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HomeMy WebLinkAbout8818-8824i 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: i lFF �� �, �'�U"�� . c��'�' s. ���� �,�., � ��, �,� r -•` �t.c;'�x,,,.- ;. .,,�.. 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 /�,��e � ���_ �� 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 ,-��y, A� �� AI � Uv��� i 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 ;� �i��,h,� ���L� �� ��-- S` G �������, �. . _ _.. ,. ;� ;�� �. . . �� � - �� - 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: � �.. � _ S /�(�� ��`' �,��� — �o 00 —1 O\ tA A c '0 w N ° 6 � p � m• a; ?'. � � ° o• is � � s �• c �, n o 7P � o m � m o N =• O S ° O l�D m O �' (D a0 eb CL in zs S -p N 0 . cro• O 3 ao o o y O C1 p n a» N a- s w o -0 o c? FD, Was CD C d 0_'� 07 O 3 P w <o p V S II II p. o. j C a� d d y C CD a CD CD ao CD C ti V1 W b9 69 N b9 d9 y - fD ' ^y'. to N _ v S b0 = O O o ° °o o° °o °° A � 0 CD ^a N � n D R LO.. = I 3 O -CD U 'CD be y °Go S p C C o n '�`pO O CD r c o a a b W 6e be CA 601) 6e N 69 H w O C C O O G V i- l 1 tli w `J' O by ° �, CD ° ° C C C C N 0. 0 O 00 ° d Z = _ = y o CD a a a a a O O O O O N '=7 O O . 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X �G ^ d �• w 3 n °c c N a o o a aTi c = cD 0 co N 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. � ���� __ � `' ��'% f 2