dunin, Mr. Strong stated that the original plan was for 191 units and at this time their project was for 168 units. Patrick Smith, applicant and principal of Smith Andrews and Piperatto, reiterated that a great deal of time had been spent in trying to satisfy the concerns of the neighbors and staff. He felt the project would enhance the area, housing was extremely critical -- response to the housing shortage is long overdue, and this would help ease the plight of the homeless. Upon question, Toby Ross, Community Development Director, stated that the project would be built in a phased- approach and if the project was to begin construction today, no more than 52 apartments could be built. Mayor Billig declared the public hearing closed. Councilman Griffin stated that the request for R -4 -S, even with the addi- tional controls, may aggravate the situation and he would, therefore, not be supportive of the rezoning request. However, he probably could rezone ' the property to an R -3 with an "S" designation. Councilman Settle agreed with comments made by Councilman.Griffin. He felt that R -4 -S was not appropriate:. Councilwoman Dovey agreed that R -4 -S was:inappropriate. She would prefer to see the entiie 'city-reviewed'for.possible areas where.high residential uses could best be provided. In the event there are other areas more suitable, she might be willing to rezone this property to another designation such as manufacturing. Councilman Dunin stated that although he was very supportive of increased housing stock, he did agree with Councilwoman Dovey that the problem with the compatibility of the residential and manufacturing is this area was lacking. In any case, he felt that a second access would have to be provided in the development, three stories was too high; and he felt the future residents would not be comfortable with the traffic and noise impacts. He would not have as much problem with an R -3 -S designation. Mayor Billig stated she was supportive of comments made by Councilmembers Settle and Dovey. Her largest problem being that of land use compatibility. She too could possibly consider rezoning this property to manufacturing. On motion of Councilwoman Dovey, seconded by Councilman Settle, to deny the request for R -4 -S zoning on the site located at 1045 Southwood Drive. ' Motion carried on a 3 -2 vote with Councilmembers Dunin and Griffin voting no. On motion of Councilwoman Dovey, seconded by Councilman Dunin, staff be directed to evaluate and analyze other potential areas for high residential uses and report back including relationships for appropriate uses of subject property. Motion carried on a 4 -1 vote with Councilman Griffin voting;no. 3B. GP 1136: Council held a public hearing to consider amending the Land Use Element text regarding goals and policies for neighborhood - commercial areas; City of San Luis Obispo, applicant. City Council Minutes Tuesday, February 21, 1984 - 7:00 p.m. Page 8 After brief discussion it was moved by Councilman Griffin, seconded by . Councilman Settle, to continue this item until review of the C =N uses comes back to Council. Motion carried, all ayes. 3C. SP 1143: Council held a public hearing'to consider amending the Edna -Islay Specific Plan text regarding phasing and energy conservation measures; Santa Lucia Hills, Inc., applicant. Charles French; applicant, stated that due to the late hour he would .. request that this item be continued. ' On motion of Councilman Dunin; seconded by Councilman Settle, to..continue. this item to date uncertain as requested by the applicant. Motion carried, all ayes. 4: STONERIDGE ONE PROJECT - TRACT 1150 (PD 1126) (File 41410 -1150) Council held a public hearing to consider 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 King, applicant. On motion of Councilman Griffin, seconded by Councilman Dunin, to continue this item to date certain March 6,, 1984, as requested by staff. Motion carried, all ayes: 5. PEACH STREET TO ONE -WAY (File 41537) Council considered implementation of a one -year trial period of changing Peach Street between Johnson Avenue and Pepper Street to a one -way street... Dave Romero, Public Works Director, reviewed the Council agenda report stating that staff's recommendation was that Council, by.motion,.direct staff to implement a one -year trial period of one -way operation of Peach Street between Johnson Avenue and Pepper Street.. Peach.Street would travel east bound with parking to be restricted on the south side. Council expressed some concern regarding traffic,leaving Peach and proceeding onto Mill Street and asked staff to review this as part of the proposed change. After brief discussion it was moved by Councilwoman Dovey, seconded by Councilman Settle, to approve a one -year trail period of one -way operation of Peach Street as recommended. Motion carried, all ayes.. 6. MID- YEAR•FINANCLAL REPORT (File 41231) Roberta Goddard, Finance Director, presented the mid-year-financial report and was requesting Council adopt six resolutions approving mid -year budget adjustments: On motion of Councilman Dunin, seconded by Councilman Settle, the report was received and filed and the following resolutions were introduced: Resolution Nos. 5310 through 5316 (1984 Series), resolutions of the Council of the City of San Luis Obispo adjusting appropriations and revenue projec- tions were adopted as recommended. Motion carried, all ayes. 7. OFFSHORE OIL INITIATIVE (File 411105) Council considered a resolution expressing support for a proposed initiative ordinance requiring that Port San Luis Harbor District require electorate approval of offshore oil support activities at the harbor.. After brief discussion and on motion of Councilman Settle, seconded by. Councilman Griffin, the following resolution was introduced: Resolution No. 5317 (1984 Series), a resolution of the Council of the City of San Luis Obispo supporting initiative petition was adopted as amended by Councilwoman Dovey. Motion carried, all ayes.