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HomeMy WebLinkAboutMinutes 101091 Approved as Submitted 11/12/91 JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION MINUTES SUNNARY October 10, 1991 Mayor Shiers called the session to order at 7:02 p.m. ROLL CALL: City Council: Present: Councilmembers Borgeson, Lilley, Nimmo and Mayor Shiers Absent: Councilman Dexter Also Present: City Treasurer, Micki Korba; and City Clerk, Lee Raboin .Planning Commission: Present: Commissioners Luna, Lochridge, Highland, Johnson, Hanauer and Kudlac Absent: Commissioner Waage Staff: Present: Ray Windsor, City Manager; Art Montandon, City Attorney; Greg Luke, Public Works Director; and Steve DeCamp, City Planner PURPOSE OF MEETINGS To discuss the following topics: 1. Accessory Buildings a. Guest Houses b. Granny Houses PC/CG JOINT 10/10/91 Page 1 2. Sidewalk Sales Ordinance 3. Creekway Mapping Committee Report SUBJECT HIGHLIGHTS: Accessory Buildings: City Planner, Steve DeCamp, reported that the City had received requests by Mr. Hoyt Chambless and Mr. Dennis Garad to initiate zoning changes to better regulate guest houses. In addition, he presented an outline of current regulations and indicated that that there was a need to tighten up the ordinance. Mr. DeCamp recommended that staf f be directed to bring back an interim urgency ordinance providing for use permit review of guest houses to the next meeting of the City Council. General discussion ensued regarding "guest" housing, "granny" housing and "affordable" housing. Commissioner Luna pointed out that the current zoning ordinance does not allow "granny housing Commissioner Lochridge urged Council to address a policy on accessory buildings as a whole. He suggested that a set of guidelines or standards be established by which these units could be conditionally approved. Individual comments and suggestions for strengthening the zoning standards for accessory buildings followed. Criteria proposed included: establishing a minimum lot size, determining unit size by the square footage of the primary residence, requiring Conditional Use Permit (CUP)process review for each application, mandating that the property owner live on site, requiring that the unit be structurally attached to the primary residence, and allowing temporary, modular units which can be removed when the unit is no longer needed. Commissioner Kudlac inquired whether or not the City of Atascadero was providing enough low-income housing as mandated by the State. Councilwoman Borgeson, as a member of the San Luis Obispo Area Coordinating Council, noted that each City in the County is deficient and offered to get the substantiating figures to the Planning Commission. Public Comments: Eric Greening, 7365 Valle, asked that the current "no cooking" requirement be deleted. He indicated that he disagreed with allowing only temporary "granny"uses or requiring that the unit be attached to the primary residence. Mr. Greening proposed that standards address issues that have the greatest impact; additional PC/CC JOINT 10/10/91 Page 2 traffic and water use. Hoyt Chambless, 4200 Carrizo spoke in support of attaching the guest house to the primary house and urged strict regulations that can be enforced. Leo Korba, 10905 Santa Ana Road, cautioned against making criteria too complex and asked the members of the Council and Commission to consider the expense of monitoring the use of accessory units. Marie Noerdlinger, 7340 Sombrillo, asked that consideration be given for needs of the disabled. Eric Greening additionally commented that he was opposed to temporary buildings, but that he could support fairly tight restrictions on permanent accessory buildings. ---End of Public Testimony--- There was general consensus that "granny" housing was needed and could be allowable if certain criteria were met. Councilman Lilley suggested that two distinctions be made; 1) an attached "addition", or 2) a detached "auxiliary" permanent dwelling with a kitchen. Commissioner Kudlac_proposed_that_an__attached "addition" beallowed -on property of one-half acre or less; and on property of more than one-half acre, allow a detached unit with a kitchen. Councilwoman Borgeson asserted that the "granny" unit must be a permanent household with a kitchen. Commissioners Luna and Hanauer favored the CUP process. Councilman Nimmo opposed, and spoke in favor of simple regulations to allow for a range of permitted sizes of units. In addition, he stated that it was useless to regulate cooking. Steve DeCamp remarked that a major step had been made by recognizing the viability of "granny" housing and stated that staff now has clear direction. He stated that along with the input received by the Council and the Commission, staff would also take a look at criteria established by other cities and would come back with specific recommendations for consideration. Sidewalk Sales: Steve DeCamp provided background and the staff report. Discussion ensued regarding appropriate limitations and opportunities for outside merchandise display. Individuals concurred that sidewalk sales are self-policing and that the primary concern was for public safety. It was agreed that the only regulation necessary was one PC/CC JOINT 10/10/91 Page 3 to assure safe pedestrian passage. Public Comments: Bob Powers, 7505 Carmelita, stated that it is the merchant' s responsibility if someone gets hurt. Eric Greening commented that displays should be limited to merchandise only and stated that no signs should be allowed on the sidewalk. He also emphasized that adequate space was needed not only for pedestrian passage, but for those who are in wheelchairs use walkers or are on crutches. He added that ample room was necessary for someone to pass by while another examines merchandise. ---End of Public Testimony--- Steve DeCamp indicated that staff had enough input to draft an appropriate ordinance. Mayor Shiers called a break at 8:42 p.m. and reconvened at 9:03 p.m. Creekwav MaRRina Committee Final Report Greg Luke provided an overview of the mapping process and the data collected. He outlined the maps showing the riparian habitat within and outside the creek reservation. Mr. Luke noted that results of the mapping would provide a useful, analytical tool for making policy decisions. Comments and questions of staff followed. The Public Works Director indicated that there are no regulations for use of the creek currently on the books. He also estimated that it would take approximately six months to map out existing human intrusions in the creeks, Councilwoman Borgeson referenced two creekway plans from the cities of San Luis Obispo and Arcadia. She suggested that the City might want to look at these plans, speak to the planners in San Luis Obispo or hire a consultant to assist with preparation of a creek policy. Councilman Nimmo agreed that there was information available that could be used. He stated that he was reluctant to hire another consultant but if that's what it takes to get the job done, then the Council probably should investigate that possibility and the costs thereof. Commissioner Luna spoke in support of establishing creek setbacks as an interim protection measure. He favored a setback of fifty- feet from the creek reserve and the use of either a variance or PC/CC JOINT 10/10/91 Page 4 conditional use procedure. Councilman Lilley shared concern for interim protection and asserted that it was time to discuss an ordinance prohibiting vehicle use in the creekbed. He also agreed that a CUP may be appropriate for new development. Mayor Shiers concurred that the resources from other cities should be looked at and voiced support for interim protection of the creek. He also agreed with the concept of CUP approval. Public Comments: Karen Worcester, Department of Fish & Game, stated that setbacks are a most important tool to protect wildlife and vegetation. She recognized that there is a place for recreational use on the creek but emphasized that there is a need to ensure the protection of sensitive species as well. Ms. Worcester voiced support for establishing an interim protection measure while working on a creek policy and stressed the need to create a plan for the whole creek corridor, not just islands of the creek. She indicated that she was available for consultation and expressed eagerness to work with the City in preparation of a formal creek plan. In addition, she responded to individual questions regarding rare, sensitive and endangered species. Eric Greening mentioned that he had some concerns relating to creek clean-up and the inadvertent removal of riparian vegetation. He suggested to staff that a legend be used on the maps of the creek and that resources referenced during public meetings be on display for the public to review. Tim O'Keefe, 9985 Old Morro Road East, stated that some of the creeks' trees and vegetation are in need of attention. He spoke in support of immediate interim protection of the creek. Virginia Powers, 7505 Carmelita, asked how long the creeks had been without protection. Commissioner Highland responded that the original General Plan of 1979 had called for fifty-foot setbacks, but noted that specific language had been deleted in 1983. Dorothy Bench, 7503 Carmelita, remarked that she takes personal responsibility for protecting and maintaining the portion of the creek on her property. She mentioned that she was concerned, however, for the additional 7.2 miles of privately-owned creek property and urged additional mapping before writing an ordinance. She indicated that she was opposed to specific, excessive setbacks. ---End of Public Testimony--- PC/CC JOINT 10/10/91 Page 5 Additional comments followed supporting establishing an interim creek strategy. It was agreed that new development that would encroach upon the riparian zone of the creek should be looked at on a case-by-case basis and the CUP process was again proposed. Steve DeCamp suggested that an administrative use permit, a process that falls between the precise plan process and the CUP, might be a level of review that would be appropriate. Mr. DeCamp explained that notification would be broader than with a precise plan and that there was a clear route of appeal. There was consensus among the Council and the Commission to direct staff to explore this option. THE STUDY SESSION WAS ADJOURNED AT 10:20 P.M. MI ES SUMMARY PREPARED BY: Lft IRAA01K, Cit Clerk PC/CG JOINT 10/10/91 Page 6