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HomeMy WebLinkAbout9725-9741�J • RESOLUTION NO. 9741(2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 2420 AT 1636 WOODLAND DRIVE (TE11 -01) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration'of public testimony, the subdivider's request, staff recommendations and reports thereon, found that the one -year time extension is justified because: 1. The subdivider has made reasonable progress toward fulfilling tract conditions. 2. This is the applicant's initial request for an extension, which is consistent with the San Luis Obispo Municipal Code, Section 16.16.180 that allows the Council to extend the time for filing the final tract map for periods up to and not exceeding three years. 3. The time extension is subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with the approved tentative tract map. SECTION 2. Action. That a one -year time extension for filing the final map for Vesting Tentative Tract Map No. 2420 is granted to October 7, 2006,'subject to the original findings, conditions, and mitigation measures of tentative map approval, as specified in City Council Resolution No. 9490 (2003 Series). On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following roll call vote: AYES: Council Members Brown and Settle and Vice Mayor Ewan NOES: Council Member Mulholland RECUSED: Mayor Romero R 9741 �J O Resolution No. 9741 (2005 Series) Page 2 The foregoing resolution was passed and adopted this 1st day of November 2005. Mayor David F. Romero ATTEST: lat dwj-",� Audrey o per City c1dry Jo P. Lowell City Attorney NUD o � RESOLUTION NO. 9740 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A HOME OCCUPATION PERMIT FOR MASSAGE THERAPY AT 1267 PISMO STREET AP -CC 130 -05 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 24, 2005, for the purpose, of reviewing the appeal of the Hearing Officer's decision to deny a request for a home occupation permit for massage therapy at 1267 Pismo Street, Application No. A 130 -05 and WHEREAS, an appeal of the Planning Commission's approval of the home occupation permit was received on September 2, 2005; and WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the applicant, interested parties and appellant, and the evaluation and recommendations by staff and the Planning Commission; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposed massage therapy business will not adversely affect the health, safety, or welfare of persons living or working in the vicinity because no vehicles will be used in conjunction with the business. 2. The proposed massage therapy home occupation is compatible with surrounding residential land uses because the business does not require any outdoor use area at the home, will require no additional employee access, will require only minimal customer access, and will not disrupt the peace and quiet of the neighborhood. 3. As conditioned, the proposed massage therapy home occupation will be consistent with General Plan Land Use Policy 2.2.13, which allows for compatible non - residential activities that comply with established criteria in residential areas. 4. The project is categorically exempt from environmental review under Class 1 (Section 15301), Existing Facilities, of the CEQA Guidelines. R 9740 Resolution No.9740 (2005 nes) Page 2 SECTION 2. Action. The Council hereby denies the appeal and upholds the Planning Commission's approval of the home occupation permit for massage therapy, subject to the following conditions: 1. This home occupation shall not have characteristics which would reduce residents' enjoyment of their neighborhood, consistent with this list of conditions. The peace and quiet of the residential area shall be maintained. 2. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building, and shall not alter the appearance of such structures. (Horticultural activities may be conducted outdoors.) 3. There shall be no sales, rental or display on the premises. 4. There shall be no signs other than address and names of residents. 5. There shall be no advertising the home occupation by street address except that street address may be included on business cards and business correspondence originating from the home. 6. No vehicle larger than a three - quarter -ton truck may be used in connection with a home occupation. 7. The home occupation shall not encroach on any required parking, yard or open space area. 8. Parking for vehicles used for this home occupation shall be provided in addition to parking required for the residence. 9. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for residential use. 10. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or electrical interference, or other hazard or nuisance. 11. No employees other than residents of the dwelling shall be allowed. (Babysitters or domestic servants are not considered employees of a home occupation.) 12. If the home occupation is to be conducted in rental property, the property owner's authorization for the proposed use shall be obtained. 13. The home occupation is limited to a maximum of three client visits, Monday through Friday, between 10:00 a.m. and 5:00 p.m. No clients shall be allowed on federal holidays. 14. The applicant shall park her personal vehicle in the on -site parking space off of Johnson Ave. and direct clients to park on the street during business hours. Resolution No.9740 (2005 aeries) Page 3 15. In one year, the Administrative Hearing Officer shall review the home occupation for compliance with these conditions. Upon motion of Council Member Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Brown and Mulholland and Mayor Romero NOES: Council Member Settle. ABSENT: Vice Mayor Ewan The foregoing resolution was adopted this 18`h day of October, 2005. Mayor David F. Romero ATTEST: Audrey per City Cle APPROVED AS TO FORM: Jonabtwif.owell City Attorney 0 0 RESOLUTION NO. 9739 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF A TREE REMOVAL REQUEST AT 1250 PALM STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on August 22, 2005 and denied the applicant's request to remove one (1) Date Palm tree located in the front yard at 1250 Palm Street, San Luis Obispo, California; and WHEREAS, on October 18, 2005, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the denial to remove one (1) Date Palm tree, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: That this Council, after consideration of the applicant's appeal, and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, makes the following finding: a. The removal of one (1) Date Palm tree will not promote good aboricultural practice. b. The tree is not causing undue hardship to the property owner. c. Removing the tree will harm the character of the surrounding neighborhood. SECTION 2. The appeal of the Tree Committee's decision to deny the tree removal request at 1250 Palm Street is hereby denied. Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following vote: AYES: Council Members Brown, Mulholland and Settle and Mayor Romero NOES: None ABSENT: Vice Mayor Ewan The foregoing resolution was adopted this 18th day of October 2005. Mayor David F. Romero ATTEST: Audrey H per City Cier1, R 9739 C Resolution No. 9739 (2005 Series) Page 2 APPROVED AS TO FORM: Jo . Lowell City Attorney n J RESOLUTION NO. 9738 (2005 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF A GIFT OF REAL PROPERTY INTEREST WHEREAS; Bowden Ranch Partners, LP, ( "Grantor ") is the owner of a one -half undivided fee interest in of certain real property in San Luis Obispo County, California, outside of but adjacent to the City of San Luis Obispo, described as Assessor's Parcel Number 073 -371- 002 and referred to as the Bowden Ranch (the "Property "); and WHEREAS, the Property possesses natural resource values including wildlife and plant resources, and scenic open space value of great importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, on December 20, 2001, the City of San Luis Obispo accepted the donation of a Conservation Easement burdening said property; and WHEREAS, Grantor now wishes to convey to the City of San Luis Obispo its fee interest in the real property burdened by said conservation easement; and WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept gifts, including gifts of real property; and WHEREAS, the City of San Luis Obispo agrees by accepting this gift to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come, and to continue to honor the intentions of the Conservation Easement burdening said property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Accepts the offer of donation of a one -half undivided fee interest in the property commonly known as the Bowden Ranch and identified as Assessor's Parcel Number 073 - 371-002; and 2. Authorizes and directs the Mayor to accept the gift grant deed to said property on behalf of the City of San Luis Obispo; and 3. Authorizes and directs the Mayor to accept gift grant deeds for remaining portions of the undivided interest in said property from the owners of such interest, when such are offered; and 4. Directs that the City Administrative Officer transfer the Conservation Easement to another qualified party in timely fashion for the express purpose of ensuring that the purposes and intentions of said Conservation Easement shall remain in effect in R 9738 0 0 Resolution No. 9738 (2005 Series) Page 2 perpetuity, and shall be binding upon the City of San Luis Obispo as owner of said land property. On motion of Council Member Settle, seconded by Council Member Brown and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, and Vice Mayor Ewan NOES: None ABSENT: Mayor Romero (Recused) Mayor David F. Romero ATTEST: . 1� ". d�,� Audrey H per City Clerk-- APPROVED AS TO FORM: Jonath . Lowell City Attorney C bb RESOLUTION NO. 9737 (2005 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO ISSUE TAX - EXEMPT OBLIGATIONS TO ASSIST IN FINANCING THE PALM PARKING- OFFICES PROJECT AND THAT A PORTION OF THE PROCEEDS MAY BE USED TO REIMBURSE RELATED EXPENDITURES INCURRED PRIOR TO THEIR ISSUANCE WHEREAS, the Council of the City of San Luis Obispo (the "City ") is undertaking proceedings to acquire, furnish and equip a parking garage and administrative office building to be located on property owned by the City at 919 Palm Street (the "Project "); and WHEREAS, in order to provide funds to finance the Project the City, either on its own behalf or through the City of San Luis Obispo Capital Improvement Board (the "Board "), intends to issue and sell its tax- exempt Lease Revenue Bonds or Certificates of Participation in the aggregate principal amount of approximately $14.6 million for the Project (the "Bonds "); and WHEREAS, in order to use the proceeds of the Bonds to reimburse advances made by the City for the Project before the date of issuance of the Bonds, but not more than sixty (60) days before the date of adoption of this Resolution, Section 1.150 -2 of the United States Income Tax Regulations requires that Council declare its intention to reimburse such advances from the proceeds of the Bonds; and WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to reimburse the expenditures referenced herein. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Declaration of Intent. The Council hereby declares that it reasonably expects the Bonds to be issued by the City or the Board, and that a portion of the proceeds thereof may be used to reimburse expenditures made by the City for the Project before the date of issuance of the Bonds, and not more than sixty (60) days before the date of adoption of this Resolution. The Bonds shall be issued in an aggregate principal amount which is sufficient to raise funds for the Project in the approximate amount of $14.6 million. SECTION 2. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. I401A l 0 0 Resolution No. 9737 (2005 Series) Page 2 On motion of Council Member Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was passed and adopted on October 4, 2005. Mayor David F. Romero ATTEST: JI/ Audrey Ho er City Cler APPROVED AS TO FORM: /" -- -�� J P. Lowell City Attorney Li • ebb RESOLUTION NO: 9736 (2005 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (Proposition 50) WHEREAS, the Legislature and Governor of the State of California have provided Funds for the program shown above; and WHEREAS, the Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the State Resources Agency require a resolution certifying the approval of application(s) by the Applicant's governing board before submission of said application(s) to the State; and WHEREAS, the City, if selected, will enter into an agreement with the State of California to carry out the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for the project known as Elks Lodge Flood Management Improvements; and 2. Certifies that the City understands the assurances and certification in the application; and 3. Certifies that the City or title holder will have sufficient funds to operate and maintain the Project(s) consistent with the land tenure requirements; or will secure the resources to do so; and 4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 50 Funds; and 5. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained: and 6. Appoints the City Administrative Officer, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project. R 9736 Resolution No. 9736 (2005 Series) Page 2 (.11' K On motion of Council Member Brown, seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 4th day of October 2005. Mayor David F. Romero ATTEST: 4 J'J".74 4� Audrey Hoo er City Clerk APPROVED AS TO FORM: than P. Lowell City Attorney j ire ��z_ ��. ��. �s� ���. �� RESOLUTION NO. 9735 (2005 Series) RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF SAN LUIS OBISPO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21362.2 (3% @ 50 Full formula); Section 20042 (One -Year Final Compensation) and Section 21548 (Pre - Retirement Optional Settlement 2 Death Benefit) for local fire members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. Upon motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle and Mayor Romero NOES. Vice Mayor Ewan ABSENT: None The foregoing resolution was adopted this 20'h day of September 2005. R 9735 Ordinance No. 9735 (2005 Series) Page 2 Mayor David F. Romero UNIUM16 gx".,w Audrey Hoo City Clerk APPROVED AS TO FORM: J na P. Lowell City Attorney �. }� ���� � O O �,� Ca1RERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of San Luis Obispo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January 16, 1980, May 1, 1980, July 1, 1980, July 1,- 1983, July 1, 1986, July 23, 1987, November 16, 1989, August 8, 1993, November 5, 1999, January 7, 2000, July 6, 2000, September 21, 2001 March '28, 2002, July 18, 2002, January 30, 2003, February 27, 2003 and July 14, 2005 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1. through 14 are hereby stricken from said contract as executed effective July 14, 2005, and hereby replaced by the following_ paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise_ specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. P''ASE DO NOT SIGN " E.XH1 &1►T -,,QN_ 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of .a contracting agency and are not provided for herein and to all amendments to said Law .hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by Jaw or this agreement: a. Local Fire Fighters (herein referred to as local safety-members); b. Local Police Officers (herein referred to at local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. CROSSING GUARDS. 5. The percentage of final compensation to be provided for each year of credited prior and current_ service as a local miscellaneous member in employment before and not on or after January 30, 2003 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6, The percentage of final compensation to be provided for each year of credited prior and current service a "s a local miscellaneous member in employment on or after January 30, 2003 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full), 7. The percentage of final compensation to be provided for each year of credited prior and current :service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50,Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire members only. EASE DO NOT SIGN "EX HE b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. C. Sections 21624, 21626 and 21628 (Post- Retirement Survivor Allowance) for local safety members only. d. Section 20965 (Credit for Unused Sick Leave). e. Section 20042 (One -Year Final Compensation). f. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only. g. Section 21024 (Military Service Credit as Public Service). h. Section 21548 (Pre - Retirement Optional Settlement 2 Death Benefit). 1 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer' for purposes of Section 20834 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local fire members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled ' in a single account, based on term insurance rates, for survivors of all local police members and local miscellaneous members. C. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required bylaw. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATIO. 0� CITY COUNCIL PUBLIC EMPLOYEES' RE�kkf��ENT SYSTEM CITY OF SAN LUIS OBISPO�� BY c BY LORI MCGARTLAkg , ACTING CHIEF PRESIDING OFFICk ACTUARIAL & E1WLOYER SERVICES BRANCH \7 PUBLIC EMO LVEES' RETIREMENT SYSTEM 44 ti Witn ess'Oto Attest XI Clerk AMENDMENT ER# 0319 PERS- CON -702A (Rev. 8105) RESOLUTION NO. 9734 (2005 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR FUNDING UNDER THE CALHOME PROGRAM (PROPOSITION 46); THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM WHEREAS, the City of San Luis Obispo, a political subdivision of the state of California, wishes to apply for and receive an allocation of funds through the CalHome Program; and WHEREAS, HCD has issued a Notice of Funding Availability (NOFA) for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 59650) of Part 2 of Division 31 of the Health and Safety Code (the "statute "); and WHEREAS, pursuant to the statute, HCD is authorized to approve funding allocation using monies made available by the State Legislature to the CalHome program, subject to the terns and conditions of the statute and the CalHome Program Regulations adopted by HCD on August 15, 2003; and WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of $500,000; and WHEREAS, the City's Housing Element contains policies and programs to actively pursue State grants available through Proposition 46. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application to HCD to participate in the CalHome Program in response to the NOFA issued on August 10, 2005; and 2. Directs that the application will request a funding allocation of CalHome funds in the amount of $500,000 to provide mortgage assistance to low- income first -time home buyers in the City of San Luis Obispo. 3. Agrees that if the application is approved, use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. The City may also execute any and all other instruments necessary or required by HCD for participation in the CalHome Program. R 9734 Resolution No. 9734 (2005 Series) Page 2 4. Authorizes the City Administrative Officer to execute in the name of the City of San Luis Obispo, the application, the Standard Agreement, and all other documents required by HCD for participation in the CalHome Program, and any amendments thereto. Onmotionof Settle secondedby Mulholland and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 20th day of September 2005. Mayor David F. Romero ATTEST: a d't" Audrey Ho er City Cler APPROVED AS TO FORM: Jon a. well City Attorney �c.�a.n��- � via ��� RESOLUTION NO. 9733 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY APPROVING A 7 -UNIT, DETACHED APARTMENT PROJECT IN THE R -4 ZONE FOR PROPERTY LOCATED AT 1231 LAUREL LANE, (ARC 180 -04). WHEREAS, the Architectural Review Commission, on June 20, 2005, approved a 7- unit, detached apartment project in the R -4 zone, based on findings and subject to conditions and code requirements; and WHEREAS, Ken Hampian, City Administrative Officer, filed an appeal of the Architectural Review Commission's action on June 23, 2005; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 6, 2005, for the purpose of considering an appeal of the Architectural Review Commission's action; and WHEREAS, the Council has duly considered all evidence, including the records of the Architectural Review Commission hearings and action, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The project is consistent with the City's General Plan in that there is no required mandate that structures in the R-4 zone be attached, nor is there a maximum unit size or minimum density requirement. 2. The proposal to locate the seven units in detached buildings is a superior design given the quality of the proposed architecture and building materials and detailing. 3. The site design with detached buildings results in greater air and light being available to residents given the spacing between buildings. 4. A proposal to attach the buildings would not necessarily result in increased density being provided in the project or a more attractive appearing development. R9733 O O Resolution No. 9733 (2005 Series) Page 2 5. The street yard setback exceptions along Southwood Drive (10 feet) and Laurel Lane (12 feet) are warranted because the site is constrained by two street frontages and a drainage easement that significantly limits the site's buildable area. The street yard exceptions along Laurel Lane are for trellises, which were requested by the ARC and provide the buildings with a sense of street presence and visual interest, as well as needed architectural relief for the 23 -foot tall wall planes that face the street. 6. The project is consistent with the Chapter 5.3 of the Community Design Guidelines because the unique design provides for superior architectural quality and materials, incorporates a mixture of the predominant colors and materials found in the surrounding neighborhood and includes private outdoor living areas (yards, decks) within the building form. 7. On July 6, 2004, the City Council adopted a Mitigated Negative Declaration for a rezoning from C -N to R-4 at the subject property, which evaluated environmental impacts associated with residential development. SECTION 2. Action. The City Council does hereby deny an appeal of the Architectural Review Commission's action, thereby approving a 7 -unit, detached apartment project in the R-4 zone at 1231 Laurel Lane, application No. ARC 180 -04, subject to the following conditions and code requirements: Conditions: 1. The applicant shall construct project so as to substantially conform to plans submitted to the Community Development Department on June 7, 2005. Any change to approved design, colors, materials, landscaping or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 2. If significant archaeological materials are discovered during grading and construction, all construction activities that may damage those materials shall immediately cease. The project sponsor shall then propose specific mitigation based on a qualified archaeologist's recommendations. The Community Development Director shall approve, approve with changes, or reject the mitigation proposal (if found incomplete, infeasible, or unlikely to reduce adverse impacts to an acceptable level). If the proposal is approved, the project sponsor shall implement mitigation, to the satisfaction of the Director. 3. The applicant shall submit a revised landscape plan with the building permit application for the project that accurately reflects the approved site plan with specific attention given to plantings along Laurel Lane, subject to the approval of the Community Development Director. 4. The proposed solid wood fencing shall be modified to an open design, such as wrought iron, to soften the appearance of the project as viewed from Laurel Lane and allow for views into and out of the project, subject to the approval of the Community Development Director. 0 0 Resolution No. 9733 (2005 Series) Page 3 5. The applicant shall submit an acoustical analysis (noise study) with the building permit application or any subsequent planning application(s) to ensure that interior spaces and exterior private use areas comply with standards contained in the City's General Plan Noise Element per Council Resolution No. 9571 (2004 Series). Code Requirements: 1. The applicant shall satisfy the project's Inclusionary Housing requirement prior to occupancy of the buildings. 2. As shown, public right -of -way does not exist beyond the back of the new driveway approaches. A pedestrian access easement is required to accommodate the ADA sidewalk extension. The required easement shall be recorded prior to building permit issuance. The applicant shall provide any required exhibits necessary to define the area of the easement. Otherwise, the approaches shall be designed to fit within the public right -of -way if possible. 3. This development shall comply with the Waterways Management Plan, Volume III, Drainage Design Manual. The building plan submittal or any subsequent planning application(s) shall include a complete hydrologic and hydraulic analysis report if warranted based on the amount of pervious surface proposed with the final plan. The submittal shall include erosion control measures and stormwater quality management in accordance with Section 10.0 of the manual. 4. A soils report will be required for development of all new structures, site improvements, retaining walls, new parking lot areas, and for public improvements. The soils report shall be included with the building permit submittal package and with the submittal of public improvement plans. 5. The Chinese Pistache along Laurel Lane is on the City's master street tree list and shall be planted 7.5 feet to 10 feet behind sidewalk. The Birch on Southwood are an acceptable species for this location. Birch Trees within 7.5 feet from back of sidewalk are to be planted with a deep root planter. No trees shall be planted within 5 feet from back of sidewalk. Species and numbers of trees are within the cities requirements of one tree per 35 lineal feet of street frontage. 6. Long -term bicycle parking areas shall be stenciled/labeled so future occupants will know that the space is intended for bicycle parking. 7. The existing on- street parking shall be maintained. If line of sight issues are identified at the driveway locations prior to final occupancy, the applicant shall process and maintain a red curb permit with the City to install red curbing at the locations identified by the Public Works Department. 0 0 Resolution No. 9733 (2005 Series) Page 4 On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following roll call vote: AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero. NOES: Council Member Mulholland ABSENT: None The foregoing resolution was passed and adopted this 6`h day of September, 2005. Mayor David F. Romero ATTEST: Audrey Ho er City Clerk(/ APPROVED AS TO FORM: Jonathan P. Lowell City Attorney (2ZID O O C, O RESOLUTION NO. 9732 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S TRANSPORTATION IMPACT FEES BY ESTABLISHING A SUB -AREA FEE TO ASSIST IN FUNDING IMPROVEMENTS TO THE LOS OSOS VALLEY ROADIUS 101 INTERCHANGE WHEREAS, Chapter 4.56.10 of the City of San Luis Obispo Municipal Code establishes transportation impact fees and provides for the setting of fee amounts and other matters by resolution of the Council; and WHEREAS, the City of San Luis Obispo has prepared studies to determine the need for transportation facilities and improvements to serve new development; and WHEREAS, on October 7, 2003, Council established the Los Osos Valley Road/US 101 Interchange Sub -Area Fee program; and WHEREAS, the City of San Luis Obispo has conducted additional study of the interchange project and has revised the cost estimates associated with construction of this important infrastructure improvement to mitigate traffic impact created by new development; and WHEREAS, on September 6, 2005 the Council conducted a public hearing and considered testimony of interested parties, the staff report and the recommendations of staff. NOW, THEREFORE, BE IT RESOLVED that the Council modifies the existing Transportation Impact Fee and LOVR Sub -Area programs as follows: 1. A revised Los Osos Valley Road/US 101 Interchange Improvement project Sub - Area is hereby created and is depicted in Exhibit A. 2. Effective November 7, 2005, the Los Osos Valley Road/US 101 Interchange Improvement project Sub -Area Fee for the Transportation Impact Fee program is hereby modified as set forth in Exhibit B, which is in addition to the City -wide fees already in effect. 3. All other provisions, findings and requirements of the Transportation Impact Fee program will remain in effect pursuant to Resolution No. 8406 (1995 Series). Upon motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following roll call vote: AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing Resolution was passed and adopted this 6`h day of September 2005. R9732 0 Resolution No. 9732 (2005 Series) Page 2 ATTEST: Audrey H er City Clerk/ APPROVED AS TO FORM: C�onat n P. Lowell ttorney iJ Mayor David F. Romero 0 0 C' Resolution No. 9732 (2005 Series) Page 3 0 Exhibit B TRANSPORTATION IMPACT FEES LOS OSOS VALLEY ROADIUS 101 INTERCHANGE SUB AREA FEES Land Use Unit New Fee. With Avilla Ranch SFR Dwelling Unit $ 4,972 MFR Dwelling Unit $ 3,266 Retail Square foot $ 12.00 Retail Auto Square foot $ 9.78 MoteMotel Room $2,710 Business Park Square Foot $6.30 Manufacturing Square Foot $3.61 Service Commercial Square Foot $7.31 Other 1 PM Trip $ 4,874 Note: Due to the variety of uses possible in service Commercial, fee is based upon rrE Land Userfrip Estimates for Office Park Designation. J OL� UO RESOLUTION NO. 9731(2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF $100,000 FROM THE 2005 -06 STATE BUDGET TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL WHEREAS, the adoption of the 2005 -06 State budget, includes continuation of AB 1913 which established the Supplemental Local Law Enforcement Fund; and WHEREAS, AB 1913 appropriated $100 million to supplement local law enforcement budgets; and WHEREAS, the City of San Luis Obispo has received $100,000 from the 2005 -06 California State budget as granted under AB 1913; and WHEREAS, the funds may be applied to projects and front line municipal police services which are in existing budgets but are under - funded; and WHEREAS, a public hearing was held on September 6 2005, to receive public input on the recommendations for the use of these funds; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo approves the expenditure of $100,000 as received from the 2005 -06 California State budget to assist in funding Public Safety personnel, and authorizes the Chief of Police to execute any grant related documents. Upon motion of Council Member Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6th day of September 2005. Mayor David F. Romero ATTEST: Audrey Ho er City Clerk R9731 N Resolution No. 9731 (2005 Series) Page 2 APPROVED AS TO FORM: Jon6thanof. Lowell City Attorney K �.�� � O J\ RESOLUTION NO. 9730 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BYLAWS FOR THE ARCHITECTURAL REVIEW COMMISSION WHEREAS, the City's Advisory Body Handbook requires the bylaws of every advisory body to be reviewed by May Vt of each odd numbered year; and WHEREAS, the Architectural Review Commission reviewed their bylaws on June 20, 2005 and is recommending Council approval of proposed changes; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Architectural Review Commission's bylaws are amended as contained in Exhibit A. Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6th day of September 2005. Mayor David F. Romero ATTEST: Audrey Ho r City Clerk APPROVED AS TO FORM: • r J na P. Lowell City Attorney R9730 O Architectural Review Commission By -laws Amended by Resolution No. (2005 Series) Exhibit A 1. Meetings A. Regular meetings shall be held at 5:00 p.m. on the first and third Monday of each month. B. Agenda items shall be completed by 9:00 p.m. unless the consent of a majority of commissioners agree to extend the meeting. C. Regular meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event that the Architectural Review Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on at the doors of the Council Hearing Room prior to the time designated for the meeting. 2. Election of Officers A. The commission shall select a Chairperson and Vice - Chairperson from among its members to serve for a one -year term beginning April 1st of each year. B. Commissioners shall serve as Chairperson or Vice - Chairperson at the discretion of the Commission. C. The Chairperson shall preside at all meetings of the commission. The Vice - Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. 3. Conduct of Meetings A. Commissioners should address questions through the chairperson. B. Members of the audience should address commissioners or other persons present through the chairperson. C. Procedure for reviewing public hearing items: After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report previously submitted to the Architectural Review Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the Commission. 3. The applicant shall be invited to make a presentation on behalf of the request. N O Exhibit A 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote if the majority of those members present. 6. The Commission, upon formal motion, shall take action on the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such an appeal. 4. Quorum A. Four members of the commission constitutes a quorum for the transaction of business, but a lesser number may adjourn from time to time and continue the consideration of pending business. B. No approval or other action of the commission shall become effective without receiving the affirmative vote of a majority of the members present. 5. Voting A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion or other action. C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when refraining from participating due to a potential conflict of interest. 6. Public Records A. Records of all public hearings shall be made available to the public in the office of the Community Development Department. B. Secretary — Duties: The secretary shall be a representative of the community development department, and shall keep minutes of each meeting and shall record the official action taken. The records of all proceedings and the basis for all findings shall be available to the council and to the public. 7. Attendance A. Any member of the Architectural Review Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or ;J 0 Exhibit A specially- scheduled (excluding Commission site visits) meetings, or a total of six (6) such Commission meetings within any 12 month period, shall be reviewed by the Chairperson for possible referral to the City Council. 8. Filling vacancies and removal of members. A. Vacancies shall be filled for unexpired terms. The council, by majority action, may remove any commissioner as provided in the City Charter. 9. Rules, regulations and procedures. A. The commission may adopt rules, regulations and procedures as required for the transaction of its business. These rules shall become effective upon approval of the council. RESOLUTION NO. 9729 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RECOMMENDING THE SAN LUIS OBISPO LOCAL AGENCY FORMATION COMMISSION ( LAFCO) APPROVE A REVISED SPHERE OF INFLUENCE BOUNDARY (SOI) FOR SAN LUIS OBISPO AND RECOMMENDING BOARD OF SUPERVISORS APPROVAL OF A DRAFT MEMORANDUM OF AGREEMENT (MOA) REGARDING DEVELOPMENT REVIEW AND URBAN SERVICES IN THE URBAN FRINGE. WHEREAS, The last comprehensive Sphere of Influence (SOI) Study for San Luis Obispo was completed in 1984 when the Local Agency Formation Commission ( LAFCO) adopted the City's first SOI; and WHEREAS, The Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000 (CKH Act) requires LAFCO to update the Spheres of Influence (SOI) for all jurisdictions in the County of San Luis Obispo by January 1, 2006 and every five years thereafter; and WHEREAS, LAFCO has prepared a tentative SOI update for the City of San Luis Obispo, and said update is an important tool used by LAFCO to plan for future annexations. For a property to be annexed into a jurisdiction, the property must be inside the jurisdiction's SOI; and WHEREAS, as part of the SOI update, LAFCO is authorized and required to: 1) approve and adopt the environmental documentation for the proposed update pursuant to CEQA, 2) approve a Municipal Service Review, and 3) approve and adopt the San Luis Obispo SOI Update; and WHEREAS, LAFCO can consider open space preservation as a legitimate purpose for defining the SOI. Parcels on the City's urban fringe that are likely to be annexed and that will be required to provide significant open space may logically be included entirely within the SOI, even though only a portion of the parcel may eventually receive full urban services; and WHEREAS, the proposed update promotes City General Plan objectives in that it expands City influence over development in fringe areas, helps protect open space, helps anticipate possible future urban service needs, and defines a more logical urban boundary; and WHEREAS, City General Plan (LUE 1. 16.8) calls for a "memorandum of understanding between the City and County Governments" regarding development review and land use changes in San Luis Obispo's Planning Area; and WHEREAS, The proposed MOA could help establish a new level of cooperation between the City and County regarding impact mitigation, fire and law enforcement services, open space and agricultural preservation, interagency cooperation and development review within the urban fringe; and R9729 Resolution No. 9729 (2005 Series) Page 2 WHEREAS, the Planning Commission, at a public hearing on July 27, 2005, endorsed the SOI update and Draft MOA and forwarded a recommendation that the Council approved the Tentative SOI boundary adjustments and Draft MOA; and WHEREAS, the City Council held a public hearing on August 23, 2005 to consider public testimony, Planning Commission recommendations, the tentative SOI boundary adjustments and Draft MOA, the staff report and pertinent correspondence. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. This Council, after considering the tentative SOI boundary adjustments and the Draft MOA, the Planning Commission's recommendations, staff recommendations, public testimony and correspondence, and reports thereon, makes the following findings: The tentative SOI boundary adjustments, as shown in Exhibit A, and the Draft MOA as shown in Exhibit B, are consistent with the City's General Plan in that they will promote General Plan objectives by expanding City influence over development in fringe areas, protecting open space, helping to anticipate possible future urban service needs, and by defining a more logical urban boundary. 2. The Draft MOA achieves General Plan Land Use Element policy LUE 1.16.8 by establishing a new level of cooperation between the City and County regarding impact mitigation, fire and law enforcement services, open space and agricultural preservation, interagency cooperation and development review within the urban fringe. 3. The City is not required at any time to annex properties within the SOI, nor is a property owner entitled to compel the City to complete an annexation or to extend urban services. These actions would require environmental review, public hearings, and Council approval. Such approval would hinge on consistency with the General Plan and annexation policies. SECTION 2. Approval of the tentative SOI boundary adjustments. Council hereby recommends that LAFCO update the City's SOI, including the SOI boundary adjustments as shown in Exhibit "A." SECTION 3. Approval of Draft MOA. Council hereby approves the Draft MOA, as shown in Exhibit `B ", authorizes the Mayor to execute the final agreement, and recommends that the San Luis Obispo County Board of Supervisors approve the Draft MOA as shown in Exhibit `B." Resolution No. 9729 (2005 Series) Page 3' Upon motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was adopted this 23rd day of August, 2005. Mayor David F. Romero ATTEST: Audrey H( City Clerk APPROVED AS TO FORM: Jo t ty h n.Lowell City MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO REGARDING THE CITY'S SPHERE OF INFLUENCE This Agreement between the City of San Luis Obispo (hereafter "City ") and theounty rd San .Luis Obispo County (hereafter "County ") is entered into by the City on this 3 "day of C� _ , 2005, and by the County on this . day of 2005. WITNESSETH WHEREAS, the Cortese/Knox/Hertzberg Act of 2000 ( "the Act ") requires the Local Agency Formation Commission ( LAFCO) to update the Spheres of Influence for all applicable jurisdictions in the County every five years; and WHEREAS, a Sphere of Influence is defined by California Government Code 56076 as a plan for the probable physical boundaries and service area of a local agency; and WHEREAS, pursuant to Government Code 56425 the Sphere of Influence has been identified by the County of San Luis Obispo and the City of San Luis Obispo as shown in Exhibit A and WHEREAS, the Act further requires that a Municipal Service Review be completed prior to or, in conjunction with, the update of a Sphere of Influence in accordance with Section 56430 of the California Government Code as a means of identifying and evaluating public services provided by the City of San Luis Obispo and changes to the City's Sphere of Influence; and WHEREAS, a Municipal Service Review as described above has been completed and shall be considered by LAFCO when establishing the City's Sphere of Influence; and WHEREAS; the City and County have reached agreement regarding the boundaries (Exhibit A), development review standards and procedures (Exhibit B) of the Sphere of Influence to ensure the orderly and logical development of these areas; and WHEREAS, the City's General Plan provides a clear policy base for growth and development in the Sphere of Influence areas and defines policies and programs that the City will implement to ensure the preservation of the agricultural land, open space and the rural character Memorandum of Agreement 1 City of San Luis Obispo and County of San Luis Obispo of San Luis Obispo; and WHEREAS, the County's General Plan goals in Framework for Planning and the San Luis Obispo Area Plan call for Community Separators to provide for a community's distinctive identity and preserve the rural character of the areas between and on the fringes of communities and cities and WHEREAS, the City and County intend to cooperate regarding growth.and development on the urban fringe of the City and in the referral area shown in Exhibit C; and WHEREAS, LAFCO is required by Government Code 56425 (b) to give great weight to this agreement in making the final determination regarding the City's Sphere of Influence. NOW, THEREFORE, be it resolved that the parties agree as follows: 1. The Sphere of Influence boundary contained in Exhibit A provides for the orderly and logical growth for the City of San Luis Obispo and represents a potential 20 -year growth . boundary (2005 -2025) based on available information. 2. The development standards and zoning requirements contained in Exhibit B provide a framework for completing updates to the General Plans of both the City and the County for the areas in the Sphere of influence. 3. The development standards and zoning requirements contained in Exhibit B are intended to provide the City and the County with the basis for developing specific land use policies and standards for the areas in the City of San Luis Obispo Sphere of Influence and do not supersede or limit the planning or environmental review process of either jurisdiction. 4. The City's and County's General Plan policies including those found in Exhibits D and E shall be used to guide the logical and orderly development of the Sphere areas while preserving agricultural and open space lands. Memorandum of Agreement 2 City of San Luis Obispo and County of San Luis Obispo / I Mayor, City of San Luis Obispo APPROVED AS TO FORM AND LEGAL EFFECT: City-AtfoXmey Dated: /-1 c L— . / 2 Z �' S ATTEST: 17 3 ; G City Clerk Dated: !UG i Memorandum of Agreement 3 City of San Luis Obispo and County of San Luis Obispo C- Chairman, Board of Supervisors County of San Luis Obispo APPROVED AS TO FORM AND LEGAL EFFECT: County Counsel Dated: ATTEST: County Clerk Memorandum of Agreement 4 City of San Luis Obispo and County of San Luis Obispo EXHIBIT A SPHERE OF INFLUENCE BOUNDARY MAP City of San Luis Obispo Sphere of influence City Council Approval August 23, 2005 City Unit 00o EAsting Sphere of bdbrence city Conrail Adlfitioraa ® City Comal Exdusians e�o�• Urban Reserve Lim ®v Greedrdt 9 Exclude V 1 e C. s.. L.f. �: ®i0aeo ® ®_�_. _ 0e L0VN1 07 01 C PlarsAlrit. *3 H arm eny (Excluded) /d Ru 21 (6[elnde $i) rll AWii 06 Broad St. Memorandum of Agreement 5 City of San Luis Obispo and County of San Luis Obispo C EXHIBIT B DEVELOPMENT STANDARDS AND ZONING REQUIREMENTS The following development standards and zoning requirements are agreed to and shall be used by the City of San Luis Obispo and the County of San Luis Obispo to develop specific land use policies and standards within the proposed Sphere of Influence as shown in Exhibit A and to update their General Plans. 1. Intent. It is the intent of the County and the City to work cooperatively towards the goal of developing the agreed upon Sphere of Influence (as shown in Exhibit A) in an orderly and logical manner consistent with the Cortese/Knox/Hertzberg Act, the City and County General Plans, the California Environmental Quality Act and any other applicable laws and regulations. 2. Impact Mitigation. In evaluating any development, the agency considering approval (City or County) should rely solely on its ability to provide the required services to that development. The City and the County shall not presume any services will be provided by the other agency without documenting that such services will be provided.. Development/mitigation fees needed to offset the impacts from projects approved by either jurisdiction in the Referral Area (Exhibit C) shall be collected and distributed in a fair and equitable manner. These fees may be paid to the City and/or the County in proportion to the location and degree of project impacts; however the total fees paid shall not exceed the cost to mitigate the specific project impact. Mitigation to offset significant impacts to fire, law enforcement, emergency medical services, water and wastewater treatment services, roads and streets; other public services, and housing, shall be incorporated into the conditions of approval for projects on a case by case basis. Documentation shall be provided that identifies the project's fiscal, infrastructure, housing, and services impacts to both the City and the County and shall be considered as part of the development review process. The documentation shall be used to prepare conditions of approval and to allocate impact fees where allowable and as appropriate. 3. Fire, Emergency Medical and Law Enforcement Services. Costs associated with fire, emergency medical and law enforcement services shall be given special attention. Memorandum of Agreement 6 City of San Luis Obispo and County of San Luis Obispo i The County and City Planning Staff shall meet with the City's Police and Fire Chief and the County Sheriff and Fire Department Chief regarding development in the unincorporated areas that would impact the emergency response service levels. The purpose of this meeting is to identify and discuss fiscal impacts of development related to emergency services, service delivery impacts of development on the fringe, and appropriate mitigation measures. 4. Interagency Cooperation. The City and the County shall work cooperatively to plan for future land uses and public services and facilities to improve and maintain area circulation connections, and to preserve agricultural land and open space. The County and City will consider the creation and implementation of various assessment and financing mechanisms for the construction and maintenance of public improvements, such as roads, utilities, recreation and trail improvements, parks and open space, and similar improvements that could serve visitors and residents of the City and the County. Discretionary development projects and General Plan Amendments within each agency's jurisdiction shall be referred to the other for review and comment prior to action on a development proposal: The County shall seek the City's comments regarding these projects in the referral area map found in the County's San Luis Obispo Area Plan (Exhibit Q. The City shall seek the County's comments regarding projects that affect the unincorporated area found in Exhibit C: When a discretionary project application is accepted for processing, it shall be referred to the following contact person(s) for early review and comment: Division Manager, Long Range Planning County of San Luis Obispo Department of Planning and Building County Government Center San Luis Obispo; CA 93408 Community Development Director City of San Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, CA 93401 -3249 This provision shall not supersede other methods of commenting or providing feedback regarding a proposal or project. 5. Sphere of Influence. The County. shall, to the extent legally possible, limit development within the City's Sphere of Influence (SOI) to those uses allowed by the County General Plan. The County shall give the great weight to the City's General Plan policies when reviewing development in the City's Sphere of Influence. a. City Review. For projects submitted to the County for consideration, as part of Memorandum of Agreement 7 City of San Luis Obispo and County of San Luis Obispo i the pre - application meetings and as part of processing the application, the County shall request written documentation that indicates the City Council's position regarding annexation into the City. This documentation shall be provided by the City in a timely manner that does not delay the County's processing of the land use application. During this time, the County shall continue to process the land use application as required under the law. b. Development Review Coordination. Projects proposed within the referral area shown in Exhibit C, and subject to an Initial Study under CEQA, shall cause the City and County representatives to request a meeting prior to completion of the Initial Study. The purpose would be to discuss the City's and County's General Plan policies with regard to the project and to identify any key issues that may need special attention during the CEQA process. 6. Agriculture and Open Space. The City and the County shall work together to preserve the agricultural and open space resources in the SOI area using the City's Greenbelt and Open Space policies and the County's Agriculture and Open Space Policies, including the transfer development credit program as appropriate. The criteria contained in the County's Agriculture and Open Space Element, particularly Agricultural Policies 17 and 24 (Exhibit D), and the pertinent policies in the City's General Plan shall be addressed in the preparation of any land use entitlements and Environmental Impact Reports. 7. General Plan Amendment. The City intends to complete environmental review; pre - zoning, pre - annexation, and any necessary pre - general plan amendment activities prior to or concurrent with an annexation proposal being processed by LAFCO. The County intends to complete any necessary amendments to its General Plan in the San Luis Obispo Area Plan to reflect the annexation of territory to the City of San Luis Obispo. 8. Zoning Requirements /Specific Plan. Prior to annexation, the City shall complete pre- zoning and environmental review consistent with its General Plan. CEQA review shall include analysis of issues, including but not limited to the following: a reliable and adequate water supply; sewer capacity, public services, cumulative traffic circulation, agricultural buffers, jobs- housing, use of transfer development credits, and affordable housing opportunities. Memorandum of Agreement 8 City of San Luis Obispo and County of San Luis Obispo EXHIBIT C SAN LUIS OBISPO AREA PLAN - PROJECT REFERRAL MAP Hevised 5/2 /iyY I I 1 I LEGEND 0 Agriculture �. 4 0 Rural Lands �- Recreation Residential Rural Residential Suburban Residential Single Family z Residential Multi Family Office / Professional a�'aTM u Commercial Retail • Commercial Service r_ Industrial Public Facility — .. -- - -- © Open Space o u I � r v � i I San Luis Obispo _. _ +_ Urban Reserve Area a 1 y I • I I ' 1 I Gd t � O c o Los Ranchos/Edna I - Village Reserve Area i -- - -- ---- - -- - -- _...._ . Project Referral Boundary Memorandum of Agreement 9 City of San Luis Obispo and County of San Luis Obispo O EXHIBIT D COUNTY'S AGRICULTURAL -OPEN SPACE ELEMENT Policy #17: Agricultural Buffers Policy #24: Conversion of Agricultural Land Memorandum of Agreement 10 City of San Luis Obispo and County of San Luis Obispo EXHIBIT E CITY OF SAN LUIS OBISPO GENERAL PLAN POLICIES GROWTH MANAGEMENT POLICIESt LU 1.3: Urban Edges Character The boundary between San Luis Obispo's urban development and surrounding open land should be clear. Development just inside the boundary shall provide measures to avoid a stark- appearing edge between buildings in the city and adjacent open land. Such measures include: using new or existing groves or windrows of trees, or hills or other landforms, to set the edge of development; increasing the required side -yard and rear -yard setbacks. LU 1.6: City Size and Expansion LU 1.6.1: Urban Reserve The City shall have an urban reserve line containing the area around the City where urban development might occur (Land Use Element Map and Figure 2). Urban uses within this line should be developed according to City- approved plans, consistent with this element. Non -urban agricultural, open space, and wildlife corridor uses are also encouraged within the urban reserve, as interim or permanent uses shown on City - approved plans. LU 1.7: Greenbelt LU 1.7.1: Open Space Protection Within the City's planning area and outside the urban reserve line, undeveloped land should be kept open. Prime agricultural land, productive agricultural land, and potentially productive agricultural land should be protected for farming. Scenic lands, sensitive wildlife habitat, and undeveloped prime agricultural land should be permanently protected as open space. LU 1.7.2: Greenbelt Uses Appropriate greenbelt uses include: watershed; wildlife habitat; grazing; cultivated crops; parks and outdoor recreation (with minimal land or landscape alteration, building, lighting, paving, or use of vehicles, so rural character is maintained); and home sites surrounded by land of sufficient size and appropriately located with respect to topography and vegetation to maintain the open character.. LU 1.8: Prime Agricultural Land LU 1.8.1: Agricultural Protection It is the City's policy to encourage preservation of economically viable agricultural operations and land within the urban reserve and city limits. The City should provide for the continuation of farming through steps such as provision of appropriate general plan designations and zoning. LU 1.8.2: Prime Agricultural Land Development of prime agricultural land may be permitted, if the development contributes to the protection of agricultural land in the urban reserve or greenbelt by one or more of the following methods, or an equally effective method: acting as a receiver site for transfer of development credit from prime agricultural land of equal quantity; securing for the City or for a suitable land conservation organization open space easements or fee ownership with deed restrictions; helping to directly fund the acquisition of fee ownership or open space easements by the City or a suitable land conservation organization. Development of small parcels which are essentially surrounded by urbanization need not contribute to agricultural land protection. LU 1.13: Annexation and Services LU 1.13.1: Water & Sewer Service The City shall not provide nor permit delivery of City water or sewer services to the following areas. However, the City will serve those parties having valid previous connections or contracts with the City. A) Outside the City limits; 13) Outside the urban reserve line; Memorandum of Agreement I I City of San Luis Obispo and County of San Luis Obispo (�l C) Above elevations reliably served by gravity -flow in the City water system; D) Below elevations reliably served by gravity -flow or pumps in the City sewer system. LU 1.13.2: Annexation Purpose and Timing Annexation should be used as a growth management tool, both to enable appropriate urban development and to protect open space. Areas within the urban reserve line which are to be developed with urban uses should be annexed before urban development occurs. The City may annex an area long before such development is to occur, and the City may annex areas which are to remain permanently as open space. An area may be annexed in phases, consistent with the city- approved specific plan or development plan for the area. Phasing of annexation and development will reflect topography, needed capital facilities and funding, open space objectives, and existing and proposed land uses.and roads. LU 1.133: Required Plans Land in any of the following annexation areas may be developed only after the City has adopted a plan for land uses, roads, utilities, the overall pattern of subdivision, and financing of public facilities for the area. The plan shall provide for open space protection consistent with LU policy 1.13.5. A) For the Airport area, a specific plan shall be adopted for the area. Until a specific plan is adopted, properties may only be annexed if they meet the following criteria: 1) The property is contiguous to the existing city limits; and 2) The property is within the existing urban reserve line; and 3) The property is located near to existing infrastructure; and 4) Existing Infrastructure capacity is available to serve the proposed development; and 5) A development plan for the property belonging to the applicant(s) accompanies the application for annexation; and 6) The applicant(s) agree to contribute to the cost of preparing the specific plan and constructing area -wide infrastructure improvements according to a cost sharing plan maintained by the City. B) For the Orcutt expansion area, a specific plan shall be adopted for the whole area before any part of it is annexed. C) For the Margarita Area, annexation may occur following the City Council's 1998 approval of a draft specific plan as the project description for environmental review. Except for City parks or sports fields, further development shall not occur until the City has completed environmental review and adopted a specific plan. City parks or sports fields may be developed before the specific plan is adopted, if environmental review for the park or sports field has been completed, and if the park or sports field is consistent with the General Plan and the draft specific plan most recently endorsed by the City Council. Private properties that are annexed before the specific plan is adopted shall be zoned Conservation/Open Space upon annexation, and shall be zoned consistent with the specific plan when it is adopted. D) For any other annexations, the required plan may be a specific plan, development plan under "PD" zoning, or similar development plan covering the entire area. LU 1.13.4; Development and Services Actual development in an annexed area may be approved only when adequate City services can be provided for that development, without reducing the level of services or increasing the cost of services for existing development and for build -out within the City limits as of July 1994, in accordance with the City's water management policies. Water for development in an annexed area may be made available by any one or any combination of the following: A) City water supply, including reclaimed water; B) Reducing usage of City water in existing development so that there will be no net increase in long -term water usage; C) Private well water; but only as an interim source, pending availability of an approved addition to City water sources, and when it is demonstrated that use of the well water will not diminish the City's municipal groundwater supply. LU 1.13.5: Open Space Each annexation shall help secure permanent protection for areas designated Open Space, and for the habitat types and wildlife corridors within the annexation area that are identified in LU Policy 6.1. L. Policies concerning prime agricultural land shall apply when appropriate. The following standards shall apply to the indicated areas: A) Irish Hills Area properties shall dedicate land or easements covering an area in the hills at least equal to the area to be developed. B) Margarita Area properties shall dedicate land or easements covering-the hills above the elevation designated in the hillside planning section and riparian and wetlands areas as identified in the Open Space Element. Memorandum of Agreement 12 City of San Luis Obispo and County of San Luis Obispo C) Orcutt Area properties shall dedicate land or easements covering the Santa Lucia foothills and Mine Hill, as identified in the Open Space Element. D) Airport Area properties shall secure protection for any on -site resources as identified in the Open Space Element. These properties, to help maintain the greenbelt, shall also secure open space protection for any contiguous, commonly owned land outside the urban reserve. If it is not feasible to directly obtain protection for such land, fees in lieu of dedication shall be paid when the property is developed, to help secure the greenbelt in the area south of the City's southerly urban reserve line. E) Dalidio Area properties (generally bounded by Highway 101, Madonna Road, and Los Osos Valley Road) shall dedicate land or easements for the approximately one -half of each ownership that is to be preserved as open space. F) Foothill Annexation: The northern portion of the Foothill property (Open Space Element Site Map, Site #3) and the creek area shall be annexed as open space. Development on this site should be clustered or located near Foothill Boulevard, with the northern portion of the site and the creek area preserved as open space. G) Other area properties, which are both along the urban reserve line and on hillsides, shall dedicate land or easements for about four times the area to be developed (developed area includes building lots, roads, parking and other paved areas, and setbacks required by zoning). LU 6.1: Open Space Policies LU 6.14: Open Space and Greenbelt Designations The City shall designate the following types of land as open space: A) Upland and valley sensitive habitats or unique resources, as defined in the Open Space Element, including corridors which connect habitats. B) Undeveloped prime agricultural soils which are to remain in agricultural use as provided in LU Policy 1.8.2. C) Those areas which are best suited to non -urban uses due to: infeasibility of providing proper access or utilities; excessive slope or slope instability; wildland fire hazard; noise exposure; flood hazard; scenic value; wildlife habitat value, including sensitive habitats or unique resources as defined in the Open Space Element; agricultural value; and value for passive recreation. D) A greenbelt, outside the urban reserve, that surrounds the ultimate boundaries of the urban area, and which should connect with wildlife corridors that cross the urbanized area. E) Sufficient area of each habitat type to ensure the ecological integrity of that habitat type within the urban reserve and the greenbelt, including connections between habitats for wildlife movement and dispersal; these habitat types will be as identified in the natural resource inventory, as discussed in the "Background to this Land Use Element Update" and in Community Goal #8. Public lands suited for active recreation will be designated Park on the General Plan Land Use Element Map. The City may establish an agricultural designation. LU 6.2: Hillside Policies LU 6.2.0: Hillsides As discussed in the open space section, San Luis Obispo wants to keep open its steeper, higher, and most visible hillsides. Some of the lower and less steep hillside areas, however, are seen as suitable for development, particularly where development is coupled with permanent open space protection of the more sensitive areas. This section focuses on where and how some hillsides may be developed. The City establishes comprehensive standards and policies for hillside development for the following reasons: A) To protect and preserve scenic hillside areas and natural features such as the volcanic Morros, ridge lines, plant communities, rock outcroppings and steep slope areas that function as landscape backdrops for the community. B) To set the limits of commercial and residential development in hillside areas by establishing a permanent open space greenbelt at the edge of the community. C) To protect the health, safety and welfare of community residents by directing development away from areas with hazards such as landslides, wildland fires, flooding and erosion. LU 6.2.1: Development Limits Hillsides planning areas should have carefully chosen development limit lines, and special design standards for the areas which can be developed. The location of the development limit and the standards should cause development to avoid encroachment into sensitive habitats or unique resources as defined in the Open Space Element, and public health and safety problems related to utility service, access, wildland fire hazard, erosion, flooding, and landslides Memorandum of Agreement 13 City of San Luis Obispo and County of San Luis Obispo and other geologic hazards. Also, the development limit line and the standards should help protect the City's scenic setting. The precise locations of the development limit line and the urban reserve line are shown on documents on file at the City's Community Development Department; these are part of the Land Use Element. LU 6.2.2: Development Standards Development - including buildings, driveways, fences and graded yard areas - on hillside parcels shall: A) Be entirely within the urban reserve line or development limit line, whichever is more restrictive (though parcel boundaries may extend beyond these lines when necessary to meet minimum parcel -size standards), unless one of the following three exceptions applies. 1) A location outside the urban reserve line or development limit line is necessary to protect public health and safety. 2) New.wireless telecommunication facilities may be appropriate on South Street Hills inside the three -acre leasehold already developed with commercial and municipal radio facilities, subject to use permit approval and architectural review and approval. Applicants shall comply with all other provisions of .this section, and demonstrate that (a) new facilities will not individually or additively interfere with City radio equipment necessary for emergency response coordination, and (b) will not cause on -site radio frequency radiation levels to exceed exposure standards established for the general public by the 3) Where a legally built dwelling exists on a parcel which is entirely outside the urban reserve line or development limit line, a replacement dwelling may be constructed subject to standards B through H below. B) Keep a low profile and conform to the natural slopes; C) Avoid large, continuous walls or roof surfaces, or prominent foundation walls, poles, or columns; D) Minimize grading of roads; E) Minimize grading on individual lots; generally, locate houses close to the street; minimize the grading of visible driveways; F) Include planting which is compatible with native hillside vegetation and which provides a visual transition from developed to open areas; G) Use materials, colors, and textures which blend with the natural landscape and avoid high contrasts; H) Minimize exterior lighting. LU 6.2.3: Parcels Crossing the Limit Lines Before development occurs on any parcel which crosses the urban reserve or development limit lines, the part outside the lines shall be protected. as permanent open space. LU 6.2:4: Development Credit Transfer Any residential development credit obtained from Open Space designations outside the urban reserve line or development limit line should be transferred to land inside the lines. LU 6:2.5: Homesites Outside the Limit Lines Where homesites are to be developed outside the urban reserve or development limit lines, and beyond the City's jurisdiction, they should: A) Be on land sloping; less than 15 percent; B) Have effective emergency- vehicle access from a City street or County road; C) Be on a geologically stable site; D) Have adequate water supply for domestic service and fire suppression; E) Avoid areas with high wildland fire hazard; F) Be next to existing development; G) Avoid significant visual impacts. 'Policies from the City of San Luis Obispo General Plan Digest, Land Use Element, 2005 Memorandum of Agreement 14 City of.San Luis Obispo and County of San Luis RESOLUTION NO. 9728 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ALLOWING FOR THE PAYMENT OF A FEE IN-LIEU OF DEDICATING OPEN SPACE AS REQUIRED BY THE AIRPORT AREA SPECIFIC PLAN WHEREAS, the City General Plan (Land Use Element Policies LU 2.3 and LU 2.3.1) requires the preparation of a specific plan for the Airport Area prior to annexation and further development, and sets specific requirements for information to be included in the Plan; and WHEREAS, the City General Plan includes policies for greenbelt protection including Land Use Element Policy 7.4, which says that an Airport Area annexation shall not take effect unless the annexed area helps protect an appropriate part of the greenbelt near the Airport Area either by dedicating open space or by paying an in -lieu fee, which shall be used to secure greenbelt open space; and WHEREAS, the Final Program Environmental Impact Report for the Airport Area and Margarita Specific Plans and Facilities Master Plans identifies conversion of prime agricultural land as a significant and unavoidable impact of the project (Impact LU -5), and requires mitigation for this impact in the form of dedications of open space land at a ratio of 1:1, or the payment of an in -lieu fee (Mitigation Measure LU -5.1); and WHEREAS, based on recent negotiations for such open space acquisitions in the area south of the Airport staff has determined that the in -lieu fee should be set at $2,500 per acre, which is an amount sufficient to allow the City to acquire greenbelt open space at a ratio of at least 1:1; and WHEREAS, staff has determined that the most effective and efficient manner for collecting an in -lieu fee is through the construction permit process, which provides appropriate accounting and tracking measures to ensure full payment of the required fees; and WHEREAS, on June 14, July 26, and August 23, 2005, the Council held public hearings to consider the recommendations staff, and to consider the Specific Plan text which incorporates the open space dedication requirements; and WHEREAS, the Council has duly considered all evidence, including the testimony of interested parties, and the evaluation and recommendations of the Planning Commission and staff, presented at said hearings. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The open space in -lieu fee for Airport Area development shall be as follows: A. New floor area shall mean the gross floor area, measured in square feet, of a development project, minus any existing floor area that is eliminated by the proposed project. R9728 n Resolution No. 9728 (2005 Series) Page 2 B. Development in'the Airport Area that has not met its open space dedication requirement through provisions of a pre - annexation agreement established prior to this resolution, or through the dedication of open space land, or conservation easements, in a manner consistent with Land Use Element Policy 7.4, shall pay an in -lieu fee as calculated below per 1,000 square feet of new floor area: •. .. 6-60 Fee Per KSF Business Park $390 Service Commercial 574 -Maunfacturing 522 C. Development projects that dedicate land to satisfy a portion of their open space dedication requirement shall pay a pro -rated share of the in -lieu fee. D. Fees shall be assessed based on the application date of the building permit application and collected with building permit issuance. On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following roll call vote: AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was passed and adopted this 23`d day of August 2005. Mayor David F. Romero ATTEST: lg.'( Lh Audrey Ho o r City Clerk Resolution No. 9728 (2005 Series) Page 3 APPROVED AS TO FORM: Jong n Lowell City Attorney M c�D ;� .� .� C C RESOLUTION NO. 9727 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING DEVELOPMENT IMPACT FEES IN THE AIRPORT AREA FOR TRANSPORTATION IMPROVEMENTS AND PLAN PREPARATION WHEREAS, the Council adopted the Airport Area Specific Plan on August 23, 2005 following extensive public hearings by the Planning Commission and Council; and WHEREAS, Chapter 8 (Public Facilities Financing) of the Airport Area Specific Plan provides a detailed description of the transportation improvements needed to .serve this area (including plan preparation) and their costs, along with the method of apportioning these costs between types of development; and WHEREAS, the development impact fees adopted by this resolution, .which are set forth in Exhibit A attached hereto, are the same as those included in the approved Airport Area Specific Plan; and WHEREAS, the Council held a public hearing on August 23, 2005 to consider proposed fees in funding improvements needed to serve new development in the Airport Area; and WHEREAS, the Community Development Director has determined that the provisions of this resolution are exempt from the provisions of the California Environmental Quality Act pursuant to Article 18 of the California Environmental Quality Act Procedures and Guidelines; and WHEREAS, the proposed fees comply with the provisions of Section 66000 of the Government Code (AB 1600). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION A. FINDINGS 1. The purpose of these area- specific fees is to implement the goals and objectives of the City's General Plan and the Airport Area Specific Plan, to meet the public facility needs of the Airport Area and to mitigate the impacts of new development in this area, by providing a financing method for the construction and purchase of certain transportation improvements and plan preparation. The Council has determined that impact fees are needed in order to finance these facilities and improvements and to pay for new development's fair share in the Airport Area of the construction or purchase costs of these facilities and improvements. In establishing the fees described in the following sections, the Council has found these fees to be consistent with the City's General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the said General Plan Land Use Element. R9727 Resolution No. 9727 (2005 Series) Page 2 2. Area- specific development impact fees in the Airport Area, whose boundaries shall be as defined in the Airport Area Specific Plan, are hereby established as a condition of any new development for which any of the following approvals or permits is required: a. Approvals of land divisions pursuant to Title 16 of the San Luis Obispo Municipal Code, including approval of lot line adjustments, certificates of compliance, parcel maps, tract maps and condominium conversions. b. Land use approvals pursuant to Title 17 of the San Luis Obispo Municipal Code, including rezonings or the approval of development plans, site plans, minor use permits, variances, but excepting approval of San Luis Obispo General Plan/Land Use Ordinance amendments. C. Issuance of any occupancy permit or final building inspection. d. All other approvals of real property development, which approvals are subject to the jurisdiction of the City of San Luis Obispo and which approvals are subject to the exercise of the discretion of the Council, Planning Commission or Community Development Director. For purposes of this resolution, new development includes any change of use or occupancy which increases the traffic service requirements of a development. 3. There is a reasonable relationship between the types of development on which these impact fees are imposed, and the use of these impact fees and the need for the facilities and improvements. 4. There is a reasonable relationship between the amount of these fees and the cost of the facilities and improvements attributable to the developments on which these fees are imposed. The estimated costs of facilities and improvements, including financing costs, to be paid for by these fees is shown in Chapter 8, Public Facilities Financing, of the Airport Area Specific Plan. These costs have been allocated to new development on the basis of building square footage for non - residential uses, which are reasonably related to the transportation and plan preparation needs of a development project in the Airport Area. 5. The fees collected pursuant to this resolution shall be used only to pay for facilities and improvements identified in the impact fee analysis and shall not be in lieu of any other fee or tax as may otherwise be required by City ordinances, policies, rules, regulations and procedures. SECTION B. AMOUNT OF IMPACT FEES Effective November 1, 2005, area- specific fees shall be in the amounts set forth in Exhibit A attached hereto. Unless otherwise acted upon by the Council, the amount of the fees will automatically be adjusted on July 1 of each year by the annual percentage change in the U.S. Bureau of Labor Statistics consumer price index for all urban consumers (CPI -U), all- cities average for the prior calendar year. C Resolution No. 9727 (2005 Series) Page 3 0 SECTION C. ONGOING REVIEW OF COST ESTIMATES 1. At any time that the actual or estimated costs of facilities identified in the impact fee analysis changes, the Director of Finance & Information Technology (Director) shall review the impact fees and determine whether the change affects the amount of the impact fees. If the impact fees are significantly affected, the Director shall, within thirty (30) days, recommend to the Council a revised fee for their consideration. 2. At least once every five years, the Council will review the basis for these area - specific impact fees to determine whether: they are still reasonably related to the impacts of development; the facilities and improvements for which the fees are charged are still needed; and the cost estimates are still valid. SECTION D. TIME OF PAYMENT 1. As provided in Government Code Section 66007(b), the area- specific fees set forth in Exhibit A shall be payable prior to issuance of building permits required for that development and shall be collected by the Building Official. 2. For any development project or portion thereof, impact fees shall be assessed at the time of application and remain valid for as long as the application is proceeding through valid processing as per the Uniform Administrative Code. SECTION E. DETERMINATION OF LAND USE CATEGORY All determinations regarding the appropriate classification of development applications by land use category shall be made by the Community Development Director. SECTION F. EXEMPTIONS The fees established under this resolution do not apply to the following: 1. Other government agencies. 2. That portion of a structure which existed before the addition of dwelling units or the enlargement of floor area in a non - residential structure. If a structure is destroyed or demolished, and replaced within two years from the date of demolition, the impact fees shall be based on the service requirements of the new development less the service requirements of the development which it replaced. SECTION G. APPLICANT CONSTRUCTION OF FACILITIES If the applicant for approval of any development project is required by the City, as a condition of approval, to construct facilities whose cost has been used in the calculation of impact fees which apply to that project, the applicant shall receive a credit for that portion of the total fees otherwise payable that are attributable to those facilities. If the credit exceeds the r� Resolution No. 9727 (2005 Series) Page 4 �I'D amount of the impact fees due on the development, a reimbursement agreement with the applicant shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. SECTION H. LIMITED USE OF FEES The revenues raised by payment of these fees shall be placed in a separate account along with any interest earnings on that account, and shall be used solely to: 1. Pay for the design and construction, including construction management, of improvements set forth in the Airport Area Specific Plan, or to reimburse the City for funds advanced from other sources to pay for said design and construction. 2. Reimburse developers who have been required or permitted to install portions of said facilities or improvements. SECTION I. FEE ADJUSTMENTS 1. Each development is independent and no reductions to impact fees will be transferable to another development nor will an excess be refunded. 2. Any person whose new development is subject to these impact fees may appeal to the Council for a reduction or adjustment of those fees, or a waiver of those fees, based on the absence of any reasonable relationship between the impacts of that new development and either the amount of the fees or the type of facilities or improvements funded by the fees. The appeal shall be made in writing and filed with the City Clerk, together with any required appeal fee, within ten (10) days following notification that the fee is to be imposed. The appeal shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The Council shall consider the appeal at an appeal hearing to be held within sixty (60) days after the filing of the appeal. The hearing may be continued from time to time. The decision of the Council on the appeal shall be final. If a reduction, adjustment or waiver is granted, any change in the permitted type or intensity of land use within the approved development project shall invalidate the reduction, adjustment or waiver of the fee. SECTION J. UNEXPENDED IMPACT FEE REVENUES 1. Notwithstanding Section C.2, whenever any impact fee, or portion of an impact fee, remains unexpended or uncommitted five (5) or more years after payment of the fee, the Council shall make findings once each fiscal year with respect to the unexpended amount. The Council shall identify the purpose for which the fee is to be used, and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The findings required by this section need be made only for monies in the possession of the City, and need not be made with respect to any letters of credit, bonds or other items given to secure payment of the fee at a future date. c Resolution No. 9727 (2005 Series) Page 5 2. The City shall refund to the then - current owner or owners of the new development project or projects, on a prorated basis, the unexpended or uncommitted portion of the impact fees for which need cannot be demonstrated pursuant to this section. The City may refund the unexpended or uncommitted revenue by direct payment, by providing a temporary suspension of impact fees or by any other means consistent with the intent of this section. The determination of the means by which those fees are to be refunded is a legislative act. 3. If the Council determines that the administrative costs of refunding unexpended or uncommitted impact fees pursuant to this section exceed the amount to be refunded, the Council, after a public hearing, notice of which has been published pursuant to Section 6061 of the California Government Code and posted in three prominent places within the area of the new development project, may determine that the said fees shall be allocated for some other purpose for which impact fees are collected and which serves the new development project on which the fees were originally imposed. SECTION K. SEPARATE ACCOUNTS The Director will deposit fees collected under this resolution in separate accounts as required by Government Code Section 66006. Within 180 days of the close of each fiscal year, the Director will make available to the public an accounting of these fees, and the Council shall review that information at its next regular public meeting. Upon motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following roll call vote: AYES: Council Member Brown and Settle, Vice Mayor Ewan and Mayor Romero NOES: Council Member Mulholland ABSENT: None the foregoing resolution was adopted on August 23, 2005. Mayor David F. Romero ATTEST: Audrey Ho er City Clerk C, O Resolution No. 9727 (2005 Series) Page 6 APPROVED AS TO FORM: tomdKan P. Lowell City Attorney 0 Resolution No. (2005 Series)' Page 7 EXHIBIT A AIRPORT AREA DEVELOPMENT IMPACT FEES Transportation Improvements and Plan Preparation Effective November 1, 2005 .. rt Area- Spec Hic fees Transportation Plan Improvements Preparation Total Non-Residential: Per l OOQSquare Feet_ ... Business.Park $3,819 $77 $3,896 Service Commercial 2,875 113 2,988 Manufacturing 572 103 675 c.��` � � �- c��r2�G 0 0 RESOLUTION NO. 9726 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE AIPRORT AREA SPECIFIC PLAN, AMENDING THE GENERAL PLAN LAND USE MAP, AND ADOPTING FINDINGS OF SIGNIFICANT ENVIRONMENTAL EFFECTS AND MITIGATION MEASURES OF THE PROPOSED PROJECT INCLUDING FINDINGS OF OVERRIDING CONSIDERATION (APPLICATION NO. SP, GP/R, ER 116 -98) WHEREAS, the City General Plan (Land Use Element Policies LU 2.3 and LU 2.3.1) requires the preparation of a specific plan for the Airport Area prior to annexation and further development,. and sets specific requirements for information to be included in the Plan; and WHEREAS, the City of San Luis Obispo General Plan contains general goals and policies relating to growth and development in the Airport Area, which may be implemented in a variety of ways, including the specific plan procedure as outlined by California State Law (State Government Code 65450 et.seq.); and WHEREAS, the City of San Luis Obispo, with the participation of property owners, citizens, public agencies, and other interested parties, has prepared a draft specific plan for the Airport Area pursuant to the General Plan and the State Government Code and WHEREAS, on March 9, 2005, and again on April 13, 2005, the Planning Commission held a public hearing to consider the recommendations 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 April 13, 2005, the Planning Commission recommended that the City Council adopt the Specific Plan with findings of significant environmental effects, mitigation measures and findings of overriding considerations; and WHEREAS, on June 14, July 26, and August 23, 2005, the City Council held public hearings 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 Zoning Map to implement the Specific Plan; and WHEREAS, the California Government Code requires that a specific plan be consistent with the City's General Plan; and WHEREAS, as a result of its deliberations, the City Council has decided to adopt the Airport Area Specific Plan. R 9726 C' o Resolution No. 9726 (2005 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, the following: SECTION 1. EIR Findings. The City Council hereby adopts findings of significant environmental effects, including findings for a Statement of Overriding Considerations, for the Final Program Environmental Impact Report for the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans (September 2003), as listed in Exhibit "A ", with the incorporation of the mitigation measures and monitoring programs outlined in Exhibit `B ", and based on the following findings: 1. The Final Program EIR was prepared in compliance with the California. Environmental Quality Act (CEQA) and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. The Mitigation Monitoring Program has been reviewed and approved by the Planning Commission and the City Council in conjunction with the recommendation for certification of the Final Program EIR. 4. For each significant effect identified in the Final Program EIR under the categories of Land Use and Aesthetics, Hydrology and Water Quality, Traffic and Circulation, Air Quality, Noise, Hazardous Materials, Public Services, Cultural Resources and Cumulative Impacts, the approved mitigation measures contained in the EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. 5. There are seven impacts identified in the EIR that, even after mitigation, are considered significant and unavoidable: (1) Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses, (2) Impact LU -6: Change in Views, (3) Impact T -2 (Alternative 3): LOS in Excess of LOS D, (4) Impact .PS -1 (Alternative 3): Impacts on Water Supply and Distribution Facilities, (5) Impact PS -2 (Alternative 3): Impacts on Sewer Mains and Capacity, and Expansion of Treatment Facilities, (6) Impact PS -3 (Alternative 3): Impacts on Storm Drainage Capacity, and (7) Growth Inducement: The project would have a significant and unavoidable growth- inducing impact. These significant effects identified in the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all of the identified mitigation measures included in the Final Program EIR. Consequently, Council has adopted findings for the Statement of Overriding Considerations, as shown in Section 6 of Exhibit "A." SECTION 2. Specific Plan Approval. Pursuant to Sections 65450 through 65457 of the California Government Code and the City's General Plan, the City Council hereby approves the Planning Commission Draft of the Airport Area Specific Plan, subject to the following findings: 1. The specific plan is consistent with General Plan because it will direct all facets of future development of the Airport Area, including the distribution of land uses, the location and sizing of infrastructure, site planning, architectural guidelines, phasing, and the method of financing public improvements. The Specific Plan will provide for the type of growth Resolution No. 9726 (2005 Series) . Page 3 and development envisioned by the General Plan for the Airport Area. 2. All subjects required in a specific plan by the California Government Code and applicable City ordinances are appropriately and adequately covered. 3. The types and intensity of land uses are designed to be consistent with the SLO County Regional Airport Land Use Plan to ensure compatibility with airport operations. SECTION 3. Specific Plan Modifications. The Community Development Director shall cause the following changes to occur to the Planning Commission Draft of the Airport Area Specific Plan prior to its publication. 1. Figure 4 -1, Land Use Designations, shall be modified to reflect Alternative 3 as described in the Final EIR, with the URL to be held north of the land designated Agriculture, as shown in Exhibit C. All other AASP figures, tables and text shall be modified as necessary to reflect the boundaries and land use designations established by Figure 4 -1, Exhibit C. 2. The AASP shall be revised to reflect the changes requested by the Airport Land Use Commission, as shown in Exhibit D. 3. The Conservation chapter program regarding expansion of wetlands north of Tank Farm Road, which was previously deleted by the Planning Commission, shall be replaced as follows: Program 3.3.18: Expand the existing major wetland north of Tank Farm Road to the northwest and provide a suitable upland edge, in conjunction with redevelopment of the part of the Unocal property that contained company offices. 4. Standards 6.4.9.1 through 6.4.9.4 shall be revised to reduce the threshold for requiring participation in Transit Demand Management strategies from 50 employees to 25 employees. 5. Program 6.3.J shall be added to require development in the Airport Area to provide for transit facilities such as bus stops with turnouts, transit pads and shelters adjacent to new development as part of the development review process. 6. Mitigation Measure PS -1.1 shall be implemented by adding Policies 7.2.1 and 7.3.1 to require development south of the 1994 URL and east of the airport to submit an engineering feasibility study for water and wastewater service. 7. Goal 4.1.11: Agricultural Buffers shall be added as follows: Preservation of agricultural land and open space for on -going agricultural uses. This is accomplished through the provision of buffers on urban land so land use conflicts are diminished. 8. Policy 4.2.7: Agriculture shall be as follows: Areas designated Agriculture are intended to encourage conservation of agricultural lands and continuation of agricultural uses and keeping of livestock where compatible with urban development. The sites designated as Resolution No. 9726 (2005_ Series) Page 4 Agriculture in the Airport Area have historically been used for agricultural uses and are bordered by agricultural buffers on the parcels being developed with urban uses to insure compatibility between the uses. 9. Figure 6 -7 shall be deleted and Standards 6.4.2.1 through 6.4.2.4, and Figure 6 -6 shall be revised to identify Tank Farm Road as an urban road with a continuous 4 -lane section. 10. Figures 6 -8 and 6 -9, and Table 4.7 (Setback Standards), shall be revised to require setbacks for all physical improvements along Buckley Road in order to allow for the roadway to be widened to four lanes in the future, if such widening becomes necessary. Figure 6 -10 shall be deleted. 11. Policy 4.5.1 regarding the Cluster Development Zone shall be revised as follows: The AASP shall meet the open space requirements of the ALUP, and the area shown in the Figure 4 -5 shall be maintained in a manner that qualifies the area as a Cluster Development Zone (CDZ), to the approval of the Airport Land Use Commission. Figure 4 -5 shall be revised as shown in Exhibit E. 12. Policy 4.5.2 regarding Airport Compatible Open Space on the Avila Ranch property shall be revised as follows: The agricultural buffer along the southwest boundary of the Avila Ranch and Airport Area shall be maintained as Airport Compatible Open Space (A COS), per the requirements of the ALUP. 13. The second sentence of Section 7.4 shall be revised to provide encouragement for all forms of alternative energy production as follows: Although there are no area -wide plans for wind, geothermal, solar or biomass energy production, development of such energy resources should be encouraged where feasible and consistent with the City's Conservation and Open Space Element. 14. All required mitigation measures from the Final E1R that have not been directly incorporated into the Specific Plan shall be included in an Appendix of the Specific Plan, as shown in Exhibit F, and references to the appendix shall be made in the AASP where appropriate. 15. Footnote #1 to Table 4.3 (AASP Page 4 -19) shall be revised to include the following statement: Floor area limitations shall not apply to bank headquarters. 16. Table 4.4, Parcel Dimensions, shall be revised to include footnote (c), as follows: Common interest subdivisions are permitted subject to the requirements of the City's Subdivision Regulations. 17. References to the Unocal Collector road, including the Primary Circulation Plan (Figure 6 -1), shall be revised to designate the road as a "local" road. SECTION 4. General Plan Amendment. The City General Plan, including the Urban Reserve Line, the Land Use Element Map, and the Street Classification Map, shall 6e amended �\ O1 Resolution No. 9726 (2005 Series) Page 5 to reflect the adopted boundaries, land uses and streets approved as part of the Airport Area Specific Plan, as shown in "Exhibit C." On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following roll call vote: AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was passed and adopted this 23rd day of August 2005. Mayor David F. Romero ATTEST: APPROVED AS TO FORM: RIQat �P. Lowell, City Attorney Exhibit A SECTION 1. INTRODUCTION The City of San Luis Obispo (City) has decided to approve the Airport Area and Margarita Area Specific Plans and Related Master Facilities Plans (project). The City is the lead agency under the California Environmental Quality Act (CEQA) and has certified a program environmental impact report (EIR) for the project. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section 21081 of the Public Resources Code require a lead agency to adopt findings for each significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the lead agency must find that: ■ changes or alterations have been incorporated into the project to avoid or substantially lessen the significant environmental effects identified in the EIR; ■ such changes or alterations are within the responsibility and jurisdiction of another public agency and should be adopted by that agency; or ■ specific economic, social, legal, technological, or other considerations make the mitigation measures or alternatives identified in the EIR infeasible. In addition to making a finding for each significant impact, if the lead agency approves a project without mitigating all of the significant impacts, it must prepare a statement of overriding considerations, in which it balances the benefits of the project against the unavoidable environmental risks. The statement of overriding considerations must explain the social, economic, or other reasons for approving the project despite its environmental impacts (14 CCR 15093, Pub. Res. Code 21081). This document contains the findings and statement of overriding considerations for the approval of the Airport Area and Margarita Area Specific Plans and Related Master Facilities Plans and reflects the City's independent judgment. This document incorporates by reference the program EIR. The EIR, specific plans, related master facilities plans, and other portions of the administrative record are available for review at: City of San Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, CA 93401 Contact: Mike Draze (805)781 -7274 Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Speche Plans and 1 July 2005 Related Facilities Master Plans Exhibit A SECTION 2. PROJECT DESCRIPTION Project Objectives As required by the City General Plan, each of the specific plans is intended to contain policies and standards that will facilitate appropriate development of land, protection of open space, and provision of adequate public facilities. The specific plans are more detailed than the general plan but less precise than subdivision maps or construction plans. The overall objective of the project is to adopt specific plans for the Airport and Margarita areas, pursuant to the City General Plan. Airport Area Specific Plan Objectives Airport Area Specific Plan objectives include: identifying the infrastructure needed to provide city services to the area; facilitating the City's eventual annexation of the Airport area; ensuring that planned land uses are compatible with airport operations and consistent with the SLO County Regional Airport Land Use Plan (ALUP); accommodating businesses identified in the City's Targeted Industry Cluster Study that provide household - supporting incomes for San Luis Obispo residents; and establishing goals and policies for open space protection, conservation, and restoration. Margarita Area Specific Plan Objectives Margarita Area Specific Plan objectives include: accommodating a wide. range of housing types, with an emphasis on housing affordable to those working in San Luis Obispo; protecting substantial natural habitats, including creeks, hills, wetlands, and corridors between these habitats: providing convenient access for residents to employment, basic shopping, recreation, and education through both the location of land uses and the design of circulation features; Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 2 July 2005 Related Facilities Master Plans Exhibit A accommodating research and light manufacturing jobs that can support local households in forms compatible with airport safety and neighboring residences; ensuring that planned land uses are compatible with airport operations; and ensuring consistency with San Luis Obispo County's Airport Land Use Plan. Proposed Project The proposed project includes implementation of the goals and policies contained in the Airport Area Specific Plan, Margarita Area Specific Plan, Water System Master Plan, Wastewater Master Plan Update, and Storm Drain Master Plan. Specific Plans The specific plans include the following designations: designation of the Airport area for 2 hectares (7 acres) of Residential, 193.3 hectares (477.7 acres) of Services and Manufacturing, 93.1 hectares (230.1 acres) of Business Park, 139.9 hectares (345.9 acres) of Open Space, and 145.3 hectares (359.1 acres) of Government Facility, for a total Airport Area of 606 hectares (1499 acres); designation of the Margarita area for 75.4 hectares (186.2 acres) of Open Space, 10.5 hectares (25.9 acres) of Parks, 28.6 hectares (70.7 acres) of Residential, 1.3 hectare (3.1 acre) of Neighborhood Commercial, 0.4 hectare (.9 acre) of Special Use, 28.0 hectares (68.8 acres) of Business Park, and 19 hectares (47 acres) of Streets, for a total Margarita area of 168.7 hectares (416.1 acres); extension of Prado Road to Broad Street; extension of new commercial collector connecting Tank Farm Road and Prado Road; extension of Santa Fe Road from south of Tank Farm Road to Prado Road; extension of Buckley Road to South I Iiguera Street; and widening of various existing roadways, including Prado Road, and Tank Farm Road. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 3 July 2005 Related Facilities Master Plans Water System Master Plan 0 Exhibit A The Water System Master Plan describes improvements to the water treatment and distribution systems to meet Citywide General Plan development needs, including needs of the Airport Area. The following is a brief summary of substantial treatment plant and facilities improvements identified in the Water System Master Plan. Recommended Treatment Plant Improvements. The recommended treatment plant improvements are as follows: Phase I: Perform a seismic evaluation of the existing treated water storage and clearwell facilities. Phase IL Add facilities to improve filtration rates, treatment processes, and emergency operations. Phase III: Monitor water levels at the forebay, improve efficiency of pump motors, evaluate means to protect the water treatment plant from railroad accidents, and improve emergency standby power capacity. Recommended Distribution Improvements. The recommended distribution improvements are: a grid of 12 -inch diameter mains: three traversing east to west and three north -south mains connecting the existing 16- and 20 -inch mains to the north (the mains will be located in the major roads); adding a 757,000 -liter (200,000 - gallon) water tank in the Edna Saddle zone in the southwestern part of the city; and adding a 4,542,000 -liter (1,200,000 - gallon) water tank in the Bishop zone to serve the Bishop zone. Wastewater Master Plan Update The City's Wastewater Master Plan Update addresses the city in its entirety, including the annexation areas. The plan identifies improvements to collection and treatment facilities that will be needed to provide wastewater service to future annexation areas and provides recommendations concerning Citywide wastewater system facilities. The Wastewater Master Plan Update identifies the following substantial reclamation facility and system improvements: replacing the Howard Johnson and Tank Farm pump stations; installing approximately 3,790 meters (12,400 feet) of new trunk sewer mains in the Airport area; Findings of Fact and Statement of Overriding Considerations City of San Leis Obispo for the Airport Area and Margarita Area Specific Plans and 4 July 2005 Related Facilities Master Plans 0 Exhibit A installing 4,000 feet (1,219.2 meters) of 16 -inch discharge pipe (required at the new tank farm facility); installing approximately 9,400 meters (30,700 feet) of new trunk sewer mains in the Margarita area; and upgrading existing pump stations in the project area. Storm Drain Master Plan The Storm Drain Master Plan addresses the East Branch San Luis Obispo Creek watershed. This watershed includes the Airport and Margarita areas as well as areas to the east. The features of the plan would, downstream of the Airport area, limit storm drainage flows at build -out to the level estimated for existing conditions, provide 100 -year flood protection, provide for environmental enhancement of stream corridors, and provide individual onsite or sub - regional detention basins that will serve the area, rather than a single regional detention basin. Previous project improvement recommendations included parallel, minor creek modifications as needed and permitted by the governing entity to enhance flood conveyance capacity. However, the City has determined that the existing creeks have capacity to sufficiently convey floodwaters. The Storm Drain Master Plan identifies the following recommended improvements: replacing bridges across Acacia Creek at Tank Farm Road and the East Branch of San Luis Obispo Creek at Santa Fe Road and replacing and improving Tank Farm Creek culvert facilities at Tank Farm Road with a standard Caltrans two -span concrete slab bridge. Findings of Fact and Statement of Overriding Considerations Citv of San Luis Obispo for the Airport Area and Margarita Area Sperific Plans and 5 July 2005 Related Facilities Master Plans �I C Exhibit A SECTION 3. ENVIRONMENTAL IMPACT REPORT The,program EIR was prepared in compliance with CEQA and State CEQA Guidelines. As such, the EIR contains analysis, at a program level, of the basic issues that will be used in conjunction with subsequent tiered environmental documents for specific projects related to the Airport Area Specific Plan, the Margarita Area Specific Plan, and the related facilities master plans. Once the Airport Area Specific Plan, Margarita Area Specific Plan, and the related facilities master plans are adopted by the City, the basic policy issues will not need to be revisited by subsequent (second -tier) documents. The initial study and Notice of Preparation of the Draft EIR were circulated to appropriate public agencies, organizations, and interested groups and individuals for a 30 -day comment period that ran from May 16, 2000, to June 16, 2000. The draft EIR was released for an 80 -day public and agency review period from February 15 through May 8, 2002. A public hearing on the draft EIR was held on May 8, 2002, at the joint Planning Commission/City Council hearing rooms in the City. A final EIR, which provided responses to the written and verbal comments received during the review of the draft EIR and included revisions to the draft EIR, was prepared and made available to the public and agencies on September 19, 2003. Since September 19, 2003, additional comments were provided in writing and through public testimony; responses to these additional comments since publication of the final EIR were prepared and made part of the administrative record. SECTION 4. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS AND MITIGATION MEASURES OF THE PROPOSED PROJECT Introduction This section presents the project's significant environmental impacts and feasible mitigation measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section 21081 of the Public Resources Code require a lead agency to make findings for each significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the lead agency must find that: ■ replacing changes or alterations have been incorporated into the project to avoid or substantially lessen the significant environmental effects identified in the EIR; such changes or alterations are within the responsibility and jurisdiction of another public agency and should be adopted by that agency; or ■ specific economic, social, legal, technological, or other considerations make the mitigation measures or alternatives identified in the EIR infeasible. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 6 July 2005 Related Facilities Master Plans �Y C Exhibit A Each of these findings must be supported by substantial evidence in the administrative record. This section identifies the following environmental impacts associated with implementation of the proposed project, as identified in the program EIR: ■ impacts that can be fully avoided or reduced to a less- than- significant level through the incorporation of feasible mitigation measures into the project; and ■ impacts that can be reduced, but not to a less- than- significant level, through the incorporation of feasible mitigation measures into the project, and which therefore, remain significant and unavoidable. The impacts identified in this section are considered in the same sequence in which they appear in the draft EIR. Where adoption of feasible mitigation measures is not effective in avoiding an impact or reducing it to a less - than- significant level, the feasibility of adopting alternatives to the proposed project is considered in Section 5 of this document. Land Use and Aesthetics Impact LU -1: Consistency of Proposed Specific Plans with Applicable City Plans, Policies and Agreements The project expands the urban reserve to encompass all land designated for urban use by the County. Thus, the URL extends down to Buckley in the area west of the airport, and across Broad Street to land east of the airport. This expansion of the urban reserve, and the re- designation of lands on the City's General Plan Map in that area from Open Space to Business Park and Services and Manufacturing, would be inconsistent with City policy to limit its urban expansion to the current urban reserve. Although not consistent with City plans and policies, the proposed urban reserve is consistent with the County's plans and policies. In addition, by designating a buffer of Agriculture and Open Space land north of Buckley Road and within the URL, the proposed project implements City policy for providing a permanent greenbelt along its southern boundary. The impact remains significant and unavoidable. Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses The 1993 Land Use Element and Circulation Element Update EIR addressed the fact that annexation and development of the area in accordance with the City General Plan designations would result in the loss of agricultural resources. That loss was identified as a significant and irreversible adverse impact that could not be mitigated. Policies were incorporated into the Land Use Element to help compensate for productivity lost as a result of the conversion of agricultural lands within the urban reserve. Specifically, City policy requires direct dedication of open space areas, or payment of an in -lieu fee, for annexed. land. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 1 July 2005 Related Facilities Master Plans Exhibit A The primary target of this exaction is to protect open space and agricultural lands outside, but especially those contiguous to, the City's URL. The concept is to create a permanent open space buffer /greenbelt around the city that prevents continued expansion of the urban area onto valuable agricultural and open space resources. For certain locations, the general plan calls for the open space protection area to be equal in size to the developed area or to be four times the size of the developed area. The ratio for the Margarita area follows from the land use designations (approximately 40% open space, excluding parks). The General Plan does not set a specific ratio for the Airport Area. The in -lieu fee that has been set for the so- called interim annexations probably can achieve a ratio of 1:1 on average. Based on a review of mapping of the State's Department of Conservation farmland categories, the majority of the proposed project area (347.2 hectares [858 acres], or 61 %) consists of lands with little or no agricultural value (i.e., designated by the state for Urban/Built-up or Other). Table 3A -2 shows the acreage breakdown for the project area by category. The project area has relatively limited amounts of Prime Farmland (26.3 hectares [65 acres], or 5 %) and Farmland of Local Importance (16.1 hectares [40 acres], or 3 %), and no lands designated for Farmlands of Statewide Importance or Unique Farmland. Farmland of Local Potential and Grazing Land, two categories with lower agricultural value, compose a larger percentage of the area (21% and 11 %, respectively). Although past development and current use result in relatively low farmland classifications under the California Department of Conservation categories, the underlying soils types have the characteristics of prime soil, according to the U.S. Natural Resources Conservation Service, for most of the gently sloping part of the Margarita area and for nearly all the Airport area, excluding the Unocal property impacted by soil contamination due to the 1926 explosion and subsequent fire. The Specific Plans show urban use for approximately 12.1 hectares (30 acres) of prime farmland actively cultivated north of Tank Farm Road. There are also cultivated lands just west of the middle of the Margarita Area. The proposed project is consistent with the City General Plan, so, as anticipated in the 1993 LUE EIR, annexation and development of the area will adversely impact agricultural resources. Altogether, the proposed project will result in the loss of approximately 14.1 hectares (35 acres) of Prime Farmland (in the northwest corner of the Airport area), and 109.2 hectares (270 acres) of Farmland of Local Potential (primarily in the Margarita area and along Broad Street). Most agricultural lands that will be lost to development have been used primarily for grazing. The Airport Area Specific Plan's designation for Open Space in the central portion of the Airport area will protect areas of Prime Farmland and Farmlands of Local Importance that are actively cultivated. No areas under Williamson Act contracts are affected by the proposed project. While the loss of prime agricultural land is limited, the conversion of any lands containing prime agricultural soils associated with the proposed project is considered a significant and unavoidable impact. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specifir. Plans and 8 July 2005 Related Facilities Master Plans Exhibit A Mitigation While the loss of prime agricultural soils to urban uses is irreversible and cannot be mitigated, the following mitigation is recommended to help compensate for the loss of agricultural productivity. The intent of the mitigation is to enhance the opportunities for continued agriculture in the unincorporated areas outside the City's URL. Mitigation Measure LU -5.1: Dedicate Open Space Land or Pay In -Lieu Fees to Secure Open Space Easements on Agricultural Land outside the URL at Ratio of No Less than 1:1 As a condition of annexation and development within the Airport and Margarita Areas, developers shall be required to dedicate open space land or pay in -lieu fees to secure open space easements on agricultural land outside the URL at a ratio of no less than 1:1. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. However, the impact would not be reduced to a less- than- significant level. A statement of overriding consideration for this impact is made in Section 6. Impact LU -6: Change in Views The proposed project will result in the change of character of the Plan areas from a generally semi -rural setting to an urban developed setting. The issue of aesthetic impacts was reviewed during the adoption of the General Plan. The conclusion was reached within Section 9.0 of the General Plan EIR that urbanization would irreversibly change the visual character of the south end of the city from that of a low- density semi -rural area to a more intensely developed, suburban area. While substantial design standards are contained in the Airport Area Specific Plan, Margarita Area Specific Plan, and the City General Plan (including the preservation of open space, hills, and development design standards), these do not change this fundamental conclusion of the General Plan EIR. No feasible mitigation exists to eliminate the impact associated with the conversion of a semi -rural landscape to an urban landscape. The impact is considered signifeeant and unavoidable. Mitigation No mitigation measures are feasible. Finding: No Feasible Mitigation is Available. The City finds that no feasible mitigation is available and that this impact is significant and unavoidable. A statement of overriding consideration for this impact is made in Section 6. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 9 July 2005 Related Facilities Master Plans Exhibit A Impact LU -7: Potential Increase in Daytime/Nighttime Light and Glare The development of the Airport and Margarita areas for urban uses will result in an increase in daytime /nighttime light and glare within the area. These increases will be the result of new lighting at commercial, business park, and residential uses, as well as at new park facilities. Development of these sites would increase the amount of light and glare associated with development of urban uses, such as additional parking lots, building lights, and streetlights. While the types of lighting and their specific locations are not specified at this point, development proposed under this alternative would increase the amount of light into adjacent areas, including airport lands. The potential increase in light and glare is considered to be a significant impact. Mitigation Implementation of the following mitigation measure would reduce the impact to a less - than- significant level. Mitigation Measure LU -7.1: Incorporate Lighting Design Standards into Margarita and Airport Area Specific Plans The City shall incorporate lighting design standards into the Margarita and Airport Area Specific Plans. The standards shall contain specific measures to limit the amount of light . trespass associated with development within the project area. Specific measures shall include the use of shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 -foot candles at adjacent property lines. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. In the Airport Area Specific Plan this impact is addressed in the Design Guidelines for lighting. Goal 5.20, which is implemented by guidelines and standards, is intended to accomplish "a low level of ambient lighting that protects the rural ambience, while being consistent with public safety needs." Hydrology and Water Quality The program EIR previously reported in error that a significant unavoidable impact would result from constructing a dam within a watercourse in Perfumo Canyon. However, the water reservoir to be constructed would be a tank for storage purposes only in an upland area, not an impoundment of water along a natural streamway. Therefore, no significant impacts on Hydrology and Water Quality are associated with the proposed project. Findings of Fact and Statement of Overriding Considerations City of San leis Obispo for the Airport Area and Margarita Area Specific Plans and 10 July 2005 Related Facilities Master Plans Exhibit A Biological Resources Impact BI0-1: Loss or Temporary Disturbance of Annual Grassland The Margarita and Airport Areas contain 119.48 hectares (295.24 acres) of annual grassland. Implementation of this portion of the project would result in the loss or temporary disturbance of annual grassland. Annual grassland is common locally and regionally; therefore, the loss of annual grassland is typically considered less than significant. However, large portions of the project area, including areas identified for facilities master plan improvements, have not been surveyed, and sensitive resources like seasonal wetlands and drainages, patches of valley needlegrass grassland, and populations of special- status species may be found interspersed in the annual grassland. Therefore, this impact is considered significant. Mitigation Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure BI0-1.1. Conduct Surveys for Wetland Resources, Sensitive Natural Communities, and Special- Status Species. Applications for subdivisions and development in grassland areas must include the result of the following surveys and studies: surveys and mapping of special- status plants identified in Table 3C -4 of the program EIR during the appropriate identification periods; surveys and mapping of special- status wildlife identified in Table 3C -5 of the program EIR during the appropriate seasons; mapping and quantification of valley needlegrass grassland inclusions; delineation and quantification of waters of the United States, including wetlands, using the Corps' 1987 wetland delineation manual (Environmental Laboratory 1987); identification of special- status species and species of local concern as identified in the (forthcoming) Conservation Element; and mapping and quantification of habitat loss. For areas of annual grassland that are determined to contain no special- status species, inclusions of valley needlegrass grassland, or seasonal wetland; no further mitigation is required. If sensitive resources are identified, please refer to the mitigation measures below to avoid, minimize, or compensate for significant impacts on these resources. This is not intended to limit other measures that the City may take regarding non - listed species. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and I 1 July 2005 Related Facilities Master Plans Exhibit A Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. In the Airport Area Specific Plan significant grassland areas are designated as open space, following Figure 3 -1, Open Space Resources. Policy 3.2.19 requires protection for on -site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Impact BIO -2: Loss or Temporary Disturbance of Valley Needlegrass Grassland Valley needlegrass grassland is found within annual grassland and ruderal areas of the Airport and Margarita Areas. Patches of valley needlegrass grassland have been identified on the Unocal property of the Airport Area. There may be additional patches within the annual grassland matrix of unsurveyed portions of the Airport and Margarita Areas and Facilities Master Plan service areas. Valley needlegrass grassland has suffered extensive losses statewide and is considered a sensitive natural community by DFG. The elimination or substantial degradation of this community is considered a significant impact. Mitigation Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive Natural Communities, and Special- Status Species. This mitigation measure is described above. Mitigation Measure 11I0-2.1. Avoid and Minimize Impacts on Valley Needlegrass Grassland. After areas of valley needlegrass grassland are mapped and quantified (Mitigation Measure BIO -1.1), the following steps should be implemented in order of preference: Avoid stands of valley needlegrass grassland whenever possible; this may be achieved by setting aside areas that contain significant stands of valley needlegrass grassland as ecological buffers or nature preserves. Minimize impacts on valley needlegrass grassland in areas that cannot be avoided completely; this may be achieved by placing orange construction barrier fencing or stakes and flags around the perimeter of needlegrass grassland stands and by restricting the operation of heavy equipment and other construction- related activities to the outside of these exclusion zones. Compensate for unavoidable losses of valley needlegrass grassland with replacement plantings at an alternative mitigation site. The project proponent should develop a mitigation and monitoring plan in coordination with DFG that specifies replacement ratios, success criteria, monitoring and reporting needs, and remediation measures. Findings of Fact and Staiernent of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 12 July 2005 Related Facilities Master Plans Exhibit A Replacement plantings should be placed adjacent to existing preserved stands to encourage natural regeneration, ensure future preservation, and create enhanced habitat values. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. In the Airport Area Specific Plan significant grassland areas are designated as open space, following Figure 3 -1, Open Space Resources. Policy 3.2.19 requires protection for on -site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Impact BIO -5: Loss or Temporary Disturbance of Open -Water Habitat The Airport Area contains approximately 0.28 hectare (0.69 acre) of open -water habitat. There is open -water habitat on the Unocal property in the Airport Area and in limited areas in the Margarita Area and Facilities Master Plan areas. Open -water habitat may qualify as other waters of the United States subject to Corps jurisdiction under Section 404 of the Clean Water Act. The potential loss of open -water habitat is considered significant. Mitigation Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive Natural Communities, and Special - Status Species. This mitigation measure is described above. Mitigation Measure BIO -6.1. Avoid and Minimize Impacts on Wetland Habitat. This mitigation measure is described below. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Chapter 3 of the Airport Area Specific Plan includes many policies regarding the protection of wetland resources, including a requirement for 50 -foot setbacks (Program 3.3.3), and most significant areas are designated as open space. Impact BIO -6: Loss or Temporary Disturbance of Freshwater Marsh The Airport Area contains approximately 6.78 hectares (16.76 acres) and the Margarita Area contains approximately 0.64 hectares (1.59 acres) of freshwater marsh. Freshwater marsh is considered a sensitive natural community by DFG and is also considered a wetland subject to Corps jurisdiction under Section 404 of the Clean Water Act. Extensive stands of freshwater marsh have been documented on the Unocal property. Additional stands also occur along drainage ditches throughout the projegt area, including the Facilities Master Plan areas, as well as in low -lying landscape positions throughout the area. Loss or temporary disturbance of freshwater marsh is considered a significant impact. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 13 July 2005 Related Facilities Master Plans Mitigation 1 Exhibit A Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive Natural Communities, and Special - Status Species. This mitigation measure is described above. Mitigation Measure BI0-6.1. Avoid and Minimize Impacts on Wetland Habitat. To avoid and minimize impacts to freshwater marsh and other wetland habitats, the project proponent will do all of the following: obtain a qualified wetland ecologist to conduct a delineation of waters of the United States, including wetlands, at the project site; obtain verification of the delineation from the Corps; avoid identified waters of the United States and wetlands during project design to the extent possible and establish a buffer zone around jurisdictional features to be preserved; obtain a permit from the Corps for any unavoidable fill of wetlands or other waters of the United States; and develop and implement a mitigation and monitoring plan in coordination with the agencies to compensate for losses and to ensure no net loss of wetland habitat functions and values. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Chapter 3 of the Airport Area Specific Plan includes many policies regarding the protection of wetland resources, including a requirement for 50 -foot setbacks (Program 3.3.3), and most significant areas are designated as open space. Impact BI0-7: Loss or Temporary Disturbance of Seasonal Wetlands The Airport area contains approximately 20.12 hectares (49.72 acres) and the Margarita area contains 3.76 hectares (9.30 acres) of existing and potential seasonal wetlands. Seasonal wetlands have been documented throughout the Unocal property in the Airport area and are likely present throughout unsurveyed portions of the planning area, including the facilities master plan service areas. Seasonal wetlands are considered sensitive natural communities by DFG and qualify as wetlands subject to Corps jurisdiction under Section 404 of the CWA. Impacts on seasonal wetlands are considered significant. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 14 July 2005 Related Facilities Master Plans C 1 Exhibit A Mitigation Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure BI0-1.1. Conduct Surveys for Wetland Resources, Sensitive Natural Communities, and Special - Status Species. This mitigation measure is described above. Mitigation Measure BIO -6.1. Avoid and Minimize Impacts on Wetland Habitat. This mitigation measure is described above. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Chapter 3 of the Airport Area Specific Plan includes many policies regarding the protection of wetland resources, including a requirement for 50 -foot setbacks (Program 3.3.3), and most significant areas are designated as open space. Impact BIO -8: Loss or Temporary Disturbance of Riparian Woodland and Scrub The Airport area contains approximately 8.39 hectares (20.72 acres) of riparian woodland and scrub. Riparian woodland and scrub are found on the Unocal property, along the East Branch of Acacia Creek, and in other localized occurrences along unmapped drainage ditches or low -lying areas throughout the planning area and facilities master plan service areas. Additionally, the Margarita area contains 0.27 hectare (0.66 acre) of riparian woodland and scrub. Riparian woodland and scrub are considered sensitive natural communities by DFG and are likewise protected by the City General Plan and proposed Specific Plans* policies. The riparian woodland and scrub may also qualify as wetlands subject to Corps jurisdiction under Section 404 of the CWA. Impacts on riparian woodland and scrub are considered significant. Mitigation Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure BI0-8.1. Avoid Temporary Disturbance to Riparian Woodland and Scrub by Complying with DFG and City General Plan Guidelines and Specific Plan requirements for Setbacks Regarding Riparian Corridors. The project proponent will do all of the following: retain a qualified biologist to identify and map riparian woodland and scrub in the project area; Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 15 July 2005 Related Facilities Master Plans Exhibit A establish a buffer zone around the edge of the riparian habitat at a distance to be determined in cooperation with DFG and the City by installing orange construction fencing or poles and flags; and restrict construction activities to the outside of the fenced buffer zone. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. The Airport Area Specific Plan requires management programs when development is proposed along creeks (Program 3.3.1). 35 -foot creek setbacks are required for major creeks. A 50- wetland setback is established, which will be implemented through subdivision and development approvals and the design of pubic facilities (Program 3.3.3). Impact BI0-9: Loss or Temporary Disturbance of Agricultural Fields and Congdon's Tarplant The Airport area contains approximately 39.52 hectares (97.66 acres) and the Margarita area contains approximately 2.97 hectares (7:33 acres) of agricultural fields. Agricultural fields are locally and regionally common. The loss or temporary disturbance of agricultural fields is generally considered less than significant from a biological standpoint. However, Congdon's Tarplant, a special- status plant species, has been observed in fallow agricultural fields in the planning area. Therefore, impacts on agricultural fields and Congdon's Tarplant are considered significant. Mitigation Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure BIO -1.1. Conduct Surveys for Wetland Resources, Sensitive Natural Communities, and Special- Status Species. This mitigation measure is described above. Mitigation Measure BIO -9.1. Avoid or Minimize Impacts on Special- Status Plant Species. To avoid or minimize impacts on special- status plant species, the project proponent will do all of the following: Whenever possible, set aside as nature preserve areas known to support large populations of special- status plants. Ensure that a qualified botanist conducts surveys for special- status plant species in all portions of the planning area at the appropriate time when the plants are clearly identifiable. The botanist should document and map encountered populations. Avoid or minimize impacts on special- status plant populations to the extent possible. Findings of Fact and Statement of Overriding Considerations Ciry of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 16 July 2005 Related Facilities Master Plans i Exhibit A Compensate for the unavoidable loss or disturbance of special- status plant species. Compensation shall be implemented under a mitigation plan developed in conjunction with DFG and USFWS. The requirements for a mitigation plan will depend on the species affected by the project and the extent of impacts on the populations. Mitigation shall be implemented onsite whenever possible. Possible mitigation locations (but not required locations) for Congdon's Tatplant include those areas of the Unocal site set aside as Open Space. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Policy 3.2.19 requires protection for on- site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Impact BIO -11: Impacts on Special - Status Plant Species Several occurrences of special- status plant species have been reported in the Margarita and Airport areas and the facilities master plan service areas. Populations of rayless ragwort and San Luis Obispo mariposa lily occur in the South Hills, which are part of the Margarita area. These occurrences are located in areas to be designated as Open Space; therefore, no impact on these populations is expected. Many occurrences of Congdon's Tarplant have recently been documented in the Margarita and Airport areas. Although most populations occur in wetland conditions in a grassland matrix, several populations have also been documented in disturbed areas, including fallow fields. Impacts on special- status plant species are considered significant. Mitigation Implementation of the following mitigation measure would reduce this impact to a less - than- significant level. Mitigation Measure BI0-1.1. Conduct Surveys for Wetland Resources, Sensitive Natural Communities, and Special - Status Species. This mitigation measure is described above. Mitigation Measure BIO -9.1. Avoid or Minimize Impacts on Special - Status Plant Species. This mitigation measure is described above. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Policy 3.2.19 requires protection for on- site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 17 July 2005 Related Facilities Master Plans C; Impact BIO -12: Impacts on Non - Listed Special - Status Wildlife Species Exhibit A Several occurrences of special- status species have been reported in the Margarita and Airport Areas. Many more special- status species have the potential for occurrence in these areas (Table 3C -5). Impacts on special- status wildlife species are considered significant. Mitigation Measure 13I0-1.1. Conduct Surveys for Wetland Resources, Sensitive Natural Communities, and Special- Status Species. This mitigation measure is described above. Mitigation Measure BI0-12.1. Avoid or Minimize Impacts on Non - Listed, Special - Status Wildlife Species. To avoid or minimize impacts on non - listed, special- status wildlife species (Table 3C -5 of the program EIR), the project proponent will do all of the following: Ensure that a qualified biologist conducts surveys for non - listed special- status wildlife species in all portions of the planning area at the appropriate time for each species. The biologist should document and map encountered individuals. Avoid or minimize impacts on non - listed special- status wildlife populations and individuals to the extent possible. Ensure that a qualified biologist conducts protocol -level surveys for burrowing owls and, if presence is confirmed, develops a mitigation plan following DFG guidelines. Surveys would be conducted at suitable breeding habitat for nesting tricolored blackbirds before construction begins. Surveys would be conducted 20 times during the nesting season (April 1.July 15). If nesting tricolored blackbirds are found, the project proponent shall avoid impacts on the species by one of two methods: avoiding construction within 500 feet of an active nesting colony during the nesting season or constructing the interceptor during the nonbreeding season (July 15aMarch 31). Barrier fencing would be used to establish buffer zones around the active colonies. Removal of suitable breeding habitat should also be minimized through the project design. If nesting habitat is unoccupied, construction in the area could occur at any time; however, removal of suitable breeding habitat should be minimized. Compensate for the unavoidable loss or disturbance of non - listed special- status wildlife species. Compensation shall be implemented under a mitigation plan developed in conjunction with DFG and USFWS. The requirements for a mitigation plan will depend on the species affected by the project and the extent of impacts on the populations. Mitigation shall be implemented onsite whenever possible. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Policy 3.2.19 requires protection for on- site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Findings of Fact and Statement of Overriding Considerations City of San 1l is Obispo for the Airport Area and Margarita Area Specific Plans and 1$ July 2005 Related Facilities Master Plato Exhibit A Impact BIO -13: Potential Direct Mortality or Disturbance of California Red - Legged Frogs California red - legged frogs have been observed in the creeks in the San Luis Obispo area, including Acacia Creek, the perennial stream on the eastern and southern edge of the Tank Farm. Implementing construction activities or projects in the Airport area, including the facilities master plans could require removal of riparian or marsh vegetation or disturbance of stream habitat along the South Fork of Acacia Creek or ponds and marshes in the area. This could cause direct mortality of red - legged frogs or removal of their habitat. This potential impact on the California red - legged frog is considered significant because the Airport area, and to a lesser extent the Margarita area, are within the range of the species, suitable habitat is present, and the species has been recorded in the vicinity. Mitigation Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure BIO -13.1. Avoid Potential Direct Mortality and Loss of California Red- Legged Frogs. Prior to the initial site investigation and subsequent ground disturbing activities, a qualified biologist will instruct all project personnel in worker awareness training, including recognition of California red - legged frogs and their habitat. A qualified biologist will conduct pre - construction surveys within the project area no earlier than 2 days before ground - disturbing activities. No activities shall occur after October 15 or'the onset of the rainy season, whichever occurs first, until May 1 except for during periods greater than 72 hours without precipitation. Activities can only resume after site inspection by a qualified biologist. The rainy season is defined as: a frontal system that results in depositing 0.25 inches or more of precipitation in one event. Vehicles to and from the project site will be confined to existing roadways to minimize disturbance of habitat. Prior to movement of a backhoe in the project area, a qualified biologist will make sure the route is clear of California red- legged frogs. If a California red - legged frog is encountered during excavations, or any project activities, activities will cease until the frog is removed and relocated by an USFWS- approved biologist. Any incidental take will be reported to the USFWS immediately by telephone at (916) 414 -6600. Findings of Fact and Statement of Overriding Considerations City oJ'San Luis Obispo for the Airport Area and Margarita Area Speck Plans and 19 July 2005 Related Facilities Master Plans Exhibit A If suitable wetland habitat is disturbed or removed, the project proponent will restore the suitable habitat back to its original value by covering bare areas with mulch and revegetating all cleared areas with wetland species that are currently found in the project area. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Policy 3.2.19 requires protection for on- site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Impact BIO -14: Potential Direct Mortality of or Indirect Impacts on Vernal Pool Fairy Shrimp and California Tiger Salamanders Implementing the specific plans could result in the loss of, or disturbance to, vernal pool fairy shrimp and California tiger salamanders (if they occur in the planning area) if there are vernal pools or other suitable seasonal wetlands within 250 feet of project activities. Direct or indirect impacts on vernal pool fairy shrimp and tiger salamanders are considered significant because the species are listed under the federal ESA and a candidate for federal listing, respectively. Mitigation Implementation of the following mitigation measure would reduce this impact to a less - than - significant level. Mitigation Measure BI0-14.1. Compensate for Direct and Indirect Impacts on Vernal Pool and Seasonal Wetland Vernal Pool Fairy Shrimp and California Tiger Salamander Habitat. If vernal pool fairy shrimp or tiger salamander habitat is present and cannot be avoided, the project proponent will compensate for direct and indirect effects on the habitat. The project proponent will conduct an onsite visit with USFWS and DFG to determine whether potential vernal pools or seasonal wetlands in the Airport and Margarita areas are suitable fairy shrimp and tiger salamander habitat. If there is no suitable fairy shrimp and tiger salamander habitat, no additional mitigation is needed. If there is suitable habitat, the project proponent can assume that it is occupied and mitigate the loss of habitat, or can retain a qualified biologist to conduct USFWS protocol -level surveys and determine presence or absence. These surveys typically require two seasons of surveys during the winter -wet season; therefore, most project proponents assume presence and mitigate the loss of fairy shrimp and tiger salamander habitat. This compensation will be achieved by implementing the following measures, as described in the programmatic agreement between USFWS and the Corps: Create suitable fairy shrimp habitat (i.e., vernal pools or other suitable seasonal wetlands) at a 1:1 ratio or other ratio approved by the USFWS. The habitat must be created at a location approved by USFWS. Findings of Fact and Statement of Overriding Considerations City of San Luis ObLrpo for the Airport Area and Margarita Area Specific Plans and 20 July 2005 Related Facilities Master Plans Exhibit A Preserve suitable fairy shrimp habitat at a 2:1 ratio -or other ratio approved by the USFWS. The habitat must be preserved at a location approved by USFWS. Before construction starts, the project proponent will obtain authorization from USFWS to take listed fairy shrimp species that would be affected by the project. A biological opinion under the federal ESA may be needed from USFWS before construction begins. This is not intended to limit mitigation should USFWS and the Corps require a different approach. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Policy 3.2.19 requires protection for on- site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Impact BIO -16: Potential Disturbance of Least Belles Vireos The least Belles vireo may breed in dense riparian vegetation in the Airport Area and Margarita Area Specific Plan areas, including the facilities master plan areas. This bird is a rare breeding species in San Luis Obispo County. Because the least Belles vireo habitat may be reduced, this impact is considered significant. Mitigation Mitigation Measure BI0-16.1. Conduct Protocol -Level Surveys for Least Belles Vireo. If the species or appropriate habitat is present, then the project proponent will implement Mitigation Measure BIO -16.2. Mitigation Measure BIO -16.2. Avoid Potential Direct Mortality and Loss of Least Belles Vireo. The project proponent will consult with USFWS and DFG and possibly conduct a site visit with these agencies to develop measures to avoid and minimize potential impacts on this species along the stream in the Airport and Margarita areas. If potential impacts on least Belles vireos can be avoided, no additional mitigation is needed. If potential impacts on the least Belles vireo cannot be avoided, the project proponent will implement Mitigation Measure BIO -16.3. Mitigation Measure BIO -16.3. Develop and Implement a Least Belles Vireo Mitigation Plan. If potential impacts on the least Belles vireo cannot be avoided along the creeks in the Airport area in the planning area, the project proponent will prepare and implement a mitigation plan and obtain the appropriate federal ESA permits, if necessary. The project proponent will consult with USFWS and DFG to determine whether additional mitigation is needed, and USFWS will assist the project proponent in determining whether incidental take authorization under the federal ESA is needed. The plan will need to include measures that would avoid and minimize impacts on the least Belles vireo and additional habitat creation, enhancement, and management in the planning area. Findings of Fact and Statement of Overriding Considerations City of Sort Luis Obispo for the Airport Area and Margarita Area Specific Plans and 21 July 2005 Related Facilities Master Plans Exhibit A Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Policy 3.2.19 requires protection for on- site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Impact BIO -17: Potential Direct Mortality of or Indirect Impacts on Southwestern Pond Turtle The southwestern pond turtle is known to occur in the tributaries of San Luis Obispo Creek, and it has been observed in riparian vegetation on the Tank Farm site (Entrix 1996). Pond turtles could occur in ponds in the Airport area; they could. also nest in the grasslands there, especially at the Tank Farm. Implementing construction activities or projects in the Airport area could require removal or disturbance of riparian habitats, ponds, or grasslands, but a substantial amount of habitat would not be disturbed. This could cause short-term impacts on pond turtles in the Airport area. Depending on the year and the season, eliminating the reach of Orcutt Creek, modifying Acacia Creek (including mitigation enhancements for loss at Orcutt Creek), and developing the sports fields and Prado Road extension could have adverse impacts on pond turtles. Therefore, these potential impacts on the southwestern pond turtle are considered significant. Mitigation Implementation of the following mitigation measures would reduce this impact to a less- than-significant level. Mitigation Measure BIO -17.1. Avoid Potential Direct Mortality and Loss of Southwestern Pond Turtle. The project proponent will consult with USFWS and DFG and possibly conduct a site visit with these agencies to develop measures to avoid and minimize potential impacts on this species along the stream and wetlands (including ponds) in the Airport and Margarita areas. If potential impacts on the southwestern pond turtle can be avoided, no additional mitigation is needed. If potential impacts on the southwestern pond turtle cannot be avoided, the project proponent will implement Mitigation Measure BIO -17.2. Mitigation Measure BIO -17.2. Develop and Implement a Southwestern Pond Turtle Mitigation Plan. If potential impacts on the southwestern pond turtle cannot be avoided along the creeks in the Airport area and marsh and other wetlands in the planning area, the project proponent will prepare and implement a mitigation plan and obtain the appropri ate federal ESA permits, if necessary. The project proponent will consult with USFWS and DFG to determine whether additional mitigation is needed, and USFWS and the Corps will assist the project proponent in determining whether incidental take authorization under the federal ESA is needed. The plan will need to include measures that would avoid and minimize impacts on the southwestern pond turtle and additional habitat creation, enhancement, and management in the planning area. Findings of Fact and Statement of Overriding Considerations City of Sale Luis Obispo for the Airport Area and Margarita Area Specific Plans and 22 July 2005 Related Facilities Master Plans Exhibit A Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Policy 3.2.19 requires protection for on -site resources and the above survey requirements will be applied on a case -by -case basis, as development is proposed in areas that may include these resources. Traffic and Circulation Impact T -1: Secondary Impacts of Road Improvements The improvements necessary to achieve vehicular flow at the intersections listed above could cause secondary impacts on pedestrians and bicyclists. To avoid significant pedestrian and bicycle impacts, development projects in the Airport and Margarita Specific Plan areas shall include pedestrian and bicycle facilities in the design of the intersection and roadway improvements. Pedestrian facilities shall include sidewalks along both sides of all newly constructed streets and reconstructed streets, crosswalks at new intersections and reconstructed intersections, and pedestrian signals at all new and reconstructed signalized intersections. Bicycle facilities shall include Class II bike lanes on all new and reconstructed streets per the San Luis Obispo Bicycle Transportation Plan and the Specific Plans. Bike lanes shall be included in the widening and extension of the following streets. South Higuera Street (Tank Farm to Buckley) Broad Street (Buckley to Tank Farm Road) _ Prado Road (Broad Street to US 101 interchange) Santa Fe Road (Buckley to Prado road extension) The road improvements in the Margarita and Airport Area Specific Plans will result in substantial widening of roadways and intersection approaches to accommodate vehicle traffic and maintain LOS D or better. Widening of streets and intersections can result in secondary significant impacts on pedestrians and bicyclists by increasing crossing distance and introducing conflicts at intersections with multiple turning lanes unless designed properly. Mitigation Implementation of the following mitigation measures would reduce this impact to a less -than- significant level. Mitigation Measure T -1.1: Implement Design Features. The following design features should be implemented: On approaches to intersections where exclusive right -turn lanes are recommended and Class II bikeways are proposed, the design of the intersection shall provide bike lanes (1.2 meters in width) for through travel along the left edge of the right -turn lane. Findings of Fact and Statement of Overriding Considerations City of San Otis Obispo for the Airport Area and Margarita Area Specific Plans and 23 July 2005 Related Facilities Master Plans o J Exhibit A At intersection approaches where pedestrian crossing distance exceeds six travel lanes (22 meters), the intersection design shall include an Americans with Disabilities Act (ADA) compliant median refuge island (raised concrete) with pushbutton to activate the pedestrian signal. The minimum width of the median refuge shall be 1.2 meters if integral with a raised median along the entire length of the street, or 1.8 meters wide by 6 meters long if an isolated median refuge. Exceptions for this measure include locations where existing right -of -way constraints make it infeasible to widen the street for the refuge. All signalized intersections shall be designed with pedestrian signal heads and pushbutton activation. Intersections with exclusive right -turn lanes shall be designed to reduce the speed of right- turning vehicles and reduce the pedestrian crossing distance. The curb return radius should be 15 meters or less. Raised pedestrian refuges (porkchop islands) may be installed between exclusive right -turn lanes and through lanes on streets with crossings that exceed 22 meters, but the approach angle of the right turn shall be designed to minimize turning speed. Mitigation Measure T -1.2: Install New Signalized Intersection for Aero Drive and Broad Street. To mitigate significant effects on this intersection, a new signalized intersection shall be installed on Broad Street south of Aero Drive, as identified in the Airport Master Plan. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted through the standards in Chapter 6 of the Specific Plan. Impact T -2: LOS is Excess of LOS D The Prado Road/South Higuera Street intersection would operate at LOS E. The Tank Farm Road/Broad Street intersection and the Los Osos Valley Road/US 101 northbound ramps would operate at LOS F. Mitigation The following mitigation measures could have a positive effect on future operations at the impacted intersections, but do not change the conclusion in the Final Program Environmental. Therefore, impacts to the intersections are still considered significant and unavoidable. Mitigation Measure T -2.1: The threshold for Transportation Demand Management (TDM) requirements shall be reduced to apply to employers with 25 or more employees. Findings of Fact and Statement of Overriding Considerations City of San Lis Obispo for the Airport Area and Margarita Area Specific Plans and 24 July 2005 Related Facilities Master Plans Exhibit A Mitigation Measure T -2.2: As development occurs, require projects to improve adjacent streets to include bus stop locations, including turnouts, transit pads, shelters and other amenities to serve public transportation. Finding: Mitigation Has Been Incorporated into the Project. The above mitigation measures have been incorporated into Chapter 6 of the Specific Plan as new standards. Air Quality Impact AIR -1: Short -Term Construction Emissions Buildout under the proposed project would involve the grading and construction of residential, commercial, industrial, and recreational structures throughout the project in the Airport Area, Margarita Area, and facilities master plan service areas. All phases of site preparation and building construction would produce construction emissions. The most emissions would be generated during the initial phases of site preparation when large areas of soil would be disturbed and many large construction vehicles would be in operation. Emissions occurring during this phase would consist primarily of particulates generated by soil disturbance and combustion emissions generated by construction vehicles. The rate of particulate generation is dependent upon soil moisture and silt content, wind speed, and relative activity level. The combustion emissions generated by construction vehicles and equipment may degrade local air quality and cause exceedances of the state nitrogen dioxide standard. In addition, emissions of ozone precursors (NOX and ROG) would exacerbate existing high ozone levels in the County. The magnitude of combustion emissions is highly variable among construction sites because of the variability in the number of construction vehicles operating simultaneously. While the total acreage to be developed under buildout of the proposed project could be estimated, the phasing of individual development projects is not known. Consequently, the impact of construction emissions on regional or local air quality cannot be quantified with any accuracy. The construction emissions of each specific development project must be evaluated individually and cumulatively to determine the magnitude of impacts to regional and local air quality. This impact is considered significant Mitigation Implementation of the following mitigation measure would reduce the impact to a less - than-signifccant level. Mitigation Measure AIR -1.1. Implement Construction - Related Combustion Emissions Mitigation. NO. emissions will be the controlling factor in determining the application of control strategies for construction- related, combustion - related emissions. Any project requiring grading of >1,950 cubic yards /day or >50,000 cubic yards within a 3 -month period will need to apply Best Available Control Technology for construction equipment combustion controls. Projects requiring >125,000 cubic yards of grading in a Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 25 July 2005 Related Facilities Master Plans j 0 Exhibit A 3 -month period will need to apply CBACT plus offsets and/or other mitigation. Examples of CBACT can be found in the San Luis Obispo APCD CEQA Air Quality Handbook. If impacts are still significant after application of CBACT, the following additional measures shall be implemented as necessary: _ use Caterpillar pre - chamber diesel engines (or equivalent), properly maintained and operated to reduce emissions of NO,,; use electrically powered equipment where feasible; maintain equipment in tune per manufacturer's specifications, except as otherwise required above; install catalytic converters on gasoline - powered equipment; substitute gasoline - powered equipment for diesel - powered equipment, where feasible; implement activity management techniques as described below; and use compressed natural gas or propane - powered portable equipment (e.g., compressors, generators, etc.) onsite instead of diesel- powered equipment, where feasible. Mitigation Measure AIR -1.2. Implement Construction - Related Fugitive Dust (PM10) Mitigation Any project with a grading area greater than 1.6 hectares (4.0 acres) of continuously worked area will exceed the 2.5 ton PM10 quarterly threshold and will require the following mitigation measures where applicable. Proper implementation of these measures shall be assumed to achieve a 50% reduction in fugitive dust emissions. The use of soil binders on completed cut - and -fill areas has the potential to reduce fugitive dust emissions by 80 %. Reduce the amount of the disturbed area where possible. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site; increased watering frequency would be required whenever wind speeds exceed 15 miles per hour (mph); reclaimed (nonpotable) water should be used whenever possible. Spray all dirt stockpile areas daily as needed. Implement permanent dust control measures identified in the approved project revegetation and landscape plans as soon as possible following completion of any soil- disturbing activities. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 26 July 2005 Related Facilities Master Plans Exhibit A Sow exposed ground areas that are planned to be reworked at dates occurring 1 month after initial grading with a quickly germinating native grass seed and water until vegetation is established. Stabilize all disturbed soil areas that are not subject to revegetation using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. Complete paving of all roadways, driveways, sidewalks, etc. that are to be paved as soon as possible; lay building pads as soon as possible after grading unless seeding or soil binders are used. Limit vehicle speeds for all construction vehicles to a maximum of 15 mph on any unpaved surface at the construction site. Cover all trucks hauling dirt, sand, soil, or other loose materials or maintain at least 2 feet of freeboard (minimum vertical distance between top of load- and top of trailer) in accordance with CVC Section 23114; this measure has the potential to reduce PM10 emissions by 7014 %. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; this measure has the potential to reduce PM10 emissions by 40.70 %. Sweep streets-at the end of each day if visible soil material is carried onto adjacent paved roads; water sweepers with reclaimed water should be used where feasible; this measure has the potential to reduce PM10 emissions by 25.60 %. All PM10 mitigation measures required should be shown on grading and building plans.. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of the structure. Mitigation Measure AIR -1.3. Implement Construction- Related Activity Management Techniques Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. Schedule construction truck trips during non -peak hours to reduce peak hour emissions. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 27 July 2005 Related Facilities Master Plans Exhibit A Limit the length of the construction work -day period, if necessary. Phase construction activities, if appropriate. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation is feasible and has been adopted. The above mitigation measures will be implemented through project specific mitigation measures and conditions of approval depending on the size of the project and per the recommendations of the Air Pollution Control District. Impact AIR -2: Long -Term Operation Emissions Long -term air quality impacts would result primarily from ongoing emissions generated by the operation of motor vehicles and by natural gas combustion and electricity consumption. The land uses proposed in the project would generate new vehicle trips in the air basin. Vehicle emissions were estimated using the ARB•s URBEMIS7G model. The increase in vehicle emissions associated with buildout of the project for each land use is presented in Table 3E-4-in the program EIR under transportation emissions. Development of the land uses in the project would increase the demand for electricity and natural gas for space and water heating. Electricity consumption would generate emissions from fuel combustion at powerplants. Natural gas combustion would also generate emissions directly. Emissions were estimated using URBEMIS7G and are listed in Table 3E -4 of the program EIR under area sources. Consistency with the Districtas CAP. As indicated in the APCD CEQA Air Quality Handbook, a consistency analysis is required in the environmental review for projects that involve a proposed project. The consistency analysis must evaluate the following questions: 1. Are the population projections used in the plan or project equal to or less than those used in the most recent CAP for the same area? 2. Is the rate of increase in vehicle trips and miles traveled less than or equal to the rate of population growth for the same area? 3. Have all applicable land use and transportation control measures from the CAP been included in the plan or project to the maximum extent feasible? Provided that the answer to all three of these questions is yes, the project is to be considered consistent with the CAP. If the answer to any one of the questions is no, then the emissions reductions projected in the CAP may not be achieved, which could delay or preclude attainment of the state ozone standard. This would be considered inconsistent with the CAP. The following paragraphs evaluate the proposed project based on the questions presented above. 1. Are the population projections used in the plan or project equal to or less than those used in the most recent CAP for the same area? Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 28 July 2005 Related Facilities Master Plans � 0 Exhibit A The CAP includes population figures for incorporated and unincorporated areas of the County for 1990, as well as population projections up to year 2010. The CAP projects that the population of the San Luis Obispo area will be 49,228 in the year 2010. The proposed project uses the population projections in the San Luis Obispo General Plan and, according to the most recent plan, the population projection for the year 2010 is also 49,228. As such, the proposed project would be consistent with the population projections in the CAP. 2. Is the rate of increase in vehicle trips and miles traveled less than or equal to the rate of population growth for the same area? Due mainly to the additional employment generated in the area (more than anticipated by the 1994 Land Use and Circulation Elements update), VMT is expected to increase faster than population in the area. Over the anticipated buildout period for the area, a gradual shift to vehicles with lower emissions is expected to at least partially offset air quality impacts of increased VMT. However, rapid commercial and industrial development in the early years could exceed this compensating reduction. 3. Have all applicable land use and transportation control measures from the CAP been included in the plan or project to the maximum extent feasible? Under the San Luis Obispo Area Plan, the goals for land use were to plan compact communities, provide for mixed land use, and balance jobs and housing. The proposed project incorporated these goals from the Area Plan, which was also identified in the CAP aim to reduce the number of VMT by local residents. For example, the Margarita Area Specific Plan would allow the development of a wide variety of land uses including Residential, Park, Neighborhood Commercial, Business Parks, and Elementary School. These land uses would provide residents with convenient access to employment, basic shopping, recreation, and education through both the locations of land uses and the design of circulation features. Based on these considerations, the proposed project would be consistent with the CAP and is not expected to further delay the attainment of state and federal air quality standards within the County. Therefore, this impact is considered to be less than significant. Mitigation Mitigation Measure AIR -2.1. Implement Growth- Phasing Schedule. The City will implement a growth- phasing schedule for the Airport area, to assure that nonresidential development in the urban area does not exceed the pace of residential development. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Policy 1.4 of the Land Use Element says that the gap between housing supply and demand (due to more jobs and college enrollment) should not increase. The City Council reviews both residential and commercial development growth rates as part of the Annual Report on the General Plan. Policy 1. 11.4 of the Land Use Element says that each year the City Council will evaluate the actual increase in nonresidential Findings of Fart and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 29 July 2005 Related Facilities Master Plans Exhibit A floor area and shall consider establishing limits if the rate for any five year period exceeds five percent. If this General Plan policy is implemented through a new ordinance, then commercial floor area can be allocated, or phased, in the Airport Area, similar to the way residential dwellings are allocated to expansion areas such as the Margarita Area and Orcutt Area.. Noise No significant impacts associated with Noise were identified in the program EIR for the proposed project. Hazardous Materials Impact HAZ -1: Potential Construction- Related Exposure to Hazardous Materials Construction - related activities associated with specific projects in the Airport and Margarita Areas and development of roadway /utility infrastructure associated with the facility master plans would involve the use of materials that could contaminate nearby soils and water resources in the project area (e.g., petroleum -based fuels and oils, solvents, cement).. Additionally, construction workers and other people could be exposed to dust or emissions containing these materials. Construction workers could also be exposed to organic pesticides, herbicides, and other hazardous materials during groundbreaking activities. Groundwater may also occur near the surface along buried infrastructure alignments. Trenches or tunnels may encounter groundwater, which may require dewatering for pipe placement. Contaminated water encountered during construction - related activities may also require special handling and disposal procedures. While known and potential hazardous materials /waste sites have been identified in the Airport area, the potential also exists to expose construction workers to previously undiscovered hazardous materials /waste sites during development of the Margarita area. Because construction- related activities could substantially increase the use of hazardous materials and increase the risk of exposure to hazardous materials in the project area, this impact is considered significant. Mitigation Implementation of the following mitigation measures would reduce this impact to a less - than- significant level. Mitigation Measure HAZ -1.1. Implement a Construction- Related Hazardous Materials Management Plan. Before beginning construction activities, a project proponent will submit a hazardous materials management plan for construction activities that involve hazardous materials. The plan will discuss'proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 30 July 2005 Related Facilities Master Plans - Exhibit A with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction- related activities, the project proponent will implement Mitigation Measure HAZ -1.2. Mitigation Measure HAZ -1.2. Conduct Phase I and Possibly Phase II Environmental Site Assessments to Determine Soil or Groundwater Contamination. The project proponent will complete a Phase I environmental site assessment for each proposed public facility (e.g., streets and buried infrastructure). If Phase I site assessments indicate a potential for soil and/or groundwater contamination within or adjacent to the road or utility alignments, a Phase II site assessment will be completed. The following Phase II environmental site assessments will be prepared specific to soil and/or groundwater contamination. Soil Contamination. For soil contamination, the Phase II site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department ( SLOFD) will be notified and a workplan to characterize and possibly remove contaminated soil will be prepared, submitted, and approved. Groundwater Contamination. For groundwater contamination, the Phase II assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB before activities. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation is feasible and has been adopted. Areas within the AASP identified as being the most contaminated are designated as open space. This mitigation measure is also implemented through development review requirements and compliance with Fire Department and RWQCB requirements. Impact HAZ -2: Potential Operations- Related Exposure to Hazardous Materials Implementation of the proposed project would include the development of manufacturing and business park land uses in the Airport Area and the development of business park land uses in the Margarita Area. Operations at the sites could involve the delivery, use, manufacture, and storage of various chemicals necessary to perform manufacturing and business park activities. Operations- related activities within both the Airport and Margarita Areas could substantially increase the use of hazardous materials and increase the risk of exposure to hazardous materials in the project area. Development of the specific roadway and utility infrastructure improvements outlined in the facility master plans would not generate a substantial amount of operations - related hazardous materials. Because operations - related activities could substantially increase Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 31 July 2005 Related Facilities Master Plans Exhibit A the use of hazardous materials and increase the risk of exposure to hazardous materials in the project area, this impact is considered significant. Mitigation Implementation of the following mitigation measure would reduce this impact to a less - than- significant level. Mitigation Measure HAZ -2.1. Implement an Operations - Related Hazardous Materials Management Plan. The project proponent will ensure that a hazardous materials management plan for operations - related activities is established and addresses the delivery, use, manufacture, and storage of various chemicals. The plan will identify the proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. In addition, the SLOFD will conduct routine fire and life- safety inspections to determine compliance with applicable health and safety codes. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Areas within the AASP identified as being the most contaminated are designated as open space. This mitigation measure is also implemented through development review requirements and compliance with Fire Department and RWQCB requirements. Impact HAZ -3: Short -Term Surface Water Quality Degradation from Accidental Release of Hazardous Materials during Construction- Related Activities Construction- related activities associated with specific projects in the Airport and Margarita Areas and development of roadway /utility infrastructure associated with the facility master plans would require the installation of much buried infrastructure to support development. The proposed buried infrastructure may cross several drainages, and construction- related activities would involve the use of hazardous materials (e.g., oils, grease, lubricants) that could accidentally be released into local waterways. Water quality impacts would largely be determined by the duration and seasonality of construction- related activities. Specific areas of concern in the Airport area include San Luis Obispo Creek, Orcutt Creek, and Davenport Creek. Areas of concern in the Margarita Area include Acacia Creek. Although construction- related activities occurring during the dry season would have less potential to flush hazardous materials into a stream or drainage, low summer flows are less able to dilute hazardous materials entering the water column. Because construction- related activities would substantially increase the use of hazardous materials and increase the risk of accidental release of hazardous materials into project -area drainages, this impact is considered significant. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 32 July 2005 Related Facilities' Master Plans i C Exhibit A Mitigation Implementation of the following mitigation measure would reduce this impact to a less - than- significant level. Mitigation Measure HAZ -1,1. Implement a Construction - Related Hazardous Materials Management Plan. This mitigation measure is described above. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Areas within the AASP identified as being the most contaminated are designated as open space. This mitigation measure is also implemented through development review requirements and compliance with Fire Department and RWQCB requirements. Public Services and Utilities Impact PS -1: Impacts on Water Supply and Distribution Facilities The project includes portions of the land use plan from EIR Alternative 3. Additional demand for water supply under Alternative 3 is similar to demand under the proposed project. However, the project would result in additional demand east of the airport and south of the URL. This area is currently not planned for development within the City General Plan or facility master plans. This area is not planned to be provided with adequate distribution facilities to serve potential development. Therefore, a significant and unavoidable impact exists in the area of water distribution facilities. Impact PS -2: Impacts on Sewer Mains and Capacity, and Expansion of Treatment Facilities Additional demand for water reclamation facility capacity is similar to demand under the proposed project. However, the project would result in additional demand east of the airport and south of the URL. This area is currently not planned for development within the City General Plan or the Wastewater Master Plan Update. As a result, the impacts in the area of wastewater collection are considered significant and unavoidable. Impact PS -3: Impacts on Storm Drain Capacity The proposed project would result in additional stormwater generation east of the airport and south of the URL. This area is currently not planned for development within the City General Plan or the Storm Drain Master Plan. As a result, impacts in the area of stormwater collection facilities are considered significant and unavoidable. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 33 July. 2005 Related Facilities Master Plans Exhibit A Mitigation The following mitigation measures address impacts PS -1 through PS -3. All impacts are considered significant and unavoidable, because the area being served includes land outside of the current URL, General Plan and service plans. However, a development review procedure is in place to insure that issues are identified are resolved prior to project approvals. Mitigation Measures PS -1.1 and PS -1.2 require future site - specific studies before the review and approval of projects in the area east of the airport and south of the URL to determine specific water, wastewater, and storm drainage system capabilities to serve the projects proposed. Because the ability to mitigate these impacts cannot be projected pending the project specific engineering study, these impacts were determined to remain significant and unavoidable.. Mitigation Measure PS -1.1. Submit Engineering Feasibility Study. Before specific project review and approval of project in the area east of the airport and south of the URL the project proponent will submit a detailed engineering assessment of the specific project's water demand and sewer /wastewater, and storm drainage production, and an assessment of the City's infrastructure system to handle the project in question. The project proponent will be required to provide mitigation to offset impacts on the water, wastewater, and/or storm drainage system as determined by the City. Mitigation Measure PS -1.2. Require Developments Expanding Water, Wastewater, and Storm Drainage Infrastructure to Pay for Improvements. The City will require that new large -scale developments in the area east of the airport and south of the URL include a funding mechanism for the installation and maintenance of water, wastewater, and storm drainage infrastructure and service to the area. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. This mitigation measure is implemented through policies in Chapter 7 (Utilities) that require performance of the requirements above. Cultural Resources Impact CR -1: Potential Damage to or Destruction of Known and/or Unknown Cultural Resources Different types of cultural resources throughout the planning areas could be affected by activities proposed within the Airport and Margarita Areas and the related facility master plan areas. For example, archaeological sites are susceptible to damage during excavation. Generally, the scientific value of archaeological sites is in the information that can be extracted about past lifestyles. Any activity that moves, removes, or destroys aspects of a site will compromise that information. The historic built environment and historic landscape are also Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 34 July 2005 Related Facilities Master Plans- Exhibit A quite susceptible to impacts associated with activities proposed under the specific plans. For example, any activity that destroys or alters the physical makeup of structures or the setting in which they exist, including, but not limited to, the construction of new, structures, will compromise the integrity of these resources. Previous cultural resource field surveys have identified a wooden bam in the Airport Area and a cluster of four stone mortars in the Margarita Area. Although individual projects have not been proposed, resources associated with these findings may be adversely affected by individual projects. Impacts on these cultural resources could result from ground disturbance associated with infrastructure development and construction of new structures, roads, and underground utilities. Implementation of the proposed project would entail reuse of the area for residential, service and manufacturing, commercial, office, public, open space, recreational, infrastructure, and underground utilities.. Ground disturbance associated with infrastructure development and construction of new structures, access roads, and underground utilities could have an impact on known or unknown cultural resources; therefore, this impact is considered significant. Mitigation Implementation of the following mitigation measure would reduce this impact to a less - than- significant level. Mitigation Measure CR -1.1. Protect Known and/or Unknown Cultural Resources. The City will ensure that the project proponent implements the following measures before and during development of specific projects proposed under the Airport Area and Margarita Area Specific Plans and the related facility master plans. Specific measures include the following: Conduct Surveys of Unsurveyed Areas. Before implementing project activities, pedestrian surveys will be conducted to locate and record cultural resources. Evaluate Resources within the Project Areas. Resources in the planning areas that cannot be avoided will be evaluated. Additional research and test excavations, where appropriate, will be undertaken to determine whether the resource(s) meets CEQA or NRHP significance criteria. Impacts on significant resources that cannot be avoided will be mitigated in consultation with the lead agency for the project. Possible mitigation measures include: - a data recovery program consisting of archaeological excavation to retrieve the important data from archaeological sites; - development and implementation of public interpretation plans for both prehistoric and historic sites; Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for tlw Airport Area and Margarita Area Specific Plans and 35 July 2005 Related Facilities Master Plans n - Exhibit. A - preservation, rehabilitation, restoration, or reconstruction of historic structures according to the Secretary of Interior Standards for Treatment of Historic Properties; - construction of new structures in a manner consistent with the historic character of the region; and - treatment of historic landscapes according to the Secretary of Interior Standards for Treatment of Historic Landscapes. If the project involves a federal agency, and is therefore subject to a Memorandum of Agreement, the inventory, evaluation, and treatment processes will be coordinated with that federal agency to ensure that the work conducted will also comply with Section 106 of the NHPA. Finding: Mitigation Has Been Incorporated into the Project. The City finds that the mitigation measure is feasible and has been adopted. Implementation of the mitigation measure will occur as part of the development review process, guided by the policies and objectives of the City's Historical Resource Preservation Program Guidelines. Cumulative Impacts Because of the program -level nature of the project, cumulative impacts are considered in each of the sections of Chapter 3 of the program EIR (and the project's significant impacts are discussed above for each resource topic listed). The project directly implements policies and plans adopted by the City, including the City General Plan. This EIR analysis uses the projection approach to cumulative impact analysis, supplemented by the policies contained in the proposed Airport Area Specific Plan and Margarita Area Specific Plan. The projection approach to cumulative impact analysis involves considering the project effects in light of the effects summarized in an adopted general plan or related planning document that is designed to evaluate regional or areawide conditions* (State CEQA Guidelines, Section 15130[b][1][B].) The analysis is based on the assumption that the cumulative impacts analysis of the general plan EIR provides an appropriate and adequate base for analysis of future development and cumulative impacts associated with the proposed project. In certain instances, the Airport Area Specific Plan and Margarita Area Specific Plan propose changes to what is currently identified in the adopted general plan. Where there are conflicts between the adopted general plan and the proposed specific plans, policies are proposed in the form of mitigation to reduce cumulative impacts. Finding: Mitigation Has Been Incorporated into the Project. Except for the impacts listed below, the City finds that the mitigation measures proposed above are feasible and have been adopted to reduce the cumulative impacts. This document will become a working part of the development review process to insure implementation of the required mitigation measures. Findings of Fact and Statement of Overriding Considerations City of San Lois Obispo for the Airport Area and Margarita Area Specific Plans and 36 July 2005 Related Facilities Master Plans Exhibit A Finding: No Feasible Mitigation is Available. The City finds that no feasible mitigation is available for the following cumulative impacts and that these cumulative impacts are significant and unavoidable: • Impact LU -1: Consistency of Proposed Specific Plans with Applicable City Plans, Policies and Agreements • Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses • Impact LU -6: Change in Views • Impact T -2: LOS in Excess of LOS D • Impact PS -1 -3: Impacts on Water Distribution Facilities, Sewer Mains and Capacity, and Expansion of Treatment Facilities, and Storm Drain Capacity. • Growth Inducement: The project would have a significant and unavoidable growth - inducing impact. A statement of overriding consideration for these impacts is made in Section 6. Growth Inducement Impact: Increased Growth and Additional Secondary Growth - Related Impacts The project will result in the potential future development of the Airport and Margarita, areas for residential, commercial, industrial, park, and open space uses. This includes the use of approximately 357.9 hectares (884.4 acres) for urban uses, including development of approximately 868 residential units for approximately 2,015 people. However, the project directly implements policies and plans adopted by the City, including the City General Plan. The proposed project, including the land use portion of Alternative 3, includes development beyond the existing Urban Reserve Line. The impact is considered significant and unavoidable. Mitigation Implementation of the adopted policies in the City&s general plan and mitigation measures in the General Plan EIR (aimed at reducing the secondary effects of growth), combined with implementation of the mitigation measures identified in Chapter 3 of the program EIR and the policies contained in the Airport Area Specific Plan and Margarita Area Specific Plan will reduce the secondary effects of growth associated with the proposed adoption of these specific plans and related facilities master plans. However, these impacts would not be reduced to less - than- significant levels. The project would have a significant and unavoidable growth- inducing impact. Short of denying the project, there is no feasible mitigation. Finding: No Feasible Mitigation is Available. The City finds that no feasible mitigation is available and that this impact is significant and unavoidable. A statement of overriding consideration for this impact is made in Section 6. Findings of Fact and Statement of Overriding Considerations City of San lais Obispo for the Airport Area and Margarita Area Specie Plans and 37 July 2005 Related Facilities Master Plans O Exhibit A SECTION 5. FINDINGS FOR ALTERNATIVES TO THE PROPOSED PROJECT Introduction As identified in Section 4 of this document, the proposed project will cause the following significant and unavoidable environmental impacts to occur: • Impact LU -1: Consistency of Proposed Specific Plans with Applicable City Plans, Policies and Agreements • Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses • Impact LU -6: Change in Views • Impact T -2: LOS in Excess of LOS D • Impact PS -1 -3: Impacts on Water Distribution Facilities, Sewer Mains and Capacity, and Expansion of Treatment Facilities, and Storm Drain Capacity. • Growth Inducement: The project would have a significant and unavoidable growth - inducing impact. Because the proposed project will cause significant and unavoidable environmental impacts to occur as identified above, the City must consider the feasibility of any environmentally superior alternatives to the project, as proposed. The City must evaluate whether one or more of these alternatives could substantially lessen or avoid the unavoidable significant environmental effects. As such, the environmentally superiority and feasibility of each alternative to the project is considered in this section. Specifically, this section evaluates the effectiveness of these alternatives in reducing the significant and unavoidable impacts of the proposed project. Description of the Alternatives The program EIR for the project evaluates the following four alternatives to the project. Alternative 1 Under Alternative 1, the southerly boundary of the Airport Area Specific Plan is moved northerly. The airport is excluded from the Plan area. Additionally, land to the south and west of the airport is excluded from the plan area. The total Airport Plan area is reduced by 140.3 hectares (346.6 acres). In addition to changes in the plan area boundary, the distribution of land uses within the plan area is modified as shown in Table 5 -1 and Figure 2 -4 of the program EIR and outlined below. The boundaries of the Margarita Area Specific Plan remain largely unchanged. However, the land uses within the plan area are modified as shown in Table 5 -2 of the program EIR and shown below: Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 38 July 2005 Related Facilities Master Plans Exhibit A designation of the Airport Area for 3.1 hectares (7.6 acres) of Medium - Density Residential, 136.1 hectares (336.4 acres) of Services and Manufacturing, 20.8 hectares (51.4 acres) of Business Park, and 103.8 hectares (256.6 acres) of Recreation and Open Space for a total Airport Area of 263.8 hectares (652.0) acres; designation of the Margarita Area for 71.1 hectares (175.6 acres) of Open Space, 10.9 hectares (26.9 acres) of parks, 40.4 hectares (99.8 acres) of Residential, 0.60 hectare (1.5 acres) of Neighborhood Commercial, 0.40 hectare (1.0 acre) of Special Use, 17.5 hectares (43.2 acres) of Business Park, and 27.7 hectares (68.4 acres) of Streets for a total Margarita Area of 168.6 hectares (416.4 acres); extension of Prado Road to Madonna Road; extension of Prado Road to Broad Street; construction of a roadway connection between Los Osos Valley Road and Prado Road; and extension of Buckley Road to South Higuera Street. Alternative 2 Under Alternative 2 the southerly boundary of the Airport Area Specific Plan is moved slightly south at the Airport to correspond to County Land Use designation boundaries. The airport is excluded from the Plan area. The total Airport Plan area is reduced by 39.0 hectares (96.3 acres). In addition to changes in the plan area boundary, the distribution of land uses within the plan area is modified as shown in Table 5 -3 and Figure 2 -5 of the program EIR and summarized below. No change is made to the land uses or boundaries of the Margarita Area Specific Plan. designation of the Airport Area for 3.1 hectares (7.6 acres) of Medium- Density Residential, 204.0 hectares (504.2 acres) of Services and Manufacturing, 29.3 hectares (72.4 acres) of Business Park, 120.3 hectares (297.3 acres) of Recreation and Open Space, and 8.4 hectares (20.8 acres) for Agriculture and Open Space for a total Airport Area of 365.1 hectares (902.3 acres); designation of the Margarita Area for 68.4 hectares (169.0 acres) of Open Space, 22.6 hectares (55.7 acres) of parks, 30.3 hectares (74.9 acres) of Residential, 0.9 hectare (2.1 acres) of Neighborhood Commercial, 0.40 hectare (1.0 acre) of Special Use, 27.9 hectares (68.8 acres) of Business Park, and 19 hectares (47 acres) of Streets for a total Margarita Area of 169.4 hectares (418.5 acres); extension of Prado Road to Madonna Road; extension of Prado Road (in the Margarita area) to Broad Street; Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 39 July 2005 Related Facilities Master Plans 1 Exhibit A extension of Prado Road to Tank Farm Road; and extension of Buckley Road to South Higuera Street. Alternative 3 Under Alternative 3, the southerly boundary of the Airport Area Specific Plan is moved south along the length of the southerly boundary to correspond to County Land Use designation boundaries. The airport is excluded from the Plan area. The total Airport Plan area is increased by 70.5 hectares (174.1 acres). In addition to changes in the plan area boundary, the distribution of land uses within the plan area is modified as shown in Table 5-4 and Figure 2 -6 of the program EIR and summarized below. No change is made to the land uses or boundaries of the Margarita Area Specific Plan. designation of the Airport Area for 3.1 hectares (7.6 acres) of Medium- Density Residential, 140.5 hectares (347.2 acres) of Services and Manufacturing, 132.0 hectares (326.1 acres) of Business Park, 117.6 hectares (290.6 acres) of Recreation and Open Space, and 81.4 hectares (201.2 acres) for Agriculture and Open Space for a total Airport Area of 474.6 hectares (1,172.7 acres); designation of the Margarita Area for 68.4 hectares (169.0 acres) of Open Space, 22.6 hectares (55.7 acres) of parks, 30.3 hectares (74.9 acres) of Residential, 0.9 hectare (2.1 acres) of Neighborhood Commercial, 0.40 hectare (1.0 acre) of Special Use, 27.9 hectares (68.8 acres) of Business Park, and 19 hectares (47 acres) of Streets for a total Margarita Area of 169.4 hectares (418.5 acres); extension of Prado Road to Madonna Road; extension of Prado Road (in the Margarita area) to Broad Street; construction of a roadway connection between Los Osos Valley Road and Prado Road; extension of Los Osos Valley Road from South Higuera Street to Broad Street; and extension of Buckley Road to South Higuera Street. Alternative 4: No- Project As required by CEQA, this EIR evaluates the environmental consequences of not proceeding with the project. Under this alternative, no specific plans or facility plans are adopted for the Airport and Margarita Areas. The City General Plan would not allow urban development within the Airport and Margarita Areas until adoption of specific plans. As such, no further subdivision or urban development would be expected within the specific plan areas. The No- Project Alternative would not accomplish the Cityis fundamental goal of implementing Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 40 July 2005 Related Facilities Master Plans Exhibit A the General Plan. The City evaluated the concept of not developing the Airport and Margarita Areas for urban uses during the General Plan and General Plan EIR processes and consideration of no further development is considered to be adequately addressed within these documents. Effectiveness of Alternatives in Avoiding Project Impacts This section evaluates the effectiveness of the alternatives in reducing the significant and unavoidable impacts of the proposed project. Impact LU -1: Consistency of Proposed Specific Plans with Applicable City Plans, Policies and Agreements The proposed project, which includes portions of the land use plan identified in Alternative 3, is inconsistent with the City's General Plan because it involves an expansion of the Urban Reserve Line (URL). Expansion of the URL is considered a growth inducing impact and also applies to Alternative 2 and 3. Alternative 1 and the No- Project Alternative do not involve an expansion of the existing URL and would reduce impact LU -1 to a less than significant level, but Alternative 1 would not be consistent with the County General Plan and would create an inconsistency between City and County plans. The No- Project Alternative would be inconsistent with the City General Plan, which says that the City should prepare a Specific Plan and annex the Airport Area. Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses Although Alternative 1 would result in fewer total acres of land converted, none of the reduced acreage is prime farmland. Therefore, the impact would remain significant and unavoidable under Alternative 1. Alternative 3 has the same impacts as the project in this case. Alternatives 2 and the No- Project Alternative would avoid the conversion of prim_ e farmland. Therefore, under Alternatives 2 'and 4, the significant unavoidable impact of conversion of prime farmland could be avoided. However, Alternatives 2 and 4 are not consistent with the City's greenbelt objectives and create an inconsistency between City and County plans. Impact LU -6: Change in Views Alternatives 1, 2, and 3 would result in the same significant unavoidable changes in views from a semi -rural landscape to an urban landscape in the Airport and Margarita areas as the proposed project; development would still occur under these alternatives as under the project. Under the No- Project Alternative, the General Plan would not allow urban development within the Airport and Margarita Areas until adoption of specific plans. As such, no further subdivision or urban development would be expected within the specific plan areas. Implementation of this alternative would, therefore, eliminate this significant unavoidable impact. However, Alternative 4 would not comply with City or County general plans. Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 41 July 2005 Related Facilities Master Plans Exhibit A Impact T -2: LOS in Excess of LOS D Alternatives 2, 3 and 4 would result in LOS impacts to the Broad/Tank Farm, Prado /South Higuera, and Los Osos Valley/US 101 intersections. Alternative 1 would avoid the LOS impacts associated with the project, but would not be consistent with the City's greenbelt objectives and would be inconsistent with City and County general plans. Impact PS -1 -3: Impacts on Water Distribution Facilities, Sewer Mains and Capacity, and Expansion of Treatment Facilities, and Storm Drain Capacity. Alterative 3 would result in the same impacts to water distribution, wastewater collection capacity and storm drain capacity as the proposed project, which uses the land use program described in Alternative 3. Alternatives 1, 2 and 4 would avoid these impacts, but these alternatives would not be consistent with the City's greenbelt objectives and would be inconsistent with City and County general plans. Impact: Increased Growth and Additional Secondary Growth - Related Impacts With the exception of the No- Project Alternative, the alternatives to the project would result in essentially the same significant unavoidable growth inducement impacts associated with the proposed project. Under the No- Project Alternative, the General Plan would not allow urban development within the Airport and Margarita Areas until adoption of specific plans. As such, no further subdivision or urban development would be expected within the specific plan areas. Implementation of this alternative would, therefore, eliminate this significant unavoidable impact. However, Alternative 4 would not comply with the City or County general plans. Environmentally Superior Alternative and Feasibility of Project Alternatives As described above, Alternatives 2, and 4 (No- Project Alternative) would avoid the significant unavoidable prime farmland conversion impact of the proposed project and Alternative 4 would avoid all but one of significant unavoidable impacts caused by the project. Alternative 1 would avoid the traffic impacts and public services impacts associated with the project and would be consistent with the City' s.General Plan. As such, this section determines whether Alternatives 1, 2, 3 or 4 are environmentally superior to the proposed project, and if so, whether they are feasible. Finding: The proposed Project is Environmentally Superior to Alternative 1 Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airpon Area and Margarita Area Specific. Plans and 42 July 2005 Related Facilities Master Plans (D O Exhibit A Alternative 1 would avoid the significant unavoidable impacts associated with traffic levels of service at three intersections. This alternative would also avoid impacts associated with public services and would not require expansion of the URL. However, Alternative 1 creates a discrepancy regarding the disposition of lands south of the URL and east of the airport, as described by Impact LU -2. City growth management policies say that the URL is the "final edge for urban development," as a means of protecting agricultural and scenic rural lands. The County's designation for the land south of the URL and east of the airport is Industrial, inconsistent with the City's URL concept and greenbelt strategy. The proposed project mitigates this impact by extending the City's URL south and east to match the County's URL, as shown in the SLO Area Plan. Alternative 1 would not prevent the development in this area from occurring, but would allow it to occur in the County outside of City jurisdiction. Therefore, this alternative is not environmentally superior to the project and the City need not make a feasibility determination of the alternative. Finding: The Proposed Project is Environmentally Superior to Alternative 2 Alternative 2 would avoid the significant unavoidable prime farmland conversion impact of the proposed project but would not substantially lessen the other environmental impacts of the project. Moreover, this alternative would result in additional significant and unavoidable impacts associated with expansion beyond its current urban reserve, would not maintain an open space greenbelt around the City, and would result in unacceptable levels of service at the Prado Road/South Higuera Street intersection. Therefore, this alternative is not environmentally superior to the project and the City need not make a feasibility determination of the alternative. Finding: The Proposed Project is Environmentally Superior to Alternative 3 Alternative 3 would result in additional significant and unavoidable impacts associated with expansion beyond the City's current urban reserve, would result in unacceptable levels of service at the Prado Road/South Higuera Street intersection, the Tank Farm Road/Broad Street intersection, and the Los Osos Valley Road/US 101 northbound ramps, and would require land south of the URL and east of the airport to provide further analysis of water distribution and wastewater collection requirements prior to development. The proposed project is similar to Alternative 3 because it has been revised to incorporate portions of the land use plan identified for Alternative 3. However, this alternative is not environmentally superior to the project and the City need not make a feasibility determination of the alternative. Finding: Infeasible to Adopt No- Project Alternative (Alternative 4) The No- Project Alternative could avoid most of the significant unavoidable impacts of the project and would not introduce new significant and unavoidable impacts. Impacts LU -1 and T -2, described above, would still exist. However, the No- Project Alternative does not comply with the designated land uses for the project area of either the City of County. The No- Project Alternative would not accomplish the City's fundamental goal of implementing the General Plan. Moreover, the No- Project Alternative fails to meet the City's basic objectives for the Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 43 July 2005 Related Facilities Master Plans I� Exhibit A project, and thus is infeasible as a means in of satisfying those objectives. The City, therefore, finds this alternative to be infeasible to implement. SECTION 6. STATEMENT OF OVERRIDING CONSIDERATIONS Introduction The program EIR for the project identifies the following significant and unavoidable impacts of the project: • Impact LU -1: Consistency of Proposed Specific Plans with Applicable City Plans, Policies and Agreements • Impact LU -5: Conversion of Prime Agricultural Land to Urban Uses • Impact LU -6: Change in Views • Impact T -2: LOS in Excess of LOS D • Impact PS -1 -3: Impacts on Water Distribution Facilities, Sewer Mains and Capacity, and Expansion of Treatment Facilities, and Storm Drain Capacity. • Growth Inducement: The project would have a significant and unavoidable growth - inducing impact. For projects which would result in significant environmental impacts that cannot be avoided, CEQA requires that the lead agency balance the benefits of these projects against the unavoidable environmental risks in determining whether to approve the projects. If the benefits of these projects outweigh the unavoidable impacts, those impacts maybe considered acceptable (CEQA Guidelines Section 15093[a]). CEQA requires that, before adopting such projects, the public agency adopt a Statement of Overriding Considerations setting forth the reasons why the agency finds that the benefits of the project outweigh the significant environmental effects caused by the project. This statement is provided below. Required Findings The City has incorporated all feasible mitigation measures into the project. Although these measures will significantly lessen the unavoidable impacts listed above, the measures will not fully avoid these impacts. The City has also examined a reasonable range of alternatives to the project and has incorporated portions of these alternatives into the project in order to reduce impacts. The City Findings of Fact and Statement of Overriding Considerations City of San 1�ir Obispo for the Airport Area and Margarita Area Specific Plans and 44 July 2005 Related Facilities Master Plans _J Exhibit A has determined that none of these alternatives, taken as a whole, is environmentally superior or more feasible than the project. Alternative 1 would result in essentially the same impacts as the project. Alternative 2 would avoid the significant unavoidable prime farmland conversion impact of the project. However, Alternative 2 would also result in additional significant and unavoidable impacts on land use and traffic that can be avoided by implementing the project. Alternative 3 includes a more desirable land use program, which reduces some land use impacts, but includes greater traffic impacts. Alternative 4 (No- Project Alternative) would avoid many of the significant impacts of the project, but is not considered feasible. In preparing this statement of Overriding Considerations, the City has balanced the benefits of the proposed project against its unavoidable environmental risks. For the reasons specified below, the City finds that the following considerations outweigh the proposed project's unavoidable environmental risks: ■ Provision of new jobs: The project would create new construction related and permanent jobs in the project area. Approximately 2.8 million square feet of commercial floor area could be developed in the Airport Area over the 34 years expected to be the build -out horizon for the project. This would result in new jobs targeted to include the kinds of higher paying jobs that are needed to support a household within the City. ■ Open Space and Natural Resource protection: Implementation of the project would result in the creation of open space protection, conservation, and restoration policies and the designation of 346 acres of open space and recreation in the project area. The land use designation, together with the policies, will ensure that areas in the vicinity of the City are reserved for future residents' recreational use and aesthetic benefits. Significant protections for natural resources, including special status plant and animal species, are incorporated into the project to reduce potentially significant impacts to less than significant levels. Some of these protections would only be possible through the controlled implementation of the project. ■ Provision of adequate public facilities for the region: The master facilities plans for the project will ensure that there are no shortfalls for water supply and distribution facilities, stormdrain, and wastewater facilities. ■ Implementation of the General Plan: The project implements a major portion of the General Plan by allowing for the annexation of the Airport Area. The annexation will allow the City to pursue its existing policies for the area such as greenbelt protection, transit service, business park development, the creation of high quality public and private facilities to support the on -going service of the Airport to the region, and growth management. ■ Consistency Between City and County Plans: The project incorporates portions of Alternative 3 in order to insure consistency between City and Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plants and 4$ July 2005 Related Facilities Master Plans, C Exhibit A County plans for the area south of the URL and east of the airport. The implementation of the land use program outlined in Alternative 3 fully mitigates Impact LU -2, however it also results in significant and unavoidable impacts to land use, traffic and public services. Nevertheless, consistency between City and County plans is considered critical for achieving other important General Plan goals such as the establishment of a permanent greenbelt south of the City, agricultural preservation, higher quality urban design, improved drainage and waterway management, provision of adequate public facilities, improved airport safety and mitigation for project related traffic impacts. Accordingly, the City finds that the project's adverse, unavoidable environmental impacts are. outweighed by these considerable benefits. Dated: 2005 Dave Romero Mayor, City of San Luis Obispo Findings of Fact and Statement of Overriding Considerations City of San Luis Obispo for the Airport Area and Margarita Area Specific Plans and 46 July 2005 Related Facilities Master Plans C •t .G 0 aw N y CD .o n.� G CD C-D {J N N •^f tro °: ra 1J yCD CD r Q CD =q ? co Co Cl. o CD CD CD N i CD = o o � _ Sao CD = N aQC G y' _ •Oi i? CD ri G C L^• lOD _• N. 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(D ac CD ro -� �v CD 0 as a o' 00 CD 3 � 1 M m x Q 1 m Q i n O 7 7� c CD CL 1 mcmoRandum May 23, 2005 TO: Bill Robeson, ALUC Staff Chris Macek, ALUC Staff ALUC Commissioners FROM: Mike Draze, Deputy Director, Long -Range Planning Michael Codron, Associate Planner SUBJECT: AASP Revisions As requested by the Airport Land Use Commission, City staff will forward the following changes to the City Council during their review of the AASP, which Will commence with a special meeting on June 14, 2005. No action on the Specific Plan by the City Council is expected until later in the summer. The ALUC should review the following list to insure that staff heard all of the proposed changes correctly and that the revised language is satisfactory. 1. Page 3 -16, Policy 3.2.24: Add sentence to end of policy, "Changes proposed to the Specific Plan shall be referred to the Airport Land Use Commission and shall be consistent with the Cluster Development Zone requirements of the Airport Land Use Plan (see AASP Policy 4.5.1)." 2. Page 4 -19, Note #5 to Table 4.3: Underlined text is added. "Allowed by right in Airport Land Use Plan Aviation Safety Areas S -1 c and S -2 only, where an employer provides on -site child care to 14 or fewer children for the exclusive benefit of employees." 3. Page 4 -15, Caretaker Quarters: Add note #7 to Table 4.3, Caretakers Quarters shall have a maximum floor area of 1,000 s.f. and are not permitted in Airport Land Use Plan Aviation Safety Areas S -1 a or the Runway Protection Zone. 4. Page 3 -12, Policy 3.2.5: Add criteria (6) to the end of the policy, "..., and (6) will not create a significant attraction for large birds in consideration of airport safety." 5. Page 4 -19, Noise Sensitive Uses Listed in Table 4.3: Add note #8, as follows: "These uses are identified in the San Luis Obispo County Regional Airport Land Use Plan (ALUP) as `noise - sensitive,' specific sound attenuation requirements may apply. Refer to the ALUP for more information" Table 4.3 will also be edited to add footnote #8 to all land uses listed as noise - sensitive in the ALUP. C' AASP Revisions, Page 2 O 6. Page 4 -21, Policy 4.4.6: Add the following sentence. "Notwithstanding the height restrictions provided in Table 4.9, in no case are building heights permitted to create an "obstruction to air navigation" as defined in the SLO County Regional Airport Land Use Plan." Table 4.9 will also include this statement as a footnote. 7. Page 4 -24, Figure 4 -5: The text box for aviation safety area S -1 b will be modified to say 50 people /acre, instead of 50 -75 people per acre. A footnote will be added, as follows: "Properties located in aviation safety area S -1 b that are over 1 nautical mile from the airport are permitted a maximum non- residential density of up to 75 people /acre." 8. All maps will be redrawn with updated Airport property boundaries. 9. Page 5 -28, Standard 5.11.1, typo: Replace Table 5.5 with correct reference to Table 4.9. 10. Page 4 -23, Policy 4.5.1: Add the underlined language. `Table 4 -10 shows that over 40% of the land within the Specific Plan boundaries is designated as open space. To provide for continued eligibility for a clustered development zone, at least 35% of the land within the AASP must remain as open space. This table does...." 11. Page 3 -10, third paragraph under Aircraft Operations: Revise first sentence of paragraph, as follows: `The Specific Plan is consistent with the SLO County Regional Airport Land Use Plan, designating the majority of land in the two most restrictive safety areas as Open Space." 12. Page 4 -5, last sentence in left column, typo: Figure 4 -4 ... 13. Page 4 -5, second sentence in right column, typo: (Figure 4 -�J ... 14. Page 4 -13: Replace Program 4.3.9 with Policy 4.3.9. 15. Page 4 -7, top of second column: Add underlined language. "Open Space land at the site can therefore become a visual resource and can contribute to airport safety, serving as an amenity for the area as a whole." 16. Page 4 -7, last paragraph: Add underlined language. "In exchange for development and selective new development at the Tank Farm Site, the appearance of this visually prominent site can be improved and large areas can be enhanced to become environmental, aesthetic and safety resources for the whole Airport Area. 16. Page 4 -21, Table 4.5: Move note to title box of table and add underlined language: "...are more restrictive than the standards provided below and may reduce maximum potential FAR. 17. Page 4 -23, first sentence of last paragraph in first column, typo: Airport ... C AASP Revisions, Page 3 The City Council will review the AASP and the ALUC's proposed changes on June 14, 2005, and again on July 26, 2005. If any of the proposed changes are not accepted, or if additional changes are made to the document-that are relevant to the ALUP, the City will return to the ALUC in August for further discussion. f { 0 r t f CD / N Fin f� f rf I IR6d� Jv o / t LO ✓l S Fin el I_ 1 i Ln C t v d C N U) U) N co a` > Y N N N U) (1) L) N O u N c �n ¢ m -0 R N j � � i u I ) U) Q a a m m ai y 4D > ¢ Q. 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R y p r 7 y = N w g a>> �>, o o b c i3V ?� u •� a o = ow Ow b Er U Q R b L u 3 N ° = q p L O O y y 7 b U R H = y w N cu V cz h ° ° r a N w ._ .0 O 7 •o U p 0 O c C U � O O L L a n. c u C 0 0 0 L L 0. 0. .T s E� C R L F •v Q u C R u R � b �A 7 40 R C N b V1 = V u o U O Q u 40 s v w C � = y � � a N o E E o aT Q" u w O oaf au UL.+ o a. •v Q• cl N o w S.i V L•Oj " C R u a -t-0 tE�uc y > c O C u C. u •0 C!] co p U ^ U O . a an c 2. w U cC a L b ; Y 6>i - a Q y a, u u b' a. O "J A F L c O U 'C C O U tq C N E N T E oq C N O C 7 7 O w� ti c LEI s c •n s = 0 a° u E 0 0 a ,_ s o •3 0 O C a cu •E '� CL O � .�. y O O fl •_ v c Q y '�-' Y Cr w •b 3 aXi '� '� •b � U C� too a� 3� 3•E -Nz.o-e p .N r+ 3 ��+ 'y C b •L L O h O so0Q°'a° C 3 > N y as ai Q .r. 3 O Vol = go= 3 u is Gq. U u .. RL•o U U`" O ; U O O to L W C L L LEI VV s c s = 0 a° u E 0 0 ¢.0 o 0 O C a cu O L V7 O y O cl v c c y '�-' 0 °' a •b 3 aXi '� '� •b � U °�' g o •b U .O w O O p .N ��+ 'y C C-0 O C N y CO ai Q .r. 3 O •� " Gq. U cl •� L O 4'J m U U cl L C O C� VV •� O O _ O T o u .E - u w 0.- uax o u w 3 y a=i .N°3 b0 to u �Eu E ca y 7z y" = h E y0 3 on o y❑ ro w o ., c U N u O c U O O d O > 0 O U 60 U Is > O V L ��F}V 2 a0 E b > h L o c c5w o uu u uo 0 O VV C�,T i��`�. � ��, (i; ti L � s `�� �J RESOLUTION NO. 9725 (2005 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO MAKING SAN LUIS OBISPO MUNICIPAL CODE SECTION 930.010 PUBLIC NUDITY PROHIBITION AND PENALTY EFFECTIVE DURING THE EXTENDED MARDI GRAS WEEKEND (12:01 AM ON THE THURSDAY PRECEDING "FAT TUESDAY" UNTIL 7:00 AM ON THE WEDNESDAY FOLLOWING "FAT TUESDAY" OF EACH YEAR) WHEREAS, during Mardi Gras, San Luis Obispo is the site of numerous large parties, with throngs of young people traveling between them, often under the influence of alcohol; and WHEREAS, displays of public nudity associated with or occurring during the time period of Mardi Gras have encouraged the gathering and incitement of large crowds; and WHEREAS, the conduct of crowds congregating to view and encourage such displays create the potential for incidents of public disorder that threaten the public safety and welfare; and WHEREAS, the prohibition of public nudity during the time period in which the majority of Mardi Gras related events and gatherings generally occur will provide the City and law enforcement with an important tool to prevent and address potential threats to the public safety and welfare and to maintain the public peace; and WHEREAS, San Luis Obispo is a charter city with the authority to adopt ordinances and resolutions governing matters pertaining to municipal affairs, and the provisions of this resolution are designed to protect the health safety and welfare of the residents of, and visitors to, San Luis Obispo. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The prohibition of and penalty for public nudity set forth at Section 9.30.010 of the San Luis Obispo Municipal Code shall be in full force and effect from 12:01 AM on the Thursday preceding "Fat Tuesday" until 7:00 AM on the Wednesday following "Fat Tuesday" during each year following the adoption of this resolution, unless revoked by the City Council by resolution. SECTION 2. This resolution will go into effect (30) days after final passage and upon the effective date of Ordinance No. 1480 (2005 Series), amending Chapter 9.30 of the San Luis Obispo Municipal Code. R 9725 Resolution No. 9725 (2005 Series) Page 2 On motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on the following roll call vote: Ayes: Council Members Brown and Mulholland, and Vice Mayor Ewan Noes: Council Member Settle and Mayor Romero Absent: None The foregoing Resolution was passed and adopted this 16`h day of August 2005. Mayor David F. Romero ATTEST: 1w 41' Audrey Hoop City Clerk APPROVED AS TO FORM: Jo P. Lowell City Attorney �`B� �C�J - oQu-��c -tom