HomeMy WebLinkAbout9625-9640RESOLUTION NO. 9640 (2064 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A LOT LINE ADJUSTMENT WITH AN
EXCEPTION TO THE LOT WIDTH
REQUIREMENT FOR PROPERTIES LOCATED AT
465 AND 467 DANA STREET, (LLA 177 -04).
WHEREAS, the City Council conducted a public hearing on December 7, 2004, and has
considered testimony of the applicant, interested parties and the evaluation and recommendation
of staff; and
WHEREAS, the City Council finds that the proposed lot line adjustment and minor
subdivision exception are consistent with the General Plan, Zoning and Building Regulations,
and other applicable City ordinances; and.
WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as
provided for by California Environmental Quality Act Guidelines, Section 15305 Minor
Alterations in Land Use Limitations.
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
(LLA 177 -04), the applicant'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. With a minor exception to the Subdivision Regulations, the resulting parcels from the lot line
adjustment will be more in conformance with the City's Zoning Regulations and Building
Code standards.
3. The site is physically suited to the type and density of development allowed in the R -3 -H
zone.
4. The proposed lot line adjustment is categorically exempt from environmental review,
pursuant to Section 15305 of the CEQA Guidelines.
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Resolution No. 9640 (2004 Series)
Page 2
5. The property to be divided is of such size or shape, or is affected by such site or topographic
conditions, that it is impossible, impractical or undesirable, in this particular case, to conform
to the strict application of the regulations codified in Title 16 of the Municipal Code
(Subdivision Regulations) because the site is constrained by the location of two existing
buildings that are situated across the dividing property line that separates the two parcels.
6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole
reason for granting the modification because the adjustment will bring the existing
development at 467 Dana Street into compliance with Building Code standards and allow
structures on both properties, including the historic house, to remain in their present form and
location without the need for building demolition or relocation.
7. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity since the resulting parcels are consistent with the
lot area and dimensions of other properties in the vicinity and the proposed lot design will
minimize conflicts between adjacent properties.
8. Granting the modification is in accord with the intent and purposes of these regulations, and
is consistent with the General Plan and with all applicable specific plans or other plans of the
City because the adjustment will not alter the historic development pattem established in the
neighborhood or appearance of the lots as viewed from the public right -of -way.
SECTION 2. Approval. The request for-approval of the Lot Line Adjustment (LLA 177-
04) with an exception to the Subdivision Regulations for lot width, is hereby approved subject to
the following code requirements.
A building permit shall be required for alterations to the existing buildings located at 467
Dana Street. Specifically, all existing exterior walls less than 5 feet from the property line
shall be altered to become one -hour fire - resistive assembly, with no windows allowed.
Elimination of windows in the wall may require additional windows at another wall to
provide required natural light and ventilation. All work required shall be completed and
receive final inspection approvals prior to recordation of the LLA.
2. 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" to the Public Works Director for review, approval and recordation, based on
samples available in the Community Development Department. The submittal shall include
all required recording and processing fees and an 8 ' /z" x 11" map exhibit suitable for
recording.
3. Provide a separate exhibit documenting zoning and building code compliance to the
satisfaction of the Community Development Department prior to recordation of the LLA.
Resolution No. 9640 (2004 Series)
Page 3
4. A separate exhibit showing, all existing public and private utilities shall be approved to the
satisfaction of Community Development Director and Public Works Director prior to
recordation of the LLA. The utility plan shall include water, sewer, storm drains, gas,
electricity, telephone, cable TV, and any utility company meters for each parcel if applicable.
Any utility relocations shall be completed with proper permits prior to recordation of the
LLA. Otherwise, easements shall be prepared and recorded to the satisfaction of the
Community Development Director, Public Works Director and serving utility companies.
5. Building setbacks, eave overhangs, exterior wall protection, utility locations, and utility
relocations or easements if applicable shall be shown to comply with all codes and
ordinances for all properties included in the LLA to the satisfaction of the Building Official.
6. Discrepancies between these plans provided for LLA 177 -04 and the site plan provided per
ARC 184 -03 shall be resolved prior to approval of the ARC application and/or recordation of
the LLA, whichever is applicable.
7. A record of survey may be required in accordance with Business and Professions Code
Section 8762. If required, it shall be recorded with or prior to recordation of the Lot Line
Adjustment Agreement.
On motion of Council Member Brown seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 7`h day of December, 2004.
Mayor David F. Romero
ATTEST:
„Wr
Audrey Hoop r J
City Clerk
C;
Resolution No. 9640 (2004 Series)
Page 4
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
RESOLUTION NO. 9639 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING THE GENERAL PLAN LAND
USE ELEMENT MAP AND EDNA -ISLAY SPECIFIC PLAN MAP FROM
SERVICES AND MANUFACTURING TO OFFICE FOR PROPERTIES
LOCATED AT 715 AND 735 TANK FARM ROAD
(GPA/SPA 52 -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 November 3, 2004, and recommended approval of the General Plan Land Use
Element map and Edna -Islay Specific Plan map amendments; and
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
December. 7, 2004, for the purpose of considering the General Plan Land Use Element map and
Edna -Islay Specific Plan map amendments (GPA/SPA 52 -04); and
WHEREAS, the City Council finds that the proposed General Plan Land Use Element
map and Edna -Islay Specific Plan map amendments are consistent with other policies of the
General Plan; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Negative Declaration of
environmental impact for the project, as prepared by staff and reviewed by the Planning
Commission; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed project, and reflects the independent judgment of the City Council. The
Council hereby adopts said Negative Declaration.
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Resolution No. 9639 (2004 Series)
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SECTION 2. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed General Plan and Specific Plan amendments are consistent with General Plan
Land Use Element policies regarding office locations for the following reasons: 1) The
General Plan will remain an internally consistent document; 2) The site is already developed
with 65,000 square feet of commercial office space, parking and landscaping; 3) The site is
already approved for construction, architecture, engineering, industrial design and certain
professional office uses via Large Office Planned Development's 51 -93 and 182 -02; 4) The
site has street frontage and access from a Highway/Regional Route and Parkway Arterial;
and 5) The project will not significantly increase traffic in residential areas.
2. The proposed project is consistent with the Edna -Islay Specific Plan because office uses are
considered compatible with residential uses and will provide additional employment
opportunities and services for surrounding neighborhoods.
3. The proposed General Plan and Specific Plan amendments will not create non - conforming
uses at the site because all existing uses are allowed within the Office zoning district.
4.. A Negative Declaration was prepared by the Community Development Department on
October 21, 2004. The Negative Declaration concludes that the project will not have a
significant adverse impact on the environment.
SECTION 3. Action. The City Council does hereby approve an amendment to the
General Plan Land Use Element Map and Edna -Islay Specific Plan map from Services and
Manufacturing to Office for properties located at 715 and 735 Tank Farm Road, as shown on
Exhibit A.
SECTION 4. The Community Development Director shall cause the amendment to be
reflected in documents which are on display in City Hall and which are available for public use.
SECTION 5. This amendment shall take affect at the expiration of 30 days following
approval.
On motion of Council Member Mulholland, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
Resolution No. 9639 (2004 Series)
Page 3
The foregoing resolution was passed and adopted this 7`s day of December 2004.
Mayor David F. Romero
ATTEST:
Audrey Hod r
City Clerk
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
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RESOLUTION NO. 9638 (2004 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A VESTING TENTATIVE TRACT MAP 2560 FOR
PROPERTY LOCATED AT 215 BRIDGE STREET
TR 64 -03 (TRACT 2560)
WHEREAS, the Planning Commission of the City of San Luis Obispo recommended
i approval of Application TR/ER 64 -03, a Planned Development subdivision with 22 lots, and
adoption of the Mitigated Negative Declaration at a public hearing in the Council Chamber of
City Hall, 990 Palm Street, San Luis Obispo, California, on October 27 h, 2004; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the Council of the City of San Luis Obispo regarding the project; and
WHEREAS, the City Council of the City of San Luis Obispo reviewed the project and
considered public testimony at a public hearing in the Council Chamber of City Hall, 990 Palm
Street, San Luis Obispo, California, on December 7, 2004; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council reviewed and considered the Mitigated Negative
Declaration of environmental impact and the mitigation monitoring program prepared for the
project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by 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. Findings. Based upon all the evidence, the Council makes the following
findings:
A. Subdivision Findings
1. As conditioned, the design or improvement of the proposed subdivision is consistent with
the General Plan Map for Medium Density Residential because each dwelling has access
to a satisfactory private open space area and the development would occur as part of the
neighborhood pattern anticipated for the Medium Density Residential zone.
2. The site is physically suited for the proposed type of development because it is an under-
developed site that is adjacent to an existing street right -of -way and is close to the public
transit and associated services.
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Resolution No. 9638 (2004 Series)
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3. As conditioned, the site is physically suitable for the proposed density of development
because the site is adjacent to an existing residential neighborhood and there are existing
roadways and services available to serve the development in accordance with City
standards.
4. The design of the subdivision, or the type of improvements, is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat because the site contains provisions to preserve and protect the creek, and
sensitive hillside areas to maintain significant or other potentially significant habitat areas
for fish and wildlife.
5. The design of the subdivision, or type of improvements, is not likely to cause serious
public health problems because the development is of a similar scale to surrounding
development. Additionally, new construction will be designed to meet existing building
and safety codes.
6. The design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision because no such easements exist.
7. The Mitigated Negative Declaration for the project (GPR 64 -03) adequately identifies
and evaluates the potential impacts associated with this project and where impacts are
potentially significant, mitigation measures are provided to reduce these impacts to less
than significant levels.
B Creek Setback Exception Findings for replacement clear span bridge
1. The location and design of the new clear span bridge will minimize impacts to scenic
resources, water quality, and riparian habitat, including opportunities for wildlife
habitation, rest, and movement.
2. The exception will not limit the city's design options for providing flood control
measures that are needed to achieve adopted city flood policies.
3. The exception to allow the new bridge will enhance safe vehicular access for the property
and allow a circulation plan that complies with the City's flood regulations.
4. The exception will not prevent the implementation of city- adopted plans, nor increase the
adverse environmental effects of implementing such plans.
5. There are circumstances applying to the site, such as size, shape or topography, which do
not apply generally to land in the vicinity with the same zoning, that would deprive the
property of privileges enjoyed by other property in the vicinity with the same zoning if
the bridge were not constructed.
6. The exception will not constitute a grant of special privilege —an entitlement inconsistent
with the limitations upon other properties in the vicinity with the same zoning.
7. The exception will not be detrimental to the public welfare or injurious to other property
in the area of the project or downstream.
8. Site development cannot be accomplished with a redesign of the project; and
9. Redesign of the project would deny the property owner reasonable use of the property.
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Resolution No. 9638 (2004 Series) �� //
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C. Findings to allow a 10% parking reduction
1. Since the commercial project will be developed as a condominium plan, with attached
ownership units sharing a common parking area, a shared parking plan and 10% parking
reduction is a logical solution to improve vehicular access and increase site design
options.
2. A 10% parking reduction will allow additional space for a vehicle turn- around area and
allow development to be shifter further from the existing creek.
3. A 10% parking reduction will reduce the parking requirement by only three spaces and is
therefore not likely to result in off -site parking impacts.
Section 2. Approval. The City Council does hereby approve of application TR 64 -03, including
a creek setback exception and a 10% parking reduction for the commercial condominium,
subject to the following conditions and code requirements.
1. Within 6 months of City Council approval (following approval by the Architectural
Review Commission) the applicant shall prepare and submit a final development plan to
the Community Development Director consistent with Zoning Ordinance Section
17.62.060.
2. An affordable housing agreement consistent with the draft affordable housing proposal
shall be submitted for review and approval of the Community Development Director
prior to proceeding to the Architectural Review Commission, following approval of the
applicable entitlements by the City Council.
3. The project shall be forwarded to the Architectural Review Commission to review the
project design for consistency with the Community Design Guidelines following
approval of the Planned Development by the City Council.
4. The project shall be developed with sustainable construction features as identified (or
comparable to) exhibits and testimony provided by the applicant. These features include,
energy and water conservation methods, attention to preservation of native site
conditions, and recyclable construction materials.
5. At least 50% of the common driveway and private outdoor driveway areas shall be
designed with pervious surfaces such as turf block or a similar pervious surface to the
satisfaction of the Community Development Director and the City Public Works division.
6. A common address sign shall be placed at the driveway intersection with Bridge Street.
Address sign shall list all unit addresses and shall be reviewed with architectural plans for
consistency with the proposed subdivision and the existing neighborhood.
Resolution No. 9638 (2004 Series)
Page 4
7. No parking or vehicular access for commercial tenants or customers shall be allowed
within the residential area. A sign shall be posted at the south end of the commercial
condominium to discourage commercial traffic from entering the residential area.
8. No parking, paving, or site construction shall be allowed within the creek setback unless
approved as part of the planned development as shown on the development plan.
9. A turn- around space, consistent with the required dimensions as shown within the City's
Parking and Driveway standards shall be provided at the south end of the commercial
property to allow vehicles to tum around and leave the site in a forward manner without
entering the residential area. Appropriate signs and design features shall be installed in
order to prevent vehicles from parking in the turn - around area.
10. The installation of a clear span bridge as shown on the Tentative Tract Map shall be
completed in conjunction with the project driveway improvements. All components of
the existing bridge, including concrete abutments, shall be removed in conjunction with
the new bridge installation. The applicant shall be responsible for obtaining all necessary
permits that may be necessary in conjunction with performing work within the creek
channel.
11. All parking areas are to be kept clear for parking purposes only and the carports within
the commercial area are to be kept free of storage so that water can flow through at all
times without impediment. This requirement will be included in the CC &Rs.
12. The subdivider shall dedicate a public easement to allow pedestrian access through the
site to a pathway that links to City Open Space property. The pathway shall be
constructed per specifications approved by the City's Natural Resources Manager to the
boundary of the property. The Natural Resources Manager shall define the trail route
from the property boundary to the existing City Open Space trail.
13. The subdivider shall dedicate an easement for all property outside the development limit
line, to perpetually preserve the property as private open space. The double dashed line
identified on the Tentative Tract Map as the "Development Limit Line" shall act as the
boundary of the easement. The easement shall be written to prohibit grading, construction
and land disturbance other than pedestrian pathways or native landscape. Erosion control
devices and wildland fire vegetation control may be allowed within the open space
easement.
14. The subdivider shall dedicate an easement to preserve the blackberry brambles and
associated drainage swale north of lots 2 through 12. The easement shall prevent
vegetation removal, grading, landscaping, and other site disturbance.
Resolution No. 9638 (2004 Series)
Page 5
15. All site construction shall be limited to the footprints of the homesites shown on the
approved final development plan. Additional site construction or changes to the site
configuration shall be subject to review and approval of an amendment to the Planned
Development.
16. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map,
consistent with SLO Municipal Code Section 16.40.080.
17. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents„ officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review.
18. The demolition of the existing residence shall be subject to the City's demolition and
building relocation code and may be subject to a 90 -day newspaper advertisement prior to
demolition or removal.
19. The project shall be subject to Mitigation Measures approved with GPR 64-03 adopted by
separate resolution.
Conditions and code requirements from other departments:
The following code requirements are included for information purposes only. They serve to give
the applicant a general idea of other City requirements that will apply to the project. This is not
intended to be an exhaustive list as other requirements may be identified during the plan check
process.
Public Right -of -way
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.).
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. The subdivider shall dedicate a 2m wide public utility easement across the Bridge Street
frontage. Said easement shall be adjacent to and contiguous with all public right -of -way
lines bordering each lot.
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Resolution No. 9638 (2004 Series)
Page 6
4. The subdivider shall dedicate a 3m wide street tree easement across the Bridge Street
frontage. Said easement shall be adjacent to and contiguous with all public right -of -way
lines bordering each lot.
5. 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.
Water, Sewer & Utilities
6. The proposed on -site sewer main and water services will be privately owned and
maintained by the Homeowner's Association..
7. Final grades and alignments of all 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.
8. If a public water main is approved by the Utilities Department, 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. If alternative paving
materials (eg pavers, grass -crete ,etc) are used for the private street surfacing, the City
will restore any water line repair with temporary asphalt pavement. It shall be the
responsibility of the homeowners association to restore the private street to the desired
condition.
9. 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.
10. 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 the all lots shall be underground.
11. 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
12. Final analysis and design of stormwater facilities shall be consistent with the Drainage
Design Manual section of the City's Waterways Management Plan including but not
limited to the following provisions:
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Resolution No. 9638 (2004 Series)
Page 7
a. Post construction stormwater runoff rates shall not exceed the predevelopment
runoff rates for the 2, 10 and 100 year 24 -hour storm events.
b. 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.
c. All construction within the 100- year FEMA floodplain shall meet the following
requirements per the Waterways Management Plan:
i. There shall be no significant net increase in up -stream or downstream
floodwater surface elevations for the 100 -year flood at General Plan build -
out as a result of changes in floodplain configuration and building
construction. A significant threshold of a 64 mm (2.5 in) increase in
floodwater surface elevations or 0.1 m/s (0.3 Us) increase in stream
velocities shall be used. This shall be demonstrated to the satisfaction of
the Public Works Director and based on a final hydraulic analysis pursuant
to the Drainage Design Manual.
ii. There shall be no significant net decrease in floodplain storage volume as
a result of a new development or redevelopment projects. This can be
achieved by a zero -net fill grading plan, balancing all fill placed on the
100 -year floodplain with cut taken from other portions of the floodplain
within the project area of the application, or with cut exported off site.
Specifically, all fill placed in a floodplain shall be balanced with an equal
amount of soil material removal (cut) and shall not decrease floodplain
storage capacity at any stage of a flood (2, 10, 50, or 100 -year event).
iii. All bridging, culverting and modifications to the existing creek channels
must be in compliance with the City's Waterways Management — Drainage
Design Manual (specifically regarding clear spanning of creeks, etc.) and
be approved by the Public Works Director, Army Corp of Engineers, and
Fish & Game.
iv. 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 Dept. of Fish & Game.
V. 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.
13. 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
(SWRCB).
Resolution No. 9638 (2004 Series)
Page 8
14. A copy of the Stormwater Pollution Prevention Plan required by the SWRCB shall be
included in the PIP set. The WDID Number issued by the SWRCB shall be noted on all
plans that involve land disturbing activities.
15. The detailed hydraulic analysis indicates that the limits of the 100 -year floodplain differ
from the current Flood Insurance Rate Map (FIRM) floodplain. Therefore, the subdivider
shall process and complete a Federal Emergency Management Agency Letter of Map
Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of
any development. Any building pads, identified in the hydrology study to be subject to
flooding during a 100 -yr storm shall be modified to provide minimum finish floor
elevations of at least 1 foot above the 100 -yr storm elevation. Any lots subject to
flooding during the 100 -year flooding shall be shown on the "additional information
sheet" with the final map.
Mapping Requirements
16. 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.
17. 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.
18. 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.
19. 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
drawing files and any associated plot files along with one original, stamped and signed,
ink on mylar set of plans.
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Resolution No. 9638 (2004 Series)
Page 9
20. 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.
21. 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
22. It is necessary to be certain that all City facilities fall within proposed easements or
property deeded to the City. The on -site water and sewer systems shall be privately
owned and maintained. The on -site water and sewer mains shall be labeled on the plans
as "Private ". The existing single family residence located on the remainder parcel shall
be included in the joint ownership and maintenance of the private on -site water and sewer
lines. The joint ownership and maintenance responsibilities of all the owners shall be
clearly described and explained in the homeowners' association agreement, bylaws,
and/or CC &R's.
23. The tentative map shows a 6" water main serving the private on -site fire hydrants, but the
location of the backflow preventer is not indicated. The backflow device shall be located
adjacent to the private driveway, just outside the public right -of -way. The backflow
device shall include a detector meter on the bypass, in accordance with City Standard
6420. The backflow configuration may include one or more fire department connections,
as directed by the fire department.
24. 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 charged on a per residential
unit basis.
25. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well or other water source not under City
control. Such water systems will be allowed to be used only on the property containing
the system, and no part of such a system will be allowed to cross over any property line.
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.
Resolution No. 9638 (2004 Series)
Page 10
26. 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.
27. The project presents an opportunity to evaluate and upgrade the sewer lateral serving the
existing residence on the remainder parcel, if needed. Most plumbers have the ability to
produce a videotape of the inside of the sewer lateral. The Utilities Department can assist
in reviewing the video and making recommendations for repair or replacement, as
appropriate. As stated previously, the owner of the existing residence on the remainder
parcel shall be included in the joint ownership and maintenance agreement, in order to tie
into the proposed private sewer main running through the project.
Street Trees
28. Removal of (1) one pine tree approved with the replanting of several unique and common
landscape trees per. proposed landscape plan. All other existing trees to remain with a
tree protection plan developed for creek and native trees to the satisfaction of the city
arborist. One street tree required per 35 lineal feet of street frontage or any part thereof.
29. Street tree selection may need to be revised considering available space and planted to
city standards.
Natural Resources Manager
30. Slopes consist of serpentine rocks, likely to contain rare or threatened plant species.
Rock outcrop on south side of project should be protected, and encroachments onto
hillside should be kept to a minimum.
31. Drainage on north side of access to the existing house on the hillside is not a creek but is
good quality wildlife habitat. Plan apparently calls for protecting this feature. Natural
Resources staff supports such protection.
Transportation
32. The final development plan shall provide a plan showing locations and dimensions of on
site parking also noting covered vs. uncovered.
33. The final development plan shall describe and detail the bike bench concept.
�1
Resolution No. 9638 (2004 Series)
Page 11
On motion of Vice Mayor Ewan, seconded by Council Member Settle, and on the
following roll call vote:.
AYES: Council Members Brown and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 7 b day of December 2004.
Mayor David F. Romero
ATTEST:
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
D- O
I 1
1`�
RESOLUTION NO. 9637 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AN AMENDMENT TO THE LAND USE ELEMENT MAP FROM
SERVICES AND MANUFACTURING AND OPEN SPACE TO MEDIUM- DENSITY
RESIDENTIAL AND OPEN SPACE AND ADJUSTING THE DEVELOPMENT LIMIT
LINE TO THE 190 -FOOT CONTOUR
FOR PROPERTY AT 215 BRIDGE STREET
GP/R/ER 64 -03
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 October 27, 2004 pursuant to a proceeding instituted under application GP/R/ER
64 -03, Bridge Street Corporation, applicant; and
WHEREAS, the City Council conducted a public hearing on December 7, 2004, and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft mitigated Negative Declaration of
environmental impact as prepared by staff;
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings.
1. Amendment of the General Plan Map from Manufacturing to Medium Density
Residential is consistent with the General Plan text policies that encourage the
preservation and expansion of existing residential neighborhoods.
2. The size, shape and location of the property is not conducive to a manufacturing land use
since the property is separated from other manufacturing areas by a creek and the site is
too close to sensitive hillsides and an existing residential neighborhood.
3. The Medium- Density Residential land use designation is appropriate for this site since it
allows a transition between the existing manufacturing designation and hillside open
space.
4. A Medium- Density Residential land use is appropriate for the site and compatible with
the land use pattern of adjacent properties along Exposition Drive.
5. Allowing the land use amendment will implement the City's Housing Element Policies
that encourage sustainable and affordable housing projects.
6. The amended development limit line location is consistent with hillside planning text
policies that are designed to protect scenic vistas and allow adequate distribution of
public services such as water sewer and fire protection.
R 9637
Resolution No. 9637 (2004 Series)
Page 2
7. The amended location will not significantly alter the aesthetic value of the property, affect
sensitive resources or place structures within a hazardous location.
8. The new development limit line allows for the property to be developed consistent with
the adjacent neighborhood and allows for the preservation of sensitive hillside areas.
9. The adjustment of the development limit line allows housing to be built in a safe and
reasonable location as justified by the geotechnical and flood analyses prepared for the
project.
SECTION 2. Environmental Review. The City Council does hereby adopt a Mitigated Negative
Declaration for the project, with the following mitigation measures and monitoring program.
Aesthetics
1. New construction above the 175 -foot elevation contour shall be limited to a 25 -foot
maximum height limit.
2. Existing willow trees and blackberry brambles at the north boundary of the site shall
remain in place and be protected during all phases of site construction. Grading
limitations, raised foundations, and careful placement of the structures shall
accommodate the existing topography and vegetation. Other trees shall remain on site
unless otherwise approved by the Community Development Department and the City
Arborist for removal.
3. If new street lighting or other public space lighting is proposed, a photometrics plan
that shows how the light does not create substantial glare shall be required, to the
approval of the Architectural Review Commission.
4. Reflective roofing materials shall not be allowed unless proven that the reflective
material will not produce off site glare to neighboring residential properties or the
public right of way.
5. Site development shall be restricted to building footprints shown on the development
plan as approved by City Council. All areas outside the development limit line shall
be deed restricted with a private open space easement. The easement shall restrict
further development of this property and define allowed uses such as passive
recreational paths, landscape and drainage maintenance and necessary fire fuel
management. The existing residence, garage and driveway, including a 25 -foot radius
around the existing development shall be exempt from the required deed restriction.
6. The existing blackberry brambles and associated drainage swale shall remain in place
and a preservation easement shall be recorded across the proposed lots for these
features. The easement shall specify allowed uses and shall not allow grading,
construction or removal of vegetation unless necessary for fire fuel management or
City approved drainage improvements.
Monitoring Program:
Plans submitted for architectural review shall provide a required setbacks and site dimensions.
Compliance with the site plan shall be verified through construction plan check and site
review. A lighting photometric plan shall be submitted for review and approval by the
Community Development Department as part of the construction plan check. An examination
of installed lighting will be analyzed prior to occupancy of the site. A final landscape plan
Resolution No. 9637 (2004 Series)
Page 3
will be reviewed and approved as part of the construction plan check. Installed landscape will
be reviewed prior to occupancy release.
Air Quality
7. The following mitigation measures are designed to reduce temporary and intermittent
air pollution associated with grading and construction of the site. These mitigation
measures are required at the start and maintained throughout the duration of the
construction or grading activity:
a) Unless otherwise approved, an Asbestos Dust Mitigation Plan shall be submitted to
the Air Pollution Control District for review and approval prior to the start of any
construction or grading activity. The plan, if required shall be implemented during
all phases of earthwork at the site.
b) Construction vehicle speed at the work site must be limited to fifteen (15) miles per
hour or less;
c) Prior to any ground disturbance, sufficient water must be applied to the area to be
disturbed to prevent visible emissions from crossing the property line;
d) Areas to be graded or excavated must be kept adequately wetted to prevent visible
emissions from crossing the property line;
e) Storage piles must be kept adequately wetted, treated with a chemical dust
suppressant, or covered when material is not being added to or removed from the
pile;
f) Equipment must be washed down before moving from the property onto a paved
public road; and
g) Visible track -out on the paved public road must be cleaned using wet sweeping or a
HEPA filter equipped vacuum device within twenty -four (24) hours.
Monitoring Program:
An asbestos dust mitigation plan shall be submitted to the City and approved by the Air Quality
District prior to issuance of a construction permit. City staff shall ensure compliance with
standards through site inspections.
Biological Resources
8. All construction activities including grading, vegetation removal, stockpiling,
equipment storage etc. shall remain outside of the 20 -foot creek setback line at all
times unless an exception for such construction has been approved by the Community
Development Department. The creek setback line shall be established by the City's
Natural Resource Manager and marked in the field. The setback area shall be fenced
with orange construction fencing, and shall be in place prior to the beginning of
construction and throughout the duration of construction.
9. Replacement of the bridge and associated improvements crossing the creek shall
require permits from the Department of Fish and Game unless otherwise exempted
from such review. The bridge design shall be a clear -span bridge as provided in the
conceptual plans.
10. Paved vehicular parking areas shall not be allowed within the creek setback area.
Monitoring Program:
Resolution No. 9637 (2004 Series)
Page 4
Prior to release of City construction permits, the riparian areas shall be inspected for fencing and
erosion control protection. A separate permit shall be secured by the Department of Fish and
Game and other applicable agencies prior to issuance of a City construction permit that allows
work within or over the creek area.
Cultural Resources
11. During construction, in the event that subsurface cultural or historic material is
discovered on the property, all activities shall cease in the affected area until the area
is surveyed by an archeologist historian approved by the City. At that time a
subsurface testing program shall be initiated in order to determine the presence or
absence of any historic or pre- historic materials on the site. Under the direction of the
archaeologist/historian, a mitigation plan shall be developed and approved by the
environmental coordinator.
12. Prior to removing or demolishing the existing residence at the property, all provisions
of the City's Building Demolition and Relocation codes shall be utilized.
Monitoring Program:
Ongoing field inspections by City staff and construction staff awareness shall ensure compliance
with the mitigation measures. The project shall be reviewed for consistency with the City's
Historic Preservation Program Guidelines and the Demolition Ordinance for the demolition or
relocation of the existing residence upon submittal of construction permit applications.
Geology and Soils
13. The recommendations of the engineering geotechnical report prepared by GSI Soils
on September 9, 2004 shall be incorporated into the project unless superior design
alternatives are approved by the City Public Works Director subject to approval of a
State registered geotechnical engineer.
Monitoring Program:
The engineering geotechnical report recommendations shall be incorporated into the project
plans to be submitted for construction permits. The applicable construction methods shall be
incorporated into the final project and inspected as part of the building inspection process during
construction.
Hydrology and Water Quality
14. All site drainage shall be directed towards the public right of way or on site private
drainage systems unless other provisions are approved by the City.
15. Driveways, parking areas or private streets shall be constructed of pervious materials,
to the greatest extent feasible, such as turf block to enhance on -site water percolation.
16. Commercial structures on sites 1 -8 shall be designed so as not to impede floodwaters
through the use of open carports or other design features that will not block potential
floodwaters.
17. All development shall comply with the City's latest edition of the Flood Management
Prevention Guidelines.
Monitoring Program:
Construction plans, including a grading and drainage plan, shall reflect direction of drainage and
identify any proposed detention or retention. Pervious paving materials (where used) shall be
Resolution No. 9637 (2004 Series)
Page 5
shown on the construction plans. Drainage systems and applicable installations shall be
incorporated into the site prior to final inspection.
Noise
18. The south and east elevation of the commercial structure nearest the residential
property shall have wall construction with an S.T.0 (Sound Transmission Class)
rating of 30 greater. As an example, stucco exterior 2" x 6" stud walls with minimum
R -13 batt insulation and two layers of 1/2" gypsum board screwed to resilient strips on
the interior will provide an STC rating of 30 or greater. All south and east facing
windows of this commercial structure shall incorporate operable or sealed glazing .
assemblies that have an STC rating equal or greater than 30.
19. Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues and other
breaks in the integrity of the wall, ceiling or roof construction on the east side of the
commercial building nearest the residential property line and the residential unit on
lot 2 shall receive special attention during construction. All construction openings
and joints on the walls on the east side of the site shall be insulated, sealed and
caulked with a resilient, non - hardening caulking material. All such openings and
joints shall be airtight to maintain sound isolation.
20. For the residential unit on lot 2, the soffit vents, eave vents, dormer vents and other
wall and roof penetrations shall be located on the walls and roofs facing south and
east away from commercial uses unless such penetrations have an STC rating of 30 or
greater. Wall and window construction of the unit on lot 2 shall be designed to meet
or exceed an STC rating of 30 or greater.
Monitoring Program:
A noise disclosure shall be recorded on the deeds of subject properties, along with the Final
Subdivision Map, prior to final inspection of the construction. Plans for sound attenuation, shall
be provided on the final construction drawings. All such improvements shall be completed prior
to final inspection.
SECTION 3. Adoption.
1. The Land Use Map is hereby amended as shown in Exhibit A.
2. The Community Development Director shall cause the change to be reflected in
documents, which are on display in City Hall and are available for public viewing and
use.
3. The Development Limit Line shall be established at the 190 foot contour, however, in no
case shall development of structures be allowed above the elevation of footprints
generally shown on the Tentative Tract Map dated November 8, 2004, unless a revised
development plan has been approved by the City Council. ,
Resolution No. 9637 (2004 Series)
Page 6
On motion of Vice Mayor Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 7th day of December 2004.
c/ II �l�G�.i1I1M�Alm
Mayor David F. Romero
Ia1111U0.16
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
J6albdn P. Lowell
City Attorney
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RESOLUTION NO. 9636 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE MASTER LIST OF HISTORIC RESOURCES
TO INCLUDE PROPERTY LOCATED AT 2030 JOHNSON AVENUE
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing
the "Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097
establishing historical preservation program guidelines, including procedures for adding
properties to the listing; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee
held a public hearing on September 27, 2004 to consider a request by Daniel and Sandra
Carpenter, property owners of 2030 Johnson Avenue, to add said property to the Master List
of Historic Resources, and;
WHEREAS, said property was being considered for historic status, in part, because
of its historic association with the original San Luis 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 Master List, and;
WHEREAS, this City Council considered this recommendation during an
advertised public hearing on December 7, 2004, pursuant to historic preservation guidelines
established by Council Resolution No. 6157 (1987 Series);
t2 A& 3(�
D o
Council Resolution No. 9636 (2004 Series)
Page 2
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:
SECTION 1. Environmental Determination. 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. Findings. The building located at 2030 Johnson Avenue meets the Historic
Preservation Program Guidelines criteria for historic listing as a Master List Property under
Architectural Criterion I. Style (3), Historical Criterion VII. History — Event (3), and
Historical Criterion VIII. History — Context (3), based on the following findings:
1. The property exhibits traditional, vernacular and/or eclectic influences that represent
a particular social milieu and period of the community, in that the building served as
the Home Economics building for San Luis Obispo High School and its design and
scale served as a model home for home arts education, and to a great extent has
maintained its architectural integrity.
2. The property is associated with a social, political, economic, governmental,
educational or other institutional event that has been important to the community,
namely establishment, demolition and relocation of San Luis Obispo High School.
3. The building exhibits secondary patterns of local history as it is the last remaining
known building of the original San Luis Obispo High School Campus, having been
relocated twice from its original location near the intersection of Marsh and Johnson
Streets.
SECTION 3. Addition to Master List of Historic Resources. The building located at
2030 Johnson Avenue is hereby added to the Master List of Historic Resources as a Type 5
Property, not eligible for the National Register of Historic Places but significant at a local
level, based on historic documentation on file in the Community Development Department.
Council Resolution No. 9636 (2004 Series)
Page 3
SECTION 4. Publish Revised Master List of Historic Resources. The Community
Development Director is hereby directed to amend the Master 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 5. 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.
Upon motion of Vice Mayor Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of December, 2004.
l�
Mayor David F. Romero
ATTEST:
Audrey Ho er
City Clerl
APPROVED AS TO FORM:
WIMP, MG
.G
City Attorney
lWA
LEGAL DESCRIPTION OF LISTED HISTORIC PROPERTY
Following is the legal description of the property added to the City of San Luis
Obispo's Master List of Historic Resources as a `Type 5" Historic Property (not
eligible for the National Register of Historic Places, but significant at a local level),
to be referred by the historic name "Old San Luis Obispo High School Home
Economics Building." This property was added to the Master List on December 7,
2004, by City Council Resolution No. (2004 Series):
2030 Johnson Avenue
Portion of Lot 4, Block 3, Fixilini Terrace
City of San Luis Obispo, California 93401
(Assessor's Parcel Number (APN #) 003 - 584 - .028).
Owners: Daniel L. and Sandra K. Carpenter
0--D D O
RESOLUTION NO. 9635 (2004 Series)
RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN
REAL PROPERTY FOR THE CONSTRUCTION OF THE CALLE JOAQUIN
RELOCATION PROJECT (APN 053 -171 -025; Wayne A. Hanson and Mary Lynch Hanson,
Co- Trustees U/D/T dated January 6,1982, FB /O The Wayne and Mary Jane Hanson Trust,
Owners; APN 053- 171 -021; BHG Property LLC and GJB Remainder LLC, Owners)
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
RECITALS:
1. The City of San Luis Obispo wishes to acquire certain parcels of real property described
herein below for public use by the exercise of the power of eminent domain. The acquisition of such
property is required to complete the construction and acquisition of improvements approved in
connection with the Calle Joaquin Relocation Project ( "the Project "). A general description of the
Project is contained in the Staff Report dated November 16, 2004, and incorporated by reference.
2. Pursuant to Chapter 4, Title 7, Part 3 of the Code of Civil Procedure, written notice of the
intent to consider adopting this resolution of necessity was sent to the owner(s) of record pursuant to
the last equalized County Assessment Roll. The notice specified that the time and place of the
hearing on this resolution of necessity would be on December 7, 2004, at 7:00 p.m. in the City
Council Chamber, 990 Palm Street, San Luis Obispo. A written request to appear has been received
from: Stephen Mugglebee, Esq., on behalf of the Hanson Trust and Western Inn.
3. Due consideration of all oral and documentary evidence introduced has been given;
Now therefore, by vote of two - thirds or more of its members, the City Council of the City of
San Luis Obispo does find and resolve as follows:
a. The findings and declarations contained in this resolution are based upon the
record with respect to the Project before the City Council at its hearing of December
7, 2004, the Staff Report dated December 7, 2004, and the testimony, records and
documents produced at the hearing, all of which are incorporated by this reference.
b. The properties to be acquired are described in Exhibits A and B attached hereto and
made a part hereof;
C. The said properties are to be acquired for public road purposes, pursuant to the
authority granted in California Constitution Article I Section 19; California
Government Code Sections 37350, 37350.5, 40401 and 40404; Title 7, Part 3 of the
Code of Civil Procedure; and other provisions of law;
d. The public interest and necessity require the proposed project;
R 9635
Resolution No. 9635 (2004 Series)
e. The proposed project is planned and located in the manner which will be most
compatible with the greatest public good and the least private injury;
The real property described herein is necessary for the proposed project; and
g. The offer required by Section 7267.2 of the Government Code has been made to the
owner(s) of record of the property.
The City Attorney and special counsel, Price, Postel & Parma LLP, are hereby AUTHORIZED
AND EMPOWERED:
To acquire in the City of San Luis Obispo's name, by condemnation, the said properties in
accordance with the provisions of the California Eminent Domain Law in the Code of Civil
Procedure and the Constitution of California;
To prepare and prosecute in the City's name such proceedings in the proper court as are
necessary for such acquisition; and
To deposit the probable amount of compensation, based on an appraisal, and to apply to said
court for an order permitting the City to take immediate possession and use of said real properties for
said public uses and purposes.
PASSED, APPROVED, AND ADOPTED this 7th day of December 2004, by the
following vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
Mayor David F. Romero
ATTEST:
trlya„
Audrey Hoop rAudrey Hoop r` J�
City Clerk
Resolution No. 9635 (2004 Series)
APPROVED AS TO FORM:
Jon . Lowell
City Attorney
0
1625 Calle .loaouin
Color -coded Plan of Motel 6
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1:400
APN: 053 -171 -021
(not shown in entirety)
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17 1 Exhibit B
MOW 6 PoraW 3.36 Ac
(146,961.60 SF)
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(6.984.915F)
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(427.98 SF)
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EXHIBIT A - APN: 053 -171 -021
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Exhibit A
1585 Ca11e loaouin
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Hanson Parcel (before takes): 2.40 Ac.
1:1250 (104,467.80 SF)
\ Slope Easements (SE) (3 total): 0.052 Ac.
(2,250.57 SF) .
CRY ROW: 0.161 Ac.
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Construction
Easements (TCE) (3 total): 0.059 Ac.
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Remainder- 0.010AC ///- -- TCE C3:.139.10 SF
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(Including 1 TCE) \
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ROW C3: 6993.76 SF
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RESOLUTION NO. 9634 (2004 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 2005 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. 9464 (2003 series) is hereby rescinded on midnight,
January 31, 2005.
SECTION 2. The rates set forth in Exhibit A shall be effective February 1, 2005.
On motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted on this 7'b day of December 2004.
Mayor David F. Romero
ATTEST:
G /
Audrey Hoop v
City Clerk
R 9634
Resolution No. 9634 (201. eries)
Page 2
APPROVED AS TO FORM:
Jonathan well
City Attorney
0
Exhibit A
CITY OF SAN LUIS OBISPO
SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less)
VOLUME -BASED RATES
MINI -CAN SERVICE
$ 6.68 per month for one 19 gallon wastewheeler container collected once each week
ECONOMY RATE
$ 10.69
per month for one 32 gallon wastewheeler container collected once each week
STANDARD RATE
$ 21.38 per month for one 64 gallon wastewheeler container collected once each week
PREMIUM RATE
F$___32_0_7 per month for one 96 gallon wastewheeler container collected once each week
PREMIUM PLUS RATE
$ 9.74 per month for additional 32 gallon wastewheeler container collected once each week
$ 19.48 per month for additional 64 gallon wastewheeler container collected once each week
$ 2923 1 per month for additional 96 gallon wastewheeler container collected once each week
$5.49 per month for vacation (less 17.8% disposal)
SERVICE AWAY FROM THE STREET CURB
additional per month per can or container
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required)
$ 10.84 1pe r trip plus charges identified above for any extra containers or equivalent volume
$ 5.35 additional charge per 33 gallon can or equivalent volume per collection
EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (phone call reauired
$ 1626 ertri5-lus9
per garbage can or equivalent volume (amounts over six cans by quotation)
per white good article (once a month,residential customers only)
$ 4.05 per piece of furniture (residential customers only)
$ 4.05 IDer mattress or boxs rin residential customers only)
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2005
C}
CITY OF SAN LUIS OBISPO
0
3.42% AVERAGE ACROSS THE BOARD INCREASE
FOR INTEGRATED SOLID WASTE ACTIVITIES
EFFECTIVE 2 -1 -2005
MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
cubic yards)
COLLECTIONS PER WEEK
1 2 3 4 5 6
7
1
1.5
2
3
4
6
$
77.14
$
112.35
$
147.52
$
182.71
$
217.901$
253.06
$
288.25
$ 89.32
$ 138.03
$ 186.76
$ 235.47
$ 284.201$
332.90
$
381.64
$ 101.50
$ 162.40
$ 223.29
$ 284.19
$ 345.09
$ 405.96
$
466.86
$__ _ 125.84
$ 211.12
$ 296.37
$ 381.64
$ 466.89
$ 552.15
$
637.41
$ 150.21
$ 261.19
$ 372.18
$ 483.15
$ 594.131$
705.13
$
816.12
$ 198.91
$ 359.961$
521.03
$ 682.08
$ 843.15
1 $ 1,004.20
1 $
1,165.26
I ne 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
Of
cans
COLLECTIONS PER WEEK
1 2 3 4 5 6
7
1
2
3
4
5
6
7
8
$
18.96
$
29.76
$
40.59
$
51.41
$
62.231$
73.05
$
83.86
$ 24.36
$ 37.90
$ 51.43
$ 64.96
$ 78.51
$ 92.03
$
105.56
$ 29.77
$ 46.04
$ .62.27
$ 78.54_
$ 94.77
$ 111.02
$
12727
$ 35.20
$ 54.15
$ 73.09
$ 92.04
$ 111.00
$ 129.95
$
148.89
$ 40.61
$ 62.26
$ 83.91
$ 105.56
$ 127.23
$ 148.87
$
170.53
$ 46.04
$ 70.38
$ 94.73
$ 119.10
$ 143.43
$ 167.81
$
192.15
$ 51.441$
78.53
$ 105.57
$ 132.65
$ 159.72
. $ 186.79
$
213.85
$ 56.871$.
86.65
$ 116.43
$ 146.20
$ 176.00,1$
205.791$
235.56
9
$
62.271$
94.76
$
_ 127.251$
159.731$
192.21
$
224.691$
257.18
maximum vdiume and weignt per garbage can: 3a gallons ana SO pounds
Additional charge per can per collection: 1 $ 5.82
Optional Waste Wheeler rental if requests $ - I Per month for 32 gallon & 64 gallon size
Sunday service $ 47.38 per month in addition to garbage service monthly cost
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2005
CITY OF SAN LUIS_OBISPO
COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH)
number -
of
containers
_
-
2 cubic yards
H$E
3 cubic yards
COLLECTIONS PER WEEK
4 cubic yards
- -
1 2 3 4 5 6
7
1
$
33.78
$
54.08
$
74.39
$
94.69
$
115.01
$
135.30
$
155.63
2
3
4
5
$
55.38
$
85.13
$
114.90
$
144.67
$
174.44
$
204.20
$
233.99_
$ '76.97
$ 116.20
$ 155.45
$ 194.69
$ 233.95
$ 273.17
_$_
312.42
$ 98.55
$ 147.26
$ 196.00
$ 244.70
$ 293.43
$_ 342.13
$
390.88
$ 120.14
$ 178.35
$ 236.53
$ 294.74
$- 352.93_
$ 411.12
$
469.31
6
$ -
141.74
$
209.421$
$ . 733.52
277.08
$
344.74
. $
412.41
$ __
480.11
$
547.75
7
8
$
163.34
$
240.481$
317.62
1 $
394.77_
. $
471.92
$
549.06
1 $
62620
$ 184.93
$ 271.551$
358.161$
444.78
$ 531.40
1 _$_ 618.02.,1$
704:64.
.9
$
206.53
$
302.61
1 $
398.69
1 $
494.77
$
-590,861-$
686.931$
783.00
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
cubic rds
1 cubic yard (minimum charge)
2 cubic yards
H$E
3 cubic yards
COLLECTIONS PER WEEK
4 cubic yards
- -
1 2 3 4 5 6
- 7- . -
_ 1
1;5
2
3
4
6
8
$
67.67
$
94.73
$
121.81
$
148.871
175.92,1$
203.00
$
--230.08-
$ 75.79
$ 110.96
$ 146.14
$ 181.34
$ 216.52
$ 251.71
$
_ _ 286.90.
$ 83.90
1 125.85
$ 167.83
$ 209.78
$ 251.74..$_
293.69
$
_- 335.65.
$ 100.14
$ 158.33
$ 216.52
$ 274.71
$ 332.90
$ 391.10
$
449.30
$ 116.37
$ 192.16
$ 267.93
$ 343.74
$ 419.51
$ 495.30
$
571.10
$ 148.84
$ 255.771$
362.69
$ . 469.62
$ 576.55_
$_ 683.46
$
790.40
$ 181.31
1 $ 319.371$
457.41
$ 595.47
$ . 733.52
$ 871.57
$
1,009.62
i ne rates Snown above Induce Tne montnly Container rental tee ano are the same tot bins
and garwoods, when volume is identical.
Sunday service 1 $ 47.38 per month in addition to garbage service monthly cost
UNSCHEDULED EXTRA COLLECTIONS FOR
COMMERCIAL CUSTOMERS AND
MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2005
1 cubic yard (minimum charge)
2 cubic yards
H$E
3 cubic yards
4 cubic yards
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2005
• O
CITY OF SAN LUIS OBISPO
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
cubic yards)
COLLECTIONS PER WEEK
1 2 3 4 5 6
7
1
1.5
2
3
4
6
8
INCLUDED
$
23.68
$
30.45
$
37.22
$
43.98_
$
50.76
$
57.51
INCLUDED
$ 27.74
$ 36.53
$ 45.32
$ 54.12
$ 62.92
$
71.73
INCLUDED
$ 31.46
$ 41.95
$ 52.45
$ 62.93
$ 73.42
$
83.91
$ 25.04
$ 39.59
$ 54.12
$ 68.68
$ 83.23
$ 9718
$
112.32
$ 29.10
$ 48.06
$ 66.99
$ 85.93
$ 104.87
$ 123.84
$
142:77
$ 37.21
$ 63.94
1 $ 90.68
1 $ 117.41
$ 144.16
1 $ 170.86
$
197.60
$. 45.32
1 $ 79.831$
114.371$
148.871$
183.381$
217.91
$
252.41
1 ne rates snown above Include the monthly container rental tee 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 $ 45.79 _ 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 2 -1 -2005
la,--�, , -( O
n O
N
RESOLUTION NO. 9633 (2004 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF AN OFFER OF DONATION OF
A 1.05 ACRE PROPERTY ON SAN LUIS OBISPO CREEK
AT PRADO ROAD AND SOUTH HIGUERA STREET
WHEREAS, Rob and Elise Olson, Randy Ramsay, and Lisbeth Gladwill, ( "Grantors ")
are the owners in fee simple of certain real property in the City of San Luis Obispo, California,
described in the attached Exhibit A (the "Property to be Donated ") identified as a portion of San
Luis Obispo County Assessor's Parcel Number 053- 051 -066; and
WHEREAS, the Grantors wish to donate said property to the City of San Luis Obispo for
public benefit purposes; and
WHEREAS, the Property to be donated possesses natural resource values including
wildlife and plant resources, scenic values, and recreational values of great importance to
Grantors and to the people of the City of San Luis Obispo; and
WHEREAS, Grantors intend that the above - mentioned values should be preserved and
maintained by the transfer of the property to public ownership; and
WHEREAS, this Offer of Donation is voluntary on the part of the Grantors; 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 such donations; and
WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the
intentions of Grantors stated herein and to preserve and protect in perpetuity the above -
mentioned values of the Property to be donated 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:
Accepts with thanks the offer of donation of 1.05 acre portion of San Luis
Obispo County Assessor's Parcel Number 053- 051 -066 as indicated in Map
Exhibit A; and
2. Authorizes and directs the Mayor to accept a deed to the Property to be
donated on behalf of the City of San Luis Obispo.
R 9633
Resolution No. 9633 (2004 Series)
Page 2
The foregoing resolution was passed and adopted this 7"' day of December 2004.
On motion of Council Member Mulholland, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
Mayor David F. Romero
ATTEST:
9 % A
. it //-/" Au ey Hooper
City Clerk
APPROVED AS TO FORM:
Jona an P. Lowell
City Attorney
EXHIBIT A
THIS AGREEMENT FOR DONATION AND ACCEPTANCE OF REAL PROPERTY shall
apply to all thatportion of San Luis Obispo Assessor's Parcel No. 053 - 051 -066, described as
follows:
All that real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, being a portion of Parcel 1 of Parcel Map SLO -71 -178, said Parcel Map being
recorded in Book 6, Page 70 of Parcel Maps in the office of the County Recorder of said
County, a survey of said Parcel Map being recorded.in Book.29 of Records of Survey at page
42 in the office of said County Recorder; said portion of said Parcel 1 being more particularly
described as follows:
Beginning at the northerly corner common to Parcels 1 and 2 of said Parcel Map, said point
being the most northerly corner of that certain real property described in a deed to the City of
San Luis Obispo recorded as Document- Number 2003 - 139912; thence along the northerly
line of said real property and said Parcel 1, S 64 degrees 19'286 25.00 feet to the True Point
of Beginning; thence, along the easterly line of said property, S 10 degrees 36'27" E 210.72.
feet; thence, continuing along said easterly line S 14 degrees 10'33" W 88.53 feet; thence,
continuing along said easterly line S57 degrees 32'45"W 72.88 feet; thence, leaving said
easterly line, S 63 degrees 47' 04" E 131.82 feet to the easterly line of said Parcel 1 thence,
along said easterly line N26 degrees 12'56" E 319.76 feet to the northerly line of said Parcel
1; thence, along said northerly line, N 64 degrees 19'28" W 238.70 feet to the True Point of
Beginning, and containing 1.05 acres, more or less.
����uJ� i,��- ��:tY�,�,4. -..� �
1
RESOLUTION NO. 9632 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2490
WHEREAS, the City Council made certain findings concerning tentative Tract
2490, as prescribed in Resolution No. 99434 (2003 Series), and
WHEREAS, the subdivider has submitted irrevocable letters of credit in the total
amounts of $37,313 (Faithful Performance) and $18,657 (Labor & Materials) to guarantee
installation of the required subdivision improvements shown on the approved plans, and all fees
have been received, as prescribed in the attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and
WHEREAS, all other conditions required per said Resolution No. 9434 (2003 Series) have
been met or guaranteed.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2490 is found
to be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
The Mayor is hereby authorized to execute the attached Subdivision Agree_ ment, for the
benefit of the subdivision.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on the
following roll call vote:
The foregoing resolution was adopted this 7`s day of December 2004.
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
Mayor David F. Romero
ATTEST:
Audrey Hoopi
City Clerk U
R 9632
Resolution No. 9632 (2004 series)
o
Page 2
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
0
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 2004 by and
between David N. Bolduan and Diane G. Bolduan, Trustees and Dale W. King and
Margaret M. King, Trustees, herein referred to as "Subdivider," and the CITY OF SAN
LUIS OBISPO, herein referred to as the "City.,,
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San _Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2490, City of San Luis Obispo,
California, as approved by the City Council on the day of
200
The Subdivider desires that said Tract No. 2490 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
of'the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
o
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided.by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion of said work is delayed
by- acts of God or labor disputes resulting in strike action, the Subdivider shall have an
additional period of time equivalent to such period of delay in which to complete such
work. Any extension of time hereunder shall not operate to release the surety on the
Improvement Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improverrients unless
specifically approved by the City.
N
N
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement.of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $ 37,313.00 which is the
amount of the estimated cost of said improvements. Subdivider agrees to remedy any
defects in the improvements arising from faulty workmanship or materials or defective
construction of said improvements occurring within twelve (12) months after acceptance
thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of
the State of California, upon final completion and acceptance of the work, City will release
all but 10% of the improvement security, that amount being deemed sufficient to guarantee
faithful performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the completion and acceptance
thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
O
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($18,657.00) in
accordance with State law.
Said Subdivider has paid an inspection fee of $4,747.00 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as -a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this-agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
La
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by
CITY OF SAN LUIS OBISPO SU DI I E
-aid . Bo uan, Trustee
MAYOR David F. Romero Qn A eJ,J.. _ -r
AT� %TEST:
do
CITY CLE Au er y Hooper
APPROVED AS TO FORM:
CITY ATT NEY Jonathan P. Lowell
G. Bolduan, Trustee
0 0
EXHIBIT 1
TRACT 2490
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $1,400 to cover the installation of survey monuments in
accordance with the approved map and payment for same. Said
guarantee will be released to the Subdivider upon receipt by _ the
City of a letter from the Engineer indicating that they have
completed the work and have been.paid.
2. Park =in =lieu fees have been paid; as listed in the attached
EXHIBIT 2.
3 Water and sewer impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building
permits through the Community Development Department per the fee .
schedule in effect at that time.
EXHIBIT 2
TRACT 2490 -FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance
37,313.00
Letter of Credit
11/18/04
Labor & Materials (50% of total cost of
$18,657.00
Letter of Credit
11/18/04
improvements
Monument Guarantee
$1,400
Letter of Credit
11/18/04
_Fees:
Map Check Fee
$1;309
Check
09/29/03
Plan Check Fee
$1,058
Check
09/29/03
Total Inspection Fee
$4,747
Check
0825/04
Credit for Early Grading Permit fee Public
Improvement Plan Inspection
Park In -Lieu Fee
09 /27/0
5 new single family lot x $4,770
$22,350
1 new single family lot z $7,090
$7,090
Credit for 1 single Family Dwelling
$4,470
$24,5970 ,
Affordable Housing Requirements
In -lieu Housing Fee
$31,767'
Total amount paid with
(5 % of Building Value per City of San
building permit.
Luis Obispo M. C. 17.91.060
Water Impact Fee (Estimate2)
$47,461
Total amount paid with
building permit.
Wastewater Impact Fee (Estimate)
$19221
Total amount paid with
buildin rn-lit.
Transportation Impact Fee (Estimate)
$8,6103
Total amount paid with
buildin 1. t.
Estimate of Fee based on valuation at time of building permit application, final amount to be determined prior to issuance of
building permit
2 All Impact Fees are adjusted annually (typically July 1) based on CPI (July 2001 fee is shown). Credit given for demolished units.
3 A credit was given for Transportation Impact Fee for the demolish units.
� - �1 � � �.e.�U �
C��
RESOLUTION NO. 9631(2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2372
WHEREAS, the City Council made certain findings concerning Tract 2372, as
prescribed in Resolution No. 9067 (2000 Series); and
WHEREAS, the City Council approved the final map for Tract 2372 per
Resolution No. 9395 (2002 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2372, in accordance with City standards, specifications and the subdivision
agreement, and has requested acceptance of the public improvements for maintenance
and operation by the City.
NOW THEREFORE, BE IT RESOLVED, the City Council hereby accepts the
public improvements for Tract No. 2372. The current Faithful Performance surety is
hereby reduced to $30,650, being ten percent of the total cost of the public
improvements, to be held for one year from this date, in accordance with the subdivision
agreement. The Labor & Materials surety may be released at this time, since the
conditions of Section 66499.7 of the California Government Code have been met.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle,
Vice Mayor Ewan and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7`s day of December 2004.
Mayor David F. Romero
ATTEST:
,
Audrey Haper `J
City Clerk
R 9631
Resolution No. 9631 (LO04 Series)
o
Page 2
APPROVED AS TO FORM:
fonaAiaa,K Lowell
City Attorney
��� - �� ��� ��� � O
O
RESOLUTION NO. 9630 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2366
WHEREAS, the City Council made certain findings concerning Tract 2366, as
prescribed in Resolution No. 9066 (2000 Series); and
WHEREAS, the City Council approved the final map for Tract 2366 per
Resolution No. 9369.(2002 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2366, in accordance with City standards, specifications and the subdivision
agreement, and has requested acceptance of the public improvements for maintenance
and operation by the City.
NOW THEREFORE, BE IT RESOLVED, the City Council hereby accepts the
public improvements for Tract No. 2366. The current Faithful Performance surety is
hereby reduced to $31,100, being ten percent of the total cost of the public
improvements, to be held for one year from this date, in accordance with the subdivision
agreement. The Labor & Materials surety may be released at this time, since the
conditions of Section 66499.7 of the California Government Code have been met.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle,
Vice Mayor Ewan and Mayor Romero
NOES: None
ABSENT: None
Th foregoing resolution was adopted this 7`h day of December 2004.
Mayor David F. Romero
ATTEST:
Q
Audrey Ho per
City Cler
Resolution No. 9630 �04 Series)
Paoe 2
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
RESOLUTION NO. 9629 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING
REVISIONS TO THE BANNER AND FLAG POLICY
WHEREAS, the City of San Luis Obispo has established a policy for hanging banners and
flags on streets in the downtown area; and
WHEREAS, a policy to manage the application process and establish standards for banners
and flags is essential to maintaining an attractive community; and
WHEREAS, allowing banners and flags gives organizations within San Luis Obispo and the
Cal Poly campus the opportunity to promote events benefiting the community.
that:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
1. The existing May 1994 Banner and Flag Policy & Procedures are hereby rescinded; and
2. New Banner and Flag Policy & Procedures are hereby adopted as set forth in Exhibit A
attached and incorporated by reference; and
3. The new Banner and Flag Policy & Procedures shall take effect immediately
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of December 2004.
Mayor David F. Romero
ATTEST:
Audrey Hooper 0
City Clerk U
APPROVED AS TO FORM:
J6nat&. P. Lowell
City Attorney
R 9629
N
Approved May 1994
Revised 12/7/04
CITY OF SAN LUIS OBISPO
Banner and Flag Policy and Procedures
A. BANNERS
DEFINITIONS
Banner: A sign which is installed across a public street, above traffic and is
temporary in nature.
Event: Any meeting, display, exhibit, parade or show that is open to the general
public and takes place:
1. On public property within the City limits and for which the City
has issued a permit specifically authorizing the use of said
property.
2. On the Cal Poly campus for which Cal Poly has authorized the use
of said property.
Banners require a Parks and Recreation Department "Banner Application and.Permit"
and are exempt from the Municipal Code Sign Regulations. The Special Events Section
of Parks and Recreation Department is responsible for the issuance of banner permits.
PURPOSE AND APPLICATION
Banners are displayed to inform the general public of upcoming community events.
AFFECTED CITY DEPARTMENTS
Parks and Recreation Department
Public Works Department (Parks & Urban Forestry Division)
Finance and Information Technology Department
POLICY
A banner may be displayed only to announce an event. SLO Downtown
Association holiday decorations may be displayed in lieu of banners during.the
months of November and December.
2. Banners shall use the following format:
(a) The name of the event shall be printed in the largest and boldest type.
(b) The location and date shall be printed in a type size smaller than that of the
event.
(c) The name and/or logo of the non - profit organization sponsoring the event may
be displayed in a type size smaller than that of the date and location.
(d) Other message or statements are strictly prohibited.
Examples:
An Old- Fashioned Fourth of July
July 4t' Mission Plaza
City of San Luis Obispo
Rib Cook -Off
Thursday Night Farmers' Market
SLO Downtown Association
SCOUT- A -RAMA
Mission Plaza August 12'h
Boy Scouts of America
3. Banner wording shall be approved by the City prior to issuance of a banner permit
to insure consistency with this policy. The approved wording shall be in the form
as shown above and plainly stated on the banner permit. Existing banners which
meet the intent but not exact form as shown above shall be allowed until replaced
or changed. Deviation from the approved wording is cause for the City to either
refuse to install or to remove any banner.
4. Banners shall be installed for a period of one (1) calendar week. A single banner
or multiple banners advertising the same event shall not be hung in consecutive
time slots.
Major events or festivals of at least two weeks' duration may be allowed a
banner at a single location for a two -week period (no greater than 16 calendar
days) if it is demonstrated to the satisfaction of the Parks and Recreation
Department that the major event or festival has at least ten (10) prescheduled
activities or concerts (broadly publicized and open to the general public for a
fee or free) extending over a two -week period.
5. Banners shall be installed and removed by the City's Parks and Urban Forestry
Division.
6. Banners shall be installed and removed on Mondays; if Monday is a holiday, the
banner will be removed the next working day. NO EXCEPTIONS!
7. A banner permit fee will be charged which is representative of the City's
estimated cost associated with the installation/removal of banners. (Note: All fee
updates are processed through the Director of Finance and Information
Technology and approved by resolution of the City Council).
8. The San Luis Obispo Downtown Association is partially sponsored by the City of
San Luis Obispo. Therefore, all fees charged to the SLO Downtown Association
will be fifty (50) percent of the normal fee. All banners installed for an event or
non - profit organization which is financially co- sponsored by the City or SLO
Downtown Association will be charged fifty (50) percent of the normal fee.
Events which are solely City- sponsored events will not be charged a fee.
9. Banner specifications.
Maximum banner size:
4 feet wide x 24 feet long, constructed of a fabric which will be able to withstand
typical weather conditions.
Support lines shall be 40 feet long with the banner centered. Support lines shall
be' /a inch nylon rope top and bottom, double- stitched across the full length of the
banner. Each comer shall be quadruple- stitched for 1 foot from each comer and
across the support lines.
Banners over 12 feet in length and 2 feet in width shall have wind relief cuts, 1
foot on center (4 inches x 4 inches, horseshoe cuts).
Grommets must be placed at the top of the banner, in each corner and spaced a
minimum of two feet to a maximum of four feet apart from each other.
10. Banners are to be delivered to the City's Corporation Yard, 25 Prado Road, by
12:00 noon on the Friday before the banner is scheduled to be hung (if Friday is a
holiday, the last business day before the holiday). If the banner is not delivered
on time, the City will not hang the banner and the permittee will forfeit the banner
fee.
11. All banners must be picked up from the City's Corporation Yard within 2 weeks
after the banner is removed from the downtown location. Unclaimed banners will
be discarded.
PROCEDURE
By December 15 of each calendar year, a schedule for the upcoming year of City and
SLO Downtown Association banners shall be established. All City departments and the
SLO Downtown Association wishing to reserve a banner location and time shall do so, in
writing, prior to December 1 with the Parks and Recreation Department. Once all initial
City and SLO Downtown Association banners are reserved, all other banner requests
(including subsequent City and SLO Downtown Association banner requests) shall be
reserved on a first -come, first -served basis starting on the first Wednesday of January
(excluding holidays). NO EXCEPTIONS! Groups making a request to hang the same
banner at a second location will be given consideration after all initial public requests
have been processed in early January. Banner applications received after the initial
request period will be processed on a first -come, first -served basis and if space is
available. Upon receipt of a written request to hang a banner, the Parks and Recreation
Department shall verify that the proposed banner complies with City policy and
specifications. If staff is uncertain whether a banner complies with City policy, the
matter shall be referred to the Parks and Recreation Director for review /approval.
A "Banner Application and Permit" shall be completed and issued and all appropriate
fees collected before any banner is installed. Banner applications are located at the Parks
and Recreation Department, 1341 Nipomo Street.
After a banner permit is completed, a copy of the permit is given to the permittee and one
copy is filed in the Banner Permit File. A banner schedule is provided to the City's
Urban Forest Technician.
At the end of each calendar year, the banner schedule (calendar) and issued permits are
removed from the Banner Permit File and placed in an archive file in the Parks and
Recreation Department until disposal.
B. SLO DOWNTOWN ASSOCIATION FLAG CONTRACT
Flags in the Downtown core fall under the sole jurisdiction of the SLO Downtown
Association and are subject to the guidelines described below.
DEFINITIONS
Flag: A decorative sign hung vertically from horizontal supports attached to a City
street light in the downtown core.
PURPOSE
Flags are displayed to inform the public of upcoming events and/or decorate the
downtown in conjunction with an organization's downtown event.
POLICY
n
1. A participant must be a nonprofit (5010) organization or other eligible not -for-
profit organization.
2. The event or activity promoted on the flag must occur in the SLO Downtown
Association district or promote the SLO Downtown Association goals and
programs of promotions and beautification.
3. The name of the event or activity shall be displayed on the flag and may also
include date and agency. No other messages, statements, names or paid sponsors'
logos are allowed.
Example:
Clean Air Month
July
Air Pollution
Control District
4. All participants must purchase products and services through the SLO Downtown
Association program.
5. All sponsoring organizations must sign a contract for a specific period of time
during the year, not to exceed six weeks, and this period of time may be reserved
for up to three consecutive years, as determined by the SLO Downtown
Association, at which time the application may be renewed.
6. When a contract is not renewed by an organization, all local non - profit agencies
will be provided an opportunity to apply for the vacancy, pursuant to the terms of
the policy.
7. All participants' artwork and messages will be subject to approval by the SLO
Downtown Association to insure consistency with the policy.
8. Any art changes to flags will be billed to the permittee.
9. The Downtown Association is responsible for coordinating installation of all flags
in the downtown area
(7, 1 1 O
Organizations shall apply to the SLO Downtown Association at any time during the year.
Applications will be reviewed by the SLO Downtown Association Design Committee
and are subject to acceptance on a first -come, first -served basis. Applications are
available at the SLO Downtown Association office located at 1108 Garden Street, Suite
210. If accepted, a permit will be issued with one copy given to the permittee and one
filed at the SLO Downtown Association office.
�L
��
i ,�
U
RESOLUTION NO. 9628 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING REVISED STANDARD SPECIFICATIONS AND
ENGINEERING STANDARDS FOR CONSTRUCTION
WHEREAS, the Public Works Department is responsible for maintaining Standard
Specifications and Engineering Standards establishing quality requirements and contract conditions
for construction; and
WHEREAS, the Standard Specifications and Engineering Standards must be periodically
updated to allow for changes in construction practices and contract law; and
WHEREAS, legally adopted Standard Specifications are necessary to provide "design and
plan immunity" thereby protecting the City from possible liability,
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
1. Approve the revised City Standard Specifications and Engineering Standards.
2. Rescind Resolution No. 9510 (2003 Series) approving the previous editions of the
Standard Specifications and Engineering Standards.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7`s day of December 2004.
Mayor David F. Romero
ATTEST:
Lv
Audrey Ho er
City Clerk
11V
Resolution No. 9628 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jon . Lowell
City Attorney
J
RESOLUTION NO. 9627 (2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO DECLARING
THE RESULTS OF THE GENERAL MUNICIPAL ELECTION
HELD TUESDAY, NOVEMBER 2, 2004
WHEREAS, a General Municipal Election was held in the City of San Luis Obispo on
Tuesday, November 2, 2004, as required by State Law and the Charter'of the City of San Luis
Obispo, for the purpose of electing one Mayor and two Members of the City Council; and
WHEREAS, the Results of the Canvass of All Votes Cast at the Consolidated General
Election held on November 2, 2004, has been certified by the County Clerk - Recorder and is
attached and made a part hereof as Exhibit A, and are hereby entered by the City Clerk in the
official records of the City;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. The whole number of votes cast in said election within the City of San
Luis Obispo was 24,359.
SECTION 2. The names of the persons voted for at the election for Mayor were:
Matt Mackey
Dave Romero
David R. Booker
SECTION 3. Dave Romero, the candidate receiving the highest number of votes cast at
said election for the Office of Mayor, is hereby declared elected to such office for a term ending
December 1, 2006.
were:
SECTION 4. The names of the persons voted for at the election for Council Member
Christine Mulholland
Lauren Lajoie
Orval Osborne
Philip P. Hannifin
Shane Kramer
Andrew Carter
Paul Brown
SECTION 5. Paul Brown and Christine Mulholland, the two candidates receiving the
highest number of votes cast at said election for the Office of City Council Member, are hereby
declared elected to such office each for terms ending December 1, 2008.
R 9627
Resolution No. 9627 (2004 Series)
Page 2
SECTION 6.. The City Clerk shall sign and deliver to each duly elected officer a
Certificate of Election certifying to his/her election.
Upon motion of Council Member Settle, seconded by Council Member Ewan,
and on the following vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1S` day of December 2004.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
Jona P. Lowell
City Attorney
CERTIFICATE OF THE COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST
NOVEMBER 2, 2004 CONSOLIDATED GENERAL ELEC`rION
CITY OF SAN LUIS OBISPO
I, JULIE L RODEWALD, County Clerk- Recorder of the County of San Luis Obispo,
do hereby certify that pursuant to law I did canvass the returns of the votes cast at the
above referenced election in the City of San Luis Obispo on November 2, 2004, and that
a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the
number of votes cast in said city for each candidate for the office of Mayor and Member
of the City Council and that the totals shown for each candidate forthe office of Mayor and
Member of the City Council in said city and in each of the respective precincts therein, are
full, true and correct.
WITNESS, my hand and Official Seal this 29" day of November, 2004.
4, LS
JU n RODEWALD, County Clerk- Recorder
Aim
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RESOLUTION NO. 9626 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY
MEASURES SUBMITTED AT A SPECIAL MUNICIPAL ELECTION
WHEREAS, Section 9220 and 9285 of the Elections Code of the State of California
authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of
rebuttal arguments for City measures submitted at municipal elections.
NOW, THEREFORE, the Council of the City of San Luis Obispo, California, does
resolve, declare, determine and order as follows:
SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the
State of Califomia, when the City Clerk has selected the arguments for and against the measures
which will be printed and distributed to the voters, the City Clerk shall send copies of the
argument in favor of the measure to the authors of the argument against, and copies of the
argument against to the authors of the argument in favor. The authors may prepare and submit
rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City
Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments
shall be printed in the same manner as the direct arguments. Each rebuttal argument shall
immediately follow the direct argument which it seeks to rebut.
SECTION 2. That the provisions of Section 1 shall apply only to the special election to
be held on April 26, 2005.
Upon motion of Council Member Ewan, seconded by Mayor Romero, and on the following
vote:
AYES: Council Members Ewan and Mulholland, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
R 9626
Resolution No. 9626 (2004 Series)
Page 2
The foregoing resolution was adopted this 16`h day of November 2004.
Mayor David F. Romero
ATTEST:
APPROVED AS TO FORM:
an P. Lowell
City Attorney
cu
RESOLUTION NO. 9625 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY
MEASURES AND DIRECTING THE CITY ATTORNEY TO
PREPARE IMPARTIAL ANALYSES
WHEREAS, a special municipal election is to be held in the City of San Luis Obispo on
April 26, 2005, at which time there will be submitted to the voters the following measures:
Shall Resolution No. 9590 (2004 Series),
amending the General Plan Land Use Map by
designating 48.7 acres as general retail, 8.1 acres Yes
as office, 3.3 acres as medium -high density
residential, 54.7 acres as open space, with the
remainder 16.2 acres allocated to roads and an
interchange in conjunction with the San Luis
Obispo Marketplace development project, be No
adopted?
Shall Ordinance No. 1449 (2004 Series),
amending the zoning regulations map and Yes
approving a preliminary development plan for
the retail project known as the San Luis Obispo
Marketplace, be adopted? No
Shall Ordinance No. 1452 (2004 Series),
approving a Development Agreement and a
Special Tax Reimbursement Agreement between Yes
the City, the Dalidio family and San Luis Obispo
Marketplace, LLC for the San Luis Obispo
Marketplace project, be adopted? No
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That the City Council authorizes any and all members of the City Council to
file written arguments In Favor or Against the measures in accordance with Article 4, Chapter 3,
Division 9 of the Elections Code of the State of California and to change the arguments until and
including the date fixed by the City Clerk after which no arguments for or against the measures may
be submitted to the City Clerk.
13Ig7
Resolution No. 9625 (2004 Series)
Page 2
SECTION 2. That the City Council directs the City Clerk to transmit a copy of each
measure to the City Attorney who shall prepare impartial analyses of each of the measures showing
the effect of the measures on the existing law and the operation of the measures. The impartial
analyses shall be filed by the date set by the City Clerk for the filing of primary arguments.
Upon motion of Council Member Ewan, seconded by Mayor Romero, and on the
following vote:
AYES: Council Members Ewan and Mulholland, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted this 16th day of November 2004.
Mayor David F. Romero
ATTEST:
Audrey Hooped
City Clerk
APPROVED AS TO FORM:
than P. Lowell
City Attorney
aLAL/'