HomeMy WebLinkAbout5218-5230RESOLUTION NO. 5230 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADJUSTING THE SALARY OF THE
ASSISTANT CITY ATTORNEY
WHEREAS, by Resolution No. 4868 (1982 Series) the City Council
previously established the salary for Assistant City Attorney, Anne
M. Russell; and
WHEREAS, based on recent performance of the Assistant City
Attorney, Council is desirous of adjusting the Assistant City
Attorney's salary.
NOW, THEREFORE, BE IT RESOLVED by the Council of the,City of
San Luis Obispo as follows:
SECTION 1. Effective July 1, 1983, Assistant City Attorney's
salary shall increase from $2400 /month to $2625 /month.
SECTION 2. All other benefits afforded the Assistant City
Attorney per Resolution No. 5080 (1983 Series) shall remain unchanged
and in full force and effect.
On motion of Councilman Griffin, seconded by Councilman Settle
and on the following roll call voter
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 11th day of October,
1983.
R 5230
Resolution No. 523b-
ATTEST•
CI CLERK PMIELA V&rS
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City A6AnXtrative Officer
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RESOLUTION NO. 5229 (1983 . Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN LAND USE ELEMENT TEXT AND MAP FOR
VARIOUS LOCATIONS WITHIN THE CITY (MAY AND SEPTEMBER 1983 AMENDMENTS)
WHEREAS, the Planning Commission and City Council have held public
hearings on the subject general plan changes, in accordance with the California
Government Code and the General Plan Amendment Regulations of the city; and
WHEREAS, some of the items have come to the council upon the recommendation
of the Planning Commission. and others have come on appeal, and the council
has considered the reports of staff and Planning Commission, public testimony, and
materials submitted by applicants; and
WHEREAS, the potential environmental impacts of the changes have been
evaluated in accordance with the California Environmental Quality Act and the
city's Environmental Impact Procedures and Guidelines, and negative declarations
have been granted for all the changes except those related to San Luis Obispo
Mall (GP 1071; PD 1072), for which an environmental impact report has been
prepared; and
WHEREAS, the council hereby certifies as adequate the Final Environmental
Impact Report for San Luis Obispo Mall and is considering an ordinance
to rezone the subject site from Conservation /Open Space to Retail Commercial -
Planned Development, which ordinance contains findings and conditions of approval
intended to reduce potentially significant impacts to acceptable levels; and
WHEREAS, the council hereby denies the appeal and application for GP /R 1097, a
request to change the map designation of the Foothill Shopping Center from neighbor-
hood commercial to retail commercial; and
WHEREAS, the council hereby denies the appeal and application for GP /R 1095,
a request to chan9e.the map desigation of 12300 Los Osos Valley Road from service
commercial /light industrial to tourist commercial; and
WHEREAS, the approved changes to the Land Use Element are fully described
in the attached exhibits A through G,- R 5229
Resolution No. 5229 (1983 Series)
May 1983 - general plan amendments
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. The Land Use Element is amended as indicated in the attached exhibits.
2. The Community Development Director shall cause the changes to be reflected in
the publications and maps which are on display in City Hall and which are made
available to the public.
3. This action shall take effect thirty days from the date of adoption of this
resolution.
PASSED AND ADOPTED by the Council of the City of San Luis Obispo at a
meeting thereof held on the 11th day of October , 1983, on motion of
Councilman Settle seconded by Councilman Dunin and on the following
roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
'.ABSENT: None
ATTEST:
(,/,A
City Fleff Pamela Vo s
Resolution No. 5229 (1983 Series)
May 1983 general plan amendments
Page 2
APPROVED:
e., !L Q -L� -
City Administrative Officer/
Communit Ditector
r.
Resolution_ No. 5229 (1983 Series) EXHIBIT A
GP 1090
\ APPENDIX A Text to be deleted
KEY IMPLEMENTATION PROPOSALS
1. Following City Cou it adoption of the Urban, Land Use and Growth Manage nt
Element of the Gene 1 Plan, the City shall initiate amendments to the
present zoning ordina ce charts and certain portions of the text to chieve
basic consistency with the General Plan. These amendments would in .ude:
-- creation of an agricu tural /conservation zone,
-- creation of a public cility zone,
-- creation of noise, floo , specific plan and mobile home park ombining
districts,
-- reduction of residential nsities,
-- changes.to permitted and c ditional uses and some renami g of other
existing zoning classificat ns.:.
Additionally, the amendments ma include revised provisi ns regarding home
occupations, nonconforming lots and parking and driv ay standards, pre-
viously recommended by the Planni g Commission.
2. Upon completion or concurrent with he above amend nts to the present
zoning ordinance, the City shall ini iate a syste atic program of rezoning
(map changes), progressing planning a ea by pla ing area.-to achieve
zoning classifications consistent with the Gen ral Plan for all areas within
the City. Generally, consistency betwe pr osed General Plan land use
classifications and present (and propose ning designations would be in
accordance with the following guidelines:
General Plan Classification nsistent Zonin Desi nations
-- Low - Density Residential K-1 or A/C
-- Medium - Density Residential R -1 or R -2
-- Medium - High- Density Residential R -2 or R -3
-- High- Density Residential R -2, R -39 R -4 or R -H
-- Professional Office -0 (P -O) or (PF)
-- Convenience Commercial C N or (PF)
-- Comparison Retail Commercia C- , C -2 (C -R) or (PF)
-- Tourist Commercial R -C (C -T) or (PF)
-- Service Commercial /Light ndustrial (PF), C -H, M -R, or M
- -Rural Industrial /Agricu tural (A /C)
-- Agricultural, Consery ion, Open Space, (A /C) (PF)
Parks and Public Fac' ities
Schedule for system is rezoning would commence in April 1 7 and conclude
by January 1978.
3. Concurrent with earings on the above zoning ordinance and map amendments,
Community Dev opment Department staff will also attempt to com lete other
related regu tory system revisions and refinements including:
-- Subdivisi n ordinance revisions and subdivision design standard ,
!mendme s and refinements,
- -Sign o dinance revisions, including procedures, standards and enf cement,
- -Arch' ectural Review Commission procedure and guideline revisions.
Addi ionally, continued advance planning and specific plan preparation hall
be ursued by staff including:
- eview and refinement of the. ci.tywide.Circulation Element revision to
the General Plan and completion of Central Area (C.B.D.) parking and cir u-
lation proposals and programs.
C d' th C t C i+=1 Im rovement Pro ram 1 nnin f o
h ,
- -oor mate oun y ap a p g p a g
wi r uman
service center, Library, courts and administration as well as parking,
irculation and utilities,
-- ntract with consultants for other priority specific planning assign
me is such as EIRs and economic evaluations for Laguna Area commerc'a
and esidential proposals, Edna /Islay Hill planned developments, a
Rockv'ew, Terrace Hill /Railroad Square, Higuera and Central Busin s
Distri specific plans.
4. The City Co cil would continue to schedule hearings during 1977, with
restudy and r vised recommendations from the Planning Commissi , if neces-
sary, to compl to remaining mandatory and optional elements a d associated
technical repor of the General Plan. Rural Land Use Elem t and Housing
Element revisions ould receive priority. Completion of r isions to the
Open Space, Conser tion, Noise & Seismic Safety Elements nd consideration
of Public Safety an Historic and Architectural Preserva ion Elements, would
be refined and adopte next. Finally, Scenic Highways nd Parks and Public
Facilities Elements wo d be completed, considered an adopted, if possible
before January 1978.
5. More comprehensive revision to the zoning ordi nce or property development
standards (such as parking r uirements, usable en space, setbacks and
height), formualtion of new de elopment regulat'ons or design standards
(such as slope criteria and hil ide developm t controls) and procedural
refinements (such as an annual r idential rasis ocation system) would be
deferred until the above initial t sks for consistency are accomplished.
Comprehensive zoning ordinance revi 'ons uld be considered for initiation
after January 1978.
6. The Capital Improvement Program proces ould be recognized as one of the
principal and positive tools availab to the City for accomplishing urban
land use and growth management goal and o "ectives outlined in the General
Plan. The program would be refine to inclu a fiscal projections. A
prioritized program of capital i rovements n ded during the next five to
ten years, consistent with Gene 1 Plan policie , would be annually reviewed,
revised and recommended by the lanning Commissi Evaluation of municipal
service pricing policies shou d also be integrate into the C.I.P.
7. Subsequent to adoption by Oe City of the Rural Land se & Housing Elements,
as well as the Urban Land se and Growth Management E1 ment, the County
would be requested to co Sider and adopt these City Gen al Plan Elements
as a part of the Count General Land Use Plan revision p gram. Any policy
conflicts or unaccept le proposals would be mutually revi ed and resolved
prior to initiating ural planning area implementation meas es.
8. Additional speplans, additional optional General Plan el ents (such
as Urban Desirgy or Social Services Elements) and major visions to
previously ado lements would be deferred until the above imp mentation
measures are
9. The tentati a schedule for implementation and further plan refinement out-
lined abov should be recognized as preliminary and subject to adjust nt
or revis' ns determined necessary as a part of departmental budget progr
proposa s or responsive to development review workload fluctuations. As a
short- erm projection of intended additional actions toward General Plan
imps entation, it is not formally part of but rather a supplement to the
Gen al Plan itself.
ii
10. Although ba on recent and comprehensive studies, it should s.and ecognized
that the Urban d Use and Growth Management Element poli proposals
are dependent upon neralized environmental, economic cia technical
data. Particularly wi regard to land use design n boundaries, except
where defined by major ph 'cal, barriers such reeks, freeways, or rail-
roads, the plan should, not pr ude more pr se interpretations and more
accurate adjustment of boundaries rsu to specific plan and more detailed
zoning studies. Further, although has been taken in preparing the text
and map of the Plan to avoid a rs or sible misinterpretations, any such
generalized documents may r ire explanatio or clarification during imple-
mentation. Therefore, . or refinements and bo _ ary interpretations as well
as explanations and arifications of policy shall the responsibility of
the Planning Co ssion when written determinations o nsistency are re-
quired or r ested. All such determinations shall be su ct to appeal to
the Cit ouncil, pursuant to General Appeal Procedures of th unicipal
iii.
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HEMMER
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Resolution No. 5229 (1983 Series) EXHIBIT C
LOW- DENSITY RESIDENTIAL to MEDIUM - DENSITY RESIDENTIAL
GP /R 1093; GP /R 1103
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Resolution No. 5229 (1983 Series) EXHIBIT F
GP /R 1115
OFFICE to HIGH - DENSITY RESIDENTIAL
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RESOLUTION NO. 5228 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
Street Resurfacing and Reconstruction
PROJECT: Project - F.Y. 1983/84 CITY PLAN NO. H -31A
ESTIMATE: $184,560.00
BUDGET ACCOUNT: 21- 4871 -000 H31A
23- 4871 -000 H31A
BIDDER: Madonna Construction Co. BID AMOUNT:
$156,343.84
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Dunin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 11th day of October V
APPROVED:
Q
City Administrative 0 ficei
City At ey
Finance Director
G1 � R 5228
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RESOLUTION NO. 5227 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO AMENDING THE M.O.A. BETWEEN THE CITY
AND THE SAN LUIS OBISPO CITY EMPLOYEES ASSOCIATION
ADOPTED BY RESOLUTION 4745 (1982 SERIES) TO INCLUDE
THE NEGOTIATED ADDENDUM
WHEREAS, the City Council did adopt and ratify the Memorandum of
Understanding between the City of San Luis Obispo and the San Luis Obispo
City Employees Assocation for the period January 1, 1982- December 31, 1983;
(by Resolution No. 4745) and
WHEREAS, the adopted M.O.A. contained a provision, Article 20, which
specified holidays, and
WHEREAS, the City and the Association have agreed to an addendum which
specifies that Veteran's bay will be observed on November 11, 1983;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis .
Obispo as follows:
SECTION 1. The attached addendum, attached hereto marked Exhibit "A ",
is hereby approved by Council.
On motion of Councilman Dunin
and on the following roll call vote:
, seconded by Councilman Settle ,
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passe adopted this 11th day of October , 1983.
C. BILLIG
ATTEST
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R 5227
'�1.
Y.
Resolution No. 5227
APPROVED:
(- S�
City Administrative Off cer
City Attorney
Personnel Director
(1983 Series)
ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION
1982 and 1983
Veteran's Day, as a paid holiday, shall be observed November 11, 1983,
rather than the 4th Monday in October, 1983, as previously agreed.
This special agreement shall not be construed as a precedent for its
observation in future years.
APPROVED:
Ann Crossey /Diate '
Personnel Director
Authorized Agent
(Article 42)
reg S,' / ate /
Presi ent, S.L.O.C.E.A.
Author, Agent
(Article 42)
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RESOLUTION NO. 5226 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING A SETTLEMENT AGREEMENT
BETWEEN THE CITY AND LEW WAPDEN, ET AL
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain settlement agreement, attached hereto as Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo & Lew Warden,
et al be approved and the Mayor will be authorized to execute the same upon the
occurrence of both the following conditions:
1. Safeco Title Insurance issuing a policy of title insurance in favor of the
City of San Luis Obispo insuring fee simple title to the property being acquired for
street purposes free"and clear of all claims and encumbrances.
2. Deposit by the City's insurance carrier of the sum of $5,000 into Safeco
Title Insurance escrow # 126848-de for the benefit of the.City of San Luis Obispo.
SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy
of the executed settlement agreement approved by it to: Lew Warden; Safeco Title
Insurance Company
On motion of Councilman Settle
and on the following roll call vote:
AYES:.
NOES:
ABSENT:
seconded by Councilwoman Dovey ,
Councilmembers Settle, Dovey, Dunin and Mayor Billig
None
Councilman Griffin
the foregoing resolution was passed and
1�1
ATTEST:
V
CITY C4ERK PAMELA VO S * * * * * * * **
day of September , 1983.
C. BILLIG
R 5226
Resolution No. 5226:(1983 Series)
Page 2
Approved:
��' :/
City AdAWOPfative Officer
i Attorney
-2-
0
SETTLEMENT ACREEr:1ENT
This Agreement is entered into between the CIT`! OF SAN LUIS OBISPO
(hereinafter referred to as Plaintiff) and Defendants LEW WARDEN, MURRAY
WARDEN, BARBARA WARDEN, and the Estate of DOROTHY BILODEAU (herein-
after referred to as Defendants)..
Heretofore the CITY OF SAN LUIS OBISPO filed Eminent Domain action
No. 46180; in the Superior Court for the County of San Luis Obispo, enti-
tled "City of San Luis Obispo vs Dorothy Bilodeau, et al. ", seeki.ne to ac-
quire portions of certain real property in the City of San Luis Obispo
commonly known as 1720 Johnson Avenue, and thereafter filed Eminent Do-
main and '.quite Title action No. '46577 in said Superior Court, entitled
"City of San Luis Obispo vs Barbara Warden, et al. ", in which action Pla-
intiff sought to acquire and /or quiet title to certain other portions of
said real property- Said acquisitions were for street widening purposes
and are more particularly described in the judgment rendered in said ac-
tions on or about -November 6, 1981.
Following said judgment, all parties thereto appealed to the Court of
Appeal of the State of California, Fifth Appellate District. Thereafter
said appeals were transferred to the Second Appellate District and bear
appeal No. 2 CIV 67601.
After judgment was rendered, defendants moved the court for certain
attorneys fees and litigation expenses, which motion was denied, and de-
fendants have appealed from the order denying such fees and expenses.
Contemporaneously with the filing of said action No. 46577, Plaintiff
formed a certain Assessment District, known as the JOHNSON AVENUE ASSESS-
-1-
(Agreement, p. 2. )
MENT DISTRICT, for the purpose of assessing to Defendants and their pro-
oerties certain of the costs and expenses incident to the widening of
Johnson. Avenue. Thereafter, Defendants instituted action No.46481 which
seeks, among other things, to set aside said assessments, to vacate the
Assessment District, and to recover darriaaes from Plaintiff and certain in-
dividual agents and /or employees of Plaintiff. Trial has been commenced
in said action No.. 46481 and proceedings therein are now pending.
On or about .July 30, 1982, Plaintiff deposited with SAFECO TITLE IN-
SURANCE COMPANY (hereinafter referred to as SAFECO) in Escrow No. 12684t-
DE, the "sum of $63,266.34, which sum represented all principal, interest,
and costs due Defendants on said judgment of November 6, 1.981. Prior to
deposit it. was agreed between the parties hereto that said moneys should
be placed in one or more interest bearing and federally insured accounts
with a savings and loan or banking institution with interest thereon being
paid at the highest legal rates. On or about Aucust 2, 1982, Plaintiff
instructed SAFECO that said moneys should be placed in an interest bear-
ing account for the benefit of Defendants on instructions from counsel for
Defendants. On or about September 15, 1982, counsel for Defendants inst-
ructed SAFECO that said moneys should forthwith be deposited in interest
bearing accounts. SAFECO did not do so and its failure. has been the sub-
ject of further controversy between Plaintiff and Defendants_ This agree-
Agreement is without prejudice to any right Defendants may have to recover
interest or damages from said SAFECO TITLE COMPANY.
IWIC
(Agreement, p. 3. )
Plaintiff and Defendants are desirous of concludinn the litications
and disputes pending between them, as referred to above.
NOW, THEREFORE, Plaintiff and Defendants do mutually agree as follows:
1. The Plaintiff CITY OF SAN LUIS OBISPO agrees to vacate and aban-
don the JOHNSON AVENUE ASSESSMENT DISTRICT, and covenants to not make or
attempt to make any further assessments against Defendants or said real
property commonly known as 1720 Johnson Avenue by reason of the street wi-
dening project which is a subject of said actions Nos. 46180, 46577, and
46481, or any matter connected with or incident to said litigations.
2. Defendants agree to pay the CITY OF SAN LUIS OBISPO the sum of
THREE THOUSAND FIVE HUNDRED and no /100 DOLLARS ($3,500.00) as and for the
installation of curb, gutter, and sidewalk costs incident to said street
widening project, which sum shall be paid by deduction from the sums due
Defendants pursuant to said judgment in actions Nos. 46180 and 46577.
3. Plaintiff CITY OF SAN LUIS OBISPO agrees to pay defendants, for-
with upon the execution of this agreement, the sum of FIFTY NINE THOUSAND
SEVEN HUNDRED SIXTY SIX and 34/100 DOLLARS ($59,766.34), which sum is ea-
_._._......__._..... _.-
ual to the $63,266.34 deposited with SAFECO on or about July 30, 1982,
less the $3,500.00 due Plaintiff pursuant to Par. 2 above. Said sum of
$59,766.34 shall be by draft or check payable to "The Estate of Dorothy
Bilodeau and Lew Warden, Attorney for Defendants."
4. Plaintiff and Defendants agree to dismiss with prejudice actions
Nos. 46180, 46577, 46481, and all appeals and cross appeals pending there-
-3-
(Acreement, p. 4.)
.R�
from, said dismissals to be p"repa"red by counsel for the CITY OF 'SAN LUIS
S : • e
5: Defendants agree to execute a mutual release: of all claims aris-
ing out of or connected with the subject matter of action No.. 46481, and
Plaintiff agrees to obtain a similar mutual release by all defendants in
said action No. 46481; said releases to be prepared by the law firm of
HOGE, FENTON, JONES & APPEL, INC., representing the CITY OF SAN
LUIS OBISPO
and
the other
defendants in said action.
Sinned; July
28,
1983
Signed:
For Defendants., Estate of
DOROTHY BILODEAU,. BARBARA
WARDEN, MURRAY WARDEN,.
LEW WARDEN: .
arden, -Individually and
-Executor for ESTATE OF
THY BILODEAU
�r
Lew Warden Indio' -`ai L?aUy and
as Co Executor for the Estate of
Dorothy Bilodeau.
Barbara Warden.
For Plaintiff, CITY OF SAN
LUIS OBISPO:
Y'
Bilodeau, Barbara Warden, Murray
Warden, and Lew Warden
-4-
Willi Y \:
OF /SAN/ LUIS OBISPO
Coffee, Attorney -f r TY OF
LUIS OBISPO, and ividual
ndants in action No. 46481.
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RESOLUTION NO. 5225 (1983 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
AMENDING THE HIGUERA COMMERCE PARR SPECIFIC PLAN
(SP 0938, SP 0983)
WHEREAS, the Planning Commission and City Council have held hearings to
consider amending the Higuera Commerce Park Specific Plan in accordance with
Section 64450 and following of the Government Code; and
WHEREAS, the amendments have been evaluated in accordance with the
California Environmental Quality Act and the City's Environmental Impact
Procedures and Guidelines, and the portion of the project dealing with
"Development Phasing" has been granted a negative declaration by the
Community Development Director, and amendments to "Development Standards"
have been found to be categorically exempt, and the rest of the project has
been granted a negative declaration.(final EIR, Higuera Commerce Park, May
1979) ; and
WHEREAS, the proposed final amendments are consistent with the city's
general plan;
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The determinations of the Community Development Director
concerning environmental documents are hereby affirmed.
SECTION 2. The Higuera Commerce Park Specific Plan is hereby amended
as shown in the attached Exhibits "A" and "B ".
On motion of Councilman Dunin , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey,,Griffin and Mayor. Billig
NOES: None
ABSENT: None
R 5225
Resolution No. 5225 (1983 Series
Page 2
the foregoing resolution was approve,
ATTEST:
ID
APPROVED:
.J, 0
City Administrative 04f
WE
Community Development Director
OELM
EXHIBIT A
IMCC^T- low
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MJ�
EkGE1 PT - - - -- - - - -- .. _.
Phasing
To assure that creation of new jobs will not cause inmigration to
overstrain the local housing market and city services, these phasing provisions
shall apply-
--No more than 20% (10 lots) of the total lots within the northern.50
acres -- excluding the home improvement center -- shall be built on within any
one calendar year. The city shall withhold building permits if proposed
construction would exceed this, limitation.
—The six larger lots at the eastern part of the northern 50 acres
shall not be resubdivided unless the city determines a substantial fraction of
the smaller lots have been developed and the subdivider demonstrates a need for
more small lots which cannot be met elsewhere.
_Withi_n the southern 30 acres, no building permits shall be issued
until January 1, 1984. _After that date, the city shall not .issue building
permits for development of more than 15% of the area (4.5 acres) within any one
calendar year. Developed area. shall include building coverage plus parking
lots, outdoor assembly or storage areas, and 'any required- yards.
7
l
CITY OF SAN LUIS OBISPO
INITIAL STUDY OF ENVIRONMENTAL IMPACT
APPLICATION N0,43 -83 SITE LOCATION East of South Higuera Street, South of Prado Rd.
PROJECT DESCRIPTION Amend the Higuera Commerce Park Specific Plan by deleting or
modifvina the bhasing provisions concerning the northern 50 acres
APPLICAM Higuera Commerce Park,_ Inc. (Charles N. Baker, President)
STAFF RECOMMENDATION- Negative declaration
PREPARED BY Glen Matteson, Associate Planner DATE June 1, 1983
PMMUNITY DEVELOPMENT Negative Declaration June 8, 1983
DIRECTOR'S ACTION: DATE
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INITIAL STUDY - HIGUERA COMMERCE PARK SPECIFIC PLAN AMENDMENT
PROJECT DESCRIPTION
The applicant proposes to delete a section of the specific plan which says that
no more than 20% (10) of the lots within the northern 50 acres -- excluding the home
improvement center -- may be built on during any calendar year. As an alternative,
the applicant suggests allowing no more than 35% of the lots to be built on in any
calendar year.
An environmenta+ impact report was prepared for the specific plan. It said growth -
inducement and impacts on housing demand could be significant, so the phasing provision
was included as a mitigation measure. The City determined that spreading development
out over at least five years would reduce labor -force and housing impacts to acceptable
levels, considering anticipated growth from this project and other sources.
Higuera Commerce Park includes three areas: the southern 30 acres, reserved for light
manufacturing and related uses on large parcels; about six acres near the South Higuera-
Prado Road intersection intended for building materials and home improvement and furnish-
ings sales and services; about 44 acres intended for wholesales, limited retail sales,
and service uses. This amendment would affect only the 44 acres.
POTENTIAL IMPACT_REVIEW
A. Community Plans and Goals
B. Population Distribution and-Growth
Deleting or modifying the phasing provision is not expected to have a significant city-
wide impact.
The specific plan was adopted in July 1979. Subdivision of the area in question was
approved in October 1980. By the end of May 1983. one lot has been built on and permits
have been issued for development of two other lots. , A total of 9 projects have
been submitted for architectural review, three during 1983. One project was to
accommodate a new industrial use. The others were about evenly divided between buildings
for service businesses -- several desiring to relocate within the San Luis Obispo area- -
and lease space with no identified tenants.
Development of the commerce park now lags about four years behind the maximum build -out
rate envisioned when the specific plan was adopted. The potential influx of industrial
uses has not occurred, though many service business have expanded or relocated, some
to locations outside the City.
In January 1979, the city had an estimated 13,854 dwellings and an overall housing vacancy
rate of 3.15 %. In January 1983, the city contained as estimated 15,041 dwellings of
which 5.19% were vacant. The increase of 297 on an annual average is essentially the
same as the 300 units per year predicted and called for by the Housing Element.
Because the housing supply has expanded at rates assumed when the specific plan was
adopted, and the commerce park has developed at substantially slower rates, there would
appear to be minimal impact from an increase.in the rate of development of the commerce
park over the next several years. If the first half of'1983 is a valid indication of
development activity spurred by lower interest rates,A t appears the city can expect
six to eight proposals for development within the commerce park per year under similar
economic conditions. If all the projects are carried out -- normally not all projects
approved by the architectural review commission are built -- it is unlikely that more
than ten lots per year would be developed even without the phasing provision.
ER 43 -83
page 2
A worst -case assessment of growth resulting from development of the.commerce park
would be:
• 20% of the 44 acres (35 net acres) is developed each year;.
7 acres X 15 employees /acre 105 employees;
If half the employees move to the area, 53 employees are added to. labor force;
If each employee brings an average household, 53 dwellings are required to
accommodate the 132 additional people.
•15% of the southern 30 acres (the maximum allowed by the remaining phasing provision
is developed each year;
4.5 acres X 15 employees per acre = 68 employees;
If all the employees move to the area, 68 employees are added to the labor force;
If each employee brings an average household, 68 dwellings are required to accommodate.
the 163 additional people.
The total direct growth would be:
Employment - 173 jobs per year (865 total), not necessarily a net increase;
Households /housing units - 121 per year (605 total);
People - 295 per year (1,475 total).
This population increase would comprise 41% of the 2% per year maximum deemed
appropriate by the Land Use Element. This growth would occur during 1984 through
1988, if it began now and proceeded at the maximum rate.
E. Public Services
F. Utilities
The growth - phasing provisions were justified in part by concern over the capability
of the City to provide water, sewage treatment, police and fire protection, and
general government services. Water supply and fire protection remain significant
issues, though no substantial impacts are expected from an increased rate of
development.
The area remains beyond the four - minute maximum response time from City fire stations,
and will remain so until Los Osos Valley Road is extended across San Luis Obispo Creek.
This concern may be mitigated by fire - resistive construction and fire detection and
suppression systems within new projects.
The City's water supply may not be adequate to provide for all potential development
within the city limits. At present rates of demand growth, development projects may
be affected during the early 1990's The more that water is used by commercial and
industrial projects during the 1980's, the less will be available for residential
projects as the water supply limit is reached. This concern may be mitigated by
requirements for use of groundwater or recycled water for projects with significant
demand for landscape irrigation or process water.
f.10
�1
ER 43 -83
page 3
STAFF RECOMMENDATION
Staff is concerned about removing from the specific plan a provision which was
included as mitigation for an impact identified in the previous EIR. However, devel-
opment has not occurred and is not likely to occur at the maximum rates foreseen
in 1979. A negative declaration may be granted.
I
LpCAT VON MAP
%A% x "\ /_ IA .. I , I i
RD
q = area affected by text change
hadeil)PLAN AREA
i "---TANK FARM RD
:I �' C�l►IRPOHIid_ =_
Ex�E�pT:
Phasing
To assure that creation of new jobs will not cause inmigration to
overstrain the local housing market and city services, these phasing provisions
shall apply:
- -No more than 20% (10 lots) of the total lots within the northern 50
pEi acres -- excluding the home improvement center -- shall be built on within any
one calendar year. The city shall withhold building permits if proposed
construction would exceed this limitation.
—The six larger lots at the eastern part of the northern 50 acres
shall not be resubdivided unless the city determines a substantial fraction of
the smaller lots have been developed and the subdivider demonstrates a need for
more small lots which cannot be met elsewhere.
-- Within the southern 30 acres,
until January 1., 1984. After that date,
permits for development of more than 15%
calendar year. Developed area shall inc
lots, outdoor assembly or storage: ,areas,
� 11
no building permits shall be issued
the city shall not issue building
of the area (4..5 acres) within any one
lude building coverage. plus parking
and any required yards.
Charles M. Baker
641 Cerro Vista Circle
Arroyo Grande, Calif. 93420
(805) 489 -4414 or 481 -1534
City of San Luis Obispo
Department of Community Development
990 Palm Street
San Luis Obispo, CA. 93406
Gentlemen,
May 9, 1983
We respectfully request the following amendment to the Specific Plan
of Higuera Commerce Park, which, includes the area known as Tract 751, in
the City of San Luis Obispo, California. We have been trying to sell lots
in Tract 751 for over two years, and because of the critical recession have
found very few buyers. They simply were not willing to pay the extremely
high interest rates for their- construction loans. Because of this we have
been limited to cash and only one lot out of the 50 lots has been
built on.
Now, interest rates are down and several buyers are attempting to obtain
building permits for their proposed buildings. Because of this, there is
a real possibility that the. City may receive more than 2011. of the Tract's
lots requesting building permits in one year. If this happens, the current
Specific Plan at page 38, paragraph 5. 1, "Proposed Phasing" says that.....
"The_ amount of construction._ that happens each year will not exceed 20% of
total_ potential development._ within the_ service commercial area. Thus, the
portion of total buildable area during anv vear will not exceed the 207
11 be five, years." and "The city_ will
on."
When we obtained the original Specific Plan approval on July 17, 1.979,
it was a concern that this 50 acrei development might have an adverse impact.
on San Luis Obispo housing if it were to develope too rapidly, so the City
planners arbitrarily decided that a reasonable build -out time frame was
5 years, and to implement this idea they placed a maximum growth rate of
20% per year on the Service Commercial portion of the Tract (44 acres).
Years later none of those growth concerns became a reality and we are
faced with prospective buyers being afraid to buy a lot that they might
not be allowed to build on "When they want to ".
This now becomes a critical hardship upon us as developers and marketers
of the lots. We have been the ones who rode through the high interest rate _-
period (as high as 23%) and now stand to lose more because of this seemingly
impractical and unfair 20% growth restriction.
We therefore ask that you delete paragraph 5. 1, "Proposed Phasing ",
in its entirety for the following reasonsd
12
continued Page 2
1. The proposed amendment will not adversly affect the community
goal of allowing the lots to be built out in 5 years. The
majority of prospective buyers are existing businesses who
want to relocate from existing City locations zoned Commercial,
Residential, or other property where they are non- comforming
uses, or who desire the better facilities offered at Higuera
Commerce Park.
2. The proposed amendment as shown in the past 3 years will
not adversly effect the feared crowding of housing, because
what really controls all building in the city is the economy
and the in rates charged by lenders and city services
that are available.
3. There will be no significant adverse environmental impact
by this change, but it will allow an orderly shift of many
businesses located in non- conforming uses to relocate., thereby
creating a favorable impact to the City business community.
4. This ammendment will reinforce the general plan policy of
encouraging Service Commercial related businesses to relocate
out of non - conforming locations.
If this ammendment is not approved because of some :still existing !'fear"
of overcrowding housing, we still prey that you .make it possible for us
to catch up in sales by allowing At least a 35 %, growth -for the next-2- years.
Even this 70% growth will fall far short of the proposed 100% build out
in the minimum projected 5 year time frame.
Respectfully,
Charles M.. Baker
President
hileMw e-lvr
DRAFT AMIUVITNTS
HIGUERA'COMERCL PARK SPECIFIC ECIFIC PLAN
City of San Luis Obispo
Adopted'
July 17, 109 (Retolution No. 3912)
Amended: February 22 1982 (Resolution No. 4732)
indicates proposed text change
14
INTRODUCTION AND SUMMARY
Purpose of this Specific Plan
This specific plan provides for the development of an 80 -acre site located
on the east side of South Higuera Street between Prado Road and Tank Farm Road
(see vicinity map). The plan is based on, and is a refinement of, the General
Plan Land Use Element of the City of San Luis Obispo. It outlines land use and
property development standards and proposals for circulation_, utilities, and
other facilities which compose a schematic subdivision plan for the site:
Summary of the Plan
The Higuera Commerce Park Specific Plan prescribes -- more precisely than
the general plan — appropriate land use, provisions for streets, drainage and
utilities improvements, design and property development standards, and other
measures which will insure the orderly and timely implementation of the General
Plan.
Higuera Commerce Park is divided into three sub= areas. The portion near
the Prado Road /Higuera Street intersection is designated as a "home improvement
complex" including building materials sales and service.
The rest of the northern 30 acres is designated service - commercial, to
include shops, warehouses, and other processing, storage and distribution
establishments.'
The southern 30 acres is designated as a "special industrial" area to
• include light industry -and research.
The circulation improvements include widening of Prado Road, South Higuera
Street, and Tank Farm Road, As well as construction of interior streets within
the 50 -acre subdivision. The street pattern includes a frontage road parallel
to South Higuera Street and one main access street from South Higuera Street
and Prado Road. Local streets, forming a grid or loop pattern, serve the
interior of the northern 50 acres..
The development includes off -site as well as on -site utility and drainage
system improvements. City water and sewer are available. All power, gas,
phone and cable television lines will be placed underground within the
subdivision. ,
The specific plan includes a schematic subdivision design which provides a
"commerce park" with one- half -acre lots and seven larger parcels in the
northern 50 acres and in the southern 30 acres, five large "special. industrial"
sites.
15
Zoning Regulations
LAND USE
This specific plan supersedes the provisions
If the specific plan does not contain a particular
conventional zoning standards shall apply.
Specific Plan Land Use Proposals
of the Zoning Regulations.
type of standard, the
The specific plan is consistent with the general plan and the intent of
the C -S and M zones. But, through the SP overlay zone, the specific plan
provides more detailed definition of land . uses, property development, design
and performance standards particularly suited to this site.
Land_ Use Categories
The land use map shows the
sub - areas: the home improvement
the special industrial area (see
should be developed within each
pages.
Allowed Uses
total planning area divided into three
complex; the service- commercial district; and
Specific Land Use Plan). Land uses which
of these areas are listed-on the following
Under this category, a A wide range of uses are allowed and no city review
of new uses is required within each of the sub areas.
Conditional Uses are those which generally meet the intent of each of the
plan's sub -areas but which may be.incompatible with allowed uses. Different
locations or special conditions may be desired. Administrative use permit
procedures of the Zoning Regulations shall apply to all conditional uses listed
in this specific plan.
Prohibited uses are those considered inappropriate within this
development, primarily due to the area's classification as an "approach and
climb -ouV extension area" within the San Luis Obispo Airport Land Use Plan.
Certain uses are considered incompatible with airport operations and are thus
explicitly prohibited by this plani churches, clubs and lodges; gasoline
service stations; outdoor theatres, athletic fields or grounds involving
assembly; radio or television antennae and transmitters; residential uses
(,except caretaker's quarters); schools,-hospitals or other institutions.
Utility company offices and regional administrative offices are also
prohibited.
The Home Improvement Complex
This sub -area of the. specific plan provides for the. clustering of building
material supply outlets which will serve both the general public and the
professional builder. It is located at the Prado Road /Higuera.Street
intersection to take advantage of good customer.access and to complement other
commercial uses along this section of Higuera Street..
i' 16
,above allowed uses; greenhouses, storage; packing or processing of agricultural
products produced on -site, located inside buildings.
Specific Property_ Development, Performance and Design Standards
The specific plan includes special property development standards
applicable to the entire planning area and outlined below. Some of these
standards are more restrictive than conventional zoning and they prescribe
additional design and development controls considered appropriate to this
planned commerce park setting.
1. Maximum Height
The maximum height of buildings (including mechanical appurtenances,
special equipment service structures, and architectural features) is 35 feet.
Only if specifically approved by the Architectural Review Commission
can appurtenances, equipment, service structures, and architectural features be
extended to a maximum height of 50 feet.
2. Lot Area
All lots in the northern 50 acres shall have a minimum area of 12,000
square feet but shall not exceed a maximum area of five acres.. Each lot in
the southern 30 -acre special industrial sub -area shall be at least four acres.
The arrangement of lots shall be as shown on the Specific Land Use Map. The
s#ee" Condominiums o
regulations-;'and - --
to c
a. Where the total area to be.developed and subdivided for
. condominiums conforms to this minimum lot--area.-standard; and
b. Where it will meet all other property development standards
(based on anticipated tenant composition).
3. Minimum Lot Frontage -and Width
The minimum lot frontage and width in the northern 50 -acre subdivision
shall be 80 feet. The minimum lot frontage and width in the southern 30 -acre
special industrial sub -area shall be 300 feet.
4. Minimum and Maximum Lot Depth Ratio
The average lot depth shall not be less than 150 fifty feet not
greater than a 4:1 ratio with average lot width.
5. Maximum Building Coverage
The maximum lot coverage of all buildings shall not exceed 50 percent
of the total lot area, except where specifically approved by the Architectural
® Review Commission_ es- peeee- �ie�ew--= Sertteeures-# r�eerce�e�- €er- eaeeree�- parleiag
ss��e�- eeveree= seerege- 4aee- eenvere# bye- ee= aea= #ae €eeaEe�- rise };= msg= }�iei�esse
�s�m•+�= des# i� #xg- eeversge- ee- �5- gereeae -e €= eke- eeES�- fee =e�es-
'17
a6. Landscaping
A minimum of 15
including setback areas,
® 7. Minimum Yards
t of total lot area shall be-lands
Q dots; and spaces adiacent to bui
The following standards shall apply to all lots within the specific
planning area:
a. Street yards: the minimum required street yard shall depend on
the height of the proposed building adjoining the street (within l5 feet of
front line). The required street yard shall be landscaped except for necessary
driveways.
c. In the southern 30 -acre special industrial sub -area, all buildings
along South Higuera Street shall be set back at least 15 feet from the nearest
pedestrian easement or street right -of -way line, or if farther, a distance
equal to the height of the adjacent building..
8. Off- Street Parking
a--- 6e8ere�= Petk #ag= 6teederas�
i�e�e$ee� -A€ €wee- Pee - -- eae- perk�eg- speee= €er -eeek- 398- sgnere
€eat- a € = grass =€ €ear -area;
detail- Sales - == eae - parking- speee- Eer =eaek- 409- squaFe- €eet -e€
g €ass- €deer -area;
bet`ree= Ee�ere# eft #ghe- �a�nstre�- eat- 8stdaer- 6e €es --- ese
geek�cg- speee- €et- ese�i- �;�A9- sgesere- €eat -e €= ese - area:.
b:-- &peep € #e - Perk #ag= Stendards-
�Fe�g�Cberl�eee- 6e €efRestaerent-== ene= perk#ng- speee- far- eaeh = €enr-
9e8tS:
termiaee�= bp- tke +Eommunity-
eeific= proQOSe& -use.
a. Parking requirement for each use shall be as required by the
zoning ordinance (Section 9202.5_F.4).
b. Where uses are unspecified„ parking requirement shall be
determined by the Community Development Director..
IM
MINIMUM
ADJOINING BUILDING HEIGHT
YARD
iWhere
no building adjoins
3-€eet
10 feet
Where
building 20 feet high or less adjoins
1-9 =€eee
15-feet
Where
building more than 20 feet high adjoins
14-feet
2Q feet
b.
Other yards: side and rear yards may be reduced to
zero feet
unless otherwise precluded by requirements of the city's
building
codes.
c. In the southern 30 -acre special industrial sub -area, all buildings
along South Higuera Street shall be set back at least 15 feet from the nearest
pedestrian easement or street right -of -way line, or if farther, a distance
equal to the height of the adjacent building..
8. Off- Street Parking
a--- 6e8ere�= Petk #ag= 6teederas�
i�e�e$ee� -A€ €wee- Pee - -- eae- perk�eg- speee= €er -eeek- 398- sgnere
€eat- a € = grass =€ €ear -area;
detail- Sales - == eae - parking- speee- Eer =eaek- 409- squaFe- €eet -e€
g €ass- €deer -area;
bet`ree= Ee�ere# eft #ghe- �a�nstre�- eat- 8stdaer- 6e €es --- ese
geek�cg- speee- €et- ese�i- �;�A9- sgesere- €eat -e €= ese - area:.
b:-- &peep € #e - Perk #ag= Stendards-
�Fe�g�Cberl�eee- 6e €efRestaerent-== ene= perk#ng- speee- far- eaeh = €enr-
9e8tS:
termiaee�= bp- tke +Eommunity-
eeific= proQOSe& -use.
a. Parking requirement for each use shall be as required by the
zoning ordinance (Section 9202.5_F.4).
b. Where uses are unspecified„ parking requirement shall be
determined by the Community Development Director..
IM
® 9. Off-Street-Loading
' 8ne- s€€- streeE- leediag- sgsee- sks€€- be- preu�deg- €er- eeek- €8;AA8- sgne�e
€eee- a €- bniie #ttg- epee--- �i�e- ffi# ti3maffi- s€ ze- e€- s-€ eed# ag- sgaee- }s- €�- €eee=by- 40 - €eee-
The minimum size of a loading space is 12 feet by 40 feet.
For projects which exceed 10,000 sq. ft. of building area, one
off - street loading space shall be provided.
The Community Development Director may require additional loading
spaces for uses which have building areas larger than 10,000 square feet.
10. Driveways
All driveways shall meet or exceed minimum standards defined in the
city's Zoning Regulations. The Community Development Director may require
wider driveways where needed to accommodate on -site truck circulation.
. 11. Outdoor Storage
Facilities for outdoor storage shall be provided where appropriate to
the proposed use. Uses which typically require outdoor storage include retail
sales of buildine materials. contractor's vard. manufacturinj landscape
aes3.gnatea areas onlyi requires parking areas anu ariveways s
outdoor storage or business activities (sales, service, etc: ).
12. Screening of Outdoor.Areas
SOutdoor vehie +e- parking loading and '.sales areas need not be screened .
unless specifically required by the Architectural Review Commission.
Outdoor storage shall be screened from general public visibility from
Prado Road, South Higuera Street and Tank Farm Road.
On interior streets, vehicle parking and outdoor storage areas should
be screened from street view, unless excepted from screening requirements by
the Architectural Review Commission. Screening from side or rear view need
not be provided unless specifically required by the Architectural Review
Commission.
• 13. Architectural end- Leadseepe Design Criteria
In addition to standard architectural design guidelines, Sign
Regulations and other similar design standards adopted by the city, the following
special criteria shall be observed:
a. Roof and exterior materials, lighting or electrical equipment use
which might create glare, confusion or interference with airport operations,
shall not be allowed. When doubt exists, the city shall refer the specific
design proposal to the Airport Land Use Commission for comment and recommended
conditions.
b. Noise- sensitive commercial or industrial uses, and any building or
use involving public assembly shall be referred to the Airport Land Use
Commission for review. Such uses may be approved, subject to specific
conditions regarding location, noise attenuation or insulation, avigation
easements and similar controls.
!19
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�F3g�ers -See E- sAd= �ae�R- Rest- F�eee— ska��= preemie- ea- aeeraeE�ve- seEegng- viewed
€rata- Eke- se�eeE;- ei3 e- gexe�e��y= ska��=# ave�ve- 3- gereeat= Ee- �9- pereeeE= a € -eoes�
fee= area;- �ae�ne3ag- yeees- gaeR�ag= sees= eae- sgaees- ed,}eeeae= es -en��� cgs-
Oec. Foundation and structural design of all commercial and industrial
structures shall include consideration of site- specific soils tests and the
city's seismic safety (ground acceleration) criteria. Buildings shall be
developed in accordance with-city-approved plans and specifications including
Mitigation of soils limitations and seismic hazards.
® e.d. Signs shall conform to, the city Sign Regulations except where
superseded by specific standards listed in this paragraph. Signs shall be
either wall - mounted or lout- profile, free - standing.
One free - standing sign at each premises shall be allowed and.shall
not exceed 12 feet in height or 72 square feet in area.
One wall sign for each business or tenant is allowed on each
frontage or building face having a public entrance not to exceed 10 percent
of the building face and not to exceed 100-square feet not to be located
above the second story.
Off- premises signs are prohibited within the specific planning area.
'?0
SUBDIVISION PLAN AND IMPLEMENTATION
Schematic Subdivision-Plan
The land use, circulation, public services, utilities, and drainage
systems previously described contribute to the schematic subdivision plan for
Higuera Commerce Park. A schematic subdivision is shown on the Land Use Map
and Circulation Map.
Phasing
To assure that creation of new jobs will not cause inmigration to
overstrain the local housing market and city services, these phasing provisions
shall apply:
- -No more than 20% (10 lots) of the total lots within the northern 50
acres -- excluding the home improvement center =- shall be built on within any
one calendar year. The city shall withhold building permits if proposed
construction would exceed this limitation.
—The six larger lots at the eastern part of the northern 50 acres
shall not be resubdivided unless the city determines a substantial fraction of
the smaller lots have been developed and the subdivider demonstrates a need for
more small lots which cannot be met elsewhere.
Within the southern 30 acres, no building permits shall be issued
until January 1, 1984. After that date, the city shall not issue building
permits for development of more than 15% of the area (4.5 acres) within any one
calendar year. Developed area shall include building coverage plus parking
lots, outdoor assembly or storage areas, and any required yards.
Plan Interpretation
Although the specific plan is more detailed in its - description of intended
development than the general plan, and in most respects is more precise than
city -wide zoning or subdivision standards, questions will arise regarding
intent.
The Community Development Director shall interpret this plan, subject to
the city's appeal procedures.
The allowed and conditional uses listed within the specific plan, as well
as the property development standards, supercede conventional zoning
provisions. If the specific plan does not contain provisions regarding
conditions controlled by conventional Zoning or Subdivision Regulations, it
shall be interpreted that the conventional standard is effective,.
• per #anees Variation from standards, except as specifically allowed by
provisions of eke this plan, may be considered pursuant to procedures and
findings eegetree- €er- varianee= eppileatiens as defined in the Zoning. Regulations.
Similarly, wherever the plan provides for conditional use permit, the procedure
for obtaining such permit shall be defined in the Zoning Regulations.
21
OS S
RESOLUTION NO. 5224 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP OF TRACT 843
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council made certain findings concerning Tract 843
as contained in Resolution No. 3976 (1979 Series) and Resolution No. 4976
(1982 Series)
SECTION 2. Whereas all conditions have been met including payment of
water acreage and frontage and park -in -lieu fees.
SECTION 3. This Council hereby grants approval of the final map of
Tract 843.
On motion of Councilwoman Dovey , seconded by Councilman Settl
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of
September , 1983.
� s • * w * s • • •
R 5224
Resolution No. 5224 (,7�83 Series) �..
Page 2�
I.41 A.
City Administrative OffEcer
Attorney
y Eng er
i��eri� !� �_�
,.
....
I � ,
i i .. -
RESOLUTION NO. 5223 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
BOBBY KOBER FOR EXTENSION OF OPERATION OF THE GOLF
COURSE CONCESSION THROUGH•MARCH- 31;_:1984.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, (copy attached), on file in the Office
of the City Clerk of the City of San Luis Obispo and incorporated herein by
reference, between the City of San Luis Obispo and Bobby Kober for extension of
operation of Laguna Lake Golf Course as concessionaire through March 31, 1984.
is hereby approved and the Mayor.is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this Resolution to:
Bobby Kober, Director of Parks and Recreation, Director of Public Services, and
Finance Director.
On motion of Councilman Griffin
and on the following roll call vote:
seconded by Councilman Settle
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of September
APPS VEDD: %J
City Administrative Offfcer
Personnel Director
R 5223
r
AMENDMENT EXTENDING AGREEMENT
Golf Course Concession
The undersigned parties to the Agreement dated April 1, 1979, and
extended through September 30, 1983, between the City of San Luis Obispo and
Bobby Kober, for operation of the Golf Course Concession at Laguna Lake, a
copy of which is on file in the Office of the City Clerk, hereby agree as
follows:
1. Said Agreement shall be extended through March 31, 1984.
2. All other terms and conditions of said Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be
executed on this 20th day of September , 1983.
FA *0 *3IF,
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City Cl rk Pamila Vo gt
Golf Professional
let'4-4
Bobby Kober
City of San Luis Obispo
RESOLUTION NO. 5222 (1983 Series)
A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
BOBBY KOBER,FOR EXTENSION OF GOLF PROFESSIONAL AGREE-
MENT TO MARCH 31, 1984.
BE IT.RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement (copy attached) on file in the office of
the City Clerk of the City of San Luis Obispo and incorporated herein by reference,
between the City of San Luis Obispo and Bobby Kober for extension of Golf Pro-
fessional Agreement to_ March 31, 1984, is hereby approved and the Mayor is
authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of the Resolution to:
Bobby Kober, Director of Parks and Recreation, Personnel Director and Finance
Director.
On motion of Councilman Griffin , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of
Afttyi-ttorney
Parks R Baton Director
Finance Directo
R 5222
AMENDMENT EXTENDING AGREEMENT
Golf Professional
The undersigned parties to the Golf Professional Agreement dated
March 16, 1977, as amended and extended through September 30, 1983,
between the City of San Luis Obispo and Bobby Kober, a copy of which is on
file in the Office of the City Clerk, hereby agree as follows:
1. Said Agreement shall be extended through March 31, 1984.
2. All other terms and conditions of said Agreement as amended, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be
executed on this 20th day of September , 1983.
Golf Professional
City of San Luis Obispo
RESOLUTION NO. 5221(1983 Series)
A RESOLUTION APPROVING AGREEMENT BETWEEN
SAN LUIS OBISPO COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT ZONE 9, THE
CITY OF SAN LUIS OBISPO, AND COUNTY OF
SAN LUIS OBISPO FOR MATERIAL REMOVAL IN
THE PREFUMO ARM OF LAGUNA LAKE.
BE IT RESOLVED by the Council of the City of San Luis Obispo to:
1. Approve Agreement between the San Luis Obispo County Flood
Control and Water Conservation District Zone 9, the City of
San Luis Obispo, and County of San Luis Obispo for material
removal in the Prefumo Arm of Laguna Lake.
2. Authorize the Mayor to execute the Agreement.
3. Direct the City Clerk to send executed copies of the Agreement
to the Deputy County Engineer of the County of San Luis. Obispo
and to the Public Works Director of the City of San Luis Obispo.
On motion of Councilman Griffin , seconded by Councilman Settle. ,
and on the following roll call vote:
AYES:. Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of September
R 5221
0
Resolution No. 5221
APP
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City Administrative Officer
tq Attorney
Public Works Director
(1983 Series)
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9,
THE CITY OF SAN LUIS OBISPO, AND
COUNTY OF SAN LUIS OBISPO FOR
MATERIAL REMOVAL IN THE PREFUMO ARM OF LAGUNA LAKE
This Agreement entered into on 20thday of September , 1983,
between the San Luis Obispo County Flood Control and Water Conservation
District, Zone 9 (hereinafter referred to as "Zone 9 "), and the City of
San Luis Obispo (hereinafter referred to as "City "), and the County of
San Luis Obispo (.hereinafter referred to as "County ");
W I T N E S S E T H:
WHEREAS, Zone 9, has included in the 1983 =84 budget $51,103 for a
program entitled Improvement Projects; and
WHEREAS, the City has prepared plans entitled "Material Removal in
the Prefumo Arm of Laguna.Lake", which are attached hereto as Exhibit 1
and incorporated herein by this reference; and
WHEREAS, County, through its Road Maintenance Division of the County
Engineering Department, has use for suitable materials in its road main=
tenance activities; and.
WHEREAS, a mutual assistance program for the material removal in the
Prefumo.Arm of Laguna Lake would prove beneficial to ail three entities;
NOW THEREFORE, in consideration of the mutual covenants, conditions,
promises and agreement herein set forth, .Zone 9, the City and the County,
mutually covenant and agree as follows:
1. Zone 9 agrees to provide not more that $51;103 to be used. by City and
County for accomplishing the work.descrilied in said "Material Removal
in the Prefumo Arm of Laguna Lake ". Zone 9 will administer the work..
n
2. County agrees to provide personnel and equipment (trucks) at the
job site to accept suitable material and will transport that material
for use on County roads to the extent that County can use the
material: Zone 9 will be responsible for the excavation and loading
costs and the County will accept such loaded material and transport
same for road maintenance use at County cost. County shall make no
charges to either Zone .9 or City for County's personnel or equipment
used in accepting or transporting said material.
3. Suitable material in excess Of that which can be used by County and
all unsuitable material, (such as silts, clays, stumps and trash)
will be disposed of at sites provided by City or at a landfill
disposal site designated by City.
4. Neither County nor Zone 9 nor City shall have any obligations under
this agreement after the said $51,103 provided Zone 9 has been
expended.
S. City will:
a. Prepare the necessary plans, including those shown as Exhibit 1
attached hereto.
b. Obtain any necessary permits from State Fish and Game Department
and other governmental agencies.
c. Act as lead agency in complying with the California Environmental
Quality Act.
6. The parties hereto shall attempt to time the work of removal so that
the material is removed prior to the 198.3 -84 rainy season and,
because costs are expected to be less with drier materials, it is the
intent of the parties hereto to delay the removal of the material
until just before the rainy season commences, unless otherwise
dictated by the Fish and Game permit.
7. Term. This agreement will commence upon execution and shall termi-
nate upon the expenditure by Zone 9 of the said $51,103, or December
31, 1983, whichever is earlier.
8. Indemnification and
Sole Conduct.
Each party hereto
shall
defend,
indemnify and save
harmless the other
parties and the
other
parties
officers, agents, and employees from and against all claims, demands,
liability costs, expenses, damages, causes of action; including but
not limited to inverse condemnation and judgments arising out of the
sole negligence or sole intentional acts of the party or its officers ,
agents, or employees, or independent contractors solely responsible
to such parties in performing or attempting to perform pursuant to
the provisions of this agreement including both acts and omissions to
act.
3
-f
IN WITNESS WHEREOF, Zone 9, City and County have executed this
contract on the day and the year first hereinabove set forth.
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES G. LINDHOLM, JR.
County Counsel
By
Deputy County Counsel
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
ZONE 9
By " Chairman o th Board
CITY OF SAN LUIS OBISPO
ATTEST:
V
City; Jerk, - Pamela -ges
SAN LUIS OBISPO COUNTY
By
Chairman o th Board of Supervisors
4
\- .RESOLUTION NO. 5220 (19 83 Series)-
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Quarterly Fund Program CITY PLAN NO. G -49
ESTIMATE: $92,075.00 BUDGET ACCOUNT: 50- 6362 -715
BIDDER: R. Baker, Inc. BID AMOUNT: $114,960.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Griffin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT; None
the foregoing Resolution was passed and adopted this _20th day of September ,
Finance Dire for
City Engineer
R 5220
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RESOLUTION NO. 5219 (19 83 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
Waterline Improvement Projects
PROJECT: Fixlini Street - Lizzie to S. End CITY PLAN NO. G -12
ESTIMATE: $71,100.00
BIDDER: R. Baker, Inc.
BUDGET ACCOUNT:
BID AMOUNT:
50- 6362 -715
$69,395
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Griffin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th. day of September ,
APPROVED:
City Administrative'Offic+
CiyAto
Finance Directaft
ity ngi eer R 5219
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m
RESOLUTION NO. 5218 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO DENYING AN APPEAL AND UPHOLDING STAFF
INTERPRETATION THAT PROJECT APPROVALS FOR PLANNED
DEVELOPMENT REZONING PD 0890 -A.AND TRACT 935
AT 2877 BROAD STREET HAVE EXPIRED
WHEREAS, the council of the City of San Luis Obispo considered the appeal
of John E. King as represented by T. Keith Gurnee that approvals for a project at
2877 Broad Street are still active and conducted a public hearing on the matter; and
WHEREAS, the council considered its actions taken on November 18, 1980, by
Ordinance No. 871 rezoning property from R -1, R -2, and A /C -40 to R -1 -PD and
approving a preliminary development plan, and by Resolution No. 4326 approving the
tentative map for Tract 935; and
WHEREAS, the council considered its actions taken on July 27, 1983, by
Ordinance No. 933 passing -to -print an amendment to Ordinance No. 871, and by
Resolution No. 4908, granting a twelve month time extension in which to file a
final map for Tract 935; and
WHEREAS, the council considered its action taken on August 3, 1983, by
Ordinance No. 933 final adoption, amending Ordinance No. 871, allowing additional
time to file a precise development plan for Planned Development Rezoning PDO890 -A;
and
WHEREAS, the council considered a letter from applicant representative Mr.
Leonard Lenger, dated May 17, 1982 requesting a twelve month time extension for both
Planned Development PD 0890 -A and Tract 935; and
WHEREAS, the council considered their actions taken on July 27, 1983 and
August 3, 1982 by reviewing staff reports, council minutes, and recommendations
of the Planning Commission; and
R 5218
Resolution No. 5218 (1983 Series)
Page 2
WHEREAS, the council finds that the intent and effect of their actions on
July 27, 1982 and August 3, 1982, was to grant a twelve month time extension to
both Planned Development PD 0890 -A and Tract 935 for filing a precise development
plan and final tract map; and
WHEREAS, the council finds that a twelve month time extension to both
Planned Development PD 0890 -A and Tract 935, did in fact expire on May 18, 1983.
NOW THEREFORE, the council resolves to deny the appeal and uphold the
staff's interpretation that all project approvals for Planned Development
PD 0890 -A and Tract 935 expired on May 18, 1983.
On motion of Councilwoman Dovey , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle and Mayor Billig
NOES: Councilmembers Dunin,and Griffin
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of September , 1983.
ATTFST-
M
Resolution No. 52181983 Series
Page 3
APPROVED:
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City Xd(hiplstrative Officer
4
City Attorney
& 6AmA, & m& &w
Community Development Director
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