HomeMy WebLinkAbout8975-8983RESOLUTION NO. 8983 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DESIGNATING CITY -OWNED PROPERTY AT 871 MARSH STREET AS A PUBLIC
WAY IN CONNECTION WITH THE MARSH STREET GARAGE EXPANSION
PROJECT
WHEREAS, the City of San Luis Obispo desires to complete the expansion of the Marsh
Street Garage; and
WHEREAS, the existing entrance lane to the Marsh Street Garage is used as a public
access for entering the garage and private property owners gaining access to their property; and
WHEREAS, the expansion of the Marsh Street Garage will maintain the current entrance
lane as the only ingress to the garage and adjoining private property; and
WHEREAS, the designation of the entrance lane to the Marsh Street Garage as a public
way will benefit adjoining property owners and the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the area shown and described in Exhibit A is hereby designated as a public way.
Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz,
and on the following roll call vote:
AYES: Council Member Schwartz, Vice Mayor Romero and Mayor Settle
NOES: Council Members Ewan and Marx
ABSENT: None
The foregoing resolution was adopted this 16' day of November, 1999.
APPROVED AS TO FORM:
Attorney
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871 WARSH 003 -527 -015
Legal destxiption of the public way for the Marsh Street Garage expansion:
The Southwesterly 10 feet of Lot 8 and the Northeasterly 15 ft of Lot 7 in Block
100 of the Mission Vineyard Tract, in the City of San Luis Obispo, County -of San
Luis Obispo, State of California, as per map filed March 8, 1873 in Book A, Page
143 of Maps, in the office of the County Recorder of said County.
APN 003 - 527 -015
EXHIBIT A
END OF DOCUMENT
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'Doc No: 1999-084550
Rpt No: 00105081
RECORDING REQUESTED BY Official Records ;NF -1 0.00,
AND WHEN RECORDED MAIL TO: San Luis Obispo co. ;
Julie L. Rodewald ;
City lerk's Office Recorder ;
Y Dec 03, 1999 ;
CITY OF SAN LUIS OBISPO Time: 14.42 ;
990 Palm Street
San Luis Obispo, CA 93401 3]- _ 'T TAL
RESOLUTION NO. 8983 (1999 SERIES)
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RESOLUTION NO. 8982 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO WORK
COLLABORATIVELY WITH THE SAN LUIS OBISPO COUNTY ARTS COUNCIL TO
SUBMIT A GRANT APPLICATION TO THE UNITED WAY OF SAN LUIS OBISPO
COUNTY FOR AFTER SCHOOL ENRICHMENT ACTIVITIES
WHEREAS, parents and children in the City's Sun `N Fun and S.T.A.R. child care
programs have indicated an interest in the expansion of after school enrichment activities; and
WHEREAS, the national child care movement encourages the inclusion of enrichment
activities in after school curricula; and
WHEREAS, the San Luis Obispo County Arts Council has agreed to work
collaboratively with the City's Parks and Recreation Department to secure funding for
enrichment activities;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That the City Council hereby grants approval for the City of San Luis
Obispo Parks and Recreation Department to collaborate with the San Luis Obispo County Arts
Council to submit a grant application to the United Way of San Luis Obispo County for funding
to provide and expand enrichment opportunities within the City's child care programs.
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
The foregoing resolution was adopted this 16" day of November, 1999.
Mayor Allen Settle
Resolution 8982 (1999 Series)
Page 2
APPROVED AS TO FORM:
J J g en, ity Attorney
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RESOLUTION NO. 8981 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO, CALIFORNIA,
APPROVING CO- SPONSORSHIP OF A REQUEST BY HERITAGE SHARED
FOR A HERITAGE HOMES TOUR AND OPEN HOUSE
WHEREAS, Heritage Shared is a community organization dedicated to expanding
public awareness and appreciation of the City's historic sites, buildings and other cultural
resources; and P
WHEREAS, Heritage Shared has proposed a fundraising tour of selected historic San
Luis Obispo homes, to be conducted by Heritage Shared and community volunteers; and
WHEREAS, to help make the event as successful as possible, Heritage Shared has
requested City co- sponsorship, including in -kind support.
NOW, THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council as
follows:
SECTION 1. Findinss.
a. The proposed event is consistent with General.Plan policies and Historic
Preservation Program Guidelines in that it will promote community
awareness, understanding of and appreciation for the community's
unique historic and cultural resources.
b. The proposed event is consistent with City Administrative Policies for
Co- sponsorship of Special Events.
SECTION 2. Co- Sponsorship Approved.
a. The City Council hereby approves City co- sponsorship of the event, as
described in the attached Exhibit, and agrees to provide the following in-
kind support, subject to availability of city facilities, insurance
requirements and payment of incidental costs, where applicable:
1) Copies and mailing of event flyers;
2) Use of City Parks and Recreation building for parking and a
reception on the day of the tour, subject to payment of staffing
costs;
3) Use of City Trolley and driver to transport tour participants,
subject to vehicle availability and payment of contractor driver
costs.
Resolution 8981 (1999 Series)
Page 2
SECTION 3. Compliance with Administrative Policies.
City co- sponsorship is approved subject to the requirement that Heritage Shared comply
with the Administrative Policies for Co- Sponsorship of Special Events.
On motion of Council Member Schwartz, seconded by Vice Mayor Romero, 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 passed and adopted this 2' day of November, 19 9.
Mayor Allen . Settle
APPROVED:
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Exhibit: Heritage Homes Tour Proposal
Resolution 8981 (1999 Series)
Exhibit
Page 3
HERITAGE SHARED
San Luis Obispo Historic Homes Tour Proposal
July 9, 1999
Dear CHC member:
Heritage Shared is planning a fundraising tour of selected San Luis Obispo
historic homes. The event is planned from 1 to 4 p.m., on Sunday, April 23, 2000, to
be conducted by Heritage Shared and by members of the Cultural Heritage
Commission. Heritage Shared hopes to use the City's Parks and Recreation
Administration building on Nipomo St as a staging area for tour goers: for parking,
refreshments, and exhibits. Our members and other volunteers would serve as on -site
docents and tour guides. We will provide publicity, tickets,.insurance, and
refreshments.
Participation by the CHC will implement the CHC goals of public education and
community awareness of the importance of historic preservation.
Funds raised by the event will be used for education:
• To buy a small library of local historic books for each San Luis Obispo
elementary and secondary school.
• To fund a historic preservation project by a school.
• To provide small research grants for student History Day projects.
• To provide prizes for History Day projects.
PROPOSED BUDGET
EXPENSES
The preliminary estimated expenses are as follows:
Food: $500.
Insurance: $750.
Publicity, tickets, booklets, and exhibits: @ $3,700.
Costumes, etc: $500.
Protective maze and runners: $500.
Total: $5,950
INCOME
Ticket sales, 500 at $25:
the history, heft
$12,500
and culture of the Central Coast
Post Office Box 4614 • San Luis Obispo California 93403 • BOS -549 -9283
Resolution 8981 (1999 Series)
Page 4
To help make this event as successful as possible, Heritage Shared requests City
sponsorship with the following in -kind assistance from the City:
• Mailings
• Use of the City's Parks and Recreation Administration building for parking
and reception on day of tour.
• Provide custodial help on day of tour at Recreation building.
• Provide paper and copies for tour flyers.
• Provide the shuttle bus with city driver. We believe the shuttle is the key
concept for a successful tour that allows people to move freely between sites.
• Will reduce parking demand in surrounding neighborhoods.
• Will reduce air pollution.
• Will improve safety and convenience for tour goers.
We thank you for your support for this event which will help our schools provide
the resources to stimulate student interest in historic preservation
Astrid Gallagher,
Treasurer, Heritage Shared
��y- 9283
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RESOLUTION NO. 8980 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING CRITERIA AND SITE SELECTION PRIORITIES
FOR NEW SIDEWALK CONSTRUCTION PROJECTS
WHEREAS, the City desires that its citizens have available, safe, convenient and
suitably located sidewalks; and
WHEREAS, many areas of the City do not have such sidewalks; and
WHEREAS, the City desires such areas to be improved considering needs, hazards and
the wishes of the neighborhoods; and
WHEREAS, in 1998 the Council adopted a Pavement Management Plan that created
eight major street maintenance areas and one specifically for the Downtown; and
WHEREAS, said Plan directs that significant infrastructure improvements are to be
made within each maintenance area in a consistent and logical manner; and
WHEREAS, the Council is desirous of coordinating the New Sidewalk Construction
Projects with the Pavement Management Plan to the greatest degree possible..
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo adopts the following:
SECTION 1. General Coordination and Prioritization
a. The construction of new sidewalks should occur, to the maximum extent
possible, in coordination with the management areas defined by the
Pavement Management Plan and should be prioritized as follows:
1) Locations where safety can be improved, particularly safety of
children.
2) Locations with a demonstrated pedestrian need.
3) Locations responding to a petition of neighbors representing 50% of
the owners within a block.
b. The installation of new sidewalks should include flexibility in design
When considering topography and existing trees.
SECTION 2. Special Prioritization Prioritization
The Council at its discretion may consider construction of new sidewalks outside of the
area priorities established by the Pavement Management Plan. In such instances priority should
be given to:
a. Locations where safety can be improved, particularly safety of children.
b. Locations with a demonstrated pedestrian need.
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Resolution No. 8980 (1999 Series)
Page 2
C. Locations on arterials and collector streets that are near schools, parks,
churches, and community commercial centers.
d. Locations on local streets that are near schools, parks, churches, and
neighborhood commercial centers.
e. Completion of sidewalk continuity in residential and commercial
neighborhoods.
SECTION 3. The Council, when deciding upon locations for new sidewalk construction,
may consider the scenic nature of an area, the desires of a neighborhood, traffic flow, needs for
sidewalks in any of-the other maintenance areas and other judgment items as it sees fit.
SECTION 4. This resolution rescinds and replaces Resolution No. 6031 (1986 Series).
On motion of Council Member Schwartz, seconded by Vice Mayor Romero, 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 2" day of November, 1999.
May r Allen Settle
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8979 (1999 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS
AYERS PROPERTY ACQUISITION
WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of
the Statutes of 1989), which is intended to provide $10 million annually for a period of ten years for
grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and
mitigate the environmental impacts of modified or new public transportation facilities; and
WHEREAS, the Resources Agency has established the procedures and criteria for
reviewing grant proposals and is required to submit to the California Transportation Commission a
list of recommended projects from which the grant recipients will be selected; and
WHEREAS, said procedures and criteria established by the Resources Agency require a
resolution certifying the approval of application by the applicant's governing body before
submission of said application to the State; and
WHEREAS, the application contains assurances that the applicant must comply with; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of
California for acquisition or development of the project;,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
SECTION 1. Authorizes the filing of an application for the Environmental Enhancement
and Mitigation Program for grant assistance for the above project; and
SECTION 2. Certifies that said applicant will make adequate provision for operation and
maintenance of the project; and
SECTION 3. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the completion
of the aforementioned project. Approved and adopted this 2nd day of November, 1999.
On motion of Council Member Schwartz, seconded by Vice Mayor Romero and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
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Resolution 8979 (1999 Series)
Page 2
The foregoing resolution was adopted this 2' day of November, 1999.
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Allen K. Settle, Mayor
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8978 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE CONTINUATION OF EXPANDED HOURS OF OPERATION FOR
THE FOOD 4 LESS STORE AT 3985 SOUTH HIGUERA (U 37 -98)
WHEREAS, the City Council conducted a hearing on October 19, 1999 to consider the
one year review of the expanded hours of operation, testimony of interested parties, and the
evaluation and recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the one year review of
the expanded the hours of operation for Food 4 Less, public testimony, staff recommendation and
reports thereof, makes the following findings:
On July 2, 1996, the City Council approved Use Permit A 6 -96 with the condition that the
hours of operation be limited to 6:00 a.m. to 10:00 p.m. in response to neighborhood concern
regarding the potential for adverse impacts from late night noise, glare from lighting and
traffic;
2. On October 20, 1998 the City Council approved a request to modify Condition No. 3 of Use
Permit A 6 -96 to extend the hours of operation of the Food 4 Less business to midnight for a
six -month trial period and to 24 -hours for a second six -month trial period if no written
complaints have been received by the City regarding impacts from the expanded hours,
followed by a one -year review of the expanded hours of operation by the City Council; and
3. Since October 21, 1998, the Food 4 Less business has been operating with the expanded
hours of operation and no written complaints regarding the expanded hours have been
received by the City.
SECTION 2. Approval. The continuation of the expanded hours of operation to 24
hours for Food 4 Less is hereby approved. On motion of Vice Mayor Romero, seconded by
Council Member Marx, and on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Romero, and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was passed and adopted this 19 th day of October, 1999.
.. .
Resolution.No. 8978 (199y Series)
Page 2
ATTEST:
City C &k Lee
APPROVED AS TO FORM:
RESOLUTION NO. 8977 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO AMEND PREVIOUSLY - APPROVED PLANS
TO ALLOW A 1.5 -FOOT SIDE YARD SETBACK FOR A LOFT ADDITION
TO THE FRONT HOUSE LOCATED AT 1535 CARMEL ST.
(MODIFICATION TO USE PERMIT A 46 -98)
WHEREAS, the City Council conducted a public hearing on October 19, 1999, to
consider a modification to a previously- approved Administrative Use Permit A 46 -98 to allow a
reduced side yard setback from 4 feet to 1.5 feet for a loft addition to the front house at 1535
Carmel Street; and
WHEREAS, the City Council had previously conducted a public hearing on July 7, 1998,
and considered two separate appeals of the Planning Commission's action to approve
Administrative Use Permit A 46 -98 which allowed: further development of a non - conforming
lot, an addition to a non - conforming building; and a reduced side yard setback from 8 feet to 4
feet; based on findings, and with conditions; and
WHEREAS, Kim Martin, a neighbor of the project who lives at 1521 Carmel Street, filed an
appeal of the Planning Commission's action on June 2, 1998, because she felt that the proposed
loft in the rear detached bedroom should be eliminated, and that the new building was both too
large and too tall for its intended purpose; and
WHEREAS, William E. Tickell, the applicant, also filed an appeal of the Planning
Commission's action on June 5, 1998, because he did not want to further reduce the floor area of
the proposed detached bedroom; and
WHEREAS, the City Council conducted a public hearing on July 7, 1998, and considered
testimony of the two appellants for their different reasons, interested parties, the records of the
Planning Commission hearings and action, and the evaluation and recommendation of staff, and
approved the Administrative Use Permit A 46 -99 with a modification to the wording of
Condition No. 3 and upholding the other conditions endorsed by the Planning Commission as
reflected in City Council Resolution No. 8824 (1998 Series).
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findinas. That this Council, after consideration of the requested
modification to the previously- approved Administrative Use Permit A 46 -98 to allow a reduced
side yard setback from 4 feet to 1.5 feet for a loft addition to the front house at 1535 Carmel
Street; staff recommendations and reports thereof, makes the following findings:
1. The side yard setback exception will not adversely affect the health, safety and welfare or
persons residing at the site or in the vicinity, with the recordation of the easement to maintain a
minimum of 10 feet of separation between the house and any buildings on the adjacent
property to the southeast.
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Resolution No. 8977 (1999 Series)
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2. No useful purpose would be achieved by requiring the full side yard.
3. No significant fire protection, emergency access, privacy or security impacts are likely as a
result of the side yard setback reduction.
4. The exception is of a minor nature and will not significantly affect the solar access of the
adjacent property.
The 10 -foot separation easement is consistent with goals of the Uniform Building Code to
protect fire safety, and the purpose of yards defined in the City's Zoning Regulations to
maintain adequate distance between buildings on adjacent properties for aesthetic and solar
access reasons, and to create a regular pattern of building masses in neighborhoods.
SECTION 2. Modification approval. The requested side yard reduction from the previously
approved four feet to 1.5 feet is approved. All of the conditions of the use permit approved by
the City Council on July 7, 1998, that are contained in City Council Resolution No. 8824 (1998
Series) remain in effect with the following revision to Condition No. 5:'
The applicant shall submit a recordable instrument to maintain a minimum of 10 feet of
separation between the existing main house with addition and buildings on the adjacent
property to the southeast for the review and approval of the Community Development
Director prior to the issuance of a building permit.
On motion of Vice Mayor Romero, seconded by Council Member Schwartz and on the
following roll call vote:'
AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
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The foregoing resolution was passed and adopted this 19'b day of October, 1999.
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Mayor Allen Settle
Lee Price, City Clerk
Resolution No. 8977 (1999 Series)
Page 3
APPROVED AS TO FORM:
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RESOLUTION NO. 8976 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR A 10 -UNIT RESIDENTIAL
CONDONE NIUM SUBDIVISION AT 680 FOOTHILL BOULEVARD
(TR 138 -99; COUNTY TRACT MAP NO. 2338)
WHEREAS, the Planning Commission conducted a public hearing on September 22,
1999, and recommended approval of Tentative Tract Map 138 -99; and
WHEREAS, the City Council conducted a public hearing on October 19, 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 proposed subdivision is consistent with the
General Plan, the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with Mitigation Measures as prepared by staff and reviewed by the
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration with Mitigation Measures adopted on April 19, 1994 adequately addresses the
potential significant environmental impacts of the proposed project. The Council hereby
determines that the past Negative Declaration with Mitigation Measures is adequate.
SECTION 2. Findings. That this Council, after consideration of the Tentative Tract
Map 138 -99, and the Planning Commission's recommendations, staff recommendations, public
testimony, and reports thereof, makes the following findings:
1. The design of the subdivision with its ten lots is consistent with the density and housing.
policies of the City's General Plan.
2. The site is physically suited for the type and density of development allowed in the R -4 zone
and will comply with all applicable City development standards, as conditioned by the
Architectural Review Commission (ARC). The ARC approved a minor exception to setback
standards (from 14' to 10') to allow front porches of units along Foothill Blvd. to encroach
into the street yard.
The design of the subdivision will not cause serious health problems or result in significant
environmental impacts as outlined in the Negative Declaration with Mitigation Measures
prepared for the project (ER 10 -94).
R 8976
Resolution No. 8976 (1999 Series)
Page 2
4. The Public Works Department has assured that the design of the subdivision will not conflict
with easements for access through (or usage of property within) the proposed subdivision.
SECTION 3. Conditions. The tentative map for Tract 138 -99 (County Tract Map No.
2338) is approved subject to the following conditions, and one code requirement:
Conditions
1. Each lot shall be served with separate water, gas, electric, telephone and cable TV services to
the satisfaction of the Director of Public Works. A common sewer may be provided to serve
all lots. The on -site sewer system shall be privately owned and maintained.
2. The subdivider shall, dedicate a 6 -foot wide public utility easement and 10 -foot wide street
tree easement adjacent to Foothill Boulevard.
3. The large evergreen Ash on the west side of the property is to remain and be protected. The
Liquid Amber near the front of the property should also be retained. All other trees may be
removed. However, in the event that the Ash tree cannot be retained, it may be removed and
replaced to the approval of the Public Works Director.
4. The developer shall install tree protection fencing prior to the start of any work (including
clearing & grubbing, site clean-up and demolition), to the satisfaction of the City Arborist.
Tree protection fencing shall remain intact until the final inspection is approved or upon release
by the City Arborist.
All boundary monuments, lot corners 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
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.
6. The final map 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 Director of Public Works.
A public pedestrian easement shall be dedicated adjacent to the driveway to accommodate a
sidewalk at the back of the driveway ramp, per City standards.
8. Additional drainage easements should be created along the Easterly and Westerly property
lines where the rear yards drain toward the street. The 20 -foot wide access easement through
the center of the site shall also include an easement for drainage and utilities.
Resolution No. 8976 (1999 Series)
Page 3
The subdivider shall mitigate potential noise impacts on future residents of the project by
constructing all units in accordance with State standards for maximum interior noise levels,
as recommended by Initial Study ER 10 -94.
10. The project's overall energy efficiency shall exceed applicable State standards by an amount
equal to or greater than the energy savings which would be attributed to provision of solar
water heating.
11. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's)'to be approved by
the Community Development Director prior to final map approval. CC &R's shall contain the
following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
b. Grant to the city the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the city to inspect the site at mutually agreed times to assure conditions of
CC &R's and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor "storage of boats, campers, motorhomes, or trailers nor long -term storage
of inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &R's without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department.
CC &R's shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
Resolution No. 8976 (1999 Series)
Page 4
k. State that the adjacent property is zoned R-4 and may in the future be developed with
more intensive land uses than presently exist on the site.
1. The CC &R's shall disclose that the downstairs rooms in the units shall not be used as
a bedroom per City requirements.
12. Subdivider shall install a unit identification plan with directory at the project's entrance, to
the approval of the Community Development Director.
13. The rear property line sound wall shall be constructed prior to new building construction.
14. The applicant shall provide an exhibit clearly delineating the extent of the common area
under the Homeowner Association's control.
Code Requirement
1. The applicant shall pay park -in -lieu fees consistent with SLO Municipal Code Section
16.40.080.
Upon motion of Council Member, seconded by Council member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 19' day of October, 1999.
Mayor Allen`Sedle
Resolution No. 8976 (1999 Series)
Page 5
APPROVED AS TO FORM:
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RESOLUTION NO. 8975 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE TRACT 102 -96, SUBDIVIDING A 222 -
ACRE SITE INTO 148 RESIDENTIAL PARCELS AND OTHER OPEN SPACE AND
DETENTION BASIN LOTS AT THE SOUTHWEST CORNER OF MADONNA AND
LOS OSOS VALLEY ROADS (TR 102 -96, County File No. 2307)
WHEREAS, the Planning Commission conducted a public hearing on September 8,
1999 and recommended approval of Vesting Tentative Tract Map TR 102 -96; and
WHEREAS, the City Council conducted a public hearing on October 19, 1999 and has
considered testimony of other 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 proposed subdivision is consistent with the
General Plan, , the Zoning Regulations, and other applicable City ordinances with approval of
the requested PD zoning; and
WHEREAS, the City Council has considered the DeVaul Ranch environmental impact
report (EIR) certified by the City Council in December; 1998 for its adequacy in evaluating this
request.
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 DeVaul Ranch EIR
certified by the City Council in December, 1998 adequately addresses the potential significant
environmental impacts of the proposed project.
SECTION 2. Findin s. That this Council, after consideration of the Vesting Tentative
Tract Map TR 102 -96 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 which designates this area as Medium Density Residential.
2. The site is physically suited for the type and density of development allowed in the R -1-
PD, R -2 -PD, and R -3 -PD zones.
3. As conditioned, the DeVaul Ranch phasing plan for development is consistent with the
City's one percent annual growth limit.
3. As conditioned, 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 subdivision will not have a significant adverse impact on the environment, subject to
the mitigation measures of the Final Environmental Impact Report (EIR) certified by the
Resolution No. 8975 (1999 Series)
Page 2
City Council on December 15, 1998, being incorporated into the project and the mitigation
monitoring program adopted with the EIR approval being followed.
SECTION 3. Approval. The request for approval of Vesting Tentative Tract Map for
TR 102 -96 (Tract 2307) is approved subject to the following mitigation measures, development
phasing schedule, conditions and code requirements:
(Mitigation Measures)
1. The subdivider shall comply with all adopted mitigation measures for the DeVaul Ranch
EIR. Those include aesthetics, cultural resources, biological resources, geology and
soils, utilities, affordable housing, traffic and circulation, noise, and air quality.
2. The subdivider shall create a "Maintenance Association" to facilitate long -term care of
the landscaping.
3. The subdivider shall retain the row of cypress trees along Madonna Road and provide an
approximately 8 foot wide buffer /landscape space between the edge of pavement and the
trunks of the trees.
4. The subdivider shall design the DeVaul ranch house drainage /detention basin(s) to appear
as a naturally occurring feature and revegetate the perimeter with native plants and trees
to further reduce its engineered appearance.
5. The open drainage channel along the base of the Irish Hills shall be designed so it appears
as a naturally occurring feature of the landscape rather than an engineered drainage
channel. If used, concrete lining shall be minimised and shall be an earth tone color.
Contour grading, aesthetic consideration of rock placement, and appropriate native
vegetation shall be integral to the design. The drainage channel shall be designed to
enhance the adjacent pedestrian experience as much as possible.
6. The subdivider shall provide a screen including fencing, shrubs, and trees between the
project's apartment development area and the adjacent Laguna Ranch property to the
southeast.
7. The subsurface area within the DeVaul Ranch house complex must not be disturbed, or a
qualified archaeologist must conduct subsurface test excavations consistent with City
requirements and follow subsequent procedures as detailed in the project's mitigation
monitoring program. These mitigation measures shall be listed on the project's
construction and public improvement plans to ensure all contractors are aware of the
requirements.
8. The subdivider shall dedicate 184 acres of land zoned C /OS -160 (37.9 acres of which is
dedicated as an annexation requirement for open space) as shown on the tentative map.
Resolution No. 8975 (1999 Series)
Page 3
9. All slopes will incorporate run -on and runoff control measures, subsurface drains, and
other improvements as necessary to minimize the potential for erosion and excessive
moisture conditions in soils beneath building foundations, roadways, curbs, and
sidewalks.
10. The designs of all foundations, roadways, curbs, and other structures shall be reviewed
by a geotechnical engineer to ensure that they are compatible with the soils properties and
conditions of the project site.
11. Grading operations shall be monitored by or under the direction of a geotechnical
engineer to ensure proper selection and compaction of fill and to identify any
undiscovered soil conditions or features that might affect the construction of the
development.
12. The applicant shall provide affordable housing consistent with Policy 1.22.1 of the
Housing Element.
13. All project related construction shall be limited to the.hours of Monday - Saturday lam to
7pm.
14. Clearly post noise restrictions on -site until the proposed project is completed.
15. The subdivider shall note the air quality mitigation measures on all construction plans.
(Growth Management Phasing Schedule)
1. The project shall comply with the residential growth management phasing schedule for
Irish Hills North as shown on the attached Exhibit A.
(Tentative Map Conditions)
1. An additional 63 feet of right -of -way along LOVR is required on the project side of the
street to accommodate the ultimate street configuration. R/W and traffic lane transitions
across the Madonna Rd. intersection shall be provided in accordance with the mitigation
measures established under the Environmental Impact Report for the project, including
modifications to the existing traffic signal at Madonna Rd. and Los Osos Valley Rd.
2. The sidewalk along the southerly side of Madonna Rd., adjacent to lot 148, shall be
constructed within a public pedestrian easement (contiguous with the Madonna Rd. R/W)
and within Lot 148, to the satisfaction of the Director of Public Works. An approximate
8 foot wide buffer /landscape space shall be provided between the edge of pavement and
the trunks of the Cypress trees per the project's Mitigation Monitoring Program.
3. Lot 155 shall be owned and maintained by the Homeowners Association and shall
incorporate a public pedestrian, utility and fire access easement. The subdivider shall
improve this area and the adjacent northwesterly off -site easement area (to be acquired by
Resolution No. 8975 (1999 Series)
Page 4
subdivider) to extend access and utilities to Quail Drive, to the satisfaction of the
Director of Public Works, Community Development Director and Fire Chief.
4. Off -site dedication of property for public right -of -way purposes is required to facilitate an
LOVR lane taper. The subdivider shall exhaust all avenues available to acquire the
public right -of -way dedication. In the event the subdivider is unable to acquire the
property, the City Council will lend the subdivider its powers of condemnation to acquire
the off -site right -of -way, including any necessary slope and drainage easements. If
condemnation is required, the subdivider shall pay all costs associated with the off -site
right -of -way acquisition (including attorneys and court costs).
5. Complete street improvements shall be constructed in accordance with the most current
City regulations, City of San Luis Obispo Engineering Standards and Standard
Specifications (integral curbs, gutters & 2m sidewalks, full width street pavement,
signing, striping, barricades, street lights, etc.) except as follows: The width, lane
configuration and sidewalk locations of internal streets may deviate from City standards,
as approved by the Director of Public Works. The modified street section shall be a 50
foot wide right -of -way with 35 feet curb to curb section (two 10' travel lanes and a 75
parking lane on each side) and 7.5 foot wide parkways on each side. The sidewalks shall
be 5 feet wide and setback 6.5 feet from the curb face, creating a 6 foot wide tree
planting and landscaped parkway area. The subdivider shall dedicate a 5 foot wide public
pedestrian and public utilities easement adjacent to all internal streets to accommodate the
proposed detached sidewalks. Landscaped parkways shall be maintained by the
homeowner's association.
6. All interior streets shall be designed to City standards with travels lanes of at least 10'
wide, to the satisfaction of the Director of Public Works and Fire Chief.
7. Vehicular access rights along Los Osos Valley Road shall be dedicated to the City, except
at the driveway location shown on the tentative map.
8. All street layouts and intersections (horizontal and vertical alignments, radii, sidewalk
configurations, lane widths, curb to curb dimensions, etc.) are subject to minor
adjustments and modifications, if deemed necessary by the Director of Public Works, for
safety and maintenance purposes.
9. The off -site acquisition and design of the property necessary to complete the connection
between this development and the Quail Dr. neighborhood shall occur prior to approval
of the final map, or if phased, during the first phase. The City shall lend its power of
eminent domain pursuant to Government Code Section 66462.5, if necessary, subject to
an agreement which provides for all costs to be borne by the subdivider. The subdivider
may construct a residence on the remainder of the lot as long as it complies with the
City's development standards for the R -1 zone.
Resolution No. 8975 (1999 Series)
Page 5
10. The subdivider shall dedicate a 2m wide public utility easement across the frontage of
each lot. The subdivider shall dedicate a 3m wide street tree easement across the
frontage of each lot. The overlapping easements shall be adjacent to and contiguous with
all public right of way lines bordering each lot.
11. If construction phasing of the new street pavement is proposed, the phasing shall provide
for the ultimate structural street section and pavement life (per the City's Pavement
Management Plan) prior to acceptance by the City. The engineer shall detail this
requirement in the public improvement plans, to the satisfaction of the Public Works
Director.
12. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the
Director of Public Works. The design of said lighting systems shall be coordinated by
the developer between the City and PG &E so as to minimize the amount of City owned
conduit and wiring system, to the satisfaction of the Director of Public Works.
13. If the City Arborist identifies trees requiring safety pruning, all pruning shall be
performed by a certified Arborist.
14. Plans shall have sufficient detail to assess the adequacy of the emergency vehicle
easement to Quail Drive. All weather access and fire protection water system shall be
installed and approved prior to any combustible construction. The design of this
easement shall be reviewed and approved by the City's Architectural Review Commission
and Fire Marshal.
15. Required access ways shall conform to current San Luis Obispo Fire Department
Development guidelines. All access ways within this project shall be designed as fire
lanes. The minimum access width shall be 20 feet and the vertical clearance shall not be
less that 13.5 feet. Dead end access roads in excess of 150 feet in length shall be
provided with an approved turn around. A temporary, all weather turn around shall be
installed and maintained in the area of Lots 79 and 80 until the road way in the adjoining
subdivision is completed. Required fire access ways (with minimum width) shall be
painted red with appropriate signage installed to prohibit parking.
16. Pedestrian access easements from the terminus of Streets B and C shall be provided to the
adjoining property to the southeast.
17. A no -build zone on the resulting slopes of the hillside lots after grading shall be provided.
18. Additional street trees shall be provided in the Madonna Road sidewalk next to the
detention basin to the satisfaction of the Director of Public Works and Community
Development Director.
�J
Resolution No. 8975 (1999 Series)
Page 6
19. Additional landscaping (and not paving) shall be provided in the bulb -out areas, to the
satisfaction of the Community Development Director.
20. The DeVaul Ranch house property may not be further subdivided for any development.
A covenant acknowledging this restriction shall be prepared by the applicant, approved
by the City Attorney, and submitted to the Community Development Department for
review, approval, and recordation, prior to final map recordation
21. The Quail Drive easement shall relocated to the north side of the Quail Drive lot.
22. In the title report for each property and in the project's CC &R's, the developer shall
disclose that the property may be impacted by noise or other activities associated with the
nearby airport and that the adjoining Froom Ranch Property is designated for commercial
development. Said language shall be to the approval of the City Attorney.
23. Lot 151 shall be owned and maintained by the Homeowner's Association (HOA) with an
irrevocable easement to the City for recreation purposes.
24. The proposed public park shall be designed and constructed by the developer and shall
meet American Disabilities Act (ADA) standards, to the satisfaction of the Director of
Parks & Recreation and Community Development Director. The developer shall be
responsible for all costs and maintenance of the park for a period of not less than one
year following acceptance of the improvements.
25. Final grades and alignments of all public water, sewer and storm drains (including
service laterals and meters) shall be subject to change to the satisfaction of the Public
Works Director and Utilities Engineer.
26. The subdivider shall provide all- weather access to all City owned facilities (manholes,
valve wells, drain inlets, etc.) located within easements in private property, to the
satisfaction of the Director of Public Works and Utilities Director.
27. Easements extending southerly from streets "B" and "C" shall also include rights to
construct and maintain public water, sewer and storm drainage systems.
28. The subdivider shall place underground, all existing overhead utilities along the public
street frontages and/or within the tract boundaries, to the satisfaction of the Public Works
Director and utility companies.
29. Additional on site (private) fire hydrants will be required for the apartment project and
shall comply with Fire Code spacing and densities. Landscaping shall not be located
within 3 feet of a fire hydrant. Planting materials should be carefully selected to prevent
obstructions or future maintenance problems.
Resolution No. 8975 (1999 Series)
Page 7
30. The on site distribution main shall be capable of supplying the required fire flow as
determined by the Fire Code.
31. 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
and shall make recommendations for appropriate improvements that will reduce flooding.
The development must be designed so as not to increase flooding potential downstream;
detention facilities will be required.
32. 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.
33. The proposed detention and siltation basins and related drainage improvements, shall be
privately owned and maintained by the Homeowners' Association (HOA). The storm
drainage facilities downstream of the detention basin and within public streets will be
accepted by the City. The HOA shall be required to provide annual maintenance and
status reports each Fall by a registered civil engineer for the basins and do necessary
repairs as recommended prior to the rainy season. This provision shall be included in the
CC &Rs for the tract.
34. The path/road providing access to the siltation basin shall be constructed as an all -
weather access, to the satisfaction of the Director of Public Works and Community
Development Director.
35. The drainage swale and related improvements within lot 152 (behind lots 51 -74) shall be
maintained by the HOA. Appropriate easements shall be provided to allow access and
maintenance of said drainage improvements, to the satisfaction of the Director of Public
Works and Community Development Director. This provision shall be included in the
CC &Rs for the tract.
36. Off -site easements for grading and drainage are required in order to discharge drainage
across the adjacent property to an adequate point of disposal.
37. Any necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be to the satisfaction of the Public
Works Director, Community Development Director, the City's Natural Resources
Manager and the Dept. of Fish & Game.
Resolution No. 8975 (1999 Series)
Page 8
38. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Public Works Director.
39. 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.
40. 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.
41. Water meters shall be manifolded in pairs, whenever practical.
42. The subdivider shall design the driveway entrance at the southeastern comer of Parcel
148 to provide for 2nly right turns into the project by southbound traffic on Los Osos
Valley Road. (Right turns out of the project shall be precluded because this driveway
configuration would introduce traffic into a merge lane.)
43. The subdivider shall install a transit stop on Los Osos Valley Road, as shown on the
tentative tract map, to include a concrete pad, transit shelter, trash container, transit route
sign and lighting. The precise location and design of these facilities shall be to the
approval of the Director of Public Works and Community Development Director.
44. Pedestrian Access: As shown on the tentative tract map, the public utility easements
(PUE) shall also be reserved and improved for pedestrian access throughout the tract
boundary, as follows:
• A pedestrian connection shall be provided across the south side of the
neighborhood park between "D" and "E" Streets.
• The PUE at the south end of "B" Street should be relocated to be adjacent to
the western property boundary for Lot 125 -D.
• Of specific importance is reserving non - vehicular access rights from the ends of
both "B" and "C" Streets to the southern tract boundary to enable non - vehicular
circulation to and from development on the adjoining parcel.
• Connection to Quail Drive.
Resolution No. 8975 (1999 Series)
Page 9
45. Walkways in Park: The walkways that extend through the neighborhood park (Parcels
149 and 150), shall intersect with "D" Street at the normal pedestrian crossing location
parallel to Madonna Road. (The sketch plan for the park included in the application
materials shows an offset which would encourage pedestrian crossings at an unexpected
location on "D" Street.)
46. Traffic Circle: All curb "bulb -outs" and "traffic calming" features shall accommodate
access by emergency response vehicles and garbage trucks, and shall be constructed to
avoid damage from large moving vans /trucks, to the satisfaction of the Director of Public
Works and Fire Chief. (e.g. - mountable curbs should be designed to withstand the
impacts incurred from fire trucks, garbage trucks & semi - trailer moving vans.)
Appropriate signs or directional facilities, to the approval of the Director of Public
Works, shall be provided and shall be visible from all approaches to the traffic circle that
foster its correct use.
47. Madonna Road Median: The metal railing that is shown around the curved portion of the
median nose shall be eliminated. The final design of the pedestrian refuge for crossing
Los Osos Valley Road (as shown in the "Center Median Design" detail in the
"Attachment to the Tentative Map") is subject to modification, specifically regarding
railing, curbing, landscaping and paving materials.
48. The applicant shall prepare and submit an Affordable Housing Agreement for City review
and approval per Section 17.19. 110 of the Zoning Regulations.
49. All traffic and pedestrian signage shall comply with international design standards.
50. Street name signs shall comply with the newly adopted City standards.
(Code Requirements)
1. Traffic impact fees are required to be paid prior to the issuance of a building permit.
2. EPA Requirement: General Construction Activity Storm Water Permits 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.
3. A water allocation is required, due to the addition of residential units. Currently, a water
allocation can only be obtained through the water retrofit program. The City's Water
Conservation division can help in determining the needed allocation and the necessary
�1
Resolution No. 8975 (1999 Series)
Page 10 .
number of retrofits. Water Conservation can be reached by calling 781 -7258.
4. Water and Wastewater Impact Fees are charged on a per residential unit basis and shall
be paid at the time building permits are issued. The cost of developing an allocation
through retrofit could offset a portion of the required Water Impact Fee according to
appropriate City policies.
5. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well.
6. On -site use of any well will be allowed to continue only on the parcel overlying the well.
7. Some off -site public sewer must be constructed in order to provide adequate capacity to
serve this project.
8. The applicant shall pay park -in -lieu fees consistent with SLO Municipal Code Section
16.40.080
Upon motion of Vice Mayor Romero, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 19th day of October, 1999.
Mayor Allen Settle
TTES
Lee Price, City Clerk
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