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HomeMy WebLinkAbout09/01/2009, PH 3 - CERTIFICATION OF THE FINAL EIR, GENERAL PLAN AMENDMENT, ANNEXATION, USE PERMIT AND SUBDIVISION MAP counat j acEnda aEpoizt CITYOF SAN LUIS 0 B I S P 0 FROM: John Mandeville,Community Development Director Prepared By: Philip Dunsmore,Associate Planner SUBJECT: CERTIFICATION OF THE FINAL EIR, GENERAL PLAN AMENDMENT, ANNEXATION, USE PERMIT AND SUBDIVISION MAP FOR THE PREFUMO CREEK COMMONS PROJECT. (GP/R/ER/U/TR 7-07). PLANNING COMMISSION RECOMMENDATION 1. Adopt Resolution A to certify the Final EIR with overriding considerations for air quality, noise, and cumulative impacts. (Attachment 13) 2. Adopt Resolution B to annex the property into the City and amend the General Plan Land Use Map from Interim Open Space to General Retail with the easterly portion of the site to remain open space. The northern 200 feet of the site will remain in interim open space pending review of a potential residential project. The General Plan text is amended to clarify the future land use. (Attachment 14) 3. Adopt Resolution C to approve the use permit allowing a retail store up to 140,000 square feet and eliminating 28,000 square feet of retail space from the project. A revised subdivision map will return to the Planning Commission for review. (Attachment 15) 4. Introduce an ordinance to pre-zone portions of the site to Conservation Open Space (C/OS-5) and portions of the site to Retail-Commercial (CR). (Attachment 18) RECOMMENDATION 1. Adopt Resolution A, as above. (Attachment 13) 2. Adopt Resolution D to annex the property into the City and amend the General Plan Land Use Map from Interim Open Space to General Retail and the easterly portion of the site to remain open space subject to staff recommended conditions to amend the boundary between open space and retail. (Attachment 16) The northerly 200 feet is not recommended as Interim Open Space or housing due to inconsistency with the Airport Land Use Plan for housing. 3. Adopt Resolution E to approve the use permit and a subdivision map based on findings and subject to conditions and code requirements. (Attachment 17) This option maintains the 28,000 square feet of retail space(primarily Anchor Q. 4. Introduce ordinance as noted above. (Attachment 18) Council Agenda Report U GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 2 REPORT-IN-BRIEF The applicants are pursuing approval of an annexation, General Plan Amendment, use permit, and subdivision map to allow the development of a retail shopping center consisting of 188,658 square feet of retail space within six buildings. The proposed zoning would be Commercial- Retail with the eastern portion of the property remaining in open space to be dedicated to the City. The project includes road improvements to Los Osos Valley Road, including new curb, gutter sidewalk and the extension of Froom Ranch Way towards Prefumo Creek. Details of the project can be found in the attached, reduced scale, drawings (Attachment 2). On July 22°d, 2009, the Planning Commission voted 6-0 to recommend the City Council certify the Final EIR, approve the General Plan Amendment, pre-zoning, annexation and use permit for the project (Attachments 6, 7, and 8). As part of their action, the Commission recommended the elimination of 28,000 square feet of retail space; including Anchor C, to create land for a potential future multi-family housing project on a 3.5 acre piece of the subject property bordering the residential neighborhood to the north. The Commission asked that the approximately 3.5 acre piece of property be reserved as interim open space until such a time that the Airport Land Use Plan can be amended to accommodate a multi-family residential project. The Commission also recommended that portions of road improvements proposed for Froom Ranch Way that are not necessary to serve the commercial site be delayed (phased) until the connection to Dalidio is warranted. Due to the complexity of this proposal and how the final subdivision conditions or required amendments would be processed, action on the proposed tentative map was delayed until the map could be amended to respond to the Commission's requests. Following a detailed review of the Commission's action, staff's analysis concluded that the recommendation faces many obstacles and that the 3.5 acres would likely remain as open space for the foreseeable future. Since the property's value as open space is low, and the removal of 3.5 acres significantly impacts the applicant's development plan, staff has created an alternative plan for the Council to consider. The alternative plan increases the amount of permanent open space and delays complete road improvements consistent with the Commission's recommendation. However, the alternative allows the proposed development to move forward without the deletion of anchor C and additional retail space. This alternative relies on the elimination of approximately 35 parking spaces at the rear of the site and the increase in the size of the buffer between the residential neighborhood to the north and the project development in order to increase open space. With minor changes to the mitigation measures incorporated (Resolution A, Attachment 10) the EIR is ready for certification. As is common for any project of significant scale, significant impacts due to noise and air quality and future cumulative impacts cannot be fully mitigated and will require the City Council to adopt overriding considerations if the project is to be approved. The attached Planning Commission Agenda Report, (Attachment 8), contains a complete site description and project description proposed by the applicants as well as a detailed discussion of the project entitlements. The project description does not include the changes recommended by the Commission which include reducing the overall size of the retail floor area by 28,000 square feet. This recommendation is discussed further in this report. r �3 ,�L I Council Agenda Report — `- GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 3 DISCUSSION Proposed Project Land Uses and Entitlements Applicants proposed project The applicants are proposing to develop a new regional retail shopping center on the vacant "gap property" between Los Osos Valley Road and Prefiuno Creek adjacent to the existing auto sales facilities. The development has been named Prefiuno Creek Commons and consists of six separate buildings designed for retail and restaurant use that range in size from approximately 5,000 square feet up to a warehouse retail store of approximately 140,000 square feet. The majority of the site would be dedicated to parking areas designed to serve the retail stores. No development is proposed on the rear portion of the property adjacent to and east of Prefumo Creek. The Prefinno Creek Commons Project includes the following components: 1. Annexation of 31 acres of unincorporated land into the City. 2. General Plan Amendment and Rezoning from Interim Open Space to Commercial-Retail and Open Space. ' 3. Development of a regional shopping center with approximately 188,658 square feet of commercial space with six separate buildings including a use permit to allow a single retail store up to 140,000 square feet. 4. Construction of road improvements on Los Osos Valley Road and construction of the extension of Froom Ranch Way between Los Osos Valley Road and Prefumo Creek. 5. Tentative Map to create 4 private development lots including a 5th lot for the dedication of approximately 12 acres of on-site open space and 2.3 acres of City road right of way. 6. Certification of a Final EIR General Plan Consistency General Retail Land Use The property is currently designated as Interim Open Space and Open Space on the City's General Plan Map. The boundary between interim open space and open space occurs just west of Prefiuno Creek. As defined in the General Plan, the intent of Interim Open Space is to keep the property open until property development constraints are resolved. The constraints to this property include annexation, traffic, flooding, and other issues that are examined in the project EIR. The interim open space area is fiuther defined by General Plan Land Use Element Policy 8.7 that speaks directly to the future land use potential for this property: 8.7 Los Osos Valley Gap This 16-acre site should be developed if land in common ownership to the east is permanently preserved as open space. The following are possible uses for the area designated Interim Open Space: Vehicle Sales P n 3 — 2) Council Agenda Report GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 4 Multifamily Housing An open space corridor, trail, or both, to connect Laguna Lake Park and Prefumo Creek with the Irish Hills. Although the General Plan envisioned various development scenarios for the property, no specific land use was determined, leaving the ultimate decision open until more detailed site planning and analysis is done prior to annexation. Staff has examined each of the land use scenarios listed. Vehicle sales sites are no longer in demand for this vicinity since there are currently four vacant lots available for auto sales on Calle Joaquin. Multi-family housing is not a feasible option since the Airport Land Use Plan limits residential density to only four units. An open space corridor linking to the Irish Hills may not be feasible since the property adjacent to the Irish Hills has now been developed with a regional retail center similar to the one proposed on this site. The land use proposed on this site is consistent with the provisions for General Retail provided by the General Plan Land Use Element(LUE), both in the nature of the use and the location; The LUE describes General Retail land use district as follows: L U 3.1.1 General Retail-Purpose and Included Uses The City should have areas for General Retail uses adequate to meet most demands of City and nearby County residents. General Retail includes specialty stores as well as department stores, warehouse stores, discount stores, restaurants, and services such as banks. Not all areas designated General Retail are appropriate for the full range of uses. L U 3.1.2: General Retail-Locations for Regional Attractions The City should focus its retailing with regional draw in the locations of downtown, the area around the intersection of Madonna Road and Highway 101, and the area around Highway 101 and Los Osos Valley Road. The proposed General Retail land use at this location is compatible with the regional retail uses at the Irish Hills Plaza across the street. It is also compatible with the auto sales to the east, and can be compatible with the residential uses to the west if an adequate an buffer is established to reduce the perception of noise and vehicle traffic that can be produced by a General Commercial land use. Thus, if the constraints to the property can be adequately satisfied by incorporation of the EIR mitigation measures as recommended, a land use designation of General Retail is consistent with LUE Policies 8.7, 3.1.1 and 3.1.2. If the land use designation for the interim open space area west of Prefumo Creek becomes General Retail, the zoning would become Retail-Commercial (C-R) which implements the General Retail land use district. FN 3 -�- Council Agenda Report GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 5 OQpen Space Land Use General Plan Land Use Element Policy 1.12.5, which establishes open space requirements for annexations, provides an open space requirement applicable to the subject property. LUE 1.12.5 requires that the properties generally bounded by Highway 101, Madonna Road and Los Osos Valley Road dedicate land or easements for approximately half of each ownership for preservation as open space. Presuming that 50% of the yet to be developed Dalidio property is preserved as open space, then 49% of the area subject to Policy 1.12.5 will be preserved as open space. Staff and the Planning Commission concluded that 49% meets the "approximately one- half'requirement. LUE Policy 8.8 establishes that at least half of the 180 acres bound by Madonna Road, Highway 101, Central Coast Plaza, and Prefurno Creek is to be preserved as a working agricultural landscape. The project proposes to keep all of the property to the east of Prefumo Creek as permanent open space dedicated to the City. Again, presuming that 50% of the yet to be developed Dalidio property is preserved as open space, then over half of the area described by the policy will be preserved. Therefore, this project is consistent with LUE Policy 8.8. LUE Policy 8.7 specifically maps the area that should be considered for development and the area that is to remain open space. Prefumo Creek creates a natural division on this land creating a logical separation between open space and development as shown on the General Plan map. It should also be noted that the creek, along with a buffer zone of at least 50 feet west of the creek, will be included in an open space dedication that will be deeded to the City. The Planning Commission unanimously agreed that this is the proper interpretation of Land Use Element Policies 8.7 and 8.8. Also refer to Attachments 10, 11, and 12 which graphically illustrate the applicable Land Use Element open space requirements for the project area. Planning Commission Recommendation and Alternative The Planning Commission hearing for the project was held on July 80, however due to significant public testimony and the complexity of the project, the discussion was continued to July 22W. On July 22nd, the Planning Commission voted 6-0 to recommend the City Council certify the EIR, annex the property into the City, and amend the General Plan from Interim Open space to General Retail. However, the Commission's recommendation includes modifications to the land use boundaries to eliminate 28,000 square feet of retail space, delay the complete road improvements and set aside approximately 3.5 acres of the site for a future multi-family residential project(see Attachments 6, 7 and 8). The Planning Commission alternative assumes it will be possible to amend or establish exceptions to the Airport Land Use Plan (ALUP) or that the City Council will override the ALUP. This is because the proposed 3.5-acre area reserved for housing is within a designated flight path that severely restricts residential density. The entire (approximately 19-acre) site west of Prefinno Creek is restricted to a residential density of approximately 4 dwelling units. The Commission envisioned that the 3.5-acre site would develop as a multi-family development with a density close to 18 units per acre, consistent with the City's standards for medium-high density residential (R-3). Without knowing whether or not a residential project could be approved on this oil PH 3 5 Council Agenda Report GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 6 site, the Commission asked that the property be designated as Interim Open Space until a residential project could be approved in the future. If the Airport Land Use Plan cannot be amended for residential development, the Commission's alternative could be modified to include future additional commercial development for this location or the Council could propose other compatible land uses for this area. On August 19th, 2009, the Airport Land Use Commission (ALUC) reviewed and discussed the Planning Commission's alternative at a regular hearing. The Commission discussed the potential for residential development on the project site, and offered feedback to staff on the proposal. The Commission noted that an amendment to the ALUP would probably be required, and it appears that the maximum number of units would be limited to approximately 24. The ALUC expressed interest in examining the residential option in further detail should the City Council choose the Planning Commission alternative. However, the Commission noted that at this time the ALUP does not allow residential development at this location, and an amendment to the ALUP would be a significant hurdle. ....., Approximately ` 3.25 acres s ..............................i Prefamo Ge Creek �SQa 1�0 �O <� Open Space General Retail ......................................................... Approximately Approximately 12 acres 16 acres ... ........................................... ....................................................... toa v Planning Commission Recommended Alternative The Commission's recommendation to eliminate 28,000 square feet of retail space was in response to potential traffic impacts, potential impacts to the balance of jobs to housing, and to avoid construction of the extension of Froom Ranch Way to Prefumo Creek without assurance that a connection through the Dalidio property will be acquired in the future. Additionally, the Commissioners were responding to the fact that General Plan Land Use Element Policy 8.7 discusses the possibility of housing at this site. In response to the Commission's action, the environmental consultant (AMEC) prepared an analysis of the land use alternative (Attachment 9). This analysis concluded that the amendments would initially result in a reduction of environmental impacts, however additional environmental analysis would be warranted when a PH3-6 Council Agenda Report GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 7 residential project is ultimately proposed for the property. If the City Council adopts the Planning Commission alternative but determines that a residential project is not feasible at this time, the 3.5 acre property would be designated as Interim Open Space. The property owner would have to return to the City at a later date to apply for a General Plan Amendment in order to develop the property with an alternate land use, or the property would remain as open space. The property's value as open space is low because it does not contain any natural resources, scenic vistas, creeks, wetlands or other features. Instead, the flat piece of land is former agricultural land that would be too small and too close to residential uses to be maintained as agriculture. If it is determined in the future that its best use is commercial, the compatibility between existing residential properties and commercial uses may be of concern and the amount of land available to develop a significant commercial use with sufficient parking will create a challenge for site planning. Other options could include a mixed-use alternative where several housing units are developed above commercial space. In any case, additional environmental review would be required. Whether the Council chooses to designate the 3.5-acre property as interim open space or residential, the remainder of the development plan, including the 140,000 square foot retail space, would be able to move forward without anchor C and without extending Froom Ranch Way to Prefumo Creek. The Commission recommended approval of a use permit to allow a retail store up to 140,000 square feet. However the commission did not take action on the proposed tentative map because the land use changes they recommend will substantially affect the tentative map being proposed. Instead, the Commission asked that a modified tentative map, reflecting the proposed land use changes,return to the Commission for review at a later date. Staff Recommended Land Use Alternative In reviewing the Planning Commission recommended alternative, staff has concluded that the alternative site design is not feasible unless there is some existing evidence that multi-family housing can be allowed. Reserving a site for a land use that is not likely to be allowed by the ALUP, in essence, designates the land as permanent open space. It is too small to be maintained as a viable commercial or agricultural property and does not have significant value as open space. If it is available for housing, compatibility with adjacent single family and its proximity to a large retail center will create a substantial design challenge. Finally, if it is determined later that residential land use is not possible, relocating the extension of Froom Ranch Way as proposed by the Planning Commission will compromise the ability of additional retail to function as a part of the whole center. Since approval of a housing project is unlikely, staff is recommending the City Council consider another alternative site plan that achieves some of the Planning Commission's intent, but does not include the addition of residential land use where it is currently prohibited by the ALUP. This alternative increases the amount of open space on the site by approximately 2 acres, eliminates approximately 35 excess parking spaces at the rear of the site, and delays the full improvements of Froom Ranch Way until the connection through the Dalidio property is �H 3 -� Council Agenda Report GPAUTR/U/ANNX 7-07 (11980 Los Oso§Valley) Page 8 warranted. The staff recommended alternative maintains a landscape buffer of at least 75 feet between proposed improvements and the existing residential properties and provides land for project amenities such as pedestrian paths and drainage/water treatment facilities. The alternative also increases the distance between site improvements and Prefumo Creek. Anchor C and the remainder of the applicant's proposed development plan are included in staff recommended alternative. The applicant would be responsible for reserving the right of way and guaranteeing the funds to construct the complete road improvements for Froom Ranch Way to Prefumo Creek should that be necessary in the future. Contributing to the cost of the bridge across Prefumo Creek would also be required. added Open Space S � L � °F Approx. 1 acre Reserved right 1 of way .75 acre Permanent Open Space buffer Prefumo O 9 i LO <1 Creek ` OL 9 j CONSERVATION/ RETAIL-COMMERCIAL (C-R) I OPEN SPACE C/OS-5 ......................................._.......... , ti Approximately \`• 13 acres APProximatelY.....: i ................................. 16.5 acres :...................................................i rr P \ r� Staff Recommended Alternative Road Improvements: Why or Why Not? Staff has analyzed the question of whether or not the full road improvements of Froom Ranch Way should be built all the way to Prefumo Creek or whether the improvements should only be completed so as to serve the proposed development while requiring the applicant to be responsible for the complete improvements in the future. At the Planning Commission hearing, the term "road to nowhere" was a common theme. Concerns were voiced over a future road that PH3_g Council Agenda Report - GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 9 would be constructed through open space. It is important to note that while there is some opinion that the Froom Ranch Way connection is only required for these two commercial developments, all traffic analysis indicate that this roadway connection between LOVR and Dalidio Drive will be necessary regardless of the land use associated with this project or the future Dalidio site. The street connection is essential to alleviate additional traffic buildup that is occurring along LOVR and Madonna (see discussion later of these corridors) and not require significant street widening and impact pedestrian, bicycle or adjacent neighborhoods along these roadways. General Plan Circulation Element policy requires that road improvements occur along with development: 9.0.1: New Development "New Development will be responsible for constructing new streets, bike lanes, sidewalks,pedestrian paths and bus turn-outs or reconstructing existing facilities. " However, phasing of the improvements can be approved by the Council as long as implementing the final improvements can be accomplished in time to address circulation needs when necessary. There's no question that this development creates the nexus to require road improvements along the entire frontage of the property which includes the length that extends between Los Osos Valley Road and Prefumo Creek. The actual alignment of the road is not identified in the Circulation Element however,Policy 9.1.8 identifies the need for the road connection: 9.1.8 Dalidio/Madonna Road/McBride Development As part of any proposal to further develop the Dalidio-Madonna-McBride Area, the alignment and design of a road connecting Prado Road(west of Route 101) with Los Osos Valley Road shall be evaluated and established. The EIR for the Marketplace project established the location and need for the collector road connection across this area and it has been reconfirmed in planning efforts over the last six years including the Los Osos Valley Road Interchange environmental review. Modeling and traffic assessment of any connection accessing Calle Joaquin has shown to have significant additional impacts at the Los Osos Valley Road interchange due to its close proximity to the interchange. Therefore, the access at Froom Ranch Way and LOVR is the only logical location for area road connection and needs to ultimately be constructed to accommodate area traffic. The timing of the road connection and specific location across the Prefumo Creek Commons and Dalidio properties are flexible to some extent since the actual alignment does not follow a property line. For that reason, it is possible to delay the completion of the extension of the road across the entirety of the Prefumo Creek property until it is necessary for area circulation needs. Staff anticipates that the initial improvement that will be completed for Froom Ranch across the project area will terminate in the vicinity of Building C,but that bicycle, pedestrian, drainage and landscaping will be installed to connect to the back area of the Prefumo Creek Commons project area. Environmental Impacts/Plan Alternatives The Planning Commission determined that the EIR provided sufficient information to consider the proposals potential impacts. In the review of the EIR, the Commission modified several of the mitigation measures and determined that overriding considerations would need to be adopted for Air Quality, Noise and Cumulative impacts. The Commission also discussed whether the impacts to greenhouse gas emissions were significant and unavoidable and needed overriding PQ-9 . Council Agenda Report - GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 10 considerations. Lacking City or State adopted thresholds, however, it was not possible to determine the level of significance and therefore it was not appropriate to classify these impacts as significant and unavoidable. Because green house gas emissions are an issue of state-wide importance, the EIR recommended mitigation measures to reduce them. The Commission was clear and unified that the project did not result in significant impacts to traffic associated with Laguna Village shopping center and that this existing traffic issue warrants separate analysis. With these minor changes, the Commission believed that the EIR adequately addresses the environmental impacts of the project. The EIR evaluated environmental impacts for potential land use alternatives such as auto sales, a residential project, an open space/agricultural project or a mixed-use project. The auto sales alternative was discarded due to the lack of market demand for this land use and fact that there are approximately 50 vacant acres already dedicated for auto sales. The residential scenario was also discarded due to the Airport Land Use Plan's restrictions on density and due to inconsistency with project objectives. Preservation of the site as agriculture was also rejected by the EIR analysis since the General Plan identifies this site as appropriate for development. However, the EIR does analyze several mixed-use scenarios for the site. The EIR concludes that a mixed-use scenario will reduce traffic impacts, however other impacts such as noise, aesthetics and biological impacts will be the same or greater than the proposed project. The EIR references an "Improved Site Design Alternative" that reduces overall environmental impacts and increases consistency with the General Plan. Although this design may have aesthetic design improvements it still does not meet the project objective since it does not meet the applicant's goal of providing a tenant space for a large retailer of 140,000 square feet. Therefore, staff has concluded that the modified version of the applicant's proposal as discussed on page 5 above, is the preferred alternative. This alternative reduces environmental impacts while meeting the project objectives. Hydrology(site drainage) A significant amount of research has been devoted to hydrology for this property due to the unique circumstances of the region and the requirements set forth by the Regional Water Quality Control Board. Adequate movement of stormwater to avoid flooding, and adequate treatment of water leaving the site are the two main concerns for this property. A large portion of the property nearest the auto dealers and Prefumo Creek is within a 100-year flood zone. The development will be required to bring up the level of the site so that buildings will be at least one-foot above the flood-zone. This will require the import of significant fill material. At the south east corner of the property, the finished development site will be several feet higher than the existing topography. The initial concern is that this development will displace floodwaters therefore exacerbating flooding downstream where Prefumo Creek bisects San Luis Creek beneath Route 101. However, based on extensive analysis,the floodwater models produced by the project engineers prove that if the floodwater is not retained on site there are minimal impacts to downstream flooding. If the water is retained, however the timing of the floodwater may match the timing of floodwaters coming from the overflow of Laguna Lake, therefore increasing the potential of flooding near Route 101 and Los Osos Valley Road. To avoid this concern, the site is designed to eliminate floodwater quickly so asto avoid significant A43_I0 Council Agenda Report GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 11 flood impacts. Contrary to this design approach, the Regional Board would like to ensure that all of the developed site's water is retained and absorbed into the site rather than be treated by bioswales or mechanical water treatment devices such as those proposed. However, due to the extremely clayey soils, high water table and flood timing situation described above, there are significant physical constraints to retaining and absorbing all of the flood water. Instead, the City is requiring that on-site drainage be treated in compliance with the City's Waterways Management Plan which includes on-site storm water treatment with the use of bio swales, mechanical water treatment devices and other best management practices that clean storm water yet still allow off- site storm flow into Prefumo Creek. Additionally,the applicant will be proposing treating off-site stormwater entering the site from Los Osos Valley Road to improve the existing drainage condition. As conditioned, the project is consistent with City policy, however compliance with Regional Board standards has not been verified and cannot be verified until project entitlements have been issued by the City and the applicants complete their permit process with the Regional Board. Completion of the permit process with the Regional Board may result in modifications to the proposed civil drawings in terms of water quality treatment. Traffic and.Laguna Village Shopping Center The EIR concludes that traffic impacts will be less than significant following the project development when mitigation measures are incorporated. Of primary interest is the intersection at Los Osos Valley Road and Madonna Road. At this intersection, the EIR concludes that the project has the potential to reduce the level of service at this intersection from acceptable to unacceptable levels during the evening peak hour (generally between 5 and 6 PM) however, the impact only exceeds the City's LOS standard by a very small amount(approximately 3/10 second on average during the peak hour). The EIR identifies several options to reduce this impact, and lists a "toolbox" approach to feasible mitigations. These options include widening Los Osos Valley Road to 3 lanes northbound at Madonna Road, deferring development by approximately 28,000 square feet to allow the City to study other options to improve the intersection, or allowing the project as proposed and adopting an overriding consideration for traffic. Of these options, widening Los Osos Valley Road adjacent to the City's fire station appears to be the most feasible option that will improve the level of service at this intersection to acceptable levels and clearly offset project specific impacts. At the Planning Commission hearing, significant testimony was received regarding traffic associated with Laguna Village shopping center. This issue is discussed in detail in the attached Planning Commission staff report. In summary, the owners of the center are concerned that the addition of the Prefumo Creek Commons project will worsen the access to the shopping center. The EIR has evaluated this issue and has concluded that the proposed project is not anticipated to create additional significant traffic impacts at Madonna Road and Pereira Drive or at Los Osos Valley Road and Royal Way. Proposed mitigation measures may actually increase levels of service beyond today's existing condition. Following a review of the testimony and the facts, the Planning Commission unanimously stated that the existing traffic condition at Laguna Village Shopping Center and potential operational and safety decisions are a separate matter from the Prefu no Creek Commons project. Traffic issues associated with the shopping center will be PH3-11 Council Agenda Report - - GP/R/TR/U/ANNX 7-07 (11980 Los Osos Valley) Page 12 reviewed in conjunction with the annual Traffic Safety Report by the City Council on September 15th However, the owners of the Laguna Village Shopping Center maintain that the EIR is not adequate in its conclusions. The issue of when professional expert opinion and conclusions differ on a project has been addressed in the CEQA Guidelines and upheld by several court cases. An EIR is not legally inadequate simply because there is a dispute regarding conclusions reached by various experts whose studies were incorporated in the EIR, even where these different conclusions can reasonably be drawn from a single pool of information. In these instances, the EIR need only summarize the main points of disagreement and explain the lead agency's reasons, if any, for accepting or rejecting one set of judgments over another. The final EIR does this regarding the LVSC issues and their relationship to the intersection of Madonna/LOVR. Housing The City's Inclusionary Housing Requirement for the project is two affordable dwelling units per acre of commercially zoned land, or 34 units. The requirement can be met by building the units on-site or off-site, by rehabilitating existing units and converting them to affordable units, by paying an in-lieu fee equal to 5% of the project construction cost, or by dedicating land that is valued at least as high as the amount of the in-lieu fee and of sufficient size to accommodate the required number of units. During the entitlement process, the applicants have worked with the City's Housing Programs Manager to identify a site suitable for acquisition and construction of affordable units, but no viable sites have been identified at this time. The Planning Commission's alternative provided a window of opportunity to reevaluate the potential for building the required affordable housing units on-site. However, after meeting with the Airport Land Use Commission (ALUC) it has become clear that the number of units that could be constructed on-site would be less than required by the City's Inclusionary Housing Ordinance. Even if the ALUC were to approve an amendment to its plan, it appears that the maximum density of residential development on the site would be 12 units per acre, which is not sufficient to make an affordable housing project economically viable. As a result, staff is recommending that the project be approved with a requirement to pay the in-lieu fee, which is expected to be over $1 million. However, if the applicant is able to identify a suitable off-site location for affordable housing before building permits are issued for the project, then the Community Development Director would have the option of approving the off-site units instead of the fee requirement. CONCURRENCES Other City departments including Public Works, Utilities, Fire, and Natural Resources have been involved in the drafting of the EIR and the review of the project through the development review process. Input from other City departments has already been included in the proposed project conditions. At this time, the Public Works Transportation Division concurs with the proposed traffic mitigations and the Natural Resources Manager agrees with the proposed open space dedication, creek setbacks, and proposed treatment of creek and wetland areas. Additional discussion can be found in the attached Planning Commission staff report. P_N 3-1 a-- Council Agenda Report GP/R/TRIU/ANNX 7-07 (11980 Los Osos Valley) Page 13 FISCAL IMPACT Annexation of the property into the City and development of a retail shopping center as proposed will result in the completion of necessary public improvements and will result in ongoing increases to annual City tax revenue. The addition of the primary anchor in the retail center is estimated to result in $500,000 to $600,000 in annual sales tax revenue with additional revenue potential for the other retail pads. ALTERNATIVES 1. Approve the project as proposed by the applicants, retaining anchor C, retaining the parking and site plan as proposed and determining whether the Froom Ranch Way road improvements should be completed along with the project or delayed until the construction of a project on the Dalidio property. Under this alternative, the Council would take action on the map and all other project entitlements as described within the Planning Commission staff report. 2. Approve a resolution denying the proposed project, based on findings of inconsistency with the General Plan. 3. Continue review of the project with specific direction to the applicant and staff. ATTACI VIENTS: Attachment 1. Vicinity map Attachment 2. Reduced scale development plans Attachment 3. ARC meeting minutes,November 17, 2008 Attachment 4. ARC meeting minutes,June 15, 2009 Attachment 5. Community Design Guidelines Chapter 3.2 Attachment 6. July 8, 2009 Planning Commission meeting minutes Attachment 7. July 22, 2008 Planning Commission meeting minutes Attachment 8. July 8 and 22 Planning Commission staff report Attachment 9. AMEC analysis of Planning Commission recommendation Attachment 10. Graphic illustration of Land Use Element Policy 1.12.5 Attachment 11. Graphic illustration of Land Use Element policy 8.7 Attachment 12. Graphic illustration of Land Use Element policy 8.8 Attachment 13. Resolution A,certifying the final EIR Attachment 14. Resolution B, amending the General Plan map and text as recommended by the Planning Commission Attachment 15. Resolution C,approving the use permit as recommended by the Planning Commission Attachment 16. Resolution D,amending the General Plan map Attachment 17. Resolution E, approving the use permit and subdivision map Attachment 18. Ordinance introducing zone change Council Reading File: Public Works Memo and 11"X IT'plans. 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Bi. ��6 Y (A Cd N } R r ca y UCL R f N C 0 U �K3 -35 = Mt10- 41811.1.8 2 JillS a3 63g a 4xepggSB�'• g�Eal a�M ax asi €R -j 141 30 i gl"3a ag��'3e � E�-x�� n: a$ & R � page'+ UJo �r, y y@! i m id fit g �1y� q ys�egp�}pap IL F r o V i❑ aIL u p t I 11a,"� 44 'tp ? ifncMe + aae ts Y o _�2! �� r +- _� Ilr :5 {•{/7 FI O n` � � ° a v i v f o x x Et 4 m 5g V] jt OZt ry 1� I tVOY Q74 9 x a a e k a ��n,( ♦"pYa<.��..�i1 ALYAYi Ddx — lE _ -^.- K g .r-ie I.. , Nm Ir 4ihkkk i ( ,gym I, Il ua Vo ? a0 ca L\ I ah c '3 4 1! cadadd i I o k a a 33-.36 ARC Minutes Attachment 3 November 17, 2008 Page 3 ABSENT: Palazzo The motion passed on a 6:0 vote. 2. 11980 .Los Osos Valley Road. ARC 7-07; Conceptual review of a new commercial retail center on the GAP property known as PerFumo Creek Commons.. Phil Dunsmore, Associate Planner, presented the staff report, recommending that the project be continued to a date uncertain with_direction. He presented the revised site plan and building elevations and discussed the Commission's previous comments highlighting applicable sections of the Community Design Guidelines. He noted how revised plans have responded to some of the ARC's prior direction but that significant changes to the project, especially the addition of a 140,000 square-foot. tenant, create potential challenges in complying with the Community Design Guidelines. PUBLIC COMMENTS: Steve Rigor, project architect with Ams Studio, provided a summary of the major changes to the project design since the ARC's first conceptual review of the project on February 11, 1008. He noted that the Anchor E was now proposed as a Target store and that the overall size of the building had increased substantially. He mentioned that the location of this largest anchor was farther away from the residential neighborhood and that there were about 100 fewer parking spaces now proposed. He highlighted the facts that the landscaped buffer between the project site and the neighborhood was about 40-50 feet deep and that there would be.no vehicular access to Oceanaire from Froom Ranch Way. He explained that the building design had been revised to be more contemporary and stressed that articulation was provided on al four sides of buildings where they are visible. Commr Howard asked why Target was not positioned closer to Los Osos Valley Road. Mr. Rigor responded that the anchor's operational criteria required that they provide a "parking bubble" in front of the store, meaning that their field of parking is visible to their front door. He added that the parking, as proposed, helped to avoid dead space at back. Commr. Weber asked if Target could have more than entrance to the building. Jay Richardson, representative from Target, responded why Target operates with a single entrance because of security and safety reasons. He added that an entrance on the north side would not be workable. He confirmed the need for parking to be available to customers between the building entrance and the street. Patti Whelen, Whelen Consulting, summarized the changes made to address the ARC's previous concerns with architectural style, landscaping, and the parking lot design. fl� �37 ARC Minutes '� Attachment1Noember 17,2008 �J Page 4 Theodora Jones, noted that the loading dock for Anchor C was located too close to the neighborhood and that she would prefer to see the restaurants more accessible to the neighborhood. She suggested moving Anchor C closer to the street and having berms added to landscaped buffer area. She stressed that building architecture should not be "cutesy" and that buildings and parking lots need to be functional to insure that the businesses survive. Marie Dixon, adjacent resident, was not supportive of a pedestrian connection between the project and the Oceanaire neighborhood. Clint Pearce, representative of the property owner, has no problem with incorporating berms into the buffer design and will address the delivery times with tenants that residents are concerned with. He noted that they will provide on-site security that will respond to some of the concerns with loitering and that the shopping center management is equipped to respond to noise complaints. COMMENT AND DISCUSSION: Chairperson Root recommended that the delivery times be controlled to minimize the impacts to nearby residents. He supported retaining the pedestrian connection between the site and the neighborhood. Pam Ricci noted that delivery times can be restricted as part of the required use permit and conditions followed up on through code enforcement. Phil Dunsmore mentioned the many benefits of the pedestrian access and the General Plan policies and Community Design Guidelines that support providing these types of accesses. Vice Chair Wilhelm, noted that he supports the site plan as submitted because it works better for the scale of the proposed Anchor C to have it set back farther from the street. Commr. Howard stressed that her issues with the site plan design were related to consistency with the Community Design Guidelines, but acknowledged that many of the changes had responded well to previous ARC direction. Phil Dunsmore pointed out how interpreting the applicable guidelines pertaining to the site plan design become a balancing act between maintaining views and minimizing the visual impacts of the parking lots Commr. Duffy supported the site plan in general, but suggested the idea of adding another building pad near Los Osos Valley Road to the parking field in front of Anchor E. He noted that the left elevation of Anchor E Was not articulated as well as some of the smaller pads and that there should be harmony, rather than competition between the various building designs. Commr. Weber supported the proposed site plan given the ambiguity of the Community Design Guidelines regarding setbacks of large anchors from the street. P 4 3 -3B` November ov n bes NARCov - Attachment 3 ember r 1 17,2008 Page 5 In summary, Commissioners felt that the proposed site plan was justified but could be improved by the addition of another commercial pad adjacent to Los Osos Valley Road and by the incorporation of additional landscape and other treatment between the main anchor and the street. They supported the revised plan circulated by the applicants showing a trellis feature at the edge of the parking area, and the verbal proposal to reconfigure the loading dock for Anchor C. They confirmed the need for minor changes to the north elevation of Anchor E and expressed the desire for the architecture of the anchor and pad buildings to be complementary to one another in terms of quality, details, and finish materials. On a motion by Com mr. Duffy, seconded by Commr. Weber, to continue the item to a date uncertain with the recommended direction provided by staff and with the following changes and-amendments: Explore the possibility of an additional building pad near Los Oss Valley Road at the central entry driveway: Plans submitted for final architectural review shall include elevations that create harmony between the architectural design of the anchors and pads in terms of quality, details, and finish.materials: Include undulating berms to create variation and interest in the landscape buffer proposed to the north of Froom..Ranch Way and provide additional screening for the residential neighborhood to the north: and Revise the truck loading dock for.Anchor C so that it is oriented 90 degrees from its orientation shown on plans submitted for the 19-17-08 ARC meeting_ so that it is facing south. Ayes: Commrs. Duffy, Weber, Howard, Hopkins, Vice Chair Wilhelm, and Chairperson Root Noes: None Recused: None Absent: Cmmr Palazzo The motion passed on a 6:0 vote. 3. Staff: A. Agenda Forecast Pam Ricci gave an agenda forecast of upcoming projects for the December 1, 2008 meeting. 4. Commission: A. Minutes of November 3, 2008 were approved as submitted. B. Recent Project Review - Lessons Learned The Commission asked staff to insure that colored elevations depicting proposed color palettes for buildings accompany plans submitted for final architectural review approval. They also mentioned that actual material samples of proposed brick and �K3 -37 Attachmont 4 DRAFT SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION MINUTES June 15, 2009 ROLL CALL: Present: Commissioners Jim Duffy, Suzan Ehdaie, Steven Hopkins, Chris Weber, Greg Wilhelm, Vice-Chair Anthony Palazzo, and Chairperson Allen Root Absent: Commr. Wilhelm Staff: Senior Planner Pam Ricci, Associate Planner Phil Dunsmore, and Recording Secretary Janet Miller ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments made from the public. PUBLIC HEARINGS:. 1. 11980 Los Osos Valley Road. ARC 7-07; Conceptual review of a new commercial retail center on the "GAP" property known as Perfumo Creek Commons; Irish Hills.Plaza East, LLC, applicant. (Phil Dunsmore) Phil Dunsmore, Associate Planner, presented the staff report, recommending to continue the item to a date uncertain, following approval of the Final EIR by the City Council, with specific direction to the applicant on site planning, building elevations, and landscaping. Commr. Weber asked if there had been any other businesses in the vicinity that had approved pole signs. Staff replied that the new Marriott and some car dealerships had pole signage. Steve Rigor, applicant representative, explained the major project changes to the site plan and building elevations that had occurred by comparing boards displaying the prior and current plans. In response to a question from Commr. Weber about shifting Anchor C further to the west, Mr. Rigor noted that it would give the center more of a strip mall appearance by having the anchors more in alignment, rather than staggered. Chair Root requested information on how the bio-swale along Froom Ranch Way would be installed and operate. Peter Miller, civil engineer with the Wallace Group, indicated that the bio-swale would collect drainage along the roadway and would work in conjunction with the sound wall. �K3 -fib F Attachment 4 Draft ARC Minutes June 15,2009 Page 2 Chair Root requested clarification on the amount of parking shown on plans and how it conformed to City standards. Mr. Dunsmore noted that with big box centers there is both a minimum parking requirement and a maximum threshold of one space for each 200 square feet of floor area. He pointed out that the parking as shown exceeds minimum requirements by about 200 spaces. Mr. Rigor explained that the requirements of potential tenants dictate the large numbers of parking spaces proposed, Chair Root requested clarification on the number of cart corrals. Mr. Rigor discussed that the number was a stipulation of the Target Corporation. Commr.. Ehdaie requested the access information from Home Depot to Target. Mr. Rigor replied that it was via Froom Ranch Way. Commr. Duffy asked if there was a bus stop at the location. Mr. Rigor noted that there was a bus stop next door at Coast Nissan/BMW and that they might upgrade that stop as part of the project. Commr. Hopkins asked if the suggestion to have more variation in the parapet heights of Anchor A was being considered. Mr. Rigor indicated that since the overall height of the building had been reduced that he did not see an issue to possibly raise portions of the parapet. Commr. Duffy asked if the applicant had prepared a photo-simulation of the project from Highway 101. Mr. Rigor replied that this could be provided for final architectural review. PUBLIC COMMENTS: Theodora Jones, San Luis Obispo, noted concern for the design bio-swale and suggested that a bus stop location be added near Anchor C to better serve the adjacent neighborhood. She supported shifting Anchor C further to the west where it be across from the school and less obtrusive the neighbors. She was concerned with transients and homeless camping in the area. She supported an 8-foot high wall, but noted concerns with security behind the wall and the rear of homes, and wanted neighbors to be able to construct fences in this area. Marie Dixon, San Luis Obispo, was opposed to the proposed pedestrian walkway near Oceanaire because of the potential for more transients to enter the neighborhood. Anthony Halderman, San Luis Obispo, supported a wider buffer zone, an 8-foot wall, and bicycle facilities. Clint Pearce, San Luis Obispo, applicant, responded to some of the issues that came out during the public hearing. He explained how the bio-swale would be installed and would look attractive similar to the one on use at Home Depot. .He felt that there was flexibility to work out solutions for fencing behind the noise wall. He noted that the n 1 { -� ( Draft ARC Minutes ��_ � ,.__; Attachment 4 June 15,2009 Page 3 center would have an active security force to address noted concerns with transients and other issues. Phil Dunsmore explained that there are many General Plan policies that endorse connectivity through pedestrian connections and pathways. He pointed out that the proposed pathway near Oceanaire is an example of how the project will be improving connectivity. . COMMISSION COMMENTS: The Commission generally followed the directional items included in the staff report with a few changes. Staff responded to questions regarding restrictions on deliveries and parking quantities noting that these issues would be specifically addressed by the Planning Commission and City Council with their reviews of the required use permit. After some discussion weighing the pros and cons, they decided to eliminate the directional item to consider shifting the footprint of Anchor C; the building closest to the nearby residential neighborhood, further to the west. Commr. Duffy noted that a staggered site plan was visually more pleasing, and Chair Root pointed out that the current plan provided better sound attenuation and privacy by having a wall, rather than parking area facing the neighborhood. The Commission added directional.items for a photo-simulation showing the project from Highway 101 and asked that story- poles be set up to illustrate the height of the planned noise wall along Froom Ranch Way. Phil Dunsmore explained the dilemma with tree planting at the site to both provide screening of the parking lot areas, but also maintain views of scenic corridors. Chair Root supported the clustering of trees as technique to achieve both goals. Commr. 'Ehdaie requested clarification on the storm drainage sites. Mr. Dunsmore noted the drainage, wetland and detention areas. The City is still looking at how best to address the regional concerns of the site plan. The Commission briefly discussed signage options. A majority indicated that they did not support pole signage. However, the Commission did not specifically include a prohibition on pole signage as direction, preferring to await review of a specific sign program before rendering a final judgment. Commr. Weber noted that the wall surrounding the loading dock of Anchor C might need to be increased in height above 8-10 feet to adequately mitigate noise. On .motion by Commr. Weber, seconded by Commr Palazzo to continue the item to a date uncertain, with.the directional items included in the staff report withthe following changes: eliminate Item.#2 . modify Item # 3 to read` "Consider further reductions to the Proposed number of parking spaces to provide additional pedestrian amenities or landscaping, including but not limited to a pedestrian path to connect pad H to Anchor E.": and add two new directional items which read: "Add a photo-simulation of the proiect as it will be viewed from.Highway 101." and "Install story poles to establish the PK 9 - 4ot Draft ARC Minutes .—T A1t3ChfY1Cf1t 4 June 15,2009 Page 4 preferred wall height adiacent to the existing residential neighborhood at the edge of the Proposed Froom Ranch Way extension." AYES: Commrs. Duffy, Ehdaie, Hopkins, Weber, Vice Chair Palazzo and Chairperson Root. NOES: None RECUSED: None ABSENT: Commr. Wilhelm The motion passed on a 6:0 vote. 2. Staff a. Agenda Forecast — Pam Ricci provided an agenda forecast of the July 61�' meeting. b. Upcoming Joint ARC/CHC training — review tentative agenda and schedule for workshop on architectural compatibility and historic preservation. Pam Ricci provided background on the proposed training including the planned agenda. The Commission asked staff to send out a follow-up e-mail regarding attendance at the event once firm dates were selected. Commr Palazzo mentioned that it would have been approved to use a California consultant for the training, rather than a firm from Boulder Colorado. 3. Commission: a. Minutes of April 20, 2009 The minutes of April 20, 2009 were approved as submitted. b. Recent Project Review- Lessons Learned The ARC questioned changes made to the Frog & Peach Pub on Higuera Street and their consistency with the Community Design Guidelines and previous approvals. Commr. Duffy suggested that if there are no regular agenda items to hear on a scheduled meeting date that the ARC might look at a field trip to visit.and discuss various projects. He also asked that staff reiterate the desire for ARC members to have agendas and other correspondences sent to them by e-mail, rather than hard copies through the mail. ADJOURNMENT: The meeting adjourned at 7:30 p.m. Respectfully submitted by, Janet Miller Recording Secretary Attachment 5 San Luis Obispo Community Design Guidelines 3.2—Ume-Scale Retail Projects 3.2-Large-Scale Retail Projects The City welcomes retail commercial development projects that are pedestrian-oriented,of"human scale,"and reflect the architectural styles and features common in the city's most attractive commercial areas. Large-scale, monolithic"big-box"structures surrounded by extensive parking lots are not considered acceptable. These guidelines describe the City's expectations for quality and excellence in the design of large-scale retail projects. Project designers must also comply with the standards for large scale retail projects in the City's Zoning Regulations,which limit the maximum floor area of these businesses,provide special parking requirements, and impose other requirements. For the purposes of these guidelines,a"large-scale retail project"is one with an individual building in excess of 40,000 square feet. Guidelines in other sections of this document may also apply to large-scale retail projects. See also the General Design Principles in Chapter 2,Chapter 6 for guidelines on site planning and other design details(for example,vehicle LU and bicycle parking,signs), and the Airport Area Specific � e Plan for design guidelines addressing that particular part of the community. A. Site planning. Project site planning should ^ax emphasize pedestrian-oriented features,even though > ' most customer trips to these facilities may be by auto. I. The layout of buildings and parking on the MAJOR STREET site should emphasize a strong relationship to adjoining streets, and encourage pedestrian circulation and access between the buildings Figure 3-9—Emphasize Relationship with Street, and the street. Buildings should be placed Locate Most Car Parking to Building Side or near the street frontage on streets with slower Rear traffic speeds and a pedestrian orientation, , but may be located farther from a wide street with higher traffic speeds. The placement of buildings should also consider solar orientation, and the protection of outdoor -t pedestrian areas from the wind. See Figure 3-9. r � .: 2. Site planning should include an outdoor use area or focal point adjacent to major building entrance. The area should provide public amenities such as a water feature, benches, landscaped areas,public square,etc.Projects with two or more structures should group thet�llnTrr7TTi i buildings to define this space. See Figure 3- 10. Figure 3-10—Create a Focal Point Chapter 3—Commercial&Industrial Project Design May J 2008 23 P ` 3_ 1�[ I4 Attachment 5 San Luis Obispo Community Design Guidelines 3.2—Laree+Scale Retail Projects 3. When the site is located on a street or road identified as scenic in the Circulation or Open Space Element,the building layout should also provide views through the property to the background hills and/or other natural features highlighted by the Circulation or Open Space Element: 4. Building walls visible from Highway 101 should be stepped instead of appearing as a single continuous plane,and allow for clusters of evergreen trees and other extensive plantings in the foreground. See Figure 3-14(page 31). B. Parking areas. Parking lots should be designed to be equally pedestrian and vehicular oriented, as follows. See Figures 3-11 and 3-12, and the specific guidelines for vehicle and bicycle parking facilities in Chapter 6. 1. Location and design of parking. Parking should not be the dominant visual element of a site. Large,expansive paved areas between the building and the street are to be avoided in favor of smaller multiple lots separated by landscaping or buildings, or located to the sides and rear of buildings. No more than 50 percent of the parking required for a building may be located between the building and the street. 2. Landscaping. Parking areas should include substantial landscaping,,including trees planted in an'orchard"layout. See Figure 3-11. Extensive landscaping throughout parking areas and the project site is highly desirable because landscaping can soften the appearance of large structures, assist in energy conservation by reducing heat gain by buildings adjacent to large asphalt areas, and make walking around the site a more pleasant experience for pedestrians: 3. Pedestrian routes. Safe and direct pedestrian routes should be provided through parking areas to primary entrances,and designed as noted under"Pedestrian Circulation." 4. Overflow and employee parking. Where appropriate because of site characteristics, surrounding land uses,and project site planning,parking areas intended for employees and peak- season overflow may be allowed to have screening perimeter landscaping only,with no internal plantings,provided that these parking areas are located behind the main structures and not readily visible from streets or residential areas. 5. Shopping carts. Parking areas shall include shopping cart corrals where carts can be dropped- off without obstructing vehicle,bicycle,or pedestrian traffic movement,or being left in landscape planter areas. Chapter 3—Commercial&Industrial Project Design May 200`8 24 41H3—q5 J Attachment 5 San Luis Obispo Community Design Guidelines 3.1—Lame.Scale Retail Projects � a:glnl174� ' F � aS fe min. , ft min. Protected Peeta strlan Path from Stmret to Primary Entrance Access Figure 3-11—Examples of parldng lot and pedestrian circulation features r SECONDARY JN ENTRANCE SECONDARY ENTRANCE SECONDARY TRANCE MAJOR ENTRY �R"NCE ONDA EN ------__-__®__ . PIT wO_____---- ® p�EaMLUlWALkWAV; N. ij ® � .i:ip:a:". .::Rapt � r � { n?S•4w ® .. •L ® i:I iS Figure 3-12—Examples of parldng lot and pedestrian circulation features Chapter 3—Commercial&Industrial Project Design May 2008 25 PH 3—`(t(,, Attachment 5 San Luis Obispo Community Design Guidelines 3.1—Large-Scale Retail Projects C. Pedestrian circulation and amenities. It is the nature of large retail uses that most customers arrive by car and make purchases that could not be carried home by foot or bike. Nevertheless, the large parking lots in these projects cause much of the customer's experience to be as a pedestrian, often walking long distances from car,to entrance and back. Safe accommodation for pedestrians is essential and must be an integral part of site design. I. Sidewalks at least eight feet in width shall be provided along all sides of the lot that abut a public street. 2. Sidewalks must be provided along the full length of the building along any facade with a customer entrance,and along any facade abutting a parking area. The sidewalks must be located at least six feet from the facade to provide area for landscaping, except where the facade incorporates pedestrian-oriented features such as pedestrian entrances or ground floor windows. Sidewalks should be eight feet wide,exclusive of any area planned for outdoor display or storage. The sidewalks should have wells for canopy trees at 30-foot intervals along the sidewalk edge adjacent to parking areas or vehicle access ways, so that the combination of building wall, sidewalk,and trees provide an enhanced pedestrian experience. See Figures 3-12 and 3-13. 3. Pedestrian walkways within the site should be provided a weather protection feature such as an awning within 15 feet of all customer entrances, which should also cover nearby short-term bicycle parking. See Figure 3-13. 4. Pedestrian walkways within the site must be distinguished from driving surfaces through the use of special pavers, bricks, or colored/textured concrete to enhance pedestrian safety and the attractiveness of the walkways. Pedestrian circulation in parking areas should be parallel to traffic flow toward building entrances, and separated from drive aisles within 50 feet of entrances. Sidewalk landings should be provided and extended between parking spaces where needed to connect pedestrians to walkways. See Figures 3-11 and 3-12. 5. Clearly demarcated and direct pedestrian routes should extend from peripheral public sidewalks and transit stops to the sidewalks that front commercial outlets. These routes should be distinguished from driving surfaces by using contrasting pavement materials. Chapter 3—Commercial&Industrial Project Design May 2005 26 pH Attachment 5 San Luis Obispo Community Design Guidelines 3.1—Large-Scale Retail Projects D. Building design. Building design shall be site-specific,and incorporate design themes and features reflecting San Luis Obispo's character and history. Building details should relate to the scale of pedestrians as well as passing motorists. The tendency of many"big-box"retail chains is to replicate a corporate or generic aesthetic, often treating the building elevations much like large, scale-less billboards. The lack of human scale and absence of architectural character or local connection serve to emphasize a disconnection between the chain store and the community. These conventional approaches to large-scale retail design are unacceptable in San Luis Obispo. Canopy over Cart Stowe w +_� .fig-ty`,�. -+�• � - , ,J.i 11 s � I'Y♦ if �_ � `p'}� G4vamd StorQ Entrance Rbetl lA 4arlitl Te.XWrgS (en.wood,ntotie) Pedestrian Walkway �L _ 4 ' Figure 3-13—Examples of building design features 1. Entrances. Each side of a principal building facing a public street should feature at least one customer entrance. Where a principal building directly faces more than two abutting streets,this requirement should apply only to two sides of the building. The use of a corner entrance will satisfy the entrance requirement for only one side of the building. Customer entrances must be clearly defined and highly visible,with features such as canopies or porticos, arcades,arches,wing walls,and integral planters. See Figure 3-13. Chapter 3—Commercial&Industrial Project Design May 2008 27 Pit 3 -�$ Attachment 5 San Luis Obispo Community Design Guidelines 3.2—Large Scale Retail Projects 2. Exterior wall materials. Predominant exterior building materials must be of high quality. Examples of these materials include brick,wood,stone,tinted/textured stucco,and tile accents. Smooth or split-faced concrete masonry units, tilt-up concrete panels, or prefabricated steel panels should generally be avoided for expansive wall surfaces,but may be appropriate in limited areas as building accents. See Figure 3-13. a. Building walls should incorporate the same quality and level of detail of ornamentation on each elevation visible from a public right-of-way. b. Building facade details and materials should be authentic, and integrated into building design, and should not be or appear as artificial "glued/tacked-on" features, such as trellises that do not support plant materials,encouraging the perception of low quality. See also guidelines D.3.c below regarding wall design details. 3. Wall design. All building walls, especially those visible from public roadways or residential areas should be designed to break up the appearance of a box-like structure. See Figure 3-14. Ae Figure 3-14—Break-up the appearance of a boa-like structure a. Facade articulation. Include extensive facade articulation in the form of horizontal and vertical design elements to provide variations in wall plane and surface relief, including providing a variety of surface textures,recesses and projections along wall planes. Facades greater than 100 feet in length should incorporate recesses or projections at least 20 feet deep along at least 30 percent of the length of the facade. Ideally, these recesses or projections should accommodate secondary uses/liner shops, and/or reflect the different internal functions of the store. See Guideline D.6(page 34),and Figures 3-14 and 3-15. Chapter 3—Commercial&Industrial Project Design May 2008 `� 28 FP`01 J—q9 Attachment 5 San Luis Obispo Community Design Guidelines 3.2—Large-Scale Retail Projects a. lIQ . .1 .-... . Figure 3-15—Examples of wall features b. Ground floor windows. Ground floor windows are highly encouraged. These should ideally provide pedestrians with views into the building, but even display windows can improve the pedestrian experience of the building at the street or sidewalk level. See Figures 3-15 and 3-16. C. Design details. A variety of building and wall features should be used,in ways that avoid a cluttered appearance. These may include varying colors,reveals,an external wainscot or bulkhead at the building base to reduce apparent bulk,cornices and parapet details,and moldings. The features should employ a variety of materials as appropriate for the architectural style. See also guideline D.2 above regarding exterior materials, Bulkheads should be constructed of a durable material other than stucco, such as tile, brick, rock,or pre-cast concrete. Windows,awnings, and arcades must total at least 60 percent of the facade length abutting a street. See Figure 3-16. d. Corporate identification. Colors or logos identified with an individual company should be employed as building accent features, and not used as the main or dominant architectural feature of any wall. e. Colors. Large areas of bright, intense colors should generally be avoided. While more subdued colors usually work best for large facade areas, brighter accent colors may be appropriate for trim,windows,doors,and other key architectural elements. Bold stripes of color are not an adequate substitute for architectural detailing. Chapter 3—Commercial&Industrial Project Design May 2008 29 PO-3 -SO Draft Planning Commission Mie_ .js _ Attachment 6 July 8,2009 Page 3 The motion passed on a 7:0 vote. On motion by Vice-Chair Multari, seconded by Commr. Whittlesey, to accept the recommendation to forward the .2008 Annual Report on the General Plan to the City Council for acceptance. AYES: Commrs. Singewald, Draze, Boswell, Meyer, Whittlesey, Multari, and Stevenson NOES: None RECUSED: None ABSENT: None The motion passed on a 7:0 vote. 2. 11980 Los Osos Valley Road. GPA/R/ER/MS/ANNX/U 7-07: Review of the Final EIR for a project to annex and develop vacant agricultural land along Los Osos Valley Road with a new retail center (Prefumo Creek Commons); a request to amend the General Plan for Interim Open Space to General Retail; a request for a Use Permit to allow a retail sore up to 140,000 s.q. ft.; and a request to subdivide the property into 4 lots with a 5"' lot for open space; Irish Hills Plaza East, LLC, applicant (Phil Dunsmore) Phil Dunsmore, Associate Planner, presented the staff report, recommending the following: 1. Adopt resolution A that recommends the City Council certify the Final EIR with findings of overriding considerations relative to air quality and noise. 2. Adopt resolution B that recommends the City Council amend the General Plan Land Use Map from Interim Open Space to General Retail and pre-zone a portion of the property to Commercial-Retail. 3. Adopt Resolution C that recommends the City Council approve the use permit and subdivision map based on findings and subject to conditions and code requirements. Dan Gira, AMEC, presented a review of the EIR. Neil Havlik, Natural Resources Manager, discussed the open space components of the project and related environmental issues. Tim Bochum, Deputy Public Works Director, discussed the traffic implications of the project and responded to the testimony regarding the Laguna Village Shopping Center. Mr. Bochum spoke in support of the Summary Recommendation presented in the report. Phi-s1,.. Draft Planning Commission Mi. .�s - Attachment 6 July 8, 2009 Page 4 Claire Clark, Economic Development Manager, spoke in support of the project. Mrs. Clark discussed: 1) local and regional benefits of additional retail uses; 2) goods and desired complements to existing retail; and 3) sales tax revenue and additional jobs. Patti Whelen, Whelen Consulting, spoke in support of the project. Ms. Whelen gave a brief summary of the project from the applicant's perspective. John Dews, Target Regional Development Manager, discussed support for the project. Mr. Dews discussed the environmental benefits of the proposed building design. PUBLIC COMMENTS: John Dunn, Avila Beach, spoke in support of the project. Terry Shubert, San Luis Obispo, discussed his concern for the increase in traffic in the surrounding area. He does not feel that the EIR covers the traffic impact in the area, specifically impacts to Laguna Village Shopping Center. Randy Poltl, San Luis Obispo, discussed his concern for the increase in traffic related to Laguna Village Shopping Center. Mr. Poltl does not support the EIR as presented. Kristie Molina, San Luis Obispo, discussed her concern for the increase in traffic related to Laguna Village Shopping Center. Ms. Molina requests that traffic be addressed prior to supporting the EIR. Richard Pool,San Luis Obispo, does not support certifying the EIR. Mr. Pool discussed his concern for the increase in traffic related to Laguna Village Shopping Center. Darren Nichols, San Luis Obispo, discussed his concern for the increase in traffic related to Laguna Village Shopping Center. His business at Laguna Village is being adversely affected by traffic and intersection lighting concerns. Josh Peet, San Luis Obispo, discussed his concern for the increase in traffic related to Laguna Village Shopping Center. Her business at Laguna Village is being adversely affected by traffic and intersection lighting concerns. April Peet, San Luis Obispo, discussed her concern for the increase in traffic related to Laguna Village Shopping Center. Her business at Laguna Village is being adversely affected by traffic and intersection lighting concerns. Ed Demartini, San Luis Obispo, was concerned with traffic flow and safety. Diane Duenow, San Luis Obispo, was concerned with preserving small town quality. She noted concern with air quality from increased traffic related to Laguna Village Shopping Center. Ms. Duenow supported mixed use and affordable housing. A fifteen break was taken at 9:30 p.m. P R 3 - Sa Draft Planning Commission Mie__ .-s Attachment 6 July 8, 2009 Page 5 Tamara Presser, San Luis Obispo Regional Water Quality Control Board, discussed adverse affects of site drainage. Ms. Presser referred to her letter provided to the Commission. Ms. Presser does not support the project without addressing further water treatment recommendations. Dominic Roques, San Luis Obispo Regional Water Quality Control Board, does not support the design of the project in terms of water quality. He noted concern for water treatment regarding the project. Cad Dudley, San Luis Obispo, spoke in support of the project. He does recognize the need for traffic light in the Laguna Center area. Jessica Berry, representative of San Luis Obispo County of Governments (SLOCOG). She supported a park and ride lot. Ms. Berry referenced a letter sent detailing her concerns. Richard Kranzdorf, San Luis Obispo, requested that the Commission take no action tonight. He does not support changing the open space designation to retail. Cal Wilvert, San Luis Obispo, noted his concern for the amount of dedicated open space. He does not support the project as proposed. Rosemary Wilvert, San Luis Obispo, noted concern for the amount of dedicated open space. She does not support the project as proposed. Mila Vujovich-La Barre, San Luis Obispo, does not support the project. She noted her concern for the land use plan and open space designation. She noted concern for level of service and public safety. She does not support the EIR as proposed. Mary Ann Riley, San Luis Obispo, discussed her concern for traffic in the area of the proposed project. Mrs. Riley noted concern for public safety. Arturo Rojas, San Luis Obispo, business owner at Laguna Village Shopping Center, noted concern for safety and requested a light at the Laguna Center access. Narciso Rojas, San Luis Obispo, business owner at Laguna Village Shopping Center noted concern for safety and requested a light at the Laguna Center access. Jerry Smith, San Luis Obispo, requested a traffic signal at the Laguna Center. He urged the Commission to not adopt the EIR. Mr. Smith noted his concern for open space. Russ Brown, San Luis Obispo, noted concern for the open space requirement and does not support the project. Mr. Brown does not support the EIR as presented. He noted concerns with water quality, traffic, adverse affect on established business, and the general plan. Draft Planning Commission Mii. .-�s Attachment 6 July 8, 2009 Page 6 John Spencer, San Luis Obispo, noted concern for a traffic light at the Laguna Center area for safety and flow of traffic. David Brodie, San Luis Obispo, noted concern for the scale of the project. There were no further comments made from the public. COMMISSION COMMENTS: Chairperson Stevenson requested that Staff address the concerns of the public prior to Commission comments. Tim Bochum discussed public input included in the EIR. Mr. Bochum noted that the traffic light requested is not a simple solution because of the location restrictions. Mr. Bochum noted that the proposed traffic mitigation will benefit the current level of service for Los Osos Valley Road. He noted that traffic volumes do not warrant a new signal for the driveway at Laguna Village Shopping Center and that a new signal would not be a logical solution for their traffic concerns. Commr. Boswell requested clarification on traffic flow from the gas station on the comer of LOVR and Madonna Road. Mr. Bochum discussed the driveways and lane width of road access. Commr. Boswell requested clarification on signalization on Madonna Road requested by area residents and the tenants at the Laguna Shopping Center. Mr. Bochum replied that the area has been under surveillance due to reported traffic concerns. Doug Davidson, Deputy Director of Community Development, discussed open space policies as outlined in the General Plan. Mr. Davidson discussed the City's open space requirements which is preserved according to the proposed project. Dan Gira, AMEC, discussed the focus on flood monitoring. Mr. Gira noted that further consideration can be given to storm water treatment. Hal Hannula, Senior Civil Engineer, stated waste water management and treatment should not be confused. He stated that the EIR recognizes the policy requirements and code compliance. Commr. Draze requested further information on the lower quantity storm water events. Mr. Hannula replied that the detention does not weigh into the water quality issue. Neil Havlik addressed the water concerns and spoke in support of the project. Dan Gira, AMEC, discussed performance issues and criteria to capture the first flush of storm water from smaller storms. The Commission voted to continue the meeting past 11 p.m. P� 3-S� Draft Planning Commission W..- .as Attachment 6 July 8,2009 Page 7 Vice-Chair Multari requested the addition of open space and traffic mitigation in further discussion. Commr. Draze questioned parking and requested a response from Staff. Mr. Dunsmore replied that there were around 700 parking sites at Costco. Commr. Draze requested information on the number of parking spaces provided within the Irish Hills Plaza. Phil Dunsmore replied that Staff did not have an answer at this time. Commr. Boswell requested further information on section 3.2/11 with a response on prime AG land. Commr. Boswell requested further information on report section 3.2/27 requesting 50% of "what?" He asked for clarifications on the threshold for energy reduction. He noted concern for mitigating green house gas. Commr. Boswell requested the trigger of further development and phasing be addressed. Tim Bochum replied that mitigation would tie to phasing which the report addressed. Chairperson Stevenson would like to see that off-site mitigation fees for air quality be placed in the mitigation language. Mr. Dunsmore replied that this was an issue that needed to be further considered yet not addressed in the report due to staffs disagreement with the large amount of the fee. Chairperson Stevenson requested that quantifiable numbers be considered for low and middle-income housing. Mr. Dunsmore discussed the language in the General Plan Land Use Element EIR related to overriding considerations for Jobs/Housing impacts. Staff will follow up on the quantifiable number for low and mid-income housing. Vice-Chair Multari suggested that the Commission consider the basic philosophy of the appropriate land use for the property. Mr. Multarisupported continued discussion on traffic flow in the LOVR and Madonna Road area. He would like to discuss air quality at the next meeting. Commr. Singewald noted concern for traffic in the EIR. He would Like to know if the project would be subject to traffic impact fees. Mr. Bochum replied that they would be applied. Commr. Singewald noted concern for housing and requested further information. Mr. Dunsmore replied regarding the potential housing impacts. Commr. Whittlesey requested that staff provide clarification on the "executive summary class one cumulative impact options listed on page 41." Ms. Whittlesey noted disappointment for specifics of environmental concerns addressed and the difference of this project from previous projects. PH 3-sS Draft Planning Commission Mii. .Js Attachment '6 July 8,2009 Page 8 Mr. Bochum requested that the Commission email further questions to staff to be addressed at the next meeting. There were no further comments made from the Commission. On motion by Commr. Draze, seconded by Commr. Boswell, to continue the discussion at the next scheduled meeting on July 22, 2009. AYES: Commrs. Singewald, Draze, Boswell, Meyer, Whittlesey, Multari, and Stevenson NOES: None RECUSED: None ABSENT: None The motion passed on a 7:0 vote. COMMENT AND DISCUSSION: 3. Staff a. Agenda Forecast 4. Commission ADJOURNMENT: The meeting was adjourned at 11:30 p.m. Respectfully submitted by, Janet Miller Recording Secretary �� 3 -S� Attachment 7 DRAFT SAN LUIS OBISPO PLANNING COMMISSION MINUTES July 22, 2009 ROLL CALL: Present: Commissioners Michael Boswell, Michael Draze, Eric Meyer, Mary Whittlesey, Vice-Chairperson Michael Multari, and Chairperson Charles Stevenson Absent: Commissioner Aidin Singewald Staff: Community Development Director John Mandeville, Deputy Community Development Director Doug Davidson, Associate Planner Phil Dunsmore, Deputy Public Works Director Tim Bochum, Natural Resources Manager Neil Havlik, and Recording Secretary Janet Miller ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. MINUTES: Minutes of July 8, 2009, were approved as presented. , PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no further comments made from the public. PUBLIC HEARINGS: 1. 11980 Los Osos Valley Road. GPA/R/ER/MS/ANNX/U- 7-07: Review of the Final EIR for a project to annex and develop vacant agricultural land along Los Osos Valley Road with a new retail center (Prefumo Creek Commons); a request to amend the General Plan from Interim Open Space to General Retail; a request for a Use Permit to allow a retail store up to 140,000 sq. ft.; and a request to subdivide the property into 4 lots with a 5t' lot open space; Irish Hills Plaza East, LLC, applicant. (Continued from July 8, 2009 meeting) (Phil Dunsmore) Phil Dunsmore, Associate Planner, presented the staff report, recommending the following: 1. Adopt Resolution A that recommends the City Council certify the Final EIR with findings of overriding considerations relative to air quality and noise. 2. Adopt Resolution B that recommends the City Council amend the General Plan Land Use Map from Interim Open Space to General Retail and prezone a portion of the property to Commercial-Retail. 013 -S;7- Draft Planning Commission Mii. _ •s Attachment 7 July 22, 2009 Page 2 3. Adopt Resolution C that recommends the City Council approve the use permit and subdivision map based on findings and subject to conditions and code requirements. Vice-Chair Multari discussed and proposed the option of eliminating anchor C and about 120 parking spaces, reserving 11.9 acres as permanent open space, approximately 15.7 acres as General Retail and approximately 3.5 for multi-family residential. He noted the need for General Plan text clarification regarding LUE Policy 8.7 to list the proposed land use pattern. Mr. Multari suggested a modification to the approval resolution with findings for a potential future multi-family housing. The modifications were based upon the plain reading of the policy, testimony of the people familiar with the 1994 General Plan update, and the designation of land west of Prefumo Creek for commercial and possibly multi-family development while preserving the acreage east of the creek in open space is consistent with Policy 8.7. Vice-Chair Multari noted existing open space dedications and proposed open space requirements and suggested that Policy 1.12.5 is being met as well. PUBLIC COMMENTS: Theodora Jones, San Luis Obispo, supported Vice-Chair Multari's proposal. Ms. Jones voiced the concern of a proposed drainage swale that may be too close to the residential area. There were no further comments made from the public. COMMISSION COMMENTS: Mr. Dunsmore discussed that the applicant is leaning toward paying in-lieu fees to satisfy affordable housing requirements. He discussed the EIR's stance on cumulative area impacts which could be addressed by assessments. Chairperson Stevenson asked for clarification on the required number of parking spaces. Mr. Dunsmore replied that the floor area dictates parking. Staff noted that there is still an excessive amount of parking. Commr. Whittlesey requested clarification of full and part-time employment numbers. Mr. Dunsmore replied that the numbers presented were industry based and that the number quoted in the EIR may be excessive. Commr. Boswell requested information on the San Luis Obispo Local Agency Formation Commission's (LAFCO) policy implications in the EIR in regard to mitigation for prime ag land. Neil Havlik, Natural Resources Manager, referenced the 1994 General Plan and noted that, over the years, the City has focused on conservation of open space. Commr. Boswell asked for further clarification on the response to LAFCO with the possibility of additional mitigations. John Mandeville, Director of Community PN3 -5-ff Draft Planning Commission Mir._ :s Attachment 7 July 22, 2009 Page 3 Development, suggested that the approval of the site plan would not hinder additional mitigation being added. Commr. Draze requested information on the square footage of the proposed drainage swale area. Staff noted that the exact number was not presented but could be calculated. Chairperson Stevenson asked if an adequate response to the water board questions had been created. Mr. Dunsmore noted that the City is still working on the final water treatment and drainage details in an attempt to be consistent with City policy and Regional Board requirements. Patty Whelen, applicant representative, replied that the applicant was addressing the Water Board requests. Cheryl Lendhardt, applicant Civil Engineer, discussed the site constraints. Ms. Lendhardt noted the flood plain and watershed. Commr. Boswell noted concern for the displacement of flood waters downstream and the loss of total volume of flood plain. Ms. Lendhardt discussed options for the site such as an on-site detention area, the use of a secondary channel which would flow through the open space, and a proposed cut/ proposed fill area. Chairperson Stevenson requested clarification on the infiltration systems. Ms. Lendhardt replied that the applicant was considering a conveyance system such as a proposed swale. A treatment train approach would be proposed in the combination for treatment. Mr. Dunsmore asked Ms. Lendhardt if the swales would be bio swales. Ms Lendhardt confirmed that the swales would be bio-swale. Ms. Lendhardt noted vegetation would be used in the treatment mix. Ms. Whelen replied that the applicant would be willing to work toward the City's goals. She noted the functionality of the site would need to be maintained if proposed land use alternatives were considered. Ms. Whelen noted a significant financial loss with the alternative elimination of Anchor C. Ms. Whelen noted the applicant has worked on researching affordable housing for the project. Chairperson Stevenson noted a letter submitted to the Commission from Craig Kincaid supporting Vice-Chair Multad's suggestion. Commr. Draze noted support for the interim open space alternative. He discussed its consistency with the General Plan. Commr. Draze did not support a stop light at the Pereira and Madonna Road intersection. PN 3.57 Draft Planning Commission Mh..ss Attachment 7 July 22, 2009 Page 4 Commr. Draze noted that the project should not be called The Target Project as Target is a proposed tenant and not a guaranteed tenant. Commr. Draze noted concern for the Oceanaire access area. The preservation of the area for improved pedestrian access would be important. Commr. Boswell is satisfied with the proposed project's intent on Open Space. Mr. Boswell generally supported Vice-Chair Multari comments. Commr. Meyer noted concern for language in italics on page 4, section "Open Space." Commr. Meyer requested clarification on roads running through open space. Mr. Mandeville noted that roads are an allowed use within open space districts. Chairperson Stevenson noted that the Commission concurred that there was adequate language presented in the Open Space section presented in the staff report. Commr. Meyer noted concern for the in-lieu fee amounts for housing. Staff replied that the number was approximately one million dollars. Commr. Boswell discussed that the problem with traffic flow at the intersection of Pereira and Madonna Road was not a direct result of the project. Mr. Boswell noted that the pedestrian safety in the intersection is of great concern. He mentioned that a separate public hearing should be set to address the traffic issue. Commr. Boswell requested clarification on the median reduction at LOVR and impact on pedestrian crossing. He suggested that pedestrian crossings could be restricted to one side of the street. Commr. Boswell requested Staff clarify pedestrian crossings. Tim Bochum, Deputy Director of Public Works, discussed the integration of pedestrian connections. Mr. Bochum noted traffic flow and timing for pedestrian crossing. Commr. Meyer discussed the Los Osos Valley Road, Madonna Road, and Pereira Road congestion. Commr. Meyer does not support building a road that does not go to a specific location. His comment was based on the proposed Froom Ranch Way extension. Vice-Chair Multari does not support the financial obligation of the applicant to provide a traffic signal at Pereira as part of the project. Mr. Multari asked if the applicant could be a part of the financial funding toward a light in the LOVR, Madonna Road, Pereira area. Mr. Bochum noted that this project will be paying impact fees and discussed pedestrian mitigation. Vice-Chair Multari asked if the Mitigation MMTT1C/page ES 35 was a requirement. Mr. Bochum noted that Staff would support the inclusion of the word 'shall' in the language. PH3-6d Draft Planning Commission Min�.as Attachment 7 July 22,2009 Page 5 Vice-Chair Multari does not support the language under MM TT2 requiring negotiation with adjacent properties for a pedestrian pathway. Commr. Whittlesey asked how option 3 of the mitigation measures fixes the flow of traffic. Mr. Bochum replied that the flow of traffic would be enhanced through this option via increasing levels of service and reducing waiting times. Commr. Whittlesey requested clarification on the U tum in regard to Froom Ranch Way. Mr. Bochum provided traffic flow clarification with a discussion of the area. The Commission generally supported the language of the Traffic Impacts section of the EIR. Vice-Chair Multari questioned the mitigation proposed to address air quality impacts. He does not support the APCD asking for mitigation fees to be paid under their language discretion and would rather see any fees paid directly into City transportation programs. Commr. Boswell noted concern for air quality impacts in relation to greenhouse gas emissions. He noted the interpretation of policy to set a threshold that would constitute the definition of a significant impact. Mr. Mandeville noted that the impact could be categorized as significant and could be a part of both the Commission and Council discussion. Commr. Draze noted concern for the language of significant and unavoidable in regard to greenhouse gas emissions. Commr. Whittlesey supported an explicit statement on the behalf of the City that describes the lack of threshold. Vice-Chair Multari requested Staff provide clear language to address greenhouse gas emissions. Mr. Multari is reluctant to set a requirement at this time for a set technology and expressed support for performance standards instead. Commr. Boswell discussed the performance measure as a requirement in the mitigation presented by the Staff report. Commr. Boswell supported a performance standard rather than a speck prescription of technology. Vice-Chair Multari referenced MM AQ-2 and does not support conifers mentioned in the language. Mr. Dunsmore replied that Staff had researched this section and conifers were noted as appropriate. Commr. Whittlesey supported a 3-minute idle restriction as under air quality mitigation. Mr. Mandeville replied that Staff would look into the issue of idle time limits. TOR 3 -� 1 Draft Planning Commission Mirn..es Attachment 7 July 22, 2009 Page 6 Commr. Whittlesey supported the provision of contact information during the construction phase to address dust and air quality issues. Mr.. Bochum replied that the City can respond to the complaints of adjacent neighborhoods. Commr. Whittlesey requested clarification on the proposed wall height. Mr. Dunsmore provided clarification on future traffic and the proposed wall. Vice-Chair Multari requested the inclusion of the cumulative impacts listed under Class One. Director Mandeville noted that the last section of page 7 of the Staff report addressed the language concerns. Vice-Chair Multari noted that under the AG mitigation measure, the language should be changed to approximately 10 acres. Commr. Boswell supported the removal of this language. Staff agreed with the condition change. There were no further comments made from the Commission. On a motion made by Vice-Chair Multari, and seconded by Commr. Boswell, to adopt Resolution A that recommends the City Council certify the Final EIR with the recommendations and changes made by the Commission. AYES: Commrs. Draze, Boswell, Meyer, Whittlesey, Multari, and Stevenson NOES: None RECUSED: None ABSENT: Commr. Singewald The motion passed on a 6:0 vote. The Commission voted for a 10-minute break at 9:40 p.m. Commr. Draze requested clarification on interim open space and the land use plan. Mr. Dunsmore provided clarification on boundaries in regard to interim open space. Mr. Bochum noted that staff recognizes project phasing. Vice-Chair Multari voiced the need for Staff to come back to the Planning Commission with a new tentative map should the City Council approve the alternative land use plan. Commr. Draze questioned the recording of a phased map approval. Mr. Bochum discussed a parcel map versus subdivision to accommodate the changes within the project approval process. On a motion by Vice-Chair Multari; seconded by Commr. Draze, to adopt Resolution B with the language provided by Vice-Chair Multari and a request to replace Exhibit A. AYES: Commrs. Draze, Boswell, Meyer, Whittlesey, Multari, and Stevenson NOES: None RECUSED: None PN-3 -6X ABSENT: Commr. Singewald Draft Planning Commission Mini as Attachment 7 July 22, 2009 Page 7 The motion passed on a 6:0 vote. Vice-Chair Multari recommended that we eliminate the reference to `Target'; size be reduced by 28,000 square feet with a proportional reduction in parking; section two regarding subdivision approval be removed; section three remove reference to tract map; and anchor C be eliminated from the approval. Commr. Draze questioned approving a tentative tract when the proposal has been altered. Staff replied that a new subdivision map should be considered due to substantial changes proposed by the Commission. On a motion by Commr. Draze, seconded by Commr. Boswell, to change the language removing `Target" and make corrections to square footage and exhibits as discussed by the Commission with a revised subdivision map. AYES: Commrs. Draze, Boswell, Meyer, Whittlesey, Multari, and Stevenson. NOES: None RECUSED: None ABSENT: Commr. Singewald The motion passed on a 6:0 vote. COMMENT AND DISCUSSION: 2. Staff a. Agenda Forecast 3. Commission a. Mayor's Advisory Body Quarterly Luncheon —Vice-Chair Multari provided a brief overview. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. Respectfully submitted by Janet Miller Recording Secretary F83-63 Attachment 8 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT rrEM a 2 BY: Phil Dunsmore,Associate Planner(781-7522) MEETING DATE: July 8`h, 2009 FROM: Doug Davidson, Deputy Director of Development Review CITY FILE NUMBER: GPA/R/ER/MS/ANNX/U 7-07 PROJECT ADDRESS: 11980 Los Osos Valley Road SUBJECT: Review of the Annexation, General Plan Amendment, Rezone, Use Permit, Parcel Map and Final Environmental Impact Report for the Prefiuno Creek Commons project. SUMMARY RECOMMENDATION 1. Adopt resolution A that recommends,the City Council certify the Final EIR with findings of overriding considerations relative to air quality and noise. 2. Adopt resolution B that recommends the City Council amend the General Plan Land Use Map from Interim Open Space to General Retail and prezone a portion of the property to Commercial-Retail. 3. Adopt Resolution C that recommends the City Council approve the use permit and subdivision map based on findings and subject to conditions and code requirements. BACKGROUND Situation At the previous hearing, the Commission reviewed and commented on the draft EIR. Now, the Final EIR has been drafted and is ready for certification. In addition to certification of the EIR, the applicants are seeking approval of project entitlements including annexation, General Plan Amendment and pre-zoning, and a use permit to allow a large retail store. A tentative map to subdivide the site has also been requested. A use permit is required for any retail store that exceeds 45,000 square feet in accordance with Ordinance 1405. The use permit requires that the Planning Commission make specific findings to allow a larger store. These findings relate to compliance with the Community Design Guidelines, therefore, the Planning Commission's review includes components of the project design. The Planning Commission's action will be a recommendation to the City Council. Following certification of the EIR by the City Council, the project will return to the Architectural Review Commission for a final review of the site and building design. Data Summary Applicant: Irish Hills Plaza East LLC. Representative: Patti Whelen, Whelen Consulting Zoning: Unincorporated within Agricultural zone of San Luis Obispo County Pit 3 -b� ' Prefumo Creek Commons Project Final EIR July 8,2009 Attachment 8 Page 2 General Plan Designation: Interim Open Space Environmental Status: A Final Environmental Impact Report(EIR)has been prepared. Proiect Description The Prefumo Creek Commons Project includes the following components: 1. Annexation of 31 acres of unincorporated land into the City. 2. General Plan Amendment and Rezoning from Interim Open Space to Commercial-Retail and Open Space. 3. Development of a regional shopping center with approximately 188,658 square feet of commercial space with six separate buildings including a use permit to allow a single retail store up to 140,000 square feet. 4. Construction of road improvements on Los Osos Valley Road and construction of the extension of Froom Ranch Way between Los Osos Valley Road and Prefiuno Creek. 5. Tentative Map to create 4 private development lots including a 5th lot for the dedication of approximately 12 acres of on-site open space and 2:3 acres of City road right of way. 6. Certification of a Final EIR DISCUSSION Previous Review On August 21, 2007, the City Council approved the workscope for preparation of an EIR to evaluate the potential environmental impacts of the project. A contract was awarded to AMEC Earth and Environmental to prepare the EIR in January 2008. On February 13, 2008, the Planning Commission was introduced to the project through a staff presentation that was designed to review the workscope of the EIR. At this preliminary hearing, public input was received and the Commission provided guidance on issues that needed to be evaluated in the EIR. The ARC reviewed the preliminary project design on November 17, 2008 and provided a set of directional items to be incorporated into the project(Attachment 4). On May 13, 2009, a public hearing was held by the Planning Commission to review and take public testimony on the Draft EIR. The public review period for the Draft EIR expired on May 22, 2009 and the Final EIR was created incorporating the public comments that were submitted (Attachment 3). On June 15, 2009, the ARC reviewed the design and provided directional items to be incorporated into the project with a final review by the ARC to occur following certification of the EIR and approval of the use pen-nit by the City Council (Attachment 5) P,+ 3-�,� ` --� Prefumo Creek Commons Project Final EIR July 8,2009 Attachment 8 Page 3 1. Final EIR The Final EIR is a compilation of the Draft EIR and responses to comments. Responses to comments are a written evaluation of comments on the environmental issues received from persons who reviewed the Draft EIR. Copies of all the written comments received during the public review period have been incorporated into the Final EIR. The responses to comments were prepared by the consultant and reviewed by city staff. The Commission needs to review and consider the information contained in the Final EIR to determine whether it is complete and in compliance with the California Environmental Quality Act (CEQA); this review process is known in CEQA as certification. The Commission makes a recommendation to the Council who takes a final action on certification of the EIR. If the document adequately evaluates environmental issues and appropriately responds to comments, then the Commission should recommend to the Council that the EIR be certified. The Final EIR must be certified prior to approval of the project analyzed in the EIR. Regardless of the Commission's recommendation on the use permit(even if it is to deny it),the Commission could support certification of the EIR. In other words, the Commission can recommend that the EIR be certified even if it did not support approval of the use permit. Highlights oJEIR Changes Changes to the text of the document made since the review of the Draft EIR are incorporated directly into the Final EIR. Therefore,the Final EIR consolidates changes into the body of the main document, and it is not necessary to have a copy of the Draft EIR to understand the changes. The Final EIR is printed in a legislative draft format with deleted text crossed out and new text in blue. In addition to comments made by the Planning Commission, 19 comment letters were responded to in the Final EIR. These letters include responses to comments from other public agencies and interested private parties. In addition to some grammatical edits and typo corrections, some of the more significant changes or additions that were made include: 1. Addition of APCD mitigation measures that quantify mitigation fees(NIM AQ-3b) 2. Addition of APCD mitigation measures to reduce operational emissions. 3. Modification of mitigation measures related to greenhouse gas emissions to allow additional flexibility for the applicants in the use of energy conserving building features. 4. Addition of discussion and mitigation measures to reduce potential impacts to biological resources including the discussion related to red legged frogs, fairy shrimp and several bird varieties. 5. Additional discussion regarding residential density in accordance with the Airport Land Use Plan. 6. Additions to text and modifications to traffic mitigation measures related to Madonna Road and Los Osos Valley Road and vicinity. XA3 -6( Prefumo Creek Commons Project Final EIR July 8, 2009 Attachment 8 Page 4 Highlighted EIR issue areas Open Space The amount of open space required on the property in exchange for development and annexation has been a common topic of discussion for the project. This is in part due to a series of General Plan Policies, Land.Use Element Policy 8.7 and 8.8 (see discussion below) and Conservation and Open Space Element policies (chapter 8.6) that discuss the general disposition of open space. As described by General Plan Policy 8.8 which generally describes the Dalidio, Calle Joaquin and other properties bound by Madonna Road, Highway 101, and Prefumo Creek, half of each development area should be secured as open space to be preserved as agricultural land. However, as described by Policy 8.7 which is specific to the development site for Prefumo Creek Commons, "This site should be developed if land in common ownership to the east is permanently preserved as open space''. In other words, the policy specifies that the area east of Prefumo Creek shall be preserved as open space which is less than half of the property. The specific language in policy 8.7 supersedes other policy direction and clearly describes the development boundary. This policy makes a logical distinction between the area to be left in open space and the logical pattern of development based on the location of Preflnno Creek and the location of development on adjacent parcels. Since the intent of securing open space is for the purpose of agriculture, leaving a strip of open space between Prefumo Creek and westward towards the development site would not add to the goal of additional open space for agriculture. Instead, it would create a strip of open space bound by development and the creek. Since the project already incorporates a 50-foot creek setback west of the creek, the project meets the intent of General Plan policy, including policies designed to protect creeks and open space. The land proposed to be dedicated to the City includes the agricultural land, the creek and the creek setback. If the Commission feels that additional land needs to be secured as open space, acquisition of other land off-site may be considered. Jobs/Housing Balance The EIR identifies that the development will create approximately 566 new jobs, primarily for workers of low or very low incomes, increasing demand for affordable housing and potentially worsening the City's jobs/housing balance. At the Draft EIR hearing for the project,the issue was raised regarding the potential for the project to impact the City's balance between jobs and housing and whether this should be considered a Class 1 impact. However, the City does not have established thresholds for the balance of jobs and housing and there is no substantial evidence that the amount of new jobs will create significant unavoidable impacts to the balance between jobs and housing. The City's existing policy on this issue does not elaborate on such facts: General Plan Land Use Element Policy 1.4 Jobs Housing Relationship The gap between housing demand (due to more jobs and college enrollment) and supply should not increase. Furthermore, the 1994 General Plan Land Use Element EIR recognized the potential Jobs/Housing impacts at buildout. The LUE EIR concluded that the City would experience a ratio that is far more job rich than it was in 1994. Due to the assumed Class 1 impacts to the ratio of Jobs to Housing in that EIR, the City adopted an overriding consideration for the Jobs/Housing balance. Attachment 8 Prefumo Creek Commons Project Final EIR July 8,2009 Page 5 The Final EIR provides for mitigation measures that make the project consistent with the City's General Plan Housing Element by requiring dedication of affordable housing units, allocation of land to construct affordable housing units, or the payment of in-lieu fees. In addition to the affordable housing items normally required by code, the project will be subject to providing additional units or increased levels of affordability to offset potential jobs/housing impacts. With implementation of mitigation measures, the potential impact is considered less than significant. Traffic Impacts Based upon public comments, additional analysis was performed regarding traffic issues associated with project development, impact determination and proposed mitigation measures. Of particular interest is the intersection of Los Osos Valley Road and Madonna Road since this intersection is constrained by width and already accommodates high traffic volumes. Comments received during circulation of the draft EIR relate to adjacency issues associated with congestion at this intersection. Additional analysis has been provided in the final EIR regarding the potential effects of project generated traffic on at the intersection of Madonna/LOVR and its relationship to operations of the Madonna/Pereira/Laguna Village Shopping Center driveway. As recommended in MM TT-la, the EIR identifies options for mitigation that would reduce project impacts to insignificance either by construction of new improvements along LOVR or by reductions in project size. The EIR concludes that the project has the potential to reduce the level of service at this intersection from acceptable to unacceptable levels during the evening peak hour (generally between 5 and 6 PM) however, the impact only exceeds the City's LOS standard by a small amount (approximately .3 seconds on average during the peak hour). The EIR identifies several options to reduce this and other impacts, and lists a"toolbox"approach to mitigations that can be done to reduce project impacts. These options include widening Los Osos Valley Road to 3 lanes northbound at Madonna Road, decreasing the size of the retail center or deferring development by approximately 28,000 square feet, if the City opts to study other options to improve the intersection, or allowing the project as proposed and adopting an overriding consideration for traffic. Of these options, widening Los Osos Valley Road adjacent to the City's fire station appears to be the most feasible option that will improve the level of service at this intersection to acceptable levels and clearly offset project specific impacts. The final EIR recognizes Class 2 (significant yet mitigatable) impacts to traffic as a result of additional trips that will be generated from the project. Mitigation has been designed.to reduce the traffic impacts and improve the levels of service for area roadways. Finally, the EIR analysis confirms, that even with project specific mitigation constructed at the intersection of Madonna/LOVR (what the project is responsible for) the 2035 Cumulative scenario continues to indicate the intersection will operate below City objectives identified in the Circulation Element. Laguna Village ShoppingC_ enter Both in written comments and at the Draft EIR hearing, representatives of the Laguna Village Shopping Center (LVSC) stated concerns regarding the level of existing analysis regarding existing and future traffic on Madonna Road and the limits placed on left turns into the center. Additionally, they stated concerns regarding limited pedestrian access from the residential neighborhood to the south at Pereira Drive and the difficulty of traffic entering and exiting the site at Los Osos Valley Road. As such, the owners of the center are concerned that the addition of PA 3 -&& Prefumo Creek Commons Project Final EIR July 8,2009 Attachment 8 Page 6 the Pref imo Creek Commons project will exacerbate these issues. A comment letter from an attorney representing Laguna Village said they have retained a third part traffic engineer to review the conclusions found in the EIR. Both of these communications have been included in the EIR along with consultant responses. In essence, the owners of Laguna Village Shopping Center are questioning the adequacy of the EIR. As a result of these requests for further analysis, the consultant investigated the potential for further impacts at the intersection of Madonna. Road/LOVR(discussed above) and the driveway access issues for LVSC. The EIR concludes that the proposed project is not anticipated to create traffic impacts at the intersection of LOVR/Royal Way or that of Madonna Road/Pereira Drive. However, in order to address concerns raised in public comments, the City and its consultants have further reviewed this matter. Discussion is included for project related incremental increases in traffic on pages 3.8-15 and 3.8-16 and pages 3.8-30 through 3.8-32 of the Final EIR and concludes that project impacts at these locations is not significant, particularly after mitigation at the intersection of Madonna/LOVR. The intersection Madonna/Pereira/LVSC driveway currently experiences side street delays for access onto Madonna Road due to relatively high volumes on Madonna Road; however, overall LOS remains acceptable. Such delays are operational in nature and of concern to residents and shopping center patrons attempting to tum left onto Madonna Road. Existing substantial southbound queues at this intersection also add to delays and difficulties with left turns off Pereira Drive. However, project impacts at this intersection are not anticipated to be significant as project generated traffic would "...create minimal new turning movements at this location and would only add incrementally to already high through volumes along Madonna Road as well as existing queues." Mitigation Measure TT-la limits impact and potentially improves LOS at the intersection of Madonna/LOVR that will help reduced queues at this location due to project added traffic. In summary, the response in the Final EIR clarifies that the project does not create additional significant traffic impacts at Madonna Road and Pereira Drive or at Los Osos Valley Road and Royal Way. Proposed mitigation measures may actually increase levels of service beyond today's existing condition. Rather than focus on the separate concerns regarding the existing traffic condition at Laguna Village Shopping Center and potential operational and safety decisions that are subject to professional opinion and ultimately Council, the Planning Commission should focus on the proposed project, its potential impacts and proposed mitigation measures. The issue of when professional expert opinion and conclusions differ on a project has been addressed in the CEQA Guidelines and upheld by several court cases. An EIR is not legally inadequate simply because there is a dispute regarding conclusions reached by various experts whose studies were incorporated in the EIR, even where these different conclusions can reasonably be drawn from a single pool of information. In these instances, the EIR need only summarize the main points of disagreement and explain the lead agency's reasons, if any, for accepting or rejecting one set of judgments over another. The final EIR does this regarding the LVSC issues and their relationship to the intersection of Madonna/LOVR. �l-f 3 -67 Prefumo Creek Commons Project Final EIR July 8,2009 Attachment 8 Page 7 EIR Significant Impacts The EIR has identified significant unavoidable (Class 1) impacts to Air Quality and Noise. Mitigation measures are proposed to reduce impacts in these areas, however even' with incorporation of mitigation measures,.the impacts remain significant. It is typical fora large retail project to result in impacts to air quality due short tern construction impacts and due to long term operational impacts as a result of vehicle trips. It is recommended that findings of overriding considerations be adopted for the significant air quality impacts in addition to adoption of the recommended mitigation measures. The APCD is asking for mitigation fees to be paid on an annual basis for the project since it exceeds established thresholds for air pollution. As an alterative to paying fees, the applicants may negotiate the installation of other items that may satisfy the APCD goals such as the retrofit of existing school buses or the installation of bike paths. As an example, the APCD mitigation for the construction of the Costco store resulted in the construction of a Class 1 bike path near the west end of Marsh Street to connect to Madonna Road. That project is currently under construction. Since the outcome of this mitigation measure is still subject to negotiation the exact terms of the mitigation measure are unknown. Short term construction noise is likely to exceed thresholds established by the City and is therefore likely to result in significant impacts even with incorporation of mitigation measures. Construction of a wall between residences and the project site prior to other substantial site work will assist with the noise impacts to the residential neighborhood during the construction phase. Long term operational noise impacts associated with truck deliveries and trash pickup activities are likely to exceed City thresholds following mitigation. Mitigation measures have been incorporated to reduce these noise impacts and loading zones have been oriented to prevent neighborhood impacts. It is recommended that findings of overriding_ considerations be adopted for noise. In accordance with CEQA, an agency may adopt a statement of overriding considerations as a means to approve a project with unmitigated significant environmental impacts. CEQA requires the decision making agency to balance- as applicable- the economic, legal, social, technological, or other benefits of a project against its unavoidable environmental impacts. The adverse environmental effects may be acceptable if the benefits outweigh the impacts. Cumulative Impacts The EIR listed a series of future development projects within the project vicinity that may result in cumulative impacts. Projects such as the Margarita area residential subdivisions, the Dalidio project, development of the Calle Joaquin auto sales lots, and development of a approximately 800,000 square feet of commercial space as part of the Chevron Commerce Park near Tank Farm Road were among those that were listed as contributing to cumulative impacts. Combined with the subject project, these developments will create cumulative impacts that have been assessed under this EIR. However it should also be noted that the majority of these cumulative projects are also subject to their own environmental analysis and mitigation measures. The EIR summarizes that when combined, these projects may result in significant impacts to Air Quality, Noise, and Transportation. A series of mitigation measures to reduce these impacts have been included in the EIR. The City may choose to set up an assessment to contribute to these future impacts or determine that they be triggered as additional projects move forward such as the Dalidio project or the Chevron Commerce Park project. ftt 3- 7v Attachment 8 Prefumo Creek Commons Project Final EIR July 8,2009 Page 8 Alternatives The EIR is required to describe a range of reasonable alternatives to the project so that the decision makers may consider project alternatives that will reduce the environmental impacts. The alternatives explore the option of a mixed-use scenario, other potential development sites, a no-project alternative and an "improved" site design alternative. As discussed in the EIR, the improved site design alternative is described as the environmentally superior alternative. This assumption is based on design's site plan that provides for a larger quantity of smaller development pads arranged with a closer relationship to Prefumo Creek..Although the superior alternative does appear to be superior in terms of policy consistency (Community Design Guidelines), it does not appear to meet the applicant's objective of supplying a retail pad that will accommodate the proposed user, a Target store. Furthermore, significant environmental impacts related to air quality, noise, traffic and biological resources are not likely to be significantly reduced with the improved site design alternative. Although the City must consider the improved site design alternative, it is not required to adopt it. 2. Planning Commission Use Permit Ordinance 1405 (Attachment 8) requires approval of a Planning Commission Use Permit to establish a commercial retail store greater than 45,000 square feet in size. The Use Permit is triggered by the request to construct a retail store that will be approximately 139,658 square feet in size to accommodate a Target store. Use Permit Evaluation Ordinance 1405 was approved on December 4, 2001, establishing maximum building size and maximum parking requirements for large-scale retail establishments within all commercial zoning districts. The purpose of the use permit is to ensure that specific standards are met for large retail stores with the intent of improving the aesthetic condition of the project. A Planning Commission Use Permit is required for all retail establishments over 45,000 square feet, and within the C-R zone the maximum size retail warehouse store allowed is 60,000 square feet. If the proposal complies with Chapter 17.40.020 (H) of the Zoning Code, a retail establishment of up to 140,000 square feet of gross floor area may be allowed if the Planning Commission, and ultimately the City Council, determines that it meets specific findings. The proposed project submitted by the applicant is for the construction of a multi-tenant regional shopping center with six building pads that range in size from 3,500 square feet up to 139,658. Although the use permit is triggered by Anchor E, the Target store, the Commission may comment on the design aspects of the entire center. The following discussion compares the proposal with the required findings: 1. The proposed use will serve the community, in whole or in significant part, and the nature of the use requires a larger size in order to function: The proposed use, a large retail store, is likely to serve the entire community by supplying PH3 -_?-j Prefumo Creek Commons Project Final EIR July 8,2009 Attachment 8 Page 9 competitively priced goods in a location that provides easy access adjacent to other stores that serve a similar purpose (Home Depot, Costco). Based on local demand, the proposed use does appear to serve the community while keeping additional tax revenue within the City. At the same time, the proposed use has the potential to attract a regional demand, therefore resulting in a potential increase of local restaurant, entertainment and even other retail uses as.a result of residual trips to San Luis Obispo from outlying areas. The tremendous variety and the warehouse- like style of the proposed retail use contributes to the necessity of the excessive size. 2. The building in which the use is to be located is designed in discrete-elements that respect the scale of development in the surrounding area: The proposed project would be developed between existing auto dealers and single family residential development. As proposed, the building elevations are divided into discrete elements through the use of alternating roof planes, extensive landscape and setbacks, and some variations in the elevations. The design incorporates wall articulation, landscaping and relief to help break up the mass of the building. The scale of development does respect the scale of development in the surrounding area since it is similar to the size of the nearby Costco and Home Depot stores and provides for a similar sized parking area. The Architectural Review Commission will also be responsible for reviewing the building design for compliance with finding #2. The ARC has already provided design direction with the intent of incorporating this finding. Conditions of approval are recommended to include more significant tree species are incorporated within the landscape areas closer to the building. 3. The new building is designed in compliance with the City's Design Guidelines for Large-Scale Retail Projects. Chapter 3.2 of the Community Design Guidelines (Attachment 6) provides for a comprehensive set of policies that guide both the site planning and building design. The ARC has reviewed and commented on the project relative to the.Guidelines at the past two hearings and will again review the project following the final certification of the project EIR. Early in the site plan development, staff worked with the applicant to incorporate the policies from the Community Design Guidelines, most importantly stressing the need for screening and breaking up the mass of the parking area. Staff and the ARC have also worked with the applicants to articulate the building elevations in order to create harmony between each tenant space and to add variation to walls and rooflines. Significant tree landscaping was added to the parking area to assist with shading and screening. Bemis and a trellis were added to the landscape planter between the parking area and Los Osos Valley Road. A building pad, Pad H, was added to the southwest comer of the site to assist with reducing the apparent mass of the parking area, and finally trellis features were added to the cart corrals as a landscape feature. Other items discussed at the ARC included moving anchor C closer to Los Osos Valley Road or moving Pad H closer to the northerly driveway in order to create more synergy between tenant spaces and to reduce the amount of parking area visible from Los Osos Valley Road. However, the ARC determined not to recommend these changes to the site plan. It is recommended that the Planning Commission comment on the building and site design and provide final project recommendations to the ARC as a condition of use permit approval. A draft set of these w - TT ' I Prefumo Creek Commons Project Final EIR July 8,2009 attachment 8 Page 10 recommendations have been included as conditions of approval in the draft resolution for the use permit. Parkins Along with maximum size standards, Ordinance 1405 adopted maximum parking standards in order to avoid an unnecessary sea of asphalt that is common to large retail uses. For retail warehouse stores over 45,000 square feet, the standards allow a maximum of one space per 200 square feet of gross floor area, with the exception for more spaces if structured multi-level parking is used. The minimum required parking is one space per 300 square feet. With a proposed 188,658 square foot gross floor area for the entire shopping center, 630 parking spaces are required. The current site plan proposes 837 parking spaces which is approximately one space per 225 square feet of floor area. As a comparison, the Costco store (at 140,000 square feet) supplied 700 parking spaces, however additional parking was installed for the other development pads near Costco. Although there is some flexibility in site design to the parking requirements, the retailers prefer to install additional parking to accommodate peak holiday demand. Due to the project's parking demand, the need to maintain a visual corridor through the property, and the size of the largest tenant, and the relationship of the building to the creek and the residential neighborhood, the site plan has few remaining options. An obvious solution would be to break the large parking area into smaller parking fields, however this becomes problematic since the largest tenant only has one entrance and the retailer needs to place the majority of the parking adjacent to that entrance. Parking placed at the rear of the site near the creek is likely to be unused except for employees.. Staff is recommending that several of the parking spaces abutting the rear of the site be eliminated in favor of incorporation of additional space for a break area, path and other pedestrian amenities adjacent to the creek setback. Consistent with Land Use Element policies, development projects need to incorporate creeks as an amenity. 3. General Plan Amendment and Rezoning The property is currently outside of the City and is designated as interim open space and open space on the City's General Plan Map. The boundary between interim open space and open space occurs just west of Prefumo Creek. The project proposes to amend the General Plan to allow General Retail in place of the Interim.Open Space while leaving the remainder of the property in open space. As defined in the General Plan, the intent of Interim Open Space is to keep the property open until constraints are resolved. The constraints to this property include annexation, traffic, flooding, and other issues that are examined in the project EIR. The interim open space area is further defined by General Plan Land Use Element Policy 8.7 that speaks directly to the future land use potential for this property: 8.7 Los Osos Valley Gap This 16-acre site should be developed if land in common ownership to the east is permanently preserved as open space. The following are possible uses for the area designated Interim Open Space: Vehicle Sales Pk- 3 - 73 Attachment 8 Prefumo Creek Commons Project Final EIR July 8,2009 Page 11 Multifamily Housing An open space corridor, trail, or both, to connect Laguna Lake Park and Prefumo Creek with the Irish Hills. Although the General Plan envisioned various development scenarios for the property, no specific land was determined, leaving the ultimate decision open to discretion upon annexation. Staff has examined each of the land use scenarios listed. Vehicle sales sites are no longer in demand for this vicinity since there are currently four vacant lots available for auto sales on Calle Joaquin. Multi-family housing is not a feasible option since the Airport Land Use Plan limits residential density to only four units. An open space corridor linking to the Irish Hills may not be feasible since the property adjacent to the Irish Hills has now been developed with a regional retail center similar to the one proposed on this site. Therefore, the logical development scenario may be expansion of regional retail in a pattern similar to the Irish Hills Plaza across the street. If the constraints to the property can be adequately satisfied by incorporation of the EIR mitigation measures as recommended, a land use designation of General Retail is consistent with Policy 8.7. General Plan Land Use Element Policy 8.8 discusses that at least half of the 180 acres bound by Madonna Road, Highway 101, Central Coast Plaza, and Prefumo Creek is to be preserved as a working agricultural landscape. Since this project proposes all of the property to the east of Prefumo Creek to remain as open space to be dedicated to the City,.this project is consistent with the intent of policy 8.8. 3,P -- �f Furthermore policy 8.7 r , r specifically maps the area that should be considered for development and the h - f r =` ,r• � area that is to remain open �. space. Prefumo Creek creates a natural division on this land creating a logical separation between open space and development as A 8 shown on the General Plan map. It should also be noted that the creek, along with a buffer zone of at Boundary between Interim Open least 50 feet east of the Space and Open Space as shown on mak, will be included in the General Plan Map. The numbers 7 _ an open space dedication and 8 refer to Land Use Element that will be given to the policies 8.7 and 8.8 as discussed above. City. If the land use designation for the interim open space area becomes General Retail, the Zoning would become Retail-Commercial (C-R) which is consistent with the zoning of the property VK 3-7� Attachment 8 Prefumo Creek Commons Project Final EIR July 8, 2009 Page 12 across Los Osos Valley Road for the existing Irish Hills Plaza. The following General Plan Policies discuss the intent of the General Retail designation. LU 3.1.1 General Retail-Purpose and included uses The City should have areas for General Retail uses adequate to meet most demands of City and nearby County residents. General Retail includes specialty stores as well as department stores, warehouse stores, discount stores, restaurants, and services such as banks. Not all areas designated General Retail are appropriate for the full range of uses. L U 3.1.2: General Retail-Locations for Regional Attractions The City should focus its retailing with regional draw in the locations of downtown, the area around the intersection of Madonna Road and Highway 101, and the area around Highway 101 and Los Osos Valley Road. In addition to focusing regional retail in the downtown, the policy above specifically suggests that the City focus regional retail uses near Highway 101 and Los Osos Valley Road. The proposed land use amendment is consistent with both Policy 3.1.1 and Policy 3.1.2. 4. Annexation The annexation of this property has been anticipated since the adoption of the General Plan EIR was adopted in 1994. It is a logical missing piece of the City that is essentially surrounded on 3 sides by incorporated property. For this reason, the property is known as "The Gap" since it is a gap in the City along this portion of Los Osos Valley Road. The annexation of this property will complete a reasonable pattern of development that will allow for the extension of Froom Ranch Way, road improvements, including pedestrian improvements along Los Osos Valley Road and the extension of City services. If the City takes action on the EIR and General Plan Amendment, LAFCO will take action on the annexation. LAFCO has provided a comment letter in the final EIR pertaining to agricultural land, and the provision of services for this property. 5. Subdivision Mao Following the completion of the draft EIR, the applicants submitted an application for a parcel map to subdivide the property into 5 lots in conjunction with the site development. The subdivision would separate the open space dedications from the project area, create dedications for the road right-of-way, and create separate ownership lots for the proposed building pads. As proposed, the map is consistent with the City's Subdivision Regulations since each lot meets minimum lot area and other criteria. The subdivision does not modify the intent or design of the proposed project and as proposed does not trigger additional environmental analysis since it qualifies for a minor subdivision. Although the map consists of 5 lots, the purpose of the 5`i' lot is the open space dedication to the City for continued agricultural use. Section 15325 of the CEQA guidelines allows for the acquisition or transfer of areas to allow continued open space or agricultural uses to be exempt from environmental review. Conditions and code requirements PR 3 -75- ' Attachment 8 Prefnmo Creek Commons Project Final EIR July 8,2009 Page 13 applicable to the subdivision have been added to the resolution. ALTERNATIVES Final EIR The City has the following options in responding to the conclusions of the EIR: • Disapprove the project because it has significant environmental effects; • Require changes in the project to reduce or avoid a significant environmental effect; • Approve the project despite its significant environmental effects, if the proper findings and statement of overriding considerations are adopted. An agency is not required to select the most environmentally superior alternative. The EIR identifies four alternatives to the submitted project including: 1) the no project alternative; 2) the different locations alternative (Froom Ranch East, Dalidio property, Froom Ranch North; 3) the different characteristics alternative (proposed project with alternative mitigation such as on-site relocation, multiple store fronts or watershed improvements); and 4) the different front parcel use alternative (residential or small pedestrian-friendly shops). In forwarding a recommendation on the project to the City Council, the Commission may indicate a preference for one of these alternatives over the submitted project. General Plan Amendment and Annexation Consider alternative land uses for the property as mentioned in the General Plan Land Use Element Policy 8.7 such as auto sales,housing,or open space, and consider continuing the project for fiuther analysis. Use Permit 1. Continue the request. If the Commission continues action, then specific direction should be given to staff and the applicant regarding further information needed. 2. Recommend that the City Council deny the request. If the Commission recommends denial of the project, findings should be specified. OTHER DEPARTMENT COMMENTS The comments and recommendations of various City departments are incorporated into the Final EIR. RECOMMENDATION A. Adopt resolution A, recommending the City Council certify the final EIR, based on findings and; `._ Prefamo Creek Commons Project Final EIR July 8,2009 Attachment 8 Page 14 B. Adopt resolution B, recommending the City Council approve the General Plan Amendment,prezone, and annexation and; C. Adopt resolution C, recommending the City Council approve the Use Permit to allow a 140,000 square foot warehouse store and approve a subdivision to allow 4 private development lots, an open space dedication to the City and acquisition of right of way. Attached: 1. Vicinity Map 2. Preliminary development plans 3. Planning Commission meeting minutes May 13,2009 4. ARC meeting minutes,November 17, 2008 5. ARC meeting minutes, June 15, 2009 6. Community Design Guidelines Chapter 3.2 7. Resolution A 8. Resolution B 9. Resolution C GACD-PLAWdunsmorelSpecial ProjectsTrefumo Creek Commons\EIROR reporuTinal EIR Use Permit(PC report 7-8-09).doc Attachment 9 atyo san us ON Community Development Department•919 Palm Street, San Luis Obispo, CA 93401-3218 July 15,2009 TO: Planning Commission, City Council,City Staff,Responsible Agencies, and Interested Parties FROM: Phil Dunsmore,Associate Planner, City of San Luis Obispo SUBJECT: Prefumo Creek Commons Project Environmental Impact Report(EIR)— Retention of Interim Open Space Alternative Analysis In response to a suggestion by Commissioner Multari at the July 8, 2009 Planning Commission hearing, an additional analysis has been completed for a Retention of Interim Open Space Alterative for the Prefumo Creek Commons Project EIR. This alternative, prepared by the consultant and reviewed by City staff, addresses public concerns over the loss of open space and increased traffic and noise impacts associated with the proposed project. It also leaves open the possibility of further addressing jobs/housing issues through construction of on-site housing. If you have any questions, please contact Mr. Phil Dunsmore, Associate Planner, at (805) 781- 7522. The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deal(805)781.7410. ph 3 ��r} Attachment 9 Retention of Interim Open Space Alternative As part of the Retention of Interim Open Space Alternative, the City of San Luis Obispo would adopt the following language in the Land Use Element of the General Plan under Policy 8.7—Los Osos Valley Gap: 8.7.1 Retention of Interim Open Space Designation A 3.6-acre area located on the northeast portion of the 16-acre Los Osos Valley Gap site should retain its Interim Open Space designation to provide future opportunities to consider needed residential use. As part of the current General Plan Update, the City should coordinate with the Airport Land Use Commission to determine feasibility of this portion of the site for residential purposes, including but not limited to multifamily housing. Prior to redesignation of land use for the 3.6-acre area,planned area traffic and circulation improvements shall be completed. If the City determines that residential uses on this portion of the site would not be feasible, the City should consider other potential future uses, including a neighborhood parklgarden, a staging area providing access to the proposed Bob Jones Bikeway, commercial development, or a combination of these uses. The primary objective of the Retention of Interim Open Space Alternative would be to address loss of open space and increased traffic and noise impacts associated with the proposed project. It also leaves open the possibility of further addressing jobs/housing issues through construction of on-site housing. Similar to the proposed project, the Retention of Open Space Alternative would include annexation of the approximately 31-acre project site, with 11.9 acres, the majority of which is east of Prefumo Creek, dedicated to open space. However, only approximately 15.3 acres of the site would be developed for Commercial-Retail (C-R)use and dedicated right-of-way, while the remaining and 3.6 acres west of Prefumo Creek would be designated as Interim Open Space (refer to attached figure). Under this alternative, commercial development would include approximately 162,158 square feet (sf) Prefumo Creek Commons Project Retention of Interim Open Space Akernadve Analysis r Attachment 9 1I U z4 LL cc CD f3- a. Q H V F \ .`, �1 CC ••.• M 3` i * r > d W•.t �.! ser Y c 25 Cie 00 LU W r O v Fa eN wp aa 2!0 4 �3 az C J Ltd s :. y m �g,.c' m cc '� Q `► m... -." _ Los Osos Valley Road y "` .. .x e.A W cc �q _r=aF f _ ( — trr'•f��� iti a p, - f •t _ Attachment 9 (a 26,500-sf reduction from the proposed project due to elimination of Anchor C) and approximately 217,686 sf of paved parking (a 92,447-sf reduction from the proposed project). The extension of Froom Ranch Way would be completed under a modified configuration and would separate the 3.6-acre Interim Open Space area from the commercial development area. Three future scenarios for the Retention of Interim Open Space Alternative are discussed below. Multifamily Housing After coordination with the Airport Land Use Commission, if the City determines that residential uses on the 3.6-acre Interim Open Space area would be feasible, all or a portion of the area would be utilized to support the construction of a multifamily residential development. While uncertainty regarding design details of the future development prohibits a full-level of analysis for this scenario, impacts associated with incorporation of multifamily housing,can be similarly compared to the analysis for the Incorporation of Mixed-Use Alternatives found in Section 6.4.2.2,Horizontal Mixed-Use Inconsistent with ALUP Density. In general,jobs/housing imbalance would be partially reduced through the construction of on-site housing and decreased of the number of new jobs due to reduced retail development. Impacts to traffic would be expected to be similar to the proposed project, but slightly reduced due to a trade-off of commercial space for residential development and the associated impacts to trip generation. In addition, impacts to noise would be substantially less than those described under the proposed project due to the reduction of commercial development which would include Anchor C and its potentially significant noise generation site (e.g., trash pickup/truck delivery area located in proximity to existing single-family residences). Demand for utilities would increase due to the addition of dwelling units which would increase demands on water, wastewater, solid waste, and police and fire services. Impacts to all other resources areas would be similar to those described for the proposed project. 'As an example,if Interim Open Space area were developed with 60 multifamily units it would result in an increase of approximately 42 P.M.peak hours trips(0.7 peak hour trips generated per multifamily residential unit),while loss of commercial development would result in an approximately 134 peak hour trip reduction(5.05 peak hour trips generated per 1,000-sf of retail);this would result in a net decrease of 92 peak hour trips. Prefamo Creek Commons Project 3 Retention of Interim Open Space Alternative Analysis PR-3 _Q - - Attachment 9 Neighborhood Park/Garden Under this alternative scenario, all or a portion of the 3.6-acre Interim Open Space area would be utilized to support development of a neighborhood park/garden. This scenario would help to address public concerns over the loss of open space and increased traffic and noise impacts associated with the proposed project. Regarding land use, impacts under this scenario could be substantially reduced due to greater consistency with multiple General Plan and Community Design Guideline policies through dedication of one-half(15.5 acres) of the site as open space (Land Use Element Policies 1.12.5E and 8.8; Conservation and Open Space Element Policy 8.2.211) and offering a greater view corridor through the project site to Prefumo Creek and adjacent open space(Conservation and Open Space Element Policy 9.2.1). Impacts to traffic and noise would be substantially reduced under this scenario. Initial analysis indicates that elimination of approximately 28,000 sf of commercial development from the project, particularly when combined with an aggressive Transportation Demand Management Program, would avoid potentially significant impacts to the intersection of Los Osos Valley Road/Madonna Road. Delays and congestion at other area intersections would also be incrementally reduced. While this reduction in vehicle trips would result in lower traffic volumes and associated sound levels to nearby receivers, impacts to noise would also be substantially less than those described under the proposed project due to the reduction of commercial development including Anchor C and.its potentially significant noise generation site(e.g., trash pickup/truck delivery area). This would substantially reduce noise levels described under the proposed project for existing adjacent single-family residences and result in less than significant noise impacts. Under the Neighborhood Park/Garden scenario, impacts to air quality,hydrology and water quality, and utilities and public services would be similar, but slightly reduced compared to the proposed project. Construction (short-term) air quality impacts would be less than the proposed project due to the reduction in overall development, including a 26,500-sf reduction in commercial retail space and an approximately 3.6-acre reduction of developed surfaces. This Alternative would also reduce the exposure of toxic diesel particulate matter to nearby sensitive receptors (i.e., Pacific Beach High School). Impacts to hydrology would also be less than the proposed project due to the reduction in 4 Prefumo Creek Commons Project Retention of Interim Open Space Alternative Analysis PA--;, 002 Attachment 9 the overall level of impermeable (paved) surfaces. This would result in potentially lower amounts of runoff from the site and associated impacts to Prefumo and San Luis Obispo creeks. Impacts to utilities and public services would also be slightly reduced due to the reduction in commercial development. Impacts to agricultural and biological resources under this scenario would be the same as those described for the proposed project. Commercial Development Under this alternative scenario, all or a portion of the 3.6-acre Interim Open Space area would be utilized to support additional commercial development at the project site. Although the ultimate level of commercial development is uncertain at this time, it is expected that the overall commercial development under this scenario would be the same or less than under the proposed project. Therefore, impacts to all resource areas other than noise under this scenario would remain the same as those described for the proposed project. Depending on the level, location, and configuration of commercial development in the Interim Open Space area, impacts to noise would be potentially greater under this scenario due to the construction of potentially significant noise generation sites (e.g., trash pickup/truck delivery areas) in close proximity to existing single-family residences. Prefumo Creek Commons Project g Retention of Interim Open Space Alternative Analysis e- 13 \� Attachment @ \ 2 \% .0 j- CL AS e £ § ± % ■ C _ ■ 2 / ) / \ ) \ ) . k $ 2 > - - - - / � Qa ¥ w = § � - - / to § �& - - - - - « - d ■ . ƒ % _ 2 ■ E 3 ' o . § p a - ® 2 _ W 5 _ O ) ) rA a0 _ a 2 ) } \ d \ \ \ d 5 g ` a a ■ � � � � ° j ƒ s I � k } 7 ± ) 2 - ] ) ] � J ƒC,LIC ° / 2 . . ) } �/ a ] /) ed) \ // / k // ° PK3 -\ Attachment 10 Area subject to Land Use Element Policy 1.125 i E Total area= 185 ac. VVV 4su g 50010 of ®ER Dalidio iso n space, approsima open 9"% l of area(90.5 acres) !�s would be open,space, ifGap property allocates 123 acres. 9! F4M 'SAP<F Land Use Element Policy 1.12.5 Dalidio Area properties (generally bounded by Highway 101, Madonna Road, and Los Osos Valley Road)shall dedicate land or easements for the approximately one-half of each ownership that is to be preserved as open space. -�' Attachment 11 Area subject to Land Use Element Policy 8.7 c Prefumo Creek ! ..::::. .:.. "!6 acre" V� site 1 F<M i i M F7 .8.7 Los Osos Valley Gap This 16-acre site should be developed if land in common ownership to the east is permanently preserved as open space. The following are possible uses for the area designated Interim Open Space: Vehicle Sales Multifamily Housing An open space corridor, trail, or both, to connect Laguna Lake Park and Prefumo Creek with the Irish Hills. loll K3-8� INA ot ♦ ♦ NO �1 al. Y •• •� o�QQ•QQpQ•Q•Qp.•i'�O•iiiiiiii`. ,��-�...__ ►w of�,�, _� � �7-�•��� l��n%••:,R�� /f�.� •yr�p�•�••❖•O•iii•Oi•Oii•OP :�:7 �;�i�,.•�,. �♦ �••�14'��•••�•�� • i i'i'�O''i i•�•ii'i'.�'•i'iii'iii'iiiiii'ii`. 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Resolution "A" RESOLUTION NO. (2009 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO THE CITY COUNCIL CERTIFYING THE FINAL EIR FOR PROPERTY LOCATED AT 11980 LOS OSOS VALLEY ROAD (APPLICATION#ER 7-07) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 22 2009, for the purpose of considering the Final EIR for the Prefumo Creek Commons Project; and WHEREAS, said public hearing was for the purpose of formulating and forwarding a recommendation to the City Council of the City of San Luis Obispo regarding the Final EIR; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 1, 2009 for the purpose of considering Application ER 7-07; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Project Final EIR which includes the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff,presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the City Council makes the following findings: Findings 1. The Final EIR was prepared in compliance with the California Environmental Quality Act(CEQA) and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. For each significant effect identified in the EIR under the categories of Aesthetics and Visual Resources, Agricultural Resources, Biological Resources, Hydrology and Water Quality, Land Use and Planning, Transportation and Traffic, Utilities and Public Services the approved mitigation measures contained in the EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. nR 2 — 99 � Resolution No. [ ] t4qkouionnt 13 Page 2 4. The significant effects identified in the Air Quality,Noise and Cumulative sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all the identified mitigation measures included in the EIR. However, the Planning Commission finds that the adverse environmental effects are acceptable and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because: a. Mitigation strategies are identified in the Final EIR help to reduce project emissions and ultimately put the air basin in closer compliance with established State and federal standards and may provide housing near retail, services and recreational areas. b. Significant changes to noise and air quality are inherent to the project due to the scale of the project and can not be reduced by changing the design or location of the project. c. The unavoidable adverse impact of construction noise is temporary in nature and can be substantially mitigated by implementation of a construction management plan that regulates the hours of construction, noise reduction measures, and a complaint resolution process, consistent with recommended mitigation measures. d. The Cumulative impacts addressed in the EIR include mitigation measures designed to improve traffic, air quality and area flooding and future projects that may add to the cumulative impacts will provide additional mitigation. The EIR summarizes that when combined, these projects may result in significant impacts to Air Quality, Noise, and Transportation. A series of mitigation measures to reduce these impacts have been included in the EIR. The City may choose to set UP an assessment to contribute to these future impacts or determine that they be triggered as additional projects move forward such as the Dalidio project or the Chevron project on Tank Farm Road. 5. The City has identified the following overriding economic, social, and other public benefits of the project, which are additional reasons that the significant and unavoidable impacts identified in the Final EIR can be found acceptable, and hereby adopts them as a statement of overriding considerations: a. In conformance with the City's General Plan policies and community goals, the project will provide for additional retail opportunities within the City's urban reserve area while providing for jobs and necessary services. b. The project will provide expansion space for existing businesses and opportunities for new businesses to locate in the City by creating new retail, restaurant and office space which will further the General Plan Land Use Element goals; c. The project will provide expansion space for existing businesses and opportunities for new businesses to locate in the City by creating new retail, restaurant and office space which produce additional sales tax revenues for the City that the City can use to provide services to the community. It is anticipated that the largest tenant in the project will generate approximately$550,000 additional annual sales Q tax revenue; Pu 3' 13 1 Attachment 3 Resolution No. [ ] Resolution A Page 3 d. The project will provide for a significant expansion to the City's open space reserve, with the intent of securing open space for agricultural use on land that is contiguous to other such open space areas. e. As conditioned, the project will provide the potential for multi-family housing on the site which would result in a significant addition to the City's higher density housing stock. 6. The General Plan Land Use Element EIR prepared in 1994 adopted an overriding consideration for potential noise impacts that may occur from increased traffic due to development of this vicinity as a regional serving commercial site. 7. The EIR has concluded that the project will result in significant impacts to global climate change due to the emission of greenhouse gas emissions. Although the project includes mitigation measures that are intended to reduce the emissions to less than significant levels, the lack of a threshold for"significant impacts" and the inability to quantify the mitigation results in an inability to determine satisfactory mitigation. Therefore, the EIR concludes that these impacts are less than significant following mitigation and the adoption of an overriding consideration for this impact is not warranted. 8. The approximately 3.5 acre interim open space area reserved for housing on the site is likely to offset potential impacts to the balance of jobs to housing. Section 2. Certification. The City Council does hereby certify the Final EIR for the project with all mitigation measures as amended in attached Exhibit A. Attachment 16 Resolution No. [ ] Resolution A Page 4 On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of 2009. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jona well, City Attorney GACD-PLAN\Pdunsmore\Special Projects\Prefumo Creek Cotmnons\EIRTinal EIR\Council Reso A.doc Exhibit "A" Attachment 13 a. EXECUTIVE SUMMARY •nom � s N u y z •p c � u o w+ 'N ° � o N •- c 3 � y V .E C Q y 0 a W „ ga'ELJ � 8 � � � dwV r 'm °� Eme- o �p u `u aocom 42 E Z d Eu �. 4' aiuEMD L3cEm u w '$ .� O a ro • L u Ea o•o V = um5 uEu ° aNi � o ° � caow � a fiK e m E E u 2 > .__ u o .: m '3 '� ou O eo opc° E m Y Q ° aNi o •� d " a v3 cn wed > > c c °u' O5 m •� a .D :: c Z 'E '� ot $ ,° cL y aci c °' `cy :: m m � '� � �"' •m • � :; � •.. •3 c E Hj ''yOL �wNO0 Cr ' 1aE N' =0 = E ' o oE u ° O up Eu 3W � y N y y i ,- o — cobg va9 g E ' a $ s uu u Nc E 2 _ 9 y CO w3 E > .uu to >u C y 'E ti Q C 'O d L u a9i ° ou y « 'c � �, YyNeaoia � � � > d aEi °-' a c> 5 m °�u ° ° a a ° ani `o e o °� Y `o u c E L > u n p s > W 2 y a' e e eD mi ti Q p .S 3 o g o to -14w >,= mO Cs p.0 e0 `70 E • ouc� Q 7 u C O E'N c:3 E `o. e • e • • • • y as > L e u u 'p •a0 a a4° e O N 7 u S e o �= u Q N m o u a u '9 ' z a d 7CA Cp O O u N 0 .. i o c a c 1 o C4 u F E n a � .uE � Q � 7Q ES-16 Prefumo Creek Commons Project P 1 OL Final E/R ry� p e `y 1bit "All e Attachment 13 •w EXECUTIVE SUMMARY scum LU C ca 06 F Vl vi r� W E r Z, � 7 d � a a.. ev ° a ° y C y N Op '� ° y c s r0 W E L V v r D N y > 3 E y v s o c y ' � � € y m ° `� ^ o = y o o E 'c_ ayi a � •`- ...: ° r m ai oq u r� 1° u w 5 .oo z c eu0 Cda' aoa USIEy > cD �, uN a � � ° m ; ac oto co ami ao mm CL y o a8 tc —..o. °c o� . c' o�ou� s 9oaai ti3E ay�i 'o �—° =po t= aOmU V t ' •° o c =Ta1yOi ccm > U g , n ` 3 op osAE a U w o e ` :o oUo �? m o w c.c 3 9 s >d .�.itl Q .! Q> ° y av apLE 'oa � Q. U -tS .= ¢ e eE s° ECU U °•�w-a * Eo ° apo s epU EoO U oDU eza' i y ,,, v v �? A v d y 7 v ' •c0-� y N O y ' O Q U N y E mlog c ^ m y 3 c o aci aLi 3 = c y $ v = m 6 �' cb r = H Q m 3 n 3 i Y r 0 L C� y y .. Q o ° m a°� ° a� Ei � � u ` = y " > o � 0 ° a� Q ' oma H � > GOn . 0 eal a o u y .0 a� _ .� y o a � 2 o yLv cop aU u- -0 MU h °3v aE t c`o s° r E3 H O C Q Oct A Q � m Q U ° °a�' 0. a=i � c°� o°. C) Lou—< ° � 0 v 1 � u a�2 a.. a VJ C d a .. m F E r Prejamo Creek Commons Project ES-17 Final EIR Exhibit "All Attachment 15 •� ExEcuT►vESummnxv o® �x I� ig C L F fA W q +�+ E � r QO 'O it d w w ° Cq c a W N o o¢ Q r y E a a o s y y o y c n C C ' _ �� > s a� Q oZIM to 0 os U 00 mow 3 0 � o 'o x o o o c m o o E `o S c or EQ o d � �r Q ° E c� y v o Ox ° naw '� . a m._ c $ u o es ? i " 0 3 a E r 'h c a ` Ua, Z w r y ° •an yCL c d °a o e .. E" E o aciv • ��' yd � cC7m�.ccEo � �s' g � oeUh � E S o _ '>_ e E = s s `o ? u m v `o •. •E Cr r E u = W> 1>3 „ o y Tg y _ � s E y ai a asi v °' ” s y a`� $ 9 a`� D � Cd > 5 °ate o o _ . pao � aU C m o > e °' u Q w H h y p o p Q c F� `o � ° CUs E . o .. a°i E . � p 0 as a� U $ ° ° ti mow° c o 3 es 2 E o ° x v ae9 E E ova 2 � $ m ` d — ;Q a•'i °' m iC v 00 c ° �y p y , w p y Q m ;� u o U o 0 v o '` •y y C e ° •oma ° s .E c ° E > c—_ tires o a ..°a - � y °"' � 3 Q �aQ Z y o 3 m m I's a°'io ° � nW scy � Vo W 3 v 'o c o cRa ° y m _ ° - . o S E E o v `� . 3o M Co° 4 c c� 00--o p G�« cc U C m 8 = pp p 0 ' sC6 —mc �o0 Vwoo C E u WN = u� = m u = = zce Es oa , > oa:_ E ° Eu U y 2 w Z ❑ 0 m v H a eYdv o = � u • • • • • .� cyow3 � m R.. C �+ C U v1 W d G .. ea � F a E r ES-18 Prefumo Creek Commons Projed Fina!EIR - a Exhibit "AlF 0 Attachment R LL e� P MCUTM SUMMARY 0® y U cc LLJz .a U m N ..'y 4 N W N N p N N C Q v CL- Up $ L. JS N E 0 s oo` ° � °d'me 'on� $ 3 � E. t o On9 " �:� °cd � � t a = O v' ycEv 'cOc ;Nairo 'w '- . OE 3 .5 E o : y :2 4p .. o ., gg y �'r- rz ° 000 'a y e v �= � 00—IDv E`'?> •_ NU C ¢ a3Q Ec .5 E cgN � �L LVOT yy "N' td E9pi X = p :O a rj •� C r d O = t6 L = E N is am N L •�r :Y !' 'y •O N c0 = •� of ..i Y a) v y = C Kz7 > in p y d o L' ai0i a v. .y 'o °' c + O _� d 0 > N e a=i p e v O Or o dCl m pa,s c c 9L 0 = 0 o ' E L0 �:: d o u .,— z Oi° Uw cm? y O Q,- _ g.*9 d r u $'`o? •a° � ' p da Q 9 da S -0 vo° Qd .amHm ° y > > cf _ p3co macnv ` °it. o0 o o ` E. c Ls °n4 > rc E 0. an. CS nvcoN o is V U 3 C 44� O p a) c W N VC C O y p 0 Y w _ u y d 0 y u N V V •� .E -5 a U, p O O L o 'O o,�C •� .=_�. La up L Ef oE SN `v ' a0h' oU u u i w = O •° o cE y '2U OE O 00 N O°p-�= .0e u =• m Ey _ 3Loas f. 0�° •M�o .Na2N>> �°� C ou ' °oE y N Od 0o o O °rEQ •o E Q QE u o ? 0 •0 N Oc Enc ' xoEE y o N u u oa� c- = off m .a n '0 p ' y • O d p ►.1 Gn O C Z = �•c GM a d 7 v p 'O .. O pp cOU y yU t N Ua O va o .� yo 'cr r; c to cc v o p o - N .2 K5: n W = gu ° •E d_ E d u O y o � Chi rn V V N U O o > 6 Htr [� 8 p• a c .. D y oEo Q3amO � 'y Prejumo Creek Commons Project ES-19 Final EIR J Exh16f " Attachment 1b EXECUTIVE SUMMARY m® a® x C s F N a S � a EO 0 a p p 0 9 tO L C� C gg WE .°_;n. � u co y u ?? c «. .: w •� EE E O 142 c A ya r r m. 5 rE z ° u ° > CW ° . Hi s 'CETu moAu uc W a uo� �E „aa m y E ` a•«o N 2 � uyE C o a� � S SLY ? 3rJy' a�°iE o °E' H .8 Ou ro F mUa n 3 E c o co � •°-' " � a c? a"i c 3 0 u o m to Rv a t' E •y F mo 4 9.Gd d .°oaU•-oyouE o 'r- �m - � =e 3 m `.". •E `o�o 0. :pEd >'�CuA =mo ymeo $m ae a " ° o0 a: 1* ° EO u� oa .aE u dg uo 3 d U ° U � � 4; cu o d 3y E o = .2 0' fm U Q 0 m T �Eoa 0 > uscyEc E E i o u o• o o 'a U tu se; Ea� eu vu 0 r a� fA e°'a ° F �.`. 3.a = ° e' = __ 3 > °' E .� ev °•m d `� �._ = as •o y °� y a :; o `o o •v .E . c�, 'y fi7 o = v e = m e •4 w . y 8. �.,p�,:,, 'Ove a;.a°, •opaO,s� 5Wa ` v eE Ou `� Ea F a.w. v�T, 6o 'nG.'�E- �E - � 9°°u' c •W °' X �ov oDy eoc Qme Wi°y mHE •=e> 9 oh � °EaECLw mug Oy - o. Eva=vEr ° ° B 0 �u ° E _ 0< O0 .= d� o C3 $u y;o ca � m Ru .a C u w w w C O � rig ' W � u F m E 1.1 ES-20 Prefumo Creek Commons Projed P�4 3 A:7 Final EIR - Exhibit "N' Attachment 1b :® ExEc[rr w Sorminav ®® o c Lu o •d, a•c`O E .E c o E °• N .. c •° oymo b > ° V 'O p p m V C G y m y.> o = a� T� d ap E .o E - c y C.l �, m yj C pp•pO N fj •x «�• 8 � maE. o c ocCy� E ;o EU � ,oins ,Eoy. � � 00 = O 00 O V 67 �m C C 00 C ' o > y y C N C ^ V N ` p mCd >f u > er/yn ° N .mcG. ra°>1 loz p7 °' ors p CL E w ; ° p c c = u c 5 O E c = you ac e Z 3 a E CO.° L' o > EA E ao mU c y = •c 17, w = E v UO 0 E = 2 .5 E E = = ' dvm o r+ 'oa0 °' o 'o � � 0 ° � o ° ° t, F •o E e N r = N R 3 •o 'E ou 1N..,� N 3 F ` uy V vOi 3 V N . C U79 a cC O 0G LpQ i0 'irl r. C C C 'y C d � 'co � ococ > . u `o c ova o c Ot .G o,.mo..r a co e �E y dr •r �4 00 _ ° H c o cy ti 7 .E 'p � ° u � E � oT� uyaQ .c_ m3 .VV mm e > a � o o _ Ern y u rA 04 e m ° ' y •o O e = _ •o m '° _7 Y. ° Q im E E "E .� - 2 LIM ai ami ea cn z .;7 = •= a y.r1 0 '- Q o E: �,^ c -S 1.. o c `o .o ayi m r E m d O y o 2 0 0 O m '' O o c U c ° > u C _ � � G W v Z .2 c � v u z 2 N u iZ ° H v°' o w a> 4. � a m �� a c = dc� uo � o � e > 9y U 'o Ch 03 Q uo y a S $ • • e > C6'9 o r�. v v •o o t,U o m r« do O1 4 �. C C O y O u "� � m ° N C oV V C/1 u .•. u v >y a9i a � „y °asN � Ty •� e -°o mU W r U96 s° o _ ayioU F y ¢ N y O OO O F m vioa Z — E :2 E < � Z3oS °ao PrejumoCreek CommonsProject ES-21 Frna/EIR Exhobl °asp ® Attachment 1-5 m#-= EXECUTIVE SUMMARY m® cc me• 7 C d ,o .. m x L `o_ o ! LLI E d s Ems ° °= > •c a u v = c � p V O W u m � uo* E � op v � a� eCp N C .°iia °c ° C N 7) O D O N u �N, W o u r $ c u a� y ° �rL: aEi ° g e 39m u 2 J E � E c o u3a"i mmyu m m s u mN u ucay u : o f yNo mE O. ouy Ea > C. Z E ° " �°NsE E a 'o Em ° m o E U y •N ua Vis . aci 3 coo a3 ua c o c°1i c aNi vo a•c v N ai c b m ";Z sm ° co � oE ,ya ao = u E s o > sh E` yN N wuN .] moo O .5 — = NO -S d O y Eo .=C NOEO .07pW "NEN L•33 yZ N -20! L 'C' ON 0pO O •p ueO c ao Ca c aw UOiuur.m ° u . = � c° � a %o -2 E.00 o ee my oN . oc mr0 NaE c .Ero g a e os >, u u Eou E oo V Tcc ur ou L � .3aF � ow 0L� 'r, uO E � ro Qa° o aue c. c y yv0 Ea C d � E `o cY c e o o E o o us °c m � 0 �y .2 y bo a °u sX �u u � ue eN M> O.c > E a60- 0 Zsz e v d Z `� 7°- Z o N E v H ti u a m �°or • u c o c� a2 � m a `� HO h � " ass occd � v . = O co ° 3ED2 .i � a•Oi °9' O e O N N Q m u . ZL o z E LUZ ES-22 Nefumo Creek Commons Project Fina!E!R A hment 1b EXEcumyE SUMMARY a C C Et yL � O _ C p> 3 u E N 0 G a 0 U ° pmc 'oa LODE yi E 3 N o •y-y a _ O U N u ,i O > Op, > � 9 4.•00 ai 1 E r E .: h u C E 8 .2. a3•'e; C/1 - 00 E 'y: 0_0 0 on N 3 C R _ p E L sQ�' Ca4 �ENOExeCO E rn no. _ oo ? Oz. ° e o PONONd 0=4LaC.DoEC Ocd� OOEasU a E 3 . o $ °o0EEM4? c -rs `` y tTd .NTCOCCCo>7o N u 2:€ 2,'2 `os _o.o °: 5� e:X. " o - X. U r= � e � a ° � mob Hs 20 =*.g E c o �o °-' sem aci4?m.2 y�C :? rsi t o N � WO E �_ E r� a� m Q C G ttl N O 4. 0 w N C ..E W .� y' = L on L . yy5c_ smE ca - - N x0 0aN u 'a x e op .Og me OCCU! oQ lo . _ °m -g Em 3 00 E = COti.. C e —•0 —. 00= N L W L N O y N y u O E - E2 � 3o a 5 d y v� E E yam' CA 2 � = E n �d n b EL � �'� u e j t. _ > a > = E u > c. u o j CO > y s T N Q ° 3 m u � � do;uv E n axi � �'o° 4x-t°. ° o � � `o e h 3'h aaE 79 -S:°• 3 3 eo a e 5 Q o ES u m 0 2 E v A Y Ga V 0''O a7 V C Ca N'— C ° u N 6 ctl O �'d OD•C �L �i O E.r Lam'° '� 00 U1 u a 0 .N c 0o m o 0.r •. = y n. = W m c m a o• E 3 orti ° ° y � aYit 0 ,23 04 u m o c ` 0 a - C E" E +i > L2� S _ y yob ds a•� N C7 � _ E c > m _ 3 v c. P Q ME a 'o ES-23 Prefumo Geek Commons Project 1 l 3 Fina!E!R Exhibit '0®19 Attachment 15 Ic EXECunvE SUMMARY c u r0 Ey N m> O N Q _ .w.. as E _•_� O ai�3 �� 0 _ an r m asEO u ° "°•Eo == � q� y 00-:E °— a 0 CL 9E0rrUp, 3 ° 0 p=y " c = = y'y a •E •$ 'a >•- c� ou cn z E ° .m E 8 •5; �� 3 e c p U vNi S n � c N O-0 uNC y p � E" cOE y „ = E � gid - 80 � � N � a � a� odEL a 9 .3 E •= = aai E °� � o p °�' h � v °- , o = o E °- � � CFrta Em .2 EV_ Tc > oo ¢ o co 04y U E ami >>' �m y d o U o N 8 m m arc E`o E E oUa ag_ u rUO-82 Eo �Udu0 V� = GO e � C � ELo9 u mQ O, aeiou E •� u �L = 3 • e• c.o Amo ¢ eS � O �� E r '� No � c � � L1 °' E m ° c Q= y 3 Ll .° E ° . 8 8 = E o c� � rY _ > a) y U �. E" E E uo u 0 a = 3 > .E �, " S d �� E- a0 .8-ae E a=i ea' L EE = E E. COL 8A O X - Uo _ _ E u U o _ � � .. 'R 2 � F E d = i° em o Oso ; •O n u = uCI C6 g. d ".' ° • wF eo o .aN a � .o •y ` >' c P: orEC :E E 8 73 8E 48a'Y _ � �° E3 � � o oE � o � � � 9 � � o ►r G 5 c. m:E G"G .. O ar h = "' -A - e •°- 'g c � ° E °� E � �r Z eh H M H O 00 CO '.°. N U O= m 00' N i3 .. O_ 'O O C g r = '" a=i •a .E E w c. o � • ::L o 0 R V N V L C O'er u N ,y0 C.'� .Q E M •� U U d d u m Q NA ¢ o °� e ° °J ¢ �_ E d •y o ffi ce c ami ami cE � sC � 0 e ccE ° d .5 •° C E LO H ed '� g L Ea � 8 ° c o E 41 y E S L O eO » v'= 0 > u ar iE ° c V tCyd.' � " p N C N •x 9 ' _ ° IA V .-0 - = u OD yWy ° O p 0 . > L ° '01. 53 c 0 E eqm E o 0 'm < ou• C rp a A '� a O .. aces e4 0Q :? oma e.i ¢a m axi E&24 Prefumo Geek Commons Project Final ELR 4 A. 4. v v Attachment t �"`--.,,w"'.3�J"'�SIT11'I1V1'A2FY�_:a.:,..:,,s�•�_. •��' rte. vi v ne �WN N LU 'fl G G Rf > M rJ 7 V A V t O t y ° 7 E G 1 aa; 0>,.2 o a u a v u • , m 2 y a an BE �Cn� > oo � ula V U V 8 C ° $ vVi y N p V 7 aooa_ .. w 0. C E •O e u os o 0 .y „ E00C 0. a °� 8 � 238 � � � 8 C pj �y 7 FrS u 2 n pOp 0 •. �p V c0 7 E l y •O L C V o crU o0 0� E ° 'y C. u oa � uE ° u rl � yQ s2 0 -0 '� ° o t cL � D ' E Q o U1= ut . = ° - 0. U Eo _ > aQi E c Q E E o E W o c o s 8 - ° 2 aci 0. .2 = , .2 c �� o E v O > a EZv� � .o a0 z e o u u o N n > 2 c u e tiU a Q EU R ` E > y > U d s a = 20 m °� g `�y 3 e o 0Mo Q .2 m`G� G �y E u e ua ° . n ° ua€ a c t H3o v 8 E = u . h v aca E 0 = $ 2 c-A EE rani � y u y v E > E 7 o E y •E $3 3 E o h E _ •o - .2 $ o c Cg 3 Q y N E '° yC 4Eg 8 3eO U tO V m' E o° °y E s°YE. Q E9 0.0 aro u y 79 Os O 0 'aCL O > > R n 400. O > 0 .0 E L. E= 2ucd �. E � ,C '.. •— V C w at y iy y V y u C e+1 C •� O 00 d .0 0c0 h p ' `' '= o.''2r `° a ° O' u C Z d o ° E o Z m e o V y e > ? v � h � a.ta0 n � � u > .� � cE � dE m< � Sya' � " o cc 2 •E 8 8 aGOO � m� C $ o. E a `2 �� 8 .5 SS o a Fv� Bc d e°o :: V T.2 .O R 00 d aop y C F� O a o C a•E•yE u i., o •- E G W C 00 00 V O y s 7 V O Prefumo Creek Commons Project ES-25 Fina!E!R �- '- + Fv i rZ E o 3-y �o m'[n �W o m n °u .. •rn E a a>j ".r y> .. yyoc oo An; �hm ui.n Cc J + y„ C J + y « F N E n 9 gy+ O o f ■ V +in` '■ C +in C 0 LL:•v�- m.� u o y n 4 O w • u O �•°� O � +y- LL o m O C� S O eL O cr ,f■pe e r �c • r '�ey: EY_ '� vivo °g E� n•" E �'v�otyiG •p ',`/A/� v vo+o` v v vv vc C3 CB �q � m a� p, �- p� ..� m •Bi .. x•14 � u° 1% e > >v EYZSo A$= m W� 5 €S d E 5 � b d,o Cm �y �m mw`_ �^^ & 3geE � oa'� Q a� �°:o �oE� � e� pr•° o m yw .._� p.._zin p� yy �,vo t Nu.Nra os aoa a a� O O$ .Eoa m.. ILCa m� IG2 O � > o'�O�' n9 • o vm'Gvc e— EXECUTIVE Su4k► BY. x T c m N LU 9a ° a E U Li � 3 � t '�O •p y C � , = E t5N °> ° N y O •- C w�.030 > 3 ? oma-° a w � � � O E y•p Ca n E d EO' ou �V Z E 0 Ere o E o E m K Ear a5 d 3 .ca O G �'. C T r C� u id m � C yy C �a Y' 'U y •a •3 r v, EL on oo N � L � a' a ca r7 a � r4 yoai c E v °„ :a! o c N: ° `o E u Ob s'o ` a o 0 0:o p' a °L�N' E �" c n E c v y E oc Eo � v •o vEcc ?; Cm > o c2 53 N n o'e 01 y 5 > >I W c o o m E m a` 2-00 ° a $ o o Q a d E - W Y u c� u:c �: V $ L ' e: op e m E a m O o s c = N. E N m u:�.y4 `r3 a at ani c�; °'h v°, >y > E9C >:2 E � EO C °• — U N a -Lya O C LNC 70 ec �Etl N air m W W 7 •t7 �.- C L � �': � v N � � r0 L ° 4-. E d: .. c on t0 � �- :3 � � _ o ° ° o N o ° oao- 0 .9 0 H ti co c V •s � aci _ >. t°' = oma° E •y,o 3 u s a E °; y ° ° 2 _E U- e a d v. g p � c c c e' Ea N • o d C7 a m ° v ' o:� v OJ ° ° ° ° .3 'O so � :Ita o 2V°G �eZ .e . 2 � O aca2 " E FiAEIE � Ea O3 u is c Q cr3 9y > o p m m - ° a °: Qs NF° Sao Z .E - a� a aa•� � m ° 07 - r+ y VC E F� a w U c 'pn U i~i CZ•p O •C an C R O N •�9 0 o E G p m v r a � •O � O L � O y u 0 0 _ v Q W '� i7 O !'• 7 9 0=0 0 .0 I Oa r 'N V LE ES-26 Prefumo Creek Commons Project Find E/R m � PE yea IbIt "All Cox- m® XEXECUTIVE SUMMARY L ami r.=y C U C N V u m 4, p C n C O O T O r 'O s E � a>i 8 io •o _ a y � F N ai 'O T T T E m ,°',� off' •-°c° 8 _ � w h = a� a foam � s � 0 8c ca .� `0 8. E '�r �na •o � � aA.o c � •= °fie ami o° ° 'To = Et N � :? $L' = mt". o 2`2.c F c m sY a� 0 v o � L U m Q 6 o u '8 2 e E � ao � � N V; o ark � - � � O : 2.J MM ? oc°= qL .8 td oL a ya° � � ca c � 080 • . m8 'v3d LAN u VLNcoYou ° ai „ u 0 80 CL -F- v °L a � ��' a .°'-� y8 t eoma� � 3 y E L v 'c y o 0 N L ae E ° ° = 8 ° fl � s N m O ° C y a) N C 60 •° N a) O.� y . m Or mgt a � q = o ° e a' �� o E'� 8 ° � ,o C ° = ° e o E 3 E L o 0 E e¢ E om '> 80c m80 o 'O•V hoo' ° v° t; Yy � o '>>' 00m0 U = � o Ea c ° -S .� c �°` � E i 2 z o 'E U c .: auoa0 v N Loc 0rE0 80. tT ° o � 0 � 8cc � oEO 2LsE 2 Tv 3 �R = 3 cc. cc = � 2=' Qac E � � = c F ad � 3eo° ev >o LTe '> ° emc8uzco8mu = acoo e O o •° 0 "o_ 09 3 o c o 0 0 _ H° c aim 2 S g $ L m ea � a amY89 ° o Uoo a � � .0 � � o y ? o s ° 2 e � 0� a' ”' p, N ai c o ca m N E Q A ° H N N '$ £ d s E2 yE 3 $ — o S_ Q a 3 a y�y 2a 'e0c w .=� 3 8 � a vC > ISI G V V = CID L C 3 V •° C5 ^ N N t = �° l0 E N m T VI C U V V L N_ W 3 1 6a V C N •N C' V I a =.a m o _3 O ` sa N d Oma $ O e � •N O U $ � � O ct � n = L. .W e e m ° y Q 0.02 c m °L„ s C7 G1 _E O W ° m •e .fl c8 9 8 m = 2 '�° e .CJ E .E � LaS fooWamomai � �eo"' 0E�' « o° � a �0 E E a� U ° I: m � s 8.. h 8 a � I° E h E a. c= au :-.3 3 44 F22 E u p a E m U N w R a+ F E Prefumo Creek Commons Project ES-27 V 1 t03 Fina/EIR m Exhibit "A', o - v t . ExEcuTivE SumminRY X L ' L `o CIZI 5 u u o c o o c an E " J ,n H o o d o f �+ •3 �' E i E O E yt °9' Ca ESF e'o 6 g2E ion9 c ° E ° 3 -a ryD 3 E $ � d E 2 E 2! „ E L' mc? � M ca •0 c a3g ' c � o U � `oa°ioo � ° Z � p tuaa-° o c u m Y F ayi 3 m � arTu `. a' •E HL i° � �e•E� UO 0 .u. 'C u y s 3 as w Q Zm •S.p U °� c > g' c• °� `o j'p u yu "a s a u a =Q. 'ou a>> Ea" a � Eo � E °a. � •` E> 3ca e `� c i of a� 0 ° n� sp P E � £ 0 • Or •O m0�= 0 0 U 3 E .u 5 p A O n a"i v U..' yn•E .E Yv ° a° o � o > °E 00 .0 , g a� t u a° m5 3>0 0 00ee EZ 0o 0 E .0E 2 t � `'g ate •° e y °o Y.°� ON o FVG W �,,���.,r•O3� yto� �cO L>w m>O oa>.yU >O >O 3O �m3aC� C. C 0o '� �v •'0 y E >� o 'aE =O °Qv "a' soa1 LmE �> o `ov9_ U o 0 . °3oEs'>c3ma' `off' $ oY — t tNu ._ ? O >,� s u � � � •O . o E C u � yy .. � NO •0t2 C co •pOu> '3d s s o s W � '�° � a � = m � .E � =F3 a off � 8 .cu. °� >`' c � > - mg' cotEY� onn o 8U 2 --o 2 an 2 CQ = O O u m E p — H O O O..m 0 E a s 'o E E 0 U c u n y o m M e o �- U 0 3 0 0"' o y y E t y C N CIOami a 0 .. 3 - CL W O c o ._ e o •E v u S �EiC3 � F m E.?.m ES-28 Prefumo Geek Commons Project Final EIR ExEcuTwE SUMMARY LZU o79 CZS EE CL 0 • _ •E E �l Q >> w �s._ m a E .= 0.a, es " c E e, o 6: E. a 0 y CE 3E �� a M m Op = '00 C M 60 ' N p 00 Ca a E" �L° m � L° empZ3ms E 3 _e yE a +a '� ac a` L_ C00 aU O ` Y E .ami h 79 ° 9= U ny 5 y N O �tl ` T 'O . a � � •°3- t o . o a s ° L aE o`= 5 E ° E ig O E i c �tN ct IMEaOp L. 0 y N L C N O E yy Y X y t 9 �L N E E � L $ c� E _c o c '0 .E3o - E a U c v L U E out ErppoE s '9 a 'go 0 ,0 N o u n o '° Li o g gs -au 98 .. . : �.. s u -o ° .o u Uau -,c Q0- ° sEa o �; °°D YEE 1 to v3 5 922 � CL ec - a Em< ° e0 � Ec°tsY , > o o - .02 llc7W1 - Eo > c � vuo2UO 9 � mE - 0 �l NEo v m x O o s 0] a LC U m u 3 ;c g c e N m ° E a o y w m �. m 'a ° e o �.a C FE 0] . F E $.53 l- c� � � cU.ZE Maui °�'� �` ,ego .e c � So � �� 3 i; °J, �, °J, � • • • • • • � tioaU u � v O O O s N ►• 0 � ° 'e a m o := E U o� g Gs� eoN 3 ° 0'E F � � $•Eo � cC a'y s II � �I�✓ Prefuino Geek Commons Project ES-29 Final E/R Exhibit 6a ua �® EXECUTIVE SUMMARY Jc ; x E 2Ui aE ♦+ ° y U C � V C $ v � e -� O a o• v •o L °. .moi o as c Z 3 � .a m c `c c cv c y m y rd d O 7 y •o�.. y or. C C : � O. O € �% O 7 C 7 .p VVij c [0 C y V V U L Q V N �+ C .� .U. E C $ C o C -a 0° oy � N ° > EU c� — ` vi eY � e U21 E t � m ° ■fF:.nCwmdCmy"r:. `my°W' =msmoo°y yL�t•Ev•osoe$mQ�c Lsd°EOs'., ao aL ur >cm.•o d�r- Ox�tiai 3ey oo c�Vy OE L. 0�a0ou ?yo Qz0.a>>�s0yU'33°` 'yL ,VEyaci^isS_e =ou_°00:W 52 Qn Q m .oeuvc2c3- E " 00 > o ;a -o = 2 a•� � 3m 0 s O c o L am y cemo os * V o. .. 07 2 � 3 °d 9 Q c 3mU 27S°> °•OE vv ao0 ° Q • o U8 SM 3 O O (yuyn c ° ' � yt aC. mc2c$°U Oro . 5 = la 003m0 L° LsG `OE -E < CEs CX -S y ; a a os >U � E ' EE ° 8wt ZgEo ; > Ud o ° z = am ° a E DW .°_e U0EM E -0 E e- ri . r - ar Em. s > a •_ " 3ag. .00 oo ° m °E ao V In "0 c ° � y � 5° UE mDo EE �S E o M o y ae E Eeea 00 2E y 'o � a E 0 ao � x c_ > .E o Ss' y ` o U y a �9c'a N � �a'u ° = oU � ow), L 8 ° ;= e •o� oE o .o.y _ NM c m '� u c a= �' aai L E.a °. >' y U 3 y o o � •'o E � �V c � m � ° °°� N to O tr° 0 yy S o t °Q'i0 C �� U > FiEc � °ngo V] eo cC = 0 2 oc yv a °• ° � •o as i � EaFyFa� 7C °� L3 _ a `� •o •E �s .v «. � ° u p y > N C r C a a'D0 00 ` � �' Ds° A ° > 8. 0 Em Epi H7SEm.Ec .Ema m ES-30 Prefumo Creek Commons Project V t Fina[EIR 11,6 A Attachnint.-I e® EXECUTIVE SUMMARY . .. . Jc x L os U sE V � r i-7 m caw e a E E R _ A �y4O L s' O G � ,yi 6OCn R. VV rVn iyt 0 06 C p � C. C� V � > '.> I� L F^ O v 4�.. tV 'O C.,f C. ctl O p• «. y a� 0. 00 a 0 _..;0..; C V O eoo°oeco a°i '��n aciOE � � o.'E > o cp3o � Eloy > € a. C N w V N N R O O O. - p. C V p p 4� d 2 m a � O E w g - EE 2 E o s ycr tC •m c U a H 3 cyo cJ e � $ as U 5 d c a ^ y ca R cn �u N C N v E T z a� o - E d ,, S s v F 65 0 8 -0. � ps °d C8 E 'p � E 0 -u vu �a ° E '- -2, y x � N > U�.. p e0 N Q T �. T �v� v o o E - d v o � 3 9o� o y m a °: °y � a' a>> Eo 7 yU y m . t � °' -N s" ¢Ato eco 3 'R N C o.m�oo aE= •� c°- c of a s 3 O c € Eyw •� c R CUs E oc� v = ms O > c E U � tC o � n c T � •e o y �U w Em aci Nn o E. ey3 w o m °� a� a� v Ew am E a� = o _ a� �'i c '3 a to 0 � o $ o ° c od3 •o. .2 o ta .= =a 3 � c v N T V .N. ,C',O '� y N 7 N eoo e o _ H V `gN5o O " 00pa go 5. R a � oU > z � evaiQ � d Q >y �w 'c3 � y � zQ '� •co ;oy v� •� .�vN. S� ec � £ N o v 2 E3 o c o �, p t N O W c . o• � � a N3 � = 3 � � v g 'oo V h N C L V m N U M O N O EO O V T y t�1 V G N C V id ° S a•°i D .. E _�° O E o CA p4s D Ny �'m °' � '�'= N C E o E: afac C > M c >' ma c c � Co oV u v Q E° Uy u E R a � C eq C m a N2 _ o2 co � � 'E � 6 .. 3 N •O 3 °do`o y .^ E= SE ODC Y O . O y C = V R a'oc � o cc o v a N o'aco 00 ec 3 :p C/1 n.'Nvr '3 a� 0 N R M N C O �. •O !n E+ E Oac3 > " 8 � �U �iID� Prefumo Creek Commons Project ES-31 rina!EIR "No m® Attachment 16 ExEcuTwE SummARY ' x LU 9 u a a e 0 u m d � u a q v, a C yy C E O N eta O y ` O C U 3 vi C W U m E C `� Eo N . Er� Uc� °�' oE . .1 c � 5oaaiuE � Eo c �¢ Eaa A `o •o c `c dr c E- -N o aE � = a ao Ea� e C c E o o w 40 �c o ° cxc ouocm C7 a `oLo � ° U > � .Nmoy � Q0CL 0, raga€..EumO4 � dry � cc� y 0 o .p m � v o v •.. y a^ 0 v o o tw° oo� E o °' SO=U E ° M. o ° ° � L°' ° E . .. o E �? a� m g e o� 3 0 > U N o C"N ` o > � • _ u aEi E0. U 'u p 3 o = a; ` v `e E.. 3 E a °".`'-' " en C a. aEi °: o• v a.y = y m � �CS c mofl � �'$m ° o � v maOu U h p, o• v. eo o Es ca`. °' c ° E'.� m 'w 2 m CGtL �i.L � Cc-C, 3 a ° d i� m`'oc-o c c•° 0 c :°> 3 E .° 0 3 " cv m p U 3 m E ° ? � ° s � N N= moo o c 3 °� C ° oEv 3 ' � 0 �a o o a� E a, € o N q c °�' o � c ° u a'a0 fa 2. € � � 03 € � � € de o y o. E S F d. o.�y 0 c .°. N N v o• a«. m � pp 0+ V] C >..0 LL Cn W N '' L v p .U. E •p V 0 U m U eae cQ,t c m u Q v .� .o s Mn.m e '� s y A F-' 0 E c u mai md3m � o a00co > EoToYo � 3y �' c vm Tr v > > $ c 'v °u c X 5o� a ns � >'� E g� •E `o a L • • • � 9 L H O H. E Vl am S_ E Vl IX N •O H u R a E Q U N W N R ME ES-32 Prejumo Creek Commons Project Fina(EIR .9 - Y `1 gg LXh bit 53 _ T 0 E T Y O Attachment 15 aa � aoa _® EXECUTIVE SUMMARY N •O u Rf C E o,au E o > �Vi Oq V m:t; aJ C 7 U 00 •e"i a o � .p:•p. i o 'y C � :n O� �' U•p N O .i u ,0.: ° h ° > c ° ti o ° off v9 rn = u• E E v v oa a U = •d =vU Eg 9 00 t OA :4ay ` L O.i0 = m o :4E 'L:6 s °' c� h �'� g � or� is iia sr a U•_. L W •p y`= Q 3 �.� ye`! o •ysrE '0> cai U2S3 :LD •- o ,m, a, R SEs n EE .n.��j � > 3 m v a E A a`� � � E � L �2 a; Kaci E '5 aci �-. °� $ Ee •o E m s o E N N g c � o ._ •O D L 3 o a 'E vv, c a' e> H ` m E m Em. m o •o d •0 o m ;•O > 6 y •o adt �4ani C� cm. � � � � " m �•_ " e •° °= � �o v u o E E '0y'o °• > > •- v °� s € o ° N � O � v � . m mm m'•c t° " = o t us o ES 3i=> � o �O � 3 °- a`c E� 'o 2 '2 - F yamts m MOCO 0: ta � c � � ° � m � ta . L a U O N O '0-g t0 & _ 0 E N C C 'N �..h C y y C N C `�L O ''_" vp N O C ° `o � �° bo "' �= >� tr t0 L..• : m y =$ .. ,o° `sQQ lvam. '�v .H° N QOel 'o�> -0CL _ e y Z 02 E • '�I amv > � 9 0 EE 0. - ° Eua EV 0 o o0 `� 3 = o t C•C ` o 01 . .=1 '� '= v `o. v E aci e_ r v Q y— o .a E t I Y �s � z ..l 0:� m o 0 v � d .> .� CL � .� > U 2 E � cc y c$ w o aa35 ca C CM o v =+ E 'O a '09V ai ° fi L U ,.., :?� ,E E 0 CL m avi q 3 vi e ?s CLQ o v _ N O O � 3 � •p V1 m a2 >, 3ET� v coEo = y � w N v 0 ao u ma p Z Andkino Creek Commons Project ES 33 Final EIR ss d N o 6aA6� asp 'e � e�._�d/ 8 SugE' 9 9 E 9 9 9'b'C q m y '0) 41 44 6 L d 01 01 O W C ry ExECuTIyE SUMMARY - �a LLI r o $ a Ec. .y`yc7eOu., °v:yo'n��$:m°oLo wco��cdy omg°a' OE. a° $c � r" .°py a° =ao :�°i r=a.;� ya 4E , ••°fien .Ey 1m: v''b>Q >c„.'�3�°e a�^� yTe=W"�V"i' ��__mo°: °g>v� s` y ° °E •o c E° oc.o > c " 00 0 ° � ` ° mN ,_ t ° � O0o $ ° ° E � a -ro a 0 $ • .v CO -Ov7 vo o U E oosv _ cm.;_ 2 `y _ 0 e�E ° S Cv�Qca • 3 �ti�°f�•�oye°.o �U n > 0O U -5 M , OcU .` E --1 yo 'G -- Ea° yEEE • -:3 � o r a = . - aEl s > yoorz u � > =90 ° et t_ • ° ° o E Or-, v C E ° 0 3 � ° a 3 ,0rm r °'mill °' aa°i c c E c°D S ° mLi` a `E c a6'i E S.o ayi = ° ” cOi > : .V.. e O E a 3 g £ .- m.•o t G* 0� e y_ u R . an: �° o °� v m m o - E EE � c°39U�y „Q C y O y w V Ql r• �9 2 _.. �j •.• �' O y C.l "> _ y.; no � s a o' ° 1,9 o > c'� � >O o g _ `� a� 30 o g V1 CG o"y axi t 3 3 3 s c4 3 a„ a• °' axi 'y 3 E .a .a .E c ee W c O _ F y �O � yy wwDy' N a d o v o a °o• yi� 'ei U c o.d 7 4) 5 a h.eIw '� a ie o o e �;"o �''s `'•o .u. E N o eu.° r a > .: o- R yOD ca p .T W C aGi E �' U d �' �''� O O C N 9 Eo s.° g W> -00 � o f � s � � Co.- >o ` ° " = m U aOa� E o d , 'a " ani °o_a� o y c n v .E � o u N j y +rOp a U L O U9 .0Q [ 3 G .E o .o ? E Mo E Q �;� � c E c m yo ea 3 as o m .S ° C E d � ,° cr,a > o �' 'o E � O y o y U y O U Ld E 'd L: O G. C td C'. O •O O O U n'V y og C y 4. ._ ate yO F- tEao ,.., _ d E,E'iE • � E oco �2' 83 • a at: > � o'o � �a -01 a° °'-' y `d;$ �• :: U w t :E u c m d o o o S c a L m $ C C � o0 os. m cvm .oyc � � m Cc, gzz a °gyp o $ � N aC) e W Eg ° °oE E Tm O .� rn o •p . FCLy -'o ao � > Uuz wi 8° � ES-34 Prejumo Creek Commons Project ' O Fina[EIR �82:�0.03m'og9 Exhibit AL' = 9 W � Attachment 1 ..per N S a c !0 N G y y 0® .8V V'7 W y L 9 d N O N W y L V� y N' y V mO W 6y 'J¢¢C u•yO�� d O G O�� w d C O� 6•J 6 e® EXECUTIVE SUMMARY °c3a ° � ' a � 'C ° 4.n y O •-1. �.. y N ci > arc m > a E :co � 09 c 3 E 3 o tGCmCOou�C 'OE a'hcomN`°-yg30•E$�d>m'.=��`cmj`' Uvocm N.mE�3oc .0oEo LvO `aaEaEsi p�RGEa?'.taYS�yT ap�yOc�7CmyG>cil '°oo3C� ¢yo2 .L•�0�` >Ev °2yO: 0y7C CayypDmmy ^�rt_Naa`.:•WOCm->o U'WyCCo�w�e 6=gmCo. t ymv � ° 0Ev`o y° o Q ca ° e � ° m � 3 �� amEtw CmN6nmm c tC. Oy `.�o N rm OU Y Z 2hm O7 0`0 Cr °c °T°>oana uE _ m m c � c � Uwi � o0 0OancCL Q '> 0 u0 8.4 =i e cd 4 EGOacEi w E vi ym. c � o e •y ? 3 E 3 3 d $.E ao� 'h .S 'y mU ° 2 ° .mo aos GO $ C R F _ m .. .y O. 0 '.7d '> 8-w ..—y.. aCrC.� A P. O m ... •m.yt O _ E:gmmmQ v m: c > on ` ao ,o A vm � � m "Q;oumco may m;oLco � w F -0 � o � yp'y 20. E ° a� v •O t°iU t •e o ai u 20. .oa d w n., a = �• ¢; h ami a Cd> O C N '.' O C2 2- 00 -mO y •'mom C v d N v BE 0 03 o CLW mcTE- 0 .0 u 0 -0 0. FI N > 6ymi V] O M VK3 Prefumo Creek Commons Project ES-35 / It Fina!EIR Exhibit "&, Attachment 1'5 O® ExEcurivE SummARv G c y 9 •O O 'C ~ C UE E > a y p aJ a D o o E 3 > _ y C > y y ° o y S ao 3 y y is '-,�,t r a m a y a•� T � m a e � •° ° aitli H D E .T 06 ° v E a' 3 VA E �2 a o CC C ut,�yC - tIUy� twUo KU > y 'OT mm U >o cto •' ro °9. c `" O C° a° ` ?o ° me FfR CcW :�T >caoOi ttoUnoy Ev>$ r- 0 > = .8 -g >= .8 Cymy 'y aOC t Cccc O ' Oy E C C UO � cY .> y o 0 o m ° _ °' ° .10, 'y m a � p e Tc 3 > y >O o � " ° 3 � CS C n°' a y10 > =J � ° a ° � QC ° o a�i .a o ° °= 0 3 0 g �' a a ° U e $ rL= to ZF+.0yamwamdC.n.+s ".—QE�C° Wh°oc�,�o„.�av�' c �VWuyQ, �u3,�aiJ t.=. 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T t L cd N N = p 7 C PC m W Q �', d0 ° O p U 7 0 ° v O y p rN E u u O G 7 O. C Q u O. .� .d.. t�y 0 tt,t 2 u t E u u 0' y ,c E E v $. > o.r v _ am mo m su a eur De- � o3a °1 d -0 .2 A G N S O C >? r Bi u o a y' y y o o u c h v °° .y ❑ 'N m� a u e.:.0 M.— t u N L m S 'E B a y c •;, .5 U u ^ R •,y..0 °C N '� N N .O ... 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'D 4" y d N N v :Q O Z O' C E) 3 9 s M H W � O ° 'o � � CT y � ^ � E) � �y E) U EW' saai � oe0tAO E' E°i ° oa� o � � °: ° 00 y $ q.� H C 3 � o F�•a'po9o0°0n'CxE°iUEQi 'r: w - w C O 't ^ U�NN' N N s V C ° dtatE5 E * � ° moa, maN E 0 �oyou Ean ME Eu o9) E oEgI .° Ec = � ' oa �zom w u�a S ° o ern : ° aEQ. maE � �= Eo � � 3 `� � 3SU � � � � CL.° 5 0 TO> 3 . EtE > > E •= m o . c p L to t� o a u..� ac _R o r U d o E > u d m a a�V U N D N ` o 003 ° v� 0 .2 CL d aN 2 0 _ C O .- F Es `- s u F g. E c a F Q*= a £ .. 303 > :'. � 5Uy ES-38 Prejunno Creek Commons Project Fl-nal E/R �_ Omfn rn� .c. UN.C.~O m. _ Fxhibit a j�o +Z Attachment 10 m + m -U! t(1 IL O m6 N O o® EXECUTIVE SUMMARY x LU -O� V N J C v cRZ " oa> o oa> o u p pp v O W O uU O m O U C _ OD N •C � m NL yy y R E E'L d E U E�L d p E aau•Oi� a>> Caa�i9 a>> R r E u 8 3 aci 3 L. E s01rOE � U vi a 3 �° E .�° 3 �° E .m Cc 42 To L 7 L d e a awi $ c y E F E ° .4 : E v o c > w o ° c o 8 O= 'O m ` s ` - o�i .2 `o o >' c 'c 8 3 ..� ag . �r,�. � .au 8 m 309 °° 8 0 O o 9 $ =. - 0 = E eLN �c°_ L y E os _ N ° O m Q C O >. w U "� C O C E•_ h - aO °-we •E arc E "'� E u u `o ° _ - � > � c � ° E � c� E � v a> •o � .�' - C h N L . 8 N o. m' r o° y E E . 0 e ° 3 0 E N 3 A > u > o v y o �•E 3 Q1 _ Oro � g UO .2t `o U0 0 > sN.0 r � E � c>> c ° 2�i s E r U >. o u u 'a o L 'c ° u o 5 °• UC4 c°> _urs E o NX° p .° •p '•a m N o .� � or � y3 E '� y.� � Oro -0 u � c N am e o N o E — o m•° o R u'C >�aoo vt aa- u oa N a u .Eos 0 ao> ta1 : 4 m o j. 9. 4> tUo=�vo Oa.HE c Ev U ep ecLo = 8 o•o mcm.EE g u OO 0cO m ce m E= w .0v u m ^ � >. 0 V h $ C O m N C .�] y m y m C m C -Nm C V C N Z' ° N O .O V O E E ? vi x R UE38U.gn.�� � � � � �s 8o �s cj � a� � yE ° U � � c� ,_ � 8. a m � � ; oc � � 'c e • e • • baa be 3 � 3c 80u> '�3 0 :: O aU E c v p N a > � ►� oc m.8E a'E E 'a 0) o U V z T O 0 Yl N > L U a m d 3Cc 0 Tu h d O e ._ o E u� X 8 0 �f ` ✓ Prefumo Creek Commons Project ES-39 Raid EIR Attachment 15 e® EXECUTIVE SUMMARY e® LU t W y = l0 t W 0 0 ° Eo o o � Ed oor ° .o o v o o_ o a E € � = E EA = E � Ems= E 9 C E a n. ao. E 0 i d a a9i. v o. ° ami a>i o. ° R ... o— E 'o o — E a•'O o — E v s E a = °�° E bn ar o � a'o n � o v �.O h 3 n _ R y p W"Jo a3r �O ce Cr em o y cdy EF as a JA.00 d mEO r u E3 E00 0 $ y of t 9 m ttl O d p• �• ° N tw y w N —'O �V N O a E C H .. h C •3 O E O N .° > 6 $ 6t Q' C C m 6 °' a� ai E E E S ,moo, S .e E UR �d... V°0 0 $ > �: • O Cy$ E m G °Cp mO9 C $ oC o HC E U y O R ° 3a Q y _ 0a v ° _ E a m ° d v E - d E .0 '-�O n.� a._ a°i o :: " s .° 0 0 [� t ai c _ ° ,z C > '� v m ° -� a0 o� E y ° o = a•-- naS oU E o T= orA m m ° ° Q m r m u °%0 0 Y, 3 4 ° ai T d ° t ou ° ° eo o.� y a �y a � �� CI z i a Q y .� a FL�.S ani V � a k `— E 9 ° d m C m s U > °i 3 o 'O S c-• o v ° m NT 4. CL X C p yh� . 0 2 � c � ` � Ta v, � u g m2 CL x .W E DoE $ roll .o m 4 .2 F F `o 4 a F: C S �. .`°1.. ° ;$ °� a V O o E pu U � 7 D 3 a � OD D o m �t` M E � awmar i v e • • • • • •� $ . e 0 ri Ow y vi _•° C. C > � 'c ti o.m ern 3 ° E m � � N75 W v E v ° m ° .3 a�A.2 v7 F= ° U $ R d e v � o G ° a E $ ti ES-40 Prejumo Creek Commons Project Fina!EIR Exhibit "All m® Attachment 15 ExEcu'rivE SummARY 9 y r G N V+ W � 0 c � u u d 4y E 4 C R a+ eo E y > E 37 Lm ° l E� e Wim• „ . - > � m eo � 'E two 'g m pa 3 0JE a >, u >� o'E p c :o o M s c•— - ° m U 0; m � � O ' 4 °> m` c m m ° R U C 6 y V w C aVi N l7 F Q •y � � � yU ° ac,j y d v c o e o° o U c W E ISM G •R •y .D - �yO O 4. W o n . c F o m ai �.:, c 54 00 L v°i • • �mss. o�p � R U u R a c E 3 m U ° ypN N ° W2 E u d � H � a3i Prefumo Creek Commons Project ES41 Fina!EIR Exhibit "AiN o® EXECUTIVE SUMMARY iWachm ent 1 = .'Sol d N U tCtl � V d y aUi C O'rs- S C O itl E � ® .0 T ou ON V O 'O C NWN C .?4 00 � out y N. C � U m d L ¢ y o n 00 ° L E •- � � m aU $ � � a E v v p e m� Oct t O v cu y6 L CO O C.� h V C •p N E aRi N o c d h d v ei c�Ni c of e ° yac°� 2 .> � ° vc a� N U > •O N U L (1•�ZI L OM o •> > m cra 3 7 RN 9 C a0. W M n' G C V O 6 C Wp t y .pp 00 a E �n vS '� �' n° e`o = a � .5 `e a E a Ix u L a a as F v7 a o c � y •o •o •o Q 3 3 3 3 7 � E E d F � 0 0 0 ° o°o 000 00 Ix 0 _ _ z z z U = R •O U oto ° N Q � o c � ° ►- 7 O T° d 3 d - .".� 3 '. ._ d y M y 3 ° d v :"S 4 d N A 'p se o o f c e •eo a s c v Ow aOR N _T _ 6 ' a y � a3iL m CL Q, m do m o • = E O . y � G d C � _ L F >. c .0 E .o �_" a U o3i c F � .. m d a - o > ' m t � F a Q -- cry ° u = N � d _ c p3 118` G7 O = M -.16 6 U M F .c C'•O ES42 Prefumo Creek Commons Project Final EIR Attachment Z. JQEXECUTIVE SUMMARY m®®1 o ° o I\ �. ECmi T c C 0 aC c eo o ' er o L 3ayE' - °- Eey � E m ° > om oym mi SOV OUmrpaoy r � .8Eg4 E T9 ° O `er >aiGo"' 7 OV .L .. 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Q•2 m e _- H " u U gra pops. 8 y 8 E yam m Q ' V1 a) y 'O U r C� m '� V Q O C O C E 'O .T S u u $ o deoa .oE •„ m ' o a � E F = y cam g� _>m a� o 'er end n y c Es � U > w .E 'a a� Q c .G y VI L rn = U to u V1 =..� '.t7 O .O .a?, y E O G d UM r_ `ti mEbg � Q •Eo' 3 �cw ? E 'oE oNacEwU. E � sa "E s uz . v 1U o 00 a �m ? Y =0 =0 vu T e < ViE t-_° C7 min y o?a V u =° o 3 ° asit'� It °e p F ens m C C - N U . LL O ° C W V VU2 E u° oto Z,.` u a d u OI .. -2 _ C4 ° i c•o Fv > ViS cO uu . s Q Ov a) p,0 �` 'O U �C 7 t... y p y Q y m 3 •�-� H C N O U 2 y ri f E !�uu Y �G - O G u uv _N 'O rp c� = > 0 O O° o x H T c O a E x e 3 i. C O 7..0.a. d `� >, N r° a) 8 co t2 7 CL X C ° u E �s o g� aCi o > �noC> > E u Ht s°.� = u `y `°' ` � '� t " y3 o._ E3EEU �m° uar X0$ 3 E mC > u.� > Eo0 3 p m O c rn > y p W E E e� Q � � 3 a v o0 y S `d' a s m mZ e E O H m y vs ass o .8 ° � E $ Q fl O � o wu yin V1 °° " > ai aUi c 3 " `•_' .Q > E = t s as 0. W `� 3 c > w C'� y N ° aEi ° aEiEo � a � ocn .o� e0 9a: mE `o `0Ua v y3o� a c °' SETU �'� W ° 4-' vEO > �m_ yEzd yuUo .% E °O E ' � ,= uEe �E .` o X > ax CL Uo > M. 0QaEUoa0. FU0 Fn 00 Prefumo Creek Commons Project ES-39 Fina!E/R v1� . • Attachment EXEC1myE SUMMARY e® `me y y C d ® No 2_, :2= 21 O' m 3o Eirav > cc o i �o uci o 3 - v u Ue.$„yyU zU , v ° a '' saEZoerg^`,N�.acEo� 'aE•0O�. 3orb=> ySVpa� 'LNQ ii E._ o ? ''O.jg o ° m � v V 0 N c pas ul 006-BS r, > .0 oto c E .= H L c c U :? 8 •� . s 8 '� � � .4 d o mai `� E E °'� E V a o a a �.o M •° av ' - �' to r � •ovi $ a � •�” 47 E ° .o c .. a g '• u Nvr -E Cd V > EE 9300 cagcl3 �u p ° �� v a u3yF` E 89Y c.y d aoi En E � m t` N `u .0 ..y O m o0 C m y E L y C S o m��„ C O N c C a>°i QF m r U '= vV 3a t e �' `u Q m o NgDs9 a NQ �. CL i M c .o m•o E •m .o > a= v v L p � 8. c°i OF-2 c `d a aei e s c�i E m v0 0 ° W '2Oa5i g ,>, BaLs >poE � e � o � ? 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F gm C'G G > 8 aoCyy vo.sm2 og � ti ° c a � � a o° E � � � M E � _� eami = oSJS N > yNvi > : •: my8 C m � � .y - 'bc • chap 8 C V V C N Q V ry m 2 y U iV. U — y'4 py > Lc ai O Q O m y �. N a > O y r- :2 _+ 8.; c 3 ao m Z axi e E o c .Edo EEcv � vuN � ocb " o � c � d $ R L°. Ey •� °`d' ° 3 � °' c � rL CLo o ° g •�.aN E �y m aE 8 aLe o c c x evi a=i cY �1^JU ///��� Q u N L. C v C oq 0 T ( `3 i'� m �'.�:t axi n. e 3 °�. F �?.5 E. o O 'H o $ F L v: 8 .�•� [-�F U i H 1 ES40 Prefumo Creek Commons Project Fina!EIR +Ci 0 OA 4— ERE •» + m o ^ •� 1 IlN` O y U n. O ° 3$ o y i 60 -t3 01 ;S`y v 3 " Oq u �3 p "C y h y p O y o y m C C m E sz ` 4 cc. o �' a a. � c Q y E V V-=o ° s` � .00 ° awe = fiE r E e ° e °�� ac ai 'ion v h .E a h E ay �..� oui o U ° 0 01 ° S 3 = Ev m ooE °p c o h oo E Zt h d = 79 > n. r E u a '^ CIZI 0 i p E ,°, Q .ryz � 2 E ° °o -= � E ti° 3 u ° B iu h ° = d •� y o 3° E .Co. c E - - `1 h _ m v� 4! 1-10"So = z.3 e c d u uL ti E -�°— c o m u v3 E > u m Q i a = `u ti °pu �? e� E$ o E LIO Seo °` 3c� c rs $ E Cn = z '0 3 " oe :� d c a > C oaf3 u ° ter m m e O ° Z o4i i d b -L4 �•• y� Qo,E .2 Q 3m y aQQ ts3u ° � � 13 `aoC y d oo'C �S 4 = y u o .] u -a u opr o o a'� . y a° a� E ^ > H ` y O y O y V04 m h y 04 ° a °L E ° 000 :k yo Ts ° i A u i n v' V y E t °c 3 d a m v Z � `a '^y°aa F °^ r 4V ° Egce aEic > E O ... N 5 O � O � 6 E E o v icwOO c E '= yo o • z yu = r o� y G o.- E 3 .� � � � = ho, akin y �' 6' a° a!! v y 6 [^r. d � h ? >' E o� �, o `� c E x _� i .? 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C4 a h an E �" Q > Y „ OE 2 O g d C Y O C V C' E o p a, a o � .2 W � � UU U U ; 3U csGv � � crdsU d E c"c'm �= 3 a > o r .E w 3 � Er cGuS �cZ' cu' v2° E.M —f 2 .50 P 2' 0 U3 ' ti Prefumo Creek Commons Project ES41 l Fina!EIR lbit "WH c� 5 o +Z Attachment 1'5 m- eTa EXEC - + m o a® N G U N a m .- �, iy •r V a fa y U 3 a L a u p �C a CL Q sa-o N a °DLU Lome m 3 'O � a� 6 E ° 52 .0 o aqui V5 T E u u * > c U -0 to'� 3 E e s vi E u r o o ;N o a to � a" aau -8 go •Sm mDO t2 Uooa3:Eo - w Nd eCL o m e > > o c s > a E a E c vC � c`aEc°iyda°�iu � O >'C� � EZ'� eLU V 2 G L N G tlt 7 U u 400 O y � � Y ° aL'i °a° E a °' a W9'00 >110 CL m " o._ > > CC p � a2 r3 S � o ° o V E w 2 o0 0 � c E E 2 E 0 ° o 2 ¢ . u u j W v - a n• u o 0Cd on= m o N E W t- Q a 'o € .g a_ ` 7 a N a °� E "� > •op c 0 •o a E •y° aai o :3 o o o •o U > o E ov '�' °' w as ° ° E• " ai a °pv u amE� u� aou � _° o= c� atc •Eo a - Q ° F a o s•E a a- v c `$e 'E sEeo > " 'x � °' > c EEp 's' > > ' Eao' a > � .Nr Q OV ° 00 y N egp u T U a p O = _ U > u u o m V > auiwoUvat °� o `o � � aai � r .cU " " d VZ m v h O o > a� c E s y ; °' o "� ? rJ a > y •C C O .. 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Uw X7w C � > on> Q 0 30 H > 9 C o � y 1-41° 0 MO u o 1 t 0 ° y uaa, o 3� •E •c E as y E C 3 0 " y3o `� > = � � EE 7 � amu $• yaoo. w y3� W d •`-° °vii u•� `° •-' o y 7 u L z '� c a4 u Fn o a E u E CO a > �i � ani i y oo� .o a 22 F Q awau � aoutt � e3 ? < aau+� �' � 3 °u E0 m Uw �+I�J � Ida- ES-42 Prejumo Creek Commons Project Final E/R � a u t 6 a�6 o r - � +amu, r N {pyi N �m�OFm A �va�Nz EXE �.o + m o + 55 .2:.- z, :.- a® a o 5 tl o ° a'E a a� � •u, o �' p� •v n e c c •o m u 0 Q m - i u ° c m -S .3 r c m �= a y H S. uv Q °0 a. o y 0 ae c E x y Es E c E y c T og u ; c � z 4 .° d = 5 U y e0 `.g 0'a', C � =CC > >,m Bo �" ouEp cv � vv as > v OO Owo U d cC m 3 v cE y ° E 0 0 E aXi -' S 33a e a: 'y 02 E 0. 0 > y 9 E ay -3 E �. o E ao�= Um ou u pco ODS �� C G > C r0 U G Q . W C. 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E c H .E fad U m � � � E o a _Lo_o � v2 `y 'n Wig` c� o � a'E 'y 3 Q 5 e a>a 2 e? o � _ `o o `' e° cD E S & U Ma d '> E m E EU O u y E � eoQ=soE � mtie � 0:5u o30ay _ cti s° ao � ° ono°om-5 0 ti. a omE tE a � E 0- .0 °� ay •E c x v9 � .c°a.. c°i •o 3 0 o c. _suj a ° 0 on � � a` � a ecu aa � `u 3L9ti ' .aa3E acia°•i > ° 00y E ° yo E Lal Eaa9i o S Ib E .� 9 v a w .2. m y c 0 o.a .yam`.. y a_"i E $ .C. C _7 p l c Ea c u•00 o 3 �ca9. moo o ° m E Q O V R7 .�. .� � `� N N 8 y �� t E 4.. •�-7 �0y ai aci aaa ar E � '0 .y�c e > 'y o o_' y ."' E at Q� E a �d .> aci > o J y a • • • > cgi c vim{ a� G 5 t `° c4 o o „ o ff a 0 .� E 3'C o a Zr''0 O.J>> E °;•> c ._ a `. a U . y ys 8a, S U 2 Ca ._ En 3 Ua aE M Prejamo Creek Commons Projed ES43 Fina!E/R Attachment 15 ' =I=- EXECUTIVE SUMMARY Dass, o� o® .fl •.C..' 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U v � Heac tin E E u $ pUcc 2 R Q. d IM F O .E aN n °d � `o 3 m 3 E E '� nx� v F- CJ ES-44 Prefumo Creek Commons Projed Fina!EIR m Attachment 13 EXECunvE SUMMARY G® G� O _ O ^ ° '�o c Q a41 . 3 E 96 c� � ali � t = mT � a a=i rE vow � � S doaaaai � 8ah Ur� a> .y > m Cu 7S C .�__ = O O O 3 'W odyy v4Hy E � ;s U o9m _ 00, O > E y E g E - v N •oa o = o e, o gg v E �a ;E a = E a9i E ' ° d ° = ex V ua_ e 'c ° E � � E � c � da� 3L > acy 0. m v Cr E ° O •� H 8 o� o.E o Ux m Goy 3 ° y - 7,05 > $ 3 = e E c0 °�^.= � - 33 Ha— r cm °Ede � � o0'. x ,_ o o to = o c E W im � p > E' °-; F > � 0U = 2 = `u ° c Bic sc. F ° _ N E c o U " $ a$ m� y C° � 9 >0 U O 'O N = O p . O w 'N y � y � oai e >o ? Z 3° 38= a -. y3 N =� ayJ > e � m� � 'C - v� o � H J h � a� m o '-' 8 ti w 'p s •e�..� Z 'p - L = m N a —y S y O Z N h p � F •°-' ° E. < > V `u u c v p S •o c o> w O ani �i '� p °' •o m 2 " c8E � ob &,- u Gi. EcEA u = = Q � ° 3 °e m . .° o O °N '�Zoe r� ° � H� aae8a Ecu -o ` O L . 3 p c E•o .? Z 3 � E� p � 8 opS5.o E rn o � 88 = aa NBE0c N E@ " ° E C y p 8so -a E= Q a=iw yr c ad 8e $ v CJ p.`-' o u = a `a� '2. U of p•'cd m 8 aUi> ani °' 'v ? •� m''c� o U � g AEo •;; .0R d > > aM $ o � aNi0 co " � 19x = gEY3 a> WE5E 'E 'o -o cro: E � ,oio C vm ova $ �aoaa °3Ev W E •° G E t3Z A N d 6 a8 a 3v a o ° e E o N = O: p C Ctpp' tC r y pp O O �^ a�p1 O B O E E H 6. > ; C C U t'jy O :� S d 8'C C Vl VI 4+ GOO O O O O 'L•' _ [i �.� d U y L� O. o 2 9 �`'.rj C L N a E .0 ti >, h ^ 'v as 's a m eo'ci m a ° E E '-c p c o ._ o_ � � oU L o A = 8 > .E 03 = EaMi •G-N� d >,ta = EOEEy � $ dc$ � Olia c —° � � E = E � o � � E u > a am Ea E a_ .E a CyC � > O °l3 m`. N �/ G O 4 = y. O 7 a 44 O. C y : � H �•E o 'I ° uN Cd•o dw °a. o � o .a ^? u 0 E � E E. v "' a 2 .c p o > S E H o n' = e 3 n'`o E _ = •O c < c W E o 2 Goa a = E V w rn a = ° �' me ° � o ° ° Oca"iE oeop > g 'EEaE � 5 ti> > e aai c fl >n > E'er ? 3 � E ^ > E+ ¢ E 8 3 3 0 K o GO GO a< E v ._ Q E N� o d cm a� (1I� �� N tc7 3 2'H .] � a C7 U E o_._: D W E o 2 =. c Q•v o 8 I�1{J�/[[\\ Prejumo Creek Commons Recd ES45 Final EIR Resolution "B" RESOLUTION NO. (2009 SERIES) Attachment 1 A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A GENERAL PLAN AMENDMENT, PREZONING, AND ANNEXATION FOR PROPERTY LOCATED AT 11980 LOS OSOS VALLEY ROAD AS RECOMMENDED BY THE PLANNING COMMISSION GP/R/ANNX 7-07 WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 22, 2009, for the purpose of considering application GP/R/ANNX 7-07, a request to, annex a 31-acre property into the City, amend the General Plan Land Use Map from Interim Open Space to General Retail for a portion of the site and pre-zone portions of the site C=R and C/OS, and amend General Plan Land Use Element policy 8.7 to describe the development intent; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Pahn Street, San Luis Obispo, California, on September 1, 2009 for the purpose of considering application GP/R/ANNX 7-07 WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Environmental Impact Report and the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff,presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the City Council makes the following findings in support of the project approval as shown within the project exhibits: 1. Amendment of the General Plan Map from Interim Open Space to General Retail is consistent with Land Use Element Policy 8.7-Los Osos Valley Gap since the land to the east of the site, including Prefumo Creek is proposed to be annexed as open space and the development plan provides for expansion of regional retail consistent with other development in the vicinity and for the potential multi-family housing in the future. 2. Consistent with Land Use Element Policy 8.8, the annexation and General Plan amendment allows for the permanent protection of agricultural land that is contiguous to other agricultural land in the vicinity, increasing the potential for the operation of a working farmland area. 04 �5_ P6, GP/R/ANNX 7-07 Prefumo Creek Commons Resolution B 11980 Los Osos Valley Road Page 2 Attachment 1� 3. As proposed, the development plan meets the intent of General Plan policy 3.1.1 and 3.1.2 since it provides a location for regional retail adjacent to other regional retail uses and adjacent to the Los Osos Valley Road and Highway 101 corridor and with a development pattern that is consistent with the vicinity. 4. Allowing the Land Use Element map amendment will allow for development and road improvements that will enhance the safety, levels of service, and pedestrianibicycle accessibility on Los Osos Valley Road and Froom Ranch Way. 5. Based upon its plain reading, as well as testimony of people familiar with the 1994 General Plan update, the designation of land west of Prefiuno Creek for commercial and possibly multi-family development while preserving the acreage east of the creek in open space is consistent with Policy 8.7. Furthermore, analysis of existing open space dedications and proposed open space requirements indicates that Policy 1.12.5 will be met as well. 6. The EIR for the project adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures are provided to reduce these impacts to less than significant levels. Section 2. Adoption. The City Council approves application GP/R/ANNX 7-07, revising the General Plan Map and text as shown on attached Exhibit A subject to the following conditions: 1. The boundary between the Land Use Map designation of Open Space and General Retail shall occur no closer than 50 feet west of the western bank of Prefinno Creek and shall be accurately reflected on final development plans submitted to the Architectural Review Commission. 2. All mitigation measures in the Final EIR shall be incorporated into the project as applicable. 3. The land use designation between the project area and the northern property boundary adjacent to the residential neighborhood shall be interim open space until an appropriate land use (such as housing or compatible retail uses) can be determined for this area. The dimensions of this area are generally reflected in Exhibit A and shall consist of a 200-foot width, terminating to the east at Oceanaire Drive and terminating at the west with the road improvements necessary to serve the project. 4. The complete road improvements for Froom Ranch Way shall be delayed until warranted for a connection to the Dalidio property, however all of the necessary right-of-way shall be dedicated and the applicant shall be financially responsible for the full development of the roadway to Prefumo Creek when it is needed. 5. The size of the retail development shall be reduced by 28,000 square feet with anchor C eliminated from the site plan to accommodate the potential residential area. GP/R/ANNX 7-07 Pref imo Creek Commonsesolution B 11980 Los Osos Valley Road Page 3 Attaclment IL4 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of 2009. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney GACD-PLAMPdunsmore\Special ProjectsTrefumo Creek CommonsTIRTinal EIMCouncil resp B.doc PK3 -lab" GP/R/ANNX 7-07 Prefumo Creek Commons J Resolution B 11980 Los Osos Valley Road Page 4 Attachment Iq EXHIBIT A yc 9 'C+�Z sZ9 ce COs pQe osoL 200° 9CC Open Space General Retail Approx. 12 acres Approx 15.7 acres PJ�O GP/R/ANNX 7-07 Prefumo Creek Commons Resolution B 11980 Los Osos Valley Road Attachment Page 5 11 General Plan Land Use Element Policy 8.7 This 16-acre site should be developed if land in common ownership to the east is permanently preserved as open space. The following are possible uses for the area designated Interim Open Space: • Vehicle sales • Multifamily housing • An open space corridor, trail, or both to connect Laguna Lake Park and Prefumo Creek with the Irish Hills. • Approximately 16 acres of the site, west of Prefumo Creek, is suitable for general commercial development as nearby areas have been designated specifically for additional vehicle sales. Approximately 12 acres of the site, primarily located east of Prefumo Creek and along both sides of the creek corridor, shall-be preserved in permanent open space. The remaining 3+ acres adjacent to.the existing single family residential neighborhood shall remain in interim gpen space until adjustments to the Airport Land Use Plan (ALUP) can be made to allow multi-family residential development in this area, based on an analysis in the Prefumo Creek Commons EIR that the ALUP generally, and in this area particularly, is conservative. If upon further analysis and formal petition to the Airport Land Use commissiontoadjust the ALUP, the City finds that residential development is infeasible, other eventual uses inay be planned. The adjustments to the ALUP for this property should be coordinated, if feasible, with ones for the adiacent Dalidio-Madonna-McBride Area(see section 8.8). The full installation of the Froom Ranch Way extension beyond that needed to serve on-site development shall not occur until annexation of the Dalidio-Madonna-McBride Area and a finding that specific plan for such annexation complies with policy 8.8, and that policy 1.12.5 is met. Resolution "C" RESOLUTION NO. (2009 SERIES) Attachment 15 A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A USE PERMIT FOR A 1409000 SQUARE FOOT RETAIL STORE AT 11980 LOS OSOS VALLEY ROAD APPLICATION#U/TR 7-07 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 22, 2009, for the purpose of considering Application U 7-07, a Planning Commission Use Permit to allow a 140,000 square foot retail store; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 1, 2009 for the purpose of considering application U 7-07 WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Project's Final EIR which includes the mitigation monitoring program prepared for the projects and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff,presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: Section 1. Use Permit Findings. Based upon all the evidence, the City Council makes the following findings to support the Use Permit: 1. The use of the property for a large scale, regional serving retail store is consistent with the General Plan,which identifies that this vicinity as appropriate for such development. 2. The proposed use is appropriate at the proposed location and will be compatible with surrounding uses with implementation of the conditions of approval and the mitigation measures contained in the EIR. 3. The scale of the building is compatible with existing uses in the area and maintains the appropriate relationships with surrounding buildings and the adjacent residential area. 4. The proposed use will serve the community, in whole or in significant part, and the nature of the use requires a larger size in order to function. The proposed use has the potential to attract a regional demand, therefore resulting in a potential increase of local restaurant, entertainment and even other retail uses. The nature of a large retail store is that it works as several retail shops under one roof, the tremendous variety and the warehouse-like style contributes to the necessity of the excessive size. F k 3- 131 Resolution No. [ ] Resolution C Page 2 Attachment 1.5 5. The building in which the use is to be located is designed in discrete-elements that respect the scale of development in the surrounding area. 6. As conditioned, the new building is designed in compliance with the City's Design Guidelines for Large-Scale Retail Projects. 7. The size of the retail development shall be reduced by 28,000 square feet with anchor C eliminated from the site plan to accommodate a potential residential area. Section 2. Action. The City Council approves application U 7-07, subject to the following conditions and code requirements: 1. All mitigation measures contained in the Final EIR, as modified by the Planning Commission and/or City Council, shall be included as conditions of approval and are incorporated herein by reference. 2. The development of the site shall be subject to review by the Architectural Review Commission for consistency with Chapter 3.2 of the Community Design Guidelines. 3. The project shall dedicate property to the City in the form of open space with the intent of preserving the property for agricultural uses and the preservation of Prefumo Creek. The boundary of the open space dedication shall be in substantial compliance with the Interim Open Space boundary on the General Plan Map subject to the approval of the Community Development Director and based on the final design of the development plan that is approved by the Architectural Review Commission. 4. An affordable housing agreement shall be submitted for review and approval of the Community Development Director prior to proceeding to the City Council, consistent with recommended mitigation measures and the City's Housing Element policies. 5. The project shall be developed with attention to sustainable construction features and contemporary energy reducing design as identified within the General Plan Conservation and Open Space Element. These features shall include but are not limited to energy and water conservation methods, attention to preservation of native site conditions, and incorporation of recycled construction materials. 6. Any improvements to the area within the proposed open space dedication including but not limited to creekbank stabilization, creek maintenance, drainage improvements, landscaping and construction of pedestrian enhancements shall be the responsibility of the developer and shall be completed prior to occupancy of any commercial structures. 7. The open space dedication, and right-of-way dedications, shall be recorded prior to occupancy of any new commercial structures. 8. All onsite improvements, including landscape, road improvements, drainage facilities, and pedestrian enhancements adjacent to Prefumo Creek shall be completed prior to occupancy of any commercial structures. PN 3-�3a- Resolution No. [ ] Resolution C Page 3 Attachment 15 9. The development project shall be forwarded to the Architectural Review Commission following approval of the Use Permit and certification of the EIR. Plans forwarded to the ARC for approval shall incorporate any applicable EIR mitigation measures, Use Permit conditions, and former recommendations from the ARC including but not limited to: a. Provide significant large size specimen trees, especially at locations close to buildings and within clusters to frame building and site design features. Trees located close to the buildings shall include a mixture of varieties with some tree varieties chosen to reach or exceed the height of the roof of the building at maturity. b. Consider further reductions to the proposed number of parking spaces to provide additional pedestrian amenities or landscaping, including but not limited to a pedestrian path to connect pad H to Anchor E. c. Shorten the road improvements for Froom Ranch Way to terminate just beyond the easterly driveway and design the pedestrian path from the Oceanaire neighborhood to connect to the sidewalk on the south side of Froom Ranch Way separate from vehicular circulation. d. Introduce additional variation to the height of the parapet at the north elevation of Anchor E to improve consistency with the Community Design Guidelines in an effort to visually break the mass of the building. e. Provide a complete landscape plan and grading plan that provides for undulating berms to create variation and interest in the landscape buffer proposed to the north of Froom Ranch Way to provide additional screening for the residential neighborhood to the north. f. Provide a complete lighting plan that includes a photometrics diagram that indicates light level for the entire site. g. Provide detailed plans of drainage plans and any required detention of retention areas. h. Provide color and materials boards for all of the buildings. i. Provide detailed plans for any new fences,walls and retaining walls. j. Indicate locations and design of short and long term bicycle parking. k. Identify the pedestrian connection with neighborhood and provide details for the entry. 1. Provide details for the project amenity with seating adjacent to the creek. m. Provide cross sections through the major anchor and the existing site elevations. n. Provide a cross section for the proposed extension of Froom Ranch Way, the proposed wall and landscape area and the existing residential neighborhood. o. Provide conceptual sign plans. p. Provide LEED checklist and identify opportunities for energy conservation. q. Incorporate any site and building design changes that will be required as mitigation measures or as conditions of approval for the use permit. r. Add a photo-simulation of the project as it will be viewed from Highway 101. s. Install story poles to establish the preferred wall height adjacent to the existing residential neighborhood at the edge of the proposed Froom Ranch Way extension. t. Plans for final architectural review shall include details of required trash enclosures. The City Community Development Department and the San Luis Garbage Company(Tom Martin 543-0875) should be consulted on the number and design of trash and recycling d dumpsters required to properly serve the project. pkv - 133 Itachment 15 Resolution No. [ ] Resolution C Page 4 10. Truck routes for grading import and/or exports and material deliveries shall be established for northerly and southerly destinations in accordance with the Circulation Element and shall be noted on the building/grading plans. 11. In order to offset APCD required mitigation, the applicant shall consider the construction of bicycle and pedestrian circulation improvements including class 1 bike paths in consultation with the Community Development Director and the Transportation Department. 12. The final plans and drainage report shall consider the potential for a water quality treatment swale/bio-swale and plantings along the Los Osos Valley Road corridor. The final ARC plans shall consider compensatory plantings and appropriate natural screening in-lieu of the proposed berms in an effort to support additional water quality and quantity improvements as part of the overall drainage strategy and treatment train. The water quality treatment train should include as many passive and natural systems as practical. 13. The final ARC plans shall include all final landscape features and drainage improvements in accordance with the EIR mitigation measures relating to water quality and water quantity impacts. 14. The ARC plans and drainage report shall clarify how the areas of parking lot and drive aisle closest to the creek will adequately treat the parking lot runoff in accordance with the mitigation measures, City Engineering Standard, and recognized BMP's and standards. 15. The ARC plans and final development plans shall consider the potential for additional passive drainage systems to address water quality and water quantity concerns. 16. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, all new structures shall comply with all Federal Emergency Management Agency(FEMA) requirements and the city's Floodplain Management Regulations per Municipal Code Chapter 17.84. 17. The applicant shall submit a Letter of Map Revision (LOMR) to FEMA within 6 months of the completion of grading or prior to occupancy of the first building structure, whichever comes first. The LOMR shall be finally accepted and the city notified of the same, prior to the release of any final subdivision improvement sureties. 18. Off-site dedication of property for public right-of-way purposes is required to facilitate the development of this project. The applicant shall exhaust all avenues available to acquire the public right-of-way dedication. In the event the applicant is unable to acquire the property for these public rights-of-way, the City Council will consider lending the applicant its powers of condemnation to acquire the off-site right-of-way, including any necessary slope and drainage easements. If condemnation is required, the applicant shall pay any and all costs associated with the off-site right-of-way acquisition including attorney fees and court costs. 19. If the developer is unable to acquire property required for the construction of required improvements prior to approval of the final map, Developer shall request the City in writing to acquire said property by eminent domain. Said written request shall be made to the City no less than sixty(60) days prior to the approval of the final map and be accompanied by: PH 3-B V ttachment 15 Resolution No. [ ] Resolution C Page 5 1. A standard City contract for Real Property Acquisition executed by the developer; 2. Deposit both: a. A faithful performance bond or other approved security in a form approved by the City Attorney in an amount determined by the City to assure performance of the obligation to reimburse the City for all said costs of acquisition; and b. Deposit an amount determined by the City(in the form of a cashier's check or certified check, as an advance on the payment of all costs, as determined by the City, of acquiring off-site real property interests in connection with the subdivision. 20. Open space Parcel I shall be offered to the City of San Luis Obispo in fee. Easements and/or license agreements shall be recorded in conjunction with the map for the installation and maintenance of private storm drain improvements, pipe outfall, private trail, trail improvements, landscaping, and other project amenities approved by the city and/or conditioned with the development project. 21. The final ARC plans shall include detailed plans of the improvements located within the open space parcel, pedestrian connection to Oceanaire Drive, creek bank restoration, drainage improvements, landscape, landscape irrigation, and erosion controls. 22. A separate access easement or license agreement shall be provided from the applicant to the city for reasonable access to the Open Space from the project for creek maintenance and city infrastructure construction or maintenance. 23. Vehicle access rights along the Froom Ranch Way extension shall be dedicated to the City along the entire north(west) side of the street and along the south(east) side of the street except at approved driveway locations. No driveway connections are approved to provide access to Lots I —8, Block F of Tract 234. 24. The applicant shall provide notice to the property owner's located along the southerly side of Cayucos Drive (Lots 1 — 8, Block F of Tract 234) prior to the removal of fencing, plantings or other encroachments that are located across their respective southerly property lines. 25. The proposed sound wall, parkway and buffer area plantings, and the appurtenant landscape irrigation improvements located within the Froom Ranch Way and Los Osos Valley Road rights-of-way shall be privately owned and maintained by the developer, association, or respective owners of the adjacent parcels. A maintenance agreement shall be recorded in conjunction with the parcel map. 26. The proposed sound wall shall be treated with an appropriate surface treatment and/or plantings to reduce the effects of graffiti. 27. Public improvement plans shall be submitted to the Public Works Department for review and approval. The plans shall be approved prior to map recordation and prior to building permit issuance. Public improvement plans and specifications shall comply with the City Engineering Standards and Standard Specifications in effect at the time of submittal of the improvement plans. The current standards are dated January 2009.. N 3 -►35 lachrnent 15 Resolution No. ( ] Resolution C Page 6 28. Final street alignments, street sections, and utility locations shall comply with City Engineering Standard and shall be approved to the satisfaction of the Public Works Director and Utilities Director. 29. The final street section shall be designed in accordance with the standards for a commercial collector except where deviations have otherwise been specifically approved by the Public Works Director. 30. The public improvement plan shall include all offsite transportation improvements in accordance with the final EIR; project conditions, code requirements, and mitigation measures. Said improvements shall include but are not limited to median and signal improvements to create dual left turn lanes from south bound Los Osos Valley Road, off-site improvements at the intersection of Madonna Road/LOVR and payment of pertinent impact fees. 31. The final street sections along the Froom Ranch Way extension shall include a 5' detached sidewalk or 6' integral sidewalk per City Engineering Standard#4110. 32. Street terminations at Froom Ranch Way and Oceanaire shall be included in the public improvement plan submittal and subject to approval of the director of Public Works. The final ARC plans shall provide additional details of the terminations, pedestrian path improvements, extent of tree pruning and landscape improvements. 33. The public improvement plan submittal shall include the pertinent offsite pedestrian improvements at the northerly corner of Froom Ranch Way, Los Osos Valley Road, and the frontage road. 34. The final ARC plans shall show a minimum 20' building setback from the proposed right-of- way lines along Los Osos Valley Road and Froom Ranch Way for all buildings located on Parcel 4. 35. The public improvement plans, grading plans, and site development pians shall show how the potential widening of Los Osos Valley Road and Froom.Ranch Way could be accommodated across the respective frontages of Parcel 4. A separate offer of dedication for road purposes may be required in conjunction with the final parcel map. 36. The final ARC plans and public improvement plans shall show how the creek trail will terminate,or if feasible, shall show how access can be achieved along the southerly boundary of the development site and up to the public right-of-way along Los Osos Valley Road. 37. The public improvement plans and ARC plans shall consider the extension of the Froom Ranch Way bio-swale in a easterly and westerly direction in an effort to improve the contact time and water quality improvements. The vegetated swales, hydrodynamic separators, and related storm drain piping systems shall be privately maintained. The storm drain catch basins located with the public street and the primary storm drain piping located along the southerly side of Froom Ranch Way will be part of the public improvements. VOrk 3-13� Itachment 15 Resolution No. [ j Resolution C Page 7 38. The final ARC plans and public improvement plans shall include landscape plans that correctly reflect the final street section and areas of parkway and median planting. 39. The final ARC plans shall show compliance with the Parking and Driveway Standards and City Engineering Standard #2010. The final plans shall clarify where loading zones will be provided. The plans shall include a complete signing and striping plan for reference. 40. The project shall provide a gravity sewer connection to an existing or extended public sewer main in accordance with city standards and the State Plumbing Code to the satisfaction of the Utilities Director and Public Works Director. Public gravity sewer mains exist in Los Osos Valley Road and in Oceanaire Drive serving Tract 234. The final point of connection and related improvements shall be approved by the city prior to submittal of the public improvement plans. The terminus of the main serving Tract 234 is only 6" and may need to be upgraded to a minimum 8"main per City Engineering Standards. 41. The Public Improvement Plans shall include the installation of pedestrian countdown heads at the intersection of LOVR/Froom Ranch Way. 42. The ARC submittal shall include truck turning templates for trucks entering the site from the public right of way, delivery areas, and on-site circulation routes demonstrating compliance with City standards. 43. The ARC submittal shall show pedestrian connections to adjoining properties and/or the public right of way. 44. The proposed subdivision map shall be reviewed by the Planning Commission. Code Requirements: Note: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Additionally these code requirements were formulated prior to release of the project final EIR. The final EIR supercedes the code requirements where a conflict occurs. Public Works 1. Traffic impact fees shall be paid prior to the issuance of a building permit. 2. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc„ shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A computer disk, containing the appropriate data compatible with Autocad(Digital Interchange Format,DXF) for Geographic Information System (GIS)purposes, shall be submitted to the City Engineer. 3. The public improvement plans and specifications shall use English Units in accordance with the current Engineering Standards. Pk,3 -13:7 A ttachment 15 Resolution No. [ ] Resolution C Page 8 Utilities 4. The irrigation systems for common areas, parks, detention basins, and other large landscape areas shall be designed and constructed in accordance with the standards for reclaimed water use. 5. The plans indicate that the project will be served by a private sewer lift station on site, which will pump to a gravity sewer main on the westerly side of Los Osos Valley Road (LOUR). A sewer main also exists along the easterly side of LOVR, and ends very near the southwesterly comer of the project. The depth of the sewer at this location appears to be sufficient to allow the project to sewer to this point by gravity,which would eliminate the need for a sewer lift station. The project's engineer shall evaluate this option for providing sewer service to the project. 6. Adjustments to the water and sewer facilities may be required after more detailed plans are prepared. The need for a recycled water main in the extension of Froom Ranch Way is currently being evaluated. The project may be conditioned to provide a recycled water main in this street, for future continuation across Prefumo Creek. Street Trees 7. One street tree is required for every 35' lineal feet of street frontage or any part thereof. Trees to be planted as street trees on the Los Osos Valley Road frontage shall be chosen from the Street Trees for Major Streets List. However Froom Ranch Way street trees can be chosen from the overall all Master Street Tree List. 8. Trees purposed along the creek corridor are species commonly used as native trees. Applicants should work with the Natural Resource Manager on specific riparian trees and appropriate densities. 9. Existing trees on site and on adjacent properties must be considered in an overall tree protection plan to ensure their survival during excavation and construction. Building 10. Each parking lot serving a particular building shall provide accessible parking and be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. Provide adjacent accessible parking for Pad F and Pad G. 11. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. Anchor E appears to have multiple accessible entrances. Disperse or add additional accessible parking spaces accordingly. 12. The minimum number of required accessible parking spaces shall be based on Table 11B-6 in the CBC. Additional spaces may be required to comply with other sections of the code.One in every eight parking spaces shall be served by a van accessible space. PN 3 -►3F attachment 15 Resolution No. [ ] Resolution C Page 9 Fire 13. Site Specific Special Condition: Buildings 100,000 square feet and larger may exceed the threshold of operational significance for the fire department's existing 75 foot ladder truck. This project may need to pay a fair share portion of fire truck.mitigations fees if applicable. Transportation 14. Bicycle Parking: The applicant shall provide the amount of long- and short-term bicycle storage as called for by Section 17.16.060 of the City Zoning Regulations. a. Short-term bicycle storage (racks) shall comply with the design and location provisions of the adopted Bicycle Transportation Plan (reference Section N.C, page 12). Consistent with these provisions,bike racks should be located close to and viewable form the building's main entrance. b. Long-term bicycle storage shall be provided by installing fully enclosed lockers or reserving a dedicated lockable room within the structure for bike storage. c. The dimensioned location, type and orientation of all bicycle parking facilities and information that documents compliance with the above provisions shall be provided on the project plans considered by the ARC. 15. Truck Circulation: The project plans shall show the intended circulation route for delivery vehicles. ��3-13q --attachment 16 Resolution No. [ l Resolution C Page 10 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of 2009. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney G:\CD-PLAN\Pdunsmore\Special Projects\Prefumo Creek Commons\EIRTinal EIR\Council Reso C.doc P� 3 1y� Resolution "D" RESOLUTION NO. (2009 SERIES) Attachment 1l A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A GENERAL PLAN AMENDMENT, AND ANNEXATION FOR PROPERTY LOCATED AT 11980 LOS OSOS VALLEY ROAD GP/R/ANNX 7-07 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 22, 2009,for the purpose of considering application GP/R/ANNX 7-07, a request to, annex a 31 acre property into the City, amend the General Plan Land Use Map from Interim Open Space to General Retail and pre-zone portions of the site C-R and C/OS; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 1, 2009 for the purpose of considering application GP/R/ANNX 7-07 WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Environmental Impact Report and the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. Amendment of the General Plan Map from Interim Open Space to General Retail is consistent with Land Use Element Policy 8.7- Los Osos Valley Gap since the land to the east of the site, including Prefumo Creek is proposed to be annexed as open space and the development plan provides for expansion of regional retail consistent with other development in the vicinity. 2. Consistent with Land Use Element Policy 8.8, the annexation and General Plan amendment allows for the permanent protection of agricultural land that is contiguous to other agricultural land in the vicinity, increasing the potential for the operation of a working farmland area. GP/R/ANNX 7-07 Pref rao Creek Commons eso upon 11930 Los Osos Valley Road Page 2 3. As proposed, the development plan meets the intent of General Plan policy 3.1.1 and 3.1.2 since it provides a location for regional retail adjacent to other regional retail uses and adjacent to the Los Osos Valley Road and Highway 101 corridor and with a development pattern that is consistent with the vicinity. 4. Allowing the Land Use Element map amendment will allow for development and road improvements that will enhance the safety, levels of service, and pedestrian/bicycle accessibility on Los Osos Valley Road and Froom Ranch Way. 5. The EIR for the project adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures are provided to reduce these impacts to less than significant levels. Section 2.Adoption. The City Council approves GP/R/ANNX 7-07 to annex the subject property into the City of San Luis Obispo and amend the General Plan Land Use Map for interim open space to general retail, as shown on attached Exhibit A subject to the following conditions: 1. The boundary between the Land Use Map designation of Open Space and General Retail shall occur no closer than 50 feet west of the western bank of Prefumo Creek and shall be accurately reflected on final development plans submitted to the Architectural Review Commission.. 2. All mitigation measures in the Final EIR shall be incorporated into the project as applicable. 3. The complete road improvements for Froom Ranch Way shall be delayed until warranted for a connection to the Dalidio property, however all of the necessary right-of-way shall be dedicated and the applicant shall be financially responsible for the full development of the roadway to Prefumo Creek when it is needed. 4. The open space zone shall be increased in size towards the northeast comer of the proposed parking area east of proposed Anchor C. Proposed parking area, driveways and other improvements shall be eliminated from the plan to accommodate the increased open space designation as shown on Exhibit A. GP/R/ANNX 7-07 Prefumo Creek Commons Attadment I& 11980 Los Osos Valley Road Page 3 On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of 2009. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jona Lowell, City Attorney GACD-PLAN\Pdunsmore\Special Projects\Prehuno Creek Commons\EIRTinal EIMCouncil Reso D.doc �N 3 �Lt3 GP/R/ANNX 7-07 Prefumo Creek Commons Resolu ' n D 11980 Los Osos Valley Road Attacet 1l0 Page 4 EXHIBIT A General Retail Open Space � P �O s osos J�oQ4� v �O - ........... .-.... o� ° _ 6af.°ie� Scfio.l H.i.°1 � He.ldev°1.1 L— Lj L�j Lr'`� u rl_y`Lr, j ��•• r _ — — ��=; Plan detail at left illustrates p,., ,, ,�c I open space boundary. r rir`nv=U�-�) Improvements shall be i , �;-- amended to accommodate •i ? �© n �/ 3 open space boundary. J _ Oar— —� u- v o o Passive use of open space ,..," ..�....�.,. Nr D with pedestrian amenities is C/ acceptable. (J % / 104 je* s; , e rHc Od 1pee.v ro d Sp.ce ( n Lq Conceptual Sitc Plan tit Resolution "E" RESOLUTION NO. (2009 SERIES) Attachment 17 A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO RECOMMENDING APPROVAL OF A USE PERMIT FOR A 1409000 SQUARE FOOT RETAIL STORE AND A MINOR SUBDIVISON TO ALLOW FOUR DEVELOPMENT LOTS AND AN OPEN SPACE LOT 11980 LOS OSOS VALLEY ROAD APPLICATION# 7-07 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 22, 2009, for the purpose of considering Application U/TR 7-07, a Planning Commission Use Permit to allow a 140,000 square foot retail store and a proposed subdivision map; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 1, 2009 for the purpose of considering application U/TR 7-07 WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Project's Final EIR which includes the mitigation monitoring program prepared for the projects and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant,interested parties, and the evaluation and recommendations by staff,presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: Section 1. Use Permit Findings. Based upon all the evidence, the City Council makes the following findings in support of the use permit: 1. The use of the property for a large scale, regional serving retail store is consistent with the General Plan,which identifies that this vicinity as appropriate for such development. 2. The proposed use is appropriate at the proposed location and will be compatible with surrounding uses with implementation of the conditions of approval and the mitigation measures contained in the EIR. 3. The scale of the building is compatible with existing uses in the area and maintains the appropriate relationships with surrounding buildings and the adjacent residential area. 4. The proposed use will serve the community, in whole or in significant part, and the nature of the use requires a larger size in order to function. The proposed use has the potential to attract a regional demand, therefore resulting in a potential increase of local restaurant, Resolution No. ( j Res tion E UrrR7-07 September 1, 2009 Page 2 Attamment 17 Page entertainment and even other retail uses. The nature of a Target store is that it works as several retail shops under one roof, the tremendous variety and the warehouse-like style contributes to the necessity of the excessive size. 5. The building in which the use is to be located is designed in discrete-elements that respect the scale of development in the surrounding area. 6. As conditioned, the new building is designed in compliance with the City's Design Guidelines for Large-Scale Retail Projects. Section 2. Subdivision Findings. Based upon all the evidence, the City Council makes the following findings in support of the subdivision to allow 4 development lots and one open space lot: 1. As conditioned, the design or improvement of the proposed subdivision is consistent with the General Plan Map for General Retail because each property is appropriately sized, each property has frontage on a public street, and each property allows for logical commercial development. 2. As conditioned, the site is physically suitable for the proposed density of development because the site is adjacent to an existing retail shopping center and there are existing roadways and services available to serve the development in accordance with City standards. 3. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the development plan (as conditioned and as described in the Final EIR) contains provisions to preserve and protect the creek and sensitive habitat areas. 4. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the development is of a similar scale to surrounding development. Additionally,new construction will be designed to meet existing building and safety codes. 5. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. 6. The subdivision will provide for significant public benefits in the form of an 11-acre open space dedication to the City and the dedication of a new road and road improvements adjacent to existing roadways. Section 3. Action. The City Council approves application U and TR 7-07, subject to the following conditions and code requirements: 1. All mitigation measures contained in the Final EIR shall be included as conditions of approval, and are incorporated herein by reference. 3 4 ,� l Resolution No. ( ] Resolution E U/TR 7-07 September 1, 2009 Page 3 Attachment 17 2. The development of the site shall be subject to review by the Architectural Review Commission for consistency with Chapter 3.2 of the Community Design Guidelines. 3. The project shall dedicate property to the City in the form of open space with the intent of preserving the property for agricultural uses and the preservation of Prefiuno Creek. The boundary of the open space dedication shall be in substantial compliance with the Interim Open Space boundary on the General Plan Map subject to the approval of the Community Development Director and based on the final design of the development plan that is approved by the Architectural Review Commission. 4. An affordable housing agreement shall be submitted for review and approval of the Community Development Director prior to proceeding to the City Council, consistent with recommended mitigation measures and the City's Housing Element policies. 5. The project shall be developed with attention to sustainable construction features and contemporary energy reducing design as identified within the General Plan Conservation and Open Space Element. These features shall include but are not limited to energy and water conservation methods, attention to preservation of native site conditions,and incorporation of recycled construction materials. 6. Any improvements to the area within the proposed open space dedication including but not limited to creekbank stabilization, creek maintenance,drainage improvements, landscaping and construction of pedestrian enhancements shall be the responsibility of the developer and shall be completed prior to occupancy of any commercial structures. 7. The tentative map, including the open space dedication, and right-of-way dedications, shall be recorded prior to occupancy of any new commercial structures. 8. All onsite improvements, including landscape, road improvements, drainage facilities, and pedestrian enhancements adjacent to Prefiuno Creek shall be completed prior to occupancy of any commercial structures. 9. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents,officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 10. The development project shall be forwarded to the Architectural Review Commission following approval of the Use Permit and certification of the EIR. Plans forwarded to the ARC for approval shall incorporate any applicable EIR mitigation measures,Use Permit conditions, and former recommendations from the ARC including but not limited to a. Provide significant large size specimen trees, especially at locations close to buildings and within clusters to frame building and site design features. Trees located close to the buildings shall include a mixture of varieties with some tree varieties chosen to reach or exceed the height of the roof of the building at maturity. p H 3-/(j Resolution No. [ ] Resolution E U/TR 7-07 September 1, 2009 Page 4 Attachment 17 b. Consider further reductions to the proposed number of parking spaces to provide additional pedestrian amenities or landscaping, including but not limited to a pedestrian path to connect pad H to Anchor E. c. Shorten the road improvements for Froom Ranch Way to terminate just beyond the easterly driveway and design the pedestrian path from the Oceanaire neighborhood to connect to the sidewalk on the south side of Froom Ranch Way separate from vehicular circulation. d. Introduce additional variation to the height of the parapet at the north elevation of Anchor E to improve consistency with the Community Design Guidelines in an effort to visually break the mass of the building. e. Provide a complete landscape plan and grading plan that provides for undulating berms to create variation and interest in the landscape buffer proposed to the north of Froom Ranch Way to provide additional screening for the residential neighborhood to the north. f. Provide a complete lighting plan that includes a photometrics diagram that indicates light level for the entire site. g. Provide detailed plans of drainage plans and any required detention of retention areas. h. Provide color and materials boards for all of the buildings. i. Provide detailed plans for any new fences, walls and retaining walls. j. Indicate locations and design of short and long term bicycle parking. k. Identify the pedestrian connection with neighborhood and provide details for the entry. 1. Provide details for the project amenity with seating adjacent to the creek. m. Provide cross sections through the major anchor and the existing site elevations. n. Provide a cross section for the proposed extension of Froom Ranch Way, the proposed wall and landscape area and the existing residential neighborhood. o. Provide conceptual sign plans. p. Provide LEED checklist and identify opportunities for energy conservation. q. Incorporate any site and building design changes that will be required as mitigation measures or as conditions of approval for the use permit. r. Add a photosimulation of the project as it will be viewed from Highway 101. s. Install story poles to establish the preferred wall height adjacent to the existing residential neighborhood at the edge of the proposed Froom Ranch Way extension. t. Plans for final architectural review shall include details of required trash enclosures. The City Community Development Department and the San Luis Garbage Company (TomMartin 543-0875) should be consulted on the number and design of trash and recycling dumpsters required to properly serve the project. 11. Truck routes for grading import and/or exports and material deliveries shall be established for northerly and southerly destinations in accordance with the Circulation Element and shall be noted on the building/grading plans. 12. In order to offset APCD required mitigation, the applicant shall consider the construction of bicycle and pedestrian circulation improvements including class 1 bike paths in consultation with the Community Development Director and the Transportation Department. 13. The final plans and drainage report shall consider the potential for a water quality treatment swale/bio-swale and plantings along the Los Osos Valley Road corridor. The final ARC plans shall consider compensatory plantings and appropriate natural screening in-lieu of the � 1Y' Resolution No. [ ] Resol on E PU1rRage 5 7-07 September 1,2009 Atment`tae17 Page proposed berms in an effort to support additional water quality and quantity improvements as part of the overall drainage strategy and treatment train. The water quality treatment train should include as many passive and natural systems as practical. 14. The final ARC plans shall include all final landscape features and drainage improvements in accordance with the E1R mitigation measures relating to water quality and water quantity impacts. 15. The ARC plans and drainage report shall clarify how the areas of parking lot and drive aisle closest to the creek will adequately treat the parking lot runoff in accordance with the mitigation measures, City Engineering Standard, and recognized BMP's and standards. 16. The ARC plans and final development plans shall consider the potential for additional passive drainage systems to address water quality and water quantity concerns. 17. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, all new structures shall comply with all Federal Emergency Management Agency(FEMA)requirements and the city's Floodplain Management Regulations per Municipal Code Chapter 17.84. 18. The applicant shall submit a Letter of Map Revision(LOMR)to FEMA within 6 months of the completion of grading or prior to occupancy of the first building structure,whichever comes first. The LOMR shall be finally accepted and the city notified of the same,prior to the release of any final subdivision improvement sureties. 19. Any easements including but not limited to provisions for all public and private utilities, access, drainage, common driveways, and maintenance of the same shall be shown on the final map or recorded separately prior to map recordation if applicable. 20. The subdivider shall dedicate a 15' wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 21. The subdivider shall dedicate a 10' wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 22. Off-site dedication of property for public right-of-way purposes is required to facilitate the development of this project. The subdivider shall exhaust all avenues available to acquire the public right-of-way dedication. In the event the subdivider is unable to acquire the property for these public rights-of-way, the City Council will consider lending the subdivider its powers of condemnation to acquire the off-site right-of-way, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall pay any and all costs associated with the off-site right-of-way acquisition including attorney fees and court costs. 23. If the developer is unable to acquire property required for the construction of required improvements prior to approval of the final map, Developer shall request the City in writing to acquire said property by eminent domain. Said written request shall be made to the City no less than sixty(60)days prior to the approval of the final map and be accompanied by: a. A standard City contract for Real Property Acquisition executed by the developer; b. Deposit both: i) A faithful performance bond or other approved security in a form approved by the City Attorney in an amount determined by the City to assure performance of the obligation to reimburse the City for all said costs of acquisition; and P4344? Resolution [ ] At ac iment 17U/TR 7-07 September 1, 2009 Page 6 ii) Deposit an amount determined by the City(in the form of a cashier's check or certified check, as an advance on the payment of all costs, as determined by the City, of acquiring off-site real property interests in connection with the subdivision.. 24. The final ARC plans shall include detailed plans of the improvements located within the Open Space parcel,pedestrian connection to Oceanaire Drive, creek bank restoration, drainage improvements, landscape, landscape irrigation, and erosion controls. 25. A separate access easement or license agreement shall be provided from the applicant to the city for reasonable access to the Open Space from the project for creek maintenance and city infrastructure construction or maintenance. 26. Vehicle access rights along the Froom Ranch Way extension shall be dedicated to the City along the entire north(west) side of the street and along the south(east) side of the street except at approved driveway locations. No driveway connections are approved to provide access to Lots 1 —8,Block F of Tract 234. 27. The applicant shall provide notice to the property owner's located along the southerly side of Cayucos Drive (Lots 1 —8, Block F of Tract 234)prior to the removal of fencing,plantings or other encroachments that are located across their respective southerly property lines. 28. The proposed sound wall,parkway and buffer area plantings, and the appurtenant landscape irrigation improvements located within the Froom Ranch Way and Los Osos Valley Road rights-of-way shall be privately owned and maintained by the developer, association, or respective owners of the adjacent parcels. A maintenance agreement shall be recorded in conjunction with the parcel map. 29. The proposed sound wall shall be treated with an appropriate surface treatment and/or plantings to reduce the effects of graffiti. 30. Public improvement plans shall be submitted to the Public Works Department for review and approval. The plans shall be approved prior to map recordation and prior to building permit issuance. Public improvement plans and specifications shall comply with the City Engineering Standards and Standard Specifications in effect at the time of submittal of the improvement plans. The current standards are dated January 2009. 31. The subdivision improvements shall be completed to the satisfaction of the Community Development Director and City Engineer prior to final inspection approvals and/or recordation of the map. A completion guarantee shall be provided per city standards if the map is approved for recordation prior to completion of all required subdivision improvements. P)43 -) S--O Resolution No. [ ) AtResol tion E UrrR7-07 September 1,2009 cPage mentPage 7 ta 32. Final street alignments, street sections, and utility locations shall comply with City Engineering Standard and shall be approved to the satisfaction of the Public Works Director and Utilities Director. 33. The final street section shall be designed in accordance with the standards for a commercial collector except where deviations have otherwise been specifically approved by the Public Works Director. 34. The public improvement plan shall include all offsite transportation improvements in accordance with the final EIR,project conditions, code requirements, and mitigation measures. Said improvements shall include but are not limited to median and signal improvements to create dual left turn lanes from south bound Los Osos Valley Road, off-site improvements at the intersection of Madonna Road/LOVR and payment of pertinent impact fees. 35. The final street sections along the Froom Ranch Way extension shall include a 5' detached sidewalk or 6' integral sidewalk per City Engineering Standard#41.10. 36. Street terminations at Froom Ranch Way and Oceanaire shall be included in the public improvement plan submittal and subject to approval of the director of Public Works. The final ARC plans shall provide additional details of the terminations, pedestrian path improvements, extent of tree pruning and landscape improvements. 37. The public improvement plan submittal shall include the pertinent offsite pedestrian improvements at the northerly corner of Froom Ranch Way, Los Osos Valley Road, and the frontage road. 38. The final ARC plans shall show a minimum 20' building setback from the proposed right-of- way lines along Los Osos Valley Road and Froom Ranch Way for all buildings located on Parcel 4. 39. The public improvement plans, grading plans, and site development plans shall show how the potential widening of Los Osos Valley Road and Froom Ranch Way could be accommodated across the respective frontages of Parcel 4. A separate offer of dedication for road purposes maybe required in conjunction with the final parcel map. 40. The final ARC plans and public improvement plans shall show how the creek trail will terminate, or if feasible, shall show how access can be achieved along the southerly boundary of the development site and up to the public right-of-way along Los Osos Valley Road. 41. The public improvement plans and ARC plans shall consider the extension of the Froom Ranch Way bio-swale in a easterly and westerly direction in an effort to improve the contact time and water quality improvements. The vegetated swales,hydrodynamic separators, and related storm drain piping systems shall be privately maintained. The storm drain catch basins located with the public street and the primary storm drain piping located along the southerly side of Froom Ranch Way will be part of the public improvements. P1+3 -IS I Resolution No. 1 ] Resolution E U/TR 7-07 September 1, 2009 Page 8 Attachment 17 42. The final ARC plans and public improvement plans shall include landscape plans that correctly reflect the final street section and areas of parkway and median planting. 43. The final ARC plans shall show compliance with the Parking and Driveway Standards and City Engineering Standard#2010. The final plans shall clarify where loading zones will be provided. The plans shall include a complete signing and striping plan for reference. 44. The project shall provide a gravity sewer connection to an existing or extended public sewer main in accordance with city standards and the State Plumbing Code to the satisfaction of the Utilities Director and Public Works Director. Public gravity sewer mains exist in Los Osos Valley Road and in Oceanaire Drive serving Tract 234. The final point of connection and related improvements shall be approved by the city prior to submittal of the public improvement plans. The terminus of the main serving Tract 234 is only 6"and may need to be upgraded to a minimum 8"main per City Engineering Standards. 45. The subdivider shall install street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires per City standards. Off- site street lighting improvements, alterations, or upgrades maybe required along roadways leading to and from the proposed development to complete the necessary public improvements. 46. The final map shall conform with the City of San Luis Obispo subdivision regulations, Subdivision Map Act, and Floodplain Management Regulations. 47. The Public Improvement Plans shall include the installation of pedestrian countdown heads at the intersection of LOVR/Froom Ranch Way. 48. The Final Map shall include an offer of dedication for a public transit easement for circulation and transit stop purposes. 49. The ARC submittal shall include truck turning templates for trucks entering the site from the public right of way, delivery areas, and on-site circulation routes demonstrating compliance with City standards. 50. The ARC submittal shall show pedestrian connections to adjoining properties and/or the public right of way. Code Requirements: Note: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Additionally these code requirements were formulated prior to release of the project final EIR. The final EIR supercedes the code requirements where a conflict occurs. Public Works 1. Traffic impact fees shall be paid prior to the issuance of a building permit. FA 3 -1 Sa- Resolution No. [ ] AttResoytion E U/TR 7-07 September 1, 2009 Page 9 acment 17 2. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A computer disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System(GIS)purposes, shall be submitted to the City Engineer. 3. The parcel map preparation and monumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The parcel map shall use U.S. Customary Units in accordance with the current City Engineering Standards. All record data shall be entered on the map in the record units, metric translations should be in parenthesis if applicable. 4. The public improvement plans and specifications shall use English Units in accordance with the current Engineering Standards. Utilities 5. The irrigation systems for common areas,parks, detention basins, and other large landscape areas shall be designed and constructed in accordance with the standards for reclaimed water use. 6. The plans indicate that the project will be served by a private sewer lift station on site, which will pump to a gravity sewer main on the westerly side of Los Osos Valley Road (LOVR). A sewer main also exists along the easterly side of LOUR, and ends very near the southwesterly comer of the project. The depth of the sewer at this location appears to be sufficient to allow the project to sewer to this point by gravity,which would eliminate the need for a sewer lift station. The project's engineer shall evaluate this option for providing sewer service to the project. 7. Adjustments to the water and sewer facilities may be required after more detailed plans are prepared. The need for a recycled water main in the extension of Froom Ranch Way is currently being evaluated. The project may be conditioned to provide a recycled water main in this street, for future continuation across Prefumo Creek. Street Trees 8. One street tree is required for every 35' lineal feet of street frontage or any part thereof. Trees to be planted as street trees on the Los Osos Valley Road frontage shall be chosen from the Street Trees for Major Streets List. However Froom Ranch Way street trees can be chosen from the overall all Master Street Tree List. 9. Trees purposed along the creek corridor are species commonly used as native trees. Applicants should work with the Natural Resource Manager on specific riparian trees and appropriate densities. Pi�3 -is3 Resolution No. [ ] Resolution E U/TR 7-07 September 1, 2009 Paget 0 Attachment 17 10. Existing trees on site and on adjacent properties must be considered in an overall tree protection plan to ensure their survival during excavation and construction. Buildin 11. Each parking lot serving a particular building shall provide accessible parking and be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. Provide adjacent accessible parking for Pad F and Pad G. 12. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. Anchor E appears to have multiple accessible entrances. Disperse or add additional accessible parking spaces accordingly. 13. The minimum number of required accessible parking spaces shall be based on Table 11 B-6 in the CBC. Additional spaces may be required to comply with other sections of the code.One in every eight parking spaces shall be served by a van accessible space. Fire 14. Site Specific Special Condition: Buildings 100,000 square feet and larger may exceed the threshold of operational significance for the fire department's existing 75 foot ladder truck. This project may need to pay a fair share portion of fire truck mitigations fees if applicable. Transportation 15. Bicycle Parking: The applicant shall provide the amount of long- and short-term bicycle storage as called for by Section 17.16.060 of the City Zoning Regulations. a. Short-term bicycle storage (racks) shall comply with the design and location provisions of the adopted Bicycle Transportation Plan (reference Section IV.C, page 12). Consistent with these provisions, bike racks should be located close to and viewable form the building's main entrance. b. Long-term bicycle storage shall be provided by installing fully enclosed lockers or reserving a dedicated lockable room within the structure for bike storage. c. The dimensioned location, type and orientation of all bicycle parking facilities and information that documents compliance with the above provisions shall be provided on the project plans considered by the ARC. 16. Truck Circulation: The project plans shall show the intended circulation route for delivery vehicles. � K3 -�S�f Resolution No. [ ] Resolution E UrrR 7-07 September 1, 2009 Page 11 Attachment 9 On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of 2009. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jon owell, City Attorney G:1CD-PLAN1PdunsmorelSpecial ProjectslPrefumo Creek CommonsOR\Final EIR1Council Reso E.doc Attachment .5 DRAFT ORDINANCE NO. #### (2009 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FOR PROPERTY AT 11980 LOS OSOS VALLEY ROAD TO RETAIL-COMMERCIAL (C-R)AND CONSERVATION/OPEN SPACE C/OS-5 IN CONJUNCTION WITH ANNEXATION (GP/R/ER/ANNX 7-07) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 22, 2009 and recommended approval of Application GP/R/ER/ANNX 7-07, a request to amend the City's Zoning Map designations as noted above; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 1, 2009, for the purpose of considering Application GP/R/ER/ANNX 7-07; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff,presented at said hearing; and WHEREAS, the City Council finds that the proposed rezoning is consistent with the General Plan,the purposes of the Zoning Regulations, and other applicable City ordinances. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council fords and determines that the project's Environmental Impact Report adequately addresses the potential environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgment of the City Council. SECTION 2. Findings. The City Council makes the following findings: 1. The proposed rezoning is consistent with General Plan Land Use Element policies regarding Retail zoning, which designate such districts for locations that are appropriate to serve regional retail uses, warehouse stores, and restaurants. � N3-Ism --Attachment 16 ` ' �Attac Ordinance No.(2008 Series) GP/R 64-07 Page 2 2. The proposed land use amendment will facilitate the acquisition of open space consistent with Land Use Element policies 8.7 and 8.8. 3. The rezoning will create a logical land use category for the property that will facilitate the expansion of the existing regional retail uses west of Los Osos Valley Road. SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R/ER/ANNX 7- 07) is hereby approved as shown in Exhibit A, consistent with the following conditions: 1. The boundary between open space and retail zoning shall occur at a location approximately 50 feet west of Prefumo Creek except towards the northern portion of the property near Oceanaire drive where the boundary between open space and retail zoning shall be approximately 100 feet west of Prefumo Creek. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30)days after its final passage. INTRODUCED on the 1 st day of September, 2009, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the_ day of , 2009, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: rney Jonathan Lowell GACD-PLAN\Pdunsmore\Special Projects\Prefumo Creek COmmons\EIRTinal EIR\Council Draft ord.doc PR 3 -IS9 ��P ���� Attachment 16 Exhibit "N' t� 1 1 I 9 04P 0`jo CONSERVATION / RETAIL-COMMERCIAL (C-R) i OPEN SPACE C/OS-5 i i f PJ _ //If Page 1 of 2 C � Council,SloCity From: Jan William Simek asimek@calpoly.edul Sent: Tue 9/1/2009 2:48 PM To: Council,SloCity Cc: Subject: NO stoplight on Madonna by Laguna Village Attachments: Council members, As a resident of the Laguna Lake area, I am strongly opposed to installing a stoplight on Madonna Road at the entrance to Laguna Village RECEIVED Shopping Center. I have two main objections: first, it is not needed, and second, it would make traffic congestion on Madonna Road worse, not SEP 0 2 2009 better. SLO CITY CLERK Anyone can see that the traffic on Madonna road has gotten heavier because of the business on LOUR. What used to be the eastbound left tum lane into Laguna Village has been made into a westbound left turn IO&C 'D lane onto LOVR. The City was correct in stopping left turns into Laguna Village as it was becoming less safe and it could also add to the traffic congestion on Madonna. So who is inconvenienced by this restriction? 1) the drivers from northbound LOVR who want to enter Laguna Village can continue through the light at Madonna and make a much safer right turn; 2) the drivers from southbound LOVR can make a left tum from the left f L- i 0<T!O r )At— tum lane before the intersection, as it currently exists; CO22L -Pe iJDf�-1tJCE 3) the drivers from eastbound Madonna road can tum left onto LOVR instead of continuing on Madonna, then make a quick right tum at the Shell station or by Burger King. Does it require a modification of behavior? Of course, as do many other ��/ / , &-imele traffic requirements. But to hear the hysterical sky-is-falling proclamations from the businesses or owner at Laguna Village, it would �&i5v � seem as if this restriction severely impacts their business. This is nonsense. While I'm at it, I don't appreciate their attitude against the police doing their job. The second argument against the stoplight is that it would make the flow of traffic on Madonna even more difficult, especially if the westbound traffic had to wait for left turners at Laguna Village. Putting two stoplights within half a block of each other doesn't make any sense. This area is already impacted enough by stoplights; more of them would make things worse. There is one thing that would help this intersection: create a road behind the post office through the Dalidio property, running from Dalidio Drive connecting up to Froom Ranch Road where a traffic.signal already exists, and make this a major entry to the new Target and other shopping that will be in this area of LOVR. This would go a long way to ease congestion at the Madonna/LOUR junction. https://mail.slocity.org/exchange/slocitycouncil/Inbox/NO%20stoplight%20on%20Madonn... 9/2/2009 Page 2 of 2 Jan William Simek https://mail.slocity.org/exchange/slocitycounciVInbox/NO%20stopl ight%20on%20Madonn... 9/2/2009 Page 1 of 1 Councal,SloCity From: Kev[bakedape@charter.net] Sent: Fri 8/21/2009 6:39 PM To: Council,SloCity Cc: Subject: Attachments: Hello,this in response to the perfume creek project. I live on Oceanaire dr. and have for 30 years now. I grew up on this street. Traffic has been a major problem since the whole costo thing went in. Speeding down our street is normal now. We have told the police many times over the years to no avail (you could make some good revenue with just 1 bike cop for a day). The lake side has been taken care of much more than our creek side*cough*. It's not like we don't see what is being done to this city and to the neighborhoods with all this added new stores and whatnot. With the economy the way it is and with all the stores that have gone out why do we need more?.... The irish hills center already has vacant stores....*laugh* and you want to add more!!!?!? Mervyans is gone Gotchalks, Circuit City, Linens n Things etc... went out but you want to add more development not fill the empty stores?? This nice little town has turned to crap in my opinion. We have rentals of collage kids on every street with irresponsible landlords. Turning nice family blocks to party blocks with drunks and fights every weekend. What gives? We just get our 3 mins of public comment for legal reasons duhhh, it's not like we seem to make an impact when we complain about what these projects do to affect our wellbeing of our neighborhoods. Either way it's not like this little rant will do anything it's just another upset homeowner in the city YOU help pull the strings in. Another Concerned Citizen i MADON!" ENTERPRISES RECEIVED F7E_ AUG 2 7 2009 RED FILE 2cDD DIR Ynt6Q O"FIN DIRSLO CITY CLERK MEETING AGENDA r11V,6e_2-FIRE CHIEF. DAT 09 ITEM # P-L-3 �pwDIR IG POLICE CHF DS Cil EC OIRAugust 26, 2009 � r/ -T/LrBun I RIR RD Dear Members of the City.Council: 1"CR- I'm writing this letter to express our concerns as they relate to the site plan for Prefumo Creek.Commons. The original intentand vision for Prefumo Creek Commons was and still is, a Regional Retail Shopping Center: Recently the Planning Commission recommended.a modified shopping center site plan that eliminates the second, smaller anchor, and replaces it with high density residential. We respectfully disagree with.the direction of the Planning Commission and hope the City will approve the site plan that is recommended by the City's planning staff,which proposes no housing on site,only retail. I've attached a letter from our Anchor tenant in the shopping center(Target), who has made their concern clear to me that reduced commercial space and housing on site will be problematic for them. With respect to-the need for affordable:housing; we support the goals of the City's Inclusionary Housing program. In.fact we're currently in the process of identifying appropriate sites and/or structures that could add to the affordable and inclusionary housing supply in the City. This being said, the north side of Prefumo Creek Commons is not an appropriate site for this supply and could-compromise the success of the shopping center. Thank you, Clint Pearce 284•Higuera Street San Luis Obispo CA 93401 Phone: 805-543-0300 Fax: 805-541-3067 Page 1 of I * Clint Pearce From: Kareem.Ali [Kareem.Ali@target.com] Sent: Tuesday,August 25, 2009 5:10 PM RECEIVED To: Clint Pearce; Patti Whelen AUG 2 7 2009 Cc: John.Dewes Subject: San Luis Obispo Target SLO CITY CLERK Clint: I have reservations regarding the revised site plan that was recommended by the Planning Commission and do not see its feasibility, due to the fact that it minimizes the strong retail node that should be delivered at this site. As you're well aware, City Staff in conjunction with our team spent numerous hours designing the original site plan and took into consideration a number of issues in order to minimize potential conflicts between the operation of a typical shopping center and the existing residential neighbors. This new plan, which was apparently designed within a few minutes, now proposes high density housing as well as a reduction to the retail square footage; which I foresee as a severely compromised plan that does not deliver the much needed shopping experience for this site. We believe that it's in the best interest of the development as well as the community, that Prefumo Creek Commons function smoothly and successfully as an appealing retail center. This means that there must be enough stores and restaurants to create a strong synergy within the center to attract a consistent guest flow. For that reason, I believe that it would be necessary for another retail store to be located on the north side of Target, in lieu of the proposed high density residential. We strongly urge you to proceed with the original site plan. �oPr �!hiA iL 020UNCIL ADD DIR Regards, RED FILE " E'f"FIN DIR C'ACAA�"r00Zi75tQ'FIRE CHIEF MEETING AGENDA ATTORNEY C PW DIR DATE-91ila 2 ITEM # Fk3 El-CLERK/ORIG 2rPOLICE CHF ❑ DEPT HEADS 21 REC DIR Kareem � Q — G�UTIL DIR C _�61,,V . rzHR DIR Kareem Ali I Real Estate Manager I Real Estate I(E)Target �C`CHZk 08/25/09 RED FILE - MEETING AGENDA RECEIVED DAT 9 ITEM # I!!uilllllllllll cOLINOL HEHODANDLIH SLO CITY CLERK DATE: August 28, 2009 COUNCIL NCIL CDD DIR CACAO 'FIN DIR ATTORNEY FIRE CHIEF TO: City Council CLERK/ORIG PW DIR ,/ 11 DEPT HEADS OLICE CHF VIA: Ken Hampian, CAO '" r�ir1 REC DIR TOLITILDIR _ �'HR DIR FROM: Doug Davidson, Community Development Deputy Director X,1&jr u CSI Prepared by: Phil Dunsmore X C ITY46 XC ay CL" SUBJECT: Item PH-3: Prefumo Creek Commons Project In preparation for the September I51 Council meeting, Council Member Carter on August 27, 2009, emailed a series of questions to City Manager Ken Hampian for response by staff. Phil Dunsmore, the project planner for the Preftuno Creek Commons Project has prepared the following responses. Question 1. Please provide a simple table showing the number of auto trips (Evening (a.k.a. PM)peak hour is okay) if the Gap property were all car dealer, if Gap were all residential, and if Gap is developed in retail as proposed by applicant. For Gap all residential,please indicate the number of dwelling units assumed. Gap Property Auto Trip Peak Hour Comparison by Use of Property Use of Property Assumed Size PM Peak Trip Rate PM Peak Trip max per hour Residential 190 units .88 per unit2 167 trips Car Dealers 250 employees .96 per employee 240 trips Retail 180,000 s.f. 5.05 per 1000 s.f. 682 trips -25% pass by reduction Residential unit calculation based on R-2 zoning Z Same PM Peak Trip Rate used for DeVaul Ranch EIR. Rate is based on ITE's Trip Generation calibrated for the City's Traffic Model. 3 Car Dealer trips based on 5 dealerships with 50 employees each i S\ I Question 2. Please provide a simple table comparing traffic impact(again PMpeak hour trips is okay)for Costco/Home Depot/Irish Hills Plaza as developed or per project EIR's vs. what it would have been as residential. Again provide assumed number of dwelling units. ri h Hills Plaza . . . . . Property Use of Property Assumed Size PM Peak Trip Rate PM Peak Trip Residential Units 300 units .88 per unie 264 trips Retail 420,000 s.f. 5.05 1,591 trips -25% pass by reduction Question 3. Please discuss "any compromises to the General Plan and its original EIR which have already occurred when the land designation along LOVR in the Costco/Home Depot area moved from residential to commercial"as well as "laying out the history of this change." During the last comprehensive update of the Land Use Element in 1994, the Froom Ranch area (where Home Depot and Costco are now) was initially proposed to be part of a larger residential area, along with the DeVaul Ranch. During the hearings to adopt the LUE, the Froom Ranch area was changed to General Retail. An EIR for this update was adopted and overriding considerations were adopted for jobs/housing impacts associated with a commercially dominant land use pattern. The change was the result of a request by the property owner. The request was reviewed by the Planning Commission and adopted by the Council. The process followed was consistent with state law and City procedures. Since its adoption in 1994, the General Plan land uses along Madonna Road have been gradually implemented. The County also changed its designation to retail at approximately the same time. When the property was annexed in 2000-2001 its designation was already retail and the Home Depot store was already constructed under the jurisdiction of the County. Question L Comparison of the number of jobs in the Gap if used as car dealers vs. retail proposed by applicant. When surveyed, staff found that the auto dealers (pre-economic Recession) along Los Osos Valley Road have typically employed between 45 to 65 people. The average size of an auto dealer is approximately 3 acres. If the Gap were developed for auto dealers use there could be up to five dealerships with an average of approximately 300 employees. The proposed retail use(180,000 s.f.) is anticipated to employ approximately 425 people. Residential unit calculation based on R-2.zoning 5 Same PM Peak Trip Rate used for DeVaul Ranch EIR. Rate is based on ITE's Trip Generation calibrated for the City's Traffic Model. J Question S What was the estimated number of jobs at Costco/Home Depot/Irish Hills Plaza as developed, or per project EIR's.. As developed,the Costco store employs 250, Home Depot 115, Old Navy 45 and smaller retail uses employ between 10-25 employees each for a total of approximately 500 employees in approximately 400,000 square feet of developed retail space. fi Page 1 of 1 Counclil,SloCity From: Gaudrey Igaudrey@sbcglobal.net] Sent: Thu 8/27/2009 8:11 PM To: Council,SloCity Cc` RECEIVED Subject: Please say no to the Pereira Drive traffic light propsal Attachments: AUG 2 8 2009 Dear City Council Members, SLO CITY CLERK It has come to our attention that there is a group attempting to get approval for a new traffic light at the corner of Pereira Drive and Madonna Road at the Laguna Village Shopping Center. A stated Major City Goal is Traffic Congestion Relief. This proposed new traffic light would only undermine that goal. With an existing traffic light approximately 100 yards away, there is already a crosswalk in the area for safe pedestrian crossing and another light at Pereira would certainly only add to congestion on Madonna and Los Osos Valley Roads. There is a flier being circulated urging people to voice their support for this traffic light at the September 1st and September 15th City Council meetings. Since we will not be able to attend those meetings,we would like to voice our disapproval of the proposed traffic light and urge the City Council Members not to make a decision that would worsen congestion in an already congested area of our city. Thank you for your time and consideration. RED FILE MEETING AGENDA Sincerely, DAT 9 ' o91TEM # 2�L 3 Guy Elliott, Audrey Elliott and our three children Partridge Drive San Luis Obispo. U-,CO— UNCIA ;a CDD DIR -'CAO FIN DIR CACAO FIRE CHIEF ATTORNEY PW DIR CLERK/ORIGOLICE CHF 13 DEPT HEADS $REC DIR Pi& (;�UTIL DIR e 17 https://mail.s locity.org/exchange/slocitycouncil/Inbox/Please%20say%20no%2Oto%20the... 8/28/2009 RECEIVE® From: Charles Dills [mailto:charlesdills@mac.com] AUG 3 ': 2009 Sent: Fri 8/28/2009 7:44 PM SLO CITY CLERK To: Council, SloCity Subject: Input? Frankly I doubt you are interested in my input. This light is the silliest traffic light among the myriad of other signs that have as their main function, stopping traffic. This sign a half block from a perhaps useful sign serves no real purpose that I can see. I have used that exit as long as that plaza has existed and never had a problem getting out if I was willing at busy times to be a little patient. To put a sign there to accommodate the "hurry-ers" is not warranted in my opinion. I think you are going to put it there no matter what I think. I am always a bit amused when I find an inoperative signal which usually backs up a good bit of traffic that has very little wait. People seem to be able to cope with it beautifully when the signal gets out of the way. Have you ever wondered why they call them "stoplights" when what we need are "golights"? Traffic control should move traffic, not get in the way. It is probably somewhat true that stoplights are an admission that the area was poorly designed in the first place! ---Chas--- It's possible to disagree without being disagreeable ------------------------------------------------------------------ Charles E. Dills 1371 Avalon San Luis Obispo 9 CA 93405 charlesdills@mac.com • 805-544-1731 • httT)://www.charlies-web.com Climate, Calif-mediterranean 30-80 deg 20 inches rain in winter! ------------------------------------------------------------------ I can be forgetful. If I fail to do something I promised, tell me! H"-10 cbey C-mp IL E TCOUNCIL L?"-CDD DIR i�'GAe Crrr1 n?GP- L FIN DIR RED FILE LrA"&ftrCn11&ep'FIRE CHIEF MEETING AGENDA O'ATTORNEY ErPW DIR Elti-ERK/ORIG OIPOLICE CHF DATE I,//Lol I,//LoITEM # 0 DEPT HEADS EfREC DIR ZUTIL DIR GVHR DIR Ala)77 M6---< Cu,vcit-- C rry /K62 RECEIVE® SEP 0 12009 From: Constance DePiero [mailto:cdepiero@sbcglobal.net] Sent: Monday, August 31, 2009 8:09 PM SLO CITY CLERK To: Cano, Elaina Subject: Re: Support of Light at Madonna Rd./Pereira Drive To the San Luis Obispo City Council, I am a SLO resident and frequently do business at Laguna Village Shopping Center. I am unable to attend the Sept. 1 Council meeting but would like to voice my support of a light at Madonna Road/ Pereira Drive. Thank you for your attention in this matter. Constance DePiero 348 Corrida Drive San Luis Obispo �,t� CBP1 C�✓//�-tom Z-COUNCIL ADD DIR RED FILE n'��/N&E L�FIN DIR 2JZAe^%-7-uJm--2 Z--FIRE CHIEF - MEETING AGENDA aATTORNEY PW DIR PATE2�//-OL ITEM # - OTLERK/ORIG n POLICE CHF 011HEADS tl'REC DIR ff�'UTIL DIR 111 zm®In i AICW rMLI� «J n?62 �CGC�zK RECEIVED From: Penny Sullivan [mailto:pen nyjsul livan @yahoo.com] SEP 0 12009 Sent: Saturday, August 29, 2009 10:11 AM To: Cano, Elaina SLO CITY CLERK Subject: stop light at Pereira Dr. Atten: City Clerk, Please enclose this note in council members folders for meeting Sept. 1 and 15. My husband and I cannot attend these council meetings but would like our opinion as part of input. on this issue. We feel and addtional stop light at Madonna Rd. and Pereira Drive would be a bad choice and add the the back-up and congestion on Madonna Rd. Pedestrians need only walk 200 feet to the corner of Madonna Rd. and LOUR and cross at that comer. Cars that need a light to exit have access at Oceanair or the light across from the Costco entrance. How lazy are we getting??? Penny Sullivan and Tim Plumb 1983 Partridge Dr. SLO 93405 Ctir'11�-u— FEEIDEPTHEADS C',DD DIR DR"c<27IRE CHIEF RED FILE p'PW DIRMEETING AGENDA p POLICE CHF OIREC DIR DATE2�� ITEM #,23_ ''--� Q"UTIL DIR PN3 01HRDIR ` /✓L�cJTln/� iCpu✓GL �Crry 41ae From: Michael Sullivan (mailto:mcsgday@yahoo.com] Sent: Tuesday, September 01, 2009 8:23 AM To: Cano, Elaina; Dunsmcre, Phil Cc: Michael Sullivan Subject: Comments for SLO City Council hearing of 01 Sep 2009 re Prefumo Final EIR 01 Sep 2009 To: City of San Luis Obispo From: Michael Sullivan Attached is an MS Word 2003 document with my comments for Council hearing of 01 Sep 2009. Those comments are also in the body of this message, below. However, some of the formatting does not match (for example, for the Table 01 shown in the Word document) . Michael Sullivan 1127 Seaward St. , San Luis Obispo CA 93405 805-441-6981 mcsgday@yahoo.com »»»»» hlA'/LJ Li�Py C�'►l/4/L. RED FILE 2 COUNCIL [YCDD [)IR - MEETING AGENDA LR'FIN DIP E rAEAO�errynge 13-FIRE CHIEF DATEJITEM # LT � � ATTORNEY Cj'PW 1)119�H3 C3'CLERK/ORIG GpOLICE CHF E7 DEPT HEADS E'TREC DIP �--- 2-OTIL DIP - E�'HR DIF &�W'n07FS j t"A(t d1U' L C-Iry M6R r , Comments of Michael C. Sullivan.wr City of San Luis Obispo,CA-City Council hewing of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO.ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO.2000041062 Page 1 of 11 31 Aug 2009 To: (1) City of San Luis Obispo, CA c/o Phil Dunsmore(Planning Dept.) -pdunsmore@slocity.org (2) City of San Luis Obispo, CA c/o Ms. Elena Cano (City Clerk_) - ecano@slocity.org From: Michael C. Sullivan, 1127 Seaward St., San Luis Obispo, CA 93405 Tel. 805-441-6981 (cell) (805) 545-9614 (home) e-mail =mcsgday@yahoo.com RE: City Council hearing of 01 Sep 2009 (4 pm) Final EIR(June 2009) - PREFUMO CREEKCOMMONS PROJECT- 11980 Los Osos Valley Rd. EIR CASE NO. ER# 7-07 SCH#2008021028 Abbreviations CEQA-California Environmental Quality Act FEIR - Final Environmental Impact Report (for Prefumo Creek Commons project) LOVR- Los Osos Valley Road The proposed project must be denied because the project violates various state laws. For example, the project is inconsistent with the City's General Plan in various ways (violation of the Planning and Zoning Law); and the project fails to abide by certain requirements of the California Environmental Quality Act (CEQA). City approval of the project as it currently stands would be an abuse of discretion under state civil law. 1. Proposed project is inconsistent with the General Plan of City of San Luis Obispo: (A) Amount of dedicated open space on-site does not meet General Plan requirements. As noted by the letter from the Sierra Club (FEIR, Appendix C),the project does not conform to the General Plan Land Use element because insufficient dedicated open space is provided at the project site. The response of the EIR consultant(CONSERVE-1, at FEIR p. 436/538), in reply to the complaints of the Department of Conservation, is nonsense. For example,Froom Ranch Road (whether a temporary right-of-way or a completed roadway) is an urban use and cannot be.classified as "open space." (See General Plan glossary,definition of open space.) The City's General Plan (e.g. section 1.12.5, Open Space in General Plan as revised April 2006, as available on City website on 28 Aug 2009) requires that: ---- _ -- _b_y _._ _._ ---- E. Dalidio Area properties(generally.bounded by Highway 101, Madonna Road; and Los Osos Valley Road)shall dedicate land or easements for the approximately_one-half of each.ownership that is to be preserved as open Comments of Michael C. Sullivan toe City of San Luis Obispo,CA-City Council hearing of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO. 2000041062 Page 2 of 11 space: (Land use element 1.12.5E) The requirement(See Land use element 1.12.5E)is for dedication of open space land or easements for the approximately one-half of each ownership, which implies that the dedicated open space area applies to the project parcel site, not to some off-.site area. The rationale for this requirement was explained when the land use policies were developed in 1994 The City seeks to protect local farmland in the Dalidio area, i.e. "generally bounded by Highway 101, Madonna Road, and Los Osos Valley Road." Land Use element 1.12.5E. Please note that the project site is included in the area of prime farmland as denoted by General Plan Conservation and open space element Figure 10, Prime agricultural soils. Note that the policies for the "Madonna Gap" property(i.e., the parcel subject to this EIR) are similar to those for the adjacent Dalidio-Madonna-McBride Area as given in General Plan section 8.8: Land use element 8.8 Dalidio-Madonna-McBride Area This approximately 180-acre area of prime farm land bounded by Madonna Road, Highway 101, Central Coast Plaza, and Prefumo Creek is in three ownerships. The City intends to preserve at least one-half of this signature working agricultural landscape at the southern gateway to San Luis Obispo as it existed in 1994. (Emphasis added.) The proposed amount of dedicated open space for the Prefumo Creek Commons("Madonna Gap")project is only 35.8 %rather than the "approximately one-half' (50%) of project site area as specified in General Plan Land use element section 1.12.5E. (See Table 01,below). This proposed amount of open space (38.39 %) is significantly less than the required amount(50%). (Note that "open space" does not include urban uses such as road right-of-ways for future city roads. Please see General Plan section 6.1.2, Open space uses. Please see also General Plan glossary, definition of open space.) To approve this project with such a significant inconsistency with the General Plan would constitute an abuse of discretion under state law. City of SLO-,General Plan Glossary O_pen Space Open Space is land or water area which remains in a predominantly natural or undeveloped state, and is generally free of structures. Such lands protect and preserve the community's natural and historical resources, define the urban boundary, and provide visual and physical relief from urban development. Open spaces may consist of small portions of a parcel, such as small wilderness preservation areas, or large tracts of land. Such lands may include farming and grazing; creeks, marshes,watershed and floodplains; scenic resources; plant and animal habitat; historic and archaeological resources; and passive recreation areas. (Emphasis added) Comments of Michael C. Sullivan iur City of San Luis Obispo,CA-City Council he,aing of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO.2000041062 Page 3 of 11 Table 01 - Land use types for Prefumo Creek Commons project Land use area acres Reference (A) Regional shopping center 16.7 FEIR p. ES-1 (B) Road right of way(extension of Froom Ranch 2.3 FEIR p. ES-1 Road from LOUR) C Dedicated open sace on-site 11.9 FEIR p. ES-1 (D) Remainder=31.0- (A+B+C) =31.0 - 0.1 By calculation (16.7+2.3+11.9) ='0.1 Total project area 31.0 FEIR p. ES-1 Total pLoject area protected in on-site open sace 11.9 FEIR p. ES-1 Total on-site protected open space as percentage of = 11.9/ 31.0 =3839 % By calculation total area= Land use element 1.12.5 Open Space Each annexation shall help secure permanent protection for areas designated Open Space, and for the habitat types and wildlife corridors within the annexation area that are identified in the Conservation and Open Space Element. Policies concerning prime agricultural land shall apply when appropriate. The following standards shall apply to the indicated areas: A. Irish Hills Area properties shall dedicate land or easements covering an area in the hills at least equal to the area to be developed. (See also Hillside Planning section 6.2.6.H.) B. Margarita Area properties shall dedicate land or easements covering the hills above the elevation designated in the hillside planning section and riparian and wetlands areas as identified in the Conservation and Open Space Element. (See also Hillside Planning section 6.2.6.E.) C. Orcutt Area properties shall dedicate land or easements covering the Santa Lucia foothills and Mine Hill, as identified in the Conservation and Open Space Element. D.Airport Area properties shall secure protection for any on-site resources as identified in the Conservation and Open Space Element. These properties, to help maintain the greenbelt, shall also secure open space protection for any feasible to directly obtain protection for such land, fees in lieu of dedication shall be paid when the property is developed, to help secure the greenbelt in the area south of the City's southerly urban reserve line. E. Dalidio Area properties(generally bounded by Highway.101, Madonna Road: and Los Osos Valley.Road)shall dedicafe land or easements for the. approximately one-half of each.owne'rship that is to be.oreserved as open space. F. Foothill Annexation: The northern portion of the Foothill property, and the creek area shall be annexed as open space. Development on this site should be clustered or located near Foothill Boulevard, with the northern portion of the site and creek area preserved as open space. G. Other area properties, which are both along the urban reserve line and on hillsides, shall dedicate land or easements for about four times the area to be developed (developed area includes building lots, roads, parking and other paved areas, and setbacks required by zoning). (See also the Hillside Planning policies, Section 6.2). Comments of Michael C. Sullivan ivr City of San Luis Obispo,CA-City Council bo�mg of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO. 2000041062 Page 4 of 11 (B) Project is inconsistent with General Plan requirements related to protection of creeks. Land use element. 6.4.1 Creek and.Wetlands ManagementObjectives The City should manage its lake, creeks,wetlands,floodplains, and associated wetlands to achieve the multiple objectives of: M. Maintaining and restoring natural conditions and fish and wildlife habitat; N. Preventing loss of life and minimizing property damage from flooding; O. Providing recreational opportunities which are compatible with fish and wildlife habitat, flood protection, and use ofadjacent private properties. P. Recognizing and distinguishing between those sections of creeks and Laguna Lake which are in previously urbanized areas, such as the downtown core, and sections which are in largely natural areas.Those sections already heavily impacted by urban development and activity may be appropriate for multiple use whereas creeks and lakeshore in a more natural state shall be managed for maximized ecological value. Comment: The project would not meet objective M, "Maintaining and restoring natural conditions and fish and wildlife habitat"because the project footprint intrudes too closely into the stream area. The current design (FEIR Fig. 2.4-5)has only a 15 ft. wide vegetated filter strip to absorb runoff from large roof areas and parking areas adjacent to the creek. Also, the design uses a block retaining wall in the creek area,making the stream profile unnatural. Objective M could be met if there were a wider buffer between top of creek bank and developed areas (parking lots,buildings). The present creek "offset" is 35 feet from top of creek bank. It should be significantly wider than that. The project has too many parking spaces. These can and should be reduced in number so that extra land can be allotted to a widened creek buffer distance near the project. The FEIR states, "The project proposes to install over 800 parking spaces in order to serve the proposed development.The proposed number of parking spaces exceeds the required number of parking spaces for the proposed land uses.The project isnot likely to result in inadequate parking on or off site,however an excessive number of parking spaces will result in other site impacts that will need to be considered." (FEIR Appendices p. 22 of 332) In the FEIR, Figure 3.5-3 shows that in flood conditions most of the parking area could be flooded. Much of the proposed parking areas would be draining into Prefumo Creek, since in flood conditions not all of the runoff can be intercepted by filters or storm drains. This could have, in a cumulative way, significant biological impacts which have not been addressed. The FEIR incorrectly concludes that biological impacts would not be significant. Land use element 6.4.3 Amenities and Access New public or private developments adjacent to the lake, creeks, and wetlands must respect the natural environment and incorporate the natural features as project amenities, provided doing so does not diminish natural values. Developments along creeks should include public access across the development site to the creek and along the creek, provided that wildlife habitat, public safety, and reasonable privacy and security of the development can be maintained, consistent with the Conservation and Open Space Element Comment: The natural values of Prefiuno Creek would be diminished because of the proximity of the developed area to the creek, above-normal storm water(and potential water pollution)runoff from adjacent building roofs and parking lots, and changes in the natural condition of the creek due to installation of block retaining walls and a future bridge (Froom Way connection to Dalidio site). Although the EIR claims that the creek would be "restored" (removal of junk in creek; replanting the -1 Comments of Michael C. Sullivan tu,-City of San Luis Obispo,CA-City Council htwing of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO.ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO. 2000041062 Page 5 of 11 creek area with some native vegetation), that restoration is not a particular overriding benefit,because such restoration work should be accomplished regardless of whether the stream is left in its natural cross-sectional profile or modified as proposed. ---- -- — -- --- - Land use,element 6.4.5 Po-rou--s_Paving The - City encourages the use of porous paving to facilitate rainwater percolation. Parking lots and paved outdoor storage areas shall, where practical, use one or more of the following measures to reduce surface water runoff and aid in groundwater recharge: porous paving; ample landscaped areas which receive surface drainage and which are maintained to facilitate percolation; drainage detention basins with soils that facilitate percolation. Comment: There must be a provision for porous paving or "ample" landscaped areas or drainage basins near Pref rmo Creek. This should be done not only to avoid pollution of Prefumo Creek from runoff of automotive contaminants, (grease,oil,radiator fluid, etc)but also to allow better re- charging of the aquifer underlying these agricultural areas. That aquifer may need to be used for future irrigation or remaining agricultural lands in that vicinity. (C) Project is inconsistent with General Plan requirement for buffering between residential and commercial uses. Land Use element Policy CVT_2,2.2_Separation and Buffering Residential areas should be separated or screened from incompatible, nonresidential activities, including most commercial and manufacturing businesses, traffic arteries, the freeway, and the railroad. Residential areas should be protected from encroachment by detrimental commercial and industrial activities. The proposed project will eventually have a very busy "Froom Ranch Way" directly adjacent to existing residential areas. (FEIR Fig. 2.44). This will certainly cause extreme noise throughout the day and during evening hours in those residential areas because of traffic on Froom Ranch Way. This will be even worse when Prefumo Creek Commons is connected to the Dalidio site via Froom Ranch way. In addition,normal operation of the shopping center(deliveries,waste removal,parking lot cleaning, leaf blowers, etc) will also cause noise pollution in the residential neighborhood. There may be light pollution from overhead parking lots. The residential area is not adequately separated and buffered from the commercial use and the project fails to comply with LU 2.2.2 Separation and Buffering. The site plan shows a 6-ft wall and some trees adjacent to the residential area northwest of the site. Other than that,there is no effective buffering. This plan will not adequately prevent noise pollution. or light pollution from high overhead lamps. It would be preferable to locate the Froom Ranch Road right of way much further away from the residences. (D) Project is inconsistent with Conservation and Open Space Policy COSE 9.1.1 Preserve natural and agricultural landscapes COSE 9.1.1 "B. Any development that is permitted in natural or agricultural landscapes shall be visually subordinate to and compatible with the landscape features. Such development shall: 1.Avoid visually prominent locations such as ridgelines, and slopes Comments of Michael C. Sulhvanlor'City of San Luis Obispo,CA-City Council ht.ing of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO. 2000041062 Page 6 of 11 exceeding 20 percent. 2. Avoid unnecessary grading, vegetation removal and site lighting. 3. Incorporate building forms, architectural materials and landscaping, that respect the setting, including the historical pattern of development in similar settings, and avoid stark contrasts with its setting. 4. Preserve scenic or unique landforms, significant trees in terms of size, age, species or rarity and rock outcroppings." The current design (FEIR Fig. 2.4-5) has only a 15 ft. wide vegetated filter strip to absorb runoff from large roof areas and parking areas adjacent to the creek. Also,the design uses a block retaining wall in the creek area,making the stream profile unnatural. Future improvements, such as the bridge over Prefiuno Creek to extend a road to the Dalidio property, will also alter the natural state of the creek. However, the analysis of these potential impacts on biological resources has been improperly deferred. As mentioned above,the amount of parking for this project is excessive. Better protection of the creek area (a "scenic or unique landform'')in its natural state can be achieved by widening the buffer distance from top of creek bank in the direction of the project area so that a block retaining wall is not needed in the creek area. This can be feasibly achieved by reducing the excessive number of parking spaces and repositioning the buildings closer to LOUR and further from the creek. (E) Project is inconsistent with Conservation and Open Space element 7.7.7 - Preserve ecotones Policy 7:7:7_"Preserve Ecotones Condition or modify development approvals to ensure that"ecotones," or natural transitions along the edges of different habitat types, are preserved and enhanced because of their importance to wildlife. Natural ecotones of particular concern include those along the margins of riparian corridors, marshlands, vernal pools and oak woodlands where they transition to grasslands and other habitat types." The ecotone for Prefumo Creek is not well preserved because the offset of development from top of creek bank is only 35 feet. The existing ecotone (transition)between creek and grassland will be partly destroyed by the proposed adjacent parking lot of Prefumo Creek Commons. Also, as mentioned, the natural cross-section of the creek will be destroyed because of the installation of a proposed block retaining wall in the creek, which will alter the natural ecotone. The solution, as mentioned above, is to eliminate some of the excess parking area and shift the development footprint further away from the creek. (F) Project may be inconsistent with Conservation and Open Space element 8.6.3G - Required mitigation COSE 8.6.36_"Required.Mitigation:Any development that is allowed on a site designated as Open Space or Agriculture, or containing open-space-resources, shall be designed to minimize its impacts on open space values on the site and on neighboring land. • Hillside development shall comply with the standards of the Land Use Element, including minimization of grading for structures and access, and use of building forms, colors and landscaping that are not visually intrusive. (See also Chapter 9.21.1) • Creek corridors, wetlands, grassland communities, other valuable habitat areas, archaeological resources, agricultural land, and necessary buffers should be-within their own parcel, rather than divided among newly created parcels.Where creation of a separate.parcel is not practical, the resources shall be within an easement.The easement must clearly establish allowed uses and maintenance responsibilities in furtherance of resource protection." etc. (Emphasis added) Comments of Michael C. Sullivan iur City of San Luis Obispo,CA-City Council ht,. ing of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO.2000041062 Page 7 of 11 Has an easement or separate parcel for the open space resources (creek, agricultural land)been required? If not,this is inconsistent with the General Plan Conservation and Open Space element 8.6.3G. (G) Project is inconsistent with Conservation and Open Space element 2.2.1 - Atmospheric change. - - - ------- Conservation and Open Space element. 2.1 Atmospharic�Change "City actions shall seek to minimize undesirable climate changes and deterioration of the atmosphere's protective functions that result from the release of carbon dioxide and other substances." Because of the Class I impact on air quality(AQ-3), the project cannot satisfy the requirement of COSE element`2.2.1 -Atmospheric change. As explained in the FEIR, "Due to the size and nature of the proposed project,with respect to other projects within the City, the proposed project would be one of the top generators of greenhouse gases in the City due to additional discretionary vehicle trip and electricity usage. Issue evaluated in Section 3.3, Air Quality." (FEIR p. 3.6-7) 2. Certa*menvironmental impacts are not,properly analyzed, and some proposed mitigations defy CEQA because the mitigations are ineffective or infeasible or otherwise improper: A. Table ES-1. AQ-3. This Class I impact would add cumulatively to similar impacts from potential development on nearby sites (McBride, Dalidio) zoned for commercial use. Has such a cumulative analysis been done? (It should have been done.) By reducing the project size(i.e., the area used for commercial use),two city goals could be accomplished:. (1) Significant reduction in air pollution compared to the proposed project; (2) The project could be brought in compliance with the General Plan requirement for about 50% open space at the project site. B. Table ES-1. The project would cause Class I noise impacts. The analysis of noise impacts must include analysis of cumulative additional noise caused by project-related increases in traffic, especially along Los Osos Valley Road and Madonna Road. The potential impact of more noise from a future Froom Way connection to the Dalidio site must be addressed as a cumulative noise impact. This analysis is deficient. Possible mitigations (e.g., smaller project size) should be incorporated. C. Table ES-1. "AG-3 Development of the proposed regional shopping center would create potential land use conflicts with continued agricultural operations to the east of Prefumo Creek." Two mitigation measures are proposed but neither of them deals with the fundamental problem. The fundamental problem is not potential pedestrian use of preserved open space or agricultural areas but rather the actual loss of existing open space or agricultural areas. This loss has been unnecessarily increased because the project improperly(and illegally) ignores the General Plan requirement for 50%open space dedication at the project site. The proper mitigation for this is already incorporated in the General Plan itself, i.e. Land Use element 1.12.5E, as mentioned above, i Comments of Michael C. Sullivan 1u{City of San Luis Obispo,CA-City Council htaring of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO.2000041062 Page 8 of 11 which requires the 50%on-site open space dedication. This basic inconsistency with the General Plan makes this impact (loss of agricultural open space) significant and unavoidable. D. Table ES-1. "BIO-3 Long-tern operation of the proposed project has the potential to create significant impacts to terrestrial biological resources including sensitive and migratory species which utilize Prefumo Creek." The analysis incorrectly states, "When combined with standard regulatory measures,the inclusion of additional recommended mitigation measures would reduce project impacts to insignificance.However,the loss of wildlife dispersal and foraging areas would remain an adverse,but less than significant impact for which no mitigation is available." This analysis is clearly erroneous. Improved mitigation to protect dispersal and foraging areas is possible by increasing the amount of on-site dedicated open space area to include more of the creek area, e.g. by using wider buffers between creek (top of bank) and developed areas (parking lots, buildings). E. Table ES-1. "LU-1 The proposed project's regional shopping center component would create approximately 566 new jobs, primarily for workers of low or very-low incomes, increasing demand for affordable housing and potentially worsening the City's jobs/housing balance." This impact must be considered in relation to the cumulative impacts which would arise from commercial development of not only this project but also the adjacent Dalidio Ranch property. "MM LU-la The proposed project shall comply with the City's Inclusionary Housing Ordinance requirements(SLOMC 17.91).In addition,the project shall contribute to the City's housing in-lieu fee program to fund construction of affordable housing units off-site to reduce the project housing demand offset and meet the goals of Land Use Element Policies 1.4 and 8.7,and Housing Element Policy 3.21.1.by implementing.As an option,the applicants may choose to one or more of the following options: As an option,the applicants may choose to incorporate affordable housing units on-site,subject to the Airport Land Use Plan density restrictions. 1.Meet the Inclusionary Housing Ordinance by providing a combination of low and very-low income units instead of moderate income units. 2. Increase the total number of affordable units provided through the Inclusionary Housing Ordinance requirements, including units that meet the full range of affordability(Low,Very Low and Moderate),consistent with MM LU 1-c." MM LU-la is puzzling. The project objectives (FEIR, p. ES-3) do not list affordable housing units as an objective. The project description (FEIR,p. ES-4) does not mention affordable housing units. Yet the fuzzy assumption seems to be that somehow some affordable housing might get built. MM LU-1 a is obviously an improper "mitigation," for the following reasons: (a) In spite of the cursory discussion in FEIR section 6 (alternatives), it is apparently still not known how many(or even if)housing units would be allowed at the Prefumo Creek Commons under the Airport Land Use Plan, or under CalTrans requirements. Therefore the feasibility of the mitigation (new housing units) is unknown. This information must be provided somewhere in the FEIR so the feasibility of the proposed mitigation measures (i.e., on-site housing) can be properly understood. Figure 7 (Airport hazards) of FEIR shows that project site is almost entirely within the airport hazard zone known as S-1 B: 1 Comments of Michael C. Sullivan.,,r City of San Luis Obispo,CA-City Council h.,,.ring of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO.2000041062 Page 9 of 11 S-IB Areas within gliding distance of prescribed flight paths for aircraft operations at less than 500 feet above ground level,plus sideline safety areas, and inner turning zones and outer safety zones for each runway Before the feasibility of MM LU-1 a can be known, it must be determined from the Airport Land Use Commission or Airport Land Use Plan whether housing may be built at this site and if so how much. (b) The wording in the first sentence of the mitigation measure (comply with City's Inclusionary Housing Ordinance)becomes moot if the on-site housing is infeasible. (c) There is no specific dollar amount suggested for contribution to the City's housing in-lieu fee program to fund construction of affordable housing units, so this action's potential effectiveness is completely unknown. Two of the proposed mitigation measures do essentially nothing significant to reduce the imbalance in jobs and housing. MM LU-lb and MM LU-lc are completely ineffective: "MM LU-lb The applicant shall submit to the City an employee survey/study,including information such as where employees lived prior to hire and where employees have relocated since hire,in order to provide the City with data on impacts associated with in-migration for larger commercial projects." MM LU-lb provides only a survey which does nothing to create housing. This measure is presumably to be implemented after project completion, after the impacts of this project(imbalance in jobs and housing) are already existing. How can a survey possibly contribute to any real mitigation for this project? It can't. "MM LU-lc The applicant should work with the City to determine whether on-site housing would be feasible to help offset project-related increased demand for affordable housing. If provision of on-site housing is not feasible,the applicant should work with the City to negotiate additional exaction of fees paid to the City Housing Authority and/or an acceptable local private nonprofit housing provider sufficient to offset project-related increased demand for affordable housing." MM LU-1 c is unclear(Who would pay the extra fees to the Housing Authority?), and is unenforceable ("should" rather than "shall"). This measure is presumably to be implemented after project approval when the feasibility of adding any more housing units in the project design would be nil. F. "NO-2 Long-term noise impacts from traffic associated with the project could result in the exceedance of thresholds in the City of San Luis Obispo, General Plan Noise Element and Noise Guidebook." The discussion under "Residual impacts" for noise shows that the proposed mitigation measure MM NO-2 is infeasible(sound barrier on LOUR) or ineffective(trip reduction).- Cumulative impacts of increased noise are not addressed,but should be. As mentioned above, the environmental analysis improperly ignores the potential cumulative impact from the much-increased on-site traffic noise once the Froom Way connection to the Dalidio site(future regional shopping center) is completed. G. "TT-1 The proposed project would potentially cause LOS at the LOVR/Madonna Road intersection to deteriorate from acceptable to unacceptable levels during the P.M. peak hour." Comments of Michael C. Sullivan tur City of San Luis Obispo,CA-City Council how mg of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO.2000041062 Page 10 of 11 The TT-1 "Residual impacts" analysis states that it would be infeasible to reduce the project size, arguing that "...the proposed project would need to be reduced in sue by at least 28,000 sf in order to reduce project generated traffic sufficiently to avoid significant impacts to this intersection. Such a reduction in project size would require elimination of Anchor C and/or the equivalent reduction in square footage throughout the project." However, it is NOT infeasible to reduce the project size by 28,000 square feet. By reducing the project size throughout the project (but still keeping Anchor C,perhaps in the same or slightly smaller floor area, or perhaps by slightly reducing the floor area of Anchor E) it would be possible to significantly reduce various impacts in several key areas; 1. Traffic impacts along LOUR(and Madonna Road and US 101 at LOVR) 2. Biological impacts at Prefumo Creek 3. Noise impacts along LOVR (and.Madonna Road) 4. Inconsistency of proposed project with General Plan (This project only provides 38.39 %of site area as dedicated open space versus 50 %of site area required as dedicated open space according to General Plan) 5. Jobs/housing imbalance 6. Air quality impacts 3. Cumulative iimpacts analysis in this FEIR is improper under CEQA Under CEQA, reasonably foreseeable projects near the proposed project must be included in cumulative impacts. An EIR's cumulative impacts discussion should encompass "past,present and probable future projects.." CEQA Guidelines 15130(b)(1)(A); 15355. The shopping center planned for the adjacent site is one of those "probable future projects." In August 2009 the California Court of Appeal overturned the lawsuit against the County which sought to void the "Dalidio Ranch Initiative" (County Measure J) of 2006 which approved the shopping mall project at the Dalidio site. Thus, Measure J was upheld and therefore it is highly likely that the Dalidio Ranch project can go forward under County jurisdiction. Even if the Dalidio project does not proceed under County jurisdiction, it is likely that it can and will proceed through annexation to the City of San Luis Obispo. Furthermore, the FEIR states, "Development of much of the northern portion of one adjacent property,the Dalidio Ranch, has long been proposed...." (FEIR p. 3.3-2). The Dalidio project, a large regional shopping center on a 131 acre site, would have enormous traffics related to traffic, air quality, noise, etc., as already indicated in the earlier EIR for the "Dalidio Marketplace".project which had been presented (circa 2004)to the City of San Luis Obispo. The Prefumo Creek Commons project is anticipated to eventually include a bridge across Prefumo Creek, connecting Prefumo Creek Commons to the Dalidio site.: "...a bridge would be constructed over Prefumo Creek in the future to provide access to and from the Dalidio property to the east, should the property to the east be developed." (FEIR, P. 2-1). The FEIR states, "Impacts associated. with constructing this bridge, including traffic and circulation and biology, are not included as part of this Environmental Impact Report(EIR) and will require additional review when properties are Comments of Michael C. Sullivan torCity of San Luis Obispo,CA-City Council hearing of 01 Sep 2009 Final EIR-PREFUMO CREEK COMMONS PROJECT-EIR CASE NO. ER#7-07-SCH#2008021028 STATE CLEARINGHOUSE NO.2000041062 Page 11 of 11 developed to the east of the project site in the future." (FEIR,p. 2-1) It is improper under CEQA to defer such analyses. The contributions to cumulative impacts arising from the bridge connection to the proposed Dalidio shopping center site are potentially large. For example, the amount of traffic entering and leaving the Prefumo Creek Commons project area would greatly increase with the addition of the Dalidio project(regional shopping center) and the bridge connecting the Dalidio site to the Prefu no Creek Commons site. The cumulative biological impacts on Prefumo Creek could also be increased with the addition of the Dalidio project. These and other cumulative impacts (e.g. noise) caused by the future bridge connection must be included in the FEIR. Failure to do so means that this FEIR is legally deficient. 4. Statement of Overriding Considerations is not justified: Various significant Class I impacts (permanent environmental problems which do not have adequate mitigations) exist because of the presently-proposed project. One of the worst of these problems will be the traffic snarls at the US 101 /Los Osos Valley Road intersection. The FEIR does not appear to provide sufficient information about the adequacy of the project's contribution to LOVR/101 intersection construction(as related to the present project) and Prado Road/ 101 construction(as needed for the future Dalidio project). The jobs/housing balance, as argued above, will, because of this project,become increasingly unbalanced,because the mitigation offered will be ineffective and/or infeasible. And, the project is inconsistent with the General Plan in various ways, as noted. The most egregious General Plan inconsistency is the failure to provide the required 50% dedication of on-site open space. In addition, many of the Class I impacts can and should be significantly reduced by reducing the site's development footprint. This can best be accomplished by reducing the number of parking spaces; slightly reducing the area of the two larger retail stores; and increasing the setback distance from the Prefiuno Creek top of bank from 50 ft. total to a greater distance which will provide better protections of the creek biota and which could better protect from flooding at the project site. In order to comply with the law and good planning standards, the City should deny the present application for the Prefumo Creek Commons project until these matters can be properly addressed and corrected. Michael C. Sullivan RECEIVED Centurion Private Security SEP 01 2009 �l 895 Napa Ave., Suite A-3 SLO CITY CLERK . / Morro Bay, CA 93442-1663 �' (805)464-9640 30 August, 2009 To the honorable members of the San Luis Obispo City Council, Over the last several months I have watched with great interest the discussions surrounding the proposed development known as Prefumo Creek Commons; on Los Osos Valley Road. Over the course of the last year Centurion Private Security has provided security services for the Irish Hills Shopping Center, in addition to other retail and business facilities in the City of San Luis Obispo as well as other local cities. In providing these services at the Irish Hills center we can attest to the fact that the center does not enable disturbing or threatening behavior that could be a nuisance for the adjacent neighborhoods. The Irish Hills center has a track record of hiring sufficient security staff to keep the facility clean and safe for the customers who shop there, as well as the nearby neighborhood. Due to this example,we can confidently predict that the future Prefumo Creek Commons development will not pose a safety or nuisance risk to the nearby neighborhood. Another important aspect of this project is that it creates important jobs. Our security company provides jobs and decent wages to people in the City and the County.Services provided to a shopping center like Prefumo Creek Commons will result in approximately 500 jobs for local residents. This number takes into consideration the development of a Target store and does not account for jobs related to additional shops, restaurants, construction, maintenance,or other jobs related to the operation of a shopping center. While I cannot speak for Target Corporation; I have attached some statistics that I believe will attest to their good neighbor characteristics.Target Corporation has a strong history of supporting the communities where they are active and have provided the public with a cost effective shopping experience. It is our belief that the addition of in excess of 500 above average income level jobs,cost effective merchandise,and increased city tax revenue (especially given the current state of our economy)are all reasons to support this development. It is with this in mind that I am writing this letter asking you,the members of the San Luis Obispo City Council,to support this development taking place. /- scop 6-MA,< RED FILE ET-COUNCIL Z'-CDD DIR Respectfully, MEETING AGENDA aeACrCefyItG2 a—FIN DIR 1rA6fl9As5rc 1k,-eQZFIRECHIEF r D ITEM # P#3 ATTORNEY (a'PW DIR C O'CLERK/ORIG 2-POLICE CHF / ❑ DET @A08 pEC Dip nc J. Morgan M-LJTIL DIR Owner, Centurion Private Security e"HR DIR Cal. Lic#: PPO 16095 ' /I�t✓rintES _ CBuuc.�� i Crry vKc2 TARGET CORPORATION General/Tar¢et Market Information: On March 4, 2009,Target expanded outside of the continental United States for the fust time. Two stores were opened simultaneously on the island of Oahu in Hawaii, along with two stores in Alaska. Despite the economic downturn,media reports indicated sizable crowds and brisk sales. Target stores do not sell firearms. In the early 1990s, they stopped selling toy guns that looked realistic and limited its toy gun selection to ones that were brightly colored and oddly shaped. They do not sell tobacco products and have not sold cigarettes since 1996. Target refers to itself as a "discount department store" instead of just a discount store. Target does not play any music in their stores. It also does not promote items or services through its public address system. Target designs its stores to be more attractive than Wal-Mart and other large box-department stores by having wider aisles, drop ceilings, a more attractive presentation of merchandise and generally cleaner fixtures. In addition, special attention is given to the design of the store environment: Graphics reinforce Target's advertising imagery and shelves are dressed with contemporary signage,backdrops and liners, often printed on inexpensive material such as paper, corrugated and foam boards. Target stores tend to attract younger and more educated and affluent customers than its competitors. Currently,the median Target shopper is 41 years old,which is the youngest of all major discount retailers that Target competes directly against. The median household income of Target's customer base is roughly $63,000 USD. Roughly 76% of Target customers are female,and more than 45% have children at home.About 80% have attended college and 48% have completed college. Ninety-seven percent of American consumers recognize the Target Bullseye logo. Target sells more gift cards than any other retailer in the United States and is one of the top sellers,by dollars and units,in the world.The unique designs of their cards contribute to their higher sales, as well as Target's policy of no expiration dates or service fees. Philanthropic Information: Target Corporation is consistently ranked as one of the most philanthropic companies in the country.It ranked#11 in Fortune Magazine's "Top 20 Most Admired Companies" for 2007, largely in part to the donation efforts of the company as a whole. According to a November 2005 Forbes article, it ranked as the highest cash-giving company in America in percentage of income given (2.1%).Target donates around 5 percent of its pre-tax operating profit; it gives over$3 million a week (up from$2 million in years prior) to the communities in which it operates. It also gives a percentage of charges from its Target Visa to schools designated by the cardholders. To date,Target has given over$150 million to schools across the United States through this program. Target's corporate by-laws state it must give 5 percent of its pre-tax profits to charity. Further evidence of Target's philanthropy can be found in the Target House complex in Memphis,Tennessee,a long-term housing solution for families of patients at the city's St.Jude Children's Research Hospital.The corporation led the way with more than $27 million in donations,which made available 96 fully furnished apartments for families needing to stay at St.Jude over 90 days. Target has a standard no-solicitation rule at its properties, as it seeks to provide a "distraction- free shopping experience for its guests." Exemptions to this policy were previously made for the Salvation Army red kettles and bell-ringers outside Target stores during the holidays through Christmas. In 2004, however,Target asked the organization to explore alternate methods to partner with Target. Target donates to local Salvation Army chapters through its grant program and annually to the United Way of America (the Salvation Army is a member of the United Way coalition). In 2005,Target and the Salvation Army created a joint effort called "The Target/Salvation Army Wish List," where online shoppers could donate goods to the organization for Hurricane victims by buying them directly from Target.com between November 25, 2005, and January 25, 2006. In 2006, they created another joint effort called "The Target/Salvation Army Angel Giving Tree," which is an online version of the Salvation Army's Angel Tree program; in addition to donating proceeds made from the sales of limited edition Harvey Lewis angel ornaments within Target's stores. During the Thanksgiving holiday of 2006, Target and the Salvation Army partnered with magician David Blaine to send several families on a shopping spree the morning of Black Friday. The challenge held that if Blaine could successfully work his way out of a spinning gyroscope by the morning of Black Friday, then several families would receive$500 shopping certificates. The challenge was completed successfully by Blaine. During disasters,Target has been a major benefactor for relief efforts.Target provided monetary and product donations during the September 11 attacks; it also donated money for relief efforts for the 2004 tsunami in South Asia and donated $1.5 million (U.S.) to the American Red Cross in the aftermath of Hurricane Katrina in 2005. It also allowed its store properties in the affected area to be used as command centers for relief organizations. It also donated supplies such as water and bug spray. Besides these major disasters, Target also regularly lends support to disasters that are not as well known or only affect a regional area Environmental Record: Target Corporation agreed to reduce their sales on all materials containing polyvinyl chloride (PVC). Testers found toxic lead and phthalates and large amounts of PVC in toys, lunchboxes, baby bibs,jewelry, garden hoses, mini blinds, Christmas trees, and electronics. Several studies have shown that chemicals in vinyl chloride can cause serious health problems for children and adults. The University of Illinois Medical Center in Chicago states that people who use products containing PVC can become exposed with harmful toxic phthalates and lead, which eventually can become a big contributor with dioxins. Lois Gibbs, executive director of the Center for Health, Environment and Justice stated, "Target is doing the right thing by moving away from PVC and switching to safer alternatives." Other companies reducing the PVC on their shelves include Wal-Mart, Microsoft,Johnson & Johnson,Nike, and Apple. Target stores have been taking environmental measures by reusing materials within their stores and recycling certain products like broken hangers, cardboard, rechargeable batteries, etc. Target is beginning to reduce energy use with energy-efficient storefronts, and reducing waste with recycling programs. Target released a 13-page report in 2007 that outlined their current and future plans for becoming more earth-friendly according to LEED. Such efforts include installing sand filtration systems for the store's wastewater. Recycling programs will be aimed at garment hangers, corrugated cardboard,electronics,shopping carts, shrink wrap,construction wastes, carpeting and ceiling tiles and roofing materials. All stores in Oklahoma will be partnered with Oklahoma Gas & Electric to exclusively use wind power for all Target stores in order to reduce Carbon emissions. Stores nationwide use only LED and fluorescent lights and low- flow restrooms that reduce waste water by 30%. Some Target stores are installing roof gardens or green roofs, which absorb storm water and cut down on surface runoff, mitigate temperature fluctuations and provide habitats for birds. There are currently four green-roof Target stores in Chicago. Target carries over 700 organic and alternative products from brands such as Archer Farms,Burt's Bees,and Method Products. They also sell clothes made from organic cotton, non-toxic cleaners, low-energy lighting and electronics, non-toxic and non-animal tested cosmetics,and furniture made from recycled materials.As of June 2007,Target has been offering reusable shopping bags as an alternative to disposable plastic bags.Target gift cards are made from corn-based resins.All of the stores' packaging is done with a modified paperboard/clamshell option and has goals for phasing out plastic wrap completely[721 In collaboration with MBH Architects, Target's first "green" building was a 100,000+ square foot Target store built in 1995 in Fullerton, California. It was a part of the EPA Energy Star Showcase for its use of skylights that cut the original energy consumption by 24% with a 5-year payback. Target and MBH Architects were awarded the "Green Lights Partner/Ally of the Year Award". Target is the only national retailer employing a Garment Hanger reuse program,which keeps millions of pounds of metal and plastic out of landfills. In 2007,this program prevented 434 million hangers from entering landfills. Criminal Forensics Labs: In 2006, The Washington Post revealed that Target is operating two sophisticated criminal forensics laboratories, one at its headquarters and the other in Las Vegas. Originally,the lab was created as an internal need for the company to investigate instances of theft and fraud and other criminal actions that have occurred on its own properties. Eventually, the company began offering pro bono services to law enforcement agencies across the country.Target's Forensic Services has assisted agencies at all levels of government,including federal agencies such as the United States Secret Service,Bureau of Alcohol,Tobacco and Firearms and the Federal Bureau of Investigation. The labs have become such a popular resource for law enforcement that Target has had to restrict its assistance to violent felonies. Emplovee/Contractor Diversity: Target defines diversity as individuality. The company states this individuality may include a wide spectrum of attributes such as personal style, age, race, gender, ethnicity, sexual orientation, language, physical ability, religion, family, citizenship status, socio-economic circumstances, education and life experiences. The Target employee diversity program is called "The Strength of Many. The Power of One." It specifically seeks to work with vendors and contractors that are owned by minorities or women. Target has long extended domestic- partner benefits to straight,gay,and lesbian employees. It has received an 86 on the Human Rights Campaign Corporate Equality Index Score. In addition,Target Corporation was named one of the "100 Best Companies for Working Mothers" in 2004 by Working Mother. Team Sponsorships: Target owns the naming rights to the Target Center and the forthcoming Target Field in Minneapolis. It also sponsors the NASCAR and is a long-time sponsor of the Indy Car racing teams of Chip Ganassi Racing. In the 2002 and 2003 NASCAR seasons, the#41 Chip Ganassi Target car was driven by Jimmy Spencer; for the 2004 season and 2005 seasons, Casey Mears drove the car. In 2006, Reed Sorenson took over the#41 when Mears moved to a different Chip Ganassi car on the same team. Sorenson drove the car through the 2008 season and Target has also had some major sponsorship time on the Ganassi Racing#40 car with Dario Franchitti and Jeremy Mayfield who subbed for the injured Franchitti. The 40 team has since been shut down. For 2009, the Target sponsorship moved to the#42 driven by Juan Pablo Montoya with the newly formed Earnhardt Ganassi Racing. Target also sponsors Earnhardt Ganassi Racing's#8 car driven by Aric Almirola, which it co-sponsors in some races with other sponsors such as Guitar Hero and Tom-tom. Target Corporation is also a major sponsor of the annual Minneapolis Aquatennial, where it hosts the Target Fireworks Show. It is the largest annual fireworks show west of the Mississippi River, and the fourth largest annual fireworks show in the United States. Target also sponsors the Museum of Modem Art in Manhattan, New York. It hosts Target Free Friday Nights, providing to all visitors free admission to the museum during Fridays after 4 p.m. The company also hosts Target First Saturdays at the Brooklyn Museum. A similar Target- sponsored program at the Los Angeles County Museum of Art called "Free after Five" provides free admission in the evening throughout the week. Tuesdays are free at the Museum of Contemporary Art in Chicago, Illinois, courtesy of Target. In its hometown of Minneapolis, Target sponsors the Target Free Thursday Nights at the Walker Art Center, where admission is free after 4 p.m. as well as in its sister-city Saint Paul hosting "Target Third Free Sundays" at the Minnesota Children's Museum. In Boston, Massachusetts, Target sponsors $1 Friday Nights at Boston Children's Museum from 5:00 -9:00 p.m. Target has been the presenting sponsor of the annual Los Angeles Times Festival of Books on the campus of UCLA. Its children stage provided entertainment for children of all ages. The 2009 festival has included Hip Hop Harry, Alonzo Mourning, Henry Winkler, Brooke Shields, and many others. Bullseye was also there. It is the founding sponsor of the Weekend America radio program. Target often supports major awards shows such as the Oscars,Emmys, Grammys,and the Golden Globes.In the past, it has participated in the Tournament of Roses Parade with a corporate float. All information provided in this document was researched using public records and information publicly available through various web search engines and is solely used in an effort to educate individuals on issues concerning Target Corporation and its various holdings. This information is not intended as a sole source and is not intended to be used for individual gain.Much of this information can be found on the Target Corporation web site as well as www.wikianswers.com wn - councjl memomnbum DATE: August 31, 2009 TO: City Council VIA: Ken Hampian, CM d-4- FROM: Phil Dunmore, Associate Planner SUBJECT: Prefiuno Creek Commons-PH#3, Council Meeting September 1, 2009 Staff has revised Resolution A and split the resolution into two separate documents, one accommodating the PC recommendation (Al) and the other accommodating the staff recommendation(A2). See the attached revisions. Please call Phil Dunsmore at extension #7522 (781-7522) or Doug Davidson at extension#7177 (781-7177) if you have any questions. RED FILE — C�'COUNCIL Q'CDD DIR • — MEETING AGENDA �� � c C3'FIN DIR DATE 9 o ITEM # a3 ATTORNEy �SIRE CHIEF e`CLERK/ORIG O`PW DIR O DEPT EADS POLICE CHF SEC DIR ®'U17L bIR OIR nXzv r�ryES �e-ou A.) �Cc-Lrt� Resolution "A 1" RESOLUTION NO. (2009 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO THE CITY COUNCIL CERTIFYING THE FINAL EIR FOR PROPERTY LOCATED AT 11980 LOS OSOS VALLEY ROAD (APPLICATION # ER 7-07) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 22 2009, for the purpose of considering the Final EIR for the Prefumo Creek Commons Project; and WHEREAS, said public hearing was for the purpose of formulating and forwarding a recommendation to the City Council of the City of San Luis Obispo regarding the Final EIR; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 1, 2009 for the purpose of considering Application ER 7-07; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Project Final EIR which includes the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff,presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the City Council makes the following findings: Findings 1. The Final EIR was prepared in compliance with the California Environmental Quality Act(CEQA) and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. For each significant effect identified in the EIR under the categories of Aesthetics and Visual Resources, Agricultural Resources, Biological Resources, Hydrology and Water Quality, Land Use and Planning, Transportation and Traffic, Utilities and Public Services the approved mitigation measures contained in the EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. Resolution No. [ ] Resolution A-1 Page 2 4. The significant effects identified in the Air Quality,Noise and Cumulative sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all the identified mitigation measures included in the EIR. However, the City Council finds that the adverse environmental effects are acceptable and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because: a. Mitigation strategies are identified in the Final EIR help to reduce project emissions and ultimately put the air basin in closer compliance with established State and federal standards and may provide housing near retail, services and recreational areas.. b. Significant changes to noise and air quality are inherent to the project due to the scale of the project and can not be reduced by changing the design or location of the project. c. The unavoidable adverse impact of construction noise is temporary in nature and can be substantially mitigated by implementation of a construction management plan that regulates the hours of construction, noise reduction measures, and a complaint resolution process, consistent with recommended mitigation measures. d. The Cumulative impacts addressed in the EIR include mitigation measures designed to improve traffic, air quality and area flooding and future projects that may add to the cumulative impacts will provide additional mitigation. The EIR summarizes that when combined, these projects may result in significant impacts to Air Quality, Noise, and Transportation. A series of mitigation measures to reduce these impacts have been included in the EIR. The City may choose to set up an assessment to contribute to these future impacts or determine that they be triggered as additional projects move forward such as the Dalidio project or the Chevron project on Tank Farm Road. 5. The City has identified the following overriding economic, social, and other public benefits of the project, which are additional reasons that the significant and unavoidable impacts identified in the Final EIR can be found acceptable, and hereby adopts them as a statement of overriding considerations: a. In conformance with the City's General Plan policies and community goals, the project will provide for additional retail opportunities within the City's urban reserve area while providing for jobs and necessary services. b. The project will provide expansion space for existing businesses and opportunities for new businesses to locate in the City by creating new retail, restaurant and office space which will further the General Plan Land Use Element goals; c. The project will provide expansion space for existing businesses and opportunities for new businesses to locate in the City by creating new retail, restaurant and office space which produce additional sales tax revenues for the City that the City can use to provide services to the community. It is anticipated that the largest tenant in the project will generate approximately $550,000 additional annual sales tax revenue; Resolution No. [ ] Resolution A-1 Page 3 d. The project will provide for a significant expansion to the City's open space reserve, with the intent of securing open space for agricultural use on land that is contiguous to other such open space areas. e. As conditioned, the project will provide the potential for multi-family housing on the site which would result in a significant addition to the City's higher density housing stock. 6. The General Plan Land Use Element EIR prepared in 1994 adopted an overriding consideration for potential noise impacts that may occur from increased traffic due to development of this vicinity as a regional serving commercial site. 7. The EIR has concluded that the project will result in significant impacts to global climate change due to the emission of greenhouse gas emissions. Although the project includes mitigation measures that are intended to reduce the emissions to less than significant levels, the lack of a threshold for"significant impacts" and the inability to quantify the mitigation results in an inability to determine satisfactory mitigation. Therefore, the EIR concludes that these impacts are less than significant following mitigation and the adoption of an overriding consideration for this impact is not warranted. 8. The approximately 3.5 acre interim open space area reserved for housing on the site is likely to offset potential impacts to the balance of jobs to housing. Section 2. Certification. The City Council does hereby certify the Final EIR for the project with all mitigation measures as amended in attached Exhibit A. Resolution No. [ ] Resolution A-1 Page 4 On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of ,2009. Mayor David F. Romero ATTEST: Elaina Caino, Interim City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney GACD-PLAN\Pdunsmore\Special PmjectsTrdu no Creek Commons\EIRTinal EIR\Council Reso A.doc Resolution "A 2" RESOLUTION NO. (2009 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO THE CITY COUNCIL CERTIFYING THE FINAL EIR FOR PROPERTY LOCATED AT 11980 LOS OSOS VALLEY ROAD (APPLICATION # ER 7-07) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 22 2009, for the purpose of considering the Final EIR for the Prefwno Creek Commons Project; and WHEREAS, said public hearing was for the purpose of formulating and forwarding a recommendation to the City Council of the City of San Luis Obispo regarding the Final EIR; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 1, 2009 for the purpose of considering Application ER 7-07; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Project Final EIR which includes the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff,presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the City Council makes the following findings: Findings 1. The Final EIR was prepared in compliance with the California Environmental Quality Act(CEQA) and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. For each significant effect identified in the EIR under the categories of Aesthetics and Visual Resources, Agricultural Resources, Biological Resources, Hydrology and Water Quality, Land Use and Planning, Transportation and Traffic, Utilities and Public Services the approved mitigation measures contained in the EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. \u Resolution No. [ ] Resolution A-2 Page 2 4. The significant effects identified in the Air Quality, Noise and Cumulative sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all the identified mitigation measures included in the EIR. However, the City Council finds that the adverse environmental effects are acceptable and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because: a. Mitigation strategies are identified in the Final EIR help to reduce project emissions and ultimately put the air basin in closer compliance with established State and federal standards and may provide housing near retail, services and recreational areas. b. Significant changes to noise and air quality are inherent to the project due to the scale of the project and can not be reduced by changing the design or location of the project. c. The unavoidable adverse impact of construction noise is temporary in nature and can be substantially mitigated by implementation of a construction management plan that regulates the hours of construction, noise reduction measures, and a complaint resolution process, consistent with recommended mitigation measures. d. The Cumulative impacts addressed in the EIR include mitigation measures designed to improve traffic, air quality and area flooding and future projects that may add to the cumulative impacts will provide additional mitigation. The EIR summarizes that when combined, these projects may result in significant impacts to Air Quality, Noise, and Transportation. A series of mitigation measures to reduce these impacts have been included in the EIR. The City may choose to set up an assessment to contribute to these future impacts or determine that they be triggered as additional projects move forward such as the Dalidio project or the Chevron project on Tank Farm Road. 5. The City has identified the following overriding economic, social, and other public benefits of the project, which are additional reasons that the significant and unavoidable impacts identified in the Final EIR can be found acceptable, and hereby adopts them as a statement of overriding considerations: a. In conformance with the City's General Plan policies and community goals, the project will provide for additional retail opportunities within the City's urban reserve area while providing for jobs and necessary services. b. The project will provide expansion space for existing businesses and opportunities for new businesses to locate in the City by creating new retail, restaurant and office space which will further the General Plan Land Use Element goals; c. The project will provide expansion space for existing businesses and opportunities for new businesses to locate in the City by creating new retail, restaurant and office space which produce additional sales tax revenues for the City that the City can use to provide services to the community. If is anticipated that the largest tenant in the project will generate approximately $550,000 additional annual sales tax revenue; i � I Resolution No. [ ] Resolution A-2 Page 3 d. The project will provide for a significant expansion to the City's open space reserve, with the intent of securing open space for agricultural use on land that is contiguous to other such open space areas. 6. The General Plan Land Use Element EIR prepared in 1994 adopted an overriding consideration for potential noise impacts that may occur from increased traffic due to development of this vicinity as a regional serving commercial site. 7. The EIR has concluded that the project will result in significant impacts to global climate change due to the emission of greenhouse gas emissions. Although the project includes mitigation measures that are intended to reduce the emissions to less than significant levels, the lack of a threshold for"significant impacts" and the inability to quantify the mitigation results in an inability to determine satisfactory mitigation. Therefore, the EIR concludes that these impacts are less than significant following mitigation and the adoption of an overriding consideration for this impact is not warranted. Section 2. Certification. The City Council does hereby certify the Final EIR for the project with all mitigation measures as amended in attached Exhibit A. On motion of , seconded by , and on the following roll call vote: Resolution No. [ ] Resolution A-2 Page 4 AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of ,2009. Mayor David F. Romero ATTEST: Elaina Caino, Interim City Clerk APPROVED AS TO FORM: Jona an Lowell, City Attorney GAMPLAWdunsmore\Special ProjectsTrefumo Creek Commons\EIRTinal EIR\Council Reso A.doc RECEIVED SEP 01 2009 SLO CITY CLERK �oT TT'T R R FXFYUND Honorable members of the San Luis Obispo City Council, After careful consideration the Security Officer Relief Fund's Board of Directors have determined to express our support for the development known as Prefumo Creek Commons.The Security Officer Relief Fund is currently seeking nonprofit status in support of our mission to offer zero interest loans and grants to Security Professionals in need of assistance.As an organization that takes an active interest in the issues that directly affect our membership we believe that it is vitally important to make our collective voices heard when considering projects that hold the promise of providing additional employment opportunities for our members. Given the current state of our economy,the promise of above average income level jobs,the increase in tax revenue,and the promise of affordable shopping for all members of the public, it is our belief that the positive aspects of this development are quite obvious. We,the members of the Security Officer Relief Fund Board of Directors, categorically support the development of Prefumo Creek Commons and request that the members of the San Luis Obispo City Council recognize the value of this development project and lend their support to its coming to fruition. Very Respectfully, Keoni Delacruz Vice President,Security Officer Relief Fund By Direction Security Officer Relief Fund 461 Hillview Street Morro Bay,CA 93442 MARD apy C'I"C0U. FNEY CrCDD DIRit SIN DIRRED FILE RAeAe11r.Q-p'FIRE CHIEFEff ATTO (3"PW DIRMEETING AGENDA I�CLERp'POLICE CHF DATEJAAj- ITEM #�Ef3 DEPT HEADS C3'�iEC DIR :. Dy COIL DIR HR D.11 lf C t(4 /46/L From: Donalda [mailto:donaida@rossetticompany.com] RECEIVED Sent: Tuesday, September 01, 2009 11:54 AM SEP O 1 2009 To: Dunsmore, Phil Cc: 'John Rossetti' SLO CITY CLERK Subject: Prefumo Creek Commons Dear Mr.Dunmore, John Rossetti asked that I e-mail the attached letter to you and convey his appreciation. Thank you, Donalda Tucker Assistant to John Rossetti I E?C0CIL [OTGAaC/7_f Ai�L 9 DIR RIR RED FILE ff_ACAOiaT MEETING AGENDA �3n�s2?WPW CHIEF ffATTORNEY p�PW DIR f3 CLERK/ORIG ZI-POLICE CHF DATE ITEM # o DEPT HEADS r5-REC DIR u 2`UTIL- DIR g �WR L71F1 e�ni2 � C cel ROSSETTI COMPANY COMMERCIAL REAL ESTATE 1301 Chorro Street San Luis September 1, 2009 805 544.03900 bkpo tel 93401 805.544.3922 fax San Luis Obispo City Council 990 Palm Street San Luis Obispo, CA 93401 Sent via email to pdunsmore(c_Dslocity.orcl Re: Project Review Prefumo Creek Commons San Luis Obispo, California Dear Mayor and Members of the Council, I have been an active member of the business community in San Luis Obispo for approximately 32 years. I own and operate Rossetti Company, a Commercial Real Estate Company, and my field of expertise is in our local commercial real estate market. As a broker, shopping center manager, and developer, it is not often that I voice an opinion on other's projects; however, in this instance, I feel compelled to do so. I have no involvement in this project; however, I feel this project is one that benefits the city in many ways. It puts little strain on the city's infrastructure that it is not designed or required to accommodate. Its location seems very logical, appropriate, and not out of place. It provides sales tax revenue, both from on-site sources and from keeping shoppers from leaving town to shop. Lastly, it provides the people of San Luis Obispo with a service that they want. You may hear from residential neighbors, which is understandable, and for you to consider. You may also hear from neighboring commercial developments. For the most pail these are self-serving complaints and should be seen as such. I appreciate your taking the time to review this project and the many others that come before you. Sincerely, a)6",-- John Rossetti President/Broker J R/dt Mamoor at - ,i .=-.t, Council of Shopping006( �( Conlon; RECEIVED From: Kerry and Kent Taylor [mailto:kkpt3@sbcglobal.net] SEP 01 1009 Sent:Tue 9/1/2009 11:57 AM To: Council, SloCity SLO CITY CLERK Cc: 'Kerry and Kent Taylor' Subject: Target Project Dear Mayor and Council Members, The loss of class 1 soils is enough in my mind to deny the Target project proposed for Los Osos Valley Road. The worsening of the traffic at the 101 interchange is another. The lack of a demonstrated need for more retail in the city is yet another reason to deny it. However, if, as it seems, there is a majority inclined to approve the project, I hope you will delay such action until the new project's traffic impact on Los Osos Valley Road and the Madonna Road intersection is fully analyzed and negative impacts mitigated. I live less than a mile from the LOVR/Madonna intersection and it already takes several minutes to get through it. It is only logical that the Target project will make the situation worse. I don't know if the stop light requested by the owners of the Laguna Shopping Center will help with the problem or make it worse. Approval of the Target project should be delayed until an appropriate traffic solution is identified and funded. Thank you for considering my views. Kent M.Taylor 1295 Descanso St. San Luis Obispo, CA 93405 805-594-1559 kkpt3@sbcglobal.net E'-COUNCIL 1?CDD DIR � -�*41,04- L7FIN DIR A-8;'-cw7r46d2rFIRE CHIEF L7f�TTORNEY 2"PW DIR RED FILE Q CLERK/091G C':�POLICE CHF MEETING AGENDA C 0 DEPT HEADS C'�REC DIR r Pt l3 2rUTIL DIR DAT 9 / ITEM 1I -F 3 i N [;SHR [DIR � 77L[�talG i` CDu rJC� o rry nt62 Page 1 of 1 ®You forwarded this message on 9/1/2009 12:25 PM. Council,SloCity From: Mary Wood [Mwood@belsherandbecker.com] Sent: Tue 9/1/2009 11:46 AM To: Council, SloCity RECEIVED Cc: Subject: Laguna Village Shopping Center SEP 0 1 2009 Attachments: SLO CITY CLERK I cannot attend the City Council Meeting on September 1s,therefore I would like it noted that I agree that the intersection of Madonna Rd/Pereira Drive&the Laguna Village Shopping Center needs a signal to enable entry and exit of the shopping center. Over the years it has become ridiculously difficult to go there to shop. I have found myself avoiding the center just for that reason and I hope that this problem will be corrected before more retail on Los Osos Valley Road makes the situation even worse! Sincerely, Mary Wood 668 Lawrence Drive SLO slomwood@yahoo.com LH�-COUNCIL 2-CDD DIR RED FILE 1g C�nj�162 2-FIN DIR /JU2� FIRE CHIEF — MEETING AGENDA ErATTORNEY �pyV DIR DATE 9/ o ITEM # P/f3 10 HEA IG O POLICE CHF ❑ DEPT HEAOS [I'fiEC OIR er-UTIL DIR Nom_ :�Cd HR I)IFl— https:Hmail.slocity.org/exchange/slocitycouncil/Inbox/Laguna%20 V iIIage%20Shopping%2... 9/1/2009 Page 1 of 1 ®You forwarded this message on 9/1/2009 12:28 PM. Council, SloCity From: Lisa Ganaja [Iganaja@yahoo.com] Sent: Mon 8/31/2009 3:03 PM To: Council,Sloaty 1Q--�5, Subject: No traffic light for Laguna Village Shopping Center 'E C E I +r`/ E D Attachments: SEP 0 12009 Dear Council Members: SLO CITY CLERK I live in the Laguna Lake area and I am against adding a traffic light into the Laguna Village Shopping Center from Madonna Road. It is easy to enter and exit the shopping center from LOVR.The time spent at the light located at Madonna and LOVR is a lengthy wait. Please do not make those of us who frequently travel that section of road wait at an additional light! Sincerely, Lisa Ganaja 1232 Descanso St. RED FILE %rCOUNCIL ITCDDDIR 41&e 2-FIN DIR - MEETING AGENDA C'AGAO As;&-*,4 "FIRE CHIEF DATEAITEM # 2-7CTTORNEY Q'PW DIR I GLERK/ORIG Z-POLICE CHF ! ❑ DEPT HEADS 2'REC DIR i ier_ Pia E--UTIL b!R I ! T2L6af /� .� i•, tiL�t7 r'f/�i�j COU NeIC. 4r77? A/G2 https://mail.slocity.org/exchange/sloc itycounciVInbox/No%20traffic%201ight%20for%2OLa... 9/1/2009 From: Ehrbar, Barbara Sent: Friday, August 28, 2009 5:15 PM To: Bochum,Tim; Walter, Jay Subject: Phone Call Regarding Laguna Village Shopping Center A Mr.Nitu called and said he is against installing a stop light near the Laguna Village Shopping Center. He did not leave an address or phone number but indicated that he lives near Los Osos Valley Raod and thinks that a stop light so close to Madonna/LOVR is a bad idea. cE V L SEP 01 2009 SLO CITY CLER:<. Hn-2v &Pf RED FILE % COUNCIL p%���G� L�DD DR — MEETING AGENDA O'92ft@ " FIN DIR DAT / o ITEM # Pl+3 a-ATTORN 3 r�'PFw DIRHIEF 0 DEPT HE AIS �aLICE CNF ❑ DEPT HEADS ZREC DIA --"�— TIL DIA ,� /VEti/ `I' nl I r"I�F� C btc NC4 L. e&-r�,- ASSOCIATE® TRANSPORTATION ENGIPJEERS 100 N. Hope Avenue,Suite 4,Santa Barbara,CA 93110 • (8051 687-4418 ° FAX(8051682-8509 Since 1978 Richard L. Pool, P.E. Scott A. Schell,AICP, PTP September 1, 2009 08047LO3 To: Dave Romero, Mayor Allen Settle, Vice Mayor Andrew Carter, Council Member Jan Howell Mari:, Council Member John Ashbaugh, Council Member Re: Prefumo Creek Commons EIR Good Evening Mayor and Council Members My name is Richard Pool, I am President of Associated Transportation Engineers, 100 North Hope Avenue, Suite 4, Santa Barbara, California. I have been a Registered Civil Engineer in California since 1968 —41 years with the last 23 years at Associated Transportation Engineers (ATE) in traffic and transportation engineering on the Central Coast. During that period, ATE staff have worked with the City and County of San Luis Obispo, the City and County of Santa Barbara and numerous other municipalities on the Central Coast. I agree with Mr. Schubert's comments regarding the fact that the traffic study set forth as part of the EIR is inadequate as they admitted that the intersection of Madonna Rd @ LOVR has serious traffic problems and offer few solutions that will help increase capacity at that intersection, however, they chose to ignore the problems caused by the stacking of cars at that intersection, as though they have drawn an imaginary line of"no responsibility" at the crosswalks. In the Prefumo Creek Commons EIR the operation of the Madonna Road/Los Osos Valley Parkway (LOVR) intersection was evaluated as it was in the prior EIR for the Home Depot/Costco/Irish Hills Plaza. Additionally, the Madonna Road/Pereira Drive/Laguna Village Shopping Center Driveway intersection was evaluated. The conclusion was that the addition of a third through lane on LOVR would mitigate the Prefumo Creek Project's impacts. However, the analysis did riot address the access for the Laguna Village Shopping Center. the queuing southbound on Madonna Road at LOUR or the pedestrian safety at Pereira Drive/Madonna Road The mitigation for the prior projects to improve the operation was to create a southbound a left tura lane a through plus left-turn lane and two right turn lanes with a northbound left-tum lane at the Shopping Center Driveway. The analysis did not consider the queuing that would result when the left-tum and the through traffic were in the through plus left-turn lane. The resultant queue Engineering . Planning . Parking . Signal Systems . Impact Reports • Bikeways . Transit City Council Talking Points Tuesday, September 1, 2009 Page 2 of 4 exceeded the capacity of the lane, thus affecting the Pereira Drive intersection. This led to an increase in northbound left-turn accidents and the City removed the northbound left-turn lane and prohibited the northbound left-turn. This severely affected the access for the Laguna. Village Shopping Center. The primary access in and out of Laguna Village Shopping Center and the Pereira neighborhood has been essentially choked off— especially during rush hour — causing significant long-term economic damage toi Laguna.Village Shopping Center. At the request of Kristie Molina., the oxxnler of Laguna Village Shopping Center, we have performed the following: 1. We performed traffic counts and we analyzed the existing traffic problems at the intersection of Madonna Rd @ LOVR including the problems caused by the stacking of cars from this intersection; and we have provided that data to the City staff. 2. Data shows that the traffic at this intersection has increased significantly over the last few years —primarily from the home Depot/Costco/Irish Hills Plaza.developments —and cars at the intersection are now so numerous that they are stacking up between cycles and blocking the entrances to Pereira Drive and Laguna Village Shopping Center... and, as a result, the frequency and severity of accidents at the Pereira Drive @ Madonna Rd intersection increased. It is easy to understand— a. the traffic at the corner increased, b. the traffic stacked up, and c. accidents increased at Perera. 3. Visual observation of the Pereira Drive intersection shows that a significant number of pedestrians continue to j-walk across Madonna, in spite of the fact the numerous signs have been install prohibiting j-walking. 4. After collecting and analyzing the data, we outlined the priorities for designing a solution to this traffic problem: 1) Aultomobfle Access: Provide for safe and convenient access in and out of Laguna Village Shopping Center(and the Pereira Drive neighborhood) - especially during the rush hours from Madonna Rd and LOVR_ 2) Accidents: Provide turning movements that are controlled, safe and convenient — that do not cause auto accidents. 3) Pedestrian Access: Provide a safe pedestrian crossing @ Pereira Drive. 4) Traffic Sequencing: Provide a design solution that works together with the existing light at Madonna Rd @ LOVR. 5) Redesign 1LVSC Driveways: Provide design improvements to the LVSC driveways to allow for better ingress and egress. City Council Talking Points Tuesday, September 1, 2004 Page 3 of 4 5. We then provided design solutions that address 3.11 five (5) of the design priorities and we have submitted those solutions to you and to City staff. a.. Traffic Light at Pereira: To provide safe and convenient access to LVSC and Pereira neighborhood. — we must instaIll a traffic Right. A11 significant shopping center require such access — for example Madonna Plaza, SLO Promenade, Irish Hills, Trader Joe's, Marigold Plaza— all have at least one (1) traffic light to allow cars to get in and out during rush hour. b. Our design solutions address the five(5)priorities that we established: 1) Access—the new light is safe and convenient. 2) kccideants —the new light provides controlled, safe and convenient turning movements to avoid the accidents of the past. 3) Pedestrian access—the new light pro-:ides a crosswalk. 4) Traffic Sequencing — the new light will be sequenced with the existing light at Madonna @ LOVR so that both lights will operate just fine. 5) ]LVSC Madonna Driveway Redesign — this driveway will be moved to line up with Pereira Drive and it will be widened to allow more lanes. 6) >i_.,OVR Burger King Driveway Redesign —this driveway will be widened to allow more lanes. 7) Left Turn Striping on LOVR at the Buerger King Driveway — we show new striping to create an obvious left-tum lane instead of the existing two-way lane. 6. 1 am very confident that our proposed new traffic light wall function just fine and it can be sequenced with the existing light at Madonna Rd @ LOVR so that both of them operate at, and acceptable level; and 1m confident the other design elements that we have specified will work fine. We therefore request thatyouu require the following additional traffic mitigation improvements to be constructed as a condition of approval of this project: 1. The construction of new traffic light at Pereira Drive (my client is willing to pay for moving their driveway and other on-site work); and City Council Talking Points Tuesday, September 1, 2004 Page 4of4 2. The restriping on LQVR to provide a formal left-turn pocket into Laguna Village Shopping Center., at the Burger King entrance (my client will pay for the widening of this driveway). 7. I'm available to answer any questions that you may have. Thank you. Associated Transportation Engineers r y: Richard L. Pool, P.E. President California Regional Water Quality Control Board Lin&Adams Central Coast Region Semwyfor Arnold Internet Address:httpJ/www.wetaboaTds.ca.gov/cenaWcoasil schwamoegger £nvironmeeml 995 Aetovista Place.Suite 101,San W is Obispo,California 93401 Protection Phone(805)549.3147•FAX(805)543-0397 Governor September 1,2009 San Luis Obispo City Council City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Dear City Council Members: CENTRAL COAST WATER BOARD STAFF RECOMMENDATIONS FOR CONDITIONS OF APPROVAL FOR THE PREFUMO CREEK COMMONS PROJECT FINAL ENVIRONMENTAL IMPACT REPORT(FEIR) Central Coast Regional Water Quality Control Board (Central Coast Water Board) staff recommends you modify the conditions of approval for the Prefumo Creek Commons Project (Pfoject) before approving this project. Water Board staff initiated conversations with the City of San Luis Obispo (City) Planning Department during the Project notification stage in October 2008. In a letter dated May 22, 2009 we provided comments on the Draft Environmental Impact Report which included specific recommended requirements be imposed on the project. Additionally, Water Board staff met multiple times with applicant representatives and City staff and provided comments at the July 8, 2009 Planning Commission Meeting. The City has still not incorporated our recommended changes into the project approval conditions. Water Board staffs intention in working with the City during the project review and approval process is to ensure the City approves a project that meets our requirements, in order to avoid having to require changes to the Project during the Water Board permitting process. Water Board staff recommends the City Council modify the conditions of approval to require that roof runoff from the City's design storm event is treated prior to discharging directly to Prefumo Creek. Additionally, Water Board staff recommends the City Council modify the language relating to water quality in Resolutions C and E to include more assertive language to parallel more assertive language included in other requirements in the Resolutions (i.e., change 'shall consider' to 'shall modify the design to address'). Water Board staff conveyed these recommended changes in a July 13, 2009 email to the City. Please see Attachment for email correspondence. Page 11 of the Council Agenda Report reads, "...the Regional Board would like to ensure that a!/of the developed site's water is retained and absorbed into the site rather than be treated by bioswales or mechanical water treatment devices such as those proposed." Water Board staffs intention has never been to get the project applicant to design the site to be able to retain 100 percent of the runoff on the site. Water Board staff has provided recommendations to the City to require the applicant to retain and/or detain the smaller storms on site to mimic the natural hydrology and therefore minimize potential hydromodification impacts downstream. California Environmental Protection Agency Recycled Poper �. San Luis Obispo City Council -2 - September 1,2009 If we may clarify this recommendation or be of further assistance, please contact Tamara Presser at (805) 539-3334, or email Tpresserawaterboards.ca.gov, or Dominic Roques at (805)542-4780,or email Drociues0waterboards.ca.gov. Sincerely, Roger W. Briggs Executive Officer Attachment: Email Correspondence with Water Board staff and City Planning Department staff between July 13,2009 and September 1;2009. S:Zection 401 Certif cationlCertifications%San Luis OtiispoVrefumo Creek Commons%Prefumo Creek Commons - letter to City Coundl.doc : (9/1/2009)Tamara Presser-Fwd: RE:Prefurno Creek Commons resolution page-11 From: Tamara Presser Fir13 To: pdunsmor@slocity.org CC: Dominic Roques; Phillip Hammer Date: 9/1/2009 1:54 PM Subject: Fwd: RE: Prefumo Creek Commons resolution Attachments: Perfumo Creek CDmmons-comments on draft EIR.pdf Hello Phil, I've looked over the Council Agenda Report and attached Resolutions. Resolutions C and E both include the water Quality-related modifications you pointed me to mid-Juy. The Planning Commission recommendation Includes Resolution Cand your recommendation Includes Resolution E. Please explain why you didn't modify the Resolutions to include the changes I proposed in my July 13,2009 email(see string of emalls below). Additionally,can you please explain how you developed the following statement on Page 1I of the Council Agenda Report,"...the Regional!bard would like to ensure that all of the developed site's water is retained and absorbed into the site rather than be treated by biosvales or mechanical water treatment devices such as those proposed." Our intention has never been to get the project applicant to design the site to be able to retain 100%of the runoff on the.site,only to retain or detain the smaller storms for water quality reasons and to minimize potential hydromodification impacts downstream. Please refer to our May 22,2009 letter (attached)for our expectations for controlling volume,flow rate,and duration of runoff for this project. Will there bean opportunity this evening,on the record,for you to clarify for the.Clty Council that the statement.in the Council Report is incorrect and misrepresents Water Board staffs expectations? On another rate,we are conducting a charette at our office this Thursday afternoon to solicit input from stakeholders,munkipa! employees,consultants,ect on future requirements for Municipal Stormwater General Permit enrollees. The City of SLO is enrolled under this permit,so they will have an interest In the outcome of this meeting. Input from various sectors of municipal programs, in addition to just stormwater program employees,will be essential to this process. In the future,the City Planning Deparent will play a key role in Implementing future stormwater requirements. Additionally,Mus worktrn shop should be a good opportunity to gain some education on future requirements/expectations for the City of SLO. 7 will send you an email with more info about the curette. Also,please feel free to recruit other folks from the,Planning Dept to attend. Thanks; Tamara Presser,LEED AP Water Resource Control Engineer 805.549.3334 Central Coast Water Board 895 Aemvista Place,Suite 101 San Luis Obispo,CA 93401 tpresser@waterboards.ra.gov >>>Tamara Presser 7/13/2009 4:16 PM»o Thanks for providing further details about the plan review process for the next few months. Please keep us posted once the ARC plans are available for review. -Tamara >>> "Dunmore,Phi"<o�_unsmor(olslootv.org>7/13/2009 4:09 PM>>> Thanks Tamara, I will discuss these minor modifications with Pubic Works staff and incorporate Into the resolution.Once the City Council.makes the final detemninallm on the EIR mitigation measures,the applicants Will need to create final planning documents for review try the ARC l can allow you to review a set of these pians when they are available which will likely be In September/October.There will be an opportunity for us to review the ARC plans for completeness prior to scheduling the ARC hearing.This Is where we can check to see that all or these details have been incorporated. The ARC hearing will also be a public hearing which is subject to public te0mony. Phil Dunmore Associate Planner,AICP �1l2009}Tamara Presser-Fwd:RE: Prefumo Creek Commons resolution Page 2 City of San Luis Obispo Community Development 919 Palm Street San Luis Obispo,CA 93401 (805)780522 --Original Message--. From:Tamara Presser rmailto:TPresser(dvgterboards_ca:gg, Sent:Monday,July 13,2009 4:01 PM To:Dunmore,Phil Cc Dominic Roques Subject:Re:Prefumo Creek Commons resolution HI Phil, We looked over the draft Resolution and found that this additional language requires further anatysis/justification of most of the points Dominic and 1 were.ainring to convey at the July 8th Planning Commission meeting. A few comments about the Resolution: 1)Section 3.Recommenda0on 10(g): Change...-any required Mention of retention areas;to, "any required detention and retention areas." 2)Add condition or modify existing condition to require applicant to evaluate roof runoff treatment controls to ensure that the site includes adequate measures to retain pollutants onsite that may be picked up from roofing materials and atmospheric deposition. 3)Remove vague wording from the conditions related to drainage. For example,remove the word'considee from conditions: 13, 16,and 41. The drainage map on page 293 of the final EIR(Sheet 1 of 1 in Appendix E)needs to be further addressed prior to the final ARC plans. This map does a good job of showing the minimal treatment provided with the current design. Hopefully,once the applicant addresses the conditions in the Resolution,there will be improvements to the drainage plan. Will there be an opportunity for Water Board staff to see the ARC plans prior to them becoming'final to ensure the applicant fully addressed all the drainage conditions reiterated in the Resolution? Can you please explain how the.ARC plan review process works and if there will be opportunity rot us to see those pians prior to diem becoming finaR Also,when do you anticipate the ARC plans will become available? I don't think a meeting is necessary,but please feel free to call me to discuss the above. Thanks, Tamara Tamara Presser,LEED AP Water Resource Control Engineer 805.549.3334 Central Coast Water Board 895 Aerovista Place,Suite 101 San Luis Obispo,CA 93401 �r�ser@wa terboardss{�,gtZv »> 'Dunmore,Phil"<�ur m rcalsl i' QM>7/13/2009 12:25 PM>>> Hi Tamara, Here's the draft resolution for the project that includes some of the. project conditions that were mentioned.Conditions 13 and beyond dies� water quality issues in a generic fomnat-these could be changed to be more speck,Look forward to meeting or discussing further as necessary,-Phil f 1 jj �9HI2O69)Tamara Presser-Fwd: RE: Prefum o Creek Commons resolution Mage 3 Phil Dunmore Associate Planner,AICP My of San Luis Obispo Community Development 919 Palm Street San l.uls Obispo,CA 93401 (805)781.7522 From: Cano, Elaina Sent: Tuesday, September 01, 2009 4:14 PM3 To: 'rkranzdo@calpoly.edu' Cc: Chippendale, Sue Subject: RE: Contact Us Form Thank you, Mr. Kranzdorf for your request. Please know that the City welcomes public participation in this process. Elaina Cano Interim City Clerk City of San Luis Obispo -----Original Message----- From: webserver@slocity.org [mailto:webserver@slocity.org] Sent: Tuesday, September 01, 2009 12:27 PM To: Cano, Elaina Subject: Contact Us Form Name: Richard Kranzdorf Address: 160 Graves City: San Luis Obispo State: CA zip: .. 93405-2056 Phone: 543-5578 Fax: email from: rkranzdo@calpoly.edu Message: As I understand it, the 4 p.m. meeting today (September 1) will focus on the process for determining the EIR for the "GAP" property. I request that the public be provided maximum opportunity to be involved in that process. 7 Council Agenda Report—Community Foundation Agreement Page 2 initiated discussions with SLOCCF Executive Director Bang VanderKelen, and, using a model provided by the Foundation, developed the concept for an agreement between the two parties that would seek to raise cash or other support for the activities of the City's Natural Resource Protection Program. Proposed Agreement The Agreement between the City and the Foundation is intended to (1) establish a dedicated fund within the framework of the Foundation's accounting systems, (2) solicit donations and accept unsolicited donations of cash, stock, or other valuables convertible to cash, and (3) grant the City the right to make withdrawals from the fund as needed and appropriate. Monies could be used for activities such as: land acquisition, trail construction, educational programs, and environmental restoration. It is recognized that some parties may choose to make contributions in the form of an endowment, in which case the principal would be held in trust by the Foundation and the annual interest would be made available upon request to the City for fund purposes. However, it is staff's expectation that most funds would be in the form of simple contributions that could be withdrawn as needed for City open space program purposes. Staff foresees the fund contributing to the purchase of the Froom Ranch within the next year. FISCAL IMPACT There is a cost to support the administrative overhead bome by the Foundation. This cost is expressed as a percentage of the value being held by the Foundation. This percentage is 1:5% per year for amounts from$25,000 to$500,000(with a minimum of$625 per year),decreasing to 1.0% per year for amounts between $500,000 and $2,000,000, and to 0.75% per year for amounts in excess of $2,000,000. According to Mr. VanderKelen, the funds to support the Foundation's overhead are generally withdrawn from the funds in the account on some regular (i. e., quarter or annual) basis. As an alternative, however, the City could elect to pay the Community Foundation directly for its administrative services. The effect of this agreement is expected to be positive fiscally, as funds considerably in excess of the administrative costs are expected to come in to support City open space activities,such that ultimately the fund will be self-supporting. ALTERNATIVE The Council could decide not to enter into this agreement. This is not recommended, however, as the establishment of the fund appears to fill a niche for both prospective donors and for the City, and such endeavors in other communities have been notable successes. ATTACFIMENT Proposed Dedicated Fund-Agreement with the Community Foundation to Support City Open Space ftachment SAN ]LUIS OBISPO COUNTY Y C®Ie MUNITY FOUNDATION Designated Fund Agreement THIS AGREEMENT, made and entered into on , 2009 by and between the SAN LUIS OBISPO COUNTY COMMUNITY FOUNDATION, INC. (the "Foundation") and the CITY OF SAN LUIS OBISPO (the "City"). WITNESSETH: WHEREAS, the City desires to have established in the Foundation a designated fund for the purpose of providing a mechanism for citizens to contribute to the preservation and maintenance of open space lands owned by the City of San Luis Obispo, and for those citizens to receive the full benefits of the laws governing charitable contributions ; and WHEREAS, the Foundation is a nonprofit public benefit corporation exempt from taxation under Internal Revenue Code ("Code") section 501(c)(3), a public charity described in section 170(b)(1)(A)(vi) of the Code, and accordingly an appropriate institution within which to establish such a charitable endowment; and WHEREAS, the Foundation is willing and able to create such a Designated Fund, subject to the terms and conditions hereof, NOW THEREFORE, the parties agree as follows: 1. NAME OF THE FUND. City and Foundation hereby establish in the Foundation a designated fund, termed the City of San Luis Obispo Open Space Preservation Fund. Subject to the right of the Foundation to reject any particular gift, the Foundation may receive additional irrevocable gifts of property acceptable to the Foundation from time to time from any other source to be added to the Fund, all subject to the provisions hereof all grants, bequests, and devises to this Fund shall be irrevocable once accepted by the Foundation. 2. PURPOSE. The primary purpose is to assist the City in the acquisition of land and easements to preserve open space, wildlife habitat, and agricultural land in and near the City, and to assist the City in undertaking habitat conservation, environmental restoration, and passive recreational uses of those lands in manner consistent with the terms and conditions contained in paragraph 3. 3. DISTRIBUTION. Consistent with the Foundations' Spending Policy a portion of the annual allocable earnings of the fund and any principal, net of the fees and expenses set forth in paragraph 10, will be distributed to the organization described in Section 2 of this agreement; with special consideration detailed in Attachment A. A copy of the current Spending Policy is Attachment B. If any gifts to the Foundation for the purposes of the Fund are received and Page 1 of 6 0—Y-3 �. Uachment accepted subject to a Donor's conditions or restrictions as to the use of the gift or income therefrom, said conditions or restrictions will be honored, subject, however, to the authority of the Foundation's Board to vary the terms of any gift if continued adherence to any condition or restriction is in the judgment of the Foundation's Board unnecessary, incapable of fulfillment, or inconsistent with the charitable or other exempt purposes of the Foundation or needs of the community served by the Foundation. No distribution shall be made from the Fund to any individual or entity if such distribution will in the judgment of the Foundation endanger the Foundation's Code section 501(c)(3) status. 4. ADMINISTRATIVE PROVISIONS. Notwithstanding anything herein to the contrary, the Foundation shall hold the Fund and all contributions to the Fund, subject to the provisions of the applicable federal and state laws and the Foundation's Articles of Incorporation and Bylaws. The Board shall direct or monitor the distribution of the Fund to ensure it is used exclusively for charitable or other exempt purposes within the meaning of Code section 170(c)(1) or(2)(B), and shall have all powers of modification and removal specified in United States Treasury Regulations Section 1.170A-9(e)(I 1)(v)(B). The Board agrees to make available a copy of the annual examination of the finances of the Foundation as reported upon by independent certified public accountants. 5. CONDITIONS FOR ACCEPTANCE OF FUNDS. City agrees and acknowledges that the establishment of the Fund herein created is made in recognition of, and subject to, the terms and conditions of the Articles of Incorporation and Bylaws of the Foundation as from time to time amended, and that the Fund shall at all times be subject to such terms and conditions, including, but not by way of limitation, provisions for: (a)Presumption of donors'intent; (b) Variance from donors' direction; (c) Amendments. 6. CONTINUITY OF THE FUND. The fund shall continue so long as assets are available in the Fund and the purposes in the Fund can be served by its continuation. If the Fund is terminated, the Foundation shall devote any remaining assets in the Fund exclusively for charitable or other exempt purposes that: (a) are within the scope of the charitable or other exempt purposes of the Foundation's Articles of Incorporation; and, (b) most nearly approximate, in the good faith opinion of the Board, the original purpose of the Fund. 7. NOT A SEPARATE TRUST. The Fund shall be a component part of the Foundation. All money and property in the Fund shall be held as general assets of the Foundation and not segregated as trust property of a separate trust; provided that for purposes of determining the share of the Foundation's earnings allocable to the Fund and the value of the principal of the Fund, the interest of the Fund in the general assets of the Foundation shall be a percentage Page 2 of 6 �� attachment determined by dividing the gift to the Fund by the then value of the total assets of the Foundation, such percentage interest being subject to adjustment at the time of each addition to or reduction of the assets of the Foundation. 8. ACCOUNTING. The receipts and disbursements of this Fund shall be accounted for separately and apart from those of other gifts to the Foundation. 9. INVESTMENT OF FUNDS. The Foundation shall have all powers necessary, or in its sole discretion desirable, to cant'out the purposes of the Fund, including, but not limited to, the power to retain, invest, and reinvest the Fund and the power to commingle the assets of the Fund with those of other funds for investment purposes. 10. COSTS OF THE FUND. It is understood and agreed that the Fund shall share a fair portion of the total investment and administrative costs of the Foundation. Those costs annually charged against the Fund shall be determined in accordance with the then current fee schedule identified by the Foundation as applicable to funds of this type; a copy of the current fee schedule is Attachment C. Any costs to the Foundation in accepting, transferring, or managing property donated to the Foundation for the Fund shall also be paid from the Fund, or by such equivalent arrangements as may be acceptable to both Foundation and City. IN WITNESS WHEREOF, City has executed this Agreement and the Foundation has caused this Agreement to be approved by its Board and to be executed by a duly authorized officer, all as of the day and year first above written. CITY David F. Romero, Mayor SAN LUIS OBISPO COUNTY COMMUNITY FOUNDATION, INC. Wendy Brown, President APPROVED AS TO FORM: Barry VanderKelen, Executive Director -; ATHAN P. LOWELL City Attorney Page 3 of 6 r achment Attachment A Mechanics of Distributing Proceeds from the City of San Luis Obispo Open Space Preservation Fund The City of San Luis Obispo Open Space Preservation Fund is established to assist the City in the acquisition of land and easements to preserve open space, wildlife habitat, and agricultural land in and near the City, and to assist the City in undertaking habitat conservation, environmental restoration, and passive recreational uses of those lands. The Foundation relies upon the public process to approve projects used by the City of San Luis Obispo. The Foundation will encumber available money in the Fund and transfer money to the City upon final and/or interim reports on progress in implementing the projects. Nothing in this attachment supercedes sections of the agreement, and this attachment sets forth only the mechanics of transfering available money from the Fund to the City. Page 4 of 6 � attachment Attachment B Spending Policy on Endowment Funds for 2009 San Luis Obispo County Community Foundation 1) Allocates a percentage of the fair market value of each fund that will be spent on grant distributions. 2) Provides: - Reliable source of grant dollars - Enough reserve for long-term growth of assets after inflation - Evens out the flow of grant dollars to the community 3) Our Spending Rates and Implementation - SPENDING POLICY FOR GRANTS: 4.5% of the average annual fair market value of a fund, calculated over the last three years, will be made available each year for grant distributions from that fund provided that the fund has a positive income balance. IMPLEMENTATION: For September 30 of each year, the 3-year average fair market value of each endowed fund will be calculated. 4.5% of that amount will be transferred from each fund's income balance to its "available to spend" balance for use in the following year along with any balance remaining from prior years. From the available to spend balance, grants can be made throughout the year in accordance with the fund agreement for each fund. If the income balance for a fund is negative at year-end (due to past market conditions), the spending policy will not be implemented for that fund in the following year. In addition, the spending policy will not be implemented for those donor advised endowment funds whose fund agreements specify that the fund is not subject to the spending policy. - ADMINISTRATIVE FEE POLICY FOR OPERATIONS: .75%-2% per annum of each fund's fund balance is assessed quarterly and transferred to the Foundation's Operating Fund. (See "Fees for Funds at the Community Foundation," which is revised annually by the Board) - INVESTMENT MANAGEMENT FEES: .5%-1% per annum of the endowment is charged by the Community Foundation's professional investment managers for their services. This amount is shared proportionately by all the funds in the endowment pool. 4) Real Growth - Given our expectations of total net return on investments (9% or better), these spending rates will provide for real growth on endowment dollars if inflation is under 3%. 5) Ideal Rates - The Council on Foundations recommends that spending rate should be between 4-6%. A well-applied spending policy will return more dollars to the community in the long run as the pool of money generating revenue grows. Board Approved September 3, 2008 Page 5 of 6 05�_ Attachment C ftachment San Luis Obispo County Community Foundation Effective July 1, 2007, the following fees apply to Designated Endowment Funds: Fee Fund Balance 1.5% per annum, $625 minimum $25,000-499,999 1.0% per annum $500,000-1,999,999 .75% per annum $2,000,000 and more In addition to the administrative fees listed above, the San Luis Obispo County Community Foundation currently pays 75 basis points (.75%) to UBS for consulting services on the investment of its endowed funds. These annual fees are paid quarterly and charge to the individual endowed funds. Page 6 of 6