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HomeMy WebLinkAbout6127-6139RESOLUTION NO. 6139 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION 5917 (1986 SERIES) AND ESTABLISHING REVISED FEES FOR FIRE DEPARTMENT PERMITS. WHEREAS, the current Fire Department Fee Schedule does not include fees for specific business plans for emergency response to a release or threatened release of hazardous materials; and WHEREAS, State law (Section 25500 et seq of the Health and Safety Code, Chapter 1167 of the 1985 Statutes) provides for cities to establish fees to recover the costs of implementing a State - mandated program to regulate specific business and response plans. NOW THEREFORE BE IT RESOLVED: by the Council of the City of San Luis Obispo as follows: Section 1: The Council hereby establishes fees for each item listed under Article 4 of the 1982 Edition of the Uniform Fire Code as adopted in Chapter 15.08 of the City of San Luis Obispo Municipal Code. Section 2: The Council hereby establishes fees to recover the cost of implementing a State - mandated program to regulate specific business plans for emergency response to a release or threatened release of hazardous materials. Section 3: The amount of each permit required shall be as shown in Exhibit "A" attached hereto. Section 4: Resolution 5917 (1986 Series) is hereby.rescinded. GT6 -Disk 3 R 6139 j� On motion of Councilman Settle r seconded by Councilwoman Dovey and on the following roll call vote: r AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1.6th day of December 1986. WAMMMOMW r bUNIN A CITY ¢LERKr PAMELA Approved: City 44ministroive Officer 3• / Filre Chief • EXHIBIT A • FIRE DEPARTMENT PERMIT FEE SCHEDULE (Renewable Annually) 1. Aircraft Refueling Vehicles $ 35.00 2. Aircraft Repair Hangar 35.00 3. Automobile Wrecking Yard 35.00 4. Bonfire or Rubbish Fires 35.00 5. Bowling Pin or Alley Refinishing 35.00 6. Burning in Public Place 35.00 7. Candles or Open - Flames in Assembly Areas 35.00 8. Cellulose Nitrate Storage (handle or store over 100 cubic feet) 35.00 9. Combustible Fiber Storage (handle or store over 100 cubic feet) 35.00 10. Compressed Gases: A) Non- flanmable - more than 6000 cubic feet 35.00 B) Flammable - more than 2000 cubic feet 45.00 11. Cyrogens: A) Inside Building 1) Flammable - over 1 gallon 35.00 2) Oxidizer (includes oxygen) over 50 gallons 35.00 3) Corrosive or Highly Toxic - over 1 gallon 35.00 4) Non - flammable - over 60 gallons 35.00 B) Outside Building 1) Flammable - over 60 gallons 35.00 2) Oxidizer (includes oxygen) 35.00 3) Corrosive or Highly Toxic - over 1 gallon 35.00 4) Non - flammable - over 500 gallons 35.00 12. Dry Cleaning Plant A) Using Flammable Liquids 35.00 B) Using Non - flammable Liquids 35.00 13. Dust Producing Operation 35.00 14. Explosives or Blasting Agents 35.00+ A) Engine Standby 65.00 hr. 15. Fireworks 45.00 16. Flammable or Combustible Liquid Pipeline Operation and Excavation 45.00 17. Flammable or Combustible Liquids A) Inside - Class I (over 5 gallons) Class II & III (over 25 gallons) 45.00 B) Outside - Class I (over 10 gallons) Class II & III (over 60 gallons 45.00 18. Fruit Ripening - Ethylene Gas Process 35.00 19. Fumigation or Thermal Insecticidal Fogging 35.00 20. Garages - Repair 35.00 Feesched - Disk 4: 12/86 -1- PERMIT FEE SCHEDULE - continued 21. Hazardous Chemicals: A) Cyrogenics (any amount) 45.00 B) Highly Toxic Materials (any amount) 45.00 C) Hypergolic Materials (any amount) 45.00 D) Organic Peroxides (over 10 lbs.) 45.00 E) Poison Gas (any amount) 45.00 F) Pyrophoric Materials (any amount) 45.00 G) Any combination of amounts stated above 90.00 *H) Hazardous Materials Business Plan (fee includes any hazardous materials fees) See Table I 22. Highly Toxic Pesticides (storage of any amount) 45.00 23. High Piled Combust. Stock - exceeding 2500 sf 45.00 24. Junk Yards 35.00 25. Liquified Petroleum Gas A) Containers more than 119 gallons water cap. 35.00 B) Tank Vehicles for Transportation of LP Gas 35.00 26. Lumberyard - Storage in excess of 100,000 bd. ft. 35.00 27. Magnesium Working - Process more than 10 lbs daily 35.00 28. Mall (Covered) A) Place or construct temporary kiosk, display booths, concession equipment or the like in the mall 35.00 B) Use the mall as a place of assembly 35.00 C) Use open - flames or flame - producing device 35.00 D) Display any liquid or gas - fueled power equipment 35.00 E) Use liquified petroleum gas, liquified natural gas and compressed flammable gas in a mall 35.00 29. Matches - Manufacture /Store in excess of 60 matchman gross (14,400 each gross) 35.00 30. Nitrate Film - Store, handle, use or display 35.00 31. Oil and Natural Gas Wells (drill, own /operate (Drill, own /operate or maintain) 35.00 32. Open Flame Devices in Marines A) Use open -flame devices for maintenance or repair of boats, slips or wharfs 35.00 B) To use a portable barbecue, brazier or working device on any boat, slip or wharf 35.00 33. Organic Coatings - Manufacture over 1 gal /day 35.00 34. Ovens - (Industrial, Baking and Drying) 35.00 35. Places of Assembly 35.00 36. Radioactive Material (store or handle - see UFC for amounts 35.00 37. Refrigeration Equipment - Mechanical refrigera- tion (see UFC for most common refrigerants) 35.00 Feesched - Disk 4: 12/86 -2- PERMIT FEE SCHEDULE - continued 38. Spraying or dipping 35.00 39. Tank Vehicles for Transportation of Flammable and Combustible Liquids 35.00 40. Tents and Air - Supported Structures - excess of 200 sq ft 35.00 41. Tire Re- capping 35.00 42. Underground Storage Tanks A) Facility Inspection /administration fee 1 tank 175.00 B) Additional Tank Fee 10.00 C) Transfer Fee (owner) 15.00 D) Plan -Check Fee (new facility) 40.00 E) Site Inspection /test fee (new facilities - per visit) 20.00 F) Tank Removal 20.00 G) Monitoring Well Drilling (obtain from County Health Department) 43. Waste Material Plant 35.00 44. Welding and Cutting Operations - Any Occupancy 35.00 NOTE: Any combination of the above permits shall not exceed $90.00 except for permits requiring apparatus and personnel standby time, permits for underground hazardous material storage and permits for Business Release Response Plans and Inventory. *Item not included on Resolution 5917 (1986 Series) Feesched - Disk 4: 12/86 -3- TABLE I HAZARDOUS MATERIALS BUSINESS PLAN PERMIT FEES UANTITY 1 -5 CHEMICALS 6 OR MORE CHEMICALS Catecrory 1 2 3 4 5 6 SOLID Pounds 500 -1000 1001 -5000 5001 & ulo 500- 1000 1001 -5000 5001 & u LIQUID Gallons 55 -1000 1001 -10000 10001 & up 55-10001001-10000 10001 & u GAS Cubic Ft. 200 -1000 1001 -5000 5001 & u 500 -1000 1001 -5000 5001 & uip Business Plan Fees 90.00 195.00 270..00 S135.00T $230.00 $270.00 NOTE: Fees include Fire Department Haz Mat permit fees TABLE - Disk 6: 12/86 �G�.��� -- r1 _ _ � �� f�L RESOLUTION NO. 6138 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1459 LOCATED AT 160 CERRO ROMAULDO AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1459 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: L The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in an R -I zone. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental dam_ age or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement. will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. 6. The common- access driveway is not inappropriately located. 7. There is no significant potential for conflict between the parties sharing the common - access driveway because of its location, length, grade, usage, or other characteristics. 8. The common- access driveway is justified because it will clearly be safer than standard driveways. SECTION 2. Conditions. That the approval of the tentative map for Tract 1459 be subject to the following conditions: 1. The subdivider shall submit a final map to the Community Development Department for approval and recording. 2 Final map shall show private drainage and sanitary sewer easements. 3. The installation of required street trees on Rosita and Cerro Romauldo may be postponed until the sites are developed. R 6138 Resolution No. 6138 (1986 Series) Tract 1459 Page 2 \/ 4. The subdivider shall provide drainage facilities that carry storm water from the individual lots to a suitable disposal point to the approval of the City Engineer. 5. Lots 4, 5, and 6 shall be served by a common- access driveway, approved by the _ Community Development Department., 6. Subdivider shall be required to submit a tree protection plan and bond or,other security approved by -the City - Attorney .- .pr-ior.to- any grading or construction on _lots 5 and -6; 'buildings shall be kept atleast :20 feet from of bank of creek:-: _ On motion of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this16thday of December 1986. 9 n Dunin AT T: Ci y Clerk Pamela loges City Administrative /off City Vtorney 0. Community Development Director �. /� c ����' LL, /�� RESOLUTION NO. 6131 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE HEARING OFFICER'S ACTION TO APPROVE MINOR SUBDIVISION 86 -227 FOR PROPERTY LOCATED AT 2695 JOHNSON AVENUE WHEREAS, on October 31, 1986, the Hearing Officer at a Director's Subdivision Hearing did approve a minor subdivision to create three lots from one lot for property located at 2695 Johnson Avenue, subject to various findings and conditions, including one related to designating one of the parcels as a "sensitive site" and thus requiring architectural review; and WHEREAS, on November 6, 1986, James Ward, the original subdivider, appealed the Hearing Officer's action to the City Council, requesting that Condition 9 of Director's Action 86 -31, which designates Parcel "B" as a "sensitive site", be deleted; and WHEREAS, on December 16, 1986, after a duly noticed public hearing the City Council did find the following facts and reasons for justifying denial of the appeal and upholding the Hearing Officer's action: 1. Said condition is necessary and reasonable to protect neighboring properties from potential overlook problems and loss of privacy, due to site topography. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Based on the aforementioned findings, the City Council does deny the appeal and uphold the Hearing Officer's action, including all conditions. On motion of Councilman Settle . seconded by Councilwoman Doveyand on the following roll call vote: R_ 61.37 Resolution No. 6137 (1986 Series) Minor Subdivi_son MS 86 -227 Page 2 AYES: Councilmembers Settle, Dovey, Griffin and Mayor Dunin NOES: Councilwoman Rappa .ABSENT: None the foregoing resolution was passed and adopted this 16thday of December 1986. Mayor Ron Duniri AT T: C ty Clerk Pamel oges APPROVED: '�L Q / City Administ tive ffic r lz'r'/� � City Att Ir ney V Community Development Director RESOLUTION NO. 6136 (1986 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A PERMIT TO CONVERT 1212 GARDEN STREET TO NON- RESIDENTIAL USE (CV 1293) WHEREAS, a bed and breakfast inn at 1212 Garden Street is consistent with the San Luis Obispo Land Use Element and the Zoning Regulations; and WHEREAS, the applicant's proposal is supported by the Goals for Downtown that state that "older buildings in the downtown should be rehabilitated to show off their turn -of- the - century character" and city historic preservation goals; and WHEREAS, the bed and breakfast use will be compatible with surrounding land uses and conforms to city policies regarding the location of tourist accommodations; and WHEREAS, the loss of the use of the building as an 8 -unit apartment house will not significantly affect the supply of downtown housing; and WHEREAS, based on information submitted by the applicant, retention of housing at this specific location is determined to be infeasible; and . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings (MC 17.86.060). That this council finds that the conversion of 1212 Garden Street to non - residential use is consistent with the adopted San Luis Obispo general plan and the adopted downtown goals statement. SECTION 2. Conditions. 1. Each tenant shall have the right to remain in the building until March 2, 1987. 2. A tenant's rent shall not be increased between December 2, 1986, and March 2, 1987. 3. Prior to approval of a building permit, applicant shall submit to the Community Development Director for approval a plan for providing parking for guests, including a loading zone for guests at or near the site. SECTION 3. Downtown Housing Conversion Permit CV1293 is hereby approved. R 6136 Resolution No. 6136 (1986 Series) Page 2 On motion of Councilwoman Rappa seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa,. Settle..and Mayor Dunin NOES: Councilmembers Dovey and Griffin ABSENT: None the foregoing resolution was passed and adopted this 16th day of December, 1986. ayor Ron Dunin City Administrati Officer City Attor ey Community Development Director RESOLUTION NO. 6135 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REJECTING BIDS AND AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO REBID AND AWARD INTERMODAL FACILITIES PROJECT - RAILROAD AVENUE AREA WHEREAS, the City Council received bids for the Intermodal Facilities Project- Railroad Avenue Area; and WHEREAS, the bids received exceeded the consultant engineer's estimate and the project budget. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of San Luis Obispo:. 1. Rejects all bids for the Intermodal Facilities Project- Railroad Avenue Area; and 2. Authorize the City Administrative Officer to revise the project cost estimate, plans and specifications, rebid and award the project in accordance with the Purchasing Control Procedures, PC- 403.3. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of December, 1986. MAYOR RON DUNIN AT S C CLERK PAMELA S sassxssassmas R 6135 ;Resolution No. 6135 (1986 Series) ,Page 2 APPROVED: City Administrative Officer City At rney Finance D r or � � �. C� �� /�� � , �1 RESOLUTION NO.6134 (1986 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING TOBY ROSS ACTING CITY ADMINISTRATIVE OFFICER WHEREAS, Charter Section 701 authorizes the Council responsibility to appoint a City Administrative Officer to be the administrative head of the City; and WHEREAS, the position of City Administrative Officer will become vacant on December 27, 1986, with the resignation of Paul A. Lanspery; and WHEREAS, Toby Ross is presently the Assistant City Administrative iOfficer and is fully qualified to serve as Acting City Administrative !Officer; and WHEREAS, it is Council's intent to recruit, screen and appoint a City Administrative Officer in a prompt fashion. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis, Obispo that Toby Ross is appointed Acting City Administrative Officer effective December 27. 1986, and said appointment will be effective until a permanent appointment is made to the position of City Administrative Officer and said individual begins work for the City of San Luis Obispo. BE IT FURTHER RESOLVED that effective February 1, 1987, Mr. Ross's salary will be set at $4,900 per month for the term of his appointment as Acting City Administrative Officer. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of December, 1986. MAYOR RON "DUNIN AT C TY CLERK PAMELA G S App` v City Administrative Officer City A?orney R 6134 I I 'J.. j : : I t� RESOLUTION NO. 6133 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REJECTING BIDS AND AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO REBID AND AWARD "CORPORATION YARD SEWER MAINTENANCE BUILDING" WHEREAS, the City received bids for the "Corporation Yard Sewer Maintenance Building "; and WHEREAS, the bids received exceed the engineer's estimate; NOW, THEREFORE BE IT RESOLVED, the City Council for the City of San Luis Obispo: 1. Rejects all bids for the "Corporation Yard Sewer Maintenance Building ", City Plan No. K -48D; and 2. Authorizes the City Administrative Officer to revise the specifications, rebid and award the project in accordance with the Purchasing Control Procedures, PC- 403 -3. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilwoman Dovey AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of December . 1986. MAYOR RON DDUNIN ATT CIT CLERK PAMELA VO S R 6133 Resolution No. 6133 (1986 Series) APPROVED: —! c- City Administrative Officer City Attot ey finance Director Public Works Director Utilities Manager sewermaint /wth #5 SOLUTION NO, 6132 (1986 Seriesr-i v. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 198E FOR: 1. RENOVATION OF THE SENIOR CITIZENS CENTER, 2. PEDESTRIAN AND BICYCLE CIRCULATION PATHS AT SINSHEIMER PARK, 3. REHABILITATION OF THE SOFTBALL LIGHTS AT SANTA ROSA PARK, ALL LOCATED IN THE CITY OF SAN LUIS OBISPO. WHEREAS, the people of the State of California have enacted the Community Parklands Act of 1986, which provides funds to the State of California and its political subdivisions for acquiring and developing facilities for public recreational and historical purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application(s) to the state; and WHEREAS, said application(s) contain certain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for acquisition, development, rehabilitation or restoration of the projects; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for Community Parklands Act of 1986 state grant assistance for the above project(s); and 2. Certifies that said agency understands the assurances and certification in the application form; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the projects; and 4. Certifies that said agency will complete the projects within three years from the date of approval by the state; and R 6132 RESOLUTION NO. 6132 ' (1986 Series) Page 2 5. Certifies that the projects included in this application conform to the parks element of the City of San Luis Obispo. 6. Appoints the Director of Parks and Recreation as agent of the City of San Luis Obispo in the County of San Luis Obispo to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments; payment requests, and so on, which may be necessary for the completion of the aforementioned projects and as allowed by the City Purchasing Policies. On motion of Councilman Settle seconded.by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of December , 19 86_, Ron Dunin, Mayor ATTEST: City Clerk, Pamela V s APPROVED: ity Administrative Officer City At Director of FAance for 'bf Parks and Recreation �� �v ., RESOLUTION NO. 6131 (1986 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 1259 AT 2100 SAN LUIS DRIVE (ALEX MADONNA, SUBDIVIDER) WHEREAS, the Council made certain findings concerning. Tract 1259 as contained in Resolution No. 5813 (1985 Series), and WHEREAS, bonds in the amounts of $210,000 to guarantee faithful performance to install remaining subdivision improvements, and $210,000 to guarantee payment for Labor and Materials in accordance with the subdivision are on file, and WHEREAS, the Council has approved the annexation of certain property pursuant to Condition 13 of Resolution 5813 (1985 Series), and WHEREAS, all other conditions of Resolution No. 5813 (1985 Series) have been met and the final map is in substantial conformance with the approved tentative map, NOW THEREFORE BE IT RESOLVED, this Council hereby grants.approval of the final map of Tract 1259 and authorizes the Mayor to execute the agreement and acceptance document for the open space easement per Condition 11 of Resolution No. 581.3 (1985 Series). On motion of Councilman Settle and on the following roll call vote: ,seconded by Councilwoman Dovey AYES: Councilmembers Settle, Dovey, Griffin, Rappa. and Mayor Dunin. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of .December , 1986. VMTOR RON DUNIN ATP CI'1 CLRRK PAMELA V S R 6131 Resolntion No. 6131 (1986 Series) Page Two. APPROVED: �z a City Administrative ffic City Att ney° Community Development Director gAg-ine-er jk4 /t1259fin by c. �. � . i� STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 16th day of December by and between ALEX MADONNA herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 1259, City of San Luis Obispo, California, as approved by the City Council, on the 16th day of December 1986 The Subdivider desires that said Tract 1259 be accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit.: r 1. CURBS, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement 2 } J. Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the eXpiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council: 1. The Subdivider has deposited a cash monumentation guarantee of $3,000.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from.the Engineer indicating they have completed the work and have been paid. 2. The Subdivider has paid water acreage fees of $5162..00 (4.45 AC [net] x $1160/AC). 3. The Subdivider shall be responsible for planting, maintaining and watering the street trees and landscaping on Lot "A" and emergency access road for one year after acceptance of improvements or until the growth is established and self- sufficient, whichever is latest. 4. The Subdivider has submitted a tree protection bond of $50,000 and tree preservation and open space easement documents per Conditions 10, 11 & 12, of Resolution 5813 (1985 Series). 5. The Subdivider has provided an informational brochure for all future lot owners in the tract regarding care of native oaks and shall take all due precautionary measures to minimize damage of trees to be saved during the construction of subdivision improvements. 6. The Subdivider has paid park -in -lieu fees in the amount of $9,146.00. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. 3 -J The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the.faithful performance of this agreement. Said instrument of credit or bond is in the amount of $210, 000.00, which is the amount of the estimated cost of the remaining portion of uncompleted improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the original total post of improvements, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 4 complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the total value of subdivision improvements in accordance with State law. (50% of $300,000 = $150,000) Said Subdivider has deposited with the City the sum of $9,000.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $9,000.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. F1 It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to.. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF S LUIS OBISPO MWYOR UNIN ATT C TY CLERK PAMELA ES Approved as to form: City At rney /City-E4 ineer Agr -7259 by M SUBD IDER /ALEX M ONNA �� `- die'"'" ,: i'Z— �'—+�(� RESOLUTION No. 6130 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING ANNEXATION OF 18.89 ACRES AT 2100 SAN LUIS DRIVE KNOWN AS SAN LUIS OBISPO CREEK ESTATES WHEREAS, the owners of 18.89 acres at the easterly edge of the city, southerly of Highway 101, have requested. annexation to the city; and WHEREAS, on March 20, 1986, the Local Agency Formation Commission (LAFCO), after a public hearing, approved the annexation; and WHEREAS, the annexation request is consistent with the city general plan for "minor annexations "; and WHEREAS, the territory to be annexed is located within the Sphere of Influence and Sphere of Service of the City of San Luis Obispo; and WHEREAS, the owners of the annexed territory have agreed to grant to the City of San Luis Obispo an open space easement for 18.29 acres of the annexed territory; and WHEREAS, the City Council finds that the annexation is an appropriate addition to the city. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the annexation to the City of San Luis Obispo of 18.89 acres as approved' by LAFCO Resolution No. 86 -15 and as shown on Exhibit "A" and described on Exhibit "B" and Exhibit "C" attached hereto. On motion of Councilman Settle: seconded by Councilwoman Dovey . and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Ranpa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this : 16th day of December 1986. �7- yo, Ron Dunin. ATT Cit Clerk Pamela vogos R 6130 Resolution No. 6130 (1986 Series) Page 2 APPROVED a City Administrative ffic r /L� City Att ney Community Development Director K E1227 Madonna -San Luis Drive PARCEL A: That portion of the Northwest 1/4 of Section 25, Township 30 South, Range 12 East, Mount Diablo Base and Meridian in the County of San Luis Obispo, State of California as described in the Official Plat as recorded in the Office of the Surveyor General of the Government Land Office, said portion more particularly described as follows: 8 eg inn ing at a concrete monument on the Southerly right -of -way of Highway 101 at - Station 149 +29.44 as recorded at Right -of -Way Map 05 -SLO -101 Sheet 8 (1954) said map being filed with the State.of California, Division of Highways; thence along said Southerly right -of -way North 650 35' 50" East a distance of 16.01 feet to the City Limits Line of the City of San Luis Obispo; said point being the True Point of Beginning; thence along said right -of -way North 650 35' 50" East a distance of 107.62 feet; thence leaving said right -of -way South 20 26' 56" West a distance of 285.11 feet; thence South 590 27' 20" West a distance of 99.65 feet to said City Limits Line; thence along said City Limits Line North a distance of 291.03 feet to the True Point of Beginning, said parcel containing a .60 Acres. EKMIT 13 Pace 2 PARCEL B: That portion of the Northwest 1/4 of Section 25, Township 30 South, Range 12 East, Mount Diablo Base and Meridian in the County of San Luis Obispo, State of California as described in the Official Plat as recorded in the Office of the Surveyor General of the Government Land Office, said portion more particularly described as follows: Beginning at a concrete monument on the Southerly right -of -way of Highway 101 at Station 149 +29.44 as recorded at Right -of -Way Map 05 -SLO -101 Sheet 8 (1954) said map being filed with the State of California, Division of Highways; thence along said Southerly right -of -way North 650 35' 50" East a distance of 123.63 feet to a point, said point being the True Point of Beginning; thence along said right -of -way North 650 35' 50" a distance of 270.40 feet to a concrete monument; thence along said right -of -way North 440 11' 50" East a distance of 8.15 feet; thence leaving said right -of -way South 300 377.62 feet; thence South 140 47' East a distance of 182.51 240 55' East.a distance of 386.78 feet; thence South of 409.18 feet; thence South 710 42' 35" West a dista thence North 390 22' 20" West a distance of 40.71 feet 55' East a distance of feet; thence South 80 34' West a distance nce of 702.16 feet; to a point, said point being on the City Limits Line of the City of San Luis Obispo; thence North along said City Limits Line 991 .67 feet; thence leaving said City Limits Line North 590 27' 20" East a distance of 99.65 feet; thence North 20 26' 56" East a distance of 285.11 feet to the True Point of Beginning, said parcel containing 18.29 Acres. 04=Ct;,Y �,9�C'�, � � -� �; ��� app City of SAn Luis OBISPO Resotution of A PP ReciAtion RESOLUTION NO. 6129 (1986 Seu.ed) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO PAUL A. LANSPERV FOR HIS SERVICE TO THE CITY AND ITS CITIZENS WHEREAS, Paut A. Lan6pehy tabohed bhom dawn to du6k ad a 6h &t- 6.Zeeve admixi.6tuttoh, be)Lvi.ng in evehy capacity bhom cheeteadec to garbage monitoh; and WHEREAS, Paut A. Lampuy, without giving thought to peusonat didcom6oht, 6enved in the Fite Pit Sort 6uch a.u6piei.ou6 oeca6 i.on6 a6 the Emp,Zoyee Recognition Pnognam and the Mayore'6 thank -you BBQ; and WHEREAS, Paul A. Layvpecy WAS pmonatty .invo,Zved in 6uch eZ,ite community aibair6 a6: Reeeeati•on So 6tba t (Rea6 onab.Ze Doubt6 1 -15) ; RecAeati.on Bab ketbat (Reeohd Unknown) and the ,Zagat closed coun6e tAi.ath?Zon in the wohtd, THE SLO TRIATHLON, where he set a time hecohd (2:06:11 - 8016t p,Zace in a coed b.ietd o6 1063) that wi.0 be a eha tenge to hi.6 6ucee66ou Soh many year6; and WHEREAS, Paul A. Lan6pehy hoodwinked a goodey number o5 the Management Team memberb to paint hi6 hou6e on theit day o66 and in tirue Tom SawyeA 6a6hton; and WHEREAS, Paul A. LoAzpecy imphoved .intehgovewmenta.Z &eZatc:on6 .i.nmiea6urabty by arucangtng a 6tag- 600tbaeZ game with the county which the city convi•ne.ing.ey won; and WHEREAS, Paul A. Lanbpecy 6howed his "GUTS" by winning and to6.i•ng targe aura ob money in unu6uat testa ob his card- p.Za.ying skin; and WHEREAS, Paul A. Lanspecy ha6 cheated and 6haped a "MANAGEMENT TEAM ", a cohesive greoup o5 depaA,67ient head6 dedicated and committed to 6otv.i•ng city -wide .c.66ue6 whiZ.e ,i,mphov i ng the quat ty o6 t iSe Soh he6.ident6 o6 the city. NOW, THEREFORE, BE IT RESOLVED, that the City Counei.Z expruta6e6 the C.ety'6 gAati tude Soh 5.ive yews ob vaZued and dedicated s e v ice to the community. On motion o5 Counc tmembee Ghi66.in, 6econded by Counei,Zwoman Dovey, and on the go.EZowing hott Batt vote: AYES: Coune,iZmembecb GAi6jin, Dovey, Rappa, Settle and Mayors Dun.i.n. NOES: None ABSENT: None the bougo.i,ng Re6otution vaz pa66ed and adopted thi,6 16th day og December, 1986. ATTEST: _ w/AA&AA _ CITY CLERK AMELA 152 -& RESOLUTION NO. 6128 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL AND MODIFYING THE CONDITIONS OF APPROVAL IMPOSED BY THE PLANNING COMMISSION IN APPROVING A CONDITIONAL USE PERMIT FOR A SECOND UNIT FOR PROPERTY LOCATED AT 2725 AUGUSTA STREET (A109 -86) WHEREAS, on October 22, 1986, the Planning Commission did approve a conditional use permit to allow a second dwelling unit for an existing single- family residence located at 2725 Augusta Street, subject to various conditions including ones related to off- street parking and fencing; and WHEREAS, on October 28, 1986, William and Barbara Kraus, the original applicants, appealed the Planning Commission's action to the City Council, requesting that certain conditions related to parking and fencing (specifically conditions 12 and 13 in Planning Commission Resolution No. 305746) be deleted or modified; and WHEREAS, on December 2, 1986; after a duly noticed public hearing, the City Council did find the following facts and reasons for justifying granting the appeal with regard to parking and fencing: That a 6 -foot fence is not necessary to protect the reasonable privacy concerns of nearby residents; and 2. That an alternative parking arrangement is acceptable while better preserving the attractive landscaping provided at this location. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows` SECTION 1. That the council does hereby delete conditions No. 12 and 1.3 of Planning Commission Resolution No. 3057 -86. SECTION 2. That. the Council does hereby modify the conditions of approval to add the following: 12. This permit shall be subject to review and approval by the Community Development Director upon any change of ownership of the property. 13.. Two additional parking spaces shall be provided in the manner illustrated in Exhibit "E" referenced hereby and on file: with the Community Development Department. R 6128 Resolution No. 6128 (1986 Series) Use Permit A109 -86 Page 2 SECTION 3. That condition No. 9 of the Planning Commission Resolution No. 3057 -86 shall be modified to read: 9. Use permit shall be reviewed in one year following., this aonroval.of the second dwelling unit and at three year intervals thereafter. It shall be the responsibility of the property owner to initiate the reviews and pay applicable fees. On motion of Councilwoman Ravva . seconded by CouncilmanSettle.and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Dovey and Mayor Dunin NOES: Councilman Griffin ABSENT: None the foregoing resolution was passed and adopted this -2nd day of December 1986. -- ® o Xffyor Ron Dunin A -7, Ci y Clerk Pamela Vo es APPROVED: City Administrative Officer City Attorn Community Development Director �vZ/L f SAN LUIS OBISPO CITY PLANNING COMMISSION RESOLUTION NO. 3057 -86 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the City Council Chambers of the Sari Luis Obispo City Hall, San Luis Obispo, California on October 22, 1986, pursuant to a proceeding instituted under application.No. A109 -86 by W. & B. Kraus, applicants. USE PERMIT REQUESTED: To allow a second dwelling unit with exception to size allowed. PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall.. GENERAL LOCATION: 2725 Augusta Street GENERAL PLAN LAND USE ELEMENT: Low- density Residential PRESENT ZONE: R -1 WHEREAS, said commission as a result of its inspections, investigations and studies made by itself, and in behalf and of testimonies offered at said hearing, has established existence of the following circumstance: 1: The proposed use will not adversely affect the health, safety, and welfare of persons residing or working on the site or in the vicinity. 2: The proposed second dwelling is aesthetically and functionally compatible with the primary dwelling unit. 3. The proposed second dwelling unit provides a safe, convenient, and independent living environment for occupants.. Resolution No. 3057 -86 Use Permit A109 -86 Page 2 4. The proposed second dwelling unit substantially conforms with applicable codes and city requirements for second dwelling units, pursuant to Chapter 17.21 of the Municipal Code. 5. The proposed second dwelling unit is categorically exempt from environmental review. 6. The proposed second dwelling unit is on an oversized lot with 10,000 square feet in area and separate entries for the primary and secondary units. 7. An exception to Section 17.21.030 (H) of the Municipal Code to allow a 636 square foot second dwelling unit where up to 450 square feet is normally allowed is warranted since: A. The purposes of the second unit ordinance are served by granting the exception; and B. Strict compliance with the size limitation would require significant structural modifications that would not be required otherwise. NOW, THEREFORE, BE IT RESOLVED that application No. A109 -86 be approved subject to the following conditions: 1.. A total of four vehicle spaces shall be provided at all times to city standards for primary and secondary dwelling units. One parking space may be in tandem and located in the required street yard setback. 2. Applicant shall pay additional sewer and water service fees for second dwelling unit to the approval of the City Engineer. 3._ Site and building design plans including fencing, landscaping, parking spaces, paving, and site lighting shall be approved by the Community Development Director. 4. Applicant shall secure all necessary construction permits prior to occupancy of the second dwelling unit to the approval of the Chief Building Official. 5. Design and use of second dwelling unit shall be as shown in Approved plans dated August 30, 1986. 6• Applicant shall install address sign for second dwelling unit to the approval of the Community Development Director. i `J Resolution No. 3057 -86 Use Permit A109 -86 Page 3 7. Either primary or secondary dwelling unit shall be owner- occupied. Property owner shall allow the city, at any reasonable time, to verify owner occupancy, either by allowing an inspection of records or by visual inspection of the premises, provided that the inspection shall be preceded by notice to the residents of not less than one hour. 8. Upon receipt of any reasonable written complain''from a citizen or city department, the Community Development Director shall schedule use permit for review at a public hearing. Upon review, "use permit conditions may be added, modified, or deleted to insure. neighborhood compatibility and compliance with city regulations. Use permit shall be reviewed in one year following �s�c*c -nc -y of the second dwelling unit and at three year intervals thereafter. It shall be the responsibility of the property owner to initiate.the reviews and pay applicable fees. 10. Failure to comply, with the above conditions and all provisions of the second unit ordinance (M.C. Chapter 17.21) within 30 days of the building permit issuance shall be grounds for use permit review and revocation. Upon use permit revocation, the property owner shall, at his own expense, convert primary and secondary dwelling units back to a single dwelling unit. 11. If the second unit is found by the Planning Commission to become a public nuisance or a detriment to the health, safety, or welfare of the neighborhood or community generally, this use permit may be revoked and the property -owner shall, At his own expense, convert the primary and secondary dwelling unit back to a single dwelling unit, including but not necessarily limited to the removal of the second kitchen. �2 Two parking spaces shall be provided perpendicular to Augusta street and side -by -side, parallel to the southeastern property line, partially within the existing planted area in front of the.living room of the main dwelling: Access to the second unit from this parking spaces shall be provided and maintained on the southeastern side of the property. `13. The fence along the property line shall be 6 feet in height of solid materials to increase privacy to the neighbor's yards. i t" i I Resolution No. 3057 -86 Use Permit A109 -86 Page 4 The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo, upon the motion of Commr. Gerety, seconded by Commr. Kourakis, and upon the following roll call vote: AYES: Gerety, Kourakis, Duerk NOES: Dettmer, Crotser ABSENT: Reiss, Schmidt Michael Multari, Secretary Planning Commission DATED:, October 22, 1986 r" I i a _ 0,7 , x a 3 � � c, a th no m: J J W Y �tl K .yY a> yya •te=a a5'iTEP<HN lb i I yI, 2 �q � RasE a�ROe��v - SP/fiCB #3. M�4PcE MCC G �MBObE —� DRNE wa r � S�DE'WA4K I ,40&L)57'A Sr sPA46 �s SPACB #- 914911 &er EXN /BIT � -/ ORWAML REGOM MENAaTiou 1 _ 1 tt4 AW 6RRD N SPA1 2 1 I o y -- � � SPRGo a -' SPRGB R ® GARA�e I MAP[E MEE 2. gPEkTY t�N6 F NBObE —9 DRIVE wA Y S�DBW��K ,4L;6.05 7'A ST. EXN /8 "T 6-Z MoviF/ED veRS /oN OK/bIM41- STAFF 3�3 z � = /' RECOMM FN DA -T /oN 2 y 1 NO dJE srA 5 PACE -#4 3 J I `1 =1 I m t SPA4 E l Aad' GARDEN r 1 ` QA.APLE 77PEE Z. APE*R rY IL/NB DRJUS WA r I SrDEWA�K AU&usrA 577 . fXN /Blr C Pt.aNaitiG' �oHHissioN lP /ROVED ARXAA*f1% r 2 1 0 z L t S9gce b Z = t *4 SPA4i RasE c�v�o��V I W SPACE SPAGF Y 03 tr2 aR�vewar QMA.,q,v4E* TREE PRaI F MBObE —� AU&USTA 577 , z� =!� G�v�A�e EXNIen' ID -1 &PPEAJ.:ANTS' PREF£RE/VGE 2 4 I z NOVSE Sauce *4 >Rive WA r ROS46 11�4tG�N � SPA ce 43 0 MmC ME- 4r— .V"&C —p S�OE►dA�K ,4U6v5TA ST. 316z8 -/` SPADE �t SPAes w z GARq &e OCxNIBlr n -a H D /F /BD VE&IAV PREFEREN[� m i 0 i -/ 7 Lj :."VO I I / '. , _ G. y I DR C) ?ii0 c7 044 1 :."VO I I / '. , _ G. y I ON M Il ly) co CC ul A A O DR C) ?ii0 c7 ON M Il ly) co CC ul A A O rf O ,�63 8 .00 R' OFFlt*AL RECORDS SAN LUIS 03►SPO CO -, CAL r. JAN 27 1987 RECORDINNG� REQUESTED BY AND MAILTO NAM / �y ° T ��'`� Lu r � I �'OO FRANCIS M. COONEY - E ..� STREET '� °� 00 COUrtiy Clerk Recorder 'n .�E 1F�30 PM _ 6y - RESOLUTION NO. 61'27. (1.986Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN ADJUSTMENT TO THE OPEN SPACE EASEMENT FOR TRACT 1313,. FOOTHILL /LA MANCHA PROPERTIES WHEREAS, the City Council has held a public hearing to consider subdivider's request to abandon a %portion of the city's open space easement; and WHEREAS, the requested abandonment involves a minor portion of the existing 10 -acre open space easement; and WHEREAS, the adjustment of the open space boundary will result in a more logical configuration of the open space boundary in relation to lot lines for lots 9 -17, Tract 1313, and will have no significant effect on the preservation or character of open space in the area. NOR', THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. That the city's open space easement as shown on attached Exhibit B shall be modified as shown on Exhibit A, to the approval of the Community Development Director.. SECTION 2. Said modified easement shall be recorded by the subdivider.to the approval of the Community Development Director. On motion ofCouncilman Settl Councilwoman Rappa aseconded by and on the following roll call vote: AYES: Coiuncilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None VOL 2945PAGE255 R 6127 Resolution No.6127 (1986 Series) Page 2 the foregoing resolution was passed and adopted this 2nd tray of Dec. , 1986. Mayor Ron Dunin 5�• City• Jerk Pamela Vog ti��Yr� � • APPROVED: City Administrative Officer 14%4&2441! Community Development Director VOL 2945PACE256 ch k g� Ut tl � �ti ark % N IrA wag3w*3 75MW 00,42mow ow 'AP • a E A812 1 EE -M DE ELOPMM ASSOCIATES 9Wtt*'bBM00."CA'934MD M*51549mm 'A CA IrA wag3w*3 75MW 00,42mow ow 'AP • a E A812 1 EE -M DE ELOPMM ASSOCIATES 9Wtt*'bBM00."CA'934MD M*51549mm - a+ h ` ` A EXHIBIT, A VOL 2945PACE257 0 O E D 0 0 0 (U 0 0 O a-; CY 'A - a+ h ` ` A EXHIBIT, A VOL 2945PACE257 0 O E D 0 0 0 (U 0 0 O a-; CY Legal Description for Abandonment of Open Space Easement All that portion of an open space easement as described in Book 2105 of Official Records at Page 660 in the office of the County Clerk- Recorder, County of San Luis Obispo, Calif. and shown over portions of Lots 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of Tract 1313, Unit 1 as recorded in Book 13 of Tract Maps at Page 30 Records of said County lying Southerly (within lots 7 and 9), and Easterly (within lots 9 through 17) of the following described line: Beginning at the Northwesterly corner of Lot 7 also being the most Southerly corner of Lot 13 of said Tract 1313 thence; Along the Northerly line of Lot 7 N 33 46 39" E a distance of 105.18 feet to the most Northerly corner of Lot 7: Thence, along the Northerly line of Lot 9 N 67 19' 09" E a distance of 30.00 feet to the Southerly corner of Lot 10. Thence; along the W'ly line of lots 10, 11, 12 N 35 12' 35" W a distance of 92.20 feet and N 22 40' 51" W a distance of 185.00 feet to the Northwesterly corner of Lot 12. Thence continuing N 22 40' 51" W across Lots 13 and 14, a distance of 255.46 feet to the Northerly line of Lot 1.4. Thence, N 03 20' 02" E across Lot 15 a distance of 174.69 feet to the Southerly corner of Lot 16. Thence continuing N 3 20' 02" E along the Westerly line of Lot 16 a distance of 139.90 feet to the Northwesterly corner of Lot 16. Thence continuing N 03 20' 02" E across Lot 17 a distance of 258.53 feet to the Northerly line of Tract 1313, Unit 1. i.' 41. .. VOL 2945 PAGE 258 •: �• t;:•[, , _• ,: •; .rii:..�.1' 'rr [ :. •�...++ Al .l:rla: a,J!aL16i;1iC WIZ iitea 4; t:iL•hiPeis t'!:II. ( �K!:u'!'l::1 5$• F ._IS ••:''"t .'n't :y °: . ,..1 ..'S.;.'i`••: �:�•:;itini5itp -i;:5 !,I.y 1 1 i �rsw •an!Ve81!��� r.aee�ta�s�at6 ::• .t �'•'�4��''n •t0.L1O5 rhea recorded, return to: CIST CLEWS Office City of San Luis Obispo P.O. Don 121 San Lola Obispo. CA 91606 OPEN SPACE EASEMENT a- enasxlaa F" A8078 pif101L RECORDS V11 tins OaSi'0 CO. CC OCT 101978 COUKrY MOOR= "04 9 : 9 5 pm: Thia indenture, made and entered Into this lat day of Auaeat. 1978, by tad between POLIN- TRUCNAN i COOPER REALTY INC., herein- after called 'Owner.' and THE CITY Or SAN LUIS OBISPO. a municipal tcrparation of the State of California, hereinafter called 'City, WITSUSNTBt t=REAS, Owner possesses certain property situated in the Couat7 of San Iris Obispo. State of California, hereinafter described u 'the subject property.' sod sore particularly described in Exhibit 'D', attached hereto and by this reference Lncorporatad hereinl and MIEREAS, the subject property has certain natural aconic beauty and existing opeansssr and samm", both Owner and City desire to preserve and conserve for the public benefit the gnat natural scenic beauty sad existing opeamess, natural condition and present state of use of said property of the Owners sad MMRCAS, the Owner has requestad aru•aaation of 21_ acres to the City wish latent that 11• acres would be allowed to develop with 19 single family hose sites and that the rsmaLnLaq 100 across beyond the City's urban reserve line would be preserved la its present •conic beauty and existing openness by the restricted use and "Joy- mat of said property by the Owner throcgh the imposition of a perpetual open space eaeemant with conditions hereinafter expreasedt sad t• N 0I!] to I fQ L O (Y I >1 , [:;:.:;�: .�i: +;;;•�:�j�; 8888,.. N 0I!] to I fQ L O (Y I >1 , , f Yi.almm�aalN I !C.'sarP.*MeeM :�h' �t;Xwr -fi7 , 1 (Agriculture -Conservation) subject to certain conditions of aooroval, including a grant to the City of a perpetual open soace easement on a portion of said pronarty, and NEMAZil, the Owner is willing to grant the perpetual coon specs easement on said 10 acres as a part of the annexation aporovalr and wBSRLAB, the Owner has ■uPPlied City with a title Company Preliminary Title Report listing all trust dead beneficiaries and mortgagees, if any, under prior recorded dead■ of trust and mortgages on the subject property. ROr, TMUMrORS, is consideration of the premises and in com- pliaaee with Chapter S.! of Part 1 of Division 1 of Title S of the Oovernsrnt rods of the State of California comwTnciog with Section 51030, and in further consideration of tl:e mutual promises, cove- nants and the conditions herein contained and the ■uhstantial ouo,lic benefits to be derived therefrom,the Parties hereunto aqr" , as follows, 1. owner hereby grants to city an open soace easement in and to the property described in rxhihit '8', said grant of open space "assent conveying to City an estate and interest in said real property of the nature and character and to the extent hereinafter expressed end resulting from the restrictions hershv imposed upon the use of said property by owner_ To that end, and for the ourpose Of aeoo lishing the intent of the parties hereto. Owner covenants :•t.:•:.• on behalf of himself, his heirs, ■uccessors, and assigns with the -_- avxuuos .,a ARI —VOL ,��4�PAGE 260 a Li .: ..:dill:' • =" r;i :. : -;: _. _... e{,.��� N4!171i: �aky j° r t({i'� I !.jt: ']ihjljl i!]Cfj'E'E: c• :ja iy:4::.NT4� '' •fN ►i K. 4�r. [. L i!- f'f d f,1 iii!.!!(; (; I N .. \ .. . Pecorder's Memo: °oor P,acord -'s Due To r b ! Document , i , f Yi.almm�aalN I !C.'sarP.*MeeM :�h' �t;Xwr -fi7 , 1 (Agriculture -Conservation) subject to certain conditions of aooroval, including a grant to the City of a perpetual open soace easement on a portion of said pronarty, and NEMAZil, the Owner is willing to grant the perpetual coon specs easement on said 10 acres as a part of the annexation aporovalr and wBSRLAB, the Owner has ■uPPlied City with a title Company Preliminary Title Report listing all trust dead beneficiaries and mortgagees, if any, under prior recorded dead■ of trust and mortgages on the subject property. ROr, TMUMrORS, is consideration of the premises and in com- pliaaee with Chapter S.! of Part 1 of Division 1 of Title S of the Oovernsrnt rods of the State of California comwTnciog with Section 51030, and in further consideration of tl:e mutual promises, cove- nants and the conditions herein contained and the ■uhstantial ouo,lic benefits to be derived therefrom,the Parties hereunto aqr" , as follows, 1. owner hereby grants to city an open soace easement in and to the property described in rxhihit '8', said grant of open space "assent conveying to City an estate and interest in said real property of the nature and character and to the extent hereinafter expressed end resulting from the restrictions hershv imposed upon the use of said property by owner_ To that end, and for the ourpose Of aeoo lishing the intent of the parties hereto. Owner covenants :•t.:•:.• on behalf of himself, his heirs, ■uccessors, and assigns with the -_- avxuuos .,a ARI —VOL ,��4�PAGE 260 a Li .: ..:dill:' • =" r;i :. : -;: _. _... Pecorder's Memo: °oor P,acord -'s Due To r b ! Document , i .......... WKZRrl�l, the Owner of amid property suhmitted a development v w r plan for said 21s acres as required by City annasatlon oollcy, and •'7 left t WMtREAS, the Cit y approved said development plan h y prazonin g the 11+ acre developamnt area "R -1 Planned Develooment' and AC-In , f Yi.almm�aalN I !C.'sarP.*MeeM :�h' �t;Xwr -fi7 , 1 (Agriculture -Conservation) subject to certain conditions of aooroval, including a grant to the City of a perpetual open soace easement on a portion of said pronarty, and NEMAZil, the Owner is willing to grant the perpetual coon specs easement on said 10 acres as a part of the annexation aporovalr and wBSRLAB, the Owner has ■uPPlied City with a title Company Preliminary Title Report listing all trust dead beneficiaries and mortgagees, if any, under prior recorded dead■ of trust and mortgages on the subject property. ROr, TMUMrORS, is consideration of the premises and in com- pliaaee with Chapter S.! of Part 1 of Division 1 of Title S of the Oovernsrnt rods of the State of California comwTnciog with Section 51030, and in further consideration of tl:e mutual promises, cove- nants and the conditions herein contained and the ■uhstantial ouo,lic benefits to be derived therefrom,the Parties hereunto aqr" , as follows, 1. owner hereby grants to city an open soace easement in and to the property described in rxhihit '8', said grant of open space "assent conveying to City an estate and interest in said real property of the nature and character and to the extent hereinafter expressed end resulting from the restrictions hershv imposed upon the use of said property by owner_ To that end, and for the ourpose Of aeoo lishing the intent of the parties hereto. Owner covenants :•t.:•:.• on behalf of himself, his heirs, ■uccessors, and assigns with the -_- avxuuos .,a ARI —VOL ,��4�PAGE 260 a Li .: ..:dill:' • =" r;i :. : -;: _. _... • � :'L`'7td�Ytea1 lfl� . -'jYt1Eifltii1l !?t� {ti's • .t Illiltl::. ' ecor er s emo. Poor Record is Due To ,-QuF^ '`; of OriginalDocument City, Its successors and assigns to do and refrain from doing severally and collectively upon Owner's property the various acts hereinafter mentioned. 2. The restrictions hereby imposed upon the use of said property by Owner and the acts which Owner shall refrain from doing upon the said property in connection herewith are, and shall he, as followsl I.A No structures will be placed or erected upon said pr+mises except appurtenances for agricultural uses consistent with the open space character and Intent of this document. 2.0• No advertising of any kind or nature shall he located on or within said premises. I.C. Owner shall not Plant nor permit to be Planted any vegetation upon said Premises except as may he associated with erosion control or agricultural uses consistent with the orovislons of this agreement. Permitted uses shall include but not he limited to grating and related activities or other agriceltwnal uses perwitted by the City Council. Z.D. Except for the construction, altwratlon, relocation and maintenance of public roads and utilities easements, the general typography of the landscape shall be maintained In its Present con- dition and no topographic changes shall be made. 2.E- No "a of sold described prewiaes which will or does matmrlally alter the landscape or other attractive sonic futures or said premises other than those &hove specified shall be done or suffered. 2.P, emu shall not cut timber, trees or other natural growth, except an suy be approved by the City Coseunity Development -3- ` � . ,,.. �. - - .� . �'- - -• - - - - - -. -_ VOL � 662 , - IJ ••►•r --• . �iiiifltsu t.'..- vo -2945 PAGE 261 _ i- j(t{�{�,ttiR!!=.�. !t i Gt ,•: i•!la anll ktW �l .ai�!',;Y� i4.� y.....� ) -•.. .;t:..,. 47� 1!:?t gliy �: j: ?•li t : :a " -•. :: ; :; N:..• :•: w: rt :; :i :4 :{. :?i!ayy -. .... •.:.•. :)h)w.�i!!i { :�S Ei`'�i: 1 p• " : :i' :;i '1' n :1 :;. iii[:IC ?ii ia': iiii:.ai{ :.i,,l! ::IUti,i{ti'f(qq)M fib. tar 'j: r isll��• :'H'. �i! % :• Foil• :. :1 : :;j,'�t A �..)., t� ' :• :Y. :v) : : :;:-- :.;G;yti•' :.: • • .t..: )t [:. ,;: %::••: �_ : • --- - -'-- - - - Jr _ I. i - - - - - ..+,L:�,�.!•.i.i��',` ^mot{ . __ - -� - - - - I j .. , . iai )ai !r{t3rtr ieirx l R d M • � :'L`'7td�Ytea1 lfl� . -'jYt1Eifltii1l !?t� {ti's • .t Illiltl::. ' ecor er s emo. Poor Record is Due To ,-QuF^ '`; of OriginalDocument City, Its successors and assigns to do and refrain from doing severally and collectively upon Owner's property the various acts hereinafter mentioned. 2. The restrictions hereby imposed upon the use of said property by Owner and the acts which Owner shall refrain from doing upon the said property in connection herewith are, and shall he, as followsl I.A No structures will be placed or erected upon said pr+mises except appurtenances for agricultural uses consistent with the open space character and Intent of this document. 2.0• No advertising of any kind or nature shall he located on or within said premises. I.C. Owner shall not Plant nor permit to be Planted any vegetation upon said Premises except as may he associated with erosion control or agricultural uses consistent with the orovislons of this agreement. Permitted uses shall include but not he limited to grating and related activities or other agriceltwnal uses perwitted by the City Council. Z.D. Except for the construction, altwratlon, relocation and maintenance of public roads and utilities easements, the general typography of the landscape shall be maintained In its Present con- dition and no topographic changes shall be made. 2.E- No "a of sold described prewiaes which will or does matmrlally alter the landscape or other attractive sonic futures or said premises other than those &hove specified shall be done or suffered. 2.P, emu shall not cut timber, trees or other natural growth, except an suy be approved by the City Coseunity Development -3- ` � . ,,.. �. - - .� . �'- - -• - - - - - -. -_ VOL � 662 , - IJ ••►•r --• . �iiiifltsu t.'..- vo -2945 PAGE 261 _ t i : l-: F�: ::ii:'•t!!ii;:�il!!�i��!`�j::�: I:L NlilijiVii�!il�Ytt -:1 wY�.�Lrr• 1 k!# i!?ILt! aHi»iti kt' i!!h'A!: jY 4 .tf t!ij�'ir�W!. }:yi!•y�: .V, 7 _ - ,Recorder's Memo: Poor Reco:rd-is Due Tor. Q" ____7 0, Ori¢ ins- Document• 1^ Director for fire protection, or as require for thinning, elimina- tion of diseased grwth and similar protective measures. -': Z.G. Owner shall not attract natural resources from said f 2- :�_�ytrtj�fjtt�t Y.t�lili±rj�{ji E r : 1 premises except for development of water rights. S.H. No lot split shall be permitted. 1. The following property rights in said Prooerty are here %v excepted from this grant and are reserved to Owners 1.A_ The right to "a and occupy said land shall be limited to grazing and related activities or other agricultural uses as approved hy. the City. Ib vegetation other than that necessary for erosion control or permitted for agricultural usws may lee planted. 1.0. The right to maintain all existing Private roads, ?•ridges, trails and structures upon said land, and the right to develop and maintain public and private water sources and systems, 6. Land uses permitted, or reserved by this instrument shall he subject to the ordinance■ of City regulating the use of land. S. This easesent shall remain is effect in veroetuity. 6, notwithstanding any provisions herein, this grant of an open space easement shall is no way "strict the construction of, nor the right or the Owner to permit construction of, public service facilities installed, or to be installed, for the benefit of the land which is the subject of this grant, provided such facilities are installed, or to be installed, pursuant to an authorization of the City Council. 7• This grant say not he abandoned by Clty esceot Pursuant to all of the orovisions of Section Slasl of the Gevermmsnt Code of the State of California. 6. This grant of Poen space easement, as specified in Section 51066 of the Government Code of the State of California, upon ex- ecution and acceptance in accordance with Chapter 6.S of Part 1 of X12105 663 I ::'VOL 295 -PAGE 2 s2 '1p0ili:ia •!tH it 1}(!�1:N7 er.�smea.me�wamrAme is n' ' '' . j ;'!1.:14:'' •.. :;liti :tt! 1 ; f 6W I• I• I i i 1 ' •: is '.. *tZ'li:i�i11%� +i 1 I, : i. ily5'if li;; Ii[�!'liil�t!(kp I`r - 1 1 1• I i i I i :�. :..7- �IYIi!IM•t,��li :� � •.,i;: :!t :fi�%ti't� :t PecoPder..s Memo: Poor R °cord is -Due To of Original Document Division 1 of Title S of the Government Cods of the State of California tesmeneLnq with Section SIOSO, shall be dewed to be an snforcLble restriction with the •caning of Art Lcle XXVIII of the Constitution of the State of California. f. The trust deed beneficiaries and mortgagee•, if any, listed oo the Preliminary Title Report referred to above• and rho" slgnsturve are affixed hereto, do hereby ""At to this grant of an open space easement and, further, do hereby subordinate their respective interests to the restrictions imposed by this grant. 10. Lad omen permitted or reserved to Owner by Ole great shall be subject to the ordinances of Cltv regulating the use of Land. 11. The terms contained herein shall he hinding on the parties hereto and their successors sad assigns. 12. Thin open space easement shall he effective upon the effective date of amn Ltion to the City of 26.7 acres (mown " the 'Foothill Annexation- depicted on Exhibit 'A'. -s- w.2105 ,si 664 _ ......... -. _ :..,....,...�... _ .:..,._:.,._:;......:..-.....-..........::. .....�..- ........- ...VQ�,�e_��� PAGE �U!1 :..' . . �s,.ee.eese,�e.swq eNmm,rlAeA,�meeeaRl I ,.:ji: is it jjiil :• •••1;�1 9 1.4 !to I if ill f I I Y f • I L; livj tjj N,djb e rls M r is Due To Recorder's Memo* Poor ReCord is Due To Qu�li`,/ of Orig gi nal, Doc'Lufment IN WITNESS WHZAZOF, the parties hereto have executed this document on the day AM year first above written. rotary, nnnnt� F/Ar L FK 4 Vk2105 m(665 VOL 2945PAGE264 I ') w 0 te: to $ ... ... Z— .'Recorder's Memo: Poor Fc,.,a-d is. Dun, To Quakty Pc:�ument ,7 VOL 2945PAGE2 1 65 ..I. . . . . . . . . . . . =nn .'C BE /_/ iroi, e �Zj,= VOL 2945PAGE2 1 65 ..I. . . . . . . . . . . . .'C iroi, e �Zj,= VOL 2945PAGE2 1 65 ..I. . . . . . . . . . . . •.1 I'�'1ii1•?{•�i K! t5<!i ��e•}ft..:= �M!Mjt'1�:i.1 �� 1 � i it Y �i�.�: i+•+.I��1::' . �•. I. . .:f •:: :.:: f.:.::•: :::::..•1•.11: '�:•: t it i i w. ' .• t l....::�17sX70lt71 �; <yE!tf R'f�iilk'.'!' :1�1rtlfii4aiifijl . I I t ' tl Recorder's Memo: ✓ Poor Record 'is. Due T . Qual off•- Original Document -- -_ . - .. . • _ .._ - - -. .. -.._ - - .- - /�5 ? � 668 r t •:.,. :: Cl::. :. •• :: i:::': is N.::li::l:.'::: :. 1.:::..•. ':1 :'.••:::::Y11:.!!:: VOL 2° 45 PAGE 26.6 i. y: ji.; i:;!!ip ?t!c'ci 1!\i :l {ia•ik;I�F1i1 iil!j'�;aQ�ld)IN ai ;•:::..1:1: 1:':p::..'SJ:'s..i.•:i-st((� : i�.1.:. • :.,.:!.,:::i.;:1iM; "{:: •:''i Ni 1•::•1.:'1 :. •1'. ._•'I:�'- I r- ;s:.; t-t l 1 11 J� .y • .. is •� :r ' • f•�tetr '•e° j Svc . �V KV'�SOr July 25. 1978 OPEN SPACE EASE11Eei I" FOOMILL ANNEtAiION A Parcel of land being a rtlon of the southeas f t 4 o t7y southeast of 1'. y Of Section it 30 S.. 8. 12 C. N.O.N., San " California described as follrao: Iuls Obispo County, it" "ning at a point on the present City Limit boundary. said point being the "orthust corner of parcel A of parcel Map CO -74-50 as recorded In Boot 17, rage 7 of Parcel Maps and running Along the 4sterly Ord wId Parcel A through the fclloring courses: boundary of 1) South 0. 34' 18• fait. 1.025.79 feet 2) North 89• So- 00• East. 377.53 feet 3) South 49. 00' 00• East. 75.00 feet dunce Inrleq said 1•esterly Ilne and running North 870 00' East. 130 feet ron or less to a point; thence North 22' 00• Pest, SIS feet more or less; then" North 46 V Limits ast, 600 feet Core or less to • point on the present 1: thence along said present City Limits boundary South ta• "•'a c 415 /m , more less. less to the true point of beglmling and con - 41nhy 10 acres .on or less. 7Recorder's Memo: ecord is Due To Original Document rt x2105 r 669 z� •. r .. .... •.•... r...r..�w w+ .• r. rr.. .n!+MMf•sTr'^'a�•l't^!ITn....Rr •.rP. ..�f,.•,...,- •..:Ya.•rY�L 2945PAcE268 t I � r I if • �:l: "Ski ' ..: •. \<:':•' I I' I I I i i i I i I Recorder's Memo: Poor Record is Due To Quality of Original Document UWL.UTIOd !JO, 3637 (1979 Soria.) A [13OUrrl(:1 OF THE COUK'IL OF THE CITY OF SLY LUIS COISPO AFPVUVZNC Ar ACRELIEYT EETYEEY THE CITY &%0 FOLIM- TRUpUM 9 COOPER REALTY, INC. FOR OPEY SPACE PASEJEHT ASSOCIATED WITH THE FOOTMItl •LY.`JPIATIOH. 4 TT RESOLVED by the Co\ocll of the Clt7 of Sao Luy Obispo u follows: SPCTIOa 1. That ur"I'a a9r*'Wo at, attached hereto sorted Eahlbl: 'A^ asd Lamrpotatad h—Lm by rafereoca, bet— the C'ty of Sea W, Oblspo and rolls- t7—haa 9 Caeper Realt7, Inc. for oP es pa u the Foothill Aaaatlaa, ey.c usoctated elth Is kee blr approved and [ha mayor la "chortled to aaecute the Same. SPCrION I. The Clq Clark Wall furalsh a copy of Sala tasolut Lon mad a copr of the oaecuted a9�reeae4t approved by It to; ram- TyyCKel A ODOM REALTY. ImC.. to tNr'Cou\ty Recorder for Ca IdlnR W to [he Caaaas1t7 bore Lopsent Departa, m mo"00 Of Coucltoan Patterson . seconded by Coaa Jtjlsan Settle Wad " the felloal �'� —• +� toll call rate: AYES: C. cllaea Dumin, Petteraoo, Settle and Mayor Sch. nj NOES: Count Lla JorEenS� 4asrRT: Home the fare9oln9 Reseluclm W passed and adopted thla ttst day of As., 19 79. "rte ATTPJf {..L.• L.O. ar t. r. ii+ +,l; -1 0