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HomeMy WebLinkAboutPC-1006-2020 (ARCH-0459-2019 -- 1035 Madonna Road)RESOLUTION NO. PC-1006-20 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE DEVELOPMENT OF A 296-UNIT MULTI -FAMILY RESIDENTIAL PROJECT WITHIN THE NG-30 ZONED PORTION OF THE SAN LUIS RANCH SPECIFIC PLAN AREA, AND A DETERMINATION THAT THE PROJECT IS CONSISTENT WITH THE CERTIFIED FINAL EIR FOR SAN LUIS RANCH SPECIFIC PLAN AND EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MARCH 11, 2020 (1035 MADONNA ROAD, ARCH-0459-2019) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on December 2, 2019, recommending directional items and approval of the project to the Planning Commission based on consistency with the Community Design Guidelines and San Luis Ranch Specific Plan (SLRSP), pursuant to a proceeding instituted under ARCH- 0459-2019, MI San Luis Ranch, LLC, applicant; and 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 March 11, 2020, which was continued from a public hearing held on February 26, 2020, pursuant to a proceeding instituted under ARCH-0459-2019, MI San Luis Ranch, LLC, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby grants final development plan approval to the project (ARCH-0459-2019), based on the following findings: As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because the project respects site constraints and will be compatible with the scale and character of the neighborhood. 2. The project is consistent with the General Plan because it promotes policies related to compatible development (LUE 2.3.9), residential project objectives (LUE 2.3.11), and housing production (HE 6.10). Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 2 3. The project is consistent with the Conservation and Open Space Element Policy 4.4.3 because the project promotes higher -density, compact housing to achieve more efficient use of public facilities and services and to improve the City's jobs/housing balance. 4. The project is consistent with Housing Element Policies 6.1 and 7.4 because the project supports the development of more housing in accordance with the assigned Regional Housing Needs Allocation and establishes a new neighborhood, with pedestrian and bicycle linkages that provide direct, convenient and safe access to adjacent neighborhoods consistent with the San Luis Ranch Specific Plan (SLRSP). 5. The project is consistent with the goals and policies of the SLRSP, especially as they relate to allowed land uses within the NG-30 zone, the density of development within that area, design considerations and urban form, parking requirements, community open space provisions, and housing affordability. 6. As conditioned, the project design is consistent with the San Luis Ranch Design Guidelines within the SLRSP, and consistent with the Community Design Guidelines for multi -family housing design and Infill Development because the architectural styles are complementary to the surrounding neighborhood including site design, roofing style, front porches, balconies, siding materials, finish, and scale. The project design incorporates articulation, massing, and a mix of color/finish materials that are compatible with the neighborhood and complementary to other development within the immediate vicinity. 7. The proposed height, mass and scale of the project will not negatively alter the overall character of the neighborhood or the streets appearance because the development is designed in a manner that does not deprive reasonable solar access to adjacent properties by positioning the majority of the building mass along the street frontage that incorporates vertical and horizontal wall plan offsets providing a high -quality and aesthetically pleasing architectural design. 8. The proposed height, mass and scale of the project is necessary to provide dwelling units that can achieve the required 26 "very low income" deed restricted units that are included in the project. SECTION 2. Environmental Review. The project is consistent with the certified Final Environmental Impact Report (FEIR) for SLRSP and exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15182(c) (Residential Projects Implementing Specific Plans). On July 18, 2017, the City Council certified the FEIR for the SLRSP and approved the SLRSP through Council Resolution 10822 (2017 Series). A Final Supplemental EIR to address modifications to the phasing plan within the SLRSP was certified by the City Council on July 17, 2018, through Council Resolution 10927 (2018 Series). All mitigation measures adopted as part of the SLRSP FEIR and FSEIR that are applicable to the proposed project are carried forward and applied to the proposed project to effectively mitigate the impacts that were previously identified. The project is exempt from the provisions of the CEQA under Government Code §65457 because the project consists of a residential development and is Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 3 consistent with the SLRSP, which was approved following certification of the SLRSP FEIR in 2017. No Supplemental Environmental Impact Report is required pursuant to Public Resources Code §21166 and State CEQA Guidelines Section 15162 because: 1) the project does not include or require any revisions to the certified SLRSP FEIR or FSEIR; 2) no substantial changes would occur with respect to the circumstances under which the project is being undertaken, and no revisions to the SLRSP FEIR or FSEIR are required; and 3) no new information of substantial importance is available that was not already known at the time the SLRSP FEIR and FSEIR were certified. SECTION 3. Action. The project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to the project. The Planning Commission hereby grants final approval to the project with incorporation of the following conditions: Planning Division 1. Final project design and construction drawings submitted for a building permit shall be in substantial compliance with the project plans approved by the Planning Commission (ARCH- 0459-2018). A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions and code requirements of project approval listed as sheet number 2. Reference shall be made.in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 2. The project shall comply with all mitigation measures and conditions applicable to the project site, as established under City Council Resolutions No. 10822 (2017 Series) and No. 10927 (2018 Series). 3. Plans submitted for a building permit shall call out the colors and materials of all proposed building surfaces and other improvements. Colors and materials shall be consistent with the color and material board submitted with Architectural Review application. The project shall avoid repetition of design color schemes, such that adjacent townhomes or buildings of a similar layout use different color schemes. Plans shall clearly note that all stucco surfaces have a smooth hand -troweled or sand finish appearance. 4. Plans submitted for a building permit shall include recessed window details or equivalent shadow variation, and all other details including but not limited to awnings and railings. Plans shall indicate the type of materials for the window frames and mullions, their dimensions, and colors. Plans shall include the materials and dimensions of all lintels, sills, surrounds recesses and other related window features. Plans shall demonstrate the use of high -quality materials for all design features that reflect the architectural style of the project and are compatible with the neighborhood character, to the approval of the Community Development Director. Plans submitted for a building permit shall clearly depict the location of all required short and Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 4 long-term bicycle parking for all intended uses, plans submitted for construction permits shall include bicycle lockers or interior space within each residential unit or parking area for the storage of at least two bicycle per residential unit. Sufficient detail shall be provided about the placement and design of bike racks and lockers to demonstrate compliance with relevant Engineering Standards and Community Design Guidelines, to the satisfaction of the Public Works and Community Development Directors. 6. Plans submitted for building permit shall include a photometric plan, demonstrating compliance with maximum light intensity standards not to exceed a maintained value of 10 foot-candles. The locations of all lighting, including bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall -mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall -mounted lighting shall complement building architecture. The lighting schedule for the building shall include a graphic representation of the proposed lighting fixtures and cut -sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure that light is directed downward consistent with the requirements of the City's Night Sky Preservation standards contained in Chapter § 17.70.100 of the Zoning Regulations. 7. Mechanical and electrical equipment should be located internally to the buildings. With submittal of working drawings, the applicant shall include sectional views of the buildings, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers, transformers, or other mechanical equipment are to be ground mounted or placed on the roof, plans submitted for a building permit shall confirm that these features will be adequately screened. A line -of -sight diagram may be required to confirm that proposed screening will be adequate. This condition applies to initial construction and later improvements. 8. The storage area for trash and recycling cans shall be screened from the public right-of-way consistent with § 17.70.200 of the Zoning Regulations. The subject property shall be maintained in a clean and orderly manner at all times; free of excessive leaves, branches, and other landscape material. The applicant shall be responsible for the clean-up of any landscape material in the public right-of-way. 9. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with working drawings. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. Landscaping plans shall include the following information, at a minimum: a. The species, diameter at breast height, location, and condition of all existing trees; b. Identification of trees that will be retained, removed, or relocated; c. Location and size of plant and tree species proposed to be planted; d. The location of proposed utilities, driveways, street tree locations, and the size and species of proposed street trees; and e. A reclaimed water irrigation plan. Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 5 10. Plans submitted for construction permits shall include elevation and detail drawings of all walls and fences. Fences, walls, and hedges will comply with the development standards described in the Zoning Regulations (§ 17.70.070 —Fences, Walls, and Hedges). 11. The location of any required backflow preventer and double-check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utilities Director, the back -flow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. 12. The design of proposed structures will incorporate noise attenuating construction techniques that reduces noise exposure to acceptable levels. Exposure in outdoor activity areas must not exceed 60 dB and indoor exposure must not exceed 45 dB consistent with the City's Noise Ordinance. Plans submitted for construction permits must clearly indicate and describe noise attenuation measures, techniques, and materials, and demonstrates their compliance with noise levels limits. 13. Prior to occupancy, an overflight notification shall be recorded and appear with the property deed. The applicant shall also record a covenant with the City to ensure that disclosure is provided to all buyers and lessees at the subject property. Notice form and content shall be to the satisfaction of the Community Development Director and include the following language: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as the airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. 14. The site plan and landscape plan shall be modified to clearly show a pedestrian walkway on the north side of the 30'-wide main east -west driveway within the townhome neighborhood that connects to the north -south shared street for the multi -family project, consistent with what is indicated on VTTM 3150 as proposed. Housing Programs — Community Development Department 15. A. Base Inclusionary Housing Requirement: Prior to issuance of certificates of occupancy, the City and the project owners shall enter into an Affordable Housing Agreement for the inclusionary affordable housing units to be developed in the NG-30 Zone, which will be Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 6 recorded in the office of the County Recorder. The ten (10) deed restricted "workforce" units shall be shown in the final Affordable Housing Agreement to be spread throughout the Zone, as described in the Affordable Housing Plan dated October 24, 2019. The twenty-six (26) deed restricted "very low" income level units shall be operated by a qualified affordable housing provider and may be clustered into one or more buildings, the location and unit mix of which, is described in the Affordable Housing Plan for the project dated October 24, 2019. Services offered by the qualified housing provider may be provided either on or off -site pursuant to an agreement with the qualified housing provider approved by the City prior to initial occupancy of the first very low-income level unit, and as updated from time to time. All "workforce" and "very -low" deed restricted units shall be either sold or rented subject to the inclusionary housing provisions of the City per the final recorded Affordable and Workforce Housing Agreement and Declaration of Restrictive Covenants for the San Luis Ranch project. B. The Base Inclusionary Housing Requirement may be modified by the Community Development Director in the event that an application for an Affordable Housing Project on the NC portion of the San Luis Ranch Specific Plan area is approved providing for the development of at least the same number (26) very -low income affordable housing units currently proposed for the multi -family site, in addition to the 34 very -low income affordable housing units already required on the NC site through previous project entitlements. C. This approval shall not be construed to limit the amount of affordable housing that can be provided on the project site. Additional affordable housing units, as may be necessary to qualify for certain grant applications, may be provided. Engineering Division — Public Works/Community Development 16. The building plan submittal(s) shall show and note compliance with all conditions of approval, mitigation measures, Notice of Requirements, and Specific Plan related to San Luis Ranch and Tract 3096. The plans shall show and note compliance with both the project Architectural approval and the conditions of approval for the proposed resubdivision and Vesting Tentative Map (VTM) for Tract 3150. 17. The building plan submittal and reports shall show and note compliance with the existing and proposed subdivision improvements for Tract 3096. Changes to the approved subdivision plans necessary to accommodate the project plans shall be approved prior to approval and permit issuance of the project plans. 18. The Tract 3150 subdivision improvement plans shall be approved prior to building permit issuance for the new structures. 19. The building plan submittal shall show and note compliance with the project master drainage report, City Drainage Design Manual, Floodplain Management Regulations, and Post Construction Stormwater Regulations. The plans and reports shall agree with the master Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 7 report and drainage compliance strategy for Tract 3096 or the master report shall be amended to accommodate the specific project. 20. The building plan submittal shall show and label all existing and proposed property lines and easements in accordance with the previous entitlement(s) and the VTM for Tract 3150. 21. The building plan submittal and subdivision improvement plans shall show compliance with and reference the City's Benchmark System and Horizontal Control Network. 22. The building plan submittal shall include the latest information regarding the floodplain as adjusted through the phased Letter of Map Revisions (LOMR) or as defined by the Conditional Letter of Map Revision (CLOMR) and any accepted depths of flooding from the respective reports for both the Cerro San Luis Channel and Prefumo Creek. If any structure is located within an existing mapped zone, the structure(s) shall be shown to comply with the Floodplain Management Regulations or the final LOMR shall be completed show that the buildings have been removed prior to building permit issuance. The plans and reports shall show that the new building pads are at least one foot above the Base Flood Elevation for any areas of known flooding that are outside the FEMA studied Special Flood Hazard Area (SFHA) or X shaded (XB) floodzones. 23. The building plan submittal shall include a complete grading, drainage and erosion control plan. The grading plan shall show existing structures and grades located within 15' of the property lines and/or building pad in accordance with the grading ordinance. The plan shall include all existing and proposed grades, finish floor elevations, and spot elevations to depict the site drainage. The plan shall include all existing and proposed drainage devices and systems. The plan shall consider historic offsite drainage tributary to this property that may need to be conveyed along with the improved on -site drainage. 24. General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading or excavations result in land disturbance of one or more acres. Storm water discharges of less than one acre, but which is part of a larger common plan of development or sale, also requires a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Regional Water Quality Control Board. An application is required to the State Board under their Stormwater Multi -Application, Reporting, and Tracking System (SMARTS). Waste Discharge Identification Number (WDID) shall be include on the building plan submittal. The project may be developed under the master application and WDID number or could stand alone. 25. Provide a Private Stormwater Conveyance System Management and Maintenance Agreement (Operations and Maintenance Agreement) on a form provided by the city. The agreement shall be recorded and shall reference any separate maintenance program documents and the approved building plans. Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 8 26. The building permit plan submittal shall include all required parking lot improvements, dimensions, space dimensions, maneuverability, materials, space and aisle slopes, drainage, pavement marking, signage, and striping in accordance with the Parking and Driveway Standards and disabled access requirements of the CBC. 27. Development of the driveway and parking areas shall comply with the Parking and Driveway Standards for dimension, maneuverability, slopes, drainage, and materials. Alternate paving materials are recommended for water quantity and/or quality control purposes and in the area of existing or proposed trees and where the driveway or parking area may occur within the dripline of any tree. Alternate paving material shall be approved to the satisfaction of the Planning Division. 28. The building plan submittal shall show the location of the proposed mail receptacles or mail box unit (MBU) to the satisfaction of the Post Master and the City Engineer. Provide a mailbox unit or multiple units to serve all dwelling units in this development as required by the Post Master. MBU's shall not be located within the public right-of-way or public sidewalk area unless specifically approved by the City Engineer. Contact the Post Master at 543-2605 to establish any recommendations regarding the number, size, location, and placement for any MBU's. 29. The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground and overhead services shall be shown along with any proposed alterations or upgrades. 30. New and existing wire utilities including electrical service, phone, and cable TV shall be placed underground. This condition does not apply to transformer boxes and related infrastructure. The undergrounding of utilities shall be completed without a net increase in the number of required utility poles. 31. The building plan submittal shall show the location of the fire service lateral, double-check assembly, and fire department connection (FDC) on the site utility plan. Show the location of the fire riser room and interior fire riser in accordance with the ARC approvals and/or the Planning Divisions architectural guidelines. Provide access to the fire riser and appurtenances in accordance with the UFC and as approved by the Fire Marshal. Clarify to the satisfaction of the Fire Marshal whether an FDC should be provided at the double-check assembly, remoted FDC, or on each respective building. 32. The building plan submittal shall show all existing trees on the property with a trunk diameter of 3" or greater. Offsite trees along the adjoining property lines with canopies and/or root systems that extend onto the property shall be shown to remain and be protected. The plan shall note which trees are to remain and which trees are proposed for removal. Include the diameter and species of all trees. Tree canopies should generally be shown to scale for reference. Tree removals may require approval by the City Arborist and/or Tree Committee. The plan shall show all existing and proposed street trees. Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 9 33. The building plan submittal shall show and label all proposed street trees per City Engineering Standards, subject to the satisfaction of the City Arborist and Public Works Director, consistent with the San Luis Ranch Specific Plan. Building Division — Community Development 34. Construction plans submitted for Building permits shall be designed in accordance with the applicable codes in effect at time of submittal. Review of the general information provided for entitlement is cursory and does not guarantee code compliance for a future construction submittal. Utilities Department 35. The proposed utility infrastructure shall comply with the latest engineering design standards effective at the time the building permit is obtained and shall have reasonable alignments needed for maintenance of public infrastructure along public roads. 36. The proposed project is within an area subject to shallow groundwater, therefore heat -fused HDPE pipe shall be used for the proposed private and public sewer collection system to prevent groundwater infiltration. All proposed sewer creek crossings shall be detailed in profile view within the proposed infrastructure improvement plans. 37. Any private sewer services that cross one parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to final Building Permit. 38. If commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided with the design. These types of facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer. 39. The proposed private fire protection system shall be separate from the private domestic water distribution system. The fire service shall connect to the water main within the public right of way, and shall install a RPDA backflow preventor system. If private hydrants are proposed, the RPDA shall be equipped with a detector assembly to track water used by the hydrants. 40. The domestic water service shall have a separate water system with a master meter and private sub -meters that includes a RP-backflow preventor per Engineering Standards for sites utilizing recycled water. 41. The site is within the City's Water Reuse Master Plan area and landscape irrigation for the project shall utilize recycled water. Resolution No. PC-1006-20 1035 Madonna Road, ARCH-0459-2019 Page 10 42. Irrigation systems using recycled water shall be designed and operated as described consistent with the City's Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections. 43. The project's Landscape Plan shall provide total estimated total water use (ETWU), and maximum applied water allowance (MAWA). 44. Recycled water, San Luis Ranch onsite wells, or another non -potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City's Utilities Department. 45. Final grades and alignments of all public and/or private water, recycled water, and sewer shall be approved to the satisfaction of the Utilities Department. The final location, configuration, and sizing of on -site service laterals and meters shall be approved by the Utilities Director in conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 46. Management of refuse generations for waste, recyclables, and organics shall comply with state law per AB 1826 and the local waste management ordinance to reduce greenhouse gas emissions. 47. Driveways and access routes to all refuse receptacles shall be designed to accommodate the size and weight of the garbage trucks; a written confirmation from the San Luis Garbage Company shall be included in the building permit plans for the proposed project. 48. Trash enclosure(s) shall conform the access requirements by the San Luis Garbage Company and refuse bins shall be sized to provide a reasonable level of service. 49. Trash enclosures shall be sized appropriately such that bins within the enclosure shall not be stacked in front of other bins. The building permit submittal shall submit trash enclosure details that are consistent with the City's Development Standards for Solid Waste. 50. Per the General Requirements of the City's Development Standards for Solid Waste, bin enclosure walls shall be at least 6' or the height of the bin enclosure door, whichever is greater. 51. Existing well(s) shall be destroyed per County Health Requirements and the California Department of Water Resources Standard Bulletin 74-81 and 74-90, except for the dewatering wells. Dewatering well(s) must be kept in service and offered to the City for groundwater motoring programs; this item may be waived to the satisfaction of the City if the well abandonment is necessary for site development or if the abandonment is required by separate private agreement. Transportation Division — Public Works 52. Crosswalk across the Barnview Road entrance to project from Madonna Road shall comply with MUTCD 313-17, installed with yield markings and R1-5 "Yield here to Ped" signs. Resolution No. PG 1006-20 1035 Madonna Road, ARCH-0459-2019 Page 11 53. Applicant shall install a High -visibility crosswalk across the Barnview Road entrance to project from Madonna Road per City Standard 7350. 54. The applicant shall submit public improvement plans for the proposed right -out only access driveway, including applicable signing and striping to convey access restrictions, to the satisfaction of the Public Works Director. 55. With addition of the right -out only access driveway, the planned median along Madonna Road must be extended further to the east to functionally restrict potential left -turns to and from the access driveway, to the satisfaction of the Public Works Director. Modifications to the planned median design shall be submitted for City approval as a revision to the previously approved San Luis Ranch Public Improvement Plans, or as a separate Public Improvement Plan submittal for the multi -family development project. 56. Applicant shall provide submittal for typical bicycle storage rack equipment. Indemnification 57. The applicant 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 project, and all actions relating thereto, including but not limited to environmental review ("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by Vice -Chair Dandekar, seconded by Commissioner Jorgensen, and on the following roll call vote: AYES: Commissioners Jorgensen, McKenzie, Quincey, Stevenson, Vice -Chair Dandekar and Chair Wulkan NOES: None REFRAIN: Commissioner Kahn ABSENT: None The foregoing resolution was passed and adopted this 1 lth day of March, 2020. Tyler Corey, Se rY Planning Commission