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HomeMy WebLinkAbout10141-10155RESOLUTION NO. 10155 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO TO INCREASE EDUCATION AND ENFORCEMENT PROGRAMS FOCUSING ON REGULATING RETAIL ALCOHOL OUTLETS WITH GRANT FUNDING PROVIDED THROUGH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL WHEREAS, the San Luis Obispo Police Department through the City of San Luis Obispo desires to undertake programs to increase education and enforcement to focus on regulating retail alcohol outlets in the community; and WHEREAS, grant funds are available through the Grant Assistance Program (GAP) administered by the Department of Alcoholic Beverage Control (ABC). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City Manager of the City of San Luis Obispo is authorized to execute all grant related documents including the State of California Standard Agreement contract, any extensions or amendments thereof, and any subsequent contract with the State in relation thereto. IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and-ABC disclaim responsibility for any such liability. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. IT IS ALSO AGREED that this award is not subject to local hiring freezes. Upon motion of Council Member Settle, seconded by Vice Mayor Carter, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None R 10155 Resolution No. 10155 (201 Series) Page 2 The foregoing resolution was adopted this 16`h day of March 2010. Mayorb�avid F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: Dietrick City Attorney RESOLUTION NO. 10153 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERTY LOCATED AT 116 CHORRO STREET TO THE MASTER LIST OF HISTORIC RESOURCES AND REMOVING IT FROM THE CONTRIBUTING PROPERTIES LIST, CHC 118 -09 WHEREAS, applicants Bob and Andrea Kamm, on November 3, 2009, submitted an application to add their Contributing residence to the Master List of Historic Resources; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo at a public hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo, California, on January 25, 2010, recommended the Council add the property located at 116 Chorro Street to the Master List of Historic Resources; and WHEREAS, the City Council conducted a public hearing on March 2, 2010, for the purpose of considering adding the property located at 116 Chorro Street to the Master List of Historic Resources and removing it from the Contributing Properties List (CHC 118 -09); and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicants, interested parties, the records of the Cultural Heritage Committee hearing, 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. The Council makes the following findings of consistency with Historic Preservation Program Guidelines eligibility criteria for Master List Historic Resources: 1. The house is eligible for the Master List of Historic Resources because it is a good example of French Provincial and Normandy styles. 2. The house is eligible for the Master List of Historic Resources because it was built in 1930 and is relatively old in the context of Anglo- American history in San Luis Obispo. 3. The house is eligible for the Master List of Historic Resources because it is in a highly visible location on Chorro Street and stands as a good example of revival architecture popular in the 1930s. The house is compatible with neighboring structures in the Anholm Tract that are also examples of revival architecture. 4. The house is associated with individuals who helped shape San Luis Obispo's history because notable past residents have made significant contributions to the City through their association with business development. Resolution No. 10153 (20�) Series Page 2 SECTION 2. Action. The Council of the City of San Luis Obispo does hereby add the property located at 116 Chorro Street to the Master List of Historic Resources as the historic "Michael C. Halpin House" and remove it from the Contributing Properties List. SECTION 3. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. Upon motion of Council Member Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of March 2010. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: Christine Dietrick L14ity Attorney C1 C RESOLUTION NO. 10152 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2010 CDBG PROGRAM, REALLOCATING $35,000 OF 2009 CDBG FUNDING; AND REALLOCATING $180,000 FROM THE AFFORDABLE HOUSING FUND FOR PROPERTY ACQUISITION ON 3592 AND 3594 BROAD STREET WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and Paso Robles and the County of San Luis Obispo; and WHEREAS, said cities and County cooperatively administer several federal grant programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo City Council on July 13, 1999 and as amended on September 7, 1999, and under applicable U.S. Department of Housing and Urban Development Department (HUD) rules; and WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and HUD rules, the City Council held a public hearing on March 2, 2010, to consider funding recommendations by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and the use of such funds; and WHEREAS, the Council has considered applications for Community Development Block Grant (CDBG) funds, public testimony, the Urban County's proposed One -Year Action Plan, the HRC and staff recommendations included in the agenda report; and WHEREAS, the Council has also considered previous years' CDBG funding allocations and determined that amendments are necessary to re- allocate unused funds from the Anderson Hotel window replacement project to projects with a more immediate need, including elevator repair at the Anderson Hotel; and WHEREAS, the Council normally considers Affordable Housing Fund awards at the same time as the CDBG program; and WHEREAS, the First -Time Homebuyers Program (FTHB) is no longer funded through the HOME program and the City has allocated $205,000 from the Affordable Housing Fund to be used for down payment assistance through the FTHB. These funds are now available to support property acquisition for affordable rental housing located on 3592 Broad Street and 3594 Broad Street, as proposed by Transitions Mental Health Association. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Council hereby determines that the proposed funding actions are not "projects" as defined by Section 21065 of the California R 10152 I O Resolution No. 10152 (2010 Series) Page 2 Environmental Quality Act (CEQA), since they will not cause a direct or indirect physical change in the environment and do not involve the issuance of a lease, permit, license, certificate or other entitlement. Consequently, no further CEQA review is necessary. SECTION 2. 2010 Community Development Block Grant Program. The City's 2010 Community Development Block Grant Program is hereby approved, as shown in Exhibit A. The City Manager is authorized to approve final dollar amounts once HUD releases allocations with the direction to make up differences in the two amounts with funding for the 313 South Street, Property Acquisition project. SECTION 3. Community Development Block Grant Program Amendments. The 2009 CDBG Program is hereby amended to reallocate $25,250 from the Anderson Hotel Window Replacement project to the Anderson Hotel Elevator Repair project, and to reallocate the remaining $9,750 from the Anderson Hotel Window Replacement Project to the 313 South Street Property Acquisition project. SECTION 4. Board of Supervisors Consideration. The Council hereby forwards the above actions to the San Luis Obispo County Board of Supervisors for consideration prior to the Board's final action on the Urban County's 2010 Consolidated Plan. SECTION 6. City Manager Authori ty. The City Manager is authorized to act on behalf of the City in executing grant agreements and other actions necessary to implement the approved Consolidated Plan and CDBG Program, including minor revisions to funding amounts for the 2010 CDBG Program if the City's actual CDBG allocation is different than expected. SECTION 7. Affordable Housing Fund Reallocation. The Council does hereby discontinue funding for the First -Time Homebuyer Program, which is currently allocated $205,000 of from the Affordable Housing Fund, and authorizes the use of $180,000 from the Affordable Housing Fund to acquire two, one - bedroom units located on 3592 Broad Street and 3594 Broad Street for the purpose of affordable housing for very-low income residents, with the following guidelines: 1. The total purchase price of the properties shall not exceed $271,800, to be paid with a combination of HOME Funds ($98,855) and Affordable Housing Funds ($172,945). 2. The remaining balance of Affordable Housing Funds shall only be used if necessary for contingency purposes to cover unexpected expenses associated with temporary ownership of the unit, to the approval of the Community Development Director. 3. The City Manager is authorized to act on behalf of the City in executing purchase agreements and accepting deeds in conjunction with this real property acquisition. 4. As provided for in the approved 2010 CDBG program, City staff is directed to work with Transitions Mental Health Association to facilitate their management and operation of the units until they are able to complete their acquisition as planned to occur in October 2010. Resolution No. 10152 (20 Series) Page 3 Upon motion of Council Member Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of March 2010. ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: Dietrick City Attorney Mayor David F. Romero N r l0 U M Q Q C 0 Y V 0 m r C m Q. O m C 3 E O U O r O N l i d U c m O O f`6 a C ns G? d L N N N N N E O t 0 c C O O lE N c v LL ° m m C C N d � O m _ pp U N O -p :5 u R c 64 U Q O ° r G o .. N U C ` N � N O O d U y E a `�° c w m o o 1 0 a °x C7 0 0 1° c U c L m c o LL 'a m W E C C N C N > N CL C L Lu F� O e- N 6 O r O O O O O M O) N M Nr O It O O O O O to O N w Lo I- ' ' N O N O) ' ' ' ' O ' r ' Lo M CD N C to M EA 'a' 'i O O ED l0 0 Vf of Cn tO EO N C7 co r N O END LO U9 U3 . ` m C� co O 0 L cc 01 3 O O Of s0 Z O CD 0 O � co C 3 LO O) O LL � Off C) Z v r to O O O tO M m N p .•. N G' O' N LLO CO ON)_ m r m w to v O O Of In O N N C O N O EA r-_ M o 0 r*- LO N W U 2 V (n r.- O O O 0000 O 00 O C7 O) N N E) LO O O O O 0000 O 00 O LO O N ED C I� O) cc co O N 00 O O Lo rr Ln c") O) N y v O O O Or-: W to O L 1� O, 'cr U) r CD LO O •- ^ ^� N N Nco r � r co O O o 2 CD c L .-. 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N U C ` N � N O O d U y E a `�° c w m o o 1 0 a °x C7 0 0 1° c U c L m c o LL 'a m W E C C N C N > N CL C L Lu F� O e- N 6 l� 0 RESOLUTION NO. 10151 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S MASTER FEE SCHEDULE FOR COMMEMORATIVE TREE PLANTING FEES WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve adopted cost recovery goals; and WHEREAS, in accordance with this policy the Council has adopted a master fee schedule based on a comprehensive analysis of service costs and the City's cost recovery policy; and WHEREAS, the Council considered amendments to the master fee schedule at a public meeting on February 2, 2010 based on a detailed analysis of costs and funding requirements to meet adopted cost recovery goals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City's master fee schedule is hereby amended to set the fee for participants in the commemorative tree planting program at $410 per tree. Additionally, the City Public Works Department will initiate a new Commemorative Tree plaque program for public street trees in the Downtown area for a fee of $250.00. Upon motion of Council Member Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: Council Member Marx The foregoing resolution was adopted on the 2 day of February 2010. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO d. Christine Dietrick City Attorney R 10151 O RESOLUTION NO: 10150 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Program, setting up necessary procedures governing the Application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete the grant scope project; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby approves the filing of an application for the Santa Rosa Park Skate Park, and 1. Certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and 2. Certifies that the applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope; and 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. R 10150 ID Resolution No. 10150 (20f O'Series) Page 2 Upon motion of Council Member Settle, seconded by Vice Mayor Carter, and on the following vote: AYES: Council Members Ashbaugh and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: Council Member Marx The foregoing resolution was adopted this 2nd day of February 2010. ATTEST: S Elaina Cano City Clerk APPROVED AS TO FORM: J. Attorney XTayor David F. Romero RESOLUTION NO. 10149 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 WHEREAS, California voters repeatedly and overwhelmingly have passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to funding of transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police, fire, and emergency response services, parks, libraries, and other vital local services upon which residents rely every day; and WHEREAS, gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds, have lead to severe consequences across the State, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, a coalition of local government; transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the Constitution to further prevent State actions that result in seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. 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 formally endorses the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, a proposed constitutional amendment. R 10149 Resolution No. 10149 (201u Series) Page 2 SECTION 2. The City Council hereby authorizes the listing of the City of San Luis Obispo in support of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 and directs the City Clerk to fax a copy of this resolution to campaign offices at 916.442.3510. Upon motion of Council Member Settle, seconded by Vice Mayor Carter, and on the following vote: AYES: Council Members Ashbaugh and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: Council Member Marx The foregoing resolution was adopted this 2nd day of February 2010. ar- S � Mw ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: Y Christine D City Attorney trey of s Luis OBISPO 990 Palm Street, San Luis Obispo, CA 93401 -3249 EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �` Telecommunications Device for the Deaf (865) 781 -7410. # of pages — 3 including cover sheet To: Campaign Offices From: City of San Luis Obispo Co.: Office of the City Clerk Sue Chippendale Fax #: (916) 442 -3510 (805) 781 -7174 EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �` Telecommunications Device for the Deaf (865) 781 -7410. 02/09/2010 08:52 FAX �,I * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** ACTIVITY REPORT * ** ST. TIME DESTINATION NUMBER DESTINATION ID NO. MODE PGS.j RESULT *12/08 09:49 8057813025 5003 AUTO RX ECM 3 OK 00'46 *12/08 10:27 919093922703 0001 TRANSMIT ECM 2 OK 00'28 *12/08 10:44 918057817109 0002 TRANSMIT ECM 1 OK 00'12 *12/16 17:33 8316488241 5004 AUTO RX ECM 1 OK 00'16 *12/17 13:45 95440858 0003 TRANSMIT ECM 1 OK 00'16 *12/18 09:52 918474464280 0005 TRANSMIT ECM 1 OK 00'28 *12/18 09:53 98474464280 0004 TRANSMIT 0 NG 00'00 0 STOP *12/29 08:41 805 +238 +6856 5005 AUTO RX ECM 2 OK 00'39 *01/06 15:51 8057813025 5006 AUTO RX ECM 2 OK 00'37 *01/07 15:44 95440858 0006 TRANSMIT ECM 1 OK 00'16 *01/11 15:39 95440858 0007 TRANSMIT ECM 1 OK 00'16 *01/18 16:17 5007 AUTO RX G3 0 NG 00'49 0 #005 *01/21 17:17 919163223711 0008 TRANSMIT ECM 1 OK 00'19 *01/26 12:13 915102844061 0009 TRANSMIT ECM 1 OK 00'19 *01/29 14:47 917149399870 0010 TRANSMIT ECM 2 OK 00'26 *02/01 16:37 805 543 4295 5008 AUTO RX ECM 2 OK 01'01 02/04 08:48 8057813025 5009 AUTO RX ECM 3 OK 00'47 02/05 12:09 5010 AUTO RX ECM 1 OK 00'44 02/05 12:12 5011 AUTO RX ECM 1 OK 00'44 02/09 08:50 919164423510 0012 TRANSMIT ECM 310K 00'57 RESOLUTION NO. 10148 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE LEAD COLLABORATIVE ENTITY TO APPLY FOR FUNDS ON BEHALF OF THE CITY OF SAN LUIS OBISPO WHEREAS, the City of San Luis Obispo recognizes that it is in the interest of the regional, state, and national economy to stimulate the economy; create and retain jobs; reduce fossil fuel emissions; and reduce total energy usage and improve energy efficiency within our jurisdiction; and WHEREAS, State Energy Program (SEP) funds are available through the California Energy Commission's SEP for grants to eligible local governments for energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by the American Recovery and Reinvestment Act of 2009 (ARRA); and WHEREAS, SEP allows for cities, counties, or groups of cities and counties in California to apply for SEP funds on behalf of eligible local governments; and WHEREAS, the City of San Luis Obispo is eligible for SEP funding under the California Energy Commission's SEP; and WHEREAS, the City of San Luis Obispo is proposing to collaborate with Sacramento County to implement a program for financing the energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA, which program is described in Exhibit A for the purpose of qualifying for SEP funds from the California Energy Commission; and WHEREAS, the City of San Luis Obispo has considered the application of the California Environmental Quality Act (CEQA) to the approval of the program for financing energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that in compliance with CEQA, the City of San Luis Obispo finds that the approval of the program for financing energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit A is not a "project" under CEQA, because the program does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)). BE IT FURTHER RESOLVED, that the City of San Luis Obispo authorizes Sacramento County to submit a collaborative application on its behalf to the California Energy Commission for up to $16,500,000 in SEP funds for the program for financing energy efficiency, R 10148 Resolution No. 10148 (201 Series) 1 1 �� Page 2 energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit A. BE IT FURTHER RESOLVED, if recommended for funding by the California Energy Commission, the City of San Luis Obispo authorizes Sacramento County to accept a grant award on its behalf and to enter into all necessary contracts and agreements, and amendments thereto, on its behalf to implement and carry out the program for financing the project/s described in Exhibit A. Upon motion of Council Member Settle, seconded by Vice Mayor Carter, and on the following vote: AYES: Council Members Ashbaugh and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: Marx The foregoing resolution was adopted on the 2 "d day of February 2010. Mayor avid F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: ;i J. Christine Dietrick City Attorney o EXHIBIT A California Energy Commission State Energy Program CalifomiaFIRST Collaborative Proposal Summary of Proposal Scope & Budget Framework Description of Program Proposal Under the lead applicant, Sacramento County, the 14 counties eligible to participate in the pilot stage of the CalifomiaFIRST Program are collaborating on a proposal to the California Energy Commission State Energy Program for a grant of up to $16.5 million. The grant funds will be used to offset initial fees associated with bond issuance, start-up costs for the 14 counties and all incorporated cities, an interest rate buy -down, local marketing /education/training/outreach, local coordination, and grant administration to support the launch of the CaliforniaFIRST municipal financing program. CaliforniaFIRST Program County Participants and Proposal Collaborators ✓ Alameda ✓ Sacramento ✓ San Mateo ✓ Ventura ✓ Fresno ✓ San Benito ✓ Santa Clara ✓ Yolo ✓ Kern ✓ San Diego ✓ Santa Cruz ✓ Monterey ✓ San Luis Obispo ✓ Solano Budget Basics 1. CaliforniaFIRST financing costs and fees ( —$6M) Guided by California Communities and the CalifomiaFIRST Program Administrator Renewable Funding, this program element will: • buy -down the interest rate on the initial round(s) of projects financed by the CalifomiaFIRST Program, • cover fixed costs associated with initial bond counsel, bond disclosure, fiscal agent and bond rating, • cover legal and validation costs, and • cover the deployment of technology (web portal) to support local programs. 2. Grant/Contract Administration & Steering Committee Liaison: (— $2.0NI) On behalf of the applicant agency, grant/contractor administration duties include gathering relevant reporting information from all partner jurisdictions and CaliforniaFIRST, financial oversight and invoicing, contract administration, tracking, monitoring, and oversight of deliverables. In addition, the grant administrator will serve as the partner liaison between all participating steering committees to maintain coordination and consistency on the local marketing efforts between parties as well as provide marketing and contract technical assistance, training, and advice to participating agencies. The Grant Administrator will also coordinate local efforts with those programs funded under the California Comprehensive Residential Building Retrofit Program. 6.111.119 3. Regional Program Coordination & Marketing: (— $8.5M) In line with the overall project goals, funding has.been budgeted on a regional basis to each of the six primary program regions in the following amounts, based on total number of Counties: • Capitol Region (Sacramento/Yolo): $1,800,000 • Central Valley Region (Fresno /Kern): $1,150,000 • Bay Area Region: (Alameda/San Mateo /Santa Clara/Solano): $2,300,000 • North Central Coast Region: (Monterey /Santa Cruz/San Benito): $1,725,000 • South Central Coast Region: (Ventura/San Luis Obispo): $1,150,000 • Southern California Region: (San Diego): $575,000 This final program element serves to provide each region with the resources necessary to help facilitate the rapid adoption of energy efficiency and renewable energy generation system installations throughout the target area by connecting property owners to any and all available on- the- ground or proposed resources, and services, providing a streamlined framework for easy navigation, reduced out -of- pocket expenses, and overall increased cost effectiveness for both participants and the program overall. The focus of the program will be to create region -wide (or county-wide, where appropriate) cooperative project design, implementation, marketing, and coordination to maximize economies of scale, take advantage of overlapping markets, and ultimately allow each dollar to go further to benefit all parties. Financing Costs and Fees A. Financing Costs As Program Administrator of the California Communities CaliforniaFIRST Program, Renewable Funding will coordinate and provide program administration, financing, and legal services to support a robust statewide municipal financing program. Specific financing costs are concentrated at the start of the program and result in increased fees to a program participant, and therefore a higher effective interest rate. In order to lower the interest rate, the SE P funds will be used to cover bond disclosure counsel, bond rating fees, and a bond fiscal agent. In addition, a direct interest rate buy -down will be employed to achieve a bond rate that is equivalent to an A- rated bond, which is likely to be the bond rating later in the program. B. Set -up Fees A funding request equivalent to the city and county set -up fees will be included in the proposal. The costs for initial legal work and validation proceedings will be covered by this request. Additionally, the costs of establishing county web portals, importing local assessor's data, and maintaining the website will be part of this funding request. 0 o EXHIBIT A Suggested Maior Marketing Program Coordination & Marketing Program Elements A. Agency Coordination / Steering Committee Participation In recognition of the additional coordination time required to get new programs off the ground, individual counties may elect to include a.modest amount of staff time for agency representatives to participate in the program steering committee and other activities to drive marketing program design, educational/marketing material development, form and protocol development, etc. By investing this time at the onset, we are able to develop a self - sustaining program for the long term. County agencies (that is, auditor /tax collector /controller) will receive a small percentage, incorporated into each loan, to cover regular ongoing program administration costs associated with maintaining the tax roll and collecting annual assessments in years beyond the grant term. Some jurisdictions may instead wish to contribute this time as project leveraged funds /resources to increase overall program cost effectiveness based on their individual needs and resources. Regional partnership may also elect to use a portion of the resources from this program element toward informal or formalized staff/personnel training within their jurisdictions. B. Education/Outreach/ Marketing Successful program adoption requires thoughtful design, convenient procedures, and a robust program education component to encourage and energize program participation. Achieving this goal, the project team will create clear, consistent, and thematic program branding imagery, educational and recruitment tools such as program brochures. The program will be supported by the CaliforniaFIRST web portal and links to new and existing partner and complementary websites, frequently asked questions, applications, and /or other program materials. In addition, the project will engage a wide - stretching network of partners to promote, recruit, and disseminate program information utilizing existing mechanisms of door -to -door outreach, community event tabling, workshops and presentations, or other appropriate energy efficiency and complementary program participation activities. Major elements might include: • Outreach Promotional Materials: Brochures, Door - hangers, Postcard Mailers, Bill Inserts, etc. • Program Marketing Advertisements: Print Ads, Radio/TV Ads, PSA Production • Promotional Outreach Events, Trade Shows or Community Workshops • Homeowner/Business/Contractor/Staff Training Seminars o Sustainability Site Signage • Green Building and/or LEED Certification Technical Assistance C. Community Coordinator / Partner Liaison / Supplies The community coordinator is envisioned to serve as the single point regional program coordinator to unify, inform, collaborate, and engage all program parties in relation to local coordination and marketing efforts; respond to public inquiries; facilitate the education, outreach, marketing, recruitment; and promote program adoption by the target community. In addition the coordinator is responsible for coordinating with the grant administrator, tracking/reporting necessary progress and metrics, meeting/exceeding grant milestones and targets, incorporating required complementary program components, and working with CaliforniaFIRST to assure N C EXHIBIT A QA/QC measures are applied to all participating properties. Specific tasks will be driven by the overall project goals as well as the specific needs of each region and may include: • Coordination with Grant Administrator /Steering Committee Liaison • Marketing Coordination with CaliforniaFIRST Municipal Finance District • Facilitation of local Regional Steering Committee Members and Partners • Assist with Implementation Strategy, Documents, Procedures & Protocols Development • Guide Promotion, Marketing, Education, Recruitment & Program Information Dissemination • Link Program Participants to Regional Energy Efficiency & Complementary Programs • Connect to Concurrent Complementary Workforce Development Training/Graduates • Administer Regional Program Budget, Competitive Bidding, Other Program Transparency Reqs • Track and/or compile, Monitor & Evaluate Program Progress, Energy Savings, GHG Reductions Achieved, Partner Leveraged Funds and Ancillary Environmental Benefits Sample County Budget A sample budget based on the above framework is provided below. Please note that these amounts are subject to change based on the actual needs of each participating jurisdiction as well as feedback obtained regarding funder and partner thresholds for competitiveness. Component % Overall Gross Benefit Per County Net Benefit Per County 1.CaliforniaFIRST Costs & Fees 39% $ 428;571.43 - 2. Grant Administration & Technical Assistance 10% $ 107,142.86 - 3A.Steering Advisory Committee 10% $ 115,000.00 $ 115,000.00 3B. Education, Outreach, Incentives, Marketing 23% $ 258,750900 $ 258,750.00 3C. Community Coordination 18% $ 201,250.00 $ 201,250.00 Total 100% $1,110,714.29 S 5 75, 000. 00 Grant Development Team: • County of Sacramento Lead Agency (Applicant), will oversee grant writing, provide final edits and required signatures, and submit finalized proposal on behalf of entire collaborative team based on the approved proposed program scope and budget framework • Ecology Action — Partner Grant Writer (Lead on Marketing), will develop narrative based on proposed program scope and budget framework, especially as it pertains to local coordination and marketing project administration, marketing/contract technical assistance, regional coordination, and marketing, to meet all grant requirements and maximize proposal competiveness. • Renewable Funding — Partner Grant Writer (Lead on Finance), will develop narrative based on proposed program scope and budget framework, especially for CaliforniaFIRST Program finance - related program elements, to meet all grant requirements and maximize proposal competiveness. RESOLUTION NO. 10147 (2010 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AN UPDATED HOUSING ELEMENT OF THE GENERAL PLAN WHEREAS, State law requires cities and counties to adopt a general plan. The general plan includes seven required elements, one of which is the housing element. The housing element must be updated every five (5) years or as otherwise provided by State law; and WHEREAS, the City of San Luis Obispo has prepared an updated Draft General Plan Housing Element to address community wide housing needs, challenges and opportunities, and to meet State law; and WHEREAS, the Planning Commission and the City Council have held public hearings on the updated Housing Element in accordance with the California Government Code; and WHEREAS, the City Council has considered the input of diverse community interests and housing stakeholders in the preparation of the updated Housing Element to identify community needs and to recommend housing policies and programs; and WHEREAS, the potential environmental impacts of the updated Housing Element have been evaluated in accordance with the California Environmental Quality Act pursuant to an initial environmental study (City File Number ER 120 -08), and the Community Development Director has granted a negative declaration of environmental impact; and WHEREAS, the Planning Commission recommends the City Council approve the negative declaration of environmental impact and the updated Housing Element, and WHEREAS, by a separate resolution the City Council found that there is no evidence from which it can be fairly argued that the project will have a significant, adverse effect on the environment, and consequently certified and approved the negative declaration of environmental impact for the Updated Housing Element. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Record of Proceedings. The City Council has received and considered the Planning Commission recommendations, public testimony and correspondence, and the staff reports on the Housing Element Update. Copies of these items or testimony are on file in the office of the City Clerk and in the Community Development Department. The Planning Commission held seven public hearings to consider the Housing Element Update and related matters. The Human Relations Commission held two public hearings and the Airport Land Use Commission held one public hearing to consider the Housing Element Update and related matters. In addition, staff conducted three public workshops and attended numerous meetings with stakeholder groups to consider the Update and related matters. The minutes of those R 10147 Resolution No. 10147 (201 u Series) Page 2 hearings indicate Commission member comments on the Housing Element Update and are on file in the office of the City Clerk. SECTION 2. Public and Agency Review. Drafts of the proposed Housing Element Update have been made widely available for review and comment by interested agencies and individuals. Copies were posted on the City's website and were distributed to the San Luis Obispo City- County Library and to the California State Department of Housing and Community Development ( "HCD ") as required by law, and to governmental and non -profit housing agencies whose jurisdiction includes housing issues within the San Luis Obispo Area. An email list of interested parties has been kept abreast of hearings, proposed changes and updates to the Housing Element in addition to distribution required by law. SECTION 3. Findings. This Council, after considering the 2009 Final Draft Housing Element, the Planning Commission's recommendations, staff recommendations, public testimony and correspondence, and reports thereon, makes the following findings: 1. The Housing Element Update, as contained in the document titled "Council Hearing Draft General Plan Housing Element ", dated November 2009, Exhibit "A" on file in the Community Development Department (hereinafter "the Update "), is consistent with all elements of the General Plan. 2. The Update will promote public health, safety, and welfare by: preserving housing that is affordable to extremely -low, very-low, low- and moderate income households; encouraging variety in housing types, sizes, cost, and tenure; establishing programs to ensure that most new development incorporates affordable housing, pays an "in- lieu" fee toward the development of affordable housing, or otherwise contributes to the production of affordable housing; establishing incentives to encourage and help defray the costs of affordable housing development; affirmatively furthering fair housing opportunities; and by setting quantified objectives for housing production, rehabilitation, preservation and conservation. 3. Consistent with provisions of California Government Code Section 65583 (b)(2), San Luis Obispo has evaluated its ability to accommodate its Regional Housing Need Allocation (RHNA) number of 1,589 dwellings by July 2014 and has adopted quantified objectives that are the same as the RHNA number. There is sufficient land suitable for residential development to accommodate the RHNA number within the planning period. 4. The November 2009 Draft Housing Element was submitted to HCD for its review, as required by State law. The Update includes additional information and analysis in response to HCD comments. The Council has determined that the Update conforms to the statutory requirements of State housing element law (Article 10.6 of Government Code). 5. Council hereby finds that the Update will not operate to directly limit the total number of dwellings which may be constructed on an annual basis, since dwellings affordable to extremely -low, very-low, low -, and moderate income households, and dwellings constructed in the Downtown Core (C -D Zone), are exempt from Residential Growth Management Regulations. Resolution No. 10147 (209Series) 0 Page 3 SECTION 4. Approval of the 2009 Housing Element. Council hereby approves the 2009 Housing Element, as set forth in Exhibit A. SECTION 5. Publication and Availability. The Community Development Director shall cause the updated Housing Element to be published and provided to City officials, concerned agencies, public libraries, and to the public. The Director shall also transmit a copy of the Update to HCD for its final review, as required by State law. SECTION 6. Effective Date. The 2009 Housing Element shall become effective immediately upon adoption of this resolution. SECTION 7. Repeal of Previous Element. The Housing Element adopted March 30, 2004 and as subsequently amended, is repealed upon the effective date of the 2009 Housing Element. Upon motion of Council Member Settle, seconded by Vice Mayor Carter, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19th day of January, 2010. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: RESOLUTION NO. 10146 (2010 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AND CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE UPDATED HOUSING ELEMENT OF THE GENERAL PLAN WHEREAS, State law requires cities and counties to adopt a general plan. The general plan includes seven required elements, one of which is the housing element. The housing element must be updated every five (5) years or as otherwise provided by State law; and WHEREAS, the City of San Luis Obispo has prepared an updated Draft General Plan Housing Element to address community wide housing needs, challenges and opportunities, and to meet State law; and WHEREAS, the Planning Commission and the City Council have held public hearings on the updated Housing Element in accordance with the California Government Code; and WHEREAS, the potential environmental impacts of the updated Housing Element have been evaluated in accordance with the California Environmental Quality Act pursuant to an initial environmental study (City File Number ER 120 -08), and the Community Development Director has granted a negative declaration of environmental impact; and WHEREAS, the Planning Commission recommends the City Council approve the negative declaration of environmental impact and the updated Housing Element; and WHEREAS, The City Council has reviewed and considered the information contained in the initial study and the negative declaration for ER No. 120 -08 prepared for this Housing Element Update. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. This Council, as a result of its deliberations, Planning Commission recommendation, the initial environmental study, Exhibit A, and the evidence presented at hearings on this matter, determines that as required by the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, a negative declaration adequately addresses the potential environmental impacts of the Housing Element Update. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant, adverse effect on the environment, and hereby certifies and approves the negative declaration of environmental impact for the Updated Housing Element. SECTION 2. Effective Date. The approval and certification of the negative declaration of impact shall take effect immediately. R 10146 o Resolution No 10146 (2010 Series) Page 2 Upon motion of Council Member Settle, seconded by Vice Mayor Carter, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19'h day of January, 2010. i Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: �A 3 11 ������������ii�► I � iii I ► • INITIAL. STUDY ENVIRONMENTAL CHECKLIST FORM For ER # 120 -08 Project Title: General Plan Housing Element Update Lead Agency Name and Address: "Alp EXHIBIT Community Development Department City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Contact Person and Phone Number: Jeff Hook (805) 781 -7176 Project Location: Citywide; no specific address 5. Project Sponsor's Name and Address: Community Development Department City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 6. General Plan Designation: Project applies to all General Plan land -use designations. 7. Zoning: Project applies to all City zones. 8. Description of the Project: The project consists of the September 2009 Draft Housing Element Update, a five -year plan which explains the City's housing goals, policies, and programs. It updates the current Housing Element which was adopted in 2004. Once adopted, the Housing Element becomes part of the General Plan and will guide public and private decisions regarding housing, development review, land use, City budgets and capital improvement programs. The Draft includes policies and programs intended to increase housing opportunities for extremely low, very-low, low- and moderate - income households, while accommodating growth in a manner consistent with goals and policies contained in the Land Use Element and other elements of the General Plan. The content of housing elements is prescribed under state housing law, and this draft has been prepared to include the required sections and information. This draft update addresses changes in State housing law and in regional housing needs. State, regional and local housing costs, supply and needs have changed since 2004, as evidenced by current information on real estate prices, affordable housing, and the widening "gap" between rental and purchase housing costs and consumers' incomes. Although the update retains many of the same policies and programs in the 2004 Housing Element, there are also new policies and programs that address these changing conditions. Some of the 2004 Housing Element policies I I � and programs that were accomplished have been removed, as discussed in more detail in the body of this Initial Study. 9. Surrounding Land Uses and Settings: The City of San Luis Obispo is a community of about 44,000 persons, home to Cal Poly State University, and separated from other communities in the County by agricultural and open lands. it is the County seat and the County's largest incorporated city with about one -fifth of the County's total population. San Luis Obispo is a charter city and began as one of the chain of 21 missions founded by Spanish missionaries in the late 1700s. The City is the retail, employment, government and cultural center of the County, and is notable for the many scenic hillsides and `morros" that ring the City, and many creeks that wind through the community. The City is also noteworthy for the many historic homes and commercial buildings located downtown and in four other historic districts. 10. Project Entitlements Requested: General Plan Amendments approving the 2009 Housing Element. 11. Other public agencies whose approval is required: The Draft Housing Element Update must be referred to the California Department of Housing and Community Development for a determination of consistency with State housing law. Mffffia CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHEcKusT 2009 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. FISH AND GAME FEES Aesthetics X Geology /Soils Public Services Agricultural Resources Hazards & Hazardous Recreation Materials Air Quality Hydrology/Water Quality Transportation & Traffic Biological Resources Land Use and Planning Utilities and Service Systems Cultural Resources Noise Mandatory Findings of Significance Energy and M ineral Population and Housing 111-11 Resources FISH AND GAME FEES STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more X State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). CITY of SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 There is no evidence before the Department that the project will have any potential adverse effects on fish X and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more X State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). CITY of SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 0 0 OETERNUNATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on.the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is r aired. Caitlin Morici w' I "L/Vto Kim Murry, Deputy C&iulunity Development Director October 15, 2009 Date for John Mandeville, Community Development Director �1ANM CITY OF SAN Luis OBISpo 4 tNMAL STUDY ENVIRONMENTAL CHECKLIST 2009 • n EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. The explanation of each issue should identify the significance criteria or threshold, if any, used to evaluate each question. 3. "Potentially Significant Impact is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is [Wade, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant impact" to a "Less than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross- referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Code of Regulations. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. MWTY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 issues, Discussion and Supporting "Information Sources Sources . Potentiay Potentially Less Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant Impact FR # 120-08 Issues Unless Mitigation impact Incorporated 1. AESTHETICS. Would the I7 1 X 8 1 1 1 X 7,12 1 1 1 1 X a) Policies in the Draft Housing Element Update encourage the development of housing in urbanized areas and in expansion areas planned and phased to accommodate residential growth. It follows Land Use Element (LUE) policies in directing growth into those areas and sites that can accommodate residential development based on size, shape, topography, zoning and environmental suitability. New residential development would be guided by existing development standards regarding building height, creek and property line setbacks, and protection of important site and environmental features, such as historic features or buildings, rock outcroppings, open space, and heritage trees. Conservation and Open Space Element, policy 9.2.1 addresses views to and from public places, including scenic roadways. This policy guides the City towards actions that will preserve and improve views of important scenic resources from public places. When proposed projects may include impacts to scenic resources, these impacts are routinely identified in the associated environmental documents and mitigation measures, including increased setbacks are lower buildings heights, are required to reduce potential impacts to less than significant levels. b) New residential development may alter the visual settings of suburban and rural areas outside of the City's Urban Reserve. These areas primarily consist of major expansion areas and minor annexation areas that require either specific plans or development plans showing form, layout and integration of new buildings with the site. Growth management policies, including Land Use Element Policy 1.0.1, state that the City should manage its growth to protect the natural environment and air quality. New development is subject to environmental and architectural review„ particularly where a sensitive or historically significant resource may be affected. These review steps help ensure that individual projects are modified through required conditions of approval or mitigation measures, as necessary, to meet General Plan policies and Community Design Guidelines that require the protection of important viewsheds. c) The General Plan contains goals and policies that address the visual character and quality of new development. Within the Community Design Guidelines, General Principle 2.1, Site Design, states that each project should be designed with careful consideration of the site character and constraints and minimize changes to natural features rather than altering a site to accommodate a stock building plan. The Architectural Review Commission uses this policy, among others, to determine if new development is acceptable as proposed or needs modification. The Community Design Guidelines include other principles that require new development to be designed in a manner that is consistent with its surrounding structures and environment. The Architectural Review Commission (ARC) and the development review process ensure, through required project modifications, conditions of approval or mitigation measures, that development plans are consistent with visual character and quality guidelines prior to project approvals. d) To minimize potential light and glare impacts, residential development projects will be required to comply with all policies governing light and glare outlined in the City's Municipal Code. In 2009, the City's night sky ordinance was adopted regulating development to prevent new sources of visual glare and light pollution. Within the Conservation and Open Space Element, Policy 9.2.3 says that outdoor lighting shall avoid operating at unnecessary locations, level and times; spillage to areas not needing or wanting illumination; glare (intense line of sight contrast); and frequencies (colors) that interfere with astronomical viewing. Conclusion: No impact. The City's adopted policies, standards and guidelines in the Community Design Guidelines and the General Plan will avoid or mitigate the potential aesthetic impacts of new residential development to less than significant levels. CITY OF SAN Luis Osispo 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 issues, Discussion and Supporting Inior� mation Sources Sources Potenhha� Patomially Less nan No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant Impact .Unless hnpact ER # 120-08 Mitigation Mitigation Into orated z. AGRICULTURE 1,2 0.9 X i9 a) The City of San Luis Obispo is in the central portion of the County s coastal agricultural region. The City is, for the most part, urbanized with only a few small farms still engaged in agricultural production. Land Use Element Policy 1.8.1 calls for the preservation of economically viable agricultural operations and land, within the Urban Reserve and City limits. The Housing Element follows the General Plan Land Use Element (LUE) in terms of where housing should be developed and promotes compact urban form to reduce urban sprawl and loss of productive agricultural lands outside the Urban Reserve. Agricultural and Conservation/Open Space designated lands allow limited residential use at very low densities of one dwelling per five or more acres, which is only suitable for rural housing. The Draft Housing Element Update will not result in the conversion of prime or unique farmland or involve other changes that would lead to conversion of farmland to non- agricultural uses because it does not identify any new land that is subject to urbanization, iezoning from agricultural use to residential use or expansion of the City's Urban Reserve Line beyond that already anticipated in the General Plan. A residential development capacity inventory done in connection with the Housing Element Update identified approximately 146 acres of vacant or underutilized Interim Open Space within city limits, with a potential development capacity of 266 density units. This includes three properties: the 25 acre Sunset Drive -in property, and two parcels totaling about 1 I acres between Los Verdes Residential Condominiums and San Luis Obispo Creek (off Los Osos Valley Road) that were fanned in 2008. These parcels are located within a 100 -year flood zone and are not suitable for residential development until the flood hazard is mitigated without significant harm to San Luis Obispo Creek. Because this land is not yet suitable for residential development and provides open space benefits, it is considered a lower priority for development and is not included in the Draft Element's summary of residential development capacity. Development of Interim Open Space requires approval of a development plan or specific plan, showing how these flood hazards would be mitigated. b) The City has established an Agricultural land use designation (Ag) in its General Plan to help preserve important agricultural land No land within the current City limits is designated Ag. The General Plan has allocated sufficient land for urban uses to achieve the City's housing goals and meet the RHNA numbers without expanding the current Urban Reserve Line into agricultural lands in the unincorporated County area. Draft Housing Element Policy 6.14 states that the City will encourage residential development focused on infill development and densification within City Limits and designated expansion areas over new annexation of residential land to maximize housing potential in the City. c) No changes to land use or zoning designations on agricultural land or prime agricultural soils are anticipated with adoption of the draft Element. Conclusion: No impact. The Draft Housing Element prioritizes infill residential development and densifrcation within the existing City Limits. Agricultural resources will not be significantly impacted by development that is carried out in a manner consistent with the policies and programs contained in the Draft Housing Element. 13. AIR OUALITY. Would the aroiect: I 1,2,4 1 1 1 1 X 2,4 1 1 1 1 X X I Ii CITY OF SAN LUIS OBIsPo 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 C � Issues, Discussion and Supporting Information Sources sources Potm64 Potentially I= Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant Impact ER # 120-08 Issues Unless Impact Wtigation Incorporated a) The Draft Housing Element Update includes policies and programs to accommodate up to 1,589 in -city dwellings during the planning period from January 2009 to July 2015. Of these, 794 units will be affordable to extremely low, very low, low and moderate income households. As discussed under Housing and Population, Section 12, this level of growth is consistent with the residential growth anticipated in the General Plan Land Use Element and evaluated in the 1994 General Plan Land Use/Circulation final EIR. Based on added number of in city dwelling units and the average number of occupants per household (2.186 persons), the City can anticipate a maximum increase of 3,607 persons during this planning period. This anticipated population number within the planning period, and the rate at which it is attained, is within growth projections of the San Luis Obispo County 2001 Clean Air Plan (CAP). b) and c) The 2009 Housing Element Update will not conflict or obstruct implementation of the Clean Air Plan (CAP). The CAP calls for building compact communities to limit urban sprawl, mix complementary land uses, such as commercial services with higher density housing, increase residential and commercial densities along transit corridors, and increase pedestrian — friendly and interconnected streetscapes, helping to make alternative means of transportation more convenienL The Draft Housing Element Update is consistent with this plan. Policies 9.4 through 9.9 promote sustainable development that will help reduce green house gas emissions. Housing Element policies 7.4, 7.5, and 7.7 support walkable and bikeable neighborhoods, connected to shopping, schools and other neighborhoods. Community Design Standards and Noise Element Policies require setback buffers and HVAC systems for residences located along high traffic corridors. These mitigations also serve to separate residences from potential exposure to vehicle- related pollutants. d) New development within mixed -use projects are subject to impacts from odor; generated by restaurants and other business activities. The City of San Luis Obispo routinely confers with the local Air Pollution Control District regarding the acceptability of adjacent land uses and routinely prohibits certain odor - producing uses from mixed -use developments, including coffee roasters and nail salons. Limits on hours of operation also reduce conflicts between residents and customers in mixed-use developments. The City's use permit requitement and performance standards for mixed -use development enable the City to establish conditions of approval to reduce potential impacts to less than significant levels. e) The proposed project will not result in a significant impact to air quality. The Housing Element Update anticipates less population and housing growth than allowed under the General Plan land Use Element, and as evaluated earlier based on household size and maximum dwelling unit potential for this planning period. This is because average household size has been trending downward in the City, and because housing production has been significantly lower than anticipated. }residential growth will add to local and commuting automobile trips, a primary factor affecting air quality, but in lower levels than previously attributed to new housing development. As a "job rich" community, a key component of vehicle trips is employees commuting into San Luis Obispo for jobs. The City's trip reduction plan has increased efforts to include incentives for employees and businesses which utilize and promote rideshare, alternative transportation options and subsidies for students who use public transportation. Lower vehicle trip rates will cut the amount of auto emissions. The CAP based its air quality assumptions in part, on an estimated San Luis Obispo population of 48,499 by 2015, a 22% growth increase since 1995. However, current population projections account for an annual growth rate of .49% a significantly lower percentage. Specific control measures to reduce transportation - related emissions that affect air quality were also identified. The Draft Housing Element Update incorporates several of these measures as part of its overall "smart growth" strategy, including: Policies 4.1— 4.4 as well as 5.3 and 5.4 that promote planning compact communities and mixed use development. The Draft has numerous policies or programs designed to promote compact urban growth, encourage mixed use, promote housing within walking or biking distance of employment, and encourage downtown housing close to jobs, services, government, recreational and cultural opportunities. CITY OF SAN LUIS OBISPO 8 INMAL STUDY ENVIRONMENTAL CHECKLIST 2009 issues, Discussion and SupportihOnformation Sources Sources Potentiany porentiany Less Than No 2004 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Sigoificant Significant Impact UnInct ER # 120 -08 � Unless Mitigation Conclusion: No impact. The Draft Housing Element Update is consistent with General Plan growth policies and with prevailing countywide assumptions regarding air quality, including APCD's Clean Air Plan. To the extent the updated Housing Element helps produce more housing that is affordable to extremely -low, very-low, low and moderate income working people, many of whom now commute into the City, it may help provide additional density to support alternative transportation, and help reduce traffic congestion. 4. 1,2,7 1 1 1 1 X 1:1 3,7 1 1 1 1 X 18 1 1 1 1 X E1 a) The General Plan Land Use and Conservation and Open Space Elements guide the preservation of biological resources. Resources include creeks and adjacent riparian corridors, vernal pools, marshes, endangered species or species of special concern, hillsides, open space and park areas, and Laguna Lake. General Plan Conservation and Open Space Element Policy 7.3.3 says that wildlife habitat and corridors that provide continuous wildlife habitat shall be preserved. The Draft Housing Element Update is consistent with those documents, and anticipates new dwellings only in those areas suitable for residential development, with adequate guarantees to preserve natural and biological resources as part of new development. It says housing should be prevented on sites that are unsuitable for development due to the presence of open space resources, or natural or manmade hazards. b), and f j Individual development projects will be subject to development review by staff and City advisory bodies to ensure compliance with pertinent creek and wetland policies. Zoning Regulation 17.16.025 Creek Setbacks requires projects to be consistent with the General Plan and requires the protection of scenic resources, water quality and natural creekside habitat including opportunities for wildlife habitation, rest and movement; therefore, all new residential development must comply with the Creek Setback Ordinance and must avoid sensitive site resources. New projects are routinely evaluated for compliance with the City's Creek Setback Ordinance and modifications are required through the development review process, conditions of approval or mitigation measures, as appropriate to insure that any potential impacts are less than significant. c) Conservation and Open Space Element Policy 7.5.1 states that significant trees making substantial contributions to natural habitat or to the urban landscape due to their species, size or rarity shall be protected and their removal will be subject to specific criteria and mitigation requirements. Any housing projects proposed on sites with significant trees will be subject to �i CITY OF SAN Luis OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 O O Issues, Discussion and Supporting Information Sources Sources Petent",y Potentially Less Than . No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant impact issues Unless impact ER # 130 08 Mitigation loco rated d) Development is subject to applicable City standards and guidelines, the State and Federal Endangered Species Act (ESA), the Clean Water Act (CWA) and other local, state and federal regulatory programs to ensure significant impacts have mandated mitigation measures. Conservation and Open Space Element Policy 7.7.8 of the General Plan ensures the protection of wildlife corridors. The City shall condition development permrits in accordance with applicable mitigation measures to ensure that important corridors for wildlife movement and dispersal are protected. Important featured corridors include riparian corridors, wetlands, lake shorelines, and protected natural areas with cover and water. e) The Draft Housing Element does not conflict with any existing Habitat Conservation Plans, as determined by the City's Natural Resources Manager. Conclusion: No Impact. Residential development anticipated in the Draft Housing Element Update is consistent with the General Plan Land Use Element and Conservation/Open Space Element. Proposed development projects will be evaluated for their potential to impact biological resources and modified, if necessary, to avoid significant impacts in accordance with local, State and Federal law and Conservation and Open Space Element policies. 15. CULTURAL RESOURCES. Would the proiect: I 1,2,16 1 1 1 1 X 2,7,15 1 1 1 1 X 15 1 1 1 1 X X a) Preservation of cultural resources is a key General Plan goal. Land Use Element Policy 6.6 says that historically and architecturally significant buildings should not be demolished or substantially changed in outward appearance unless necessary to remove a threat to health or safety and no other means exist to avoid the threat. Draft Housing Element Policy 3.1 encourages the rehabilitation, remodeling or relocation of housing rather than demolition Changes to historic buildings and development in historic districts should reflect the design and materials of the original building and contribute to a neighborhood's historic pattern of development and architectural character. b) The City has established criteria to identify significant archeological resources and encourage the preservation of these archaeological resources and sites. The City's Archaeological Resource Preservation Guidelines will be the driving force in determining significant resources. These guidelines implement General Plan Conservation and Open Space Element Policy 3.5.1, which requires the City to protect known and potential archaeological resources. Meeting the community's housing needs is also a key community goal, and the Draft Housing Element Update seeks to balance these sometime competing needs. It contains eight policies addressing the need to rehabilitate and preserve basically sound housing, protect historic housing and residential districts, including downtown hotels, and ensure that new residential development is compatible with designated historic resources, promotes seismic safety upgrades, and the use of State or Federal funds to protect and improve existing neighborhoods. According to the Guidelines, as new housing is developed, those features or characteristics that create or reinforce San Luis Obispo's "sense of place" are to be preserved. Individual residential development projects will be evaluated for site - specific cultural resources and where necessary, project modifications to avoid resources or other appropriate mitigation measures will be included to protect Archeological resources. c) and d) The City's Archeological Resource Preservation Guidelines include specific criteria that address the discovery of unique resources or human remains during construction excavation. Development that is proposed on sensitive sites, which are mapped, requires a Phase 1 study to determine the likelihood of discovering resources during construction. These existing measures, which are in place for development city -wide, are sufficient to prevent impacts to archeological or paleontological resources, or any discovered human remains. Conclusion: No impact The Historic Preservation Program Guidelines and the Archeological Resource Preservation iii CITY OF SAN Luis OBIspo 10 INITIAL STuoy ENVIRONMENTAL CHECKLIST 2009 a o Issues, Discussion and Supporting'lnformation Sources Sources Potentiu:ly Potentially Less Than No 2009 GENERAL. PLAN HOUSING ELEMENT UPDATE Significant Significant Significant Impact ER # 120-08 issues Unless lmpact Mitigation 7 X Incorporated Guidelines include specific criteria and steps that must be taken to protect and preserve cultural resources, including archeological or paleontological resources, or human remains discovered during construction. 6. ENERGY AND the ro ect: ],MINERAL �RESOURCES. pW�ould � (]LLLLV4 hLlY9p� b1 Y�i. "...T`F.'1 1,2 X J4,2R fi} Usan, nFR�l pieS�yrceSma�vasteftlaDdAl�ieif� ?ept a 2 X SG�;. �1. ifGtb10SS9tM '�.y'03,I,Cllitwl'mme[al '`�; 7 X .xECR7rC�y5 that wnulc� °be c�F�rbltte,'tptl]e xAg4$n and�th�"'reside5it� A�`ti[ez �' � r + a) In compliance with Title 24 of the California Code of Regulations, the use of energy efficient appliances and insulation reduces energy consumption associated with new residential development projects. The Land Use and Conservation/Open Space Elements include policies to use land, water, and energy resources wisely. The Draft Housing Element Update is consistent with these documents in that it promotes housing design that conserves energy, water and materials wisely, and encourages higher density, infill housing that uses land more efficiently than conventional, detached, single - family housing. Through development incentives, selected land use changes (i.e. rezoning), and flexible development and architectural review standards, multi - family housing will be encouraged to help meet affordable housing needs, to avoid inefficient land use which can contribute to urban sprawl, and to use energy and materials wisely. The Draft also advocates flexible planning and building standards to encourage "Green Building Technology" such as hay -bale construction, passive and active solar energy design, and use of appropriate siting and energy - saving features in new housing. Planning and building staff, and City Advisory Bodies that review new housing projects would, under the Draft Element's programs, encourage housing design that conserves energy and resources. b) Draft Housing Element Policy 9.1 states that residential developments should promote sustainability in their design, placement and use. This can be achieved by incorporating renewable energy features into new homes, including passive solar design, solar hot water, solar power, and natural ventilation and cooling. Policy 9.1 will promote efficient design practices. by encouraging the use of construction materials and methods that maximize the recyclability of building elements. c) Conservation and Open Space Element Policy 4.2, Sustainable Energy Use, and Policy 4.3.1 both promote the use of best available practices in energy conservation, procurement and use and production. With policies to guide new developments, the City can ensure the protection of non renewable resources by conditioning a project to eliminate potential environmental effects. Conclusion: No impact. 7. GEOLOGY AND SOILS. Would the ro'ect: a pt naiadv rse' oosµ ei vtuau� 1,2 X ;Ell; 7,;; e iacludmg psk gwder uw7or vtngc l�Iapttlre 8f a known eaiiltgnake faith, delr>iefit rli the X mostrecentA�qust PolotixtfitLuke `)~au1L�%nm &.i\Qap „.. >Lssutd by the" Statg �edfogtst��'di�'arei}, or based on other i -, subsfant�le�t�e�ioe ofa ldoYbwn fault? ' ITS Srromg,setsmxe VORn SlI�I�_V X ..'�� Selsmrc re lati g...... und faihurer mcludt hgticfaeaon7 X lY rani s des brmudf>o�vs.. x b} ltesulf u> su)istanttal�otl rosron or tha loss! o£topscni7 PIP: X X e- )posted a umt or'sotl th 3t I s Y1lIb, that_ _ bu gerrlogtc be would beeSme unstab7eyas result of t)ie �froleet,.{uld llbtentaally i�sul ra onaor oi�f site jdSl�es,' lateral. spreadm, �ttbstdenoe, CITY OF SAN Luis OBispo t t 'INITIAL STUDY ENVIRONmr:NTAL CHECKLIST 2009 i Issues, Discussion and Supporting' Informr ation Sources Sources Potrnn "y Potentially Less Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE physically and environmentally suited for residential development. The Building and Safety Division has designated a Seismic Significant Significant Significant Impart ER It 120 -08 8. HAZARDS AND HAZARDOUS MATFRiALS. Would the ro'ect: issucs I Unless I Impact X r . klitoug i }f 1of zite 'ti nsRort p°s�al of... ia>;d'ou.. Mitigation et}a) Incorporated CRY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 a), b), c) and d)The Draft Housing Element Update includes policies to prevent establishing new housing on sites with natural hazards, such as geological or seismic risks, including soil erosion, landslides, or liquefaction. Draft Housing Element Policy 3.3 encourages seismic upgrades of older dwellings to reduce the risk of bodily harm and the loss of housing in an earthquake. Policy 11.2 states that the City will prevent new housing development on sites subject to natural hazards such as unmitigable geological or flood risks, or wild fire dangers. City policies and development standards encourage housing where appropriately zoned land exists with the necessary public services and infrastructure (or can be served), and where the land is physically and environmentally suited for residential development. The Building and Safety Division has designated a Seismic Coordinator to assist in the implementation of mitigation programs to prevent unreinforced masonry hazards. The City's Construction Regulations regarding grading and drainage include specific erosion control measures to ensure the safety of all residents. Building Permit issuance and development review of projects will ensure projects are developed in a manner that is safe and consistent with City standards, guidelines and policies. Conclusion: No impacL The Draft is consistent with these policies and standards. 8. HAZARDS AND HAZARDOUS MATFRiALS. Would the ro'ect: aF4afe a $cap��iazardfo ti)e ptitblic dr�the erlvsianment` X r . klitoug i }f 1of zite 'ti nsRort p°s�al of... ia>;d'ou.. 12,5 et}a) i b ;,' C�Fe a - *:,a �c ;t% �'ob o t AM=' trok te'itt 5 X thr °u� reatsnnal����oreseeajile upsef an� accrdL�tt Con�itlons � �releaSe "Of 1*3�a*d �t'(,a5fC ld'}¢ �1]' yhnVOLZ111 ,UA r. w� Cmll',1'laZSCd�OUS 0I17155Itrn& or..fiandlB:�laZal'd°lLS of aCUtel ;. I, - 1 X k zar�otisssta` 3a,-W. S es, or iva a `mtlut one'quarfer , title bf extshng' °FAmPosed,s°ol� '� 4 x ` t 2 X °fie „1'��'M COM -es :O �tat��tm�soatceS b�h�arsl4i�: .x3•cr t tr�usS3ru�racutl}�d*pW tpatelrals, ;;D40SCdi1 $ Of� yz y � rr e} Bey��oenes se wnd- s m es tor, 2 X ma>enalssrtgs ebmptled pursues Tito Govemmen6Cbde Secho ` 1 -PR 10 J�r2 an11r asr�s Yli ti'wottld create a,"srgntfioant"irazard to t�'e p��)irR oi<fhe envunnment� h ° J , , . , K k'�r a pj7i�c€ IoeAted wLthin an augort !arid use plAt� Cliyti4ntiun It 1,10 X tyvo mrles of a publiaar _5`wMd tfieprolecf result m a safety . haaat�l or�tbt pE�ple,rgstdtpg or wp°rlC :ih1WprOiecharea� h, ` g) arr X doted e4nErgencrbspon.§e planr einergbilcy evhCltihbh; t '✓ 5,a 5 h) ore people or structures 4o a signxfipaut ask bf dose, tnl 5 X oMng icUazid ftrea, rncuttmg a k�e4c �vtldlands ey. ^ adlacen�trto uritantze� areas pr w�ieSe iestdgnts ale mtetmrxpd qua, ... _ .._.... -. .... ....... ........�...... _... . a) The General Plan land Use and Safety Elements are the primary local policy documents addressing hazards and hazardous materials. Within the Safety Element, Policy 5.2 states that new residential projects should minimize people's exposure to hazardous materials and substances. The Draft Housing Element Update is consistent with these documents in that it includes polices to prevent new residential developments from being located on sites subject to natural or manmade hazards. Policy 11.4 states that the City will implement a construction and demolition debris recycling program (as described in Chapter 8.05 of the San Luis Obispo Municipal Code) to ensure disposal of hazardous materials are displaced properly. b) Safety Element Policy 5.3 says the City should avoid using hazardous materials in its own operations to the greatest extent practical and will follow all established health and safety practices when they are used. The protection and safety of CRY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 0 Issues, Discussion and Supporting information Sources Sources pot an" potentially I= Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant Impact ER # 120 -08 Issues Unless Impact Mitigation Incorporated community members is also evaluated in development applications and plans by the Building and Safety Division. Construction codes ensure hazards are taken into consideration and mitigated accordingly. c) Schools within the City are safely located within residential developments, close to parks and transit stops. Any proposed development that may result in upset or accident conditions near schools is routed to San Luis Coastal School District for comments. The City's Fire Marshall has the authority to require changes to proposed projects or existing uses where hazardous materials usage is proposed or ongoing. d) Draft Housing Element Policy 9.1 states that residential developments should promote sustainability in their design, placement and use by avoiding the use of building materials that may contribute to health problems through the release of gasses or fibers into indoor air. New development projects are reviewed for consistency with this policy and changes to proposed projects are required through conditions of approval or mitigation measures where potential impacts may occur. e) Draft Housing Element Policy 11.2 states that the City will prevent housing development on sites subject to unacceptable levels of man -made hazards or nuisances, including severe soil contamination, odors or incompatible neighboring uses. New development projects are reviewed for consistency with this policy and changes to proposed projects are required through conditions of approval or mitigation measures where potential impacts may occur. f) Airport compatibility issues are of special concern because much of the City's vacant residential land is located in the southern part of the City, near the San Luis Obispo County Airport. The Airport Land Use Commission adopted the San Luis Obispo County Airport Land Use Plan to guide where and what types of land uses are compatible with airport operations. Generally, residential development is not appropriate in flight approach and take -off areas, and where safety or noise considerations dictate greater spacing between housing and airport activities. City Land Use policies are consistent with the Airport Land Use Plan, and individual developments are evaluated for their consistency with the Plan. The anticipated residential growth is located outside of airport hazard areas, or within areas where residential use is conditionally allowed with appropriate design and safety considerations. For instance, the Margarita Area and Orcutt Area Specific Plans both include chapters that deal specifically with airport compatibility and ensure that future development is consistent with the Airport Land Use Plan. g) Fire Code compliance is checked with all new residential development to ensure the safety of the community by the Fire Marshall and the Building and Safety Division. h) Safety Element Policy 3.0 requires adequate fire services and Policy 3.1 requires housing in interface areas to address wildland fire safety. It is the City's policy to only approve development when adequate fire suppression services and facilities are available. Maintaining consistency with Fire Department standards will ensure the safety and well being of community members and prevent development from occurring in areas of high or extreme wildland fire hazards. Conclusion: No impact. Existing City standards and General Plan Policies from the Safety Element and Housing Element ensure that potential impacts from hazards and hazardous materials are entirely avoided, or mitigated to less than significant levels, before new development is permitted. X X 3,9,10 1 1 J 1 X CITY OF SAN LUIS OBISpo 13 INITIAL STUDY ENVIRONMENTAL CHEcxLisT 2009 C O Issues, Discussion and SupportingAnformation Sources Sources Puteniiary Potentially Less Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant impact Issues Unless Impact ER # 120 -08 Mitigation Incorporated X X X X 13 1 .I 1 X a) and b) The General Plan Water and Wastewater Element states that the City will maximize the yield and long -term reliability of all water resources, and will minimize overall costs for meeting urban water demand, (Water and Wastewater Element Policy 1.0.3). To ensure there is not a water deficit, the City abides by a safe annual yield amount, per Policy 1.0.2. The adopted safe annual yield from Salinas and Whale Rock Reservoirs, and groundwater resources for 2008, is 7,460 acre - fee per year (AFY). Water allocated from the Nacimiento pipeline will provide an additional 3,380 AFY by 2010 for new developments, increasing the safe annual yield amount to 11,090, which is above the projected demand of 9,290 acre feet at General Plan build -out In major expansion areas, where large residential subdivisions will occur (Margarita and Orcutt expansion areas), specific project - related effects on runoff, siltation, flooding, and water quality are addressed in required specific plans and environmental review documents. Housing development must comply with City, regional and State standards for the protection of surface water and ground water quality. Compliance with these regulations is mandated by the City's Stormwater Management Plan permit under the RWQCB program, and ensures that significant impacts will not occur with new development anticipated by the Housing Element. c), d), e), f), h) and i) Newly proposed developments shall be in accordance with City, State, and Federal standards relating to development within flood zones. The City's established environmental review process will help to ensure future residential developments will be evaluated on an individual basis for potential violation of water quality standards. For example, the Prefumo Creek Commons EIR and Orcutt Area Specific Plan EIR have substantial guidance and mitigation required to comply with RWQCB standards and address impacts to drainage, flooding and erosion. Conclusion: Less than significant impact. Hydrology and water quality impacts are avoided in new construction, including the new housing anticipated by the Draft Housing Element Update, through compliance with existing City, State and Federal water qualify guidelines implement by the RWQCB. Would the 1,2 X X a), b), and c)The Draft Housing Element Update includes numerous programs, or implementation "tools ", to implement its goals and policies. For example, policies'rn the Draft encouraging higher density, infill housing close to jobs and employment centers are consistent with existing policies in the Land Use Element that encourage compact urban form. A few programs CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 Issues, Discussion and Supporting nformation Sources Sources Pat entiauy Potentially Less nan No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant impact ER # 120 08 issues Unless Impact Mitigation .t¢ wby 5 t' ?l�ToxC`w MR incorporated e ertt�?nr mere Ap e au ei ceS �f attdat 1, t rw t � that identify non - residential sites as potential areas to consider residential zoning would be implemented, in part, through changes to the General Plan Land Use Map and Zoning map but do not involve activities that would conflict with a regulation adopted for the purpose of avoiding an environmental effect. Sites that may be appropriate for multi- family housing are identified in the Draft, with subsequent review and action needed to evaluate and implement the change, however, no circumstance can be envisaged where an encouraged project would physically divide an established community. No Habitat Conservation Plans are in effect on any of the sites identified in the Housing Element as suitable for residential development. Conclusion: No impact. The Draft Housing Element does not conflict with any plan, policy or regulation adopted for the purpose of avoiding an environmental effect, will not divide an established community and does not conflict with any applicable habitat conservation plan. If during the implementation of any Housing Element policy or program, such an impact is found to have a potential effect, then appropriate mitigation would be adopted prior to permit issuance to insure compliance with existing City policies and State environmental thresholds. 11. NOISE. Would the project result in: 2,6 X .t¢ wby 5 t' ?l�ToxC`w MR e ertt�?nr mere Ap e au ei ceS �f attdat 1, t rw t � 7� esia� S ii d `Yq`the. ........ Y . b�j tj sui>sianfial3erazy; penoct , kr p�*^�a ^t increase 3iti X "hixi ev! I Rthe prgJ4ct xrlcuit a'f3ovg itvel exrstrh ILI Lit r. zvrthitt the procf7 3, s 4 osit#e o .persons emf & erationn of e e Sstve coun�botne X vibdtibrounatsoinp`n3rseieveis 10 X l) FQ %aprq�ect ip�c�ted within an�'Qrt Isndvseiaa rn within � �i��iiporT�FgtSb ,,� t�_�mtles.o�. pith) .�tlse�o�,- w4ttl� the ;. �-, �• It1 � 4s_e= Y Lesrding"tiY wOr�an��tx�rrpJeC�i?tY,a'to a), b), and c) The General Plan Noise Element establishes standards and procedures for protecting noise - sensitive uses from stationary and mobile noise sources. Noise attenuation measures identified in the General Plan include land use limitations, separation between land uses (i.e. noise buffers), earth berms, and where appropriate and no other feasible measure exists, noise walls. New residential development must be consistent with the Noise Element and City Noise Ordinance standards. Noise Element Policy 1.1 says that the City will work to minirni e noise exposure based on the established numerical noise standards, or thresholds, contained in the document. The Draft Housing Element Update encourages the production of affordable housing through development of non - conventional housing, including mixed residential- commercial housing, "work- live" and "live -work" housing, and high- density downtown housing above commercial uses. In these types of housing, special attention must be paid to use compatibility, of which noise is a key factor. The City of San Luis Obispo routinely evaluates proposed development projects to ensure compliance with applicable Noise Element policies and Noise Ordinance Standards. The City also publishes a Noise Guidebook, which includes prescriptive compliance techniques where noise attenuation through building design is determined to be necessary. d) The City's General Plan and Zoning ordinance are consistent with the standards contained in the SLO County Regional Airport land Use Plan. The Airport Land Use Plan includes standards to insure that uses proximate to the airport are developed in a manner that is safe and compatible with aircraft operations. Noise levels are one of the key considerations in the Airport Land Use Plan, and all development within the Plan area must be developed in a manner that eliminates noise exposure in excess of the standards, including through the imposition of noise attenuation measures where necessary. Conclusion: No impact. The City's Noise Element, Noise Ordinance, Noise Guidebook and the Airport Land Use Plan include existing standards, policies and procedures to ensure that new development does not expose people to excessive noise levels. 42. POPULATION AND HOUSING. Would the ro'ect: R-0--a-M, area, eiir rineltI}? X a� CITY OF SAN LUIS OSISPO is INITIAL STuoy ENVIRONMENTAL CHECKLIST 2009 0 0 Issues, Discussion and Supporting lnformation Sources Sources Pot=6.4 Potentially Less Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significaat Significan, Impact ER # 120 08 254 issues Unless Mitigation Impact 302 Above Moderate 668 668 Incorporated 1589 1589 a) General Plan policies seek to achieve a sustainable level of growth through the City's planned build -out of 24,300 dwellings and 57,200 persons, anticipated to occur by 2022. Land Use Element Policy 1.10.2 says the City's housing supply should grow no faster than one percent per year, averaged over a 36 -month period. This will assure population growth does not exceed the City's ability to assimilate new residents and ensure municipal services are available for new and existing residents. Affordable housing is excluded from the City's one percent growth limit, which is established by General Plan Land Use Element Policy 1. 11.2 and the Residential Growth Management Regulations (SLOMC 17.88). As required by State law, the Draft Housing Element Update includes Quantified Objectives showing the number of units the City expects to accommodate in each income group during the planning period from January 1, 2007 to December 31, 2014. Under the Draft Update, the City would expect to accommodate up to 1,589 new, in -city dwellings. Of the total, 58 %, or 922, units will be affordable to extremely low, very low, low and moderate income households. The remaining units can be constructed within the allowed average residential growth rate of one percent per year and will be credited towards meeting the City's Regional Housing Need Allocation of 1,589 added units by 2014. According to the Regional Housing Needs Plan adopted by the San Luis Obispo Council of Governments, San Luis Obispo's Regional Housing Need Allocation (RHNA) during the planning period is 1,589 dwellings as shown in table 1. However, State housing law (Article 10.6, Section 65583(b)(2) of the California Government Code) recognizes that total housing needs identified for a jurisdiction may exceed available resources and the ability of the jurisdiction to satisfy this need within the context of State and local General Plan requirements. Under these circumstances, a jurisdiction's quantified housing objectives need not be identical to the total housing needs. The City's proposed Quantified Objectives are shown in Table I, below. Table 1 Regional Housing Need Allocation, January 2007- December 2014 Citv of San Luis Ohisno c RRN MAE 111 pl; IN .9 Very Low 366 366 Low 254 254 Moderate 302 302 Above Moderate 668 668 TOTAL 1589 1589 Sousse: City of San Luis Obispo, Community Development Department b) San Luis Obispo has evaluated its ability to accommodate the RHNA number of 1,589 dwellings by December 2014 and determined it has sufficient zoned land and infrastructure to accommodate its assigned regional housing need allocation. There is sufficient land and water supplies for residential development to accommodate the RHNA mtmber within the planning period. New State housing laws have placed greater responsibility on local government to address housing needs even in the face of reduced financial resources. The updated Housing Element includes new information, policies and programs to address these legal requirements. Such proposed statewide and regional changes include the approval of SB 2, SB 575, AB 2348 and AB 1866. Conclusion: No impact The Draft Housing Element Update and Quantified Objectives are consistent with the residential growth anticipated by the General Plan and allowed by the Residential Growth Management Regulations. Population and CITY OF SAN Luis Obispo 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 Issues, Discussion and Support 2009 GENERAL PLAN HOUSING ER # 120 -08 C ition Sources Sources Potentmuy I Potauially I Less Than I No UPDATE Significant Significant Significant Impact Issues Unless Impact Mitigation Housing growth anticipated in the General Plan were evaluated in the 1994 General Plan Land Use/Circulation Elements Final EIR, and the growth anticipated in the Dra$ Housing Element is consistent with growth levels evaluated in the FEIR. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision, or need, of new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: ,a ASkkG#521 'a1 r �� �GF ? b F r { r� i+S ..� Y - I 5 X IY F2 L } u -'v ddi�T- pzofeianT3 F .�'y X 2 X 'GlG• "N "3 }i.B:i 3r a Ri.. a , r a 17 X e #jAF�and AI� lCLlFan5�AT13Q{1114$trtletlireY S 2 X Z. n©'theC' t1rCrJttl �- 2 X ' r* + d c a) and b) Safety Element Policy 3.0 states that adequate facilities and services shall be in place before new development is approved. Section 9.3 of the Safety Element includes specific response performance standards. For fire protection, the standard is a response -time objective of four minutes. The Police Department has set a 30- percent available -time objective for patrol response. When new development is proposed, the location and size of the development is considered to determine if they will impact the adopted response performance standards. In addition, the ability of each Department to meet these standards city-wide is monitored and evaluated on an annual basis as part of the General PIan Annual Report and the City's budgeting documents. When resource deficiencies are identified, the City Council routinely allocates funding for new personnel or facilities to insure compliance. c) The Draft Housing Element update estimates that one, or possibly two, additional school sites will be needed to serve planned residential growth in the southern part of the City. The Orcutt Area Specific Plan includes one potential elementary school site. Development projects will be required to pay construction permit school fees to offset costs of developing new schools. d.) The Parks and Recreation Element of the General Plan requires new development to allocate 10 acres of developed park Iand for every 1000 residents to ensure that sufficient parkland is developed along with new residential development e) Draft Housing Element policies encourage connectivity between residential developments. Policy 7.5 discourages walled - off residential developments because physical separation prevents the formation of safe, walkable and enjoyable neighborhoods, and reduces convenient access to transit routes. Draft Housing Element Policy 7.4 says that residential developments should be an integral part of an existing neighborhood with pedestrian and bicycle linkages that provide direct, convenient and safe access to adjacent neighborhoods and commercial areas. As new development is proposed, projects are evaluated to ensure consistency with these policies. 0 Draft Housing Element Update policies and programs call for the City to solicit new funding sources to assist in the development of affordable housing. The City of San Luis Obispo has an Affordable Housing Fund that can be used to offset costs and provide new infrastructure and services to new affordable housing developments. This and other funding sources will be needed to meet the Quantified Objectives. City Utilities, parking facilities, recreation facilities and programs, and to a limited degree, public schools, are funded by service users and new development City fees on new development, including water, wastewater, traffic, park, and affordable housing fees, and school fees are collected at the time of construction permit issuance to offset the costs borne by the City to meet the service needs of new development. Conclusion: Less than significant impact. Residential development will increase demands for public services, however, as provided in State law and local ordinances, new developments are required to fund a proportional share of the cost of additional public service or facility needs. 14. RECREATION. Would the project: CITY OF SAN LUIS Obispo 17 1 INITIAL STUDY ENVIRONMENTAL CHECKUsT2009 C � Issues, Discussion and Supporting Information Sources Sources Potentially Potentially Lxw Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant impact £R # 120-08 Issues unless impact _.. Mitigation Incorporated 17 1 1 1 1 X 2 1 1 1 1 X a) The General Plan Parks and Recreation Element Policy 3.13.1 of the General Plan says the City shall develop and maintain a park system at a rate of 10 acres of parkland per 1,000 residents. The City monitors the adequacy of its recreational facilities and evaluates each major new residential development to determine if additional service capacity is needed. Specifically, all new residential expansion areas are required to develop neighborhood parks at the rate of 5 acres per 1,000 residents. Additional parkland is acquired and developed by the City as fees become available through the City's parkland in- lieu fee program to insure compliance with City policies regarding the total amount of parkland that should be maintained New development is responsible for providing funding or facilities in proportion to the need generated by the development project. This will help to ensure sufficient open space and recreational areas are allocated for the community. Generally, new subdivisions with 50 units or more are required to dedicate the required parkland, however, smaller subdivisions may pay a fee in lieu of dedicating land for parks. b) Housing development, including recreational facilities required as a condition of that development, will be allowed only in areas suitable for such development. Moreover, the Draft Housing Element Policy 11.2 states that the City will prevent new housing development on sites that should be preserved as dedicated open space or parks. Conclusion: Less than significant impact. Implementation of existing City policies and programs ensures that there will be adequate developed parkland available to serve new City residents. 1 15. TRANSPORTATION/TRAFFIC. Would the aroiect: I 91 14 1 1 1 1 X V4 10,14 a) Circulation Element Policy 16.1.4 states that the City will evaluate potential transportation impacts created by new development projects; development proposals to the City will include displays of the proposal's interfaces with nearby neighborhoods, and indicate expected significant qualitative transportation effects on the entire community. Traffic load and circulation impacts must be mitigated prior to development plan approvals. This information is routinely used by decision makers and planners to ensure that appropriate mitigation measures, including required off -site improvements, are established as part of any approved residential development project. b) Circulation Element Policy 8.0.1 says that the City will manage the use of arterial streets and regional routes/highways to accommodate increases in traffic levels limited to and permitted by the City's adopted growth management plan so levels of traffic congestion do not exceed the peak hour level of service standards. To maintain levels of service, traffic management plans will be established, alterative forms of transportation will be established and minor changes within existing roadways will be made to improve pedestrian and bicycling safety while improving traffic flow. i CITY OF SAN Luis Oatspo 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 Issues, Discussion and Supporting Information Sources Sources Potentiuiiy Potentially Less Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant Impact ER # 120 -08 �a Unless Impact Mitigation Inc orated c) The City routinely evaluates proposed development projects to insure that hazards due to design features are reduced or eliminated. The proposed Housing Element update will not change the City's process for evaluating new development projects to ensure that vehicle circulation is accomplished without creating design hazards or conflicts with incompatible uses. d) Emergency access to new development will be taken into consideration during early phases of the development review process. Safety Element Policies 9.20 through 9.23 list the precautionary measures the City will take when evaluating a development plan. The City conducts safety inspections for fire safety, including enforcement of fire lanes, for multi- family residential developments. e) Circulation Element Policy 13.0.1 encourages people working in the commercial core to use alternative forms of transportation to get to and from work Workers who do drive individual vehicles should use parking structures or common facilities rather than curb parking, which generally should be reserved for short-term parking. f) Using alternative means of transportation is a key way to minimize congestion, and reduce health and environmental impacts. The General Plan discusses transportation with goals that are supported by specific policies to encourage alternative modes of travel throughout the City. Community Trip Reduction Policy 2.0.1, supports county wide and community programs geared to substantially reduce the number of vehicle trips and parking demand. Through this and many other transportation - related policies, transportation impacts due to level of service, road damage and traffic capacity can be successfully mitigated. g) The General Plan is consistent with the San Luis Obispo County Regional Airport Land Use Plan and the Draft Housing Element wiIl be reviewed by the Airport Land Use Commission as a mandatory referral. The draft Housing Element cannot be adopted unless the Airport Land Use Commission determines that it is consistent with the Airport Land Use Plan. Conclusion: No impact. Existing policies and procedures ensure that new development is evaluated during the development review process so that any potential circulation impacts are mitigated as part of the development project. The proposed Draft Housing Element is consistent with the City's Circulation Element and the FEIR for the Circulation Element and does not propose substantially new housing development increment that was not previously anticipated. Overall, total housing in the City remains below the projections made in the Final EIR for the Land Use and Circulation Elements. 1 16. UTU MES AND SERVICE SYSTEMS. Would the vroiect: I 13 X X X X X 1;1 a) and b) The Draft Housing Element Update includes Quantified Objectives that can be accommodated by existing and planned water and wastewater treatment, distribution and collection facilities. CITY OF SAN LUIS OBISPO 19 1NrnAL STUDY ENVIRONMENTAL CHECKLIST 2009 Issues, Discussion and Supporting Inf mr0ation Sources Sources Potent' y Potentially Less Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Demand @ 145 gpcd Significant Significant Significant impact ER #.a2aos Issues unless Mitigation lit 7,268 of 11,080 of 1,828 of Incorporated c) Based on the 2009 Water Resources Status Report, 'prepared by the City's Utility Department, the City can reasonably expect to have up to 1,828 AFY of water available to support new housing during the planning period — enough water to accommodate San Luis Obispo's projected population growth through 2022. Draft Housing Element Update policies assume that the development of up to 1,589 planned in-city dwelling units during the planning period will use 1,084 AFY, which is less than the amount available to allocate to new development The table below represents the water available for development based on water demand of 145 gallons per person per day. Projected City population of 57,200 at General Plan build -out results in a projected water demand of 9,290 acre -feet per year (excluding demand from the Cal Poly campus, which has separate entitlements), which is within the City's Safe Annual Yield of 11,080 acre feet. Table 4: Water Available for Develonment Year Population Present Water Safe Annual Yield Water Available for Demand @ 145 gpcd Allocation based on General Plan 2009 44,750 7,268 of 11,080 of 1,828 of d) The City of San Luis Obispo provides wastewater treatment for City residents. The capacity of the Water Reclamation Facility is adequate to accommodate project population growth and new commercial development in the City. The Wastewater Master Plan is updated from time to time to identify when additional capacity at the facility will be required. The planned expansion of the Water Reclamation Facility is funded by rate payers and through impact fees collected from new development e), f) The City's Construction Debris Diversion and Recycling Ordinance requires that all new development include a recycling plan to reduce the amount of debris disposed of at the Cold Canyon Landfill, which serves the City of San Luis Obispo. Cold Canyon Landfill has sufficient capacity to accommodate the City's anticipated build -out population. Conclusion: No impact. Based on planned service capacities, the City will be able to serve the increased water demand resulting from the additional population and housing anticipated in the Draft Housing Element Update. The increase in service demand is within the City's projections for available water and wastewater treatment resources, and within the growth limits established in the General Plan Land Use Element. F Individual development projects' impacts on natural and cultural resources will be evaluated and mitigated, consistent with CEQA and with General Plan policies. The proposed Update will not affect City policies on protecting and enhancing biological or cultural resources or preclude the City from achi resource &otection goals. iil'T)oes tbe'nmieeliaveinoacts that are iiiltvrdtrallvilttmted kirta "? X The Draft Housing Element Update would accommodate up to 1,589 in -city dwelling units in a five year period. Over h of these units are targeted to be affordable to very -low and low- income households and exempt from Residential Growth Management Regulations. Consequently, the Draft Element is consistent with General Plan Land Use Policies regarding CITY OF SAN Luis OBISPO 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009 residential growth. Cumulative impacts of General Plan policies and anticipated growth are addressed and mitigated in the Land Use Element Final EIR. It also found identified significant, adverse impacts of cumulative growth factors, despite mitigation, for which findings of overriding considerations were made with regard to conversion of agricultural land to urban uses, accommodating a regional share of anticipated regional 'growth within the urban reserve line, and increases in population, employment and housing. �.W -15RWI-Wor R0 % Ix c Wa R I I I x The Housing Element update will meet a portion of the City's housing needs for all income groups. There is no evidence that the Element's policies and programs will have significant, adverse impacts on humans, either directly or indirectly. CITY OF SAN Luis 051spo 21 INITIAL STUDY ENVIRONMENTAL QiEcKusT 2009 Issues, Discussion and Supporti6glfntorrrtation Sources Sources Potentially Potentially Lass Than No 2009 GENERAL PLAN HOUSING ELEMENT UPDATE Significant Significant Significant impact ER # 120-08 Issues I Unless . Impact I Mitigation hicorponited residential growth. Cumulative impacts of General Plan policies and anticipated growth are addressed and mitigated in the Land Use Element Final EIR. It also found identified significant, adverse impacts of cumulative growth factors, despite mitigation, for which findings of overriding considerations were made with regard to conversion of agricultural land to urban uses, accommodating a regional share of anticipated regional 'growth within the urban reserve line, and increases in population, employment and housing. �.W -15RWI-Wor R0 % Ix c Wa R I I I x The Housing Element update will meet a portion of the City's housing needs for all income groups. There is no evidence that the Element's policies and programs will have significant, adverse impacts on humans, either directly or indirectly. CITY OF SAN Luis 051spo 21 INITIAL STUDY ENVIRONMENTAL QiEcKusT 2009 18. EARLIER ANALYSES. i}ert sna1 ��5b� as�3�iSetexx I���'p..1b5�#�1'�Sr'it�o.P�l.� 4r 4t��r ��,�.p es;3`• nee or more e�"Ct�' �" ��- adGQl{$fQl}7�II�Ed- it1.'aA �$itr�]i�!]kii�I4�Y� i���Iidtibn +mt.�J��ll.��� .�,�����,�� �i1�5 8`d1SCU�30II .:l�rar�r�: `-1'st[;�t�ed~irieti' _�r�t•,r "a'ti� "��' and: h: ��tere :tba:�Ya9ialiteltSY`re�!te� ._._: �.._ +.� "... - .,:.;.. Final Environmental Impact Report, Land Use and Circulation Element Updates; available at the Community Development Department, 990 Palm Street, San Luis Obispo, CA 93401. flt'�sxce���xh �opF o£a�d �dgiyaxt' 4 -+ 4•- +.�.�f v .+-r F „- �+-y p re e-` 3 i' i i sw u iu +4 I4 4 n i 54 r` k t 1a1y7�iiau CAI eat11G7a�lU�aeAt PIuSUazlk kA �tpplt��CtgASalfikLs� anc�. $fie a hel6ar4e� eiekl� wbrer a�tlre55e by :�.Zsmxti- aU�" o�xztteactus�bas� ,:Qnt>�zaFlie%.azial See attached Resolution No. 8332 excerpt, summarizing environmental impact, mitigation, monitoring and overriding considerations from the 1994 Land Use Element update. i5litrgahun measmes_or a t�iaf are `! mst "lhamarw�ationcod�ate ' de? cl tltd Dnat5otr � »,� ���,��o� ;tom fixiin��eE`��ul?>xPZ� tiie elcb�'nr tq �rinD7it�tey addz�ss stteei;t��: The Draft Housing Element Update is consistent with the General Plan Land Use Element and must also be guided by the mitigation that applies to that document. 19. SOURCE REFERENCES. I • Unified General Plan, City of San Luis Obispo. 2. Draft General Plan Housing Element Update, City of San Luis Obispo, September 2009 3. 2003 California Environmental Quality Act, CEQA Guidelines, Consulting Engineers and Land Surveyors of California. 4. 2001 Clean Air Plan, San Luis Obispo County, San Luis Obispo County Air Pollution Control District. 5. General Plan Safety Element, City of San Luis Obispo, July 2000 6. General Plan Noise Element and Noise Guidebook, City of San Luis Obispo, May 1996. 7. General Plan Conservation and Open Space Element, City of San Luis Obispo, 8. Community Design Guidelines, City of San Luis Obispo, May 2003 9. Zoning Regulations, City of San Luis Obispo, August 2009 10. Airport Land Use Plan, City of San Luis Obispo, May 2005 11. Draft Orcutt Area and adopted Margarita Area Specific Plans, City of San Luis Obispo, October 2004 12. Municipal Code City of San Luis Obispo 13. Water Resource Status Report, City of San Luis Obispo, July 2009 14. General Plan Circulation Element, City of San Luis Obispo, July 2000 15. Archaeological Resource Preservation Guidelines, City of San Luis Obispo, October 1995 16. Historic Preservation Guidelines City of San Luis Obispo, April 2008 17. General Plan Parks and Recreation Element City of San Luis Obispo, July 2000 18. Conservation Plans; Cerro San Luis, September 2005, Bishop Peak Natural Reserve, July 2004, Irish Hills Natural Reserve, Johnson Ranch, January 2008, South Hills, July 2007, Drafi Stenner Springs Natural Reserve, July 2009 Attachments: 1. Draft Housing Element Update July 2009 2. Excerpt, Resolution No. 8332 approving the Land Use/Circulation Element Updates and summarizing environmental impacts, mitigation and monitoring, and overriding considerations. CDD DOCS/GENERAL PLAN/ HOUSING ELEMENT IS 0 RESOLUTION NO. 10145 (2010 Series) RESOLUTION AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO SURF CAB COMPANY AND PERMITTING THE OPERATION OF FOUR TAXI OPERATORS WITHIN THE CITY 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 Company, 234 -Taxi L.L.C, and Green -Go Taxi, LLC are the current taxi operators in the City of San Luis Obispo; and WHEREAS, the City has received an application from Surf Cab Company to operate taxi service 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 operators in the City; and WHEREAS, the City has determined the need for an additional taxi operator in the City exists, but wishes to re- evaluate that need after a reasonable period of operation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds that permitting additional taxi service on a one year trial basis serves the Public Convenience and Necessity. SECTION 2. The rates submitted by Surf Cab Company taxi operation and reviewed by the City Council on January 19, 2010 are hereby approved as Exhibit A. SECTION 3. The City Manager or her designee is hereby authorized to grant a Certificate of Public Convenience and Necessity and Taxi Permit to Surf Cab Company taxi for five vehicles on a one year trial basis. SECTION 4. The Applicant shall return to Council to request continued authorization to operate within one year of this resolution. R 10145 j \I Resolution No. 10145 (201v Series) Page 2 Upon motion of Council Member Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 19th day of January, 2010. ATTEST: �% 0.el —�� Elaina Cano City Clerk AS TO FORM: J.,Christine Dietrick Attorney n, Resolution No. 10145 (201 a Series) Page 3 Exhibit A APPROVED 01 -19 -2010 Fee Type Surf Cab Pick Up Cash $4.00 Per Mile $3.00 Wait Time Per/Hr $35.00 Surchar a 2 :30 am -6 wn None 0 RESOLUTION NO. 10144 (2010 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE FINDINGS OF THE CALIFORNIA STATEWIDE LOCAL STREETS AND ROADS NEEDS ASSESSMENT WHEREAS, cities and counties own and operate over 81% of the roads in California, where every trip begins and ends, and the local system is critical for safety and mobility of the traveling public, farm to market needs, multimodal needs, and commerce; and WHEREAS, the local street and road system provides two -fold opportunity for economic recovery during the worst fiscal crisis in California in decades. The maintenance and preservation of the local transportation network provides both public and private sector jobs and thus supports economic recovery in every comer of the state. Furthermore, well maintained infrastructure is critical for economic development by attracting businesses and providing for the safe and efficient movement of both people and goods; and WHEREAS, while federal and state governments regularly assess their transportation system needs, no such data existed for most of the local component of the State's transportation network; and WHEREAS, the California Statewide Local Streets and Roads Needs Assessment provides critical analysis and information on the local transportation network's condition and funding needs; and WHEREAS, the study surveyed all of California's 58 counties and 478 cities in 2007 -08, resulting in data that represents 93% of local street and road miles in the state; and WHEREAS, the results show that California's local streets and roads are on a path of significant decline. On a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 68, placing it in the "at risk category"; and WHEREAS, if current funding remains the same, the statewide condition is projected to deteriorate to a PCI of 58 in 10 years, and further to 48 ( "poor" category) by 2033; and WHEREAS, the pavement in the City of San Luis Obispo currently has a PCI of 72, but is in danger of declining if future revenues are not dedicated to pavement maintenance projects: and WHEREAS, ongoing road maintenance is a significant public safety concern. Fatality rates on county roads already exceed those of the State's freeway system. Maintaining the paved road network (potholes filling; sealing, overlays, etc.), traffic signals, signs, and street lights has a direct correlation to improving public safety thus reducing traffic accidents, injuries and deaths; and R 10144 Resolution No. 10144 (201 v Series) S Page 2 WHEREAS, to spend the taxpayer's money cost - effectively, preserving and maintaining the local system in good condition, or at a level of best management practices, is less costly in the long term; and WHEREAS, in order to bring the local system back into a cost - effective condition, thereby preserving the public's $271 billion pavement investment and stopping further costly deterioration, at least $7 billion annually in new money going directly to cities and counties over a period of ten years is needed to stop the further decline and deterioration of our streets and roads. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo supports the findings and recommendations of the California Statewide Local Streets and Roads Needs Assessment. Upon motion of Council Member Marx, seconded by Council Member Settle, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19`s day of January, 2010. Mayor David F. Romero ATTEST: (:��.1ZlA� Elaina Cano City Clerk AS TO FORM: d' Christine Dietrick City Attorney RESOLUTION NO. 10143 (2010 Series) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PLATFORM FOR 2010 AND APPOINTMENT OF COUNCIL MEMBER AND STAFF PERSON TO ACT AS LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA CITIES WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action platform which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A ", the League of California Cities federal priorities identified in Exhibit "B ", and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Platform is face -to -face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby: 1. Establish the Legislative Action Platform for 2010 as set forth in the attached Exhibits "A" and "B" and authorize staff to take positions on legislation generally consistent with the Legislative Action Platform and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City; and 2. Appoint Mayor David F. Romero to act as Council Member legislative liaison and City Manager Katie Lichtig and City Attorney J. Christine Dietrick to act as staff legislative liaisons with the League of California Cities. R 10143 Resolution No. 10143 (201�Series) JJ Page 2 Upon motion of Council Member Marx, seconded by Council Member Settle, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19th day of January 2010. Mayor David F. Romero ATTEST: J (d;ZZ' Elama- Cano City Clerk AS TO Dietrick City Attorney G: \701 -03 Resolution (Log) \10143 reso.doc C� C Exhibit A CITY OF SAN LUIS OBISPO LEGISLATIVE ACTION PLATFORM FOR 2010 Community Development 1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process to recognize local resource limitations. 2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings. .3. Promoting funding of on campus housing at Cal Poly for student and faculty housing. 4. Preserving local control of planning and zoning matters. Supporting efforts to increase funding for affordable housing for very low, low and moderate income families for all cities and communities and opposing the erosion of local inclusionary housing and in -lieu fee programs. 6. Promoting additional state funding to implement SB 375 through local general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed. 7. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites and structures. 8. Supporting continued or expanded funding for CDBG program. 9. Supporting reinstatement of protections from imposition of additional building or site conditions prior to issuance of a building permit for seismic related improvements to buildings subject to a mitigation program established according to state law (our URM Program) as previously provided in Government Code Section 8875.10 (this section was repealed effective January 1, 2009). 10. Supporting continued local control over mobile home park rent stabilization and the conversion of mobile home parks to other uses. Economic Development 11. Promoting funding and/or legislation using tax credits or other incentive programs to encourage research and development by businesses in California. 12. Supporting funding and policies for the promotion of California as a place to locate businesses. 13. Supporting funding for the state tourism promotion program. C Exhibit A 14. Supporting the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies. 15. Supporting telecommunications reform legislation and other measures that preserve local control over public rights -of -way, protect local resources and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television. Finance 16. Continuing to support efforts to protect the City from loss of revenues due to State take -aways and unfunded State or Federal mandates. 17. Endorsing legislation that provides local government with a fair share tax on catalog and Internet sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales. 18. Supporting legislation and other measures to change processes in California regarding: determining legislative district boundaries, modifying term limit restrictions, and reducing the two- thirds vote required for adoption of the State budget. Human Resources/Employee Relations/Human Relations 19. Supporting additional workers compensation reforms that lower employers' costs while still protecting workers. 20. Supporting pension and retiree health benefits reform efforts in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors. 21. Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters' Bill of Rights, or other attempts to curtail management rights. 22. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission. 23. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan. 24. Supporting reforms that limit the financial impacts of joint and several liability on public entities. Public Safety G Exhibit A 25. Continuing State and Federal funding support for disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS program and other local law enforcement activities. 26. Preserving the City's authority to investigate police misconduct. 27. Preserving the City's authority to establish both medical and non - medical emergency service levels. 28. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors. 29. Preserving the authority of local control on issuance of concealed weapons permits. 30. Supporting legislation to help curb alcohol - related criminal behavior and underage drinking. 31. Opposing new or increased state fees for state provided law enforcement services. 32. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs. 33. Supporting efforts to reduce retention periods for video monitoring tapes. Public Works 34. Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types, e.g. streets, bridges, water, sewer and storm sewer systems, etc. 35. Supporting legislation that would increase funding for projects that improve flood protection for the City. 36. Ensuring cooperation and prompt approval from Federal and State regulatory agencies (such as the Department of Fish & Game and the Army Corps of Engineers) for necessary projects involving the City's creek system. 37. Supporting legislation which would exclude assessments for vital infrastructure from Prop. 218 requirements. 38. Supporting legislation to provide monetary incentives or grant funding for alternative fuel vehicles for replacement of municipal fleet equipment. Exhibit A 39. Supporting legislation to provide monetary incentives or grant funding for retrofitting municipal buildings with Energy Management Systems to centrally control all lighting and HVAC systems. 40. Supporting measures to ensure the timely distribution of federal stimulus funds to cities with "ready to go" public works projects. Parks and Recreation and Natural Resources 41. Supporting State and Federal funding and other measures to promote the acquisition, protection, preservation and restoration of natural resources, open space, coastal resources, signature land forms, wetlands and park development, including continued funding for the Land and Water Conservation Grant Program and for the California Conservation Corps. 42. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development. 43. Opposing any development under existing or new offshore oil and gas leases off the coast of San Luis Obispo County. 44. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium contaminated waters from the San Joaquin valley). 45. Encouraging the Resources Agency and its departments to reinstate and expedite the distribution of bond funds and other funds resulting from special legislation and voter - approved bond measures, to take advantage of the many favorable opportunities for land and easement acquisition and enhancement project contracting that exist at this time. 46. Seeking legislative exemption from property taxes on lands dedicated to open space purposes which are outside the boundaries of the jurisdiction owning such lands. 47. Protecting funding for vital regional and community services that negatively impact Californian's access to parks, open space, after school programming, senior services, facilities that promote physical activity, protect natural resources, and strengthen safety and security. 48. Promoting policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions, including: strengthening policies that fund parks, open - space, bike lanes and non - motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non - motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375. 49. Supporting legislation that promotes access to joint use of schools; parks and open space; development of streets and trails that encourage physical activity and healthy living. Transportation O Exhibit A 50. Supporting changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public. 51. Supporting the continuation of, and increased funding sources for street maintenance projects, transportation improvements, transit operations and bicycle facility projects. 52. Supporting clean air transit funding for San Luis Obispo County, in particular funding that provides for alternative modes of transportation with clean air benefits. 53. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO agencies /regional "control" of local transit providers. 54. Supporting legislation that would encourage private transportation companies (such as Union Pacific Railroad) to reach agreements for sharing of properly secured right of way corridors for other compatible uses such as bicycle and pedestrian facilities. 55. Opposing the proposed diversion of gasoline sales tax to become an excise tax and other attempts to deprive transit agencies of significant funding sources. Utilities 56. Supporting clean water funding programs. 57. Supporting legislation to further recycling programs and enhance local government's ability to comply with solid waste requirements. 58. Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e. repeal SB 709). 59. Supporting legislation and other measures to ensure reasonableness in the administration of NPDES permit governing City operations, including pursuing a municipal representative on the Regional Water Quality Control Board. 60. Supporting legislation promoting the safe, responsible, and cost- effective reuse of Exceptional Quality or better biosolids. 61. Supporting legislation to streamline the state regulatory processes. 62. Supporting sustainable energy programs. 63. Supporting incentives for distributed energy generation projects such as solar power. O Exhibit A 64. Supporting legislation allowing cities /agencies to establish fees for the costs of operating mandated water quality programs such as, but not limited to, municipal storm water and total maximum daily loading. 65. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency, to the benefit of the City. 66. Supporting legislation that aids in the implementation of the California Urban Water Conservation Council's Best Management Practices regarding urban water conservation. 67. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources. 68. Supporting legislation to allow use of Public Goods Funds for the development and installation of energy saving or green energy generating projects to benefit local government. 69. Supporting legislation promoting the protection of water resources, including water quality, watershed protection, and treatment discharge measures. 70. Support legislation relative to protection of our natural resources from invasive species. 71. Support legislation promoting sustainability of our water resources through the use of recycled water, rainwater harvesting, greywater use, and other best practices. County/Retional Priorities 72. Working with the County to assure land use practices that are consistent with the Memorandum of Agreement adopted by the City Council and County Board of Supervisors in 2005 regarding development near the edges of the City. 73. Supporting a vector control program benefit assessment for San Luis Obispo County. 74. Encouraging participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction. 75. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Pollutant Concentration (PC) or better biosolids. 76. Working cooperatively with the County to solve City/County flood problems. 77. Supporting the San Luis Obispo County Air Pollution Control District's legislative program. G:Uxgislative Priorities\2010 Docs\2010 Legislative Action Platform.Exh A.Final Drafr.doc t League of California Cities �I J Exhibit B 2010 -01 -07 League Leadership Sets 2010 Strategic Priorities The League's board of directors met in a joint session with the leaders of the divisions, departments, policy committees and caucuses of the League on Nov. 18 through Nov. 20 to chart a strategic course for 2010. After small group discussions and large group presentations, the combined leadership of the League endorsed three strategic goals for 2010 that will guide the League's advocacy and education efforts. During its meeting on Friday, Nov. 20, the board formally adopted the three goals listed below. • Protect Local Control and Funding for Vital Local Services. Use statewide ballot measure and legislative and legal advocacy to achieve reforms that protect local control and abolish the power of the state to borrow, divert or impose restrictions on the use of all local revenue sources, including locally imposed or levied taxes, the local shares of all transportation tax revenues (including public transit funding), the redevelopment tax increment, and any other local revenue source used to fund vital local services. • Support Reform of the Structure, Governance, Management and Financing of State Government. Build on the success of the.2009 Local Government Summit on State Governance and Fiscal Reform by working collaboratively with other stakeholder groups to advance reforms to modernize the structure, governance, management and method of financing state government. • Promote Economic Stimulus, infrastructure Investment, Business Development and Job Creation. Promote federal, state and local investment in transportation, water, redevelopment and other critica` infrastructure projects that will support the retention and creation of new private businesses and jobs in our cities and stale. I� C RESOLUTION NO. 10142 (2010 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A HELISTOP ON THE ROOF OF THE SIERRA VISTA HOSPITAL'S PARKING STRUCTURE AT 21 CASA STREET (ARC 84 -09) WHEREAS, Sierra Vista Medical Center has requested to operate a rooftop helipad or helicopter landing facility (hereafter referred to as a helistop) atop the parking structure located at 21 Casa Street on its hospital campus in the City of San Luis Obispo; and WHEREAS, the proposed helistop will accommodate only emergency medical service (EMS) and public service medical helicopters and will facilitate the care of patients who are airlifted to this medical facility, thus improving the quality of medical service to patients; and WHEREAS, the proposed helistop will facilitate helicopter operations at an elevated location that will mitigate noise and other impacts on pedestrians, motorists and surrounding properties; and WHEREAS, California Public Utilities Code Section 21661.5 (b) requires that the City Council or its designated design review authority approve plans to construct a helistop located within City boundaries; and WHEREAS, the Community Development Director approved through a minor or incidental architectural review application the design of the helistop on November 6, 2009 and made appropriate findings as to the reasons why the requested helistop does not conflict with surrounding land uses; and WHEREAS, notices of the Director's action were made at the time and in the manner required by law; and WHEREAS, the project is categorically exempt under Class 11, Accessory Structures, Section 15311 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the proposed helipad complies with federal requirements, and a City Council resolution noting City approval of the helistop is required for a final approval from state authorities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action. The City Council hereby supports the previous approval by the Community Development Director of the plans submitted by Sierra Vista Regional Medical Center to construct its helistop on the rooftop of the parking structure located at 21 Casa Street; based on the following findings, and subject to the following conditions and code requirements included in the Community Development Director's previous design approval: R 10142 Resolution No. 10142 (201 v aeries) Page 2 Findings 1. The proposed project will not be detrimental to the health, safety and welfare of persons living or working at the site or in the vicinity because the preliminary plans have been reviewed by all applicable City Departments for consistency with relevant codes and regulations. 2. The project is consistent with the Community Design Guidelines because the new helistop has been designed to blend with the architectural lines of the existing parking structure and be as inconspicuous as possible by incorporating the following: a. The elevation of the helistop has been lowered as much as feasible on the parking structure's roof deck. b. The beams of the helistop will be painted to match the parking structure. c. The helistop will be supported by the beams of the parking structure. 3. The proposed helistop will provide an important function and purpose for the hospital campus. 4. Revised parking calculations submitted with the helistop application demonstrate that there will still be a surplus of 64 parking spaces for the hospital campus above City code requirements even with the removal of the 17 parking spaces on the roof of the parking structure to accommodate development of the helistop. 5. The project is categorically exempt under Class 11, Accessory Structures, Section 15311 of the CEQA Guidelines. Conditions 1. Final project design and construction drawings shall be in substantial compliance with the project plans submitted as part of this minor or incidental .architectural review application. Any change to approved design, colors, materials, or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 2. Project lighting details including photometrics shall be submitted along with plans for a building permit. As indicated in project application materials, the goals are to keep light fixtures as low as possible in height and to keep illumination levels to a minimum, thereby reducing impacts to the night sky and surrounding neighborhood, but still meeting safety requirements. Code Requirements 1. Building elements shall have a fire - resistance rating not less than Type IIA construction. Resolution No. 10142 (20 (1 v'series) Page 3 2. Construction shall be in conformance with the 2007 edition of the California Building Codes (CBC) based on 2006 IBC, 2007 California Electrical Codes (CEC) based on 2005 NEC, 2007 California Plumbing Codes (CPC) based on 2006 UPC, 2007 California Mechanical Codes (CMC) based on 2006 UMC. Upon motion of Council Member Settle, seconded by Mayor Romero, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, and Mayor Romero NOES: None ABSENT: None RECUSED: Vice Mayor Carter The foregoing resolution was passed and adopted this 19'' day of January, 2010. Mayor David F. Romero ATTEST: C��kr Elama Cano City Clerk APPROVED AS TO FORM: A, Stine Dietrick ity Attorney RESOLUTION NO. 10141 (2010 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE DONATION OF PUBLIC ART SCULPTURE "OH GREAT SPIRIT" WHEREAS, pursuant to receipt of Public Art Application for Privately Funded Art on City -Owned Property, Exhibit A attached herein, owner Don Ernst has offered to donate the sculpture "Oh Great Spirit' to the City of San Luis Obispo; and WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached hereto, all donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by City Council; and WHEREAS, "Oh Great Spirit' is appraised at $90,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby accepts the public art sculpture "Oh Great Spirit' subject to the terms and conditions of Exhibits A and B. Upon motion of Council Member Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19`h day of January, 2010. i Mayor David F. Romero FEN 0 14419 &L Elaina Cano City Clerk APPROVED AS TO FORM: Christine Dietrick City Attorney R 10141 EANEAT "All PUBLIC ART APPLICATION (No Fee) PRIVATELY FUNDED ART ON CITY -OWNED PROPERTY CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis Obispo, CA 93401 (805) 781 -7151 The Donor /owner must complete and sign this application form. If the Donor /owner is not the artist who created the artwork, the artist must also sign this Application below. ARTIST /DONOR: (Name, address, phone #) • bVIVO v D6N .E, 1610ek Hsi /s (2 5€9Q jrA.usQUeY u.)AY Wf5 ?L.'1'ke. V144 -'166 CA 1134ok . ZA AI 1j / !S 6RdSAb l'_A 93401 Q n a - -,99-105.R i TITLE OF WORK: DESCRIPTION OF WORK: (The form must be accompanied by drawings; models, photographs or any other graphic depiction which will help more clearly define the artwork.) rl/ va vt ;rte _ ft /n�f nrz e-A--q( hr�hzr_ MATERIALS /SIZE //: �J',LU� l /4- / ( l /c>�l� /eC / //% J/ k// X *� ,, PROPOSED LOCATION: (For inside or outside installation) 1 ,a9/0cf. i4. AN APPRAISAL OR OTHER EVIDENCE OF THE VALUE OF THE PROPOSED PUBLIC ARTWORK: CJ241 a, EXHISIT "A" PUBLIC ART APPLICATION (No Fee) PRIVATELY FUNDED ART ON CITY -OWNED PROPERTY CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis Obispo, CA 93401 (805) 781 -7151 By signing this Application below and in consideration for participating in the City's Privately Funded Art on City-Owned Property program, the artist/owner hereby acknowledges and waives, pursuant to California Civil Code Section 987(8)(3), any rights and duties created by the California Art Preservation Act codified at California Civil Code Section 987 et seq., or other applicable law. The artistlowner further acknowledges and understands that upon completion and installation of the artwork, and upon its acceptance by the City Council, the work shall become the property of the City. The City retains the right to remove or relocate the artwork in its sole discretion as the interest of the public welfare, health and safety may require. If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature, the City retains the right to remove, restore, repair or replace the artwork at any time in keeping with the artist's original design intent, without consulting the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise or assist in any restoration work. I have read, understand and accept the terms of this Application and represent that &"Plrt� of the artwork which is the subject of this Application. (owner, artist, or owner and.artist) Date: I am the I have read, un erstand and accept the terms of this Application and represent that I am the ae-h of the artwork which is the subject of this Application. (owner, artist, or owner and artist) Date: 2 S (Signature) (AiELL- (Print Name) n O EXHIBIT "A" I For What It's Worth $ Jacqueline D. Marie PO Box 852 Morro Bey, Ca. 93443 TdTax (805) 772-9648 Certified Personal Property Appraiser January 5, 2008 Dear Mr. Ernst; As per your authorization I have inspected, evaluated, researched, and appraised the following item, the property of Don A. Ernst 5882 Salisbury Way San Luis Obispo, California 93401 This appraisal was done to determine the current fair market value for the purpose of a noncash charitable contribution, to be accompanied by an 8283 IRS form. The value set.reflects the fair market value in the current market. The market place would be a fine art gallery, or private party sale. The methods used to determine the fair market value are actual prices paid, and comparable sales results. I inspected and photographed the appraised item on July 23, 2008. The effective date of this appraisal is December 30, 2008. In accordance with my implied fiduciary responsibility to both client and public, I have no present or contemplated future interest in the item described (see certification statement). This document comprises a (1) item inventory, (2) pages of photos depicting the appraised item, biographical information, appraisers statement, fair market value statement, 8283 IRS form, and a professional profile. The value of the item to be donated is $90,000.00. It is my opinion the value given represents fair market value; however, no responsibility, either financial or legal, is assumed. 1. Sculpture — A lost wax process bronze statue, "Oh Great Spirit" depicting an American Indian brave with his hands reaching up to the sky, 12' 6" tall x 42" at base, classic bronze patina, weight 780 pounds, c. 2007. By award winning artist Nell Bannister Scruggs of Thousand Oaks; California. Excellent condition. Value: $90,000.00 Note: Photographs and biographical information provided within this appraisal for further identification of the appraised item. The following reference material was used for research in this appraisal: Genesis Bronze, foundry owner John Kemple Mark Greenaway, sculptor @ 805 -466 -7076 Carolina Bronze Sculpture — Web site Nell Bannister Scruggs on line sculpture gallery Coeur d'Alene Art Auction — Web site Sincerely, Jacqueline D. Marie, AA, MCA USPAP Certified Appraiser US IRS # 77- 0338332 Ilu Nell Banister Scruggs 0, EXHIBIT "A'' Nell was bom in the mountains of western North Carolina and has been pursuing her love of art all her life. Her first work was in oils and pastels and her subjects ranged from seascapes to portraits. Nell spent years in art classes, studying with the Hal Reed (Who's Who in American Art), learning anatomy, perspective, composition and color. "One day he handed each of us a piece of clay, and mine quickly turned into a beautiful head. My clay figures evolved seemingly without effort. I knew I had found my medium." Nell went on to study with western sculptors Elie Hazak and Grant Speed, both recognized as Cowboy Artists of America, and later with world- renowned figurative sculptor Bruno Lucchesi of Italy. She has also taken watercolor classes from Ann Vasilik in North Carolina. "I try to show the feelings we all can appreciate or relate to: the tenderness of a mother toward her child; the power and energy of a wild horse; the grace of a ballerina; the toughness of a weary cowboy or the spirit of a Native American Indian." Nell has exhibited her work with the Golden State Sculptors Association; Loveland, Colorado's Sculpture Invitational; and Summerville, South Carolina's Sculpture in the South; Art After Dark, San Luis Obispo; Jack House and Gardens, San Luis Obispo; Civic Arts Plaza, Thousand Oaks, California. Nell's work has also been exhibited in galleries in Palm Desert, Laguna Beach, Morro Bay and Cambria, California; Portland, Oregon; Provincetown, Massachusetts; Jacksonville, Florida; Santa Fe, New Mexico; and her home town of Asheville, North Carolina. Nell's sculptures can be viewed at www. mcdanitl=ortin &com/gallery.html. Her piece entitled "Oh Great Spirit" has been enlarged by Genesis Bronze in Paso Robles to 13 feet tall and she would be willing to transport and show the piece at next year's Cattlemen's Western Art Show and Sale, should she be accepted as an artist. RESOLUTION NO. 8965 (1999 Series) EXHIBIT "B" A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community groups, and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations: 1. The donation must have a purpose consistent with City goals and objectives 2. The City may decline any donation without comment or cause. 3. The donation will not be in conflict with any provision of the law. 4. The donation will be aesthetically acceptable to the City. 5. The donation will not add to the City's workload unless it provides a net benefit to the City. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. 7. The donation places no restriction on the City, unless agreed to by the City Council. 8. The donation shall become property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking, or naming. Any naming of Parks and Recreation facilities shall be consistent with City policy on the naming of such facilities as set forth in Resolution 8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided. 10. Donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection, and insurance requirements. Upon motion of Council Member Marx seconded by Council Member Ewan, and on the R 8965 EXHIBIT Resolution No. 8965 (1999 Series) Page 2 following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of September, 1999. APPROVED AS TO FORM: or onsA C' orney UP