HomeMy WebLinkAbout9250-9274RESOLUTION NO. 9274 (2001 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT
ON REAL PROPERTY
WHEREAS, the Bowden Ranch Partners, JV, ( "Grantor ") is the owner in fee simple of
certain real property in San Luis Obispo County, California, outside of but adjacent to the City of
San Luis Obispo, described as Assessor's Parcel Number 073 - 371 -002 and commonly referred to
as the Bowden Ranch (the "Property "); and
WHEREAS, the Property possesses natural resource values including wildlife and plant
resources, and scenic open space values (the "Conservation Values ") of great importance to
Grantor, the people of the City of San Luis Obispo, and the people of the State of California; and
WHEREAS, due to soil conditions and slopes, the Property has extremely limited
agricultural value; and
WHEREAS, Grantor intends that the conservation values of the Property be preserved
and maintained by the continuation of currently existing land use patterns; and
WHEREAS, Grantor further intends, as owner of the Property, to convey to the City of
San Luis Obispo the right to preserve and protect the conservation values of the property in
perpetuity; and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the
State of California that is authorized by law to accept Conservation Easements; and
WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation
values of the Property for the benefit of this generation and the generations to come.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Accepts the offer of donation of a Conservation Easement for Assessor's
Parcel Number 073- 371 -002; and
2. Authorizes and directs the Mayor to accept said Conservation Easement on
behalf of the City of San Luis Obispo.
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Resolution No. 9274 (2001 Series)
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Approved and adopted this 20th day of December 2001.
On motion of Council Member Mulholland, seconded by Council Member Ewan and on the
following roll call vote:
AYES:
Council Members Ewan, Mulholland and Vice Mayor Marx
NOES:
None
ABSENT:
Council Member Schwartz and Mayor Settle
llen K. Settle, Mayor
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ATTEST:
e Price. C' .Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9273 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN LAND USE MAP TO CHANGE THE
DESIGNATION OF PROPERTY LOCATED AT 950 HIGH STREET FROM SERVICES
AND MANUFACTURING TO PUBLIC (GP/R 14 -00), AND AMENDING THE
GENERAL PLAN LAND USE ELEMENT MAP TO DELETE THE SPECIFIC PLAN
REQUIREMENT BOUNDARY FOR THE WOODLAND DRIVE PLANNING AREA
WHEREAS, the Planning Commission conducted a public hearing on October 10, 2001
and adopted Resolution No. 5324 -01 recommending approval of a city- initiated change to the
General Plan Land Use Element text to require the preparation of a specific plan prior to
development of the Woodland Drive Planning Area, and Resolution No. 5325 -01 recommending
approval of a city - initiated amendment to the General Plan to change the land use designation of
property located at 950 High Street from Services and Manufacturing to Public; and
WHEREAS, the City Council conducted a public hearing on December 11, 2001 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the project evaluation and recommendations of staff; and
WHEREAS, the City Council has considered the initial environmental study and negative
declarations prepared by the Community Development Director for the proposed amendments and
reviewed by the Planning Commission, and
WHEREAS, the City Council has reviewed existing General Plan policies and considered
the implications of requiring submittal of either a development plan or specific plan prior to
development of the Woodland Drive Planning Area;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The City Council hereby affirms the
Community Development Director's negative declarations of environmental impact for the
proposed General Plan amendments (ER 14 -00 and ER 111 -01).
SECTION 2. Findings. That this Council, after consideration of the proposed amendment,
the Planning Commissions recommendations, staff recommendations, public testimony, and reports
thereof, makes the following findings:
A. GP 14 -000, 950 High Street:
1. The proposed amendment is consistent with the General Plan.
2. The proposed amendment GP 14 -00 will clarify development requirements within the
Railroad Historic District and will implement the Railroad District Plan
3. The proposed amendment GP 14 -00 will encourage public- and tourist - serving uses
by allowing cultural facilities not currently allowed under the Services and
Manufacturing designation and C -S -S -H zone.
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Resolution No. 9273 (2001 Series)
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4. The proposed amendments are consistent with the intent of the General Plan to
provide adequate parking and provide support services for the railroad passengers and
related businesses in the Railroad Area, and will allow the Planning Commission to
address special land use or compatibility issues through use permit review prior to
establishing a museum or other conditionally allowed use.
B. GP 111 -01, Woodland Drive Planning Area:
1. The proposed amendment will remove an inconsistency between the Land Use
Element text and map, clarify the development review process and preserve the
option of preparing either specific plan or a development plan for the Woodland
Drive Planning area.
2. Hillside Policies in Section 6.2.6.B. of the General Plan Land Use Element set
standards for information required as part of any application submitted for
development of the Woodland Drive area. Consequently, either a specific plan or
development plan may be a suitable planning document for consideration of future
development proposals.
SECTION 3. General Plan Amendments:
A. General Plan Amendment GP 14 -00. The Council hereby amends the General Plan Land
Use Element Map for property located at 950 High Street, as shown in Exhibit A.
B. General Plan Amendment GP 111 -01. The General Plan Land Use Map shall be amended to
delete the specific plan requirement boundary for the Woodland Drive Planning area, as
shown in Exhibit B.
On motion of Council Member Mulholland, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle.
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 11th day of December 2001.
or Allen Settle
ATTEST:
6V-,1LZe Price, Cif Cderk
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Resolution No. 9273 (2001 Series)
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APPROVED AS TO FORM:
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Resolution NO. 9173
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RESOLUTION NO. 9272 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT
TO THE HIGUERA- CONEUERCE PARK SPECIFIC PLAN TO ALLOW
HEALTH CLUBS IN THE SPECIAL INDUSTRIAL DISTRICT
APPLICATION NO. SPA/ER 60 -01
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on September 26, 2001, for the purpose of formulating and forwarding
recommendations to the City Council regarding Application No. SPA 60 -01, a request to amend
the Higuera - Commerce Park Specific Plan to allow health clubs in the Special Industrial District;
and
WHEREAS, the City Council conducted a public hearing on, December 11, 2001, and
has considered testimony of the applicant, interested parties, the evaluation and recommendation
of staff and the records of the Planning Commission hearing and action; and
WHEREAS, the City Council finds that the project is consistent with the City of San
Luis Obispo General Plan; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration of
Environmental Impact as prepared by staff and revised at the direction of the Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
The proposed specific plan amendment is consistent with the General Plan because
the project will serve area workers by providing a convenient recreational facility that
may also serve to promote alternative transportation goals by encouraging biking to
work.
2. The proposed specific plan amendment and development project will not harm the
general health, safety or welfare of people working or living in the vicinity of the
project site because health clubs are a land use that is suited to the lot size and lot
configuration, in proximity to arterial streets, that are typical of the Special Industrial
District of the Specific Plan Area.
3. The proposed health club is compatible with adjacent. land uses and land uses in the
area because it will be easily accessible from arterial City streets and will provide
facilities such as showers, locker rooms and long -term bicycle parking to meet the
needs of their customers, many of whom will live or work in the vicinity.
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Resolution No. 9272 (2001 Series)
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4. The Initial Study of Environmental Impact and the Mitigated Negative Declaration
adequately evaluate and address all of the potential impacts of the proposed project.
The proposed mitigation measures will reduce potential impacts to less than
significant levels.
SECTION 2. Environmental Review. The City Council does hereby adopt a Mitigated
Negative Declaration for the project, with the following mitigation measures and monitoring
programs.
1. Mitigation
A trip reduction plan and implementation program is required.. Such plans and programs may be
submitted by individual employers or coordinated into a cooperative transportation management
program by several or all property owners in the subdivision. Plans shall include; 1) designation
of a coordinator to administer the program; 2) carpool and public transit information; 3)
incentives for employees to use alternative transportation, such as secured bike storage, showers
and dressing rooms, employer -paid subsidies to employees using public transit, and other
measures to the approval of the Community Development Director.
• Monitoring Program:
This mitigation measure will be monitored by Community Development Department and Public
Works staff through the building permit plan check process. Prior to the issuance of construction
permits for the project, a trip reduction plan shall be submitted to the Community Development
Department. The plan will be evaluated by the Community Development Director and the City
Transit Manager to insure substantial compliance with the approved mitigation measure. On-
going monitoring of employee use of public transit and other alternative transportation modes
will be provided by the City Transit Manager through a subsidy program that will insure a
reasonable level of transit use among project employees, and through documentation to be
provided by the trip reduction plan coordinator.
2. Mitigation
Energy efficient interior and exterior lighting, including the use of natural day light in interior
spaces, is required to reduce air quality impacts at the source.
• Monitoring Program:
This mitigation measure will be monitored through the Architectural Review process and
through the building permit plan check process. In general, sodium fixtures for exterior lighting
are considered to be the most energy efficient. Interior lighting should include fluorescent
lighting in large, open areas. Other means of energy conservation, such as through the use of
natural day light, are encouraged and will be evaluated for compliance with this mitigation
measure.
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Resolution No. 9272 (2001 Series)
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3. Mitigation
Shade trees shall be planted along southern building exposures to reduce summer cooling needs
and in parking lots to reduce evaporative emissions from parked vehicles
• Monitoring Program:
Compliance with this mitigation measure will be monitored through the Architectural Review
process and through the review and approval of the landscape plan for the project. Plans
submitted with the building permit application must include landscape and irrigation plans in
substantial conformance with the landscape plan approved by the ARC.
4. Mitigation
A site and task specific Health and Safety Plan shall be prepared and submitted to the Fire
Marshall for review and approval prior to any excavation or construction on the project site. The
plan shall be in substantial conformance with the general Health and Safety Plan prepared by
England and Associates, 1997.
• Monitoring Program:
This mitigation measure will be monitored by the City Fire Marshall and Community
Development Department Staff as part of the building permit plan check process. Approval of
the Health and Safety Plan is required prior to permit issuance for any work on the project site.
5. Mitigation
All contractors, subcontractors and utility workers shall have knowledge of and access to the
Health and Safety Plan before commencement of their work at the project site. The plan is to
serve as a notice of the contamination to all contractors working on the project.
e Monitoring Program:
This mitigation measure will be monitored by the City inspectors from the Fire Department and
the Building Division of the Community Development Department. The Notice provided as part
of the England report will be required to be re- printed on the title page of the working drawings
approved for construction on the project site.
6. Mitijzation
The final project shall be designed to include several convenient locations for the collection of
recyclable materials within the project for health club users and adequate room within the
garbage enclosures to accommodate a recycling service from the local garbage company.
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Resolution No. 9272 (2001 Series)
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• Monitoring Program:
This mitigation measure will be monitored through the building permit blue card inspection
process. Prior to issuance of occupancy of structures on the project site, Community
Development Department staff will inspect the overall project for compliance with project
conditions of approval and mitigation measures. At the time of the blue card inspection, the
garbage enclosure with recycling facilities and the collection bins throughout the project must be
in place or occupancy will not be granted.
SECTION 3. Action. 'The City Council does hereby approve Application No. SPA 60-
01, a request to amend the Higuera- Commerce Park Specific Plan to allow health clubs in the
Special Industrial District, as shown in the attached Exhibit A.
On motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Schwartz, Vice.Mayor Marx and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 11`h day of December 2001.
Aayor Allen Settle
ATTEST:
t% Lee Price, CiYy Clerk
APPROVED AS TO FORM:
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The Service- Commercial District
Resolution No. 9272 (2001 Serii
U Exhibit A
Page 1 of 1
The service- commercial district provides for most uses allowed or
conditionally allowed by the C -S (service- commercial) zone. Most of these uses
will be conducted within a building with related storage yards adequately
landscaped and screened from prominent street views.
Uses in this sub -area shall be allowed or conditionally allowed, as provided in
the Zoning Regulations, C -S zone; exception: those uses listed previously in this
specific. plan as prohibited uses shall not be allowed.
Special Industrial District
The southern 30 acres of the specific plan area are designated "special
industrial." This sub -area is intended to accommodate primarily clean, light
industries -- such as research and development, laboratories, precision
manufacturing -- which require substantial space as well as City services, and
which will draw most of their employees from the local labor market.
Allowed Uses:
• advertising, public relations
• agricultural uses including cultivation of field, vine or tree crops, pasture
or grazing, and other outdoor agricultural activities
• broadcast studios
• computer services
• credit reporting and collection
• delivery, mailing, and postal services
• detective and security services
• electronic, optical, pharmaceutical and other precision products, parts,
instruments or equipment, or similar manufacturing
• laboratories, and other technical facilities for research, testing and
processing, medical, and analytical
• offices (architects, engineers, industrial design)
• printing and publishing firms, accessory offices, machine shops,
cafeterias, recreation rooms and similar incidental uses or support
facilities serving the employees of allowed uses
• public utility, construction engineering, soils testing and similar de:
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RESOLUTION NO. 9271 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO
ADOPTING A ROUTE PLAN FOR THE RAILROAD SAFETY TRAIL WITH
ENVIRONMENTAL FINDINGS AND MITIGATION MEASURES
WHEREAS, the City of San Luis Obispo desires to create a comprehensive network of
multi -use paths, consistent with its adopted Bicycle Transportation Plan (October 1993) and
General Plan Circulation Element (November 1994); and
WHEREAS, the Bicycle Transportation Plan identifies Class I bike paths being
developed along the Union Pacific Railroad; and
WHEREAS, in October 1999 the City Council authorized staff to distribute Request for
Proposals (RFPs) to solicit the services of qualified consultants to prepare a route plan for
segments of the Railroad Safety Trail; and
WHEREAS, in response to the City'sRFPs and after a competitive selection process, the
City hired the RRM Design Group to prepare the desired route plan; and
WHEREAS, in 2000 RRM Design Group published the draft route plan and this plan
have been reviewed and approved by the City's Parks and Recreation Commission, Bicycle
Advisory Committee, and Architectural Review Commission (ARC); and
WHEREAS, at its November 5, 2001 meeting, the ARC found that Initial Environmental
Studies and Mitigated Negative Declarations published by the Director Of Community
Development for this project have been completed in compliance with the California
Environmental Quality Act and CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1: The Route Plan and project description for the Railroad Safety Trail, as
presented in the Project Descriptions Draft for the Railroad Safety Trail and Bob Jones City to
Sea Trail Binder, (on file in the Office of the City Clerk) and incorporated herein by reference, is
hereby adopted, except as noted in Section 2 below.
SECTION 2: Concerning the content of the Project Descriptions for the Railroad Safety
Trail and Bob Jones City to Sea Trail and the text shall be amended to:
A. Identify the preferred alignment for the Railroad Safety Trail between the AMTRAK
passenger depot and Marsh Street as along the west side of the railroad tracks; and from
Marsh Street to Foothill Boulevard the preferred alignment as along the east side of the
tracks.
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Resolution No. 9271 (2001 Series)
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B. Include the following design guidance, as suggested by the ARC, for the Railroad Safety
Trail:
1. Where bridges will have the Santa Lucia Foothills as a landscape backdrop (e.g. at
Johnson Avenue or Monterey Street), use a gently arched top cord on the bridge
structure.
2. Consider painting the bridges black or using a parent material that is black where it
will better complement existing historic railroad bridges (e.g. at Monterey Street or
across SLO Creek).
3. Consider a taller fence with landscape vines separating the bike path from the railroad
along California Avenue. Additional landscaping would enhance this area's currently
stark appearance. Use non -floral landscaping along the railroad.
4. Consider developing a facility along California Boulevard between Foothill Boulevard
and Hathaway Street that provides separated and parallel paths for pedestrians and
bicyclists.
SECTION 3: The project's Mitigated Negative Declaration (ER 98 -01) adequately addresses
potential significant environmental impacts of the proposed project, includes mitigation
measures that will avoid or reduce to insignificant levels impacts associated with the project, and
is hereby adopted.
Upon Motion of Council Member Ewan, seconded by Council Member Mulholland, and
on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Vice Mayor Marx and Mayor Settle
NOES: Council Member Schwartz
ABSENT: None
The foregoing resolution was adopted this 11`" day of December 2001.
Lee Price, City Clerk
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Mayor Ilen Settle
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Resolution No. 9271 (2001 Series)
Page 3
APPROVED TO FORM:
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RESOLUTION NO. 9270 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE FILING OF THE 2001 -02 FEDERAL CAPITAL AND
OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL TRANSIT
ADMINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to award
Federal financial assistance fora transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the City of
San Luis Obispo and may require the City of San Luis Obispo to provide the local share of
project costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City of San Luis Obispo is the designated recipient as defined by 49
U.S.C. 5307 (a)(2).
SECTION 2. The Public Works Director is authorized to execute and file an application for
Federal assistance on behalf of the City of San Luis Obispo with the Federal Transit
Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States
Code and other Federal statutes authorizing a project administered by the Federal Transit
Administration.
SECTION 3. The Public Works Director is authorized to execute and file with the
application the annual certifications, assurances, and other documents the Federal Transit
Administration requires before awarding a Federal assistance grant.
SECTION 4. The Public Works Director is authorized to execute grant agreements with the
Federal Transit Administration on behalf of the City of San Luis Obispo.
Upon motion of Mayor Settle, seconded by Vice Mayor Mulholland, and on the following
roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 11 `h day of December 2001.
Resolution No. 9270 (2001 Series)
Page 2
ATTEST:
City Clerk 4price
APPROVED AS TO FORM:
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(/Mayor Allen Settle
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RESOLUTION NO. 9269 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXPENDITURE OF 2001 LOCAL LAW ENFORCEMENT GRANT
FUNDS AND APPROVING A 1/9a' MATCH FROM THE GENERAL FUND
WHEREAS, the Federal Omnibus Appropriations Act, Public Law 104 -208, provides
funds for implementation of the Local Law Enforcement Block Grants Program to be administered
by the Bureau of Justice Assistance (BJA), U.S. Department of Justice; and
WHEREAS, based on population, the City of San Luis Obispo is eligible to apply for the
amount of $44,312 from the Local Law Enforcement Block Grants Program; and
WHEREAS, as part of the application process, an advisory board was established to review
the application for funding, and has made non - binding recommendations for the use of funds by the
City of San Luis Obispo; and
WHEREAS, a public hearing was held on December 4, 2001, to receive public input on the
recommendations of the advisory board;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo approves the expenditure of $44,312 of Local Law Enforcement Block Grant funds for the
system development and implementation of aMobile Digital Computer program, approves the
appropriation of 1 /9`i' matching funds ($4,924) from the General Fund, and authorize the City
Administrative Officer to make all grant applications and execute all grant related documents.
Upon motion of Council Member Mulholland, seconded by Mayor Settle, and on the
following roll call vote:
AYES: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 11'" day of December 2001.
ZI
a r Allen Settle
A'
Clerk Lee
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Resolution No. 9269 (2001 Series)
Page 2
APPROVED AS TO FORM:
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RESOLUTION NO. 9268 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPOINTING MEMBERS TO LOCAL LAW
ENFORCEMENT BLOCK GRANTS PROGRAM ADVISORY BOARD
WHEREAS, the Federal Omnibus Appropriations Act, Public Law 104 -208, provides
funds for implementation of the Local Law Enforcement Block Grants Program to be administered
by the Bureau of Justice Assistance (BJA), U.S. Department of Justice; and
WHEREAS, the Local Law Enforcement Block Grants Program is to provide units of local
government with funds to underwrite projects to reduce crime and improve public safety; and
WHEREAS, as part of the application process, a 1996 resolution number 8604 appointed
an advisory board to review the application for funding, and make non- binding recommendations
for the use of funds by the City of San Luis Obispo; and
WHEREAS, that 1996 resolution number 8604 is hereby rescinded and replaced by this
resolution; and
WHEREAS, the advisory board must include representatives from at least: the local law
enforcement agency, the local prosecutor's office, the local court system, the local public school
system, and a local nonprofit group active in crime prevention or drug use prevention or treatment;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby appoints the following representatives to the Local Law Enforcement Block Grants
Program Advisory Board for the City of San Luis Obispo:
Local Law Enforcement Agency — Captain Dan Blanke
Local Prosecutor's Office — District Attorney Gerald Shea
Local Court System — Juvenile Justice. Commissioner Jim Brabeck
Local School System — Superintendent Steven Ladd
Local Nonprofit Group — Frank Warren, Friday Night Live
Upon motion of Council Member Mulholland, seconded by Mayor Settle, and on the
following roll call vote:
AYES: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 11th day of December 2001.
Resolution No. 9268 (2001 Series)
Page 2
ATTEST:
r, J City Jerk ' e Price
APPROVED AS TO FORM:
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RESOLUTION NO. 9267 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING THE 1977 MACK BAKER AERIAL SCOPE AS SURPLUS
PROPERTY
WHEREAS, the Fire Department's 1977 Mack Fire Truck has become a surplus
vehicle and,
WHEREAS, staff has learned through Amigos/USA (a non -profit organization) that
La Paz, Mexico is in need of aFire Truck and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. The City Council hereby declares the 1977 Mack Baker Aerial Scope
is surplus property.
SECTION 2. The 1977 Mack Baker Aerial Scope will be donated to La Paz,
Mexico.
On motion of Vice Mayor Marx, seconded by Council Member Mulholland
And on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this
I lm day of December 2001.
Mayor len Settle
APPROVED AS TO FORM:
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RESOLUTION NO. 9266 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A LOAN WITH THE STATE OF CALIFORNIA TO ASSIST IN
FINANCING THE MARSH STREET GARAGE EXPANSION AND
AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE LOAN
DOCUMENTS
WHEREAS, the State of California Infrastructure and Economic Development
Bank ( "Infrastructure Bank ") administers a financing program to assist local governments
with the financing of Public Development Facilities as described in Section 63000 et seq. of
the California Government Code; and
WHEREAS, the City of San Luis Obispo ( "City") submitted an application ( "Loan
Application') in August 2001 to the Infrastructure Bank for the financing of the Match
Street Parking Garage Expansion ( "Project"); and
WHEREAS, the Loan Application in the amount of $7,765,900 was approved on
September 24, 2001 in Resolution No. 01 -39 by the Infrastructure Bank.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Director of Finance is authorized and directed to execute and
deliver the Enterprise Fund Installment Sale Agreement (the "Agreement ") proposed to be
entered into by the City and the Infrastructure Bank dated as of September.24, 2001, for and
on behalf of the City.
SECTION 2. The Director of Finance is hereby authorized and directed, in the
name and on behalf of the City, to take any and all steps and to execute and deliver any and
all certificates, contracts and other documents deemed necessary or appropriate in order to
consummate the delivery of the Agreement and otherwise to effectuate the purposes of this
resolution, including the execution of a tax certificate, and such actions previously taken by
the City are hereby ratified and confirmed.
Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and
on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 11h day of December 2001.
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Resolution No. 9266 (2001 Series)
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Mayor Allen K. Settle
ATTEST:
Lee Price; City
APPROVED AS TO FORM:
:I;en, ity Attorney
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RESOLUTION NO. 9265 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST BY SOJOURN SERVICES, INC. FOR $25,000 FROM THE
AFFORDABLE HOUSING FUND TO BUILD A ONE - BEDROOM APARTMENT
AT 542 HATHWAY STREET.
WHEREAS, the City Council adopted Ordinance 1348 (1999 Series) establishing
an Affordable Housing Fund for the collection and distribution of in -lieu housing fees to
promote affordable housing in San Luis Obispo; and
WHEREAS, as a result of the in -lieu fee payments to the City under the
Inclusionary Housing Ordinance, the City has a balance of approximately $400,000 in the
Affordable Housing Fund, and this fund is available to support affordable housing in San
Luis Obispo at the sole discretion of the City Council; and
WHEREAS, the City received a request from Sojourn Services, Inc. for a
contribution of $25,000 from the Affordable Housing Fund; and
WHEREAS, at its December 4, 2001 meeting, the City Council approved criteria
for evaluating requests for contributions from the Affordable Housing Fund to balance the
need to provide a fair, open and timely funding award process with the desire to maintain
funding flexibility to address local housing needs and opportunities; and
WHEREAS, Council has determined that the proposed project is in its early
planning stages and as such, does not satisfy the evaluation criteria in terms of urgency or
readiness for funding.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that based on its deliberations, public comments, the staff report, and on State law,
the following:
SECTION 1. Affordable Housing Funding Denied. The City Council hereby
denies the request for $25,000 (Twenty Five Thousand Dollars) in Affordable Housing
Funds to Sojourn Services, Inc. for the development of one 1- bedroom apartments at 542
Hathway Street in the City of San Luis Obispo, based on the following findings:
• The project is not ready for funding since a project design has not been prepared and
the project has not received City planning approvals.
• The project does not appear to be a cost effective use of the Affordable Housing
Fund, relative to the number of affordable housing units produced and/or housing
funds "leveraged."
The project does not appear to be urgent in terms of development timing, since
project construction appear to be at least 12 to 18 months into the future to allow
adequate time for project planning and permit approvals.
R 9265
Resolution No. 9265 (20U Series)
Page 2
Upon motion of Council Member Mulholland, seconded by Mayor Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4th day of December 2001.
Lee Price; City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9264 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AWARDING $215,000 FROM THE AFFORDABLE HOUSING FUND TO JUDSON
TERRACE LODGE CORPORATION FOR DEVELOPMENT OF 32
APARTMENTS FOR LOW -INCOME ELDERLY PERSONS, LOCATED AT 3000
AUGUSTA STREET.
WHEREAS, the City Council adopted Ordinance 1348 (1999 Series) establishing
an Affordable Housing Fund for the collection and distribution of in -lieu housing fees to
promote affordable housing in San Luis Obispo; and
WHEREAS, as a result of the in -lieu fee payments to the City under the
Inclusionary Housing Ordinance, the City has a balance of approximately $400,000 in the
Affordable Housing Fund, and this fund is available to support affordable housing in San
Luis Obispo at the sole discretion of the City Council; and
WHEREAS, the City received requests by Judson Terrace Lodge Corporation for a
contribution of $215,000 from the Affordable Housing Fund; and
WHEREAS, at its December 4, 2001 meeting, the City Council approved criteria
for evaluating requests for contributions from the Affordable Housing Fund to balance the
need to provide a fair, open and timely funding award process with the desire to maintain
funding flexibility to address local housing needs and opportunities; and
WHEREAS, Council has determined that the proposed funding request meets or
exceeds said evaluation criteria.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that based on its deliberations, public comments, the staff report, and on State law,
the following:
SECTION 1. Affordable Housing Fund Award. The City Council hereby
awards $215,000 (Two Hundred and Fifteen Thousand Dollars) in Affordable Housing
Funds to Judson Terrace Lodge Corporation for the development of 32 apartments for very-
low and low- income frail elderly persons in the City of San Luis Obispo.
SECTION 2. Funding Agreement Prior to releasing funds, the Community
Development Director shall prepare a funding agreement for approval by Judson Terrace
Lodge Corporation and the City Administrative. Officer establishing the terms of the City's
contribution, including project description, guarantee of 30 -year affordability, and other
provisions typically required as part of City grant agreements for affordable housing.
SECTION 3. Award Payment The Finance Director shall issue payment of
$215,000 from the Affordable Housing Fund to Judson Terrace Lodge Corporation upon
issuance of construction permits for a 32 -unit senior housing project located at 3000
Augusta Street in the City of San Luis Obispo.
.MI
Resolution No. 9264 (2( I Series)
Page 2
Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and
on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4th day of December 2001.
Mayor Allen Settle
ATTEST:'
Lee. Price; City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9263 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING AWARD CRITERIA AND A REVIEW PROCESS FOR
ALLOCATING AFFORDABLE HOUSING FUNDS.
WHEREAS, the City Council adopted Ordinance 1348 (1999 Series) establishing
an Affordable Housing Fund for the collection and distribution of in -lieu housing fees to
promote affordable housing in San Luis Obispo; and
WHEREAS, as a result of the in -lieu fee payments to the City under the
Inclusionary Housing Ordinance, the City has a balance of approximately $400,000 in the
Affordable Housing Fund, and this fund is available to support affordable housing in San
Luis Obispo at the sole discretion of the City Council; and
WHEREAS, the City received requests by Judson Terrace Lodge and Sojourn
Services, Inc. for the use of $215,000 and $25,000, respectively, of Affordable Housing
Funds; and to evaluate these and future funding requests in a fair and timely manner,
Council wishes to establish award criteria and a review process for the Affordable Housing
Fund; and
WHEREAS, the City Council held a meeting on December 4, 2001 to consider
possible award criteria that balance the need to provide a fair, open and timely funding
award process with the desire to maintain funding flexibility to address local housing needs
and opportunities;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that based on its deliberations, public comments, the staff report, and on State law,
the following:
SECTION 1. Affordable Housing Fund Award Criteria. The City Council
establishes the following criteria for evaluating requests for use of the Affordable Housing
Fund:
1. Eligibility. Use of the Affordable Housing Fund (AHF) for the requested
purpose will increase or improve the City's affordable housing inventory and
promote General Plan policies regarding housing.
2. Need. There exists a substantial or overarching need for the type of housing to be
assisted.
3. Suitability. The project to be assisted is appropriate for its location, both in
terms of land use and design.
4. Timing. The project would be better serve the City's needs if it were built
immediately as opposed to later.
R 9263
�I O
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Resolution No. 9263 (2001 Series)
Page 2
5. Financial Effectiveness. But for the requested assistance, the project would not
be economically feasible; or AHF funding "leverages" significant additional funding
from other sources.
6. Readiness. The project has all necessary City approvals and is ready to proceed.
SECTION 2. Use of Award Criteria. The Council will apply the above criteria
when evaluating funding requests. Requests that most closely meet the criteria will be given
the most favorable consideration in allocating Affordable Housing Funds. Under no
circumstances is Council obligated to award Affordable Housing Funds. The decision
whether to allocate funds and how much is at the sole discretion of the City Council whose
decision is final.
SECTION 3. Review Process. The Community Development Director shall be
responsible for processing requests for use of Affordable Housing Funds. Such requests
shall usually be considered concurrent with review of the City's Community Development
Block Grant Program. The Director is authorized to bring urgent funding requests to the
Council at any time, irrespective of the above review cycle.
SECTION 4. Funding Agreements. Recipients of Affordable Housing Funds
shall be required to execute an agreement with the City describing the purpose and terms of
funding. The project or program to be funded shall meet the City's Affordable Housing
Standards, including the requirement for an affordability term of at least thirty (30) years,
and City equity participation in the project where feasible and appropriate. The City
Administrative Officer is authorized to execute such agreements for the City.
Upon motion of Council Member Schwartz; seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland,,Schwartz, Vice Mayor Marx,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4h day of December 2001
ATTE T:
r
Lee Price, City Clerk.
1.
Resolution No. 9263 (2001 Series)
Page 3
APPROVED AS TO FORM:
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RESOLUTION NO. 9262 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE SOUTH TASSAJARA STREET AREA OF THE CITY AS A
RESIDENTIAL PARKING PERMIT AREA AND ESTABLISHING DAYS AND
HOURS OF SAID AREA AND TIME OF RENEWAL FOR PARKING PERMIT
AND RESCINDING RESOLUTION NO. 8360 (1994 SERIES) IN CONFLICT_ .
WHEREAS, the Council of the City of San Luis Obispo has received a petition
from a majority of the residents living in the South Tassajara Street area as shown on
Exhibit A; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
quality of life for the residents of this area has been adversely affected by non - residents
using the neighborhood streets for excess-parking; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
restriction of non - resident parked vehicles on the neighborhood streets will improve
pedestrian and vehicular safety and allow residents to gain proper access to their residences;
and
WHEREAS, the Council of the City of San Luis Obispo has held a public hearing
to consider the establishment of a residential parking permit district and has determined the
parking permit district will improve the qualify of life for the district residents.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo
Municipal Code the residential parking permit area is hereby established as shown and listed
on Exhibit A.
SECTION 2. No vehicle other than vehicles providing services to the area or
having a residential parking permit clearly displayed on the dashboard on the driver's side of
the vehicle may park on any street within the hashed area of the district boundaries 24 hours
a day, seven days a week and all other streets within the district boundaries from 10pm to
6am, seven days a week.
SECTION 3. The Public Works Department shall be directed to post the area with
signs that clearly indicate these restrictions.
SECTION 4. The Parking Division shall issue residential parking permits on
demand as permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued
for a year effective September 15.
R 9262
ID
Resolution No. 9262 (2001 Series)
Page 2
Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4t' day of December 2001.
Lee Price, City Clerk
APPROVED AS TO FORM:
!�/ _ ' / •
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Mayor Allen Settle
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�iXHIBIT AR 9262
i
Enforcement IOpm to 6am
Cross Hatch = Existing S. Tassajara
402 Luneta
11 S Tassajara
9 Verde
Residential Parking District
410 Luneta
18 S Tassajara
10 Verde
424 Luneta
.
13 Verde
425 Luneta
22 S Tassajara
16 Verde
Enforcement 24 Hours/Day
441 Luneta
23 S Tassajara
24 Verde
25 Verde
413 Luneta Drive
446 Luneta
27 S Tassajara
�5•
101 South Tassajara Drive
467 Luneta
f
33 Verde
113 South Tassajara Drive
468 Luneta
31 S Tassajara
32 S Tassajara
��pp
114 South Tassajara Drive
Saud = Proposed Extension Area
Enforcement IOpm to 6am
Cross Hatch = Existing S. Tassajara
402 Luneta
11 S Tassajara
9 Verde
Residential Parking District
410 Luneta
18 S Tassajara
10 Verde
424 Luneta
19 S Tassajara
13 Verde
425 Luneta
22 S Tassajara
16 Verde
Enforcement 24 Hours/Day
441 Luneta
23 S Tassajara
24 Verde
25 Verde
413 Luneta Drive
446 Luneta
27 S Tassajara
30 Verde
101 South Tassajara Drive
467 Luneta
28 S Tassajara
33 Verde
113 South Tassajara Drive
468 Luneta
31 S Tassajara
32 S Tassajara
41 Verde
114 South Tassajara Drive
482 Luneta
483 Luneta
37 S Tassajara
42 Verde
125 South Tassajara Drive
38 S Tassara
54 Verde
126 South Tassajara Drive
46 S Tassajara
57 Verde
130 South Tassajara Drive
47 S Tassajara
65 Verde
55 S Tassajara
68 Verde
56 S Tassajara
76 Verde
59 S Tassajara
77 Verde
62 S Tassajara
80 Verde
65 S Tassajara
81 Verde
65 -1/2 S Tassajara
91 Verde
70 S Tassajara
83 S Tassajara
97 S Tassajara
n
" Resolution No. 9262 (2001 Series)
Exhibit A
Page 1 of 10
San Luis Obispo,
February 24, 2001
Mr. Keith Opalewsld,
Parking Manager,
City of San Luis Obispo,
1260 Chorro Street,
San Luis Obispo,CA 93401
Re: Proposed Parking District
Dear Mr. Opalewsld,
This is to inform you that each residence in the 320 -499 blocks of Luneta Dr_,
all of Verde_Dr and the 30-100 block of South Tassajara SLhas been contacted
and given the opportunity to oppose or endorse the petition which was presented to them.
Sincerely,
Willem L van Wyn bog,
en,
425 Luneta Drive,
San Luis Obispo, CA 93407
Res Tel : (805) 543 -9191
Office Teir.(805) 756-2450
e -mail wvanwyng@calpoly.edu
Resolution No. 9262 (2001 Series)
Exhibit A
Page 2 of 10
g20 2001
Petition for Parking Restrictions.
We, the undersigned residents, living on the 320 -499 blocks of Luneta Drive ( between Rafael and
Verde ), all of Verde Dr., and the 30-100 block of South Tassaiara St . ,wish to expand an already
existing parking restricted area in the 100 block of South Tassajara St., with modified parking
restrictions.
These streets are heavily congested with the coming and going of large number of vehicles heading
towards large gatherings especially between the hours of 11 pm - 2 am on most every weekend.
This creates very serious noise disturbances, with resultant sleep deprivation, littering problems, and
in general interfering with normal family routine.
We have initiated this petition in the hope of returning us to a state of normalcy and to preserve the
quality of life in this area
We propose, therefore, that parking permits be required from 10 pm - 6am, seven days a week.
25 LUNETA
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Resolution No. 9262 (2001 SeQ§;- 534 -0015
Page 3 of 10
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CITY OF SAN LUIS OBISPO
GEODATA SERVICES
955 MORRO STREET
SAN LUIS OBISPO, CA 93401
(805) 781 -7167 12/08/00 09:19
Resolution" No. 9262 (20 °R M 2001
Exhibit A
Page 4 of 10
By signing this petition, I acknowledge that I have read and understand the "Residential
Parking Permit District Guidelines" and the "City Ordinance regarding Residential Parking
Districts Established Within the City of San Luis Obispo ".
PETITION RESPONSE:
13 a,7
Print Name
Signature
PETITION RESPONSE: &12port —
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Print Name_
Signature
PETITION RESPONSE: SuTmort —
iN ]'TP E Q-; s
Print Name
Lk
Signature
PETITION RESPONSE:
A 0a aM---
Print Name /
Signature
4,; s LoA1E7-4 OA
Print Address
esident O // Resident Tenant
us (circle one)
s -4 3 -9 /g /
Phone Number
Current Date
ES I Oppose - NO (circle one)
---------/-/--/--------/-------------------------------- --- [- �---------- - - - - --
Print Address Phone Number
iesident Owner // Resident Tenant
'----Status (circle one) Current Date
-)E Oppose — NO (circle one)
------------------------------------------------------------------ - - - - --
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Print Address
Resident Owner // sident Tenan
1 Status (circle one
Oppose —NO (circle one)
Print Address
Resident Owner / esident Ten
Status (ci one
Oppose — NO (circle one)
Print Address
esident Owne // Resident Tenant
Status (circle one)
PETITION RESPONSE: Su ort —YES Oppose - NO (circle one)
543 -ot-3
Phone Number
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Current Date
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Phone Number
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Current Date
.TA-i - 18 ta.
Phone Number
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Current Date
Resolutiurii No. 9262 (2001 Series)
Exhibit A
Page 5 of 10
By signing this petition, I acknowledge that I have read and understand the "Residential
Parking Permit District Guidelines" and the "City Ordinance regarding Residential Parking
Districts Established Within the City of San Luis Obisp911.
3rou,49A
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Print Name
'Pall
c, ignature
7I -S. Tassa ;o r=- Dr, 13 L-JI
Print Addr6ss j 340S
Resident Owner // ident Te t
Status (circle ofrey~
PETITION RESPONSE: S ort — Oppose —NO (circle one)
JsV„ C-5 C4
Print Name
mop
PETITION RESPONSEi'.' Support -
S/P(
Print Name //J\
Signature
PETITION RESPONSEf Suvv_ort —
Print Name
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Signature
PETITION RESPONSE:
at] � ac va.
Print Name
5 5 .i4sSs �q(`Cti
Print Address
Resident Owner / Resident Tenan
Status (circle one)
Oppose —NO (circle one)
0 � � vr�ef
Print Address
Resident Owner // esident Tenant
Status (circ a one
(circle one)
Print Address
Resident Owner // esident Tenan
Status (circle one)
O_pyose — NO (circle one)
Print Address
Resident Owner Resident Tenant
t >scle one)
PETITION RESPON :Support — YE Oppose — NO (circle one)
594-, -D Lto -7
Phone Number
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Current 6ate
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Phone Number
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Current Date
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Phone Number
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Current Date
11�ea- (�y )7�7
Phone Number
1— 117-01
Current Date
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Phone Number
111S-161
C ent bate
Resoluti�d No. 9262 (2001 Series)
Exhibit A
Page 6 of 10
By signing this petition, I acknowledge that I have read and understand the "Residential
Parking Permit District Guidelines" and the "City Ordinance regarding Residential Parking
Districts Established Within the City of San Luis Obispo ".
1 NaM� Nof�Wo�D
Print Name
/ A `
Signature
PETITION RESPONSE:
40 LVje-,g be--IY�- ),q! q -K
Print Address Phone Number
dent Owne / Resident Tenant cl -� - 0 (
s (circle one) Current Date
�70 pose - NO (circle one)
---------------------------------------------------------------- - - - - --
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/Print Name Print Address Phone Number
Signature
Resident Owne / Resident Tenant
a s circle one)
PETITION RESPONSE: Sqpvort , Oppose - NO (circle one)
Print Name
Signature
PETITION RESPONSE:
9F E
Print Name
Q
Signature
PETITION RESPONSE: Support -
3Z 5 . T2 5543-?'+/-/9
Print Address
Resident Resident Te ant
Status
-NO (circle one)
//— D
Current Date
S-Y (-�- will
Phone Number
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Current Date
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Print Address Phone Number
Resident Owner // sident Tenan - ( ?7.0
Status (circ Current Date
; Oppose -.NO (circle one)
Print Address
resident Owner // sident Te ' t
Status (circle
Oppose -NO (circle one)
Phone Number
m(
Currept Da e
Resolutiun No. 9262 (2001 Series)
Exhibit A
Page 7 of 10
By signing this petition, I acknowledge that I have read and understand the "Residential
Parking Permit District Guidelines" and the "City Ordinance regarding Residential Parking
Districts Established Within the City of San Luis Obispo ".
AAAnQ 11s'lak=
.Print Name
A/ =
Signature
to?-, 4kirk/Dow, s 6fa
Print Address Phone Number
Resident Owner / Resident Tenant I 4 ZqA?
atus ((circle one) e t Date
PETITION RESPONSE: Support --Q Oppose — NO (circle one)
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Print Name Print Address
Resident Owner /Resident Tenant
Signature a s (circle one)
PETITION RESPONSE: So port S ) Oppose — NO (circle one)
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Pri t Name
ignatur
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Phone Number
1/15101
Current Date
Sti 0&Tr2 pt:F 5q3 -ELI
Print Address Phone Number
�esid7ent.dwne / Resident Tenant
a s (circle one) Current Date
PETITION RESPONSE: S port YES Oppose — NO (circle one)
ay VefcL x - 2 3 -59�i(
Print Address Phone Number
Resident Owner Resident Tenant
tatus (circle one)
PETITION RESPONSE`: Su ort YES Oppose—NO (circle one)
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Signature
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Print Address
Resident Owner Resident Tenant
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PETITION RESPONSE: Su o — YES Oppose — NO (circle one)
-l7 -a
Current Date
5'g's -2 Io l
Phone Number
1- /7-o 1
Current Date
C Resolubu S No. 9262 (2001 Series)
Exhibit A
e of (0
By signing this petition, I acknowledge that I have read and understand the a ential
Parking Permit District Guidelines" and the "City Ordinance regarding Residential Parking
Districts Established Within the City of San Luis Obispo".
Print Name Print Address Phone Number
_— esident Own // Resident Tenant
Signature Status (circle one)
PETITION RESPONSE: Su ort YE Oppose — NO (circle one)
j-1 1 I<o C 1 r'1 By R.
Print Name
i (o v E mZ Dr-- ,p{Z
Print Address
Resident Owner /Resident Tenant
Signature a s (circle one)
PETITION RESPONSE: Su ort — S Oppose — NO (circle one)
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Print Na
1-lq-d(
Current Date
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Phone Number
Current Date
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ent Owne / Resident Tenant
Signature Status (circle one)
PETITION RESPONSE: Support InMS )Oppose — NO (circle one)
Print Name
Signature
Support S.% Oppose — NO (circle one)
Print Address
IR-es-ident Own esident Tenant
atus (circle one)
PETITION RESPONSE:
Poad a voyl g"ne - 41 Vevdc
rint Name Print Address
l- 21-01
Current Date
Phone Number
0�=enf Date
4(0- eno
Phone Number
a4IM & 'V>3YU 'gC Y" Resident Owrreri // Resident Tenant 1 2�
ignature circle one) Current Date
PETITION RESPONSE: Support ES: Oppose —NO (circle one)
Resolut�No. 9262 (2001 Series)
Exhibit A
By signing this petition, I acknowledge that I have read and understaftelieof 10
"Residential Parking Permit District Guidlines" and the "City Ordinance regarding
Residential Parking Districts Established Within the City of San Luis Obispo"
R NrI U/7 33 tl o'0 & �09 . -/ 445"3
Print Name Print Address Phone Number
esident Owne // Resident Tenant a
ignatur rcle one) Current Date
PETITION RESPONSE
S Su port —EY Oppose—NO -(-c-ir-c-le - -o--n-e - -)
-- --------— -- - - - - -- � -------
c� � -
---------------------
V— 6M �L - ,s 43
Prin ame Print Address Phone Number
Lident Owner Resident Tenant
Sign Status (circle one) Current Date
PETITION RESPONSE Support YES Oppose— NO (circle one)
------------------ - - - - -- -----------------------------------------------------
nt Mme _ Print Address Phone Number
Resident Owner // esident Tenant f 6
Signature Status (circle one) Current Date
PETITION RES NSE Support YES Oppose—NO (circle one )
----------------------- - - - - -- - -- -----------------------------------------
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tpE'`C -.(Z„ IRA SMJSS,&4 `77 VF-9bZ DR 5X+L4- 0t+- -s7
—Prft Name Print Address Phone Number
esident. Owner Resident Tenant Z/1
Signature circle one ) Curre t Date
PETITION RESPONSE Support YES Oppose—NO (circle one )
--------------------------------- - - - - -- ---------------------------------------------------------------
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Print Name Print Address Phone Number
l �+ esident Owne / Resident Tenant � ' �g L I
Siggat a Status (circle one ) Current Date
PETITION RESPONSE Support --I� % Oppose— NO (circle one)
0 Resoluit ,,,i No. 9262 (2001 Series)
Exhibit A
By signing this petition, I acknowledge that I have read and undersfiM ifief 10
"Residential Parking Permit District Guidlines" and the "City Ordinance regarding
Residential Parking Districts Established Within the City of San Luis Obispo"
p l I e
Print Name
ignature
12-
Print Address
Resident Owner// Resident en t
Status (circle one )
Phone Number
2 -/� -a/
Current Date
PETITION RESPONSE Support -- Oppose— NO (circle one)
Print Name
Signature
Print Address
Resident Owner// Resident Tenant
Status (circle one)
Phone Number
Current Date
PETITION RESPONSE Support—YES Oppose — NO (circle one )
Print Name
Signature
Print Address
Resident Owner // Reside_ nt Tenant
Status (circle one )
PETITION RESPONSE Support — YES Oppose—NO
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Signature
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RESOLUTION NO. 9261 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A LOT LINE ADJUSTMENT AND AN
ADMINISTRATIVE USE PERMIT FOR THE DEVELOPMENT
OF FIVE SINGLE - FAMILY HOMES LOCATED
AT 2290 SANTA YNEZ STREET (LLA/A 79 -01).
WHEREAS, the City Council conducted a public hearing on December 4, 2001, and has
considered testimony of the applicant, interested parties, 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; and
WHEREAS, the project site is on a hillside and is zoned for Special Considerations (S),
and those special considerations, including noise, fire protection and aesthetics impacts, have
been adequately evaluated with the proposed Administrative Use Permit and Mitigated Negative
Declaration; and
WHEREAS, the City Council finds the proposed Mitigated Negative Declaration of
Environmental Impact includes mitigation measures that will reduce all of the potentially
significant impacts of the proposed project to less than significant levels, as required by the
California Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed project
(LL.A/A 79 -01), the appellant's statement, staff recommendations and reports thereof, makes the
following findings:
1. 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.
2. The project site is affected by such topographic conditions, that it is impractical and
undesirable, in this case, to build a street in the Loomis Street right -of -way and
conform to the strict application of the Subdivision Regulations.
R 9261
Resolution No. 9261 (2001 Series)
Page 2
3. The cost to the subdivider of strict or literal compliance with the Subdivision
Regulations is not the sole reason for granting the modification because the project
will result in a better configuration of the proposed lots for access, due to topography,
and the total number of lots on the project site will be reduced from eight to five.
4. The proposed Lot Line Adjustment and Administrative Use Permit will not be
detrimental to the public health, safety and welfare, or be injurious to other properties
in the vicinity because the proposed exception will result in five lots that more closely
resemble existing, developed properties in the neighborhood and a Mitigated Negative
Declaration is proposed to reduce all potentially significant development impacts to
less than significant levels.
5. The proposed Lot Line Adjustment is in accord with the intent and purposes of the
Subdivision Regulations, and is consistent with the General Plan and with all
applicable specific plans or other plans of the City.
6. As conditioned, the proposed Administrative Use Permit is consistent with the
Hillside Development Policies of the General Plan because the project has been
evaluated for potential impacts in the areas of noise, Fire Department access and
aesthetics.
SECTION 2. Exceptions. That an exception to the Subdivision Regulations is hereby
granted, allowing Lot 3 and Lot 4 on the Preliminary Lot Line Adjustment Map (SLOAL 01 -192)
to be developed without the required 20 feet of street frontage, based on the findings listed in
Section 1.
SECTION 3. Environmental Review. The City does hereby adopt a Mitigated Negative
Declaration (ER 79 -01) for the project, with the following mitigation measures and monitoring
programs:
1. Mitigation
House designs shall be reviewed and approved by the City's Architectural Review Commission
prior to building permit issuance for each lot in the project. Silhouettes into the skyline on lot 2
shall be minimized, and shall not exceed 15% of the structure.
• Monitoring Program:
The Community Development Director will designate each new lot as a "sensitive site and staff
will incorporate this information into the land use record for each lot. Development of a
sensitive site requires Architectural Review per Municipal Code Section 2.48.170. The sensitive
site designation will be visible to all current and future City staff, and the public, researching
development requirements for the property. Plans submitted for Architectural Review of lot 2
Resolution No. 9261 (2001 Series)
Page 3
shall comply with the above requirement, to the approval of the Commission. The point of view
used to determine compliance with this mitigation measure shall be per Photograph VC -3 and
Exhibit C of the visual study.
2. Mitigation
Future development of each lot in the project shall be designed so that no more than 40% of any
building profile is visible from the southbound lanes of the 101, north of the project site. The
point of view used to determine compliance with this mitigation measure shall be per Photograph
VC -3 and Exhibit C of the visual study. Compliance with this mitigation measure shall be
achieved primarily through an architectural design that incorporates a stepped foundation system
that conforms to the hillside, as opposed to a single level foundation that projects out over the
hillside. Landscaping may be used to meet this requirement to a lesser extent, except on lot 5
where topography will require a greater extent of landscaping for screening.
o Monitoring Program:
The City will evaluate each application submitted for Architectural Review for compliance with
this requirement. Staff will make recommendations based on this evaluation to the ARC, who
has the ultimate authority for determining compliance with the standards set above.
3. Miti ag tion
All recommendations of the Soils Engineering and Engineering Geology Report (soils report),
prepared by Earth Systems Pacific, July 31, 2001, shall be implemented as part of the initial
project improvements where applicable, to the approval of the Chief Building Official.
Individual soils engineering reports shall be required at the time Planning Applications are
submitted for Architectural Review for each home proposed as part of this project.
o Monitoring Program:
Building permits are required for all proposed grading activities and construction of common
improvements on- site. These building permits will be evaluated for compliance with the
recommendations of the soils report. Individual soils reports are required prior to the
development of each home. These reports will be required as part of the application for
Architectural Review for each house and pertinent sections of the reports will be forwarded to the
ARC for consideration.
4. Mitigation
The site plans submitted for Architectural Review for development of lots on the wildland/urban
interface shall designate a minimum 30 -foot zone between the structure and wildland areas in
which plants, shrubs and trees will be drought and fire resistive. Maintenance of this area shall
Resolution No. 9261 (2001 Series)
Page 4
be govemed by a Wildland Fire, Defensible Space Plan, to be submitted by the property owner
and to be approved by the Fire Marshall. The plan shall constitute an agreement between the
property owners and the Fire Department to maintain the 30 -foot zone consistent with the plan
requirements. The plan shall include, at a minimum, the following requirements: (1) Existing
and proposed trees in this area must be limbed up (pruning the tree's lower branches); (2) All
dry, cured grass must be mowed below 6 inches; (3) There shall be no vegetation growing or
combustible storage under decking at any time; (4) No aerial canopies are permitted within 10
feet of a chimney spark arrester; (5) Ornamental vegetative fuels or cultivated ground cover,
such as green grass, ivy, succulents or similar plants are allowed to be within the designated
defensible space provided they do not form a means of transmitting fire from the native growth to
the structure.
• Monitoring Program:
Complete applications for Architectural Review for proposed homes on wildland/urban interface
will require submittal of a Wildland Fire, Defensible Space Plan. The City's Fire Marshall will
determine which homes require submittal of plans and the Fire Marshall will evaluate the plans
for compliance with the minimum standards set in the mitigation measure. Site specific
measures may be required depending on the particular situation for each lot, to the approval of
the Fire Marshall.
5. Mitigation
Plans submitted for Architectural Review of homes on the wildland/urban interface shall meet
the following criteria, to the approval of the Fire Marshall and the Architectural Review
Commission: (1) All roofing shall be fire resistive; (2) Eves, balconies, decks or stilts shall be
enclosed; (3) Limited combustible material shall be used for exterior surfaces and finishes; (4)
No aerial canopies are permitted within 10 feet of the chimney spark arrester.
o Monitoring Program:
The City's Fire Marshall will evaluate applications submitted for proposed homes at the
wildland/urban interface for compliance with this requirement. The Fire Marshall will evaluate
and accept these plans prior to any action by the Architectural Review Commission on these lots.
6. Mitigation
If new concentrated water flows are to be released down slope of lots 3, 4, or 5, the water will be
directed through appropriate easements (as shown on the Preliminary Lot Line Adjustment Map)
to the City's storm drain system in Loomis Street, which drains to San Luis Creek. Any
proposed over land flows of concentrated water must be returned to sheet flow prior to being
released down slope, by a method to be approved by the Public Works Director and the Chief
Building Official.
Resolution No. 9261 (2001 Series)
Page 5
• Monitoring Program:
Plans submitted for Architectural Review for individual lots must include drainage plans in
compliance with the requirements of the above mitigation measure, to the approval of the Public
Works Director and the Chief Building Official. In some cases a hydrologic study may be
required to insure compliance with this standard.
7. Mitigation
The project shall employ small -scale Best Management Practices, such as listed in the handout
attached to this initial study, wherever soil is disturbed. Soil disruption is anticipated to occur
during construction of the road, extension of utilities, and with removal and re- compaction of
undocumented fill on the site. Soil disruption will also occur during construction of each
individual residence.
• Monitoring Program:.
Building permit applications submitted for common improvements and applications for
Architectural Review of house designs shall include landscaping plans that incorporate erosion
control measures, to the approval of the Community Development Director.
8. Mitigation
Outdoor use areas shall be screened from the highway by structures as recommended by the noise
study for the project. Outdoor use areas above the first level of proposed structures shall be
designed to comply with Noise Element standards unless another outdoor use area is provided on
the lot, consistent with the recommendations of the noise study.
• Monitoring Program:
Orientation of buildings shall be reviewed and approved by the Architectural Review
Commission based on the recommendations of the noise study. If compliance with the general
noise study for the project is not evident, individual studies may be required, to the approval of
the Community Development Director.
9. Mitigation
Interior spaces shall be designed to reduce noise levels to less than 45dBA (Ldn) using methods
listed in the City's Noise Guidebook. Individual house plans submitted for Architectural Review
shall be reviewed by a registered architect or engineer with knowledge of noise reduction
measures, or a noise specialist, to insure that the 45dBA (Ldn) requirement will be met.
Resolution No. 9261 (2001 Series)
Page 6
• Monitoring Program:
Plans submitted with building permit applications for individual homes shall include a statement
by the project architect, engineer, or a noise specialist indicating the sound control measures from
the City's Noise Guidebook that are employed to reduce interior noise to acceptable levels, to the
approval of the Chief Building Official.
SECTION 4. Action. That the approval of the project, LLA/A/ER 79 -01, is subject to
the following conditions of approval and code requirements:
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. All utility services serving the existing property that cross the new property lines must
be removed (e.g water, sewer, telephone, cable, gas, and electric lines). All new
utility services serving the reconfigured lots shall be underground.
3. All mitigation measures are hereby conditions of approval of the project.
4. The common driveway and related improvements (grading, retaining walls, separate
utilities, sewer, drainage, pavement, etc.) shall be constructed, and all easements and
maintenance agreements shall be recorded, prior to release of occupancy of any house
within the project.
5. The driveway shall be concrete due to the steepness, with a rough - broomed finish,
unless otherwise approved by the Public Works Director and Building Official.
6. The driveway shall be designed to handle drainage from all lots, including roof drains
from Lots 3, 4 and 5, and shall convey drainage to an approved point of disposal in
the Santa Ynez right -of -way, to the approval of the Public Works Director and the
Community Development Director.
7. All exposed portions of retaining walls along the proposed driveway shall be
constructed of split -face block, or shall have a cultured stone veneer or similar
architectural treatment, to the approval of the Community Development Director.
Resolution No. 9261 (2001 Series)
Page 7
8. Landscaping of planters and slopes adjacent to the proposed driveway and within the
easement area shall be required. The maintenance agreement for the driveway shall
include provisions to insure that landscaping is adequately maintained.
9. The applicant may satisfy the inclusionary housing requirement through the
development of a secondary dwelling unit on one of the lots within the project, which
would be rented under a contract of affordability with the City of San Luis Obispo. In
order to meet the requirement, the lot with the secondary dwelling unit must be
developed and occupied prior to occupancy of any other lot within the project. It shall
be the responsibility of the developer to obtain all necessary approvals, including use
permit and architectural review, to develop the secondary dwelling unit. As an
alternative method of compliance with the inclusionary housing requirement, an in-
lieu fee in the amount of $45,000 may be paid, which would cover the entire in -lieu
fee for the proposed development. The in -lieu fee must be paid prior to the City
granting occupancy of the first dwelling in the project.
10. Prior to issuance of any building permits for the project, including development of the
common driveway and extension of utilities, the applicant shall enter into a covenant
agreement with the City to meet the City's Inclusionary Housing Requirement as
described in the above condition. The agreement shall specify that a $45,000
financial guarantee shall be submitted to the City, as a condition of use permit
approval, and prior to the City accepting any application to develop a residential lot
within the project. The form of the financial guarantee shall be a Certificate of
Deposit or Irrevocable Letter of Credit, to the approval of the Community
Development Director. The agreement will specify the circumstances under which
the City would either release the funds back to the applicant, or deposit the funds into
the City's Inclusionary Housing Fund.
11. House plans shall include provisions for guest parking, to the approval of the
Architectural Review Commission.
Code Requirements: The following code requirements are included for information
purposes only. They are intended to give the applicant an idea of other City requirements
that apply to the project. This is not intended to be an exhaustive list. Any further
requirements that apply to the project will be identified during the building permit plan
check process.
1. Street trees shall be planted, per City standards, to the satisfaction of the City
Arborist.
2. Frontage improvements shall be installed, per City standards, to the satisfaction of the
Public Works Director.
Resolution No. 9261 (2001 Series)
Page 8
3. When the property develops, a water allocation will be required, due to the additional
demand on the City's water supplies. Currently, a water allocation can only be
obtained through the water retrofit program. The City's Water Conservation division
can help in determining the needed allocation and the necessary number of retrofits.
Water Conservation can be reached by calling 781 -7258. The cost of retrofitting is
directly credited against the project's Water Impact Fees, at a rate of $150 per
bathroom retrofitted.
4. Water and Wastewater Impact Fees shall be paid at the time building permits are
issued. Both the Water and Wastewater Impact Fees are charged on a "per residential
unit" basis.
5. Each parcel is to have its own separate water and wastewater service laterals.
6. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over
$50,000. The recycling plan shall be submitted to the Building Department with the
building plans. The City's Solid Waste Coordinator can provide some guidance in the
preparation of an appropriate recycling plan.
On motion of Council Member Ewan, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 0' day of December 2001.
Lee Price, City Clerk
Resolution No. 9261 (2001 Series)
Page 9
APPROVED AS TO FORM:
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RESOLUTION NO. 9260 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING A DENSITY TESTING GAUGE 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 Public Works Department has identified equipment no longer needed by
the City;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. One Campbell Pacific Nuclear density testing gauge is no longer needed by
the City and is surplus property.
SECTION 2. Because federal licensing regulations for ownership and transportation
preclude the usual disposal method of sending equipment off for consignment auction, disposal of
the property shall be made by sale to Maurer Technical Services, a licensed and authorized sales and
service representative for the manufacturer.
Upon motion of Council Member Schwartz, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4" day of December 2001.
Mayor Allen Setde
In
Lee Price, City Clerk
R 9260
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RESOLUTION NO. 9259 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING INTEGRATED SOLID WASTE RATES
WHEREAS, on June 21, 1994, the City Council of the City of San Luis Obispo approved
the Rate Setting Manual Process and Methodology Manual for Integrated Solid Waste
Management Rates; and
WHEREAS, a review of San Luis Garbage Company's 2002 interim year solid waste
rate application has been completed in accordance with the adopted solid waste rate setting
policies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 9122 (2000 series) is hereby rescinded on midnight,
December 31, 2001.
SECTION 2. The rates set forth in Exhibit A shall be effective January 1, 2002..
On motion of Council Member Schwartz, seconded by Council Member Mulholland, and
on the following roll call vote:
AYES: Council Members Mark, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted on this 20th day of November 2001.
Mayor Allen Settle
ATTEST:
W
Lee Price, City Clerk
APPROVED AS TO FORM:
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4Att me f ef Jorgensen
R 9259
Exhibit A
CITY OF SAN LUIS OBISPO Resolution 9259
3.92% AVERAGE ACROSS THE BOARD INCREASE
FOR INTEGRATED SOLID WASTE ACTIVITIES
EFFECTIVE 1 -1 -2002
MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
(cubic yards)
1 2 3 4 5 6 7
1
1 1.5
$70.021
$81.081
$101.971
$125.291
$133.90
$169.51
$165.841
$213.731
$197.771
$257.96
$229.701
$302.171
$261.641
$346.40
2
$92.13
$147.40
$202.681
$257.951
$313.23
$368.48
$423.751
3
1 $114.231
$191.631
$269.011
$346.40
$423.78
$501.171
$578.56
4
$136.341
$237.07
$337.811
$438.54
$539.27
$640.021
$740.76
6
$180.54
$326.73
$472.92
$619.10
$765.30
$911.48
$1,057.68
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
COMMERCIAL GARBAGE CANS (PER MONTH)
number
COLLECTIONS PER WEEK
Of
1
cans
2 3 4 5 6 7
1
$17.211 $27.02
$36.84
$46.67
$56.48
$66.301
$76.121
2
$22.111 $34.40
$46.691
$58.961
$71.25
$83.54
$95.81 'i
3
$27.03 $41.79
1 $56.521
$71.281
$86.02
$100.77
$115.52',
4
F $31.951 $49.15
$66.341
$83.551
$100.751
$117.951
$135.151
5
$36.861
$56.511
$76.171
$95.81
$115.48
$135.13
$154.781
6
$41.791
$63.88
j $85.991
$108.101
$130.19
$152.31
$174.411
7
$46.70
$71.27
$95.82
$120.40
$144.97
$169.54
$194.111
8
$51.62
$78.65
$105.68
$132.71
$159.75
$186.78
$213.81
__ 9
$56.521
$86.011
$115.50
$144,981
$174.461
$203.94
$233.44
Maximum volume and weight per garbage can: 35 gallons and 80 pounds
Additional charge per can percollectim $5.28
Optional Waste Wheeler rental if requested $0.00 Per month for 32 gallon & 64 gallon size
Sunday service I $43.00 per month in addition to garbage service monthly cost
Proposed Rate Schedule for Integrated Solid Waste Services effective 1 -1 -2002
Exhibit A
CITY OF SAN LUIS OBISPO - Resolution No. 9259
COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH)
number
of
COLLECTIONS PER WEEK III
containers
F 1 2 3 4 5 6 7
_
1
$30.661
$49.091
$67.52
$85.951
$104.39
$122.81
$141.2511,
2
$50.261
$77.261
$104.29
$131.31
$158.33
$185.351
$212.38
3
$69.861
$105.471
$141.10
$176.72
$212.34
$247.95
$283.58_1
4
$89.451
$133.67
$177.90
$222.111
$266.341
$310.55
$354.781
5
$109.051
$161.881
$214.70
$267.521
$320.341
$373.16
$425.981
6
$128.651
$190.081
$251.501
$312.911
$374.33
$435.77
$497.18
7
1 $148.261
$218.27
$288.291
$358.321
$428.34
$498.361
$568.38
8
1 $167.85
$246.48
$325.10
$403.72
$482.34
$560.96
$639.58
1 9
$187.461
$274.671
$361.881
$449.091
$536.301
$623.501
$710.71.
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
1 cubic yard (minimum charge)
$36.851
COLLECTIONS PER WEEK
$45.45
3 cubic yards
$54.051
I
(cubic yards)
�_
2
3
4
5
6
7
1
$61.421
$85.991
$110.56
$135.13
$159.68
$184.26
$208.831
_i
1.5
$68.781
.$100.721
$132.65
$164.60
$196.53
$228.47
$260.411
1 2
1 $76.161
$114.241
$152.33
$190.41
$228.50
$266.58
$304.661
3
$90.891
$143.711
$196.53
$249.35
$302.17
$354.991
$407.81
4
$105.631
$174.42
$243.201
$312.001
$380.78
$449.571
$518.361
6
$135.101
$232.161
$329.211
$426:261
$523.31
$620.361
$717.42
_ 8
$164.571
$289.881
$415.18
$540.49
$665.79
$791.101
$916.401
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
Sunday service $43.00 per month in addition to garbage service monthly cost
UNSCHEDULED EXTRA COLLECTIONS FOR
COMMERCIAL CUSTOMERS AND
MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS
$28.26 i
1 cubic yard (minimum charge)
$36.851
2 cubic yards
$45.45
3 cubic yards
$54.051
4 cubic yards
Proposed Rate Schedule for Integrated Solid Waste Services effective 1 -1 -2002
Exhibit A
CITY OF SAN LUIS_OBISPO �-'_ _ Resolution No. 9259
SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less)
VOLUME -BASED RATES
MINI -CAN SERVICE
L_ $6.07 per month for one 19 gallon wastewheeler container collected once each week
ECONOMY RATE
$9.71 per month for one 32 gallon wastewheeler container collected once each week
STANDARD RATE
$19.42 per month for one 64 gallon wastewheeler container collected once each week
PREMIUM RATE
$29.13 1 per month for one 96 gallon wastewheeler container collected once each week
PREMIUM PLUS RATE
$8.84 per month for additional 32 gallon wastewheeler container collected once each week
$17.69 per month for additional 64 gallon wastewheeler container collected once each week
$26.53 per month for additional 96 gallon wastewheeler container collected once each week
SERVICE AWAY FROM THE STREET CURB
$6.62 ladditional per month per can or container
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required)
$9.83 per trip plus charges identified above for any extra containers or equivalent volume
$4.68 additional charge per 33 gallon can or equivalent volume per collection
CA 1 MM 1..uLLC', 1 Iu140 m 1 n rK.nur um rLm 1 Dr-Li 1 Ru%.r\ tpnone can
$14.75 per trip plus:
$4.68 1 per garbage can or equivalent volume (amounts over six cans by quotation)
$3.68 per white good article (once a month)
$3.68 per piece of furniture
$3.68 per mattress or boxspring
Proposed Rate Schedule for Integrated Solid Waste Services effective 1 -1 -2002
O
O Exhibit A -'
CITY OF SAN LUIS OBISPO Resolution No. 9259
RATE SCHEDULE
FOR COMMERCIAL RECYCLING ACTIVITIES
BASE CHARGE FOR COMMERCIAL RECYCLING
All commercial customers will pay $3.00 per month for commercial recycling services. This charge includes
all recycling services except collection of cardboard in excess of two yards once a week. This base charge
has already been added to the garbage rates.
CARDBOARD COLLECTION
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
(cubic yards)
1 2 3 4 5 6 7
1
JINCLUDED
$21.501
$27.64
$33.781
$39.92
$46.071
$52.21
1.5
INCLUDED
$25.181
49.13
$57.111
$65.11
2
3
INCLUDED
$22.731
$28.56
$35.931
$38,081
$49.131
$47.611
$62.341
$57.12
$75.55
$66.641
$88.75
$76.17.
$101.95
4
$26.411
$43.621
$60.801
$78.001
$95.19
$112.40
$129.59
6
$33.771
$58.041
$82.30
$106.57
$130.84
$155.09
$179.361
8
$41.141
$72.461
$103.81
$135.13
$166.45
$197.78
$229.10
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
WHITE OFFICE PAPER COLLECTION
White office paper can be commingled with other recycling in your blue waste wheeler.
In office collection of white /colored paper is available at I per hour
POLYSTYRENE COLLECTION
Polystyrene is no longer collected for recycling. It should be thrown away as trash.
Proposed Rate Schedule for Integrated Solid Waste Services effective 1 -1 -2002
C/ O ��
�� 4
Recording Requested By:
City of San Luis Obispo.
When recorded, mail to:
City Clerk
City of San Luis Obispo
990 Palm Street.
San Luis Obispo, CA 93401 -3249
JULIE RODEWALU — - -LO
San Luis Obispo County— ClerklRecorder 12n112001
Recorded at the request of
D..tir. 10:09 AM
Doc # : 2001095873 Tales: 1 Nges: 4
IIIIIIIIIIIIIIIIIII Taxes 0.00
IIIIIIIIIIIIIIII
Others IIIIIIIIII rs
0.00
PASO 50.00
RESOLUTION NO. 9258 (2000 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CONTRIBUTING PROPERTIES LIST OF HISTORIC
RESOURCES TO INCLUDE PROPERTY LOCATED
AT 2030 JOHNSON AVENUE
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing
the "Contributing Properties List of Historic Resources," along with procedures for adding
properties to the listing; and
WHEREAS, at the request of a Dan Carpenter, owner of 2030 Johnson Avenue, the
Cultural Heritage Committee held an advertised public hearing on August 27, 2001 to
consider recommending said property to the Contributing Properties List of Historic
Resources, and;
WHEREAS, said property was being considered for historic status, in part, because
of its probable historic association with the original San Luis Obispo Obispo High School,
built in 1907 and located on Marsh Street between Essex (now Johnson Avenue) and Toro
Streets; and
WHEREAS, at said meeting, the Cultural Heritage Committee reviewed -the
historical documentation on the property and recommended that the City Council add the
properties to the Contributing Properties List, and;
WHEREAS, this City Council considered this recommendation during an
advertised public hearing on November 20, 2001, pursuant to historic preservation
guidelines established by Council Resolution No. 6157 (1987 Series);
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that based on the Cultural Heritage Committee's recommendation, documentation as
described in the Historical Resource Inventory for the property, on file in the Community
Development Department, public testimony, the staff report, and on the City's Historical
Preservation Program Guidelines the following:
R 9258
Resolution No. 9258 (2001 Series)
Page 2
SECTION 1. Findings.
The building located at 2030 Johnson Avenue meets the Historic Preservation Program
Guidelines criteria for historic listing as a Contributing Property under Criterion 11 (2) —
Design, and Criterion VIII (3) - History - Context category, based on the following
findings:
The building is at least 50 years old.
2. The building substantially contributes to the historic and character of the
Johnson Avenue neighborhood.
Evidence provided by the property owner indicates the property is probably
associated the original San Luis Obispo High School, built in 1907 and
located on Marsh Street between Essex (now Johnson Avenue) and Toro
Streets.
4. The house has been rehabilitated and maintained to preserve its original
architectural character.
Historic designation does not constitute a "project' ' as defined under Section
15378 of Title 14, Ch. 3 California Code of Regulations and therefore is not
subject to review under the California Environmental Quality Act (CEQA).
SECTION 2. Addition to Contributing Properties List. The building located at
2030 Johnson Avenue is hereby added to the Contributing Properties List of Historic
Resources, based on historic documentation on file in the Community Development
Department..
SECTION 3. Publish Revised Contributing Properties List. The Community
Development Director is hereby directed to amend the Contributing Properties List of
Historic Resources to include the property listed above, as described in Exhibit A, and to
publish a revised Inventory of Historic Resources for public distribution.
SECTION 3. Recording of Historic Properties. The City Clerk is hereby
directed to record the properties' historic designation and legal description with the San Luis
Obispo County Recorder, pursuant to State Law.
On motion of Council Member Mulholland seconded by Council Member Marx and
on the following roll call vote:
'Resolution No. 9258 (2001 Series)
Page 3
AYES: Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 20th day of November
Mayor
ATTES
Lee Price, City Clerk
APPROVED AS TO FORM:
�� /�, I ,
Resolution No. 9258(2001 Series)
Page 4
II:
LEGAL DESCRIPTION OF LISTED HISTORIC PROPERTY
Following is the legal description of the property added to the City of San Luis Obispo's
Contributing Properties List of Historic Resources on November 20, 2001, by City Council
Resolution No. 9258 (2001 Series):
2030 Johnson Avenue
Portion of Lot 4, Block 3, Fixilini Terrace
City of San Luis Obispo, California 93401
(Assessors Parcel Number (APN #) 003 -584 -028).
Owners: Daniel L. and Sandra K. Carpenter
END OF DOCUMENT
Recording Requested By:
City of San Luis Obispo.
When recorded, mail to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401 -3249
JULIE RODEWALD
San Luis Obispo County— clerk/Recorder
Recorded at the request of
Public
LO
12/19/2001
9:41 AM
u O c # : 2001098563 Titles: 1 Pages: 14
Fees 0.00
IIIIIIIIIIIIIIIIIIIIIII Others 0.00
Illlll�llllllllillll 0.00
PAID SO.00
RESOLUTION NO. 9257 (2001 Series)
APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND GORDON G.
AND DEANN L. OLIVER, OWNERS OF A DESIGNATED HISTORIC
RESOURCE AT 1428 NIPOMO STREET, IN SAN LUIS OBISPO.
WHEREAS, the City Council of the City of San Luis Obispo is authorized by
California Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into
contracts with the Owners of qualified historical properties to provide for appropriate use,
maintenance, and rehabilitation such that these historic properties retain their historic
characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Program as an on -going historic preservation program to
implement General Plan policies encouraging the preservation, restoration and maintenance
of historic properties; and
WHEREAS, the Owners possess fee title in and to that certain qualified real
property, together with associated structures and improvements thereon, legally described as
a Portion of Lots 2 and 12, Block 4, City of San Luis Obispo (Assessors Parcel Number
003 - 531 -006, located at 1428 Nipomo Street, San Luis Obispo, California 93401, also
described as the historic Rogers /Sandercock House (Hereinafter referred to as the "historic
property"); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this
property as a historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Program Guidelines; and
WHEREAS, the City and Owners, for their mutual benefit, now desire to enter into
this agreement to limit the use of the property to prevent inappropriate alterations and to
ensure that character - defining features are preserved and maintained in an exemplary
manner, and repairs and/or improvements are completed as necessary to carry out the
purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article
R 9257
Resolution No. 9257 (200'17Series)
Page 2
12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9,
Sec. 439 et. seq. of the Revenue and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council
hereby approves the attached historic preservation agreement between the City of San Luis
Obispo and the Owners.
SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council
hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City
of San Luis Obispo.
SECTION 3. Environmental Determination —The City Council has determined
that this historic preservation agreement is not a project, as defined by Section 15378 of the
California Environmental Quality Act and is exempt from environmental review.
SECTION 4. Recordation of the Agreement. No later than twenty (20) days
after the parties execute and enter into said agreement, the City Clerk shall cause this
agreement to be recorded in the Office of the County Recorder of the County of San Luis
Obispo..
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and
on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 20`s day of November 2001.
Mayor Allen K.
A
7
�i
Lee Price, City Clerk
Resolution No. 9257 (2001"8eries)
Page 3
APPROVED AS TO FORM:
I A. /. .�A.a
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT
1428 NIPOMO STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this U! day of 001, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City"), and Gordon G. and DeAnn L. Oliver (hereinafter referred to as "Owners "), and
collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The Owners, their heirs or assigns hereby
agree to undertake and complete, at their expense, the preservation, maintenance and
improvement measures described in Exhibit "A ", attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation, and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement's effective date, such initial term
will automatically be extended as provided in California Government Code Section 50280
through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
A. Each year on the anniversary of the effective date of this agreement (hereinafter referred
to as "annual renewal date "), a year shall automatically be added to the initial term of this
agreement unless written notice of nonrenewal is served as provided herein.
B. If the Owners or the City desires in any year not to renew the agreement, the Owners or
the City shall serve written notice of nonrenewal of the agreement on the other party.
Unless such notice is served by the Owners to the City at least ninety (90) days prior.to
the annual renewal date, or served by the City to the Owners at least sixty (60) days prior
to the annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owners may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owners of nonrenewal.
D. If either the City or the Owners serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
Historic Property Agreement
Page 2
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
A. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character- defining features, including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
doors, and other openings; interior architectural elements that are integral to the
building's historic character or significance; exterior materials, coatings, textures, details,
mass, roof line, porch and other aspects of the appearance of the building's exterior, as
described in Exhibit B, and as existing at the time this contract was entered into, to the
satisfaction of the Community Development Director or his designee.
B. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owners agree to allow pre - arranged tours on a limited basis, to the approval
of the Community Development Director or his designee.
C. All building changes shall comply with applicable City specific plans, City regulations
and guidelines, and conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character -
defining architectural features such as oak and mahogany details, pillars and arches,
original hardware and fixtures, special tile work or architectural ornamentation, to the
greatest extent possible.
D. The Community Development Director shall be notified by the Owners of changes to
character - defining exterior features prior to their execution, such as major landscaping
projects and tree removals, exterior door or window replacement, repainting, remodeling,
or other exterior alterations requiring a building permit. The Owners agree to secure all
necessary City approvals and/or permits prior to commencing work.
E. Owners agree that property tax savings resulting from this agreement shall be used for
property maintenance and improvements as described in Exhibit A.
F. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards
listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture
visible from a public way; or any device, decoration, structure or vegetation which is
unsightly due to lack of maintenance or because such feature adversely affects, or is
visually incompatible with, the property's recognized historic character, significance and
design, as determined by the Community Development Director.
C� O
Historic Property Agreement
Page 3
G. Owners shall allow reasonable periodic examination, by prior appointment, of the interior
and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the Owners' compliance with the terms and provisions of
this agreement.
Section 5. Furnishing of Information._ The Owners hereby agree to furnish any and all
information requested by the City that may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285, may cancel this agreement if it determines that the
Owners have breached any of the conditions of this agreement or have allowed the
property to deteriorate to the point that it no longer meets the standards for a qualified
historic property; or if the City determines that the Owners have failed to preserve,
maintain or rehabilitate the property in the manner specified in Section 4 of this
agreement. If a contract is canceled because of failure of the Owners to preserve,
maintain, and rehabilitate the historic property as specified above, the Owners shall pay a
cancellation fee to the State Controller as set forth in Government Code Section 50286,
Which states that the fee shall be 12 1/2% of the full value of the property at the time of
cancellation without regard to any restriction imposed with this agreement.
B. If the historic property is acquired by eminent domain and the City Council determines
that the acquisition frustrates the purpose of the agreement, the agreement shall be
canceled and no fee imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, the City shall give written notice of violation to the
Owners by registered or certified mail addressed to the address stated in this agreement.
If such a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not corrected
within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default may be commenced within thirty (30) days and shall thereafter be
diligently pursued to completion by the Owners); then the City may, without further
notice, declare a default under the terms of this agreement and may bring any action
necessary to specifically enforce the obligations of the Owners growing out of the terms
of this agreement, apply to any court, state or federal, for injunctive relief against any
Historic Property Agreement
Page 4
violation by the Owners, or apply for such relief as may be appropriate.
B. The City does not waive any claim of default by the Owners if the City does not enforce
or cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owners may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owners hereby subject the historic property
located at 1428 Nipomo Street, San Luis Obispo, California, to the covenants, reservations, and
restrictions as set forth in this agreement. The City and Owners hereby declare their specific
intent that the covenants, reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owners successors
and assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed, covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and accepted subject to the covenants,
reservations, and restrictions expressed in this .agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owners: Gordon G. and DeAnn L. Oliver
1428 Nipomo Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors or assigns, nor
shall such terms, provisions, or conditions cause them to be considered joint ventures or
members of any joint enterprise.
N
Historic Property Agreement
Page 5
B. The Owners agree to hold the City and its elected and appointed officials, officers, agents,
and employees harmless from liability for damage, or from claims for damage for
personal injuries, including death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owners, or from those of their contractor,
subcontractor, agent, employee or other person acting on the Owners' behalf which
relates to the use, operation, maintenance, or improvement of the historic property. The
Owners hereby agree to and shall defend the City and its elected and appointed officials,
officers, agents, and employees with respect to any and all claims or actions for damages
caused by, or alleged to have been cause by, reason of the Owners' activities in
connection with the historic property, excepting however any such claims or actions
which are the result of the sole negligence or willful misconduct of City, its officers,
agents or employees.
C. This hold harmless provision applies to all damages and claims for damages suffered, or
alleged to have been suffered, and costs of defense incurred, by reason of the operations
referred to in this agreement regardless of whether or not the City prepared, supplied, or
approved the plans, specifications or other documents for the historic property.
D. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their
heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the historic property, whether by operation of law or in any manner
whatsoever.
E. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such
proceeding may recover all reasonable attorney es fees to be fixed by the court, in
addition to court costs and other relief ordered by the court.
F. In the event that any of the provisions of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive legislation,
the validity and enforceability of the remaining provisions, or portions thereof, shall not
be affected thereby.
G. This agreement shall be construed and governed in accordance with the laws of the State
of California.
Historic Property Agreement
Page 6
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a
written recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and
enter into this agreement, the City shall cause this agreement to be recorded in the office of the
County Recorder of the County of San Luis Obispo. Participation in the program shall be at no
cost to the Owner; however the City may charge reasonable and necessary fees to recover direct
costs of executing, recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the city and owners have executed this agreement on the day
and year written above:
CITY OF SAN LUIS
ST-A-F&QF CALIFORNIA )
) ss.
COUNTY OF SAN L BISPO )
o2.0 0 1
On this .2L day of CeR-) 1
for said State, personally appeared E
the City of San Luis Obispo, a munici corps
the State of California
ess my
Date
A
Date
Date
me, the under ' ed, a Not blic in and
own. to me to the mayor of
e and organizecjodnder the laws of
seal. i LIN Y N. MELENDY
J cOM 280809
NOTARY PUBLIC• FOR NIA
� SAN LUIS OBISPO C 1'
My Comm. Expires October 19.
® •
Historic Property Agreement
Page 5
C.
such terms, provisions, or conditions cause them to be considered joint ventures or
)ers of any joint enterprise.
The O nI
and emp�
personal i
the direct
agrees to hold the City and its elected and appointed officials, officers,
ees harmless from liability for damage, or from claims for damage for
uries, including death, and claims for property damage which may arise
relates to the us,
Owner hereby a
officers, agents,
caused by, or al .
agents,
from
;ct use or activities of the Owner, or from those of their contractor;
.nt, employee or other person acting on the Owner's behalf which
operation, maintenance, or improvement of the historic property. The
es to and shall defend the City and its elected: and appointed officials,
a employees with respect wany and-all claims or actions for damages
;e o have been cause by, reason of the Owner's activities in
connection with the hi oric property, excepting however any such claims or actions
which are the result of . sole negligence or willful misconduct of City; its officers,
agents or employees.
This hold harmless provision pplies to all damages and claims for damages suffered, or
alleged to have been suffered; d costs of defense incurred, by reason of the operations
referred to in this agreement reg Bless of whither or not the City prepared, supplied, or
approved the plans, specifications r other documents for the historic property.
D. All of the agreements, rights, covenan \bperation ations, and restrictions contained in this
agreement shall be binding upon and re to the benefit of the parties herein, their
heirs, successors, legal representatives, and all persons acquiring any part or
portion of the historic property, whet of law or in any manner
Whatsoever.
E. In the event legal proceedings are brought by an party or parties to enforce or restrain.a
violation of any of the covenants, reservations, or estrictions contained herein, or
determine the rights and duties of any party hereu\beed evailing party in such
proceeding may recover all reasonable attorney's ixed by the court, in addition
to court costs and other relief ordered by the court
F. In the event that an y of the provisions of this agreeld to be unenforceable or
w"inValid:by afiy;.couri of competent jurisdiction, or nt preemptive legislation,
'=the validity and enforce ability of the remaining prr ortions thereof, shall not be effected G. This agreement shall be construed and governed ie wit the laws of the State
of California.
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Date
personally appeared
Place Notary Seal Above
O'personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(e whose name`W is/ace-
subscribed to the within instrument and
acknowledged to me that he /sher+�executed
the same in his /hec/their authorized
capacity(ipg:p and that by his /her /their
signature(§.):Zn the instrument the persort?!§), or
the entity upon behal of which the,per�on*
acted, eluted th instrument. �� ��
►vTaIIIN
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to anotheeAdocument.
Description of Attached
Title or Type of Document: _
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Clai f
Signer's Name:
❑ Individual `
orporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is F
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
®1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402 . Prod. No. 5907 Reorder. Cell Tall -Free 1- 800 - 876 -6627
Exhibit At A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1428
NIPOMO STREET, SAN LUIS OBISPO, CALIFORNIA
Owner shall preserve, maintain, and repair the historic building, including its character - defining
architectural features in good condition, to the satisfaction of the Community Development Director
or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for the
property located at 1428 Nipomo Street. Character - defining features shall include, but are not limited
to: roof, eaves, dormers, trim porches, walls and siding, architectural detailing, doors and window,
screens: and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and /or repairs during the term of this contract, but
in no case later than ten years from the date of recording the contract with the County Recorder. All
changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the
Secretary of the Interior's Standards for Historic Preservation Projects. Owner further agrees to:
a. Complete repair, restoration and retrofit undertaken in conjunction with addition to house
per ARC 146 -99. Work in process includes new pluming throughout including water
supply and waste lateral to street, new grounded electrical throughout including 200 amp
service panel, new HVAC and ducting, new rafters and gable ends following original roof
line, replacement of windows with true double hung windows of identical profile, repair or
matching replacement of original lap siding, seismic retrofit to new footing at original
foundation line.
b. Finish replacement of original exterior architectural details, supply matching details to
addition: window cornice, sills, frieze, so fit, porch brackets and post trim. Paint all exterior,
contrasting trim and base color appropriate to period, within one year of recording the
contract.
c. Provide brick veneer to chimney per ARC 146 -99 within one year of recording the contract.
d. Repair porch and stairs within two years of recording contract.
e. Apply stone veneer to exposed portion of retrofit foundation within three years of recording
contract.
f. Provide irrigation system and landscape, incorporating plant materials appropriate to
period, annual beds, lawns and walks within four years of recording contract.
g. Maintain building exterior and landscape. Repaint as needed to prevent any visible peeling
or chipping. Replace annual and short -lived perennials as needed.
3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property
Maintenance Standards.
DeAnn Oliver
Date
9 -,2 r -o
Dater
0 TERA i 1il N KLyTRUST
State of California
County of San Luis Obispo
J
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
On September 21, 2001 before me, Lindsey N. Melendy, Notary Public, personally appeared Deann Oliver
and Gordon Oliver,
LINDSEY N. MELENDY
O
COMM. 91280809
S ' NOTARV OUBLIC.CALIFORNIA
SAN LUIS OBISPO COUNTY O
My Comm. Expires October 19.2009 h
❑ personally known to me OR - ® proved to me on the
basis of satisfactory evidence to be the persorA3 whose
name@ isAED subscribed to the within instrument and
acknowledged to me that he /she /e- executed the same in
his/h thei authorized capaci re ), and that by
his/her(gip signatuiQ on the instrument the persor(@s , or
the entity upon behalf of which the person (D acted,
executed the instrument.
WITNESS my hand and official seal.
i
KUignature of ..
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
® Individual
Corporate Officer
Title
Partner(s) Limited
General
❑ Attorney -in -Fact
Trustee(s)
Guardian/Conservator
Other:
Absent Signer (Principal) is Representing:.
ADM -005 (07/01)
DESCRIPTION OF ATTACHED DOCUMENT
Exhibit A
Maintenance and Improvement Measures for
Proberty Located At 1428 Nipomo St, San Luis
Obispo, California
Title or Type of Document
Number of Pages
September 21, 2001
Date of Document
Signer(s) Other Than Name(s) Above
State of California — The Resources Agency
DEPARTMENT OF PARKSAND `" 'C TION
HISTORIC RESOURCES INVENTORY
IDENTIFICATION Phillips House
1. Common name:
eryNo. - 0077 -05R
HAB.S HAER_ Z SHL Loc-
UTM: A 10/712656;= 1ho5910B
C D
2. Historic name: Horatio Rogers House /Sandercock House
3. Street or rural address: 1428 Nipomo
City San Luis Obispo Zip 93401 County San-Luis Obispo
4. Parcel number: 03- 531 -06
S. Present Owner: Peterson, P.C. & E. H. , c/o Peterson, Address: 1428 Nipomo
Phillip L. and E.H.
City San Luis Obispo Zip 93401 Ownership is: Public Private - X
6. Present Use: Residential Original use: _Residential
DESCRIPTION
7a. Architectural style: Carpenter. Gothic Revival
7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its
original condition:
This two story rectangular house rests on a raised foundation with a large
addition at the rear. A.medium gabled roof is capped with composition
roof, the addition has a shed roof. Narrow clapboard siding sheaths the
wood frame structure. The gable ends have plain boxed cornice with a large
frieze. The doorway is located off center and is topped with a two light
transom. Two double hung windows 1/1 on second story and two double hung
windows 1/1 on first story all have plain flat trim with a molded shelf
above. The house is undergoing restoration.
DPR 523 (Rev. 4/79)
8. Construction date:
Estimated 1890 Factual
9. Architect -- Unknown
Unknown
10. Builder
11. Approx. property size (in feet)
Frontage 55' Depth 180'
or approx. acreage
12. Date(s) of enclosed photographs)
December 1982
13. Condition' Excellent _Goo_ ^ Fair X' Deteriorated - No Ion
y .-A existence
14. Alterations: Foundation raised
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_ Densely built -up
Residential X Industrial Commercial Other:
16. Threats to site: None known Private development_ Zoning Vandalism _
Public Works project Other:
t,
17. Is the structure: On its original site? Yes Moved? Unkno
18. Related features:
SIGNIFICANCE
19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.)
The two story Gothic Revival house at 1428 Nipomo was probably built
in 1892 -3 for Horatio Rogers on a lot purchased from heirs of Alexander
Murray. The house was occupied in 1904 by John G. Sandercock, a merchant.
The Sandercock family, headed by John, a preacher, and his wife, Mary,
came from England to Illinois in 1843. -Sons, John G:. and William were
born in Illinois and came with their parents to San Luis Obispo. In 1904
William ran the Sandercock Transfer Co. and resided at 1627 Beach Street,
and the eldei Sandercocks lived at 792 Upham. A good example of the simple
and unadorned vernacular houses of the late 1800's, this house is undergoing
restoration. The porch has been removed and the foundation is under repair.
When completed it will be an addition to a neighborhood of picturesque
early homes.
20. Main theme of the historic resource: (If more than one is
checked, number in order of importance.)
Architecture 2 Arts & Leisure .
Economic/Industrial 1 Exploration/Settlement
Government Military
Religion Social /Education
21, Sources (List books, documents, surveys, personal interviews
and their dates)-
Deed Title Searches
22 Date form prepared JU1•1 13 1983
By Historic Res.Survey Staff
Organization City o San Luis Obispo
Address: P • 0: Box 321
City Luis s ispo Zip
Phone —
Locational sketch map (draw and label site and
surrounding streets, roads, and prominent landmarks):
NORTH
1 1
END OF DOCUMENT
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Recording Requested By:
City of San Luis Obispo.
When recorded, mail to:
City Clerk
City of San Luis Obispo
990 Palm Street
JULIE RODEWh_J
San Luis Obispo County— clerklRecorder
Recorded a the iequest of
Public
DOC #: 2001101514
SR
12/28/2001
9:02 AM
Titles: 1 Pages: 18
Fees
0.00
Taxes
0.00
Others"
0.00
PAID
$0.00
San Luis Obispo, CA 93401 -3249 - - — - -- - - -- --
RESOLUTION NO. 9256 (2001 Series)
APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND STEPHEN
AND ILENE SICANOFF, OWNERS OF A DESIGNATED HISTORIC RESOURCE
AT 1720 JOHNSON AVENUE, IN SAN LUIS OBISPO.
WHEREAS, the City Council of the City of San Luis Obispo is authorized by
California Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into
contracts with the Owners of qualified historical properties to provide for appropriate use,
maintenance, and rehabilitation such that these historic properties retain their historic
characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Program as an on -going historic preservation program to
implement General Plan policies encouraging the preservation, restoration and maintenance
of historic properties; and
WHEREAS, the Owners possess fee title in and to that certain qualified real
property, together with associated structures and improvements thereon, legally described as
a Portion of Lots 8 and 9, Callender Tract, City of San Luis Obispo (Assessors Parcel
Number 003 - 566 -028, located at 1720 Johnson Avenue, San Luis Obispo, California 93401,
also described as the historic Judge's House (Hereinafter referred to as the "historic
property"); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this
property as a historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Program Guidelines; and
WHEREAS, the City and Owners, for their mutual benefit, now desire to enter into
this agreement to limit the use of the property to prevent inappropriate alterations and to
ensure that character - defining features are preserved and maintained in an exemplary
manner, and repairs and/or improvements are completed as necessary to carry out the
purposes of California Government Code, Chapter 1; Part 5 of Division 1 of Title 5, Article
12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9,
Sec. 439 et. seq. of the Revenue and Taxation Code.
R 9256
'Resolution No. 9256 -(2001 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council
hereby approves the attached historic preservation agreement between the City of San Luis
Obispo and the Owners.
SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council
hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City
of San Luis Obispo.
SECTION 3. Environmental Determination. The City Council has determined
that this historic preservation agreement is not a project, as defined by Section 15378 of the
California Environmental Quality Act and is exempt from environmental review.
SECTION 4. Recordation of the Agreement. No later than twenty (20) days
after the parties execute and enter into said agreement, the City Clerk shall cause this
agreement to be recorded in the Office of the County Recorder of the County of San Luis
Obispo.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan and
on the following roll call vote:
AYES: Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 242 d 1
T
S
Prics,.C`ity Clerk
'Resolution No. 925 -(2001 Series)
Page 3
APPROVED AS TO FORM:
4, MAI
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT
1720 JOHNSON AVENUE, IN THE CITY, AND THE COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this 6 day o4lc�, 2001, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City"), and Stephen and Ilene Sicanoff (hereinafter referred to as "Owners "), and collectively
referred to as the "parties"
Section 1. Description of Preservation Measures. The Owners, their heirs or assigns hereby
agree to undertake and complete; at their expense, the preservation, maintenance and
improvement measures described in Exhibit "A ", attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation, and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement's effective date; such initial term
will automatically be extended as provided in California Government Code Section 50280
through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non- renewal.
A. Each year on the anniversary of the effective date of this agreement (hereinafter referred
to. as "annual renewal date "), a year shall automatically be added to the initial term of this
agreement unless written notice of nonrenewal is served as provided herein.
B. If the Owners or the City desires in any year not to renew the agreement; the Owners or
the City shall serve written notice of nonrenewal of the agreement on the other party.
Unless such notice is served by the Owners to the City at least ninety (90) days prior to
the annual renewal date, or served by the City to the Owners at least sixty (60) days prior
to the annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owners may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owners of nonrenewal..
D. If either the City or the Owners serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
Historic Property Agreement
Page 2
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
A. 'Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character - defining features, including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
doors, and other openings interior architectural elements that are integral to the
building's historic character or significance; exterior materials, coatings, textures, details,
mass, roof line, porch and other aspects of the appearance of the building's exterior, as
described in Exhibit B, and as existing at the time this contract was entered into, to the
satisfaction of the Community Development Director or his designee.
B. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owners agree to allow pre - arranged tours on a limited basis, to the approval
of the Community Development Director or his designee.
C. All building changes shall comply with applicable City specific plans, City regulations
and guidelines, and conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character-
defining architectural features such as oak and mahogany details, pillars and arches,
original hardware and fixtures, special tile work or architectural ornamentation, to the
greatest extent possible.
D. The Community Development Director shall be notified by the Owners of changes to
character- defining exterior features prior to their execution, such as major landscaping
projects and tree removals, exterior door or window replacement, repainting, remodeling,
or other exterior alterations requiring a building permit. The Owners agree to secure all
necessary City approvals and/or permits prior to commencing work.
E. Owners agree that property tax savings resulting from this agreement shall be used for
property maintenance and improvements as described in Exhibit A.
F. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards
listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture
visible from a public way; or any device, decoration, structure or vegetation which is
unsightly due to lack of maintenance or because such feature adversely affects, or is
visually incompatible with, the property's recognized historic character, significance and
Historic Property Agreement
Page 3
design, as determined by the Community Development Director.
G. Owners shall allow reasonable periodic examination, by prior appointment, of the interior
and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the Owners' compliance with the terms and provisions of
this agreement.
Section 5. Furnishing of Information. The Owners hereby agree to furnish any and all
information requested by the City that may be necessary or advisable to determine compliance
with the terms and provisions of this agreement..
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285, may cancel this agreement if it determines that the
Owners have breached any of the conditions of this agreement or have allowed the
property to deteriorate to the point that it no longer meets the standards for a qualified
historic property; or if the City determines that the Owners have failed to preserve,
maintain or rehabilitate the property in the manner specified in Section 4 of this
agreement. If a contract is canceled because of failure of the Owners to preserve,
maintain, and rehabilitate the historic property as specified above, the Owners shall pay a
cancellation fee to the State Controller as set forth in Government Code Section 50286,
which states that the fee shall be 12 1/2% of the full value of the property at the time of
cancellation without regard to any restriction imposed with this agreement.
B. If the historic property is acquired by eminent domain and the City Council determines
that the acquisition frustrates the purpose of the agreement, the agreement shall be
canceled and no fee imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, the City shall give written notice of violation to the
Owners by registered or certified mail addressed to the address stated in this agreement.
If such a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not corrected
within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default may be commenced within thirty (30) days and shall thereafter be
diligently pursued to completion by the Owners); then the City may, without further
Historic Property Agreement
Page 4
notice, declare a default under the terms of this agreement and may bring any action
necessary to specifically enforce the obligations of the Owners growing out of the terms
of this agreement, apply to any court, state or federal, for injunctive relief against any
violation by the Owners, or apply for such relief as may be appropriate.
B. The City does not waive any claim of default by the Owners if the City does not enforce
or cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owners may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owners hereby subject the historic property
located at 1720 Johnson Avenue, San Luis Obispo, California, to the covenants, reservations, and
restrictions as set forth in this agreement. The City and Owners hereby declare their specific
intent that the covenants, reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owners successors
and assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed, covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and .accepted subject to the covenants,
reservations, and restrictions expressed in this agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owners: Stephen and Ilene Sicanoff
1720 Johnson Avenue
San Luis Obispo, CA 93401
Historic Property Agreement
Page 5
Section 10. General Provisions.
A. None of the terms, provisions, or conditions of this agreement shall be deemed.to create a
partnership between the parties hereto and any of their heirs, successors or assigns, nor
shall such terms, provisions, or conditions cause them to be considered joint ventures or
members of any joint enterprise..
B. The Owners agree to hold the City and its elected and appointed officials, officers, agents,
and employees harmless from liability for damage, or from claims for damage for
personal injuries, including death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owners, or from those of their contractor,
subcontractor, agent; employee or other person acting on the Owners' behalf which
relates to the use, operation, maintenance, or improvement of the historic property. The
Owners hereby agree to and shall defend the City and its elected and appointed officials,
officers, agents, and employees with respect to any and all claims or actions for damages
caused by, or alleged to have been cause by; reason of the Owners' activities in
connection with the historic property, excepting however any such claims or actions
which are the result of the sole negligence or willful misconduct of City, its officers,
agents or employees.
C. This hold harmless provision applies to all damages and claims for damages suffered, or
alleged to have been suffered, and costs of defense incurred, by reason of the operations
referred to in this agreement regardless of whether or not the City prepared, supplied, or
approved the plans, specifications or other documents for the historic property.
D. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their
heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the historic property, whether by operation of law or in any manner
whatsoever.
E. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such
proceeding may recover all reasonable attorney es fees to be fixed by the court, in
addition to court costs and other relief ordered by the court.
F. In the event that any of the provisions of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive legislation,
the validity and enforceability of the remaining provisions, or portions thereof, shall not
Historic Property Agreement
Page 6
Section 11. Amendments. This agreement maybe amended in whole or in part., only by a
written recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and
enter into this agreement, the City shall cause this agreement to be recorded in the office of the
County Recorder of the County of San Luis Obispo. Participation in the program shall be at no
cost to the Owner; however the City may charge reasonable and necessary fees to recover direct
costs of executing, recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the city and owners have executed this agreement on the day
and year written above.
:CITY OF L SP
Allen K. Settle, or Date
• �!
-r •
Date
(9-.24t- o
Date
STATE OF CALIFORNIA )
ss.
CO Y OF SAN LUIS OBISPO )
�o
On this day of L , 1, b e undersigned, a Public in and
for said State, person a peared �. , know a to be the mayor of
the City of San Luis Obispo, umcipal corporation existin organized under the laws of
the State of California.
Witness my hand
Historic Property Agreement
Page 5
B. The
and
r
such terms, provisions, or conditions cause them to be considered joint ventures or
bers of any joint enterprise.
agrees to hold the City and its elected and appointed officials, officers, agents,
ees harmless from liability for damage, or from claims for damage for
personal inj es, including death, and claims for property damage which may arise from
the direct or in 'rest
subcontractor, nt
relates to the use, o
Owner hereby agree:
officers, agents, and
use or activities of the Owner, or from those of their contractor,
employee or other person acting on the Owner's behalf which
- ration, maintenance, or improvement of the historic property. The
and shall defend the City and its elected and appointed officials,
e loyees with respect to any and all claims or actions for damages
caused by, or alleged to ve been cause by, reason of the Owner's activities in
connection with the historic roperty, excepting however any such claims or actions
which are the result of the sol egligence or willful misconduct of City, its officers,
agents or employees.
C. This hold harmless provision applie o all damages and claims for damages suffered, or
alleged to have been suffered, and cos of defense incurred, by reason of the operations
referred to in this agreement regardless o whither or not the City prepared, supplied, or
approved the plans, specifications or other cuments for the historic property.
D. All of the agreements, rights, covenants, resew `ons, and restrictions contained in this
agreement shall be binding upon and shall inure t NIhe benefit of the' parties herein, their
heirs, successors, legal representatives, assigns, an d 1 persons acquiring any part or
portion of the historic property, whether by operation law or in any manner
whatsoever.
E. In the event legal proceedings are brought by any party or p 'es to enforce or restrain a
violation of any of the covenants, reservations, or restrictions c tained herein, or to
determine the rights and duties of any party hereunder, the prevai ' g party in such
proceeding may recover all reasonable attorney's fees to be or
b e court, in addition
to court costs and other relief ordered by the court.
F. In the event that any of the provisions of this agreement are held to be une orceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive giolation,
the validity and enforceabili ty of the remaining provisions, or portions thereo%hall be effected thereby.
G. This agreement shall be construed and governed in accordance with the laws
of California.
i
city of sAn tuis oaspo
990 Palm Street, San Luis Obispo, CA 93401-3249
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
ss.
On December 11, 2001, before me, City Clerk Lee Price, personally appeared Mayor
Allen Settle known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person or the entity upon behalf of which
the ` e on acted, executed tiii Tument.
/O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
V� Telecommunications Device for the Deaf (805) 781 -7410.
I�
Historic Preservation Agreement — Dated December 6, 2001
icanoff
Ilene Sicanoff �VV
Date
/,` J O
Date
State of California }
County of San Luis Obispo }
On December 27, 2001, before me, Pamela K. King, Notary Public, personally appeared
Stephen Sicanoff and Ilene Sicanoff ( ) personally known to me or (x) proved to me on
the basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their capacity,
and that by their signatures on the instrument the persons or the entity upon behalf of
which the persons acted, executed the instrument.
Witness my hand and official seal. -
_
Notary Public �—
Capacity claimed by signer(s):
pgtvlElA K. KING I
Commission # 1227306
Notary Public Ca{ "TOMIG
San Luis Obi rimes C I Z
MY cam"' [xP
(x) individual(s) ( ) corporation ( ) partnership ( ) attorney- in-fact ( ) political agency
Historic Preservation
1720 Johnson
O
EXHI131i A
Maintenance And Improvement Measures For Property located
at 1720 Johnson Ave. California, California.
Owner shall preserve, maintain and repair the historic building, including its character
defining architectural features in good condition, to the satisfaction
Of the Community Development Director of designee, pursuant to a Mills Act
Preservation Contract with the City of San Luis Obispo for property located at
1720 Johnson Ave. Character - defining features shall include, but are not limit-
ed to: roof, eaves, dormers, trim porches, walls and siding, architectural detailing,'
doors and windows, windows screens and shutters, balustrades and railings,
foundations and surface treatment.
2 • Owner agrees to make the following improvement and/or repairs during the term of
this contract, but in no case later than 10 years. All changes or repairs shall be
Consistent with the City's Historic Preservation Program Guidelines and the
Secretary of the Interior's Standards for Historic Projects:
A • Continue a high level of building maintenance to exterior of home at 1720
Johnson Ave. Home's exterior has been completely painted in 1999.
3 • Building roof shall be repaired and maintained to match the existing
architectural design of the house. We did extensive repairs to roof in
1999 and 2000.
C - Removal and relocation of the three World War 11 structures behind 1720
Johnson as approved by City Planning Department and Architectural
Committee. This will occur, once our project commences.
D - We will be installing Victorian landscaping and irrigation to newly
defined back and side yards as our project progresses. There will be
A new wall/fencing defining the perimeter of our home which will be in
character with existing architectural features of the home.
Property shall be maintained in accordance with Zoning Regulations, and with the
City's Property Maintenance Standards.
Historic Preservation Agreement
Exhibit A
Maintenance & Improvement Measures
1720 Johnson.Avenue
Date
Ilene Sicanoff Date.
State of California }
County of San Luis Obispo }
On December 27, 2001, before me, Pamela K. King, Notary Public, personally appeared
Stephen Sicanoff and Ilene Sicanoff ( ) personally known to me or (x) proved to me on
the basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument. and acknowledged to me that they executed the same in their capacity,
and that by their signatures on the instrument the persons or the entity upon behalf of
which the persons acted, executed the instrument.
,aess m hand an official seal.
kE
@My Commiss+cn # i 227306 Notary Public - a riia San Luis Gbluo Cour'y
otary Public Comm. Expires j1J 2,20'.,3
Capacity claimed by signer(s):
(x) individual(s) ( ) corporation () partnership () attorney =iii -fact () political agency
Historic Preservation
1720 Johnson
State of California — The Resources Agency
DEPARTMENT OFPARKS)r I= REATION
�J, 1
HISTORIC RESOURCES INVENTORY
Ser. No. 0052 703R
HABS_ HAERi'_ NR 3 SHL Loc_
UTM: A 10/713-,-0, 064408
C D
IDENTIFICATION
1. Common name: Judge's House EXHIBIT B PG. l of 2
2. Historic name: Judce's House
'. Street or rural address: 1720 John c:
City San Luis Obisno ZiP Q3 ='_O1 County can Luis i�bispc
4. Parcel number: 03- 566 -22
5. Present Owner: warden, M.L. et ai. Address: 7675 nc-t Rio Rnad
Citv Atascadero Zip 93442 Ownership is: Public Private
6. Present Use: Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Craftsman
7b. Briefly describe the presentphysical description of the site or structure and describe any major alterations from its
original condition:
This residence has had major alteration to its frontal approach. Much of the
basement and first floor is made up of local stone set in random patterns.
The upper floors are nrimarily clad in shingle.. The roof line is a mixture
of gambrel wings extending slightly from the :Hain body of the house in which
there are two arched sashed 1/1 windows se arated by a small square panel. The
main roof is sloping to the street and is a mixture of gables on the upper
level third) and hipped on the second ev =_l . Alone_ the slowing front end c-
the right of the aambrel is a hipped dormer pair of sashed 1/i windows and
recessed slightly a less sloped pitched roof with a smaller window. On the
first floor the predominant building material is quarried local stone, uncut.
This material flanks the left side of the bay window under gambrel wing. On
the right side clapboard is used. Underneath the window shingle dominates. The
left of the wina is an open recessed porch that extends across the balance of
the house. Its base and balustrade of the porch is stone as is the major support
at the right side of the house and porch. The entry to the porch is to the side
re is a wide overhang extending
DP.R 523 (Rev. 4/79)
8. Construction date:
Estimated Factual 1892 -190cr
9. Architect Unknown
10, Builder
Unknown
11. Approx. property size (in feet)
Frontage 1'u` Depth .150'
orapprox. acreage.
12. Date(s) or enclosedphotograph(s)
February 1983
- EXHIBIT B PG. 2 of 2
13. Condition' Excellent R Good Fair_ Deteriorated No longer in existence - - -- --
14. Alterations:
15. Surroundings: (Check more than one if necessary) Open land —Scattered buildings X Densely built -up
Residential Industrial _Commercial Other:
16. Threats to site: None known %Private development_ Zoning _ Vandalism
Public Works project Other:
17. Is the structure: On its original site? Yes Moved( Unknown?
18. Related features: -
SIGNIFICANCE
19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.)
This house is an exceptional survivor of the Victorian Eastern Shingle style
infused with Colonial Revival and Craftsman modifications. It was constructed
between_ 1892 and 1906 for Judge E.P. Unangst and his wife, Anita Murray. Mrs..
Murray was the daughter of one of San Luis Obispo's foremost pioneers, Judge
Walter Murray. An English writer and jurist, Murray.left the East Coast with
Stevenson's Regiment in 1846 and came to San Luis Obispo about 1852. In
1869, he became a co– founder of the Tribune and served as district fudge of
San Luis Obispo and Santa Barbara counties from 1873 to 1875. The interior
of the house has a fireplace, "handbuilt by the judge." The use of stone
and shingles contributes to an effect of organicness and closeness to nature,
a central theme of the Craftsman movement. The massive gambrel roof with its
overtowering appearance and shingles are characteristic traits of the Eastern
Shingle style. Today this remarkable residence stands as one of the finest
buildings in the city.
20. Main theme of the historic resource: (If more than one is
checked, number in order of importance.)
Architecture 2 Arts & Leisure
Economic /Industrial —Exploration/Settlement
Government 1 Military
Religion Social /Education 3
21. Sources (List books, documents, surveys, personal'interviews
and their dates).
City of San Luis Obispo Historical
Element, 1977
22. Date form prepared June 15, 1983
By (name)Hi gtori c Reg- S irvpy- Staff
Organiiation Citg of San T.iig Ot,i_q];
Address: P.O. Box 321
City San Luis Obispo- Zip 93401
Phone: — (805) 541 -1000
Locational sketch map (draw and label site and
surrounding streets, roads, and prominent landmarks):
NORTH
END OF DOCUMENT
n /
ez
IIP
Recording Requested By:
City of San Luis Obispo.
When recorded, mail to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401 -3249
JULIE RODEWALD'
San Luis Obispo County— Clerk/Recorder
Recorded at the request of
Public
LO
12/19/2001
9:41 AM
u o c # : 2001098562 Titles: 1 Pages: 14
VIIIII VIII VIII VIII IIIIII
Fees 0.00 Taxes 0.00
Others 0.00
PAID $0.00
RESOLUTION NO. 9255 (2001 Series)
APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND DAVID W.
HANNINGS, OWNER OF A DESIGNATED HISTORIC RESOURCE AT
642 MONTEREY STREET, IN SAN LUIS OBISPO.
WHEREAS, the City Council of the City of San Luis Obispo is authorized by
California Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into
contracts with the Owner of qualified historical properties to provide for appropriate use,
maintenance, and rehabilitation such that these historic properties retain their historic
characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Program as an on -going historic preservation program to
implement General Plan policies encouraging the preservation, restoration and maintenance
of historic properties; and
WHEREAS, the owner possesses fee title in and to that certain qualified real
property, together with associated structures and improvements thereon, legally described as
a Portion of Lot 4, Block 9, City of San Luis Obispo (Assessors Parcel Number 002 -412-
013, located at 642 Monterey Street, San Luis Obispo, California 93401, also described as
the historic Hays/Lattimer Adobe (Hereinafter referred to as the "historic property "); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this
property as a historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Program Guidelines; and
WHEREAS, the City and owner, for their mutual benefit, now desire to enter into
this agreement to limit the use of the property to prevent inappropriate alterations and to
ensure that character - defining features are preserved and maintained in an exemplary
manner, and repairs and/or improvements are completed as necessary to carry out the
purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article
12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9,
Sec. 439 et. seq. of the Revenue and Taxation Code.
R 9255
n
Resolution No. 9255 (2001 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council
hereby approves the attached historic preservation agreement between the City of San Luis
Obispo and the owner.
SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council
hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City
of San Luis Obispo.
SECTION 3. Environmental Determination. The City Council has determined
that this historic preservation agreement is not a project, as defined by Section 15378 of the
California Environmental Quality Act and is exempt from environmental review.
SECTION 4. Recordation of the Agreement. No later than twenty (20) days
after the parties execute and enter into said agreement, the City Clerk shall cause this
agreement to be recorded in the Office of the County Recorder of the County of San Luis
Obispo.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and
on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 20'' day of November 2001.
y
Mayor Allen K. Settle
U
Lee Price, City Clerk
APPROVED AS TO FORM:
W
_�,�.
�,� ltt0
Wp-
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT
642 MONTEREY STREET, IN. THE CITY, AND THE COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this t9 day o , 2001, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City"), and David W. Hannings (hereinafter referred to as "Owner"), and collectively referred to
as the "parties."
Section 1. Description of Preservation Measures. The Owner, his heirs or assigns hereby
agree to undertake and complete, at their expense, the preservation, maintenance and
improvement measures described in Exhibit "A ", attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation, and shall remain in effect for an initial term of ten (10) years.
thereafter. Each year upon the anniversary of the agreement's effective date, such initial term
will automatically be extended as provided in California Government Code Section 50280
through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
A. Each year on the anniversary of the effective date of this agreement (hereinafter referred
to as "annual renewal date "), a year shall automatically be added to the initial term of this
agreement unless written notice of nonrenewal is served as provided herein.
B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the
City shall serve written notice of nonrenewal of the agreement on the other party. Unless
such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the
annual renewal date; one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owner may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owner of nonrenewal.
D: If either the City or the Owner serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
Historic Property Agreement
Page 2
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character - defining features, including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
doors, and other openings; interior architectural elements that are integral to the
building's historic character or significance; exterior materials, coatings, textures, details,
mass, roof line, porch and other aspects of the appearance of the building's exterior, as
described in Exhibit B, and as existing at the time this contract was entered into; to the
satisfaction of the Community Development Director or his designee.
B. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval
of the Community Development Director or his designee.
C. All building changes shall comply with applicable City specific plans, City regulations
and guidelines; and conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character -
defining architectural features such as oak and mahogany details, pillars and arches,
original hardware and fixtures, special tile work or architectural ornamentation, to the
greatest extent possible.
D. The Community Development Director shall be notified by the Owner of changes to
character - defining exterior features prior to their execution, such as major landscaping
projects and tree removals, exterior door or window replacement, repainting, remodeling,
or other exterior alterations requiring a building permit. The Owner agree to secure all
necessary City approvals and/or permits prior to commencing work.
E. Owner agrees that property tax savings resulting from this agreement shall be used for
property maintenance and improvements as described in Exhibit A.
F. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards
listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture
visible from a public way; or any device, decoration, structure or vegetation which is
unsightly due to lack of maintenance or because such feature adversely affects, or is
visually incompatible with, the property's recognized historic character, significance and
4
Historic Property Agreement
Page 3
design, as determined by the Community Development Director.
G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior
and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the owner's compliance with the terms and provisions of
this agreement.
Section 5. Furnishing of Information. The Owner .hereby agrees to furnish any and all
information requested by the City that may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285, may cancel this agreement if it determines that the
Owner have breached any of the conditions of this agreement or have allowed the
property to deteriorate to the point that it no longer meets the standards for a qualified
historic property; or if the City determines that the Owner has failed to ;preserve, maintain
or rehabilitate the property in the manner specified in Section 4 of this agreement. If a
contract is canceled because of failure of the Owner to preserve, maintain, and
rehabilitate the historic property as specified above, the Owner shall pay a cancellation
fee to the State Controller as set forth in Government Code Section 50286, which states
that the fee shall be 12 1/2% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
B. If the historic property is acquired by eminent domain and the City Council determines
that the acquisition frustrates the purpose of the agreement, the agreement shall be
canceled and no fee imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, the City shall give written notice of violation to the
Owner by registered or certified mail addressed to the address stated in this agreement. If
such a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not corrected
within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default may be commenced within thirty (30) days and shall thereafter be
diligently pursued to completion by the Owner); then the City may, without further
Historic Property Agreement
Page 4
notice, declare a default under the terms of this agreement and may bring any action
necessary to specifically enforce the obligations of the Owner growing out of the terms of
this agreement, apply to any court, state or federal, for injunctive relief against any
violation by the Owner, or apply for such relief as may be appropriate.
B. The City does not waive any claim of default by the Owner if the City does not enforce or
cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property
located at 642 Monterey Street, San Luis Obispo, California, to the covenants, reservations, and
restrictions as set forth in this agreement. The City and Owner hereby declare their specific
intent that the covenants, reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner successors and
assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed, covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and accepted subject to the covenants,
reservations, and restrictions expressed in this agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owner: David W. Hannings
642 Monterey Street
San Luis Obispo, CA 93401
Historic Property Agreement
Page 5
Section 10. General Provisions.
A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors or assigns, nor
shall such terms, provisions, or conditions cause them to be considered joint ventures or
members of any joint enterprise.
B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents,
and employees harmless from liability for damage, or from claims for damage for
personal injuries, including_ death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owner, or from those of their contractor,
subcontractor, agent, employee or other person acting on the Owner's behalf which
relates to the use, operation, maintenance, or improvement of the historic property. The
Owner hereby agrees to and shall defend the City and its elected and appointed officials,
officers, agents, and employees with respect to any and all claims or actions for damages
caused by, or alleged to have been cause by, reason of the owner's activities in connection
with the historic property, excepting however any such claims or actions which are the
result of the sole negligence or willful misconduct of City, its officers, agents or
employees.
C. This hold harmless provision applies to all damages and claims for damages suffered, or
alleged to have been suffered, and costs of defense incurred, by reason of the operations
referred to in this agreement regardless of whether or not the City prepared', supplied, or
approved the plans, specifications or other documents for the historic property.
D. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their
heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the historic property, whether by operation of law or in any manner
whatsoever.
E. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such
proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition
to court costs and other relief ordered by the court.
F. In the event that any of the provisions of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive legislation,
the validity and enforceability of the remaining provisions, or portions thereof, shall not
so
Historic Property Agreement
Page 6
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a
written recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and
enter into this agreement, the City shall cause this agreement to be recorded in the office of the
County Recorder of the County of San Luis Obispo. Participation in the program shall be at no
cost to the Owner; however the City may charge reasonable and necessary fees to recover direct
costs of executing, recording, and administering the historical property contracts.
IN WITNESS WHEREOF; the city and owners have executed this agreement on the day
and year written above. _
CITY OF S
OWNERS
TGW icl W ho'nvl frig$ Date
Date
T OF CALIFORNIA )
ss.
COUNTY OF S UIS OBISPO )
�O0 /
/ On this _/ day o 1 7, be the dersigned, a Notary Public in and
for said State, personally appeared known to me to be the mayor of
the City of San Luis Obispo, a municipal ora ' existing and organized under the laws of
the State of California.
Witness m�lfand and official
city of sAn Luis oBispo
990 Palm Street, San Luis Obispo, CA 93401 -3249
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss.
On December 11, 2001, before me, City Clerk Lee Price, personally appeared Mayor
Allen Settle known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person or the entity upon behalf of which
the person acted, executed th ' trument.
WI S ficial eal.
LEE PRICE, CMC
CITY CLERK.
/rCO, The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
vy Telecommunications Device for the Deaf (805) 781 -7410.
N
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
sh-A) 4U I's 661 spo
ss.
On SE'PT• a is',"O / before me, Srtss A-) M • 8E71"AFA, h0177yey AUA6A4C_,
Date •--�, �/ Name and The of Officer (e.g., 'Jane Doe.. Notary Public')
personally appeared ,.J AD tit HPIAJA) /N6•S
Name(s) of Signer(s)
❑ per nally known to me
proved to me on the basis of satisfactory
evidence
to be the person(d< whose name(eristlafe
subscribed to the within instrument and
acknowledged to me that he /sheAhey executed
the same in his /herftheir authorized
capacity(+®s), and that by hisillq-, 6Fieir
signature(s� on the instrument the persoriFsq, or
the entity upon behalf of which the person(.%y
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal) and reattachment of this form to /anther document.� /
Description of Attached Document yiSrc�P� �'eoPceTr '9rsexdf}770tl
Title or Type of Document:
Document Date: / Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual MEJUS
Top of thumb here
❑ Corporate Officer - Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association • 9359 Do Soto Ave., P.O. Box 2402 • Chala or h, CA 91313.2402 • v .nationalnouiry.orq Prod. No. 5907 Reorder Call Toll•Fme 1-800. 8766827
M
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 642 MONTEREY STREET, SAN LUIS OBISPO, CA
Owner shall preserve, maintain, and repair historic building, including its
character - defining architectural features in good condition, to the satisfaction of
the Community Development Director or designee, pursuant to a Mills Act
Preservation Contract with the City of San Luis Obispo for the property located at
642 Monterey Street. Character - defining features shall include, but are not limited
to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing,
doors and windows, window screens and shutters, balustrades and railings,
foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term
of this contract, but in no case later than 10 years from the date of recording of
this contract. All changes or repairs shall be consistant with the City's Historic
Preservation Program Guidelines and Secretary of the Interior's Standards for
Historic Preservation Program Guidelines and the Secretary of the Interior's
Standards for Historic Preservation Projects:
A- Rework the landscape irrigation system to improve coverage and
efficiency within one year of recording of the contract.
B. Tent the building for termites within two years of recording the contract.
C. Reseal and regrade the flat portion of the roof within two years of
recording the contract.
D. Rebuild the chimneys within three years of recording the contract.
E. Replace damaged columns, fascia, redwood gutters, balustrades etc., as
needed within fours years of recording the contract.
F. Repaint the exterior within four years of recording the contract.
G. Repaint the old gaslight pole within five years of recording the contract
H. Replace the furnace and heating ducts as necessary within six years of
recording the contract
I. Replace or repair as necessary the structural elements of the main roof
within ten years of recording the contract.
J. Continue the high level of maintenance of the garden, trees and building
exterior.
2.6
Date
L7J
lj
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of S44) XUtS 0 .6 /SYoe)
ss.
OnsefT• oX Sf A*V t before me, SIX S4-;Ou mil. B�rH�� , /{'pT/9RS�7ic6.lsC�
Date Name and Title of Officer (e.g., 'Jane Notary Publld)
personally appeared :b, *V /0 A/45L Ad/ /44-5
Name(s) of Signer(s)
Place Notary Seal Above
❑ personally known to me
E--'proved to me on the basis of satisfactory
evidence
to be the person(,s<whose name,(6f is /of&
subscribed to the within instrument and
acknowledged to me that he /shefth y executed
the same in hisf#ier/t*& authorized
capacity(ie*, and that by his /herf heir
signature(aj on the instrument the person(s), or
the entity upon behalf of which the person(s4
acted, executed the instrument.
WITNESS hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
A7A %vrro-un.NC� � N� � hlr,�,QOdGpIG N 7,1
Description of Attached Document McTi4Su BeS Fob QRof�RT," ,aoa�s�d
Title or Type of Document: r/9 6 yq M0 A;7"e ,, S7-i eer 5A,t)4 &ls 6A
Document Date: a 8� o20D /A/0 Number of Pages: U
Signer(s) Other Than Named Above: /C! e-
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
• Corporate Officer - Title(s):
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
O 1999 National Notary Association • 9350 Do Soto Ave., P.O. Box 2,102 • Cnat onn. CA 91313.2402 • w nationalrrolary.org Prof. No 5907 Reorder. Call Toll -Free 1- 800 - 976$827
State of California = The Resource_ s Agency
DEPARTMENT OF PARKS AND" ' :REATION
HISTORIC RESOURCES INVENTORY
Ser. No. 0068 -03R
NABS HAER ' NR 3 SHL Loc_
UTM: A 10/71238Qf 906.450 B
C D
IDENTIFICATION Leitcher Adobe
1. Common name: - -- -
2. Historic name: Hays - Lattimer Adobe
3. Street or rural address: - 642 Monterey Street
City San Luis Obispo Zip
4. Parcel number: 02- 412 -13
93401
County San Luis Obispo
5. Present Owner: Leitcher, R.D. and E. Address: 642 Monterey
City San Luis Obispo
Zip 93401 Ownership is: Public Private X
6. Present Use: Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Adobe and single story wood frame
7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its
origirnal condition:
This structure's roof extends out to form a porch that encircles three
sides of the originally rectangular house. very barn-like in appearance
the original structure has been remodeled and added on to with one attached
to the main house and one behind it. They are so well integrated that it
is difficult to see the separation. The front door is central and modern
with present day treatment. On either side there are French doors that open
out onto the porch which is enclosed only by an Italianate railing that
continues around the house - as the porch does too. A weather vane is atop
the main structure. The tridents of the porch are also of Italianate
keystone design. There is a door into the addition if one follows the
clapboard sided home to the left.
DFR 523 (Rev. 4/79)
8. Construction date:,
Estimated 1860 Factual
9. Architect Unknown
10. Builder Unknown
11. Approx. property size (in feet)
Frontage 110' Depth 165'
or approx. acreage
12. Date(s) of enclosed photograph(s)
December 1982
13. Condition: Excellent _Good Fair_ Deteriorated No longer existence
:j
t
14. Alterations: Wood siding exterior, side addition ~?
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings _ Densely built -up
Residential X - - Industrial _Commercial Other:.
16. Threats to site: None known %Private development_ Zoning_ Vandalism
Public Works project Other:
r
17. Is the structure: On its original site? YeS Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.)
This single story predominantly adobe residence was built before 1865.
It appears on an oil mural by Troussant known to have been painted prior
to that time. Deed title records reveal that in 1868 the house was sold
by William C. Parker to W.W. Hayes, one of the pioneer physicians in the
county. Hayes sold the property to L.M.'Kaiser in 1885 and in 1903,
B.G. Latimer purchased it. The residence remained in the possession of
the Latimer family until 1957 when it was bought by Robert Leitcher.
The adobe has thus retained the name Hayes - Latimer- Leitcher. Few mud
block dwellings survive today in San Luis Obispo as a reminder of what was -
once the predominant form of construction dating back to early Franciscan
missionary days. Today the house is a.fine example of wood sided frame
structure which Harold Kirker calls "California.Renaissance ". One of the
impressive features of this property is an exceptional garden abundant with
both fruit and flora.
Locational sketch map (draw and label site and
surrounding streets, roads, and prominent landmarks):
20. Main theme of the historic resource: (If more than one is NORTH
checked, number in order of importance.)
Architecture 1 Arts & Leisure
Economic /Industrial _Exploration/Sertlement
Government Military
Religion Social /Education 2
21. Sources (List books, documents, surveys, personal interviews
and their dates). Z
Oil Painting on display at Mission
San Luis Obispo
Deed Title Records ,.ry
S 1 ,
22. Date form prepared AIN 15 1983
By Bname) Historic Res. Survey Staff --
Organization City of San Luis Obispo
Address: P.O. Box 32.1
City San 14s 9bispo Zip
Phone. (80 5) -
END OF DOCUMENT
j�
� �� V�
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Recording Requested By:
City of San Luis Obispo.
When recorded, mail to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo. CA 93401 -3249
RESOLUTION NO. 9254 (2001 Series)
APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND DAN AND KATHY
SMITH, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT
1212 GARDEN STREET, IN SAN LUIS OBISPO.
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Program as an on -going historic preservation program to implement
General Plan policies encouraging the preservation, restoration and maintenance of historic
properties; and
WHEREAS, the owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, legally described as Lot 7 and a
portion of Lot 8, Mission Vineyard Tract, City of San Luis Obispo (Assessors Parcel Number
003 -525 -002, located at 1212 Garden Street, San Luis Obispo, California 93401, also described
as the historic McCaffrey /Goldtree House (Hereinafter referred to as the "historic property "); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this
property as a historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Program Guidelines; and
WHEREAS, the City and owner, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and
to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue
and Taxation Code.
R 9254
JULIE RODEWALD
LO
San Luis Obispo county — clerk/Recorder
12/19/2001
9:41 AM
Recorded at the request of
Public
D O e # : 2001098561
Titles: 1
Pages: 14
Fees
0.00
II I IIIIIIIIIIIIIIIIIIIIIIIIIIIII
Taxes
0.00
III IIIIII
Others
0.00
PAID
$0.00
RESOLUTION NO. 9254 (2001 Series)
APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND DAN AND KATHY
SMITH, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT
1212 GARDEN STREET, IN SAN LUIS OBISPO.
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Program as an on -going historic preservation program to implement
General Plan policies encouraging the preservation, restoration and maintenance of historic
properties; and
WHEREAS, the owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, legally described as Lot 7 and a
portion of Lot 8, Mission Vineyard Tract, City of San Luis Obispo (Assessors Parcel Number
003 -525 -002, located at 1212 Garden Street, San Luis Obispo, California 93401, also described
as the historic McCaffrey /Goldtree House (Hereinafter referred to as the "historic property "); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this
property as a historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Program Guidelines; and
WHEREAS, the City and owner, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and
to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue
and Taxation Code.
R 9254
Council Resolution No. 9254 (2001 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council hereby
approves the attached historic preservation agreement between the City of San Luis Obispo and
the owner.
SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council
hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of
San Luis Obispo.
SECTION 3. Environmental Determination. The City Council has determined that
this historic preservation agreement is not a project, as defined by Section 15378 of the
California Environmental Quality Act and is exempt from environmental review.
SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the
parties execute and enter into said agreement, the City Clerk shall cause this agreement to be
recorded in the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 20`s day of November 2001.
Mayor Allen K. Settle
ATT T:
Lee Price, City Clerk
APPROVED AS TO FORM:
<"/ A W�� -
e ey !/gefen,tfity Attomey
Jul
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i
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT
1212 GARDEN STREET, IN AL THE C A. COUNTY OF SAN LUIS OBISPO,
STATE OF
THIS AGREEMENT is made and entered into this lit day of ZerPMN-r, 2001; by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City' ), and Dan and Kathy Smith (hereinafter referred to as "Owners "), and collectively referred
to as the "parties." .
Section 1. Description of Preservation Measures. The Owners, their heirs or assigns hereby
agree to undertake and complete, at their expense; the preservation, maintenance and
improvement measures described in Exhibit "A ", attached hereto.
Section 2. Effective Date and Term of Agreement: This agreement shall be effective and
commence upon recordation, and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement's effective date, such initial term
will automatically be extended as provided in California Government Code Section 50280
through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non-renewal.
A. Each year on the anniversary of the effective date of this agreement (hereinafter referred
to as "annual renewal date "), a year shall automatically be added to the initial term of this
agreement unless written notice of nonrenewal is served as provided herein.
B. If the Owners or the City desires in any year not to renew the agreement, the Owners or
the City shall serve written notice of nonrenewal of the agreement on the other party.
Unless such notice is served by the Owners to the City at least ninety (90) days prior to
the annual renewal date, or served by the City to the Owners at least sixty (60) days prior
to the annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owners may make a written protest of the notice. The City may, at any time prior to
the.annual renewal date, withdraw its notice to the Owners of nonrenewal.
D. If either the City or the Owners serves notice to the other party of non renewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
O �J
Historic Property Agreement
Page 2
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
A. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character - defining features, including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
doors, and other openings; interior architectural elements that are integral to the
building's historic character or significance; exterior materials, coatings, textures, details,
mass, roof line, porch and other aspects of the appearance of the building's exterior, as
described in Exhibit B, and as existing at the time this contract was entered into, to the
satisfaction of the Community Development Director or his designee.
B. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owners agree to allow pre - arranged tours on a limited basis, to the approval
of the Community Development Director or his designee.
C. All building changes shall comply with applicable City specific plans, City regulations
and guidelines, and conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character -
defining architectural features such as oak and mahogany details, pillars and arches,
original hardware and fixtures, special tile work or architectural ornamentation, to the
greatest extent possible.
D. The Community Development Director shall be notified by the Owners of changes to
character- defining exterior features prior to their execution, such as major landscaping
projects and tree removals, exterior door or window replacement, repainting, remodeling,
or other exterior alterations requiring a building permit. The Owners agree to secure all
necessary City approvals and/or permits prior to commencing work.
E. Owners agree that property tax savings resulting from this agreement shall be used for
property maintenance and improvements as described in Exhibit A.
F. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards
listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture
visible from a public way; or any device, decoration, structure or vegetation which is
unsightly due to lack of maintenance or because such feature adversely affects, or is
visually incompatible with, the property's recognized historic character, significance and
Historic Property Agreement
Page 3
design, as determined by the Community Development Director.
G. Owners shall allow reasonable periodic examination, by prior appointment, of the interior
and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the owner's compliance with the terms and provisions of
this agreement.
Section 5. Furnishing of Information. The Owners hereby agree to furnish any and all
information requested by the City that may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285, may cancel this agreement if it determines that the
Owners have breached any of the conditions of this agreement or have allowed the
property to deteriorate to the point that it no longer meets the standards for a qualified
historic property; or if the City determines that the Owners have failed to preserve,
maintain or rehabilitate the property in the manner specified in Section 4 of this
agreement. If a contract is canceled because of failure of the Owners to preserve,
maintain, and rehabilitate the historic property as specified above, the Owners shall pay a
cancellation fee to the State Controller as set forth in Government Code Section 50286,
which states that the fee shall be 12 1/2% of the full value of the property at the time of
cancellation without regard to any restriction imposed with this agreement.
B. If the historic property is acquired by eminent domain and the City Council determines
that the acquisition frustrates the purpose of the agreement, the agreement shall be
canceled and no fee imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, the City shall give written notice of violation to the
Owners by registered or certified mail addressed to the address stated in this agreement.
If such a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not corrected
within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure
the breach or. default may be commenced within thirty (30) days and shall thereafter be
diligently pursued to completion by the Owners); then the City may, without further
I
Historic Property Agreement
.Page 4
notice, declare a default under the terms of this agreement and may bring any action
necessary to specifically enforce the obligations of the Owners growing out of the terms
of this agreement, apply to any court, state or federal, for injunctive relief against any
violation by the Owners, or apply for such relief as may be appropriate.
B. The City does not waive any claim of default by the Owners if the City does not enforce
or cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owners may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owners hereby subject the historic property
located at 1212 Garden Street, San Luis Obispo, California, to the covenants, reservations, and
restrictions as set forth in this agreement. The City and Owners hereby declare their specific
intent that the covenants; reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owners successors
and assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed, covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and accepted subject to the covenants,
reservations, and restrictions expressed in this agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owners: Dan B. Smith ETAL
!_765_Mesa View Drive, Sp. 247
Arroyo Grande, ' CCA 93420
— — --
Kathleen Smith
3057 South Higuera Street #75
San Luis Obispo, CA 93401
Historic Property Agreement
Page 5
Section 10. General Provisions..
A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors or assigns, nor
shall such terms, provisions, or conditions cause them to be considered joint ventures or
members of any joint enterprise.
B. The Owners agree to hold the City and its elected and appointed officials, officers, agents,
and employees harmless from liability for damage, or from claims for damage for
personal injuries, including death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owners, or from those of their contractor,
subcontractor, agent, employee or other person acting on the Owner's behalf which
relates to the use, operation, maintenance, or improvement of the historic property. The
Owners hereby agree to and shall defend the City and its elected and appointed officials,
officers, agents, and employees with respect to any and all claims or actions for damages
caused by, or alleged to have been cause by, reason of the owner's activities in connection
with the historic property, excepting however any such claims or actions which are the
result of the sole negligence or willful misconduct of City, its officers, agents or
employees.
C. This hold harmless provision applies to all damages and claims for damages suffered, or
alleged to have been suffered, and costs of defense incurred, by reason of the operations
referred to in this agreement regardless of whether or not the City prepared, supplied, or
approved the plans, specifications or other documents for the historic property.
D. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their
heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the historic property, whether by operation of law or I in any manner
whatsoever.
E. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such
proceeding may recover all reasonable attorney es fees to be fixed by the court, in
addition to court costs and other relief ordered by the court.
F. In the event that any of the provisions of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive legislation,
the validity and enforceability of the remaining provisions, or portions thereof, shall not
a
Historic Property Agreement
Page 6
be affected thereby.
G. This agreement shall be construed and governed in accordance with the laws of the State
of California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a
written recorded instrument executed by the parties hereto..
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and
enter into this agreement, the City shall cause this agreement to be recorded in the office of the
County Recorder of the County of San Luis Obispo. Participation in the program shall be at no
cost to the Owners; however the City may charge reasonable and necessary fees to recover direct
costs of executing, recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and the Owners have executed this agreement on the
day and year written above.
CITY OF SAN LUIS B P
Allen K. Settle, Mayor Date
OWNERS
GG{ y Y{1. 1'YI l i-i�l Date
Z 2 /mil
�0. h 17j SYYt i �l Date
ST A CALIFORNIA )
ss.
COUNTY OF SAN L ISPO )
On this day of 1, be me, the undersigned, a Notary Public in and
for said State, personally appe known to me to be the mayor of
the City of San Luis ON a municipal corporation 'sting and organized under the laws of
the State of Califo
Witness my hand and official seal,
,y)
KWGry
= son Luis obis Cam!y p
f Ay Cc. E Rh c 4j
xnm
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�r
City of SAn Luis OBISPO
990 Palm Street, San Luis Obispo, CA 93401-3249
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
ss.
On December 11, 2001, before me, City Clerk Lee Price, personally appeared Mayor
Allen Settle known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person or the entity upon behalf of which
the person acted, executed thq-�rtstrument.
S n* haW and gfficia,Y seal.
LEE PRICE, CMC
f`TTV_Pi L'DTI' .
/rCO, The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
v` Telecommunications Device for the Deaf (805) 781 -7410.
State of California
County of San Luis Obispo )
� 1
On December 7, 2001, before me, Diane R. Stuart, Notary Public, personally appeared
Kathleen M. and Dan B. Smith, ( ) personally known to me or ( X ) proved to me on
the basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
capacities, and that by their signatures on the instrument the persons or the entity upon
behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
Notary •
( X ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency
Exhibit A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
1212 GARDEN STREET, SAN LUIS OBISPO, CALIFORNIA.
1. Owner shall. preserve, maintain, and repair the historic building, including its character -
defining architectural features in good condition, to the satisfaction of the Community
Development Director or designee, pursuant to a Mills Act Preservation Contract with the
City of San Luis Obispo for property located at 1212 Garden Street. Character = defining
features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and
siding; architectural detailing, doors and windows, window screens and shutters, balustrades
and railings, foundations, and surface treatments.
2. Owner agrees to follow the following maintenance program and to make the following
improvements and/or repairs during the term of this contract, but in no case later than ten
years from the date of recording the contract with the County Recorder. All changes or
repairs shall be consistent with the City's Historic Preservation Program Guidelines and the
Secretary of the Interior.ess Standards for Historic Preservation Projects:
a. Continue a high level of building and landscape maintenance that will entail exterior
repainting of the building within 10 years of recording the Mills Act contract.
b. Replace the roof, including front gable shingles.
c. Remove Eucalyptus tree at rear of building that is pushing building and deck, or
modify building to accommodate tree.
d. Remove hedge (now appearing as 40 foot tall trees) and replace with appropriate
trees, to approval of the City.
e. Repair and replace windows as needed.
f. Inspect for and repair termite damage, as needed.
g. Restore and paint ornanmental wrought iron fence at front of property.
h. Repair, paint and maintain fence around property.
i. Repair and resotre original trim, porches and bay windows and architectural features
around the building.
j. Repair and maintain HVAC and fire protection systems that were installed when the
building was restored 14 years ago:
3. Property shall be maintained in accordance with Zoning Regulations and with the City's
Property Maintenance Standards.
OWNERS
/ / ?1O./ _
Date
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Date
jh/ L: mi11sact/ millsactresandcontract .1212Garden
W1. 11WFI'd- inc nvzuu,�u�.,erncy
DEPARTMENT OF PARKS AND RECREATION
Ser.No.
NABS_ HAEF N�1- ¢_ SHL LOC_
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UTM: A 10/71 700/ 9 gpg
HISTORIC RESOURCES INVEiv TORY
C
D
IDENTIFICATION McKeen House
1. Common name:
- - - - - -- - -- --
oc.v
M ey House
6rvlW ree —Me Ca trey Hoag° -
2. Historic name:
3. Street or rural address: 1212 Garden Street
Cites San Luis Obispo
93401 San Luis Obispo
Zip
County
4, Parcel number: 03- 525 -02
� K y- f %.r� ivt � _ 1212 A. ✓' 2K
5. Present Owner:Z'ZT�hnAddress:
c/o Farrell Smythe
et al. -
City San Luis Obispo Zip
93401 Ownership is: Public Private X
6. Present Use: Multiple Residences
Original user Residential
DESCRIPTION
7a. Architectural style: Italianate
7b. Briefly describe the present physical description of
the site or structure and describe any major alterations from its
original condition:
This two story wood structure has a rectangular plan. It has intricate
wood detailing and four finials along the top of the roof. A wrought iron
fence encloses the front yard. Originally built as a single family residence,
it is now an apartment house. The integrity of the structure is intact, with
only minor alteration to the interior.
DPR 523 (Rev. 4179)
8. Construction date
Estimated Factual -
9. Architect Unknown
10. Builder Steven Grimm
11. Approx. property size (in feet)
Frontage 80 1 Depth 120'
orapprox. acreage
12. Dates) of enclosed photograph(s)
October 1982
13. 'Condition: Excellent _Good ;Fair R Deteriorated _ No longer in, tence
14. Alterations: Second story added in 1908 converted into apartments in 1920- 1930's
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_ Densely built -up
Residential X Industrial _Commercial X Other:
16. Threats to site: None known X Private development_ Zoning_ Vandalism
Public Works project _ Other:
17. Is the structure: On its original site? Yes. Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the.site.)
This house is a rather unusual two story Italianate house with more
Queen Anne and Eastlake influence than typical Italianate decor. It is known
q Drµ historically as the dcC ffeW House. County.Courthouse records show
,V(,C _ that this plot of land was sold to Katheryn McCaffery in June 1898.
{Mye Probably constructed in the same year , Sanborn maps confirm that it was
built between 1891 and 1903. Local residents claim that a carpenter named
Steven Grimm built the house for the McCafferys around 1898. At some
later point (possibly the 1920's or 1930's) it was converted into apartments.
A building permit dated March 2, 1908 clearly lists Mrs. P.J. (Kathryn) McCaffery
as petitioner to add a wood story to her building dwelling for $2000. Visual
inspection of the house does suggest the fact that the second story was
probably added about ten years after the original house was finished.
0
Main theme of the historic resource: (If more than one is
checked, number in order of importance.)
Architecture 1 Arts & Leisure
Economic /Industrial _Exploration /Settlement
Government Military
Religion Social /Education
21. Sources (List books, documents, surveys, personal interviews
and their dates).
City Building Permits (1908)
Discovering San Luis Obispo County
by Carlton Winslow
22. Date form prepared JUG 17 19$3
By (name) Historic Res. Survey Staff
Organization City of San Luis Obispo
Address: P.O. Box 321
City Sari Luis Obispo Zip 93401
Phone: (805) 541 -1000
Locational sketch map (draw and label site and
surrounding streets, roads, and prominent landmarks):
NORTH
i
END OF DOCUMENT
W
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RESOLUTION NO. 9253 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION TO COMPLETE CONDITIONS OF
RESOLUTION NO. 9132 (2000 SERIES) RELATING TO THE ABANDONMENT OF
PORTIONS OF OLIVE AND MORRO STREETS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with the public hearing duly held on November 21, 2000,
pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds
and determines that portions of Olive (formerly Fig) and Morro Streets [between Highway 101,
Chorro St., Stenner Creek and Olive St. (formerly Osos St.)], as described and shown on Exhibit
"A ", attached hereto and incorporated herein, is not necessary for present or future public street
purposes.
SECTION 2. This Council has determined that the Olive St. right of way, within the
proposed abandonment area, is hereby deemed to be "excess property" and may be quit - claimed
only to the adjacent property owner upon receipt of payment of fair market value, to the
satisfaction of the City Administrative Officer.
SECTION 3. Section 3 F of Resolution No. 9132 (2000 Series) states that Items D and E
must be met within one year or that resolution will be null and void and, based on negotiations
currently underway between City staff and the adjacent property owner which may be more
beneficial to the City than simply selling the excess City -owned right of way.
SECTION 4. This Council hereby approves a one (1) year time extension to Section 3 F to
allow the property owner to complete Conditions D and E, as prescribed in the aforesaid
Resolution No. 9132 (2000 Series). All other provisions of the said resolution will remain.
On motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20'' day of November 2001.
R 9253
n
Resolution No. 9253 (2001 Series)
Page 2
ATT S
CITY CLERK Lee Price
APPROVED AS TO FORM:
/Yk7/Rf frey G. Jorgensen
n
I I
r
O
RESOLUTION NO. 9252 (2001 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE SOLE SOURCE PROCUEMENT TO COMPLETE COACH WORKS
TO PURCHASE AND INSTALL WHEELCHAIR LIFTS ON CITY BUSES
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO
Transit;
WHEREAS, the City is required to provide and maintain accessible public transit
coaches pursuant to the Americans with Disabilities Act (CFR 49 Part 37);
WHEREAS, the City has identified four transit coaches with unreliable and obsolete
wheelchair lifts and the need to purchase and install new wheelchair lifts on these transit
coaches;
WHEREAS, the City has secured funding from the 2000 State Transportation
Improvement Program for the purchase and installation of wheelchair lifts on four city transit
coaches;
WHEREAS, the City can procure and install the new wheelchair lifts in accordance to
the sole source guidelines from the Federal Transit Administration; and,
WHEREAS, Complete Coach Works is a qualified and reputable company in the State
of California that rehabilitates transit coaches and can complete this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo:
SECTION 1. Approve sole source procurement with Complete Coach Works to
purchase and install wheelchair lifts on four SLO Transit Orion Buses.
SECTION 2. Authorize the Public Works Director or his designee to negotiate a
contract with Complete Coach Works for the purchase and installation of wheelchairs on four
SLO Transit Orion Buses for the amount not to exceed $133,350.
SECTION 3. Authorize the CAO to execute a contract with Complete Coach Works for
the purchase and installation of wheelchairs on four SLO Transit Orion Buses for the amount not
to exceed $133,350.
On motion of Council Member Marx, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
R 9252
0 0
Resolution 9252 (2001 Series)
Page 2
The foregoing resolution was passed and adopted this Oh day of November 2001.
Allen Settle, Mayor
ATTEST:
ME
Lee Prue, City Clerk
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C, 0
RESOLUTION NO. 9251 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING FEES AND COSTS TO BE PAID BY
SPONSORS OF SPECIAL EVENTS
WHEREAS, the City of San Luis Obispo welcomes non - commercial special events, as
defined in Ordinance No. 1345 (1998), providing cultural, educational, recreational and
entertainment opportunities which can be appreciated by both residents and visitors, and
WHEREAS, the City places a high level of importance that such events be planned and
carried out in a careful and consistent manner with equitable treatment of event sponsors; and
WHEREAS, the City must assure that the community does not assume a
disproportionate share of the costs of non - commercial special events, and
WHEREAS, the City also allows commercial special events, as defined in Ordinance
No. 1345 (1998) and must assure that the community does not assume any costs of such events.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. All special event sponsors, commercial and non - commercial, will pay an
event permit fee of $50.00 to partially cover the administrative costs of issuing the permit.
SECTION 2. Consistent with adopted cost recovery policies, this fee will be reviewed
and updated on an ongoing basis. Accordingly, it will be adjusted annually on July 1 of each
year by the annual percentage change in the U.S. Bureau of Labor Statistics (or successor
agency) consumer price index for all urban consumers (CPI -U) all- cities average for the prior
calendar year; and it will be included in the comprehensive analysis of City fees that is made at
least every five years.
SECTION 3. The City of San Luis Obispo will assume the cost for all services listed as
"City Provided Services" (no cost to sponsor) in Exhibit A for all non - commercial special
events.
SECTION 4. All applicable costs indicated as "Sponsor Paid Costs" in Exhibit A will be
charged to each non - commercial special event.
SECTION 5. The amount of "Sponsor Paid Costs" for non - commercial special events
will be determined as follows:
a. Regular Employees. The hours worked multiplied by the labor rates as established by
the Director of Finance and set forth in Section 520 of the City's Revenue
Management Manual
b. Temporary Employees. The hours worked multiplied by the labor rates based upon
the current salary, plus any appropriate benefit costs.
R 9251
Resolution 9251 (2001 Series)
Page 2
c. Non -City Employees. Labor rates charged by any outside agency contracted to
provide assistance, (e.g. the San Luis Obispo County Sheriff's Department, California
Highway Patrol).
d. Other charges. Other direct costs for rentals, supplies or services incurred by the
City.
SECTION 6. The City will absorb the first $1,000 of all "Sponsor Paid Costs" for each
non - commercial special event. Sponsors will be required to pay any "Sponsor Paid Costs" in
excess of $1,000. This deductible may be adjusted periodically by the Council as part of the
City's Master Fee Schedule.
SECTION 7. Commercial special events sponsors, as defined in Ordinance No. 1345
(1998), will pay 100% of all City services costs. A vendor charge of 10% will be assessed for
non - commercial sponsors using City facilities for money - raising activities.
SECTION 8. City staff will provide all event sponsors with a detailed budget of the
amount of "Sponsor Paid Costs" the sponsor must actually pay as soon as possible after the
special event application is received. This budget will become a fixed cost, and will not be
subject to revision. Actual final costs are unlikely to be different from this budget, as it will be
the basis for scheduling resources; and event sponsors will not be surprised by any last minute
cost changes. This practice will provide the City with reasonable cost recovery, while providing
cost predictability to event sponsors. Payment in full of this cost is due to the City ten days
before the event.
SECTION 9. The terms of this resolution shall become effective at 12:01am on January
1, 2002.
Upon motion of Vice Mayor Ewan, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted on this 6`s day of
ATTEST:
Lee Price, City Clerk
O
Resolution 9251 (2002 Series)
Page 3
APPROVED AS TO FORM:
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Exhibit A
CITY -WIDE SPECIAL EVENTS Resolution No. 9251
COSTS and SERVICES
City Provided Services
Event review and processing
Insurance and risk review
Fire Inspection
Basic police services
Monitor training
Public Works Maintenance required service review
Barricades self - pickup /setup w /$100 deposit
Parking review and fee losses
Engineering route reiew
Transit route review
Sponsor Paid Costs (charged against the deductible)
X= Sponsor must pay
*= Need will be determined by City Staff
C /O= City provided or approved Outside resource may be used (sponsor must pay)
WA= Not Applicable in most cases
A/C= Actual Cost
@ @= Portable Restrooms available for City sponsored or co- sponsored events only
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13
RESOLUTION NO. 9250 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING DESIGN GUIDELINES FOR LARGE -SCALE RETAIL PROJECTS
WHEREAS, the Land Use Element of the General Plan of the City of San Luis Obispo,
adopted on August 1999, sets forth goals, policies and programs to: develop and maintain a
pleasant and harmonious environment; promote and enhance real property values; conserve the
city's natural beauty; preserve and enhance its distinctive visual character; and insure the orderly
and harmonious development of the city with attention to site planning and exterior appearance of
public and private structures; and
WHEREAS, the City of San Luis Obispo desires to have specific guidelines for large -
scale retail development because of the potentially significant aesthetic impacts that their large
scale can have on particular sites and more globally on the character of the community; and
WHEREAS, the guidelines for large -scale retail development are intended to provide
specific guidelines and requirements to assist developers in designing these types of projects in
order that they will be more acceptable to the decision- makers reviewing them, and ultimately
better received by the entire community; and
WHEREAS, the guidelines for large -scale retail development are ultimately intended to
be a component of the comprehensive guidelines and used in conjunction with other chapters;
and
WHEREAS, the City Council conducted a public hearing on November 6, 2001, and has
considered the testimony of interested parties, the records of the Architectural Review
Commission hearings and action, and the evaluation and recommendation of staff.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Approval. The guidelines for large -scale retail development, attached to
this resolution as Exhibit A, are hereby approved.
Upon motion of Vice Mayor Ewan, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
R 9250
0 0
Resolution No. 9250 (2001 Series)
Page 2
The foregoing resolution was adopted this 6 h day of November 2001.
Lee Price, City Clerk
APPROVED AS TO FORM:
Mayor Allen Settle
c-
Luis
Design Guidelines for Large -Scale Retail Projects
The City of San Luis Obispo welcomes retail commercial development projects that are
pedestrian- oriented, of "human scale," and reflect the architectural styles and features common
in the City's most attractive commercial areas. Large - scale, monolithic "big -box" structures
surrounded by extensive parking lots are not considered acceptable. These guidelines describe
the City's expectations for quality and excellence in the design of large -scale retail projects. For
the purposes of these guidelines, "large -scale retail projects" are those with an individual
building in excess of 40,000 square feet.
A. Use of guidelines. These design guidelines will be used by the Architectural Review
Commission in the review of large -scale retail projects (additions, remodeling, relocation,
or new construction).
1. The design elements of each project (including site design, architecture, landscaping,
signs, and parking design) will be reviewed on a comprehensive basis. The City's
other design guidelines dealing with signs, landscaping, and parking shall also be
addressed whenever applicable.
2. The ARC may interpret these design guidelines with some flexibility in their
application to specific projects, as not all design criteria may be workable or
appropriate for each project. In some circumstances, one guideline may be relaxed
to facilitate compliance with another guideline determined by the ARC to be more
important in the particular case. The overall objective is to ensure that the intent and
spirit of the design guidelines are followed.
I The graphics included in these guidelines are intended to be illustrative, but not
prescriptive.
B. Site planning. Project site planning should emphasize pedestrian- oriented features, even
though most customer trips to these facilities may be by auto.
1. The layout of buildings and parking
on the site should emphasize a
strong relationship to adjoining
streets, and encourage pedestrian
circulation and access between the
buildings and the street. Buildings
should be placed near the street
frontage on streets with slower
traffic speeds and a pedestrian
orientation, but may be located
farther from a wide street with
higher traffic speeds. Given the
local climate, the placement of
buildings should also consider solar
orientation, and the protection of
outdoor pedestrian areas from the
wind. See Figure 1.
rigure i - rmpt►asu:e xeiauonstup wiLm Street,
Locate Most Parking to the Side or Rear of Building
November 2001
2. Site planning should include an
outdoor use area or focal point
adjacent to major building entrance.
The area should provide public
amenities such as a water feature,
benches, landscaped areas, public
square, etc. Projects with two or
more structures should group the
buildings to define this space. See
Figure 2.
93
When the site is located on a street
or road identified as scenic in the
Circulation or Open Space Element,
the building layout should also
provide views through the property
to the background hills and /or
other natural features highlighted
by the Circulation or Open Space Element.
Retail
rigure z - create a rocal romt
4. Building walls visible from Highway 101 should be stepped instead of appearing as
a single continuous plane, and allow for clusters of evergreen trees and other .
extensive plantings in the foreground. See Figure 6 (page 6).
C. Parking areas. Parking lots should be designed to be equally pedestrian and vehicular
oriented, as follows. See Figures 3 and 4.
1. Location and design of parking. Parking should not be the dominant visual element
of a site. Large, expansive paved areas between the building and the street are to be
avoided in favor of smaller multiple lots separated by landscaping or buildings, or
located to the sides and rear of buildings. No more than 50 percent of the parking
required for a building may be located between the building and the street.
2. Landscaping. Parking areas should include substantial landscaping, including trees
planted in an "orchard" layout. See Figure 3.
3. Pedestrian routes. Safe and direct pedestrian routes should be provided through
parking areas to primary entrances, and designed as noted under "Pedestrian
Circulation."
4. Overflow and employee parking. Where appropriate because of site characteristics,
surrounding land uses, and project site planning, parking areas intended for
employees and peak - season overflow may be allowed to have screening perimeter
landscaping only, with no internal plantings, provided that these parking areas are
located behind the main structures and not readily visible from streets or residential
areas.
5. Shopping carts. Parking areas shall include shopping cart corrals where carts can be
dropped -off without obstructing vehicle or pedestrian traffic movement, or being left
in landscape planter areas.
November 2001
2
City of San Luis Obispo Design Guia...ries - Large-Scale Retail Projects
Figure 3 - Examples of Parking Lot and Pedestrian Circulation features
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Figure 4 - Examples of Parking Lot and Pedestrian Circulation Features
November 2001
3
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D. Pedestrian circulation and amenities. It is the nature of large retail uses that most
customers arrive by car and make purchases that could not be carried home by foot or bike.
Nevertheless, the large parking lots in these projects cause much of the customer's
experience to be as a pedestrian, often walking long distances from car, to entrance and
back. Safe accommodation for pedestrians is essential and must be an integral part of site
design
1. Sidewalks at least eight feet in width shall be provided along all sides of the lot that
abut a public street.
2. Sidewalks must be provided along the full length of the building along any facade
with a customer entrance, and along any facade abutting a parking area. The
sidewalks must be located at least six feet from the facade to provide area for
landscaping, except where the facade incorporates pedestrian- oriented features such
as pedestrian entrances or ground floor windows. Sidewalks should be eight feet
wide, exclusive of any area planned for outdoor display or storage. The sidewalks
should have wells for canopy trees at 30 -foot intervals along the sidewalk edge
adjacent to parking areas or vehicle access ways, so that the combination of building
wall, sidewalk, and trees provide an enhanced pedestrian experience. See Figures 4
and 5.
3. Pedestrian walkways within the site should provide a weather protection feature
such as an awning within 15 feet of all customer entrances. See Figure 5.
4. Pedestrian walkways within the site must be distinguished from driving surfaces
through the use of special pavers, bricks, or colored/ textured concrete to enhance
pedestrian safety and the attractiveness of the walkways. Pedestrian circulation in
parking areas should be parallel to traffic flow toward building entrances, and
separated from drive aisles within 50 feet of entrances. Sidewalk landings should be
provided and extended between parking spaces where needed to connect pedestrians
to walkways. See Figures 3 and 4.
November 2001
4
City of San Luis Obispo Design Guideunes - lmxe -Scale Retail Projeds
E. Building design. Building design shall be site - specific, and incorporate design themes and
features reflecting San Luis Obispo's character and history. Building details should relate
to the scale of pedestrians as well as passing motorists. The tendency of many "big -box'
retail chains is to replicate a corporate or generic aesthetic, often treating the building
elevations much like large, scale -less billboards. The lack of human scale and absence of
architectural character or local connection serve to emphasize a disconnection between the
chain store and the community. These conventional approaches to large -scale retail design
are unacceptable in San Luis Obispo.
Canopy o'ver
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Figure 5 - Examples of Building Design Features
1. Entrances. Each side of a principal building facing a public street should feature at
least one customer entrance. Where a principal building directly faces more than two
abutting streets, this requirement should apply only to two sides of the building. The
use of a corner entrance will satisfy the entrance requirement for only one side of the
building.
Customer entrances must be clearly defined and highly visible, with features such as
canopies or porticos, arcades, arches, wing walls, and integral planters. See Figure
5.
Z Exterior wall materials. Predominant exterior building materials must be of high
quality. Examples of these materials include brick, wood, stone, tinted /textured
November 2001
5
n n
City of San Luis Obispo Design Guidelines - large -Scale Retail Projects
stucco, and tile accents. Smooth or split -faced concrete masonry units, tilt -up
concrete panels, or prefabricated steel panels should generally be avoided for
expansive wall surfaces, but may be appropriate in limited areas as building accents.
See Figure 5.
a. Building walls should incorporate the same quality and level of detail of
ornamentation on each elevation visible from a public right -of -way.
b. Building facade details and materials should be authentic, and integrated into
building design, and should not be or appear as artificial "glued /tacked -on"
features, such as trellises that do not support plant materials, encouraging the
perception of low quality.
See also guidelines E.3.c below regarding wall design details.
3. Wall design. All building walls, especially those visible from public roadways or
residential areas should be designed to break up the appearance of a box -like
structure. See Figure 6.
tigure 6 - Break -up the Appearance or a rsox -r.rke btructure
a. Facade articulation. Include extensive facade articulation in the form of
horizontal and vertical design elements to provide variations in wall plane
and surface relief, including providing a variety of surface textures, recesses
and projections along wall planes. Facades greater than 100 feet in length
should incorporate recesses or projections at least 20 feet deep along at least
30 percent of the length of the facade. Ideally, these recesses or projections
should accommodate secondary uses /liner shops, and / or reflect the different
internal functions of the store. See Guideline E.6 (page 9), and Figures 6 and
7.
November 2001
6
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Figure 7 - Examples of Wall Features
b. Ground floor windows. Ground floor windows are highly encouraged.
These should ideally provide pedestrians with views into the building, but
even display windows can improve the pedestrian experience of the building
at the street or sidewalk.level. See Figures 7 and 8.
C. Design details. A variety of building and wall features should be used, in
ways that avoid a cluttered appearance. These may include varying colors,
reveals, an external wainscot or bulkhead at the building base to reduce
apparent bulk, cornices and parapet details, and moldings_. The features
should employ a variety of materials as appropriate for the architectural style.
See also guideline E.2 above regarding exterior materials.
Bulkheads should be constructed of a durable material other than stucco, such
as tile, brick, rock, or pre -cast concrete. Windows, awnings, and arcades must
total. at least 60 percent of the facade length abutting a street. See Figure 8.
d. Corporate identification. Colors or logos identified with an individual
company should be employed as building accent features, and not used as the
main or dominant architectural feature of any wall.
e. Colors. Large areas of bright, intense colors should generally be avoided.
While more subdued colors usually work best for large facade areas, brighter
accent colors may be appropriate for trim, windows, doors, and other key
architectural elements. Bold stripes of color are not an adequate substitute for
architectural detailing.
November 2001
City of San Luis Obispo Design Guide nes - Large -Scale Retail Projects
Figure 8 - Facade Articulation, building and Wall Features, Windows, Vertical Wall Articulation
4. Vertical wall articulation. The height of building walls facing streets or on -site
pedestrian areas should be varied so that the vertical mass is divided into distinct,
human - scaled elements. See Figure 8.
a. Except on a pedestrian- oriented public street where buildings are at the back
of the sidewalk, structures over 20 feet in height (typical for structures of two
stories or more) should step -back the building mass at least five feet for the
portions of the structure above 14 feet (or the height where an actual second
story begins) to provide visual variation.
b. The facade of the areas stepped -back above the actual or apparent first floor
should include detailed building articulation with windows, eaves, and
decorative details such as tiles, wood trim, etc. as appropriate. It is also
important that the facade below the step -back have a substantial structural
appearance, and not simply appear as an awning "tacked -on" to the building.
C. Building facades that are tall for no functional reason, have little surface
articulation or relief, and are simply intended to provide high, visible surfaces
for tenant signage are not appropriate.
5. Roof lines. The roof lines should also be varied
to break up the mass of the building. Pitched
roofs with roof overhangs proportional to the
scale of the adjoining building wall are
encouraged. Major roof - mounted equipment
should not be visible from off the site. Cornices
and decorative parapets should be utilized to
conceal flat roofs and to screen any roof -
mounted mechanical equipment. The height of
mechanical equipment shall not exceed that of
8
Figure 9 - Equipment Screening
November 2001
City of San Luis Obispo Design Guidewies - Large-Scale Retail Projects
the parapets or other roof features intended to screen the equipment. Enclosures,
blinds, or other architectural treatment may be necessary to screen roof equipment
visible from residences or public areas. See Figures 8 and 9.
6. Location of secondary uses. Secondary uses or departments including pharmacies,
photo finishing /development, snack bars, dry cleaning, offices, storage, etc., should
be oriented to the outside of the building by projecting them outward or recessing
them inward. This includes providing the individual uses with separate entrances
and windows facing the outside of the building. The intent is to break up the
appearance of the large, primary building with more human-scale elements. Food
courts /bars should provide indoor and sheltered outdoor eating areas with tables,
chairs, umbrellas, etc. See Figure 10.
Figure 10 - Break -up Facade with Secondary Uses
7. Design continuity. Large -scale retail projects shall incorporate elements to visually
unify the buildings and signage without creating monotony. Buildings on separate
pads should maintain the overall architectural character of the site, but at the same
time architectural variety is encouraged.
F. Loading areas. Loading docks, trash collection areas, outdoor storage, and similar facilities
should be incorporated into the overall design of the building and landscaped, so that the
visual and acoustic impacts of these functions are fully contained, and out of view from
adjacent properties and streets. Any screening materials must be of the same quality and
appearance as those used on the building itself.
G. Landscaping. Landscaping that complements and is in scale with the building should be
provided adjacent to structures. Landscaping should include evergreen trees, shrubs and
ornamental landscaping (and berms where appropriate) with all landscape areas having
a minimum width of six feet. Landscaping should be used to create a focal point near front
building entrances. Sidewalks and other walkways should also be integrated with
landscape areas around building base and in parking lot areas. Trees should be planted in
November 2001
City of San Luis Obispo C, Design Ga iu..,ne s - Lame -Scale Retail Projects
notable clusters within larger planting areas, and not exclusively in lines along building
facades.
H. Outdoor lighting. The design, size, and placement of outdoor lighting fixtures on
buildings and in parking lots should be in keeping with the architectural style of the
buildings. More, smaller -scale parking lot lights instead of fewer, overly tall and large
parking lot lights should be installed. Outdoor light fixtures mounted on building walls
should relate to the height of pedestrians and not exceed eight to 10 feet. All light fixtures
should be directed downward and shielded so that the light.source itself is not visible.
I. Signs.
Proposed large -scale retail projects shall include a comprehensive program that
effectively integrates signage into the project design.
2. Signs for these projects, and the buildings themselves, should not be designed to be
freeway - oriented.
3. Along with typical auto-oriented wall and freestanding signage, permanent,
pedestrian- oriented window, awning, projecting, and suspended signs should also
be provided.
November 2001
10
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