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RESOLUTION NO.8824 (1 998; Series)
A RESOLUTION OF THE COUNCIL OF THE- CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION BY THE APPELLANT, KIM MARTIN; THEREBY APPROVING
THE USE PERMIT WITH A MODIFIED CONDITION NO.3 E ATING
THE PROPOSED LOFT1N A PROPOSED DETACHED BOOM
LOCATED AT 1535 CARMEL ST. (USE PERMIT A 46-98)
WHEREAS, the Planning Commission conducted a public hearing on May 27, 1998,
and on appeal, considered the applicant's request to modify Condition No. 3 of the
administrative use permit conditions approved by the Hearing Officer to allow further
development of a non- conforming lot, an addition to a non - conforming building; and a reduced
side yard setback from 8 feet to 4 feet; and
WHEREAS, the Planning Commission amended Condition No. 3 to limit the floor area ,
of the detached bedroom to 400 square feet; and
WHEREAS, Kim Martin, a neighbor of the project who lives at 1521 Carmel Street,
filed an appeal of the Planning Commission's action on June 2, 1998 because she felt that the
proposed loft in the rear detached bedroom should be eliminated, and that the new building was
both too large and too tall for its intended purpose; and
WHEREAS, William E. Tickell, the applicant, also filed an appeal of the Planning
Commission's action on June 5, 1998, because he did not want to further reduce the floor area of
the proposed detached bedroom; and
WHEREAS, the City Council conducted a public hearing on July 7, 1998, and has
considered testimony of the two appellants for their different reasons, interested parties, the
records of the Planning Commission hearings and action, and the evaluation and
recommendation of staff.
Resolution No. 8824 (1998 Series)
Page 2
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 proposed project
(A 46 -98), the appeals, staff recommendations and reports thereof, makes the following
findings:
1. The proposed addition to the main house is consistent with the intent of the Chapter 17.14
of the zoning . regulations which allows minor conforming additions to non- conforming
structures, with the recordation of a easement to maintain a minimum of 10 feet between
structures on adjoining properties..
2. The proposed addition is a logical extension of the existing house.
3. The existing house with the proposed addition and the new detached bedroom_ is in
character with the type and scale of surrounding development.
The. proposed changes to site are appropriate as further development of a non - conforming
parcel and buildings will conform with the general plan and meet zoning ordinance
requirements with the approval of this use permit.
5.. The project is exempt from environmental review under Class 1, Section 15301., Existing
Facilities, of the CEQA Guidelines.
6. The tandem parking proposed at this site can meet the criteria for tandem parking
contained in Section 17.16.060 I. of the zoning regulations as it will be for the exclusive
use of the occupants of a designated dwelling.
7. The side yard setback exception will not adversely affect the health, safety and welfare or
persons residing at the site or in the vicinity, with the recordation of the easement to
maintain a minimum of 10 feet of separation between the house and any buildings on the
adjacent property to the southeast.
8. No useful purpose would be achieved by requiring the full side yard.
9. No significant fire protection, emergency access, privacy or security impacts are likely as a
result of the side yard setback reduction.
10. The exception is of a minor nature and will not significantly affect the solar access of the
adjacent property.
11. The 10 -foot separation easement is consistent with goals of the Uniform Building Code to
protect fire safety, and the purpose of yards defined in the City's Zoning Regulations to
1
Resolution -No. 8824(1998 Series)
Page 3
maintain adequate distance between buildings on adjacent properties for aesthetic and solar
access reasons, and to create a regular pattern of building masses in neighborhoods.
SECTION 2. Appeal approval. Kim Martiri's appeal of the Planning Commission's
action is upheld, and therefore the use permit is approved, subject to the following conditions,
including a modified Condition No. 3 which eliminates the loft level in the proposed detached
bedroom:
1. Two parking spaces shall be provided to City standards to serve the house. The required
parking spaces may be developed in tandem, that is one space behind the other-.
2. The project driveway shall be developed with an all- weather surface, such as asphalt or
concrete. Alternative paving may .be utilized consistent with the City's Parking and
Driveway Standards to the approval of the Community Development Director.
3. The rear building containing the proposed detached bedroom shall fully comply with
setback standards for other yards contained in Table 3 of Section 17.16.020 of-the City's
zoning regulations. The loft level shall be eliminated from the structure containing the
detached bedroom.
4. The applicant shall submit a covenant agreement for the review and approval of the
Community Development Director acknowledging that development at the site may be
used for no more than a single one - bedroom dwelling unit with a. detached bedroom (total
of two bedrooms on site). This agreement shall be recorded in the County Clerk -
Recorder's office and shall run with the land.
5. The applicant shall obtain an easement to maintain a minimum of 10 feet of separation
between the existing main house with addition and buildings on the adjacent property to
the southeast.
6. Plans submitted for the required minor or incidental architectural review process shall
include elevations of all four sides of both buildings to a standard architect's or
engineer's scale, landscaping proposals, and proposed driveway materials.
7.
SECTION 3. Appeal denial. The appeal of the applicant, William Tickell, of the
Planning Commission's action is denied.
Resolution No. 8824 (1998 Series)
Page 4
On motion of Council Member Smith , seconded by Council Member Williams
and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, Mayor Settle
NOES: Council Member Romero
ABSENT: None
The foregoing resolution was passed and adopted this 7 day of July 199 .
Mayor Allen Settle
ATTEST:
Con n Acting City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8823 (1998 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO THIRTY -NINE AGENCIES IN THE AMOUNT OF $99,600
FOR FISCAL YEAR 1998 -99 THROUGH THE
HUMAN RELATIONS COMMISSION
WHEREAS, the City of San Luis Obispo supports non -profit agencies which provide
human and social services to the residents of the City of San Luis Obispo through its annual Grants-
In -Aid process; and
WHEREAS, funding for the Human Relations Commission Grants -In -Aid program has
been included in the 1997 -99 Financial Plan for the City of San Luis Obispo;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That agencies attached hereto and marked Attachment 1 shall be provided
funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Attachment 1, and the CAO is authorized to execute such contracts.
Roalman Willia s.
Upon motion of Council Member ; seconded by Council Member and on the
following roll call vote:
AYES: Council Members Roalman, Williams, Romero, Mayor Settle
NOES: None
ABSENT: None
Abstaining: Council Member Smith
R8823
r
8823
Resolution No. (1998 Series)
Page 2
the foregoing resolution was passed and adopted this _L day of .r, 0 y , 1998.
Mayor Allen Settle
ATTEST:
Acting City C7erk, iZCondon
APPROVED AS TO FORM:
1 Attorney, Jeffrey Jorgensen
(_'
HUMAN RELATIONS COMMISSION
199 8-99 GRANTS -IN AID RECOMMENDATIONS
AGENCY
1997 -98
1998 -99
1998 -99
AWARDED
REQUESTED
RECOMMENDED
1
AIDS SUPPORT NETWORK
$27100
$6,900
$4,000
2
ACHIEVEMENT HOUSE
$500
$590
$590
3
ALPHA
$19000
$1,800
$19000
4
AMERICAN RED CROSS
$4400
$69000
$49000
5
ARTHRITIS FOUNDATION
$1,000
$19500
$0
6
ASSISTANCE LEAGUE OF S.L.O. CO. - NEW
80
$6,000
81,500
7
BIG BROTHERSBIG SISTERS
$500
$19600
$1,600
8
CAMPFIRE
$19000
$1,000
$1,000
9
CASA SOLANA
$59000
$10,000
$5,000
10
CHMM DEVELOPMENT CENTER
$7,500
$9,000
$9,000
11
EOC CHILD CARE RESOURCE CONNECTIONS
$1,200
$3,000
$3,000
12
EOC HEALTH SERVICES - 40 WONDERFUL
$3,000
$3,000
$3,000
13
EOC SENIOR HEALTH SCREENING
$2,800
$3,000
$19000
14
EOC HEAD START DENTAL EXAM
$1,400
$29000
$1,400
15
FAMILY SERVICES CENTER
$3,500
$49500
$3,500
16
FOOD BAAW COALITION - NEW
SO
53,000
81,000
17
GRANDMOTHER'S HOUSE CHILD CNTR -NEW
8O
$5,000
81,500
18
GRASS ROOTS H INC.
$39500
$69000
$39000
19
HOSPICE
$4,200
$1000
$4,200
20
HOTLINE
$3,400
$5,000
$3,400
21
LIFESPAN SERVICE NETWORK - ADCARE
$2,000
$2,500
$2,000
22
LIFESPAN - CARING CALLERS
$450
$1,150
$1,000
23
LIFESPAN - EXTENDED CARE - NEW
80
$500
$500
24
LIFESPAN - RSVP
$500
$19000
$1,000
25
LIFESPAN - SENIOR PEER COUNSELING
$1,700
$1,750
$1,750
26
LITERACY COUNCIL - ESL
$2,000
$39500
$2,000
27
LITERACY COUNCIL - PRADO DAY CENTER
$1,200
$49000
$2,000
28
LONGTERM CARE OMBUDSMAN
$1,500
$39000
$1,500
29
MENTAL HEALTH ASSOCIATION
$1,400
$4,000
$39000
30
RAPE CRISIS CENTER OF SLO COUNTY
$59800
$5,800
$5,800
31
SALVATION ARMY
$7,000
$8,000
$79000
32
SENIOR LEGAL SERVICES
$500
$19000
$500
33
SENIOR NUTRITION PROGRAM
$1,000
$39500
$1,000
34
SLO CO. ACCESS
$29000
$39550
$500
35
SLO FRIENDS OF THE LIBRARY
$1,500
$3,000
$2,000
36
TRI COUNTIES EASTER SEALS
$19500
$39500
$1,500
37
UNITED CEREBRAL PALSEY
$500
$69000
$1,000
38
VOICES FOR CHILDREN - CASA
$29000
$6,480
$3,500
39
WOMEN'S SHELTER
$89000
$129000
$99000
40
WOOD'S HUMANE SOCIETY- NEW
SO
$5,000
0
TOTAL
$84,250
$161,220
$99,240
TOTAL AVAILABLE - $94,800
CARRYOVER REQUESTED 1 1 $49440
G:HRC /GIA7998.99REC.XL ATTACHMENT 1
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RESOLUTION NO. 8822 (1998 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING FUNDING TO THIRTY -EIGHT AGENCIES IN
THE AMOUNT OF $85,450 FOR FISCAL YEAR 1998 -99
THROUGH THE PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and
distributed Grants -in -Aid funding to community organizations which provide cultural and
tourism promoting recreational services to residents and visitors; and
WHEREAS, funding for the Grants -in -Aid program has been included in the
1997 -99 Financial Plan for the City of San Luis Obispo;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A"
shall be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified
in Exhibit "A" and the City Administrative Officer is authorized to execute such
contracts.
Upon motion of Cnrnnri 1 Manhar Romproeconded by council Member Williams
and on the following roll call vote:
AYES: Council Members Romero, Williams, Roalman, Mayor Settle
NOES: Council Member Smith
ABSENT: None
the foregoing resolution was passed and adopted this 7 day of
Allen K. Settle,
ATTEST-.
Acting City'Q&k Condon
0822
Resolution No. 8822
Page 2
APPROVED AS TO FORM:
of iey Jorgensen, City Attomey
ATTACHMENT A
PROM ,LrdONAL COORDINATING COMMITTEE
GRANT -IN -AID APPLICATIONS 1998 -99
- plus $3,500 shared between Historical Society and Mission Plaza Cultural
Coalition
Name.ofOrganization
97 -98
Recomm'd
98 -99
_e Requested._ -.
98 -99
Recomm'd
1
Arternatives
$2,900
$4,500
$2,900
2
Arthritis Foundation
$2,500
$59900
$2,800
3
Cal Poly Arts
n/a
$3,000
$1,000
4
Center point Theatre Group
$29200
$6,000
$2,000
5
Central Coast Shakespeare Festival
$1,900
$21400
$29100
6
City to Sea Mini Marathon
$2,500
$3,000
$2,000
7
Civic Ballet
$39200
$69000
$25000
8
Cuesta College Art Gallery
$2 150
$2,850
$2,450
9
Downtown Association
$39000
$99000
$2,600
10
Edna Valley Arroyo Grande Valley
Vintners
$19500
$3,500
$1,250
11
Friends of Las Casas de Adobe
n/a
$50500
$2,250
12
Friends of SLO Botanical Garden
$20000
$3,200
$2,100
13
Gilbert Reed Ballet
$2,000
$3,000
$2,000
14
Heritage Shared, Inc.
n/a
$20500
withdrawn
15
1 Madonnari
$3,000
$89650
$3,100
16
KCBX
$3,000
$4,750
$3,000
17
Mardi Gras
$45000
$100000
$49100
18
Mission Plaza Cultural Coalition
$2,500
$49400
$500*
19
Mozart Festival
$4,300
$6,050
$49500
20
Music & the Arts for Youth
$2,500
$4,250
$29500
21
Open House
n/a
$4,180
$800
22
Pacific Repertory Opera
$2,500
$6,500
$29250
23
Peninsula Players, Inc.
n/a
$69880_
$19000
24
PAC Summer Performance.
$1,500
$39200
$1,800
25
Performing Arts Center YOPAC
$1,700
$3,000
$1,900
26
San Luis Chamber Orchestra, Inc.
n/a
$29500
$1 y500
27
San Luis Obispo Art Center
$49100
$11,700
$29800
28
San Luis Obispo Blues Society
n/a
$2,000
$1,500
29
SLO Community Concert Assoc.
$2,000
$3,000
$1,850
30
San Luis Obispo-County Band
$1,500
$1,500
$19300
31
SLO County Hisorical Society
$29375
$5,150
$1,900*
32
SLO International Film Festival
$4,500
$6,000
$5,000
33
San Luis Obispo Little Theatre
$2,500
$3,900
$29100
34
San Luis Obispo Poetry Festival
$29000
$3 000
$2,000
35
San Luis Obispo Swim Club
n/a
$4,000
$2,000
36
San Luis Obispo Symphony
$3,500
$49500
$39500
37
San Luis Obispo Vocal Arts Ensemble
$39200
$39850
$2,100
38
SLO Summer Tournament
$19170
$20500
$1,000
39
SLONET
$1,050
$3,000
$1,000
TOTAL
$78,745
$178,810
$85,950
- plus $3,500 shared between Historical Society and Mission Plaza Cultural
Coalition
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RESOLUTION NO. 8821 (1998 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service provided
by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that
owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once
each year, the franchisee may take actions to collect fees from the owners of developed properties
involved in delinquent solid waste collection and disposal accounts; and
WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within
the Municipal Code to collect fees from delinquent accounts as certified by franchisee and
incorporated herein..
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby
authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts
as established and certified by the franchisee San Luis Garbage Company as liens against the
developed properties listed below.
PROPERTY OWNER
PARCEL NUMBER
AMOUNT
Gary Cully
053- 245 -001
$214.00
Scott Prentis
052- 123 -012
$215.00
Debra Collins
003- 736 -001
$141.00
William Tickell
003- 612 -013
$74.00
Reuben Rodriguez
004- 733 -016
$215.00
Ronald/Maria Graham
004- 912 -036
$246.00
William Clark
001- 0134002
$257.00
Phillip C. Peterson
003 -531 -006
$182.00
Grace Hawkes
052- 433 -002
$300.00
Lendale Williams
003- 737 -015
$380.00
Lonnie Mares
052- 293 -006
$374.00
Skene Moody
003- 687 -071
$257.00
R8821
8821
Resolution - Liens on Delinquent Solid Waste Accounts
Page 2
Williams Romero
Upon motion of Council Mbr. seconded by Council Mbr. and on the following
roll call vote:
AYES: Council Members Williams, Romero, Roalman, Smith, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7 day of July 1998
ATTEST`:
Acting City leek Condon
APPROVED AS TO FORM:
r ity Attorney
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- EXHIBIT E
RESOLUTION NO. 8820 ( 1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REVISED PROGRAM BUDGET FOR THE USE OF STATE HIGHWAY
ACCOUNT (SHA) FUNDS, THE SUMBITTAL OF A GRANT APPLICATION FOR THE USE
OF FEDERAL TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) FUNDS,
AND RESCINDING RESOLUTION NO. 8731(1997 Series)
WHEREAS, on October 7, 1997 the City Council adopted Resolution No. 8731 (1997 Series) that
approved a program budget for the use of State Highway Account (SHA) Funds and authorized the
submittal of pertinent materials to the San Luis Obispo Council of Governments ( SLOCOG) for
consideration; and
WHEREAS, in May 1998 Congress passed the requisite legislation that enables SLOCOG to
consider the City's October 7, 1997 program budget proposal and the legislation now awaits the
President's signature; and
WHEREAS, SLOCOG has established June 26, 1998 as a new deadline for submitting any
revisions to previous submittals including proposals to use $2.8 million of Federal Transportation
Enhancement Activity (TEA) funding; and
WHEREAS, the City Council has reevaluated its prior actions, has revised its previous proposal,
and has included a proposal to use TEA funds to pay for the rehabilitation of the historic Railroad Freight
Building and acquire nearby surplus railroad right -of -way; and
WHEREAS, it is the intent of the City that if funding is provided, the projects identified on the
attached revised program budget (Exhibit "A ") will be carried out during the six -year time frame of the
SHA and TEA funding programs; and
WHEREAS, the City Council has found that the proposed projects will provide significant benefits
to both local and regional travel within the San Luis Obispo area.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo
hereby:
SECTION 1: Approves the proposed revised program budget presented on Exhibit A, attached
and incorporated herein by reference, and authorizes the CAO to submit
applications for funding to SLOCOG for the listed projects.
SECTION 2: Authorizes the CAO to submit a grant application to SLOCOG and for the use
$535,040 of Federal Transportation Enhancement Activity (TEA) funds to
rehabilitate the historic Railroad Freight Building. This grant application shall
include a request to use $72,960 of State Proposition 116 funds to provide the
funding match required by the TEA program.
R -8820
Resolution No. 88200998 Series)
Page 2
41\
SECTION 3: Authorizes the CAO to execute Cooperative Funding Agreements with the San
Luis Obispo Council of Governments (SLOCOG) consistent with the revised
program budget and TEA Grant application.
SECTION 4: Rescinds Resolution No. 8731 (1997 Series).
Upon motion of Council Member Williams. ,seconded by _Council Member Romero, and on
the following roll call vote:
AYES: Council Members Williams, Romero, Roalman and Mayor Settle
NOES: None
ABSENT: Council Member Smith
the foregoing resolution was adopted this 16 th day of June ,1997.
Mayor Allen K. Settle
ATTEST:
City Clerk nni Gad
APPROVED:
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RESOLUTION NO. 8819 (1998 Series)
I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AMENDMENTS TO THE 1997 -99 FINANCIAL PLAN AND
APPROPRIATING FUNDS FOR FISCAL YEAR 1998 -99
WHEREAS., the Council adopted the 1997 -99 Financial Plan on June 17, 1997 which
established comprehensive financial and policy guidelines for fiscal years 1997 -98 and 1998 -99;
and
WHEREAS, the 1997 -99 Financial Plan included appropriations for fiscal year 1998 -99;
and
WHEREAS, the Council has reviewed proposed changes to the 1997 -99 Financial Plan to
be effective for fiscal year 1998 -99 after holding noticed public hearings and budget workshops;
and
WHEREAS, the City Administrative Officer has submitted the 1997 -99 Financial Plan
Supplement and Preliminary 1998 -99 Budget to the Council for their review and consideration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the budget for fiscal year 1998 -99 in the amount of $54,509,700..
Upon motion of _ Williams seconded by
Roalman , and on the following roll call vote:
AYES: Council Members Williams, Roalman and Mayor Settle
NOES: Council Member Romero
ABSENT: Council Member Smith
the foregoing resolution was adopted this day of June, 1998.
Mayor Adieu Settle
ATTEST:
Ci Clerk Bon 2 Xe LAawfll
APPROVED AS TO FORM:
/
R_RR10
c
ti 1
RESOLUTION NO. 8818 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING THE APPEALS AND UPHOLDING THE ACTIONS OF THE
ARCHITECTURAL REVIEW COMMISSION AND PLANNING COMMISSION TO
APPROVE A REQUEST FORA NEW /USED CAR DEALERSHIP AND SERVICE
CENTER AT 2959 BROAD STREET (CITY FILE NOS. ARC, A. ER 176 -97)
WHEREAS, the applicant submitted plans for architectural review, environmental
review and use permit approval for a new /used car dealership and service center at the above
address and
WHEREAS, the Architectural Review Commission reviewed the project design at its
March 2, 1998 meeting and granted final approval of the project subject to 22 conditions of
approval; and
WHEREAS, on March 11, 1998, two neighbors appealed the Architectural Review
Commission's action to the City Council; and
WHEREAS, on March 6, 1998, the Hearing Officer granted approval of the Use Permit
subject to 18 conditions of approval; and
WHEREAS, on March 12 and 16, 1998, the applicant, the property owner's
representative and two neighbors appealed the Hearing Officer's action to the Planning
Commission; and
WHEREAS, on April 22 and May 13, 1998, the Planning Commission heard the appeals
and on May 13, 1998 voted to uphold the Hearing Officer's decision to approve the car
dealership and service center subject to 19 conditions of approval; and
WHEREAS, on May 26, 1998, two neighbors appealed the Planning Commission's
action to the City Council; and
WHEREAS, on June 16, 1998, the City Council conducted a duly noticed public hearing
to consider testimony of the appellants and other interested parties; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Hearing Officer and Planning
Commission.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that, the project's Negative
Declaration adequately addresses potential significant environmental impacts of the proposed
project , and reflects the independent judgement of the City Council. The Council hereby adopts
said Negative Declaration and incorporates the following mitigation measures into the project:
R -8818
8818
Resolution No. (1998 Series)
Page 2
Mitigation Prior to issuance of a building permit, the applicant shall submit
Measure: a listing of all proposed stationary noise sources, their generated
noise levels and proposed mitigation measures to comply with
city standards.
Monitoring Compliance shall be reviewed and monitored during the
Program: building permit plan check.
Mitigation Consistent with Municipal Code Section 15.04.040 X. (Sec.
Measure: 3307.2), all graded surfaces shall be wetted, protected or
contained in such a manner as to prevent dust or spill upon an y
adjoining property or street. The following measures shall
constitute the project's dust management plan and shall remain
in effect during all phases of project construction:
a. Regular wetting of roads and graded areas (at least twice
daily with complete coverage of all active areas);
b. Increasing frequency of watering whenever winds exceed
15 mph;
c. Cessation of grading activities during periods of winds
over 25 mph;
d. Direct application of water on material being excavated
and/or transported onsite or off -site;
e. Watering material stockpiles;
f. Periodic wash- downs, or mechanical street sweeping, of
streets in the vicinity of the site; and
g. Non - potable water is to be used in all construction and
dust control work.
Monitoring Compliance shall be monitored by the Community
Program: Development Department during project construction.
Mitigation Prior to the issuance of a building permit, the property owner
Measure: shall grant an avigation easement to the County of San Luis
Obispo via an avigation easement document prepared by the
County. The applicant shall provide the Community
Development Department with a copy of the easement for
documentation purposes.
Monitoring Compliance shall be reviewed during the building permit plan
Program: check process.
Mitigation A two or three -stage clarifier with covered drain shall be
Resolution N&811998 Series)
Page 3
M_ easure: installed in conjunction with the service center to filter
wash/rinse water and runoff before .it enters the City's sewer
system.
Monitorins Installation of the clarifier shall be reviewed and monitored
Program: during the architectural review and building permit plan check.
SECTION 2. Findings. That this Council, after consideration of the applicant's request,
the Architectural Review Commission, Hearing Officer and Planning Commission actions, the
appellant's statements, staff recommendations, public testimony, and reports thereof, makes the
following findings:
1. The proposed used/new car dealership and service center will not adversely affect the
health, safety or welfare of persons living or working at the site or in the vicinity because
mitigation measures have been incorporated into the project design to adequately address
possible site impacts from project noise, traffic, circulation, lighting, construction,
drainage and proximity to the airport.
2. The proposed used/new car dealership and service center is appropriate at this location on
Broad Street and with the required mitigation measures will be compatible with
surrounding land uses which are service commercial and multi- family residential.
3. The proposed use conforms with the general plan and meets zoning ordinance
requirements with approval of this use permit to establish the use.
4. Mitigation measures provided in Mitigated Negative Declaration ER 176 -97 adequately
address environmental issues associated with a used/new car dealership and service center
at this location.
SECTION 3. Denial. The appeals of the Architectural Review Commission and
Planning Commission actions are hereby denied, and the actions of the Architectural Review
Commission and the Planning Commission are upheld subject to the conditions of approval as
described by attached Exhibit A.
Upon motion of Romero , seconded by Williams
and on the following roll call vote:
AYES: Council Members Romero, Williams and Mayor Settle
NOES: Council Member Roalman
ABSENT: Council Member Smith
Resolution No 88 tT998 Series)
Page 4
the foregoing resolution was adopted this (,,h day of Tyne , 1998.
//
Mayor Allen Settle v
ATTEST:
n
i
APPROVED AS TO FORM:
EXHIBIT A
Planning Commission Conditions of Approval
(Noise)
1. Car sales shall be limited to the hours of 7:30 a.m. to 8:00 p.m. daily. All other uses
including service, delivery; and site maintenance shall be limited to the hours of 7:30
a.m. to 7:00 p.m. Monday through Friday and 8:00 am. to 5 p.m. Saturday.
2. A sign shall be posted at the loading area limiting the hours of delivery and notifying
drivers that truck engines must be turned off when parked. The signs shall be installed to
the satisfaction of the Community Development Director.
3. All stationary and portable electric _motor or engine powered air compressors shall. be
possible. -
building.
4. Pfier- te the issuenee c.
..:ia: a :« the .,« shall submit nose am4ysis
pli
s
-
5. The use of exterior loud speakers, telephone bells, music and similar devices shall be
prohibited.
6. A 6 foot high wooden fence shall be located along the northerly mmerty line to visually
screen the:site from the adjoining.residential use.
taFa ,e and fld pAy) the .. fl along the ,..«overt, pr-epeFty abu#ing
e
(Dust)
7, All graded surfaces shall be wetted, protected or contained in such a manner as to prevent
dust or spill onto any adjoining property or street. The following measures shall
constitute the project's dust.management plan and shall remain in effect during_ all phases
of project construction:
a. Regular wetting of roads and graded areas_ (at least twice daily with complete
coverage of all active areas);
b. Increasing frequency of watering whenever winds exceed 15 mph;
c. Cessation of grading activities during periods of winds over 25 mph;
C�
1�
d. Direct application of water on material being excavated and/or transported onsite or
off -site;
e. Watering material stockpiles;
f Periodic wash- downs, or mechanical street sweeping of streets in the vicinity of the
site; and
g. Non - potable water is to be used in all construction and dust control work.
(Traffic /Circulation)
8.. A sign shall be located at the Sweeney Street driveway requiring vehicles to turn left
toward Broad Street. A notice shall be hosted within the ernnlovee area noting the
9. Unloading of vehicles shall occur on site and not within the travel lanes of Broad and
Sweeney Streets. Additionally, the transport carriers shall not utilize streets in the
adjacent residential area (ie. Rockview) for circulation purposes.
10. Transport carriers shall be prohibited from loading/unloading in the on -street parking
spaces on Sweeney Street.
(Airport Impacts)
1.1 Prior to the issuance of a building permit, the property owner shall grant an avigation,
easement to the County of San Luis Obispo via an avigation easement document rp eyared
by the.applicant and submitted to the County for approval and recordation. The applicant
shall provide the Community Development Department with a copy of the easement for
documentation purposes. Note: The process of granting an avieation easement takes
approximately one month, therefore it is recommended that applicants Qursue _ this
requirement as soon as possible.
(Drainage)
12: A two or three -stage clarifier with covered drain shall be installed in conjunction with the
automotive use (both sales and service) to filter wash/rinse water and runoff before it
enters City systems.
(Orr -site Parking)
13. No on -site parking reductions shall be granted for shared or mixed use parking. Parking
areas for employees and customers for each business shall be distinguished and clearly
marked. Three additional on -site parking spaces (beyond what is normally required by
the Zoning Regulations) to minimize on -street parking impacts.
(Light/Glare)
14. Lighting shall be directed downward and not spill onto adjoining properties. Light
standards shall not exceed 20 feet in height. Lighting levels shall not. exceed 50
footcandles directly under the poles at ground level. After business hours, the lighting
levels in the display area shall be reduced to 10 footcandles.
15. Sign illumination shall not exceed 10 candlepower at a distance of 10 feet from the sign.
Signs shall not be illuminated after 10 p.m.
(Visual Screening)
16. Prior to the issuance of a building permit, the applicant shall submit plans which indicate
the location of any mechanical equipment and the method used to screen this equipment.
If installed on a rooftop, the equipment shall be screened by a parapet or other
architectural compatible screening.
17. The landscape area located along the northerly property line (adjacent to residential
development) and the northern and southern 100 feet of the westerly property line shall
be planted with a mixture of 1 and 5 gallon shrubs and 15 gage as '-oem and 15
Qallon trees that at maturity will provide a minimum 20 foot tall landscape screen
between the site and neighboring residential development.
18. Perimeter fencing design which visually screens storage areas from view off -site shall be
submitted to City staff for review and approval.
19.
sssentpenied m4th site
spesifts lesatien design, liseZse
aid a
sekrses
;.
19. Sufficient space shall be provided in the trash enclosure area for recycling materials to the
satisfaction of the Community Development Director.
Architectural Review Commission Conditions of Approval
1. Obtain administrative use permit approval. The ARC would like to see the following
neighborhood issues addressed: parking, deliveries, traffic, lighting and noise.
2. Prior to the issuance of a building permit, the applicant shall submit a .listing of all proposed
stationary noise sources, their generated noise levels and proposed mitigation measures to
comply with city standards. Additionally, noise generated from on site uses shall be directed
away from neighboring residential uses.
3. Site lighting shall be submitted to City staff for review and approval. Lighting shall be directed
downward and not spill onto adjoining properties. Light standards shall not exceed 20 feet in
height.. Lighting levels shall not exceed 50 footcandles directly under the poles at ground level.
After business hours, the lighting levels shall be reduced to 10 footcandles.
4. The project shall include bicycle parking as required by the Bicycle TransportationPlan.
5. The project shall include an outdoor employee rest area.
6. The use of exterior loud speakers, telephone bells, music and similar devices shall be
prohibited.
7. The trash enclosure shall be fully enclosed and large enough to accommodate recyclable
materials.
8. The applicant shall install a two or three -stage clarifier with covered drain to filter runoffwater.
9. Street trees shall be planted per City standards (1 per 35 linear feet of street frontage).
10. Signage shall return to staff for approval. As required by the sign regulations, signs shall not be
illuminated after 10:00 p.m. Sign illumination shall not exceed 10 candlepower at a distance of
10 feet from the sign.
11. A second monument sign has been approved for a second tenant. In the event only one tenant
occupies the site, only one monument sign shall be permitted.
12. A landscape plan shall be submitted to staff for review and approval. The plan shall comply
with the City's parking and driveway standards by providing additional landscape on the
perimeter and movable parking lot planters.
13. The perimeter fencing design shall be submitted to City staff for review and approval. The type
of material shall be approved as part of the, administrative use permit process. If a solid 6' high
masonry wall is required, the wall shall have a cap and be architecturally altered at least every
fifty feet with a post or other architectural element.
14. In order to provide the required parking for P.I.E., gates on the P.I.E. side of the building are
required to remain open during business hours.
15. The applicant shall identify the proposed locations for on -site and off -site (Broad Street)
loading/unloadingof vehicles from transport carriers. The applicant shall include truck turning
templates for the design vehicles. On -site areas where the carriers will travel shall be kept clear
of stored vehicles and provide adequate driveway widths.
16. No unloading of vehicles shall occur within the travel lanes of Broad or Sweeney Streets:
Additionally, the transport carriers shall not utilize streets in the adjacent residential area (ie.
Rockview) for circulation purposes.
17. Transport carriers shall be prohibited from lo_ ading/unloading in the on -street parking spaces on
Sweeney Street.
18. A van accessible parking stall with an 8 foot unloading zone is required for the parking facility
serving the Saturn dealership side of the building.
19. Future conversion of P.I.E. building warehouse to service bays will require installation of a fire
sprinkler system throughoutthe building.
20. The future service center building shall comply with all City development regulations including
setback, building height and parking requirements in place at the time Community
Development Department approvals are requested.
21. Final colors shall return to staff for review and approval. The proposed red roof shall not be
permitted.
22. Palm trees along Broad Street shall be deleted and the applicant shall select trees from the
City's approved list of street trees.
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