HomeMy WebLinkAbout04/20/1999, 3 - LLA 213-98: APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DECISION TO CONDITIONALLY APPROVE A LOT LINE ADJUSTMENT MAP TO MODIFY THE LOCATION OF AN EXISTING LOT LINE BETWEEN TWO ADJACENT PARCELS AT THE SOUTHEAST CORNER OF BROAD AND LEFF STREET Waing Do
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CITY O F SAN LUIS O B I S P 0
FROM: Arnold Jonas,Community Development for
Prepared By: John Shoals,Associate Plannef
Ll
SUBJECT: LLA 213-98: APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S
DECISION TO CONDITIONALLY APPROVE A LOT LINE ADJUSTMENT MAP TO
MODIFY THE LOCATION OF AN EXISTING LOT LINE BETWEEN TWO ADJACENT
PARCELS AT THE SOUTHEAST CORNER OF BROAD AND LEFF STREETS; 1704 AND
1708 BROAD,R-2 ZONE; HOWARD CARROLL, APPLICANT/APPELLANT.
CAO RECOMMENDATION
Adopt draft Resolution "A" denying the appeal and upholding the Community Development
Director's action on the project.
DISCUSSION
Situation
On March 11, 1999, the Community Development Director conditionally approved a lot line
adjustment map based on findings and subject to conditions. A copy of the Director's Lot Line
Adjustment staff report is included as Attachment 3. On March 22, 1999, the property
owner/applicant filed an appeal of the Director's action with the City Clerk. He is asking the City
Council to modify two of the conditions of approval for the project. The specifics of the appeal are
discussed below.
The attached Lot Line Adjustment staff report includes a detailed project analysis, including a
project description,site description and staff evaluation of the proposed lot line adjustment.
Evaluation
The appellant is appealing the Director's decision and requesting modifications to the conditions of
approval for execution of a parking agreement and the relocation of existing utilities.Following is a
brief discussion of each of these items.
1. Common Driveway and Parking Agreement
Condition No. 2 requires the execution and recordation of a common driveway and parking
agreement to assure that parking access problems do not occur in the future if one or both of the lots
are sold.
Currently,there are four onsite parking spaces serving the four existing units(1704 Broad/709 Leff
and 725/727 Leff) on Lot 7. Adjusting the lot line would create a situation where the parking
3-1
Council Agenda Report
LLA 213-98 (Carroll Appy
Page 2
spaces for two of the existing units (1704 Broad and 709 Leff are on a different lot. Given that
there does not appear to be adequate room to provide onsite parking spaces on the newly configured
Parcel 1, it was determined that this parking arrangement could potentially create onsite parking
problems and a common driveway and parking agreement was required as a condition of approval
of the lot line adjustment. According to the appellant(property owner),parking for the two units at
1704 Broad and 709 Leff is provided on the street because the structure was built without off-street
parking. As a courtesy, he allows these tenants to park in the spaces underneath the duplex at
725/727 Leff, but there is no legal document guaranteeing them the right to park in these existing
parking spaces. The appellant states that he has no plans to sell the property and does not want to
link the parcels together with a common parking and driveway agreement.
2. Relocation of Existing Utilities
Condition No. 3 requires the verification of the location of all existing utilities and the relocation of
any utilities that cross property boundaries. Approval of the proposed lot line adjustment will
affect several existing utilities, including sewer, water, gas, electric and cable. Currently, these
public utilities provide service directly from the right-of-way and are located on the same lot as the
units they serve. Adjusting the lot line will result in some of the existing public utilities crossing
property lines which is inconsistent with National and City Building Codes. The Uniform
Plumbing Code (U.P.C.)and the National Electric Code (N.E.C.)require any services and meters
to be on the same property as the structures that they are serving. This means that each parcel must
have its own water,sewer,gas and electric shutoff facilities.Condition No. 3 was imposed to insure
compliance with the requirements of the U.P.C. (Sections 308.1, 312.0, 605.3, 721.0 and 1209.3)
and the N.E.C.(Section 230-70a).
The property owner is asking that this condition be modified to require that a reference note stating
that existing utilities shall be relocated directly from public right-of-way adjacent to each parcel
when/(if)sold as individual parcels be added to and recorded as part of the final map.
As stated above,the purpose of this condition is to assure that the lot line adjustment complies with
all applicable Building Codes. Therefore,the existing utilities must be verified,and if appropriate,
they must be relocated before the lot line adjustment is finalized and the property line created. Staff'
feels that there may be some limited opportunities for the applicant to grant easements,but for the
most part, any utility or service crossing a property line must be relocated. If it is the Council's
desire, staff will work with the applicant to identify which services and utilities require relocation
and which ones can be handled through easement agreements.
CONCURRENCES
The Building Division and Public Works Department has expressed concerns with the existing
utilities being allowed to cross property lines, and indicate that the services and utilities must be
relocated before the property line is created. However, both have indicated that there may be an
opportunity to provide easements, where appropriate, to assure the installation and connection of
public and private utilities.
3-2
Council Agenda Report
LLA 213-98 (Cat_roll App� �
Pie 3 -- -- -
FISCAL IMPACT
:None
ALTERNATIVES
1: The Council may uphold the appeal.and modify the conditions of approval.
2. The Council may continue discussion if additional information is needed. Direction should .
be given to.staff•and the applicant..
Attachments
1. Draft Resolution"A'Denial of.Appeal
2. .Draft.Resolution`B" Uphold Appeal
3. Director's Lot Line..Adjustment Staff Report
4. Applicant's Appeal Form
JShoals/CC/LLA213=98(Appeal)
3-3
Draft Resolution A
RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL OF THE
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION,
THEREBY UPHOLDING THE DECISION TO APPROVE
LOT LINE ADJUSTMENT LLA-213-98 WITH ALL OF THE
ORIGINAL CONDITIONS
WHEREAS, the Community Development Director, on March 11, 1999, conditionally
approved a lot line adjustment for property located at 1704 and 1708 Broad Street; and
WHEREAS, Howard Carroll, property owner/applicant, filed an appeal of the
Community Development Director's action on March 22, 1999, based on concerns with
Condition No. 2 and 3 as approved by the Community Development Director; and
WHEREAS, the City Council conducted a public hearing on, April 20, 1999, and has
considered testimony of the applicant/appellant, interested parties, the records of the Planning
Commission hearings and actions, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the project is consistent with the State
Subdivision Map Act, City Zoning Ordinance, Building Code and other applicable City
ordinances.
WHEREAS, the City Council finds the project to be categorically exempt from
environmental review as provided for by California Environmental Quality Act Guidelines,
Section 15305 Minor Alterations in Land Use Limitations, and determined by the Community
Development Director.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
3-4
Resolution No. (1999 Series)
Page 2
SECTION 1.Findings. That this Council, after consideration of the proposed project
(LLA 213-98), the appellant's statement, staff recommendations and reports thereof, makes the
following findings:
1. The lot line adjustment will improve the non-conformity of the of the existing lots and
development on the property consistent with Chapters 17.12 and 17.14 of the City's
Zoning Regulations.
2. The lot line adjustment will not increase the number of parcels and complies with Section
66412(d) of the Subdivision Map Act and the City's Subdivision Regulations.
3. The proposed lot line adjustment is categorically exempt from environmental review
pursuant to Section 15305 of the State CEQA Guidelines.
SECTION 2. Action. The appeal is hereby denied, and the action of the Community
Development Director to approve Lot Line Adjustment LLA 213-98 is upheld, subject to the
following conditions:
1. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot
Line Adjustment", along with recording and processing fees, and an 8-1/2 x 11 map
exhibit suitable for recording, to the City Engineer for review, approval and
recordation, based on samples available in the Community Development Department.
2. The owner shall execute and record a common driveway and parking agreement with the
parcel map or lot line adjustment agreement.
3. The location of all existing utilities (water, sewer, gas, electric, telephone and cable TV)
shall be verified, and if they cross proposed property boundaries those utilities shall be
relocated,as necessary,to provide service directly from the public right-of-way adjacent to
each parcel.
3-5
Resolution No. (1999 Series)
Page 3
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this_day of . 1999.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
IV Aeomit . Jorgensen
3-6
Draft Resolution B
RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION,
THEREBY MODIFYING THE CONDITIONS OF
APPROVAL BY DELETING CONDITION NO. 2 AND
MODIFYING CONDITION NO.3 FOR THE PROJECT
LOCATED AT 1704 AND 1708 BROAD STREET,LOT LINE
ADJUSTMENT LLA-213-98.
WHEREAS, the Community Development Director, on March 11, 1999, conditionally
approved a lot line adjustment for property located at 1704 and 1708 Broad Street; and
WHEREAS, Howard Carroll, property owner/applicant, filed an appeal of the
Community Development Director's action on March 22, 1999, based on concerns with
Conditions No. 2 and 3 as approved by the Community Development Director; and
WHEREAS, the City Council conducted a public hearing on, April 20, 1999, and has
considered testimony of the applicant/appellant, interested parties, the records of the Planning
Commission hearings and actions, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the project is consistent with the State
Subdivision Map Act, City Zoning Ordinance, Building Code and other applicable City
ordinances.
WHEREAS, the City Council finds the project to be categorically exempt from
environmental review as provided for by California Environmental Quality Act Guidelines,
Section 15035 Minor Alterations in Land Use Limitation, and determined by the Community
Development Director.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
3-7
L ,
Resolution No. (1999 Series)
Page 2
SECTION 1. Findings. That this Council, after consideration of the proposed project
(LLA 213-98), the appellant's statement, staff recommendations and reports thereof, makes the
following findings:
1. The lot line adjustment will improve the non-conformity of the of the existing lots and
development on the property consistent with Chapters 17.12 and 17.14 of the City's
Zoning Regulations.
2. The lot line adjustment will not increase the number of parcels and complies with Section
66412(d)of the Subdivision Map Act and the City's Subdivision Regulations.
3. The proposed lot line adjustment is categorically exempt from environmental review
pursuant to Section 15305 of the CEQA Guidelines.
4. A recorded agreement will provide adequate notification to prospective property
improvements to future property owners.
SECTION 2. Action. The appeal is hereby upheld, and the action of the Community
Development Director to approve Lot Line Adjustment LLA 213-98 is modified to delete
Condition No. 2 and modify Condition No. 3. Therefore, the lot line adjustment is approved
subject to the following conditions:
1. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot
Line Adjustment", along with recording and processing fees, and an 8-1/2 x 11 map
exhibit suitable for recording, to the City Engineer for review, approval and
recordation,based on samples available in the Community Development Department.
2. The owner shall enter into an agreement with the City, on a form approved by the City
Attorney,the Public Works Director and the Community Development Director, agreeing
that if the property is transferred to another owner,the existing utilities shall be relocated,as
necessary,to provide service directly from the public right-of-way adjacent to each parcel.
3-8
:J
Resolution No. (1999 Series)
Page 3
On motion of ._ _ _ ; seconded!by
and on the following roll call vote:-
AYES:
ote:AYES:
NOES:
ABSENT::
The foregoing resolution.was.passed and adopted this_day of . 1999.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROV.ED.AS TO FORM:
o eyt(G. Jorgensen
3-9
CITY OF SAN LUIS OBISPO
DIRECTOR'S LOT LINE ADJUST NT STAFF REPORT
BY: John Shoals,Associate Planner
PREPARATION DATE: March 5, 1999
FILE NUMBER: LLA 213-98
PROJECT ADDRESS: 1704 and 1708 Broad Street
SUBJECT: Consideration of a map to adjust the lot line between two existing parcels at the
southeast comer of Broad and Leff Streets.
BACKGROUND
Situation
The applicants own two lots at the southeast comer of Broad and Leff Streets (see Attachment 1).
These lots are developed with three residential buildings—two buildings are on one lot and the
third on the other lot. Originally constructed in the 1950s, one of the buildings (1704 Broad
Street) was built over the existing property line. To remedy this situation, the owners are
requesting a lot line adjustment so that this residential structure is on one lot, and to clearly
delineate the property line.
Project Description
The project is a map (SLOAL 98-0245) to adjust the lot line between two parcels -- Lots 7 and
8 of Block 121, Murray & Church's Addition to the City of SLO as recorded in Book A, Page
144. The existing property line, between the two lots, runs parallel to Leff Street and divides the
lots perpendicular to Broad Street. The applicant is proposing a lot line adjustment to divide the
properties perpendicular to Leff Street. Attachment 2 is a reduced-scale copy of the preliminary
parcel map. As shown in the tentative map, the proposed lot line adjustment would result in two
parcels—Parcel 1 (7,651 square feet) and Parcel 2 (6,067 square feet).
Data Summary
Addresses: 104-1708 Broad
Applicants/Property Owners: Anna R. Gallagher, Howard E. Carroll,
Michael M. and Michaeline C. Maino.
Zoning: R-2 Medium Density Residential
General Plan: Medium Density Residential
Environmental Status: Categorically exempt
3-10
LLA 213-98 (Carroll)
1704 and 1708 Broad
Page 2
Site Description
The rectangular-shaped lots are generally flat with a less than 2% slope. Lot 7 consists of 6,498
square feet and Lot 8 consists of 7,220 square feet—a total area of 13,718 square feet or .31
acres. The site is developed with three duplex units (one-bedroom units) and various site
improvements including underground and overhead utilities, sidewalks, fencing, and parking.
EVALUATION
The Subdivision Map Act limits a local agency's review of a lot line adjustment to a determination
of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and
building ordinances. Specifically, a local agency cannot impose conditions or exactions on its
approval of a lot line adjustment except to conform to local zoning and building ordinances,or to
facilitate the relocation of existing utilities,infrastructure or easements.
Subdivision Requirements
The site is zoned R-2 and is required to comply with the City's lot area and dimensions standard for
that zone. Those standards include:a minimum lot area of 6,000 square feet(sq.ft.),a minimum lot
width of 60 feet, a minimum lot depth of 90 feet, and a 3-to-1 depth-width ratio. Lot 7 is 45 feet
wide and 144 feet long with a total area of 6,498 square feet. Lot 8 is 50 feet wide by 144 long with
a total area of 7,220 square. Both existing lots meet the minimum lot area and depth requirements,
but not the lot width requirements. With the proposed lot line adjustment both lots would meet all
of the required standards for lot area,lot width,lot depth and depth-width relationship. Lot 7 would
be about 80.54 feet wide and 95 feet long with an area of 7,651 sq.ft.,and Lot 8 would be 63.86 feet
wide and 95 feet long with an area of 6,067 sq.ft. The dimensions and areas of the resultant
parcels are consistent with the standards contained in Section 1636.160 of the City's
Subdivision Regulations. The proposed lot line adjustment will not result in a greater
number of parcels than originally existed.
Zoning Requirements
A. Density
The project was analyzed for compliance with the R-2 density requirements, which allows a
maximum density of up to 12 units per acre depending a site's size and topography. Lot 7 has a
maximum allowable density of 1.80 units (.15 acres x 12 units/acre) and is developed with 3.14
units (four one-bedroom units and one studio). Lot 8 has a maximum allowable density of 2.04
units (.17 acres x 12 units/acre)and is developed with 1.32 units (two one-bedroom units). Lot 8
meets the density requirements,but Lot 7 exceeds the allowable density by 1.35 units. The two lots
3-11
LLA 213-98 (Carroll)
1704 and 1708 Broad
Page 3
combined have a maximum allowable density of 3.72 units (.31 acres x 12 units/acre) and are
developed with 4.46 units,which also exceeds the allowed density by .68 equivalent units.
Adjusting the lot line would change the area and density requirement of each parcel. Parcel 1
would have a maximum density of 2.16 units (0.18 acres x 12 units/acre)and be developed with
3.14 units. Parcel 2 would have a maximum density of 1.68 units (0.14 acres x 12 units/acre)and
be developed with 1.32 units. Parcel l would meet the R-2 density standards,but Parcel 1 would
exceed the allowable density by .98 units. While this is a slight improvement on an individual
lot basis, the overall development on both parcels would still exceed the City's density
requirements. However, since the combined lot density will not change, the lot line
adjustment conforms to the density regulations to the maximum extent possible.
B. Parking
There are two primary parking concerns with the project. First,parking for the existing residential
development on both lots does not meet current City standards. The four one-bedroom units and
studio apartment on Lot 7 have a parking requirement of eight spaces, but only four spaces are
provided. Three parking spaces are required for the duplex on Lot 8. However,no off-street spaces
are provided and residents park on Broad Street. While there appears to be enough area to
accommodate the required parking at the southeast portion of existing Lot 8, there is no practical
way of providing access to this area due to the location of the structures and the presence of large
mature trees which would need to be removed. It is staff's opinion that adjusting the lot line
would have no effect on the number of on-site parking spaces.
It is staffs understanding that two of the four parking spaces at 725/727 Leff Street are reserved for
the units at 709 Leff and 1704 Broad. Currently,the existing parking spaces and the units they
serve are on the same lot (Lot 7). Adjusting the lot line would create a situation where the units
and parking spaces are on separate lots,which could lead to parking access problem if one of the
lots is sold in the future. Therefore,it is recommended that a common parking and driveway
agreement be executed and recorded as part of the lot line adjustment approval.
C. Yard Requirements
Two of the three structures (1704 Broad and 725/727 Leff) do meet the R-2 zone yard
requirements. The structure at 1704 Broad has a 7.7-foot street yard setback along Leff Street
where 10 feet is required. This structure also has a 0-foot side yard as it extends beyond the
existing lot line. The structure at 725/727 Leff has a 17.8-foot street yard where 20 feet is required.
This structure also has a two-foot side yard and a two-foot rear yard where City Code requires eight
feet for both yards.
3-12
LLA 213-98 (Carroll)
1704 and 1708 Broad
Page 4
With the proposed lot line adjustment, the only non-conforming yards would be the street yards
(along Leff Street) for both structures and one side yard for the structure at 725/727 Leff. It is
staffs opinion that adjusting the lot line will improve the development's conformity with
yard requirements.
Public Utilities
Adjusting the lot line will create a situation in which existing public utilities(water, sewer and gas
lines) may have to cross over property lines. The Building Division is requiring that water and
sewer laterals be shown on the map and verified to confirm that services do not cross property lines
as required by the Uniform Plumbing Code. The Public Works Department had indicates that the
applicant must comply with the standard requirements for any needed adjustments or reconstruction
of individual services to each new parcel. The following condition is recommended to assure that
utilities do not cross over property lines.
1. The location of all existing utilities(water, sewer, gas, electric, telephone and cable TV) shall
be verified,and if they cross proposed property boundaries those utilities shall be relocated,as
necessary,to provide service directly from the public right-of-way adjacent to each parcel.
OTHER DEPARTMENT COMMENTS
No other departments commented on the project.
RECOMMENDATION
That the Director approve the lot line adjustment map, based on the following findings and
subject to the following conditions.
Findings
1. The lot line adjustment will improve the non-conformity of the of the existing lots and
development on the property consistent with Chapters 17.12 and 17.14 of the City's
Zoning Regulations.
2. The lot line adjustment will not increase the number of parcels and complies with Section
66412(d) of the Subdivision Map Act and the City's Subdivision Regulations.
3. The proposed lot line adjustment is exempt from environmental review pursuant to
Section 15305 of the CEQA Guidelines.
3-13
LLA 213-98
1704 and 1708 Broad Street (Carroll)
Page 5
Conditions
1 . The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot
Line Adjustment", along with recording and processing fees, and an 8-1R x 11 map exhibit
suitable for recording, to the City Engineer for review, approval and recordation, based on
samples available in the Community Development Department.
2. The owner shall execute and record a common driveway and parking agreement with the parcel
map or lot line adjustment agreement.
3. The location of all existing utilities(water, sewer, gas, electric,telephone and cable TV) shall
be verified,and if they cross proposed property boundaries those utilities shall be relocated,as
necessary,to provide service directly from the public right-of-way adjacent to each parcel.
Attachments:
1. Vicinity Map
2. Reduced Scale Preliminary Map (SLAL 98-218)
!Shoals/Subdivis/LLA213-98
3-14
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I Oct
c -or son kT,.S OBISPO
APPEAL TO THE CITY COUNCIL
In accordance with the appeals procedures as authorized by Title, 1, Chapter 1.20 of the
San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of
Ronald Whisenand rendered on March 11 , 1999
which consisted of the following (i.e., explain what you are appealing and the grounds
for submitting the appeal. Use additional sheets as needed.)
Condition #2: Owner does not wish to link parcel 1 & parcel 2 together
with common driveway or' parking agreement.
Condition #3: Owner wish�s' to make map reference along with recorded
memo that existing utilities shall be relocated directly from
public right-of-way adjacent to each parcel when/(if) sold as
individual parcels.
The undersigned discussed the decision being appealed with:
Ronald Whisenand on March 22, 1999
Name/Department (Date) ,
Appellant: Howard Carroll - owner P.O. Box 1025 San Luis Obispo,CA
Name/Title Mailing Address (& Zip Code) 93406
544-2527 541-0178
Home Phone Work Phone
Representative: 'twin Cities Surveying 613 Templeton,CA 93465
Name/Title Mailing Address (& Zip Code)
For Official Use Onnly:��
Calendared for w/ 4,;L a v /Q f4 Date & Time Received:
c: City Attorney
RECEIVED
City Administrative Officer MAR 2 2 1999
Copy to the following department(s):
SLO CIT Y CLERK
� lulv�un�Q
3-17
Original In City Clerles Office
1 ,115 oBispoo sanc� �
990 Palm Street, San Luis Obispo, CA 93401-3249
March 11, 1999
Howard Carroll
1009 Morro Street
San Luis Obispo, CA 93401
SUBJECT: Lot Line Adjustment LLA 213-98
1704 and 1708 Broad Street
Dear Mr. Carroll:
After reviewing the information presented for your lot line adjustment adjusting lot lines
between two lots, I approved your request on March 10, 1999, based on the following
findings and subject to the following conditions
Findings
1. The lot line adjustment will improve the non-conformity of the of the existing lots
and development on the property consistent with Chapters 17.12 and 17.14 of
the City's Zoning Regulations.
2. The lot line adjustment will not increase the number of parcels and complies with
Section 66412(d) of the Subdivision Map Act and the City's Subdivision
Regulations.
3. The Community Development Director has determined that the proposed lot line
adjustment is exempt from environmental review.
Conditions
1 . The lot line adjustment shall be finalized with either a parcel map or a lot line
adjustment agreement. If the agreement is pursued, the applicant shall submit a
"Declaration of Lot Line Adjustment", along with recording and processing fees, and
an 8-1/2 x 11 map exhibit suitable for recording, to the City Engineer for review,
approval and recordation, based on samples available in the Community
Development Department'
3-18
The City of San Luis Obispo is committed to include the disabled in all 01 its services, programs and activities.
Telecommunications Device for the Deal(805) 781-7410.
LLA 213-98
Page 2
2. The owner shall execute and record a common driveway and parking agreement with
the parcel map or lot line adjustment agreement.
3. The location of all existing utilities (water, sewer, gas, electric, telephone and cable
TV) shall be verified, and if they cross proposed property boundaries those utilities
shall be relocated, as necessary, to provide service directly from the public right-of-
way adjacent to each panel.
My decision is final unless appealed to the City Council within 10 days of the action. An
appeal may be filed by any person aggrieved by the decision.
If you have any questions, please call Michael Codron at 781-7169.
Sincerely,
Ro IdWhisen d
D velopment eview Manager
Attachment: Sample Agreement
`NOTE: It is advisable that you have the City's Engineering Division review the
agreement form prior to obtaining signatures to ensure the document is complete and
contains all information required for recording. If you have any questions regarding this
agreement, call Howard Birlew at 781-7193.
cc: Michael Maino Twin Cities Surveying
P.O. Box 1025 Attn: Skip
San Luis Obispo, CA 93401 P.O. Box 777
Templeton. CA 93465
3-19
F%ATEa0-9n= 40?
memonanbum
April 13, 1999 1
TO: City Council
FROM: Jan Howell Marx
SUBJECT: Community DevelopmeVt Block Grant Process
A number of residents have asked me why the Council had to dig so hard to find money to fund
the Women's Shelter project, why the staff report did not disclose to the City Council the full
amount of available CDBG funding. I have the same question myself.
This might be a good time to look at the Community Development Block Grant decision-
making process and decide if it should be restructured to provide more public involvement in the
decision-making process and more accountability.
I would like to see the CD$G allocation process given the same kind of careful discussion and
public scrutiny which the Human Relations Commissions now gives the grant-giving process.
As a step on that path, I propose a joint study session with the HRC and City Council regarding
the status of the CDBG program, an accounting of all funds, utilized and not yet utilized, as well
as a summary of activity over the past few years. The HRC could hold hearings and consider
applications for these funds, much as it does for other City grant applications,working with
planning staff. I request we put this item on the agenda.
JHM:ss
c: John Dunn [OrORIG
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Ken Hampian � FIN DIR
Arnold Jonas 17 FIRE CHIEF
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MEMORANDUM
CITY OF SAN LUIS OBISPO
RECEIVED
TO: Honorable Mayor and City Council
VIA: John Dunn, City Administrative Oi er APR 1999
FROM: Arnold Jonas, Community Development Director
DATE: April 14, 1999 1SLO CITY CLERK
SUBJECT: Council Person Marx's Memorandum Regarding Co unity Development Block
Grant (CDBG) Funding Allocations.
In her communication to Council, Council Person Marx suggests that the full amount of CDBG
funding available for allocation this year was not reported to Council by staff. As a result, Council
had to "dig hard"to find even partial funding for a request by the Women's Shelter. Additionally,
she asks if this would be a good time to reexamine the CDBG decision making process, and
possibly restructure it to provide for more public involvement, and more accountability. Under the
circumstances, I feel that it is important for Council to have sufficient background information to
consider, and possibly act upon, these suggestions.
The Council staff report contained recommendations for all available 1999 CDBG Program funds.
In addition, there was a discussion of additional funding which was available to "backfill" the on-
going museum rehabilitation project if the Council wished to do so. The report thoroughly
presented all current program requests and issues, and included recommendations, which if
implemented, would result in no unallocated or"hidden" funds.
Newspaper reportage of the Council meeting unfortunately mischaracterized the interaction of
Council and staff to determine if it were possible to redirect any funds to the Women's Shelter
$500,000 request. It is not surprising that members of the public relying only on that newspaper
account would not have an accurate understanding of the circumstances. In actuality, the City
Council considered public comment, and the staff recommendation, and ultimately decided to
partially fund the Women's Shelter's request. At the suggestion of staff$50,000 was redirected
from continued funding in the current year of the on-going Home Repair Program that has a large
unspent balance, and $31,810 was reprogrammed from previously allocated but unspent 1997
program year funds. Given the importance of the Women's Shelter's service to the community
and the Council's desire to provide at least partial support for the Shelter's request, this action
was appropriate and poses no hardship for other key CDBG-funded activities.
Since 1994, the City of San Luis Obispo has been part of the San Luis Obispo Urban County,
along with several other cities and the County of San Luis Obispo. The partnership was created
under the City's leadership and has allowed the County as a whole to receive more federal grant
funding than would have been possible if the three grant-entitled communities (San Luis Obispo,
a
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Atascadero, and Paso Robles) had sought federal block grant funds individually. The partnership
is founded on a creative funding allocation formula which ensures that each entitled city receives
at least as much as it would have received on its own, plus additional funding for Grover Beach
and the unincorporated County to address broader community needs that extended beyond urban
boundaries. The councils of the participating cities and the Board of Supervisors approved a
"Cooperative Agreement" setting out the terms and mutual responsibilities of the CDBG
partnership, following U.S. Department of Housing and Urban Development (HUD) standards.
Under that partnership, the County of San Luis Obispo has primary responsibility for meeting
HUD's environmental review and public participation requirements.
The Urban County's CDBG Public Participation process has been approved by HUD. Each year
the County of San Luis Obispo, in cooperation with participating cities, conducts advertised
public workshops throughout the County and holds two public hearings to solicit the widest
possible public input about housing and community development needs before issuing a county-
wide invitation for funding proposals. Quarter page ads are taken out in local newspapers
notifying citizens of grant availability, and hundreds of individual and group notices are sent.
Again this year, a public workshop was held in San Luis Obispo to identify local community needs
and to help citizens understand the CDBG grant process. Following the public needs workshops,
the County held a public needs hearing to allow additional community input with the Board of
Supervisors before the draft 1999 Consolidated Plan was prepared. Once the CDBG funding
requests are received by each city and the County, additional hearings are held to review the
requests and take public testimony. This year, fourteen public meetings (eight public workshops
and six public hearings) were held throughout the County to solicit public input. These meetings
exceeded public participation requirements set by HUD and by the Urban County's Public
Participation Plan.
After CDBG applications were received, consistent with Council accepted review procedures for
the previous five CDBG program years the Budget Review Committee, consisting of management
staff from Administration, Public Works, Finance, Community Development, and Parks and
Recreation departments met to review CDBG funding applications. The Committee developed
funding recommendations based on available Urban County funding, HUD rules, and City Council
funding priorities and direction. Those recommendations, transmitted to Council in the April 6,
1999 staff report, were based on previous Council direction that:
• repayment of the City's $1.65 Million Section 108 loan would constitute the City's primary
housing contribution for six years (through 2005), until the debt was retired;
• funding on-going programs, such as the Homeless Shelter, Home Repair Program and Prado
Day Center, and the completion of already existing projects, such as handicapped access
ramps and the Historic Museum Rehabilitation should take priority over new CDBG activities.
Each jurisdiction provides its tentative funding recommendations to the County, which then
publishes the Draft One-Year Action Plan for 30-day review as required by HUD. The Action
Plan lists funding requests and tentative allocations for CDBG and HOME programs to allow
citizens to comment or suggest different allocation strategies. Following the 30-day public
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review, each jurisdiction can take final action on its 1999 CDBG program.
Since 1994 the City Council has allocated over $6 Million in CDBG funds to a wide range of
housing, social service, and community development needs after extensive public notice and
public review. The Council has made and continues to make all decisions regarding the allocation
of CDBG funds, based on its evaluation of community needs and priorities. It does this through
an open, inclusive, and equitable process with input from individuals, community groups and non-
profit agencies, and city and county staff. It is Council's prerogative to change that process,
consistent with HUD rules, when Council determines such changes are appropriate based on
factual need. However, consistent with our working with others under the SLO Urban County
program, we believe we have developed a very open and fair procedure over the years, which has
served our City and County well.
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