HomeMy WebLinkAbout9594-9599RESOLUTION NO.9599 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A FLAG DISPLAY POLICY
FOR CITY FACILITIES
WHEREAS, flags are currently displayed at half-staff when a day of mourning has been
declared on the national, state or local level; and
WHEREAS, the City of San Luis Obispo has no formal policy addressing flag display for
City facilities, and therefore past practices have been inconsistent, at best; and
WHEREAS, the City of San Luis Obispo desires to standardize practices relative to
displaying flags within the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that future practices regarding the display of flags at City facilities shall be governed by the Flag
Display Policy for City Facilities, herein attached as Exhibit A.
Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Settle, Vice Mayor Schwartz, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17`s day of August, 2004.
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David F. Romero, Mayor
ATTEST:
Diane Reynolds
Acing City
APPROVED AS TO FORM:
R9599
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FLAG DISPLAY POLICY FOR CITY FACILITIES;
Policy:
1. The City of San Luis Obispo will use the Federal Flag Code for general flag.etiquette.
2. The City will lower flags to half-staff for the following reasons:
2.1. When a national day of mourning has been declared by the President of the United
States.
2.2. When a day of mourning has been declared by the Governor for the State of California.
2.3. On Memorial Day and Peace Officers Memorial Day.
2.4. When the Mayor, in consultation with the City Administrative Officer (CAO), directs
that the flags be lowered to half-staff because of the death of a prominent citizen or
current or former Mayor or City Councilmember.
2.5. When an employee has died in the line of duty.
2.6. Consistent with public safety agency custom, the Police Chief and Fire Chief may
declare that flags be flown at half-staff at their respective department facilities to
recognize the death of any law enforcement agent or firefighter regardless of
community. See 3.2 below for length of time a flag is flown at half-staff.
3. With regard to the length of time a flag is flow at half-staff, the following will apply:
3.1 For a national or state day of mourning, length of time shall be consistent with federal or
state protocol;
3.2 For a City day of mourning, length of time shall be determined by the Mayor, but shall
be no longer than from the date of death or the first working day after the date of death
through the date of the memorial service.
4. Flags should never be lowered to express policy or political positions.
Process:
1. The Mayor, in consultation with the CAO, is authorized to declare that City flags fly at half-
staff.
2. The CAO will notify via email all City employees when and why flags are being flown at
half-staff, so that employees, if necessary, can explain to citizens who ask why the flag is
flying at half-staff.
3. Following a declaration, flags will be flown at half-staff at all City facilities with flag
displays for the duration specified. (Note exception 2.6)
4. Each Department Head (or designee) is responsible for implementing the declaration in their
respective department.
RESOLUTION NO.9598 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A PLAQUE POLICY FOR
PROJECTS OF SIGNIFICANCE
WHEREAS, plaques and markers are oftentimes used to acknowledge decision makers and
participants involved with City capital improvement projects of "special significance"; and
WHEREAS, the City of San Luis Obispo has no formal policy addressing the installation of
plaques on City projects, and therefore past practices have been inconsistent, at best; and
WHEREAS, the City of San Luis Obispo desires to standardize practices relative to the
installation of plaques.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that future practices regarding the placement of plaques on City capital improvement projects of
"special significance" shall be governed by the Plaque Policy for Projects of Significance, herein
attached as Exhibit A.
Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of August, 2004.
David F. Romero, Mayor
ATTEST:
Diane Reynolds
Acting Cit
APPROVED AS TO FORM:
Johathai,rP. Lowell
R9598
PLAQUE POLICY FOR PROJECTS OF SIGNAFICANCE
Plaques/markers will be used to acknowledge decision makers and participants involved with all
City capital improvement projects of "special significance". Examples of this type of project
include projects that are highly visible and known to the public and involve such facilities as
major buildings, bridges, parking garages, parks and major associated structures, and some
public art, etc. The following guidelines have been developed to assist with the process:
Determining "Significant" Projects
1. A new line item shall be added to the CIP project proposal sheet indicating a yes/no
recommendation on the need for a plaque.
2. At the time the CIP committee reviews and recommends projects to the CAO for
inclusion in the next budget, it shall also consider which projects are "significant"
enough to warrant a plaque and make that part of its recommendation to the CAO.
3. The CAO's recommendation to the Council on CIP projects for the next budget shall
include a statement as to which projects are also recommended to receive plaques.
4. The adopted budget shall provide ultimate guidance to staff.
Process for Plaque Placement
1. Plaque requirements will be included in the Plans and Specifications for projects of
special significance and included in the project budget.
2. The project engineer/architect will determine placement of and construction materials for
plaque. Generally plaques are made of bronze, but could differ depending on the opinion
of the engineer/architect.
3. The size of the plaque should be appropriate to the setting and the amount of information
displayed, but should be readable at a distance of one meter (a little over 3 feet).
4. The plaque should contain the following information (see attached sample):
• Project title
• Date of dedication
• All Councilmembers and CAO's involved in the process from authorization to
completion of project
• City Staff, including appropriate Department Head and Project Manager
• Engineer/Architect
• Contractor
• In some cases, it may be necessary to recognize funding source (i.e. Federal or
State grant)
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RESOLUTION NO.9597 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT
FOR OUTDOOR BARBEQUING AT 600 MARSH STREET AP -PC- 49-04
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on June 23, 2004, pursuant to the appeals received on May 21, 2004 and June 1,
2004, and upheld the Hearing Officer's determination, approving a use permit to allow the
barbeque, based on findings, and subject to modified conditions; and
WHEREAS, an appeal of the Planning Commission's approval of the use permit was
received on July 2, 2004; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony
of the applicant, interested parties and appellant, and the evaluation and recommendations by
staff and the Planning Commission; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
1. As conditioned, the proposed use will not harm the general health, safety, and welfare of
those working and living in the vicinity because conditions of approval limiting the
number of barbeques, and the frequency and duration of their use will reduce smoke
generated by the facility and its effect on the environment.
2. The total required parking for the Old County Deli with the proposed outdoor barbeque
and customer service area is seven spaces, which can be provided with existing on -site
parking and the payment of in -lieu fees.
3. The proposed use is consistent with General Plan Land Use Element Policy 4.16.1 which
supports street level activities, including restaurants, which benefit from and contribute to
pedestrian traffic, and; complies with Zoning Regulation requirements with approval of
this use permit.
4. The project is categorically exempt from environmental review (CEQA Guidelines,
Section 15301, Existing Facilities).
R 9597
Resolution No. 9597 (2004 series)
Page 2
SECTION 2. Action.
The Council hereby denies the appeal and upholds the Planning Commission's approval of the
use permit to allow the outdoor barbeque, subject to the following conditions:
1. Any new use, or change in use, at the subject address that is beyond the scope of this use
permit shall be submitted to the Community Development Director for review and
approval prior to the change.
2. Operation shall be limited to a single outdoor barbeque four days per week and legal
holidays, between the hours of 9:00 am and 5:00 pm and 9:00 am and 9:00 pm on
Thursdays. A second barbeque may be allowed on Thursdays between 2:00 pm and 8:00
pm with the location subject to approval of the City Fire Department. The fire may burn
down after operation hours. Consistent with these restrictions, a schedule of barbeque
days shall be provided to the Community Development Department Staff.
Building_ Department
3. An outdoor dining area will require accessible toilet rooms for patrons. If seating is
provided for 10 or more occupants, a separate toilet room must be provided for each sex.
4. As a food establishment, approval from the Health Department is required.
Fire Department
5. All barbeque pits shall be 10 feet from buildings and any combustible materials,
including live trees and landscaping.
6. No barbeque shall be moved once it is lit. Barbeques being used for the Thursday
evening Farmer's Market shall be moved into position on Higuera Street and lit at 4:45
pm in accordance with the Downtown Association's Guidelines.
7. All barbeque pits shall be extinguished by smothering or allowing the fire to bum out
until cool so as to minimize contaminated water entering storm drains.
Public Works Department
8. The parking -in -lieu fee, if proposed to satisfy parking requirements for the expanded use
and/or elimination of a parking space for said use shall be based on the fee requirement
for additions (expanded use) rather than the fee allowed for changes of occupancy. The
fee per parking space may be calculated based on the fee resolution in effect at the time
the use was purportedly established, $4,000 per space.
9. The project plans and description of operations shall be amended to preclude the runoff of
water from the firebox to the city street/public storm drain. The provisions for putting out
the fire shall be revised to use an alternate method to extinguish the fire or collect all
waters in the firebox or separate sump for disposal to an approved location.
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Resolution No. 9597 (2004'series)
Page 3
Requirements for extinguishing fires, supervision of the BBQ operation, clearances to
combustible construction, etc. shall be reviewed and approved to the satisfaction of the
Fire Department.
10. Within one year of the date of this resolution the applicant shall construct an exhaust
system for the outdoor barbeque to vent the smoke, relocate the activity indoors with a
standard hood and ventilation system, or cease the barbequing activity; subject to the
satisfaction and approval of the Community Development Director.
On motion of Council Member Settle, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3`d day of August, 2004.
Mayor David F. Romero
ATTEST:
Diane Reynolds, .M.C.
Deputy City erk
APPROVED AS TO FORM:
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Jon . Lowell
City Attorney
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RESOLUTION NO.9596 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A CONSERVATION EASEMENT FOR LANDS ADJACENT TO THE
SAN LUIS OBISPO MARKETPLACE PROJECT
WHEREAS, Ernest F. Dalidio, Jr., Successor Trustee of Dalidio Family Trust u/t/a dated
October 29, 1987, Ernest Dalidio Jr., Successor Trustee of the Thelma F. Perrozi Trust u/t/a
dated February 7, 1991, and Clara B. Dalidio, Trustee of the Clara B. Dalidio Trust u/t/a dated
January 15, 1991 (collectively, "Grantors") have offered to dedicate a conservation easement
over a portion of their property at 2005 Dalidio Drive (hereinafter the "Property"); and
WHEREAS, this offer of dedication is made pursuant to California Civil Code section
815 et seq. pertaining to conservation easements; and
WHEREAS, the offer of dedication is made in conjunction with the development
application for the San Luis Obispo Marketplace project and related development agreement; and
WHEREAS, the purpose of the easement is to preserve the natural and scenic character
of the Property for public enjoyment, to protect plant and animal habitat in the Creek Area, and
to preserve the Agriculture Area primarily for agricultural, historical, open space and scenic uses
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council of the City of San Luis Obispo hereby accepts and gratefully
acknowledges the dedication of the perpetual conservation easement as shown in Exhibit "A",
attached.
SECTION 2. Findings.
1. The conservation easement is consistent with the City's General Plan, specifically:
a. Land Use Element Policy LU 1.13.5 E., Open Space, which states that
approximately one half of the Dalidio annexation land area should be preserved
as open space either through dedication of land or easements.
b. Land Use Element Policy LU 8.8, Dalidio-Madonna-McBride Area, which
states that the "City intends to preserve significant parts of this signature
working agricultural landscape at the southern gateway to San Luis Obispo."
c. Open Space Policy OS 10.2.1 (A), Preserving Agricultural Land, which
provides that the "southern portion of the Dalidio property.... should be
preserved as agriculture."
2. Preservation of the land shown in Exhibit "A" through a conservation easement
will serve the public interest in that a portion of the Property, which exists in an
essentially unimproved state, provides an open view corridor of great natural
R 9596
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Resolution No. 9596 (2004 SIe es)
Page 2
beauty at the entrance of the City of San Luis Obispo, and also represents a
valuable scenic, open space, historical and agricultural resource to the City of San
Luis Obispo.
SECTION 3. The City Council authorizes and directs the Mayor to accept this
conservation easement on behalf of the City of San Luis Obispo.
SECTION 4. Dedication of an open space easement, in substantially the same form as
this conservation easement, was considered by the City Council on July 7, 2004, when it certified
the Final Environmental Impact Report for the San Luis Obispo Marketplace project, pursuant to
the California Environmental Quality Act Guidelines Section 15090.
SECTION 5. This resolution shall take effect immediately or when the possible
suspension, pursuant to Elections Code Section 9237, of the effective date of Resolution No.
9590 (2004 Series) is lifted, whichever is later.
Upon motion of Council Member Ewan, seconded by Vice Mayor Schwartz, and on the
following roll call vote:
AYES Council Member Ewan, Vice Mayor Schwartz and Mayor Romero
NOES: Council Member Mulholland
ABSENT: Council Member Settle
The foregoing resolution was adopted this 3rd day of August, 2004.
Mayor David F. Romero
ATTEST:
Diane Reynold , .M.C.
Deputy City Clerk
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
ANDRE, MORRIS & BUTTERY
P. O. BOX 730
SAN LUIS OBISPO, CA 93406
USE
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF CONSERVATION EASEMENT (the "Grant") is made on
200_(the 'Effective Date") , by ERNEST F. DALIDIO, JR., Successor
Trustee of Dalidio Family Trust u/t/a dated October 29, 1987, ERNEST DALIDIO JR.,
Successor Trustee of the Thelma F. Perrozi Trust u/t/a dated February 7, 1991, and CLARA B.
DALIDIO, Trustee of the Clara B. Dalidio Trust u/t/a dated January 15, 1991 (collectively,
"Grantors"), in favor of the CITY OF SAN LUIS OBISPO, a Municipal Corporation and Charter
City (the "City").
RECITALS
A. Grantors are the sole owners of the real property located in the City of San Luis
Obispo, State of California, legally described as approximately 54.7 acres of land near the
intersections of Prado Road, Dalidio Road and Madonna Road, in San Luis Obispo, California,
as fully described in Exhibit A, which is attached to and made a part of this Grant by reference
(the "Property").
B. The Property possesses natural, scenic, open -space, historical, cultural and
agricultural values. In particular, the Property, which exists in an essentially unimproved state,
provides an open view corridor of great natural beauty at the entrance of the City of San Luis
Obispo. The approximately 7-acre portion of the Property along Prefumo Creek, more
specifically described in Exhibit "B" (the "Creek Area"), harbors plant and animal life. The
remaining approximately 47.7 acres of the Property (the "Agricultural Area") is primarily
agricultural land, which presents a valuable scenic, open space, historical and agricultural
resource to the City of San Luis Obispo.
C. The Grantors and San Luis Obispo Marketplace Associates, LLC, a California limited
liability company ("Marketplace") entered into that certain Development Agreement dated
, 2004 with the City providing for the annexation of 131 acres of real property to the City,
with the intent that Grantor and Marketplace would develop approximately 60.1 acres of such
real property for commercial and residential use, that 16.2 acres of such real property would be
utilized for roadways, and that approximately 54.7 acres of such real property would be
preserved in essentially its present scenic beauty and openness, and available for habitat
protection and ongoing agricultural use, through the imposition of a perpetual conservation
CAWINDOWMTFMMalidio Conservation E...1 Agnes W-30-04 DOC
easement with conditions hereinafter expressed. In connection with the Development Agreement
and approval of Marketplace's development project, the City prezoned a portion of the Property
"C/OS," Conservation/Open Space, and a portion "AG," Agriculture. Grantor is willing to grant
this conservation easement as a part of the governmental approval of the commercial
development described above.
D. It is the intention of Grantors to grant to the City a conservation easement on, over
and across the Property pursuant to the California Civil Code Section 815 (the "Act"), whereby
Grantors relinquish certain rights and enter into certain covenants concerning the Property, as
more particularly set forth below.
E. The purposes of this Grant of a conservation easement in the Property are to preserve
the natural, scenic, and open space character of the Property for public enjoyment, to protect
plant and animal habitat in the Creek Area, and to preserve the Agricultural Area primarily for
agricultural, historical, open space and scenic uses (the "Grant Purposes").
F. By accepting this Grant, the City agrees to honor the intentions of Grantors, to act in a
manner consistent with the purposes of this grant, and to preserve and protect in perpetuity the
conservation values of the Property.
AGREEMENT
1. Grant of Easement. In consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained in this grant deed, and pursuant to the laws of California
and in particular to the Act, Grantors voluntarily grant and convey to the City a conservation
easement in the Property in accordance with the terms and conditions set forth herein. The term
of the granted conservation easement shall be perpetual.
2. Prohibited Uses. In order to maintain the existing open space and agricultural
character of the Property, except as provided herein, Grantors and Grantors' successors in interest
will refrain from doing, causing, or permitting any of the following acts with respect to the
Property:
2.1. Constructing improvements on the Property, other than those that exist at
the time of the grant of this Grant, except appurtenances consistent with the open space and
agricultural zoning of the Property and are consistent with the stated purposes, terms, conditions,
restrictions, and covenants of this Grant, with the provisions of the Act, and except those
improvements for which the right is expressly reserved in this Grant or the Act, including paved
pathways and roadways.
2.2. Locating any advertising of any kind or nature on the Property.
2.3. Constructing, placing, or maintaining a parking lot, storage area, or dump
site for the storage or disposal of anything that is not indigenous or natural to the Property or
related to the permitted uses of the Property.
CAWINDOWSI-IENMDalidio Conse ion Eascme t Agmc 07-30-04.DOC
2.4. Constructing, placing, or maintaining overhead pipes, conduits, or wires
above the Property for the purpose of transmitting communications or power.
2.5. Conducting agricultural operations on the Creek Area or making any
recreational use of the Creek Area that significantly interferes with the plant and wildlife
protection values of the Creek Area.
3. Permitted Uses. Subject to applicable law and governmental regulation, Grantors
reserve the right to all uses and occupancy of, and ingress and egress to and from, the Property in
any manner consistent with the stated purposes, terms, conditions, restrictions, and covenants of
this Grant. Without limiting the generality of the foregoing, the following rights are consistent
with the purpose of this Grant and with the Act, and are expressly reserved by Grantors:
3.1. To engage in any and all agricultural uses of the Agricultural Area which
are compatible with and preserve the open space character of the Agricultural Area, including
but not limited to: planting, raising, harvesting, and producing agricultural, aquacultural,
horticultural, and forestry crops and products of every nature and description; the primary
processing, storage, and sale, including direct retail sale to the public, of crops and products
harvested and produced principally on the Agricultural Area; breeding, raising, pasturing, and
grazing cattle and/or horses; and breeding and raising bees, fish, poultry, and other fowl. To use
and store agricultural equipment and products on the Agricultural Area. To install improvements
and structures in support of permitted agricultural uses, fencing, utilities and facilities in
connection with the permitted agricultural uses on the Agricultural Area, and consistent with the
intent of this Grant. To use the Property as a buffer between adjacent urban uses and the
agricultural uses on the Agricultural Area.
3.2. The above reservation notwithstanding, any intensive agricultural uses
that are or may be obnoxious, offensive, or constitute a public nuisance in an urban location, are
prohibited. Similarly, the construction or development of any structure, including but not limited
to dairy barns, poultry barns, or other structures intended for use in conjunction with intensive
agricultural uses that are or may be obnoxious, offensive, or constitute a public nuisance in an
urban location, are prohibited.
3.3. In furtherance of the historical values of the Property, and to provide for
the preservation of the historic "Sulkey Racing Stadium" grandstand structure that was located
on or near the Property approximately 100 years ago and used by residents of the City of San
Luis Obispo for horse racing (the "Grandstand Structure"), nothing in this Grant shall prohibit
installation by Grantors of the Grandstand Structure on the Property, provided the siting and
installation of such structure is in accordance with the Applicable Rules, as defined in that
separate Development Agreement entered into between the parties, dated September _, 2004.
3.4. To use the Property for any and all irrigation, agricultural, agricultural
accessory and currently -existing water resources purposes, including but not limited to water
wells, water lines, water treatment, drainage, and retention, and the construction of
improvements related thereto.
3.5. To engage in any and all passive recreational uses of the Property.
c:kwu vowsY T1.mD.J.ho Cam uwn F•.... m Ag=. 07-M-04.DOC 3
3.6. To install, alter, relocate and maintain surface and subsurface utilities,
utility easements, roads and facilities, to conduct grading and regrading and to install and
maintain water drainage facilities and improvements on the Agricultural Area, consistent with
Grant Purposes.
3.7. To permit the construction of a public road as contemplated in the
Circulation Element of the General Plan of the City of San Luis Obispo.
3.8. To permit the construction of a bicycle path as contemplated in the
Bicycle Transportation Plan (May 2002).
3.9. To use any existing structure on the Property and any structure permitted
to be installed on the Property pursuant to this Grant.
3.10. To maintain the Property and all improvements thereto, including but not
limited to natural resource management, pruning and removal of trees and plants, and preventing
damage from potential natural hazards.
4. Public Facilities. Notwithstanding any provision herein, this Grant shall in no way
restrict the construction of either public service facilities installed for the benefit of the land
which is the subject of this Grant, the roadway and bicycle path identified in Sections 3.7 and 3.8
above, or public service facilities installed pursuant to an authorization by the Public Utilities
Commission.
5. Right to Prevent Prohibited Use. Grantors grant to the City and the City's successors
and assigns, for the term of this Grant, the right, but not the obligation, to prevent or prohibit any
activity that is inconsistent with the stated purposes, terms, conditions, restrictions, or covenants
of this grant and the right to enter the Property for the purpose of removing any building,
structure, improvement, or any material whatsoever constructed, placed, stored, deposited, or
maintained on the Property contrary to any term, condition, restriction, or covenant of this Grant.
6. Monitoring and Enforcement. The purposes, terms, conditions, restrictions, and
covenants in this Grant may be specifically enforced or enjoined by proceedings in the Superior
Court of the State of California, consistent with the terms of Section 5.1086(a) of the California
Government Code. To that end, Grantor specifically permits City to enter upon the Property
upon reasonable notification to Grantor for the purpose of determining that no violations of
purposes, terms, conditions, restrictions or covenants contains within the Grant have occurred.
Such inspections shall be undertaken on a reasonable schedule, but no less than once per year.
7. Costs of Enforcement. If any legal proceeding, arbitration or other action is brought
or threatened for the enforcement or interpretation of this Grant, or because of an alleged dispute,
breach, default or misrepresentation in connection with any of the provisions of this Grant, and
the prevailing party in any such action(s) should incur any legal fees, including, but not limited
to, attorneys' fees, paralegal fees, expert witness fees and other similar costs, the successful or
prevailing party or parties to any such dispute or action shall be entitled to recover their
reasonable attorneys' fees and additional legal costs incurred, together with any other relief to
which they may otherwise be entitled, as determined by an arbitrator, judge at trial, or upon
appeal or petition.
CMVI.NDOWSWUNU10ulidio Cons .tion ELfi Ut Agttn. 07-30-04.DOC 4
n
8. Acts Beyond Grantors' Control. Nothing contained in this instrument may be
construed to entitle the City to bring any action against Grantors for any injury to or change in
the Property resulting from causes that are beyond Grantors' control, including, but not limited
to, fire, flood, storm, earth movement, or any prudent or reasonable action undertaken by
Grantors in emergency situations to prevent or mitigate significant damage or injury to the
Property resulting from such causes.
9. No Authorization for Public Trespass. The granting of this conservation easement by
this instrument and the acceptance of the easement by the City do not authorize, and are not to be
construed as authorizing, the public or any member of the public to enter, trespass on, or use all
or any portion of the Property, or as granting to the public or any member of the public any
tangible rights in or to the Property. It is understood that the purpose of this grant is solely to
restrict the use of the Property, so that it may be kept as near as possible in its current state.
10. Costs, Taxes, and Liabilities. Grantors retain all responsibility and shall bear all costs
and liabilities of any kind concerning the ownership, operation, and maintenance of the Property,
including maintaining comprehensive liability insurance. Grantors must pay before delinquency
all taxes, assessments, fees, and charges of whatever description levied on or assessed against the
Property by competent authority.
11. Condemnation. If an action in eminent domain for condemnation of any interest in
the Property is filed, or if the Property is acquired for a public improvement by a public agency
or person, these restrictions will be null and void as to the interest in the Property actually
condemned or acquired. However, all conditions, restrictions, and covenants of this grant will be
in effect during the pendency of such an action; if such an action is abandoned before the
recordation of a final order of condemnation, any portion of the Property that is not actually
acquired for public use will once again be subject to all of the terms, conditions, restrictions, and
covenants of this grant. Grantors will be entitled to the amount of compensation as if the
Property had not been burdened by the conservation easement.
12. Extinguishment. If circumstances arise in the future that render the purpose of this
Easement impossible to accomplish, this Grant can only be terminated or extinguished, whether
in whole or in part, by judicial proceedings in a court of competent jurisdiction.
13. Amendment. This conservation easement may not be amended in whole or in part as
to any term, condition, restriction, or covenant without the prior written consent of the Grantors
and the City, as may be permitted by applicable California law.
14. Binding on Successors and Assigns. This Grant, and each and every term, condition,
restriction, and covenant of this grant, is intended for the benefit of the public and is enforceable
pursuant to the provisions of the Act. This Grant binds Grantors and Grantors' successors and
assigns and constitutes a servitude on the Property that runs with the land.
15. Liberal Construction. This Grant is to be liberally construed in favor of the Grant and
the Grant Purposes in order to effectuate the purposes of the easement and the policy and
purpose of the Act. If any provision in this Grant is found to be ambiguous, an interpretation
OW4NDOWSWEMPM.Edla C.n atiaa Eo =nt Agtm. 07-30-04.DOC 5
consistent with the purpose of this easement that would render the provision valid will be
adopted over any interpretation that would render it invalid.
16. Severability. If any provision of this Grant is found to be invalid, or if the application
of this easement to any person or circumstance is disallowed or found to be invalid, the
remainder of the provisions of the grant, or the application of the grant to persons or
circumstances other than those to which its application was disallowed or found invalid, will not
be affected and will remain in full force and effect.
17. Controlling Law. This Grant is to be interpreted, enforced, and performed in
accordance with the laws of the State of California.
18. Entire Agreement. This Grant sets forth the entire agreement of the parties with
respect to the conservation easement and supersedes all previous conversations, negotiations,
understandings, settlements, or agreements related to the conservation easement.
19. Captions. The captions in this Grant have been inserted solely for the purpose of
convenience of reference and are not to be construed as part of this instrument and do not affect
the construction or interpretation of the Grant.
20. Counterparts. The parties may execute this instrument in two or more counterparts,
which shall, collectively, be signed by all parties. Each counterpart shall be deemed an original
instrument as against any party who has signed it. In the event of any disparity between the
counterparts produced, the recorded counterpart controls.
"Grantor"
ERNEST DALIDIO, JR. Successor Trustee,
of Dalidio Family Trust u/t/a dated October
29, 1987
ERNEST DALIDIO JR., Successor Trustee
of the Thelma F. Perrozi Trust u/t/a dated
February 7, 1991
CLARA B. DALIDIO, Trustee of the Clara
B. Dalidio Trust u/t/a dated January 15, 1991
CAWINDOWSTEMADalidio Coos =ion E==nt Agar. 07-30-04MOC 6
ACCEPTANCE OF CONSERVATION EASEMENT
The CITY OF SAN LUIS OBISPO, a Municipal Corporation and Charter City accepts
this grant of a conservation easement.
Dated:
"City"
CITY OF SAN LUIS OBISPO, a Municipal Corporation and Charter City
e
Its:
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of
Jonathan Lowell, City Attorney
CAWINDOWSUEMM.Udio Conservation Eo nt Agnn. 07-30-04.DOC 7
tu\4 ,6 Col 1
LV L lS� I Q�C�A.�� C W-r w�/ P.nCir2, Y'ilOr
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-AS Soc, LC_C.
3oU��t-r.GLultin��Lff�r Q
RESOLUTION NO.9595 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO INCREASE EDUCATION AND ENFORCEMENT PROGRAMS FOCUSING ON
UNDERAGE DRINKING LAWS AND ALCOHOL AVAILABILITY TO MINORS WITH
GRANT FUNDING OF $759000 PROVIDED THROUGH THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL
WHEREAS, the San Luis Obispo Police Department through the City of San Luis Obispo
desires to undertake programs to increase education and enforcement to reduce underage drinking in
the community; and
WHEREAS, a certain community trials initiative project to increase education and
enforcement of underage drinking laws is to be funded with grant monies made available through the
federal Enforcing Underage Drinking Laws Program and the California Alcoholic Beverage Control
Grant Assistance Program, with both program funding sources administered through the Department
of Alcoholic Beverage Control; and
WHEREAS, the City of San Luis Obispo has been awarded grant funding in the amount of
$75,000 to increase education and enforcement of underage drinking laws in San Luis Obispo.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the Chief of Police of the City of San Luis Obispo is authorized, on its behalf to execute all grant
related documents including the State of California Standard Agreement contract, any extensions or
amendments thereof and any subsequent contract with the State in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract, including
civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing
agency. The State of California and the Department of Alcoholic Beverage Control disclaim
responsibility for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
Upon motion of Council Member Mulholland, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
R 9595
Resolution No. 9595 (2004 Series)
Page 2
The foregoing resolution was adopted this 3`d day of August, 2004.
Mayor David F. Romero
ATTEST:
Diane Reyn Ids, C. C.
Deputy City er c
APPROVED AS TO FORM:
J ath . Lowell
City Attorney
ho(t c,) 0 •
RESOLUTION NO.9594 (2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A USE PERMIT, VESTING TENTATIVE
TRACT MAP AND ENVIRONMENTAL REVIEW FOR A MIXED -USE
CONDOMINIUM PROJECT WITH 82 DWELLINGS AND 31,280 SQUARE
FEET OF COMMERCIAL FLOOR AREA
U/TR/ER 24-03 (3592 Broad Street)
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 3,
2004, for the purpose of considering Application U/TR/ER 24-03, commonly referred to as the
Broad Street Mixed -Use Project; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
June 23, 2004 and September 10, 2003, for the purpose of formulating and forwarding
recommendations to the City Council regarding the project; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the proposed Mitigated Negative
Declaration for and has determined that the environmental document adequately addresses the
potential environmental impacts of the project; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by the
Planning Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Environmental Review. The proposed Mitigated Negative Declaration for the
project adequately identifies all of the potential impacts of the project and the mitigation
measures and monitoring programs listed in Exhibit A are necessary to reduce potentially
significant impacts to less than significant levels.
Section 2. Subdivision Findings. The following findings are hereby made in support of
the proposed condominium subdivision.
The proposed map is consistent with the General Plan because the subdivision will
provide for mixed use residential development, consistent with the requirements and
limitations of the C-S zone.
R 9594
Resolution No. 9594 (2004,Series)
Page 2
2. The design of the proposed subdivision is consistent with the General Plan because the
project helps meet the City's goal of maintaining a compact urban form.
3. The site is physically suited for the proposed type of development because it is an under-
developed siteadjacentto existing street rights -of -way with complete City services.
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block, services are available to serve the
development, and utilities have been designed to serve the site per City standards.
5. The design of the subdivision is not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat because the creek on
the project site is going to be enhanced and maintained to provide significantly improved
habitat over the current condition.
6. The design of the subdivision is not likely to cause serious public health problems
because environmental impacts, such as noise, are mitigated by design and buildings in
the subdivision will be designed to meet existing building and safety codes.
7. The design of the subdivision will not conflict with easements, acquired by the public at
large, for access through or use of, property within the proposed subdivision because the
project will not conflict with any existing easements.
Section 3. Mixed Use Project Findings. The following findings are required by the
Zoning Regulations (Section 17.08.072) and are hereby made in support of the proposed mixed
use project.
1. The project's mixed uses are consistent with the General Plan and are compatible with
their surroundings, with neighboring uses, and with each other because (1) all of the uses
proposed are allowed or conditionally allowed in the C-S zone, (2) as conditioned,
adjacent environmental noise and manufacturing activities will be disclosed to residents
of the project in the CC&R's, and (3) the uses that are allowed have been chosen to
insure compatibility and this use permit may be reviewed by the City if reasonable
written complaints are received from residents of the project or the Police Department.
2. The project's design protects the public health, safety and welfare because environmental
impacts have been identified and mitigated in the design of the project and the project has
been designed in a manner that is consistent with City standards and policies, such as the
City's Waterways Management Plan.
3. The mixed uses provide greater public benefits than single -use development of the site
because it provides a large number of residential units that are affordable by design, and
provides for alternative transportation use by residents and employees (transit stop,
showers and lockers for employees, a mix of services that keep employees and residents
on -site during the lunch hour, located along bike route).
Mandatory Finding for More Restrictive Standards (parking limitations)
4. Site specific property development standards are needed to protect all proposed uses of
the site and adjacent business because there is no on -street parking at either the Broad
Resolution No. 9594 (2004`6eries) -
Page 3
Street or Sacramento Drive frontages of the project site.
5. A mixed -use parking reduction of 26% is appropriate because parking areas on the site
are shared and the peak hours of parking demand differ between the residential and
commercial uses on the site.
Section 4. Master Use Permit Findings. This permit is intended to serve as a Master Use
Permit for Special Considerations, Restaurants, Medical Services — Doctor's Office, Office —
Production and Administrative, and Office - Processing.
Special Considerations (Required Findings)
The project is supported by Cal -Trans, which reviewed the preliminary design of
the driveway entrances and exits and participated in the environmental review of
the project.
2. Necessary public improvements are being secured through the permitting of the
development, including frontage improvements, street trees, traffic signal
improvements, street lighting and fire hydrants.
3. Site drainage has been designed consistent with the requirements of the
Waterways Management Plan, in consideration of the unique site constraints, such
as the culvert of Orcutt Creek at the southwest property line.
4. The project insures safe, orderly development within the Broad Street Annexation
Area because the project helps satisfy City goals for maintaining compact urban
form and is consistent with the General Plan.
Medical Services (Required Findings)
1. Medical services are compatible with surrounding land uses because adequate
parking is provided on -site to accommodate a wide range of mixed uses and, as
conditioned,
2. The project site is located along Broad Street, a street designated as an arterial,
and Sacramento Drive, a street designated as a commercial collector in the
Circulation Element and has convenient access to public transportation because of
a transit stop located at the Broad Street project frontage.
3. The proposed medical service will not significantly increase traffic in residential
neighborhoods because the project site has access to Broad Street and is not
located adjacent to a residential neighborhood. Public use of the proposed
medical services does not require on -site traffic to pass through the residential
area.
Resolution No. 9594 (2004 Series)
Page 4
4. The proposed medical service is consistent with the Airport Land Use Plan
(ALUP) because the Airport Land Use Commission approved offices for the
project site and the overall development is consistent with the Safety Policies of
the ALUP.
5. The project will not preclude service commercial uses in areas especially suited
for these uses when compared with medical services because the project site is
especially suited for a mixed -use project because of its location.
Offices (Required Findings)
1. Offices will be compatible with existing and proposed uses in the area because the
project site has access to Broad Street, public transportation, bike routes and
convenience facilities for employees are anticipated on -site.
2. The project location will not significantly direct traffic to use streets in residential
zones because there are no residential zones bordering the project site.
3. The project will provide adequate mitigation to address potential impacts related
to noise, light and glare, loss of privacy and other impacts on nearby residential -
areas because, as a mixed -use project, these considerations are integral part of the
project design.
4. The project will not preclude industrial or service commercial uses in areas
especially suited for these uses because the proposed location is more suited to the
types of retail and service uses allowed in the Service Commercial zone, than it is
to industrial uses because of the high visibility of the Broad Street corridor.
5. The project will not create a shortage of C-S zoned land available for service
commercial or industrial development because there are vacant, developable and
under-utilized properties through -out the City in the C-S zone and the City is
currently developing Specific Plans for two major expansion areas that will be
able to accommodate these uses.
Section 6. Conditions of Approval. The Council does hereby establish the following
conditions of approval.
Mixed -Use Project Conditions
The Inclusionary Housing Requirement for the project is 10 ADUs. A minimum of 6
affordable dwelling units shall be provided by the developer in a manner consistent with
the City's Affordable Housing. Standards, to include at least 3 rentals and 3 for -sale units
(two separate duplex units and one tri-plex unit, floor plans to the approval of the
Community Development Director). No two Affordable Dwelling Units may be located
within the same building. The applicant may pay a pro -rated Inclusionary Housing Fee
to meet the full requirement, or provide four additional ADUs on site, to the approval of
the Community Development Director.
Resolution No. 9594 (2004 Series)
Page 5
2. Occupants of each residential unit within the project site shall be limited to a maximum
collective ownership of two automotive vehicles (cars, trucks, vans). The CC&R's for
the project shall include an affidavit to this effect which must be signed by each owner or
tenant as certification that each unit is in compliance with the requirement. The language
of the affidavit shall be to the approval of the City Attorney and Community
Development Director.
3. Garages within the project shall be used exclusively for parking vehicles and may not be
used for general storage, recreation or other uses that would prevent the parking of
vehicles as required by the Zoning Regulations.
4. CC&R's shall address use of facilities by non-resident guests, alcoholic beverage
consumption in common areas, and shall provide sufficient penalties to address
violations, to the approval of the Community Development Director.
5. The project CC&R's shall include a requirement that all owners and their tenants consent
to the higher noise levels they will experience living on the project site, and that these
noise levels may increase in the future as additional properties build out and existing
businesses expand their operations. The CC&R's will state that the project site is located
in an area designated for services and manufacturing and the City's Noise Ordinance
does not include the same protections in this area as it does for residential neighborhoods,
to the approval of the Community Development Director.
6. The Mixed Use Project is subject to the use matrix provided in Exhibit B of this
resolution. Modifications to the use matrix require the approval of the Planning
Commission.
7. Restaurant uses on the project site shall be required to include interior spaces for the
storage of food scraps and other waste and shall contract for daily garbage service, to the
approval of the Architectural Review Commission or the Community Development
Director. Refuse storage areas shall be kept clean and odor free. If trash must be
relocated from the interior space of a restaurant to one of the exterior trash enclosures on -
site, it shall be done as close as possible to the trash pick-up time. To address noise
issues, plans for tenant improvements shall be evaluated to keep kitchen areas away from
exterior doors and windows, where residential units are located above.
8. The CC&R's for the project shall limit restaurant activities that create very strong odors,
such as coffee roasting. Complaints relative to restaurant or other odors will be evaluated
by the Administrative Hearing Officer, per condition #11.
9. Hours of operation for all commercial uses on the project site are limited to between 8
a.m. and 6 p.m., unless the Director approves an Administrative Use Permit for extended
hours.
10. The property managers for the project shall be required to maintain an updated and
accurate parking calculation worksheet for the commercial portions of the project site.
n
Resolution No. 9594 (2004 Series)
Page 6
n,
The worksheet shall be submitted to the Community Development Department with
every use permit application required by this resolution.
11. This use permit shall be reviewed by the Administrative Hearing Officer if any
reasonable written complaint is received from any citizen or from the Police Department.
At the review hearing the Hearing Officer may establish additional conditions of approval
as deemed necessary to insure on -going compatibility between commercial and
residential uses on the project site. The Hearing Officer may refer the complaint to the
Planning Commission at his/her discretion.
12. The applicant shall provide a continuous sidewalk between the project site and the
Industrial Way intersection with Broad Street in order to provide residents of the project
with safe and convenient access to the Damon Garcia Sports Fields.
Transportation Conditions
1. Striping and Signage. The developer shall provide a signing and striping plan showing
changes resulting from the project, to the satisfaction of the Public Works Director. Said
plan shall include travel lanes, bike lanes, traffic signals, street lighting, and associated
signage.
2. Bicycle Lanes. The applicant shall stripe bicycle lanes along the project's Sacramento
Drive frontage, consistent with the Bicycle Transportation Plan. Applicant shall submit a
cross section plan for Sacramento Drive showing how the bike lanes will be
accomplished across property frontage and adjoining parcels between Capitolio Way and
the southern edge of the project site.
3. Main Driveway — The width of the main access drive shall be adjusted to accommodate
one incoming lane and two outbound lanes (12 m minimum).
4. Prado Intersection. Project plans submitted for a building permit application shall
include the most current Prado Road intersection information which will determine the
location of handicap ramps and crosswalks on the project's Broad Street frontage..
5. Traffic Signals. Prior to the issuance of building permits, applicant shall request of
receive from Caltrans all necessary permits to install traffic signals at the Capitolio—
Broad and Prado-Broad Street intersections. As a condition of project occupancy,
applicant shall complete the installation of said traffic signals, to the approval of Caltrans
and the Public Works Director. All proposed traffic signals will be constructed with
emergency preemption actuation (Opticom).
If Caltrans does not support traffic signal installation at the time of issuance of the
project's building permits, applicant shall install the traffic signal conduit and pull boxes
and bond for the full cost of the signal's design and installation, for a period not less than
five years and annually submit a signal warrant analysis to Caltrans and the City to
monitor the need for signalization. The applicant is also required to provide an
Resolution No. 9594 (2004 series)
Page 7
alternative traffic management plan (striping, turn movement restrictions, etc.) for
approval by Cal Trans and the Public Works Director as a condition of occupancy.
If the traffic signal is installed at the time of project development, applicant may request
partial reimbursement of costs from the Public Works Director as a credit toward the
requisite transportation impact fee. If traffic signal installation is deferred pending
Caltrans concurrence, applicant may request a rebate of a portion of the transportation
impact fee at the time that the signal is actually installed.
The amount of fee credits or rebates shall be as determined by the Public Works Director,
taking into consideration the project's percentile contribution to forecasted traffic volume
on Capitolio Way that causes level of service to exceed LOS D at the Capitolio-Broad
intersection, or the percentile increase in average vehicle delay attributable to project
traffic.
6. Pedestrian Facilities. The proposed pedestrian bridge over the creek that bisects the site
shall have a minimum clear inside width of 2.4 m (8 feet) with ramps at either end to
accommodate people with disabilities.
Applicant shall provide an on -site pedestrian walkway connection from the Prado/Broad
Street intersection to the residential development on the east side of the creek.
7. Broad Street Sidewalk. The public sidewalk on Broad Street shall be relocated to the
edge of the public right of way to provide an additional landscape buffer between the
sidewalk and Broad Street.
8. Transit Turnout and Shelter. The applicant shall work with the City Transit Manager and
owners of adjoining property to the north (Stanley Motors property) to establish a transit
turnout and shelter along Broad Street. The turnout shall be located north of the project's
Broad Street driveway and its design shall comply with Engineering Standard 4920,
accommodating a single transit vehicle. The design of the transit shelter and the design
and provision of any ancillary facilities (trash container, night lighting, benches, and
signs) shall be consistent with standards contained in the City's Engineering Standards
and the Short Range Transit Plan (SRTP).
Applicant shall provide any additional right-of-way needed to accommodate the turnout.
Applicant shall install all required improvements prior to project occupancy and shall
receive a transportation impact fee credit for the documented costs of transit turnout
construction.
9. Project CC&R's. The project's CC& R's shall include language notifying property
owners that Sacramento Drive is designated as a Class 2 bike route and when the bike
lanes are installed, on street parking on Sacramento Drive will be removed.
Public Right-of-way
Resolution No. 9594 (2004 aeries) O
Page 8
1. Complete street improvements shall be constructed in accordance with the most current
City regulations, City of San Luis Obispo Engineering Standards and Standard
Specifications (curbs, gutters & 2m sidewalks, full width street pavement, signing,
striping, barricades, street lights, etc.). Sidewalk along the Broad Street frontage shall be
a 2m wide detached sidewalk with back of walk located at property line. The resulting
strip between the detached sidewalk and curb shall be landscaped, including street trees
street trees to the satisfaction of the Public Works and Community Development
Directors.
2. A public improvement plan, prepared by a registered civil engineer, shall be submitted to
the Public Works Director for review and approval. All grades, layout, staking and cut -
sheets necessary for the construction of street paving and frontage improvements shall be
the responsibility of the developer.
3. Access rights along Broad Street, except at approved driveway locations shown on the
tentative map, shall be dedicated to the City.
4. The developer shall design medians per the Broad Street corridor plan to the satisfaction
of the Public Works Director.
5. The subdivider shall dedicate a 2m wide public utility easement across the Sacramento
Drive and Broad Street frontages. Said easement shall be adjacent to and contiguous with
all public right-of-way lines bordering each lot.
6. The subdivider shall dedicate a 3m wide street tree easement across the Sacramento
Drive and Broad Street frontages. Said easement shall be adjacent to and contiguous with
all public right-of-way lines bordering each lot.
7. All proposed private streets shall comply with the City of San Luis Obispo Engineering
Standards and pavement design shall be based on a Traffic Index of 6.5.
8. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, lumenaires, etc.) per City standards, including street lighting along
Broad Street and Sacramento Drive.
9. The subdivider shall construct a bus turn -out, transit shelter, "Punch" post sign and trash
receptacle, to the satisfaction of the Public Works Director. The
Water, Sewer & Utilities
1. The proposed on site sewer main will be privately owned and maintained by the
Homeowner's Association.
2. Final grades and alignments of all public water, sewer and storm drains (including service
laterals and meters) shall be subject to change to the satisfaction of the Public Works
Director and Utilities Engineer.
Resolution No. 9594 (2004 aeries) C
Page 9
3. The subdivider shall dedicate an easement for a public water system over all private
streets or driveways, parking areas (including planters and raised medians) and common
areas to the satisfaction of the Public Works Director and Utilities Engineer.
4. The subdivider shall place underground, all existing overhead utilities along the public
street frontage(s), to the satisfaction of the Public Works Director and utility companies.
5. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each parcel to the satisfaction of the Public Works Director and serving
utility companies. Utilities to new residences shall be underground.
6. The subdivider shall provide individual electrical, phone, television, natural gas, water
service, and sewer connections to the approval of the affected utility companies and the
Public Works Director.
Grading & Drainage
The rate of runoff from the site post development shall not exceed that of predevelopment
for the 2, 10, 100 year and 24hour storm. Analysis and design of stormwater facilities
shall be consistent with the City's Waterways Management Plan - Drainage Design
Manual.
2. In order to mitigate for a decrease in water quality, the stormwater runoff from all
improved areas of the development site, except rooftops, shall be treated in accordance
with the Best Management Practices published in the California Stormwater Quality
Association's Best Management Practice Handbook, January 2003. For the purposes of
water quality design, all water quality BMPs shall be designed to treat runoff from a 25
mm/24-Hour storm event.
3. The CCRs for the project shall require that the homeowners association submit, to the
City of San Luis Obispo Public Works Department, a detailed report prepared by a
licensed Civil Engineer addressing the condition of all private stormwater facilities and
any necessary maintenance activities on a semi-annual basis (April 30 and October 1 of
each year). The CCRs for the project shall also include detailed procedures for
maintenance and operations of any storm water facilities.
4. A final hydrology report indicating how the project meets the requirements of the
Waterways Management Plan and other applicable City standards shall be submitted
prior to map recordation. The scope of the report must include analysis of all existing
public and private drainage facilities and creek capacities between this property and an
adequate point of disposal. All proposed detention basin and drainage improvements,
except those within a public street, shall be privately owned and maintained by the
property owner and homeowners' association. Any lots or building pads, identified in the
hydrology report to be subject to flooding during a 100-yr storm shall be constructed to
conform with the City's flood damage prevention regulations and the City's Waterways
Management Plan. The preliminary report has been submitted and accepted by the Public
Works Department.
Resolution No. 9594 (2004 aeries) (71
Page 10
5. All bridging, culverting and modifications to the existing creek channels must be in
compliance with city standards and policies, the City's Flood Management Policy Book
(specifically regarding clear spanning of creeks, etc.) and be approved by the Public
Works Director, Army Corp of Engineers, and Fish & Game.
6. Any necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be to the satisfaction of the Public
Works Director, the City's Natural Resources Manager and the California Department of
Fish & Game.
7. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Public Works Director.
8. General Construction Activity Storm Water Permits are required for all storm water
discharges associated with a construction activity where clearing, grading and excavation
results in land disturbance of one or more acre. Permits are required until the
construction is complete. To be covered by a General Construction Activity Permit, the
owner(s) of land where construction activity occurs must submit a completed "Notice of
Intent" (NOI) form, with the appropriate fee, to the State Water Resources Control Board.
The WDID # from the State Water Resources Control Board shall be included on all
plans submitted to the City involving ground disturbing activities.
Mapping Requirements
The subdivider shall submit a final map -to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor in accordance with the Professional Land Surveyors Act, the
Subdivision Map Act and the Subdivision City's Regulations.
2. The map shall be tied to at least two points of the City's horizontal control network,
California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the
North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import
into the Geographic Information System (GIS) database. Submit this data either via
email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD,
version 2000 or earlier (model space in real world coordinates, NAD 83 - m). If you
have any questions regarding format, please call prior to submitting electronic data.
3. The final map shall use the International System of Units (metric system). The English
System of Units may be used on the final map where necessary (e.g. - all record data
shall be entered on the map in the record units, metric translations should be in
parenthesis), to the approval of the City Engineer.
4. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements,
whichever occurs first. Submittal documents shall include the AutoCAD compatible
Resolution No. 9594 (2004, —es)
Page 11
drawing files and any associated plot files along with one original, stamped and signed,
ink on mylar set of plans.
5. Prior to acceptance by the City of public improvements, the developer's engineer shall
submit a digital version of all public improvement plans and record drawings, compatible
with AutoCAD for Geographic Information System (GIS) purposes, in accordance with
the City's Engineering Standards, to the satisfaction of the Public Works Director.
6. The map shall be recorded prior to occupancy of any of the units. Otherwise, the map
shall be processed as a condo conversion per Municipal Code Chapter 17.82..
Utilities Code Requirements
1. A water allocation is required, due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a "first -come, first -served" basis.
Water is allocated at the time building permits are issued and the Water Impact Fee is
paid. Both the Water and the Wastewater Impact Fees are based on a per unit basis for
the residential buildings, and the size of the water meter(s) for the non-residential
components of the development. Water and Wastewater Impact Fees shall be paid at the
time building permits are issued. Credit is given for existing accounts on the property.
2. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well. The continued use of any well will be
allowed only on the parcel containing the well. All backflow preventers shall be
approved by the University of Southern California Foundation for Cross -Connection
Control and Hydraulic Research. The project shall be coordinated with the County
Cross -Connection Inspector, Henry Ruiz, who can be reached at 781-5567.
3. Non-residential uses require a separate connection to the public water system for
automatic fire sprinklers. The fire service lateral shall include a USC approved backflow
preventer appropriate for the proposed use. The backflow preventer shall be located as
close to the public right-of-way as possible, in direct alignment with the connection to the
public water main. The backflow preventer can be located no further than 25 feet from
the right-of-way line without prior written approval of the Utilities Engineer. If the fire
service supports one or more fire hydrants, the USC approved backflow preventer shall
also include detector capabilities (double detector check assembly). The FDC may be
located behind the backflow prevention assembly, in accordance with manufacturer's
recommendations. The location and orientation of the FDC shall be approved by the Fire
Department.
4. 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 or
demolition of structures over 1000 square feet. 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.
Utilities Conditions
Resolution No. 9594 (2004 series)
Page 12
1. The development of the site triggers the Utilities Department Sewer Lateral Abandonment
Policy. This policy states that any existing sewer lateral to the property must be abandoned
at the main as a condition of development, unless the lateral is intended for use with the
proposed development and it passes a video inspection. If the sewer lateral is intended for
this purpose, the owner shall submit a VHS videotape documenting the internal condition of
the pipe to the Utilities Department for approval.
2. The irrigation systems for common areas, parks, detention basins, and other large
landscape areas shall be designed and constructed in accordance with the standards for
reclaimed water use, including proper separation from potable water facilities and
sanitary sewer facilities. Appropriately sized reclaimed water mains shall be constructed
from the City's trunk system to these irrigation areas. If reclaimed water is not yet
available, the system shall be designed and constructed to reclaimed water standards, and
temporarily connected to the City's potable water system in the area of the anticipated
connection to the reclaimed water system. Appropriate backflow protection shall be
installed with this connection to the satisfaction of the County Cross Connection
Inspector, Henry Ruiz, who can be reached at 781-5567.
On motion of Council Member Settle, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Member Ewan and Settle, and Mayor Romero
NOES: Council Member Mulholland and Vice Mayor Schwartz
ABSENT: None"
The foregoing resolution was passed and adopted this P day of August, 2004.
Q,�
Mayor David F. Romero
ATTEST:
Diane Reynolds,C.M.C.
Deputy City
Resolution No. 9594 (2004 series)
Page 13
APPROVED AS TO FORM:
Jo atha . Lowell
CitrAttorney
Exhibit A — Mitigation Measures and Monitoring Programs
1. Mitigation— Air Quality
Construction Phase Mitigation Measures:
a. All dirt stock -pile areas shall be sprayed daily as needed.
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Increased watering frequency would be required whenever
wind speeds exceed 15 mph. Reclaimed (nonpotable) water shall be used whenever
possible.
c. Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of
any soil disturbing activities.
d. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast -germinating native grass seed and
watered until vegetation is established.
e. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the
APCD.
f. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible. In addition, building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
g. Reduce the amount of the disturbed area where possible.
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC Section 23114.
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water shall be used where feasible.
• Monitoring Program:
Construction phase air quality mitigation measures are monitored by the Air Pollution
Control District (APCD), through a complaint based enforcement system. The
requirements listed above are noted on the project plans and the City Building Inspector
and Public Works Inspector for the project are instructed to contact APCD in the event of
a probably violation. Members of the public can also call APCD if they are concerned
about dust or other emissions from a construction site.
Exhibit A
2. Mitigation— Air Ouality
a. For residential units, provide all of the following:
i. Increase the building energy efficiency rating by 10% above what is required by Title
24 requirements. This can be accomplished in a number of ways (increasing attic,
wall or floor insulation, etc.);
ii. Provide secure on -site bicycle parking for multi -family residential developments; and
iii. Build new homes with internal wiring/cabling that allows telecommuting,
teleconferencing, and tele-leaming to occur simultaneously in at least 3 locations in
each home.
b. For retail/office uses, provide all of the following:
i. Increase the building energy efficiency rating by 10% above what is required by Title
24 requirements. This can be accomplished in a number of ways (increasing attic,
wall or floor insulation, etc.).
ii. Provide on -site bicycle parking. One bicycle parking space for every 10 car parking
spaces is considered appropriate;
iii. Provide on -site eating, refrigeration and food vending facilities to reduce lunchtime
trips.
iv. Provide preferential carpool and vanpool parking; and,
v. Provide shower and locker facilities to encourage employees to bike and/or walk to
work, typically one shower and three lockers for every 25 employees.
vi. As indicated on page 11-8 of the project description, implement a Transportation
Choices Program. The applicant shall work with the Transportation Choices
Coalition partners for free consulting services on how to start and maintain a
program. Contact SLO Regional Rideshare at 541-2277.
vii. Plant shade trees along southern exposures of buildings to reduce summer cooling
needs.
viii.Use high efficiency, gas or solar water heaters.
ix. Use built-in energy efficient appliances.
x. Use double -paned windows.
• Monitoring Program:
These items are monitored through Architectural Review, where many of these items are
listed as conditions of approval. The Planning Division of the Community Development
Department also will review plans submitted with a building permit application to insure
that the requirements listed above are noted where appropriate. Final monitoring of these
requirements comes during the final inspection of the project, prior to occupancy. On-
going monitoring can be implemented during reviews of the Use Permit for the project,
or during reviews of subsequent use permit applications.
Broad Street Mixed Use (ER 24-03) 2 of 6
Exhibit A .
3. Mitigation — Air Quality
The project site is located in a Naturally Occurring Asbestos candidate area. Naturally
Occurring Asbestos has been identified by the state Air Resources Board as a toxic air
contaminant. Serpentine and ultramafic rocks are very common in the state and may
contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics
Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, the applicant must comply with all requirements outlined in the Asbestos
ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These
requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan
which must be approved by the District before construction begins, and 2) an Asbestos
Health and Safety Program will also be required for some projects, to the approval of the
APCD. The APCD monitors State air quality requirements and will be routed plans that
are submitted for building permits for the project to insure compliance with all standards
and requirements. APCD also responds in the field during construction on a complaint
basis.
• Monitoring Program:
Building permits for the project will not be issued until the APCD has "signed -off' on the
applicant's Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program.
4. Mitigation — Biological Resources
An exclusion fence delineating the required 20-foot setback shall be installed along each
bank of the creek prior to construction. A qualified biological monitor shall be present
during all construction or landscaping activities scheduled to take place within the
barrier, to the approval of the Natural Resources Manager.
• Monitoring Program:
The Planning Division of the Community Development Department will review plans
submitted with a building permit and require his mitigation measure to be clearly printed
on all plan sheets that show any portion of the creek. The Building Inspector and Public
Works Inspector will also monitor this requirement during daily inspections of the project
site.
5. Mitigation — Biological Resources
Erosion control measures shall be used to ensure that no sedimentation of the stream
channel occurs as a result of construction activities.
Broad Street Mixed Use (ER 24-03) 3 of 6
10 Exhibit A
• Monitoring Program:
The Planning Division of the Community Development Department will review plans
submitted with a building permit and require his mitigation measure to be clearly printed
on all plan sheets that show any portion of the creek. The Public Works Department will
review all grading plans to insure implementation of BMPS's for soil erosion. The
Building Inspector and Public Works Inspector will monitor these requirements during
daily inspections of the project site.
6. Mitigation — Biological Resources
Landscaping along the creek channel shall include the planting of native riparian trees
such as sycamores and cottonwoods. These trees shall be maintained so that they
eventually produce a canopy that will shade sections of the stream channel that are
currently choked with cattails. This measure is intended to inhibit cattail growth and
create more open water areas, which would improve habitat for southwestern pond
turtles.
• Monitoring Program:
The final restoration landscaping plan for the creek will be reviewed and approved by the
Natural Resources Manager who will also make a final inspection of the project to insure
that the landscaping has been installed per plan, prior to project occupancy.
T. Mitigation —Biological Resources
Invasive plant species within the riparian corridor shall be removed from the site and
disposed of in a proper manner.
• Monitoring Program:
The final restoration landscaping plan for the creek will be reviewed and approved by the
Natural Resources Manager who will also make a final inspection of the project to insure
that the landscaping has been installed per plan, prior to project occupancy.
8. Mitigation— Biological Resources
The Architectural Review Commission shall review the design and location of all fencing
proposed adjacent to the creek to insure consistency with the Creek Setback Ordinance
and the Community Design Guidelines.
• Monitoring Program:
The applicant will be required to prepare a detailed fencing plan prior to final ARC
review of the project. The ARC will be asked to review the design and location of the
Broad Street Mixed Use (ER 24-03) 4 of 6
n Exhibit A
fence, consistent with any other mitigation measures or conditions of approval required
by the City Council.
9. Mitigation — Hazards (Airport)
Construction of more than 61 residential units on the project site is subject to City
approval of an Administrative Use Permit. The purpose of the use permit will be to
evaluate consistency with the Airport Land Use Plan. The use permit will be referred to
the ALUC, unless prior changes to the City's General Plan and Zoning Ordinance that are
approved by the ALUC make such a referral unnecessary.
• Monitoring Program:
Prior to issuance of building permits for more than 61 residential units on the project site,
the City must approve: an Administrative Use Permit. The Use Permit is needed to insure
consistency with the Airport Land Use Plan. The Use Permit will be forwarded to the
Airport Land Use Commission for a consistency determination prior to issuance of any
building permit that would allow construction of more than 61 units.
10. Mitigation — Hazards (Airport)
The applicant shall be required to submit proof that a real estate disclosure form and an
avigation easement have been recorded, or are in the process of being recorded, prior to
building permit issuance for any development on the project site.
• Monitoring Program:
These documents will be reviewed by the Planning Division of the Community
Development Department before permits are issued for construction.
11. Mitigation — Noise— Noise
The following construction methods shall be employed to achieve a Noise Level
Reduction (NLR) of 20 dB for transportation related noise sources:
a. Air conditioning or mechanical ventilation systems shall be provided as
recommended by the noise study so that doors and windows can be kept fully closed
during noisy times.
b. The project shall be constructed with windows and sliding glass doors that have
low air leak rate frames (less than .5 cfm per foot of crack length, per standard test).
c. All exterior doors shall be of solid -core construction, with full perimeter weather
stipping and threshold seals.
• Monitoring Program:
These requirements are routinely monitored by the Building Division of the Community
Development Department during their review of plans submitted with a building permit
application.
Broad Street Mixed Use (ER 24-03) 5 of 6
Exhibit A
12. Mitigation — Noise
A 17 dB noise level reduction is required to mitigate the noise level created by the fan at
Level 3. This level of noise reduction can be achieved if the existing iron security fence
that surrounds the exterior generators is modified to become a noise barrier on the south
and east sides. The applicant shall replace these portions of the existing fence with a
sound barrier wall of masonry construction and height of about 18 to 20 feet.
• Monitoring Program:
The requirement is monitored by Architectural Review of the wall design and a detailed
review of building plans to insure consistency with the noise reduction requirements.
The mitigation measure will be made a condition of project approval and the wall will
have to be completely installed before occupancy of the project is permitted.
13. Mitigation —Noise
Because of the proximity between the UPS facility parking lot and the nearest proposed
residences, a continuous sound barrier along the sites common property line with the UPS
property is required to achieve the required 10 dB of noise reduction. The design of the
noise barrier shall be reviewed and approved by the Architectural Review Commission
prior to action on this Initial Study, to insure that the proposed wall can be implemented
in a manner consistent with the City's Community Design Guidelines.
• Monitoring Program:
The requirement is monitored by Architectural Review of the wall design and a detailed
review of building plans to insure consistency with the noise reduction requirements.
The mitigation measure will be made a condition of project approval and the wall will
have to be completely installed before occupancy of the project is permitted.
Broad Street Mixed Use (ER 24-03) 6 of 6
Exhibit B - USES ALLOWED (Broad Street Mixed -Use Project)
Pefmlt t3CqulremBnt m i� tjl,erm¢ negwremenc SpeGflcuse
Land Use C S ! Project Regulations
AGRICULTURE
Crop production and grazing �D
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Furniture and fixtures manufacturing, cabinet
shop
Industrial research and development
Laboratory - Medical, analytical, research, testing
Laundry, dry cleaning plant
Manufacturing - Light
Photo and film processing lab
Printing. and publishing
Recycling facilities - Small collection facility
Storage yard
Warehousing, indoor storage
Wholesaling and distribution
LODGING
Homeless shelter
RECREATION. EDUCATION. & PUBLIC ASSEMBLY USES
Bar/tavern
Club, lodge, private meeting hall
Fitness/health facility
Night club
Public assembly facility
Religious facility
School - Specialized education/training
Special event
Sports and active recreation facility
Studio - Art, dance, martial arts, music, etc.
Theater - Drive-in
RESIDENTIAL USES
Caretaker quarters
Home occupation
Livetwork units
Mixed -use project
Workflive units
CIITAII Sa1.FS
Auto and vehicle sales and rental
Auto parts sales, with installation
Auto parts sales, without installation
Building and landscape materials sales, indoor
Building and landscape materials sales, outoor
Concurrent Sales of alcoholic beverages and
motor fuel
PC
A
PC
A
A
D
A
D
PC PC
D D
D D
A D
D D
PC PC
D171 D(7)
A A
D D
PC PC
A A
PC
A A
H H
A A
PC A
A A
A PC
A PC
A A
A A
I
Ivy
.9s
1 17.08.010 1
17.08.090
17.08.120
17.08.072
Page 1 of 3
Exhibit B - USES ALLOWED (Broad Street Mixed -Use Project)
rental
Convenience store
Extended hour retail
Farm supply and feed store
Fuel dealer (propane, etc)
Furniture, furnishings, and appliance stores
Mobile home, RV, and boat sales
Produce stand
Restaurant
Service station (see also 'vehicle services')
Warehouse stores - 45,000 sf or less gfa
Warehouse stores -. more than 45,000 sl gfa
SERVICES - BUSINESS. FINANCIAL & PROFESSIONAL
ATMs
Banksand financial services
Business support services
Medical service - Clinic, laboratory, urgent care
Medical service - Doctor office
Office - Accessary
Office - Processing
Office - Production and administrative
Photographer, photographic studio
SFRVICFS. GENERAL
Catering service
Cemetery, mausoleum, columbarium
Copying and Quick Printer Service
Day care - Day care center
Equipment rental
Food bank/packaged food distribution center
Homeless shelter
Maintenance service, client site services
Mortuary, funeral home
Personal services
Personal services - Restricted
Public utility facilities
Repair service - Egwpment, large appliances,
etc.
Vehicle services - Repair and maintenance -
Major
Vehicle services - Repair and maintenance -
Minor
Vehicle services - Carwash
Veterinary clinidhospital, boarding, large animal
—Veterinary clinicthospital, boarding, small anima,
indoor
D
D A
D D
A A
D -
A A
A
A D
D A
A
0 D
PC -
A A
D(a) A
A A
D(12)' A
D(12)' A
A A
0(a) A
D(a) A
A A
A
A
D
D
PC
A
D
A
D
A
A
A
1 17.08.095 1
17
1 17.08.100 1
1 17.01.110 1
1 17.08.080 1
Page 2 of 3
O
Exhibit B - USES ALLOWED (Broad Street Mixed -Use Project)
Permit Requirement1:1111111.
Permit Requirement Spedne use
Land Use C-S Project Regwatlona
e ennary clinictriospital,75araing, small anima,
outdoor D
TRANSOnfiTATInm A COMMHNICATIC?NS
Airport
Ambulance,taxi,and/or limousine dispatch
facility
Antennas and telecommunications facilities
Broadcast studio
Heliport
Parking facility
Parking facility - Multi -level
Parking facility - Temporary
Railroad facilities
Transit station or terminal
Transit stop
Truck or freight terminal
D 17.16.120
A
PC
D 17.08.010
D
A
PC
Any commercial use that operates between the hours of 6:00 PM and 8:00 AM shall require prior approval of an Administrative Use Permit
Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
AID = Director's approval on ground floor, allowed on second floor or above. H=Home Occupation Permit
Note: Footnotes affecting specific land uses and Specific Use Regulations are found in the Zoning Regulations
Medical services only permitted if approved by the Council for C-S zones Citywide
Page 3 of 3
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