HomeMy WebLinkAboutPC-1038-21 (SBDV-2029-2018 and EID-0100-2020 -- 163 Serrano Heights)RESOLUTION NO. PC-1038-2021
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A TENTATIVE PARCEL MAP TO CREATE THREE
PARCELS FROM ONE EXISTING LOT (SLO 18-0151), THE PROJECT
INCLUDES AN EXCEPTION FROM THE LOT FRONTAGE
REQUIREMENTS OF THE SUBDIVISION REGULATIONS FOR EACH
OF THE THREE PARCELS WHICH DO NOT PROVIDE ANY DIRECT
ACCESS TO THE STREET BUT SHARE ACCESS THROUGH A
PRIVATE DRIVE, INCLUDING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, AS REPRESENTED
IN THE STAFF REPORT AND ATTACHMENTS DATED APRIL 14, 2021
(163 SERRANO HEIGHTS, SBDV-2029-2018 AND EID-0100-2020)
WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was
conducted via teleconference on April 14, 2021, pursuant to a proceeding instituted under SBDV-
2029-2018 and EID-0100-2020, John Rourke, 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, the Planning Commission considered an Initial Study-Mitigated Negative
Declaration (IS-MND) analyzing the proposed tentative parcel map; and
WHEREAS, notices of said public hearing 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 approval to the
project (SBDV-2029-2018; EID 0100-2020), based on the following findings:
1. The design of the tentative parcel map is consistent with the General Plan because the
proposed subdivision is consistent with the development pattern established in the
neighborhood and the resulting parcels allow for residences with sufficient usable outdoor
space.
2. The site is physically suited for the type and density of development allowed in the R-1
zone, since the resulting parcels require minimal exceptions to the Subdivision Regulations
and resulting development will be subject to consistency with the development standards
of the Zoning Regulations.
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3. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision since all parcels will have adequate access
from Serrano Heights through a shared drive aisle.
4. The property to be divided is of such size that it is impractical/undesirable, in this particular
case, to conform to the strict application of the standards codified in the Subdivision
Regulations because the design will result in a more efficient use of the land. An exception
is requested to use a shared access aisle for the new parcels rather than the creation of new
driveways or illogical lot pattern configurations intended to simply conform to the lot
frontage requirements.
5. The cost to the subdivider of strict or literal compliance with the regulations is not the sole
reason for granting the modification, because other findings are made to support approval
of the exceptions related to existing physical conditions of the project site, including the
physical constraint of providing frontage due to the existing private easement along
Serrano Heights Drive.
6. The modification will not be detrimental to the public health, safety, and welfare, or be
injurious to other properties in the vicinity since the minor exception will provide for a
shared driveway access rather than several individual driveways, and there are numerous
examples of similar subdivisions and development in the immediate vicinity.
7. Granting the modification is in accord with the intent and purposes of the Subdivision
Regulations and is consistent with the General Plan because the exceptions are consistent
with other properties in the vicinity and the project does not grant special privileges or
modify allowable land uses within the existing R-1 zoning district.
SECTION 2. Environmental Review. Based upon all evidence, the Planning Commission
finds that the project’s Mitigated Negative Declaration (IS-MND) adequately evaluates and
identifies all of the potential environmental impacts of the proposed project and hereby adopts the
following California Environmental Quality Act (CEQA) findings in support of the project:
1. The 163 Serrano Heights Parcel Division IS-MND was prepared in accordance with CEQA
and the State CEQA Guidelines, adequately addressing potential environmental impacts
associated with the proposed project; and
2. All potentially significant effects were analyzed adequately in the referenced IS-MND,
subject to the following mitigation measures being incorporated into the project and the
mitigation monitoring program, which would mitigate all identified potentially significant
impacts to less than significant:
AIR QUALITY
AQ-1 Idling Control Techniques. During all construction activities and use of diesel
vehicles, the applicant shall implement the following idling control techniques:
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1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
a. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors if feasible;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be
permitted;
c. Use of alternative fueled equipment shall be used whenever possible;
and
d. Signs that specify the no idling requirements shall be posted and
enforced at the construction site.
2. California Diesel Idling Regulations. On-road diesel vehicles shall comply with
13 CCR 2485. This regulation limits idling from diesel-fueled commercial
motor vehicles with gross vehicular weight ratings of more than 10,000 pounds
and licensed for operation on highways. It applies to California and non-
California based vehicles. In general, the regulation specifies that drivers of said
vehicles:
a. Shall not idle the vehicle’s primary diesel engine for greater than 5
minutes at any location, except as noted in Subsection (d) of the
regulation; and
b. Shall not operate a diesel-fueled auxiliary power system (APS) to power
a heater, air conditioner, or any ancillary equipment on that vehicle
during sleeping or resting in a sleeper berth for greater than 5 minutes
at any location when within 1,000 feet of a restricted area, except as
noted in Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to remind drivers of
the 5-minute idling limit. The specific requirements and exceptions in the regulation
can be reviewed at the following website: www.arb.ca.gov/msprog/truck-
idling/2485.pdf.
AQ-2 Particulate Matter Control Measures. During all construction and ground-disturbing
activities, the applicant shall implement the following particulate matter control
measures and detail each measure on the project grading and building plans:
1. Reduce the amount of disturbed area where possible.
2. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site and from exceeding the SLOAPCD’s limit
of 20% opacity for greater than 3 minutes in any 60-minute period. Increased
watering frequency would be required whenever wind speeds exceed 15 miles
per hour (mph). Reclaimed (non-potable) water should be used whenever
possible.
3. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or
other dust barriers as needed.
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4. Permanent dust control measures identified in the approved project revegetation
and landscape plans shall be implemented as soon as possible, following
completion of any soil-disturbing activities.
5. Exposed grounds that are planned to be reworked at dates greater than 1 month
after initial grading shall be sown with a fast germinating, non-invasive, grass
seed and watered until vegetation is established.
6. All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the SLOAPCD.
7. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon
as possible. In addition, building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
shall maintain at least 2 feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with California Vehicle Code
(CVC) Section 23114.
10. “Track out” is defined as sand or soil that adheres to and/or agglomerates on
the exterior surfaces of motor vehicles and/or equipment (including tires) that
may then fall onto any highway or street as described in CVC Section 23113
and California Water Code (CWC) Section 13304. To prevent track out,
designate access points and require all employees, subcontractors, and others to
use them. Install and operate a “track-out prevention device” where vehicles
enter and exit unpaved roads onto paved streets. The track-out prevention
device can be any device or combination of devices that are effective at
preventing track out, located at the point of intersection of an unpaved area and
a paved road. Rumble strips or steel plate devices need periodic cleaning to be
effective. If paved roadways accumulate tracked-out soils, the track-out
prevention device may need to be modified.
11. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers shall be used with reclaimed water where
feasible. Roads shall be pre-wetted prior to sweeping when feasible.
12. All PM10 mitigation measures required should be shown on grading and
building plans.
13. The contractor or builder shall designate a person or persons whose
responsibility is to ensure any fugitive dust emissions do not result in a nuisance
and to enhance the implementation of the mitigation measures as necessary to
minimize dust complaints and reduce visible emissions below the SLOAPCD’s
limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their
duties shall include holidays and weekend periods when work may not be in
progress (for example, wind-blown dust could be generated on an open dirt lot).
The name and telephone number of such persons shall be provided to the
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SLOAPCD Compliance Division prior to the start of any grading, earthwork,
or demolition (Contact Tim Fuhs at 805-781-5912).
AQ-3 Geologic Evaluation. Prior to initiation of ground-disturbing activities, the applicant
shall retain a registered geologist to conduct a geologic evaluation of the property,
including sampling and testing for NOA in full compliance with SLOAPCD
requirements and the CARB ATCM for Construction, Grading, Quarrying, and Surface
Mining Operations (17 CCR 93105). This geologic evaluation shall be submitted to the
City Community Development Department upon completion. If the geologic
evaluation determines that the project would not have the potential to disturb NOA, the
applicant must file an Asbestos ATCM exemption request with the SLOAPCD.
AQ-4 Naturally Occurring Asbestos Control Measures. If NOA are determined to be
present on-site, proposed earthwork, demolition, and construction activities shall be
conducted in full compliance with the various regulatory jurisdictions regarding NOA,
including the CARB ATCM for Construction, Grading, Quarrying, and Surface Mining
Operations (17 CCR 93105) and requirements stipulated in the National Emission
Standard for Hazardous Air Pollutants (NESHAP; 40 Code of Federal Regulations
[CFR] Section 61, Subpart M – Asbestos). These requirements include, but are not
limited to, the following:
1. Written notification, within at least 10 business days of activities commencing,
to the SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos
Consultant; and
3. Implementation of applicable removal and disposal protocol and requirements
for identified NOA.
Monitoring Program: These measures shall be incorporated onto Final Map and project
grading / building plans for review and approval by the City Community Development
Department. Compliance shall be verified by the City during regular inspections, in
coordination with the SLOAPCD, as necessary.
BIOLOGICAL RESOURCES
BIO-1 Nesting Birds and Raptors. Site preparation, ground disturbance, and construction
activities including any tree trimming and vegetation removal shall be conducted
outside of the migratory bird nesting season (February 15 through October 31). If such
activities cannot be avoided during this period, a County-approved qualified biologist
shall conduct a preconstruction nesting bird survey no sooner than 1–4 weeks prior to
tree removal activities and shall verify whether migratory birds are nesting in the site.
If nesting activity is detected, the following measures shall be implemented:
1. The project shall be modified via the use of protective buffers, delaying
construction activities, or other methods designated by the qualified biologist
to avoid direct take of identified nests, eggs, and/or young protected under the
MBTA and/or California Fish and Game Code.
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2. The qualified biologist shall monitor the nests within the vicinity of project-
related disturbances and determine if construction activities are causing
behavioral changes or affecting nesting activities. Monitoring results shall then
be utilized to develop an appropriate buffer around the next site to minimize
disturbance. Construction activities within the buffer zone shall be prohibited
until the young have fledged the nest and achieved independence.
3. The qualified biologist shall document all active nests and submit a letter report
to the County documenting project compliance with the MBTA, California Fish
and Game Code, and applicable project mitigation measures within 14 days of
survey completion.
BIO-2 Roosting Bats. Site preparation, ground disturbance, and construction activities
including any tree trimming and/or vegetation removal shall be conducted outside of
the typical bat maternity roosting and pupping season (February 1 to August 31), if
feasible. If site disturbance activities are to occur within this season, the applicant shall
retain a County-qualified biologist to conduct a preconstruction survey within 14 days
prior to commencement of proposed site disturbance activities. If any roosting bats are
found during preconstruction surveys, no work activities shall occur within 100 feet of
active roosts until bats have left the roosts. The County-qualified biologist shall prepare
a report after each survey and a copy of the report shall be provided to the County
within 14 days of completion of each survey. If no bat roosting activities are detected
within the proposed work area, site disturbance and noise-producing construction
activities may proceed, and no further mitigation is required.
Monitoring Program: These conditions and measures shall be noted on Final Map and all
grading and construction plans. The City Community Development Department and Natural
Resources Manager shall verify compliance.
CULTURAL RESOURCES
CR-1 Discovery of Previously Unidentified Cultural Resources. In the event that historical
or archaeological remains are discovered during ground-disturbing activities associated
with the project, an immediate halt work order shall be issued and the City Community
Development Director shall be notified. A qualified archaeologist shall conduct an
assessment of the resources and formulate proper mitigation measures, if necessary.
After the find has been appropriately mitigated, work in the area may resume. These
requirements shall be noted on the project’s final map and all
improvement/construction plans.
CR-2 Discovery of Human Remains. In the event that human remains are exposed during
ground-disturbing activities associated with the project, an immediate halt work order
shall be issued and the City Community Development Director shall be notified. State
Health and Safety Code Section 7050.5 requires that no further disturbance of the site
or any nearby area reasonably suspected to overlie adjacent human remains shall occur
until the County Coroner has made the necessary findings as to origin and disposition
pursuant to PRC Section 5097.98. If the remains are determined to be of Native
American descent, the coroner shall notify the Native American Heritage Commission
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(NAHC) within 24 hours. These requirements shall be noted on the project’s final map
and all improvement/construction plans.
Monitoring Program: These conditions shall be noted on Final Map and all grading and
construction plans. The City Community Development Department shall verify compliance,
including preparation and implementation of the Monitoring Plan, and review and approval of
cultural resources monitoring reports documenting compliance with required mitigation
measures.
NOISE
N-1 Construction Noise BMPs. For the entire duration of the construction phase of the
project, the following BMPs shall be adhered to:
1. Stationary construction equipment that generates noise that exceeds 60 dBA at
the project boundaries shall be shielded with the most modern noise control
devises (e.g., mufflers, lagging, motor enclosures).
2. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for
project construction shall be hydraulically or electrically powered wherever
possible to avoid noise associated with compressed air exhaust from
pneumatically powered tools.
3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the
compressed air exhaust shall be used.
4. All construction equipment shall have the manufacturers’ recommended noise
abatement methods (such as mufflers, engine enclosures, and engine vibration
insulators) installed, intact, and operational.
5. All construction equipment shall undergo inspection at periodic intervals to
ensure proper maintenance and presence of noise control devices (e.g.,
mufflers, shrouding, etc.).
Construction plans shall note construction hours, truck routes, and all construction
noise BMPs on project plans, which shall be reviewed and approved by the City
Community Development Department prior to issuance of grading/building permits.
The City shall provide and post signs stating these restrictions at construction entry
sites prior to commencement of construction and maintained throughout the
construction phase of the project. All construction workers shall be briefed at a
preconstruction meeting on construction hour limitations and how, why, and where
BMP measures are to be implemented.
Monitoring Program: These measures shall be incorporated into Final Map and project
grading and building plans for review and approval by the City Community Development
Department. Compliance shall be verified by the City during regular inspections.
TRIBAL CULTURAL RESOURCES
TR-1 Culturally Affiliated Native American Monitor. A representative from the Salinan
Tribe shall be notified prior to any ground disturbing activities to provide for on-site
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monitoring. If cultural resources are encountered during subsurface earthwork
activities, all ground disturbing activities within a 25-foot radius of the find shall cease
and the City shall be notified immediately consistent with the requirements of
Mitigation Measures CR-1 and CR-2.
Monitoring Program: This measure shall be incorporated into Final Map and noted on all
grading and construction plans. The City Community Development Department shall verify
compliance through initial and regular inspections.
WILDFIRE
WF-1 Vegetation/Fuel Management Plan. Prior to issuance of any construction permit, the
applicant shall provide a vegetation/fuel management plan prepared by a registered
professional forester or certified arborist for each lot. The plan shall identify fuel load
reduction techniques, including vegetation removal and trimming, to increase
defensible space around residential structures and driveways/access roads. The plan
shall also identify appropriate standards for installation of new landscaping, such as
requirements for drought-tolerant and fire-resistant species.
Monitoring Program: This measure shall be incorporated into Final Map and noted on all
grading and construction plans. The City Community Development Department shall verify
compliance through initial and regular inspections.
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 does hereby approve
tentative parcel map and associated environmental review applications SBDV-2029-2018 and
EID-0100-2020, allowing a minor subdivision of one lot into three parcels at 163 Serrano Heights
Drive subject to the following conditions:
Planning Division
1. Prior to parcel map recordation, all affected parties must record an updated agreement
governing the shared driveway access, to the satisfactory of the Community Development
Director.
2. Prior to parcel map recordation, the existing barn and shed located on Parcel 3 shall be
removed, or the owner of the adjacent single-family residence at 163 Serrano Heights shall
enter into a lot-tie agreement with Parcel 3 to ensure that the barn and shed remain as
accessory to a primary residence, subject to the satisfaction of the Community
Development Director.
3. Plans submitted for parcel map recordation shall label all three Parcels as “sensitive sites”
with building site selection to minimize site disturbance and avoid disturbance and removal
of oak trees that are greater than 4 inches in diameter in breast height. This status ensures
that future site development will respect existing site constraints, privacy of occupants and
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neighbors of the project and be compatible with the scale and character of the surrounding
neighborhood. Prior to submittal of a building permit application, development of Parcels
1, 2, and 3 shall require architectural review, in accordance with Municipal Code Section
2.48. The Architectural review shall confirm that building site selection shall minimize site
disturbance and avoid disturbance and removal of oak trees, that are greater than 4-inches
in diameter at breast height.
Engineering Division – Public Works/Community Development Department
4. The subdivision shall be recorded with a parcel map. The map preparation and
monumentation shall be in accordance with the city’s Subdivision Regulations,
Engineering Standards, and the Subdivision Map Act. The parcel map shall use U.S.
Customary Units in accordance with the current City Engineering Standards.
5. The map exhibits and legal descriptions shall be prepared by a California Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying.
6. Park In-Lieu fees shall be paid for the proposed new dwelling units/lots prior to map
recordation.
7. The parcel map and improvements plans shall show and note compliance with the Lot Line
Adjustment Map and restrictive covenants related to SLO AL 19-0090 per recorded
documents #2020011616 and #2020011617, respectively.
8. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, slope banks, construction, common driveways, and maintenance
of the same shall be shown on the parcel map and/or shall be recorded separately prior to
map recordation if applicable. Said easements may be provided for in part or in total as
blanket easements.
9. An easement agreement shall be provided for any shared facilities needing definition on
the maintenance responsibilities and use of the easement area(s).
10. A separate subdivision improvement or miscellaneous public improvement plan is not
required. The building plan submittal may be used to show some or all of the required
private on-site subdivision improvements. Improvements located within the public right-
of-way will require a separate encroachment permit and associated inspection fees based
on the fee schedule in effect at the time of permit issuance, if applicable. A separate
subdivision improvement plan review fee and subdivision map check fee will be required
for the Public Works Department review and inspection of the public
subdivision/development improvements and map in accordance with the most current fee
resolution.
11. The site development plan submittal shall show any parking, access, utility, site, and/or
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drainage improvements required to support the proposed subdivision. The building plan
submittal shall show all existing public and/or private utilities and improvements shall be
approved to the satisfaction of the Community Development Director and Public Works
Director prior to recordation of the parcel map. Unless otherwise waived or deferred, the
site/utility plan shall include drainage improvements, water, sewer, storm drains, gas,
electricity, telephone, cable TV, and any related utility company meters for each parcel if
applicable. Any utility relocations, demolitions, and/or other on-site work shall be
completed with proper permits and receive final inspection approvals prior to recordation
of the parcel map.
12. The map and improvement plans shall clarify how fire department access will be provided
to all parcels/development limits. The plan shall show the location of existing or proposed
private or public fire hydrants for reference. The hydrant type, location, spacings, fire
department access, and provisions for emergency vehicle access and turn-around shall be
in accordance with adopted City codes and standards and shall be approved to the
satisfaction of the Fire Department and Public Works Department.
13. Gas service may not be required to each parcel if the approved building plans do not
propose mixed fuels and “all electric” residences are proposed. If proposed, a “Notice of
Requirements” may be required for concurrent recordation with the map to identify the
lack of gas service to any parcel(s).
14. The proposed water service lateral(s), meter sizing, and private service laterals shall be
sized in accordance with the approved fire sprinkler plans or a preliminary design and
analysis by the engineer of record.
15. The map may be recorded prior to construction of the required public and/or private
subdivision improvements. If so, the map conditions or code requirements may be satisfied
by the preparation and approval of a subdivision improvement plan. A subdivision
agreement and guarantee will be required for this process.
16. The development of the individual parcels and common driveway may be considered as
part of a common plan. As such, a preliminary drainage report and stormwater control plan
may be required in conjunction with the subdivision improvement plans.
17. An Operation and Maintenance Manual and Private Stormwater Conveyance Agreement
shall be provided in conjunction with the subdivision improvements/development project,
as necessary. The Stormwater Agreement shall be recorded separately or concurrent with
the map recordation.
18. The parcel map shall include reference to the project soils report in accordance with the
subdivision regulations. The report may be included on the cover sheet of the map or could
be included on an “additional map sheet”. The map and subdivision improvement
submittals and any subsequent building/grading permit submittals shall include the report
and/or an update letter.
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19. The parcel configurations and development strategies may have changed from the time of
preparation of the preliminary soils report. The report shall be updated to clarify the change
to the proposed homesites. Otherwise, the soils engineer could provide a separate letter
amending the report to clarify that the recommendations are applicable to the building sites
where no exploratory trenching had been completed.
20. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall
approve any safety pruning, the cutting of substantial roots, or grading within the dripline
of trees. A city-approved arborist shall complete safety pruning. Any required tree
protection measures shall be shown or noted on the subdivision improvement plans and
any subsequent building plans.
Utilities Department
21. The proposed utility infrastructure shall comply with the engineering design standards in
effect during the time a building permit is obtained and shall have reasonable alignments
and clearances needed for maintenance.
22. Trash collection services shall comply with the access requirements and conditions of the
San Luis Garbage Company.
23. A separate water meter shall be provided for each new parcel in an area accessible by the
city, subject to the satisfaction of the Utilities Director.
Fire Department
24. Parcel 1 and Parcel 2 are adjacent to an unmanaged open space. Plans submitted for Parcel
Map recordation shall include a vegetation/fuel management plan prepared by a registered
professional forester or certified arborist for all lots created, to the satisfaction of the City’s
Fire Marshal.
Indemnification
25. 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.
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On motion by Commissioner Kahn, seconded by Commissioner Wulkan, and on the
following roll call vote:
AYES: Commissioners Hopkins, Kahn, Quincey, Shoresman, Wulkan, Vice-Chair
Jorgensen and Chair Dandekar
NOES: None
ABSENT: None
RECUSED: None
The foregoing resolution was adopted this 14th day of April 2021.
_____________________________
Tyler Corey, Secretary
Planning Commission