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.
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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
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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
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Resolution No. 8758 (1998 Series)
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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.
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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.
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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
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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
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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
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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)
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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
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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
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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
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