HomeMy WebLinkAbout8650-8674RESOLUTION NO. 8674(1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL OF THE HEARING OFFICER'S
ACTION, THEREBY APPROVING A SUBDIVISION OF TWO LOTS INTO THREE,
AT 61 BROAD STREET
(MS 157 -96)
WHEREAS, the Subdivision Hearing Officer conducted a public hearing on April 4, 1997,
and approved a subdivision of two lots into three at 61 Broad Street; and
WHEREAS, William McLennan appealed that action; and
WHEREAS, the City Council conducted a public hearing on May 20, 1997 and has
considered. testimony of interested parties, the records of the Subdivision hearing and action, and the
evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the Categorical Exemption from
requirements of the California Environmental Quality Act (CEQA) as prepared by staff and
reviewed by the Subdivision Hearing Officer,
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 is exempt from
CEQA because it is a Minor Land Division in an urbanized area (CEQA Class 15, Section
15315), where all standards are met, and this determination reflects the independent judgment of
the City Council. The Council hereby adopts said Categorical Exemption.
SECTION 2. The Council of the City of San Luis Obispo hereby denies the appeals and
upholds the Hearing Officer's action approving the subdivision based on the following findings:
Findings:
1. The design of the tentative map and proposed improvements, as conditioned, are consistent with .
the General Plan.
2. The site is physically suited for the type and density of development allowed in the High- Density
Residential, with Planned Development (R -4aPD) zone.
3. The design of the subdivision and the proposed improvements, as conditioned, 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.
R 8674
Resolution no. 8674 (1997 Series)
MS 157 -96
61 Broad Street
Page 2
5. The Community Development Director has determined that the proposed land division is exempt
from environmental review, because it meets all standards (Class 15, Section 15315).
6. The design of the proposed subdivision, including four lots, may not be physically suited to the
construction of another building on proposed lot 1.
SECTION 3. The approval is subject to the following conditions and code requirements:
Conditions:
1. The final map shall show a total of three parcels, with proposed parcel l combined with parcel 2 or
4, or otherwise reconfigured so that the property within parcel 1 is part of a lot that contains a
building.
2. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to
the City's control network. At least two control points shall be used and a tabulation of the
coordinates shall be submitted. with the final map. A 3.5" diameter computer floppy disk,
containing the appropriate data for use in AutoCAD (Digital Interchange Format,. DXF) for
Geographic Information system (GIS) purposes, is also required to be submitted to the City
Engineer. Any exceptionto this requirementmust be approved by the City Engineer.
3. The subdivider shall install a City standard handicap ramp at the corner of Ramona and Palomar,
to the satisfaction of the Public Works Director.
4. 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
(for example, 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.
5. A tree protection plan and tree preservation bond shall be submitted prior to any further .
development near or adjacent to the creek, to the satisfaction of the Director of Public Works. Any
future development shall not encroach within the dripline of any tree determined to be significant
by the City Arborist. All existing trees are to remain, with the exception of seven palms. No grade
changes are allowed within the dripline of any oaks. If asphalt beneath the dripline of oaks next to
the creek is removed during construction, protective fencing must be installed immediately to
protect the dripline area from construction traffic. No materials or vehicles are to be stored or
parked within the dripline of any oak. The City Arborist must be notified prior to removal of such
asphalt:
6. The developer shall install bicycle racks near the entrance of each building (two bicycles per rack).
Each building shall have bike lockers for two bicycles, or comparable enclosed spaces dedicated to
this use.
J'
Resolution no. 8674 (1997 Series)
MS 157 -96
61 Broad Street
Page 2
5. The Community Development Director has determined that the proposed land division is exempt
from environmental review, because it meets all standards (Class 15, Section 15315).
6. The design of the proposed subdivision, including four lots, may not be physically suited to the
construction of another building on proposed lot 1.
SECTION 3. The approval is subject to the following conditions and code requirements:
Conditions:
1. The final map shall show a total of three parcels, with proposed parcel l combined with parcel 2 or
4, or otherwise reconfigured so that the property within parcel 1 is part of a lot that contains a
building.
2. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to
the City's control network. At least two control points shall be used and a tabulation of the
coordinates shall be submitted. with the final map. A 3.5" diameter computer floppy disk,
containing the appropriate data for use in AutoCAD (Digital Interchange Format,. DXF) for
Geographic Information system (GIS) purposes, is also required to be submitted to the City
Engineer. Any exceptionto this requirementmust be approved by the City Engineer.
3. The subdivider shall install a City standard handicap ramp at the corner of Ramona and Palomar,
to the satisfaction of the Public Works Director.
4. 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
(for example, 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.
5. A tree protection plan and tree preservation bond shall be submitted prior to any further .
development near or adjacent to the creek, to the satisfaction of the Director of Public Works. Any
future development shall not encroach within the dripline of any tree determined to be significant
by the City Arborist. All existing trees are to remain, with the exception of seven palms. No grade
changes are allowed within the dripline of any oaks. If asphalt beneath the dripline of oaks next to
the creek is removed during construction, protective fencing must be installed immediately to
protect the dripline area from construction traffic. No materials or vehicles are to be stored or
parked within the dripline of any oak. The City Arborist must be notified prior to removal of such
asphalt:
6. The developer shall install bicycle racks near the entrance of each building (two bicycles per rack).
Each building shall have bike lockers for two bicycles, or comparable enclosed spaces dedicated to
this use.
Resolution no. 8674 (1997 Series)
MS 157 -96
61 Broad Street
Page 3
7. The engineer for the project shall submit water demand and wastewater generation calculations so
that the City can make a determination as to the adequacy of the supporting inrastructure. If it is
discovered that an off -site deficiency exists, the subdivider will be required to mitigate the
deficiency as a part of the overall project.
8. The subdivider must submit an agreement for common parking and access for all lots, along with
recording fees, to the approval of the Community Development Director.
9. The subdivider shall dedicate- a six - foot -wide public utility easement and a 10' -wide street tree
easement along all public street frontages, to the satisfaction of the Public Works Director.
10. Any bridging of the creek shall be in compliance with the City's Flood Management Policy Book
(specifically regarding clear- spanning of creeks) and approved by the City Council, Department of
Fish and Game, and Corps of Engineers.
11. 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 Director of Public
Works, The Community Development Director, Corps of Engineers and the Department of Fish
and Game.
12. Density on all parcels must be consistent with City regulations, as approved by the City Council in
its action on the Planned Development appeal.
Code Requirements:
1. The applicant shall submit a parcel map for approval and recordation. The map shall be prepared
by, or under the supervision of, a registered civil engineer or licensed land surveyor. The parcel
map shall be prepared in accordance with the Subdivision Map Act and Subdivision Regulations.
2. All parcels shall be served by individual water, sewer and utilities services.
3. Traffic impact fees are required to be paid prior to the issuance of abuilding permit.
4. A water allocation shall be developed for the proposed building on proposed parcel 3. Water
allocations may also need to be developed for parcel 2, if the remodeling results in increased
demand on the water system. The City's Water Conservation Division can help in determining the
needed allocation and the necessary number of retrofits.
5. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the
Water and the Wastewater Impact Fees are based on the size of the water meter serving each
parcel.
Resolution no. 8674 (1997 Series)
MS 157 -96
61 Broad Street
Page 4
6. All buildings shall have oil and sand to the satisfaction of the City's Industrial Waste
Coordinator.
7. EPA requirement: A General Construction Activity Storm Water Permit is 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,
that are a part of a larger common plan of development or sale, also require a permit. A permit is
required until the construction is complete. To be covered by a General Construction Activity
Permit, the owner of land where construction activity occurs must submit a completed "Notice of
Intent" (NOI) form, with the appropriate fee, to the State Water Board.
Upon motion of Council Member Romero , seconded by Council Member Williams
and on the following roll call vote:
AYES: Council Members Romero,Williams, Smith, Roalman, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 20 day of May ,1997.
ATTEST:
• l
ity Clerk Bo a Mayor Allen Settle
APPROVED AS TO FORM:
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SAN LUI
ACTION,
TO ALLOW CONVERSION OF AN EXISTING BUILDING TO SENIOR OCCUPANCY,
AND ALLOWING CONSTRUCTION OF AN ASSISTED -CARE FACILITY
(PD 15&96)
(CORRECTED COPY)
RESOLUTION NO .8 6 73 . (1997 Series)
WHEREAS, the Planning Commission conducted a public hearing on March 12, 1997, and
approved amendments to an approved planned development at 61 Broad Street; and
WHEREAS, William McLennan, Florence Tartaglia, Charlotte E. Moskiman, and Jan Scuri
filed appeals of that action; and
WHEREAS, the City Council conducted a public hearing on May 20, 1997 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 has considered the draft Negative Declaration with
mitigation of environmental impact 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 adequately addresses the potential significant environmental impacts
of the proposed amendment to the planned development,. and reflects the independent judgment of
the City Council. The Council hereby adopts said Negative Declaration:
SECTION 2. The Council of the City of San Luis Obispo hereby denies the appeals and
upholds the Planning Commission's action approving the amendments based on the following
findings:
Findings:
1. The facilities as designed or modified are suitable for senior occupancy.
2. The project will not adversely affect the health, safety, or general welfare of persons living or
working in the vicinity, because it will provide a. variety of living arrangements for elderly
persons, along with suitable amenities, within one area, allowing efficient use of facilities and
assistance to the elderly according to need.
3. Senior housing is appropriate at the proposed location and will be compatible with
surrounding land uses, because the use, in general, is quiet and easily integrated into a lower -
density residential neighborhood, and because the use is near shopping and health care
services.
n o e � n
Resolution no. 8673 (1997 Series)
PD 158-96
61 Broad Street
Page 2
4. The proposal conforms with the general plan, which says that group housing may be permitted
in high- density residential areas, where it is supportive of and compatible with high- density
dwellings.
SECTION 3. The approval is subject to the following mitigation measures and conditions:
Mitigation measures:
1. Mitigation Measure:.
The Architectural Review Commission shall evaluate the appropriateness of the new
building's scale (height, bulk and massing) in terms of compatibility with the surrounding
neighborhood. The issue of impacts to the view corridors of nearby residents shall also be
considered.
Monitoring Program:
Compatibility issues shall be addressed by the both the Planning Commission and the
Architectural Review Commission with their review of the project. Compliance with the
conditions of both these review bodies shall be overseen by Planning staff during building
permit plan check.
2. Mitigation Measure:
The applicant shall submit a detailed landscaping /creek restoration plan along with plans
submitted for final review and approval by the Architectural Review Commission. The
plan shall incorporate the recommendations of the botanical survey prepared by V.L.
Holland, Ph.D. dated December 1996 and incorporated into this study be reference. The
plans shall be routed to the City's Resource Manager for review and comment, and will
also require the review and approval of other agencies with regulatory control over work
done in the riparian corridor of Garden Creek, specifically the State Department of Fish
and Game and the U.S. Army Corps of Engineers.
Monitoring Program:
The Architectural Review Commission will ultimately approve the landscaping and creek
restoration plan. Community Development. Department staff will coordinate with other
regulatory agencies with jurisdiction over plans, review building permit plans to insure
consistency with ARC approvals and provide field inspections to confirm that installation
complies with plans.
3. Mitigation Measure•
Consistent with Measure:
recommendations included in the Seismic Safety Element, a detailed
soils engineering report needs to, be submitted at the time of building permit which
considers special grading and construction techniques necessary to address the potential for
liquefaction. It shall identify the soil profile on site and provide site preparation
I \
1
Resolution no. 8673 (1997 Series)
PD 158 -96
61 Broad Street
Page 3
recommendations to ensure against unstable soil conditions. Grading and building must be
designed and performed in compliance with the soils engineering report.
Monitoring Program:
The Community Development Department staff will review plans in conjunction with the
,soils engineering report through the building permit plan check process.
4. Mitigation Measure:
Oil and sand separators or other filtering . media shall be installed at each drain inlet
intercepting runoff as a means of filtering toxic substances from run off before it enters the
creek directly or through the storm water system. The separator must be regularly
maintained to ensure efficient pollutant removal.
Monitoring Program:
The Community Development and the Utilities Department staff (Industrial Waste
Coordinator) will review plans for compliance through the building .permit plan check
process and subsequent inspections.
5. Mitigation Measure:
Consistent with Municipal Code Section 15.04.040 X.. (Sec. 3307.2), 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 project construction:
a. Regular wetting of roads and graded areas (at least twice daily with complete coverage
of all active areas);
b. Increasing frequency of watering whenever winds exceed 15 mph;
c. Cessation of grading activities during periods of winds over 25 mph;
d. Direct application of water on material being excavated and /or transported onsite or
off -site;
e. Watering material stockpiles;
t. Periodic wash - downs, or mechanical street sweeping, of streets in the vicinity of the
construction site; and
g. Non - potable water is to be used in all construction and dust control work.
Monitoring Program:
Resolution no. 8673 (1997 Series)
PD 158 -96
61 Broad Street
Page 4
Grading practices shall be monitored by the Community Development Department staff
through field inspections during project construction.
6. Mitigation Measure:
In conjunction with required fire sprinkler and fire alarm systems, a graphic annunciator
panel shall be installed to the approval of the Fire Marshall.
Monitoring Programs
Compliance with this requirement shall be monitored through the review. of detailed plans
submitted for building permit primarily by the City's Fire. Marshall.
7. Mitigation Measure:
Traffic control signals shall have emergency preemption devices installed to expedite
emergency access.
Monitoring Program:
Compliance with this requirement shall be. monitored. through the review of detailed plans
submitted for building permit primarily by the City's Fire Marshall.
8. Mitigation Measure:
An emergency vehicle loading area shall be provided for the new assisted living_ facility.
The loading area shall be located as to minimize noise: and glare impacts to adjoining
neighbors and shall not block or otherwise compromise other required parking spaces.
Monitoring Program:
Design of the emergency vehicle loading area shall be reviewed and monitored through the
review of plans during architectural review and building permit plan check.
9. Mitigation Measure:.
Future site development shall incorporate:
* Skylights to maximize natural day lighting..
* Operable windows to maximize natural ventilation.
* Energy- efficient lighting systems for both interior and exterior use.
In the event operable windows and skylights are not feasible alternatives for tenant
operational reasons, buildings should be designed to exceed energy conservation standards
in the California Energy Code by 10%.
Monitoring Program:
Resolution no. 8673 (1997 Series)
PD 158 -96
61 Broad Street
Page 5
Compliance with this requirement shall be monitored through the review of plans
submitted for a building permit by the Community Development Department staff.
10. Mitigation Measure:
The developer shall install an oil and grease separator at an appropriate location in the
sewer system to the approval of the City's Industrial Waste Coordinator.
Monitoring Program:
The Utilities Department staff (Industrial Waste Coordinator) will review plans for
compliance through the building permit plan check process and-subsequent inspections.
11. Mitigation Measure:
o
The new assisted care facility and the remodeled building at 61 Broad shall incorporate
facilities for interior and exterior on -site recycling. A plan for recycling construction waste
shall be submitted to the Community Development Director . prior to building permit
issuance. Construction waste shall be'recycled in accordance with this plan.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community
Development Department staff.
12. Mitigation Measure:
All exterior lighting shall be designed to be directed downward and not cast glare onto
adjacent properties. The specific design of lighting shall reviewed through the required
architectural review process, with special attention given to the height and type of lighting
fixtures.
Monitoring Program:
Parking lot lighting shall be reviewed and monitored through the review of plans during
architectural review and building permit plan check.
13. Mitigation Measure:
An Archaeological Resources Inventory (ARI) shall be completed prior to final
architectural review of the project (Phase I report). In addition, a Subsurface
Archaeological Resource Evaluation (SARE) will be required for those areas of the site
where excavation is proposed. The report shall note that a qualified archaeologist will be
retained to monitor project grading and trenching activities. If excavations encounter
significant paleontological resources, archaeological resources or cultural materials, then
construction activities which may affect them shall cease until the extent of the resource is
determined and appropriate protective' measures are approved by the Community
Development Director. The Community Development Director shall be notified of the
Resolution no. 8673 (1.997 Series)
E�
PD 158 -96
61 Broad Street
Page 6
extent and location of discovered materials so that they may be recorded by a qualified
archaeologist.
Monitoring Prop-ram:.
Compliance with this requirement shall be monitored through the . review of plans
submitted for. architectural review and a building permit by the: Community Development
Department staff and subsequent inspections.
14. Mitigation Measure
If pre = historic Native American artifacts are encountered, a Native American monitor
should be called in to work with the archaeologist to document and remove the items.
Disposition of artifacts shall comply with "state and federal laws. A note concerning this
requirement shall be included on the grading and construction plans for the project.
Monitoring Program
Compliance with this _ requirement shall be monitored through the review of plans
submitted for a building permit by the. Community .Development Department staff.
Conditions:
Occupancy of the complex shall be limited to residents who are 62 years of age or older. The
maximum. occupancy of The Heritage. is .80 residents. The owners and _managers shall allow
the City to verify occupancy of the building by inspection of records or by a visual inspection
of the premises. Any inspection shall be scheduled at a reasonable time of day and shall be
preceded by a one -hour notice to the management. A notice must be submitted to the
Community Development Director, for approval and recordation, informing_ future owners of
this restriction.
2 A minimum of 185 parking spaces, 9 bicycle spaces, and 9 motorcycle spaces shall be
provided on the site at all times.
Thirteen parking spaces must be designated and maintained, four of which are accessible to
the handicapped and nine of which are for visitors, on the north side of The Heritage. Spaces
required for visitor and disabled parking at the Heritage may also be included in this location.
The parking area cannot be used for staff or resident parking. However, two spaces, if
possible, will be added for resident parking, making a total. of fifteen parking spaces on the
north side of The Heritage.
Bike racks must be installed near the entrance of each building (two bicycles per rack). Each
building shall provide bike lockers for two bicycles or comparable enclosed and marked
spaces, for the use of employees. No charge shall be made to employees for the use of these.
lockers.
Resolution no. 8673 (1997 Series)
PD 158 -96
61 Broad Street
Page 7
No specific number of parking spaces has been determined as appropriate for The Heritage at
this time. If necessary, such a determination will be made in the future.
The management and owners will establish an_ d enforce rules which require that staff and
residents park on site.
3. The final design of the assisted care facility must be to the approval of the Architectural
Review Commission.
4. If asphalt beneath the dripline of oaks near the creek is removed during construction,
protective fencing must be installed immediately to protect the dripline area from construction
traffic. No materials or vehicles are to be stored or parked within the dripline of any oak. The
City Arborist must be notified prior to removal of this asphalt.
5. The subdivider must submit an agreement for common parking and access for-all lots, along with
recording fees, to the approval of the Community Development Director.
Upon motion of Councilmember Romero , seconded by . Councilmember Williams, and on
the.following roll call vote:
AYES: Councilmembers Romero, Williams,,Smith,.Roalman, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 20th day of May 1997.
ATTEST:
,IWZ. 'Y
City Clerk i f
APPROVED AS TO FORM:
en
Mayor Allen Settle
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i
RESOLUTION No. 8673 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION, THEREBY APPROVING AMENDMENTS TO A PLANNED
DEVELOPMENT
TO ALLOW CONVERSION OF AN EXISTING BUILDING TO SENIOR OCCUPANCY,
AND ALLOWING CONSTRUCTION OF AN ASSISTED -CARE FACILITY
(PD 158 -96)
WHEREAS, the Planning Commission conducted a public hearing on March 12, 1997,
and approved amendments to an approved planned development at 61 Broad Street; and
WHEREAS, William McLennan, Florence Tartaglia, Charlotte E. Moskiman, and Jan
Scuri filed appeals of that action; and
WHEREAS, the City Council conducted a public hearing on May 20, 1997 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 has considered the draft Negative Declaration with
mitigation of environmental impact 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 adequately addresses the potential significant environmental impacts
of the proposed amendment to the planned development, and reflects the independent judgment
of the City Council. The Council hereby adopts said Negative Declaration.
SECTION 2. The Council of the City of San Luis Obispo hereby denies the appeals and
upholds the Planning. Commission's action approving the amendments based on the following
findings:
Findings:
The facilities as designed or modified are suitable for senior occupancy.
2. The project will not adversely affect the health, safety, or general welfare of persons living or
working in the vicinity, because it will provide a variety of living arrangements for elderly
persons, along with suitable amenities, within one area, allowing efficient use of facilities and
assistance to the elderly according to need..
R 8673
Resolution No. 86)
Page Two
Senior housing is appropriate at the proposed location and will be compatible with
surrounding land uses, because the use, in general, is quiet and easily integrated into a
lower - density residential neighborhood, and because the use is near shopping and health care
services.
4. The proposal conforms with the general plan, which says that group housing may be permitted
in high- density residential areas, where it is supportive of and compatible with high- density
dwellings.
SECTION 3. The approval is subject to the following mitigation measures and
conditions:
Mitigation measures:
Mitigation Measure:
The Architectural Review Commission shall evaluate the appropriateness of the new
building's scale (height, bulk and massing) in terms of compatibility with the surrounding
neighborhood. The issue of impacts to the view corridors of nearby residents shall also be
considered.
Monitoring Program:
Compatibility issues shall be addressed by the both the Planning Commission and the
Architectural Review Commission with their review of the project. Compliance with the
conditions of both these review bodies shall be overseen by Planning staff during building
permit plan check.
2. Mitigation Measure:
The applicant shall submit a detailed landscaping/creek restoration plan along with plans
submitted for final review and approval by the Architectural Review Commission. The
plan shall incorporate the recommendations of the botanical survey prepared by V.L.
Holland, Ph.D. dated December 1996 and incorporated into this study be reference. The
plans shall be routed to the City's Resource Manager for review and comment, and will
also require the review and approval of other agencies with regulatory control over work
done in the riparian corridor of Garden Creek, specifically the State Department of Fish
and Game and the U.S. Army Corps of Engineers.
Monitoring Program:
The Architectural Review Commission will ultimately approve the landscaping and creek
restoration plan. Community Development Department staff will coordinate with other
regulatory agencies with jurisdiction over plans,. review building permit plans to insure
consistency with ARC approvals and provide field inspections to confirm that installation
complies with plans.
3. Mitigation Measure:
Consistent with the recommendations included in the Seismic Safety Element, a detailed
Resolution No. 86. .�
Page Three
J
soils engineering report needs to be submitted at the time of building permit which
considers special grading and construction techniques necessary to address the potential
for liquefaction. It shall identify the soil profile on site and provide site preparation
recommendations to ensure against unstable soil conditions. Grading and building must be
designed and performed in compliance with the soils engineering report.
Monitoring Program:
The Community Development Department staff will review plans in conjunction with the
soils engineering report through the building permit plan check process.
4. Mitigation Measure:
Oil and sand separators or other filtering media shall be installed at each drain inlet
intercepting runoff as a means of filtering toxic substances from run off before it enters the
creek directly or through the storm water system. The separator must be regularly
maintained to ensure efficient pollutant removal.
Monitoring Program:
The Community Development and the Utilities Department staff (Industrial Waste
Coordinator) will review plans for compliance through the building permit plan check
process and subsequent inspections.
Mitigation Measure:
Consistent with Municipal Code Section 15.04.040 X. (Sec. 3307.2), 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 project construction:
a. Regular wetting of roads and graded areas (at least twice daily with complete
coverage of all active areas);
Increasing frequency of watering whenever winds exceed 15 mph;
c. Cessation of grading activities during periods of winds over 25 mph;
d. Direct application of water on material being excavated and/or transported onsite or
off -site;
e. Watering material stockpiles;
Periodic wash - downs, or mechanical street sweeping, of streets in the vicinity of the
construction site; and
g. Non - potable water is to be used in all construction and dust control work.
Monitoring Program:
Resolution No. 86',,
Page Four
Grading practices shall be monitored by the Community Development Department staff
through field inspections during project construction.
6. Mitigation Measure:
In conjunction with required fire sprinkler and fire alarm systems, a graphic annunciator
panel shall be installed to the approval of the Fire Marshall.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for building permit primarily by the City's Fire Marshall.
7. Mitigation Measure:
Traffic control signals shall have emergency preemption devices installed to expedite
emergency access.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for building permit primarily by the City's Fire Marshall.
8. Mitigation Measure:
An emergency vehicle loading area shall be provided for the new assisted living facility.
The loading area shall be located as to minitni P noise and glare impacts to adjoining
neighbors and shall not block or otherwise compromise other required parking spaces.
Monitoring Program:
Design of the emergency vehicle loading area shall be reviewed and monitored through the
review of plans during architectural review and building permit plan check.
9. Mitigation Measure:
Future site development shall incorporate:
* Skylights to maximize natural day lighting.
* Operable windows to maximize natural ventilation.
* Energy - efficient lighting systems for both interior and exterior use.
In the event operable windows and skylights are not feasible alternatives for tenant
operational reasons, buildings should be designed to exceed energy conservation standards
in the California.Energy Code by 10 %.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of plans
submitted for a building permit by the Community Development Department staff.
Resolution No. 86__11
Page Five
10.. M iti patio n _Measure:
the developer shall install an oil and grease separator at an appropriate location in the
sewer system to the approval of the City's Industrial Waste Coordinator.
Monitoring Program:.
The Utilities Department staff (Industrial Waste Coordinator) will review plans for
compliance through the building permit plan check process and subsequent inspections.
11. Mitigation Measure:
The new assisted care facility and the remodeled building at 61 Broad shall incorporate
facilities for interior and exterior on -site recycling. A plan for recycling construction waste
shall be submitted to the Community Development Director prior to building permit
issuance. Construction waste shall be recycled in accordance with this plan.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community
Development Department staff.
12. Mitigation Measure:
All exterior lighting shall be designed to be directed downward and not cast glare onto
adjacent properties. The specific design of lighting shall reviewed through the required
architectural review process, with special attention given to the height and type of lighting
fixtures.
Monitoring Program:
Parking lot lighting shall be reviewed and monitored through the review of plans during
architectural review and building permit plan check.
13. Mitigation. Measure:
An Archaeological Resources Inventory (ARI) shall be completed prior to final
architectural review of the project (Phase I report). In addition, a Subsurface
Archaeological Resource Evaluation (SAKE) will be required for those areas of the site
where excavation is proposed. The report shall note that a qualified archaeologist will be
retained to monitor project grading and trenching activities. If excavations encounter
significant paleontological resources, archaeological resources or cultural materials, then
construction activities which may affect them shall cease until the extent of the resource is
determined and appropriate protective measures are approved by the Community
Development Director. The Community Development Director shall be notified of the
extent and location of discovered materials so that they may be recorded by a qualified
archaeologist.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of plans
Resolution No. 8673_
Page Six
submitted for architectural review and a building permit by the Community Development
Department staff and subsequent inspections.
14. Mitigation Measure
If pre- historic Native American artifacts are encountered, a Native American monitor
should be called in to work with the archaeologist to document and remove the items.
Disposition of artifacts shall comply with state and federal laws. A note concerning this
requirement shall be included on the grading and construction plans for the project.
Monitoring Program
Compliance with this requirement shall be monitored through the review of plans
submitted for a building permit by the Community Development Department staff.
Conditions:
Occupancy of the complex shall be limited to residents who are 62 years of age or older. The
maximum occupancy of The Heritage is 80 residents. The owners and managers shall allow
the City to verify occupancy of the building by inspection of records or by a visual inspection
of the premises. Any inspection shall be scheduled at a reasonable time of day and shall be
preceded by a one -how notice to the management. A notice must be submitted to the
Community Development Director, for approval and recordation, informing future owners of
this restriction.
A minimum of 185 parking spaces, 9 bicycle spaces, and 9 motorcycle spaces shall be provided on
the site at all times.
Thirteen parking spaces must be designated and maintained, four of which are accessible to
the handicapped and nine of which are for visitors, on the north side of The Heritage. Spaces
required for visitor and disabled parking at the Heritage may also be included in this location.
The parking area cannot be used for staff or resident parking. However, two spaces, if
possible, will be added for resident parking, making a total of fifteen parking spaces on the
north side of The Heritage.
Bike racks must be installed near the entrance of each building (two bicycles per rack). Each
building shall provide bike lockers for two bicycles or comparable enclosed and marked
spaces, for the use of employees. No charge shall be made to employees for the use of these
lockers.
No specific number of parking spaces has been determined as appropriate for The Heritage at
this time. If necessary, such a determination will be made in the future.
The final design of the assisted care facility must be to the approval of the Architectural Review
Commission.
If asphalt beneath the dripline of oaks near the creek is removed during construction, protective
Resolution No. 86.
Page Seven
fencing must be installed immediately to protect the dripline area from construction traffic. No
materials or vehicles are to be stored or parked within the dripline of any oak. The City
Arborist must be notified prior to removal of this asphalt.
5. The subdivider must submit an agreement for common parking and access for all lots, along
with recording fees, to the approval of the Community Development Director.
Upon motion of Council Member Romero seconded by
Council Member Will,and:on the following roll call vote:
AYES: Council Members Romero, Williams, Roalman,Smith & Mayor Settl
NOES: None.
ABSENT: None
the foregoing resolution was adopted this 20 thday of May
1997.
. ATTEST:
,Orty Clerk Bonnie Gawf
APPROVED AS TO FORM:
MR/ KLL✓ ���,i��
,�4e e5��o
Mayor Allen Settle
01"
I�
RESOLUTION NO. 8672 (1997 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION'S
URBAN FORESTRY GRANT PROGRAM
FOR THE PROJECT KNOWN AS
THE SAN LUIS OBISPO NATIVE TREE PROJECT
WHEREAS, the people of the State of California have enacted the California
Wildlife, Coastal and Park Land, Conservation Act of 1988, which provides funds to the
State of California and its political subdivisions for urban forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection has been
delegated the responsibility for the administration of the program within the State, setting up
necessary procedures governing application by local agencies and non -profit organizations
under the program; and
WHEREAS, said procedures establish_ ed by the Department of Forestry and Fire
Protection require the applicant to certify by resolution the approval of application before
submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the State of California to
carry out a tree planting project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorize the filing of an application for State grant. assistance from the Urban
Forestry Program under the California Wildlife, Coastal, and Park Land Conservation Bond
Act of 1988 for the above project, and
2. Certifies that said applicant has or will have sufficient funds to operate and maintain
the project; and
3. Certifies that funds under the jurisdiction of the City Council of the City of San Luis
Obispo are available to begin the project; and
4. Certifies that said applicant will expend grant funds prior to January 31, 1999; and
5. " Appoints the City Administrative Officer or his designee 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 20th day of May, 1997.
On motion of aua i Mhr UL a ; amseconded by Council Mbr Smith and on
the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romero, Mayor Settle
NOES: None
ABSENT: None
R RF79
R 8672 (1997 Series)
Page Two
The foregoing resolution wasAdopted this 2o. day of May_ , 1997.
ATTEST:
c. hie L. GaiK, C e 0'
APPROVED AS TO FORM:
1997 APPLICATION AND GUIDELINES
FOR THE
URBAN FORESTRY GRANT PROGRAM
under the
California Wildlife, Coastal, and. Park Land
Conservation Bond Act of 1988
California Department of Forestry and Fire Protection
,w�uW
TC
I INTRODUCTION.
This guide has been developed to assist cities, counties, districts, and
non = profit organizations apply for grants under the urban forestry portion
of the California Wildlife, Coastal, and Park Land Conservation Bond Act of
1988 (Proposition 70)•
� The California Department of Forestry
and Fire. Protection's (CDF) 1997/98
allocation under Proposition 70 will be a minimum of $633,000.
II PROGRAM GOALS
A. Plant large crowning, environmentally tolerant and high quality trees
in appropriate places.to provide shade and other human benefits.
r
B. Require a commitment to long -term tree. maintenance to ensure health,
j long -term survival and safety.
C. Promote proper tree planting techniques and improve tree maintenance
practices.
D. Incorporate community involvement /participation /education and
stewardship into every project.
E. Increase statewide public awareness of the benefits of urban forests
and long -term management through public outreach programs.
F. Encourage projects that will inspire similar projects by leveraging
community resources.
III IMPORTANT - POINTS
A. The deadline for receipt of your proposal is 4:00 p.m., Friday,
May 23, 1997. A postmark of May 23, 1997, will not be accepted.
B. A minimum of $633,000 is available for grants.
C. Successful applicants will be notified in July. The anticipated start
up date is October, 1997. Work cannot begin until contract is fully
executed.
D. Projects must be completed within 18 months of project award.
Exceptions may be allowed if sufficient justification is provided and
approved in writing.
1
E. Eligible costs are limited to the purchase of trees and purchase
and /or production of educational material. See Section X for more
detail..
[ ] General Tree Planting Assistance:
limited to the purchase of trees and purchase and /or
production of educational material related to the planting
project, not to exceed 10% of the requested grant.
[ ] Local government /Power Utility Cooperative:.
.(may only be used for projects under powerlines)
limited to the purchase of trees, stakes, ties, fertilizer,
soil amendment, root barriers (when required by local
ordinance) , and educational materials related to the
planting project, not to exceed 10% of the requested grant..
F. The. nursery invoices) must accompany each of your :invoices. See
Section XXIII for more detail on submitting your invoices.
G. A completion report must be submitted within 60 days of completion of
the project. See Section XXIV on preparing your completion report.
H. Grant recipients will need start -up and operating °funds to cover
expenses until invoices are reimbursed by the.State.. Advance payments
j will not be made by the State. It. normally takes 60 days to process
the .invoice and issue a check.
I. In accordance with State contract requirements, an amount. equal to 10%
of the invoice will...be withheld from each payment.. Final payment will
include the 10% withholding.
J. The maximum grant request is $30,000 and the minimum request is
$1,000. The cost of individual trees must not exceed the average
California wholesale rate for a high quality 15 gallon tree of the
species to be planted. Maximum reimburse rate will not exceed $60:
K. An amount equal to 10% of the total grant amount may be used for
public awareness and education to encourage public participation,
stewardship, and additional community tree planting. Specific plans
must be submitted with your application if you are planning to do
this.
L. Projects will be evaluated and rated solely on the information
contained in the grant application and proposal. Make sure they are
complete and accurate.
M. Grants under this program will be limited to one per applicant per
year and a total of four grants over the _ life of this program.
Applicants that have already received four Proposition 70 Urban
Forestry Grants will not be eligible for another grant under this 1996
Request for Proposals.
N. The purchased trees must meet the standards specified for acceptance
of nursery trees. See Appendix I.
- 2
To receive a
the Director
to complete
the Director
required to
or Board of
responsible
1 i
IV ADMINISTRATION
grant, successful applicants must enter into an agreement with
of Forestry and Fire Protection. Grant recipients must agree
their project and allow for periodic inspection. In return,
agrees to share the cost of the project. You will also be
obtain a resolution from your Board of Directors, City Council,
Supervisors that authorizes your project and allows the person
for the project to sign legal documents.
The Program Administrator is:
Eric A. Oldar
California Department of Forestry
and Fire Protection
Telephone: (909) 782 -4140
Extension: 6125
V ELIGIBLE APPLICANTS
Eligible applicants are cities, counties, districts, and non - profit
organizations. Non- profit organizations must have 501C status and provide
proof of tax exemption.
VI GRANT AMOUNT
The maximum amount that an applicant may request is $30,000 for any
project. Only one type of tree planting project may be undertaken by the
applicant. Slight reduction in.maximum amounts awarded may be necessary
after the review process.
An amount equal to 10% of the total grant may be used for public awareness
and education that will encourage public participation, stewardship, and
additional community tree planting. Be very specific in your budget detail
how this money will be spent.
VII ELIGIBLE PROJECTS
[ J GENERAL TREE PLANTING ASSISTANCE
A. Planting trees to shade concrete or asphalt, including but. not limited
to streets, and walkways.
B. Planting trees in public parking lots and school yards.
C. Planting trees to shade buildings.
D. Planting trees in dedicated open space including but not limited to
excess parcels resulting from the construction of streets, airports,
or waste reclamation facilities.
3
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RESOLUTION NO. 8671 (1996 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
TO RECEIVE FEDERAL AID GRANT FUNDS
WHEREAS, before Federal. Aid will be made available for a specific program project, the
Administering Agency (City of San Luis Obispo) and the State of California Department of
Transportation are required to enter into an agreement relative to prosecution of the project and
maintenance of the completed facility; and
WHEREAS, the Department of Transportation requires execution of the Master
Agreement No. 05 -5016 (modified November 29, 1995), entitled "Administering Agency -State
Agreement for Federal Aid'; and
WHEREAS, for each approved project the Administering Agency must execute a
Program Supplement to the Master Agreement; and
WHEREAS, the Department of Transportation required the Master Agreement and all
Program _Supplements to be executed by the City Council or other city officials authorized by
the program.
NOW THEREFORE BE IT RESOLVED, that the City Council of San Luis Obispo hereby
authorizes the Public Works Director to execute Master. Agreement No. 05 -5016 (modified
November 29, 1995), entitled "Administering Agency -State Agreements for Federal Aid" and all
Program Supplements thereto.
n OC71
Resolution No. 8671
Page Two.
Upon motion of Council Mbr _ Williamsseconded by Council -Mbr_ Smith_ and on
the following roll call vote.
AYES: Council Members Smith, Williams;,. Roalman, Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resoluti was adopted this 20th day, of May 1997.
MAYOR
ALLEN SETTLE
ATTEST-
C)
CLERK
ONNIE GAWF
APPROVED AS TO FORM:
��'K24F
I
I
RESOLUTION NO 8670 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE MONTEREY HEIGHTS AREA OF THE CITY AS A
RESIDENTIAL PARKING PERMIT AREA AND ESTABLISHING DAYS AND HOURS
OF OPERATION OF SAID AREA AND TIME OF RENEWAL
FOR A PARKING PERMIT
WHEREAS, the Council of the City of San Luis Obispo has received 'a petition from a
majority of the residents living in the Monterey Heights Area as shown on Attachment 1 and;
WHEREAS, the Council of the City of San Luis Obispo has determined that the quality of
life for the residents of this area has been adversely affected by non - residents using the
neighborhood streets for excessive parking and;
WHEREAS, the Council of the City of San Luis Obispo has determined that the restriction
of non - resident parked vehicles on the neighborhood streets will improve pedestrian and vehicular
safety and allow residents to gain proper access to their residences and;
WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to
consider the establishment of a residential parking permit district and has determined the parking
permit district will improve the quality of life for the district residents.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo Municipal
Code the residential parking permit area is hereby established as shown on Attachment 1.
SECTION 2. No vehicle other than vehicles providing services to the area or having a
residential parking permit clearly displayed on the dashboard on the drivers side of the vehicle may
park on any street within the district boundaries between the hours of 2am and lOpm, Mon - Friday.
SECTION 3. The Public Works Director shall be directed to post the area with signs that
clearly indicate these restrictions.
SECTION 4. The Parking Division shall issue residential parking permits on demand as
permitted in Section 10.36.220 of the San Luis Obispo Municipal Code. Parking permits shall be
issued for a year effective September 15.
Exhibit D
R8670
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I�IIII l+ I II II IIIIIII CIP/ or 0 District Boundaries
Streets & residences within boundary have
restricted parking between 2 am and 10 pm
SA - I S OBISPO Mon-Fri
Petition Inventory
Address
2090
- Hays Street
Name
Thoma
Phone
543 -3608
Response
Yes
2085
Burt
543 -8177
Yes
2084
Bishop
544 -2817
Yes
2076
Holcomb
544 -8594
Yes
2053
Arsenio
543 -3508
Yes
2042
Rental
549 -8560
No Reponse
2041
Winger.
543 -8839
Yes
2011
Betts
544 -1138
Yes
.1991
Silva
546 =9187
Yes
1990
Peaker
543 -3060
Yes
1959
Hewes
544 -3034
Yes
1958
Barrett
549 -8342
Yes
1935
Bowls
543 -2964
No Response
1924
Stirling
544 -7822
Yes
1911
Mcnwain
no phone
Yes
1891
Milligan
549 -0580
Yes
1890
Hoppe
541 -6205
Yes
1845
Doolette
544 -1845
Yes
.1844
Scurria
541 -3275
Yes
1841
Lamb
546.9254
Yes
1843
Evans
543 -5279
Yes
1834
Jacobson
541 -3616
Yes
1824
Medina
783 -2153
Yes
'• „” r"TTrT.-WIFS FN
Address
2100
Name
Stimson
Phone
544 -9618.
Response
Yes
2099
Iversen
543.3799
Yes
2077
White
543 -8801
No
2061
La Barbera
543 -5188
Yes
2045
Gates
unlisted
No
1983
Elfrink
549 -8560
Yes
1961
Maggetti
543 -2089
No Response
1941
Steger
543 -5826
Yes
1841
Thomas
783 -1976
Yes
A,ddrGss
100
Name
Bishop
144
Steuck
145
Frenza
159
Peaker
161
Peaker
166
Hammond
190
Lowe
230
Swenerton
241
Wiens
246
Shevlin
268
Delarm
Ads
101
110
131
141
150
160
165
240
249.
276
Name
Haddon
Slowik
Agens
Lehtonen
Haymaker
Kransdorf
Falkenstern
Rental
DeBrish
Brown
Phone
543 -1319
543 -4259
549 -9699
543 -3060
543 -3060
541 -9104
543 -7618
545 -7805
543 -3603
543 -5096
543 -1209
Phone
549 -0756
546 -0647
541 -3531
541 -2366
466.7684
543 -5578
543 -6387
544 -8472
544 -0803
543 -2567
RM
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Response
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Resolution No. 8670
Page two
On Motion of Council Member Williams , seconded by Council Member Smith ,
and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romaro, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6 ,day of May , 1997
ATTEST:
Mayor Allen Settle
ev
1ty Clerk Bo ie . 6a �f
APPROVED AS TO FORM:
ensen
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I
RESOLUTION No. 5669 (1997 series)
A RESOLUTION OF THE CITY OF
SAN LUIS OBISPO RELATING TO SOLID WASTE DISPOSAL
METHODOLOGY DETERMINATION
WHEREAS, AB 939 requires that each jurisdiction divert 50% of its waste from
landfills by the year 2000; and
WHEREAS, the California Integrated Waste Management Board ( CIWMB) has
adopted a Waste Adjustment Method codified in the California Code of Regulations,
Title 14, Division 7,Chapter 9, Article 9, Section 18797.3; and
WHEREAS, the CIWMB Waste Adjustment Method is used to adjust the waste
generated in 1990 to reflect conditions in the current year considering sales tax,
employment and inflation, with population a minor factor, and is a critical component to
calculating diversion rates and a jurisdiction's compliance with the 25% and 50%
diversion mandates of AB 939; and
WHEREAS, other states use population only based adjustment methods to
calculate diversion rates and if applied in California would significantly increase the
diversion rate of many California jurisdictions; and
WHEREAS, the jurisdictions in California are diverse and should be given the
flexibility to select an adjustment method which most closely fits the local situation;
NOW THEREFORE, BE IT RESOLVED by the City of San Luis Obispo, that
the League of California Cities is hereby urged to support legislation amending the
California Code of Regulations to allow jurisdictions to select a population only based
waste adjustment method, or at their option the current CIWMB Waste Adjustment
Method.
Upon motion of Romero , seconded by Smith
on the following roll call vote:
Ayes: Council Members Romero, Smith, Roalman, Williams, Mayor Settle
Noes: None
Absent: None
The foregoing Resolution was adopted this 6 day of Ma'y 1997.
Mayor lien K. Settle
ATTEST:
wo-s u ��Yae,�
Clerk Bonn' L. wf
APPROVED:
/`314orylyr R86636
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8668
RESOLUTIONNO. (1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE SAN LUIS OBISPO
COUNTY FLOOD CONTROL DISTRICT ZONE 9 FOR REIMBURSE_ MENT FOR
CREEK MANAGEMENT WORK
WHEREAS, the County administers the funds of the San Luis Obispo County Flood
Control and Water Conservation District Zone 9, and
WHEREAS, the City administers programs with in Zone 9, and
WHEREAS, the County has budgeted within the Zone 9 program to fund the programs
administered by the City.
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby approves
an agreement with the San Luis Obispo County Flood Control District Zone 9 providing for the
reimbursement of City funds spent for programs approved in the Zone 9 budget and authorizes the
Mayor to sign said agreement.
Upon motion of Council Member Romero 9 seconded by
Council Member Smith and on the following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 6
ATTEST:
Clerk B a Gawf
APPROVED AS TO FORM:
M//M W
i
day of May ,1997.
1996 -7Zone 9 agreement
88668
S, )LO
8667
RESOLUTION NO. (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Unit 4)
WHEREAS, the City Council made certain findings concerning Tract 1750 as contained in
Resolution No. 6874 (1990 Series), and
WHEREAS, all conditions required per Resolution No. 6874 (1990 Series) for Unit 4 of said Tract
No. 1750 have been satisfactorily met or are guaranteed under the attached Subdivision Agreement
(Exhibit A) and surety to guarantee the Faithful Performance ($1,809,200.00) and payment for Labor &
Materials ($904,600.00).
NOW THEREFORE, BE IT RESOLVED that final map approval is hereby granted for Tract No.
1750 (Unit 4) and the Mayor is authorized to execute the Subdivision Agreement.. The Grant Deed for
Lot 74 (Rodrigues Adobe and park) is hereby accepted on behalf of the City.
On motion of Council Member Romero seconded by Council Member Smith and on the
following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6 day of Ila , 1997.
ATTEST:
sip �i NAME,
FWATT"Jefffy G. Jorgensen
Everyone \Council Agenda Reports \Staff Report, T 1750 (Unit4)
MAYOR Allen . Settle
R8667
SUBDIVISION AGREEMENT
THIS AGREEMENTis dated this 6 day of May; 1997 by and between The Arbors-
San Luis Obispo, L.P., A Califomia Limited Partnership, herein referred to as "Subdivider," and
the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in
the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of
which is shown on the Final Map of Tract 1750, Unit 4, City of San Luis Obispo, California, as
approved by the City Council on the 6 day of May 1997 .
The Subdivider desires that said Tract No. 1750, Unit 4, be accepted and approved as
a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of
the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the improvements
as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of. the foregoing, the Subdivider does hereby agree to construct and
install the following subdivision improvements in accordance with said subdivision regulations,
and in accordance with approved plans and specifications on file in the office of the City
Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and
water services to the curb stop.
T�
1
h
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection
and approval of such facilities by the City, each public utility shall be required to file a
letter stating that the developer has properly installed all facilities to be provided by him,
and that the said utility is prepared to provide service to residents upon request.
7. ANY &ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the Subdivider
in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall begin
within thirty (30) days from the date of recording of the final map, and that the work shall be
completed within eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed by acts of God or labor
disputes resulting in strike action, the Subdivider shall have an additional period of time
equivalent to such period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on Improvement Security filed pursuant to
this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil
Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date of the
agreement until completion and acceptance of all public improvements unless specifically
approved by the City.
2
The Subdivider does also agree to comply with the conditions established by the Planning
Commission and/or the City Council and has paid the necessary fees as indicated on the attached
Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land
Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider attaches hereto, as an 'integral part hereof, and as security for the
Performance of this agreement, an instrument of credit or bond approved by and in favor of the
City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said
instrument of credit or bond is in the total amount of $ 1;809,200.00, which is the amount of the
estimated cost of said improvements. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmanship or materials or defective construction of said
improvements occurring within twelve (12) months after acceptance thereof. In, accordance with
Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final
completion and acceptance of the work, City will release all but 10% of the improvement security,
that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year following .
the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted, accept said improvements according to
3
said plans and specifications, and any approved modifications thereto. Neither periodic nor
progress inspections - or app rovals shall bind the City to accept said improvements or waive any
defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the ,prescribed time, the Subdivider
agrees that City may, at its option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to
complete said improvements, or city may complete said improvements and recover the full cost
and expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and materials bond in the amount
of 50 6k of the above described subdivision improvements in accordance with State law.
Said Subdivider has paid the sum of $44,765.00, from which fee the City will pay the
salary and expenses of an inspector or inspectors to inspect installation of said subdivision
improvements, and for labor and material costs by City to install signs and striping within the
public right -of -way as appropriate and certify that they have been completed in accordance with
the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City Engineer are hereby
referred to for further particulars in interpreting and defining the obligations of the Subdivider
under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns of the
respective Parties to this agreement.
4
It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit
prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
ATTEST:
7 f CLEF& FffgAMINSA
:.
APPROVED AS TO FORM:
SUBDIVIDER
The Arbors - San Luis Obispo, L.P.
A California Limited Partnership, By:
By: The Arbors - San Luis Obispo, GP, LLC
a California limited liability company
General Partner
1.1
By: Hearthstone Advisors, Inc.
A California corporation
Manager
Richard O. Werner
Chief Executive Officer
By: Q-�-�-
Peter ar
Senior ice resident
EXHIBIT 1
TRACT 1750 (Unit 4)
SUBDIVISION AGREEMENT
1 The subdivider shall complete the creek protection and restoration work, per
Condition 11 of RESOLUTION 6874 (1990 SERIES) for this unit within the time
limits for improvements under this Subdivision Agreement, and as shown on the
improvement plans, Subdivider shall maintain creek landscaping until
acceptance by City with Unit 4.
2. The Subdivider has paid a sewer lift station fee for Rockview -Tank Farm sewer
lift .station of $4,534.53 (11.49 acres x $131.55 x 3), per Conditions 20 and
2.2 of Resolution 6874 (1990 series).
3. The Subdivider has paid water acreage fees of $22;900.00 01.49 acres x
$2,000 /acre) prior to recordation of the final map; per Condition 22 of
Resolution 6874 (1990 series).
4.. The prior dedication and improvement of the 10.76 acre park, per Conditions
35 and 36 of Resolution 6874 (1990 series) fulfills the purpose of park
dedication requirements for the entire Islay area, and no furure development
within the Islay area (Tract 1750) will be charged park -in -lieu fees.
5. The Subdivider has performed the notification requirement regarding potential
water shortages for all lots on the Final Map; per Condition 42. of ;Resolution
6874 (1990 series).
6. The Subdivider has prepared Covenants, Conditions and Restrictions (CC &R's)
for the Final Map, per Condition 44 of Resolution 6874 (1990 series).
7. The Subdivider has submitted a monumentation guarantee of $4,500.00 to
cover the installation of survey monuments in accordance with the approved
map and payment for same. Said deposit will be released to the Subdivider
upon receipt by the City of a letter from the Engineer /Surveyor indicating the
work has been completed the work and payment has been made.
8. Pursuant to Government Code Section 66474.9; 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, Tract 1750, and all actions related thereto, including but not
limited to environmental review and adoption of Ordinance No. 1179 (PD 1449-
6).
Q
9. The Subdivider shall complete the Orcutt Road improvements per condition 19
of Resolution 6874 (1990 series) with this unit of Tract 1750.
10. The subdivider shall install a transit shelter and bench at the location of the
existing bus stop and slab on Tank Farm Road and Brookpine per condition 47
of Resolution 6874 (1990 Series)
11. The subdivider shall install stop signs and related pavement markings at the
intersection of Wavertree & Ironbark.
12. Transportation impact fees are payable per Condition 52 of Resolution 6874
(1990 Series) and pursuant to Ordinance No. 1256 (1994 Series) prior to
issuance of building permits.
13. Per condition 46 of Resolution 6874 (1990 series), "Development of homes on
the small lots
(Phases 3 and 4) shall be limited to approximately the square footage proposed
as part of the planned development preliminary plan. Remodeling and additions
to these homes in the future shall be in accordance with the limitations in the
zoning regulations." A document is being recorded by the subdivider that
discloses these requirements to future property owners.
14. The subdivider is dedicating the Rodriguez Adobe Park (Lot 74) and structure
to the City in fee, as required per Condition 41 of Resolution No. 6874 (1990
Series). The $ 100,000 (maximum) contribution to the restoration of the adobe
is being met by payment of $ 25,000 in cash and submittal of a $ 75,000
performance bond to guarantee payment of the balance by the subdivider, upon
demand by the City. These funds are to be used for restoration and
preservation activities, solely for the Rodriguez Adobe.
7
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.63Q� a 7 s a
c, _er No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
CITY OF SAN LfJIS OBISPO
CITY CLERK
990 PALM STREET
SAN LUIS OBISPO, CA 93409
PTN:53- 091 -33,34
DOCUMENTARY TRANSFER TAX $ ....................... ...............................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
C00%
ABOVE THIS LIN
Signature of Declarant or Agent determining tax � Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE ARBORS -SAN LUIS OBISPO, L. P., A CALIFORNIA LIMITED PARTNERSHIP
hereby GRANTS) to
THE ITY OF SAN LUIS OBISPO
the real property in the City of SAN LUIS OBISPO
County of SAN LUIS OBISPO State of California, described as
LOT 74 OF TRACT 1750 -4 ACCORDING TO THE MAP RECORDED ,1997
IN BOOK AT PAGE OF MAPS.
Dated
}
STATE OF CAUFO IA )ss..
COUNTY OF 6; i/ )
On 3 % before me„
personally a ared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons) Whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same
in his/her/lheir authorized capacity(ies), and that by his/her /their signa-
tures) on the instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hagdA(nd officia�Aqal,
Signature `T
MAIL TAX STATEMENTS TO
THE ARBORS -SAN LUIS OBISPO L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: The Arbors -San Luis Obispo G.P.
]yb1 Part:flcr
BY: Hearthstone Advisors Inc.,
A California Corporation, Manager
BY
(This area for official notarial sea])
KE- Y A. HAYIKIN4
COAhM. b 1043044
e .m Notgry Ptb4e — Ca"tallo
L08 ANGELES COU!!TY
MV Comm. E3cor OGT 23.1998
1002(1/94)
city of San tIJIS OBISPO
CHECK
40�
DESCRIPTION 7-3 Zar- -'SlA.,t4gr- 66eyel- r, zx,#ccr Fox PoHa:S ZM 6;4 t3ve'j-rr &-6l erfz
MAP NUMBER 191721-f SPECIFICPLAN JE115f REZONING
USE PERMIT VARIANCE
PUBLIC IMPROVEMENT CONDITIONS
ARC
GEN.PLAN
OTHER
#
DESCRIPTION
INITIAL
'DATE
COMMENTS
1
GRADING including planting & retaining walls_ IT
=Mlunn
1014"91,-
1&50 670APAZ- ®' y- 96K WdZr iwll�
2
STORM DRAINS & DRAINAGE STRUCTURES
Ielfl4e
0" *,L0yrfi, LAW W,-i;-5e-- J -Agg-
3
SEWERS & SERVICES
13
4
WATERLINES & SERVICES
N
5
FIRE HYDRANTS
6
CONCRETE
Curbs and Gutters
Sfdewalks
Driveways
7
STREETS & PAVING
Pavement
Signing, striping and curb painting
8
NON-CITY UTILITIES
P.G.&E. — Electrical
0ev 4.4 4ms 61K
Street Lights
Cable TV
Telephone Co.
Gas Company
9
FEES RECEIVED (Water, Sewer)
A!9-1-
5� e4"Or,c �4(t�r- 54- r w4r Awocz- 67r
10
PUBLIC IMPROVEMENTS payments received
'or
7
1-1
AGREEMENT CONDITIONS have been met
Is//
12
MONUMENTATION
6.0 163 #06 ;Ly z z — 0420
13
STREET TREES
14
OFFSITE WORK
.96
y- lr�decs &0e C clr7- Ice
15
BONDIGUARANTEE deposited
16
PARK dedication drlfi-lieu fees
17
Deposit Account Status
OTHER CONDITIONS
ATTACH LIST OF CONDITIONS & SUBDIVISION AGRREMENT
52-81
COMMUNITY DEVELOPMENT APP /A
I
PUBLIC SERVICES APPROVAL k
0
=Mlunn
'Brawl
003ME=--
M
men
13
N
ATTACH LIST OF CONDITIONS & SUBDIVISION AGRREMENT
52-81
COMMUNITY DEVELOPMENT APP /A
I
PUBLIC SERVICES APPROVAL k
;..y �J
�.f
.b `i`
•;;�_aJ.
i �:'
t.
e
RESOLUTION NO. 6874
(1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR TRACT 1750, CREATING
245 SINGLE- FAMILY LOTS, 88 CONDOMINIUMS, TWO PUBLIC PARKS,
AND A LOT TO BE SOLD TO THE HOUSING AUTHORITY,
ON TANK FARM ROAD, ON THE EAST SIDE OF THE RAILROAD TRACKS
(TRACT 1750)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the subdivision request Tract
1750, the Planning Commission's recommendation, 'the Architectural
Review Commission's action, the Cultural Heritage Committee's
recommendation, the Parks and Recreation Commission's
recommendations, and staff recommendations and reports thereon, .
makes the following findings:
1.. The design of the tentative map and the' proposed
improvements are consistent with the general plan and
specific plan for the Edna- Islay'area.
2: The site is physically suited for the type and density of
development allowed in an R- 1 -PD -SP and an R- 2 -PD -SP zone.
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 the property within) the proposed. subdivision.
.5. The Community Development Director has determined that the
proposed subdivision is substantially in compliance with
the Edna -Islay Specific Plan.
6. The City Council certified an environmental impact report
for the Edna- Islay Specific Plan in 1982 and has considered
that EIR and the addendum prepared to incorporate minor
modifications between Tract 175.0 and the specific plan, and
finds that those two documents in combination are
Resolution no. 68)y
Tract 1750
Page 2
(1990 Series)
sufficient to assess any environmental impacts which would.
result from project approval, and that the record as a
whole contains substantial evidence to support a
determination that the minor modifications to the project
approved by the Community Development Department are not
so substantial. as to require major modifications to the EIR
and that. the preparation of an addendum is sufficient.
7. This subdivision map approval requires the subdivider to
expend in excess of the amount specified in Government Code
section 66452.b(a) for public improvements outside the
property.
8. The increase in population near Islay Hill created by the
development of Tract 1750, and the granting of an easement
over the open space portions of Islay Hill within the
boundaries of Tract 1750, allowing public use of the
hillside, will lead to greater recreational use of the
hillside.
This increased use may need to be supported by physical
improvements on the hillside in the form of trails,
fencing, signing, or other improvements to increase public
enjoyment of the recreational use.. It is reasonable for
the developer of Tract 1750, therefore, to pay to the city
the cost of installing trails on the hillside, to be used
for the purpose of providing physical improvements as
described above.
9. The proposed use of sound walls perform equally or better
than the concept shown in the specific plan, and the walls
are visually acceptable.
10. The various approval and reporting requirements established
by either existing city processes or specific conditions
of approval satisfy any applicable mitigation monitoring
program requirements and reduce the project's environmental
impacts to an acceptable level.
SECTION 2. The tentative map for Tract 1750 is approved
subject to the following conditions:
.1. Multiple final maps must be filed, in accordance with the
phases shown on the approved tentative map. Development
of the project is subject to existing city growth
management regulations, not to exceed 94 building permits
per year or one phase per year (phases 1 and 2 shall be
considered one phase) , whichever is more restrictive. Time
extensions for final map approval may be granted by the
city, up to the limits imposed. by the Subdivision Map Act.
I
\`J
Resolution no. 687y (1990 Series)
Tract 1750
Page 3
V12. Development of the subdivision must be in accordance with
the Edna -Islay specific Plan, except as specifically shown
on the tentative maps approved by the council on (date) or
as conditioned herein.
Fire Department requirements:
3. Fire protection facilities required by the fire department
are to be installed by the. developer. Such facilities,
including all access roads, shall be installed and made
serviceable prior to and during the time of building
construction.
4.
Hydrants are to be spaced at 500' maximum intervals.
5.
The subdivider shall pay $60,000 to the city for a fast
,1
response vehicle with off -road capability, to serve this
y
area. Payment of $60,000, adjusted for inflation between
1}�1a
tentative map approval and time. of payment, shall be made
prior to approval of the final map for phase 6•.
/
✓ 6.
All structures will. require an approved, automatic fire -
sprinkler system, to the satisfaction of the Fire
Department. Minimum water services shall be one -inch
diameter.
7.
The developer shall fund $10,000 for their share of the
�!
cost of a device that lets Fire Station 3 know when
e-11
railroad tracks are blocked by a train at Orcutt Road, or
for three Opticom intersection controllers for responding
i.,
fire apparatus.
8.
A 20' -wide paved access road shall be provided through lots
183, 184, and 185 to provide access to the open space area,
to the satisfaction of the Fire Department and. City
Engineer.
Cj 9.
Emergency access to the Islay Hill open space shall be
to the of the Fir, e Department..
provided approval
Creek
and detention basin requirements:
10.
A minimum setback of 20' from the creek top of bank is
\_
required for rear property lines or any improvements,
�^
except for setbacks in a 320' -wide section shown on the
Creek Treatment Concepts Plan, approved as part of the
tentative map, which shall be a minimum of 101. No part
of the ten -foot buffer area is within the creek protection
area.
Resolution no. 687y (1990 Series.)
Tract 1750
Page 4
✓11. A creek protection and restoration plan must be submitted
with phase one improvement plans to the approval of the
City Engineer and Community Development Director, along
with improvement plans, consistent with the approved Creek
Concepts Plan. Such plan must show improvements to the
creek area included in the creek maintenance easement or
extending from the tear lot lines to the lot lines across
the creek, whichever is greater. Plans shall show all
landscaping and erosion protection methods. The protection
and improvement plan shall include a schedule for
implementation.
The top -of -bank buffer improvements adjacent to the turtle
habitat shall be installed as soon as possible to provide
immediate protection for the existing turtle population.
12. The creek crossing methods proposed for the
bicycle /pedestrian paths and for Orcutt Road must be within
the guidelines established in the Flood Management Policy
adopted by the city; unless an alternative is specifically
approved by the council.
13. Fish and Game and Corps of Engineers permits shall be
obtained if required, for work within the creek and for
crossing the creek near the intersection of A Street and
Orcutt Road.
14. A team shall be established to select a consultant and
monitor a turtle habitat study. The team shall be made up
of representatives of the Department of Fish and Game, the
San Luis Obispo Urban Creeks Council, the Community
L Development Department, and the project applicant..
The team shall assist the city in selecting a qualified
consultant to conduct a turtle habitat study. The turtle
study should focus on the following goals:
a. Identify the es_ sential habitat for the turtles (and
by extension, the frogs).
b. Determine the size of the turtle population on
site, age and sex characteristics, and attempt to
identify nesting areas.
.c. Identify specific essential habitat preservation
areas, if any, within the area designated as lots
184 through 206 on the tentative map, which should
be incorporated into the final project design.
Resolution no. 687/ .. (1990 Series)
Tract 1750
Page 5
d. Recommend any additional habitat protection
techniques to be incorporated into the final
project design.
Funding, not to exceed $1o,o00, shall be provided by the
applicant. The study period will continue for a maximum
of 24 months, with a 27- month time limitation for both the
study and determination of implementation measures to be
required of the developer. The study period is to begin
when the consultant is hired and begins work. Where a
consensus or majority decision cannot be reached within the
study team, the Community Development Director- shall make
the decision.
No work, except for temporary improvements that limit human
access to the riparian habitat, shall be conducted within
the study area, as defined on the Creek Concepts Plan
approved as part of this subdivision, prior to completion
of the turtle study. The need for additional environmental
review prior to approval of the final maps for phases 5 and
6 is to be determined by the Community Development
Director, and is subject to normal appeal procedures. All
necessary studies, enhancement measures, and site changes
shall be identified and reviewed by the City council prior
to the recordation of final maps for phases 5 and 6.
The site design of lots 184 through 206 and the adjacent
streets will be adjusted in conformance with the
recommendations of the turtle study and to the satisfaction
of the Community Development Director and the California
Department of Fish and Game.
15.
NI°
The design of the bicycle path within the creek
preservation area at the southerly end of the public park
must be in accordance with Fish and Game recommendations;
M
as shown on the Creek
part of this map, to
preservation area.
Treatment
minimize
Concepts plan, approved as
disturbance of the creek
16. The creek banks adjacent to Tract 1376 shall be revegetated
in accordance with the Creek Treatment Concepts Plan
C approved as part of the tentative map. Work shall be
completed prior to acceptance by the city of maintenance
�\ of the area, to the satisfaction of the Public Works
Department..
17. The detention basin must be designed per standards
!� established by the Edna -Islay Specific Plan and to the
l satisfaction of the City Engineer. The basin :shall be
installed with the third phase of development shown on the
Resolution no. 687q (1990 Series)
Tract_ 1.750
Page 6
tentative map.
The detention basin may bE
option, and must be owned
homeowners' association.
reporting procedure shall be
for review and approval.
periodic reports to the city
fenced, at the developer's
and maintained by the tract
A maintenance schedule and
submitted to the City Engineer
The schedule shall include
on the condition of the basin.
18. Creek preservation and improvement areas shall be dedicated
to the city in fee.
Public Works requirements;
19. Orcutt.Road shall be widened and improved along the entire
frontage as part of phase 4. Orcutt Road shall meet City
and county design standards with respect to super
elevation, vertical, and horizontal stopping sight distance
(55 mph design speed) , and shall include a bicycle path
within the roadway on the westerly side. Sight distance
at the proposed Orcutt Road /A Street intersect -ion must be
evaluated as to adequacy. Existing road may require
regrading.
20. Modifications to sewage lift- stations and related
improvements may be required in accordance with the
1 specific plan. The developer may be required to contribute
�j towards these improvements in lieu of actual construction,
to the satisfaction of the Utilities Director.
21.
The water tank
proposed in
the easterly portion of the open
space area, to
supplement
domestic water service, must be
installed and
operating prior
to the issuance of building
permits for phase
3.
1�.
!�` 22.
Water acreage
fees and
sewer lift station . charges are
required'to be
paid prior
to recordation of the Final Map.
23.
All lots must
be served
by individual water, sewer, and
i;
utilities.
24. The construction of public streets shall comply with the
city's Engineering Standard Details/ Specifications, the
Pavement Management Plan, and to the satisfaction of the
.� City Engineer. Street structural sections shall provide
for the ultimate design -life upon acceptance of the street
t by the city. Phased construction of housing will require
the phasing of street construction or an increase in the
street structural section to compensate for the reduction
in the life of the street, prior to acceptance, from
Resolution no. 687/ (1990 series)
Tract 1750
Page 7
construction traffic.
25. The developer must dedicate vehicular access rights to the
city, along all lots adjacent to Tank Farm Road _and Orcutt
Road, to the satisfaction of the. City Engineer.
.00 6. Phasing of this tract and utilities may require off -site
�\ utility extensions within subsequent phases, to the
satisfaction of the City Engineer and Utilities Engineer.
27. At the time of development of phase 5, an emergency and
construction access road must be provided that continues
A Street to Orcutt Road, to the approval of the City
Engineer and Fire Department.
28. All grading and development improvements shall be done as
approved by the City Engineer and in accordance with. the
recommendations per the soils report prepared by Pacific
Geoscence,. Inc., dated July 5, 1989 and the Geotechnical
Update and Plan Review by Gorian and Associates dated July
VVVV`"` 14, 1987 for Tract 1750, and any subsequent ,soils reports
requested by the City Engineer.
the grading plan for .phases 5 and 6 must be approved by a
registered soils engineer and the City Engineer. The
grading shall be inspected and certified by the soils
engineer prior to installation of any subdivision
improvements or issuance of building permits.
The northwesterly.limit of the landslide denoted as Qls 1
shall be determined precisely in the field prior to final
map approval of the respective phase. The nearest lot line
shall be at least 50 feet from that boundary and the
adjacent lots shall be adjusted or deleted and Courts "H"
and "G" adjusted accordingly, except that property lines
may -not extend beyond that shown on the tentative. map.
29. The grading plans for phases 5 and 6 shall. include such
�•1 facilities and preparation so that individual lots will
not require offsite construction.
30. Individual lots on phases 5 and 6 shall have the foundation
design approved by a registered soils engineer. A notice
shall be recorded concurrently with the final map notifying
any purchaser of these lots of this requirement.
31. Additional soil investigations shall be done to ascertain
that the proposed water -rpF- site and 6) to and streets
above and be ow S ree A'' ases 5 and:6 are stable and
suitable for development, to the satisfaction of the City
. 8
Resolution no. 687y (1990 Series)
Tract 1750
Page 8
Engineer, prior to final map approval. If evidence is
found that indicates any instability, mitigation measures
must be taken to remedy the instability, to the
satisfaction of the City Engineer, or the respective final
map shall be modified accordingly, as determined necessary
by the City Engineer and Community Development Director.
If these sites are required to be excavated and filled and
recompacted, the fill and recompaction should closely match
the original terrain, as determined by the Community
Development Director and Engineering Division "staff.
32. Any existing mines encountered shall be abandoned in
accordance with State of. California and local regulations,
to the satisfaction of the City Engineer.
33. Any slope instability observed during grading operations .
and subdivision construction shall be evaluated by a soils
engineer and repaired to the satisfaction of the City
Engineer and Community Development Director prior to final .
acceptance of the respective phases. The final maps or
separate recorded instruments shall note that (T)the city
reserves the right to withhold building permits on any lot
which appears to be threatened by slope instability.
34. The subdivider shall submit a report by a registered civil
engineer certifying that all building sites are not subject
JJ' to flooding during a 11100- year" storm, to the satisfaction
\Y of the City Engineer.
Parks and open space:
35. The neighborhood park may be completed in one phase by the
developer. The subdivider shall record a lien or
alternative approved by the Community.Development Director,
his equal to $750 per unit for park improvements, to become due
and payable to a special fund, maintained by the city, upon
transfer of the lots or dwelling units. If the developer
`� chooses to develop the park in its entirety, without city
.J" funding assistance, to the satisfaction of the Community
Development, Public Works, and Recreation Departments, the
city shall refund the amounts accumulated in the park
improvement fund to the developer after completion of each
phase as described on the approved park .phasing plan
(approved as part of Tract 1376), on a quarterly basis,
until all fees have been collected.
36. The hardscape. areas in the neighborhood park shall be
installed in the first phase of .Tract 1750. The remainder
of the park shall be completed in phases, as described in
/l1
Resolution no. 687`( (1990 Series)
Tract 1750
Page 9
the approved park phasing plan, or all in one phase as
described in the preceding condition.
37. The developer is responsible for securing access and
improvement rights, including maintenance by the city, for
' the bicycle path under the railroad.
38. The Islay Hill open space shall be dedicated to the city
as part of the final map for phase 6 or earlier. Prior
to approval of the final map for phase 1, the developer
shall pay to the city an amount a equa a to install the
J proposed trail system, the amount to be determined by
�✓` estimates for the work and as approved by the Parks and
Recreation Director. This money is to be used solely for
physical improvements:. the trail construction,
maintenance, or improvement of the Islay Hill open space,
as needed. The Parks and Recreation Commission will
periodically review how the hillside is being used, and
make recommendations to the council on the disposition of
the money.
39 . Pub_ lic pedestrian access to the Islay Hill open space shall
r be provided directly from all streets adjacent to the open
space area, to the satisfaction of the City Engineer and
Community Development Director:
40. The open space beneath the existing power transmission
lines shall be a minimum of 100' wide. No structures shall
be allowed within this 100' area. A note shall be recorded
for each of the lots adjacent to this open space area,
informing lot owners of the proximity of the power lines.
41. The Rodriguez Adobe park shall be dedicated to the city for
public park purposes, in or prior to phase 4. The
V(\ Rodriguez Adobe will be restored by the city. The
developer shall contribute to its restoration by paying
one -half the restoration cost, up to a maximum of $100,000,
upon demand by the city.
Water:
42. The subdivider shall inform future lot buyers of the
possibility of building permit delay based on the city's
water- shortage. Such notification shall be made a part of
the recorded documentation for each lot.
Archeology:
43. Grading plans must note that if grading or other operations
unearth archeological resources, construction activities
shall cease. The Community Development Director shall be
Resolution no.
Tract 1150
page 10
687y (1990 Series)
notified of the extent and location of discovered -materials
so that they may be recorded by a qualified archeologist,
the cost of which shall be paid by the developer.
Disposition of artifacts shall comply with state and
federal laws.
Homeowners' Association:
44. The subdivider shall establish covenants, conditions, and
restrictions for the regulation of land use, control of
�t nuisances and architectural control of all buildings and
} facilities. These CC &R's shall be approved by the
L'S Community Development Director and administered by the
v�? homeowners' association.
The subdivider shall include the following provisions in
the CC &R's for the tract:
a. Maintenance of linear park, railroad buffer areas,
and all storm water detention basins shall be by
the homeowners' association in conformance with the
Edna -Islay Specific Plan.
b. There shall be no change in city - regulated
provisions of the CC &R's without prior approval of
the community Development Director.
Affordable housing:
45. Resale controls applying to the 23_affordable housing units
shall be administered by the Housing Authority and shail
remain in perpetuity. All affordable units shall be
required to be owner - occupied.
�i 46,. - Development of homes on the small lots (phases 3 and 4)
shall be limited to approximately the square footage
proposed as part of the planned development preliminary
plan. Remodelling and additions to these homes in the
future shall be in accordance with the limitations in the
zoning regulations.
Transit system equipment:
47. The subdivider shall provide
�p for transit systems, as well
to the satisfaction of the
needed with each phase.
Hillside lots:
for street furniture and.signs
as bus turnouts if necessary,
Mass Transit Committee, as
Resolution no. 6874 (1990'8eries)
Tract
Page 11
48. Architectural review is required for all lots east of the
L creek.
49. Except as shown on the tentative map, the maximum
streetyard allowed on lots adjacent to the hillside open
(� space is 201. Streetyard exceptions, to reduce the amount
of grading required for location of residences, will be
encouraged where no safety concerns are involved.
All buildings on these lots must be within designated
building envelopes. Building envelope restrictions shall
be designated on a .map to become part of the permanent
file, prior to recordation of the final maps for phases 5
and 6.
f 50. No solid fences shall be allowed at the .rear of any lots
,t abutting the Islay hill or creek open space. Design
standards for fencing shall be developed, to be approved
by the Community Development Director and the Architectural
Review Commission.
Noise:
51.
Noise walls on the
single - family lots
adjacent to
the
anticipated to be adopted on or about July, 1992.
railroad buffer area
shall be set back
at least 10'
from
/
the property line, a_nd the area between
the wall and
the
,�y�c�t
street landscaped
with drought- tolerant shrubs
and
groundcover by the
developer, to the
approval of
the
)'ty-V^�_
Community Development Director.
and all actions relating thereto, including but not limited
to environmental review and adoption of ordinance No. „
117 (PD 1449 -B).
Fees:
52J
The subdivider shall pay any applicable transportation
impact fees adopted by the City Council, which are
anticipated to be adopted on or about July, 1992.
53.
The subdivider shall pay any applicable storm drainage fees
(V
adopted by the City council, which are anticipated to be
adopted on or about July,. 1992.
j 54.
Pursuant to Government Code Section 66474.9, the subdivider
t �vS
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, Tract No. 17.50,
and all actions relating thereto, including but not limited
to environmental review and adoption of ordinance No. „
117 (PD 1449 -B).
I� �1
Resolution no. 687y (1990 Series)
Tract 1750
Page 12
On motion of Councilwoman Rappa
seconded by Councilman Reiss
the following roll call vote:
AYES: Councilmembers Rappa, Reiss, and Mayor Dunin
NOES: Councilmembers Pinard and Roalman
ABSENT: None
the foregoing resolution was passed and adopted this _
of September , 1990.
, and on
18th day
CA )
n D
I/-
RESOLUTION NO. 8666 (1"7 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ESTABLISHING AN EXEUCTIVE
MONEY PURCHASE RETIREMENT PLAN
UNDER SECTION 401(A) OF THE INTERNAL REVENUE CODE
WHEREAS, the City Administrative Officer and the City Attorney provide valuable services
for the City of San Luis Obispo; and
WHEREAS, the establishment of a money purchase retirement plan benefits employees by
providing supplemental fluids for retirement and fluids for their beneficiaries in the event of death; and
WHEREAS, the City of San Luis Obispo desires that its money purchase retirement plan be
administered by the ICMA Retirement Corporation and that the funds held under such plan be invested
in the ICMA retirement trust, a trust established by public employers for the collective investment of
funds held under their retirement and deferred compensation plans.
NOW, THEREFORE, BE IT RESOLVED, that the City Council, of the City of San Luis
Obispo hereby establishes a money purchase retirement plan (the "Plan') in the form of the ICMA
Retirement Prototype Money Purchase Plan and Trust for the City Administrative Officer and the City
Attorney pursuant to the specific provisions of the Adoption Agreements (executed copies attached
hereto). The plan shall be maintained for the exclusive benefit of eligible employees and their
beneficiaries; and
BE IT FURTHER RESOLVED, that the City of San Luis Obispo hereby directs the Personnel
Director to execute the Declaration of Trust of the ICMA Retirement Trust attached hereto, intending
this execution to be operative with respect to any retirement or deferred compensation plan
subsequently established by the City of San Luis Obispo, if the assets of the plan are to be invested in
the ICMA Retirement Trust; and,
BE IT FURTHER RESOLVED , that the City of San Luis Obispo hereby agrees to serve as
trustee under the Plan and to invest funds help under the Plan in the ICMA Retirement Trust; and,
BE IT FURTHER RESOLVED, that the Personnel Director shall be the coordinator for the
Plan; shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation or the
ICMA Retirement Trust; shall cast on behalf of the City of San Luis Obispo, any required votes under
the ICMA Retirement Trust; may delegate any administrative duties relating to the plan to appropriate
departments; and,
BE IT FURTHER RESOLVED, that the City of San Luis Obispo hereby authorizes Personnel
Director to execute all necessary agreements with the ICMA Retirement Corporation incidental to the
administration of the Plan.
Upon motion of Council .Member Smith Seconded by Council Member Romero
and on the following roll call vote:
AYES: Council Members Smith, Romero, Williams and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
R -8666
Resolution No. .8666 (1997 Series)
Page 2
the foregoing resolution was adopted this 15 th day of Anril 11997.
ATTEST:
Ci Clerk Bonno L. awf Mayor Affen K. Settle
.. APPROVED AS TO FORM:
+n City Attorney
ICMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN &TRUST
ADOPTION AGREEMENT
#001
Account Number 9680
The Employer hereby establishes a Money Purchase Plan and Trust to be known as City of San Luis
Obispo City = .Administrative Officer Money (the "Plan ") in the form of the ICMA Retirement
Corporation rototype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
❑ Yes
G7
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
I. Employer:
II. Prototype Sponsor:
Name:
Address:
City of San Luis Obi
ICMA Retirement Corporation
777 N. Capitol Street, N.E.
Washington, D.C. 20002 -4240
Telephone Number: (202) 962 -4600
III. The Effective Date of the Plan shall be the first day of the Plan Year during which the
Employer adopts the Plan, unless an alternate Effective Date is hereby specified:
April 3, 1997
IV. Plan Year will mean:
The twelve (12) consecutive month period which coincides with the limita-
tion year. (See Section 6.05 ( i) of the Plan.)
❑ The twelve (12) consecutive month period commencing on and
each anniversary thereof.
MPP Adoption Agreement 1.2/23/94
001 -94
V. Normal Retirement Age shall be age 60 (not to exceed age 65).
VI. ELIGIBILITY REQUIREMENTS:
1. The following group or groups of Employees are eligible to participate in the Plan:
XX
All Employees
All Full -Time Employees
Salaried Employees
Non -union Employees
Management Employees
Public Safety Employees
General Employees
Other (specify below)
..ity Administrative Officer
The group specified must correspond to a group of the same designation that is defined
in the statutes, ordinances; rules, regulations, personal manuals or other material in
effect in the state or locality of the Employer.
2. The Employer hereby waives or reduces the requirement of a twelve (12) month
Period of Service for participation. The required Period of Service shall be N/A
(write N/A if an Employee is eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N/A (not to exceed age 21. Write N/A if no
minimum age is declared.)
VII. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose one, if applicable):
Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
The Employer shall contribute on behalf of each Participant 3.5 % of
Earnings or $_ for the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required to contribute 3. 5 % of Earnings
or $ for the Plan Year as a condition of participation in the Plan. (Write
"0" if no contribution is required.) If Participant Contributions are required
under this option, a Participant shall not have the right to discontinue or
vary the rate of such contributions after becoming a Plan Participant.
MPP Adoption Agreement 12/23/94
001 -94
The Employer hereby elects to "pick up" the Mandatory/Required Participant
Contribution.
❑ Yes.- - ❑ No
[Note to Employer: Neither an opinion letter issued by the Internal
Revenue Service with respect to the Prototype Plan, nor a determination
letter issued to an adopting Employer is a ruling by the Internal Revenue
Service that Participant contributions that are picked up by the Employer are
not includable in the Participant's gross income for federal income tax pur-
poses. The Employer may seek such a ruling.
Picked up contributions are excludable from the Participant's gross
income under section 414(h)(2) of the Internal Revenue Code of 1986 only
if they meet the requirements of Rev. Rul. 81 -35, 1981 -1 C.B. 255. Those
requirements are (1) that the Employer must specify that the. contributions,
although designated as employee contributions, are being paid by the Em-
ployer in lieu of contributions by the employee; and (2) the employee must
not have the option of receiving the contributed amounts directly instead of
having them paid by the Employer to the plan.]
❑ Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant _% of Earn-
ings for the Plan Year (subject to the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed % of
Earnings or $ . Under this option, there is a single, fixed rate of Em-
ployer contributions, but a Participant may decline to make the required
Participant contributions in any Plan Year, in which case no Employer contri-
bution will be made on the Participant's behalf in that Plan Year.
❑ Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
% of the Participant contributions made by the Participantior
the Plan Year (not including Participant contributions exceeding % of
Earnings or $ );
PLUS % of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includ-
ing Participant contributions exceeding in the aggregate % of Earnings
or $ ).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or % of Earnings, whichever is ❑ more or
❑ less.
MPP.Adoption Agreement 12/23/94
001 -94
C,
2. Each Participant may make voluntary (unmatched), after -tax contribution, subject to
the limitations of Section 4.05 and Articles V and VI of the Plan.
Yes ❑ No
3. Employer contributions and- Participant contributions shall be contributed to the
Trust in accordance with the following payment schedule:
bi- weekly coincident with payroll
VIII. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
(b) Bonuses
Yes U No
❑ Yes U No
IX. LIMITATION ON ALLOCATIONS
If the Employer (i) maintains or ever maintained another qualified plan in which any Par-
ticipant in this Plan is (or was) a participant or could possibly become a participant, and /or
(ii) maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi-
vidual medical account (as defined in section 415(1)(2) of the Code, under which amounts
are treated as Annual Additions with respect to any Participant in this Plan) the Employer
hereby agrees to limit contributions to all such plans as provided herein, if necessary in order
to avoid excess contributions (as described in Sections 6.03 and 6.04 of the Plan).
If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(a) through (f) of the Plan will apply as if the other plan were a
Master Prototype Plan, unless another method has been indicated below.
❑ Other Method. (Provide the method under which the plans will limit
total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner that precludes Employer
discretion.)
MPP Adoption Agreement 12/23/94
001 -94
2. If the Participant is or has ever been a participant in a defined benefit plan main-
tained by the Employer, and if the limitation in Section 6.04 of the Plan would be
exceeded, then the Participant's Projected Annual Benefit under the defined benefit
plan shall be reduced in accordance with the terms thereof to the extent necessary to
satisfy such limitation. If such plan does not provide for such reduction, or if the
limitation is still exceeded after the reduction, annual additions shall be reduced to
the extent necessary in the manner described in Sections 6.01 through 6.03. The
methods of avoiding the limitation described in this paragraph will not apply if the
Employer indicates another method below.
❑ Other Method. (Note to Employer: Provide below language which will satisfy
the 1.0 limitation of section 415(e) of the Code. Such language must
preclude Employer discretion. See section 1.415 -1 of the Regulations for
guidance.)
3. The limitation year is the following 12- consecutive month period: same as -plan year
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1) the minimum
vesting requirements as noted and (2) the concurrence of the Plan Administrator.
Years of
Specified
Minimum
Service
Percent
Vesting
Completed
Vesting
Requirements"
Zero
0 %
No minimum
One
6 %
No minimum
Two
0 %
No minimum
Three
0 %
Not less than 20%
Four
0 %
Not less than 40%
Five
100 %
Not less than 60%
Six
100 %
Not less than 80%
Seven, or more
100 %
Must equal 100%
( "These minimum vesting requirements conform to the Code's three to seven year vesting
schedule. If the employee becomes 100% vested by the completion of five years of service,
there is no minimum for years three and four.)
XI. Loans are permitted under the Plan, as provided in Article XIV:
❑ Yes % No
MPP Adoption Agreement 12/23/94
001 -94
0
XII. The Employer hereby attests that it is a unit of state or local government or an agency or
instrumentality of one or more units of state or local government.
XIIL The Prototype. Sponsor hereby agrees to inform the Employer of any amendments to the
Plan made pursuant to Section 15.0.5 of the Plan or of the discontinuance or abandonment
of the Plan.
XIV. The Employer hereby appoints the Prototype Sponsor as the Plan. Administrator pursuant to
the terms and conditions of the 1CMA.RETIREMENT CORPORATION PROTOTYPE
MONEY PURCHASE PLAN & TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
XV. The Employer hereby acknowledges it understands that failure to properly fill out this
Adoption Agreement may result in disqualification of the Plan.
XVI. An adopting Employer may not rely on a notification letter issued by the National or
District Office of the Internal Revenue Service as evidence that the Plan is qualified
under section 401 of the Internal Revenue Code. In order to obtain reliance with
respect to plan qualification, the Employer must apply to the, appropriate key district
office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document
number 001.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on
this 15th . day of April —11997 -.
EMPLOYER
By:0 -Z(.O-t�
Accepted: ICMA RETIREMENT CORPORATION
Los
Title: Personnel 3�� Title: Corporate Secretary
F�l
MPP Adoption Agreement 12/23/94
001 -94
ICMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN &TRUST
ADOPTION AGREEMENT
#001
Account Number
9681
The Employer hereby establishes a Money Purchase Plan and Trust to be known as City of San Luis
Obispo City Attorney Money Purchase Plan (the `-`Plan ") in the form of the ICMA Retirement
Corporation Prototype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
❑ Yes
5 No
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
I. Employer:
IL Prototype Sponsor:
Name:
Address:
City of San Luis Obi
ICMA Retirement Corporation
777 N. Capitol Street, N.E.
Washington, D.C. 20002 -4240
Telephone Number: (202) 962 -4600
III. The Effective Date of the Plan shall be the first day of the Plan Year during which the
Employer adopts the Plan, unless an alternate Effective Date is hereby specified:
April 3, 1997
IV. Plan Year will mean:
The twelve (12) consecutive month period which coincides with the limita-
tion year. (See Section 6.05(i) of the Plan.)
❑ The twelve (.12) consecutive month period commencing on and
each anniversary thereof.
MPP Adoption Agreement 12 /23/94
001 -94
V.
VI.
VII.
C
!C
Normal Retirement Age shall be age 60 (not to exceed age 65).
ELIGIBILITY REQUIREMENTS:
The following group or groups of Employees are eligible to participate in the Plan:
All Employees
All Full -Time Employees
Salaried Employees
Non -union Employees
Management Employees
Public Safety Employees
General Employees
City Attorheylow)
The group specified must correspond to a group of the same designation that is defined
in the statutes, ordinances, rules, regulations, personal manuals or other material in
effect in the state or locality of the Employer.
2. The Employer hereby waives or reduces the requirement of a twelve (12) month
Period of Service for participation. The required Period of Service shall be N/A
(write N/A if an Employee is eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N/A (not to exceed age 21. Write N/A if no
minimum age is declared.)
CONTRIBUTION PROVISIONS
1
The Employer shall contribute as follows (choose one, if applicable):
Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
The Employer shall contribute on behalf of each Participant Z • - 5 _ % of
Earnings or $ for the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required to contribute 2. 5 % of Earnings
or $ for the Plan Year as a condition of participation in the Plan. (Write
"0" if no contribution is required.,) If Participant Contributions are required
under this option, a Participant shall not have the right to discontinue or
vary the rate of such contributions after becoming a Plan Participant.
MPP Adoption Agreement 12 /23/94
001 -94
The Employer hereby elects to "pick up" the Mandatory/Required Participant
Contribution.
U Yes ❑ No
[Note to Employer: Neither an opinion letter issued by the Internal
Revenue Service with respect to the Prototype Plan, nor a determination
letter issued to an adopting Employer is a ruling by the Internal Revenue
Service that Participant contributions that are picked up by the Employer are
not includable in the Participant's gross income for federal income tax pur-
poses. The Employer may seek such a ruling.
Picked up contributions are excludable from the Participant's gross
income under section 414(h)(2) of the Internal Revenue Code of 1986 only
if they meet the requirements of Rev. Rul. 81 -35, 1981 -1 C.B. 255. Those
requirements are (1) that the Employer must specify that the contributions,
although designated as employee contributions, are being paid by the Em-
ployer in lieu of contributions by the employee; and (2) the employee must .
not have the option of receiving the contributed amounts directly instead of
having them paid by the Employer to the plan.]
❑ Fixed. Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant 2_5 % of Earn-
ings for the Plan Year (subject to the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed % of
Earnings or $ . Under this option, there is a single, fixed rate of Em-
ployer contributions, but a Participant may decline to make the required
Participant contributions in any Plan Year, in which case no Employer contri-
bution will be made on the Participant's behalf in that Plan Year.
❑ Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
% of the Participant contributions made by the Participant for
the Plan Year (not including Participant contributions exceeding % of
Earnings or $ );
PLUS % of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includ-
ing Participant contributions exceeding in the aggregate % of Earnings
or $ ).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or % of Earnings, whichever is ❑ more or
❑ less.
MPP Adoption Agreement 12/23/94
001 -94
2. Each Participant may make voluntary (unmatched), after -tax contribution, subject to
the limitations of Section 4.05 and Article_ s V and VI of the Plan.
Q Yes ❑ No
3. Employer contributions and-Participant contributions shall be contributed to the
Trust in accordance with the following payment. schedule:
bi- weekly coincident with payroll
VIII. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
(b) Bonuses
❑ Yes No
❑ Yes U No
IX. LIMITATION ON ALLOCATIONS
If the Employer (i) maintains or ever maintained another qualified plan in which any Par-
ticipant in this Plan is (or was) a participant or could possibly become a participant, and /or
(ii) maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi-
vidual medical.account (as defined in -section 415(l)(2) of the Code, under which amounts
are treated as Annual Additions with respect to any Participant in this Plan) the Employer
hereby agrees to limit contributions to all such plans'as provided herein, if necessary in order
to avoid excess contributions (as described in Sections 6.03 and 6.04 of the Plan).
If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(a) through. (f) of the Plan will apply as if the other plan were a
Master Prototype Plan, unless another method has been indicated below.
❑ Other Method. (Provide the method under which the plans will limit
total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner that precludes Employer
discretion.)
IBM
Brim MPP Adoption Agreement 12 /23/94
001 -94
2. If the Participant is or has ever been a participant in a defined benefit plan main-
tained by the Employer, -.and if the limitation in Section 6.04 of the Plan would be
exceeded, then the Participant's Projected Annual Benefit under the defined benefit
plan shall be reduced in accordance with the terms thereof to the extent necessary to
satisfy such limitation. If such plan does not provide.for such reduction, or if the
limitation is still exceeded after the reduction, annual additions shall be reduced to
the extent necessary in the manner described in Sections 6.01 through 6.03. The
methods of avoiding the limitation described in this paragraph will not apply if the
Employer indicates another method below.
❑ Other Method. (Note to Employer: Provide below language which will satisfy
the 1.0 limitation of section 415(e) of the Code. Such language must.
preclude Employer discretion. See section 1.415.1 of the Regulations for
guidance.)
3. The limitation year is the following 12- consecutive month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule; subject to (1) the minimum
vesting requirements as noted and (2) the concurrence of the Plan. Administrator.
Years of
Specified
Minimum
Service
Percent
Vesting
Completed
Vesting
Requirements **
Zero
0 %
No.minimum
One
0 %
No minimum
Two
0 %
No minimum
Three
0 %
—�%
Not less than 20%
Four
Not less than 40%
Five
100 %
Not less than 60%
Six
100 %
Not less than 80%
Seven, or more
100 %
Must equal 100 %
(* *These minimum vesting requirements conform to the Code's three to seven year vesting
schedule. If the employee becomes 100% vested by the completion of five years of service,
there is no minimum for years three and four.)
XI. Loans are permitted under the Plan, as provided in Article XIV.
❑ Yes No
MPP Adoption Agreement 12 /23/94
001-94 Ronal
XII. The Employer hereby attests that it is a unit of state or local government or an agency or
instrumentality of one or more units of state or local government.
XIII. The Prototype Sponsor hereby agrees to inform the Employer of any amendments to the
Plan made pursuant to Section 15.05 of the Plan or of the discontinuance or abandonment
of the Plan..
XIV. The Employer hereby appoints the Prototype Sponsor as the Plan Administrator pursuant. to
the terms and conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE
MONEY PURCHASE PLAN & TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
XV. The Employer hereby acknowledges it understands that failure to properly fill out this
Adoption Agreement may result in disqualification of the Plan.
XVI. An adopting Employer may not rely on a notification letter issued by the National or
District Office of the Internal Revenue Service as evidence that the Plan is qualified
under section 401 of the Internal Revenue Code. In order to obtain reliance with
respect to plan qualification, the Employer must apply to the appropriate key district
office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document
number 001.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on
this 15th day of April , 19 97
EMPLOYER
By
To
At
Accepted: ICMA RETIREMENT CORPORATION
Title: Corporate Secretary
Attest:
MPP Adoption Agreement 12/23/94
001 -94
DECLARATION OF TRUST OF ICMA RETIREMENTTRUST
ARTICLE I. NAME AND DEFINITIONS
Section 1.1 Name: The Name of the.Trust created hereby is the
ICMA Retirement Trust.
Section 1.2 Definitions: Wherever they are used herein, the
following. terms shall have the following respective
meanings:
(a) By -laws. The By -laws referred to in Section 4.1 hereof,
as amended from time to time.
(b) Deferred Compensation Plan. A deferred
compensation plan established and maintained by a
Public Employer for the purpose of providing retirement
income and other deferred benefits to its employees in
accordance with the provision of section 457 of the
Internal Revenue Code of 1986, as amended.
(c) Employees. Those employees who participate in
Qualified Plans.
(d) Employer Trust. A trust created pursuant to an
agreement between RC and a Public Employer, or an
agreement between RC and a Public Employer for
administrative services that is not a trust, in either case
for the purpose of investing and administering the
funds set aside by such Employer in connection with its
Deferred Compensation agreements with its employees
or in connection with its Qualified Plan.
(e) Investment Contract. A non - negotiable contract
entered into by the Retirement Trust with a financial
institution that provides for fixed rate of return on
investment.
(f) ICMA. The International City/County Management
Association.
(g) ICMA/RC Trustees. Those Trustees elected by the
Public Employers who, in accordance with the
provisions of Section 3.1(a) hereof; are also members
of the Board of Directors of ICMA or RC (or in the case
of RC, former members of the RC Board).
(h) Investment Adviser. The Investment Adviser that
enters into a contract with the Retirement Trust to
provide advice with respect to investment of the Trust
Property.
W Portfolios. The separate commingled accounts of
investment established by the Investment Adviser to
the Retirement Trust, under the supervision of the
Trustees, for the purpose of providing investments for
the Trust Property..
(j) Public Employee Trustees. Those Trustees elected by
the Public Employers who, in accordance with the
provision of Section 3.1(a) hereof,.are full -time
employees of Public Employers.
(k) Public Employer Trustees. Public Employers who
serve as trustees of the Qualified Plans.
(l) Public Employer. A unit of state or local government,
or any agency or instrumentality thereof, that has
adopted a Deferred Compensation Plan or a Qualified
Plan and has executed this Declaration of Trust.
(m) Qualified Plan. A plan sponsored bya Public Employer
for the purpose of providing.retirement income to its
employees which satisfies the qualification requirements
of Section 401 of the Internal Revenue Code, as
amended.
(n) RC. The International City Management Association
Retirement Corporation.
amended January 1995
(o) Retirement Trust. The Trust created by this
Declaration of Trust.
(p) Trust Property. The amounts held in the Retirement
Trust on behalf of the Public Employers in connection
with Deferred Compensation Plans and on behalf of
the Public Employer Trustees for the exclusive benefit
of Employees pursuant to Qualified Plans. The Trust
Property shall include any income resulting from the
investment to the amounts so held.
(q) Trustees. The Public Employee Trustees and ICMA/
RC Trustees elected by the Public Employers to serve
as members of the Board of Trustees of the Retirement
Trust.
ARTICLE II. CREATION AND PURPOSE OF THE TRUST;
OWNERSHIP OF TRUST PROPERTY
Section 2.1 Creation: The Retirement Trust was created by the
execution of this Declaration of Trust by the initial Trust-
ees and Public Employers and is established with respect to
each participating Public Employer by adoption of this
Declaration of Trust.
'Section 2.2 Purpose: The purpose of the Retirement Trust is to
provide for the commingled investment of funds held by
the Public Employers in connection with their Deferred
Compensation and Qualified Plans. The Trust Property
shall be invested in the Portfolios, in Investment Con-
tracts, and in other investments recommended by the
Investment Adviser under the supervision of the Board of
Trustees. No part of the Trust Property will be invested in
securities issued by Public Employers.
Section 2.3 Ownership of Trust Property: The Trustees shall
have legal tide to the Trust Property. The Public Employ
ers shall be the beneficial owners of the portion of the Trust
Property allocable to the Deferred Compensation Plans.
The portion of the Trust Property allocable to the Quali-
fied Plans shall be held for the Public Employer Trustees for
the exclusive benefit of the Employees.
ARTICLE I1I. TRUSTEES
Section 3.1 Number and Qualification of Trustees: (a) The
Board of Trustees shall consist of nine Trustees. Five of the
Trustees shall be full -time employees of a Public Employer
(the Public Employee Trustees) who are authorized Lgsuch
Public Employer to serve as Trustee. The remaining four
Trustees shall consist of two persons who, at the tirime of
election to the Board of Trustees, are members of the Board
of Directors of ICMA and two persons who, at the time of
election, are members or former members of the Board of
Directors of RC (the ICMA/RC Trustees). One of the
Trustees who is a director of ICMA, and one of the Trustees
who is a director of RC, shall, at the time of election, be
full -time employees of Public Employers. (b) No person
may serve as a Trustee for more than two terms in any ten -
year period.
Section 3.2 Election and Term: (a) Except for the Trustees
appointed to fill vacancies pursuant to Section 3.5 hereof,
the Trustees shall be elected by a vote of a majority of the
voting Public Employers in accordance with the proce-
dures set forth in the By -Laws. (b) At the first election of
Trustees, three Trustees shall be elected for a term of three
years, three Trustees shall be elected for a term of two years
and three Trustees shall be elected for a term of one year.
At each subsequent election, three Trustees shall be elected,
each to serve for a term of three years and until his or her
successor is elected and qualified.
[Mill
Section 33 Nominations: The Trustees who are full -time
employees of Public Employers shall serve as the Nominat.
ing Committee for the Public Employee Trustees. The
Nominating Committee shall choose candidates for Public
Employee Trustee in accordance with the procedures set
forth in the By -Laws.
Section 3.4 Resignation and Removal: (a) Any Trustee may
resign as Trustee (without need for prior or subsequent
accounting) by an instrument in writing signed by the
Trustee and delivered to the other Trustees and such
resignation shall be effective upon such delivery, or at a
later date according to the terms of the instrument. Any of
the Trustees may be removed for cause, by a vote of a
majority of the Public Employers. (b) Each Public Em-
"o yyee Trustee shall resign his or her position as Trustee
wirhine sixty days of the date on which he or she ceases to
be a full -time employee of a Public Employer.
Section 3.5 Vacancies: The term of office of a Trustee shall
terminate and a vacancy shall occur in the event his or her
death, resignation, removal, adjudicated incompetence or
other incapacity to perform the duties of the office of a
Trustee. In the case of a vacancy, the remaining Trustees
shall a point such person as they in their discretion shall
see fit f1subject to the limitations set forth in this Section),
to serve for the unexpired portion of the term of the Trustee
who has resigned or otherwise ceased to be a Trustee. The
appointment shall be made by a written instrument signed
bY a majority of the Trustees. The person appointed must
be the same type of Trustee (i.e., Public Employee Trustee
or 1CMA/RC Trustee) as the person who has ceased to be
a Trustee. An appointment of a Trustee may be made in
anticipation of a vacancy to occur at a later date by reason
of retirement or resignation, provided chat such appoint-
ment shall not become effective prior to such retirement or
resignation. Whenever a vacancy shall occur, until such
vacancy is filled as provided in this Section 3.5, the Trust-
ees in office, regardless of their number, shall have all the
powers granted to the Trustees and shall discharge all the
duties imposed upon the Trustees by this Declaration. A
written instrument certifying the existence of a vacancy
signed by a majority of the Trustees shall be conclusive
evidence of the existence of such vacancy. .
Section 3.6 Trustees Serve in Representative Capacity: By
executing this Declaration, each Public Employer agrees
that the Public Employee Trustees elected by the Public
Employers are authorized to act as agents and representa-
tives of the Public Employers collectively.
ARTICLE IV. POWERS OF TRUSTEES
Section 4.1 General Powers: The Trustees shall have the power
to conduct the business of the Trust and to carry on its
operations. Such power shall include, but shall not be
limited to, the power to:
(a) receive the Trust Property from the Public Employers,
Public EmployerTrustees or the trustee oradministrator
under any Employer Trust;
(b) enter into a contract with an Investment Adviser
providing, among other things, for the establishment
and operation of the Portfolios, selection of the
Investment Contracts in which the Trust Property may
be invested, selection of the other investments for the
Trust Property and the payment of reasonable fees to
the Investment Adviser and to any sub - investment
adviser retained by the Investment Adviser;
(c) review annually the performance of the Investment
Adviser and approve annually the contract with such
Investment Adviser;
(d) invest and reinvest the Trust Property in the Portfolios,
i
the Investment Contracts and inanyother investment
recommended by the Investment Adviser, but not
including securities issued by Public Employers,
provided that if a Public Employer has directed that its
monies be invested in one or more specified Portfolios
or in an Investment Contract, the Trustees of the
Retirement Trust shall invest such monies in
accordance with such directions;
(e) keep such portion of the Trust Property in cash or cash
balances as the Trustees, from time to time, maydeem
to be in the best interest of the Retirement Trust
created hereby without liability for interest thereon;
(f) accept and retain for such time as they may deem
advisable any securities or other property received or
acquired by them as Trustees hereunder, whether or
not such securities or other property would normally
be purchased as investment hereunder;
(g) cause any securities or other property held as part of
the Trust Property to be registered in the name of the
Retirement Trust or in the name of a nominee, and to
hold any investments in bearer form, but the books
and records of the Trustees shall at all times show that
all such investments are a part of the Trust Property;
(h) make, execute, acknowledge, and deliver any and all
documents of transfer and conveyance and any and all
other instruments that maybe necessary or appropriate
to carry out the powers herein granted;
(i) vote upon any stock, bonds, or other securities; give
general or special proxies or powers of attorney with
or without power of substitution; exercise any
conversion privileges, subscription rights, or other
options, and make any payments incidental thereto;
oppose, or consent to, or otherwise participate in,
corporate reorganizations or to other changes affecting
corporate securities, and delegated iscretionary powers
and pay any assessments or charges in connection
therewitlh; and generally exercise any of the powers of
an owner with respect to stocks, bonds, securities or
other property held as part of the Trust Property;
(j) enter into contracts or arrangements for goods or
services required in connection with the operation of
the Retirement Trust, including, but not.limited to,
contracts with custodians and contracts for the
provision of administrative services;
(k) borrow or raise money for the purposes of the
Retirement Trust in such amount, and upon such
terms and conditions, as. the Trustees shall deem
advisable, provided that the aggregate amount of such
borrowings shall not exceed 30% of the value of the
Trust Proper No person lending money to the
Trustees shall be bound to see the application of the
money lent or to inquire into its validity, expediency
or propriety or any such borrowing;
(1) incur reasonable expenses as required for the operation
of the Retirement Trust and deduct such expenses
from of the Trust Property;
(m) pay expenses properly allocable to the Trust Property
incurred in connection with the Deferred Compensation. .
Plans, Qualified Plans, or the Employer Trusts and
deduct such expenses from that portion of the Trust
Property to which such expenses are properly allocable;
(n) pay out of the Trust Property all real and personal
property taxes, income taxes and other taxes of any
.and all kinds which, in the opinion of the Trustees,
are properly levied, or assessed under existing or
future laws upon, or in respect of, the Trust Property
and allocate any such taxes to the appropriate accounts;
amended January 1995
(o) adopt, amend and repeal the By -laws, provided that
such By -laws are at all times consistent with the terms
of this Declaration of Trust;
(p) employ persons to make available interests in the
Retirement Trust to employers eligible to maintain a
Deferred Compensation Plan under Section 457 or a
Qualified Plan under Section 40I of the Internal
Revenue Code, as amended;
(q) issue the Annual Report of the Retirement Trust, and
the disclosure documents and other literature used by
the Retirement Trust;
(r) in addition to conducting the investment. program
authorized in Section 4.1(d), make loans, including
the purchase of debt obligations, provided that all such
loans shall bear interest at the current market rate;
(s) contract for, and delegate any powers granted hereunder
to, such officers, agents, employees, auditors and
attorneys as the Trustees may select, provided that the
Trustees may not delegate the powers set forth in
paragraphs (b), (c) and (o) of this Section 4.1 and may
notdelegare any powers if such delegation would violate
their fiduciary duties;
(t) provide for the indemnification of the Officers and
Trustees of the RetirementTrust and purchase fiduciary
insurance;
(u) maintain books and records, including" separate accounts
for each Public Employer, Public Employer Trustee or
Employer Trust and such additional separate accounts
as are required under, and consistentwith, the Deferred
Compensation or Qualified Plan of each Public
Employer; and
(v) do all such acts, take all such proceedings, and exercise
all such rights and privileges, although not specifically
mentioned herein, as the Trustees may deem necessary
or appropriate to administer the Trust Property and to
carry out the purposes of the Retirement Trust.
Section 4.2 Distribution of Trust Property: Distributions of the
Trust property shall be made to, or on behalf of, the Public
Employer or Public Employer Trustee, in accordance with
the terms of the Deferred Compensation Plans, Qualified
Plans or Employer Trusts. The Trustees of the Retirement
Trust shall be fully protected in making payments in accor.
dance with the directions of the Public Employers, Public
Employer Trustees or trustees or administrators of any
Employer Trust without ascertaining whether such pay-
ments are in compliance with the provisions of the appli-
cable Deferred Compensation or Qualified Plan or Em-
ployer Trust.
Section 4.3 Execution of Instruments: The Trustees may
unanimously designate any one or more of the Trustees to
execute any instrument or document on behalf of all,
including but not limited to the signing or endorsement of
any check and the signing of any applications, insurance
and other contracts, and the action of such designated
Trustee or Trustees shall have the same force and effect as
if taken by all the Trustees.
ARTICLE V. DUTY OF CARE AND LIABILITY OF
TRUSTEES
Section5.1 Duty of Care: In exercising the powers hereinbefore
granted to the Trustees, the Trustees shall perform all acts
within their authority for the exclusive purpose of provid-
ing benefits for the Public Employers in connection with
Deferred Compensation Plans and Public Employer Trust.
ees pursuant to Qualified Plans, and shall perform such acts
with the care, skill, prudence and diligence in the circum-
stances then prevailing that a prudent person acting in a
amended January 1995
( i
like capacity and familiar with such matters would use in
the conduct of an enterprise of a like character and with
like aims.
Section 5.2 Liability: The Trustees shall not be liable for any
mistake of judgment or other action taken in good faith,
and for any action taken or omitted in reliance in good
upon the books of account or other records of the Retire-
mentTrust, upon the opinion of counsel, or upon reports
made to the Retirement Trust by any of its officers, employ-
ees or agents or by the Investment Adviser or any sub-
investment adviser, accountant, appraiser or other expert
or consultant selected with reasonable care by the Trustees,
officers or employees of the Retirement Trust. The Trust-
ees shall also not be liable for any loss sustained by the Trust
Property by reason of any investment made in good faith
and in accordance with the standard of care set forth in
Section 5.1.
Section 5.3 Bond: No Trustee shall be obligated to give any
bond or other security for the performance of any of his or
her duties hereunder.
ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS
The Trustees shall annually submit to the Public Employers and
Public Employer Trustees a written report of the transactions of the
Retirement Trust, including financial statements which shall be
certified by independent public accountants chosen by the Trustees.
ARTICLE VII. DURATION OR AMENDMENT OF
RETIREMENT TRUST
Section 7.1 Withdrawal: A Public Employer or Public Employer
Trustee may, at any time, withdraw from this Retirement
Trust by delivering to the Board of Trustees a written
statement of withdrawal. In such statement, the Public
Employer or Public Employer Trustee shall acknowledge
that the Trust Property allocable to the Public Employer is
derived from compensation deferred by employees of such
Public Employer pursuant to its Deferred Compensation
Plan or from contributions to the accounts of Employees
pursuant to a Qualified Plan, and shall designate the
financial institution to which such property shall be trans-
ferred by the Trustees of the Retirement Trust or by the
trustee or administrator under an Employer Trust.
Section 7.2 Duration: The Retirement Trust shall continue
until terminated by the vote of a majority of the Public
Employers, each casting one vote. Upon termination, all of
the Trust Property shall be paid out to the Public Employ-
ers, Public Employer Trustees or the trustees or admiri_istra-
tors of the Employer Trusts, as appropriate.
Section 7.3 Amendment: The Retirement Trust maybe amended
by the vote of a majority of the Public Employers, each
casting one vote.
Section 7.4 Procedure: A resolution to terminate or amend the
Retirement Trust or to remove a Trustee shall be submitted
to a vote of the Public Employers if: (i) a majority of the
Trustees so direct; or; (ii) a petition reqquesting a vote
signed by not less that 25 percent of the Public Employers,
is submitted to the Trustees.
ARTICLE VIII. MISCELLANEOUS
Section 8.1 Governing Law: Except as otherwise required by
state or local law, this Declaration of Trust and the Retire.
ment Trust hereby created shall be construed and regulated
by the laws of the District of Columbia.
Section 8.2 Counterparts: This Declaration may be executed by
the Public Employers and Trustees in two or more counter-
parts, each of which shall be deemed an original but all of
which togethershall constitute one and the same instrument.
�:3::
RESOLUTION NO. 8665 (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FOR THE
WATER TRANSMISSION MAIN REPLACEMENT`
CALIFORNIA BLVD. TO RESERVOIR NO. 2 (ER 27 -97)
The Council of the City of San Luis Obispo resolves as follows:
Fmdmes
On March 8, 1997 the City published and made available for public:review a mitigated negative
declaration based on an initial study of environmental impact for the proposed replacement of
the water- transmission main from California Blvd.. to Reservoir No. 2, in accordance with the
California Environmental Quality Act and the City's Environmental Impact Procedures and
Guidelines.
2. The Council has reviewed and considered the initial study, and has found that there will be no
significant environmental impacts. Potential impacts will be mitigated to an acceptable level
due to features incorporated into the project design and construction. These mitigation
measures and monitoring responsibilities are identified in the initial study, on file in the
Community Development Department.
Action
1. The Council hereby approves a negative declaration.
On motion of Council. _Member, Williams seconded by Council Member Romero
and on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Smith and.mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was sed.and adopted this 15th day of April 1997.
Mayor Allen K. Settle
ATTEST:
e;zn�
C Clerk Bonni L. Ga
APPROVED as to form.
R -8665
( I I I
RESOLUTION NO.8664 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION, THEREBY DENYING THE REVISED COLORS FOR THE .
CARL'S JUNIOR RESTAURANT AT 290 MADONNA ROAD (ARC 24-97)
WHEREAS, the City Council conducted a public hearing on April 15, 1997, and has
considered testimony of interested parties including the appellants, the records of the
Architectural Review Commission hearing and action, and the evaluation and recommendation
of staff; and
WHEREAS, the City Council has determined that the project is categorically exempt
under Section 15301. (a) of the CEQA Guidelines.
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 proposed color
revisions (ARC 24 -97) and the Architectural Review Commission's recommendations, public
testimony, the appellant's statements, staff recommendations and reports thereof, makes the
following finding:
1. The project is inconsistent with the restaurant's original design theme and the City's
Architectural Guidelines, specifically:
■ Project designs should reflect the City's unique, open character and be
suitable for their proposed locations.
■ The project's appearance should go with its surroundings in a pleasing way,
and should be designed as a whole.
o Exterior treatment should be restrained, not harsh or garish, and should be
selected for durability, weathering characteristics and ease of maintenance
as well as for initial beauty.
8664
Resolution No. (1997 Series)
Page 2
SECTION 2. Denial. The appeal is hereby denied, and the request for revised
building colors is denied.
On motion of Vice Mayor Roalman , seconded by
Council Member Smith , and on the following roll call vote:
AYES: Vice Mayor Roalman, Council Member Smith and Mayor Settle
NOES: Council Members Romero and Williams
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of April, 1997.
Mayor Allen Settle
ATTEST:
City Clerk %nni�,Gawf"
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Attachment 9
RESOLUTIONNO. 8663 (1997 Series)
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN LUIS OBISP_ O
ADOPTING AN INCENTIVE PROGRAM
TO ASSIST IN THE STRENGTHENING
OF UNREINFORCED MASONRY BUILDINGS
WHEREAS, the City of San Luis Obispo contains 113 buildings of urireinforced masonry
(URM) construction determined to be "potentially hazardous" during a seismic event; and
WHEREAS, the City of San Luis Obispo is subject to the provisions of Section 8875 et
seq. of Chapter 12.2, Division 1, Title 2 of the Government Code, requiring that the City establish
a mitigation program to substantially reduce the hazards associated with URM buildings; and
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to
provide citizens with the greatest degree of life safety involving buildings of URM construction in the
most cost effective manner; and
WHEREAS, the City Council of the City of San Luis Obispo seeks to encourage seismic
strengthening of URM buildings in a timely fashion by assisting owners of URM buildings; and
WHEREAS, it is in the public interest and serves an important municipal purpose to provide
incentives for the strengthening of URM buildings; and
WHEREAS, the City Council of the City of San Luis Obispo held a noticed public hearing
concerning incentives and other forms of assistance on April 15, 1997.
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby establishes
the following:
SECTION 1. FEES.
A. Resolution No. 8089 (1992 Series); establishing a credit_ to be applied to the fees
for an architectural review application, plan review, and/or building permit for a
URM strengthening related projects, shall be continued. The amount of the fee
credit shall be limited to the total documented cost to provide the structural
analysis for the URM building required by Uniform Code for Building
Conservation Appendix 1, as adopted and amended..
B. Fees related to a URM seismic strengthening project that does not result in any
increase in floor area shall be waived, including parking -in -lieu, transportation
impact; and sewer and water impact fees.
C. Construction permit and planning fees for URM replacement buildings shall be
waived.
?t -3663
i
Resolution No.. 8663 (1997 Series)
Page 2 1
D. Fees for required inspections of URM strengthening work during off -hours shall be
Waived.
E. Sewer and water use charges during the construction period for a URM
strengthening project, limited to a maximum of 6 months and not to exceed the
previous 6 months of occupied use, shall be waived.
F. Fees for contractor parking on the street near the construction site, limited to 3
spaces directly adjacent to the building undergoing URM strengthening, shall be
Waived. If less than 3 spaces are available directly adjacent, contractor may obtain
written permission .from adjoining business for use of other spaces. Free spaces
shall not exceed a 6 -month duration.
SECTION 2. CONVERSION.
A URM building may be totally converted to a warehouse or residential use up to 5
dwelling units and be exempt from compliance with Appendix 1 of the Uniform Code for
Building Conservation as adopted by the City.
SECTION 3. DEMOLITION.
As allowed by demolition regulations in Appendix Chapter 1 of the Uniform Building
Code, as adopted by the City; a demolition permit for a URM building that is not listed on
the Inventory of Historical Resources is .subject only to photographic documentation and
the 90 -day advertising of availability for moving or salvage.
SECTION 4. FIRE SPRINKLERS.
The fire - sprinkler installation deadline for URM buildings in the downtown zone shall
remain tied to the final URM Level B Strengthening deadline (2017) as allowed by
previous ordinance, unless triggers cause Level B Strengthening at an earlier date.
SECTION 5. ASSESSMENT DISTRICT.
The City shall provide technical assistance in forming a voluntary assessment district to
assist in financing URM strengthening projects and fire sprinkler installation if there is
sufficient property owner interest.
SECTION 6. GRANTS.
The City will provide -a $250,000 grant fund, available on a first -come, first- served basis to
partially offset URM strengthening cost. For Level A Strengthening, the maximum grant
shall be 25% of strengthening cost up to $5,000; and for Level. B Strengthening, the
maximum grant shall be 25% of strengthening cost up to $25,000.
Resolution No. 8663 (1997 Series)
Page 3
Upon motion of Council Member Smith , seconded by Council Member Romero ,
and on the following roll call vote:
AYES: Council Members Smith, Romero., Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 15th day of April i 1997.
Mayor Allen K. Settle
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RESOLUTION NO. 8662, (1997 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 2 of the Managerial Compensation Plan for Appointed Officials
et.al. (Resolution No. 8412 - 1995 Series); and
WHEREAS, by Resolution No. 8525 (1996 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 3, 1997 the City Attorney's salary shall increase
from $7,085 per month to $7,368 per month.
SECTION 2. The City will contribute toward a 401(a) money purchase retirement
plan in the amount of 2.5% of salary and discontinue the 2% contribution toward the 457
deferred compensation plan.
SECTION 3. All other compensation and benefits afforded the City Attorney
under the Appointed Officials Compensation Plan (Resolution No. 8412 - 1995 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 4. The City Council shall evaluate the performance of the City
Attorney annually.
On motion of Council Member Smith , seconded by Council
Member Romero , and on the following roll call vote:
AYES: Council Members Smith, Romero, Williams and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
R -8662
Resolution No. 8662(1997 Series)
Page 2.
The foregoing Resolution was passed and adopted this 15th day of April , 1997.
ATTEST:
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APPROVED AS TO FORM:
4tn JEFFREY G. JORGENSEN, CITY ATTORNEY
RESOLUTION NO. 8661 (1997 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. 8524 (1996 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 3, 1997, the City Administrative Officer's salary shall
increase from $8,015 per month to $8,296 per month.
SECTION 2. The City will contribute 3.5% of salary to a 401(a) money purchase
retirement plan and discontinue the 2% of salary contribution to the 457 deferred
compensation plan.
SECTION 3. The annual administrative leave of 80 hours will be converted to a
pay -only provision to be included in salary.
SECTION 4. All other compensation and benefits afforded the City
Administrative Officer under the Appointed Officials Compensation Plan (Resolution No.
8412 - 1995 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 5. The City Council shall evaluate the performance of the City
Administrative Officer annually.
On motion of Council Member Smith , seconded by Council
Member Romero , and on the following roll call vote:
AYES: Council Members Smith, Romero, Williams and Mayor Settle
NOES' Vice Mayor Roalman
ABSENT: None
D_5zr Al
Resolution No. 86 61(1997 Series)
Page 2.
The foregoing Resolution was passed and adopted this 15th day of April 1997.
O, ALLtN SETTLE
ATTEST:
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APPROVED AS TO FORM:
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RESOLUTION NO. 8660 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OREDERING TERRITORY DESIGNATED AS ANNEXATION #44
BEING A PORTION OF SUBURBAN ROAD RIGHT -OF -WAY
ANNEXED TO THE CITY OF SAN LUIS OBISPO
(City File No. 17 -96)
WHEREAS, the Local Agency Formation Commission of San Luis Obispo County (LAFCo)
adopted resolution Nos. 974, 97 -3, 97 -2, and 97 -1 making determinations and approving the
proposed annexation as described in attached Exhibits A and B; and
WHEREAS, the terms and conditions of annexation as approved by LAFCo are as provided in
said resolutions; and
WHEREAS, the reason for this proposed annexation is to avoid jurisdictional confusion over road
maintenance and emergency response; and
WHEREAS, the regular County assessment roll is used by this City; and
WHEREAS, the City Council certified the annexation's categorical exemption on May 17, 1996
date pursuant to the California. Environmental Quality Act, and with the findings contained in the
City Council Resolution No. 8543 (1996 Series); and
WHEREAS, LAFCo has authorized the City Council to approve this annexation of right -of -way;
BE IT RESOLVED that the Council of the City of San Luis Obispo hereby orders the territory
described in Exhibits A and B annexed, and directs the City Clerk to transmit a certified copy of
this resolution with applicable fees (or evidence of payment) required by Section 54902.5 of the
Government Code to the Executive Officer of the Local Agency Formation Commission of San
Luis Obispo County.
On motion Of Council Member Smith seconded by Council Member Romero and
on the following roll call vote:
AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of April , 1997.
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final resolution for Annexation n i4
Page 2
Resolution No. 8660 (1997 Series)
ATTEST:
APPROVED AS TO FORM:
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Exhibit "A"
EXHIBIT `A'
LEGAL DESCRIPTION
Being the southerly 25 feet of Lots 1, ,2 and 3 along with the northerly 25 feet of Lots 28,
29, 30 and 31 of the subdivision of Lots 24, 26, 31, the north half of Lots 18 23, 27, 30,
and the south portion of Lot 17 of the Hartford and Chapman.Subdivision,.in Township
31 South, Range 12 East, Mount.Diablo Base and Meridian„ lying within the Vachell
Tract, said land being the Road 50 feet wide as shown on map recorded in Book 1, Page 4
of Record of Surveys in the office of the County Recorder of San Luis Obispo County,
State of California,
END OF LEGAL DESCRIPTION
i
RESOLUTION NO. 8659 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST FOR A GENERAL PLAN AMENDMENT AND REZONING
FOR PROPERTY AT 2238 BROAD STREET
(GP/R/ER 32 796)
WHEREAS, the City Council conducted a public hearing on April 1, 1997 and has considered
testimony of interested persons and the project evaluation and recommendations of staff,
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of a request to amend the
General Plan Land Use Element Map and the official zoning map, thereby designating and zoning the
project site Neighborhood - Commercial (C -N), makes the following findings:
1. It is not desirable to have Neighborhood - Commercial uses occupy the entire site because of the
estimated volume of traffic these uses would add to a major intersection where long traffic
delays are already experienced.
2. The proposed project is not consistent with Land Use Element Policy 3.2.2.B which states that
new or expanded neighborhood commercial centers should provide uses to serve nearby
residents and not the whole City, and should have safe and pleasant pedestrian access from the
surrounding service area.
SECTION 2. Denial. The request for approval of the general plan map amendment and
rezoning described above is hereby denied.
On motion of Roalman seconded by Smith , and on
the following roll call vote:
AYES: Council Members Roalman, Smith and Mayor Settle
NOES: Council Members Romero and Williams
ABSENT: None
the foregoing resolution was passed and adopted this
ATTEST:
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1st day of April , 1997.
Mayor Allen Settle
R -8659
Resolution No. 8659 (1997 Series)
GP/R 32 -96 - Albertsons
Page 2
APPROVED AS TO FORM:
8658
RESOLUTION NO. (1997 Series)
A RESOLUTION OF RECOMMENDATION
BY THE SAN LUIS OBISPO CTTY COUNCIL
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO
APPROVE THE PREFUMO CREEK HOMES ANNEXATION
SLO COUNTY ANNEXATION # 48
WHEREAS, the Planning Commission and the City Council have held public hearings on the
proposed Prefumo Creek Homes Annexation; and
WHEREAS, the City Council on April 1, 1997, by Resolution No. 86511997 Series), certified
an Environmental Impact Report (EIR) for the proposed annexation, pursuant to the California
Environmental Quality Act Guidelines Section 15090; and
WHEREAS, on recommendation of the Planning Commission and as a result its deliberations,
the council has amended the General Plan Land Use and Circulation Maps, and approved the
amendment of the Zoning Map by prezoning the property for the annexation known as the Prefumo
Creek Homes Annexation; and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local
Agency Formation Commission to initiate formal annexation proceedings;
WHEREAS, the territory proposed to be annexed is uninhabited; and a description of the
boundaries of the territory is set forth in Section 2; and
WHEREAS, this proposal is consistent with the sphere of influence of the affected city.
THEREFORE, BE IT RESOLVED BY THE SAN LUIS OBISPO CITY COUNCIL AS
FOLLOWS:
R - 8658
8658
Resolution No. (1997 Series)
Page 2
SECTION 1. Findings.
1. Annexation is appropriate since the site is contiguous to the City on its north and east
sides.
2. Annexation of the site is a logical addition to the City, due to its location adjacent and
nearby to existing residential development, and the availability of services.
3. Based on information in the application, a field inspection, and a review of relevant
references in the Community Development Department, staff has determined that
there is no evidence before the Department that the project will have any potential
adverse effects on fish and wildlife resources or the habitat upon which the wildlife
depends.
4. The City Council has certified an Environmental Impact Report (EIR) for the
proposed annexation, pursuant to the California Environmental Quality Act
Guidelines Section 15090, which is hereby incorporated into this resolution by
reference and adequately address the potential significant environmental impacts of
the proposed annexation.
SECTION 2. Annexation Area Described'. The Prefumo Creek Homes Annexation consists of
that area, including approximately 384 acres, on the south side of Prefumo Canyon Road, near
Castillo Court, in the City of San Luis Obispo, County of San Luis Obispo, being Assessor's
Parcel Number 067 - 221 -029, as shown on the attached map, Exhibit A, and legally described in the
attached Exhibit B.
SECTION 3. Council Recommendation. The City Council.recommends that the Local Agency
Formation Commission approve the proposed annexation subject to property owner compliance with
city requirements regarding environmental mitigation and public improvements as described in the
project's EK in accordance with California Government Code Section 56844 et. M.
.SECTION 4. Implementation. The City Clerk shall forward a copy of this resolution, General
Plan and prezoning actions, EIR, and all pertinent supporting documents to the Local Agency
Formation Commission.
NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the
City Council of the City of San Luis Obispo.
Resolution No. (1997 Series)
Page 3
On motion of Council Member Romero
and on the following roll call vote:
seconded by Council Member Williams
AYES: Council Members Romero, Williams and Smith
NOES: Vice Mayor Roalman and Mayor Settle
ABSENT: None
the foregoing resolution was passed and adopted this 1st day o f April , 1997.
SM10 M00,10
Mayor Allen Settle
ATTEST:.
ity Clerk Bonnie Gawf
APPROVED AS TO FORM:
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EXHIBIT A
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PREFUHO CREEK HOMER Map B -2
Environmental Impact Report Project Site
Exhibit B
Legal Description
Lots 55 and 56 of the Subdivision of. the Rancho Canada de Los Osos Y La Laguna,
in the County of San Luis Obispo, State of California, according to map filed
October 8, 1869 -in Book A at page 84 of Maps.
Excepting from Lot 56 those portions of land as granted to Teakwood Terrace, -
Inc., a California corporation; by deeds recorded January 28, 1971 in Book 1603
at page 232 of Official Records and ;recorded September 5',, 1972 in Book 16.86 at
page 569 of Official Records.
Also excepting therefrom that portion of land granted. to the County of San Luis
Obispo by deed recorded October 8, 1976 in Book 1927 at page 656 of.Official
Records.
Also excepting therefrom those portions of said lots; included within the
boundaries of Map No. SLO 75 -53 filed February 28, 1975 in Book.17 at page 50 of
Parcel Maps.
Also excepting therefrom that portion of Lot 56 granted to the City of San Luis
Obispo, by deed recorded September 30, 1983 in.BOok 2526 at page 585 of Official
Records.
Also excepting therefrom that portion of said lots..granted to the City of San
Luis Obispo by deed recorded May 14, 1985 in Book 2707 at page 101 of Official
Records.
Also excepting therefrom Lots 1 through 8 of Tract 1053, in the County of San
Luis Obispo, State of California, according to map filed September 29, 1987 in
Book 14 at page 15 of Maps.
Also excepting the that portion of said Lot 55 granted to the County of
San Luis Obispo, State of California, by deed recorded May 18, .1988.in Book 3145
at page 336 of Official Records; under Recorder's Series. Number 26458.
Said land is also shown as the remainder parcel on map.of said Tract 1053 as
described above.
Al fACHMENT- 2
RESOLUTION NO. 8657 (1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE MAPS AND TEXTS OF THE GENERAL PLAN LAND USE
AND CIRCULATION ELEMENTS IN CONJUNCTION WITH THE
CONSIDERATION OF THE PREFUMO CREEK HOMES
ANNEXATION PROJECT LOCATED AT
1855 PREFUMO CANYON ROAD (GP 26-95)
WHEREAS, the Planning Commission conducted a public hearing on March 3, 1997,
and recommended approval of amendments to the maps and texts of the Land Use and
Circulation Elements of the City's General Plan in conjunction with the consideration of the
Prefumo Creek Homes Project located at 1855 Prefumo Canyon Road; and
WHEREAS, the City Council conducted a public hearing on April 1, 1997, and has
considered testimony of the applicant, 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 general plan amendments are
consistent with the General Plan and other applicable City ordinances; and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental Guidelines.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City council finds and determines
that the project's Final Environmental Impact Report adequately addresses the potential
significant environmental impacts of the proposed Zoning map amendments, and reflects the
independent judgment of the City Council. The Council through the certification of the Final
Environmental Impact Report incorporates the mitigation measures fisted in Exhibit A into the
project.
R - 8657
l �
City Council Resolution No. 8657 (1997 Series)
Page 2
SECTION 2. That this Council approves the General Plan Map Amendments described
below, based on the following findings:
Map Amendments
• to designate the developable portion of the site as Low Density Residential and the
remainder as Open Space (Land Use Element Map);
• to modify the location of the Urban Reserve Line to include the developable portion of
the site (Land Use Element Map); and
• to change the designation of Descanso Drive from a. local residential street to a residential
collector (Figure # 2, Circulation Element Streets Classification Map).
Findings
1. The proposed amendments are consistent with the goals and policies of the General Plan,
with the proposed text amendment outlined below, and with compliance with all of the
mitigation measures contained in the project EIR.
2. The project is consistent with Open Space Policy 1.C., Urban Reserve (numbered as
Policy 13.2.1 C in the general plan digest), which "requires projects that would involve
minor expansions of the URL to secure open space" on land adjoining but outside the new
URL location.
SECTION 3. That this Council approves the General Plan Text Amendments described
below, based on the following findings:
Text Amendments
e to modify Land Use Element (LUE) Policy 6.2.6. J as follows:
The Pre
fumo Creek area extends into the Irish Hills west of Prefumo Carryon Road
Development should be limited to areas within the URL with permanent protection of the
creeks and upper hillsides.
• to amend Footnote (3) of Policy 5.2 of the Circulation Element to read:
For Chorro Street, north of Lincoln Street, and Prefumo Carryon Road the maximum
desired ADT goal is 7,500 ADT.
Findings
City Council Resolution No. 8657 (1997 Series)
Page 3
1. The proposed LUE text amendment will. not jeopardize the integrity of the LUE with the
proposed modification to the location of the URL.
2. The proposed Circulation Element text amendment reflects realistic traffic levels and goals
and is consistent with strategies used elsewhere in the City to resolve street capacity
issues.
SECTION 4. AdgRtion.
1. The Land Use Element Map is hereby amended as shown in Exhibit B.
2. The Circulation Element Map is hereby amended as shown in Exhibit C.
3. The Community Development Director shall cause the change to be reflected in
documents which are on display in City Hall and are available for public
viewing and use.
On motion of Council` Member Romero , seconded by
Council Member Williams , and on the following roll call vote:
AYES: Council Members Romero, Williams, Smith and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
the foregoing resolution was passed and adopted this lstday of April , 1997.
Mayor Allen Settle
ATTEST:
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City Council Resolution No. (1997 Series)
Page 4
APPROVED AS TO FORM:
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Prefumo Creek Homes EIR
Mitigation Measures
Land Use
EXHIBIT A
D -7. To achieve consistency with policy 1.13.3 of the Land Use Element
(development plans), any of the following actions is required:
a. A specific plan must be prepared, or
b. The proposal must be amended to include a PD (Planned Development) or an
S (Special Conditions) overlay district and a development plan must be prepared,
or
c. City planning officials may determine that the. submitted subdivision map .
allows for adequate review of the project.
D -8. To achieve consistency with policy 1.9.3 of the Land Use Element, policy 4C of
the Circulation Element and policy 2 of the Open Space Element (pedestrian
patWtrails) either of the following actions are required:
a. City planning officials may determine that the policy does not apply in this
instance because of security and privacy considerations; or
b. Require the applicant to identify and install a trail system as a condition of the
tentative subdivision map approval.
D -9. To achieve consistency with policy 6.1.1, 6.2.0, 6.2.1, and 6.2.2 of the Land Use
'Element (geologic hazards), the City must take either of the following actions:
a. Eliminate lots 22 -25 and lots 28-30 from the proposed subdivision; or,
b. Adopt the mitigation measures proposed by the Geotechnical Conditions
section in this EIR.
D -10. To achieve consistency with policy 6.2.6 J of the Land Use Element (density
and development of Prefumo Creek area), the City must take either of the following
actions:
a. The policy must be deleted, or
b. It must be amended to allow the proposed density.
D -11. To avoid inconsistency with policy 6.2.6 J of the Land Use .Element (density
and development of Prefumo Creek area), lot 12 must be deleted from the tentative
subdivision map (also see mitigation measure K -7).
D -12. To achieve consistency with policy 2.2.11 and 6.4.6 of. the Land Use Element
(creek corridor protection), and policies LA, LE, and 3.A of the Open Space Element
(creek corridor protection), the tentative subdivision map must be redrawn to
exclude areas within the top of the bank of Prefumo Creek within privately-owned
lots.
D-13. To achieve consistency with policy 1.C.4, 2.A, 2.B.11 2.B.2 and 2.0 (grasslands)
of the Open Space Element, the. City must include findings, in its approval of the
tentative subdivision nap, that these policies are discretionary. along with the
reasons why these policies should not be applied in this instance.
D -14. To achieve consistency with objective 5 and polity 1.5 (air quality) of the
Circulation Element, the City must include the residential portion of the project
within the urban reserve line. The City must_ also make a finding that adjustment
of the urban reserve line does.not violate the City's commitment to supporting the
efforts of the Air Pollution Control District to implement its Clean Air Plan.
D -15. To achieve consistency with. policy 1.31.2 of the Housing. Element (consistency
With other general plan policies), the City must adopt mitigation measures, D -1
through D -15.
D-16. To achieve consistency with. policy 1.31.2 of the Housing Element (housing on
geologic hazards), the mitigation measures required by the Geotechnical Conditions
section in this E1R must be followed.
D -17. To achieve consistency with program 2.22.1 of the Park and Recreation
Master Plan (provision of athletic fields), the project shall be required to pay park
and recreation fees, in addition to the dedication of open space, to help finance.new
athletic fields in the area.
Traffic and Circulation
E -2. To mitigate the existing deficiencies on Prefumo Canyon Road. and Descanso
Drive and the additional impact created by the proposed project, the City shall take
either of the following actions:
a. Reclassify Prefumo Canyon Road as a residential arterial between Del Rio
Avenue and Los Osos Valley Road and develop a neighborhood traffic
management plan to reduce travel speeds and divert traffic from Descanso
Drive to Prefumo Canyon Road, or
b. Amend the Circulation Element to increase the desired maximum average
daily traffic volumes and. desired maximum speed for Prefumo Canyon Road
and Descanso Drive.
E -3. To maintain consistency with the City's Bicycle Transportation Plan, the City
shall take either of the following actions:
a. Require construction of a bicycle route along Prefumo Canyon Road, or
b. Require construction of a bicycle route through the project on the main
access road and along the emergency only access road.
E-4. To improve safety conditions along Prefumo Canyon .Road, sight distance to
the east must be improved by moving the main access road eastward as far as
possible. The final main access road shall be approved by the Public Works
Department.
E -5. Cumulative impacts can be mitigated by implementing mitigation measure E -2
Noise
F -1. Require the applicant to complete grading within a four -month period. Assess
liquidated damages if the grading exceeds this time period.
F -2. Limit all project- related.construction to daytime hours (7am to 6pm). Prohibit
any construction activity, not including grading, from occurring at least one day a
week.
F -3. Clearly post noise restrictions on -site until the proposed project is completed.
Air Quality
G -1. All material excavated or graded shall be sufficiently watered to prevent
excessive amounts of dust. During the time period in which grading will occur,
watering shall occur at least twice daily including weekends with complete
coverage, preferably in the late morning and after work is finished for the day.
Reclaimed, nonpotable water from a source other than Prefumo Creek shall be used
whenever possible.
G-2. All clearing, grading earth- moving, or excavating activities shall cease during
periods of high winds (greater than 15 mph averaged over one hour) so as to
prevent excessive amounts of dust..
G-I If soil materials are transported off -site, they .shall be either sufficiently watered
or securely covered to prevent excessive amounts of dust.
G-4. 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 -S. All disturbed areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by APCD.
G =6. On -site vehicle speed during construction shall be limited to 15 mph for any
unpaved surface.
G-7. All unpaved areas with vehicle traffic shall be watered at least twice per day
including weekends, using nonpotable water from a -source other than Prefumo
Creek.
G -8. Wheel washers shall be installed where. vehicles enter and exit unpaved roads
and streets, or provisions shall be made to wash off trucks and equipment leaving
the site.
G -9: 'Best Available Control Technologies for Construction. Equipment" (CBACT)
shall be applied to+w,aone pieces of diesel fueled construction equipment involved
in grading operations. APCD- recommended modifications. are the following:
a. Injection timing retard of two degrees,
b. Installation of high pressure injections, and
c. Use of reformulated diesel fuel.
G -10. APCD recommends the following measures to address concerns of asbestos=
containing material:
a. A sampling and survey work plan shall be prepared for APCD approval.
Elements should include but are not limited to geological mapping of the
site, sampling strategy, and lab analysis methodology.
b. After APCD approval of the work plan, the sampling and survey activities
and lab analysis shall be carried out. Results should be submitted to the
District for review 30 days prior to the start of construction.
c. If asbestos - containing material is determined to be present, an asbestos
health and safety program /work plan for construction actiVities.in serpentine .
to comply with state and federal law will be required. Work plan elements
should include construction and project strategy to prevent emissions to
ambient air, a 10- working day advance notice of project start date to APCD,
protection methods to prevent worker exposure, and the presence of a
California- certified asbestos environmental monitor or registered geologist
with asbestos certification on -site during. construction activities to .identify
a
potential unmapped or subsurface serpentinite and to initiate
contractor /worker emergency procedures if required.
d. If asbestos- containing material is determined to be present, none of it shall
be used as surface -layer material on any part of the project such as road
beds, building pads, or landscaped area.
e. If asbestos - containing material is determined to be present, notification to
buyers shall be required.
f. If asbestos- containing material is not found in the serpentine deposits on
the proposed project site, the APCD requires the preparation of an
emergency work plan to address potential unmapped or subsurface
serpentinite, the presence of a certified asbestos environmental monitor or
registered geologist during construction activities to initiate an emergency
work plan if necessary, and notification of APCD of the project start date.
Geotechnical Conditions
H-4. Additional geotechnical engineering shall be performed during preparation of
the grading and. improvement plans for the project. This work will include the
development of foundation recommendations, grading specifications, and other
final engineering details for individual lots or smaller areas of the project.
Geotechnical engineering performed . at this point should consider grading
throughout the. entire project to avoid the need for repetitive studies as individual
lots are developed in the future. The resulting plans will incorporate walls, .
buttresses, subsurface drains, and other features to remove and /or stabilize the
landslide deposits on the project site. Appropriate stability analyses documenting
the performance of all slopes under ground- shaking conditions will be provided.
vicinity of the development. All plans and studies will be subject to review and
approval by the City Engineering Department.
Drainage and Water Quality
I -4. As part of the grading and improvement plans for the project, the applicant
shall prepare more detailed drainage and erosion control plans and install erosion
control improvements in appropriate locations. These plans must also indicate
points of access for maintenance of the creek and must be approved by the City
Engineering Department.
I -5. To ensure coordination of streambed alterations and to minimize .repetitive
construction projects within the streambed, the developer shall design and disclose
to regulatory agencies all proposed structures and activities within the streambed:
These would include all road construction, pipeline installation, erosion protection,
water and sewer improvements, drainage control and discharge structures, debris
removal, vegetation removal, revegetation, and any other activities that would
involve work in or adjacent to the streambed or within the jurisdictional wetlands.
The agencies to be notified. and authorizations to be obtain include the U.S. Army
Corps of Engineers Section 404 Permit; the Regional Water. Quality Control Board -
Section 401 Water Quality Certification; and the California Department of Fish and
Game - Section 1603 Streambed Alteration Agreement.
I -6. To reduce the potential for short -term debris transport and accumulation
within the streambed and to improve the capability of .the City to provide long -term
maintenance, prior to transferring the creek open space area to the City, the
applicant shall prepare and implement a program to remove . excessive vegetative
debris, old lumber, and other material that would tend to accumulate and obstruct -
flows within the streambed. This measure is not. intended to remove live
vegetation or to disrupt biological habitat and should be oriented towards removal
of downed eucalyptus branches and similar material. The program should be
designed and implemented with input from a qualified biologist and with approval
of regulatory agencies as part of the larger program of : streambed alterations
discussed below.
Biological Resources
J-4. A 30 7foot building. setback from the edge of the riparian vegetation shall be
established for lots 1 -14, 37, and 38. No disturbances other than those required to
mitigate erosion problems or to ensure adequate drainage shall be allowed.
J -5. In the vicinity of lots 31 -38, the main road shall be reduced to 30 feet and moved
at least 20 feet from the top of, the creek bank or from the edge of the dripline
whichever is greater. If substandard -size lots result from this action, these lots shall
be eliminated from the. tentative subdivision map.
J -6. The stands of perennial, native bunch grasses left in the open areas in the
southeastern corner above the building envelopes of lots 14, 15, and 19 shall be
protected. No ornamental plantings or other homeowner - related disturbances will
be allowed in this area.
J -7. The tentative subdivision map shall be redrawn so that the freshwater marsh,
located on lot 15, shall be located in the open space area.
J -B. Once bridge and road construction drawings and a more detailed grading plan
are available, a plant ecologist/ restoration specialist shall prepare a restoration plan.
success of the replanting. Preparation of._ the restoration plan .shall be the
responsibility of the project sponsors.
J -9. Disturbed areas around the bridge construction site shall be revegetated with
native riparian vegetation as soon as possible following the construction. Any
necessary pruning of trees in the vicinity shall be conducted by a certified arborist.
J -10. Trenching needed for the waterline which will cross Prefumo Creek shall be by
auguring or by hand-trenching. If roots over one -inch in diameter are encountered, .
these roots shall be cleanly cut along the sides of the trench.
J -11. CC &R'sshall ensure that the oak and riparian woodlands in the adjacent open
space areas are left undisturbed and managed properly after development, and no
ornamental plantings or other related disturbances occur following development.
J -12. The disruption of the riparian and creek area will be mitigated by complying
with the California Department of Fish and Game streambed alteration permits and
the U.S. Army Corps of Engineers wetland permits. The applicants (or their
successors) for the proposed project will prepare the necessary
documentation /mitigation plans to obtain the permitting from these agencies.
Aesthetics
K -7. Lot 12 should be eliminated. from the tentative .subdivision :map.
K -8. As a part of the application, the applicant shall submit a landscape, irrigation,
and maintenance plan to the City Architectural Review Commission for review
and approval.. The plan shall be prepared by a licensed landscape architect and a
qualified plant restoration ecologist and shall include the following:
a. Planting along either side of the riparian corridor where necessary to provide
complete screen_ ing of the interior of the site from viewing areas along Prefumo
Canyon Road. Screen planting shall be of the scale such that at maturity, views
of the hills above the development are not blocked.
b. All planting near the creek and between the creek and Prefumo Canyon Road
shall be site - appropriate. native vegetation.
c. Planting of trees and shrubs on both sides of the proposed entry road between
the creek and Prefumo Can yon Road in away should block direct views into the
site as seen from the straight section of Prefumo Canyon Road to the east.
d. Screen planting along the north side of lot 13 would help block views from
Prefumo Canyon Road through the gap created by the bridge and into the site.
e. Planting shall be placed between lot 12 as shown on the tentative subdivision
map dated 8-1 -95 and Prefumo Canyon Road so that views from Prefumo
Canyon Road will be screened from both east and westbound views.
f. Planting around the entry road between the creek and Prefumo Canyon Road
shall be designed to duplicate a naturally occurring.native plant community, not
aformal entry to a subdivision. The planting shall include appropriate trees and
associated understory.
g Appropriate existing on -site planting such as native perennial grasses and
coastal shrubs shall be integrated into the excavated slope in order to blend
visually the cut area with the adjacent land cover. The excavated slope shall not
be aesthetically "landscaped" or irrigated in such away -which would create an
artificial green appearance during the summer months.
h. Trees, shrubs, and groundcover within the _inter_ for of the development shall
be included which are native to the area or are drought- tolerant and have a
native appearance.
i. All screen planting along the creek and along the north side of Prefumo
Canyon Road shall commence either concurrently
or before the initial site grading commences. Where screen planting would be
impacted by construction of .the bridge or entry road,. planting in those specific
areas shall occur: immediately after construction in that area. Screen planting
Community - Development_- Department. Planting within the development
indicated on the .landscape plan shall be- planted prior to the sale of any of the
residential lots which would be created as a result of this project.
j. Where slow - growing plant material is used for screening purposes, larger -size
container plants shall be used.
k. After construction, seed shall be applied to all disturbed slopes. The seed shall
consist of species existing on the site prior to disturbance.
Aesthetics
K -9. The height of residences on lots 1729 shall be restricted to 25 feet, measured as
provided under Section 17.16.040 of the City's zoning regulations.
K -10. Individual lot owners shall submit plans to the Community Development
Department for architectural review and approval. The applicant's submittal shall
follow Community Development Department guidelines and include a site plan,
general project statistics, grading and drainage plan, landscape development plan,
material samples board, sectional drawings, and other information.
K -11. All excavated slopes shall incorporate slope- rounding as part of their design.
The slope- rounding shall be of the largest radius practical to blend visually with
adjacent slopes.
K -12. A geotextile capable of allowing grass- growth shall be used to line the :rock-
lined swale above lots 19, 20, 23, and 24.
K -13. All topsoil removed from graded areas shall be stockpiled and redistributed. to
the greatest extent possible throughout the site where landscaping and. revegetation.
will likely occur,
K -14. All street and home lighting shall be shielded in order to screen light sources
' from neighboring properties and from P_refumo Canyon_Road; Lighting details
shall be reviewed through the architectural review process.
K -15. Covenants, conditions and restrictions (CC &R's) shall be submitted for
consideration along with the tentative subdivision map to ensure the on -going
protection of the oak woodland, grasslands, existing individual trees, and all
riparian vegetation. including shrubs.
Public Services
M -5. A fire management plan shall be prepared by landscape architect to identify
specific fire safety measures that will reduce the possibility of a severe fire in the
area. The plan will provide precise dimensions and standards for a fuel -break
around each residential lot which borders the oak woodland or riparian area and for
the emergency access road. The fire management plan will clearly define the
responsibilities of each homeowner and the responsibility of the homeowner's
association for maintaining fire safety. The final subdivision map shall not be
approved until the fire management plan has been submitted and approved by
SLOFD and the City's Architectural Review Commission.
M -6. Based on the fire management plan., covenants, conditions, and restrictions
(CC&R's) shall be developed to identify clearly the fire safety responsibilities of the
homeowners association and of the individual lot owners.
M -7. For lots 1 -11, 13,14, and 38 as shown on the tentative subdivision map dated
8 -1 -95, any, or any combination, of the following options may be used to provide an
adequate fuel - break:
a. A variance from the front yard setback requirements may be granted to
allow the building envelopes for these lots to be closer to the street.
b. Redrawing the building envelopes would result in compliance with the 30-
foot greenbelt requirement..
14
c. If after item a. and b. above have been implemented and the 30 -foot
greenbelt requirement still cannot be met, structures shall be constructed of
nonflammable exterior materials.
Public Services Cumulative Impacts
M -B. By following the mitigation measures already adopted for the LUCEEIR for
fire protection and law enforcement, cumulative impacts can -be mitigated to a less
than significant level.. No further mitigation is, therefore, required.
Utilities
N -3. To minimize. the potential for failure of the project's sewer pump: station and
force main, a program and documentation for emergency responses must be
provided to the City prior to final approval. This emergency response plan must
identify a most probable type of failure and specify contacts and responsibilities for
the emergency response. Arrangements with a private contractor capable of
providing emergency repairs must be shown to the satisfaction of the City as part of
this plan. If required by the City, the pump station shall be provided with an
emergency power suppler
a. Require the. applicant to use another source of water for irrigation
needs.
b. Amend the policy to allow an - irrigation well to serve multiple single
family residential lots.
Cultural Resources
0-1. If any prehistoric cultural materials or buried concentrations of historic
cultural materials are unearthed, work within 1,000 feet of the find should be halted
until they can be examined and evaluated by a qualified archaeologist.
RELOCATE CITY LIMIT TO.HERE.-
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RESOLUTION NO. 8656 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE ENVIRONMENTAL IlVIPACT REPORT (EIR) FOR THE
PREFUMO CREEK HOMES ANNEXATION PROJECT
LOCATED AT 1855 PREFUMO CANYON ROAD (ER 26-95)
WHEREAS, the Planning Commission and the City Council have held public hearings on this
EIR in accordance with the California Government Code; and
WHEREAS, the EIR comes to the City Council after extensive review and with the comments
of the Planning Commission and concerned public; and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental Guidelines.
BE IT RESOLVED by the City Council as follows:
SECTION 1. Environmental Determination. The City Council hereby certifies that the Final
Environmental Impact Report for the Prefumo Creek Homes Subdivision and Annexation Project
adequately identifies the project's potentially significant impacts, alternatives to the proposed action,
and recommended mitigation measures.
SECTION 2. Findings.
1. The Final EIR was prepared in compliance with the California Environmental Quality Act
(CEQA) and was considered by the City prior to any approvals of the project.
2. The Final EIR reflects the independent judgment of the City.
3. The proposed mitigation measures contained in the EIR will adequately mitigate adverse
environmental impacts of the project, or a statement of overriding considerations will be
made for those significant and unavoidable environmental impacts.
4. The Mitigation Monitoring Program has been reviewed and approved by the City Council
in conjunction with the certification of the Final EIR.
R - RARA
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8656
Resolution No. (1997 Series)
Page 2
On motion of Council btember Romero seconded by
Council Member Williams, , and on the following roll call vote:
AYES: Council Members Romero, Williams, Roalman-; Smith and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of April , 1997.
Mayor Allen Settle
ATTEST:
1) Zia :.
APPROVED AS TO FORM:
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RESOLUTION NO. 8655 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LAND USE ELEMENT TEXT CONCERNING
R_ EPLACE_ ME_NT OF HILLSIDE_ HOUSES
(GP 54-96)
WHEREAS, the City Council conducted a public hearing on April 1, 1997, 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 has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission (ER 54-
96).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed text amendment, and reflects the independent judgment of the City
Council. The Council determines that the amendment of the Land Use Element text will not
result in any significant impacts,, and that no mitigation measures are necessary. The Council
hereby adopts said Negative Declaration.
SECTION 2. Findings. That this Council, after consideration of a General Plan Land
Use Element text amendment concerning replacement of hillside houses in limited situations
(GP 54 -96) and the Planning Commission's recommendations, staff recommendations, public
testimony, and reports thereof, makes the following finding:
A. The proposed text amendment is consistent with other policies of the General Plan..
SECTION 3. Approval. The request for approval of the Land Use Element
amendment GP 54 -96, as shown in the attached Exhibit A, is hereby approved.
SECTION 3. The Community Development Director shall cause the amendment to be
reflected in documents which are on display in City Hall and which are available for public
use.
R -8655
Resolution No. 8655
Page 2
SECTION 4. This amendment shall take affect at the expiration of 30 days following
approval.
On motion of Williams seconded by Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Romero and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
the foregoing resolution was adopted this 1stday of April 1997.
Mayor Allen K. Settle
ATTEST:
Clerk Bo
APPROVED AS TO FORM:
MYRFiJAYJAW
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RESOLUTION NO. 8654 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LAND USE ELEMENT TEXT CONCERNING
OFFICES AND BAKERIES IN SERVICES AND MANUFACTURING AREAS
(GP 115 -96)
W11EREAS, the City Council conducted a public hearing on April 1, 1997, and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the potential impacts of making the Land Use Element consistent with the existing Zoning
Regulations has been adequately addressed in previous environmental review for the adoption and
revision of the Zoning Regulations.
SECTION 2. Findings. That this Council, after consideration of a General Plan Land
Use Element text amendment concerning. offices and bakeries in the Services and Maufacturing
land use category (GP 115 -96) and the Planning Commission's recommendations, staff
recommendations, public testimony, and reports thereof, makes the following finding:
A. The proposed text amendment is consistent with other policies of the General Plan.
SECTION 3. Approval. The request for approval of the Land Use Element
amendment GP 115 -96, as shown in the attached Exhibit A, is hereby approved.
SECTION 3. The Community Development Director shall cause the amendment to be
reflected in documents which are on display in City Hall and which are available for public
use.
SECTION 4. This amendment shall take affect at the expiration of 30 days following
approval.
R -8654
Resolution No. 8654
Page 2
On motion of Romero , seconded by Smith
and on the following roll call vote:
AYES: Council Members Romero, Smith, Williams and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
the foregoing resolution was adopted this 1st day of April 199"
-
Mayor Allen K. Settle
ATTEST:
OM"
APPROVED AS TO FORM:
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smoffices -ccres
Exhibit A
LAND USE ELEMENT AMENDMENT
(GP 115 -96)
Added text is underlined. Deleted text is kftd e.
3:3.2 Office Locations
A. All types of offices are appropriate in the downtown General Retail district, but
are discouraged at. street level in storefronts of the commercial core.
B. All types of office activities are appropriate in the Office district which
surrounds the downtown commercial area, though offices needing very large
buildings or generating substantial traffic may not be appropriate in the area
which provides a transition to residential neighborhoods.
C. Medical services should be near the hospitals,
D. Government social services and the regional offices of state and federal
agencies should be near the intersections of South Higuera Street, Prado Road,
and Highway 101 (Figure 5);
E.. Large offices, with no single tenant space less than 2,500 square feet, and
having no substantial public visitation or need for access to downtown
government services may be in Services and Manufacturing districts, subject to
approval of a Planned Development zoning application.
F. Certain business and professional services
directly serve retail customers.
3.5 Services and Manufacturing
3.5.1 Purpose The City should have sufficient land designated for Services and
Manufacturing to meet most demands of the City; and some demands of the region, for
Activities such as business services, wholesaling, building contractors, utility company
yards, auto repair, printing, bakeries food manufacturing and - other light
manufacturing, and retail sales of large items, bulk quantities, and items often stored.
outdoors (vehicles, building materials, plants). Areas reserved for these uses may also
accommodate convenience restaurants and other activities primarily serving area
workers.
Exhibit A (continued)
3.5.2 Appropriate Uses The following types of uses are appropriate in areas.
designated Services and Manufacturing. Certain areas designated Services and
Manufacturing may be reserved through special zoning provisions for certain types of
uses, to assure compatibility among the wide range of potential uses, and to assure
adequate land for certain types of uses.
A. Wholesaling, warehousing, and storage;
B. Vehicle sales and rental;
C. Retail sales of products which require outdoor areas or large floor areas
for display and storage, such as warehouse stores, lumber and building
materials dealers, home improvement centers, furniture and appliances
stores, and plant nurseries;
D. Repair shops, printing services, laundries, animal hospitals, sporting
goods stores, auto parts stores, and some recreation facilities;
E. Light manufacturing, research and development, and laboratories. (See
also "Business Parks" in the Airport section, page 74.)
F_ . Large offices, with no single tenant space less than 2,500 square feet,
and having no substantial public visitation or need for access to
downtown government services may be in Services and Manufacturing
districts, subject to approval of a Planned Development zoning
application.
G. Certain business and .professional.services having no substantial public
visitation or limited .need for access to downtown government services
may be in Services and Manufacturing districts. Examples of such _uses
and fraternal organizations. veterinarians.. and insurance and financial
services that do not directly serve retail customers.
smoffces -exa
RESOLUITONNO. 8653 (1997Series)
A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL
REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION
APPROVE SLO COUNTY ANNEXATION # 47 AT
180,190 TANK FARM ROAD
(City File No: GP/R/ANNX/ER 1 -97)
SPICE HUNTER / SONIC ANNEXATION
WHEREAS, the Planning Commission and City Council have held hearings on the proposed annexation on
March 12 and April 1, 1997 respectively; and
WHEREAS, the City Council on April 1, 1997, by Ordinance No. 1321 (1997 Series), approved a
Negative Declaration with Mitigation for the proposed annexation, pursuant to the California Environmental Quality
Act Guidelines Section 15090; and
WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the
Council has approved an amendment of the Zoning Map by prezoning the annexation property; and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency
Formation Commission to initiate formal annexation proceedings; and
WHEREAS, the territory to be annexed is not inhabited, and a description of the boundaries of the territory is
set forth in attached Exhibit B; and
WHEREAS, this proposal is consistent with the sphere of influence of the affected city;
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Fes.
Annexation is appropriate since the site is contiguous to the City on its north and west sides.
2. Annexation of the site is a logical addition to the City due to its location, on -site urban development,
and availability of services.
The proposed annexation will promote the health, safety, and welfare of persons living or working in
the vicinity of the annexation area
SECTION 2: Annexation Area Described The annexation shall consist of that area, covering approximately
14.44 acres between Suburban and Tank Farm Roads, assigned Assessor's Parcel Numbers of 76- 352 -053, 055, as
shown in the site location map attached as Exhibit A and legally described in attached Exhibit B.
SECTION 3: Council Recommendation The City Council recommends that the Local Agency Formation
Commission of San Luis Obispo County approve the proposed annexation subject to property owner compliance
with City requirements regarding environmental mitigation and public improvements as described in the Negative
Declaration with mitigation, in accordance with California Government Code Section 56844 et SeMc .
SECTION 4: Imolementation The City Clerk shall forward a copy of this resolution, General Plan and
prezoning actions, the Negative Declaration of environmental impact, and all pertinent supporting documents to the
Local Agency Formation Commission
On motion of Williams seconded by
and on the following roll call vote:
Romero
R - 8653
Resolution No. 8653
Annexation # 47 - Spice Hunter /'Sonic Annexation
Page 2
AYES: Council Members Williams,'Pomero, Smith and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
the foregoing resolution was passed and adopted this
ATTEST:
APPROVED AS TO FORM:
1st April
day of , 1997.
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EXHIBIT B
CITY OF SAN LUIS OBISPO ANNEXATION
Legal Description
All that parcel of land in the County of San Luis Obispo, State of California described as follows:
Beginning at a point on the existing city limit boundary, being on the south line of a 20.00 foot
wide road at the southwest corner of Lot 48 as designated on that map entitled, "Map of the
Subdivision of the San Luis Obispo Suburban Tract", filed at the request of J. L. Beckett on
February 7, 1907 in Book 1, at Page 92 of Licensed Surveys in the office of the Recorder for said
county,
thence, along the existing city limit boundary and the westerly line of said Lot 48, northerly, 20.00
feet to comer number "SW on the northerly line of said 20.00 foot wide road (Tank Farm Road)
as designated on said Map of the Subdivision of the San Luis Obispo Suburban Tract;
thence, continue along said westerly fine of Lot 48, northerly, 22.00 feet to the northerly
boundary of that strip of land offered for dedication for road improvements as designated
according to Parcel Map No. CO -84 -054, recorded October 29, 1985, filed in Book 38, Page 32
of Parcel Maps, in the office of the Recorder for said county;
thence, leaving the existing city limit boundary, along the northerly line of said dedicated strip of
land, easterly, 62.13 feet to an intersection with northerly prolongation of the easterly line of that
parcel of land designated as Lot 5 according to that map entitled, " Map of the subdivision of Lots
24 26-31, the North half of Lots 18- 23 -30, and the South portion of Lot 17 of the Harford and
Chapman Subdivision, in Township 31 South, Range 12 East, Mount Diablo Base and Meriiiian ",
being a map of that tract of land commonly referred to as the "Vachell Tract", filed at the request
of A.H. & G.C. Vachell on February 6, 1893 in Book. 1, at Page 4 of Licensed Surveys in the
office of the Recorder for said county-,
thence, southerly 42.00 feet to the northeast corner of said Lot 5;
thence, along the easterly line of said Lot 5, southerly, 1015.08 to the southeast corner thereof
and the northeast corner of Lot 26, being on the centerline of that 50.00 foot wide road
(Suburban Road) as designated on said map of the Vachell Tract;
thence, along the east at of said Lot 26, southerly, 25.00 feet to the south line of said 50.00 loot
wide road (Suburban Road);
thence, along the southerly line of said 50.00 foot wide road (Suburban Road), westerly, 649.44
feet to the westerly line of Lot 27 as designated on said map of the Vachell Tract, being a corner
of the existing city limit boundary;
Page 1 of 2
i`7HK- Gk7- 1`J7'( 1� 4'( (;HNNUN K:)t>Ul,1HIt5 tAM Jnn 13t7bJ r. 124/174 .
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thence, along the eadsting city limit boundary, northerly, 25.00 to the northwest corner of said Lot
27 and the southwest corner of Lot 4, being on the centerline of said 50.00 foot wide road
(Suburban Road) as designated on said map of the Vachell Tract;
thence, along the westerly line of said Lot 4, northerly, 997.06 feet, to a point that lies 20.00 fea
south of the northerly line of said Lot 4;
thence, along a line parallel with and 20.00 feet southerly from the northerly.line of said Lots 4
and 5, easterly, 587.31 feet to an intersection with the southerly prolongation of the westerly line
of said Lot 48,
thence, northerly, 20.00 feet to the point of beginning.
Containing: 15.3 total acres.
Prepared by.
End Description
Daniel S. Hutchinson, LS 5139 (expires
nu{�yc�o�
Date: of v y
° N0. 5139 z
saiiosaegW.da.
Ck
Page 2 of 2
TOTAL P.04
RESOLUTION No. 8652 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A GENERAL PLAN TEXT AMENDMENT
FOR A PROPOSED ANNEXATION OF 14.44 ACRES
AT 180 and 190 TANK.FARM ROAD (GP/R/ANNX /ER 1 -97)
ANNEXATION #47
WHEREAS, the Planning Commission conducted a public hearing on March 12, 1997.and
recommended approval of an amendment to the general plan text to enable certain annexations prior to .
completion of an airport area specific plan; and
WHEREAS, the City Council conducted a public hearing on April 1, 1997 and has considered
testimony of interested persons, the records of the Planning C_ ommission hearing and action, and
evaluation and recommendations of staff;
WHEREAS, the potential environmental impacts of the amendment have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental Guidelines;
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 the recormended mitigation therein adequately addresses the potential
significant environmental impacts of the proposed project, and reflects the independent judgment
of the City Council. The Council hereby adopts said Negative Declaration (ER 1 -97).
SECTION 2. The City Council makes the following findings:
1. The proposed amendment to Land Use Element policies 1. 13.3 and 7.3 to enable interim
annexation of airport area properties will not be detrimental to the health, safety and welfare
of persons residing or working in the vicinity.
2. The proposed amendment to Land Use Element policies 1.,13.3 and 7.3, to enable interim
annexations in the Airport Area prior to completion of and Airport Area specific plan is
consistent with general plan goals and polices related to orderly development and ultimate
annexation of airport area properties.
SECTION 3. The General Plan Land Use Element text is hereby amended as shown on the
attached Exhibit A The Community Development Director shall cause the change to be reflected in
affected documents which are available in City Hall for public use.
On motion of Williams seconded by Romero and
on the following roll call vote:
Resolution No'. 8652
Anns/GP/R/ER 1 -97
Spice Hunter / Sonic
Page 2
AYES: Council Members Williams, Romero, Smith and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 1 s t day of April 1997.
Mayor Allen Settle
ATTEST:
WA VA
APPROVED:
1/1' JAAM ' 11-
'I' .ix- a
LU 1.13.3: Required Plans
Land in any of the following annexation areas may be developed only after the City has
adopted a plan for land uses, roads, utilities, the overall pattern of subdivision, and
financing of public facilities for the area. The plan shall provide for open space
protection consistent with LU policy 1.13.5.
A) For the Airport and area, a specific plan shall be
adopted for the whole -e€ A;;a area b@ fQ;e any pa;; 4 it ^^^°x°d.
Until a specific nlan is adooted_ nronerties may onlvhe annexed if
1) The property is contiguous to the existing city limits; and
2) The property is within the existing urban reserve line; and
3) The property is located near to existing infrastructure; and
4) Existing infrastructure capacity is. available to serve the
proposed development; and
5) A development plan for the property belonging to the
applicant(s) accompanies the application for annexation; and
6) The applicants) agree to contribute to the cost of preparing. the
specific plan and constructins area -wide infrastructure
improvements according to a cost sharing plan maintained by
the City.
shall be adooted
for the whole area before any part of it is annexed..
DG) For the Margarita Area, annexation may not occur until the City
Council has approved, as the project description for
environmental review, a draft specific plan. Further
development shall not occur until the City has completed
environmental review and adopted a specific plan. Cris area
shall be zoned Conservation /Open Space upon annexation, and
shall be zoned consistent with the adopted specific plan upon
adoption of the specific plan.)
ED) For an y other annexations, the required plan may be a specific
plan, development plan under "PD" zoning, or similar
development plan covering the entire area.
EXHIBIT A
LU 7.3: City Annexation and Services
The City intends to actively pursue annexation of the Airport Area 1}y- the -year 1 .
Airport Area land inside the urban reserve shall be considered for annexation if it meets
the criteria stated ' in Policy 1.13.3.A. Annexation of areas that do not meet these
interim annexation criteria may be annexed subject to completion of environmental and
economic studies and a. specific plan. Pending annexation:
A) Any urban development approved by the County shall be consistent
with City development standards; and
B) Urban development and provision of adequate resources and
services needed citywide shall be closely monitored.
EXHIBIT A
RESOLUTION NO.
8651 (1997 Series)
A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL
REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION
APPROVE SLO COUNTY ANNEXATION # 46 AT 151 SUBURBAN ROAD
(City File No: GP/R/ANNX/ER 15496)
ERNIE BALL ANNEXATION
WHEREAS, the Planning Commission and City Council have held hearings on the proposed annexation on
March 12 and April 1, 1997 respectively; and
WHEREAS, the City Council on April 1, 1997, by Ordinance No. 1320 (1997 Series), approved a
Negative Declaration with, for the proposed annexation, pursuant to the California Environmental Quality
Act Guidelines Section 15090; and
WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the
Council has approved an amendment of the Zoning Map by prezoning the annexation property; and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency
Formation Commission to initiate formal annexation proceedings; and
WHEREAS, the territory to be annexed is not inhabited; and a description of the boundaries of the territory is
set forth in attached Exhibit B; and
WHEREAS, this proposal is consistent with the sphere of influence of the affected city;
BE TT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Fes.
1. Annexation is appropriate since the site is contiguous to the City on its north side.
2. Annexation of the site is a logical addition to the City due to its location, on -site urban development,
and availability of services.
3. The proposed annexation will promote the health, safety, and welfare of persons. living or working in
the vicinity of the annexation area
SECTION 2: Annexation Area Described The annexation shall consist of that area, covering approximately
13.46 acres along Suburban Road, assigned Assessor's Parcel Numbers of 76- 352 -038, 039, as shown in the site
location map attached as Exhibit A and legally described in attached Exhibit B.
SECTION 3: Council Recommendation The City Council recommends that the Local Agency Formation
Commission of San Luis Obispo County approve the proposed annexation subject to property owner compliance
with City requirements regarding environmental mitigation and public improvements as described in the Negative
Declaration with mitigation, in accordance with California Government Code Section 56844 et m.
SECTION 4: Implementati on The City Clerk shall forward a copy of this resolution, General Plan and
prezoning actions, the Negative Declaration of environmental impact, and all pertinent supporting documents to the
Local Agency Formation Commission
On motion of Smith
and on the following roll call vote:
seconded by Romero
X?6s'l
n
J
Resolution No. 8651
Annexation # 46 - Ernie Ball
Page 2
AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this lst day of April 1997.
ATTEST:
Clerk Bonnie wf
APPROVED AS TO FORM
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CITY OF SAN LUIS OBISPO N
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1 S89- 52.10 "W 323.76' (Rl) S89- 52'10 "W
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EXHIBIT A SEC. 10 T3 ] 5 R 12E
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EXHIBIT B
ANNEXATION
to
CITY OF SAN LUIS OBISPO
Legal Description
All that land in the County of San Luis Obispo, State of California, designated as "Parcel
B" and "Parcel C", according to the map of Parcel Map No. CO-78 -281, recorded June
18, 1979, as filed in Book 28, Page 28 of Parcel Maps, in the office of the Recorder for
said County, except the northerly 25.00 feet of said "Parcel C" lying within the boundaries
a 50.00 foot wide road named, "Suburban Road" as designated on said Parcel Map.
A 25.00 foot wide strip of land in the County of San Luis Obispo, State of California,
lying within a tract ofland commonly referred to as Lot 4 of the "Vachell Tract",
according to that map entitled, " Map of the subdivision of Lots 24- 26 -31, the North half
of Lots 18- 23 -30, and the South portion of Lot 17 of the Harford and Chapman
Subdivision, in Township 31 South, Range 12 East, Mount Diablo Base and Meridian",
filed at the request of A_K & G.C. VacheIl on February 6, 1893 in Book 1, at Page 4 of
Licensed Surveys in the office of the Recorder for said county, more particularly described
as follows:
The southerly 25.00 feet of the westerly 131.26 feet of said Lot 4 lying within the
boundaries of that 50.00 foot wide road designated on said map of the "Vachell Tract".
Containing: 13.61 acres.
End Description
Prepared by:. UA,t_,1 �``r�7,�.c � � � a, -
anieI S. Hutchinson, LS 5139 (expires 6no/99)
Date. 1 1
N, 0.513° ;L-1
96os19%mmexUac
4 /�
.l
�,� l��`' �L,CI"
�� i
�.�
:_
RESOLUTION N0. 8650 (1991 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A GENERAL PLAN TEXT AMENDMENT
FOR A PROPOSED ANNEXATION OF 13.46 ACRES
AT 151 SUBURBAN ROAD (GP/R/ANNX /ER 154 -96)
ANNEXATION #46 - ERNIE BALL
WEEREAS, the Planning Commission conducted a public hearing on March 12, 1997 and
recommended approval of an amendment to the general plan text to enable certain annexations prior to
completion of an airport area specific plan; and
WI4EREAS, the City Council conducted a public hearing on April 1, 1997 and has considered
testimony of interested persons, the records of the Planning Commission hearing and action, and
evaluation and recommendations of staff,
WEEREAS, the potential, environmental impacts of the amendment have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental Guidelines;
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 the recommended mitigation therein adequately addresses the potential.
significant environmental impacts of the proposed project, and reflects the independent judgment
of the City Council. The Council hereby adopts said Negative Declaration (ER 154 -96).
SECTION 2. The City Council makes the following findings:
1. The proposed amendment to Land Use Element policies 1.13.3 and 7.3 to enable
interim annexation of airport area properties will not be detrimental to the health, safety
and welfare of persons residing or working in the vicinity.
2. The proposed amendment to Land Use Element policies 1.13.3 and 7.3, to enable
interim annexations in the Airport Area prior to completion of an Airport Area specific
plan is consistent with general plan goals and polices related to orderly development and
ultimate annexation of airport area properties.
SECTION 3. The General Plan Land Use Element text is hereby amended as shown on the
attached Exhibit A The Community Development Director shall cause the change to be reflected in
affected documents which are available in City Hall for public use.
On motion of smith ., seconded by Bamero ,and
on the following roll call vote:
LU 1.13.3: Required Plans
/�D
Land in any of the following annexation areas may be developed only after the City has
adopted a plan for land uses, roads, utilities, the overall pattern of subdivision, and
financing of public facilities for the area. The plan shall provide for open space
protection consistent with LU policy 1.13.5.
A) For the Airport and G;qi4n.expansion area, a specific plan shall be
adopted for the whole -a€ -earl+ area bafb;@ any paA of it it annexed.
Until a specific plan is adopted, properties may only be annexe_d_i_f
they.meet the following. criteria:
1) The oroperty is contieuous to the existinE, city limits: and
2) The property is within the existing urban reserve line: and
3) The property is located near to existing infrastructure: and
4) Existing infrastructure capacity is available. to serve the
roposed development: and
A development plan for the
and
6) The applicant(s) agree to contribute to the cost of preparing the
specific plan and constructing area -wide infrastructure
improvements according to a cost sharing plan maintained by
the City.
C -R) For the Orcutt expansion area, a specific plan shall be adopted
for the whole area before any- part.of it is annexed.
PQ For the Margarita Area, annexation may not occur until the City
Council has approved, as the project description for
environmental review, a draft specific plan. Further
development shall not occur until the City has completed
environmental review and adopted a specific plan. (`This area
shall be zoned Conservation/Open Space upon annexation, and
shall be zoned consistent with the adopted specific plan upon
adoption of the specific plan.)
EP) For any other annexations, the required plan may be a specific
plan, development plan under "PD" zoning, or similar
development plan covering the entire area.
EXHIBIT A
LU 7.3: City Annexation and Services
The City intends to actively pursue annexation of the Airport Area .
Airport Area land inside the urban reserve shall be considered for annexation if it meets
the criteria stated'in Policy 1.13.3.A. Annexation of areas that do not meet these
interim annexation criteria may be annexed subject to completion of environmental and
economic studies and a specific plan. Pending annexation:
A) Any urban development approved by the County shall be consistent
with City development standards; and
B) Urban development and provision of adequate resources and
services needed citywide shall be closely monitored.
EXHIBIT A
l' ai ,-�.
tt�� �
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,,
Resolution No. 865C�'
Annx/GP/R/ER 154 -96
Emnie Ball
Page 2
AYES`. Council Members Smith, Romero, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of April 1997.
I
Mayor Allen Settle
ATTEST:
ity Clerk Bonnie wf
APPROVED:
r m M=w