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HomeMy WebLinkAbout9375-9391RESOLUTION NO. 9391 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING COMMUNITY DESIGN GUIDELINES WHEREAS, the Land Use Element of the General Plan of the City of San Luis Obispo,. adopted on August 23, 1994, sets forth goals, policies and programs to: develop and maintain a pleasant and harmonious environment; promote and enhance real property values; conserve the City's natural beauty; preserve and enhance its distinctive visual character; and insure the orderly and harmonious development of the City with attention to site planning and exterior appearance of public and private structures; and WHEREAS, the Community Design Guidelines are consistent with Land Use Element (LUE) Goals 28 & 33 which call for maintenance of the City's existing small -town appeal and rural setting, and for new development to contribute to the City's sense of place and architectural heritage; and WHEREAS, the Community Design Guidelines are intended to provide specific guidelines and requirements to assist developers in designing projects in order that they will be more acceptable to the decision - makers reviewing them, and ultimately better received by the entire community; and WHEREAS, the Architectural Review Commission has the ability to add graphics and photographs to the document to further illustrate concepts without a formal amendment process; and WHEREAS, the Community Design Guidelines are considered an ongoing work in progress where additional chapters and information could be added as particular issues come up, the first of which is Section 7.2, Hillside Development of Chapter 7, Special Design Considerations; and WHEREAS, the City Council conducted a public hearing on November 19, 2002, and has considered the testimony of interested parties, the records of the Architectural Review Commission hearings 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 Deputy Community Development Director; NOW, THEREFORE, 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 environmental impacts of the proposed guidelines, and reflects the independent judgment of the City Council. The Council determines that the guidelines will have no significant effects on the environment. The Council hereby adopts said Negative Declaration. IM ' _ Resolution No. 9391 (2002 Series) Page 2 Section 2. Approval. The Community Design Guidelines are hereby approved with the minor modifications noted at the Council hearing to be made to the document, which included highlighting the ARC'S role in environmental review, referencing the zoning regulations sections related to large -scale retail development, and adding provisions that enable superior design and innovation. Upon motion of Council Member Ewan, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 19th day of November 2002. City Clerk APPROVED AS TO FORM: ��CC,I � � �' W CDD • o RESOLUTION NO. 9390 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO ADOPTING A PRELIMINARY ALIGNMENT PLAN FOR THE BOB JONES CITY -TO- SEA BIKE TRAIL WITH ENVIRONMENTAL FINDINGS AND MITIGATION MEASURES WHEREAS, the City of San Luis Obispo desires to create a comprehensive network of multi -use paths, consistent with its adopted Bicycle Transportation Plan (May 2002) and General Plan Circulation Element (November 1994); and WHEREAS, the Bicycle Transportation Plan identifies Class I bike paths being developed adjoining segments of San Luis Obispo Creek south of the downtown, and along segments of Prefumo Creek west of Route 101; and WHEREAS, in October 1999 the City Council authorized staff to distribute Request for Proposals (RFPs) to solicit the services of qualified consultants to prepare a preliminary alignment plan for segments of the Bob Jones City -to -Sea Trail; and WHEREAS, in response to the City's RFPs and after a competitive selection process, the City hired the RRM Design Group to prepare the desired route plan; and WHEREAS, in 2000 RRM Design Group published the draft preliminary alignment plan for this bike trail and the plan was reviewed and recommended for approval by the City's Parks and Recreation Commission, Bicycle Advisory Committee, and Architectural Review Commission (ARC); and WHEREAS, at its November 5, 2001 meeting, the ARC found that Initial Environmental Studies and Mitigated Negative Declarations published by the Director Of Community Development for this project has been completed in compliance with the California Environmental Quality Act and CEQA Guidelines; and WHEREAS, the City Council considered the preliminary alignment plan and its Mitigated Negative Declaration on December 11, 2001, and directed staff to forward the plan to the Planning Commission for its review and recommendations, with special emphasis on the project's compatibility with natural resources; and WHEREAS, on September 25, 2002 the Planning Commission reviewed a revised preliminary alignment plan that significantly reduced creek setback encroachments and recommended that the City Council adopt a Mitigated Negative Declaration and the Preliminary Route Plan, with revisions. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: R 9390 0 0 Resolution No. 9390 (2002 Series) Page 2 SECTION 1: the Preliminary Alignment Plan and project description for the Bob Jones City-to -Sea Bike Trail, as presented in Exhibit A, attached and incorporated herein by reference, is hereby adopted, as amended to: 1. Show the bike path's alignment located fully outside the creek setback along Prefumo Creek; and 2. Include language in the plan that states: "The City may consider alternative path alignments as changes in land use and environmental conditions occur over time." SECTION 2: The project's Mitigated Negative .Declaration (ER 98 -01) adequately addresses potential significant environmental impacts of the proposed project, includes mitigation measures that will avoid or reduce to insignificant levels impacts associated with the project, and is hereby adopted. Upon Motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: Council Member Mulholland ��11 ABSENT: None 0 �pov The foregoing resolution was adopted this day of Dena =l . City Clerk' TO FORM: Jeffrey G Allen ����� � �l ��� � � C.i� .�Ln�'U 1�L�'� -rte L L�: • o RESOLUTION NO. 9389 (2002 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $10,000,000 AND APPROVING RELATED DOCUMENTS AND ACTIONS WHEREAS, the City has previously issued its 1993 Water Revenue Bonds in the aggregate principal amount of $10,890,000 (the "1993 Bonds ") for the purpose of financing improvements to the water treatment plant which is used in connection with the water treatment and distribution system of the City (the "Water System "); and WHEREAS, in order to provide interest rate savings the City wishes at this time to refinance the 1993 Bonds, and for that purpose the City Council wishes to authorize the issuance and sale of 2002 Water Revenue Refunding Bonds in the aggregate principal amount of not to exceed $10,000,000 (the "Refunding Bonds ") under the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53570 of said Code (the "Bond Law "); and WHEREAS, the Refunding Bonds will be secured by a pledge of and lien on the net revenues derived by the City from the operation of the Water System, on a parity with the pledge and lien which secures a portion of the obligations of the City under the Second Amended and Restated Lease Agreement dated as of November 1, 2001 (the "2001 Lease Obligations "); and WHEREAS, the City Council wishes at this time to authorize the issuance and sale of the Refunding Bonds for the purpose of refunding the 1993 Bonds, and to approve all related documents and actions; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Issuance of Bonds. The City Council hereby authorizes the issuance of the Refunding Bonds under the Bond Law in the aggregate principal amount of not to exceed $10,000,000 for the purpose of providing funds to refund all of the outstanding 1993 Bonds. The Refunding Bonds shall be secured by a pledge of and lien on the net revenues derived by the City from the operation of the Water System, on a panty with the pledge and lien which secures the 2001 Lease Obligations. SECTION 2. Approval of Financing Documents. The Council hereby approves each of the following documents in substantially the respective forms on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Director of Finance, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions: a. Indenture of Trust between the City and U.S. Bank, N.A., as trustee, setting forth the terms and provisions of the Refunding Bonds, including the maturities, interest rates and redemption provisions applicable the Refunding Bonds; and b. Escrow Deposit and Trust Agreement between the City and U.S. Bank, N.A., as escrow bank, providing for the investment and administration of funds to refund the 1993 Bonds. The Director of Finance is hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the final form of each of the foregoing agreements on behalf of the City. R 9389 0 O Resolution No. 9389 (2002 Series) Page 2 SECTION 3. Authorization of Competitive Sale of Refunding Bonds. The Council hereby authorizes and directs the competitive sale of the Refunding Bonds in accordance with the Notice of Sale in substantially the form on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Director of Finance. The Director of Finance is hereby authorized and directed to accept the best bid for the sale of the Refunding Bonds, as determined in accordance with the Notice of Sale. SECTION 4. Publication of Notice. Pursuant to Section 53692 of the Government Code, Jones Hall, as bond counsel to the City, is hereby authorized and directed to cause the Notice of Intention to Sell Bonds, in substantially the form on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Director of Finance, to be published once in The Bond Buyer, not later than 15 days prior to the date set for receipt of bids on the Refunding Bonds. Pursuant to Section 53583(c) of the Government Code, the City Clerk is hereby authorized and directed to cause the Notice of Intention to Sell Bonds to be published once in a newspaper of general circulation circulated within the boundaries of the City, not later than 10 days prior to the date set for receipt of bids on the Refunding Bonds. SECTION 5. Official Statement. The Council hereby approves and deems nearly final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Refunding Bonds in the form on file with the City Clerk. The City Administrative Officer or the Director of Finance (each, an "Authorized Officer ") is individually authorized, at the request of the purchaser of the Refunding Bonds, to execute an appropriate certificate affirming the Council's determination that the preliminary Official Statement has been deemed nearly final within the meaning of such Rule. Distribution of the preliminary Official Statement by the purchaser of the Refunding Bonds is hereby approved. An Authorized Officer is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by an Authorized Officer shall be conclusive evidence of approval of any such changes and additions. The Council hereby authorizes the distribution of the final Official Statement by the purchaser of the Refunding Bonds. The final Official Statement shall be executed in the name and on behalf of the City by an Authorized Officer. SECTION 6. Authorization to Obtain Municipal Bond Insurance. The Council hereby authorizes the Director of Finance to determine whether the Refunding Bonds are eligible for municipal bond insurance and, if so, whether it is in the best interests of the City to obtain such insurance. If the Director of Finance determines that it is in the best interests of the City to obtain municipal bond insurance, the Director of Finance is authorized to determine which municipal bond insurer offers the most favorable terms and conditions, to execute a commitment for such insurance and to take all actions required to implement the delivery of such policy. SECTION 7. Official Actions. The City Administrative Officer, the Director of Finance, the City Clerk, the City Attorney and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the documents approved pursuant to this Resolution. Whenever in this resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. 0 G Resolution No. 9389 (2002 Series) Page 3 SECTION 8. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. Upon motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Member Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted on Novembe APPROVED AS TO FORM: �w -���� i O RESOLUTION NO. 9388 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING REVISED STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS FOR CONSTRUCTION WHEREAS, the Public Works Department is responsible for maintaining Standard Specifications and Engineering Standards establishing quality requirements and contract conditions for construction; and WHEREAS, the Standard Specifications and Engineering Standards must be periodically updated to allow for changes in construction practices and contract law; and WHEREAS, legally adopted Standard Specifications are necessary to provide "design and plan immunity" thereby protecting the City from possible liability, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Approve the revised City Standard Specifications and Engineering Standards. 2. Rescind Resolution No.s 9109 (2000 Series) and 8917 (1999 Series) approving the previous editions of the Standard Specifications and Engineering Standards respectively. Upon motion of Council Member Ewan, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 19th day of November 2002. Mayor Allen K. Settle ATTEST: /,) I Lee Price, C._M.C. City Clerk APPROVED AS TO FORM: i _ ;� Attomey Vlvl • GD D i � "c N G �13 RESOLUTION NO. 9387 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING AN AD HOC HOUSING ELEMENT TASK FORCE WHEREAS, the City is updating its General Plan Housing Element with the goals of expanding housing opportunities for very-low, low, and moderate income households, preserving and enhancing residential neighborhoods, and complying with state laws, including the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission and City Council have approved a Housing Element Update work program that promotes community participation in the update process; and WHEREAS, to promote community participation that reflects a wide range of interests, perspectives and needs, the City Council seeks to create a volunteer, ad hoc Housing Element Task Force to advise the Planning Commission and City Council during the Housing Element update process. BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Housing Element Task Force. The City Council hereby establishes the Housing Element Task Force to assist the City during the Housing Element update process. The Task Force shall be an ad hoc, volunteer advisory body serving at the pleasure of the City Council. SECTION 2. Duties of the Task Force. The duties of the Task Force shall be as follows: 1. Review and comment on existing housing policies and programs in an effort to expand housing opportunities for very-low, low, and moderate income households. 2. Recommend new housing goals, policies or programs to address community housing needs. 3. Review the Draft Housing Element Update. 4. Other duties as assigned by the City Council. SECTION 3. Term and Meetings. The Task Force shall serve during the term of the Housing Element update, starting January 1, 2003 and ending June 30, 2003, unless extended by the City Council. Meetings shall be once a month, or more frequently during this term if determined necessary by the Community Development Director and the majority of Task Force members, and shall generally be organized as follows: R 9387 Resolution No. 9387 (200�2 eries) Page 2 Meeting 1: Organizational and background briefing Meeting 2: Review past Housing Element programs Meeting 3: Review new housing policies and programs Meeting 4: Recommend new housing policies and programs Meeting 5: Review draft Housing Element Update Meeting 6: Summarize and forward comments to the Planning Commission and City Council SECTION 4. Appointment of Task Force Members. Task Force members shall be appointed by a majority vote of the City Council, and shall represent a wide spectrum of community interests, perspectives, and housing needs, with at least two- thirds of the Task Force comprised of city residents. Upon motion of Mayor Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Member s Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 12`h day of November 2002 Mayor Allen K. git le ATTEST: % Lee Price, C.M.0 City Clerk APPROVED AS TO FORM: Jtity Attorney 4)\., • i 6Q JN.e�Lr�i (r,p e ��wplka\o �I � U RESOLUTION NO. 9386 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A RAMFOR THE SALE OF RECYCLED WATER WHEREAS, the City of San Luis Obispo (City) has identified a need to develop additional water supplies to meet the goals of the adopted-General Plan; and WHEREAS, the City will be completing a Water Reuse project to use recycled water for irrigation and other purposes in and around the City as a new water supply project, and WHEREAS, the City has adopted prior policies guiding the establishment of rates, and WHEREAS, it is now necessary for the City to establish a rate for the sale of recycled water consistent with the aforementioned policies. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the sale of recycled water shall be set and remain at a rate equivalent to 90% of the potable water rate. Such recycled water rate shall be changed as potable water rates are changed to retain the 90% relationship: Upon motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 12`h day of November 2002. Lee Price, C.M.C. City Clerk •...O FORM: / /�LG: �� /L, ' • %� 1; • Mayor Allen K. F A :• • . • U�IS �G�G� -SGT 0 • RESOLUTION NO. 9385 (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A CONDOMINIUM TRACT MAP AND NEGATIVE DECLARATION APPLICATION NO. TR/ER 43 -02 WHEREAS, the City Council conducted a public hearing on November, 12, 2002 and has considered testimony of interested parties 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 WHEREAS, Tract Maps require City Council review and approval; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: Section 1. Environmental Review. The City Council finds and determines that the project's Negative Declaration 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. Section 2. Findings. That City Council, after consideration of a request to subdivide one lot into four airspace condominium lots and a fifth common lot with an exception to the Condominium Standards, makes the following findings: Subdivision Findings 1. The proposed condominium map is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing, displace residents, or exceed 50% of the number of apartments built the previous year. 2. The site was physically suitable for the proposed type and density of development. 3. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat since the subdivision will not allow additional construction or entitlements. 4. Based on staff's analysis and the projects environmental review, the design of the subdivision, or type of improvements, is not likely to cause detriment to public health or safety. R 9385 • • Resolution No. 9385 Page 2 5. That the design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Condominium Exception Findings 1. There are circumstances of the site, such as size, shape or topography, distinct from land in the same zoning, or compliance would not be practical because of the location or site design, since the site is particularly long and narrow with a large portion of the lot on upper slopes; 2. The exception will not constitute a grant of special privilege; an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning since adjacent properties with the same slope and characteristics are developed to a similar or greater density; and 3. No feasible alternative to authorizing the exception would satisfy the intent of the City policies and regulations. 4. The project shall be considered as a new condominium project and not a conversion since the units have been occupied less than 4 months and the tenants were notified about the proposed condominium project prior to tenancy. 5. Approval of the condominium subdivision will be consistent with the recommendations of the Planning Commission, and the condominiums have been built to substantially comply with Condominium Development standards. Section 3. Approval. The City Council does hereby approve Application No. TR/ER 43- 02, a request to approve a Condominium Subdivision for 3045 Rockview, subject to the following conditions: 1. All applicable conditions as required by approval of ARC 13 -00 and Administrative Use Permit A- 13 -00 shall apply to the project. 2. The applicant shall pay Park In -Lieu Fees consistent with SLO Municipal Code Section 16.40.080. 3. Conditions, Covenants and Restrictions (C.C. & R.'s) are required, to the approval of the Community Development Director and the Public Works Director. The C.C. & R.'s shall include a description and regulations pertaining to the open space easement. • Resolution No. 9385 Page 3 r1 L 4. Each lot shall have a separate water service connection to the public main. A common private sewer is allowed, subject to a proper agreement addressing the joint ownership and maintenance of the private sewer. 5. The common open space shall be maintained in accordance with the City's weed abatement program. 6. The Open Space easement agreement shall be noted on the Final Map. 7. Solar water heating shall be provided for each unit, and appropriate easements shall be provided for collector locations. The Community Development Director may waive the requirement for solar water heating in cases where the Chief Building Official has determined that equivalent energy saving will be obtained by other means. 8. If pertinent, the tentative map shall reflect the location of all any overhead and underground utilities. The tentative map does not reflect the location of the existing power, phone, and cable services. 9. Use, access to, and maintenance responsibility of the proposed common open space area shall be recorded as part of the C.C. & R.'s. 10. The map shall be recorded prior to occupancy of any of the units. Otherwise, the map shall be processed as a condominium conversion per Municipal Code Chapter 17.82. 11. The subdivider shall submit a final map to the City for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. 12. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3 -1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. 13. The final map shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 0 Resolution No. 9385 Page 4 E 14. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans & record drawings, compatible with AutoCAD (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, to the satisfaction of the Public Works Director. 15. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend, indemnify and hold harmless the City or its agents, officers and employees from any claim, action, or proceeding against the City or it agents, officers or employees to attack, set aside, void or annul an approval of the City, advisory agency, appeal board or legislative body concerning this subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. On motion of Council Member Schwartz, seconded by Mayor Settle, and on the following roll call vote: AYES` Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle. NOES: None ABSENT: None the foregoing resolution was adopted this 12`s day of Noy °^�k°� Inn) City Clerk Lee Price APPROVED AS TO FORM: it tto a of orgensen Exhibit A: Tentative Tract Map #2478, 3045 Rockview Place 0 Resolution No. 9385 Page 5 EXHIBIT A 9 YI z CDD • O A] s, i"i,yi a/!/L. U� ��ns fnwe 5o�� R. a woad .S+ SOU,Cs� �,4 l • • RESOLUTION NO. 9384 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE TENTATIVE PARCEL MAP FOR A MINOR SUBDIVISION LOCATED AT 1655 ALRITA STREET MS/ER 139 -02 (COUNTY MAP NO. SLO 02 -210) WHEREAS, the City Council conducted a public hearing on November 12, 2002 and has considered testimony of interested parties, and considered the applicant's request for a tentative parcel map to create two lots from an existing lot with an exception to the Subdivision Ordinance Section, Section 16:36.230 flag lot requirements, for property located at 1655 Alrita Street, and the evaluation and recommendation of staff, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: Section 1. That Council, after consideration of Tentative Parcel Map No. MS 139- 02 (County Map No. SLO 02- 0210), staff recommendations, and reports thereof makes the following findings: The site is not suited for the type and design of the subdivision. 2. The property to be divided is not of such size or shape, or is not affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title (Title 16, Subdivisions, of the SLO Municipal Code). 3. The exception will allow approval of a minor subdivision that will result in improvements that may be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. 4. Granting the exception is not in accord with the intent and purposes of the Subdivision ordinance, the Zoning Regulations, and is not consistent with the general plan or other City adopted plans and standards. Section 2. Denial. The request for approval of Tentative Parcel Map No. MS 139- 02 (County Map No. SLO 02 -0210) and requested exceptions are hereby denied. R9384 Resolution No. 9384 O Page 2 On motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Mulholland, Schwartz, and Vice Mayor Marx NOES: Council Member Ewan and Mayor Settle ABSENT: None the foregoing resolution was adopted this 12th day of November 2002. ATTEST: K. City Clerk APPROVED AS TO FORM: G', rgef q(ty Attorney ve,J S +Y-m 9 ;pro 5 sw q,s{ Lt 1," , CA 9 340 EN RESOLUTION NO. 9383 (2002 Series) RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change:To provide Section 21363.2 (3% @ 50 Full formula) for local Police members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as an "Exhibit" and by this reference made a part hereof Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Member Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 12`" day of November 2002. Mayor All K. Settle ATTE pp � W 6 Lee Price. C.M.C. City Clerk R 9383 Resolution No. 9383 • Page 2 APPROVED AS TO FORM: tenden, Oy Attorney 5 C �� ������ 0 0 RESOLUTION NO. 9382 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DIRECTING THE CAO TO SUBMIT A FUNDING APPLICATION TO THE CALIFORNIA BICYCLE TRANSPORATION ACCOUNT (BTA) PROGRAM FOR THE NORTHERN SEGMENT OF THE RAILROAD SAFETY TRAIL WHEREAS, the City Council has adopted a Bicycle Transportation Plan that complies with the content requirements of Section 891.2 of the California Streets and Highways Code; and WHEREAS, San Luis Obispo's Bicycle Transportation Plan specifically recommends the creation of the Railroad Safety Trail and identifies the segment between Foothill Boulevard and Hathway Street as a- segment of this trail system; and WHEREAS, the San Luis Obispo Bicycle Advisory Committee (BAC) has reviewed the BTA Grant Program Guidelines, considered alternative eligible projects, and has recommended that the City Council pursue BTA grant funding for the project described herein; and WHEREAS, the Community Development Director has reviewed the Railroad Safety Trail project and its Initial Environmental Study and has granted the project a Mitigated Negative Declaration consistent with the provisions of the California Environmental Quality Act (CEQA) and its guidelines; and WHEREAS, the City Council finds that implementation of this project described below will improve bicycle transportation in San Luis Obispo, consistent with the community's General Plan Circulation Element and Bicycle Transportation Plan. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The City Council directs the City Administrative Officer (CAO) to submit BTA grant applications to Caltrans and to enter into any subsequent cooperative agreements with that agency for the following project: 1. The northern segment of the Railroad Safety Trail paralleling the east side of the Union Pacific Railroad right -of -way between Foothill Boulevard and Hathway Street ($350;000 total cost). Section 2. The City Council hereby certifies that it will provide a minimum ten percent (10 %) local funding match for the project described in Section 1. R 9382 Resolution No. 9382 (2002erie"s) Page 2 On motion of Council Member Mulhollnad, seconded by Vice Mayor Marx and on the following roll call vote: AYES: Council Member Ewan, Mulholland,and Schwartz, Vice Mayor MArx, and Mayor Settle NOES: None ABSENT: None the following resolution was adopted this 12th day of November, 2002. Mayor Al en K. e ATTEST: 1 Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: .I u %\V/ -- %) . • O �v ca N RESOLUTION NO. 9381 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO APPLY FOR AN ENVIRONMENTAL JUSTICE GRANT TO STUDY THE BROAD STREET CORRIDOR WHEREAS, the California Department Planning has grant monies available to pron Planning for Communities; and of Transportation, Division of Transportation ate Environmental Justice: Context - Sensitive WHEREAS, the City of San Luis Obispo has an area Broad Street/Highway 227 between Orcutt Road and High Street that could benefit from a study of potential changes in land uses that specifically includes a targeted effort to involve minority business owners as well as traditionally under - represented home owners and property owners; and WHEREAS, there exists a clearly demonstrated interest in the community to look at improving the appearance and functionally of this major entrance to the City's historic district and downtown; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Community Development Director is authorized to apply to the State of California for an Environmental Justice Grant for the 2003 — 2004 cycle; NOW, THEREFORE, BE IT ALSO RESOLVED, that if recommended for funding by the State of California, the Council of the City of San Luis Obispo authorizes the City of San Luis Obispo to accept a grant of up to $200,000. Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Member Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 12' day of November 200x. Mayor Allen K. Settle ATTES ee Lee Price, C.M.C. City Clerk R 9381 • o Resolution No. 9381(2002 Series) Page 2 APPROVED AS TO FORM: �� • • Goo �� � ��,�� �. �� �` �y� C��., 0 0 RESOLUTION NO. 9380 (2002 Series) RESOLUTION AUTHORIZING A CORRECTION TO THE AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO WHEREAS, the City Council of the City of San Luis Obispo and the Board of Administration of the Public Employees' Retirement System entered into a contract effective July 1, 1952 providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, this contract has been amended many times since July 1, 1952, most recently on September 3, 2002; and WHEREAS, due to an inadvertence, paragraph "5" of the contract reads: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% @ age 55 Full). [Note that a future legislative proposal is being considered which could amend Government Code Section 21354.5 to make the 2.7% at 55 benefit formula applicable to both active members and inactive members who have not yet retired. If enacted, this amendment could have an effect on the City of San Luis Obispo's actuarial valuation and employer contribution rates in future years.];" and WHEREAS, the legislative proposal is no longer being considered and so the contract language is no longer applicable; and; WHEREAS, Section 20472 of the Government Code provides that corrections may be made through amendments approved by the adoption of suitable resolutions by the contracting parties; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby authorize a correction to the amendment to the contract effective January 30, 2003 as follows: A. Paragraph 5 of said contract shall be changed as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after January 30, 2003 shall be determined in accordance with Section 21354 of said Retirement Law (2% @ age 55 Full);" and Resolution No. 9380 O 0 Page 2 B. Paragraph 6 of said contract shall be added as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after January 30, 2003 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% @ age 55 Full);" and C. Paragraph numbers "6 through 13 ;" shall be renumbered paragraph numbers "7 though 14." NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of San Luis Obispo. Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Member Ewan, Mulholland, and Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 12`h day of November 2002. Mayor Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: i/��. Al Z j%� • r� City Attorney K. � � et/ �I6k, N RESOLUTION NO. 9379 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION'S FARMLAND CONSERVANCY PROGRAM FOR THE PROJECT KNOWN AS BRUGHELLI EASEMENT ACQUISITION WHEREAS, the Legislature of the State of California has established the Farmland Conservancy Program within the Department of Conservation, and through said program is providing assistance to conserve important agricultural land resources that are subject to conversion pressures; and WHEREAS, the City of San Luis Obispo intends to acquire agricultural conservation easements on one or more areas surrounding the City in cooperation with landowners for the purpose of conserving important agricultural resources; and WHEREAS, the City Council certifies that any easements obtained will meet the eligibility requirements set forth in Public Resources Code Section 10251 and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for grant assistance from the State Farmland Conservancy Program for the above project; and 2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Council Member Mulholland, seconded by Vice Mayor Marx and on the following roll call vote: AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed adopted this 12th day of November 2002. Mayor Allen K. Settle ATTEST: Lee Price, C.M.C. City Clerk R 9379 • Resolution No. 9379 Page 2 APPROVED AS TO FORM: I �J iottomey L) • �W • • RESOLUTION NO. 9378 G RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance for the above project; and 2. Certifies that said applicant will make adequate provision for operation and maintenance of the project; and 3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be hecessary for the completion of the aforementioned project. ml %frk i Resolution No. 9378 Page 2 • On motion of Council Member Mulholland, seconded by Vice Mayor Marx and on the following roll call vote: AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed adopted this 12th day of November 2002. Mayor Allen K.19-Me- ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: MM), 011 :1� i� • �vq GD 0 c RESOLUTION NO. 9377 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MODIFYING FINANCIAL POLICIES FOR PURCHASE OF CHEMICALS REQUIRED FOR TREATMENT OF WATER AND WASTEWATER WHEREAS, City financial policies require Council approval of purchases of materials which cost more than $50,000; and WHEREAS, purchase of chemicals which are required for the proper treatment of water and wastewater at City facilities is not a discretionary action for the City; and WHEREAS, Council approves the financial plan that includes funding necessary for the purchase of the chemicals needed for the treatment of water and wastewater. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Modify the financial plan procedures for procurement of chemicals necessary for the treatment of water and wastewater, authorizing the City Administrative Officer to approve invitation for bids and award of contracts if the bids are within available budget. Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 12' day of November 2002. Mayor Allen K. Settle ATT ST: ` Cam' Lee Price, C. C. City Clerk APPROVED AS TO FORM: Ii/. I�:.� Ell ' _ f Attorney R 9377 ��`� c�- ��`" ��� 0 0 RESOLUTION NO. 9376 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP FOR MINOR SUBDIVISION LOCATED AT 2915 JOHNSON AVENUE MS 13 -02 (SLO 02 -033) WHEREAS, the City Council conducted a public hearing on October 15', 2002 and has considered testimony of interested parties and the evaluation and recommendation of staff, and WHEREAS, minor subdivisions with requests for exceptions require City Council review and approval; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. The City Council finds and determines that the although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added and agreed to by the project proponent. This determination reflects the independent judgment of the City Council, and the Council hereby adopts the Mitigated Negative Declaration (ER 13 -02) with the following mitigation measures: Aesthetics 1. All trees shall be protected and preserved on the site unless otherwise approved for removal by the City Arborist. Removal of any on- site'tree shall require a City tree removal permit and mitigation to consist of on -site replanting. Monitoring Program: Compliance will be insured through final review of the project improvement plans, building and grading plan check, and occupancy release. 2. The lots shall be designated as "sensitive sites," and development on either parcel shall be subject to architectural review to ensure compatibility with the City's scenic roadway policies. Monitoring Program: The parcels' sensitive status shall be recorded against the deed of both parcels, indicating the requirement for City architectural review, and so noted in the City's Land Use Inventory database. R a3q-b • o Resolution No. 9376 (2002 Series) Page 2 Geology and Soils 3. Any future construction shall require preparation of a landscape plan to be approved by the Community Development Director prior to building permit issuance, and landscaping shall be installed prior to final to insure minimal surface run -off. Monitoring Program: Compliance will be insured through final review of the project improvement plans, building and grading plan check, and occupancy release. SECTION 2. Findings. That this Council, after consideration of a request to subdivide one lot into two with an exception to the subdivision ordinance regarding setback of the existing house to the edge of payment of the common accessway (6 feet where 10 feet required), and after consideration of staff recommendations, public testimony, and reports thereof, makes the following findings: Minor Subdivision 1. The tentative map is consistent with applicable general and specific plans in that the general plan and its policies call for compact urban form and infill which this map provides consistent with the existing neighborhood. 2. The design of the proposed subdivision is consistent with applicable general and specific plans in that the proposed land division would result in lot sizes typical of a Low Density Residential neighborhood, lot configurations commonly found within the City and this neighborhood specifically, and promote more compact development consistent with both the general plan and the existing neighborhood. 3. The site is physically suited for the type and density of development allowed in the R- 1 zone and LD designation in that the proposed lots meet minimum size requirements as required within the R -1 district, the map creates lot sizes more typical of an R -1 neighborhood and is consistent with the lotting pattern in this neighborhood, and project conditions will require architectural review for new development to ensure architectural compatibility of any new residence(s). 4. The design of the tentative map and the proposed improvements are not likely to cause serious public health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat in that the site is already developed with a single - family residence and surrounded by urban development, and the project does not contain sensitive habitat or interfere with creeks or wetlands. 5. The design of the subdivision will not conflict with easements for access through (or 0 0 Resolution No. 9376 (2002 Series) Page 3 use of property within) the proposed subdivision since all adjacent properties are accessed independently and the proposed lots will have access easements as required by the Subdivision Ordinance. Exceptions 6. The property to be divided is of such shape that it is undesirable, in this particular case, to conform to the strict application of the subdivision and zoning regulations because to do so would require the demolition or relocation of an existing residence. 7. The cost to the subdivider of strict or literal compliance with the subdivision and zoning regulations is not the sole reason for granting exceptions to the lot width and yard standards, rather it is City policy to conserve existing housing and prevent displacement of occupants. 8. The exception will not be detrimental to public health, safety and welfare or be injurious to other properties in the vicinity, in that the 4 -foot reduction in the required 10 -foot setback from edge of pavement of the common accessway affects only a corner of the residence on the subject property which setback is not contrary to Uniform Building Code requirements. 9. Granting exceptions to yard setback standards is in accord with the intent and purposes of these regulations and is consistent with the general plan and with all applicable specific plans or other plans of the city, in that it does not grant special privileges or modify allowable land uses within the existing R -1 zone district. SECTION 3. Approval. The request for approval of the minor subdivision to allow parcelization of one lot to two with an exception to the Subdivision Ordinance §16.36.230.D for property at 2915 Johnson Avenue, is hereby approved subject to the following conditions: Conditions 1. This Tentative Tract Map shall expire within 24 months of the date of approval unless an extension of time is granted pursuant to a written request to the City Council received prior to the expiration date. 2. A final map, drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 3. The final map and improvements plans shall show the 20 -foot wide accessway • O Resolution No. 9376 (2002 Series) Page 4 (common driveway) to be no longer than 150 feet from Johnson Avenue as specified in §16.36.230.0 of the subdivision ordinance. 4. The final map shall reflect building code compliance for setback of the existing building with respect to the new lot line or the eaves shall be constructed as required for fire- resistive construction to the satisfaction of the Building Official. Any modification to the eaves for compliance with the Uniform Building Code shall be completed prior to recordation of the final map. 5. A demolition permit for the removal of existing carport and a permit for the replacement of covered parking for Parcel 1, including access to the new parking structure, shall be issued and all work completed to the satisfaction of the Building Official prior to recordation of the final map. 6. The subdivider shall dedicate a 2m wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of- way lines bordering each lot. 7. The subdivider shall dedicate a 3m wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of- way lines bordering each lot. 8. The new driveway approach shall comply with current city standards. The current standard includes a 4' level sidewalk extension to provide disabled access around the ramp. The final map may need to reflect a public pedestrian easement to accommodate improvements required for Americans with Disabilities Act (ADA) compliance, to the satisfaction of the Public Works Director. 9. The existing driveway approach, north of the common driveway approach, shall be abandoned per City standards. 10. All lots if graded shall preclude cross -lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Public Works Director and Building Official. Final analysis of improved drainage, diverted, or concentrated drainage caused by land contour changes and/or driveway improvements shall be evaluated at the time of permit application for said improvements. 11. Two 15- gallon replacement street trees are required and shall be planted prior to recordation of the final map to the satisfaction of the City Arborist. The street tree species and planting locations shall be in accordance with city standards #8010, 8020, and 8240 and as required by the City Arborist. o Resolution No. 9376 (2002 Series) Page 5 12. All trees, other than those already approved for removal by the Tree Committee or City Arborist, shall be retained and protected unless permitted for removal by the City Arborist. Code Requirements 1. Each parcel shall be served with separate utilities (water, sewer, gas, electricity, telephone & cable TV), to the satisfaction of the Director of Public Works. Utilities to new residences shall be underground. 2. Existing water and sewer services shall be properly relocated and resized, if necessary, to ensure that each parcel is appropriately served in accordance with City standards. 3. Should any portion of a structure constructed on parcel 2 exceed 300 feet from Johnson Avenue, an on -site hydrant and fire department vehicle turnaround shall be required. 4. Development of Parcel 2 shall be subject to development impact fees for parks and recreation purposes (QUIMBY Act) and Traffic Impact Fees as required by City Ordinance. 5. The final map shall be submitted to the City for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. 6. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 7. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3 -1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. Resolution No. 9376 (2002 Series) Page 6 On motion of Council Member Ewan, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan and Mulholland, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: Council Member Schwartz The foregoing resolution was adopted this 15th day of i ►:1 Lee Pnce, C.M.C. City Clerk APPROVED AS TO FORM: ,17 r Exhibit A: Environmental Review 13 -02 Exhibit B: Tentative Parcel Map SLO -02 -033 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER #13 -02 1. Project Title: Minor Subdivision 13 -02 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Lynn M. Azevedo, Associate Planner 805 -781 -7166 4. Project Location: 2915 Johnson Avenue, San Luis Obispo, CA 5. Project Sponsor's Name and Address: Brad, Kristen & Marcell Lachemann 550 Spanish Trail Arroyo Grande, CA 93420 6. General Plan Designation: Low Density Residential 7. Zoning: R -1 (Low Density Residential) 8. Description of the Project: Division of an 0.52 -acre parcel into two parcels with an exception to standards relating to structure setback from access road pavement (6 feet proposed where 10 feet required). 9. Project Entitlements Requested: Parcel Map 10. Surrounding Land Uses and Setting: Single- family residential to the east and west and across Johnson Avenue to the north. A large apartment complex, Terrace Homes, abuts the property to the south. 11. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None. A CITY OF SAN LUIS OBISPo ( INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 V�The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. Z/_ 0 • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: F%kAgi +-A The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.. X Aesthetics X Geology /Soils Public Services Agricultural Resources Hazards & Hazardous Recreation Materials Air Quality Hydrology /Water Quality Transportation & Traffic Biological Resources Land Use and Planning Utilities and Service Systems Cultural Resources Noise Mandatory Findings of Significance Energy and Mineral Population and HousingF. « ri b4 tJ Resources FISH AND GAME FEES STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). CITY OF SAN Luis Osispo 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 There is no evidence before the Department that the project will have any potential adverse effects on fish X and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). CITY OF SAN Luis Osispo 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 0 • _ lt bi fT DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the.environment, there will not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and X agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or miti ation measures that are imposed upon the ro osed proiect, nothing further is required. Signature Ron Whisenand_ Deputy Director of Community Development Printed Name September 12, 2002 Date For: John Mandeville. Community Development Director 3 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 ® o EVALUATION OF ENVIRONMENTAL IMPACTS: €K�t.c br fi4 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. The explanation of each issue should identify the significance criteria or threshold, if any, used to evaluate each question. 3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross- referenced). . 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Code of Regulations. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Cm of SAN Luis Oeisao 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 t �*l UA L,2,14_.a Issues, Discussion and Suppo� Intormauon Sources Sources Pon Sign. an nti;dly Sfigniicant -• .... 6414$ X11 Tfpa ER #13 -02 b) Substantially damage scenic resources, including, but not Issues Unless Impact limited to, trees, rock outcroppings, open space, and historic I, I 1 Mitigation X buildings within a local or state scenic highway? Ltcorporated 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 1 X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic I, I 1 X buildings within a local or state scenic highway? c) Substantially degrade the existing visual character or quality of 'the site and its surroundings? 1, 11, X 28 d) Create a new source of substantial light or glare which would adversely effect day or nighttime views in the area? 12, 30 X Evaluation a), b), c) The subject property is surrounded by urban uses and is located along Johnson Avenue which is identified as a road of moderate scenic value. General Plan Policy CI 14.3.A states that "projects in the viewshed of a scenic roadway should be considered as `sensitive' and require architectural review" The project will result in the entitlement to build one additional single - family residence on the new parcel being created (Parcel 2) and require demolition of an existing carport and construction of a new covered parking structure at the rear of Parcel 1. Associated with the development is the removal of 4 pine trees as part of construction of the common driveway and possibly additional trees with construction of the new residence. Tree removals could potentially impact views from the Johnson Avenue corridor and surrounding properties. The Tree Committee considered the removal of the 4 trees in the proposed common driveway and approved their removal at their August 26, 2002 meeting. As there are no immediate plans for development on Parcel 2, no other tree removals are proposed at this time. The Tree Committee also required the planting of street trees along the frontage of Parcel 1. d) Any additional lighting would be that typical of single - family residential development which would not be a new source of substantial light causing adverse effect on day or nighttime views in the area. Conclusion The designation of the lots as "sensitive sites," requiring architectural review is appropriate considering existing trees on the site and existing adjacent residential rear yard privacy that could be affected by the introduction of new residential development interior to the block. Impact is potentially significant unless mitigated. Mitigation Measures 1. All trees shall be protected and preserved on the site unless otherwise approved for removal by the City Arborist. Removal of any on -site tree shall require a City tree removal permit and mitigation to consist of on -site replanting. 2. The lots shall be designated as "sensitive sites," and development on either parcel shall be subject to architectural review to ensure compatibility with the City's scenic roadway policies. 2. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of 14 X the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? 10 X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland 12 X to non - agricultural use? `� CITY OF SAN LUIS Oe1SPo 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 �xti.t p,'f -4- Issues, Discussion and Suppoo Information Sources sources Poti� Potentially LessThmi p" Sign ,._.uu Significant Significant Impact ER #13 -02 Issues unless Impact Mitigation Evaluation a), c) The project site is comprised of Los Osos- Diablo complex, 9 to 15 percent slopes which is not considered "prime" farmland or farmland of "Statewide Importance' by the U:S.D.A. Natural Resources Conservation Service. b) There is no Williamson Act contract in effect on the project site. Conclusion No impact. 3. A_ IR QUALITY. Would the project: a) . Violate any air quality standard or contribute substantially to an 12,15, existing- or.projecteid air quality violation? 16,30 X b) Conflict with or.obstr ict implementation of the applicable air. 12,15; quality plan? c) Expose sensitive receptors to substantial pollutant 16,30 X concentrations ?; 12,30 X d) .Create objectionable odors affecting a substantial number, of people ?: e) Result in a cumulatively considerable net increase of aty 12 }{ criteria pollutant for which the project region is non- attainment under art applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative 12,15, 16,30 X thresholds for ozone precursors)? Evaluation a), b), c), e) San Luis Obispo County is a non - attainment area for the State ozone and PMID (fine particulate matter 10 microns or less in diameter) air quality standards. State law requires that emissions of non - attainment pollutants and their precursors be reduced by at least 5% per year until the standards are attained. The 1995 Clean Air Plan (CAP) for San Luis Obispo County was developed and adopted by the Air Pollution Control District (APCD) to meet that requirement. The CAP is a comprehensive planning document designed to reduce emissions from traditional industrial and commercial sources, as well as from motor vehicle use. Land Use Element Policy 1. 18.2 states that the City will help the APCD implement the Clean Air Plan. One way the City helps the APCD implement the Clean Air Plan is through the development and environmental review process. The Air Quality Handbook finds that a project that produces 10 pounds a day of emissions will have a significant effect on air quality. The construction of 35 homes results in the production of approximately 10 pounds of emissions per day. The proposed project will ultimately allow the construction of one additional. home, therefore it can be assumed that less than significant air quality impacts will result from construction of a new residence and an access drive. During project construction, however, there will be increased levels of fugitive dust associated with construction and grading activities, as well as, construction emissions associated with heavy -duty construction equipment. The City has addressed these construction related impacts through standards in the Grading Ordinance and mitigation measures in the General Plan EIR. Compliance with these standards is monitored during the building permit plan check process and by field inspections conducted by Building Division inspectors. d) No objectionable odors will emanate from the project. Conclusion Less than significant impact. CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 ,F4 1A 1. .. L. W% Issues, Discussion and Suppor• Information Sources Sources Pure Potentially —•♦... Less Than N g , F7 No through habitat modifications, on any species identified as a Sign, It .Significant significant Impact ER X13 -02 candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Issues Unless Impact X b) Have a substantial adverse effect, on any riparian habitat or A1itigation other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 12 Incorporated 4. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse effect, either directly or indirectly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 12 X b) Have a substantial adverse effect, on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 12 X c) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (e.g. Heritage Trees)? 12 X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? 12 X e) Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5, 12 X f) Have a substantial adverse effect on Federally protected wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marshes, vernal pools, etc.) through direct removal, filling, hydrological interruption, or 12 X other means? Evaluation a), b) According the Natural Diversity Database of the California Department of Fish and Game, there are no species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service on or near the project site, nor is riparian habitat or other sensitive natural community identified. c) There are several non - native tree species on the property including 7 Pinus radiata and 22 Pinus halepetisis. Four Pinus radiata are proposed for removal as part of construction of the expanded driveway. Two of the trees are dead which will be permitted to be removed and the other two trees were considered and approved for removal by the Tree Committee at their August 26, 2002 meeting. These removals do not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy. The Tree Committee has required the planting of trees, however, to compensate for the removal of the four pines. d) As the property has been developed for over 50 years with a residential use and has been completely surrounded by urban development for over 30 years, the division of the subject property and ultimate construction of an expanded driveway and additional residence will not interfere with the movement of any wildlife species or migratory wildlife corridor. e) The proposed project will not conflict with any local policy protecting biological resources nor any adopted habitat conservation plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 0 The site is not near any natural waterway and will therefore have no adverse effect on Federally protected wetlands. Conclusion Less than des CITY OF SAN LUIS OEISPo 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 CM i bi'�- Issues, Discussion and Suppo J Information Sources sources Pot J, Potentially Less'rhan No historic resource? (See CEQA Guidelines 15064.5) Signrticant Significant Significant Impact ER #13 -02 b) Cause a substantial adverse change in the significance of an Issues Unless Impact archaeological resource? (See CEQA Guidelines 15064.5) c) Directly or indirectly destroy a unique paleontological resource 21,22 Mitigation X Incorporated 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historic resource? (See CEQA Guidelines 15064.5) 10, 21,22 X b) Cause a substantial adverse change in the significance of an archaeological resource? (See CEQA Guidelines 15064.5) c) Directly or indirectly destroy a unique paleontological resource 21,22 X or site or unique geologic feature? d) Disturb any human remains, including those interred outside of 11,21 X formal cemeteries? 23 X Evaluation a), b) Based on review of the City's Historic Site Map and Land Use Information System, the project is not located on or near a known sensitive archaeological site or historic resource. c) There are no known paleontological resources or unique geologic features on the project site. The project site is mostly developed, mostly paved and while bordering a tributary to Orcutt Creek, the proposed development will fully comply with creek setbacks. d) The project site is outside of the areas designated on the City's Burial Sensitivity Map as potential burial sites. Conclusion No impact. 6. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? b) Use non - renewable resources in a wasteful and inefficient 6 X manner? c) Result in the loss of availability of a known mineral resource 6, 12 X that would be of value to the region and the residents of the State? 6 X Evaluation a), b) The project is consistent with the City's Energy Conservation Element which encourages concentrations of residences close to concentrations of employment. The additional dwelling that will likely result from the proposed lot split would be considered an infill project as it would be surrounded by existing urban development, thereby reducing energy impacts that could be created by placing additional housing further from existing development. c) No known mineral resources exist within the project vicinity. Conclusion No impact. 7. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated in the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area, or based on other 25 X A CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 N Issues, Discussion and Suppor( Information Sources ER #13 -02 Sources sigu�,�t I Significant Significant I Impact Issues Unless Impact Mitigation substantial evidence of a known fault? IL Strong seismic "ground shaking? . 25 X III. Seismic - related ground failure, including liquefaction? 13 X IV. Landslides ortnudflows? 10 X b) Result in substantial soil :erosion or the loss of topsoil? 13,30 X c) Be located on a geologic. unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or-o&-site landslides, lateral spreading, subsidence, 13 X liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994),.creating substantial risks to life 13 X or DroDertv? Evaluation a), c) San Luis Obispo County, including the City of San Luis Obispo, is located within the Coast Range Geomorphic Province, which extends along the coastline from central California into Oregon. This region is characterized by extensive folding, faulting, and fracturing of variable intensity. In general, the folds and faults of this province comprise the pronounced northwest trending ridge - valley system of the central and northern coast of California. Under the Alquist- Priolo Special. Studies Zone Act, the State Geologist is required to delineate appropriately wide special studies zones to encompass all potentially and recently- active fault traces deemed sufficiently active and well - defined as to constitute a potential hazard to structures from surface faulting or fault creep. In San Luis Obispo County, the special Studies Zone includes the San Andreas and Los Osos faults. The edge of this study area extends to the westerly city limit line, near Los Osos Valley Road. According to a recently conducted geology study (source 16), the closest mapped active fault is the Los Osos Fault, which runs in a northwest direction and is about one mile from the City's westerly boundary. Because portions of this fault have displaced sediments within a geologically recent time (the last 10,000 years), portions of the Los Osos fault are considered "active ". Other active faults in the region include: the San Andreas, located about 30 miles to the northeast, the Nacimiento, located approximately 12 miles to the northeast, and the San Simeon - Hosgri fault zone, located approximately 12 miles to the west. Although there are no fault lines on the project site or within close proximity, the site is located in an area of "High Seismic Hazards," specifically Seismic Zone 4, which means that future buildings constructed on the site will most likely be subjected to excessive ground shaking in the event of an earthquake. Structures must be designed in compliance with seismic design criteria established in the California Building Code for Seismic Zone 4. To minimize this potential impact, the Uniform Building Code and City Codes require new structures to be built to resist such shaking or to remain standing in an earthquake. b) The project is a somewhat disturbed site as the existing single - family residence was constructed in approximately) 950. The amount of original topsoil left is unknown. The USDA NRCS Soil Survey states that the Los Osos - Diablo complex, 9 to 15 percent slope soil is rated as medium surface run -off. As part of any future development on the site, the mitigation measure below should be applied to ensure landscaping is installed to minimize run -off. c), d) The Safety Element of the General Plan indicates that the project site has a high potential for liquefaction, which is true for most of the City, and the site contains highly expansive soils as defined in Table 18 -1 -B of the Uniform Building Code (1994). A soils engineering report will be required to be submitted as part of the building permit process to insure the integrity of the structures and infrastructure. Conclusion Potentially significant unless mitigation incorporated. a CITY OF SAN LUIS OBIspo 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 Issues, Discussion and Suppo ER #13 -02 Information Sources I Sources 3. Any future construction shall require preparation of a landscape plan to be approved by the Community Development Director prior to building permit issuance, and landscaping shall be installed prior to final to insure minimal surface run -off. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment v it Potentially Significant Less Than Significant No hnpact through the routine use, transport or disposal of hazardous materials ?: Issues Unless Impact X b) Create a significant hazard to the public or the environment Mitigation 3. Any future construction shall require preparation of a landscape plan to be approved by the Community Development Director prior to building permit issuance, and landscaping shall be installed prior to final to insure minimal surface run -off. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine use, transport or disposal of hazardous materials ?: 29 X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 29 X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 29 X d) Expose people orstructures to existing sources of hazardous emissions or hazardous or acutely hazardous materials, substances, or waste? 29 X e) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, it would create a significant hazard to the public or the environment? 12 X 0 For a project located within an airport land use plan, or within two miles of a public airport, would the project result in a safety hazard for the people residing or working in the project area? g). Impair implementation of, or physically interfere with, the 27 X adopted emergency response plan or emergency evacuation plan? 4, 12 X h) Expose people or structures to a significant risk of lose, injury, or death, involving wildland fires, including where wildlands are adjacent to urbanized areas or where residents are 4 X intermixed with wildlands? Evaluation a) The project does not involve the routine use, transport, or disposal of hazardous materials. b); c), d) The division of land and future construction of a single - family residence would not result in the release of hazardous materials into the environment. e) The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5. f) The project site is more than 2 miles north of the San Luis Obispo County Airport, outside the Airport Land Use Plan Area. g) The project has been reviewed by the Fire Marshall and will not conflict with any emergency response plan or emergency evacuation plan. h) The Safety Element of the General Plan identifies the site as having a low potential for impacts from wildland fires. CITY OF SAN Luis OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 LI ' / A a), c), d), h) The proposed redevelopment of the site will increase the amount of impervious surfaces on the site and moderately affect% the absorption rate, drainage patterns, and the amount and rate of surface runoff. To ensure that potential drainage impacts are minimized to a level of insignificance, redevelopment of the site will be required to be designed to meet all applicable City codes, including City grading and drainage standards. Site drainage will be evaluated with the grading plans as part of the required Architectural Review process. It is intended that the site would continue to drain into a private drainage channel at the rtar (or bottom) of the property. Mitigation Measure #3 is imposed above (Geology and Soils) to ensure landscaping is installed with construction to minimize loss of topsoil from run -off. e) The project design does not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial flooding on -site or off -site as the site is already partially developed and compliance with City grading and drainage standards would apply to any construction. 0, g) The project site appears to be out of the 500 -year flood zone per the Federal Flood Hazard Boundary or Flood Insurance Rate Map. Therefore, no future structure (i.e. house) on the property would impede or redirect flood flows or occur within a 100 -year flood hazard area. a CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 Issues, Discussion and Suppor G Information Sources Sources Pov rolentiauy Less Sigr, -t Significant SiER # 13 -02 Issues Unless I Mitigation Incorporated Conclusion Less than significant impact. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere 12 X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. The production rate of pre - existing nearby wells would drop to a level which would not support existing land uses for which permits have been granted)? 12, 19 X c) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. 12, 19 X d) Substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation onsite or offsite? 30 X e) Substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial flooding onsite or offsite? 30 X f) Place housing within a 100 -year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 26 X g) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? h) Otherwise substantially degrade water quality? 26 X 12 X Evaluation b), h) A water allocation will be required for any additional residence creating addtional demand on the City's water supply. The City currently has water to allocate, and does so on a "first -come, first- served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Water will be provided by the City's Utilities Department and will not use or otherwise deplete groundwater resources or interfere with groundwater recharge. a), c), d), h) The proposed redevelopment of the site will increase the amount of impervious surfaces on the site and moderately affect% the absorption rate, drainage patterns, and the amount and rate of surface runoff. To ensure that potential drainage impacts are minimized to a level of insignificance, redevelopment of the site will be required to be designed to meet all applicable City codes, including City grading and drainage standards. Site drainage will be evaluated with the grading plans as part of the required Architectural Review process. It is intended that the site would continue to drain into a private drainage channel at the rtar (or bottom) of the property. Mitigation Measure #3 is imposed above (Geology and Soils) to ensure landscaping is installed with construction to minimize loss of topsoil from run -off. e) The project design does not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial flooding on -site or off -site as the site is already partially developed and compliance with City grading and drainage standards would apply to any construction. 0, g) The project site appears to be out of the 500 -year flood zone per the Federal Flood Hazard Boundary or Flood Insurance Rate Map. Therefore, no future structure (i.e. house) on the property would impede or redirect flood flows or occur within a 100 -year flood hazard area. a CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 �A VAW 14- A-- Issues, Discussion and SUppor Information Sources ER #13 -02 Sources - Pou r Sig" n ISSUCS Potentially Significant Unless Mitigation Less Than Significant Impact No Impact Incorporated d Conclusion The project does not have the potential to significantly impact hydrology or water quality. 10. LAND USE AND PLANNING. Would the project: - a) Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction. over the project adopted for the purpose Of avoiding or mitigating an environmental effect? ' 1,8 }( b) Physicall y divide an established community? c). Conflict with any applicable habitat conservation plan or natural 1, 10 X community conservation plans? 1, 12 X Evaluation a) The project complies with all provisions of the General Plan Land Use Element. The proposed, subdivision would create 2 lots from one existing parcel. The project meets criteria for a categorical exemption from environmental review except that the required setback of a structure (the existing house) from the proposed access road pavement for the flag lot is less than the minimum. standard required by the Subdivision Regulations.;The proposed exception request to the Regulations is to allow a 4 -foot setback where a 10 -foot setback is required. The reduced setback does not affect the project's ability to avoid or mitigate an environmental effect. The proposed lots will meet subdivision requirements for depth, width, and minimum size. b) The project would result in a lotting pattern common to the neighborhood and the eventual construction of an additional dwelling in a residential neighborhood. Therefore, the project can be considered infill and would not divide the established community. c) There is not a habitat or natural community conservation plan adopted for this area, therefore, the project would not conflict with such. Conclusion Less than significant impact. City Council approval is required for minor subdivisions that include exceptions to subdivision standards. Exceptions associated with this subdivision proposal are an issue of neighborhood compatibility property aesthetics, safety and fire access. 11. _NOISE. Would the project result im a) Exposure of people to or generation of "unacceptable" noise levels as defined by the San Luis Obispo General Plan Noise Element, or general noise levels in excess of standards 3, 18 X established in the Noise Ordinance? b) A substantial temporary, periodic, or permanent increase in ambient noise levels in the project vicinity above levels existing without the pi-oject? 30 X c) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? d) For a project located within an airport land use plan, or within 3, 18 X two miles of .a public airport or public use airport, would the project expose people residing or working in the project area to 27 X excessive noise levels? 03199 CITY OF SAN. Luis QBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 G., I- "t Issues, Discussion and Suppol Information Sources Sources Pot Potentially Less Phan No 12: POPULATION AND HOUSING. Would the project: a) Induce substantial :populatiop growth in an area, either directly SigiOnt Significant Significant Impact ER # 13-02 - (for example by proposing new homes or businesses) or indirectly (for example through extension of roads or other infrastructure)? Issues Unless Impact X b) Displace substantial numbers of existing housing or people Mitigation necessitating the construction of replacement 'housing elsewhere? 30 Incorporated n .. Evaluation - a) The proposed project itself will not generate unacceptable noise levels, only increased noise levels during construction as discussed below. The City's Noise Element and Noise Guidebook identifies Traffic Noise Exposure Calculations for Johnson Avenue as it is a residential arterial street. At build -out, exterior noise levels reach 60 dB at approximately 103 feet from the edge of Johnson Avenue. Maximum noise exposure for a residence is 45 dB for indoor spaces and 60 dB for outdoor activity areas. Parcel, #2 of the Parcel Map is approximately 137 feet from the edge of the Johnson Avenue right-of- Way, therefore, noise exposure to any structure built on the proposed new parcel would not affected by "excessive" noise levels. In addition, the fact that Johnson Avenue is elevated in relation to the project site and that an existing residence exists between Johnson and any future development on Parcel 2, noise levels would be even less_ than identified in the Noise Element, as those circumstances further reduce sound attenuation. b), c) The project will not raise ambient noise levels in the project vicinity substantially. The project will, however, generate noise during grading and construction which activities are subject to the Noise Ordinance to minimize impact to nearby properties. d) The project is not within the Airport Land Use Plan area, therefore, the project will not result in exposure of people to excessive noise levels from aircraft operations. Conclusion Less than significant impact. 12: POPULATION AND HOUSING. Would the project: a) Induce substantial :populatiop growth in an area, either directly - (for example by proposing new homes or businesses) or indirectly (for example through extension of roads or other infrastructure)? 12,30 X b) Displace substantial numbers of existing housing or people necessitating the construction of replacement 'housing elsewhere? 30 X Evaluation a) The Parcel Map would result in the availability of a parcel for construction of a single- faintily dwelling unit. Such use is consistent with .Land Use and Housing Element policies encouraging a variety of housing types, efficient infill development, and compact urban form. The possibility of one additional housing unit does not constitute "substantial population growth." b) As there are no structures on the proposed new parcel, no housing or people would be displaced as a result of the project. Conclusion No impact. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision, or need, of new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public. services: a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Roads and other transportation infrastructure? 12 X 12 X 12 X 12 X 12 X CITY OF SAN LUIS OBISPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 r4 Issues, Discussion and SUppo O Information Sources Sources ER #13 -02 Significant Significant Impact Unless Impact Mitigation f) Other public facilities? 12 X Evaluation a), b), c), d), e), f) The characteristics of the project do not present situations or conditions that would create potentially significant impacts to services for fire, police, schools, parks, roads or other public facilities. The project has been evaluated by the City's Fire Marshall, Chief Building Official, Public Works Department, Utilities Department, the local school district, and affected utility companies, and no resource deficiencies have been identified. Conclusion Less than significant impact. 14. RECREATION. Would the project: a) Increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 30 X b) Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 30 X Evaluation a), b) One additional home on this property will not create significant impacts to recreation services or facilities in the City. Final approval of the new lot will also be subject to payment of the Park -In -Lieu fee designed to support park acquisition (Quimby fees) and development. Conclusion Less than significant impact. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system? b) Exceed, either individually or cumulatively, a level of service 2, 12 X standard established by the county congestion management agency for designated roads and highways? 2, 12 X c) Substantially increase hazards due to design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? 30 X d) Result in inadequate emergency access? e) Result in inadequate parking capacity onsite or offsite? 0 Conflict with adopted policies supporting alternative 12, 30 X 9 X transportation (e.g. bus turnouts, bicycle racks)?. g) Conflict with the San Luis Obispo County Airport Land Use Plan resulting in substantial safety risks from hazards, noise, or a change in air traffic patterns? 2, 12 X 27 X Evaluation a), b) Traffic generation associated with an additional single - family lot will not significantly increase traffic on Johnson Avenue nor exceed the level of service standards established by the County congestion management agency for nearby streets and highways. Johnson Avenue is designated ac re6fie.ntial arterial ctraat ..Ath ,..: .. i o..e, ,.gee_.:..,, (r nON ,.47 �� CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 txfc (oi�— fi- Issues, Discussion and Suppo•; Information Sources ER #13 -02 SeL1«cs Pa IV Sig�nt Issues X Potentially Significant Unless Less Than Significant Impact No Impact Mitigation Incorporated 12 D. The latest traffic count information dates to 1998 at which time 14,310 average daily trips were documented with a Level of Service B. A typical single - family residential use generates 10 trips /day which equates to a 0.06% increase in traffic. This is an insignificant increase not affecting LOS. C) There are no hazards which the project would be subject to or create, as Johnson Avenue is a 4 -lane residential arterial street. d) The project complies with the Fire Department's requirements for emergency access. e) The existing garage is being removed in order to accommodate a common driveway serving both parcels. To ensure adequate parking will be provided for the existing residence per the Municipal Code, a condition of the tentative map will require the off - street and covered parking requirement to be met prior to approval of the final map. City parking standards will apply to any new construction proposed on the new parcel. f) The project does not conflict with alternative transportation policies in that the project does not impede any existing or proposed bike baths, transit stops, etc. g) The project is not within the Airport Land Use Plan area, therefore, there is no conflict with the Plan that-would result in substantial safety risks from hazards, noise or a change in air traffic patterns. Conclusion No impact io. u r ri,r,t r>r;"$ Atvu 6r,Kvlc:r: sYs'FEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction or expansion of new water 12 X treatment, wastewater treatment, or storm drainage facilities, the construction of which could cause significant environmental effects? 12 X C) Have sufficient water supplies available to serve the project from.existing entitlements and resources, or are new and . expanded water resources needed? 12 }t d) Result in a determination by the wastewater treatment provider which serves or may, serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitment? 12 X e) Be served by a landfill-with sufficient permitted capacity to accommodate the project's solid waste disposal needs? f) Comply with federal, state, and local statutes and regulations related to solid waste? 24 X 24 X Evaluation a), d) The City wastewater treatment plant has adequate capacity to serve this development, and the - existing sewers in the vicinity have sufficient capacity to serve the development. Impact fees are collected at the time building permits are issued to pay for capacity at the City's Water Reclamation Facility. The fees are set at, a level intended to offset the potential impacts of the project. Wastewater impact fees are associated with water usage, so determination of :applicable impact fees will be made at the building permit stage. b) This project has been reviewed by the Utilities Department staff. Comments note that the project is subject to water impact fees which were adopted to ensure that new development pays its fair share of the cost of constructing the water CITY OF SANLUIS OBISPO 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 Issues, Discussion and Suppot Information Sources C� Sources Pon y sigi.. Potentially Significant Less Than Significant No _)tt Impact ER #13 -02 Issues Unless Impact Mitigation Incorporated supply, treatment and distribution facilities that will be necessary to serve it. c) The City has adopted Water Allocation Regulations to ensure that increased water use by new development and land use changes do not jeopardize. adequate water service to current and new customers. Compliance with the provisions of the Water Allocation Regulations and the water impact fee program is adequate to mitigate the effects of increased water demand. A water allocation is required for any new residence on the new parcel. The City currently has water to allocate, and does so on a "first -come, lust- served" basis. Water is allocated.at the time building permits are issued and the Water Impact Fee is paid. e), f) Background research for the Integrated Waste Management Act of 1989 (AB939) shows that Californians dispose of roughly 2,500 pounds of waste per month. Over 90% of this waste goes to landfills, posing a threat to groundwater; air quality, and public health. Cold Canyon landfill is projected to reach its capacity by 2018. The Act requires each city and county in California to reduce the flow of materials to landfills by 50% (from 1989 levels) by 2000. To help reduce the waste stream generated by this project, consistent with the City's Source Reduction and Recycling Element, recycling facilities must be accommodated on the project site and a solid waste reduction plan for recycling discarded construction . materials must be submitted with the building permit application. The residences will be subject to subscribing to the City's trash collection service which provides receptacles for recycling and green waste materials consistent with the Source Reduction and Recycling Element. Demolition of the existing garage may trigger compliance with the City's construction debris recycling ordinance. This will be determined upon submittal of a demolition permit application. Compliance with this ordinance will require the applicant to prepare a plan to show how significant amounts of construction debris will be diverted from the landfill. The ordinance also requires reporting on compliance with the approved plan, which is verified by area recycling companies and through the. provision of receipts for recycled materials. Conclusion Less than significant impact. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or . wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or X animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? As discussed in the biological section of this study, there are no species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service on or near the project site, nor is riparian habitat or other sensitive natural community identified. The four Pinus radiata proposed for removal do not serve as habitat for any candidate, sensitive, or special status species, and their removal does not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy. With regard to historical resources, the project is not located on or near a known sensitive archaeological site or historic resource. There are no known paleontological resources or unique geologic features on the project site, and the project site is outside of the areas designated on the City's Burial Sensitivity Map as potential burial sites. b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, X CITY OF SAN LUIS OBISPO 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 t- l i °b1 t- f}- Issues, Discussion and SupporO Info rmation Sources Sources POLL The proposed project's cumulative impacts are insignificant for the same reasons discussed in this study for project - specific impacts. Potentially Less Than No Sigri,,�t Significant Significant Impact ER #13 -02 N/A Issues Unless Impact N/A 19. SOURCE REFERENCES. - 1. City. of SLO General Plan Land Use Element, August 1994_ Mitigation City of SLO General Plan Circulation Element, November _1994 3. City of SLO General Plan Noise Element, May 1996 4. City of SLO General Plan Safety Element, July 2000 Incorporalcd City of SLO General Plan Conservation Element, July 1973 6. the effects of other current projects, and the effects of probable Mum projects) The proposed project's cumulative impacts are insignificant for the same reasons discussed in this study for project - specific impacts. c). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X There are no environmental effects identified that would cause substantial adverse effects on human beings. While construction noise may affect persons in the vicinity of the property" once construction of infrastructure, a residence or garage. begins, it would last only for a relatively short period of time, and the City's noise thresholds must be met which have been determined to be acceptable noise levels. 18. EARLIER ANALYSES. Earlier; analysis may be used where, pursuant to the tiering, program EIR; or otlier CEQA process, one or 'more, effects have been adequately analyzed in an earlier EIR or Negative Declaration: Section 15063 (c) (3) (D). In this case: a discussion should.identify the following items: a) analysis used. Identify earlier analyses and state where.they are available for review. N/A b) Impacts adequately addressed. Identify which effects from the above .checklist were within' the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. N/A C) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions of the project. - -- — " N/A 19. SOURCE REFERENCES. - 1. City. of SLO General Plan Land Use Element, August 1994_ 2. City of SLO General Plan Circulation Element, November _1994 3. City of SLO General Plan Noise Element, May 1996 4. City of SLO General Plan Safety Element, July 2000 5. City of SLO General Plan Conservation Element, July 1973 6. City of SLO General Plan Energy Conservation Element, April 1981 7. City of SLO Water and Wastewater Element, July 1996 8. City of SLO General Plan EIR 1994 for Update to the Land Use and Circulation Elements 9. City of San Luis Obispo Municipal Code 10. City of San Luis Obispo, Land Use Inventory Database 11. Site Visit 12. Staff Knowledge 13. 14. USDA, Natural Resources Conservation Service, Soil Survey of San Luis Obispo County - Website of the Farmland Mapping and Monitoring Program of the California Resources Agency: http://www.q(?psrv.ca.gov/dirp/FMMP/ 15. Clean Air Plan for San Luis Obispo County, Air Pollution Control District, 1995 16. CEQA Air Quality Handbook, Air Pollution Control. District, 1995 17. Institute of Transportation Engineers, Trip Generation Manual, 6`h Edition, on file in the Community Development Department �6 CITY OF SAN LUIS OBISpo 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 Issues, UIscussion and Suppol/1, Information Sources 0 ER #13 -02 Sources PotDy Sig nt Iss' es Potentially Significant Unless Mitigation Incorporated LcssThan Significant Impact No Impact 18. City of San Luis Obispo Noise Guidebook, May 1996 19. 2001 City of San Luis Obispo Water Resources Report 20. City of San Luis Obispo, Historic Resource Preservation Guidelines, on file in the Community Development Department 21. City of San Luis Obispo, Archaeological Resource Preservation Guidelines, on file in the Community Development Department 22. City of San Luis Obispo, Historic Site Map 23. City of San Luis Obispo Burial Sensitivity Map 24. 25. City of SLO Source Reduction and Recycling Element, on file in the Utilities Department San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist - Priolo Earthquake Fault Zoning Act, effective January 1, 1990 26. 27. Flood Insurance Rate Map (Community Panel 0603100005_ C) dated July 7, 1981 San Luis Obispo County Airport Land Use Plan 28. Architectural Review Guidelines 29. 1997 Uniform Building Code 30. Project Plans All documents listed above are available for review at the City of San Luis Obispo Community Development Department, 990 Palm Street, San Luis Obispo, California (805) 781 -7172. Attachment: Mitigation and Monitoring Program �d� CITY OF SAN Luis OBISPo 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 r4 • O Environmental Review #13 -02 Minor Subdivision #13 -02 (Lachemann), 2915 Johnson MITIGATION AND MONITORING PROGRAM . . AESTHETICS All trees shall be protected and preserved on the site unless otherwise approved for removal by the City Arborist. Removal of any on -site tree shall require a City tree removal permit and mitigation to consist of on -site replanting. • Monitoring Program: Compliance will be insured through final review of the project improvement plans, building and grading plan check, and occupancy release. --> Responsibility: City Arborist, Community Development Department Planning Division 2. The lots shall be designated as "sensitive sites," and development on either parcel shall be subject to architectural review to ensure compatibility with the City's scenic roadway policies. • Monitoring Program: The parcels' sensitive status shall be recorded against the deed of both parcels, indicating the requirement for City architectural review, and so noted in the City's Land Use Inventory database. —� Responsibility: Community Development Department Planning Division GEOLOGY AND SOILS 3. Any future construction shall require preparation of a landscape plan to be approved by the Community Development Director prior to building permit issuance, and landscaping shall be installed prior to final to insure minimal surface run -off. • Monitoring Program: Compliance will be insured through final review of the project improvement plans, building and grading plan check, and occupancy release. —> Responsibility: Community Development Department Planning Division i tea® CITY OF SAN LUIS OBISPO (TI] INITIAL STUDY ENVIRONMENTAL CHECKLIST 2002 PAN �N AV6N� 1 S7 71— ! n _ 1 s, m \ y.u. �O!\ � •AIL E � x i�� \ E a y �y'rj s 631 ?asa —901 jh x tE cusT" EIS 8 ua9 ms V('r Pl r/ O E. C"J egg§ Z,u^s� >' . „ OIaJ3w Q � AS pyyp /m/ 00 }g as U� s° 1 B .W1 � s all o \ U O E V] a O N gg U Yik • 4p d p r g$y�Eh3A � K, U Pga$g r e $ b 1 all o \ g8 �ehg $ E e gg 4p d p g$y�Eh3A 1 f V E e 4p p g$ a�i Pga$g 64'7 a e $ b En 8 Mh ri ^_ f V s Q O RESOLUTION NO. 9375 (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF 2002/03 LOCAL LAW ENFORCEMENT GRANT FUNDS AND APPROVING A 1/9`h MATCH FROM THE GENERAL FUND WHEREAS, the Federal Omnibus Appropriations Act, Public Law 104 -208, provides funds for implementation of the Local Law Enforcement Block Grants Program to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice; and WHEREAS, based on population, the City of San Luis Obispo is eligible to apply for the amount of $30,469 from the Local Law Enforcement Block Grants Program; and WHEREAS, as part of the application process, an advisory board was established to review the application for funding, and has made non - binding recommendations for the use of funds by the City of San Luis Obispo; and WHEREAS, a public hearing was held on October 15, 2002, to receive public input on the recommendations of the advisory board; BE IT RESOLVED, that the City Council of the City of San Luis Obispo approves the expenditure of $30,469 of Local Law Enforcement Block Grant fimds for security enhancements in and around the Police Department facility and approves the appropriation of 1 /9' matching funds of $3,385 from the General Fund, and authorizes the City Administrative Officer to make all grant applications and execute all grant related documents. Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the following roll call vote: AYES NOES: ABSENT: Council Members Ewan and Mulholland, Mayor Settle None Council Member Schwartz Vice Mayor Marx, and the foregoing resolution was adopted this 15' day of October 2002 ayor Allen K. Settle ATTEST: Lee Price, C.M.C. City Clerk R 9375 Q o Resolutio No. 9375 (2002 Series) Page 2 APPROVED AS TO FORM: ,��rsoK City Attorney 0 o