HomeMy WebLinkAbout8919-8924RESOLUTION NO. 8924 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP
FOR A SEVEN -LOT RESIDENTIAL SUBDIVISION ON THE
SIDE OF EL CAPITAN WAY [915 EL CAPITAN WAY].
(TR- 140 -98; County file no. Tr 2294)
WHEREAS, the Planning Commission conducted public hearings on November 18,
1998 and January 13, 1999, and recommended approval of Vesting Tentative Tract Map 140 -98;
and
WHEREAS, the City Council conducted public hearings on February 16, 1999 and April
20, 1999 and has considered testimony of interested parties, the records of the Planning
Commission hearing and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the subdivision is consistent with the General
Plan, the Edna -Islay Specific Plan, the Zoning Regulations, Planned Development 140 -98 and
other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact with mitigation as prepared by staff and reviewed by the 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 Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of
the proposed tentative tract map, and reflects the independent judgement of the City Council.
The Council hereby adopts said Mitigated Negative Declaration and incorporates the following
mitigation measures into the project:
R 8924
Page 1 of 7
Resolution no. 8924 (19L Series)
Tract 140 -98 (915 El Capitan)
Page 2
1. A detailed soils engineering report shall to be submitted as part of the grading and
building permit applications. The soils report shall include: data regarding the
nature, distribution and strength of the existing soils, conclusions and
recommendations for grading procedures including such recommendations to ensure
that there are no significant impacts to the creek, and design criteria for corrective
measures, when necessary. Grading and building must be designed and performed
in compliance with the soils engineering report.
2. A detailed hydrology study indicating the effects of the proposed development on
adjacent and downstream properties is required. The scope of the study must
include analysis of all existing public and private drainage facilities and creek
capacities between this property and an adequate point of disposal and shall make
recommendations for appropriate improvements that will reduce flooding.
If the .study identifies any on -site areas subject to 100 -year storm flooding, the
developer shall process and complete a Federal Emergency Management Agency
Letter of Map Amendment (LOMA), or Letter of Map Revision (LOMR) prior to
final acceptance of any development. Any lots or building pads, identified to be
subject to flooding during a 100 -year storm shall be graded to provide minimum
pad elevations of at least 1 foot above the 100 -year storm elevation. All areas
subject to flooding shall be documented.
3. The property owner shall grant an avigation easement to the County of San Luis
Obispo via an avigation easement document prepared by the County.
4. The findings and recommendations of the May 1998 biological survey shall be
incorporated into the final project design and construction.
5. Site development shall include a solid waste recycling plan for recycling discarded
building materials such as concrete, drywall, wood and metals from the constriction
site. The plans must be submitted for approval by the Community Development
Director prior to building permit issuance.
6.. The final project shall be designed to include interior and exterior recycling.
7. Consistent with Municipal Code Section 15.44.270, all graded surfaces shall be
wetted, protected or contained in such a manner as to prevent dust or spill upon 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 that project's
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 niph
c) Cessation of grading activities during periods of winds over 25 mph;
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Page 2 of 7
Resolution no. 8924(199 Series)
Tract 140 -98 (915 El Capitan)
Page 3
d) Direct application of water on material being excavated and /or transported on -site
or off -site;
e) Watering material stockpiles; and
f) Periodic washdowns, or mechanical street sweeping, of El Capitan Way in the
vicinity of the construction site.
SECTION 2. Findings. That this Council, after consideration of Vesting Tentative Tract
Map 140 -98, and the Planning Commission's recommendations, staff recommendations, public
testimony, and reports thereof, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan and with the Edna -Islay Specific Plan.
2. The site is physically suited for the type and density of development allowed in the R-
2-SP-PD and C /OS -SP -PD zones.
3. The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvements will not conflict with
easements for access through, or use of property within, the proposed subdivision..
5. An initial study of environmental impacts was prepared by the Community
Development Department on November 6, 1998 and modified by the Planning
Commission on November 18, 1998, adequately addresses the potential
environmental impacts associated with the subdivision map and establishes measures
to mitigate those impacts to a level of insignificance.
SECTION 3. The vesting tentative map for Tract 140 -98 (County File no. Tract 2294) is
approved subject to the following conditions and code requirements:
1. All on -site driveways, nonstructural parking improvements, and utilities shall be
installed as subdivision improvements.
2. All units shall be numbered in accordance with an addressing plan approved by the
Community Development Director.
Public Right -of -Way
3. The subdivider shall dedicate a 1.8m [�6 ft.] wide public utility easement and 3m
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Resolution no. 8924 (19y, Series)
Tract 140 -98 (915 El Capitan)
Page 4
[ --10 ft.] wide street tree easement along all public street frontages, to the
satisfaction of the Director of Public Works.
Water, Sewer and Utilities
4. Existing water wells may remain in use to serve only the lot on which the well is
located. Upon development, water well use shall comply with the City regulations
and policies in effect at that time. All structures connecting to the City's water
system shall be required to pay all applicable water and sewer impact fees. '
5. The proposed sewer serving this development is tributary to the Tank
Farm/Rockview Lift Station system; lift station fees will be charged accordingly.
The lift station system is at capacity and some improvement to the system will be
necessary to accommodate this development and/or a contribution to the
improvements to the satisfaction of the Utilities Director. Any work done on the
system or contributions will be credited against the lift station fees, as determined
by the City Utilities Engineer.
6. Each lot shall be served with separate water, sewer, gas, electric, telephone and
cable TV services in accordance with City standards.
Grading and Drainage
7. A detailed hydrology study indicating the effects of the proposed development on
adjacent and downstream properties will be required. The scope of the study must
include analysis of all existing public and private drainage facilities and creek
capacities between this property and an adequate point of disposal and shall make
recommendations for appropriate improvements that will reduce flooding. The
development must be. designed so as not to increase_ flooding downstream; detention
facilities will be required. All proposed detention basin and drainage
improvements, except those within a public street, shall be privately owned and
maintained by the property owner of Lot 16, Tract 2248.
If the study identifies on -site areas subject to 100 -yr storm flooding, the developer
shall process and complete a Federal Emergency Management Agency Letter of
Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final
acceptance of any development. Any lots or building pads, identified in the
hydrology study to be subject to flooding during a 100 -yr storm shall be graded to
provide minimum pad elevations of at least 1 foot above the 100 -yr storm elevation.
All areas subject to flooding shall be documented..
8. Additional storm water run -off; as a direct result of development of each lot, shall
be evaluated by a registered civil engineer and appropriate mitigation (detention
facilities) designed into the projects to the satisfaction of the Director of Public
Works. Maintenance responsibilities of detention facilities shall also be addressed,
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Resolution no. 8924099>- Series)
Tract 140-98 (915 El Capitan)
Page 5
particularly if an existing off -site detention basin is used.
9. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements
and drainage facilities shall be provided, to the satisfaction of the Director of Public
Works.
Traffic
10, Traffic impact fees shall be paid prior to the issuance of building permits.
Trees
11. Some trees may require safety pruning by a certified Arborist to the satisfaction of
the City Arborist.
Creek and Open Space
12, The subdivider shall dedicate an easement over the creek, open space area and
drainage basin (if required) for access and maintenance to the satisfaction of the City
Engineer.
13. The subdivider shall prepare a creek preservation and maintenance agreement to be
recorded with the County Recorder for each lot in a form approved by the City
Attorney and the Community Development Director prior to final map approval.
The agreement shall include the following provisions:
a) Provide for professional, perpetual maintenance of the creek and open space
area to the satisfaction of the City's Natural Resources Manager.
b) Grant to the city the right to maintain the creek and open space area if the
individual lot owner fails to perform, and to assess the lot owner for expenses
incurred, and the right of the city to inspect the site at mutually agreed times
to assure conditions of the agreement and final map are being met.
14. The creek/open space area shall be maintained by the individual lot owner in
accordance with the creek preservation and maintenance agreement as approved by
the City.
15. Prior to recordation of the final map, the subdivider shall grant an open space
easement to the City of San Luis Obispo with the provision that the individual lot
owner will have maintenance responsibilities and the City will have review
authority over management/maintenance of the creek and open space area.
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Resolution no.8924 (199:;-Series)
Tract 140 -98 (915 El Capitan)
Page 6
Mapping and Miscellaneous Requirements
16. All boundary monuments, lot comers and centerline intersections, BC's, EC's,
etc..., shall be tied to the City's Horizontal Control Network. At least two control
points shall be used and a tabulation of the coordinates shall be submitted with the
final map or parcel map. All coordinates submitted shall be based on the City
coordinate system: A 3.5" diameter computer floppy disk, containing the
appropriate data compatible with.AutoCAD (Digital Interchange Format, DXF) for
Geographic Information System (GIS) purposes, shall be submitted to the City
Engineer.
17. A copy of all public improvement plans (record drawings) shall be submitted on
3.5" diameter computer diskettes in a format compatible with the City's CAD
system and shall comply with the City's computer aided drafting standards
(including but not limited to layering, symbols, line weights and colors, stationing,
scale, etc...).
18. The final map, public improvement plans and specifications shall use the
International System of Units (metric system). The English System of Units may be
used on the final map where necessary (e.g. - all record data shall be entered on the
map in the record units, metric translations should be in parenthesis), to the
approval of the City Engineer..
Code Requirements
A. Traffic impact fees are required to be paid prior to the issuance of building
permits.
B. Water & Wastewater fees are required to be paid prior to the issuance of a
building permit for construction on any lot.
C. Street trees shall be planted on each lot at the time of development of each lot, per
City Standards and to the satisfaction of the City Arborist. The number of trees is
determined by one tree per 35 linear feet of street frontage.
D. EPA Requirement. General Construction Activity Storm Water Permit are
required for all storm water discharges associated with a construction activity
where clearing, grading and excavation results in land disturbance of five or more
acres. Storm water discharges of less than five acres, but which is part of a larger
common plan of development or sale, also require a permit. Permits are required
until the construction is complete. To be covered by' a General Construction
Activity Permit, the owner(s) of land where construction activity occurs must
submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the
State Water Board.
R 8924
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Resolution no. 8924 (199- Series) U
Tract 140 =98 (915 El Capitan)
Page 7
SECTION 4. Effective Date: Vesting Tentative Tract Map 140 -98 (County file no. TR
2294) shall take effect on the effective date of the PD rezoning.
On motion of Vice Mayor Romero ,seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero
and Mayor:Settle.
NOES: None
ABSENT: None.
the foregoing resolution was adopted this 20th day of April, 1999.
Mayor Allen Settle
APPROVED AS TO FORM-
F_ ley ieg
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RESOLUTION NO. 8923 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
IMPLEMENTING THE REPORTING OF EMPLOYER PAID MEMBER CONTRIBUTIONS
AS ADDITIONAL COMPENSATION FOR THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
WHEREAS, the City of San Luis Obispo has the authority to implement Government
Code Section 20636 (c) (4) pursuant to.Section 20691; and
WHEREAS, the City of San Luis Obispo has a written labor policy or agreement which
specifically provides for the inclusion of normal member contributions paid by the employer on
behalf of the members as additional compensation; and
WHEREAS, one of the steps in the procedures to implement this section is the adoption
by the governing body of the City of San Luis Obispo of a resolution giving notice of its
intention to commence reporting the value of employer paid member contributions (EPMC) as
compensation for all members of a group or class; and
WHEREAS, the following is a statement of the proposed changes in reporting
compensation to PERS:
The City of San Luis Obispo elects to pay 9% of safety employees' and 7% of non
safety employees' compensation earnable as Employer Paid Member Contributions
and report the same percent (value) of compensation earnable {excluding
Government Code Section 20636 (c) (4)} as additional compensation.
This benefit shall apply to all employees of the International Association of
Firefighters, Local 3523.
The effective date of this resolution shall be April 22, 1999.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that Goverment Code Section 20636 (c) (4) shall be implemented pursuant to
Section 20691 by paying and reporting the value of Employer Paid Member
Contributions for all employees of the International Association of Firefighters; Local
3523, as indicated above.
Upon motion of Vice Mayor Romero , seconded by Council Member Schwartz
and on the following roll call vote:.
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero,
and Mayor Settle_
NOES: None
ABSENT: None
R 8923
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Resolution No. 8923
Page 2
the foregoing resolution was adopted this 20thday of April '1999.
Mayor Allen e
ATTES
Lee Price, 6ty Clerk
APPROVED AS TO FORM:
Ylgensj,
R 8923
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RESOLUTION NO. 8922 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ATTORNEY
WHEREAS, by Resolution No. 6689 (1989 Series), the City Council appointed
Jeffrey Jorgensen as City Attorney; and
WHEREAS, the City Council has evaluated compensation factors for the City
Attorney under Section 3 of the Managerial Compensation Plan for Appointed Officials
et.al. (Resolution No. 8756 - 1998 Series); and
WHEREAS, by Resolution No. 8785 (1998 Series), the City Council established
compensation for City Attorney Jeffrey. Jorgensen,
NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective April 1, 1999, the City Attorney's salary shall increase
from $7,968 per month to $8,207 per month.
SECTION 2. Effective January 6, 2000, the City Attorney's salary shall
increase from $8,207 per month to $8,535 per month.
SECTION 3. Effective January 6, 2000, the City will discontinue paying the
City Attorney's share of the PERS Contribution (7 %). The 7% will be added to the base
salary, and reported as compensation to PERS. The employee will pay directly to PERS
their contribution amount on a pre -tax basis pursuant to Section 414 (h) (2) of the Internal
Revenue Code (IRC).
SECTION 4. All other compensation and benefits afforded the City Attorney
under the Appointed Officials Compensation Plan (Resolution No. 8756 - 1998 Series),
and the City Attorney Employment Agreement (Resolution No. 6689 - 1989 Series) not
superseded by the.above, shall remain in full force and effect.
SECTION 5. The City Council shall evaluate the performance of the City
Attorney annually.
On motion of Council Member Romero , seconded by Council
Member Schwartz , and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero
and Mayor Settle
NOES: None
R 8922
Page 1 of 2
Resolution No. 892PJ 999 Series)
Page 2
ABSENT: None
The foregoing Resolution was passed and adopted this 20tbay of April , 1999.
MAYOR ALLEN SETTLE
LEE PRICE, CITY CLERK
APPROVED AS TO FORM:
J
J
JEFFREY G. JORGENSEN, CITY ATTORNEY
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RESOLUTION. NO. 8921 (1999 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ADMINISTRATIVE OFFICER
WHEREAS, by Resolution No. 6198 (1987 Series), the City Council appointed
John Dunn as City Administrative Officer; and
WHEREAS, by Resolution No. 8784 (1998 Series), the City Council established
compensation for City Administrative Officer John Dunn.
NOW; THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective April 1, 1999, the City Administrative Officer's salary
shall-increase from $9,050 per month to $9,457 per month..
SECTION 2. Effective April 1,1999, The City Administrative Officer will
receive an additional five days of annual vacation leave.
SECTION 3. Effective January 6, 2000, the City Administrative Officer's salary
shall increase from $9,457 per month to $9,977 per month.
SECTION 4. Effective January 6, 2000, the City will discontinue paying the City
Administrative Officer's share of the PERS Contri bution (7 %). The 7% will be added to
the base salary, and reported as compensation to PERS'. The employee will pay directly to
PERS their contribution amount on a pre -tax basis pursuant to Section 414 (h) (2) of the
Internal Revenue Code (IRC).
SECTION 5. All other compensation and benefits afforded the City
Administrative Officer under the Appointed Officials Compensation Plan (Resolution
No. 8756 - 1998 Series), and the City Administrative Officer Employment Agreement
(Resolution No. 6198 - 1987 Series), not superseded by the above, shall remain in full
force and effect.
SECTION 6. The City Council shall evaluate the performance of the City
Administrative Officer annually.
On motion of Council Member Romero , seconded by Council
Member Schwartz , and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero
and Mayor Settle
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r i
Resolution No8921(1999 Series)
Page 2
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 20th day of April 1999.
MAYOR ALLEN SETTLE
APPROVED AS TO FORM:
NSE CITY ATTORNEY
R 8921
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RESOLUTION NO.8920 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING PACIFIC BELL'S 411 RATE INCREASE
WHEREAS, SBC/Pac Bell has applied to the California Public Utilities Commission for
permission to increase the charge of a local directory assistance call from $0.25 up to $1.10.
This is a 340% increase. In addition, SBC/Pac Bell is asking to raise the rate of an emergency
break - through call from $1.00 to $5.00; and
WHEREAS, public safety agencies such as police, fire and paramedic services frequently
use local directory assistance and emergency interrupt services, and this increase would create a
tremendous financial burden for these government agencies, and
WHEREAS, the affect of these increases would dramatically impact the elderly, those
with physical disabilities, and low income households; and only those with physical disabilities
that file an exemption with SBC/Pac Bell would be exempted; and
WHEREAS, SBC/Pac Bell controls over 97% of the local service markets it serves; and
WHEREAS, unlike long distance information services, by virtue of SBC/Pac Bell's
monopoly there is no competitor that has as accurate and up -to -date information as SBC/Pac
Bell, and
WHEREAS, most consumers associate local directory assistance with the numbers 411,
not any other dial around number.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the City strongly opposes SBC/Pac Bell's application for these excessive rate increases. We
furthermore encourage SBC/Pac Bell to withdraw its application until a time when consumers
have a competitive choice for their local services:
Upon motion of Vice Mayor Romero , seconded by Council Member Schwartz
and on the following roll call vote:
AYES: Council Members :;Ewan, Marx, Schwartz, Vice Mayor Romero and
NOES: None Mayor Settle
ABSENT: None
R 8920
Page I of 2
Resolution No. 8920 (1999 Series)
Page Two
the foregoing resolution was adopted this 20' day of April, 1999.
Mayor Allen
Lee Yrice, City Clerk
APPROVED AS TO FORM:
W3 F/I
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RESOLUTION NO. 8919 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION, THEREBY UPHOLDING THE DECISION TO APPROVE
USE PERMIT U 132 -98, BUT DELETING CONDITION NO. 14
ENDORSING A SECOND DRIVEWAY, FOR
PROPOSED DEVELOPMENT AT 1150 LAUREL LANE
WHEREAS, the Planning Commission conducted a public hearing on February 10, 1999,
and ultimately recommended approval of the rezoning (R 132 -98) to change the designation on
the City's zoning map from M, Manufacturing, to M -MU, Manufacturing with the Mixed Use
overlay zoning, as well as approved a required use permit (U 132 -98), for property located at
1150 Laurel Lane; and
WHEREAS, H.C. Harbers Jr., project representative, filed an appeal of the Planning
Commission's action on February 18, 1999, based on a concern with Condition No. 14 of U 132-
98 as approved by the Planning Commission; and
WHEREAS, the City Council conducted a public hearing on, April 6, 1999, and has
considered testimony of the applicant/appellant, interested parties, the records of the Planning
Commission hearings and actions, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the project is consistent with the General Plan
and other applicable City ordinances.
WHEREAS, the City Council has considered the Negative Declaration with Mitigation
Measures (ER 132 -98) as prepared by staff and reviewed by the Planning Commission.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
R8919
C
Resolution No. 8919 (1999 Series)
Page 2
SECTION 1. Findings. That this Council, after consideration of the proposed project (U
132 -98), the appellant's statement, staff ,recommendations and reports thereof, makes the
following findings:
1. The project's mixed uses are consistent with the general plan and are compatible with the
surroundings, with neighboring uses, and with each other, subject to the limitations on types
and sizes of uses regulated by conditions.
2. The project's design, limiting uses, and physically separating office and warehouse entries,
protects the public health, safety and welfare.
3. The location and size of the site, and the siting of the building on the property are conducive to
establishing an unique variety of land uses that are compatible with surrounding uses including
residences, offices and'the railroad bike path.
4. The mixed uses provide greater public benefits than single use development of the site
including:
• services which benefit on -site workers, as well as neighbors;
• reduce auto travel by providing services and jobs in close proximity to nearby housing, and
• support for the development of alternative transportation opportunities by providing facilities
and services to support the adjacent bicycle path.
5. The project is consistent with the General Plan, including policies on government office
locations, with the recommended condition regarding restrictions on types of government
offices that potentially could locate at the-site.
6. A Negative Declaration with Mitigation Measures was prepared by the Community
Development Department on January 12, 1999, which describes significant environmental
impacts associated with the proposed rezoning and associated project development. The
Negative Declaration concludes that the project will not have a significant adverse impact on
the environment subject to the mitigation measures shown in the attached initial stud_ y ER
132 -98 being incorporated into the project.
SECTION 2. Action. The appeal is hereby upheld, and the action of the Planning
Commission to approve Use Permit U 132 -98 is modified to delete Condition No. 14 endorsing
the development of a second driveway to serve the project. Therefore the use permit is approved,
Resolution No. 8919 (1999 Series)
Page 3
subject to the following conditions:
1. The use permit will become effective only if the City Council adopts an ordinance to change
the site's zoning to M -MU.
2. A maximum of 100,000 gross square feet of floor space in the modified larger manufacturing
building on the site may be occupied by professional office uses.
3. Except as otherwise noted in these conditions of approval, all requirements included in the
zoning regulations for the M zone shall apply. The list of M zone uses shall apply as amended
through conditions of this use permit allowing some retail uses and large offices with some
restrictions.
4. Some uses, not otherwise allowed in the M zone, such as retail sales and repair of bicycles,
specialty retail sales and museums, may be established in proposed stationary railroad cars
through the approval of an administrative use permit. The M zone already allows restaurants
and snack shops through the administrative use permit process. These uses may also be
considered in proposed stationary railroad cars.
5. A Planning Commission use permit shall be required for any requests to establish a school at
the site, other than the types of specialized technical schools that are already allowed by the
underlying zoning. The use permit shall focus on adequate separation of the school from
other uses that might pose safety issues, provision of places for parents to drop -off and pick-
up children and suitable outdoor use and play areas for children.
6. More than one office tenant may occupy office space on the site, but no single professional
office tenant may occupy less than 2500 square feet of adjacent, interconnected floor area.
7. The following types of office- related uses are prohibited: banks, real estate offices, financial
institutions, medical clinics, doctors offices, and lawyers offices.
8. Government agencies not functionally related to general government, social services, or health
care operations, as specified in the General Plan Land Use Element Section 5.1 may be allowed
at the site through the approval of an administrative use permit where it can be demonstrated
that there is limited need for public visitation. The Hearing Officer may refer these requests to
the Planning Commission if the request raises potentially significant General. Plan consistency
issues.
9. The proposed train cars shall not encroach within existing City easements, nor shall they
impact existing and future City facilities and operations within said easements.
10. The existing trees planted over the public sewer main are of concern to the City. All trees
Resolution No. 8919 (1999 Series)
Page 4
shall be required to be removed from the sewer easement and replaced with new trees at more
appropriate locations, to the satisfaction of the Utilities Engineer, City Arborist and Director
of Public Works.
11. The Public Works Department is agreeable to a private bike path connection to the new
public bike path. The exact alignment and elevation of the connection may be adjusted so as
to minimize impacts to the drainage channel (on -site & offsite), trees, minimize grading and
accommodate existing public improvements (eg water main, fiber optic conduits, irrigation
system components, lighting infrastructure, landscaping, etc.) to the satisfaction of the
Director of Public Works.
12. All off -site improvements shall be constructed in accordance with City's Railroad Bicycle
Path -Phase I, Specification No. 9098. All new improvements, or modifications to existing
bike path improvements shall be warranted by the applicant for a period of one year
following the final inspection. The applicant shall sign an agreement and provide a surety
guarantee (in a form acceptable to the City; eg - Letter of Credit) prior to the start of any
work, to the satisfaction of the Director of Public Works.
13. In accordance with the Airport Land Use Commission's action of August 19, 1998, an
avigation easement shall be recorded over the project site prior to final approval or
implementation of the rezone. All subsequent discretionary and subdivision permits on the
project site shall also be required to record avigation easements.
On motion of Council Member Ewan, seconded by Vice Mayor Romero, and on the
following roll call vote:
AYES` Council Members Ewan, Marx and Schwartz, and Vice Mayor Romero
NOES'. None
ABSENT: Mayor Settle
The foregoing resolution was passed and adopted this 6th day of April _,1999.
Resolution No. 8919 (1999 Series)
Page 5
ATTE B
Lee Price, City Clerk
APPROVED AS TO FORM:
Vice Mayoi Dave Romero
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