HomeMy WebLinkAboutPC-1042-21 (SBDV-0169-2020 and EID-0170-2020 -- 468 and 500 Westmont Ave.)RESOLUTION NO. PC-1042-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL REVIEW AND TENTATIVE TRACT MAP NO. 3157
TO CREATE TWENTY-THREE (23) RESIDENTIAL LOTS IN THE LOW-
DENSITY (R-1) ZONE (SBDV-0169-2020/EID-0170-2020)
WHEREAS, the Tree Committee of the City of San Luis Obispo meeting was conducted
via teleconference on May 17, 2021, recommending the Planning Commission find the project
consistent with the Tree Regulations Ordinance, pursuant to a proceeding instituted under SBDV-
0169-2020, Alice Jo Meinhold Survivors Trust, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was conducted
via teleconference May 26, 2021, continued the review of the project to a future date, pursuant to
a proceeding instituted under SBDV-0169-2020, Alice Jo Meinhold Survivors Trust, applicant ;
and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chambers of City Hall, at 990 Palm Street, on July 28, 2021, pursuant to a
proceeding instituted under SBDV-0169-2020, and EID-0170-2020, Alice Jo Meinhold Survivors
Trust, applicant; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; 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.
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 recommends the City Council
approve the project (SBDV-0169-2020, & EID-0170-2020), based on the following findings:
1. 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 surrounding neighborhoods.
2. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan because:
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a. The Land Use Element provides that the purpose of the Low-Density Residential
land use designation is to provide for single family detached dwellings, which the
subdivision is designed and intended to accommodate, and complies with the
maximum density limit of seven density units per acre.
b. The project is consistent with Land Use Element Policies 2.2.3 and 2.2.4,
Circulation Element Policy 5.1.3, and Housing Element Policy 7.3 because the
design of the subdivision protects the existing neighborhood from intrusive traffic
by avoiding any increase in cut-through traffic between other existing
neighborhoods and Highway 1 and by incorporating a potential bicycle and
pedestrian connection to the east, as well as parkways, on-street parking, and
sidewalks with proposed streets.
c. The project is consistent with Land Use Element Policy 2.3.5 because the design of
the subdivision integrates with the existing neighborhood by continuing the street
layout of Stanford Drive and Cuesta Drive, including street width, sidewalks, and
parkways.
d. The project is consistent with Land Use Element Policy 4.2.1 because the project
respects the separation from creek banks by identifying the dimensions of the creek
and existing riparian area. The lots proposed adjacent to the creek are a larger size
(24,451 to 7,884 square feet) so that creek protection measures, such as compliance
with creek setback requirements, can be met and still allow residential development
within the created parcels. The project also proposes no development or grading
activities in the southwest corner of the site, where the creek and associated
vegetation is most prominent and established.
e. The project is consistent with Housing Element Policy 6.8 because the project will
facilitate residential infill development.
3. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision because the project has demonstrated that
development of the proposed lots can be achieved in compliance with the setback standards
of the Zoning Regulations, which are intended to help provide air circulation and exposure to
sunlight.
4. As conditioned, the subdivision and associated tree removals are consistent with the City’s
Tree Regulations because the project will be required to provide compensatory tree plantings
at a rate consistent with Municipal Code requirements with a size and species of tree found
to be appropriate by the Tree Committee.
5. The design of the tentative map and proposed improvements are not likely to cause serious
health problems or substantial environmental damage since further development or
redevelopment of the proposed parcels will occur consistent with the City’s Development
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Standards, Engineering Standards, Mitigation Measures, and Conditions of Approval.
SECTION 2. Environmental Review. An Initial Study/Mitigated Negative Declaration
(IS/MND) has been prepared in accordance with the California Environmental Quality Act
(CEQA) to evaluate the potential environmental effects of the proposed project. The Planning
Commission hereby recommends the City Council adopt the IS/MND and Mitigation, Monitoring,
and Reporting Program, based on incorporation of the following mitigation measures, which will
reduce potential environmental 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:
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.
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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.
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.
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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
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
onsite, 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.
AQ-5 Asbestos-Containing Material. Prior to issuance of demolition permits, the applicant
shall provide an asbestos report that was prepared by a certified asbestos consultant. If
ACM are determined to be present, at least 10 working days prior to any demolition work
the applicant shall provide notification to SLOAPCD of such work. The notification shall
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include an asbestos report that was prepared by a certified asbestos consultant. ACM
removal and disposal shall follow the requirements of the National Emission Standards
for Hazardous Air Pollutants Regulation (NESHAP) Subpart M and of the SLOAPCD.
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 Implement a Rare Plant Mitigation Program that ensures no net loss of Cambria
morning glory on the project site. Prior to any tract improvements, a Rare Plant
Mitigation Program shall be implemented for Cambria morning glory and shall be
overseen by a qualified botanist approved by the City. As a component of the program,
seed shall be collected from Cambria morning glory plants during the appropriate season
prior to tract grading activities. Using standard procedures, the qualified botanist shall
clean and store the seeds until the receiving sites shown on the project plans are ready.
Suitable habitat of 2,180 square-feet in size outside of the development area (as
designated on the site plans in the creek setback zone) shall be designated as the
mitigation site that will be maintained in a natural state and not be subject to mowing
earlier than June 1 each year. The areas will be maintained as grassland habitat and no
planting of ornamental species or other adverse modifications (such as grazing activities)
will be allowed. The mitigation site shown on the project plans is twice the size as the
areas currently occupied by the rare plant occurrences (2,180 square-feet of habitat
created for 1,076 square-feet of habitat impacted). This equates to a 2:1 mitigation ratio
(habitat created to habitat impacted) to ensure a minimum 1:1 replacement ratio is
achieved. Topsoil from each of the four occurrences will be collected in 6-inch lifts and
stored for top-dressing the mitigation site once grading of the pads is complete. As
needed, the mitigation site should be prepared for planting by removal of non-native
species or other measures as necessary, then applying the salvaged topsoil. Once topsoil
has been layered evenly through the area, collected seed should be hand-broadcasted into
suitable locations by the qualified botanist and covered with compost. Seed may also be
incorporated into the native erosion control seed mix described in the Native Erosion
Control Seed Mix table under Mitigation Measure BIO-9 and applied to other grassy
areas of the site as part of the erosion control effort. Depending on the season when
construction starts, the qualified botanist may also potentially salvage plants (i.e., dig
them up when soils are moist) and transplant them to containers to be maintained until
the mitigation sites are ready for planting.
BIO-2 Conduct annual monitoring and implement adaptive management measures for 5
years to ensure no net loss of Cambria morning glory onsite. The Rare Plant
Mitigation Program shall include annual monitoring and maintenance of the mitigation
site to ensure success of the program. Monitoring by a qualified botanist shall occur
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during the spring growing season (between April 15 and May 15 each year) to ensure
successful establishment of planted propagules. The established rare plants shall be
mapped to evaluate the goal of no net loss of the species onsite. The measurable objective
shall be to have at least 1,076 sf of occurrence comprised of approximately 300 Cambria
morning glory plants. Appropriate vegetation sampling techniques shall be used to assess
the areal cover of vegetation to evaluate the status of the established occurrences. If the
success criteria of having approximately 300 plants covering 1,076 sf within the creek
setback zone is not reached by the third year of monitoring, remedial actions such as
collecting more seed and distributing it in suitable areas should be employed, with a
corresponding additional year of monitoring. Other activities to increase the success of
the rare plant mitigation effort could include non-native plant species removal within the
mitigation site to reduce competition, additional seed application, or supplemental
irrigation during periods of prolonged drought. The qualified botanist shall prepare
annual reports for the applicant detailing the methods and results of the mitigation effort
and monitoring effort. The applicant shall be responsible for submitting the report to the
City on an annual basis (by December 31 of each year) for the 5-year monitoring period
or until the final success criteria described above are met.
BIO-3 To the extent feasible, avoid initial site grading in the winter months. The burrowing
owl has been recorded in the vicinity of the project from October to the end of April. If
initial vegetation removal and site grading for the tract improvements is conducted
outside of this period, potential effects on this species would be avoided and no further
mitigation would be required. Restricting the time period for earth-moving activities is
also required to avoid or minimize the potential for erosion and sedimentation (see
Mitigation Measure BIO-9). If initial grading work must commence during the time
period that burrowing owls may be present onsite, preconstruction surveys for this
species shall be included in the survey effort described in Mitigation Measure BIO-4
prior to vegetation removal or tract improvements.
BIO-4 Conduct a preconstruction survey and avoid construction in areas occupied by
special-status wildlife species until relocated or they have left the site. Within 7 days
prior to the start of vegetation/tree removal, ground-disturbing activities, or demolition
of existing structures, a biologist approved by the City shall survey the project impact
area to identify whether nesting birds, roosting bats, monarch butterfly overwintering
populations, obscure bumble bee, and/or California legless lizard are present on site. A
separate survey shall be conducted for any phase of the project not conducted
concurrently or within 10 days of cessation of the previous phase (i.e., structure
demolition conducted prior to general site grading). The biologist shall use appropriate
survey techniques for the special-status species identified in the 2020 BRA as having
potential to occur onsite. For example, burrows shall be examined with binoculars or
wildlife cameras, and inspected for whitewash or prey remains. Leaf litter and cover
objects shall be searched for northern California legless lizards. Potential bat roost sites
shall be inspected for sign of roosting bats such as guano or prey remains. If any of these
species are found onsite, the biologist shall coordinate with the City, and CDFW as
appropriate, on methods to ensure the successful relocation of individuals to suitable
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habitat nearby. In some cases, CDFW may recommend creating structures for displaced
woodrats and bats. Burrowing owls can be discouraged from using burrows onsite, or
occupied burrows can be avoided until the owls have left the area. Bats can be restricted
from roost sites by placing netting over their entrances after they have left the roost for
night-time foraging. The wildlife protection measures to be employed will be based on
the results of the survey and the particular characteristics of their use of the site, in
coordination with CDFW and the construction engineer. If no special-status animal
species are found onsite during the preconstruction survey, work may proceed with the
implementation of the following Mitigation Measures BIO-5 through BIO-7.
BIO-5 Prepare and present a Worker Environmental Awareness Program. Prior to any
vegetation removal or tract improvements, a qualified biologist shall prepare a Worker
Environmental Awareness Program that will be presented to all project personnel. This
program shall detail measures to avoid and minimize impacts on biological resources. It
shall include a description of special-status species potentially occurring on the project
site and their natural history, the status of the species and their protection under
environmental laws and regulations, and the penalties for take. Recommendations shall
be given as to actions to avoid take should a special-status species be found on the project
site. Other aspects of the training shall include a description of general measures to
protect wildlife, including:
1. Delineation of the allowable work area, staging areas, access points, and limits
to vehicle access;
2. Storage of all pipes, metal tubing, or similar materials stored or stacked on the
project site for one or more overnight periods shall be either securely capped
before storage or thoroughly inspected for wildlife before the materials are
moved, buried, capped, or otherwise used.
3. Inspection of materials stored onsite, such as lumber, plywood, and rolls of silt
fence, for wildlife that may have sheltered under or within the materials;
4. Use of netting to exclude birds from nesting in construction materials;
5. Construction of escape ramps in all excavations and trenches more than 6 inches
deep;
6. Contact information for the City-approved biologist and instructions should any
wildlife species be detected in the work site;
7. Dust suppression methods during construction activities when necessary, to
meet air quality standards and protect biological resources; and
8. Methods for containment of food-related trash items (e.g., wrappers, cans,
bottles, food scraps), small construction debris (e.g., nails, bits of metal and
plastic), and other human generated debris (e.g., cigarette butts) in animal-proof
containers and removal from the site on a weekly basis.
All project personnel who have attended the training shall sign an attendance sheet.
The program shall be repeated for any new crews that arrive subsequently on the site.
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BIO-6 Install high-visibility construction and silt fence along the creek corridor to
delineate the allowable work area, exclude wildlife from the site, and protect the
stream habitat. Prior to vegetation removal or tract improvements, and during
subsequent residential development for Lots 1-7, a high-visibility construction fence at
least 4 feet tall together with a silt fence, or an approved wildlife exclusion fence, shall
be erected along the creek corridor to delineate the limits of grading and vehicle access.
If possible, the fence shall be erected along the creek setback line, and encroachment into
the setback shall be kept at a minimum. In no case shall ground disturbance occur within
the riparian habitat or below the top of bank without obtaining proper permits from
regulatory agencies. The type of fence used may be a combination of wildlife exclusion
and silt fence (i.e., ERTEC Triple-function E-fence) or similar materials that would serve
the purposes of safety/construction area delineation, wildlife exclusion, and siltation
prevention. The fence shall be checked weekly by construction personnel for needed
maintenance.
BIO-7 Conduct biological monitoring for special-status wildlife species while the property
is cleared and graded, and structures are removed. A qualified biologist shall monitor
the removal of structures, materials, and vegetation that may provide cover for obscure
bumble bee, northern California legless lizards, and bat roosting sites. The biologist shall
be onsite daily until all materials are removed and all vegetation has been cleared. If any
special-status species are found, work shall be delayed until the individuals have left the
work area or CDFW shall be notified to obtain authorization for capture and relocation.
BIO-8 Avoid vegetation removal within the riparian habitat during the overwintering
season. Vegetation removal within the riparian area shall be conducted outside of the
overwintering season for monarch butterfly (late October through February) and obscure
bumble bee (late October through January) to avoid disturbance to species potentially
inhabiting riparian vegetation.
BIO-9 Install erosion and sediment BMPs and revegetate graded areas. The following
erosion and sedimentation control BMPs are required to be implemented during
vegetation removal, tract improvements, during individual lot construction, and after the
construction phases of the project:
1. If possible, the potential for erosion and sedimentation shall be minimized by
scheduling construction to occur outside of the rainy season, which is typically
defined as October 15 through April 15. Adherence to this measure would also
serve as avoidance for the burrowing owl, as described in Mitigation Measure
BIO-3.
2. To minimize site disturbance, all construction related equipment shall be
restricted to established roads, construction areas, and other designated staging
areas. The creek setback zone shall be clearly marked as described in Mitigation
Measure BIO-6.
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3. Prior to any site disturbance during tract improvements or individual lot
construction, a Sediment and Erosion Control Plan shall be prepared by a
qualified engineer. The use of silt fence, straw wattles, erosion control blankets,
straw bales, sandbags, fiber rolls, and other appropriate techniques should be
employed to protect the drainage features on and off the property. Biotechnical
approaches using native vegetation shall be used as feasible. All areas with soil
disturbance shall have appropriate erosion controls and other stormwater
protection BMPs installed to prevent erosion potential. All sediment and
erosion control measures shall be installed per the engineer’s requirements prior
to the initiation of site grading if planned to occur within the rainy season.
4. Spill kits shall be maintained on the site, and a Spill Response Plan shall be in
place.
5. No vehicles or equipment shall be refueled within 100 feet of wetland areas,
riparian habitat and/or drainage features, and refueling areas shall have a spill
containment system installed. No vehicles or construction equipment shall be
stored overnight within 100 feet of these areas unless drip pans or ground covers
are used. All equipment and vehicles shall be checked and maintained on a daily
basis to ensure proper operation and to avoid potential leaks or spills.
Construction staging areas shall be located in a location where spills would not
drain into aquatic habitats.
6. No concrete washout shall be conducted on the site outside of an appropriate
containment system. Washing of equipment, tools, etc. should not be allowed
in any location where the tainted water could enter onsite drainages.
7. The use of chemicals, fuels, lubricants, or biocides shall be in compliance with
all local, state, and federal regulations. All uses of such compounds shall
observe label and other restrictions mandated by the U.S. Environmental
Protection Agency, California Department of Food and Agriculture, and other
state and federal legislation.
8. All project-related spills of hazardous materials within or adjacent to the project
site should be cleaned up immediately.
9. All areas with soil disturbance shall have appropriate erosion controls and other
stormwater protection BMPs installed to prevent erosion potential. Silt fencing,
erosion control blankets, straw bales, sandbags, fiber rolls, and/or other types
of materials prescribed on the plan shall be implemented to prevent erosion and
sedimentation. Biotechnical approaches using native vegetation shall be used
as feasible.
10. Areas with disturbed soils shall be restored under the direction of the project
engineer in consultation with a qualified restoration ecologist as detailed above.
Methods may include recontouring graded areas to blend in with existing
natural contours, covering the areas with salvaged topsoil containing native
seedbank from the site, and/or applying the native seed mix as described in the
table below. Native seed mix shall be applied to the graded areas in the creek
setback area through either direct hand seeding or hydroseeding methods.
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Seeding with the native erosion control seed mix should be provided on all
disturbed soil areas prior to the onset of the rainy season (by October 15).
Native Erosion Control Seed Mix
Species
Application
Rate
(lbs/acre)
California Brome (Bromus
carinatus) 10
purple needlegrass (Stipa pulchra) 5
tomcat clover (Trifolium wildenovii) 5
six weeks fescue (Vulpia
microstachys) 5
Total 25
BIO-10 Obtain necessary permits for impacts in jurisdictional areas, implement a
compensatory mitigation program, and monitor the success of the program to
ensure no net loss of Riparian/Wetland habitat or other waters on the subject
property. Prior to any vegetation removal or site disturbance within the areas delineated
as jurisdictional features (Figure 5, Aquatic Resources Delineation 2021), the applicant
shall provide documentation to the City that a Clean Water Act Section 404 Permit from
USACE, a Clean Water Act Section 401 Water Quality Certification from RWQCB, and
a California Fish and Game Code Section 1602 Lake and Streambed Alteration
Agreement from CDFW have been obtained or have been determined by the regulatory
agencies to not be required.
Prior to the initiation of vegetation removal or tract improvements, the applicant shall
retain a qualified biological monitor to ensure compliance with all Clean Water Act, City
of San Luis Obispo stormwater and water quality requirements, and If regulatory permits
are required, prior to the initiation of vegetation removal or tract improvements, the
applicant shall retain a qualified biological monitor to ensure compliance with all Clean
Water Act and CDFW permit requirements during work adjacent to the creek. The
monitor shall be present during the installation of the construction fencing delineating
the limits of work in relation to the edge of riparian, creek top of bank, and 20-foot creek
setback buffer, as described in Mitigation Measure BIO-6. Since the Cambria morning
glory compensatory mitigation site is to be located within this buffer, the monitor shall
direct appropriate wildlife exclusion and erosion control BMPs to protect riparian habitat
during site preparation for planting. The monitor shall be present during construction of
the rip rap pad and any other work within the creek setback area on stormwater structures.
The monitor shall also oversee removal of non-native tree species and site preparation
for tree planting within the setback. If a Habitat Mitigation and Monitoring Plan (HMMP)
is required by the regulatory agencies, the applicant shall provide a copy of the plan to
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the City and the biological monitor shall be responsible for successful implementation of
the plan.
BIO-11 Record a Biological Easement and Biological Easement Agreement protecting
riparian area: A Biological Easement and Biological Easement Agreement shall be
recorded in conjunction with the final map recordation. The easement agreement shall
be developed by the applicant in a format provided by the City. The following activities
are permitted within the biological easement, subject to the review and approval by the
City Sustainability and Natural Resources Official:
1. Stormwater improvements.
2. Removal of non-native trees.
3. Restoration and creek bank stabilization activities.
No future paving or structures shall be permitted within the biological easement. Creek
setback standards shall be applied to the easement area, consistent with municipal code
requirements.
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.
California 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 (NAHC) within 24 hours. These requirements shall be noted on the project’s
final map and all improvement/construction plans.
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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 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 (i.e., mufflers, lagging, and/or 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 installed, such as mufflers, engine enclosures, and engine
vibration insulators, 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.).
N-2 Construction plans shall note construction hours, truck routes, and all construction noise
BMP, and 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
Tribal Cultural Resources
TC-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: 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.
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.
WF-2 Additional Fire Hazard Reductions. Future development would incorporate the
following fire reduction methods identified by the 2020 Wildland Fire Protection Report
(Neumann)to reduce wildland fire risk:
1. Rain gutters, when not adequately maintained, will collect leaf material which
becomes a receptive fuel bed for embers and sparks and can then transmit fire
underneath the non-combustible roof materials. Rain gutters should be
protected by noncombustible leaf shields or not allowed.
2. Record on all lots a deed restriction that allows for only non-combustible fences
and decks in the subdivision.
3. Record on all lots a deed restriction that allows for fire resistant landscaping in
the back yards of the subdivision.
4. Require enclosed eves on all structures within the subdivision.
5. Install fireproof vents on all structures (fire-rated, flame and ember resistant).
6. Working with the biologist, remove the non-native vegetation in the creek,
riparian area,
7. reduce the fuel load.
8. Install a non-combustible wall (block or steel stud /stucco) wall 36 inches in
height all around the northern perimeter of the subdivision. The wall shall begin
at the westernmost property line and continue to the 20-foot setback at the west
side of the creek and shall continue beginning at the 20-foot setback at the east
side of the creek, terminating at the property line of CAL FIRE Station #12.
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The purpose of this wall is to interrupt fire progression from the north onto the
proposed lots without obstructing the very desirable view of the open space.
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 (PC) hereby
recommends the City Council approve the project with incorporation of the following conditions:
Planning Division
1. Plans submitted for final map recordation shall label lots one through seven, sixteen, and
eighteen through twenty-three as “sensitive sites”. This status ensures that future site
development will respect existing site constraints, creek setback requirements, privacy of
occupants and 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 these sensitive parcels shall require architectural review, in accordance with Municipal
Code Section 2.48.
2. Plans submitted for final map recordation shall state that lots one through seven are subject to
creek setback standards and requirements, consistent with Municipal Code Section 17.70.030.
3. Plans submitted for final map recordation shall increase the lot size of lot 19 to be no less than
6,900 square feet by reducing the size of lot 20, which shall be no less than 6,000 square feet,
consistent with Subdivision Regulations requirements for corner lots.
4. Plans submitted for final map recordation shall include the Biological Easement required by
mitigation measure BIO-11. This easement shall include all the area between the creek top of
bank, or current riparian area, or replanted areas which are planned directly adjacent to the
creek, whichever is furthest from the centerline of the creek. The easement shall also cover
all areas identified for Cambria morning glory replanting required by mitigation measure
BIO-1.
5. Plans submitted for public improvements or grading of lots shall identify all trees proposed
for removal, their diameter at breast height, and the location of compensatory tree planting.
Compensatory tree planting shall be provided at a rate of one-to-one for all onsite trees
removed, or otherwise consistent with Municipal Code Standards, unless the tree being
removed is exempt from tree removal permitting by Municipal Code section 12.24.090 (C.1.).
Measurements of tree diameters shall be consistent with forestry best practices, to the
satisfaction of the City Arborist. Compensatory tree plantings shall be an equal mix of 15-
gallon and 24-inch box size and consist of at least 50% native tree species. All compensatory
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trees shall be irrigated and maintained by the property owner or subdivider until the tree is
established or the individual lot is sold.
6. Plans submitted for public improvements shall include a Construction Communication Plan.
This plan shall specify how and when existing residents adjacent to the project will be notified
about the schedule for grading and construction activities. Notification of the project schedule
should include all residences within a 300-foot radius of the project site and all residences on
Stanford Drive and Cuesta Drive.
Engineering Division – Public Works/Community Development - Subdivision Conditions
7. The subdivision shall be recorded with a final map. The map preparation and monumentation
shall be in accordance with the City’s Subdivision Regulations, Engineering Standards, and
the Subdivision Map Act. The map shall use U.S. Customary Units in accordance with the
current City Engineering Standards. A separate application, checklist, and final map review
fee shall be paid at the time of final map processing.
8. The map and improvement plans shall be tied to the City’s vertical and horizontal control
network in accordance with the City Engineering Standards. Depending upon the location of
existing vertical control benchmark(s), a new benchmark may need to be established within
or adjoining the subdivision.
9. The final map submittal and improvement plans shall include a current title report. An
electronic copy of the title report with embedded links to referenced documents is preferred.
If not available, the submittal shall include a copy of each of the pertinent referenced
documents.
10. Park in-lieu fees shall be paid for each new single family dwelling lot prior to map recordation.
The fees shall be based on the fee resolution in effect at the time of final map submittal. Credit
for the removal of the existing residence will be applied to the final fee.
11. 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 final 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.
12. The subdivider shall dedicate a 10’ wide street tree easement and public utility easement
(P.U.E.) across the frontage of each lot. This easement shall be clearly shown on the final map
submittal. Said easement shall be adjacent to and contiguous with all public right-of-way lines
bordering each lot.
13. 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 final map and/or shall be recorded separately prior to map
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recordation if applicable. Said easements may be provided for in part or in total as blanket
easements.
14. The final map shall include a public path easement connection from Westmont (east) if
attainable to the satisfaction of the Community Development Director and Public Works
Director. The easement definition of either a public pedestrian or bikeway easement shall be
confirmed with the City prior to map recordation and in concert with the subdivision
improvement plans.
15. A creek/biological open space easement shall be shown and noted on the map in accordance
with the mitigation measures. A creek maintenance Easement Agreement, in a format
approved by the City shall be recorded prior to or concurrent with the recordation of the map.
The agreement shall further clarify the creek maintenance responsibility and limits of
improvements allowed within the creek corridor. The agreement shall be approved to the
satisfaction of the City’s Sustainability and Natural Resources Official and Community
Development Director.
16. The relocation, extinguishment, or quitclaim of any existing easements shall be clearly
identified on the final map or shall be completed separately prior to map recordation if
applicable.
17. The final map shall show and label the limits of the calculated 100-year flood event. The
information may be included on an additional map sheet.
18. The project soils report shall be referenced on the final map in accordance with the subdivision
regulations. The soils engineer shall verify whether additional boring(s) or exploratory
trenching is required to cover the portions of the subdivision located under the existing
developed site. The final report shall complete the analysis and any final recommendation
regarding the potential for liquefaction.
19. The plans, map, and supporting documents shall show and note compliance with the City’s
Drainage Design Manual, Floodplain Management Regulations, and Post Construction
Stormwater Regulations.
20. Stormwater Control Measures (SCM’s) and piping within the public right-of-way should be
limited to the minimum extent feasible. All SCM’s shall be the maintenance responsibility
of the HOA or private property owners. SCM’s that are located within the public right-of-
way will require the recordation of an Encroachment Agreement in a format provided by the
City. The agreement shall be recorded in conjunction the map recordation.
21. The stormwater strategy and subdivision improvement plans shall consider the requirement
for permanent irrigation to any bio-remediation SCM’s. The irrigation system could be
provided from the adjoining domestic meter located along the lot frontage. A common
landscape meter could be provided at the commercial meter water impact fee rate. Private
service piping located within the public right-of-way will require the recordation of an
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encroachment agreement. Cross-connection control may be required for all future domestic
meters for lots that are crossed with a private common irrigation service.
22. An Operation and Maintenance Manual and recorded Private Stormwater Conveyance
Agreement will be required as part of the Stormwater Control Plan approval and map
recordation.
23. The final map submittal shall include CCR’s to define the maintenance responsibility of the
several private and/or shared facilities.
24. All existing structures, private water supply, or private waste disposal system shall be
demolished or abandoned to the satisfaction of the Public Works Director, Building Official,
and County Health Department with proper permits prior to map recordation. Existing
structures or improvements may remain if specifically approved, are not considered to be a
nuisance or health hazard, and are shown to not be affected by the proposed location of
property lines and/or improvements.
25. The subdivision improvement plan submittal shall include the standard application, checklist,
engineer’s estimate of probable cost, a plan review fee/retainer, and all supporting documents.
26. All new on-site and off-site subdivision improvements shall comply with the City Engineering
Standards and Standard Specifications in effect at the time of subdivision plan approval.
27. The street paving shall comply with City Engineering Standards. If construction phasing of
the new street pavement is proposed, the phasing shall provide for the ultimate structural street
section and pavement life per standard #7110. The engineer of record shall detail this
requirement in the public improvement plans, to the satisfaction of the Public Works Director.
28. The improvement plans shall clearly show and label the existing rights-of-way, street
improvements, and utility infrastructure located at the subdivision boundaries and points of
connection to Westmont (east), Cuesta, Stanford, and Westmont (west).
29. The transitions from the several sidewalk connections from the adjoining neighborhood 4’
wide sidewalks to the new 5’ detached sidewalks and 6’ walking path shall be approved by
the City Engineer prior to map recordation. Limited off-site sidewalk improvements may be
required for the transitions and for the connection to ADA compliant and competent material.
30. Sidewalk extensions and or terminations at the Westmont connections to the subdivision shall
be approved by the Public Works Department prior to final map recordation. Unless
otherwise approved for deferral or waiver by the Public Works Department, the through
connection from Westmont (east) will require a continuation of the sidewalk along the street
end to provide an accessible connection to the 6’ walking path.
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31. Westmont street termination improvements, storm drain capture, and utility connections may
require the removal of the existing parkway street tree. A compensatory parkway tree may
be required prior to final map recordation.
32. Plans submitted for public improvements shall show the proposed pathway connection from
Westmont (east) to Cuesta in compliance with City and ADA standards unless otherwise
approved by the Public Works Director. Ramps and landings may be required if the slope
can’t be reduced to walkway gradients. Handrails, if required may need to include a non-
skateboard feature or may need to be attached to a guardrail, fence, or other barrier to
discourage the establishment of a skateable feature.
33. The improvement plans shall show the location of a Mail Box Unit (MBU’s) per City
Engineering Standards and the approval of the Post Master. Unless otherwise approved by
the City, the MBU(s) shall be located outside of the public right-of-way. A separate easement
may need to be included on the map.
34. The subdivision plans shall show water, sewer, gas, electrical, phone, and cable connections
to each lot. Any proposal for the elimination of a gas main and/or gas services shall be
approved by the City and supplying utility company.
35. Plans submitted for public improvements shall show the final line and grade of all sewer,
water, and storm drain lines to the satisfaction of the Public Works and Utility Departments.
Utility separations shall be provided for all new and existing systems unless a design
exception is approved by the City and State, if applicable.
36. The utility plan shall include water services and meters to each lot. The service may be
provided as individual services or could be provided as a “U-branch” at the common property
line per City Engineering Standard #6260 and to the satisfaction of the Utilities Department.
37. Unless specifically approved by the Building Official, and the directors of Community
Development, Public Works, and Utilities, the sewer service to Lots 1, 2, and 3 shall be gravity
sewers. The developer shall exhaust reasonable efforts to provide a gravity sewer to each of
the lots to either Westmont, Stanford, or through an easement to Jeffrey. If sewer ejectors are
required for one or more lots, a Notice of Requirements shall include this item and shall be
recorded in conjunction with the final map.
38. Fire Hydrants shall be provided per City Engineering Standards. The final placement shall
consider the hydrant availability and distance from the tract boundary at all four tract
interfaces with the adjoining public streets. Off-site hydrants may be required. Final hydrant
locations and spacing shall be approved to the satisfaction of the Fire Department and Utilities
Department prior to final map recordation.
39. A preliminary electrical service design/memo from PGE shall be provided prior to approval
of the subdivision improvement plans. The final PGE design/handout package may be listed
as a deferred submittal item on the cover sheet of the improvement plans. Service to the
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subdivision shall be completed without a net increase in the number of service poles located
within the public right of way.
40. Prior to recordation of the final map, the subdivider shall install street lighting and all
associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and
luminaires per City Engineering Standards. Off-site street lighting improvements, alterations,
or upgrades may be required along roadways leading to and from the proposed development
to complete the necessary public improvements.
41. Improvement plans shall include a complete tree summary show the diameter and species of
all trees. The plan shall clarify the trees to remain and the trees to be removed. Trees to
remain may require a tree preservation plan per City Engineering Standards.
42. Prior to recordation of the final map, invasive plant species shall be removed or eradicated
along and within the Twin Ridge Creek corridor to the satisfaction of the Planning Division
and Sustainability and Natural Resources Official .
43. Agency permits required for any work within the creek corridor shall be secured prior to
commencing with any demolitions, grading, and construction within the jurisdictional areas.
Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water Quality
Control Board required for the drainage, site improvements, street and road improvements
shall be issued prior to plan approval and/or commencing with work within the respective
waterways. Permit conditions shall be reflected on the approved subdivision plans.
44. A SWPPP and Waste Discharger Identification Number (WDID) shall be issued and
referenced on the grading, erosion control, and stormwater control plan sheets prior to plan
approval and encroachment permit issuance.
45. The grading and drainage plan and reports shall clarify the limit of run-on from the adjoining
public streets and from any upslope private watershed. The upslope watershed to the north
(Cal Fire) shall be evaluated for the capacity of the current drainage systems. The systems
shall be shown to be adequate to carry the design storm, shall be upgraded, or subdivision
improvements added to collect and convey any run-on.
46. Prior to final map recordation, all proposed retaining walls shall be evaluated for collecting
and conveying any surface run-on that might be tributary to the back of wall. Any
concentrated drainage shall be conveyed and discharged in a non-erosive manner.
47. The proposed pad grades shall provide a minimum surface drainage design gradient from a
defined high point(s) to an approved drainage outlet. The pad grading and drainage plan and
build-out strategy shall not rely on subsurface drainage systems without a safe overflow.
48. The proposed slope banks shall honor the top and toe of slope setbacks from the adjoining
property lines in accordance with the California Building Code unless captured with a
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retaining wall or curb. Pad grading and drainage improvements plans should consider the
final grading and drainage proposed for the typical lot development.
49. Street trees are required as a condition of development. The proposed trees may be planted
in conjunction with the subdivision improvements or could be deferred to individual lot
development. The proposed parkway planting or bio-remediation improvements shall
consider and honor the requirement for parkway tree planting at the rate of approximately one
tree per every 35 lineal feet of frontage.
Utilities Department
50. The proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time the permit for public improvement is obtained and shall have reasonable
alignments needed for maintenance of public infrastructure along public roads.
51. Any private sewer lateral improvement included with public improvement plans that crosses
one proposed parcel for the benefit of another shall provide evidence that a private utility
easement appropriate for those facilities has been recorded prior to issuance of a permit for
such improvement.
52. Public improvement plans submitted shall show all utility easements dedicated to the City in
compliance with the latest engineering design standards and shall have reasonable alignments
needed for maintenance of public infrastructure.
53. Public improvement plans submitted shall show the existing terminal manhole in Cuesta
Drive to be abandoned and a new cleanout manhole shall be installed upstream of the sewer
lateral connection for Lot 16. The proposed sewer lateral for Lot 16 shall connect to the new
6” sewer main extension downstream of the cleanout manhole with a wye.
54. Public improvement plans submitted shall show the proposed public sewer main extension
and manhole in Westmont Avenue to be 6” PVC pipe and meet current City Engineering
Standards.
55. Public improvement plans submitted shall show water meters and private sewer laterals with
appropriate clearance from one another per City Standards.
56. Public improvement plans submitted shall show a separate water meter provided for each new
parcel per Chapter 13.04.120 of the City’s Municipal Code.
57. Potable city water shall not be used for major construction activities, such as grading and dust
control, as required under Prohibited Water Uses; Chapter 13.07.070.C of the City’s
Municipal Code. Recycled water is available through the City’s Construction Water Permit
program.
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58. The proposed 8” public water main within Stanford Drive shall meet the current City
Standards at the time of building permit submittal and shall maintain a minimum 12”
clearance above the proposed public sewer main, per City Standards.
Indemnification
59. 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 Commissioner Hopkins, seconded by Commissioner Shoresman, and on the final
roll call vote:
AYES: Commissioners Hopkins and Shoresman, Vice-Chair Quincey, Chair Jorgensen
NOES: Commissioner Dandekar
REFRAIN: Commissioner Kahn
ABSENT: Commissioner Wulkan
The foregoing resolution was passed and adopted this 28th day of July, 2021.
_____________________________
Tyler Corey, Secretary
Planning Commission