Loading...
HomeMy WebLinkAboutBates 08954-09001 Agenda - FRSP staff report - Tuesday, September 15, 2020Tuesday, September 15, 2020 San Luis Obispo Page 1 Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be holding all public meetings via teleconference. There will be no physical location for the Public to view the meeting. Below are instructions on how to view the meeting remotely and how to leave public comment. Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate in the meeting to the same extent as if they were present. Using the most rapid means of communication available at this time, members of the public are encouraged to participate in Council meetings in the following ways: 1.Remote Viewing - Members of the public who wish to watch the meeting can view: •View the Webinar (recommended for the best viewing quality): ➢Registration URL: https://attendee.gotowebinar.com/register/31 13198313997530891 ➢Webinar ID: 191 -406 -203 ➢Telephone Attendee: +1 (213) 929-4212, Audio Access Code: 596-177-069 •Televised live on Charter Cable Channel 20 •View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city 2.Public Comment - The City Council will still be accepting public comment. Public comment can be submitted in the following ways: •Mail or Email Public Comment ➢Received by 3:00 PM on the day of meeting - Can be submitted via email to emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401. All emails will be archived/distributed to councilmembers, however, submissions after 3:00 p.m. on the day of the meeting may not be archived/distributed until the following day. Emails will not be read aloud during the meeting. •Verbal Public Comment ➢In Advance of the Meeting - Call (805) 781-7164; state and spell your name, the agenda item number you are calling about and leave your comment. The verbal comments must be limited to 3 minutes. All voicemails will be forwarded to the Council Members and saved as Agenda Correspondence. Voicemails will not be played during the meeting. ➢During the meeting – Join the webinar (instructions above). Once the meeting has started, please put your name and the item # you would like to speak on in the questions box. During public comment for the item, your name will be called, and your mic will be unmuted. Contact the office of the City Clerk at cityclerk@slocity.org for more information. All comments submitted will be placed into the administrative record of the meeting. 08954 San Luis Obispo City Council Agenda September 15, 2020 Page 2 San Luis Obispo Page 2 6:00 PM REGULAR MEETING TELECONFERENCE Broadcasted via Webinar CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez and Mayor Heidi Harmon PRESENTATIONS 1. PAVEMENT TO PARKS PRESENTATION (WILLIAMSON – 5 MINUTES) Recommendation: Receive a presentation from Peter Williamson, Employer Outreach Coordinator with SLO Rideshare, on the “Pavement to Parks” celebration starting September 1, 2020 and continuing through October 9, 2020. 2. NATIONAL DRIVE ELECTRIC WEEK PROCLAMATION (HARMON – 5 MINUTES) Recommendation: Mayor Harmon will proclaim the week of September 26, 2020 to October 4, 2020 as “National Drive Electric Week.” APPOINTMENTS 3. ADVISORY APPOINTMENTS FOR UNSCHEDULED VACANCIES (PURRINGTON – 5 MINUTES) Recommendation: Confirm appointments to the Architectural Review Commission, Cultural Heritage Committee, and the Tourism Business Improvement District Board, as recommended by the Council Liaison Subcommittees. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (Not to exceed 15 minutes total) The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items. 08955 San Luis Obispo City Council Agenda September 15, 2020 Page 3 CONSENT AGENDA Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (PURRINGTON) Recommendation: Waive reading of all resolutions and ordinances as appropriate. 5. MINUTES REVIEW - AUGUST 28, 2020 AND SEPTEMBER 1, 2020 CITY COUNCIL MINUTES (PURRINGTON) Recommendation: Approve the minutes of the City Council meetings held on August 28, 2020 and September 1, 2020. 6. BIENNIAL REVIEW AND AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE (HERMANN / CHRISTIAN) Recommendation: Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California amending the City’s Conflict of Interest Code.” 7. 2019 INTEGRATED REGIONAL WATER MANAGEMENT PLAN (FLOYD / BOERMAN / METZ) Recommendation: Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California adopting the 2019 San Luis Obispo County Integrated Regional Water Management (IRMW) Plan and finding that the project is statutorily exempt from Section 21000 et seq. of the California Public Resources Code, the California Environmental Quality Act, pursuant to Section 15262 of the California Environmental Quality Act Guidelines.” 8. FY 2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION (CANTRELL / ELLSWORTH) Recommendation: 1. Authorize staff to submit an application for the 2020 Edward Byrne Memorial Justice Assistance Grant in the amount of $11,761; and 2. If the grant is awarded, authorize the City Manager to execute necessary grant documents and direct the appropriation of monies into the accounts required to administer the grant. 08956 San Luis Obispo City Council Agenda September 15, 2020 Page 4 PUBLIC HEARING AND BUSINESS ITEMS 9. A PUBLIC HEARING TO CONSIDER THE FROOM RANCH PROJECT ENTITLEMENTS, CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, AND INTRODUCTION AN ORDINANCE AMENDING THE CITY’S ZONING MAP UPON ANNEXATION OF PROPERTIES WITHIN THE FROOM RANCH SPECIFIC PLAN AREA (CODRON – 90 MINUTES) Recommendation: 1. As recommended by the Planning Commission, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, certifying the Final Environmental Impact Report (EIR) for the Froom Ranch Specific Plan Project, adopting associated findings and statement of overriding considerations, and approving the Froom Ranch Specific Plan, General Plan Amendment, Pre-Zoning, Vesting Tentative Tract Map #3106, and initiation of the annexation process (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, EID-0738-2019; Specific Plan Area 3; 12165 and 12393 Los Osos Valley Road);” and 2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, establishing pre-zoning and amendment of the City’s Zoning Map to apply upon annexation of properties within the Froom Ranch Specific Plan Area (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, EID- 0738-2019; Specific Plan Area 3; 12165 and 12393 Los Osos Valley Road).” 10. A PUBLIC HEARING TO INTRODUCE AN ORDINANCE REZONING AND AMENDING THE SPECIFIC PLAN DESIGNATION FOR THE PROPERTY AT 660 TANK FARM ROAD AND AMENDING THE AIRPORT AREA SPECIFIC PLAN DESIGNATION FOR 3985 BROAD STREET; CONSIDERATION OF A GENERAL PLAN AMENDMENT APPROVING DEVELOPMENT OF AN ASSISTED LIVING FACILITY AND CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL DETERMINATION (CODRON / COREY – 60 MINUTES) Recommendation: 1. As recommended by the Planning Commission, adopt a Resolution enti tled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the General Plan Amendment for 660 Tank Farm Road, Vesting Tentative Tract Map, Creek Setback Exception, and Major Development Review approving development of an Assisted Living Facility and adopting a Mitigated Negative Declaration of Environmental Review as represented in the City Council agenda report and attachments dated September 15, 2020 (660 Tank Farm Road, 3985 Broad Street; EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018);” and 08957 San Luis Obispo City Council Agenda September 15, 2020 Page 5 2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, rezoning and amending the Specific Plan Designation for the property at 660 Tank Farm Road from Business Park with Specific Plan Overlay (BP- SP) to Community Commercial With Specific Plan And Special Focus Overlay (CC-SP- SF) and amending the Airport Area Specific Plan Designation for 3985 Broad Street to Community Commercial with Special Focus Area (C-C-SP-SF) and making associated amendments to the Airport Area Specific Plan to be consistent with the proposed Northwest Corner Assisted Living Project, and with the General Plan as amended.” LIAISON REPORTS AND COMMUNICATIONS (Not to exceed 15 minutes) Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, October 6, 2020 at 6:00 p.m., via teleconference. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100. 08958 Page intentionally left blank. 08959 Department Name: Community Development Cost Center: 4003 For Agenda of: September 15, 2020 Placement: Public Hearing Estimated Time: 90 minutes FROM: Michael Codron, Community Development Director Prepared By: Shawna Scott, Senior Planner Emily Creel, Contract Planner SUBJECT: A PUBLIC HEARING TO CONSIDER THE FROOM RANCH PROJECT ENTITLEMENTS, CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, AND INTRODUCTION AN ORDINANCE AMENDING THE CITY’S ZONING MAP UPON ANNEXATION OF PROPERTIES WITHIN THE FROOM RANCH SPECIFIC PLAN AREA RECOMMENDATION 1. As recommended by the Planning Commission, adopt a Resolution (Attachment A), taking the following actions to approve the Froom Ranch Project: a. Certify the Final Environmental Impact Report (Final EIR), adopt appropriate California Environmental Quality Act (CEQA) Findings and Statement of Overriding Considerations (Attachment B, Exhibit A to Resolution), and adopt a Mitigation Monitoring and Reporting Plan (Attachment C, Exhibit B to Resolution); and b. Approve the Froom Ranch Specific Plan and related project entitlements, including a General Plan Amendment, pre-zoning, and Vesting Tentative Tract Map No. 3106; and c. Initiate annexation of the project site by authorizing staff to submit an application for annexation of the project site to the Local Agency Formation Commission (LAFCO). 2. Introduce an Ordinance establishing pre-zoning and amendment of the City’s Zoning Map to apply upon annexation of properties within the Froom Ranch Specific Plan Area (Attachment D and Attachment E, Exhibit A to Ordinance). REPORT-IN-BRIEF The Froom Ranch Specific Plan project is proposed by John Madonna of JM Development Group, Inc. to enable the development and open space preservation of the 109.7-acre site (Attachment F, Draft Froom Ranch Specific Plan and Attachment G, Vesting Tentative Tract Map). The project proposes primarily residential development within the Specific Plan area, including a Life Plan Community known as Villaggio as a major component. There are five major entitlements being sought: 1. Froom Ranch Specific Plan 2. General Plan Amendment 3. Pre-Zoning 4. Vesting Tentative Tract Map 5. Annexation Item 9 Packet Page 6108960 A Final EIR has been prepared for the project and is available on the City’s website: https://www.slocity.org/Home/ShowDocument?id=27520 The project has been presented before various City advisory bodies dating back to 2016. The City Council’s role is to review and consider approval of the Froom Ranch Specific Plan and related entitlements, based on project-related input received from the Planning Commission, other City advisory bodies, and the Airport Land Use Commission (ALUC) and public correspondence. As a necessary step related to possible project approval, the City Council must certify the Final EIR for the project, adopt the CEQA Findings, including a Statement of Overriding Considerations for impacts determined to be significant and unavoidable (Attachment B, Exhibit A to Resolution). If the Council certifies the Final EIR and approves the project, staff will prepare an application to LAFCO to initiate the annexation process. Based on the analysis in the Final EIR, the project will result in the following significant and unavoidable impacts: • Aesthetic and Visual Resources: impacts to visual character, particularly as viewed from the Irish Hills Natural Reserve trail system and cumulative visual impact • Air Quality and Greenhouse Gas Emissions: exceedance of San Luis Obispo County Air Pollution Control District (SLOAPCD) operational thresholds, greenhouse gas emissions, inconsistency with the 2001 Clean Air Plan • Biological Resources: cumulative impacts from conversion of agricultural and open lands to developed urban uses, resulting in losses of open space and habitats supporting sensitive and/or special-status species, and loss of wildlife corridors • Cultural and Tribal Cultural Resources: loss of three contributing structures to the Froom Ranch Dairy historic district • Hazards, Hazardous Materials, and Wildfire: exacerbation of wildfire risks by developing adjacent to a Very High Fire Hazard Severity Zone • Land Use and Planning: potential inconsistency with City plans and policies regarding protection of aesthetic and scenic quality, cultural resources, and wildfire hazards • Transportation and Traffic: exacerbation of queuing and peak hour traffic for automobiles and poor levels of service for pedestrians and bicycle modes under Existing plus Project conditions and exacerbation of queuing and peak hour traffic for automobiles and poor levels of service for pedestrians and bicycle modes under Near-Term plus Project conditions The MMRP attached to the Draft Resolution (Attachment C, Exhibit B to Resolution) summarizes the project’s significant and less than significant impacts and mitigation measures. The Final EIR notes that Alternative 1 (Actionable Alternative) is the Environmentally Superior Alternative. The 2020 Draft Specific Plan proposes a reduced project alternative that, like Alternative 1, would substantially reduce potential environmental impacts in comparison to the originally proposed project. The 2020 Draft Specific Plan’s incorporation of identified mitigation measures would further reduce potential environmental impacts in comparison to Alternative 1. Item 9 Packet Page 6208961 The limited development proposed above 150 feet under the 2020 Draft Specific Plan is less than that proposed in the originally proposed project and includes uses (the public trailhead park) that the Draft EIR determined would avoid and reduce environmental impacts when compared to the original project. The 2020 Draft Specific Plan, although a slight variation of Alternative 1, was adequately analyzed in the EIR (covered by the analysis of the originally proposed project and Alternative 1), and would not result in new or more severe impacts not previously analyzed in the Draft EIR; therefore, additional evaluation is not necessary to meet the requirements of CEQA. On August 12, 2020, the Planning Commission reviewed the Final EIR, proposed project, and CEQA Findings and Statement of Overriding Considerations, and recommended that the City Council certify the Final EIR, adopt the recommended CEQA Findings and Statement of Overriding Considerations, and approve the project. The Planning Commission discussed th e limited development above the 150-foot elevation line (within the active quarry and construction storage area near Home Depot), and determined that construction of a public park and approximately 0.7 acre of residential development would be appropriate due to the dynamic nature of the physical elevation as a result of mining activity, limited visibility of the area as seen from public roads, and the provision of additional multi-family housing potential. No portion of Villaggio would be located above the 150-foot elevation, and the entire Upper Terrace would be zoned Conservation/Open Space. The Planning Commission provided the following direction for modifications to the Specific Plan, all of which are incorporated into the revised 2020 Specific Plan for the Council’s Consideration: 1. Include at least one area for active recreation in the Madonna Froom Ranch portion of the project; and 2. Include an interconnected network of pedestrian paths in the Villaggio area that connect to the public sidewalks and Froom Ranch trail; and 3. Provide additional design guidance for multi-family housing above the 150-foot elevation line to be sensitive to historic resources in the area, with a farmhouse vernacular architectural style. The Planning Commission also recommended that staff present the City Council with options for a dedicated bikeway on one or both sides of Local Road A from the roundabout to the trailhead park. Staff has worked with the applicant and identified two options and a recommended condition of approval for the Council’s consideration. The August 12, 2020 Planning Commission Agenda Report includes a comprehensive description and analysis of the Froom Ranch Specific Plan project (refer to Attachment H, Council Reading File). This Council Agenda Report provides an overview of the project, references the Planning Commission Agenda Report where appliable, and presents key issues for the Council’s consideration based on direction received from the Planning Commission and received public correspondence. Item 9 Packet Page 6308962 DISCUSSION Background Project Description Summary John Madonna of JM Development Group, Inc. has proposed a project that includes several entitlements that would allow development of approximately 43.5 acres of the 109.7-acre project site. Requested entitlements include a Specific Plan (Attachment F), General Plan Amendment, pre-zoning, Vesting Tentative Tract Map No. 3106 (Attachment G), and annexation. The Froom Ranch Specific Plan proposes a mix of land uses, including up to 404 units of independent and assisted senior housing in a Life Plan Community (LPC) known as Villaggio, up to 174 multi- family residential units, up to 100,000 square feet of retail-commercial uses (including potentially a 70,000-square foot hotel), open space (60% of the project site), and a public trailhead park (see Figures 1 and 2, Zoning/Land Use Map and Conceptual Site Plan). The project was reviewed by the Planning Commission on August 12, 2020 and the Planning Commission Agenda Report is included at Attachment D to this report (refer to Council Reading File). The project is described in detail in Section 3, packet pages 13-22, of the Planning Commission Agenda Report (Attachment H). The project includes a request for a General Plan Amendment to allow limited development1 above the 150-foot elevation, and in particular, seeks to amend Policy 6.4.7(H) of the Land Use Element (LUE), which states that the Irish Hills area “should secure permanent open space with no building sites above the 150-foot elevation, in conjunction with any subdivision or development of the lower areas.” This amendment would only allow for residential development above the identified 150-foot elevation within the northwest corner of the Specific Plan area near Home Depot, within an area currently used as an active permitted quarry and construction storage area. The proposed General Plan Amendment would also amend Chapter 8 of the LUE, Special Focus Areas, to allow an increase in the identified maximum number of residential units within the Specific Plan area. The proposed General Plan Amendment is described in detail in Section 3.10, packet pages 20-22, of the Planning Commission Agenda Report (Attachment H). A detailed analysis of the proposed development above the 150-foot elevation is provided in Section 5.2, packet pages 35-37, of the Planning Commission Agenda Report (Attachment H). 1 Limited development includes approximately: R-3 (0.7 acre); PF (3.6 acres); and roadway (0.4 acre) Item 9 Packet Page 6408963 Figure 2. Conceptual Site Plan The project proposes to realign approximately 2,145 linear feet (0.41 mile) of Froom Creek within the Specific Plan area. The project also proposes to relocate, rehabilitate/reconstruct, and adaptively reuse four historic structures within the Froom Ranch Dairy Complex to the new public trailhead park, including the Main Residence, Creamery/House, Dairy (Round-Nose) Barn, and Granary. The proposed creek realignment is described in detail in Section 5.2, packet pages 37-39, of the Planning Commission Agenda Report (Attachment H). The public trailhead park and relocation of historic structures is described in Section 3.6, packet pages 16-18, of the Planning Commission Agenda Report. Key Project Issues An analysis of key issues identified through preparation of the EIR and through public review and comment on the Draft EIR are discussed in detail in Section 5.2, packet pages 35-43, of the Planning Commission Agenda Report. In addition, the following additional issues were raised in agenda correspondence for the August 12, 2020 Planning Commission hearing. Lot 1 and Amendment of the Agricultural Conservation Easement Agenda correspondence from the California Native Plant Society (CNPS) asserted that City open space policies and programs clearly state that open space lands requiring special attention (such as those above the 150-foot elevation) should be protected in City ownership (See General Plan Open Space Element, Appendix B, Paragraphs 3A, B, E, and G; 4B, C, and D; and 5D). CNPS asserted that, to provide further protection, a conservation easement held by a qualified organization other than the City, which restricts permissible uses to those supportive of open space and wildlife habitat (such as is already the case on the adjacent Irish Hills Natural Reserve) should also be placed on this Lot 1 and that this permanent protection would help justify the proposed amendment to the existing onsite Open Space and Agricultural Conservation Agreement (Attachment I). Figure 1. Zoning/Land Use Map Item 9 Packet Page 6508964 The project currently proposes to pre-zone, and ultimately zone this lot as Conservation/Open Space, and the Vesting Tentative Tract Map conditions of approval include the following (COA #36): 36. Separate Open Space and Creek or Biological Easement Agreement(s) shall be recorded in conjunction with the final map recordation. The easement agreement(s) shall be developed by the applicant in a format provided by the City. At this time, the lot is not proposed to be added to the Irish Hills Natural Reserve; however, this action would not preclude its addition from consideration in the future. Likely considerations would include an assessment of the City’s ability to obtain and maintain the additional property, in addition to further conversations and negotiations with the current property owner, John Madonna and anticipated future owner, Villaggio. Regarding the suggestion for a conservation easement held by a qualified organization other than the City, this option is not a requirement of Specific Plan adoption or annexation; however, this action would also not be precluded from consideration in the future and would require identification of an eligible easement holder and satisfaction of any requirements that organization may have. Based on conversations with the applicant team, they are favorably inclined towards dedicating the land to the City or recording an open space easement over Lot 1 (pursuant to COA #36, shown above), pending their cultivation of investors upon entitlements. As the City cannot make dedication of the land to the City a quid pro quo for project approval, staff advises that the appropriate approach to this issue is to comply with COA #36 and continue assessments and conversations with the applicant team regarding future dedication following City Council consideration and annexation proceedings (if the Council moves to approve the project). As recognized by CNPS, the project sponsors are offering a number of public benefits with the project, including designation of substantial open space in the sensitive Upper Terrace, restoration of four historic structures, development of a public trailhead park, amendment and enlargement of an onsite agricultural conservation easement, and development of a re-established Froom Creek corridor. CNPS recommended that the Planning Commission make findings recognizing the public benefit, including through provision of the permanent protection of Lot 1, part of their final recommendation to City Council. The Planning Commission did not direct staff to include any additional findings for Council’s consideration. Staff is prepared to incorporate additional findings into the Resolution if directed by Council. Development Above the 150-foot Elevation In its agenda correspondence, CNPS acknowledged the applicant’s effort to redesign the project to relocate the historic Froom Ranch Dairy Complex buildings into a rural setting as opposed to the busy, urban setting originally proposed and stated that it withdraws its previous opposition to the minor amount of private development currently proposed at that location, which will be at or above the 150 foot elevation line. However, CNPS recommended that the Planning Commission base the approval of the General Plan Amendment related to development above the 150-foot elevation on the following findings: Item 9 Packet Page 6608965 1. The storage or former quarry area has been so used for many years, with numerous changes in elevation and ground materials due to quarrying activities and use of the site for equipment and materials storage; and 2. This use over the years has resulted in the site having very limited habitat value; and 3. Re-grading and proper soil compaction of the site, relocating the historic Froom Ranch buildings, developing a trailhead park which also serves neighborhood needs, addressing the need for significant landscaping and habitat enhancement, and other efforts, creates a particular burden on this portion of the Froom Ranch Specific Plan. Again, the Planning Commission did not direct staff to include any additional findings for Council’s consideration; however, staff will be prepared to incorporate additional findings into the Resolution if directed by Council. Previous Council or Advisory Body Action Planning Commission. On August 12, 2020, the Planning Commission reviewed the project and, with a vote of 6-0-1, recommended certification of the Final EIR, adoption of associated CEQA Findings and Statement of Overriding Considerations, and approval of the Froom Ranch Specific Plan, General Plan Amendment, pre-zoning, Vesting Tentative Tract Map, and initiation of the annexation process. The motion included direction to modify the Specific Plan as described below. The summary below identifies how these directional items have been addressed and incorporated into the project. 1. Include at least one area for active recreation in the Madonna Froom Ranch portion of the project. Applicant Response. The trailhead park concept reflected as Figure 3-9 on page 3-19 of the Specific Plan (Attachment F) has been revised to incorporate an approximately 60- foot by 120-foot active play area. 2. Include an interconnected network of pedestrian paths in the Villaggio area that connect to the public sidewalks and Froom Ranch trail. Applicant Response. The Specific Plan was revised to add Policy 5.5.3 and Programs 5.5.3a and 5.5.3b to Section 5.5.3, Private Trails, as follows: The Life Plan Community includes a system of private trails for the use of its residents and visitors. The trails would be privately maintained and promote healthy lifestyles for residents. Private Trail Policies & Programs: Policy 5.5.3: A private trail system consistent with Figure 5-11 shall be implemented within the Life Plan Community area. Program5.5.3a: Sidewalks within the Life Plan Community shall provide connectivity and safe places for residents to walk. Item 9 Packet Page 6708966 Program 5.53b: Access linkages to trails beyond the Life Plan Community shall be provided, which would be controlled by coded gates in fencing. These include: the project’s public trail system along Froom Creek, and the City open space trails beyond the development. See additional discussion in Section 3.4.3 and a fencing guideline in Section 4.4.4. The secondary access road off Los Osos Valley Road will be controlled by bollards or gates allowing emergency vehicles to enter the site but restrict passenger vehicles from entering. This road provides an additional access point for pedestrians and bicyclists. 3. Provide additional design guidance for multi-family housing above the 150-foot elevation line to be sensitive to historic resources in the area, with a farmhouse vernacular architectural style. Applicant Response. The Specific Plan was revised to add Design Guideline 3 to Section 4.3.1, Architectural Styles, as follows: Consistent with Mitigation Measure CR-13, development plans for the new multi-family residential development on the south side of the Trailhead Park containing the relocated historic structures, and west of the point where the secondary access road intersects Local Road A, shall be subject to the additional design guidelines: a. New construction shall be compatible with the historic structures through selected exterior materials and design features, as well as their scale, proportion, and massing. b. A more traditional architectural style shall be utilized such as Farmhouse vernacular. c. Roof styles, window details, trim features, and exterior materials shall be consistent with the selected traditional architectural style. 4. Incorporate all other changes outlined by staff. Applicant Response. Minor clarifications and corrections identified and recommended by staff during the Planning Commission hearing are described in a memorandum included with this report in Attachment F and have been incorporated into the Specific Plan. 5. Present the City Council options for a dedicated bikeway on one or both sides of Local Road A from the roundabout to the trailhead park. Staff and Applicant Response. City staff has consulted with the applicant team to identify two viable options for providing a dedicated bicycle connection along Local Road A. These two options include: Option 1, Standard Class II Bike Lanes without Parkway (Figure 3) and Option 2, Advisory Bike Lanes with Parkway (Figure 4). Local Road A, as originally presented in the Specific Plan, is shown in Figure 5 for comparison. Option 1 includes two ten-foot wide vehicle travel lanes, and a six-foot Class II bike lane and six- foot wide sidewalks on each side of the roadway; this option does not include a parkway (Figure 3). Option 2 includes a 16-foot side shared vehicular lane, and a five-foot wide bike lane, four-foot vegetated buffer, and five-foot sidewalk on each side of the roadway (Figure 4). The Specific Plan originally identified two 12-foot vehicle lanes and a five- foot parkway and five-foot sidewalk on each side of the roadway (Figure 5). Item 9 Packet Page 6808967 Either option presented above would address direction from the Planning Commission and would provide dedicated bicycle facilities within the roadway between the roundabout and the public park. Bicyclists would use the protected bike lane on Commercial Collector A (extending from Los Osos Valley Road) and proceed to the bike lane on Local Road A. To allow for further refinement of the improvements based on Council direction, Staff presents Condition of Approval #93 for consideration: 93. With development of the on-site public improvement plans and prior to recordation of the Final Map, the Project Applicant shall provide a dedicated bicycle connection along Local Road A from the on-site roundabout west to the trailhead park to the satisfaction of the Public Works Director. This new bicycle connection shall be constructed prior to issuance of occupancy permits for Phase 3 development of the Specific Plan (Madonna Froom). Figure 3. Local Road A Option 1, Standard Class II Bike Lanes w/out Parkway Figure 4, Local Road A Option 2, Advisory Bike Lanes with Parkway Figure 5, Local Road A, Original Lane Configuration, No Bike Lane Item 9 Packet Page 6908968 Advisory Body Review. The project has undergone multiple additional advisory body reviews, including two early pre-application reviews in 2016; three conceptual reviews in 2017 and 2018; five advisory body reviews during circulation of the Draft EIR in 2019; review by the Airport Land Use Commission in July 2020; and review by the Cultural Heritage Committee in July 2020. A detailed discussion of these reviews is provided in Section 2.0, packet pages 9 -13, of the Planning Commission Agenda Report (Attachment H). City Council. The City Council authorized initiation of the Specific Plan on April 5, 2016. The Council generally supported the concept to reduce the amount of commercial development within the Specific Plan area and increase residential uses, including through the development of a LPC within the City. As part of its initiation of the Specific Plan, however, the City Council required that the project applicant also develop a feasible “actionable alternative” that locates all development below the 150-foot elevation. Additional project background, including revisions to the Specific Plan made throughout the planning process and in response to Council’s previous direction to evaluate an “actionable alternative”, are described in detail in Section 2, packet pages 9-13, of the Planning Commission Agenda Report (Attachment H). Policy Context In 2014, the adopted Land Use and Circulation Element (LUCE) Update identified three new Specific Plan and City expansion areas, San Luis Ranch (Special Focus Area [SP]-2), Madonna on LOVR (SP-3, also known as Froom Ranch), and Avila Ranch (SP-4, located within the Airport Area Specific Plan). Since 2014, the San Luis Ranch Specific Plan and Avila Ranch Development Plan were approved and are in the process of development. The third and final expansion area, Froom Ranch, is located within the City’s Sphere of Influence (SOI), is planned for growth under Land Use Element SP-3, and would be annexed to the City consistent with the General Plan, adopted policy, and LAFCO review. Along with the Final EIR and other entitlements, the City Council’s consideration includes adoption of a resolution to initiate annexation of the Froom Ranch Specific Plan property to the City. Following City Council action on project entitlements including adoption of the Specific Plan and certification of the Final EIR, the project will be submitted to LAFCO for the formal annexation review process. LAFCO works with the City and County of San Luis Obispo to negotiate tax sharing and to ensure that a proper plan of services is in place to guide orderly development of the annexed property. Both the City limits and Urban Reserve Line (URL) would be amended upon annexation. The project is based on policy direction included in the General Plan, specifically Land Use Element Policy 8.1.5, which identifies the Froom Ranch Specific Plan area as SP -3, subject to policies for the development of a specific plan and certain broad development parameters and principles. The entire policy is included within Section 5.1, packet page 26, of the Planning Commission Agenda Report (Attachment H). Item 9 Packet Page 7008969 The EIR identified potential inconsistency with 25 City General Plan policies. A detailed analysis of the project’s consistency with these policies is included in Section 5.1, packet pages 26-34, of the Planning Commission Agenda Report (Attachment H). In its August 12, 2020 Resolution, the Planning Commission found that the Froom Ranch project was consistent with the City’s General Plan and related policies and standards. Public Engagement Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s Municipal Code, the project was noticed per the City’s notification requirements for each public hearing associated with the project. Newspaper legal advertisements were posted in the New Times ten days prior to the hearing. Additionally, postcards were sent to both tenants and owners of properties located within 300 feet of the project site ten days before the hearing. The City maintained an Interested Parties list and provided direct notification of project hearings to individuals on the list. Notices of availability of the Draft EIR and Final EIR were sent to Interested Parties and Responsible Agencies. A postcard notification of the August 12, 2020 Planning Commission hearing and the City Council hearing was provided to every person, organization, and agency who provided comments on the Draft EIR. CONCURRENCE The City’s review of the Froom Ranch Specific Plan has involved all City departments involved in the development review process. Conditions of approval have been identified and mitigation measures will be implemented to ensure that the project is carried out in a manner that is consistent with City standards. In addition to further consultation with the City Public Works Transportation Division regarding potential options for additional bicycle facilities within the Specific Plan area, key issues evaluated by Engineering, Utilities, Fire and Transportation are summarized on Planning Commission packet page 44. The Airport Land Use Commission reviewed the project in July 2020 and determined that the project is consistent with the Airport Land Use Plan. CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN This activity is presently allowed under the State and Local emergency orders associated with COVID-19. This project and associated staff work will be reimbursed by the applicant directly or indirectly through fees and is therefore consistent with the guidance of the City’s Fiscal Health Contingency Plan. ENVIRONMENTAL REVIEW A Draft EIR was prepared for the project and distributed for public review from November 8, 2019 to December 23, 2019. The City received written comments on the Draft EIR from four state agencies, four local agencies, eight organizations, and ten individuals. In addition, a total of 20 oral testimonies were received from individuals during the Planning Commission and advisory body hearings in November/December 2019. The Final EIR is a compilation of the Draft EIR, responses to comments to the Draft EIR, and any changes made as a result of those comments. Item 9 Packet Page 7108970 Based on the analysis in the Final EIR, the project will result in significant and unavoidable impacts to the following resources: Aesthetics and Visual Resources; Air Quality and Greenhouse Gas Emissions; Biological Resources; Cultural and Tribal Cultural Resources; Hazards, Hazardous Materials, and Wildfire; Land Use and Planning; and Transportation and Traffic. An analysis of key issues identified through the EIR process and public review and comment are discussed in detail in Section 5.2, packet pages 35-43, of the Planning Commission Agenda Report (Attachment H). The Final EIR is available for review on the City’s website: https://www.slocity.org/Home/ShowDocument?id=27520 The City has prepared a draft set of CEQA Findings, a draft Statement of Overriding Considerations, and a draft Mitigation, Monitoring, and Reporting Program (MMRP), all of which are included as exhibits to the Draft Resolution (Attachments A, B, and C, respectively). The Final EIR must be certified, and the CEQA Findings and Statement of Overriding Considerations must be adopted, before or concurrent with an action to approve the proposed project entitlements. The environmental review process is described in further detail in Section 4.0, packet pages 23 - 25, of the Planning Commission Agenda Report (Attachment H). FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total N/A The applicant provided funds for the use of consultant support, including the management, evaluation, and processing of the Froom Ranch Specific Plan project and preparation of the associated EIR, Findings, and Statement of Overriding Considerations. Entitlement fees for the processing of the Vesting Tentative Tract Map were received by the applicant, consistent with the City’s adopted fee schedule. Item 9 Packet Page 7208971 In addition, the proposed land uses are mostly consistent with the land uses identified in the Land Use Element of the City’s General Plan. When the General Plan was adopted, a fiscal analysis was prepared that concluded that the City’s land use plans are fiscally balanced, meaning that on balance the costs of development will be offset by revenue from sales tax, property tax, transient occupancy tax, and other revenues generated by the project. As a result, the approval of the Froom Ranch Specific Plan is expected to have neutral fiscal impact on the City’s General Fund. ALTERNATIVES 1. Continue consideration of the application to a future date. The Council may continue its review of the project to a date certain hearing if additional time or information is needed to make a decision. If additional information is needed, direction should be provided to staff so that it can be presented at that subsequent hearing. The Council may direct staff and the applicant to make specific changes to the project. Direction on changes should be specific and preferably within the scope of the environmental document prepared for the project. Changes beyond the scope of the EIR prepared for the project would require additional environmental review and delay the project entitlement process. 2. Deny the project. The Council may deny the project, based on findings of inconsistency with California State Law, the City’s General Plan, Zoning Regulations, and other applicable City regulations. Attachments: a - Draft Resolution b - COUNCIL READING FILE - Exhibit A to the Resolution - Findings of Fact and Statement of Overriding Considerations c - COUNCIL READING FILE - Exhibit B to the Resolution - Mitigation Monitoring and Reporting Program d - Draft Ordinance e - Exhibit A to the Ordinance f - COUNCIL READING FILE - Draft Froom Ranch Specific Plan g - COUNCIL READING FILE - Vesting Tentative Tract Map 3106 h - COUNCIL READING FILE - PC Minutes, Correspondence, Agenda Report i - COUNCIL READING FILE - 2010 Ag and Open Space Easement Item 9 Packet Page 7308972 R ______ RESOLUTION NO. ________ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE FROOM RANCH SPECIFIC PLAN PROJECT, ADOPTING ASSOCIATED FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING THE FROOM RANCH SPECIFIC PLAN, GENERAL PLAN AMENDMENT, PRE- ZONING, VESTING TENTATIVE TRACT MAP #3106, AND INITIATION OF THE ANNEXATION PROCESS (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, EID-0738-2019; SPECIFIC PLAN AREA 3; 12165 AND 12393 LOS OSOS VALLEY ROAD) WHEREAS, on August 12, 2020, the Planning Commission of the City of San Luis Obispo recommended the City Council 1) certify the Final EIR for the Froom Ranch Specific Plan project and adopt the CEQA Findings and Statement of Overriding Considerations; and 2) approve the Froom Ranch project, including all related entitlements, consisting of the Froom Ranch Specific Plan, General Plan Amendment, pre-zoning the site in anticipation of annexation, Vesting Tentative Tract Map #3106; and 3) initiate an annexation application to the San Luis Obispo Local Agency Formation Commission (LAFCO); and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on September 15, 2020 via a virtual, online, meeting platform, for the purpose of considering SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, and EID-0738- 2019, which include entitlements consistent with the Planning Commission recommendation of August 12, 2020, including a Specific Plan that would allow up to 578 residential units, up to 100,000 square feet of commercial/retail, a 3.6-acre public trailhead park, and 66.2 acres of open space on a 109.7-acre site; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to certify the Final Environmental Impact Report (EIR), and approve the Froom Ranch Specific Plan, General Plan Amendment/Pre-zoning, and Vesting Tentative Tract Map (“Froom Ranch Specific Plan Project”), and upon project approval, initiate the annexation process. This resolution is based on the following California Environmental Quality Act (CEQA) findings, mitigation measures, and map conditions, with associated annexation findings: SECTION 1. CEQA Findings, Mitigation Measures and Mitigation Monitoring Program. Based upon all the evidence, the City Council makes the following CEQA findings in support of the Froom Ranch Specific Plan project. Item 9 Packet Page 7408973 Resolution No. _____ (2020 Series) Page 2 R ______ 1. The Froom Ranch Specific Plan Final Environmental Impact Report (Final EIR) was prepared in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adequately addressing impacts associated with the project. 2. The project is a slight variation of Final EIR Alternative 1, and was adequately analyzed in the Final EIR, which includes a comprehensive analysis of the originally-proposed project (which included development above the 150-foot elevation line, including residential development in the northwestern corner of the project site) and Alternative 1 (which included development of a public park and incorporation of relocated, restored, and rehabilitated historic structures in the northwestern corner of the project site). In Residents Against Specific Plan 380 v. County of Riverside (9 Cal.App.5th 941), the California Court of Appeals (Fourth Appellate District – Division Two) held that changes to the allocation and arrangement of uses within a specific plan area that don’t change the kinds of uses permitted, or the overall extent or density of the proposed development, or the project footprint, did not require revision and recirculation of the EIR when substantial evidence was provided that the changes would not result in any new or more severe environmental impacts that were not previously identified in the EIR. The project is a reduced project alternative that, like Alternative 1, would substantially reduce potential environmental impacts in comparison to the originally proposed project. The project’s incorporation of identified mitigation measures would further reduce potential environmental impacts in comparison to Alternative 1. The limited development proposed above 150 feet is less than that proposed in the originally proposed project and includes uses (the public trailhead park) that the EIR determined would avoid and reduce environmental impacts when compared to the original project. In addition, as presented in the CEQA Findings of Fact and Statement of Overriding Considerations (Exhibit A) and Mitigation and Monitoring Program (Exhibit B), identified mitigation measures have been modified in order to be specifically appliable to the proposed project and its effects on the environment. Based on substantial evidence in the Final EIR and “Findings of Fact and Statement of Overriding Considerations”, the modified measures are equal or more effective because they apply to the proposed project. These measures have been available for public review through a public hearing process. Therefore, the project would not result in new or more severe impacts not previously analyzed in the EIR and additional evaluation is not necessary to meet the requirements of CEQA. 3. The proposed project is consistent with the requirements of the Froom Ranch Specific Plan Final EIR as proposed based on the CEQA Findings and Statement of Overriding Considerations, attached hereto as Exhibit A, and prepared consistent with CEQA Guidelines Sections 15091 and 15093, and this approval incorporates those Final EIR mitigation measures as applicable to Vesting Tentative Map #3106, as detailed below, and described more fully in the attached CEQA Findings of Fact and Statement of Overriding Considerations (Exhibit A) and Mitigation, Monitoring, and Reporting Program (Exhibit B). 4. All potentially significant effects were analyzed adequately in the referenced Final EIR, and reduced to the extent feasible, provided identified mitigation measures are incorporated into the project and the mitigation monitoring program (refer to Exhibit B, Mitigation Monitoring and Reporting Program). Item 9 Packet Page 7508974 Resolution No. _____ (2020 Series) Page 3 R ______ SECTION 2. Specific Plan, General Plan Amendment/Pre-zoning, and Vesting Tentative Tract Map Approval with Findings and Conditions. The City Council does hereby certify the Froom Ranch Specific Plan Final EIR and approve the project, inclusive of applications SPEC- 0143-2017, SBDV-0955-2017, GENP-0737-2019, EID-0738-2019, a Specific Plan, General Plan Amendment/Pre-zoning, Vesting Tentative Tract Map, and Final EIR, based on the following findings, and subject to the following conditions: Findings: 1. The project area was identified as one of three Specific Plan areas designated for development when the General Plan Land Use and Circulation Elements update was adopted by the City Council in December 2014 (Specific Plan Area 3, Madonna on LOVR). The Froom Ranch Specific Plan was prepared to implement this aspect of the General Plan. 2. The Froom Ranch Specific Plan is substantially consistent with policy direction for the area included in the General Plan, specifically Land Use Element Policy 8.1.5, which identifies the Froom Ranch area as Special Focus Area (SP-3), subject to policies for the development of a specific plan and certain broad development parameters and principles, and as amended by the General Plan Amendment to reflect incorporation of a life plan community within the Specific Plan area. The Specific Plan is consistent with Policy 8.1.5 because the project proposes compact development limited primarily to the lower portions of the site, including substantial opportunities for multi-family housing within Madonna Froom Ranch. The project also provides limited commercial/retail uses and increased connectivity to adjacent commercial uses to support onsite residential uses. The project would also develop substantial on- and off-site pedestrian and bicycle facilities as described in the Final EIR. 3. The General Plan Amendment/Pre-zoning allows the implementation of the Froom Ranch Specific Plan by: a. Updating the City’s Land Use Map to reflect the development pattern included in the Specific Plan; b. Updating the City’s Circulation Map to reflect the circulation system included in the Specific Plan; c. Updating the relevant portions of the General Plan to update statistical data related to land use acreage and long-term buildout potential; and d. Providing the pre-zoning information needed for the Local Agency Formation Commission (LAFCo) to consider annexation of the site to the City, which is a prerequisite for allowing development on the site under the City’s General Plan. 4. The Specific Plan is substantially consistent with Land Use Element Policies 6.4.1 and 6.4.7 (Hillside Planning Areas, Irish Hills) and Land Use Element Policies 1.4 (Urban Edges Character), 1.8.5 (Building Design and Siting), 2.3.7 (Natural Features), and Conservation and Open Space Policies 8.3.1 (Open Space within an Urban Area), 8.3.2 (Open Space Buffers), and 9.2.1 (Views to and from Public Spaces, including Scenic Roadways) because development is concentrated in the lower area of the site, below the 150-foot development limit line on a majority of the site, which would result in the Item 9 Packet Page 7608975 Resolution No. _____ (2020 Series) Page 4 R ______ avoidance of sensitive habitats, and minimize potential effects on scenic, biological, and cultural resources, avoid grading activities on the steeper portions of the project site, and would place sensitive biological and cultural resources within designated open space. Development above the 150-foot elevation line in the northwest corner of the site would be substantially consistent with these General Plan policies because it would be limited to a public trailhead park, which would incorporate relocated and restored/rehabilitated historic structures (low impact uses that would support the functions of the open space), and limited (0.7 acre) residential uses; in addition, the subject area is currently operated as an active quarry and construction storage area, and does not support any sensitive habitats, vegetation, or cultural resources. 5. The Specific Plan is consistent with all other applicable General Plan policies as described and analyzed in the Planning Commission Agenda Report (dated August 12/13, 2020) and as discussed further in the Final EIR. 6. As conditioned, the Vesting Tentative Tract Map is consistent with the General Plan because it is consistent with the Froom Ranch Specific Plan, it results in the avoidance of sensitive environmental resources within the upper elevations of the site, will result in the addition of senior and multi-family housing units within the City, will allow for commercial development near Los Osos Valley Road, and would provide needed infrastructure, roadway, bicycle facility, and public park amenities identified in the City’s General Plan. 7. Implementation of the Specific Plan and Vesting Tentative Tract Map will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions of approval and mitigation measures require primary and emergency access improvements, and comprehensive plans related to wildfire risk and emergency response as documented in the Final EIR. The building areas would not be located within the legally required fault setback zone and would avoid the steeper areas of the project site. 8. The Airport Land Use Commission found the Specific Plan consistent with the Airport Land Use Plan, as conditioned. 9. Development will occur consistent with the Vesting Tentative Tract Map and the required architectural review process, which will allow for detailed review of development plans to assure compliance with City plans, policies, standards, and design guidelines. 10. As conditioned, the design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision, and the project is consistent with the pattern of development prescribed in the Froom Ranch Specific Plan. 11. The project will provide affordable housing within the Specific Plan area consistent with the intent of California Government Code Section 65915, and in compliance with City policies and the Housing Element. Item 9 Packet Page 7708976 Resolution No. _____ (2020 Series) Page 5 R ______ 12. The proposed treatment of the historic resources contributing to the significance of the Froom Ranch Dairy Complex is consistent with General Plan policies pertaining to cultural resources, because the 2020 Draft Specific Plan proposes to relocate and reconstruct/rehabilitate four individually significant structures into the trailhead park for adaptive reuse: the Main Residence, Dairy (Round-Nose) Barn, Creamery/House, and Granary. The Dairy (Round-Nose) Barn would be relocated outside of an underlying fault line. The three structures that will be demolished are contributors to the Froom Ranch Dairy Complex but are not individually significant. All historic structures within the Froom Ranch Dairy Complex would be documented per Secretary of the Interior standards prior to removal or relocation, and the adopted Mitigation Monitoring and Reporting Program requires such documentation to be made permanently available to the public. Denial of the application would constitute an economic hardship because the applicant will invest in the relocation, rehabilitation, and restoration of four of the seven structures contributing to the Complex such that they will be incorporated into a public park located within the Specific Plan area and utilized by the City and the public, and as the three structures proposed for demolition are not individually significant, restoration or rehabilitation of these three structures is impractical. 13. The existing Open Space and Agricultural Conservation Easement is subject to and consistent with the promises, covenants, and conditions identified in the easement, and may be amended with the written consent of the property owner and the City. The Easement document states that “The Easement Area may be used for wetland and biological resource mitigation banking. As used herein, mitigation banking means the restoration, creation, enchantment [sic] [enhancement] and/or preservation of wetlands and/or biological resources, for the purpose of providing compensation mitigation as a result of impacts to similar resources.” The Easement Agreement also allows for “subsequent conservation easements on the Easement Area, provided that such subsequent easements are for the purpose of wetland, wildlife habitat or biological resource creation, enhancement or preservation.” As proposed the amendment is consistent with the purposes of the Easement Agreement because it would increase the overall size of the Easement Area from 7.1 to 7.8 acres, the proposed area includes similar underlying soils, vegetation, and wetlands as existing within the current Easement, and the amendment would result in the preservation of these 7.8 acres for wetland habitat, wildlife habitat, prime agricultural soils/land (as defined by the San Luis Obispo County, Local Agency Formation Commission), and open space. 14. The Vesting Tentative Map, as conditioned, will comply with all environmental mitigation measures prescribed herein, and therefore is consistent with the California Environmental Quality Act, as implemented through the Froom Ranch Specific Plan Final EIR. Item 9 Packet Page 7808977 Resolution No. _____ (2020 Series) Page 6 R ______ Vesting Tentative Tract Map Conditions: 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. Community Development, Planning Division 1. At the time of submittal of a request for approval of a final map, the subdivider shall provide a written report detailing the methods and techniques employed for complying with these conditions of approval and the mitigation measures imposed upon certification of the Environmental Impact Report for the Project. 2. The applicant shall comply with the mitigation measures identified in the adopted Mitigation, Monitoring, and Reporting Program (Exhibit B). Upon submittal of the Final Map, and all subsequent entitlements, the applicant shall submit a matrix demonstrating compliance with the Mitigation, Monitoring, and Reporting Program (Exhibit B). 3. The proposed relocation and rehabilitation/reconstruction of the Froom Ranch historic buildings shall be completed in conformance with the Final EIR Mitigation, Monitoring, and Reporting Program. Prior to any grading or commencement of any construction activities for infrastructure or building construction, a security and protection plan shall be submitted and approved to the satisfaction of the Community Development Director. The plan shall detail methods to prevent trespassing and removal of any building materials. Prior to any grading or commencement of any construction activities for infrastructure or building construction, a relocation plan prepared or reviewed by a qualified historic architect shall be submitted for review and approval by the Community Development Director. The plan shall include, but not be limited to: identification of the methods and measures to relocate buildings and materials; measures to ensure secure and weather-proof storage of materials to be retained for incorporation into the relocated, restored, and rehabilitated historic structures; and an inventory process to document treatment of materials. 4. Prior to final map, County of San Luis Obispo Avigation easements shall be recorded for each parcel within the development. 5. Prior to the recording of the final map, the applicant shall enter into and record an Affordable Housing Agreement with the City, detailing the timing of construction of affordable units on-site, and with guarantees to ensure timely delivery of all of the required affordable housing units or dedication of real property consistent with Section 2.3 of the Froom Ranch Specific Plan. Subsequent Affordable Housing Agreements, or an amended Agreement, may be required upon further subdivision of the Madonna-Froom portion of the project site. 6. Pursuant to Government Code § 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/ or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this map and its related approvals, and all actions Item 9 Packet Page 7908978 Resolution No. _____ (2020 Series) Page 7 R ______ relating thereto, including but not limited to environmental review. The City shall promptly notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the defense. If the city fails to promptly notify the subdivider of any claim, action, or proceeding, or to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify, or hold the City harmless. 7. This map is conditioned upon the annexation of the property to the city and this approval shall not be effective until annexation of the property to the city has been completed. If the annexation is not completed within one year of the date the City Council approves the map or following any agreed extension in writing, then the approval of the map shall be null and void. Consequently, no final or parcel map may be filed until the Project site is annexed to the city. 8. The residential density for the project site is limited to 630 dwelling units. The non- residential density for the project site is limited to 750 persons. The maximum building coverage for the project site is limited to 20%. 9. Construction plans for proposed structures shall be submitted via Federal Aviation Agency (FAA) Form 7460-1 to the Air Traffic Division of the FAA regional office having jurisdiction over San Luis Obispo County at least 45 days before proposed construction or application for a building permit, to determine compliance with the provisions of FAR Part 77. The applicant shall also coordinate with the FAA on potential structural encroachments into the glidescope critical areas as shown on the draft Airport Layout Plan. 10. All extremely and moderately noise-sensitive land uses on the Project site shall include noise mitigation as required by the Airport Land Use Plan. 11. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in nature shall constitute an obstruction to air navigation or a hazard to air navigation, as defined by the Airport Land Use Plan. 12. Any use is prohibited that may entail characteristics which would potentially interfere with the takeoff, landing, or maneuvering of aircraft at the Airport, including: • creation of electrical interference with navigation signals or radio communication between the aircraft and airport; • lighting which is difficult to distinguish from airport lighting; • glare in the eyes of pilots using the Airport; • uses which attract birds and create bird strike hazards; • uses which produce visually significant quantities of smoke; and • uses which entail a risk of physical injury to operators or passengers of aircraft (e.g., exterior laser light demonstrations or shows). 13. Avigation easements shall be recorded for each property developed within the area included in the proposed local action prior to the issuance of any building permit or conditional use permit. Item 9 Packet Page 8008979 Resolution No. _____ (2020 Series) Page 8 R ______ 14. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 15. Prior to issuance of any grading permits the project proponent shall provide that for every one (1) acre of prime farmland (as defined by the San Luis Obispo County Local Agency Formation Commission [LAFCO]) on the site that is permanently converted to non- agricultural use as a result of project development, one (1) acre of land of comparable agricultural productivity shall be preserved in perpetuity. The acreage required to meet the 1:1 ratio may be met by on or off-site agricultural conservation easement/deed restriction(s), as long as this land meets the conditions outlined in this measure and meets the intent of LAFCO policies. Said mitigation shall be satisfied by the applicant through: a. Granting a perpetual conservation easement(s), deed restriction(s), or other farmland conservation mechanism(s) to the City or qualifying entity which has been approved by the City, such as the Land Conservancy of San Luis Obispo, for the purpose of permanently preserving agricultural land. The land covered by said on and/or off-site easement(s) or deed restriction(s) shall be located within or contiguous to the City’ s Urban Reserve Line or Greenbelt subject to review and approval of the City’ s Natural Resources Manager; or b. Making an in-lieu payment to a qualifying entity which has been approved by the City, such as the Land Conservancy of San Luis Obispo, to be applied toward the future purchase of compensatory agricultural land in San Luis Obispo County, together with an endowment amount as may be required. The payment amount shall be determined by the qualifying entity or a licensed appraiser; or c. Making an in-lieu payment to a qualifying entity which has been approved by the City and that is organized for conservation purposes, to be applied toward a future perpetual conservation easement, deed restriction, or other farmland conservation mechanism to preserve compensatory agricultural land San Luis Obispo County. The amount of the payment shall be determined by the qualifying entity or a licensed appraiser; or d. Any combination of the above. Community Development, Engineering Division 15. Secondary access is required from all portions and/or phases of the subdivision where more than 30 dwelling units are proposed. The location and development of the proposed secondary access shall be presented to the City for review and approval prior to the preparation of the related improvement plans or final map approval for each subsequent map or construction phase. Any temporary or permanent emergency access location, construction, and controls shall be in accordance with the Fire Code, City Engineering Standards, and shall be approved to the satisfaction of the Fire Depa rtment and Public Works Department. Item 9 Packet Page 8108980 Resolution No. _____ (2020 Series) Page 9 R ______ 16. Fire Department access shall be provided for each building construction phase to the satisfaction of the Fire Chief. Phased street construction shall consider and provide suitable Fire Department hydrant access, circulation routes, passing lanes, and turn-around areas in accordance with current City codes and standards. 17. Access controls for the Emergency Vehicle Access roadway shall be approved to the satisfaction of the Fire Department and Transportation Division of Public Works. The use of bollards for the entire access width may not be supported. The controls may need to be set back from the roadway and/or may require an automatic activation system. 18. All public streets shall conform to City Engineering Standards and the Specific Plan, including curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City Engineer. Where conflicts occur between the City Engineering Standards and concepts identified in the specific plan and/or represented on the tentative map, the City Engineer shall make the final determination of design approval and/or exceptions. 19. All subdivision improvements shall be consistent with the City Engineering Standards except where the applicant has requested and been granted a formal design exception by the City Engineer. Design exceptions shall be requested in a format approved by the City and shall be accompanied by the required application and review fee. The applicant shall summarize the need for the request, alternatives, and may be asked to propose final construction details, specifications, and minimum construction tolerances/testing for review and approval by the City Engineer in support of the request. The request shall be approved by the City Engineer prior to submittal of complete public improvement plans. 20. Final street sections shall be approved in conjunction with the review and approval of the final project drainage report. The final design shall consider drainage, transitions, and accessibility. 21. Final roundabout geometry shall be consistent with applicable engineering standards, design guidelines, and shall accommodate design vehicle turning movements consistent with City Engineering Standards. 22. Any required or proposed on-site traffic calming elements shall be designed and installed by the project applicant. The subdivision is not eligible for future participation in the City’s Neighborhood Traffic Management Program. 23. The improvement plans shall include a line-of-sight analysis at applicable intersections to the satisfaction of the Public Works Department. Fence heights and plantings in the areas of control shall be reviewed in conjunction with the analysis. A separate recorded agreement or Notice of Requirements for private property owner, HOA, or property owner association responsibility for the maintenance of sight lines may be required as a condition of the City Engineer's approval of the development plans. Item 9 Packet Page 8208981 Resolution No. _____ (2020 Series) Page 10 R ______ 24. The subdivision improvement plans shall include full on-site and any off-site public and private improvements as required to satisfy all mitigation measures, specific plan requirements, and conditions of approval. The plans shall comply with the City Engineering Standards, Bicycle Transportation Plan, Community Design Guidelines, Caltrans Highway Design Manual, Specific Plan, National Association of City Transportation Officials (NACTO) design guidance, City policies, and applicable County of San Luis Obispo Public Improvement Standards. 25. Depending upon the timing of the proposed Caltrans relinquishment at Los Osos Valley Road and Calle Joaquin, a separate plan and permit may be required from Caltrans for work, construction staging or temporary traffic control that encroaches within the Caltrans rights-of-way. Said plans, if required, shall be provided to the City of San Luis Obispo for review and approval of consistency with the project mitigation measures, conditions of approval, future project entitlements, Specific Plan, and conformance with the subdivision improvements. 26. If an off-site dedication/acquisition of property for public right-of-way purposes is necessary to facilitate orderly development and the anticipated project improvements, the subdivider shall work with the City and the landowner(s) to acquire the necessary rights-of-way. In the event the subdivider is unable to acquire said rights-of-way, the City Council may consider lending the subdivider its powers of condemnation to acquire the off-site right-of-way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off-site right-of-way acquisition (including attorney fees and court costs). 27. With respect to all off-site improvements, prior to filing of the Final Map, the subdivider shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or, b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and request that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462.5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the subdivider shall submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California; ii. Preliminary title report including chain of title and litigation guarantee; Item 9 Packet Page 8308982 Resolution No. _____ (2020 Series) Page 11 R ______ iii. Appraisal of the property by a City-approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so; iv. Copies of all written correspondence with off-site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. v. Prior to submittal of the aforementioned documents for City Engineer approval, the subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 28. Detailed plans shall be provided for any off-site or out-of-phase improvements in conjunction with the proposed development phasing plans and timing of mitigation requirements, unless preliminary or final designs are needed for orderly development and/or to substantiate the design of an adjoining phase. 29. Any jurisdictional permits from authorities other than the City, including but not limited to, those from the Army Corps of Engineers, California Fish and Wildlife Service, and the Regional Water Quality Control Board shall be obtained prior to the City's approval of improvement plans and the Developer's commencing with work for any construction phase subject to the jurisdiction of such regulatory agencies. 30. The final map shall show and note an offer for street purposes for the existing improved section of Calle Joaquin noted as Lot 4 on the tentative map. The final map numbering shall be adjusted accordingly. 31. The limits of the public and private streets shown on the final map and improvement plans shall be approved to the satisfaction of the Public Works Director. 32. The proposed park shall be dedicated to the City in fee. Unless otherwise approved by the City for deferral, Park in -lieu fees shall be paid in conjunction with the map recordation. If approved for deferral for some or all of the subdivision, a separate agreement or Notice of Requirements shall be recorded prior to map recordation. 33. Access rights shall be offered for dedication to the City of San Luis Obispo along Los Osos Valley Road and all on-site public streets (Commercial Collector A, Local Road A) except at approved driveway locations. 34. The final map shall show and note all existing and proposed easements, the extinguishment of any public easements. The map shall show the proposed street tree and Public Utility Easements (PUE’s) for reference. Additional public pedestrian easements may be required at curb ramps, landings, and ADA sidewalk extensions. Item 9 Packet Page 8408983 Resolution No. _____ (2020 Series) Page 12 R ______ 35. The limit of public trails and paths, private path easements, or areas defined as project private amenities, and the maintenance of the same shall be approved to the satisfaction of the Public Works and Community Development directors prior to map recordation and approval of the subdivision improvement plans. 36. Separate Open Space and Creek or Biological Easement Agreement(s) shall be recorded in conjunction with the final map recordation. The easement agreement(s) shall be developed by the applicant in a format provided by the City. 37. Unless covered in other agreements, a separate wildland fuel management/reduction zone plan and easement agreement will be required in conjunction with the map subdivision improvement plan approvals. 38. The final map and improvement plans shall include all subdivision boundary, property corner, and centerline monumentation in accordance with the Subdivision Regulations and City Engineering Standards. Unless specifically waived by the Public Works Director, the map and improvement plans shall include additional monumentation for benchmark(s) in accordance with the City Engineering Standards and City’s Vertical Control Network (benchmark program). 39. All landscape parkways shall be privately maintained by the property owner, HOA, or Property Owner Association. Unless otherwise approved by the Public Works Director, the limited landscape and landscape irrigation required for the medians and roundabout shall be privately maintained. 40. The final grading and drainage plans and project reports shall show and note compliance with the project environmental documents, Specific Plan, and any additional requirements or conditions established with any jurisdictional permits. 41. The final grading plans, reports, and cross-sections shall clarify the limits of low-flow (2- year event) containment within the realigned and/or enhanced Froom Creek Channel sections. The plans and reports shall further clarify the extent and limit of stormwater overflows for events exceeding the 2-year design storm. Additional cross-sections may be required on the final improvement plans to clarify the limits. 42. The grading plans shall provide additional detail interface between all new areas of grading and the existing channels, swales, drainages, roadways, driveways, and building pads. The plans and report shall evaluate all areas of potential run-on along the tract boundary. The project plans shall show and note how all run-on will be accepted, conveyed, and discharged in a non-erosive manner. 43. The project and report shall show and note compliance with the City’s Floodplain Management Regulations, Drainage Design Manual (DDM), and the Post Construction Stormwater Regulations. The final plans and reports shall clarify how the peak management stormwater control measures (SCM’s) for the 2 through 10-year storm events will drain within 48 hours to provide for peak management in back to back storm events in Item 9 Packet Page 8508984 Resolution No. _____ (2020 Series) Page 13 R ______ accordance with the DDM. The City supports the design and recognition that the Calle Joaquin culvert will provide outlet controls and peak management for the development. The final plans and reports shall include a stage vs storage summary and additional clarification of the water surface elevations for all design storms at critical river stations. 44. The final map shall include an additional map sheet showing the existing and/or proposed 100-year flood zone limits in accordance and an approved CLOMR or LOMR in accordance with the Subdivision Regulations. The final map shall include reference to the project soils report. 45. The required CLOMR shall be approved prior to commencing with any potentially adverse grading. The LOMR shall be processed and approved within 6 months of the completion of the proposed grading and prior to building permit issuance unless otherwise specifically approved by the Public Works and Community Development directors. 46. The subdivision improvement plans, and subsequent building plans, shall show that the building pads will be elevated at least 1’ above the base flood elevation (BFE). 47. Separate notification of review and approval of the drainage report and strategy by Caltrans may be required if it is determined that the project improvements may impact their rights- of-way. 48. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading or excavations result in land disturbance of one or more acres. Storm water discharges of less than one acre, but which is part of a larger common plan of development or sale, also requires a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Regional Water Quality Control Board. An application is required to the State Board under their Stormwater Multi-Application, Reporting, and Tracking System (SMARTS). 49. The subdivision improvement plan submittal shall show compliance with the Post Construction Stormwater Requirements as promulgated by the Regional Water Quality Control Board. The submittal shall include a complete Post Construction Stormwater Control Plan Template as available on the City’s Website. 50. An operations and maintenance manual will be required for the post construction stormwater improvements. The manual shall be provided at the time of improvement plan submittal and shall be accepted by the City prior to approvals. A private stormwater conveyance agreement will be required and shall be recorded prior to approvals. 51. The drainage report and stormwater control plans shall clarify the limits and extent of water quality and water quantity controls. If additional treatment will be required for the proposed individual development sites, a Notice of Requirement shall be recorded in conjunction with the map recordation to define the future development requirements. Item 9 Packet Page 8608985 Resolution No. _____ (2020 Series) Page 14 R ______ 52. This project is considered a common plan and the single-family residential exceptions will not apply to this subdivision or subsequent re-subdivision of the Froom Ranch residential development areas of the Specific Plan. 53. Stormwater SCM’s shall be maintained by the property owner, HOA, or property owner association. Any SCM’s or appurtenances proposed for location within a public right -of- way shall first be approved by the Public Works Director. If supported, a separate encroachment agreement shall be recorded in a format approved by the City. 54. A separate encroachment agreement will be required for any private improvements that have been specifically approved to cross within, under, or over the existing or proposed public rights-of-way. 55. The proposed development on this site has the potential to intercept subsurface or spring water. The constant flow of spring water to the street may create a nuisance. All wall drains and French drains for any site retaining walls and foundation retaining walls shall outlet to a natural drainage course, open space, or storm drain system where feasible. Where infeasible, an engineered dry well or other suitable outlet may be required. Provide a non- erosive outlet as necessary. Surface runoff from storm events may be directed to the public street. 56. The future development including basements or subsurface improvements may intercept standing and/or seasonal groundwater. Additional analysis may be required regarding any specific impacts related to temporary or permanent dewatering, impacts on the wetlands, subsidence, or the diversion of subsurface waters. The project soils report should include some preliminary analysis in conjunction with the subdivision improvement plan submittal. A Notice of Requirements may be required in conjunction with the map recordation. 57. The subdivider shall install public street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and luminaires along all existing and proposed City streets, including along the Los Osos Valley Road project frontage, per City Engineering Standards. Pedestrian-scale lighting shall be provided on public streets and trails consistent with the Specific Plan and to the satisfaction of the City Engineer. 58. Private street lighting may be provided along the private streets/alleys/parking areas, pocket parks, and linear parks per City Engineering Standards and/or as approved in conjunction with the final Architectural Review Commission (ARC) approvals. 59. Existing overhead wire services shall be undergrounded along Los Osos Valley Road. The undergrounding shall terminate at existing underground utility points of connection unless otherwise specifically approved by the Public Works Director. The undergrounding shall be accomplished without a net increase in utility poles. 60. Street trees are required as a condition of development. Street trees shall generally be planted at the rate of one 15-gallon street tree for each 35 lineal feet of property frontage. Landscape plans may include grouping of trees to vary this standard to honor site/public improvements, achieve visual variety, or to honor line-of-sight corridors within the subdivision. Item 9 Packet Page 8708986 Resolution No. _____ (2020 Series) Page 15 R ______ 61. The public improvement plans shall provide a final analysis of the trees to be removed and trees to be retained. The existing trees located along or across the tract boundary, within areas of utility work, and/or within vacant lots proposed for future development shall be specifically identified in those plans as removed or retained. The plan/map submittals shall include a tree preservation plan and/or notice of requirements attached to the final map. Trees not previously noted and approved for removal shall be retained unless otherwise specifically approved for removal by the City. A tree preservation plan shall be provided by a Certified Arborist and approved by the City for any trees to remain or to be relocated. 62. Improvement plans for the entire subdivision, including any off-site improvements shall be approved to the satisfaction of the Public Works Department, Utilities Department, and Fire Department prior to map recordation. Off-site improvements may include but are not limited to roadways, sewer mains, water mains, recycled water mains, and storm drain improvements. Off-site improvements may include off-site access roadways, transportation improvements, and utility system improvements. 63. A separate demolition permit will be required from the Building Division for the removal of any existing structures and related infrastructure. Building removals are subject to the Building Demolition Regulations including the additional notification and timing requirements for any structure over 50 years old. 64. A separate building permit will be required for building relocations and associated site, grading, and utility service connections. 65. The improvement plans shall clearly show all existing structures, site improvements, utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include any water well and private waste disposal systems that are located within regulated distances to the proposed drainage and utility improvements. The plan shall include the proposed disposition of the improvements and any proposed phasing of their demolition and removal. 66. The improvement plan submittal shall clarify whether any water well(s) to remain will be temporary for construction or will be retained. Retained water wells shall show compliance with all City and State regulations. If retained, specific or blanket easements will be required for the well site, services, appurtenances, tanks, and piping. The well and any service lines will need to show the required separations from existing and proposed infrastructure and drainageways. 67. The map and improvement plans shall show and clarify the extent of all existing and proposed public and private easements. The developer shall provide any additional clarification regarding the use and disposition of any water wells. Any private water well service piping that crosses or is proposed to cross an existing or future public right-of-way shall be approved by the City and shall be covered by an Encroachment Agreement to be recorded in a format approved by the City. The developer shall provide any additional clarifications, amendments, and/or quitclaims on any outstanding private easement agreements, as necessary. Item 9 Packet Page 8808987 Resolution No. _____ (2020 Series) Page 16 R ______ 68. Street paving shall be phased in accordance with City Engineering Standard 7110 unless unphased construction is otherwise specifically approved by the City Engineer. Phased construction of the new street pavement shall provide for the ultimate structural street section and pavement life per the City's Pavement Management Plan and City Engineering Standards. The engineer of record shall detail the phased paving requirement in the public improvement plans to the satisfaction of the City Engineer. 69. Separate utilities shall be provided to each lot in accordance with the Subdivision Regulations. The applicant shall clarify whether gas service is proposed within this subdivision. The elimination of gas service to any individual lot or portions of the subdivision must be approved through the City’s Design Exception process in conjunction with the subdivision improvement plan submittal. 70. The improvement plan submittal shall include a complete construction phasing plan in accordance with the mitigation measures, conditions of approval, City codes, and standards. A truck circulation plan and construction management and staging plan shall be included with any demolition, stockpile, grading, or improvement plan submittal. General truck routes shall be submitted for review and acceptance by the City. The engineer of record shall provide a summary of the extent of cut and fill with estimates on the yards of import and export material. The summary shall include rough grading, utility trench construction, road construction, AC paving, concrete delivery, and vertical construction loading estimates on the existing City of San Luis Obispo roadways. The developer shall either: 1) complete roadway deflection testing before and after construction to the satisfaction of the City Engineer and shall complete repairs to the pre-construction condition, or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards and guidelines, or 3) shall propose a pavement repair/replacement program satisfactory to the City Engineer. The roadway impacts analysis and mitigation strategy shall be approved prior to commencing with grading or construction. 71. The public and private subdivision improvements shall be completed or substantially complete to the satisfaction of the Public Works and Community Development directors prior to building permit issuance for new structures in accordance with the Subdivision Regulations. The proposed historic building relocations are required to support the entitlements and subdivision improvements and are not subject to these permit limitations. The improvement plans shall be approved or substantially approved prior to building relocations to establish final line and grade. 72. Retaining wall and/or retaining wall/fence combinations along property lines shall be approved to the satisfaction of the Planning Division and shall conform with the zoning regulations for allowed combined heights or shall be approved through the Architectural Review Commission (ARC), Specific Plan, or separate Fence Height exception process as dictated by the City Zoning Regulations. Item 9 Packet Page 8908988 Resolution No. _____ (2020 Series) Page 17 R ______ 73. The ARC plans and public improvement plans shall show the location of the proposed mail receptacles or mailbox units (MBUs) to the satisfaction of the Postmaster and the City Engineer. The subdivider shall provide a mailbox unit or multiple units to serve all dwelling units within this development as required by the Post Master. MBUs shall not be located within the public right-of-way or public sidewalk area unless specifically approved by the City Engineer. Contact the Post Master at 805-543-2605 to establish any recommendations regarding the number, size, location, and placement for any MBUs to serve the several neighborhoods and occupancies. 74. Porous concrete, pavers, or other surface treatments as approved by the City Engineer shall be used for private parking areas, V-gutters, private curb and gutter, etc. to the extent feasible within the over-all drainage design for water quality treatment/retention in accordance with the specific plan and General Plan. Fire Department 75. Prior to recordation of the Final Map, the applicant shall provide a Community Fire Protection Plan pursuant to Mitigation Measure MM HAZ-2, for review and approval by the City Fire Marshal and City Natural Resources Manager. The vegetation fuel buffer management zone shall be delineated on the Final Map. Vegetation Management/Fuel Modification areas shall be maintained in an approved manner. 76. Where gates or barricades are placed on a fire access road or Emergency Vehicle Access they shall be secured in an approved manner. Electronic gates shall be openable by a Knox key switch, manual gates or barriers shall only require one lock to open. 77. Needed Fire Flow and all-weather access roads shall be installed and available prior to start of combustible construction. Transportation 78. Unless a design exception is approved by the Public Works Director, the Final Map and public improvement plans shall conform to City adopted Engineering Standards, Engineering Specifications, Policies and Plans. 79. Project construction and infrastructure shall be completed in the sequential phase order as evaluated in the Froom Ranch Specific Plan, Final EIR and Transportation Impact Study, or as agreed to between the City and Developer. If phasing is modified, amendments to the Specific Plan, Transportation Impact Study, and EIR may be required. 80. Los Osos Valley Road Class IV Bikeways. Unless otherwise approved by the Public Works Director, prior to issuance of any occupancy permits for the first development phase, the subdivider shall design and construct Class IV bikeways (protected bike lanes) along Los Osos Valley Road in the southbound direction between Diablo and South Higuera and in the northbound direction between South Higuera and Madonna and between Laguna Lane and Diablo. Bikeway improvements between Calle Joaquin and Froom Ranch Way shall be substantially consistent with the preferred design concept approved by the City Council for the Bob Jones Trail (Calle Joaquin to Oceanaire) Connection Project and Item 9 Packet Page 9008989 Resolution No. _____ (2020 Series) Page 18 R ______ may be eligible for Citywide traffic impact fee credits for eligible construction costs. Bikeway designs shall be consistent with applicable design guidance as published by the National Association of City Transportation Officials (NACTO), the Federal Highway Administration (FHWA), Caltrans and City Engineering Standards. Physical bikeway separation shall be provided by elevating the bikeway to an intermediate or sidewalk level, or through installation of a concrete curb/median between the bikeway and motor vehicle traffic. Green pavement coloring shall be provided at intersection and driveway conflict points. If Class IV bikeways are not approved for segments within Caltrans right-of-way, or are deemed infeasible for short segments due to other geometric constraints, alternative treatments to improve bicycle and pedestrian levels of service may be approved to the satisfaction of the Public Works Director. Potential alternative treatments include installation of striped bike lane buffers, street trees, rumble strips/stripes, or other features that further buffer active transportation users from street traffic. 81. Los Osos Valley Road & Auto Park Way. Prior to issuance of any occupancy permits for the first development phase, the subdivider shall design and construct intersection improvements and install a traffic signal at Los Osos Valley Road & Auto Park Way. The intersection shall be designed as a bicycle protected intersection as conceptually shown in the Bob Jones Trail (Calle Joaquin to Oceanaire) Connector Project Study Report and consistent with design best practices published by Caltrans, NACTO, FHWA and AASHTO. Intersection lane configurations and design elements shall be consistent with recommendations presented in the Specific Plan EIR and Transportation Impact Study and City Engineering Standards, including provision of ADA-compliant curb ramps, street lighting, pedestrian median refuges, corner bulbouts and high-visibility crosswalk markings. Traffic signal installation costs may be eligible for Los Osos Valley Road subarea add-on transportation impact fees. The new traffic signal shall include all equipment and appurtenances necessary for intended operation per City Standard Specifications and Engineering Standards, including but not limited to, green powder coated equipment, new controller and cabinet, comm. block for communications, electrical service enclosure with battery backup system, video detection system with video encoder and wireless radio, and accessible pedestrian signals. The new traffic signal shall be interconnected with the adjacent traffic signals along Los Osos Valley Road. 82. Los Osos Valley Road Median. Prior to issuance of any occupancy permits for the first development phase, the subdivider shall design and construct a raised median island along Los Osos Valley Road between the existing median fronting Irish Hills Plaza to Calle Joaquin. The median design shall include landscaping and irrigation per City Standards and shall accommodate openings for left-turn access to the satisfaction of the Public Works Director. 83. Los Osos Valley Road Sidewalks. Prior to issuance of any occupancy permits for the first development phase, the subdivider shall design and construct ADA-compliant sidewalks and pedestrian ramps along the west side of Los Osos Valley Road to provide a continuous path of travel between the existing sidewalk fronting Irish Hills Plaza and Calle Joaquin. Item 9 Packet Page 9108990 Resolution No. _____ (2020 Series) Page 19 R ______ 84. Traffic Calming. Public improvement plans shall include traffic calming along Local Road A consistent with the project EIR mitigation requirements and to the approval of the Public Works Director. The subdivision is not eligible for future participation in the City’s Neighborhood Traffic Management Program. 85. Commercial Collector A & Commercial Collector B Roundabout. The subdivider shall construct a single-lane urban roundabout at the intersection of Commercial Collector A & Commercial Collector B. Improvement plans shall be approved prior to issuance of building permits, while construction of the roundabout shall be completed prior to issuance of first occupancy permits for Phase 2. Final roundabout geometry shall be consistent with applicable engineering standards and design guidelines and best practices for bicycle and pedestrian accessibility and shall accommodate design vehicle turning movements consistent with City Engineering Standards. The Final Map shall reflect any necessary lot line adjustments required to accommodate the final roundabout design. 86. Los Osos Valley Road Striping. Where implementation of roadway improvements along Los Osos Valley Road required substantial realignment of existing roadway striping, the subdivider may be required to grind and slurry seal the roadway surface prior to installation of final roadway striping to the satisfaction of the Public Works Director. 87. Transit Service. Prior to recordation of the final map, the applicant shall complete the design of the bus turnout and stop at the southwest corner of Los Osos Valley Road and Auto Park Way to the satisfaction of the Public Works Director. The bus stop shall be constructed by the applicant prior to occupancy of the first development and shall include an on-street turnout, boarding area, transit shelter, route signage, lighting, bicycle rack, and waste receptacle per City Standards and to the satisfaction of the City Transit Manager. The applicant shall coordinate with SLO Transit to ensure that adequate service would be provided to the new bus stop prior to occupancy of the first development phase. 88. Traffic Impact Fees. Prior to issuance of building permits for each development phase, the subdivider shall pay applicable Citywide and Los Osos Valley Road subarea add -on transportation impact fees. The fees for the Life Plan Community shall be levied based on the “specialty” fee rate, which is calculated based on project trip generation. Trip generation for the Life Plan Community, as referenced from the project Transportation Impact Study, includes 1,338 trips and 99 PM peak hour trips. Fees for Madonna Froom Ranch development shall be based on the number of residential dwelling units and the square footage of commercial development within the Project site. 89. The Applicant shall submit a traffic engineering study identifying recommended signal timing plans for the new Los Osos Valley Road/Auto Park Way signal, as well as recommended timing modifications for existing signalized intersections along the Los Osos Valley Road corridor between Descanso and South Higuera. The traffic engineering study recommendations shall identify recommended adjustments to base timing inputs (min and max green times, pedestrian walk and clearance intervals, yellow and all red times, etc.) consistent with CA MUTCD guidelines and engineering best practices, as well as recommended adjustments to coordinated time of day plans (plan times, cycle lengths, Item 9 Packet Page 9208991 Resolution No. _____ (2020 Series) Page 20 R ______ offsets, splits/force-offs, etc.). Recommended timings should be provided in Synchro format and in spreadsheet format (excel, csv.). In coordination with the Applicant, the City shall retime the traffic signals along the Los Osos Valley Road corridor. Timing recommendations for Caltrans-operated traffic signals will be submitted for review and potential implementation by Caltrans. 90. Final location of proposed on-site driveway locations shall be reviewed and approved by the City to ensure compliance with City Engineering Standards and access management policies. 91. On-street parking shall be prohibited on all public streets within the plan area. Improvement plans shall include sufficient signage and/or curb paint to convey parking restrictions. 92. Off-site dedication/acquisition of property for public right-of-way purposes may be necessary to facilitate orderly development, anticipated build-out improvements, and/or to satisfy mitigation measures, conditions of approval, or compliance with City Standards and policies. The subdivider shall work with the City and the landowner(s) to acquire the necessary rights-of-way. In the event that the subdivider is unable to acquire said rights-of- way, the City Council may consider lending the subdivider its powers of condemnation to acquire the off-site right-of-way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off-site right-of-way acquisition (including attorney fees and court costs). Government Code Section 66462.5. 93. With development of the on-site public improvement plans and prior to recordation of the Final Map, the Project Applicant shall provide a dedicated bicycle connection along Local Road A from the on-site roundabout west to the trailhead park to the satisfaction of the Public Works Director. This new bicycle connection shall be constructed prior to issuance of occupancy permits for Phase 3 development of the Specific Plan (Madonna Froom). Utilities 94. The project shall include the proposed sewer generation calculations, based on Section 7 of the City’s 2018 Engineering Design Standards, in the permit submittal plan set. The calculations shall include in the scope of the study the minimum depth and size of the required sewer for the manhole to serve developments to the north and to the east of the proposed parcel map, and shall be established and approved to the satisfaction of the Utilities Director. 95. Sewer flow rates and flow velocities shall comply with the requirements of the 2016 Wastewater Collection System Infrastructure Renewal Strategy. Prior to issuance of a building permit the development’s sewer system shall have: A public 8” sewer main within public Streets A, B, and C. The sewer main and laterals south of the culvert on Street B shall be private; the area south of the culvert along Street A, shall be an 8” private system, and the alignment shall be maintained within the proposed paved roads where feasible. If shallow groundwater is encountered within the Villaggio area 10-feet below the original ground surface, the 8” private sewer main and private laterals shall be made with HDPE pipe. Item 9 Packet Page 9308992 Resolution No. _____ (2020 Series) Page 21 R ______ 96. The two proposed sewer connections shall be made at manholes for public systems and at wyes for private systems onto the existing 8” sewer main located on the west half of Los Osos Valley Road. 97. If commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided with the design. These types of facilities shall also provide an area to wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer, and an environmental compliance permit shall be filed prior to issuance of occupancy permit. 98. Underground dewatering systems for basements (if needed) shall discharge to an on-site retention system or shall obtain an environmental compliance permit prior to issuance of an occupancy permit. 99. Any sewer that crosses beneath a creek shall be sleeved through that section. 100. Any sewer lateral 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 Building Permit. 101. Projects involving the construction of new structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard MC.12.16.050. 102. (MM UT-2) The Applicant shall pay fair share construction costs for replacement of the 24” sewer main, and related appurtenances, crossing HWY 101 through negotiation of a private reimbursement agreement with the San Luis Ranch. Negotiations of a private reimbursement agreement shall be facilitated by the City to fulfill the Project’s fair share financial obligation towards construction of necessary capacity improvements in accordance with the San Luis Ranch Development Agreement using the project’s proposed sewer flow rates. The City shall approve the private reimbursement agreement and verify that the Applicant contributes appropriate fair share construction costs as approved by the City prior to issuance of building permits. Using the available information provided in the entitlement application, the current estimated fair share construction cost is 10% for 320 - feet of a new 24” sewer main, and related appurtenances, crossing Highway 101. The final proportionate fair share contribution by Froom Ranch for the construction costs shall be subject to review and approval by the Utilities Director to fulfill environmental mitigation MM UT-2. 103. The project shall include the proposed water demand calculations, based on Section 6 of the City’s 2018 Engineering Design Standards, in the permit submittal plan set. As part of the public improvement plans, a hydraulic model shall be provided with a design narrative that validates the pipe size, flow rates, and pressures of the proposed improvements and impacts to the existing systems. Item 9 Packet Page 9408993 Resolution No. _____ (2020 Series) Page 22 R ______ 104. Water flow rates and flow velocities shall comply with the minimum requirements of the 2016 Potable Water Distribution System Operations Master Plan. Water flow rates and pressures more than what is available from the existing 10” public water main along Los Osos Valley Road shall be augmented by a private booster pump station, surge tank(s), and related appurtenances. Prior to issuance of a building permit, the developer’s water main system shall have: a public 8” PVC water main within Public Streets A, B, and C. 105. Final grades and alignments of all public and/or private water, recycled water, and sewer shall be approved to the satisfaction of the Utilities Department. The final location, configuration, and sizing of on-site service laterals and meters shall be approved by the Utilities Director in conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 106. The alignments of public and private water, recycled water, and sewer systems shall be located under a paved street whenever feasible to facilitate access and maintenance, and to the satisfaction of the Utilities Engineer. 107. A hydrant assembly shall be installed at ends of proposed potable water mains that are not looped back into the existing system. 108. The Madonna Froom Ranch Development’s commercial and residential uses shall be metered separately. All residential units are to be individually metered. Pri vately owned sub-meters may be provided for residential apartments upon approval of the Utilities Director. The CCR’s for the property/homeowner association shall require that the sub - meters be read by the association (or P/HOA contracted service) and each apartment billed according to water use. 109. The Villaggio development shall be metered with a City-owned master meter. Each individual unit shall be privately sub-metered per California Green Building Code requirements. 110. The proposed Villaggio development, which is located south of the proposed culvert along Road B and west of Los Osos Valley Road, shall have a private domestic loop with a public 6” master meter for potable demands, and a separate private fire loop with an 8” double check backflow preventer. Structures within the Villaggio Parcel that are served by the private domestic water loop, and downstream of the public master meter, shall have private sub-meters, and shall be installed to the satisfaction of the Utilities Director. 111. Existing well(s) planned for abandonment shall be destroyed per County Health Requirements and the California Department of Water Resources Standard Bulletin 74-81 and 74-90 and the County Health Requirements. A final plan for the disposition of wells shall be included in the public improvement plans, and the Developer shall comply with the California Water Code and the regulations imposed by the City in its capacity as the Groundwater Sustainability Agency pursuant to the Sustainable Groundwater Management Act (“SGMA”) in all matters related to the Project. Developer acknowledges that SGMA regulations will be implemented after the Vesting Date and likely throughout its term and nevertheless agrees to comply with them as to the Project. Item 9 Packet Page 9508994 Resolution No. _____ (2020 Series) Page 23 R ______ 112. Services from existing water wells shall be maintained within the same parcel boundary per Municipal Code 13.08.370. Parcels with existing wells shall have backflow devices installed behind all meters service the parcel, consistent with City standards. The applicant shall provide confirmation that all well and associated service lines are maintained on the same parcel prior to map recordation, and is provided with the minimum set-back required by the County Health Department and the California Department of Water Resources. 113. Any existing well within a proposed parcel that meets the well set-back requirements that is planned for destruction, the Developer may elect to dedicate the well to the Utilities Department with a 12-foot access easement from a public road. This item may be waived to the satisfaction of the Utilities Director if the well abandonment is necessary for site development. 114. The project shall include the proposed recycled water irrigation demand calculations to meet the criteria of Section 10 of the City’s 2018 Engineering Design Standards in the permit submittal, showing the City’s MAWA and ETWU calculator table, including all inputs. 115. Prior to issuance of a building permit, the developer’s recycled water main system shall have: a public 8” ductile iron recycled water main within Public Streets A, B, and C. The recycled water main and service laterals serving the Villaggio Parcel shall be private and shall include a private service beneath the private service road connecting to Los Osos Valley Road. 116. Recycled water, or another non-potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City’s Utilities Department. 117. Irrigation systems using recycled water shall be designed and operated as described consistent with the City’s Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections. Three sets of irrigation plans shall be submitted for review during the City’s improvement plan and/or building permit review process. 118. Projects having landscape areas greater than 500 square feet shall provide a Maximum Applied Water Allowance calculation as required by the Water Efficient Landscape Standards; Chapter 17.87 of the City’s Municipal Code. 119. Projects generating more than two cubic yards of total waste shall comply with AB 1826, and local waste management ordinance to reduce greenhouse gas emissions. 120. Driveways and access routes to all trash and recycling receptacles shall be designed to accommodate the size and weight of garbage trucks; a written confirmation from the San Luis Garbage Company shall be included in the building permit plans for the proposed project. Item 9 Packet Page 9608995 Resolution No. _____ (2020 Series) Page 24 R ______ 121. Trash enclosure and refuse bins shall be sized to provide a reasonable level of service per the requirements of the San Luis Garbage Company. Large bin enclosures shall be wide enough, to accommodate trash, organic, and recycling receptacles, and shall conform to the engineering design standards. 122. The Froom Ranch Development’s commercial and residential refuse services shall be separate unless a letter of agreement between the tenants and a Conditional Exception Application from the City’s Development Standards for Solid Waste Services are provided to the City with the building permit submittal. 123. 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. 124. Revisions to the existing sewer and water infrastructure, that may result from the proposed land use modifications, shall be completed to the satisfaction of the Utilities Director to minimize impacts to operations and maintenance of existing or future services. SECTION 3. Annexation (ANNX-0335-2020). The City Council does hereby approve initiation of the process of annexing the project site into the City of San Luis Obispo, by authorizing staff to submit an application for annexation to the San Luis Obispo Local Agency Formation Commission (LAFCo). Findings: 1. The project area was identified as one of three Specific Plan areas designated for development when the General Plan Land Use and Circulation Elements update were adopted by the City Council in December 2014. The Froom Ranch Specific Plan was prepared to implement this aspect of the General Plan. 2. The Froom Ranch Specific Plan is within the City’s Sphere of Influence as defined by LAFCo, which is an area designated for eventual annexation provided that City services can be provided, and that the annexation is otherwise consistent with LAFCo policies. Item 9 Packet Page 9708996 Resolution No. _____ (2020 Series) Page 25 R ______ 3. The Froom Ranch Specific Plan as conditionally approved, provides a framework for providing the necessary City services. Upon motion of Council Member ______________, seconded by Council Member _____________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ____________________________________ Teresa Purrington City Clerk Item 9 Packet Page 9808997 O ______ ORDINANCE NO. _____ (2020 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING PREZONING AND AMENDMENT OF THE CITY’S ZONING MAP TO APPLY UPON ANNEXATION OF PROPERTIES WITHIN THE FROOM RANCH SPECIFIC PLAN AREA (SPEC-0143-2017, SBDV-0955-2017, GENP-0737- 2019, ANNX-0335-2020, EID-0738-2019; SPECIFIC PLAN AREA 3; 12165 AND 12393 LOS OSOS VALLEY ROAD) WHEREAS, City General Plan Land Use Element Policies 1.13.3 (Annexation Purpose and Timing), 1,13,6 (Required Plans), and 8.1.1 (Specific Plan/General Plan Amendment) require the preparation of a Specific Plan for the Froom Ranch (Madonna on LOVR) area prior to annexation and further development; and WHEREAS, a Draft Specific Plan has been prepared for the Froom Ranch (Madonna of LOVR) area pursuant to the General Plan and the State Government Code; and WHEREAS, on August 12, 2020 the Planning Commission held a public hearing to consider the recommendation of staff and consider the Specific Plan map, text, and necessary changes to the General Plan Map and Zoning Map to implement the Specific Plan for the purpose of making a recommendation to the City Council; and WHEREAS, on August 12, 2020 the Planning Commission recommended that the City Council certify the Final Environmental Impact Report for the Froom Ranch Specific Plan with findings of significant environmental effects, mitigation measures, and the statement of overriding considerations; and WHEREAS, on September 15, 2020, the City Council held a public hearing to consider the recommendations of the Planning Commission and staff, and to consider the Specific Plan map, text, and necessary changes to the General Plan Map and Text and Zoning Map to implement the Specific Plan; and WHEREAS, the Specific Plan is consistent with the City’s General Plan, as amended; and WHEREAS, as a result of its deliberations, the City Council has decided to adopt the Froom Ranch Specific Plan and an ordinance is required to implement the zoning identified in the Specific Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council has certified the Final Environmental Impact Report (EIR) for the Froom Ranch Specific Plan and finds that the EIR adequately addresses the potential significant environmental impacts of the proposed Zoning Map amendment, and reflects the independent judgement of the City Council. Item 9 Packet Page 9908998 Ordinance No. _____ (2020 Series) Page 2 O ______ SECTION 2. Zoning Map Amendment and Pre-zoning. The City Council hereby pre- zones the properties as shown in “Exhibit A” such that the zoning becomes effective upon annexation. SECTION 3. Summary. A summary of this ordinance, approved by the City Attorney, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage in a newspaper published and circulated in the City of San Luis Obispo. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of ________ 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ________, 2020, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ______________________________ Teresa Purrington City Clerk Item 9 Packet Page 10008999 Drainage 4Drainage 4 150-FOOT E L EVATION CONTO UR LIN EProposed Froom Creek RealignmentF ro o m C r e e k *Prefumo CreekSan Luis Obispo Creek101 CALLE JOAQUINLOS OSOS VALLEY ROADLOS OSOS VALLEY ROADCALLE JOAQUINAUTO PARK WAYAUTO PARK WAYIRISH HILLSIRISH HILLS NATURALNATURAL RESERVERESERVE VISITOR SERVING COMMERCIALVISITOR SERVING COMMERCIAL (HOTELS)(HOTELS) COSTCOCOSTCO MOUNTAINBROOKMOUNTAINBROOK CHURCHCHURCH CALLE JOAQUINCALLE JOAQUINLOS OSOS VALLEY ROADAUTO PARK WAYIRISH HILLS NATURAL RESERVE VISITOR SERVING COMMERCIAL (HOTELS) COSTCO MOUNTAINBROOK CHURCH F ro o m C r e e k *Prefumo CreekSan Luis Obispo CreekUNINCORPORATEDUNINCORPORATED SAN LUIS OBISPOSAN LUIS OBISPO COUNTYCOUNTY UNINCORPORATED SAN LUIS OBISPO COUNTY Proposed Froom Creek RealignmentVILLAGGIOVILLAGGIO LIFE PLANLIFE PLAN COMMUNITYCOMMUNITY MADONNA FROOMMADONNA FROOM RANCHRANCH VILLAGGIO LIFE PLAN COMMUNITY MADONNA FROOM RANCH AUTOAUTO DEALERSHIPSDEALERSHIPS IRISH HILLSIRISH HILLS PLAZAPLAZA SHOPPINGSHOPPING CENTERCENTER IRISH HILLS PLAZA SHOPPING CENTER AUTO DEALERSHIPS CITY OFCITY OF SAN LUIS OBISPOSAN LUIS OBISPO CITY OFCITY OF SAN LUISSAN LUIS OBISPOOBISPO CITY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO Drainage 3 Drainage 4 Drainage 2 Drainage 1 150-FOOT E L EVATION CONTO UR LIN EEMERGENCYEMERGENCY ACCESSACCESS POINTPOINT EMERGENCY ACCESS POINT EMERGENCYEMERGENCY ACCESSACCESS EMERGENCY ACCESS LOWER AREA UPPER TERRACE LEGEND Proposed Specific Plan Land Use Project Site Villaggio (Private) Madonna Froom Ranch Public Site Access Roadways: 5.9 acres Easement for Relocated Stormwater Basin: 7.1 acres Reconfigured Open Space and Agricultural Conservation Easement C-R-SP – Retail Commercial/General Commercial: 3.0 acres C/OS-SP – Conservation/ Open Space: 66.2 acres PF-SP – Public Facilities: 3.6 acres R-3-SP – Medium-High Density Residential: 29.2 acres R-4-SP – High Density Residential: 1.8 acres *Notes: Roadways within Villaggio are private and are included as part of the medium high density residential land use. Froom Creek would be realigned. Project Land Use Plan 1 FIGURE Aerial Source: Google 2018. 0 500 SCALE IN FEET N Item 9 Packet Page 10109000 Page intentionally left blank. 09001