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Home My WebLink About10101-10125• 0 RESOLUTION NO. 10125 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE PLANNING COMMISSION'S DECISION TO DENY A USE PERMIT TO ALLOW A CARWASH AT 1101 MONTEREY STREET AND GRANTING SAID USE PERMIT; APPLICATION NO. U 63-09 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on September 23, 2009, for the purpose of considering a use permit request to allow a carwash facility at 1101 Monterey Street, Application No. ARC, U 63 -09; and WHEREAS, the Planning Commission denied the use permit request based on findings of inconsistency with General Plan Policy for the Downtown Core area; and WHEREAS, an appeal of the Planning Commission's action was received by the City on October 2, 2009; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the appellant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action. The appeal is granted and the use permit approved. The Council makes the following findings and imposes the following conditions: 1. The proposed use, as conditioned, will not be detrimental to the health, safety and welfare of persons living or working in the area, because the carwash facility will not exceed maximum allowed noise levels and conditions of approval on the use permit ensure ongoing compatibility with adjacent uses. 2. The subject use is appropriate at the proposed location since the service station is an existing use and the carwash can be found compatible for its downtown location when taken together with the overall redevelopment project, which involves a new convenience market designed to deemphasize the carwash function and achieve downtown objectives such as accommodating pedestrian activity and street level presence. 3. The proposed use conforms to the General Plan because carwashes can be allowed in the underlying zone with approval of a use permit and the carwash is a typical use associated with the existing service station which is an allowed in the Retail - Commercial (C -R) zone. R 10125 Resolution No. 10125 (200Qeries) Page 2 Conditions 1. The use permit shall not be effective until after all associated site development for both the carwash and convenience market has been completed consistent with the related Architectural Review Commission application #ARC 63 -09 and given final occupancy. ARC conditions of approval shall be complied with at all times including maintenance of landscaping and the site shall be kept in a clean and orderly manner. 2. The use permit shall be reviewed upon substantiated evidence the operation of the carwash and associated site development and maintenance is not in full compliance with conditions of approval in this use permit. In review of the use permit, the Director may add, delete or modify conditions of approval, or revoke the use permit. 3. If, at any time in the future; operation of the carwash results in noise levels that exceed City Municipal Code standards the use shall be discontinued until the noise can be brought into compliance with the conditions listed herein. 4. Additional detail of carwash facility including the Carwash Equipment Room shall be provided during the building permit review process to ensure compliance with Municipal Code section 13.08.160 (Grease, oil, sand interceptors). The proposed carwash would require clarifier installation. Installation of any floor drains will require safeguards to protect sanitary sewer system. 5. Backflow devices are required for protection of the potable water systems both on- and off -site. 6. The car wash mechanical dryer unit shall be fitted with the appropriate noise reduction package as supplied by the manufacturer. 7. The car wash and associated mechanical equipment shall not be operated or tested between 10 PM and 7 AM. SECTION 2. Environmental Review. Categorically exempt under Class 32, Infill Development, Section 15332 of the CEQA Guidelines. Upon motion of Council Member Carter, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None Resolution No. 10125 (2000eries) • Page 3 The foregoing resolution was adopted this 3rd day of November, 2009. ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: Jo athan ,y Lowell City ttorney E 0 RESOLUTION NO. 10124 (2009 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING VESTING TENTATIVE TRACT MAP NO. 3011 TO CREATE FIVE COMMERCIAL LOTS AND ONE OPEN SPACE LOT WITH PROVISION FOR AIR SPACE CONDOMINIUM OWNERSHIP OF SPACES WITHIN PROJECT BUILDINGS AND INCLUDING AN ADJUSTMENT TO THE MARGARITA AREA SPECIFIC PLAN REGARDING THE EXTENT AND DESIGN OF THE PROPOSED COLLECTOR ROAD ON THE PROJECT'S EAST SIDE FOR PROPERTY LOCATED AT 400 PRADO ROAD TRIER 112 -07 WHEREAS, the Planning Commission conducted a public hearing on September 23, 2009, and recommended approval of the project; 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 November 3, 2009, pursuant to an application filed by Prado Park, LLC, applicant for the purpose of considering TRIER 112 -07, a vesting tentative tract map subdividing an approximately 20 -acre site into 6 lots with provision for air space condominium ownership within project buildings; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project entitlements in accordance with the California Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration incorporating all of the following mitigation measures with monitoring programs into the project: R 10124 Resolution No. 10124 (200 *eries) Page 2 Aesthetics Mitigation Reduction of Light and Glare The applicant shall submit an exterior lighting plan ensuring that lighting associated with the project shall not spill over the property lines and that light trespass shall be reduced by shielding lights and recessing light sources within fixtures. The lighting plan shall propose specific measures to limit the amount of light trespass associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed one foot -candle at adjacent property lines and submit photo metrics to substantiate this standard is met. The lighting plan shall be to the review and approval of the Architectural Review Commission. Monitoring Program: The ARC will review development plans for the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting are compliant with the MASP provisions and have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. Air Ouality Mitigation Operational Phase Mitigation 2. In order to mitigate air quality impacts associated with this project the applicant must implement the following measures: a. Mitigation Measures AIR 1.1, 1.2, 1.3, and AIR 2.1 from the MASP /AASP EIR. b. Provide on -site bicycle parking. One bicycle parking space for every 10 car parking spaces is considered appropriate. c. Provide on -site eating, refrigeration, and food vending facilities to reduce employee lunchtime trips. d. Provide preferential carpool and vanpool parking spaces. e. Provide shower and locker facilities to encourage employees to bike and/or walk to work, typically one shower and three lockers for every 25 employees. f. Increase the building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall, or floor insulation, installing double -pane windows, using efficient interior lighting, etc.). g. Implement all feasible Discretionary and Greenhouse Gas Mitigation Measures (but no less than 10) provided in the letter from APCD dated February, 2008. Resolution No. 10124 (20099eries) Page 3 Monitoring Program: The applicant is required to implement all of the APCD's Standard Mitigation Measures and at least 10 Discretionary and Green House Gas Mitigation Measures to the approval of the Community Development Department and the APCD. No construction work may commence before said mitigation has been approved by the City and APCD. Biological Resources Mitigation 3. Implement the following Mitigation Measures from the MASP /AASP EIR: a. BIO 1. 1, conduct surveys to determine presence of wetlands and/or sensitive species (already completed); b. BIO 6.1, minimize impacts to wetland habitat and prepare and implement a wetland habitat mitigation plan, to the satisfaction of the Natural Resources Manager, California Department of Fish and Game, and U.S. Army Corps of Engineers; c. BIO 9.1, mitigate for impacts to sensitive plant species (Congdon tarplant) to the satisfaction of the Natural Resources Manager; d. BIO 12.1, conduct preconstruction surveys to determine presence of burrowing owl, and, if found, prepare and implement a protection and mitigation plan to the satisfaction of the California Department of Fish and Game; e. BIO 13.1, provide training for construction personnel to recognize and protect California red - legged frogs; and f. BIO 17.1, provide training for construction personnel to recognize and protect southwestern pond turtle. To accomplish the above, a City- approved biological monitor shall be retained by the project sponsors to oversee implementation of the described mitigations and other protective measures. Monitoring Program: Prior to the onset of construction, the wetland habitat mitigation plan, mitigation for the Congdon tarplant, surveys for the burrowing owl, and training for construction personnel shall be completed or in progress to the satisfaction of the Natural Resources Manager. Cultural Resources Mitigation 4. If excavations encounter significant paleontological resources, archaeological resources, or cultural materials, then construction activities which may affect them shall cease until the extent of the resource is determined and appropriate protective measures are approved by the Community Development Director. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist. If pre - historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. Resolution No. 10124 (2009 genes) • Page 4 Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. Geology and Soils Mitigation Reduction of Geotechnical Concerns 5. The applicant shall incorporate the recommendations included in the Soils Engineering Report for Parcel 12 Prado Road prepared by GeoSolutions Inc. into final project plans and specifications. Monitoring Program: The applicant is responsible for incorporating the recommendations presented in the Soils Engineering Report prepared by GeoSolutions into the project plans and specifications to the approval of the Community Development Department. No site preparation or construction work may commence before project plans have been approved by the City. Hazards and Hazardous Materials Mitigation Preparation and Implementation of a "Construction - Related Hazardous Materials Management Plan" 6. As stipulated in the MASP /AASP EIR, the applicant shall prepare a plan identifying, when they are known, site/development - specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall 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 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 applicant will cause Mitigation Measure HAZ -1.2 to be activated. Mitigation Measure HAZ -1.2 states: "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 H site assessment will be completed. The following Phase 11 environmental site assessments will be prepared specific to soil and /or groundwater contamination. a. Soil Contamination. For soil contamination, the Phase 11 site assessment will include soil sampling and analysis for anticipated contaminating substances. Ifsoil Resolution No. 10124 (200kes) • Page 5 contamination is exposed during construction, the San Luis Obispo Fire Department ( SLOFD) will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted, and approved. b. Groundwater Contamination. For groundwater contamination, the Phase 11 assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. Ifgroundwater 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. Monitoring Program: The "Construction- Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. Preparation and Implementation of an "Operations- Related Hazardous Materials Management Plan" 7. As stipulated in the MASP /AASP EIR, the applicant shall prepare a plan identifying hazardous materials management practices as might be required by state and local laws and regulations regarding delivery, use, manufacture, and storage of any such regulated materials might be present on site for any operations- related activities. This plan would identify the proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. By the filing of said Plan, the City Fire Department will be on notice to provide regular and routine fire and life -safety inspections to determine compliance with applicable health and safety codes. Monitoring Program: The "Operations - Related Hazardous Materials Management Plan" will be required to be submitted by a project applicant to the City Community Development Department and City Fire Department for review prior to the establishment of any operations - related activities. Conduct a Geologic Evaluation to Determine if NOA is Present 8. According to the APCD the project site is a candidate area for NOA, which has been identified as a toxic air contaminant by the ARB. The project applicant is responsible for conducting a geologic evaluation of the area that will be disturbed to determine if NOA is present. If NOA is found at the site, the applicant must comply with all requirements Resolution No. 10124 (2001eries) Page 6 outlined in the Asbestos ATCM. If NOA is not present, an exemption request must be filed with the APCD. Monitoring Program: The geologic evaluation will be required to be submitted by a project proponent to the City Community Development Department and APCD for review prior to any grading activities. If NOA is found at the site, the Asbestos ATCM shall include an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program subject to the approval of the APCD. Transportation/Traffic Mitigation Impacts to the South Higuera & Prado Road Intersection 9. As part of public infrastructure improvements for the subdivision map, the applicant shall: a. Modify the intersection of Prado Road/Higuera Street in order to lengthen the westbound left -turn lane on Prado Road to a minimum of 200' of storage length. b. Install countdown pedestrian signal heads for the two South Higuera Street crossings. c. Modify the eastbound and westbound approaches of Prado Road to include protected/permissive left -turn signal phasing. d. The improvements shall include miscellaneous signing and striping modifications and potential installation/modification of traffic signal detection equipment for the approaches of Prado Road. Monitoring Program: Compliance with the required mitigation measures shall be reflected on the plans for project grading and construction and shall be completed to the satisfaction of the Public Works Director prior to City issuance of a certificate of occupancy for the project. Unocal Collector Road 10. An adjustment to the MASP shall be processed along with the tentative subdivision map for the project. A condition of approval shall preserve the potential for the extension of the collector road to the south through the full dedication of the needed right -of -way. The condition shall also require that a covenant agreement be executed to call for the future development of the extended roadway if determined to be desired in the future. Monitoring Program: The required adjustment to the MASP will be reviewed by the Planning Commission with their consideration of the tentative tract map and either approved or denied by the City Council with their final action on the tract map. Community Development and Public Works staffs would insure that a condition of approval attached to the tract map included a requirement for the full Resolution No. 10124 (2009 eries) • Page 7 dedication of the needed right -of -way. The required covenant agreement would be executed along with the review of the final tract map and improvement plans. Preparation and Implementation of "Traffic Reduction Program" 11. In order for MASP /RASP EIR Mitigation Measure T -2.1 adopted with the certification of the MASP /AASP EIR in conjunction with the approval of the RASP in August, 2005 (Ref. City Council Resolution No. 9726, 2005 Series) to be brought forward to this site - specific project stage, a transportation demand management program that demonstrates reduction of peak period travel by single - occupant vehicles shall be required of any employer within the subdivision with 25 or more employees. Said program shall incorporate all reasonably feasible measures or techniques, including those listed in the MASP /AASP EIR/General Plan Circulation, that encourage alternate modes other than single- occupant vehicles as the primary mode of transportation to the workplace and to travel during non -peak times. Monitoring Program: Each business owner, upon employment of 25 or more employees, shall immediately prepare and submit, obtain approval from the City Public Works Director and implement the provisions of a Traffic Reduction Plan which demonstrates reduction of peak period travel consistent with requirements of the City General Plan Circulation Element Policies and Programs. City Staff shall periodically inspect the business to observe and assure that reduction techniques approved by the City are in place and adhered to by the business. Staff shall take any corrective or enforcement actions authorized by law to achieve compliance. SECTION 2. Vesting Tract Map No. 3011 Approval with Findings and Conditions. The Vesting Tentative Tract Map No. 3011 included as part of City Application No. TR 112 -07, which allows the creation of 6 lots, comprised of 5 commercial lots and one open.space lot, and allowing for condominium ownership within project buildings, is hereby approved, based on the following findings, including approval of an adjustment to the Margarita Area Specific Plan regarding the timing and extent of the collector road on the property's east side, and subject to the following conditions and noting certain code requirements: Findings: As conditioned, the design of the vesting tentative map is consistent with the General Plan because the proposed subdivision respects existing site constraints (oil plumes, wetlands, avigation easements, and drainage facilities) and will be consistent with the lot sizes established by the Margarita Area Specific Plan. 2. The site is physically suited for the type and density of development allowed in the Business Park (BP -SP) zone. 3. The project will not be detrimental to the health, safety, or welfare of those living or working on the site and vicinity since it has been found in conformance with applicable Resolution No. 10124 (20091 genes) • Page 8 development standards of the Margarita Area Specific Plan and General Plan Policy, and because the project specifies conditions and mitigation measures that have adequately addressed issues related to hazardous materials, over -flight concerns, high water table, and other geo- technical concerns. 4. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. The City Council hereby approves an "adjustment" to the Specific Plan regarding the extent and timing of the collector road on the east side of the project site, specifically allowing the street improvements to terminate at the southerly project driveway rather than the southern tract boundary. Full right -of -way dedication to accommodate the collector road is required by project conditions but, as conditioned, the full development of the collector road to the southern tract boundary may be postponed or not required based on potential preferred alternative locations for a collector road between Prado and Tank Farm Roads which is dependent on the ultimate development plans for properties to the south of the site. 5. As conditioned and with applicable mitigation measures, the design of the tentative tract map and proposed improvements are not likely to cause serious health problems, substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat. 6. The subdivision will not have a significant adverse impact on the environment, subject to the mitigation measures of the Final Environmental Impact Report (EIR) certified by the City Council on October 12, 2004, being incorporated into the project, the mitigation monitoring program adopted with said EIR approval being followed and mitigation measures recommended herein. 7. A Mitigated Negative Declaration was prepared by the Community Development Department on January 16, 2009. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. Conditions: 1. Prior to final map approval, the condominium plan for the project shall be submitted for review to ensure compliance with City standards, subject to the approval of the Public Works and Community Development Directors. 2. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify, and hold harmless the City and /or its agents, officers, and employees from any claim, action, or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void, or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. Resolution No. 10124 (2000eries) • Page 9 3. Subdivider shall prepare conditions, covenants, and restrictions (CC &Rs) to be approved by the Community Development Director and City Attorney prior to final map approval. CC &Rs shall contain the following provisions: a. Creation of a property owners' association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common areas including private driveways; drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping. b. Grant to the City the right to maintain common areas if the property owners' association fails to perform, and to assess the property owners' association for expenses incurred, and the right of the City to inspect the site at mutually- agreed times to assure conditions of CC &Rs and final map are being met. 4. The subdivider shall dedicate a 15' wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 5. The subdivider shall dedicate a 10' wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 6. Access rights shall be dedicated to the City along Prado Road and the collector road except at approved driveway locations as shown on the tentative map. 7. Development of the affected lots shall comply with all provisions of the August 11, 2006, Covenant and Environmental Restriction on Property between Union Oil Company of California and the Regional Water Quality Control Board unless otherwise amended or exempted. 8. A phased final map is not proposed as part of the tentative map approval. Construction phasing is proposed and is defined by a Phase 1 consisting of Buildings A and B constructed on Lots 1 and 2 respectively. No additional construction phasing has been proposed or endorsed through this process beyond Phase 1. Therefore, Phase 2 is defined in these conditions as construction of any buildings, along with their associated improvements, except for Buildings A and B. Phase 3 is defined as construction of the collector road and pertinent utilities beyond the Phase 2 limit of development. The scope of work for Phase 3 is dependent upon the outcome of environmental review for the Collector Road extension. 9. The temporary Phase 1 improvements shall be removed or altered in conjunction with the Phase 2 improvements. The temporary improvements include both public and private improvements. Temporary improvements located within the public right -of -way shall be covered by an encroachment permit, temporary encroachment agreement, and covenant to Resolution No. 10124 (200kes) Page 10 install final improvements. The required agreement and covenant shall be recorded against the property. 10. The architectural site plans submitted for final review by the ARC shall be revised to clarify the proposed construction phasing consistent with the tentative map and project conditions of approval. 11. The plan submittal for final review by the ARC shall be revised to include the appropriately- phased landscape plans. The landscape plans shall agree with the architectural site plans and civil plans approved with the tentative map. The landscape plans shall honor any temporary improvements that are proposed to be removed or reconstructed with the build -out of the subdivision, construction of Prado Road improvements, and the Collector Road in accordance with the tentative map, specific plan, and approvals of the Western Enclave Subdivisions. The street trees shown on the landscape plans for the Collector Road shall be revised to meet City Standard Drawing 8010 for planting within a sidewalk (Zone 1). 12. The public improvement plans for this subdivision shall consider the proposed or required phasing to be completed by the combined development known as Margarita Area Specific Plan western enclave (VTTM 2353, VTTM 2428 and VTTM 2342). The public improvement plans for each subdivision shall include any permanent or temporary offsite improvements as considered necessary by the Director of Public Works to provide a reasonable transition between the subdivisions in the case that one project is developed before another. The scope of required improvements shall be approved to the satisfaction of the Public Works Director. 13. The Prado Road Extension (PRE) plans and detention basin plans have not been approved. The pertinent plans affecting each phase of construction shall be approved or partially approved to the satisfaction of the Public Works Director prior to approval of the public improvement plans or map recordation. All plan review fees and pertinent inspection fees shall be paid for the review of the PRE and detention basin plans. 14. The Phase l grading and drainage improvements shall be shown on the phased public improvement plans. The improvements shall be in accordance with the project drainage report and may include but are not limited to water quality treatment, detention, sizing of temporary drainage structures, and erosion protection. The ultimate detention basin shall be completed prior to or in conjunction with the Phase 2 subdivision improvements. 15. All Prado Road and collector road improvements shall be constructed as follows: a. Phase 1 Prado: PRE improvements along the subdivision frontage including %z street (two 12 -foot travel lanes and 6 -foot bike lane), curb, gutter, 6- foot -wide parkway, and 6- foot -wide detached sidewalk. If Tract 2342 road improvements are under construction, Phase I improvements shall include the median. Resolution No. 10124 (2009eries) Page I 1 b. Phase 2 Prado: PRE improvements along the subdivision frontage including '/� street plus 26 feet. If Tract 2342 improvements have not commenced, the northerly edge . treatments shall be approved to the satisfaction of the Public Works Director. c. Phase 1 Collector: Complete paving on Prado Road to beginning of curb return on the Collector Road. d. Phase 2 Collector: Complete %Z street including curb, gutter, and an 8 -foot sidewalk with tree wells and grates. e. Phase 3 Collector: Complete %Z street plus 12 feet (two 12 -foot travel lanes, two 5 -foot bike lanes and an 8 -foot integral sidewalk). Depending upon the final disposition of the Collector Road extension, the improvements shall extend to the southerly tract boundary or shall be terminated in a cul -de -sac or knuckle to the approval of the Public Works Director. The project shall develop a Class 1 bicycle /pedestrian pathway connection to the south should the adjacent collector roadway (that includes bike lanes and sidewalks) not extend south of the project. The location shall be approved by the Public Works Director. The multi -use path should be 12 feet in width as called for in the Specific Plan, however the Natural Resources Manager and Public Works Director may approve an alternate width in locations where environmental conditions or right -of -way limitations warrant a narrower path. 16. Prior to map recordation, a subdivision agreement and a surety shall be required to guarantee completion of all the required subdivision improvements, including completion of Phase 3 improvements to the subdivision boundary (extending the collector road south, extending the sewer main, and extending the Class 1 bikeway). The surety shall include an estimate of the cost to design Phase 3 improvements and prepare any environmental documents or amendments to the existing documents related to subdivision improvements beyond those shown on the tentative map. 17. The proposed temporary private sewer lift station(s) serving this development shall be removed and connections made to the permanent sewer main located in the collector road upon the completion of the main and the availability of the main extension to the Tank Farm Road lift station. The on -site laterals and/or private mains shall be designed to connect to the ultimate main location unless temporary on -site facilities are otherwise approved by the City. 18. The final design of the proposed fill and construction of the stormwater detention basin shall take into consideration the effects on the 100 -year floodplain. The final drainage report shall establish and confirm the base flood elevation by processing a CLOMR or CLOMR -F with FEMA prior to approval of any plans for ground - disturbing activities that could adversely affect the floodplain. The analysis required for the CLOMR/CLOMR -F shall show that the proposed finish floors of the structures are at least one foot above the Resolution No. 10124 (2004eries) Page 12 100 -year flood elevations and that the proposed grading does not significantly reduce the amount of floodplain storage per the WWMP -DDM. Once construction is complete, but prior to final occupancy, the subdivider /developer shall finalize the CLOMR with a final Letter of Map Change (LOMC) through FEMA. A final LOMR shall be processed at the completion of each phase of grading if phased grading is proposed. Miscellaneous Requirements 19. Public improvement plans shall be submitted to the Public Works Department for review and approval. The plans shall be approved prior to map recordation and prior to building permit issuance. Public improvement plans and specifications shall comply with the City Engineering Standards and Standard Specifications in effect at the time of submittal of the improvement plans. The current standards are dated January 2009. 20. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each lot/parcel to the satisfaction of the Public Works Director and serving utility companies. A private sewer main may be proposed to the satisfaction of the Building Official, Utilities Engineer, and Public Works Director. 21. All final grades and alignments of all public water, recycled water, sewer, and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Director. 22. The subdivider shall install street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires per City standards along the subdivision frontage. Off -site street lighting improvements, alterations, or upgrades may be required along roadways leading to and from the proposed development to complete the necessary public improvements. 23.. If off -site dedication of property for public right -of -way purposes is necessary to facilitate the construction of utility "and road improvements or for a proposed extension of the sewer main to the Tank Farm lift station, the subdivider shall exhaust all avenues available to acquire said public right -of -way dedication. In the event the subdivider is unable to acquire said property, the City Council will lend the subdivider its powers of condemnation to acquire the off -site right -of -way dedication, including any necessary construction, slope, and drainage easements. 24. Phase 2 improvements will require off -site right -of -way acquisition. The subdivision agreement shall include a provision requiring the subdivider to pay for all costs incurred by the City to acquire off -site right -of -way, including, but not limited to, all costs associated with condemnation through the condemnation process, if the subdivider has exhausted all reasonable efforts to acquire interest to the subject property. If condemnation proceedings are required, the Subdivider shall submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: Resolution No. 10124 (2004eries) • Page 13 a. Property legal description and sketch, stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California. b. Preliminary title report including chain of title and litigation guarantee. c. Appraisal of the property by a City- approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so. d. Copies of all written correspondence with off -site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. e. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 25. The site is within the City's Water Reuse Master Plan area and landscape irrigation for the project shall utilize recycled water. The irrigation system for Phase I and Phase 2 shall be designed per recycled water standards and operated as described in the City's Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections. Three sets of irrigation plans shall be submitted for review during the City's building permit process for Phase 1 and Phase 2. The applicant can contact the City's Utility Projects Manager at 781 -7239 for more information. 26. Prior to the issuance of a building permit, the applicant shall receive approval from San Luis Garbage Company and the Conservation Manager (781- 7258), in writing, for the final size and location of the solid waste enclosure areas. 27. All waterlines and fire services onsite shall be private ownership. Individual water meters are required for each individually -owned commercial space. Meters shall be located per City standard in the sidewalk frontage along street right -of -way. For Buildings F and G, the Utilities Department will allow a master meter for each building to be located in the sidewalk along street frontage. Individual private submeters shall be installed for each individually - owned commercial space to allow appropriate apportionment of the water and sewer bills to each owner. A property owner's association will need to be established to maintain onsite private utilities, read meters, and apportion the water and sewer bills. 28. If not already recorded, the applicant shall obtain approval from the County of San Luis Obispo for an avigation easement covering the subject property. Resolution No. 10124 (2009Qeries) Page 14 Code Requirements: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. The project is subject to all requirements in effect at the time of the building permit or map vesting date. 1. Future airspace ownership boundaries for the project shall comply with all applicable exiting provisions of the Building Code. Access to two complying exits must be maintained for all occupants on the second floor. Occupants shall not be allowed to access a required exit by transiting a space under different ownership. Condominium map shall show a dedicated space to provide common exit access for all individually -owned spaces. 2. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 3. The parcel map /final map preparation and monumentation shall be in accordance with the City's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The final map shall use U.S. Customary Units in accordance with the current City Engineering Standards. All record data shall be entered on the map in the record units; metric translations should be in parenthesis if applicable. 4. The final map shall include any required public or private easements as required for the proposed development of the tract. Easements may include, but are not limited to, grading, drainage, water, sewer, storm drainage, access, vehicle turn- around, and utilities. Any CC &Rs, maintenance agreements or common driveway agreements shall be completed and recorded concurrent with final map approval. 5. Any proposed on -site sewer main will be privately owned and maintained by the Property Owner's Association. The common landscape irrigation meter, irrigation system piping and appurtenances, and landscaping served by the common irrigation system shall be owned and maintained by the Property Owner's Association. 6. Notice of requirements shall be recorded concurrent with the final map for any impending road and/or utility improvements related to the extension of the collector road and/or sewer main within the subdivision boundary. 7. Applicant is advised that Section 16.20.110 (Reimbursement) of the San Luis Obispo Municipal Code may be applicable to this project. Resolution No. 10124 (200 *eries) Page 15 Informational Note: 1. Once the final map and condominium plan for the project has been recorded, every time airspace ownership boundaries are modified, a revised condominium plan must be recorded. On motion of Council Member Ashbaugh, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 3rd day of November, 2009. ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: n P. Lowell City Attorney RESOLUTION NO. 10123 (2009 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE BASIS FOR AND THE LEVY OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT, AND AFFIRMING THE ESTABLISHMENT OF THE DISTRICT WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code, authorizes cities to establish business improvement districts for several purposes, one of which is promotion of tourism; and WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism Business Improvement District had requested the City of San Luis Obispo establish such a self - assessment improvement district in 2008; and WHEREAS, the San Luis Obispo Tourism Business Improvement District was established in July 2008, and the San Luis Obispo Tourism Business Improvement District law was incorporated into the Municipal Code under Chapter 12.42; and WHEREAS, the City Council appointed an advisory board to carry out the functions specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS the San Luis Obispo Tourism Business Improvement District law and the Parking and Business Improvement Law of 1989 requires the advisory body to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and WHEREAS, such report was filed and approved by the City Council on September 15, 2009; and WHEREAS, on September 15, 2009 the City Council adopted Resolution No. 10115 (2009 Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement District in 2009 -10; and WHEREAS, the City Council held a duly noticed Public Hearing on October 20, 2009 to allow for protests, as contemplated by Streets and Highway Code Section 36524; and WHEREAS, sufficient written or oral protest were not received from hotel businesses in the district which pay fifty percent or more of the assessment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: a. The establishment of Tourism Business Improvement District in the City of San Luis Obispo in accordance with the San Luis Obispo Tourism Business Improvement District law, San Luis Obispo Municipal Code Chapter 12.42, and the California Streets and Highways Code, section 36500 et seq. (Parking and Business Improvement Law of 1989) is affirmed. R 10123 Resolution No. 10123 (2009 Sues) • Page 2 b. The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging. c. The assessment shall be levied and allocated by the City of San Luis Obispo. d. The assessment shall to be levied on all "hotels ", as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. e. The assessment shall be based on two percent (2 %) of gross room rent. f New hotels shall not be exempt from assessment. Upon motion of Council Member Carter, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 20th day of October, 2009. Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: Jo an P. Lowell City Attorney RESOLUTION NO. 10122 (2009 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A LAND USE ELEMENT MAP AMENDMENT TO CHANGE THE DESIGNATION FROM SERVICES & MANUFACTURING TO OFFICE AND ADOPTING A NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 1030, 1040, 1050,1060 AND 1070 SOUTHWOOD DRIVE; GP /R/ER 177 -08 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on September 9, 2009, and recommended approval of the project; 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 October 20, 2009, pursuant to a proceeding instituted under application GP/R/ER 177 -08, Michael F. Cannon, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San. Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project entitlements in accordance with the California Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent judgment of the Council. The Council hereby adopts the Negative Declaration. SECTION 2. General Plan Amendment Approval with Findings. & Conditions. The City Council finds and approves the General Plan Amendment included as part of City Application No. GP /R 177 -08, which amends the Land Use Element map designation for the property located at 1030, 1040, 1050, 1060 & 1070 Southwood Drive from Services & Manufacturing to Office as shown on the attached Exhibit A, based on the following findings and subject to the following conditions: Findings: 1. The proposed Land Use Element map amendment furthers the goals of the General Plan for compatible development because the proposed Office land use is considered a transitional use to residential development that borders the site and more accurately reflects the existing and proposed land uses planned for existing facilities at the site. R 10122 Resolution No. 10122 (2009 Sts) Page 2 2. The proposed General Plan Amendment will not be detrimental to the health, safety and welfare of those living and working in the vicinity since the proposed changes to the City's maps accommodate the existing development of the site with uses and improvements that will be compatible with other properties in the surrounding vicinity, 3. The proposed General Plan Amendment will not adversely affect the amount of area within the City set aside for Manufacturing uses as the total site area of 4 acres only represents 1.5% of the City's current supply of sites zoned Manufacturing. 4. On March 18, 2009, the San Luis Obispo County Airport Land Use Commission determined that the proposed General Plan Amendment and Rezone for the site from Manufacturing & Services, M -PD, to Office, O, was consistent with the San Luis Obispo County Regional Airport Land Use Plan. 5. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. Conditions: 1. The Land Use Element Map is hereby amended as shown in Exhibit A. 2. The Community Development Director shall cause the change to be reflected in documents, which are on display in City Hall and are available for public viewing and use. On motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 20"i day of October, 2009. Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: an P. Lowell City Attorney n P_ F. Exhibit A r r �. vW M r 1r ° �+,a.. { ■ Aq Tn .�'y4w 48 ; ° .[ f r ! r V r M. 'g' afiy r, t� � J t•et i �t,,7�� }� ;y4 . � PY a v - ^ J ry •p r w e Kr K N errs �ro FS ! a erl.Xk17 °'`fit r � � 'F' fl � ." - t " S .: N. M;j t y Gx,,:. l-ac, � 4it'13. •n L t�J .."yyy�7`�is' " � eraY'C ^f �r � t � Cy ° :.Y.P 4 5 {.: H1 t L .! of F� r iyS rt�Y'7.Yr 1'� (^ r s ( a Yr . , r.r ♦ e r 1 Y . �. x� "+r�t`a�r..L�rx";Y,f �y11 M " office (0) r r W v N 4, N_W4 S r r a 0 0 RESOLUTIONNO. 10121 (2009 Series) CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act"), certain local agencies within the State of California (the "State ") are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009 -10 fiscal year (the "Reimbursement Payments "), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of San Luis Obispo, a local agency within the meaning. of Section 6585(1) of the California Government Code (the "Seller "), is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition 1 A receivable ", as defined in Section 6585(8) of the California Government Code (the "Proposition IA Receivable "), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser "), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition I Receivable; WHEREAS, the Purchaser desires to purchase the Proposition IA Receivable and the Seller desires to sell the Proposition I Receivable pursuant to purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the "Sale Agreement ") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition I Receivable from the Seller and the purchase price of other Proposition 1 A Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds ") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture "), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee "), which Bonds will be payable solely from the proceeds of the Seller's Proposition IA Receivable and other Proposition IA Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition IA Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of San Luis Obispo to secure a borrowing, (ii) any such sale of its Proposition IA Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or fwther act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition l A Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition IA Receivable sold to the Purchaser and the Proposition IA Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition lA Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1 A Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition 1 A Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of San Luis Obispo hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition IA Receivable to the Purchaser fora price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction ") notifying the State of the sale of the Proposition lA Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1 A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition 1 A Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition ]A Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. 3 • • Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the City Council of the City of San Luis Obispo, State of California, this 20th day of October , 2009, by the following vote: AYES: Council Members Ashbaugh, Carter, Marx, Vice Mayor Settle and Mayor Romero NOES:. None ABSENT: None Mayor Attest: City Clerk Approved as to form : SELLER'S COUNSEL By Dated: DG7 Z2 ?" 4 APPENDIX A CITY OF SAN LUIS OBISPO 0 Authorized Officers: William C. Statler, Director of Finance & Information Technology Ken Hampian, City Manager any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. • RESOLUTION NO.10120 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING UPDATED ARCHAEOLOGICAL RESOURCE PRESERVATION PROGRAM GUIDELINES WHEREAS, in October 1995, the City Council adopted Resolution No. 8459 establishing Archaeological Resource Preservation Guidelines to implement the California Environmental Quality Act (CEQA) and to assist developers, staff, citizens and decision- makers in understanding a project's environmental effects prior to approval and to mitigate significant adverse effects; and WHEREAS, changes to State law regarding cultural resources and tribal consultation (SB 18) as well as changes in archaeological procedures and practices necessitates an update to the adopted Guidelines to address these changes; and WHEREAS, the Cultural Heritage Committee (CHC) prepared Draft Guidelines based on General Plan policies, State law and guidelines, and public input received at four public hearings, including detailed comments received from Native American tribes, cultural resource professionals, and citizens; and WHEREAS, the proposed Guidelines are consistent with and implement April 4, 2006 General Plan Conservation and Open Space Polices 3.5.1 through 3.5.9 regarding archaeological resource protection, Native American sites, non - development activities and cultural resource protection, archaeologically - sensitive areas; mitigation measures, archeological studies, protection of Native American cultural sites, and early Native American participation in land use decision - making; and WHEREAS, at its August 24, 2009 meeting, the CHC endorsed August 2009 Draft Archaeological Resource Preservation Program Guidelines (City File CHC 85 -08) and recommended the City Council adopt the Draft Guidelines; and WHEREAS, the City Council has considered the CHC's recommendation and Community Development Deputy Director's determination that adoption of updated Archaeological Resource Preservation Program Guidelines is categorically exempt from environmental review because it consists of an action by a regulatory agency, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. Council concurs with the Director's determination that the proposed Archaeological Resource Preservation Program Guidelines update is Categorically Exempt from environmental review (Section 15308, Actions by R 10120 Resolution No. 10120 (2009 �es) • Page 2 Regulatory Agencies for Protection of the Environment). It consists of an action by a regulatory agency, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. SECTION 2. Guidelines Approval. The updated Archaeological Resource Preservation Program Guidelines are hereby approved as recommended by the Cultural Heritage Committee. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 20th day of October, 2009. Mayor David F. Romero 040IM" Elaina Cano Interim City Clerk APPROVED AS TO FORM: Jolq,ath . Lowell City ttomey RESOLUTION NO. 10119 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF THE 2009 -10 FEDERAL CAPITAL AND OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, the Federal Transit Administration has been delegated authority to award federal financial assistance for a transportation project; and WHEREAS, a grant of federal assistance will impose certain obligations upon the City of San Luis Obispo and may require the City of San Luis Obispo provide the local share of project costs; and WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City of San Luis Obispo is an eligible recipient as defined by 49 U.S.C. 5307, 5336j, and 5340. SECTION 2. The Public Works Director is authorized to execute and file an application for federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code and other federal statutes authorizing a project administered by the Federal Transit Administration. SECTION 3. The Public Works Director is authorized to execute and file with the application the annual certifications, assurances, and other documents the Federal Transit Administration requires before awarding a federal assistance grant. SECTION 4. The Public Works Director is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo in Exhibit A. Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh, and on the following roll call vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None R 10119 Resolution No. 10119 (20091eries) • Page 2 The foregoing resolution was adopted this 6th day of October 2009. Mayor WF.-Romero ATTEST: el� -- (2. Elaina Cano Interim City Clerk APPROVED AS TO FORM: an P. Lowell City Attorney Exhibit A FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION FOR SLO TRANSIT PROGRAM OF PROJECTS FOR FISCAL YEAR 2009 -2010 The City of San Luis Obispo will be conducting apublic hearing to receive comments on the Draft Program of Projects on October 06, 2009 at 7:00 p.m. in Council Chambers, 990 Palm Street, San Luis Obispo. The below Draft Program of Projects will become the final program unless modified: Federal. Apportionments: For 2009 -2010 Carryover from previous year Available to Program Proiect Operating Assistance 7/1/2009 - 6/30/2010 Website /Marketing Staff Vehicle replacement Forklift Bus Replacement (1) Downtown Transit Coordination Center study Cutaway vehicle replacements (2) Paratransit operations Total Project Cost Federal Share City of San Luis Obispo San Luis Obispo Regional Transit Authority Local Share City of San Luis Obispo San Luis Obispo Regional Transit Authority $1,843,246 $445,070 $2,288,316 Transit Federal Total erator Amount Amount SLO City 1,185,444 2,638,132 SLO City 10,000 20,000 SLO City 40,000 50,000 SLO City 24,000 30,000 SLO City 555,300 617,000 SLO City 100,000 125,000 SLORTA 150,000 166,666 SLORTA 200,000 250,000 $3,896,798 $2,264,744 1,914,744 350,000 $1,632,054 1,552,888 79,166 • RESOLUTION NO. 10118 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING DEVELOPMENT IMPACT FEES FOR FIRE ENGINE/TRUCK ACQUISITION WHEREAS, the City currently has in service one fire engine/truck with a 75 -foot aerial ladder; and WHEREAS, replacing the engine /truck with a 100 -foot ladder is approved in the 2009- 11 Financial Plan in order to adequately address the City's needs over the next twenty years; and WHEREAS, the beneficiaries of the taller ladder are new developments with heights over fifty feet; and WHEREAS, it is consistent with City policy for new development to pay its fair share of necessary community facilities, and WHEREAS, the proposed fee complies 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 the fees is to acquire anew fire engine/truck with a 100 -foot aerial ladder to meet the public safety needs of the City. The proposed mitigation fee would fund the cost difference between a 75 -foot aerial ladder and a 100 -foot aerial ladder from new tall buildings in the future, which will be sole beneficiaries within the City limits from this added capacity. With this approach, existing residents and businesses are responsible for funding the replacement of firefighting equipment needed to meet existing needs. However, to the degree that added capacity is required to meet the needs of new development, it is consistent with City policy for new development to fund its fair share of this added cost. Only new development within the City limits that would benefit from the added capacity (buildings taller than 50 feet) would participate in the fee program; and fees for these would be proportional to the added benefit. The methodology assesses the fee based on the amount of building square footage above 50 feet. SECTION B. Amount of Impact Fees Effective December 6, 2009, fire engine/truck development impact fees shall be in the amount of $1.89 per square foot of building space above 50 feet in height. Unless otherwise acted upon by the Council, the amount of the fees will automatically be adjusted on July 1 of R 10118 Resolution No. 10118 (2009 S— eries) • Page 2 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. SECTION C. Ongoing Review of Cost Estimates 1. At any time that the actual or estimated costs of the acquisition or amount of projected square footage above 50 -feet 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 this fee to determine whether: it still reasonably related to the impacts of development; the equipment for which the fees are charged are still needed; and the cost estimate is still valid. SECTION D. Time of Payment 1. As provided in Government Code Section 66007(b), the fees set forth 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. 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 F. 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 pay for the acquisition of the fire engine /truck including any debt service costs. Resolution No. 10118 (2009 Series) Page 3 SECTION G. Fee Adiustments 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 H. 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. 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. Resolution No. 10118 (2009•es) Page 4 SECTION 1. 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 Ashbaugh, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ashbaugh, Carter and Marx, and Mayor Romero NOES: Vice Mayor Settle ABSENT: None The foregoing resolution was adopted this 6`h day of October 2009. Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: P. Lowell City Attorney RESOLUTION NO. 10117 (2009 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A POLICY FOR DISTRIBUTING TICKETS AND PASSES TO CITY OFFICIALS WHEREAS, from time to time the City of San Luis Obispo (the "City ") receives event tickets and passes from third party private sources or obtains them directly for use by various City Officials; and WHEREAS, under section 18944.1 of Title 2 of the California Code of Regulations ( "Regulations "), such tickets and passes are defined as those that provide admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose; and WHEREAS, the City desires to use and distribute such tickets and passes to further governmental and public purposes, such as the promotion of City businesses, resources, programs, facilities, etc.; and WHEREAS, under section 18944.1 of the Regulations, tickets and passes are not considered gifts to public officials if the City distributes said tickets and passes in accordance with a duly adopted written policy consistent with section 18944.1. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The recitals set forth above are true and correct. SECTION 2. The City Council hereby adopts the "Tickets and Passes Distribution Policy" attached hereto as Exhibit "A." SECTION 3. This Resolution shall take effect upon its adoption. Upon motion of Vice Mayor Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None R 10117 Resolution No. 10117 (20099eries) • Page 2 The foregoing resolution was adopted this 6th day of October 2009. i ATTEST:. •L Elaina Cano Interim City Clerk APPROVED AS TO FORM: an P. Lowell City Attorney EXHIBIT A TICKETS AND PASSES DISTRIBUTION POLICY Section A. Purpose of Policy The purpose of this Policy is to ensure that any ticket or pass provided to the City by any third party or purchased or obtained directly by the City shall be distributed to City Officials by the City Manager in a manner that serves or promotes a public purpose of the City of San Luis Obispo (the "City"). Section B. Definitions For purposes of this Policy, the following words, terms and phrases shall have the following meanings: 1. "City Official" shall mean any member, officer, employee or consultant of the City. 2. "Gift" shall mean anything that is received by a City Official that the City Official did not provide consideration of equal or greater value for or that represents a rebate or discount that is not provided in the regular course of business to members of the public without regard to official status. 3. "Third party" shall mean the source of any ticket or pass, other than the City. 4. "Ticket" or "pass" shall mean any ticket, pass, etc. that provides admission to a facility, event, show, or performance for entertainment, amusement, recreation or other similar purpose. � Section C. Administration of Policy The City Manager shall be responsible for administering this Policy. Section D. Tickets and Passes Distribution Policy All tickets and passes offered or provided to the City by a third party or purchased or otherwise obtained directly by the City shall be subject to the following provisions: 1. The City shall not accept from any third party any ticket or pass that is specifically earmarked for use by a particular City Official whether by name or position, unless: a. The ticket or pass is offered or provided to the City pursuant to the terms of a contract for use of City'owned property. b. The ticket or pass is offered or provided to the City as a result of an official City event that the City controls. 1 of 3 • EXHIBIT A • c. The ticket or pass is purchased by the City from the third party for full market value. 2. The City Manager or his or her designee shall document in writing the receipt of all tickets and passes provided to the City by a third party. 3. Tickets and passes shall only be provided to City officials by the City Manager or his or her designee for a legitimate public purpose of the City, as set forth in this Policy. 4. The City Manager or his or her designee shall decide, consistent with this Policy, which City Officials should be provided with a ticket or pass. 5. Within 30 days of distributing any ticket or pass pursuant to this Policy, the City Manager or his or her designee, shall complete and cause to be posted an FPPC Form 802 on the City's website, with such posting to remain on the website for a period of at least 4 years and a hard copy of said form shall be retained for a minimum of seven (7) years. Section E. Legitimate Public Purposes Any ticket or pass provided to a City Official by the City shall not constitute a gift if provided and used by the City Official for any of the following purposes: 1. Promotion of business activity, development, and/or redevelopment within the City. 2. Promotion of community resources and programs available to City residents including but not limited to those resources and programs involving charitable and non -profit organizations. 3. Promotion of City resources available to City residents. 4. Promotion of City- operated, sponsored or supported community programs. 5. Promotion of private facilities available for City residents' use including but not limited to those facilities involving charitable and non -profit organizations. 6. Promotion of City facilities available for City residents' use. 7. Promotion of City growth and development. 8. Promotion of City tourism on a local, state, national or worldwide scale. 9. Promotion of City recognition, visibility and/or profile on a local, state, national or worldwide scale. 10. Promotion of open government by City Official appearances, participation and /or availability at business and/or community events. 2of3 EXHIBIT A 11. Promotion of the improvement of inter - governmental relations. 12. Attendance at events sponsored by other governmental agencies, industry groups and non -profit organizations for the purpose of meeting and conferring with other governmental officials or business representatives regarding issues of interest to, or affecting, the City. 13. Increasing public exposure to, and awareness of, the various recreational, cultural, and educational venues and facilities available to the public within the City. 14. Encouraging or rewarding significant academic, athletic, or public service achievements by City students, residents or businesses. 15. Recognizing contributions made to the City by former or current City Council members or other City employees. Section F. Exemptions The following tickets and passes shall be exempt from the provisions of this Policy: 1. A ticket or pass received by a City Official directly from a third party that the City Official uses to perform a ceremonial role or function on behalf of the City. 2. A ticket or pass received by a City Official from the City where both the City Official and the City treat and report the value of the ticket or pass as income consistent with applicable state and federal income tax laws and the ticket is reported as income pursuant to the provisions of this Policy. Section G. Prohibition Against Transfer A City Official who receives a ticket or pass pursuant to this Policy is prohibited from transferring or selling the ticket or pass to any other person, except to a member of the City Official's immediate family solely for their personal use, provided such transfer to an immediate family member satisfies a legitimate public purpose as outlined above and is approved by the City Manager or his or her designee. Section H. Posting and Disclosure Requirements This Policy shall be prominently posted on the City's website. 3 of 3 RESOLUTION NO. 10116 (2009 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A GRANT AGREEMENT WITH THE NATURE CONSERVANCY OF CALIFORNIA IN SUPPORT OF ACQUISITION OF THE FROOM RANCH PROPERTY WHEREAS, the Nature Conservancy of California ( "TNC ") is the recipient of certain funds from the David and Lucile Packard Foundation, whose purpose is to stimulate conservation transactions with willing landowners in several identified areas in San Luis Obispo County, California, and WHEREAS, the Irish Hills near the City of San Luis Obispo is one such area; and WHEREAS, the City of San Luis Obispo's proposed Froom Ranch Property Acquisition Project meets TNC requirements and is thus eligible to receive grant support from TNC. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Approves the Grant Agreement with TNC as presented to the Council this day; and 2. Appoints the City Manager as agent of the City of San Luis Obispo to conduct all negotiations and execute all documents which may be necessary to satisfy conditions of the grant. Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None R 10116 Resolution No. 10116 (2009 ties) Page 2 The foregoing resolution was adopted this 15th day of September, 2009. ice! Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk AS TO 0o7 onafhan P. Lowell City Attorney • RESOLUTION NO. 10115 (2009 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO CONTINUE THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENT FOR THE DISTRICT, AND TO SET DATES FOR THE PUBLIC HEARINGS ON THE DISTRICT AND THE ASSESSMENT FOR 2009 -10 WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code, authorizes cities to establish business improvement districts for several purposes, one of which is promotion of tourism; and WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism Business Improvement District had requested the City of San Luis Obispo establish such a self - assessment improvement district in 2008; and WHEREAS, the San Luis Obispo Tourism Business Improvement District was established in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and WHEREAS, the City Council appointed an advisory board to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS, the City Municipal Code and the Parking and Business Improvement. Law requires the advisory board to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and WHEREAS, this report was filed and approved by the City Council on September 15, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 1. The San Luis Obispo City Council proposes to continue the established Tourism Business Improvement District in the City of San Luis Obispo in accordance with City Municipal Code Chapter 12.42 and the California Streets and Highways Code, section 36500 et seq. (Parking and Business Improvement Law of 1989). 2. The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging. 3. The assessment will be levied and allocated by the City of San Luis Obispo. 4. The assessment is proposed to be levied on all "hotels ", as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for R 10115 Resolution No. 10115 (2009�Jenes) Page 2 dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. 5. The assessment shall be based on two percent (2 %) of gross room rent. 6. New hotels shall not be exempt from assessment. 7. The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the Parking and Business Improvement Law of 1989, sections 36535 of the Streets and Highways Code, is to allow for comments on the District and proposed assessment, and is hereby set for 7 P.M. Tuesday, October 20, 2009 before the City Council of San Luis Obispo at the City Council Chamber at 990 Palm Street, San Luis Obispo, California. 8. At the public hearing, the testimony of all interested persons for or against the continuation of the District, the boundaries of the District, or the furnishing of specified types of improvements or activities will be heard. 9. Any protest against the continuation of the City of San Luis Obispo Tourism Business Improvement District and the levying of the assessment, or any aspect, may be made in writing. A protest may be withdrawn at any time before the conclusion of the public hearing. Any written protest shall contain a description of the business in which the person signing the protest is shown on the official records of the City of San Luis Obispo as the owner of the business. If the person is not shown on the official records of the City of San Luis Obispo then the protest shall contain or be accompanied by written evidence that the person is the owner or the authorized representative of the business. Any protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to the City of San Luis Obispo at 990 Palm Street, San Luis Obispo, CA 93401. 10. If, at the conclusion of the public hearing, there are of record, written protests by the owners of businesses within the proposed San Luis Obispo Tourism Business Improvement District that will pay fifty percent (50 %) or more of the total assessments of the entire San Luis Obispo Tourism Business Improvement District, no further proceedings to continue the San Luis Obispo Tourism Business Improvement District shall occur. New proceedings to form the San Luis Obispo Tourism Business Improvement District shall not be undertaken again for a period of at least one (1) year from the date of the finding. If the majority of written protests are only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the San Luis Obispo Tourism Improvement District. NOW, THEREFORE, BE IT RESOLVED, the City Clerk is instructed to provide notice as required by the City Municipal Code Chapter 12.42 and the Parking and Business Improvement Law of 1989, sections 36534, subpart (7) of the Streets and Highways Code, to wit: the City Clerk shall give notice of the public hearing by causing the resolution of intention Resolution No. 10115 (2009 *'es) Page 3 to be published once in a newspaper of general circulation in the City no less than seven days before the public hearing. Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES`. None ABSENT: None The foregoing resolution was adopted this 15th day of September, 2009. Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk AS TO than P. b Attorney • RESOLUTION NO. 10114 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2808 (153 STENNER STREET) WHEREAS, the City Council made certain findings concerning Tract 2808, as prescribed in Resolution No. 9829 (2006 Series); and WHEREAS, the City Council approved the final map for Tract 2808 per Resolution No. 9984 (2008 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2808, in accordance with City standards, specifications, and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City; and WHEREAS, the subdivider has satisfactorily completed the private improvements for Tract 2808, in accordance with City standards, specifications and the approved plans, and has requested that the city certify completion of these private improvements; and WHEREAS, the subdivision improvements have been in place and functioning adequately for twelve months. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1, The City Council hereby accepts the public improvements and certifies completion of the private improvements for Tract No. 2808. SECTION 2. The current Faithful Performance surety may be released at this time. SECTION 3. The surety guaranteeing the workmanship and materials may be released at this time. Upon motion of Council Member Ashbaugh, seconded by Mayor Romero, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None R 10114 Resolution No. 10114 (2009 Stes) Page 2 The foregoing resolution was adopted this 15th day of September, 2009. Mayor David F. Romero Elaina Cano Interim City Clerk AS TO :ban P. Lowell Attorney • RESOLUTION NO. 10113 (2009 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE CONSERVATION PLAN FOR STENNER SPRINGS NATURAL RESERVE WHEREAS, the City of San Luis Obispo has adopted policies for protection, management, and public use of open space lands acquired by the City; and WHEREAS, the City of San Luis Obispo has acquired and manages eleven open space areas totaling approximately 2,500 acres; including the 363 acre Stenner Springs Natural Reserve; and WHEREAS, the City Council desires to have the policies for management of City-owned open space lands applied in an appropriate and consistent manner; and WHEREAS, the Planning Commission, Parks and Recreation Commission, and the general public have commented upon the plan as it has moved through a Council - directed approval process, and the plan reflects those comments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Finds that the implementation of the Conservation Plan as presented to the City Council this date is consistent with the General Plan, and, as mitigated, will not have a negative impact on the environment; and 2. Adopts as City policy the "Conservation Plan for the Johnson Ranch Open Space" as presented to the Council this date; and 3. Directs that, in the event that the U.S. Forest Service and/or Camp San Luis Obispo wish to participate in the implementation of the Conservation Plan, then additional environmental review needed or requested by those agencies will be undertaken; and 4. Directs the City Manager to undertake all actions necessary and appropriate to carry out this resolution. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Member Carter, Vice Mayor Settle and Mayor Romero NOES: Council Members Ashbaugh and Marx ABSENT: None R 10113 Resolution No. 10113 (20091Peries) • Page 2 The foregoing resolution was adopted this 15th day of September, 2009. Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: 4 onathan P. Lowell City Attorney RESOLUTION NO. 10112 (2009 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO RECOMMENDING APPROVAL OF A USE PERMIT FOR A 140,000 SQUARE FOOT RETAIL STORE AND A MINOR SUBDIVISON TO ALLOW FOUR DEVELOPMENT LOTS AND AN OPEN SPACE LOT 11980 LOS OSOS VALLEY ROAD APPLICATION # 7 -07 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 July 22, 2009, for the purpose of considering Application U /TR 7 -07, a Planning Commission Use Permit to allow a 140,000 square foot retail store and a proposed subdivision map; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; 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 1, 2009 for the purpose of considering application U/TR 7 -07 WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Project's Final EIR which includes the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Use Permit Findings. Based upon all the evidence, the City Council makes the following findings in support of the use permit: 1. The use of the property for a large scale, regional serving retail store is consistent with the General Plan, which identifies that this vicinity as appropriate for such development. 2. The proposed use is appropriate at the proposed location and will be compatible with surrounding uses with implementation of the conditions of approval and the mitigation measures contained in the EIR. 3. The scale of the building is compatible with existing uses in the area and maintains the appropriate relationships with surrounding buildings and the adjacent residential area. R 10112 Resolution No. 10112 (2009 Series) • Page 2 4. The proposed use will serve the community, in whole or in significant part, and the nature of the use requires a larger size in order to function. The proposed use has the potential to attract a regional demand, therefore resulting in a potential increase of local restaurant, entertainment and even other retail uses. The nature of a Target store is that it works as several retail shops under one roof, the tremendous variety and the warehouse -like style contributes to the necessity of the excessive size. 5. The building in which the use is to be located is designed in discrete - elements that respect the scale of development in the surrounding area. 6. As conditioned, the new building is designed in compliance with the City's Design Guidelines for Large -Scale Retail Projects. SECTION 2. Subdivision Findings. Based upon all the evidence, the City Council makes the following findings in support of the subdivision to allow 4 development lots and one open space lot: 1. As conditioned, the design or improvement of the proposed subdivision is consistent with the General Plan Map for General Retail because each property is appropriately sized, each property has frontage on a public street, and each property allows for logical commercial development. 2. As conditioned, the site is physically suitable for the proposed density of development because the site is adjacent to an existing retail shopping center and there are existing roadways and services available to serve the development in accordance with City standards. 3. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the development plan (as conditioned and as described in the Final EIR) contains provisions to preserve and protect the creek and sensitive habitat areas. 4. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the development is of a similar scale to surrounding development. Additionally, new construction will be designed to meet existing building and safety codes. 5. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. 6. The subdivision will provide for significant public benefits in the form of an I1 -acre open space dedication to the City and the dedication of a new road and road improvements adjacent to existing roadways. Resolution No. 10112 (2009 Series) Page 3 SECTION 3. Action. The City Council approves application U and TR 7 -07, subject to the following conditions and code requirements: 1. All mitigation measures contained in the Final EIR shall be included as conditions of approval, and are incorporated herein by reference. 2. The development of the site shall be subject to review by the Architectural Review Commission for consistency with Chapter 3.2 of the Community Design Guidelines. 3. The project.shall dedicate property to the City in the form of open space with the intent of preserving the property for agricultural uses and the preservation of Prefumo Creek. The boundary of the open space dedication shall be in substantial compliance with the Interim Open Space boundary on the General Plan Map subject to the approval of the Community Development Director and based on the final design of the development plan that is approved by the Architectural Review Commission. 4. An affordable housing agreement shall be submitted for review and approval of the Community Development Director prior to proceeding to the City Council, consistent with recommended mitigation measures and the City's Housing Element policies. 5. The project shall be developed with attention to sustainable construction features and contemporary energy reducing design as identified within the General Plan Conservation and Open Space Element. These features shall include but are not limited to energy and water conservation methods, attention to preservation of native site conditions, and incorporation of recycled construction materials. 6. Any improvements to the area within the proposed open space dedication including but not limited to creekbank stabilization, creek maintenance, drainage improvements, landscaping and construction of pedestrian enhancements shall be the responsibility of the developer and shall be completed prior to occupancy of any commercial structures. 7. The tentative map, including the open space dedication, and right -of -way dedications, shall be recorded prior to occupancy of any new commercial structures. 8. All onsite improvements, including landscape, road improvements, drainage facilities, and pedestrian enhancements adjacent to Prefumo Creek shall be completed prior to occupancy of any commercial structures. 9. Pursuant to Government Code Section 66474.9(b), the. subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. Resolution No. 10112 (20091Peries) Page 4 10. The development project shall be forwarded to the Architectural Review Commission following approval of the Use Permit and certification of the EIR. Plans forwarded to the ARC for approval shall incorporate any applicable EIR mitigation measures, Use Permit conditions, and former recommendations from the ARC including but not limited to: a. Provide significant large size specimen trees, especially at locations close to buildings and within clusters to frame building and site design features. Trees located close to the buildings shall include a mixture of varieties with some tree varieties chosen to reach or exceed the height of the roof of the building at maturity. b. Consider further reductions to the proposed number of parking spaces to provide additional pedestrian amenities or landscaping, including but not limited to a pedestrian path to connect pad H to Anchor E. c. Reduce the road improvements for Froom Ranch Way to a 30 foot width east of the main entry driveway. The remainder of the improvements eastward shall be constructed to allow two way traffic with complete sidewalk and frontage improvements along the south side and a pedestrian path and landscape on the north side. d. Introduce additional variation to the height of the parapet at the north elevation of Anchor E to improve consistency with the Community Design Guidelines in an effort to visually break the mass of the building. e. Provide a complete landscape plan and grading plan that provides for undulating berms to create variation and interest in the landscape buffer proposed to the north of Froom Ranch Way to provide additional screening for the residential neighborhood to the north. f. Provide a complete lighting plan that includes a photometrics diagram that indicates light level for the entire site. g. Provide detailed plans of drainage plans and any required detention and retention areas. In. Provide color and materials boards for all of the buildings. i. Provide detailed plans for any new fences, walls and retaining walls. j. Indicate locations and design of short and long term bicycle parking. k. Identify the pedestrian connection with neighborhood and provide details for the entry. 1. Provide details for the project amenity with seating adjacent to the creek. m. Provide cross sections through the major anchor and the existing site elevation. Resolution No. 10112 (2009 **es) • Page 5 n. Provide a cross section for the proposed extension of Froom Ranch Way, the proposed wall and landscape area and the existing residential neighborhood. o. Provide conceptual sign plans. p. Provide LEED checklist and identify opportunities for energy conservation.. q. Incorporate any site and building design changes that will be required as mitigation measures or as conditions of approval for the use permit. r. Add a photosimulation of the project as it will be viewed from Highway 101. s. Install story poles to establish the preferred wall height adjacent to the existing residential neighborhood at the edge of the proposed Froom Ranch Way extension. t. Plans for final architectural review shall include details of required trash enclosures. The City Community Development Department and the San Luis Garbage Company (TomMartin 543 -0875) should be consulted on the number and design of trash and recycling dumpsters required to properly serve the project. 11. Truck routes for grading import and/or exports and material deliveries shall be established for northerly and southerly destinations in accordance with the Circulation Element and shall be noted on the building/grading plans. 12. In order to offset APCD required mitigation, the applicant shall consider the construction of bicycle and pedestrian circulation improvements including class 1 bike paths in consultation with the Community Development Director and the Transportation Department. 13. The final plans and drainage report shall address the potential for a water quality treatment swale/bio -swale and plantings along the Los Osos Valley Road corridor. The final ARC plans shall consider compensatory plantings and appropriate natural screening in -lieu of the proposed berms in an effort to support additional water quality and quantity improvements as part of the overall drainage strategy and treatment train. The water quality treatment train should include as many passive and natural systems as practical. 14. The final ARC plans shall include all final landscape features and drainage improvements in accordance with the EIR mitigation measures relating to water quality and water quantity impacts. 15. The ARC plans and drainage report shall clarify how the areas of parking lot and drive aisle closest to the creek will adequately treat the parking lot runoff in accordance with the mitigation measures, City Engineering Standard, and recognized BMP's and standards. 16. The ARC plans and final development plans shall address the potential for additional passive drainage systems to address water quality and water quantity concerns. Resolution No. 10112 (2009 *'es) Page 6 17. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, all new structures shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city's Floodplain Management Regulations per Municipal Code Chapter 17.84. 18. The applicant shall submit a Letter of Map Revision (LOMR) to FEMA within 6 months of the completion of grading or prior to occupancy of the first building structure, whichever comes first. The LOMR shall be finally accepted and the city notified of the same, prior to the release of any final subdivision improvement sureties. 19. Any easements including but not limited to provisions for all public and private utilities, access, drainage, common driveways, and maintenance of the same shall be shown on the final map or recorded separately prior to map recordation if applicable. 20. The subdivider shall dedicate a 15' wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 21. The subdivider shall dedicate a 10' wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 22. Off-site dedication of property for public right -of -way purposes is required to facilitate the development of this project. The subdivider shall exhaust all avenues available to acquire the public right -of -way dedication. In the event the subdivider is unable to acquire the property for these public rights -of -way, the City Council will consider lending the subdivider its powers of condemnation to acquire the off -site right -of -way, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall pay any and all costs associated with the off -site right -of -way acquisition including attorney fees and court costs. 23. If the developer is unable to acquire property required for the construction of required improvements prior to approval of the final map, Developer shall request the City in writing to acquire said property by eminent domain. Said written request shall be made to the City no less than sixty (60) days prior to the approval of the final map and be accompanied by: a. A standard City contract for Real Property Acquisition executed by the developer; b. Deposit both: i) A faithful performance bond or other approved security in a form approved by the City Attorney in an amount determined by the City to assure performance of the obligation to reimburse the City for all said costs of acquisition; and Resolution No. 10112 (2009kPeries) • Page 7 ii) Deposit an amount determined by the City (in the form of a cashier's check or certified check, as an advance on the payment of all costs, as determined by the City, of acquiring off -site real property interests in connection with the subdivision. 24. The final ARC plans shall include detailed plans of the improvements located within the Open Space parcel, pedestrian connection to Oceanaire Drive, creek bank restoration, drainage improvements, landscape, landscape irrigation, and erosion controls. 25. A separate access easement or license agreement shall be provided from the applicant to the city for reasonable access to the Open Space from the project for creek maintenance and city infrastructure construction or maintenance. 26. Vehicle access rights along the Froom Ranch Way extension shall be dedicated to the City along the entire north(west) side of the street and along the south(east) side of the street except at approved driveway locations. No driveway connections are approved to provide access to Lots 1 — 8, Block F of Tract 234. 27. The applicant shall provide notice to the property owner's located along the southerly side of Cayucos Drive (Lots 1 — 8, Block F of Tract 234) prior to the removal of fencing, plantings or other encroachments that are located across their respective southerly property lines. 28. The proposed sound wall, parkway and buffer area plantings, and the appurtenant landscape irrigation improvements located within the Froom Ranch Way and Los Osos Valley Road rights -of -way shall be privately owned and maintained by the developer, association, or respective owners of the adjacent parcels. A maintenance agreement shall be recorded in conjunction with the parcel map. 29. The proposed sound wall shall be treated with an appropriate surface treatment and/or plantings to reduce the effects of graffiti. 30. Public improvement plans shall be submitted to the Public Works Department for review and approval. The plans shall be approved prior to map recordation and prior to building permit issuance. Public improvement plans and specifications shall comply with the City Engineering Standards and Standard Specifications in effect at the time of submittal of the improvement plans. The cunent standards are dated January 2009. 31. The subdivision improvements shall be completed to the satisfaction of the Community Development Director and City Engineer prior to final inspection approvals and/or recordation of the map. A completion guarantee shall be provided per city standards if the map is approved for recordation prior to completion of all required subdivision improvements. 32..Final street alignments, street sections, and utility locations shall comply with City Engineering Standard and shall be approved to the satisfaction of the Public Works Director and Utilities Director. Resolution No. 10112 (2009 Series) Page 8 33. The final street section shall be designed in accordance with the standards for a commercial collector except where deviations have otherwise been specifically approved by the Public Works Director. 34. The public improvement plan shall include all offsite transportation improvements in accordance with the final EIR, project conditions, code requirements, and mitigation measures. Said improvements shall include but are not limited to median and signal improvements to create dual left turn lanes from south bound Los Osos Valley Road, off -site improvements at the intersection of Madonna Road/LOVR and payment of pertinent impact fees. 35. The final street sections along the Froom Ranch Way extension shall include a 5' detached sidewalk or 6' integral sidewalk per City Engineering Standard #4110. 36. Street terminations at Froom Ranch Way and Oceanaire shall be included in the public improvement plan submittal and subject to approval of the director of Public Works. The final ARC plans shall provide additional details of the terminations, pedestrian path improvements, extent of tree pruning and landscape improvements. 37. The public improvement plan submittal shall include the pertinent offsite pedestrian improvements at the northerly corner of Froom Ranch Way, Los Osos Valley Road, and the frontage road. 38. The final ARC plans shall show a minimum 20' building setback from the proposed right -of -way lines along Los Osos Valley Road and Froom Ranch Way for all buildings located on Parcel 4. 39. The public improvement plans, grading plans, and site development plans shall show how the potential widening of Los Osos Valley Road and Froom Ranch Way could be accommodated across the respective frontages of Parcel 4. A separate offer of dedication for road purposes may be required in conjunction with the final parcel map. 40. The final ARC plans and public improvement plans shall show how the creek trail will terminate, or if feasible, shall show how access can be achieved along the southerly boundary of the development site and up to the public right -of -way along Los Osos Valley Road. 41. The public improvement plans and ARC plans shall address the extension of the Froom Ranch Way bio -swale in a easterly and westerly direction in an effort to improve the contact time and water quality improvements. The vegetated swales, hydrodynamic separators, and related storm drain piping systems shall be privately maintained. The storm drain catch basins located with the public street and the primary storm drain piping located along the southerly side of Froom Ranch Way will be part of the public improvements. 42. The final ARC plans and public improvement plans shall include landscape plans that correctly reflect the final street section and areas of parkway and median planting. Resolution No. 10112 (2009e Defies) • Page 9 43. The final ARC plans shall show compliance with the Parking and Driveway Standards and City Engineering Standard #2010. The final plans shall clarify where loading zones will be provided. The plans shall include a complete signing and striping plan for reference. 44. The project shall provide a gravity sewer connection to an existing or extended public sewer main in accordance with city standards and the State Plumbing Code to the satisfaction of the Utilities Director and Public Works Director. Public gravity sewer mains exist in Los Osos Valley Road and in Oceanaire Drive serving Tract 234. The final point of connection and related improvements shall be approved by the city prior to submittal of the public improvement plans. The terminus of the main serving Tract 234 is only 6" and may need to be upgraded to a minimum 8" main per City Engineering Standards. 45. The subdivider shall install street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and luminaries per City standards. Off - site street lighting improvements, alterations, or upgrades may be required along roadways leading to and from the proposed development to complete the necessary public improvements. 46. The final map shall conform with the City of San Luis Obispo subdivision regulations, Subdivision Map Act, and Floodplain Management Regulations. 47. The Public Improvement Plans shall include the installation of pedestrian countdown heads at the intersection of LOVR/Froom Ranch Way. 48. The Final Map shall include an offer of dedication for a public transit easement for circulation and transit stop purposes. 49. The ARC submittal shall include truck turning templates for trucks entering the site from the public right of way, delivery areas, and on -site circulation routes demonstrating compliance with City standards. 50. The ARC submittal shall show pedestrian connections to adjoining properties and/or the public right of way. Code Requirements: Note: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Additionally these code requirements were formulated prior to release of the project final EIR. The final EIR supersedes the code requirements where a conflict occurs. Public Works 1. Traffic impact fees shall be paid prior to the issuance of a building permit. Resolution No. 10112 (2009 ties) • Page 10 2. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A computer disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 3. The parcel map preparation and monumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The parcel map shall use U.S. Customary Units in accordance with the current City Engineering Standards. All record data shall be entered on the map in the record units, metric translations should be in parenthesis if applicable. 4. The public improvement plans and specifications shall use English Units in accordance with the current Engineering Standards. Utilities 5. The irrigation systems for common areas, parks, detention basins, and other large landscape areas shall be designed and constructed in accordance with the standards for reclaimed water use. 6. The plans indicate that the project will be served by a private sewer lift station on site, which will pump to a gravity sewer main on the westerly side of Los Osos Valley Road (LOVR). A sewer main also exists along the easterly side of LOVR, and ends very near the southwesterly comer of the project. The depth of the sewer at this location appears to be sufficient to allow the project to sewer to this point by gravity, which would eliminate the need for a sewer lift station. The project's engineer shall evaluate this option for providing sewer service to the project. 7. Adjustments to the water and sewer facilities may be required after more detailed plans are prepared. The need for a recycled water main in the extension of Froom Ranch Way is currently being evaluated. The project may be conditioned to provide a recycled water main in this street, for future continuation across Prefumo Creek. Street Trees 8. One street tree is required for every 35' lineal feet of street frontage or any part thereof.. Trees to be planted as street trees on the Los Osos Valley Road frontage shall be chosen from the Street Trees for Major Streets List. However Froom Ranch Way street trees can be chosen from the overall all Master Street Tree List. 9. Trees purposed along the creek corridor are species commonly used as native trees. Applicants should work with the Natural Resource Manager on specific riparian trees and appropriate densities. Resolution No. 10112 (2009 Series) • Page 11 10. Existing trees on site and on adjacent properties must be considered in an overall tree protection plan to ensure their survival during excavation and construction. Building 11. Each parking lot serving a particular building shall provide accessible parking and be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. Provide adjacent accessible parking for Pad F and Pad G. 12. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. Anchor E appears to have multiple accessible entrances. Disperse or add additional accessible parking spaces accordingly. 13. The minimum number of required accessible parking spaces shall be based on Table 11B -6 in the CBC. Additional spaces may be required to comply with other sections of the code. One in every eight parking spaces shall be served by a van accessible space. Fire 14. Site Specific Special Condition: Buildings 100,000 square feet and larger may exceed the threshold of operational significance for the fire department's existing 75 foot ladder truck. This project may need to pay a fair share portion of fire truck mitigations fees if applicable. Transportation 15. Bicycle Parking: The applicant shall provide the amount of long- and short-term bicycle storage as called for by Section 17.16.060 of the City Zoning Regulations. a. Short-term bicycle storage (racks) shall comply with the design and location provisions of the adopted Bicycle Transportation Plan (reference Section IV.C, page 12). Consistent with these provisions, bike racks should be located close to and viewable form the building's main entrance. b. Long -term bicycle storage shall be provided by installing fully enclosed lockers or reserving a dedicated lockable room within the structure for bike storage. c. The dimensioned location, type and orientation of all bicycle parking facilities and information that documents compliance with the above provisions shall be provided on the project plans considered by the ARC. 16. Truck Circulation: The project plans shall show the intended circulation route for delivery vehicles. Resolution No. 10112 (2009 Pries) Page 12 Upon motion of Vice Mayor Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this I" day of September, 2009. Mayor David F. Romero I:ti10*16 ai o Interim City Clerk APPROVED AS TO FORM: Jo . Lowell City Attorney • • RESOLUTION NO. 10111 (2009 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A GENERAL PLAN AMENDMENT, AND ANNEXATION FOR PROPERTY LOCATED AT 11980 LOS OSOS VALLEY ROAD GP/R/ANNX 7 -07 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 July 22, 2009, for the purpose of considering application GP/R/ANNX 7 -07, a request to, annex a 31 acre property into the City, amend the General Plan Land Use Map from Interim Open Space to General Retail and pre -zone portions of the site C -R and C /OS; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; 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 1, 2009 for the purpose of considering application GP/R/ANNX 7 -07; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Environmental Impact Report and the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. Amendment of the General Plan Map from Interim Open Space to General Retail is consistent with Land Use Element Policy 8.7- Los Osos Valley Gap since the land to the east of the site, including Prefumo Creek is proposed to be annexed as open space and the development plan provides for expansion of regional retail consistent with other development in the vicinity. 2. Consistent with Land Use Element Policy 8.8, the annexation and General Plan amendment allows for the permanent protection of agricultural land that is contiguous to other agricultural land in the vicinity, increasing the potential for the operation of a working farmland area. R 10111 Resolution No. 10111 (2009 'Peries) Page 2 3. As proposed, the development plan meets the intent of General Plan policy 3.1.1 and 3.1.2 since it provides a location for regional retail adjacent to other regional retail uses and adjacent to the Los Osos Valley Road and Highway 101 corridor and with a development pattern that is consistent with the vicinity. 4. Allowing the Land Use Element map amendment will allow for development and road improvements that will enhance the safety, levels of service, and pedestrian/bicycle accessibility on Los Osos Valley Road and Froom Ranch Way. 5. The EIR for the project adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures are provided to reduce these impacts to less than significant levels. SECTION 2. Adoption. The City Council approves GP/R/ANNX 7 -07 to annex the subject property into the City of San Luis Obispo and amend the General Plan Land Use Map for interim open space to general retail, as shown on attached Exhibit A subject to the following conditions: 1. The boundary between the Land Use Map designation of Open Space and General Retail shall occur no closer than 50 feet west of the western bank of Prefumo Creek and shall be accurately reflected on final development plans submitted to the Architectural Review Commission. 2. All mitigation measures in the Final EIR shall be incorporated into the project as applicable. 3. The complete road improvements for Froom Ranch Way shall be delayed until warranted for a connection to the Dalidio property, however all of the necessary right -of -way shall, be dedicated and the applicant shall be financially responsible for the full development of the roadway to Prefumo Creek when it is needed. 4. The open space zone shall be increased in size towards the northeast corner of the proposed parking area east of proposed Anchor C. Proposed parking area, driveways and other improvements shall be eliminated from the plan to accommodate the increased open space designation as shown on Exhibit A. Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None Resolution No. 10111 (2009 skies) Page 3 The foregoing resolution was adopted this 1" day of September, 2009. Mayor David F. Romero ATTEST: 1. Eraina Cane Interim City Clerk APPROVED AS TO FORM: an P. Lowell City Attorney Resolution No. 10111 (2009 *'es) • Page 4 EXHIBIT A 1P 1s \ \� V V p iji NAP 'i p p In �e _ I ' O 4 uuuuV' - ut:r,x. IM p � pep�eoeoeoep�ep p.e a e 1 eo.e aep �s ILLbJ 4 y.I• F o ° 71 ,_" -- . Conceptual Site Plan Plan detail at left illustrates open space boundary. Improvements shall be amended to accommodate open space boundary. Passive use of open space with pedestrian amenities is acceptable. MOpen Space RESOLUTION NO. 10110 (2009 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO THE CITY COUNCIL CERTIFYING THE FINAL EIR FOR PROPERTY LOCATED AT 11980 LOS OSOS VALLEY ROAD (APPLICATION # ER 7 -07) 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 July 22 2009, for the purpose of considering the Final EIR for the Prefumo Creek Commons Project; and WHEREAS, said public hearing was for the purpose of formulating and forwarding a recommendation to the City Council of the City of San Luis Obispo regarding the Final EIR; 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 1, 2009 for the purpose of considering Application ER 7 -07; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Project Final EIR which includes the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Based upon all the evidence, the City Council makes the following findings: Findings: 1. The Final 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. For each significant effect identified in the EIR under the categories of Aesthetics and Visual Resources, Agricultural Resources, Biological Resources, Hydrology and Water Quality, Land Use and Planning, Transportation and Traffic, Utilities and Public Services the R 10110 Resolution No. 10110 (2009 *'es) • Page 2 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. 4. The significant effects identified in the Air Quality, Noise and Cumulative sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all the identified mitigation measures included in the EIR. However, the City Council finds that the adverse environmental effects are acceptable and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because: a. Mitigation strategies are identified in the Final EIR help to reduce project emissions and ultimately put the air basin in closer compliance with established State and federal standards. b. Significant changes to noise and air quality are inherent to the project due to the scale of the project and can not be reduced by changing the design or location of the project. c. The unavoidable adverse impact of construction noise is temporary in nature and can be substantially mitigated by implementation of a construction management plan that regulates the hours of construction, noise reduction measures, and a complaint resolution process, consistent with recommended mitigation measures. d. The Cumulative impacts addressed in the EIR include mitigation measures designed to improve traffic, air quality and area flooding and future projects that may add to the cumulative impacts will provide additional mitigation. The EIR summarizes that when combined, these projects may result in significant impacts to Air Quality, Noise, and Transportation. A series of mitigation measures to reduce these impacts have been included in the EIR. The City may choose to set up an assessment to contribute to these future impacts or determine that they be triggered as additional projects move forward such as the Dalidio project or the Chevron project on Tank Farm Road. 5. The City has identified the following overriding economic, social, and other public benefits of the project, which are additional reasons that the significant and unavoidable impacts identified in the Final EIR can be found acceptable, and hereby adopts them as a statement of overriding considerations: a. In conformance with the City's General Plan policies and community goals, the project will provide for additional retail opportunities within the City's urban reserve area while providing for jobs and necessary services. b. The project will provide expansion space for existing businesses and opportunities for new businesses to locate in the City by creating new retail and restaurant space which will further the General Plan Land Use Element goals; c. The project will provide expansion space for existing businesses and opportunities for new businesses to locate in the City by creating new retail and restaurant space which Resolution No. 10110 (2009 Series) Page 3 produce additional sales tax revenues for the City that the City can use to provide services to the community. It is anticipated that the largest tenant in the project will generate approximately $550,000 additional annual sales tax revenue; d. The project will provide for a significant expansion to the City's open space reserve, with the intent of securing open space for agricultural use on land that is contiguous to other such open space areas. 6. The General Plan Land Use Element EIR prepared in 1994 adopted an overriding consideration for potential noise impacts that may occur from increased traffic due to development of this vicinity as a regional serving commercial site. The 1994 EIR also adopted an overriding consideration for the loss of agricultural land. 7. The EIR has concluded that the project will result in significant impacts to global climate change due to the emission of greenhouse gas emissions. Although the project includes mitigation measures that are intended to reduce the emissions to less than significant levels, the lack of a threshold for "significant impacts" and the inability to quantify the mitigation results in an inability to determine satisfactory mitigation. Therefore, the EIR concludes that these impacts are less than significant following mitigation and the adoption of an overriding consideration for this impact is not warranted. SECTION 2. Certification. The City Council does hereby certify the Final EIR for the project with all mitigation measures as amended in attached Exhibit A. Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None Resolution No. 10110 (2009feries) Page 4 The foregoing resolution was adopted this 1 st day of September, 2009. .,i MMAMOMPPMEW ' ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney EXECUTIVE SUMMARY O � BIT 111 N d .a Y .u. �r G 7 w u O z Z N r u d W C C � N w > Q) �a E� C r � U In u 3 F u E ai b O U � N W 0 0. =° 1. tz 01 N t z m i 7 a o y v C e3� .y .O m 0 0 O O �. C Q •� O p `� L T U c'S Aw.o F a v ° E 500 •a E � ° v M O r N oA a y 0. C p ' 'O E oO O � V *0 > m L A x Q 0 y v d m E Or E L H m e 'EV O N �"' qCmqC AaiO O t O O. C O Y O'' O y� — C K Ud" m tEa N L. O ; G ..� Q U E E E c 3 E.ra:° 'a .° °e c� m E p•5 =�y WE v °� °� t W m m y m v. 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V^ •d w O L v s '" T .V.. V V L F' y y m N'°.0 O ° �; Up,� > O E 'C .Y ° E -so _ o.v vu o. 3 d dP o oa°m ¢m� o 2 °' c ac w E° o W. � Cc, �E 0 o y °. E 3 C j r q a Y b as m iT. cc Qa 07 0 z R s i u a s .y i n O Z C m rn r � u ca . d. Vi « Cd U h W a z • -- ...... • EXECUTIVE SUMMARY Prefumo Creek Commons Project Final EIR r.a -iy a a ¢ jog o a C, ° �.A c0 ` O a ° 0 Q.- 0U E u 2'.9.2 C7 Q R. ❑ .u. �" ° 00 R.. U C u 00848. �'eD'o$�9 E a0.0 o nRrsO oL•�.5d 3 eo 9 w N ° w 0 m 0 ° p� `�' E d 0 p- 0 € Hv c0' .N O u a v' 0 0@ v d 3'o w Qa�'�•�QEo.SEo'a•�•�¢ r IqC °- o VN = -n b'D 0 rs .. > N 2t«�2 CC y N c ^ O Z > 0 N - p d o a ti .E p oy no' .� '� m A L13 A' � a u o �nU -p ° N�a ou«. ° a �o'aoaU 2+ 0-0 E a o nU A r d d 't0 0 O C m O 'O A viy .� r N tC A O .. •• 10110 "o 00 v o e 5 MOO d m v d 0> E > o 0 ° C F 0 c u n o c 2 O 0 Q ° E. v'o0 0w ao o° ° oc _ N w v m >E a E c 0 9w.v.5 a aw o n 0 _o °O Y u3 R N eyN o Qmc° -is 6) „ coso0N❑ d ° h ° y U g.� Erab U ° ° H' °Qy m U� �� m ^ 3 Qr c� v coo?= o c gy "3 aNmy c° K c6 0 ° �° Am0%V: v-Z' ^ = E U :a2 yo 0 E 93. 0 S �° 0 a e 0 m . ° • � J w U 0 L oy N 10 U G NY JD `y��3 F " v .; •- aa(7 E N O �'L¢ E4 ro `o .5x •0 d O O ?� u 5 0 t«. ° 2 _ N M :„ '� � N u'm .5 'O y u p .Q € .N C .+ m c1 00 C R �j ^ G. a u G -0 N s C O O N L N N N 0 H Q Q i ° sa N 7 C 3 N `W _ • ma 0d O c a pd c 2 c N O O O R a m Z > c o c 0 m y�C7 0'° "O sou O.vw 0 e 0 0 0 .eco N o° 0. 3 y Oc,aE19UNe � O V E 'h Q 3 0.w0 Prefumo Creek Commons Project Final EIR r.a -iy C R .0 F % u O ao a+ �T• O A t F r u m d O 9 O to C e d O L G v % Wa E� e % 0 R pp U v� d F EXECUTIVE SUMMARY • u W E 0 .y d a o ° N J E `' ° x N 'O c c N c g ew °Q w F T C N �0 O V .� O V W O L t. t mp N G V L3 C 0 N C U C t to O t O G _ d �- N m ° rri am' .•. ° Oo .° a E y 00 w 5 >, N . . 0.2 �0 a� �°' c w c d V s U •E v o o z cB ° 3c 0 = •5 � O O ° O `�Em ° �° E c > o o U f .> o 3 r 5 0 " c W U 0 ° = u - a c O v m 0. a Z cw s Ew w e c aW m N e `> mo" L � O 0 Ew E c E > 0 A 2 o. 0. " '.o . c 1 V C C O . m 0 ov w 3 O N c � c y � O �C w t . C O N W V O u N � 'S C L Ny N 0 L x- .0 m d �gQ o > v U o � ° 0 0 o o U d ' � .L E J i v ? 3 y v ° 0 $ 0 E oNS o X3 �073n, N t w v m ce O .E O. ° y o N d F, v w �V C V - °°- ° bo °o 2 aSUo dk aEo�R �°�0 r.f d� oLTO� mv� pOW ��0 W°° 5 Q gyp} °. o 'v o „, o �, ' a °' — L a ac'- E- .9 4 H 0. N O W U W 3 o a. U o a. o n. Q c �. LLI t v e= x W L H v o o °� a •- u7 E . w ��II C. yy U W cc G G • • • • G • O W E ES -20 Prejumo Creek Commons Project Fina! EIR C F N d •.a _d WW1 Y O W d 07 Y CIS cc G Z y u R d L m °> r� C d W cd N 1 � Y CS J 0 r V ccN N (� 0 7) W d L to F • •EXECUTIVE SUMMARY . E CI 0 m 0.� N Q Q '� ,U.. U .�. •y ti C A J .^R. c ° ' w o c U A S. v ��jj o A> v O 7 C'A o o•C •cy u d v O ' v E;o o 00 O L �T U N N •� �j L� C O 4 .vw . '0 O N DO N O N A 0 O.4 'O WL w E •3 O A v w E c_ .fl ❑❑ W c 0 g ? p y 'p v 00 g o y w - c v c.>.uwi.5 °cA�a;x O u _ 'm v c .�v v > N N K V N .r" U d N N Do •� u a?+ c 'Y d °'9ouw0°n 'c v N U y L m I° , a- N v. m O �C 3 N - F ° o °s° r5 u`�r.d N Q E E �� y� -CI o d+ > u d= c`O� o °° avi.5F ti E c m tc :O�P d .W t o g C O N O� 00�Aj rA.rj N 7 a N wy v N 5 ° T t 4 C 5 O v 0 O C O C C a L C C N E 0.: 3 A O C' c r„❑ v E N w 4 is 'O N U V V C ' .O w O 'O O O oO- Jb .° > N ° Cdy 'e yO > y 5 Ea o >. ,C Q w O. °= . 0 0a' u .5Q m � u .< L u A 2 °pvi t v '- ; v E • ° .o m E .v iO o v c E o a e J. mE v p v ^ m c ?; ,o. v c �o v v CO A 5 v '3 .4 o i c� m� 5 v OO c a In o - $ E C C, 9 yO `n O �+ O O V `jam U C 1�.� y0 O N .T+ U 7 O> O �0oa Z .0 .2 C 'O d 4 Cc 'J' H .� qav c ��v�o >y�od�'o 2 E ri i .E Z 5 I] .5 o A �°, a ° 2 2 V. � A° '5 T .Q w -3.4 N y Z U C d a m m rv-A O ru o O U ¢ N o O 2 $ y aop U Oso € o0_A • °o $r'w °3L1 ::'C•'ym.d or v .5 o° v v o C7 pUP,� ay m h O O ° Prefumo Creek Commons Project ES-21 Final EIR ti A i' N u J 0 b OWp m O z a s E" r u m cac G d A w CIS a � 4 ++ •� c V N 1 � N e r to r u N �+ C W 00 U H w d a z EXECUTIVE SUMMARY ES -22 3 a O U L y ^ c y N v � q � A C O y O y U ° 0 F v y UO O U C v 3eUU y 0 c d O L: U > T C t y 0 d U y > y 3 E 9 E v_ y O a0 0— y Z c'e y 0` ° W N O •L T C L y O. 00 V O 'v c Ss >, bz C V U U C ° b � .2 7 'O ��VV G. z��V) � v °c c v aT c O .y. U C m O R.. G� o ° E y o °g Wiz° 0 0 � °c U `o ° c._ y 0.2da�-c W V v E a E o a rs N F o O C ' N d v E zr �.� "� T �°E�r� � C N O m y U N y N O N C 00 > g 2 3 Q o v _ 0 t '5 A E a- E r - A c0.9N.en y U ' � N O A O. W y U U co y '>� 00 .y. � T vCUi y C C O0 C y 00 5 c o v 00 y A'G m °c U U .00 Q o E c 0 O A U zzA�� y d 3 o F pp G y G .E. $, a v yE.EE y O C E 3s vE r 00 O 3 0 _ 5 s H V m CEOrj_ •o,�v 3 W F 3 E o C U > O c 0 U s0�E� N y a 3 0.= u c. 0 3�iOZ y d y y C �.EWw z.E qua Prefumo Creek Commons Project Final EIR G T d > O N G O t C. �-i�rr t z� v 3 7 n o E> o d m m 0 s's�v o .. u s C . o > _ o ^ s y v c E .0 m O.O >� >F b U C L A .OG F 0 h< o .�.•. ES -22 3 a O U L y ^ c y N v � q � A C O y O y U ° 0 F v y UO O U C v 3eUU y 0 c d O L: U > T C t y 0 d U y > y 3 E 9 E v_ y O a0 0— y Z c'e y 0` ° W N O •L T C L y O. 00 V O 'v c Ss >, bz C V U U C ° b � .2 7 'O ��VV G. z��V) � v °c c v aT c O .y. U C m O R.. G� o ° E y o °g Wiz° 0 0 � °c U `o ° c._ y 0.2da�-c W V v E a E o a rs N F o O C ' N d v E zr �.� "� T �°E�r� � C N O m y U N y N O N C 00 > g 2 3 Q o v _ 0 t '5 A E a- E r - A c0.9N.en y U ' � N O A O. W y U U co y '>� 00 .y. � T vCUi y C C O0 C y 00 5 c o v 00 y A'G m °c U U .00 Q o E c 0 O A U zzA�� y d 3 o F pp G y G .E. $, a v yE.EE y O C E 3s vE r 00 O 3 0 _ 5 s H V m CEOrj_ •o,�v 3 W F 3 E o C U > O c 0 U s0�E� N y a 3 0.= u c. 0 3�iOZ y d y y C �.EWw z.E qua Prefumo Creek Commons Project Final EIR d d G 4 bD C tc N d .a 0 F d e+ C s u d d C Op in ♦%i1 R r CQ N �7 d to F EXECUTIVE SUMMARY • R c g _ 0— 30 'E.°_o N N ~" C. y o o'A.o E e y °E c 00-QC c tO 0.- O> E a� c y v u E 0 0 0 ° o 0- mw�E ZIo sw Q =MEEK c y ,o oHC°o w N 6 W y 'J ._ °. U s .U'E y L .5 y .O = 'C A u .T A °c w 'L G •_ ° o 3 o a s �b'E•°- .E v A� uo�° E �°uv cv UE�d sc.cOE ��o °a o� °��Ea �C y° >° ° ° J� u a� U C6 "> a a.5 m° o A� o a v°$ y c° s— N ,9 'O ❑ m y U G m r O.> ,C O u s U N `g°g'y on z r 3o and ° .e 3 E a ot . o C o cw � M..3 . > U E a .H L y L v �0 N° i .w 0 o E M C E IC c u O q 5 ° O Q 3 C o .5 M E S G L p X O s y -E. c c >' b A v G u (3v , J rO v ' yCm• o� `� TC 0 w d m 0 ° Rp sy ,wF H '00.0 —m > W o 0an r6 o c_o°O'_�°o a o -yeo.2 U O N 0A v� =o' L C ocoaEo A y E !9 _ 'N 'o A ,a aCa..A tp ��pp : U N N O O "' .N .>1 l"• o 3 A m j _ > °p >. o m _ > ;'c v v ° ° > �'`.' > o° y W °y'�a.aA ° m Q c'°.° :^ orO .o •`� y 2o 0 o�^x E � d ii u `o x u �w Ew E aus m 3 E _`u, G L w m M. u E Q. v .n w w� c o E N d O C ° C 0 yyL� 5 '_ l0 f 0 o to > O ° 3: C M O L 3�y,�=. d 4 o m 'T.oO Ey5 R u A W O .5 v 2 a°1i u '_° .� d 'C .� 0. 3 O M> L U .� u y ,7 .E 'e o N a o u >, r 0.' o c o° ,n c 0.w fFQ C w d C W F 0 7 O._ t 0 a o y t a, s° a° 3$ y Np sou E °' a+ M C° ou O b oo u o y a v g r F U M Q 'J ES -23 Prejamo Creek Commons Project Final EIR u 3 d 0 u u a C a pu 00 e F d a O b u 0.1 C O e s N V C L b00 u O E Y�I a M N W u Ix G � d •• •� dE rJ' r0 2 o o E Byy nUUn,, a $.8 aT¢� o 0 J9 o b &"o'� •t0 u U Q ,.W cdv Lgc'Ew3a °° b E 5 °, .. � � m � �.0 0¢ 3$ m•D •� L v 'a �.�r. v ° n.o'c c.• ire= •a >U� a E3•yi0 E�3��A��3 p; m'•> pp y7 e� pp O co L C d G y N U �ry m C 4 ' N N W .5 ...." W C Q E 0 O ° E2 0 u °O °yd o``. aa ° U g o — E° om a °d U E •a o >. L° on.y v d c •E a ,�? U yA .� c�° EvE W�°° 0u g2 U�� vim, amA`s E `oA QOLI.�u�oa CU acv vd�''° -'°'c daces =EA �� °�•�a3�°° y EE o m o Q ;E ._ — a o o f° v ao 3 d ,5 °° o °= cq.. E c v E v A v �°� ° m "= N> yO a 0 c° v° a° U u E 0 m `o E E oc E m y u'y a E y c� o o v U °o =o ^>o H n d p 'CQ ^ 7 . m y .$E tb to J �'V Q" N �m'S m O° A 'y c YCO `E N "' ym y • M - E •v' o E7 5v A`�� ''O o - .9 Q � v E r Cu � C 9,0 'E c ° G 0 N ° s •= eU E a 0 4 c O > > o 0 Q m d c° y m agu aN o p o' y a e u a c �C 0 c E N m e s °° 0 E W o c y •S o"s � u 0 w 3 d v E Y N y C C C A 7 E U U .� Wp C V L U � pp y ip O ° °N.14 O >0."oo� a ? 20 v" n a y 9 m a� `� 3 aNi .> U , U° y O N U Ix EXECUTIVE SUMMARY • . • ES-24 Prefumo Creek Commons Project Final E!R c c o f a oun H W .0 V U 2 O omn` �vcux ES-24 Prefumo Creek Commons Project Final E!R d O D 0 p d a a m u L OC.O h C tc t F+ H a 0 F 'O i m C U s F 9 u R a E C R 0�0 h i C C6 IN FBI 47 A A N w L to F • L • EXECUTIVE SUMMARY Prefumo Creek Commons Project Final EIR ES -25 v WL CL O A �•ry 'J p T CCE e� 7n c,m.E 0. o� 9 �' � a o 3 a= U_ c3i > y .� `.. E .° c a.o I.L., �- W N O>ryo 2 W C y G o o c; a 0 c s O m A A B C .^ v 5U p C e_ U w w 3 v 3 N a .$ °o v a 3 aim c r v o. �. c E a >_ v °A� h E d EU eEoc a U a r 9 c $m O oc E > E ° a EZ cV o? oUE> V -S _>u >°r> c a ° U m > o o . v; o E0 .E a 9 'E C U O y 0 v v y d •=� .>'� O L D O c >, c O N 'vi p C '� m V L F R m nC^0 d O �' •N > N o m a .c c O v o J °m .O � N E m y m N O3 D m C t aQ -.E . 2 °3 ` E p O O O N % v U G y 0 , A w 'O E .o. O to w e v o c 3 E v v y E v c S 0 w ro c E .7 w o O > m °_ C t A g A E vm ON0c og cao O O >1 'O � O •° 0 ' :a a E mm a �z 0 ° p er o ? =c aa � .2 ° a - a E c � o �C o c . o E W3 aa V- _ . ^�O o a o w C6 o c N % F U °' a E N E v v vqq� oD w fg U � E� o E E Prefumo Creek Commons Project Final EIR ES -25 d 7 D 0 .7 e 0 u C WI C O F N d rl O F W 0�4 W O U u C 4 00 u q u N W R i EXECUTIVE SUMMARY • ' `tZ x E N g T E y g 4„r� aE•d T .' 3 v > D o ¢ c a o i oo C - .y r b C• a m E.E S 9 0 4 alOCO N e.4 O u 2 v a c v v v u 'O E r r w .p 04 ? O N p 3 WW °n Q v o r� vo m av N ° m r�J •v y ° o > h p m a a E :E C a-o v . v L y u , E F " y y w v e '0 U a a E v °y 0:' o >U 9 v v o v c _ w - o c Q. w 0— o A '� C C T° C N °u y ayi 0 E c°'o c— —v E n o « 2 5 0 a v.r 0o'S€ ad ° m o0 0 u5 .- > - Q.. E m c - o>d 'E w » c u Er o 'm o O L A N' 0 E c up °a? u .." ov ° a) S p G v N '9 U > d b ° . G 6�s A t C C U o 4 d V r a a Sy e o O a d C e y O c v 5 `n v E c v d A '��o3 v ° o m�o Za �v 0 0 � o F aC3 i > 0 0 O O- « C L C 0 '0 7 1 U > 0 ° 4O O =° L . VE c 7 y " E v m h N o J G . E m2v V ° o cO Oy O o U L 9 5 b p L ' 4 E E �m . E — ^> O 4 O v QK �'= a.°C .O m G O d�U m a asS— °�° Gg ° ;aNy u, ao 4... rN Qd ,o .°Q 5 a r �N c> ° °' .8 uu i � v 0 v Ow^ o c C m C O p C L ❑ O O O O M.- N a u v y U E y v o 0 o E o t W a m d A E avi s a w` A E X00 Q O y V fC v V ^C ? Q V W y 20 N r ES -26 Prefumo Creek Commons Project Final E!R u 7 C r ii u a C u t: bq c ea t m a 0 F 7 r ORO ac. W U a. R E" Y u fl h ay+ u m a E e M N w d R z • EXECUTIVE SUMMARY i y u :E a 9 a C ° N N� T N m•� >` = G a; z N .0 d 0� M 00 Et� � CL ai 3 c 5 E .p E y o c m C 'a A 0 S m _ cl O° a .12 � U •-° a0.0 m•° E > o a - v $ __° s? c_ O° U yow��c� C° 'C p L OU 3 y' Qi N N y t N N N .d g� d N 4i N U 4 C.. •Or wJ U y ° ° 0 w E ,ro . y o •- a � �a .co '-L W. C �yqC S am ° Svoa F" OCU.�2v 2 Ei3c uo ° E Et V Y W A U W N OA - C ° .�yy U p d � uo t• > d ' > N 4 �o C O T ° C Lw O T ° C O 0 a. 0. o a 'dEAc�o � = E °F ° e'0 B °M 3 o2 oU 0 ° 0003 ='0eo .�. N^ n W �� U U 3 •--. (0 ^ N N U.� G f] Q {� A'° ° e 3 m m p �ry N _O W O° y .5 `3 O U c N" `° a) O 2$ �a � A e° v a) c9 y O C d 6 aW Q.E `�_ O ,+_, m �. m. o_`,.^°+ N m�'E E °> y m o v!'= a� c72 u� E EL E c ac A o°°oo vs o Edo° c y E E. "BU 3 W'A s UK u $. "0 m E y E� E 0. v— E7; ° 3 3 °' .° 3 � s° 9 m Prefumo Creek Commons Project Final EIR ES-27 9 d 7 C C 0 d a Q C R .0 F a 0 F 'b m ci O m U R u d E r L' is u a Vi m O N r� d F EXECUTIVE SUMMARY .. CL E a e R' c r..: ❑ C •p m ,O0 ty 'O E N c-E.5 3 ° °o ° E E.� E V Z% U nrv.v E v m a c E U d Q'O 3 E 2 1 ° r 7 o'C._ G 'O 'p A .�'C A lO 9 L W G a °E•`m ° d c —° = u N C y 'C U N � �-0 E u dE a `v V N U O E 2.'�0r2�.°. •V "L. TJ CO U L O. Up o O C N 3 O Cp A N .%n• N �. 'LA' A> A 2-0— O G O ) A o C w az o o — Z E5 te E� 0 _ U A ro o U e N A — 22 a N 2 v o c o opt E3 E o m > E E v N o A 5 0 ° a L A : — U c j, ay _ E o 08 o U C O O o$ > A c E u ° C t ^ y .0 u > O r 0 v yy 3 G 0. y °� > ° •v C 00 L � L vv C L�A ' E E 7 c 0 OD N.' E a0�d r >o N E2 ° z A o° s c o d m = C -0 1° LW Y 0 uC r P .0-4 U O L r =1 v O O c o , v 2 V d ? 0 M yy V :� . p p p0� U C O T 7 r Q 5 O C , C "O a �S p L y d 0 O •G O U ° 0 0 0 O . U ' rO . p 0. ^ �V TG p h 3 O r ` .N . N U O Q E •L• >. w. .c.. — L O N L N A tV O O N (�V 3 U G N U 'UO v N ai 7 d 0 a '.r7 U L E rG y U O U m 5 'd n ° O00 my E m�'� o o•� M u ° c v o m E o 0 U v ..Q ?m i E ya ma �v cy ac °W � 3 y O •� X cCi '�C > ° M.-S 0. N 3= O O m y qOq m�S E 3 � So,..• -r •o m � 3 � 'E O E O p m u Al m ._ 'C 'N m a w r w' ES-28 Prefumo Creek Commons Project Final EIR v e C C 0 v m d C CQ Ian F a 0 F d m C U a r u cca G r C pea 00 h i u a E 0 LO N as a R �i EXECUTIVE SUMMARY y W 'Oq a s v A E 6 _ u'> -a M 'E r 00 3 u •7 � q U o e o o'� =.y W v geE.E C d � U C N N U r L m w U O t q W w o 3 N v A j O O C U . '� N •O a). B z v o q _ d a a Y v. r >d A .. • C 2 eoe o p ,e d v o W s o v a a 00 5 ° y o 'S a A o 3 = o C q A p ca —o zm ° cE y o:o g_ c ,0 $ 00 c o = s c '4 W o v `d a > .Y E •E C. O O C d o . JG a a , U 'O 0 .0 0 0 d E t v _ d E v S o v my N 2 a E— o E 3 v• y.�. o N y. o v E v v m O v w C w m W E s N -O �°. S A E W c° v G 3 `2 v o q; p p p q E OU E �' K �° ` V E . E U O O 7 W W �¢• - .° °v y •° o m o r r vO o a v > vW a �ai = o W- , O oNo W 2>, U C« v Y q 'J C aw O V A L u p V9 0 O � U C d N ? W .0 W 0 r 5 N tC0 q 0 u m d o q v ° i° v� ^ V Je ' E ? O>1 O QW O 0 OCT o m 00 ° v A °amUZ . v � � °c i.E o:5 �� 3 i y y :: • . • • . 3 a � 0 A d U O V O r U w ,A � o a c d E _ o' ` G O a�� r a v V U y 7 epD �m y a[� N d U U i,n P7 0. q L Prefumo Creek Commons Project Final EIR ES -29 d O C O y u d a C R u C ao e F a F 9 c�U G CC C R U_ R M u R a E C R u L OCO t u R N R N W R F EXECUTIVE SUMMARY • m E W :p a C N v E� C � 'O C v 0 .0 O O 0 a O O v a A a5ibt. E3.LID O 6 aE m, d O ro 3 •p ti 0 O � c v O � •E �" °3 •00 CyC y �.5 EE ro sf-o o 0— v d oo E>' d of r a ° m 0 0._ 0 V> s ? X N ,a, o 0 o USN r, 0 s. '0 O U.. m O 001- 101 U E v'_ y0 ° °v°-st tOO 5 w'o C a O 0 E ° E 0 ° c s M. > — 3 a 4S - v � a o w r v o y aL 0 0 � .E y > .. s v Lo 'po > C C O U O = O ro m U E s avQ.S a6 cnc O O �" U fn... �%. V N C N '' a 0 _ X E y� a'm ° aa� °v ° O >0 o EFW,�vv � a� c� ° -on v �U?wvcE A. ° O C w% , C P N v N C9. ° t w Q o o `� ^ U O `J O 5' 00 .0 �. 3 m- y c o > -u aq o c E.� vs enN 'P ° �Ou w o 0°O E c ° � r Q 5'id 0 E La c � oU3 sU m'0 E0 . p'O?Q' > O w N N U.- g JC 0 Ze3 NaN, � o E_E �� V ° pG °�_ a e v E E . o vT '•o v� 0 E d > ° v 't 0 Ow 'a 1 vUOEO s C cN V o a ° - Ec v E Q o �Ciy °p +' po 'v °F tO o �v E E o o CO wO H° 0 y> 2-0 G U ny. N N OUD O E o O T N r " V ^PT C � O G °� o .- e y o o E y o 'tc. o aXi C] w U _ N ro N O w C N N 3 R U W C 00 0 m U g y O N T" O F OO N y N 9 a d° o v L C .o o f v co >> o0 W B V o O i0 6 N p" O N 5 N v C >1 � ._ c °?-° °c 0 0 0 is m o 3 0 0 o Q ME c E 0 IS 'roa .. O, y ro � F"' O W O N 0. b O. Y° N�••� O t U O E Q o 0-0 . E a o c Q o > N a° U' S N n A A.Ec.S m a S.c o.E e m ES -30 Prefumo Creek Commons Project Final E!R 7 d 7 C C O u a e u C em e R L� F q d a F d m d 07 C C U m w u et a O C u 4: OCp N V W a E a N h d W F • EXECUTIVE SUMMARY fi 7 x c _0 0 o a a E v Q, o � a U 3 ❑ ° W ° ='E y ° .� ° y O w ° E w s E E u", O N C U.n Cv T .fit 'cO Vt Q v m 0m v w 0 V) = a A a O v 0 •v -d m o e u r -0 c.Cw2Lu E o > € a > w u E O E O O E 4. N O W U° 0 E E A = ° cos^�Eyw v v .. s�, a U e A. E 3 .�. o U ^ s c c o .E °' n, M E o ,,a. ;,. aEi C"' •5 E v A x 3 s a� E .S > a V m s v rn T E o s ?: _ y ;� o m: yb W �_,Opp �y N C w .mss W °�"" N.0 f. W p� M N C_ G...� G N m E 7 N W y U 9 .0, rN� ° N '� .5 �% j3 s N T m °' mL., L z 3 007E = a $ N= o y o O u L' w N' n. 'o F' .° 0 5 vi Q vv w A v a o s � v U eo M E 'o u° r°+ o E r m a �a ?: r a °i . E, o w c °> =°.'°. e c E y '� p c°' 4 G m a >. `� .D d y y C U v E € d E C Ertl d, v w W o AL u a° �� ' E ae'c a ajJQ. mo. m y °gi.s o, 'D 'O O Co O Cr E aid E C E o O w N .� v '8 `n O •r o :° c .E E& m N G .=.1 .. o °u y c� N .B zcU c c Vi ''^'� 1 pOp...y 3 g.J, 0 Q'°�F- y °. ZO ;�'Ev �.'. y �1E. du°g, "_�a"i¢Ea �3vu•o °Ltv� 0.A�o•�a p0'� O •$ 6 O. w 4 ° t V P? y o E u y �° p 3 o O aD =° d -° a°. 0- E Q E y° A$ d} A a'a a} Y� o,a 'a .E N c. A S O a• W w �'o o -; x E3 [n. o x y a� x d d� z:c A3 y._ x P.''c x A �kC ti "~a" eu^N+�a>iav E3`°soi 'S a°i� �'�a`iY�ccA'mvmm o: y r i m vo v, 20 a go .- i .i0. •5 :a m 4 Z r C Oo ° N yE O N tG B E 3 c o 0 N U O.'O 0 m m A or '� °u m Prejumo Creek Commons Project Final EIR ES -31 9 d 3 C L C 0 N d d u VI C Z F a 0 F 9 u d M C W u CS a r u a E a m C 00 in , N u ee a 8 Yr N N QZ N Lz7 d a a EXECUTIVE SUMMARY • i i u m r m 0 T x w •V.0 w T Y 5g N N t m L c w E 5 o y u r .e y 0 .ovog� VL °O >Eu ucm o � L €y c c a � 5O e oe o C a'°q°vCc p• cv.59>Mm qu m V O o m° u 0 N C Q G V CL to O ,A u ' O '0 Eo O .W 5 r = W 500 o � W . 0Z m c 0 aL U > w ° p t 0 0l -C ao s F v O o o s °2 0 o .e a , a S D > A � E . m ti � E • c" U a o � E � ° o E c A ma- r E d ° L o L CI. IQ Q. 04 A 5 y `e `v'eo uw c° ° °- ev`s.� .E 3 E.� W or aE y °-' u€ m o d 3 v E E€ m �' @'o v °' 3 u 3. °- t o $A =$ 3 5'v oL o aE 3 Q, L° a y e m o o 0 o v v.� o mom."°. dti 0 �{ E 3 d v7 yC VL m E o F a;'y r aw A > 7 ! m u y V o 3 '� oL m y ° - ° C v s V p ,$ d Y O u V A E :,-, O O L O o h uR ' y a.0 y . ° 6� dip V O Om ° `wvv �3> N N c �y ` L _: � V w m "v o•e a) >` -H o „ E vei L o = � V V y� m o �W w c aH m . � a o c 3 � s o o3 ° Oxho >nuO � >s2c° °3v >o° omo ° vv > > %o L � 0; c 0 aE [ w I .m m E ES-32 Prefumo Creek Commons Project Final EIR 9 u 0 C C O u d a e W C OA C W a O d r �OWO W G W U s y u W C is 1 V W C6 N W U N V] d W a E EXECUTIVE SUMMARY m m S a m N d y 00 v A E O o e2u sQ C A 0 o 0 C o y o o p a 33.ccE E d N y E3ac.?°' N 2 U� U E > 'J r u 0 •° u ey m e N a °L N 0 > m v 0. ° � > a t to , S A 0�.= d� r —u io E d m E ' v; c C a u °ci . = o N ° V o Wt. 0 � a u • =% o �^ .o0 > W O . p U E 7 E O v >. m u ° -°t S a"i '$ m °U �= m= m u aui �i ' u 'E O 'o m u o w s A -N' E • o A '° d s o u o w - m s o o m h oo . Ir— w s C m v° G > O 0 0° u > Q O m 0 C F 0 Cd) O Ea N 'O U- c > 0 N 0 N 0 O C* 0. YQ .= 'a N J L m CN 7 NpA 0 7 Y E 0 C N O >> .5 u O �•. E A s _ m 0° m 0 7 >>'w o 5°° 0.c c w N o -7 ' s 0 mO ' M E bo ° d , o : ° o y Ne o u v ao d C 0 e t L ° U w ° O W C- `° e e ° o > — N r o E U o i S m .5 E u c U O O N M m >� L O .0 °S w C C s m o E O O � 0 O aWC j Ud..o O J m z •a y m S° .z �C � �� oc . y o E ^' m mC. O M d .•°�^ W 'O d � U O w C 00 0 0 N t N O E E N 7'C 0 -,- m, u 3 d= m u 0 0l E° - I u .� O 0.0 m C y C 0 €•� 0 `e° o 3 A s H a > 3 E? n m m w7 O N ?? .2 W C Cp U a e �ouoE °e�E J N m. 5 x �' N O O G U M M H m 3.c m° Z� ei Prejumo Creek Commons Project Final EIR ES -33 9 d O Y u u u a pC OU y O W s h O F r OD O W U Y W L N u W a C3 W u C 0�0 ♦mil a E r i.n W N d L W F EXECUTIVE SUMMARY • • IL > O =x c 8o'c° 000.Oo D coo -0 o o 0 p S 33 C � 2 '1 b .- 6 v C 0 o o W. pSv E v > O v O u> v 3 0 U 'M 2 �oC a c E O Ot >v O .o E, E 9 G ` 3 o v .w _A o � gy m 0 >` $m .�E y � y o � m V 'rtee£- y c ud C��"A v'9 w ^ ? °a �� m° ° E p U c > v OO v .n m t O c0 _ � K 0 v 'co y d c ^ am. > m�O pE � a' i R,o . 15. .2 C E �v 5 C vc g c0� `c�w "Oa• ='n: ,.$ . „.vc .. •C oy ` W7 mJOp o uwc.2 ? �E D .'d sd E E �� . L 'Ewo 'p�j � .• up �' o °_`e C - Ov_ ..' .oc S � 4c o W 3 ?:�0 .Ny9 b o > > cv c - � '; U oa E3 °., JC ,��d❑ O v Ouyc> L .� 0 ao �> c - EE� � V vO U > v N y E E . o .5 ° Oc�0 Y ° o to ti m O '0 � c a p• o :y '� 5 'C = 0 v o 5 co �a `s9L.H 0.9 >.°� a� ...'u ° E _p c m o o .2` �• O V 0 0. p ME w� E dbO O y� A C ° y ° M o 92 A mC5 w 'D 9 �o 7 id L O O a3.�� to wy , CQ ' G ` C '0 .rvC ® o o 0 a F t L T .E „L cv > W m320 0 O L O L CC ` C w d o EB ° .= �A5 °aAC > M vac L CC =0 0 o. s 0 �� '° m W 0 �i a.� aoi u'S E u j7 ° 3 c �. c .o '3 0 :a 'S 'o °' r, •c o u z m� • -O vaF n. ,L Q 3p—' o E u 0 • v v ° � Y a •o � u .o @ d 3 V � C O d v p 0 t O lJ L d o v a m m a .4 v a a Z o v g H o o O 'O .Lp. u .� ro x O0O G N C . % 7" t r 00. 0. 7 C O .E 0�. E F s >` _ W� O m F •..• v> O E 2'UZ M F a.J -°°� ES -34 Prefumo Creek Commons Project Final EIR d 7 Q Y Q 0 N u a d ee u ,00io h C R L F H V a F Y DCD Y C to U R a H H u m d E C W W C e ao in Y V C CL r m :A, N h W R F ® • EXECUTIVE SUMMARY �`m 0.S '.T U G s C U U U 7 3 y w gOoN �y o 5do ^ �y u yEU '�o ° ' ° f G y oc.�+ 'V�6 c o m . W aoo w o . .3 c SC ❑ `� ..v 0 y ag w N U = �'h ao ° - 'y .a w :? N o :S'm I w° C � imd y 0F , eu Q y O N U G w Q > >.-;.= > U N y G G op O > oo r ' > � o a c o > v 3 °p > eo osc0 e-> w 5 a �yaOww.O . ° .�. '.OU� -oJ p� > O r J` y > V L o .o w L C p N > y 0 Q° w ? ° R o ° ° o •m m � yO O w �5i A a omvro ;; �_w �w ti T 4 � ce > y " y > 1 ° w °TOU° C ° ' 00 N "s�o> y^ w 5E = cgU C N y y O 7O 'CO N w> C w 0 O T U U o W O >yw° o u QE oa � ° 0 d r�o c dE w ao a o m r o> -0" o c. d .; o c .°D > ° `o s -M q •oo c °' au, °' u 3533.54osy..yw'U°wwFoCS..�FSeo�.. .�m .0 E o = r o � °c E $ o Y G r0 C 4 y U > ^ 0.> C T w0 w o rF L y c y °-S ° 4 Q U CC. c C U —w L Q U N U .> Z^= v° w d C �� N U 9 U> Co 'O w C w C U T- 'U G w w '° O U C w o 0 o {) N y ,v 8 v n u w w y y :c r 4 o a •y y.c A �'C 5 .°T. cc a a v v o U .� o° v o v M U y s p o U u � c y w > d FEw Qs °�g.fl a° C •0 UU O m> w .: N .5 (-. O C F d i6 y 2 F 'a E �.o f._d iErk Qdu3_ d d v y y V 5 CL.e 4 U o d w m yS U' o v y C `n 9p O Q y'O w N O U C y,5 3 L 03 E N U d y O F > u O c •Ow w ^ F .-1 Q Prefumo Creek Commons Project Final ELR ES -35 d 7 C ri O v d c 0 en n e F d 0 F Q L 07 C to U cc R .a Vi u O. E C u w m y u C6 E r_ N m LO, N d s EXECUTIVE SUMMARY 0 EN N W E.�> maro3$ xi ° U p vT v O O N= y 3> Eon L A rrLL�TT v ° v 70 0 y C C c E > c o E 3 U d U U o `° .E q 2 3ro��.E,rn C N^ , O 0..> L> N m 0E= °a�vxoo C9y� N O « C y p � N U y ro « •N ro t > t0 C C Z.2 0 a 0 .o 3 ° 7 N 2-0 ro op ', Nv C C L — S N E O" R C «EN N .� p .° UO w O Q J O L U .o O C -vO T Z vN v- `y 3 " ro Z N N >V oE`o ° e ° t °s ° v ri -> E a ...° T 'O v d y N 'pC p C7 U C v O O '0pC p o ° U W - O > v U Q.'O vN 0 s —m on .� o. W a « ° `° N c o C m •° a9i .5 Do- s s 'rop 'S A ° m ,$ ,o°o =0 wE ma ?•� �n °o oro =c> AovoroHY vroT°c_°a3 — h> 'CO Y T C OO�U C ` .._o..��E C= ❑ N t N d C` G 3 U m rofl 3 L L 7 U 3,0 v �dro ; o y � e,L�r •9 c U L 3 NN .eo U. T iaun 'i' ;2.1 ro N o�d . C 2 0 v D v de v E0O° °c yU . E .o 5. T a of E'� o � � 0 ww> y'y m W aN v x o o ac� Q =c u- o ro o O U T q DO a U W N -C a = 0. o a-o co v ro '' ¢ v 'n v o > ro p d.E C G ro v 3 a G 9 . .w v N 0 ` W T 0 s C .O v o > ,5 n .c 4 _3 a 9 > N O v E °. o tE g rtev. u O 9 •E a o "J 5 C ^> 0 ro > > faCE y �n N O DA m '! `, O t0 5 W C � a m -d pe.c la o ovo.a r� � 3 m v � O �o G . �F..• , �r N 2 a 01 o N o =0 � ° A .d . a G n °a :° �•EO �v Ic ° 0c n .v a �a� > .ii.l E! p E 0 �.2 W N N > G ,D o E 3 E v chi .E7zv ro -3rLO o- ro o. 7 V tOi O W C A C ^p N. U u u E p v j 3 v'- MCI u> y y N r, 2 o> v� p; v E a0 m d 2 F o..u'r Om 0 ES -36 Prefumo Creek Commons Project Final E!R d C C O d .a C m �n a F u O F i 000 1� cc m U m as Y u E c 0 u C °A0 u ee C6 E r r r W U N W u R F 0 0 EXECUTIVE SUMMARY ° 'E 6 O o o E� 0 c.0 0 > �vE Emv=e �EdEdE pp m m o v ° u o u c a0 > .E c.2 C u o 3'Z N h s �' ..mop •o aca o A d°� 0 N U Y 0 D 0 0 o .N 3 D o E Y 0 u °' -+� '" U E Q r h ?3 0o c o c T ° 0 S O O t O r V ry d Q p O u Y >i . 0 w o y 0. .� _°? u 0.. o m L m d u u c cry J u . „ a °0 •o u. y 'u v v T .o y c'.c 3 T'C w •$ — .. .. u u m c. ,un o a m 'S U T' E> 2 VO c= a. a u o S c C c c o d aN v > D u ° C Y O 4 y A C d m 'w V N J .m�'I. _ V E -0 'U O 'C O O U N O vC O N pp t ^ 0 O. O '� d :7 C 6 W S v O N C U y C •O m G V L O V �m s '�° �y d c cT° c�me� °w33ocm, ='m°' E o `o ° u . c 0 0 u a .0 d 0 c C 3 o c a .. u 0. m 0 .v E O l0 N m d% m ° Qi ep C 6. > '° N N C N .E V Y. U o op N L L u C m N C U m O ,., N to N •O �' F, °° c°i >. r L b m o u 2 •E . H m ua H a; .°D N 0 y U' -- m m'> s hMWOaLap >> O ��Eg V 0 3 L$ �.� u e c a Z H° y o 0 yN A o 0 0> NV = ? u M y A E 0 c0 .2 O E v N m > a o E ru n . M-0 E i m ' v 0 ° � 'E p ° a c E d N ru . .E aCi U ° A ' � '> . .E mEs °._, CO '2 N y OU v c u 3 3 E > •� •� > Oo .� m _ � 0 0-5 u op E° u 0 .. 5 o.7E y u aNi E • E 4'� 6 L N d o �c U m o� 0 F A 0 o.Eo O.'o " 0"c u ° E 0 u .E •O 09 N aEg 3 C G G G • O C u u O T C O V y m 4 r w U � N a'c % L is a u a N U u N N U ep o y •y ,C � ,O r �, L V L T'T C O . .0 m C 7• V .O [ C .$ EQ. ,M E> Prefumo Creek Commons Project Final EIR ES -37 u 0 C C O v d C L m �n c F d J 0 F 9 r 0�0 ci C 0 U s F V u R C6 C "o 00 u a q m u N rn d L F EXECUTIVE SUMMARY • - • `a CL N v OU •p 3.E'o > d ❑'�� a aw o o Evc p N '7 y O E O> °0 3 d E o =0 E �o o H 3�E2 p" E� G c v O F ,O U �V EuE°v °av'° v 3 ecou °• m c c c aUi ?3 `a� •o. s- °v' �o ° v U. o y AL U a Tc � A d a3 c U v.0 > =u _v v °..no 00 .0 0NN ":E do 'cad a AAA �� 3a c.:E 3v osSd 7 =oeA'm0Ec�°000aAT�� v�• > =.o N V c awvvNoyysAavo`y�' I.n N c cJ = e OO N 3 o o.c E� `° E N ofa sc'v A _ -y' NT C •.tt _. 3 7 6 mE v G 3 m= o O v T o _ = m O O ... CD _ O w U y _= N A N •C 3 C y i0 R N C7 y c03 N °, �. L U N T A y yr�o.,-c vamo mF �.?AS�_ —° ry°�aC�LOOd �� o E.°20 3�� 0. y 0 0 U y N V = z: u 2 E MA EV Nu U ° m A-vv,= tc ° 0E o d$Z ay L E` ° o °'c o o CO. c 1O c a?�� - u a ffi cai • .y � FL.y ., ° r v ' v 4 . h w m v �.. •E H V A 7 ^ O J O.c m v y b v Ei 'c` o O v c c N m y 3 ° v ,o rte. y ,E o m $E = °O^ ° :? u ' o -= c � ° C AO •" Fv y L o o N w. > o NC U$ c y E y m n N (�Lvu % o o N y o 3 a' 0 w r . o v a • .m o c . ° c A v v j a y o a o v ° v c v o Ow, a o b 7 a .v o 5 i b n O. P rA. E v :? i 3 m i 3 U m L v 7 n v .5 v L v O G O c7 O '� ° H 'J s V 0> y ?� 9= y a a 3. u U ° > aE a 0 6' d ° y CO. o 2 a ` a 3 e 3 0 >c v o'y a .o a❑ o TE a o ES -38 Prejumo Creek Commons Project Final EIR d 7 v u J C R V w �n C R i' F N .a Q F R ao W C R U R .0 .y. u R d ♦w c 4 oD h V R (L E Vyl R u N w R FF EXECUTIVE SUMMARY -u O p m A '^ O N O o E o m o= E v 'E = 7 >0 ,E' 9 G m N O 0 O `° E o o o y E v 'E 7 Y Co U °' co >. 0�0 �•' ° C '— e O w Uv O r 0 o v E w ° w U 7 G U O y o Cr , o >, u o m W C O r � y 'O O $ w E ..y c o w i u ° o o Q o c ,� v _ �� c 4' —p. ° c' €. °h E E u u N O L N ° 0 N v 3 y • E N .s - u CN w uaNi $ C° EO ''E Nu E3u 0 —'y uq 3 "O o ._G5q oV1 GE .y N U 70- N L c t o °' 'N �> , ? u •E o ` c� d '4 C c U o '� aw =6 L L C 'E vi ms C ..3 3a. c > o a° .'o o N . y o • °- `°' 'g a fl u o 3 o ° `a cy . `. cn �y 0 co . M c =U �u �=.s Fu o o 0.z s Emo0 AC A V ° °_ °' Qw � mp mo N 12-0 :: ,o a. =•' 3 o v 0 m 4 _ C A 3 w O C Y W •O• O y C d 'C C H= V C N O N '� V D E 7 I c,._lNA yw ea v x O vi a� ° 5•C 3° h O . cn — °,• u s e e e • a: ° o =. ° C o 0 o 2 O a � U m :? i 6 c. A O E . u A u C O N — O Y N > t .S N A O 0 a E y ay U o -0 X u a � O V N y ai ° > 9 d U t0 x o y v v 6 UU y� 3 o Taw u 5Na ate_. q 7 E u Prefumo Creek Commons Project Final EIR ES -39 C c O d d a C e on �n C GQ H d a 0 F 'o w Cd G a+ e U r u C CL C 0=0 h ayi u e4 a E h l� N W L F EXECUTIVE SUMMARY • - - • v a 9 O C 0.0 E .0 C C C u O 0 O 7 •^ y�m E v E.p= "0 =OV.> I ° ry ° E 4 cO saov.eoEoc,G G C C u o O •0 E .0 C C C u O N �^ v�mO E v•E�- u 9 ObI> a •. v o° g 3 E v b C 0 N O V O O v E 10 C C CO uu O td 0 t 7> a .. u p° g« E 3 v on,c V >1 C Q V1 w 'E u 00 v C w O O' y rn at v p 9-0 V CN [ ,C N ,b0 u a> E�i`'E o A .5 .> � c c B « c 3 C E �� C p « ° �Q o�y.E � 3 O c 3 u o °°° v ° E ° m E c N .. .N. [ v v a fn O` '� C C U E 0 u 0 U C u u F O O =. 9 00 to N ° y w h `� E 'O y E a� O O v w OQ H 7> T o E ° e E �3 =.o ov "'� Nf] E _ °..o m 0.,= O= [ v m .210 .0 ° C d V a W UU A N c la: t0 E��o EO — C T.E I N _ E O Q. roil _ Q u u y ° N 'O t .� 0 O O .. �y ... . EU o�°U�E3°v'^ Dada �so� o�mva° .� 0 o L= ro v °_ o >, 0. > ou >. o. N v ? .[ .[ ° r N s a. [ o. A w :'3 u a v ,o m U m z ,= C.'4 o m _� N d 'u0 V .� y9j U c c o F- Ca -2 N •3 ° m a o o c °'° c, ra o 0 O U� m E h .v `° v F o ° V F N w a °d. ° <.g F. v O> E O a[i v O w° O E m ^� o m °' L 'J col. ?: o'E$aad ".=o.Ee 2,��aDO52o A a.3 .� A.E E a�•a i U � c yy u O N o«❑ ° 0 [ 0 O LL P a0m G y os> _Jco '0 5 oLn `� 3r °� 3WE OE.� c E S v e 0 2'a u A U c v o O w c w w W V .O N N y1 u y0 b z ,U E F'c''OoE .. m A O ES-40 Prefumo Creek Commons Project Find E!R 7 d_ Q u d a C C 00 n C L' H q d a F d 00 Iw CC C U cc L Y U a a rE Y m: C VI 1 V r r W A N r d • • EXECUTIVE SUMMARY W A ate. N .J C N � o 0 o Q � N pEj u � v E c o � o Q'c c 0C v oxo No 3 > Ec v >E E.c c E UrJ°', o c UG N U IJ] o° an c G L N- L L O O m 7 O N A C6 E 08 O A w U ew y •E cA ,C v> se•o -oaa Ly � N° > N ° °� >'� v o C c c d v E Q E� W> w> — v c U N °a 0 d °Q2s N 6�� 'Q ocoA� � �N � 0.3 A N O w G v U U Q c U C F o L C= onE v u U- `0 F n O 70 V O C!` .fl v .p b ° ° U r N .° e .v o m ai F a .S y �zis y v C. �td: N • • ,moo �:E rJ' 00 G A U r C tr O H p � O T- v •a O v m G d N 9 E C 7 O N td G O a U N d L N A N E Prefutno Creek Commons Project Final E/R ES-41 Ch W .G F EXECUTIVESUMMARY • _ m t N ° n S. yN Ti C y y N U m�° eyo$�s�2SE �.E o E. y ,� ,� o a U A 'E 000 O R N V 9 ry .0 r y O C F OO > 2 E U1 y 0- U d E c_ 00a u p4 > E'w H'oc.c^: douEi°'Ehcooa°'v>, c ,E •°y° v v t v •d V 4 V V 1Ui 1.. N U N 3 3 3 3 y N d N N N N L d E E E _n o0 on E E E z z z L N N r C E C oC) O U E 1.. .N y •O o a u 0,'4 G U N u O 0 0 0 0 a" E A._ u ° awws a o 0 o o A s. ° E- a ono CL E s s U E d Q cv`o•v C � cA c. °u E- rte', 'mod ES42 Prefumo Creek Commons Project Final E!R N r V R rr e 0 W 7 i. 7 U O 7 v7 W a a U Fti a a o E 0 . s o '? `v 0 p y ©5 E c o E O .0 y d 5 C E V O C ° V o y > L v v �.t 0 •� ` > 0 E U C u U C E 4 �.5, E c O'•a v v. + C V CO 0 5 z c v 3 v ,TU p OA U m C v y b� .3_ o 0 5.� o o .- n0 o 0 F d VI 9 .T• '.r.R i r"LV E A y� ERy N R ,LC V 1 U , rTboaa'� y •� ? mic E v M C W O 4 V U v ,gam —E E 10 .8 C C O U N Q ° ` r00M.°_0„0 d OvovL E[= o a0.c n,V ti U'�^ya v •0.N c 3 w o 057 v r 3 � S y'v0 U' C •O N N ,y •v�= `2 v E � 3 y 3 .o t N c ai U'O W 0. d •_ y 5 C �y 0 > F Nm U m > °? v • EXECUTIVE E o a Q U J W � O v.3.y O T N w >1 O � o c m o T o m 0 0 N o E o w E 0 ❑❑ N O "BE c v y A a> v e = a' 0 d o y• C �m�mr n m G z K 4 N O U aCi > O O G L C O E> y�v00.v.E v E A cu U O'O S U v v m ° a Z U v t d W 3 L O 0 C, y �sUO,E� •= "' y aai p .£ UJ F p vz" r . . > o . L6 L U a v O > U N c-va 9 N `v C N O 0 _ V y O p > > L QC 'r N y � y v E y C g 0-0 o V d Y L L A m o ° o c E�¢ �° m zQ 0 75 5 U N L U o ••°0 5 Tid. v u> a z Q U a o v .c .E L 0 T Q O C G A L ? G E ac' u E a v o 3FE a °¢j S o'O„ =-a O v,a O N i a`0 0 0s " Q O L U W V °Uo: 300 > 5 E > E n .E •% O C ° F m y A EAR 0p O '� C �d0 3 .E o °c > C V >�R' p CJ V O0 N N o o c °c E ° E 010 s•o mr L 0 o W N�z v � 'E.>v. v V CC T i a v W h z "U 'C o Prefumo Creek Commons Project ES -39 Fina(EIR � V o o o vp, uODU c�w Q T7 O 0 0 �Ec00 >Q 5�'0 O N L �.5;;° E o ° E E 5 E v p ^p C �" U .v.• T7 R U N y 3�j �'Em NbSc v o o i° ao 0. E. 0U.o 0.E c o Tg °cA v uAE a E OVt U T- 0 O y .14 _ w N m O o c E. a.E A o c° 0 m c. o A A C 0 ✓,� .> C y> ro C6.- v N O A m v 7 E d ?�EO�U uc?•« c.No U z = m '= .� sv: .s _u �C c m v>vy a�i c'E` 0 a ; v p y 0 00 O U a23 CO 0 o •0c_0 .5 rEoo C ° 0 6 0000 Y Q U 0 7 N A U C 4c s v> U cE '00 'n.° C. °GCU' vc�> v.NT F E 00 v m y c 3 v w I'- o E c avi E E oa 0 m a g o v ? Q n m, o A t'S a f d Ov 'A`o = a-c QE.Eo' O v o Uo v aa o E 0 . s o '? `v 0 p y ©5 E c o E O .0 y d 5 C E V O C ° V o y > L v v �.t 0 •� ` > 0 E U C u U C E 4 �.5, E c O'•a v v. + C V CO 0 5 z c v 3 v ,TU p OA U m C v y b� .3_ o 0 5.� o o .- n0 o 0 F d VI 9 .T• '.r.R i r"LV E A y� ERy N R ,LC V 1 U , rTboaa'� y •� ? mic E v M C W O 4 V U v ,gam —E E 10 .8 C C O U N Q ° ` r00M.°_0„0 d OvovL E[= o a0.c n,V ti U'�^ya v •0.N c 3 w o 057 v r 3 � S y'v0 U' C •O N N ,y •v�= `2 v E � 3 y 3 .o t N c ai U'O W 0. d •_ y 5 C �y 0 > F Nm U m > °? v • EXECUTIVE E o a Q U J W � O v.3.y O T N w >1 O � o c m o T o m 0 0 N o E o w E 0 ❑❑ N O "BE c v y A a> v e = a' 0 d o y• C �m�mr n m G z K 4 N O U aCi > O O G L C O E> y�v00.v.E v E A cu U O'O S U v v m ° a Z U v t d W 3 L O 0 C, y �sUO,E� •= "' y aai p .£ UJ F p vz" r . . > o . L6 L U a v O > U N c-va 9 N `v C N O 0 _ V y O p > > L QC 'r N y � y v E y C g 0-0 o V d Y L L A m o ° o c E�¢ �° m zQ 0 75 5 U N L U o ••°0 5 Tid. v u> a z Q U a o v .c .E L 0 T Q O C G A L ? G E ac' u E a v o 3FE a °¢j S o'O„ =-a O v,a O N i a`0 0 0s " Q O L U W V °Uo: 300 > 5 E > E n .E •% O C ° F m y A EAR 0p O '� C �d0 3 .E o °c > C V >�R' p CJ V O0 N N o o c °c E ° E 010 s•o mr L 0 o W N�z v � 'E.>v. v V CC T i a v W h z "U 'C o Prefumo Creek Commons Project ES -39 Fina(EIR u 3 C u Y u W R a C i C W d Y 7 3 U w 0 L 7 y d R F EXECUTIVE SUMMARY � O C N N V 'O d y .-• Y w w N > a N C� C . •m Qi 'O p U .0 4 0 K 'U' rv°i .p N '� y O .O G 0 G N C y0 E ,c ta t: v �c Z Id ° m UU>, .Q A. a 0 ai 0..0 I J Lu m m � � � .o v =. � `� > '�, $ o ff ° °j' ,° ° =,.a '°. E u °a. � OcVr ❑•E3y.> �=>P E°,'^LjO C4 G C U V y N N �.. d G'. G'rj •_ ^.L. u •U S U v A C Hv v 0 0 v o >. uv�05 ca E'.y�v 3s.c°- >O •E• vo ° E vF E 0 o° c 0 0. y W u E o `.. H E t •E n° al 0 `m c w v " o E •LO_u 5 °c > Sc c v .o o N v 2 E 0 0 v o c .1 Q L v C vw � u o o o n° o -ST v v c d o v ° >0E'ev 0 cv'3drm oc00.E O v a ° m o a°i ,m E> E .v y Va ) .0 .o U° . a E ° -0 'm Ln. _ o . 0 0 0 0 v o p U L � Q UO m p C ° 0 0 C . O T C 3 - •C > p v 'Lm c � vm E ° pL ^ u U ° .a a o. U x u o $ � v 0 ° n y vi Q 0v 0 '� o E 'U ': u o F 0 ogA O C6 v E � c t > _0 E p, •_ U L v 0,2 Jo ry D u L C �c ❑°° _d o'�S .v. w .Z . °a �, d v v 0�y . v cE F E au oa+ s E> Y v y c 4 ° c 0 u> C O 3 r m ° c 0. u o » � Uy .EL'y V a N o u v v H u V c o E o y N u x V o E a •$ 0 a 3 •C> a 'o Q a o o , C ° A •�0..�' .°3. •E W' d E, aN . 7 w W 0 d O G0.' s W ❑ 3 ° c > m .o 2 12 Oo0 N x .eEro o� N a .E ° ° °c -0'o u E c 3 A c .^� U a •0 c 3 s c Q v of c> > A v c v 0.> ,H L d Q °° c v o �,-_, .. p� >> v v 'o N E o "= c 0-5 m ip L v v v '° 2 0 „ O. on —0 c '- y 'o ° O �' 3 b a v 8, u o `Eq, 0° •a u d 'a m� 0 'a m m o❑ A' ° �n °�, 3 a o w s o w L'! A >, s v v v >, E `� v- ° v> .='�, ° c u r v S T o u o v op._ .ti. - H >> on e0^ U r N O "1 U E> C 'L U w U W y C A ZVI 0 C, 0 � O o 0 E v •y ` Q0'� c' � c v? �$ A E ov s v z u w u CL s c a` 3 = v• o 5° 3 yo > o ° c ' ' cv ,6° dE> w O g , E c y ° o s Q U v m E A t `� c u s" 'S v o a t d E v °. v E C m _ 6 O_ a E ° `° - 5 °° E 3 .� = v y ° o aEi .0 9 m °c° 00 v 5 w r 7 N m�' m _° '° u y d m :: 8-u' .n c o. c.'o .E °> o F U m o °c w e .� V> a c �' '-' v m v o L m'.5 v c� o w.... c v. o v 0 'O .0 ?: °' n° oo '^ w v 5 = ,° c A t v 0.l= b m 00��.0o P�a>�° A �°._ as 0$y�o ��'> >% v a r ..U�'. O^ w ° i d �G ,� v c N a A y" y G A N d O .>`. N �>> � E pvo�'[ • °- °v °0 7', E dEv° Mco5Q =Ou u 3 m m 'o `0-' d.Ex6Rcov�� v`o a':LSO�o .c 00 0 o Z�v � °y.0 n ° $W Ea� .ro3.° mE .. ^C v cE�$°TE cocoa °oo�ssoAo m m m •E axi o. n C S °1 F 5 .id. cm v 'y O °u U C ES-40 Prejumo Creek Commons Project Final EIR W y fs7 cc w F • • EXECUTIVE SUMMARY m m o 5 .E '� o c r a o Qya o'n i B r a m v�j. my v -. E E �O o ty r:5s ° � �° v �•° � �.��H � v E c ° •z .o 'ate` = e a r E u m > m c v o �E S o v° m o o E c m.m °• -B c m v c 4= O a r &• a .E `c o a E m `- .S r vi > tl o 3 y m c h 0 3,EE o'v.EcG y r S od Ov ° � ; E a C O °O o to CL -4c O spa a d F C X' U 0-A 00 a o o y a v •0 v _ m y w > E m 4 Q E v b4 4 'c QOs o o a' c ate° v E =C E z E°r > ° c °o > _ c E Z p u o r o r a u ou 3 .o d d to o~ 4 > U c°po= m 6 o C> y C Q r Q= c i tl i Q v o n v E c 3 v a 0 0 E o car c° E v M o mO vs m E°v ❑ e a FO�� a ^o -off'^ E3Zc4U°�o$ c E��0 5c. >E? off° O ✓i N N 5y o G .� E o 00�0� o Q c Q.E c y E° o.° o as d o° d ° .s v eyyo ° } E r-0 .E v `. c °' :e .� >. �_ v a y o p_ c y. m 'v 'C to v m m V y v m a r a b a �_ v O ¢ v .E o a A c E o d v m° v .=° a o` ..vE °• iO Ei =� 4�3o'QO° "` °0 0u 3'0 cQ o d .� y 3 `a i •g °o = -1 O O W 'O `r OQ J pN p 0Y O mLC rA- ° 3 _ o o v 'C •�y � 'O y U fo �i r i `a a ❑= c° v o .o c o° r o m c aE > �'io.= a �°s v E a =9 3 v o _ Q p ` y y o C o > E c y = E o ua v ° o o:c` -..5 •y " Qo V° c a E`� •o° _ d fV "_ d v c "Ox -°c E -°r o ° �3 ° o *, Q 4 4 o ° •5 a m Q o °_' °p O f ,to - v o s v m c c° ° 00 a c oy, `_ °y' o O= c= o C 4 'a Z o o v y �° vi = c y dp O Y' V u „ r O C 00 .> o 3 .° _ y -� o S -� y a 'O 4 C L q a UJ Q. Ol n o: m `.' ,c i •� a '$.s a J i; o =° o o• w o m G N of io ` `-' a°o � A s `o v c c 0 v G v M o E e ` ` T'x v m o �t V E v [ N IL x` �i. 3 v o C[ i cEi �` ��n �` �` i j y° v E v G �•� V U U V �.� U v a= 0 3 a >c V 4mi O L C ami v E -o bCq w> t p Prefamo Creek Commons Project ES41 Final EIR u 7 C u v Y u R a R C e 0 L e W 0 7 U W O m !1 {=i R F EXECUTIVE SUMMARY • (J ES -42 Prefumo Creek Commons Project Final E!R r6 N 3 0 y 0 m a c m 3 'd v 0 c u c D o d v v e c op 3 y ° v O ° e m a c� y v ao o . v m .�a v °' p ic ' v c ❑ r m o E o v E U 0 c E o a> v v .O 4 n. o • a O p❑ 9 ._ N 0 c° ° u c U ao = b = • o v EoNY30`u 00'�E v $ ya A v o E O .:3 o L y G L s r CU 3 y O s F U y o p y CD O 0 M UO V O .J CA >> 3 o m v° u as ca`t 0 5 0 F v O 'OT o Z5 E E e v 2 3 W eu A o• N c .a° E' a d o o L d W R A Q'o oUA4v 0 d ov o2 U ;; n $� O da a� et C. .0 7 m r p N J e > �� C �m o V aOi$ EE_>om 3 c oso o < �s m Z -o ^O •o m E d s ^� N - 0 o_ _ v a'S 0.- Q •,� e e F ,E ou _ = "m 0 ° o s° > ' 0 ' ° ' o m > > > O v ,E z •° O > 0 C O - O aw '? fl Q 'c� o ° p o N w o v; c w cv >,a $.? 3 s c .E E o °- ° d u c v Z .2.,S -0 "' rx m m e d T� .fl w" !- U 0 C7 .� X >'° Evr ° o c v Z 0 0 3 -;'o_' °� G. .°�.3x' ° 2'� v ter. E� uo > y o= �v �� a o G. s C '.7 C� a v�r.r7 ° qry Q o �� D 6 > a m " u s i 3 c u s 0 •a� E ` U S o Faypp .c vo 5 3U N U e e •' N y D .S � d - 'o 3 3 " to N r y O . .J •..c. 0 G O N t N po o o v .o C O s N N a O A o E O° w ttl iC .Q rJ0' [ 3 L A E v C It 0 C s o`�fL -�•�� 3 m o 0° .Q N-o 3a V v c •_ orn.`3v >'> o o m �o� =3 ° s �N�'o°�Dd$ t o v E Ls a u E .o E O (d N °-° ° w o, c c ° F U 0 • • • o .� 0 3 E° c pp C m .W s 6.Cp O �. b t a vUi m U •i y U d A �.�. U C 0- p ,�,� m •E > ° o``T' 3 s O . > > U D O ' U C 4 O L O o c .- on30 Fa wN co m c A ''U �: rc E s C y .y 'C y L•p 6 p a v D O V N U 0 0 O Z 7 0 .O U U >Ors'�A�°ou��c't� C U d E °c o Oq W U 2 ES -42 Prefumo Creek Commons Project Final E!R C `u. r u R a 6 Y C as a i C d y R 3 w 0 m 7 y 11 COD G� R F • • EXECUTIVE SUMMARY Prejumo Creek Commons Project Final EIR ES-43 o •" '� G ro 0/ �7 00.5 m p' dO � C O ^ .T. A .° U y 00 O N C O •� °yo < 79 5 E > Nc ° EbD o a b v c E $ 3 °c u r E's E o E >Qw� = �C1N 0 2z d >.° ad m 2'O c v o. au A o v 'g? ia v .5 2 F y q v ° >3a U m m a U a E �v ° oE o o o E 0. o n Em U v e °U o ro E > a• p o u ro . >,:= E.= ro c .5 'v ° u °F?o 0'S .5 Ecu_` `uEdw`u °- = °o w 3 o COP. .4 N� 0 G _E°_° O 0 A U 09 — E G -O C 0 5 o 2 R,v �•;, e L�rOr c Mo vs '� ?.70 n .E ° > a N °° ro > 0 0 `Utl 'd 7 m O w U m m 2 y .lt. C L y O ,M 'ou 0 O O U ,C C 7 u d Q `u E C4 ^C% o e v 3 w m A $= v v ° ' iaU r ypgN E ° 0 : ? U° C 0 ro O 0 O C ? z T .0 N W ° L Q O 'O O O N O E C > > .5 b U 0 O C ro 7 ro •00 U C N ro U 1 t p T m °n O ` p s U d 'E 0 v U Fn a ° � E o 'o c o o o. o v '.zz Q C v w s m C' v .ro, ° 3 � N . o E o . ° E ir sro o E E ^ ' '= n, V sV uemd ' O O Z N �,,, •p 0 C ° 'F E G O O M m V mv a G Sy? ° > c E r 9 a on 'a ;3 O ° .. rn :. 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W Prejumo Creek Commons Project Final E!R ES -45 • RESOLUTION NO. 10109 (2009 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AFFORDABLE HOUSING INCENTIVES FOR THE CONSTRUCTION OF A 42 -UNIT AFFORDABLE RENTAL HOUSING PROJECT AT THE VILLAGE AT BROAD STREET (2238 Broad Street) WHEREAS, the City Council of the City of San Luis Obispo met in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 4, 2009, for the purpose of considering a request by ROEM Corporation for affordable housing incentives; and WHEREAS, the project is eligible for affordable housing incentives because the developer has committed to providing 41 deed - restricted affordable units fora term of 55 years; WHEREAS, the project proposal indicates that 31 of these units will be affordable to very-low income households and 10 units will be affordable to low- income households; and WHEREAS, the total value of the ,incentive requested is $1.8 million, including $1,034,448 from the Affordable Housing Fund and $765,552 from impact fee deferrals; and WHEREAS, the affordable housing incentive will take the form of a $1.8 million soft loan, or forgivable loan, with a term of 30 years and a cost of 4% simple interest; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff presented at said meeting. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council does hereby make the following findings in support of the proposed affordable housing incentives: Eligibility: The project is eligible for AHF assistance because it will result in deed - restrictions for 41 low- income and very-low income units for a term of 55 years. Need: There exists a substantial need for the proposed type of affordable housing. The building floor plans include 24 three - bedroom units, 16 two- bedroom units and two one - bedroom units. The level of affordability of a unit is based on affordability to an eligible household with an income represented as a percentage of Area Median Income (AMI). The income targeting for the ROEM proposal includes: 5 units @ 30% AMI 5 units @ 40% AMI 21 units @ 50% AMI 10 units @ 60% AMI R 10109 Resolution No. 10109 (200kes) • Page 2 Based on the City's Affordable Housing Standards, this affordability targeting translates into 5 units affordable to extremely -low income households, 26 units affordable to very-low income households, and 10 units affordable to low income households. The City's Regional Housing Needs Allocation (RHNA) for the 2009 -2014 period establishes a goal of 366 new extremely low - income and low- income units combined, and 254 new low income units. Suitability: The project is particularly suited to the mid -town location because residents will have access to schools, parks and employment opportunities in the surrounding urban area. Transportation options include bus routes and bike paths that are located immediately adjacent to the site. Timing: The timing of the award is critical because funding must be approved no later than August 17, 2009, for the project to be eligible for the 2009 9% tax credit round. Financial Effectiveness: The proposed affordable housing fund award leverages substantial equity contributed by the developer and a State tax credit allocation of $1,493,365. Readiness: The project has all of its required City approvals and can be carried forward with the approval of the recommended financial incentives. Specifically, the project is located on one of three parcels that are part of a coordinated development plan. The Planning Commission has approved a use permit for the overall project, and the minor plan revisions proposed by ROEM have been determined to be consistent with the approved use permit. With respect to the remaining phases of the project, it is the City's expectation that they will also be carried out in a manner that is consistent with the approved Planning Commission use permit and the site plan. SECTION 2. Affordable Housing Incentives. The City Council does hereby approve affordable housing incentives for ROEM Corporation in the amount of $1.8 million, including $1,034,448 from the Affordable Housing Fund and $765,552 from impact fee deferrals, subject to the following conditions. 1. The funds shall be made available to ROEM Corporation in the form of a soft loan, or forgivable loan, with a term of 30 years at 4% simple interest. Periodic payments will be waived with the development of the approved affordable housing. 2. The funds will only be made available after an affordability agreement for the project has been recorded, ensuring the affordability of 41 units in the project for a period of 55 years. 3. Prior to release of funding, the applicant shall submit a management plan for resident service amenities to the Community Development Director for review and approval. The plan shall cover ongoing after- school programs for school age children and on -site educational classes including ESL and computer training for adults. The plan shall also include a program for activities conducted in the community room/recreation building. Resolution No. 10109 (2009eries) Page 3 Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh and Carter, Vice Mayor Settle, and Mayor Romero NOES: None ABSENT: Council Member Marx The foregoing resolution was adopted this 4th day of August 2009. Mayor David F. Romero ATTEST: Off« G� �� ZX-9 1 ElAna Cano Interim City Clerk APPROVED AS TO FORM: Jon . Lowell City Attorney RESOLUTION NO. 10108 (2009 Series) A RESOLUTION OF THE CITY COUNCIL OF THE 'C TTY OF SAN LUIS OBISPO APPROVING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA COASTAL RESTORATION FUND IN SUPPORT OF ACQUISITION OF THE FROOM RANCH PROPERTY WHEREAS, the California Coastal Restoration Fund (the "Fund ") was established by the U.S. Fish and Wildlife Service and the National Fish and Wildlife Foundation to provide funds for natural resource enhancement projects within certain coastal areas of the State of California; and WHEREAS, the Fund has announced in 2009 Request for Proposals; and WHEREAS, the proposed Froom Ranch Property Acquisition Project is eligible to receive grant monies under the Fund's 2009 Request for Proposals. 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 grant assistance from the California Coastal Restoration Fund; and 2. Appoints the City Manager as agent of the applicant to conduct all negotiations and execute and submit all documents which may be necessary for the completion of the aforementioned project. Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh and Carter, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Marx R 10108 Resolution No. 10108 (2009feries) • Page 2 The foregoing resolution was adopted this 4°i day of August 2009. EA M �M .1 M W70- O. MN MEMO ATTEST: lain Can Z Interim City Clerk fonagvff P. Lowell City Attorney RESOLUTION NO. 10107 (2009 Series) RESOLUTION AUTHORIZING TEN (10) ADDITIONAL TAXI PERMITS FOR 234 -TAXI, LLC FOR A ONE YEAR TRIAL PERIOD WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi service for its citizens; and WHEREAS, Beach Cities Cab, Green -Go Taxi and 234 -Taxi LLC are the current taxi operators in the City of San Luis Obispo; and WHEREAS, the City has received an application from 234 -Taxi LLC to increase taxi permits in the City; and WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code Chapter 5.20, the City has evaluated the demand for additional taxi permits in the City; and WHEREAS, the City has determined the need for an additional ten (10) taxi permits in the City on a one -year trial basis. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds there is a need for taxi service in the City of San Luis Obispo and approves the rates in connection with 234 -Taxi LLC operation as follows: Fee Type Current 234 7Taxi Pick U $ 3.00 Per Mile $ 3.00 * Wait Time Per/lir $25.00 Surcharge (2:30 am -6 am one Credit Card Use None Minimum Charge None SECTION Z. The City Manager or his designee is hereby authorized to process ten (10) additional Taxi Permits under the existing Certificate of Public Convenience and Necessity for 234 -Taxi LLC on a one -year trial basis. R 10107 Resolution No. 10107 (20091Peries) • Page 2 On motion of Council Member Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 21st day of July, 2009. Mayor David F. Romero ATTEST: Plain Cano Interim City Clerk APPROVED AS TO FORM: V Jon _ . Lowell City Attorney RESOLUTION NO. 10106 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A CONDOMINIUM CONVERSION FOR FOURTEEN APARTMENTS AT 614 GRAND AVENUE APPLICATION NO. CON 17 -09 WHEREAS, the 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 July 21, 2009, to consider Application No. CON 17 -09, a request to approve a Condominium Conversion for 14 apartments known as Grand Terrace Town homes at 614 Grand Avenue; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA); and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed condominium conversion is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing since the conversion will provide three deed - restricted affordable units at the "low- income" category consistent with the City's Inclusionary Housing Ordinance and the other units are affordable by design. 2. Upon final tract map review, the conversion will comply with all regulations and property improvement standards for condominium conversions. 3. As stated in the applicant's property condition report, the property is in satisfactory condition and a report of any known defects will be made available to future property owners and kept on file at the City. 4. Based on a staff review of the application materials, a visit to the site and a review of City records, the property is in substantial compliance with the Zoning Code in terms of allowed use, density, parking, yard areas, building height, and all other applicable property development standards. R 10106 Resolution No. 10106 (2009 Series) • Paget 5. In accordance with the Condominium Conversion standards the applicant has delivered a notice of intent to convert to each tenant on May 11, 2009, which will be at least 6 months prior to the tract map review by the Planning Commission. 6. The existing apartments, due to location, design, condition, and general conformance with property development standards are appropriate for conversion to individual ownership units and will result in a quality living environment for future property owners. 7. In light of the above findings, there exists adequate facts to support the findings required under sections 66473.5 and 66474 of the Government Code. 8. An equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project. 9. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple family residences into condominiums is categorically exempt from environmental review. SECTION 2. Action. The Council hereby approves Application No. CON 17 -09, a request to convert fourteen apartment units at 614 Grand Avenue to individual ownership condominiums in accordance with Municipal Code 16.17, subject to the following conditions: 1. The applicant shall apply for a tentative parcel map as defined by the Subdivision.Map Act and in accordance with the City's Subdivision Regulations and Municipal Code Chapter 17.82 (Condominium Conversions). The tentative parcel map shall be subject to (but not limited to) the following conditions of approval: a. Each unit shall be supplied with individual meters for gas, water and electrical service. Location and type of metering shall be subject to review and approval of the City. b. Any building defects noted in the property condition report submitted to the City shall be repaired prior to approval of the final condominium map. c. Any improvements necessary to comply with the property improvement. standards for condominium conversions (Chapter 16.017.070 A through I) shall be completed prior to approval of the final condominium map. Such improvements include (but may not be limited to): private open space yards, bicycle storage lockers, retrofitting units with additional energy compliance requirements such as increased insulation or insulated windows, restoration and refurbishing of landscape areas, installation of common area improvements, installation of smoke detectors and fire protection systems, or repair and upgrades of parking areas. d. Conditions, Covenants and Restrictions (CC &R's) are required, to the approval of the Community Development Director and the Public Works Director. The CC &R's shall Resolution No. 10106 (2009 Series) • Page 3 include a description and regulations pertaining to the open space easement and all common areas. e. If pertinent, the tentative map shall reflect the location of all any overhead and underground utilities. £. The subdivider shall submit a final map to the city for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. g. Pursuant to Government Code. Section 66474.9(b)(1), the subdivider shall defend, indemnify and hold harmless the city or its agents, officers and employees from any claim, action, or proceeding against the city or it agents, officers or employees to attack, set aside, void or annul an approval of the city, advisory agency, appeal board or legislative body concerning this subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Each non - purchasing tenant not in default under the provisions of the rental agreement or lease shall have the right to remain not less than 330 days from the written notice of intent to convert. 3. After submittal of the tentative map, prospective tenants shall be given a written notice of intent to convert prior to leasing or renting any unit. 4. Applicant shall give any present tenant a non - transferable right of first refusal to purchase the unit occupied. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. The tenant's security deposit and last months rent shall be credited towards the purchase of the property. 5. Private open space yards, including new fencing and any other necessary landscape improvements, shall be completed prior to recordation of a final map. 6. Solar water heating shall be provided for each unit, and appropriate easements shall be provided for collector locations. The Community Development Director may waive the requirement for solar water heating in cases where the Chief Building Official has determined that equivalent energy saving will be obtained by other means. 7. A minimum of three units, of average size and quality, shall be deed restricted to "low" Affordable levels for a minimum of 45 years, consistent with the City's Inclusionary Housing Ordinance. The unit shall be deed restricted upon recordation of the final condominium map prior to sale of the property. Resolution No. 10106 (2009 Series) • Page 4 Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 21" day of July 2009. MODWOMNE M ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: J&iathaf�P. Lowell City Attorney • • RESOLUTION NO. 10105 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUMMARILY VACATING A PORTION OF UPHAM STREET WHEREAS, California Streets and Highways Code Section 8334 provides that the City Council may summarily vacate an excess right -of -way of a street not required for street purposes; and WHEREAS, the portion of Upham Street to be vacated is unnecessary for present or prospective public use as a street; and WHEREAS, pursuant to Califomia Government Code Section 65402, this parcel is appropriate for summary vacation without a general plan conformity report by the Planning Commission because it is the remainder of a larger parcel, which was acquired and used in part for street purposes. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The portion of Upham Street as described in Exhibit "A" and shown in Exhibit `13," attached hereto and made a part hereof, is not necessary for present or future pubic street purposes. SECTION 2. The summary vacation of said right of way is made pursuant to California Streets and Highways Code, Chapter 4, Article 2, Section 8335, and from and after the date of this Resolution no longer constitutes right of way for public street purposes. SECTION 3. Pursuant to California Government Code Section 65402, this parcel is appropriate for summary vacation without a general plan conformity report by the Planning Commission because it is the remainder of a larger parcel, which was acquired and used in part for street purposes. SECTION 4. The City Clerk shall cause a copy of this Resolution, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. SECTION 5. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution, including conveying the vacated portion of Upham to the adjacent property owner. R 10105 Resolution No. 10105 (2009 Series) Page 2 Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES'. Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 21 st day of July 2009. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney • • Exhibit "A" PORTION OF ABANDONED UPHAM STREET RIGHT OF WAY A portion of the Upham Street right of way of the Ingleside Homestead Tract in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map filed in Book A, Page 132 of Maps, in the Office of the County Recorder of said County, said portion being described as Parcels X and Y as follows: Parcel X Bounded on the north by the northerly right of way line of said Upham Street; Bounded on the east by the westerly line of Parcel B described in Document Number 075219 recorded in Book 2786, Page 550 of Official Records in the Office of the County Recorder of said County; Bounded on the west by the southerly projection of the easterly right of way line of Santa Barbara Avenue as shown on said Map; Bounded on the south by the following described line: Commencing at a 1/2 inch rebar with cap stamped IS 4819 marking the most southerly comer of Parcel 1 as shown on the Parcel Map SLO 84 -192 filed in Book 37, Page 59 of Parcel Maps, in the Office of said County Recorder; Thence along the line common with said Parcel 1 and Parcel 2 of said Parcel Map, north 55104'16" east (north 53106'21" east per 37/PM/59) 39.72 feet to a 518 inch rebar capped LS 6192; Thence south 34 °55'57' east 47.59 feet to a tag stamped LS 6192; Thence south 15 °38'02" west 240.09 feet to a tag stamped IS 6192 and the True Point of Beginning; Thence north 75 018'51" west 47.10 feet to a point on the said southerly projection of the easterly right of way line of Santa Barbara Avenue and being marked by a 5/8 inch rebar capped LS 6192. Excepting therefrom Parcel Y described below. Containing 750 square feet, more or less. 0 • Parcel Y Bounded on the north by the centerline of said Upham Street; Bounded on the east by the westerly line of Parcel B described in Document Number 075219 in the City of San Luis Obispo, County of San Luis Obispo, State of California, recorded in Book 2786, Page 550 of Official Records in the Office of the County Recorder of said County; Bounded on the south by the following described line: Commencing at a 1/2 inch rebar with cap stamped IS 4819 marking the most southerly comer of Parcel 1 as shown on the Parcel Map SL.O 84-192 filed in Book 37, Page 59 of Parcel Maps, in the Office of said County Recorder; Thence along the line common with said Parcel I and Parcel 2 of said Parcel Map, north 55104'16" east (north 53106'21" east per 37/PM/59) 39.72 feet to a 5/8 inch rebar capped LS 6192; Thence south 34'55'5T' east 47.59 feet to a tag stamped LS 6192; Thence south 15 °38'02" west 240.09 feet to a to a tag stamped IS 6192 and the True Point of Beginning; Thence north 75 °18'51" west 47.10 feet to a point on the said southerly projection of the easterly right of way line of Santa Barbara Avenue and being marked by a 5/8 inch rebar capped LS 6192. Containing 8 square feet, more or less. The above - described parcels are graphically shown on Exhibit `B" attached hereto and made a part hereof. �c,;� LANDS\ T. Mo F< END DESCRIPTION No. 6192 7/23/09 Exp. 3131110 1 Joseph T. Morris PLS 6192 exp. 3/31/2010 s Q \9 \OF CA0 CAP J MISSING "pp \V► O O�A 0 N D Z --1 D A W D o0 m z �: M NO CAP BELOW SURFAC SETA COTTON SPINDLE & SUPERTAG LS 6192 AT L' Pµ1? 159 3� POC P��O�AO�o S\1O P� 99�oyu 0 a /Acio ?PF of 0050 91-0 P�_ A gEE IL Z OF FD 1.12' REBAR io1 FD L &T f gHE CAP X55 9a LS 4819 r LEGEND DISINTEGRATED 0 SET 5/8° REBAR LS 6192 ■ -SET LEAD TACK &TAG LS 6192 i. I ■ -SET COTTON SPINDLE & I O h SUPERTAG LS 6182 i 96�SM I SCALE 4` a e 2 J= 0 O - FD 112 REBAR LS 4819 UNLESS S)Se TPOB I 0 25 50 100 OTHERWISE NOTED L 18$I.E R1 - 37/PM/59 "o, 4? 10 POC -POINT OF COMMENCEMENT ,` 1 1 INCH = 50 FEET TPOB -TRUE POINT OF BEGINNING 912 CLARION COURT 9AN LUIS CBMM CF83491 T9999a<9/1 pm� www.w coum . EXHIBIT B UPHAM ST ABANDONMENT CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO, CA DRAWING:RS DRAWN BY: MM DATE: 7/2009 i OF 2 pJ U3 c D �S �Dl a w C m z c- m CAP ItO ILLEGIBLE v AAO o om T O r m Z A m • • P Z,140 ° PARCEL X =750 SQ.FT. PARCEL Y =8 SQ.FT. /e\ LEGEND O - SET 518° REBAR LS 6192 N SET LEAD TACK &TAG LS 6192 0 - FD 112" REBAR LS 4819 UNLESS OTHERWISE NOTED R1 - 371PM159 TPOB -TRUE POINT OF BEGINNING 812 CIARION COURT SAN LUIS OMM, CA MM T=5444W, FMS4H1W FDL &T QP�Gp1A�� LS 4819 Sk-O 1 Z9.e5. S75a�B5j,E 4710, WESTERLYLINE PARCEL B 27861OR1550 SCALE 0 5 10 20 1 INCH = 10 FEET 0 A co h ti TPOB QP�o10Jg0 SLo EXHIBIT B CONTINUED UPHAM ST ABANDONMENT CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO, CA JOB NO.. 562 -01 DRAWINGAS DRAWN BY: MM DATE: 712009 2OF2 • o RESOLUTION NO. 10104 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2949 (1302 & 1314 PALM STREET) WHEREAS, the City Council made certain findings concerning Tract 2949, as prescribed in Resolution No. 9930 (2007 Series); and WHEREAS, the City Council approved the final map for Tract 2949 per Resolution No. 9930 (2007 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2949, in accordance with City standards, specifications and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City; and WHEREAS, the subdivider has satisfactorily completed the private improvements for Tract 2949, in accordance with City standards, specifications and the approved plans, and has requested that the city certify completion of these private improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby accepts the public improvements and certifies completion of the private improvements for Tract No. 2949. SECTION 2. The surety guaranteeing the workmanship and materials may be released by the Public Works Director upon the successful completion of the 12 month warranty time period from this date of acceptance. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None R 10104 Resolution No. 10104 (2009 enes) Page 2 The foregoing resolution was adopted this 21 st day of July 2009. Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: J ath . Lowell City ttomey • RESOLUTION NO. 10103 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2949 (1302 and 1314 Palm) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 2949, as prescribed in Resolution No. 9930 (2007 Series); and WHEREAS, the subdivider has completed all required subdivision improvements or submitted surety bonds to guarantee installation of the required subdivision improvements as shown on the approved plans, and all fees have been received; and WHEREAS, all conditions required per said Resolution No. 9930 (2007 Series) have been met prior to final recordation of the map. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The final map for Tract No. 2949, as shown on the attached Exhibit "A" is found to be in substantial compliance with the tentative map. SECTION 2. Approval of the final map is hereby granted. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 21 st day of July 2009. Mayor David F. Romero ATTEST: �a] Elaina Cano Interim City Clerk APPROVED AS TO FORM: Jon . Lowell City Attorney R 10103 Q 3 O D 17 Z =�a A # ilia p c as i 3 D# P 8 m 9 3 } Oa z E a s4 M yJ nwn p .j 3F yl s i n le R (p Jf ftl b G His a 1 fB; N=2 Y OJ EA'2 m mil @ o tI g.�tl� p F/�F� pr: al a Gs•l r N n3_ 2 V W U '(iz • t Z D. .N Eb'b� �Y' I I F b t Ow cri 5 6 �i pa ` S�p aD� at b f�� tbbn E a � 1 Q H O z r # b 5 b s p2 p 6� � 5 � Y � �a 5 b ° at �d 8 F P 3 � V �g S . tl h = fi3 x @g � n� w g ti 8 � � 7s -- !oil D � d c gp Ilia s4 M yJ nwn p .j 3F yl s i n le R (p Jf ftl b G His a 1 fB; N=2 Y OJ EA'2 m mil @ o tI g.�tl� p F/�F� pr: al a Gs•l r N n3_ 2 V W U '(iz • t Z D. .N Eb'b� �Y' I I F b t Ow cri 5 6 �i pa ` S�p aD� at b f�� tbbn E a � 1 Q H O z r # b 5 b s p2 p 6� � 5 � Y � �a 5 b ° at �d 8 F P 3 � V �g S . tl h = fi3 x @g � n� w g ti 8 � � C �y CExhibit "A"7 GAi Q:-0 "s r $ mFay 2 IS 51! \\ I €# nva adds STREET 2L . s- i I &E F W W ? aUN } & ?i a N:0 Bg r �6y Z W W?iggyopopggs� W W;: m i FZFZ'=sg`�a Jo. .. d @b C C c 0 �6p�'�Q F 41Z 0eb2.! a r $ mFay 2 IS 51! \\ I €# nva adds STREET 2L . s- i I • • RESOLUTION NO. 10102 (2009 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN INCREASE OF THE PARKING FINE FOR VIOLATION OF SAN LUIS OBISPO MUNICIPAL CODE SECTION 10.52.050 (EXPIRED METER) AND INCREASED PARKING STRUCTURE RATES. WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees and surcharges; and WHEREAS, State law authorizes the City to recover administrative fees, parking penalties, fees and collection costs related to civil debt collection, late penalties and other related charges; and WHEREAS, the parking program needs to continue to be self- sufficient for its financial commitments; and WHEREAS, the City wishes to provide secure and user friendly parking for all users of the parking structures; and WHEREAS, the City needs to financially support the operation and debt service of the next City parking structure; and WHEREAS, the Council has considered the staff report and considered the proposed changes to the parking structure rates and hours and monthly and daily fees for parking at a public meeting. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The parking fine for an expired meter violation, San Luis Obispo Municipal Code Section 10.52.050 (Unlawful to allow vehicle to remain parked after expiration of time), shall be $30, effective August 1, 2009. SECTION 2. All hourly parking structure rates will be increased to $1 an hour, effective July 1, 2010. Upon motion of Council Member Carter, seconded by Vice Mayor Settle and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Mayor Romero NOES: Vice Mayor Settle ABSENT: None R 10102 Resolution No. 10102 (2009 ries) Page 2 The foregoing resolution was adopted this 7th day of July, 2009. Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: Jo P.. Lowell City Attorney • • RESOLUTION NO. 10101 (2009 Series) A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused them to make painful budget cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990s the state government of California has seized over $10 billion of city property tax revenues statewide, now amounting to over $900 million each year, to fund the state budget even after deducting public safety program payments to cities by the state; and WHEREAS, in his proposed FY 2009 -10 budget the Governor has proposed transferring $1 billion of local gas taxes and weight fees to the state general fund to balance the state budget, and over $700 million in local gas taxes permanently in future years, immediately jeopardizing the ability of the City to maintain the City's streets, bridges, traffic signals, streetlights, sidewalks and related traffic safety facilities for the use of the motoring public; and WHEREAS, the loss of almost all of the City's gas tax funds will seriously compromise the City's ability to perform critical traffic safety related street maintenance, including, but not limited to, drastically curtailing patching, resurfacing, street lighting/traffic signal maintenance, payment of electricity costs for street lights and signals, bridge maintenance and repair, sidewalk and curb ramp maintenance and repair, and more; and WHEREAS, some cities report to the League of California Cities that they will be forced to eliminate part or all of their street maintenance operations while others will be forced to cut back in other areas (including public safety staffing levels) to use city general funds for basic street repair and maintenance. Furthermore, cities expect that liability damage awards will mount as basic maintenance is ignored and traffic accidents, injuries and deaths increase; and WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998 the voters of our state overwhelmingly imposed restriction on the state's ability to do what the Governor has proposed, and any effort to permanently divert the local share of the gas tax would violate the state constitution and the will of the voters; and WHEREAS, cities and counties maintain 81% of the state road network while the state directly maintains just 8 %; and R 10101 Resolution No. 10101 (2009 S1'ries) • Page 2 WHEREAS, ongoing street maintenance is a significant public safety concern. A city's failure to maintain its street pavement (potholes filling, sealing, overlays, etc.), traffic signals, signs, and street lights has a direct correlation to traffic accidents, injuries and deaths; and WHEREAS, according to a recent statewide needs assessment (California Statewide Local Streets and Roads Needs Assessment, Nichols Consulting Engineers, Chtd. (2008), sponsored by the League of California Cities, California State Association of Counties and County Engineers Association of California) on a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index is 68, or "at risk." Local streets and roads will fall to "poor" condition (score of 48) by 2033 based on existing funding levels available to cities and counties. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City Attorney take all necessary steps to cooperate with the League of California Cities, other cities and counties in supporting litigation against the state of California if the legislature enacts and the governor signs into law legislation that unconstitutionally diverts the City's share of funding from the Highway Users Tax Account (HUTA), also known as the "gas tax," to fund the state general fund; and BE IT FURTHER RESOLVED that the City staff shall send this resolution, with an accompanying letter from the Mayor, to the Governor and to state legislators, informing them of the City's adamant resolve to oppose any effort to frustrate the will of the electorate as expressed in Proposition 5 (1974) and Proposition 8 (1998) concerning the proper use and allocation of the gas tax; and BE IT FURTHER RESOLVED that a copy of this Resolution shall be sent by City staff to the League of California Cities, the local Chamber of Commerce, and other community groups whose members are affected by this proposal to create unsafe conditions on the streets of our City for pedestrians, bicyclists and motorists. Upon motion of Council Member Carter, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None Resolution No. 10101 (20090iies) • Page 3 The foregoing resolution was adopted this 7th day of July, 2009. �. ATTEST: 4�L 19.4 Elaina Cano Interim City Clerk APPROVED AS TO FORM: Jona_ Lowell City Attorney