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HomeMy WebLinkAbout9800-9805C O RESOLUTION NO. 9805 (2006 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 2006, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER AND ADOPTING REGULATIONS FOR CANDIDATES' STATEMENTS WHEREAS, under the provisions of the Charter, a General Municipal Election shall be held on Tuesday, November 7, 2006, for the election of Municipal Officers. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does declare, determine and order as follows: SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election shall be held Tuesday, November 7, 2006, for the purpose of electing a Mayor for the full term of two years and two Council Members for the full term of four years each. SECTION 2. Pursuant to Election Code Section 13307 and Municipal Code Section 2.40.090(A)(7), each candidate may submit with the nomination papers a Statement of Qualifications of the candidate of no more than 200 words, which statement will be printed and mailed out with the sample ballot. SECTION 3. The candidate shall be required to pay for the cost of printing the candidate's statement in the voters' pamphlet. The City Clerk shall estimate the total cost of printing, handling, and mailing the candidates' statements filed pursuant to this section, and require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of his or her statement in the voters' pamphlet. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for any additional actual expense or refund any excess amount paid depending on the final actual -cost. Said amount will include the cost for the translation and printing in the voters' pamphlet the statement in Spanish, if requested by the candidate. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days following notification by the Registrar of Voters office of the exact cost. The City Clerk will, however, at no extra cost, make copies available in the City Clerk's office of a Spanish translation of the candidates' statements upon request. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. Resolution No. 9805 (2004 Series) Page 2 SECTION 5. That the polls shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution. Upon motion of Council Member Brown seconded by Council Member Mulholland, and on the following roll call vote:. AYES: Council Members Brown, Ewan and Mulholland, and Vice Mayor Settle NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 20th day of June 2006. Vic--e Mayor Allen ettle ATTEST: � du-o k" Audrey oper City C1 APPROVED AS TO FORM: Jona\ba . Lowell City Attorney wj- Cz - n 0 0 o RESOLUTION NO. 9804 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REVISING THE DOWNTOWN ASSOCIATION'S THURSDAY NIGHT PROMOTIONS RULES, REGULATIONS AND FEES WHEREAS, The San Luis Obispo Downtown Association conducts a weekly promotional event, Thursday Night Promotions (TNP), also commonly referred to as Farmers' Market; and WHEREAS, The TNP event is a financially self - sustaining, safe and fun family- oriented activity; and WHEREAS, the SLO Downtown Association Thursday Night Promotion Committee conducted a biannual review of its program; and WHEREAS, the TNP Committee determined the program had unfulfilled potential and needed service upgrades; and WHEREAS, the TNP Committee submitted to the Board of Directors revisions to the Rules, Regulations and Fees to accomplish the goals of the program and maintain the event's viability; and WHEREAS, the Board of Directors approved the recommendations submitted by the TNP committee; and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby approves the amended Rules, Regulations and Fees as submitted by the SLO Downtown Association Board of Directors, a copy of said Rules, Regulations, and Fees are attached and incorporated herein. Upon motion of Council Member Mulholland, seconded by Council Member Ewan and on the following vote: AYES: Council Member Ewan and Mulholland and Vice Mayor Settle NOES: None ABSENT: Mayor Romero RECUSED: Council Member Brown The foregoing resolution was adopted this 20`h day of June 2006. C Resolution No. 9804 (2006 Series) Page 2 ATTEST: Audrey per City Cl APPROVED AS TO FORM: Jo P. Lowell City Attorney (�D Vice Mayor Allen Settle C V. To Thursday Night Promotions Participants: Welcome to Thursday Night Promotions (TNP) also commonly referred to as the "World Famous" Farmers' Market. The San Luis Obispo Downtown Association.is proud of the growth and popularity of TNP, one of the most successful promotions in Downtown SLO and emulated by communities everywhere.. TNP has earned a reputation as a well- rounded event featuring a Certified Farmers' Market, food vendors, merchant and community displays, as well as great entertainment bringing national visibility to both the Central Coast and Downtown San Luis Obispo. Thank you for your interest in participating in this event. This booklet contains the rules and regulations that apply to ail participants. It is the responsibility of all participants to familiarize themselves with and adhere to these requirements during TNP. The TNP Committee, which governs this weekly event, has developed these rules and regulations to assist you in planning your TNP activity. Because of the many participants and thousands of visitors who attend, it is important that the Rules and Regulations as set forth below be strictly observed. A Promotions Coordinator serves on the Downtown Association staff to assist you with your TNP plans and logistics.. Please contact the Promotions Coordinator (541- .0286) if you have any questions. Thursday night in Downtown San Luis Obispo is a special experience for people of all ages - residents, tourists and participants alike.. Your cooperation in helping maintain the family and community- oriented atmosphere so essential to TNP's continued success is greatly appreciated. Board of Directors Thursday Night Promotions Committee SLO Downtown Association The Downtown Association Office is located at 1108 Garden St., Ste. 210 (805)541 -0286 www.downtownslo.com 1. PURPOSE, GOALS, and STRUCTURE A. The purpose of TNP is to promote business in the Downtown core. TNP is organized by, administered by and paid for by the Downtown Association. The Downtown Association is an advisory body to the San Luis Obispo City Council and is created_ and operated under state and local laws. The Downtown Association administers TNP in order to: * create a positive image of Downtown San Luis Obispo PQ N * expose community members to retail stores and services offered Downtown * generate foot traffic on Thursday nights * provide a forum for community activities * maintain the Downtown as the center of retail, social, and civic activities * enhance the community as a whole. All activities must be consistent with these goals. B.. The Downtown Association Board of Directors urges members to participate in TNP, both to enhance the event and to benefit their own businesses. C. It is the goal of the Downtown Association to schedule activities on Thursday nights that promote a wholesome, family atmosphere. Events should appeal to all ages, and provide a consumer mix that reaches all aspects of the marketplace. Downtown Association members should politely report infractions of any rules to the Promotions Coordinator. D. All activities are under the auspices of the TNP Committee (Committee) which reviews applications, plans events and promotions, and enforces all rules and regulations.. The TNP Committee meets every 2nd and 4th Wednesday of each month or as directed by the Committee Chair., These rules and regulations maybe revised at the discretion of the Downtown Association Board_ of Directors and upon - approval of the San Luis Obispo City Council. 2. DEFINITIONS The following definitions refer to commonly used terms throughout the Rules and Regulations and serve to clarify the meaning of key terms. TNP - an abbreviation for Thursday Night Promotions. Sometimes referred to as "Farmers' Market," TNP includes the presence of the SLO County Farmers' Market Association, Inc.,.a separate entity. RETAIL BUSINESS - a retail business. that occupies an approved retail space within the boundaries of the Downtown Association district. Retail businesses must operate during normal business hours on a year -round basis. Retail businesses must have a Business - Tax Certificate in the City of San Luis Obispo. Vending machines, newspa per/ magazine racks, P.O. boxes, snack boxes, and other similar businesses that primarily involve machines or do not encompass personal contact are excluded from this definition and are not eligible to participate. DOWNTOWN ASSOCIATION MEMBER - A Downtown Association member is a business within the legally recognized and formally delineated Downtown Association boundaries which pays a double business license tax; OR is a business within the boundaries which is exempted by state or federal mandate from paying a business license 2 tax but which makes a voluntary contribution to the organization (voluntary member). A map of Downtown Association boundaries is included in this booklet. NON MEMBER - A non member is a business that is not located within the Downtown Association boundaries but has a permanent address and operates normal business hours on a year -round basis. Non members must have a City of San Luis Business Tax Certificate. GOOD STANDING - A business in "good standing" is defined as a Downtown Association member who has all the necessary permits to operate a business within the City of San Luis Obispo and TNP, has paid the appropriate and TNP fees, has no violations and is actively using the space assigned for TNP. BUSINESS HOURS - Consecutive hours of operation for consecutive days during a business week. Minimum hours of operation are five consecutive days.for five consecutive hours per day. An example of this could be Monday - Friday 10:00 a.m. - 3:00 p.m. TNP OFFICIAL - Any member of the Downtown Association staff, Board of Directors, TNP Committee, City of San Luis Obispo Police or Fire Departments can be designated as a TNP official for enforcing the rules and regulations of TNP. FIRE LANE - a 20' wide unimpeded path for use by fire, police, and medical vehicles, the location of which is determined by the Fire Department and the Downtown Association. The fire lane in the 700 block of Higuera Street will be designated by the parking ticks /markers on the street for both sides of-the block. The center lane striping will designate the fire lane in all other blocks of Higuera Street. All booths must conform to this requirement. The TNP Committee will "review booth configuration at the time of application for compliance with the fire lane regulations. For entertainers, a 20 foot fire lane must be observed down the middle of the street or on one side or the other. NON - COMPETING BUSINESS - a business outside the Downtown Association district boundaries which is determined at the time of application to not be similar, related and /or a competing business with any business or organization that is a.member of the Downtown Association. FUNDRAISING - the solicitation of funds in return for merchandise or services. PRESENCE ON THE MARKET : Participants are expected to leave display booth or usual type of setup in assigned space until 9 :00 p.m. No early take downs are allowed. 3. MEMBER PARTICIPATION A. Members wishing to participate in TNP must file an application with the Downtown Association and, upon approval. and payment of fee, obtain a permit from the Downtown Association office. Member vendors must have a seller's permit and a retail store in the 3 I. O Downtown Association district with scheduled, posted, operating business hours. Merchandise sales at TNP are limited to those items sold from an established inventory within the normal scope of each participant's daily business. Sales or services at must be provided by a Downtown Association member owner, manager, employee or family member and not an agent of the business. Service and professional applicants must conduct the majority of their business within the Downtown Association district. B. TNP permits may not be reassigned or sold. A Downtown Association member's business cannot act as a sales agent for a non - member business. The participant must be a Downtown Association member in good standing and have an active lease or ownership in the Downtown Association district. If it is determined a member business selling at TNP is selling inventory not part of that member's business, the permit may be revoked. C. Upon request, and space permitting, the Committee will attempt to place vendors in close proximity to their places of business. Member participants are not guaranteed space in the location of their choice. 4. NONMEMBER BUSINESS PARTICIPATION A. - At the discretion of the Committee, an outside business (a commercial enterprise that is not within the Downtown Association district) may be permitted to participate in TNP if the Committee determines that the business' participation will provide a public service or will promote the goals and purposes of TNP: If so determined that the business meets the above requirements, the business may be granted a permit and may participate. Non - members shall also be subject to non - member fees.. B. Non - member businesses that have not applied for or received a permit for TNP will not be allowed to participate in TNP. 5. FUND RAISING FOR / BY NOT- FOR- PROFIT ORGANIZATIONS A. At the discretion of the Committee, a Not - For - Profit organization may be permitted to participate if the Committee determines that the organization's participation will provide a public service or will serve to promote the purposes and goals of TNP. B. Not - For - Profit groups may conduct direct sales no more than four (4) times per year, once per quarter, and not more than two (2) consecutive weeks. Sponsorship from Downtown_ Association members may not be solicited to circumvent this rule. Note: Fundraising dates & materials must be pre - approved by the Committee. C. Participants shall limit sales to items specified on the approved application. Merchandise or related fundraising items can be at the participants' booth on approved fund - raising dates only and may not be displayed weekly. D. Organizations wishing to raise funds during TNP must have a Not -For- Profit status. Verification must be provided at the time of application. Reasonable documentation, El such as meeting minutes, by -laws, articles of incorporation, communication from the Secretary of State, tax payer documentation or other indication of non - profit status will be accepted as verification. Note: Student clubs and organizations must provide written authorization from their advisor(s) - Cal Poly students are to initiate an E -plan at the ASI Business Office. E. All monies generated by sales or solicitations, excluding direct material costs, must go to the Not - For - Profit group, not to individuals within the group: The Committee may request a full accounting. F. The organization must submit its application no less than three (3) weeks in advance of the desired attendance date. Upon review and approval by the Committee and payment of fees, a space will be assigned. Participants are not guaranteed space in the location of their choice. G. If food items are to be sold, the-organization must have the necessary written approval from the San Luis Obispo County Health Department prior to receiving a permit. H. Participants shall keep their area clean during the activity and leave the space and surrounding area clean afterward. I. Participants will be required to reimburse the Downtown Association for any costs incurred relating directly to their activity. 6. POLITICAL, RELIGIOUS AND OTHER INFORMATIONAL GROUPS A. Approved applicants will be .given space on a first -come, first- served basis according to space availability. Participants are not guaranteed space in the location of their choice. Additional spaces maybe temporarily provided for special events or occasions, e.g. election season. B. All groups or individuals wishing to disseminate information, pass petitions, or promote political, religious, or personal beliefs are strongly encouraged to submit a signed application no less than three (3) weeks in advance of the date desired. Upon review and approval of the application by the Committee the applicant's name will be added to the list desiring space. The Committee will not discriminate on the basis of race, religion, creed, color, gender, political beliefs, national origin, age, physical disability or other basis prohibited by law.. C. Applicants whose format is determined to be entertainment shall not be eligible for a space allocation under this section, but shall be regulated by Section 7. D. Participants may not harass; follow, or intimidate Downtown visitors or Downtown Association staff. Activity that impedes the flow of pedestrian traffic is not allowed. Applicants must stay within their assigned space. Activities that are conducted in such a 5 V, O O manner as to interfere with the goals or purposes of TNP may result in immediate revocation of the permit. E. Handbills may only be posted with City or property owner approval. No stickers or adhesive materials are allowed at TNP. F. Participants shall keep their area clean during TNP and leave the space and surrounding area clean afterward. Failure to do so may result in additional fees. G. Except for approved entertainment use, no amplification is allowed. 7. ENTERTAINMENT A. The committee shall select the type of entertainment best suited to promote the goals of TNP. Auditions, demo tapes or CDs are required. Entertainers will perform the type and style of entertainment exhibited during audition. B. Entertainers must keep sound levels within the following guidelines: 80 decibels at Garden Street and 90 decibels at all other TNP venues. Entertainers may not use generators. Violation of decibel level guidelines will result in warning followed by electrical disconnect and /or removal from the market. C. Power connections are the responsibility of the entertainer. Entertainers must treat merchant property with great care. Any abuse will result in immediate revocation of permit and cancellation of additional performances. Electrical hook -ups are subject to Fire Department regulations. All extension cords must be taped down or properly covered to avoid a tripping hazard. D. Entertainers are subject to appropriate fees which must be paid when permit is issued. Entertainers may passively ask for donations but may not actively solicit money. E. Entertainers are subject to space availability and assignment as determined by staff. F. The Downtown Association requires that all music performed during TNP be original and /or music in the public domain. G. Entertainers must -stop performing of 8:45pm to start cleaning up, ensuring that the road will be cleared by 9:30pm. 8. MEDIA (RADIO, TELEVISION, NEWSPAPER) Cooperation between TNP and the local media is encouraged to promote TNP. Media organizations may apply to participate during TNP and observe the guidelines listed below. -No amplified music unless authorized by the TNP Committee. 2 -All giveaways (non- adhesive material only) must be pre- approved by the Committee.No adhesive materials of any kind will be allowed. - Promotion/Advertising shall be for the applicant only, not for special events or non- member businesses. -Fees may be waived in exchange for advertising. Such arrangements must be made with the TNP coordinator prior to booking. 9. APPLICATIONS, PERMITS, SPACE ALLOCATION A. Those wishing to participate in TNP must submit an application must three (3) weeks prior to the desired attendance date. Cal Poly clubs must initiate an a -plan through the ASI Business Office. It is the applicant's responsibility to contact the Downtown Association office regarding the status of their application. Upon approval by the Committee, staff will assign a specific space or location and issue a permit reflecting the space allocation. The space will not be considered reserved until the appropriate fees are paid. B. The person in charge of any activity must be in possession of a valid permit at all times. The permit is to be conspicuously displayed during operation. C. All approved applicants will receive a space assignment only if the fee(s) are paid. The space corresponds to a street address. PARTICIPANTS MUST STAY WI`T'HIN THEIR ASSIGNED SPACE AND OUT OF FIRE LANES AT ALL TIMES. It is the participant's responsibility to be aware of the fire lanes, as specified by the TNP Coordinator. D. The TNP Coordinator has the authority to assign or to reassign spaces. Participants are not guaranteed space in the location of their choice. Vendors are limited to one assigned space per event unless authorized by the Committee. Tardy vendors (vendors showing up after 6:00pm) may have their space reassigned because of space availability.. E. Spaces not to exceed the following dimensions: Direct Sales - Member 10' x 10' Member Food 10' x 12' Barbecue fees based on square footage used, booth not to exceed 15' in depth. Direct Sales - Not - for - Profit 10' x 10' Informational 10' x 10' Non - competing/ Volunteer member 10' x 10' Media 10' X10, 7 Q Non - Member businesses are only allowed to display merchandise, no sales permitted. F. Vendors must keep all items in their assigned booth space and cannot use City property (trees, parking meters, etc.) to hang signage or any other materials. 10. APPROVAL OR DENIAL OF TNP APPLICATIONS A. Under the Street Closure or other relevant permits issued by the City of San Luis Obispo, the Downtown Association and the TNP Committee have full discretion concerning use of the area designated for TNP. Applications submitted will be reviewed by the TNP committee for approval or denial based on Event criteria. It is the applicant's responsibility to contact the Downtown Association office for this determination. If an application is denied, the basis for denial shall be given upon request. B. If an application is denied, and the applicants disagrees with the basis for denial, an appeal may be made by applicant, first to the TNP Committee, then to the Downtown Association Board of Directors and, if necessary, to the San Luis Obispo City Council. 11. STREET CLOSURE The City of San Luis Obispo Public Works crew begins barricading the streets at approximately 5:30 p.m. Approved participants may begin setting up as soon as the barricade truck has left the area. Support vehicles must be unloaded and off the street by 6:00 P.M. Vehicles left inside the barricaded area after 6:00pm are subject to towing at the owner's expense. All activities end at 9:00 p.m. and participants must clear their area entirely before 9:30 p.m. at which time barricades are removed and traffic flow resumes. A presence of the permittee must be maintained in the space assigned until 9:00 p.m. No early take -downs are allowed. Under no circumstance are vehicles allowed to enter the barricaded area during Market hours, 6:00pm- 9:00pm. Even in the circumstance of rain. The following guidelines, given to all participants for set up and take down, state (in part): TNP Officially begins at 6pm and ends at 9pm. Higuera St. is barricaded from all side entries and at both ends approximately at 5:30pm, at which time vendors may begin setting up. - Do NOT stop vehicles or begin set up in booth space until after 5:30pm. - Do NOT block the center lane of Higuera St. at any time; pull to the side lane and unload your vehicle. - NO VEHICLES (EXCEPT THOSE USED FOR OCCASIONAL DISPLAY PURPOSES & NOT DRIVEN) ALLOWED ON HIGUERA ST. BETWEEN 6 -9PM. If vendor is running late or must leave early, all equipment must be carried in/out. Drivers must exercise extreme caution and drive slowly during the 5:30 - 6:00pm set up and 9:00- 9:30pm take down. Drivers must heed all directions issued by TNP Coordinator regarding safety. 12. RAIN POLICY In the instance of rain, the TNP Committee will decide whether or not to cancel TNP by 3:00pm. It is the participant's responsibility to contact the Downtown Association to find out the status of TNP. If a participant chooses to not participate due to the weather, this will not be counted against the participant. If the TNP Committee chooses -to cancel TNP, a rain credit will be given to participants signed up for that night. No rain credits will be given unless the Committee has given the official call. 13: HEALTH, FIRE, AND POLICE REGULATIONS While the Downtown Association is not an enforcement body for the Health, Fire and Police Departments, cooperation with these agencies is essential. Participants shall be aware of code requirements and comply. Only "people" events will be permitted in the fire lanes. No tables, risers, or any other equipment will be allowed. Specific questions regarding the codes should be directed to the appropriate agency. 14. EQUIPMENT AND SERVICES The Downtown Association is under no obligation to provide power, water, or any equipment to participants. An applicant needing specific services must make these needs known in the application. The Downtown Association's only obligation is to provide a space on the street. It is the applicant's responsibility to provide all necessary equipment for operation of his /her booth. Power cords, when used, must be taped down and conform to City requirements. Generators may not be used. 15. FEES Participation in TNP is a privilege for both businesses and Not- For - Profit organizations. Since there are substantial costs (such as janitorial, trash removal, street closure and insurance) involved with sponsoring these weekly events, the Downtown Association has established permit fees in the following categories: * Member barbecue vendors * Not - For - Profit groups * Information /Political/Cal Poly groups, * Entertainment * Media *Non Member vendors A fee schedule, subject to annual review, is available in the Downtown Association office. There will be no refunds or credits unless TNP is officially canceled due to rain. 0 01 FEES FOR PERMITS MUST BE PAID WHEN THE PERMIT IS ISSUED. THE PERMIT MUST BE DISPLAYED DURING THE EVENT. 16. FOOD VENDORS INCLUDING BARBECUERS Within the current boundaries of TNP (Higuera Street between Nipomo and Osos streets), there shall be no more than nine (9) barbecues, each with a reserved space assigned. In addition to the TNP rules, all barbecues are subject to Health and Fire Department regulations. In order to retain the reserved space, all food vendors must adhere to the following rules that apply:. A. All food vendors must have a business and full service commercial kitchen within the Downtown Association boundaries. B. Food items should be the same type as are sold on the daily menu at place of business unless otherwise authorized by the committee. C. Barbecue operation must be kept within the space assigned. D. Food vendors may begin setup no earlier than 5:30pm. Barbecues may be pulled onto the street no earlier than 4:00 p.m. Barbecues are not to be started in an assigned street space until after 4:00 p.m. and are not to extend into the street past the parking place marker. All barbecues must be set up in their assigned space prior to lighting the barbecue: No "live" or lit barbecues can be transported into or out of the TNP area. During lighting, the barbecue is to be surrounded by barriers -set five (5) feet away to protect pedestrians from flames . (This may require temporary placement of barriers on sidewalk areas). Standard starter fluid or propane wands can be used to start barbecues. All vendors using open flame must operate in accordance with all fire code regulations. Each barbecue must have an approved fire extinguisher on site. E. Areas assigned to barbecues that consist of on- street, regular metered parking spaces (a total of no more than 18 spaces (nine barbecues) may be posted "No Parking After 3pm" by the Downtown Association, complying with City of SLO requirement that such posting occur 24 hours in advance of the restricted time. Barbecue unit may not be brought into space until 4PM. F. Barbecues must be surrounded by barriers set five (5) feet away and can be easily moved for emergency vehicle access. G. Support vehicles must be moved away from the barbecue area by 6:00 p.m. H. Food vendor areas must be kept neat and clean at all times. Each barbecue vendor must provide at least one 50- gallon container for refuse. III] V. I. Permits maybe revoked. by. the TNP committee for the following reasons: (The same rules for revocation apply to all members.) 1. Closure of business. (Exceptions may be made for renovations that do not exceed 60 days.) 2. Non- compliance with Downtown Association, City of San Luis Obispo Fire Department, or County of San Luis Obispo Health Department regulations. 3. Non - payment of prescribed fees within the designated time period. 4. Poor attendance. 5. Sale ortransfer of business J. Permits are subject to modification and revocation by the City Council at any time and are valid for the indicated permit period only. K. A waiting list of members who wish to barbecue or use an LPG device is kept in the Downtown Association office. Any space that becomes available will be reserved for the member at the top of that list. To be placed on the waiting list, a member must file a TNP application and the member must show that they are qualified in all respects. L. Barbecues and LPG users are required to participate every Thursday unless TNP is officially canceled due to weather. The Downtown Association office Will notify barbecue participants on the status of TNP due to weather by 2 :00 p.m. the day of TNP. Failure to participate will cause the permit . to be reviewed. by and possibly revoked the committee. Barbecues and LPG users are allowed one absence per quarter. M. Food vendors must present the Downtown Association a copy of their Health Department permit before they book a spot. 17. SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION, INC. (FARMERS' MARKET) The Farmers' Market Association participates in TNP at the invitation of and under contract with the Downtown Association. The Farmers' Market Association operates under State regulations and those set by its Board of Directors. Certain guidelines have been established by the Farmers' Market and the Downtown Association addressing specific needs of TNP. All people wishing to sell their agricultural products directly to the public must contact the Farmers' Market Association; as the Downtown Association does not issue permits or space assignments for Farmers' Market, and issues no variances to circumvent Farmers' Market rules. Call 544-9570 for information about the Farmers' Market Association. 18. GENERAL RULES FOR PARTICIPANTS: W A. Any vendor, club, group, or persons participating in TNP must comply with all of the rules. Non- compliance, including offensive conduct, may result in immediate revocation of the permit. If a permit is revoked an appeal may be made, first to the TNP Committee, then to the Downtown Association Board of Directors, and finally to the San Luis Obispo City Council. During the appeal process a space will be held for the participant providing that all fees are paid. B. The Committee reserves the right to revoke the permit and /or order the removal of all equipment and material (belonging to a participant) from the street for any reason deemed necessary by the Committee to better meet the goals and purposes of TNP or for public health, safety and welfare. C. All participants must conspicuously display the name and location of their business or organization on a sign with the minimum size being approximately 400 sq. inches (14" x 30 "). Merchants' show windows may not be obscured at any time by boards, banners or other large displays. D. Lighting on booths should be used for illumination of the booth and display purposes only. Strobipg, flashing and /or rotating lights are not permitted. All lighting must be battery or electric only. The Downtown Association does not guarantee electricity. It is the participant's responsibility to solicit electricity from the businesses they are in front of. Electricity can be purchased from the Downtown Association on a first come, first served basis. Arrangements must be made at least one week prior to attendance date. E. No person shall deface or otherwise abuse the Downtown buildings or plants including stickers, paint or graffiti. F. Amplification is NOT allowed without previous written approval from the TNP Committee. G. All applications for TNP must contain name, address, phone number, and signature of applicant or applicant's authorized agent. This person must be the contact person. The applicant shall acknowledge the participant's liability for damages (including costs for clean -up and damages to property belonging to merchants or tenants). Participants are responsible for contacting the Downtown Association if there is a contact person change or address change. H. Members must participate once space is allocated to maintain validity of permit. Non- use may result in that space being reassigned. Members must have a valid permit for each date of attendance; members not participating on a pre -paid continuous basis must secure a valid permit for each date of attendance by coming to the Downtown Association office and paying the required fee prior to date of attendance. Members not participating for 90 days or more must submit a new application. 12 I. If food items are to be sold, members MUST apply to, and have the necessary written approval from the SLO County Health Department prior to receiving a TNP permit. J, Permits may be revoked for the following reasons: (The same rules of revocation apply to all participants). 1. Closure of business (Exceptions may be made for businesses undergoing renovations that do not exceed 60 days.) 2. Non- compliance with Downtown Association, City of San Luis Obispo Fire Department or County Health Department regulations. 3. Non - payment of prescribed fees within the designated time period. 4. Poor attendance. Vendors may miss no more than one night per quarter, due to emergency. 5. Sale or transfer of business Appeal of TNP Committee determination shall be made in accordance with "Appeal Process" in General Rules. K. Businesses who have not applied for and received a permit for TNP will not be allowed to participate in TNP and are subject to removal. L. TNP participants must have proof of liability insurance with minimum coverage of $1,000,000 and workers compensation insurance for all employees participating in TNP. Participants are required to have their insurance carrier notify the Downtown Association staff in writing of their insurance status.. Further, only business owners or immediate family member may operate vendor booths without providing proof of workers compensation coverage; if family members are working the booth, a letter must be on file with the Downtown Association indicating this intention. All other workers are assumed to be employees and must be covered by workers compensation and proof of such will be provided to the Downtown Association prior to approval of application. M. The Downtown Association, the TNP Committee, its agents or staff are not responsible for theft or damages to property belonging to persons participating in TNP. The Downtown Association assumes no responsibility for items left unattended during or at the conclusion of TNP. N. No person participating in TNP shall state, imply or otherwise suggest that the Downtown Association, or any of its member businesses endorses, sponsors or supports the views of applicant's business or organization. O. Alcoholic: beverages or affiliated promotional products may not be sold, consumed, promoted or advertised during TNP. 13 V 1 P. Tobacco products and merchandise may not be sold, promoted or advertised during TNP. Q. Tattooing, permanent cosmetics and body piercing may not be performed or administered during TNP. Body piercing does not include piercing the leading edge or earlobe of the ear. R. The Committee reserves the right to refuse participation to any applicant. S. The Committee will not discriminate on the basis of race, religion, creed, color, gender, political beliefs, national origin, age or physical disability or any basis prohibited by law. T. Participants in TNP shall be appropriately dressed (e.g. shirts and shoes), and conduct themselves with proper decorum. U. The committee reserves the right to limit sales of items that are in direct competition with those items of Downtown merchants. V. Permits may be revoked for the following reasons: (The same rules for revocation apply to all members.) 1. Sale or transfer of business. 2. Closure of business. (Exceptions may be made for renovations that do not exceed 60 days.) 3.'Non- compliance with Downtown Association, City of San Luis Obispo or County of San Luis Obispo Health Department regulations. 4. Non - payment of prescribed fees within the designated time period. 5. Poor attendance. W. Appeal Process for Permit Revocation Any participant or applicant denied a permit or whose permit is revoked may appeal the denial /revocation in the following manner: File formal complaint within 10 (ten) days of the denial /revocation (obtaining complaint form from Downtown Association office) stating nature of complaint and requesting appeal to be agendized at the next earliest or desired meeting date of the Thursday Night Promotions Committee. If complainant disagrees with determination of Committee, complainant may then repeat the procedure appealing that decision to the Downtown Association Board of Directors. Should the complainant disagree with the determination of the Board of Directors, the complainant should contact the City of San Luis Obispo City Clerk about appealing the decision to the City Council. 14 X. All giveaways (non- adhesive material only) must be pre- approved by the Committee. No stickers or adhesive materials of any kind will be permitted to be sold, distributed, given away or offered. Y. No pets /animals are allowed at TNP without pre- approved authorization and only in limited and controlled circumstances. Animals utilized to assist disabled persons are excepted. PLEASE OBTAIN YOUR PERMIT FROM THE DOWNTOWN ASSOCIATION OFFICE PRIOR TO THE THURSDAY NIGHT YOU WISH TO PARTICIPATE The office is located at: 1108 Garden Street, Suite 210 San Luis Obispo, CA 93401 www.downtownsio.com Rules & Regulations updated 6 -01 -06 by Kristin Dennis, Promotions Coordinator Approved by TNP Committee 6- 07 -06, Approved by Downtown Association Board of Directors 6- 13 -06, Approved by SLO City Council 6 -20 -06 15 r. o RESOLUTION NO. 9803 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING A QUITCLAIM DEED FOR AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES ON HAYS STREET. WHEREAS, City Council Resolution 2472 (1973 Series) determined that Dana Avenue was unnecessary for present or prospective public street purposes and abandoned said described street; and WHEREAS, the Exhibit attached to Resolution 2472 (1973 Series) depicting the Dana Avenue abandonment represented an abandonment of more that what was created by the Phillips Addition Subdivision Map, namely a portion of Hays Street; and WHEREAS, the property owners that abut the contested abandonment have reached an agreement that will satisfy both property owners as to the eventual disposition of the Hays Street right of way, specifically that it will once again come under the control of the City of San Luis Obispo; and WHEREAS, the City Council will accept a quitclaim deed to an easement for public street and utility purposes at a point in time five years from the effective date of the agreement between the property owners. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby accepts the easement for public street and utility purposes on Hays Street and directs the recording of said Quitclaim Deed at a time five years from the date of agreement signed by Clarence and Pearl Thoma and Donald and Barbara Stimson. SECTION 2. This Resolution replaces Resolution No. 2472 (1973 Series) and differs from Resolution No. 2472 (1973 Series) with respect to correcting the legal description of the right of way subject to the easement for public street and road purposes. SECTION 3. The City Clerk shall cause a certified copy of this Resolution of Abandonment; duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder at a point in time five years from the effective date of the agreement between the property owners. R 9803 Resolution No. 9803 (2006 Series) Page 2 On motion of Council Member Mulholland seconded by Council Member Brown, and on the following roll call vote, AYES: Council Members Brown and Mulholland and Mayor Romero NOES: None ABSENT: Council Member Ewan and Vice Mayor Settle The foregoing Resolution was passed and adopted this 6`h of June 2006. -- Mayor David F. Romero ATTEST: /j Y,7 s4U - 0--/ Audrey oper City Cl r APPROVED AS TO FORM: Jonat an P. Lowell City Attorney P(J �- LJf1(.TE'� C�YL'i.4� l � l �. � �, ,� RESOLUTION NO. 9802 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION AND ALLOWING A SITE REMODEL OF THE SERVICE STATION AT 328 MARSH STREET MODIFYING CONDITION 4, TO ALLOW A REDUCED WIDTH DRIVEWAY INSTEAD OF ELIMINATING THE DRIVEWAY, ARC 230 -04. WHEREAS, on April 3, 2006, the Architectural Review Commission conducted a public hearing and approved project ARC 230 -04 based on findings and subject to conditions; and WHEREAS, Tamara Fenner, a representative for the applicant (Chevron) filed an appeal of the Architectural Review Commission's action (specifically condition 4) on April 10, 2006; and WHEREAS, the City Council conducted a public hearing on June 6, 2006, and has considered testimony of the appellant, interested parties, and the evaluation and recommendation of staff; and 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 Architectural Review Commission (ARC) actions, the appellants' statement, staff recommendations and reports thereof, makes the following findings: 1. The proposed condition, as amended, is consistent with the intentions of staff and the Architectural Review Commission. 2. Reducing the width of the driveway to 20 feet will still allow adequate vehicle access while allowing the landscape planter to be increased in depth as desired by the ARC and staff.. 3. Maintaining a driveway at this location will comply with the City's transportation standards and will not result in a design that is detrimental to health, safety or welfare of drivers and pedestrians. SECTION 2. Appeal Upheld. The appeal of the Architectural Review Commission's action is hereby upheld and condition 4 is modified as follows: 4. The landscape area at the corner shall be increased in size to a minimum depth of 20 feet and existing mature landscape shall be retained where possible. A modified landscape plan that includes new trees and shrubs shall be submitted with construction documents. The westerly driveway on Marsh Street shall be eli-n-iinated reduced in size to accommodate this. and a new street t.. planter-with a street tfee ine-e -peFn ':1 Resolution No. 9802 (2006 Series) Page 2 On motion of Vice Mayor Settle , seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Member Brown and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 6`h day of June 2006. Mayor David F. Romero ATTEST: Audrey Wolper City Cl APPROVED AS TO FORM: Jonat an P. Lowell City Attorney S 4V RESOLUTION NO. 9801 (2006 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A TENTATIVE CONDOMINIUM TRACT MAP FOR 9 RESIDENTIAL UNITS FOR PROPERTY AT 1063 ELLA STREET TR/ER 129 -05 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 26, 2006 pursuant to an application filed by Brian Rolph, applicant, and recommended approval of the subdivision map to the City Council; and WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the applicant, interested parties, and evaluation and recommendations by staff; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff. BE IT RESOLVED, by the City Council of San Luis Obispo as follows: SECTION 1. Findings. 1. The design of the tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints, will incrementally add to the City's residential housing inventory, will result in condominium units that meet subdivision standards, and will be consistent with the development potential anticipated within the Medium Density Residential District. 2. The site is physically suited for the proposed type of development allowed in the R -2 zone since the site is sloped less than 16 %, surrounded by existing high density residential development and close to parks, transit services and trail linkages to the downtown. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. A Mitigated Negative Declaration was prepared by the Community Development Department on April 14, 2006. The Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Action. The Council hereby approves the Tentative Tract Map for 9 residential units and adopts the Mitigated Negative Declaration (TR/ER 129 -05), with incorporation of the following project 6-5_ �1 Resolution No. 9801 (2006Series) Page 2 mitigation measures and conditions: Mitigation Measures: 1. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: a. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. b. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. c. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. e. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. f. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast - germinating native grass seed and watered until vegetation becomes established. g. All disturbed areas not subject to revegetation shall be stabilized using, jute netting, or other methods approved in advance by the APCD. h. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. i. On -site vehicle speed shall be limited to 5 mph for any unpaved surface. j. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non - potable water. k. Streets adjacent to the project site shall be swept daily to remove silt, which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. Monitoring Program: Plans submitted for construction shall include a cover page with clear notes illustrating the mitigation measures. The notes shall also be included on any separate grading plans. All contractors and sub - contractors shall be informed of the requirements by the general contractor. The City will monitor construction activities on an ongoing basis as well as respond to complaints from the neighborhood. If dust or other air pollution factors exceed the anticipated limitations, construction work will be stopped by the City until the situation can be corrected. i� Resolution No. 9801 (2006 Series) Page 3 Conditions: 1. All project conditions associated with the architectural approval of the project as approved by the Architectural Review Commission on February 6, 2006, shall be incorporated herein as conditions of approval. 2. An affordable housing agreement consistent with the draft affordable housing proposal shall be submitted for review and approval of the Community Development Director prior to proceeding to the City Council. 3. The final map shall indicate common and private open space yards and the CC &R's shall describe maintenance of all common areas. 4. Storage facilities, independent of kitchen cabinets and household closets, shall be supplied for each unit, to the approval of the Community Development Director. 5. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent with SLO Municipal Code Section 16.40.080. 6. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. Code Requirements: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Public Right -of -way 1. The subdivider shall dedicate a 2m wide public utility easement and a 3m wide street tree easement across the frontage of the property. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering the property. 2. The internal driveway and turnaround area curbs shall be panted red and properly signed and stenciled as a "Fire Lane" per the Fire Department's "Developer's Guide" in order to prohibit parking in unauthorized areas and preventing access in case of emergencies. Grading & Drainage 3. Provide a proposed storm water plan and hydrology calculations for site drainage including proposed culverts and bridge crossing at street entry. The rate of runoff from the site post development shall not significantly exceed (5- percent) that of predevelopment for the 2, 10, 100 year 24hour storm. Analysis and design of stormwater facilities shall be consistent with the City's Waterways Management Plan - Drainage Resolution No. 9801 (2006 Series) Page 4 Design Manual. 4. In order to mitigate for a decrease in water quality, the stormwater runoff from all improved areas of the development site, except rooftops, shall be treated in accordance with the Best Management Practices published in the California Stormwater Quality Association's Best Management Practice Handbook, January 2003. For the purposes of water quality design, all water quality BMPs shall be designed to treat runoff from a 25 mm/24 -Hour storm event. 5. In order to mitigate for a decrease in water quality, the stormwater runoff from all improved areas of the development site, except rooftops, shall be treated in accordance with the Best Management Practices published in the California Stormwater Quality Association's Best Management Practice Handbook, January 2003. For the purposes of water quality design, all water quality BMPs shall be designed to treat runoff from a 25 mm/24 -Hour storm event. 6. Prior to the approval of public improvement plans, the subdivider shall submit an updated report based on the final design in accordance with the City's Waterways Management Plan Drainage Design Manual Water, Sewer & Utilities 7. The subdivider shall place underground, all existing overhead utilities along the public street frontage(s), to the satisfaction of the Public Works Director and utility companies. 8. The existing sewer laterals stubbed to the property shall be properly abandoned at the public main. The sewer lines in the public right -of -way shall be parallel or perpendicular to the street centerline. The minimum slope for any public sewer is 0.005. The water service configuration appears adequate, however it is suggested that the ten meters be configured in manifolds of 4, 3, and 3 meters each, with the landscape meter being the fourth meter on one of the manifolds. Resolution No. 9801 (2006 Series) Page 5 On motion of Vice Mayor Settle seconded by Council member Brown, and on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 6`t' day of June 2006. Mayor David F. Romero ATTEST: �t Audrey oper City CI APPROVED AS TO FORM: Jo n P. Lowell City Attorney I,lq z /)� , 6 eoPcI is tL)iq e r RESOLUTION NO. 9800 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING SUBJECT TO CONDITIONS A CONDOMINIUM CONVERSION FOR SIXTEEN APARTMENTS AT 1043 ELLA STREET, APPLICATION NO. CON 21 -06 WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 6, 2006, to consider Application No. CON 21 -06, a request to approve a Condominium Conversion for 16 apartments known as Vista de la Ciudad Apartments at 1043 Ella Street; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA); and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed condominium conversion is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing since the conversion will provide two deed restricted affordable units at the "very low" category consistent with the City's Inclusionary Housing Ordinance and the other units are affordable by design. 2. As conditioned, the conversion complies with all regulations and property improvement standards for condominium conversions. 3. As stated in the applicant's property condition report, the property is in satisfactory condition and a report of any known defects will be made available to future property owners and kept on file at the City. 4. Based on a staff review of the application materials, a visit to the site and a review of City records, the property is in substantial compliance with the Zoning Code in terms of allowed use, density, parking, yard areas, building height, and all other applicable property development standards. 5. In accordance with the Condominium conversion standards the applicant has appropriately delivered a notice of intent to convert to each tenant. 6. The existing apartments, due to location, design, condition, and general conformance with property development standards are appropriate for conversion to individual ' ':11 o Resolution No. 9800 (2006 Series) Page 2 ownership units and will result in a quality living environment for future property owners. 7. In light of the above findings, there exists adequate facts to support the findings required under sections 66473.5 and 66474 of the Government Code. 8. An equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project. 9. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple family residences into condominiums is categorically exempt from environmental review. SECTION 2. Action. The Council hereby approves Application No. CON 21 -06, a request to convert sixteen apartment units at 1043 Ella Street to individual ownership condominiums in accordance with Municipal Code 16.17, subject to the following conditions: The applicant shall apply for a tentative parcel map as defined by the Subdivision Map Act and in accordance with the City's Subdivision Regulations and Municipal Code Chapter 17.82 (Condominium Conversions). The tentative parcel map shall be subject to (but not limited to) the following conditions of approval: a. Each unit shall be supplied with individual meters for gas, water and electrical service. Location and type of metering shall be subject to review and approval of the City. b. Any building defects noted in the property condition report submitted to the City shall be repaired prior to approval of the final condominium map. c. Any improvements necessary to comply with the property improvement standards for condominium conversions (Chapter 16.017.070 A through I) shall be completed prior to approval of the final condominium map. Such improvements include (but may not be limited to): private open space yards, bicycle storage lockers, retrofitting units with additional energy compliance requirements such as increased insulation or insulated windows, restoration and refurbishing of landscape areas, installation of common area improvements, installation of smoke detectors and fire protection systems, or repair and upgrades of parking areas. d. Conditions, Covenants and Restrictions (C.C. &R.$) are required, to the approval of the Community Development Director and the Public Works Director. The C.C. &R.s shall include a description and regulations pertaining to the open space easement and all common areas. e. If pertinent, the tentative map shall reflect the location of all any overhead and underground utilities. f. The subdivider shall submit a final map to the city for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. g. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend, indemnify and hold harmless the city or its agents, officers and employees from any claim, action, or proceeding against the city or it agents, officers or employees to attack, set aside, void or annul an approval of the city, advisory agency, appeal board or legislative body concerning this subdivision. The city Resolution No. 9800 (2006 Series) Page 3 shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Each non - purchasing tenant not in default under the provisions of the rental agreement or lease shall have the right to remain not less than 330 days from the written notice of intent to convert. 3. After submittal of the tentative map, prospective tenants shall be given a written notice of intent to convert prior to leasing or renting any unit. 4. Applicant shall give any present tenant a non - transferable right of first refusal to purchase the unit occupied. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. The tenant's security deposit and last months rent shall be credited towards the purchase of the property. 5. A barbeque facility including a picnic bench and landscape enhancements shall be incorporated into the common open space area. The design of the improvements shall be reviewed and approved by the Community Development Department. The improvements shall be constructed prior to recordation of the final condominium map. 6. Private open space yards, including new fencing and any other necessary landscape improvements, shall be completed prior to recordation of a final map. 7. Solar water heating shall be provided for each unit, and appropriate easements shall be provided for collector locations. The Community Development Director may waive the requirement for solar water heating in cases where the Chief Building Official has determined that equivalent energy saving will be obtained by other means. 8. A minimum of two units, of average size and quality, shall be deed restricted to "very low" affordable levels for a minimum of 30 years, consistent with the City's Inclusionary Housing Ordinance. The unit shall be deed restricted upon recordation of the final condominium map prior to sale of the property. 9. The condominium conversion presents an opportunity to repair any problems with the existing sewer lateral serving the site. The Utilities Department Sewer Lateral Repair Policy states that the sewer lateral must pass a video inspection, or be repaired or replaced as part of the overall project. Our local plumbers are equipped to perform this inspection, and the City Wastewater Collections Department will review the tape and either approve the use of the lateral for the proposed condominium conversion or make recommendations for repair or replacement, as appropriate. The inspection tape should be clearly labeled with the applicant's name, address, City application number, the name of the inspection company, the date of the inspection, and contact telephone numbers. 10. The proposed new parking lot layout and striping plan appears to create a conflict with the recycling container storage area. The recycling area should be an enclosure similar to the regular trash enclosure. The recycling container storage area shall be conveniently Resolution No. 9800 (2006 Series) Page 4 located for use by the residents, as well as for pick -up by the garbage company. The plans should be presented to San Luis Garbage Company for their review and approval. Parking space #13 may need to be eliminated to allow for pick -up of recyclable refuse. Code Requirements 1. Any improvements necessary to comply with the property improvement standards for condominium conversions shall be completed prior to approval of the final condominium map. Such transportation improvements include long and short-term bicycle parking as well as vehicle parking. 2. If any site improvements are made which necessitate any portion of the retaining wall fronting Ella Street to be reconstructed, that portion of the wall shall be set back an addition two feet and the sidewalk expanded to six feet in width. 3. As part of the tentative map process, the project will be conditioned to increase the width of the pedestrian access easement and make the necessary physical improvements to provide access to the easement from the property as well as from Rachel Street. 4. As part of the tentative map process, the project will be conditioned to complete the site's frontage improvements on Rachel Street. 5. Municipal Code Section 16.036.250.J.2 requires the developer to provide separate water services to each condominium unit. Each unit must be plumbed separately and independently from the others. The proposed condominiums can share a common sewer lateral, providing that the Condominium Owners' Association Agreement contains adequate provisions for the joint ownership and maintenance of the private sewer lateral. On motion of Council Member Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 6`s day of June 2006. Resolution No. 9800 (2006 Series) Page 5 ATTEST: . �zk�� Audrey Hoope City Clerk APPROVED AS TO FORM: . .R� Lowell City Attorney f Mayor David F. Romero IN14 1;2- 43 el Oily