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HomeMy WebLinkAbout8748-8758RESOLUTION NO. 8758 (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE VESTING TENTATIVE MAP FOR A RESIDENTIAL SUBDIVISION AT 1855 PREFUMO CANYON ROAD, NEAR CASTILLO COURT, CREATING 35 RESIDENTIAL LOTS ON 12 ACRES, AND TWO OPEN SPACE LOTS TOTALING:372 ACRES (TR 26-95; COUNTY TRACT MAP NO. 2193) WHEREAS, the Planning commission conducted a public hearing on December 3, 1997 and recommended approval of Vesting Tentative Tract Map 26 -95 and WHEREAS, the City Council conducted a public hearing on January 20, 1998 and has considered testimony of interested parties, the records of the Planning Commission_ hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that the proposed subdivision is consistent with the General Plan, the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council finds that the subdivision will not have a significant adverse impact on the environment, subject to the mitigation measures of the Final Environmental Impact Report (EIR) certified by the City Council on April 1; 1997, and listed in Exhibit "A ", being incorporated into the project, and the adopted mitigation monitoring program being followed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the certified Final EIR adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative Tract Map 26 -95, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is.physically suited for the type and density of development allowed in an R -1 -S zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. R 8758 I`. s Resolution No. 8758 (1998 Series) Page 2 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The subdivision is in compliance with the Final Environmental Impact Report (EIR) certified by the City Council on April 1, 1997, and incorporating by reference the findings as contained in City Council Resolution No. 8676 (1997 Series). SECTION 3.. Conditions. The tentative map for Tract 26 -95 (County Tract Map No. 2193) is approved subject to the following conditions and code requirements: Conditions Streets 1. Off -site dedication of property for public right -of -way purposes is necessary to facilitate the transition of the northerly side of Prefiuno Canyon Road westerly of Castillo Court (lot 7,. Tract 1053) The subdivider shall exhaust all avenues available to acquire said public right - of-way dedication. In the event the subdivider is unable to acquire said property, the City Council will lend the subdivider its powers of condemnation to acquire the off -site right-of- way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off -site right -of -way acquisition (including attorney and court costs). The subdivider is responsible for construction of the necessary street improvements and striping, to the satisfaction of the Public Works Director. 2. Vehicular access rights along Prefumo Canyon Road shall be dedicated to the City, except for the proposed private street. 3. Street improvements shall be constructed in accordance with the most current City regulations, Engineering Standards and Specifications. The new private street shall provide a 14m wide easement, 11 m curb to curb pavement and ADA compliant detached sidewalk on one side that is a minimum of 4 feet wide (1.2m). The final street section shall accommodate . parking on both sides of the street (adjacent to lots 1 - 29, parking on one side adjacent to lots 30 - 35) with adequate emergency vehicle access, to the satisfaction of the Director of Public Works and Fire Chief. The structural pavement section shall be designed using a Traffic Index = 5.5. The entire width of the private street easement shall also be dedicated as a public water and sewer system and bicycle and pedestrian easement. The easement shall include language relieving the City from any and all responsibility for damage to the private street which may have been caused by maintenance vehicles carrying out normal activities. When excavation is required for maintenance or repairs, the City will patch the excavation with regular AC pavement. No concrete or decorative pavements will be replaced by the City. Prefumo Resolution No. 8758 (1998 Series) Page 3 Canyon Road curb and gutter shall be extended to correspond with the end of the street transition on the northerly side of the street, to the satisfaction of the Public Works Director. 4. The subdivider shall install private street lighting along the np 'Late internal street per City standards and off site up blic street lighting along Prefumo Canyon Road leading to and from the development, as determined by the Director of Public Works. All. public street lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from P.G.& E..'s point of service. 5. ­Street trees shall be planted along the private street per City Standards..(the number.of -trees is determined by one tree per 35 linear feet of street frontage). 6. The subdivider will re -grade the emergency access road with Class 2 base and using minimum reasonable grade to provide maximum potential usability and access. Water, Sewer & Utilities ~7. The.subdivider's engineer shall submit water demand. and?wastewatergeneration calculations so that the City can make a determination as to the adequacy -of. the supporting infrastructure. -If it is. discovered-that an off -site deficiency exists the owner: will-be-required-to mitigate the deficiency as a part of the overall project. 8. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer-. 9. The water main and sewer force main shall be sleeved_ and encased in the bridge structure, or hung on the side of the bridge above the lowest point so as to protect the pipelines from high water flow. 10. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply the City's criteria to the design to determine which lots will need backwater valves on the sewer laterals, per City and UPC standards. 11. Water pressure is a minimum in this location. Due to the elevation and distance from the elevated storage serving the site, individual private fire sprinkler booster pumps may be necessary. The developer's fire engineer shall design.fire sprinkler systems to the satisfaction of the Fire Department as a condition of building permits. The subdivider may be required to install elevated water storage, to the satisfaction of the Utilities Director; and subject to architectural review. 12. The sewer and water mains shall be located approximately 2m on either side of the street centerline. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the I\ Resolution No. 8758 (1998 Series) Page 4 Public Works Director and Utilities Engineer. Grading_ & Drainage 13. The final . grading plan shall include provisions to comply with the soils engineer's recommendations , including mitigating cut slopes, debris. flows .uphilt -of the lots and truck access. The soils engineer shall supervise all grading operations and .certify the stability of .the slopes prior to acceptance of the tract and/or issuance of building permits. 14. The soils engineer,shall define if specific. development ,limitations °are =oncertain-lots due to the location of the fault. 15. A detailed hydrology study indicating the effects of the proposed development on adjacent and downstream properties will be required, unless existing studies provide the required information to the satisfaction of the City Engineer. The: scope -of..the..study_must include analysis of all existing public and-private drainage :. facilities:_ and._creek:_capacities and conditions within this property and adjacent downstream-.property.: ­The --analysis shall identify . creek :bank _ erosion: and.: incorporate : mitigation.: measures _to.:protect :improvements, private property. and the. environment..: The focus-shall-be directed. in the: area-of.. the .bridge crossing and those portions of the creek adjacent-to home sites, Laguna Lake Mobile Estates and Prefumo Canyon Road. 16. The developer shall process and complete a Federal Emergency Management Agency Letter of Map Amendment (LOMA), or, Letter of Map Revision (LOMB) prior to final acceptance of any development. Any lots or building pads, identified in the hydrology study to be subject to flooding during a 100 -yr storm shall be graded to provide minimum pad elevations of at least 1 foot above the 100 -yr storm elevation. All areas subject to flooding shall be documented. 17. The Homeowners' Association (HOA) shall own and maintain all that portion of Prefumo Creek adjacent to the home sites and the private street. The HOA shall also be responsible for maintenance of the drainage swale and debris berm above the hillside lots. Maintenance responsibilities shall also include maintenance of any cut or fill slopes required to make the swale and berm. The storm drainage system within the private street shall be privately owned and maintained by the HOA (to be included in CC& R's). The HOA shall also be responsible for maintaining the private street entrance landscaping and monument sign within the City right -of =way (to be included in CC& R's). A covenant shall be executed by the subdivider and recorded against the `-`common lot" prior to final map approval. 18. The proposed bridge and any modifications to the existing creek channel shall be privately owned and maintained by the HOA and shall comply with the City's Flood Management Resolution No. 8758 (1998 Series) Page 5 Policy Book (specifically regarding clear spanning of creeks, etc.) and approved by the Public Works Director, Corp. of Engineers and Fish & Game. 19. Clearing and maintenance of any portion of the existing creek and drainage channels, including any required tree removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Works Director, Corp. of Engineers and-the Dept.. of Fish & Game. Certain trees may require safety pruning by a certified Arborist as determined by the City Arborist. 20. The final map shall show -the locations of the rear, property lines for Lots 1=.12 moved in 15 feet from their locations shown on the revised tentative map dated 11 -5 -97 with the low fence at the rear of each lot depicted on Section F -F located on the shifted property line. Mapping & Miscellaneous Requirements 21. All boundary monuments, lot comers and centerline .intersections;�BC's,.EC's, etc:; shall be tied to the City's Horizontal Control.Network At least twoccontrol points shall be used and a .tabulation of the coordinates shall be .submitted with the-final map or. parcel _ map. All coordinates submitted :shall -be :based..on the City. coordinate. system. ...A 3.5" diameter computer floppy disk, containing the .appropriate data .compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information. System (GIS) purposes, shall be submitted to the City Engineer. 22. 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. Fire Department Requirements 23. All primary access -ways shall be designed as Fire Lanes. Required fire- access ways (where width restricted) shall be painted red with appropriate signage installed to prohibit parking (such as the proposed private driveway (Lots # 33 -35), main/end road cul-de -sac, emergency access points, main road entrance { w /median} etc.). 24. Fire hydrants shall be spaced per SLO -FD Guidelines (placement with Fire Department approval) and shall be capable of supplying the required fire -flows. It should be noted, that, the proposed fire hydrants densities along Prefumo Canyon Road (frontage) may be decreased to "open space requirements (maximum 500 foot spacing). 25. A final fire management plan outlining fuel mitigation and maintenance proposals shall be submitted along with subdivision improvement plans to the approval of the Natural Resources Manager and the Fire Department. Resolution No. 8758 (1998 Series) Page 6 Open Space 26. The open space shall be dedicated to the City as a condition of approval of the final map. Prior to the City's acceptance of fee title to the open space and recordation of the final map, all defects against title to the open space shall be removed or extinguished, including but not limited to the following- Notice of Nuisance (First Notice) recorded May 22, 1990 in Book 3513, Page 423 of Official Records: • Notice of Nuisance Abatement (Second Notice) recorded July 12, 1990 in Book 3453, Page 746 of Official Records. 27. The final map shall show a vehicular access easement between Lots 14 & 15 connecting to the adjoining open space for City maintenance purposes. The easement shall be improved with a suitable surface to the satisfaction of the Public Works Director. 28.. The subdivider shall dedicate a biological open space easement over Lot A, Creek Lot,-which outlines the purposes of the lot and regulates vegetation activities and. access for. wildlife habitat and fuel management purposes. Planning Requirements 29. A 15 -foot street yard shall be allowed for homes and a 20 -foot street yard for garages with doors facing the street. 30. The height of residences on Lots 1 -30 shall be restricted to 25 feet. 31. Individual lot development shall be subject to the review and approval of the Architectural Review Commission (ARC). Planning staff may make the determination upon submittal of complete plans if the minor or incidental architectural review process is appropriate. 32. The applicant shall submit plans prepared by a licensed landscape architect and an experienced plant restoration ecologist to the City's Natural. Resources Manager and the Architectural Review Commission (ARC) for planting near the project entry and the riparian corridor in accordance with the specifications detailed in Mitigation Measure K -8 of the Final EIR. The design of the uniform low fence (including monuments for property corners) required per Condition 20 along the edge of the riparian corridor shall also be to the approval of the ARC with input from the Natural Resources Manager. 33. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions that pertain to all lots: Resolution No. 8158 (1998 Series) Page 7 a. Creation of a homeowners' association. b. No parking except-in approved, designated spaces. c. No change in city - required provisions of the CC &R's without prior City Council approval. d.. Homeowners'.association.shall file with the City.Clerk the names and addresses of all officers of the homeowners' association within 15 days -of any. change, in officers of the association. e. Provision for all of the maintenance responsibilities previously outlined in various conditions above. 34. The final. map shall show a pedestrian access easement : behind Lots. 13-15 to provide the potential for creating a walking trail to connect with the adjacent open .space to the east already .owned by the City. • Any necessary adjustments to -lot lines .to :accommodate the easement shall be to the approval : of the . Natural Resources Manager and the Community Development Director. Code. Requirements 1, Traffic impact fees are required to be paid as a condition of issuance of building permits. 2. Upon development, the applicant will have to acquire an allocation through the retrofit program. The cost of retrofitting is directly credited against the project's Water Impact Fees, with some limitations. The City is currently working to secure additional long -tens water supplies. Should one of these water supply projects reach construction prior to development of the site, then water will be available for allocation without retrofitting. 3. Water and Wastewater Impact Fees shall be paid as a condition of issuance of building permits. 4. The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fees shall be paid prior to the final map approval. 5. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. 6. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less Resolution No. 8758 (1998 Series) Page 8 than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land 'where :construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 7. The applicant shall pay park -in -lieu fees consistent with . SLO Municipal Code Section 16.40.080 and as identified in Mitigation Measure D -17 of the Final EIR. Upon motion of Council Member Williams, seconded by Council Member Smith , and on the following roll call vote: AYES: Council Members Williams, Smith and Romero NOES: Council Member Roalman and Mayor Settle ABSENT: None the foregoing resolution was adopted this ?0th day of January , 1998. ATTEST: onnie Gawf, C' Cleyl APPROVED AS TO FORM: G. Jorg9f*en„ Qity Attorney Tract Res. Mayor Allen Settle. EXHIBIT A► Prefumo Creek Homes EIR Mitigation Measures Land Use D -7. To achieve. consistency with policy 1.13.3 of. the .Land Use Element (development plans), any of the following actions is required: a. A specific plan must be prepared, or b. The proposal must be amended to include a PD (Planned Development) or an S (Special Conditions) overlay district and a development plan must be prepared, or c. City planning officials may determine that the. submitted. subdivision map allows for adequate review of the project. D -8. To achieve consistency with policy 1.9.3 of the Land Use Element, policy 4C of the Circulation Element and policy 2 of the. Open Space. Element (pedestrian paths /trails) either of the following actions are required: a. City planning officials may determine that the policy does not apply in this instance because of security and privacy considerations; or b. Require the applicant to identify and install a trail system as a condition of the tentative subdivision map approval. D-9. To achieve consistency with policy 6.1.1, 6.2:0, 6.2.1, and 6.2.2 of the Land Use Element (geologic hazards), the City must take either of, the following actions: a. Eliminate lots 22 -25 and lots 28 -30 from the proposed subdivision; or, b. Adopt the mitigation measures proposed by the Geotechnical Conditions section in this EIR D -10. To achieve consistency with policy 6.2.6 J of the Land Use Element (density and development of Prefumo Creek area), the City must take either of the following . actions: a. The policy must be deleted, or b. It must be amended to allow the proposed density. D =11. To avoid inconsistency with policy 6.2.6 J of the Land Use Element (density and development of Prefumo Creek area), lot 12 must be. deleted from the tentative subdivision map (also see mitigation measure K -7). D -.12. To achieve consistency with policy 2.2.11 and 6.4.6 of the Land Use Element (creek corridor protection), and policies LA, LE, and 3.A of the Open Space Element (creek corridor protection), the tentative subdivision map must be redrawn to exclude areas within the top of the bank of.Prefumo Creek within privately owned lots. D -13. To achieve consistency with policy LC.4, 2.A, 2.B.1, 2.B.2 and 2.0 (grasslands) of the Open Space Element, the City must include findings, in its approval of the tentative subdivision map, that these policies are discretionary along with the reasons why these policies should not be applied in this instance. D -14. To achieve consistency with objective 5 and policy 1.5 (air quality) of the Circulation Element, the City must include the residential. portion of the .project within the urban reserve line. The City must also make a.finding that adjustment of the urban reserve line does not violate the City's commitment to "supporting the efforts of the Air Pollution Control District to implement.its Clean Air Plan. D -15. To achieve consistency with policy 1.31.2 of the Housing Element (consistency With other general plan policies), the City must adopt mitigation measures D-1 through D -15. D -16. To achieve consistency with policy 1.31.2 of the Housing Element (housing on geologic hazards), the mitigation measures required by the Geotechnical Conditions section in this EIR must be followed. D -17. To achieve consistency,with program 2.22.1 of the Park and Recreation Master Plan (provision of athletic fields), the project shall be required to pay park and recreation fees, in addition to the dedication of open space, to help finance new athletic fields in the area. Traffic and Circulation E -2. To mitigate the existing deficiencies on Prefumo Canyon Road and Descanso Drive and the additional impact created by the proposed project, the City shall take either of the following actions: a. Reclassify Prefumo Canyon Road as a residential arterial between Del Rio Avenue and Los Osos Valley Road and develop a, neighborhood_ traffic management plan to reduce travel speeds and divert traffic from Descanso Drive to Prefumo Canyon Road, or b. Amend the Circulation Element to increase the desired maximum average daily traffic volumes and desired maximum speed for Prefumo Canyon Road and Descanso Drive. E -3. To maintain consistency with the City's Bicycle Transportation Plan, the City shall take either of the following actions: a. Require construction of a bicycle route along Prefumo Canyon Road, or b. Require construction of a bicycle route through. the project on the main access road and along the emergency only access road. E-4. To improve safety conditions along Prefumo Canyon Road, sight distance to the east must be improved by moving the main access road eastward as far as possible. The final main access road shall be approved by the Public Works Department. E -5. Cumulative impacts can be mitigated by implementing. mitigation measure. E -2 Noise F -1. Require the applicant to complete grading within a.four -month period. Assess liquidated damages if the grading exceeds this time period. F -2. Limit all project- related construction to daytime hours (lam to 6pm).. Prohibit any construction activity, not including grading, from occurring at least one day a week. F -3. Clearly post noise restrictions on -site until the proposed project is completed. J Air Quality G -1. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. During the time period in which grading will occur, watering shall occur at least twice daily including weekends with complete coverage, preferably in the late morning and after work is finished for the day. Reclaimed, nonpotable water from a source other than Prefumo Creek shall be use_ d whenever possible. G-2.. All clearing, grading earth - moving, or excavating activities shall cease during periods of high winds (greater than 15 mph averaged over one hour) so as to prevent excessive amounts of dust. G-3. If soil materials are transported off -site, they shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. G-4. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fa_ st- germinating native grass seed and watered until vegetation becomes established. G -5. . All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by APCD. (3-6..On =site vehicle speed during construction shall be limited to .15 mph for any unpaved surface. G -7. All unpaved areas with vehicle traffic shall be .watered at -least twice per day including weekends, using nonpotable water from a source other than Prefumo Creek. G78. Wheel washers shall be installed where vehicles enter and exit unpaved roads and streets, or provisions, shall be made to wash off. trucks and. equipment leaving the site. G9. 'Best Available Control Technologies for Construction Equipment" (CBACT) shall be applied to+w& one .pieces. of diesel- fueled construction equipment involved in grading operations. APCD- recommended modifications are the. following:. __ ._._ a. Injection timing retard of two degrees, b. Installation of high pressure injections, and c. Use of reformulated diesel fuel. G -10. APCD recommends the following measures to address concerns of asbestos- containing material: a. A sampling and survey work plan shall be prepared for APCD approval. Elements should include but are not limited to geological mapping of the site, sampling strategy, and lab analysis methodology. b. After APCD approval of the work plan, the sampling and survey activities and lab analysis shall be carried out. Results should be submitted to the District for review 30 days prior to the start of construction. c. if asbestos- containing material is determined to be present, an asbestos health and safety program /work plan for construction activities in serpentine to comply with state and federal law will be required. Work plan elements should include construction and project strategy to prevent emissions to ambient air, a 10- working day advance notice of project start date to APCD, protection methods to prevent worker exposure, and the presence of a California- certified asbestos environmental monitor or registered geologist with asbestos certification on -site during construction activities to identify o� o potential unmapped or subsurface serpentinite and to in_ itiate contractor /worker emergency procedures if required. d. If asbestos - containing material is determined to be present; none of it shall be -used as surface -layer material on any part of the project.such as road beds, building pads, or landscaped area. e. If asbestos - containing material is determined to be present, notification to buyers shall be required. L If asbestos - containing material is not found in the serpentine deposits on the proposed project site, the APCD requires the preparation of an emergency work plan to address potential unmapped or subsurface serpentinite, the presence of a certified asbestos environmental monitor or registered geologist during construction activities to initiate an emergency work plan if necessary, and notification of APCD of the project start date. Geotedmical Conditions H-4. Additional geotechnical engineering shall be performed during preparation of the grading and improvement plans for the project. This work will include the development of foundation recommendations , grading. specifications, and other final engineering details for individual lots or smaller areas of the project. Geotechnical, engineering performed at this point should consider grading throughout the entire project to avoid the need for repetitive studies as individual lots are developed in the future.. The resulting plans will incorporate walls, buttresses, subsurface drains, and other features to remove and /or stabilize the landslide deposits on the project site. Appropriate stability analyses documenting the performance of all slopes under ground- shaking conditions will be provided. vicinity of the development. All plans and studies will be subject to review and approval by the City Engineering Department. Drainage and Water Quality I -4. As part of the grading and improvement plans for the project, the applicant shall prepare more detailed drainage and erosion. control plans and install erosion control improvements in appropriate locations. These plans must also indicate points of access for maintenance of the creek and must be approved by the City Engineering Department. I -5. To ensure coordination of streambed alterations and to minimize. repetitive construction projects within the streambed, the developer shall design and disclose to regulatory agencies all proposed structures and activities within the streambed. These would include all road construction, pipeline installation, erosion protection, water and sewer improvements, drainage control and discharge structures, debris removal, vegetation removal, revegetation, and any other activities that would involve work in or adjacent to the streambed or within the jurisdictional wetlands. The . agencies to be notified and authorizations to be obtain =include the U.S. Army Corps of Engineers Section 404 Permit; the Regional Water Quality Control Board - Section 401 Water Quality Certification; and the California Department of Fish and Game - Section 1603 Streambed Alteration Agreement. I -6. To- reduce the potential for short -term debris transport and accumulation within the streambed and to improve the capability of the City to provide long -term maintenance, prior to transferring the creek open ;space area to the City, the applicant shall prepare and implement a program to remove excessive vegetative debris, old lumber, and other material that would tend to accumulate and obstruct flows within the streambed. This measure is not intended to remove live vegetation or to disrupt biological habitat and should be oriented towards removal of downed eucalyptus branches and similar material. The program, should be. designed and implemented with input from, a qualified-biologist and with approval of regulatory: agencies. as part of the larger program. of .streambed alterations discussed below. Biological Resources J4. A 30 -foot building setback from the edge of the riparian vegetation shall be established for lots 1 -14, 37, and 38. No disturbances other than those required to mitigate erosion problems or to ensure adequate drainage shall be allowed. J -5. In the vicinity of lots 31 -38, the main road shall be reduced to 30 feet and moved at least 20 feet from the top of the creek bank or from the edge of the dripline whichever is greaten If substandard -size lots result from this action, these lots shall be eliminated from the tentative subdivision map. J -6. The stands of perennial, native bunch grasses left in the open areas in the southeastern corner above the building envelopes of lots 14, 15, and 19 shall be protected. No ornamental plantings or other homeowner- related disturbances will be allowed in this area. J -7. The tentative subdivision map shall be redrawn so that the freshwater marsh, located on lot 15, shall be located in the open space area. J -B. Once bridge and road construction drawings and a more detailed grading plan are available, a plant ecologist/ restoration soecialist.shall 12=are_a restoration plan. success of the replanting. Preparation of the restoration plan shall be the responsibility of the project sponsors. J -9. Disturbed areas around the bridge construction site shall be revegetated with native riparian vegetation as soon as possible following the construction. Any necessary pruning of trees in the vicinity shall be conducted by a certified arborist. J -10. Trenching needed for the waterline which will cross Prefumo Creek shall be by .auguring.or byhand- trenching. If roots over one -inch in.diameter.are encountered, these roots shall be cleanly cut along the sides of the trench. J -11.. CC &R's shall ensure that the oak and riparian woodlands.in the adjacent open space areas are left undisturbed and managed properly after development, and no ornamental plantings or other related disturbances occur following development.. J -12. The disruption of the riparian and creek area will be mitigated by complying with the California Department. of Fish and Game streambed. alteration permits and the U.S. Army Corps of Engineers wetland perrinits..,The applicants (or their successors) for the proposed project will ..- prepare the necessary documentation/ mitigation plans to.obtain .the permitting from these .:agencies. Aesthetics . K -7. Lot 12 should be eliminated from the tentative subdivision.map. K -8. As a part of the application, the applicant shall submit a landscape, irrigation, and maintenance plan to the City Architectural Review Commission for review And approval. The plan shall be prepared by a licensed landscape architect and a qualified plant restoration ecologist and shall include the following: l a_. Planting along either side of the riparian corridor where necessary to provide complete screening of the interior of the site from viewing areas along Prefumo Canyon Road. Screen planting shall be of the scale such that at maturity, views of the hills above the development are not blocked. b. All planting near the creek and between the creek and Prefumo Canyon Road shall be site - appropriate native vegetation. c. Planting of trees and shrubs on both sides of the proposed entry road between the creek and Prefumo Canyon Road in a way should. block direct views into the site as seen from the straight section of Prefumo Canyon Road to the. east. d. Screen planting along the north side of lot 13 would help block views from Prefumo Canyon Road through the gap created by the bridge and into the site. e. Planting shall be placed between lot 12 as shown on the tentative subdivision map dated M -95 and Prefumo Canyon Road so that views from Prefumo Canyon Road will be screened from both east and westbourid views. f. Planting around the entry road between the creek'and Prefumo Canyon Road shall be,designed to duplicate a naturally occurring native-plant- community, not a formal entry to a subdivision. The planting shall include. appropriate. trees and associated understory. g. Appropriate existing on -site planting such as native .perennial. grasses and coastal_ shrubs. shall .be integrated into the excavated. slope in .order..to blend visually the cut area with the adjacent land cover. The excavated slope shall not :be aesthetically "landscaped" or irrigated in such...away.. which : would..create an artificial green appearance during the summer months. h. Trees, shrubs, and groundcover within the interior of the development shall be included which are native to the area or are drought- tolerant and have a native appearance. L . All screen planting along- the creek -and along: the .north:.side..of Prefumo Canyon Road shall commence 'either concurrently or before the initietl site grading commences. Where. screen planting would be .impacted by construction of the bridge or entry road, planting..in those specific areas shall occur immediately. after construction in that area. Screen planting _ shall be completed within 90- days unless more time is granted by the Community Development Department. Planting within the development indicated on the landscape plan shall be planted prior to the sale of any of the residential lots which would be created as a result of this project. j. Where slow - growing plant material is used for screening purposes, larger -size container plants shall be used. k. After construction, seed shall be applied to all disturbed slopes. The seed shall consist of species existing on the site prior to disturbance. Aesthetics K -9. The height of residences on lots 1 -29 shall be restricted to 25 feet, measured as provided under Section 17.16.040 of the City's zoning regulations. K -10. Individual lot owners shall submit plans to the Community Development Department for architectural review and approval. The applicant's submittal shall follow C_ ommunity Development Department guidelines and include a site plan, general project statistics, grading and drainage plan, landscape development plan, material samples board, sectional drawings, and other information. t K -I1. All excavated slopes shall incorporate slope- rounding as part of their design. The slope- rounding shall be of the largest radius practical to blend. visually with adjacent slopes. K -12. -A geotextile capable of allowing grass- growth shall be used to' line the rock - lined Swale above lots 19, 20, 23, and 24. K -13. All- topsoil removed from graded areas shall be stockpiled and redistributed to the greatest extent possible throughout the site where- landscaping and revegetation will likely occur. K -14. All street and home lighting shall be shielded in. order .to. screen light sources from neighboring properties and from Prefumo Canyon. Road. Lighting details shall be reviewed through the architectural review process. K -15. Covenants, conditions and restrictions (CC &R's) shall be submitted for consideration along with the tentative subdivision map : to. ensure the on -going protection of. the .oak woodland, -grasslands, existing individual-:trees, and all riparian vegetation including shrubs. Public Services M -5. A fire management. plan shall be prepared by a landscape architect to identify specific fire safety measures that will reduce the possibility of - a. severe fire in the area. The plan will provide precise dimensions and standards for a fuel -break around each residential lot which borders the oak woodland or riparian area and for the emergency access road. The fire management plan will clearly define the responsibilities of each homeowner and the responsibility of the homeowner's association for maintaining fire safety. The final subdivision map shall not be approved until the fire management plan has been submitted and approved by SLOFD and the City's Architectural Review Commission. M -6. Based on the fire management plan, covenants, conditions, and restrictions (CC &R's) shall be developed to identify clearly the fire safety responsibilities of the homeowners association and of the individual lot owners. M -7. For lots 1 -11, 13, 14, and 38 as shown on the tentative subdivision map dated 8 -1 -95, any, or any combination, of the following options may be used to provide an adequate fuel - break: a. A variance from the front yard setback requirements may be granted to allow the building envelopes for these lots to be closer to the street. b. Redrawing the building envelopes would result in compliance with the 30 foot greenbelt requirement. c. If after item a. and b. above have been implemented and the 30 -foot greenbelt requirement still cannot be met, structures shall be constructed of nonflammable exterior materials. Public Services Cumulative Impacts M 78. By following the mitigation measures already adopted. for:.the:LUCEEIR for fire protection and law enforcement, cumulative impacts _can be mitigated to a less than significant level. No further mitigation is, therefore, required.. Utilities N -3. To minimize the potential for failure of the project's .sewer pump station and force main, a program and documentation for emergency responses must be provided to the City prior to final approval. This emergency response plan must identify a most probable type of failure and specify contacts and responsibilities for the emergency response. Arrangements with . a private °::contractor capable of providing emergency repairs must be shown to the.satisfaction.of the City as part of this plan. If required by the City. the pump station shall 'be._provided with an emergency power suppler must take either of the following actions: a. Require the applicant to use another source of water for irrigation needs. Cultural Resources 0-1. I.f any prehistoric cultural materials or buried concentrations of historic cultural materials are unearthed, work within 1,000 feet of the find should be halted until they can be examined and evaluated by a qualified archaeologist. r ,.. �"�� � ��) C. y. RESOLUTION NO. 8757 (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO . DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION THAT A NEW APPLICATION CAN BE PROCESSED WITHIN ONE YEAR OF THE EARLIER DENIAL; 2238 BROAD ST. WHEREAS, on April 1, 1997 the City Council denied Albertson's Broad Street application for a neighborhood commercial center (City'File Nos.: ER, GP/R, A 32 -96); and WHEREAS, on October 3, 1997, the applicant resubmitted plans for City review and approval; and WHEREAS, the Community Development Director determined that the re- application was not substantially the same as the previous application; and WHEREAS, on November 24, 1997 Rob Strong appealed the Community Development Director's determination. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines. The City Council, after consideration of the appellant's statement, the determination of the Community Development Director, and staff recommendation thereon, makes the following finding: The City Council hereby affirms the Community Development.Director's determination that the re- application is not substantially the same as the previous application. SECTION 2. Action. The appeal of the Community Development Director's determination that a new application can be processed within one year of the earlier denial is hereby denied. Upon motion of Council Member Romero ,seconded by Council. Member Williams, and on the following roll call vote: AYES: Council Members Romero, Williams, Smith and Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 20thday o f January '190. R8757 Resolution No. 8757 (1998 Series) Page Two M r Allen Settle� ATTEST: Bonnie Gawf, CWy Clpfk I . APPROVED AS TO FORM: 4/0 �J RESOLUTION NO. 8756 (1998 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO REVISING THE MANAGEMENT PAY FOR PERFORMANCE SYSTEM FOR APPOINTED OFFICIALS, DEPARTMENT HEADS AND OTHER MANAGEMENT PERSONNEL SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT WHEREAS, the City Council is committed to a comprehensive policy that strengthens the recruitment and retention of well qualified and effective appointed officials and management personnel; and WHEREAS, in 1996 the City Council established the Management Pay for Performance System for a two year period; and WHEREAS, that system provides that the City Council annually may adjust the salary ranges; and WHEREAS, the Council is committed to a compensation plan which reflects the differences between duties, responsibilities and job requirements; and WHEREAS, the Council determines that merit and performance shall be the sole basis for Appointed Official and Management compensation; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby revises the Management Pay for Performance System as follows: SECTION 1. The Management Pay for Performance System will be renewed for another two year term and revised to provide for V2% increments in potential salary increases; SECTION 2. The salary schedule for Appointed Officials, Department Heads and other Management Employees shall reflect a 3% increase in salary ranges as shown in Exhibit "A ". SECTION 3. The Appointing Authority, or City Administrative Officer shall determine compensation within the designated range, after evaluating performance in accordance with the Management Pay for Performance System. SECTION 4. The City shall continue to provide employees in those classifications listed in Section 1 certain fringe benefits as set forth in Resolution No. 8412 (1995 Series) and Resolution No. 8476 (1996 Series) and will increase the health insurance contribution to $420 per month for Appointed Officials, Department Heads and other management personnel. SECTION 5. The Director of Finance shall adjust the Personnel Services appropriation accounts to reflect the benefit changes effective the beginning of the first full pay period in January, 1998. R 8756 D Upon motion of Council Member Smith seconded by Council Member Roalman and on the following,roll call vote:. AYES: Council Members Smith, Roalman, Romero, Williams and Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 1997. ATTEST: rty Clerk Boi� L. (� wf � % APPROVED AS TO FORM: lfflmamawj Ad A� Jel',11org en 20th day Of January , r I APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE Salary Group Classifications I City Administrative Officer II City Attorney III Assistant City Administrative Officer Community Development Director Finance Director Fire Chief Police Chief Public Works Director Utilities Director IV City Engineer Parks and Recreation Director Personnel Director V City Clerk VI Assistant City Attorney Development Review Manager Economic Development Manager Long Range Planning Manager Natural Resources Manager Public Works Manager Wastewater Division Manager Water Division Manager VII Accounting Manager Chief Building Official Fire Marshall Information Systems Manager Revenue Manager Supervising Civil Engineer VIII Assistant to the CAD Parking Manager Principal Transportation Planner Recreation Manger Risk Manager Transit Manager Wastewater Treatment Plant Supervisor Water Treatment Plant Supervisor Utilities Engineer EXHIBIT A Salary Range $7257 -9412 $6291 -8145 $ 5921 -7635 $5296 -6804 $4239 -5512 $4154 -5470 $3811 -5239 $3500 -4904 Appointed Officials and Management Salary Schedule - Page 2 IX Administrative Analyst $3255 -4625 Fire Protection Specialist GIS Coordinator Industrial Waste Coordinator Neighborhood Services Manager Personnel Analyst Principal Recreation Supervisor Public Safety Information Systems Coordinator Utilities Conservation Coordinator Wastewater Collection Supervisor Water Distribution Supervisor Water Supply Supervisor X Accounting Supervisor $3010 -4268 Arborist Building Maintenance Supervisor Communications Supervisor Customer Services Supervisor Golf Course Supervisor Parks Supervisor Police Records Supervisor Recreation Supervisor Streets Supervisor Supervising Mechanic G:posWon 98 I � / 0-/� 1 i�� ��` f��'"' 8755 i RESOLUTION NO. (1998 SERIES) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REDUCING THE SURETY FOR TRACT NO. 1750 (Unit 3) WHEREAS, the City Council approved the final map for Tract 1750 (Unit 3) per Resolution No. 8417 (1995 Series) and Faithful Performance and Labor & Materials bonds were posted to guarantee completion of the subdivision improvements in the total amounts of $2,199,600 and $1,099,800, respectively, under the subdivision agreement, and WHEREAS, the subdivider has satisfactorily completed most of the required improvements and has requested reduction in the bond amounts to that required as a warranty per the subdivision agreement ($220,000) and for completion of certain storm drain system repairs ($10,000). NOW THEREFORE, BE IT RESOLVED that the Faithful Performance and Labor & Materials bonds for Tract No. 1750 (Unit 3) are hereby reduced to $230,000 and $115,000, respectively. Release of the Labor & Materials surety in the amount of $984,800 is subject to provisions of Section 66499.7(b) of the Subdivision Map Act. On motion of Council Member Smith , seconded byco ,n i l M mb Roal maand on the following roll call vote: AYES: Council Members Smith, Roalman, Romero, Williams and Mayor Settle NOES: None ABSENT: None 88755 Resolution No8755(1998 Series) Page two the foregoing Resolution was passed and adopted this 20th day of January , 1998. ATTEST: 14 i MY CLER"OnTrGav / ll APPROVED AS TO FORM: r/oTqANtpefft�fG. Jorgensen Everyone \Council Agenda Reports \Staff Report, T 1750 (Unit4) MAYOR Allen K. Se le �� PIA-t RESOLUTION NO. 8754 (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated.Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement "), among certain local agencies throughout the State of California, including the City of San Luis Obispo (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, the San Luis Obispo Non -Profit Housing Corporation, in conjunction with Bay Development Group, LLC (collectively, with any related entity, the 'Borrower ") has requested that the Authority issue multifamily housing revenues bonds in an aggregate principal amount not to exceed $4,000,000 (the 'Bonds ") for the purpose of providing financing for the acquisition, construction and development of a 30 -unit multifamily residential rental project for seniors, handicapped and disabled persons at the intersection of Nipomo and Brizzolara Streets, San Luis Obispo, California; and WHEREAS, the Bonds will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code "); and WHEREAS, pursuant to Section 147(0 of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, there has been published, at least 14 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on the date hereof; and WHEREAS, such public hearing was conducted on said date by the City Council, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the members of this City Council (this "Council') are the applicable elected representatives of the City; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; WHEREAS, the proposed bonds will be payable solely from revenues received by the Authority from the Borrower and the City will have no financial liability for the financing of the project, and neither the faith and credit nor the taxing power of the City is pledged to the payment of the principal of, premium, if any, or interest on the proposed bonds; R 8754 Resolution..No.. 875r '1998 Series) Page_2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. The Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(1) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the project is located, in accordance with said Section 147(0, and (b) Section 9 of the Agreement. SECTION 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. SECTION 4. The City Clerk shall forward a certified copy of this Resolution to: Ana Marie del Rio, Esq. Orrick, Herrington & Sutcliffe LLP Old Federal Reserve Bank Building 400 Sansome.Street San Francisco, California 94111 SECTION 5. This resolution shall take effect.immediately upon its passage. Upon motion of _ _ Smith __ __ , seconded by Romero and on the following roll call vote: AYES: Council Members Smith, Romero., Williams &Mayor Settle NOES: None ABSENT: Council. Member Roalman the foregoing resolution was adopted this __ -th day of January ! 1998. Mayor Allen Settle ATTEST: �. APPROVED AS TO FORM: A i3. L&Wsl� Jeffrey 0. Jorgensen, City Attorney . r4 vi l 1 t_= RESOLUTION NO. 8753(1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSIONS ACTION, THEREBY UPHOLDING THE DECISION TO G_ RANT FINAL APPROVAL TO THE ACACIA CREEK COMMERCIAL CENTER AT 3450 BROAD STREET (ARC 88 -97) WHEREAS, the City Council conducted a public hearing on January 6, 1998, and has considered testimony of interested parties including the appellant, the records of the Architectural Review Commission's action of November 17, 1997, and the evaluation and recommendation of staff, and WHEREAS, the City Council has considered the Negative Declaration with Mitigation Measures (ER 88 -97) as prepared by staff, reviewed by the Architectural Review Commission, and approved by the Administrative Hearing Officer. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Fes. That this Council, after consideration of the proposed project (ARC 88 -97), the appellant's statement, staff recommendations and reports thereof, makes the following findings: 1. The proposed project as designed and conditioned is consistent with the general criteria contained in the City's architectural review guidelines. 2. Project approval by the ARC included a creek setback exception for portions of a required City bicycle path through the site in accordance with the findings included in the ARC action letter per SLO Municipal Code Section 17.16.025 G. 3. The building scale and amount of parking provided are appropriate for a project developed in the C -S zone. SECTION 2. Action. The appeal is hereby denied, and the action of the ARC to grant final approval to the project is upheld. At+aCKrner1 1 R 8751 Resolution No.8 11998 Series) Page 2 On motion of Council Member Romero , seconded by Council Member Williams , and on the.following roll call vote: AYES: Council Members Romero, Williams, Smith and Mayor Settle NOES' None ABSENT: Council Member Roalman the foregoing resolution was passed and adopted this 6' day of January, 1998. Mayor Allen Settle ATTEST: I ii��l�- Cle rk 5,,, APPROVED: rcskarc 88 -97 (Acacia Ck. - deny) C Lal �G�S� RESOLUTION NO. 8752 (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION, THEREBY DENYING THE REQUEST TO ELIMINATE THE CONDITION REQUIRING DEDICATION OF RIGHT -OF -WAY AND INSTALLATION OF FRONTAGE IMPROVEMENTS AT 1 HIGUERA STREET (ARC MI 122 -97) WHEREAS, the City Council conducted public hearings on November 18, 1997, and January 6, 1998, and has considered testimony of interested parties including the appellant, the records of the Community Development Director's action, and the evaluation and recommendation of staff; and WHEREAS, the City Council has determined that the project is categorically exempt under Section 15301. (a) of the CEQA Guidelines. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Finding. That this Council, after consideration of the proposed project (ARC MI 122 -97) including the contested condition, the appellant's statement, staff recommendations and reports thereof, makes the following findings: 1. The requirements for right -of -way dedication and the installation of frontage improvements are consistent with City Council Resolution No. 4130 (1980 Series) and constitute an appropriate condition to the proposed project approval. 2. The installed sidewalk along the frontage of this project will provide an important linkage to area -wide pedestrian circulation. SECTION 2. Denial. The appeal is hereby denied, and the request to eliminate the condition of architectural review requiring the dedication of right -of -way and installation of frontage improvements is denied, with the following condition: 1. The property owner will dedicate all necessary right -of -way along the Higuera Street frontage at no cost to the City, and hire a registered civil engineer at his cost to prepare plans R 8752. C, Resolution No 75 f1998 Series) Page 2 and specifications for a City public works project to install all necessary frontage improvements including curb, gutter, sidewalk, retaining wall and street paveout. When the design is completed and approved by the City, the project will be placed in the 1998 -99 Capital Improvement Plan (CIP) budget and submitted along with all other CIP proposals for review and approval by the Council. The City will install the improvements per approved plans upon Council approval of the project as part of a future CIP project schedule. On motion of Council Member Smith , seconded by .o m i 1 Mambpr RcAnpro , and on the following roll call vote: AYES: Council Members Smith, Romero, Williams & Mayor Settle NOES: None ABSENT: Council Member Roalman. the foregoing resolution was passed and adopted this 6' day of January, 1998. J Mayor Allen Settle ATTEST: ty Clerk Bon*-'Ga APPROVED: ''meiielp, rge4ten =\arc mi 122 -97 (McCarthy - deny) �. ��� � �� �j /� � . � Ll�' ✓/ � J ,�� �.1,, , (/N�f I %/y, � Z� RESOLUTION NO. 8751 (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A REQUEST TO ELIMINATE CONDITION NO.5 OF USE PERMIT A 6 -96 BUT MODIFYING THE CONDITION TO SPECIFY SHARED RESPONSIBILITY FOR THE SOUND WALL WITH THE LOS VERDES PARK I HOMEOWNERS ASSOCIATION WHEREAS, the City Council conducted a public hearing on January 6, 1998 to considered testimony of interested parties, and the evaluation and recommendation of staff. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of applicants request to eliminate the required sound wall condition, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The sound wall along the South Higuera Street frontage of the Los Verdes Park I is warranted in order to mitigate existing and planned traffic along South Higuera Street; and 2. Due to the existing above standard noise levels currently experienced by Los Verdes Park I residents and the increase in noise that can be attributable to the TK development, the responsibility of the sound wall should be shared between the applicants and the Los Verdes Park I Homeowners Association. SECTION 2. Denial. The request for deletion of condition no. 5 of Use Permit A 6 -96 is hereby denied. The Council however amends condition no. 5 to read as follows: 5. The applicant shall submit an irrevocable letter of credit or an assigned certificate of deposit to the City of San Luis Obispo in the amount of $32,000 to be payable to the Los Verdes Park I Homeowners Association upon completion of a sound wall along the eastern property line of the Los Verdes residential area to shield the neighborhood from traffic noise and pollution and for safety reasons. In the event the wall is not constructed in 5 years, the letter of credit or assigned certificate of deposit shall be retumed to the applicant. RR751 Resolution No. 8751 (1998 Series) Page 2 On motion of Council Member Romero, seconded by Council Member Williams, and on the following roll call vote: AYES: Council Members Romero, Williams and Mayor Settle NOES: Vice Mayor Smith ABSENT: Council Member Roalman the foregoing resolution was passed and adopted this 6" day of January, 1998. ATTEST: . ;if _ W 5r-'_ APPROVED AS TO FORM: PAOW `� ,C�'GvL �� �( G ��� CZ �I� W=e 4 RESOLUTION NO`.875 1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL TRACT MAP FOR VESTING TENTATIVE TRACT MAP NO. 2139 LOCATED ON THE EASTERN CORNER OF PISMO AND BEACH STREETS (533 PISMO STREET). WHEREAS the City Council approved a tentative map for Tract No. 2139 on November 30, 1993 for an effective period of 24 months; and WHEREAS the applicants have previously received two one -year extensions (one by City action on January 4, 1996 and one by the State Legislature - Govt. Code Sec. 66452.13) which extended the life of the tentative map until November 30, 1997; and WHEREAS the applicants have on November. 23, 1997 requested a second one -year extension. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. That this Council, after consideration of public testimony, the subdivider's request, staff recommendations and reports thereon, found that there have been no changes in land use policies or ordinances affecting the project approval and that the one -year time extension is justified. SECTION 2. Action. That Vesting Tentative Tract Map No. 2139 is granted a one -year time extension to November 30, 1998, subject of the original findings and conditions, as specified in City Council.Resolution No. 8244: R 8750 Resolution No. 8750 (1998 Series) Page 2 On motion of Smith seconded by Romero and on the following roll call vote: AYES: Council Members Smith, Romero, Williams & Mayor Settle NOES: None ABSENT: Council Member Roalman the foregoing resolution was passed and adopted this of January 1498 6th Mayor Allen fettle ATTEST: � APPROVED AS TO FORM: mr Mr day /��J � ��� ��� � n L- �L�,t� � .._ �. RESOLUTION NO. 8749 (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SALE OF REPLACED COMPUTER EQUIPMENT WHEREAS, the City has adopted an ongoing program of replacing computer equipment to ensure that it stays current with changes in technology; WHEREAS, the Council previously approved procedures for disposing of surplus computer equipment (Resolution No. 8733 adopted on October 21, 1997); and WHEREAS, it is more efficient to dispose of surplus computer equipment as it is being replaced. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that replaced computer equipment is hereby declared surplus property and is authorized for sale subject to the following conditions: SECTION 1. There are no other City uses for the equipment. SECTION 2. The sale will_ be made in accordance with procedures adopted by the Council for disposing of surplus computer equipment. SECTION 3. Except for interim uses, retention of replaced computer equipment requires Council approval: replacements are intended to keep the City's technology resources current, not to expand the City's computer equipment inventory. Upon motion of Smith and on the following roll call-vote: seconded by Romero - AYES: Council Members Smith, Romero, Williams & Mayor Settle NOES: None ABSENT:Council Member Roalman the foregoing resolution was adopted this 6th day of Januar /, 98. Mayor Allen Settle ATTEST- APPROVED AS TO FORM: Jeffrey 0. Jorgensen, City Attorney D Q7 /.e 8748 RESOLUTION NO. (199:8Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY . WHEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WHEREAS, the Director of Public Works has identified equipment items as set forth in Exhibit A which are no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo hereby declares: SECTION 1. All items of property listed in Exhibit A are no longer needed by the City and are surplus property. SECTION 2. Disposal of the property shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion of Smith seconded by Romero , and on the following roll call vote: AYES: Council Members Smith, Romero, Williams & Mayor Settle NOES: None ABSENT: Council Member Roalman the foregoing resolution was adopted this 6th day of January , 1998.. ATTEST: / ty Clerk go ie F. Ga f Mayor Allen Sett APPROVED AS TO FORM: City Att6mey R 8748 EXHIBIT A Pgwfo, w0*5 0004 tment .Vehicles'_• Year Make Model License # Vehicle I.D.# Estimated Value 1980 Gruman Flexible 363644 91579 5,000 1980 Gruman Flexible 363643 91726 5,000 Total $10,000 �� c,J -` C; ��, L'�'` "�