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Home My WebLink About02-16-2016 Item 07 Review of an exchange of property bordering a parcel at 2881 Broad Street Meeting Date: 2/16/2016 FROM: Michael Codron, Community Development Director Prepared By: Walter Oetzell, Assistant Planner SUBJECT: REVIEW OF AN EXCHANGE OF PROPERTY BORDERING A PARCEL AT 2881 BROAD STREET RECOMMENDATION As recommended by the Planning Commission, adopt a resolution (Attachment A) approving the disposition and acquisition of City owned property bordering the parcel at 2881 Broad Street, under the terms described in the proposed Real Property Exchange Agreement (Attachment B). SITE DATA DISCUSSION An application has been filed for the subdivision of one parcel, located between Stoneridge Drive and Perkins Lane, west of Broad Street, into four lots for single- family residential development. The parcel is somewhat irregular in shape, and is adjacent to a City-owned lot that runs along the southerly side of Stoneridge Drive (“Lot A”, as shown in Attachment E). The boundary between the subject parcel and City lot travels diagonally at an angle to Stoneridge. The applicant wishes to acquire a portion of Lot A from the City in order to align the property boundary with Stoneridge Drive and to make the subject parcel more regular in shape. In exchange, the applicant would offer a portion of the parcel at 2881 Broad to the City to be incorporated into the public right-of-way along Perkins Lane. Site Information and Setting The project site is a gently sloping parcel west of Broad Street and south of Stoneridge Drive. It is located in a Medium-Density Residential (R-2) Zone. The immediate area is characterized by commercial and residential development along Broad Street to the north, south, and east, and by Applicant Dustin Pires Property Owner California Coastal Investments, LLC; Vista Da Praia, LP General Plan Medium Density Residential Zoning Medium-Density Residential, Special Considerations (R-2-S) Environmental Status Categorically exempt from CEQA Review (Guidelines § 15312; Surplus Property Sales) 7 Packet Pg. 135 Figure 1: South side of Stoneridge at Broad, including sign and wall lower-density residential development to the west, along Stoneridge Drive. It was previously developed with a single-family house that was recently demolished. Natural features are limited to several trees on the site. The north side of the site includes extensive shrub growth behind a retaining wall, with several tall palm trees in front of the wall, framing the entry to the Stoneridge development. A residential development sign advertising the Stoneridge development is installed at the corner of Broad and Stoneridge. The sign, shrubs, trees at the entry to the Stoneridge subdivision are all contained on City-owned “Lot A,” and the Stoneridge Homeowner Association has maintained the Stoneridge entry sign. Property Exchange “Lot A” (owned by the City) is situated between the parcel at 2881 Broad and the street right-of- way along Stoneridge Drive. It was created by Tract 1150 (Stoneridge I, see Attachment F), approved in 1986. It is a remnant, non-buildable parcel that resulted from the need to align Stoneridge Drive perpendicular to Broad Street where they intersect. The remnant lot is well outside the area needed for additional right-of-way, and was dedicated in fee to the City by the developer of Stoneridge. The proposed exchange would transfer ownership of Lot A to the owner of the parcel at 2881 Broad Street. The owner would then offer to dedicate part of that property to the City to accommodate future widening of Stoneridge Drive. In return for the property acquired, the owner would dedicate a portion of the southerly edge of 2881 Broad, running along Perkins Figure 2: Configuration before (left) and after (right) proposed exchange 7 Packet Pg. 136 Lane, to the City for use as public right-of-way. The amount of property to be exchanged is summarized as follows: Table 1: Property Exchange Summary Lot A Surplus Property 4,076 sq. ft. Offer to City 819 sq. ft. Portion to owner 3,275 sq. ft. Perkins Lane Dedication Offer to City 2,664 sq. ft. The resolution approving the property exchange authorizes the City Manager to execute a Real Property Exchange Agreement (Attachment B) that formalizes the terms of the exchange. The agreement describes the property to be conveyed to the owner of 2881 Broad and the offers of dedication to be made to the City for public right-of-way purposes, and authorizes the City to decide the means of conveyance. Public improvements (curbs, gutters, sidewalk, etc.) would be made upon subdivision and development of the property. Conditions that must be met prior to the conveyance of the surplus property are listed in Section 4 of the agreement. One of those conditions is a requirement that the owner of 2881 Broad grant to the Stoneridge Homeowner’s Association an easement for the Stoneridge monument sign that is situated on Lot A. Minor Subdivision The parcel at 2881 Broad is proposed to be subdivided with a parcel map into four smaller parcels, as a minor subdivision (Subdivision Regulations § 16.08.010). It has been proposed as a Common Interest Subdivision (Sub. Regs. Ch. 16.17) wherein the resulting parcels will share a common driveway within an easement area. An application for architectural review of four single-family residences has also been submitted in conjunction with this application. The subdivision application will be decided by the Subdivision Hearing Officer, as provided in Subdivision Regulations § 16.04.030(A.1). The Council’s action on the property exchange is independent of the decisions to be made on the subdivision and architectural review applications. CONCURRENCES The Planning Commission reviewed the proposed property exchange at a public hearing on December 9, 2015 to consider its conformity with the City’s General Plan, as required by Government Code § 65402, and determined by unanimous vote that the exchange was in conformance with the General Plan (see Agenda Report and Planning Commission Resolution, Attachment H). The proposed property exchange was reviewed by several City departments (Fire, Public Works, and Utilities) who identified no inconsistency between the proposed property exchange and relevant General Plan goals and policies. ENVIRONMENTAL REVIEW The property exchange is categorically exempt under Class 15312 of the California Environmental Quality Act (CEQA) Guidelines because it involves the disposition and 7 Packet Pg. 137 acquisition of property that does not have significant value for wildlife habitat or other environmental purposes and would qualify for an exemption under any other class of categorical exemption in the CEQA Guidelines. Any future development of the property would be subject to CEQA at the time the project is filed. FISCAL IMPACT The proposed property exchange is not expected to result in any fiscal impact to the City. An appraisal of the property was prepared by Kevin Lewis in September, 2015 (Attachment G). In the opinion of the appraiser, the value of the benefit gained by the owner of 2881 Broad is characterized as “essentially a zero-sum value” wherein the value of the property added by the exchange appears to be offset by the value of the land exchanged and the cost of associated road improvement. It should be noted that the City-owned “Lot A” was a remnant of Tract 1150 that was dedicated to the City, and that the City did not expend funds to acquire the property. ALTERNATIVES 1. Continue review of this request to a future date for additional analysis or research; or 2. Retain the surplus property and do not enter into the Real Property Exchange Agreement to exchange property with the owner of 2881 Broad. This alternative is not recommended because the exchange has been determined to be in conformance with the City’s General Plan, furthers the achievement of several of the Plan’s goals and policies, and facilitates orderly development of adjacent property. Attachments: a - Draft Resolution b - Draft Real Property Exchange Agreement c - Vicinity Map d - Aerial Photograph e - Assessor Parcel Map (Lot A) f - Map of Tract 1150 g - Appraisal of Real Property h - Planning Commission Report and Resolution 7 Packet Pg. 138 RESOLUTION NO. (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A REAL PROPERTY EXCHANGE AGREEMENT WITH THE PROPERTY OWNER(S) OF 2881 BROAD STREET, TO EXCHANGE CITY SURPLUS PROPERTY, BEING A PORTION OF LOT A OF TRACT 1150, FOR PROPERTY ALONG THE NORTHERLY EDGE OF PERKINS LANE (SBDV-1990-2015) WHEREAS, the City of San Luis Obispo is a Charter City as defined in the California Constitution article XI, section 5 and may transfer real property as provided by City Charter Section 906; and WHEREAS, title reports show that the City of San Luis Obispo (“City”) has fee ownership of “Lot A” of Tract 1150, and that California Coastal Investment, LLC a California Limited Liability Company, and Vista Da Praia, LP, a California Limited Partnership (collectively referred to herein as “Developers”) have fee ownership to the property known as 2881 Broad Street (APN 004-581-001); and WHEREAS, the City has received a request from the Developers to acquire a portion of “Lot A” of Tract 1150 (“Surplus Property”) in exchange for a portion of 2881 Broad Street at its border with Perkins Drive (“Perkins Street Dedication”), along with the construction of certain improvements that benefit the City and the public; and WHEREAS, the City of San Luis Obispo Planning Commission conducted a public hearing on December 9, 2015, to consider whether the disposition of the “Surplus Property” and the acquisition of the “Perkins Street Dedication” conforms to applicable goals and policies of the City’s General Plan, and found that the proposed exchange is consistent with the City’s General Plan. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The above recitals are true and correct and incorporated herein by this reference. SECTION 2. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The City no longer has need for the portion of “Lot A” of Tract 1150 directly adjacent to 2881 Broad. 2. The property exchange is consistent with the policies of the Land Use and Circulation Elements of the City’s General Plan, and is consistent with similar disposition of property in the immediate vicinity. 7.a Packet Pg. 139 At t a c h m e n t : a - D r a f t R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) Resolution No. _____ (2016 Series) Page 2 R _______ SECTION 3. Environmental Review. The property exchange is categorically exempt under Class 15312 of the California Environmental Quality Act (CEQA) Guidelines because it involves the disposition and acquisition of property that does not have significant value for wildlife habitat or other environmental purposes and would qualify for an exemption under any other class of categorical exemption in the CEQA Guidelines. Any future development of the property would be subject to CEQA at the time the project is filed. SECTION 4. The City Council does hereby declare Lot A of Tract 1150 to be surplus property, and that it does not have any significant value as wildlife habitat or other environmental purposes and that, due to the size and shape of the property, it is incapable of independent development or use. SECTION 5. The City Council does hereby approve the proposed property exchange and authorizes the City Manager to execute a Real Property Exchange Agreement substantially in the form attached hereto as Exhibit 1, and authorizes the City Manager and City staff to take action necessary to carry out the intent of this Resolution. On motion of _______________________________________________, seconded by ______________________________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 16th day of February 2016. ________________________ Mayor Jan Marx ATTEST: ___________________________ Jon Ansolabehere Interim City Clerk APPROVED AS TO FORM: _____________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. 7.a Packet Pg. 140 At t a c h m e n t : a - D r a f t R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) Resolution No. _____ (2016 Series) Page 3 R _______ ______________________________ Jon Ansolabehere Interim City Clerk 7.a Packet Pg. 141 At t a c h m e n t : a - D r a f t R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 REAL PROPERTY EXCHANGE AGREEMENT THIS REAL PROPERTY EXCHANGE AGREEMENT (“Agreement”) is dated as of ________________________, 2016, and is made and entered into by and between California Coastal Investments, LLC, a California Limited Liability Company and Vista Da Praia, LP, a California Limited Partnership (collectively “Developers”), and the City of San Luis Obispo, a California municipal corporation and charter city (“City”). Developers and City are collectively referred to as “Parties”. RECITALS A. Developers own that certain real property located at 2881 Broad Street. Said property is described in Exhibit A (“2881 Broad Street”). B. City owns that certain real property located adjacent to 2881 Broad Street. Said City property is described in Exhibit B (“City Property”). C. City acquired City Property in fee as Lot A of Stoneridge Tract 1150 as shown in map recorded in Book 13 of Maps Page 48 on file in the office of the County Recorder of San Luis Obispo County, State of California. D. Said Lot A is a remnant parcel from Tract 1150 (Stoneridge I), dedicated in fee to the City, with the intent that it be included with future development south of Stoneridge Drive. E. Developer wishes to acquire a portion of the City Property conceptually shown in Exhibit C attached hereto (“Surplus Property”) in order to facilitate development of 2881 Broad Street. F. City Council Resolution No. ________________________ made findings regarding the disposition of the Surplus Property. It was determined that City no longer has need for the Surplus Property, and that the disposition of Surplus Property to facilitate residential development is consistent with the policies of the Land Use and Housing Elements of the General Plan. G. In exchange for obtaining Surplus Property, Developers will dedicate right-of-way to the City for street purposes at the easterly end of Perkins Lane to accommodate future street 7.b Packet Pg. 142 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) improvements benefitting the City and the public. The Perkins Lane right-of-way is also conceptually shown in Exhibit C attached hereto (“Perkins Lane Dedication”). AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual covenants set forth below, City and Developers agree as follows: 1. Recitals Incorporated. The above Recitals are true and correct and are incorporated into this Agreement by this reference. 2. Transfer of Real Property. a. Surplus Property to Developers. Upon satisfaction or waiver by City of each and every condition precedent set forth in Section 4 below, City agrees to convey title the Surplus Property to Developers. The method of conveyance shall be by quit claim deed substantially in the form attached hereto as Exhibit E (the “Quit Claim Deed”) b. Perkins Lane Dedication. Subject to the terms and conditions hereof, Developers shall irrevocably offer to dedicate to City the Perkins Lane Dedication to the City substantially in the form attached hereto as Exhibit F (the “Offer of Dedication”). Any fees and property taxes required by County to record the exchange shall be the sole responsibility of Developers. 3. Escrow and Closing. This transaction contemplated by this Agreement shall be consummated through an escrow (“Escrow”) established at First American Title Company, San Luis Obispo, California (“Escrow Company”), or another escrow company mutually agreeable by City and Developers. Upon Escrow Company’s receipt of written notice from City of satisfaction or completion of the conditions precedent set forth in Section 4 below, Escrow Company shall record in the following order: Quit Claim Deed, Offer of Dedication, Street Easement (as defined in Section 4.b), Landscape Easement (as defined in Section 4.c), and Notice of Merger (as defined in Section 4.d), in the Official Records of San Luis Obispo County (“Closing”). All costs and expenses related to this Agreement and Escrow, including, but not limited to, escrow fees, documentary transfer taxes, and recording fees, shall be the sole and absolute responsibility of Developers. 4. Conditions Precedent to Conveyance for City’s Benefit. Closing this transaction and City’s obligation to convey title to the Surplus Property to Developers is expressly conditioned upon Developers completion of the following conditions precedent, which may only be approved or waived by City in writing: a. Developer’s submittal to City of the signed Offer of Dedication in a form approved by the City. b. Developer’s submittal to City of an approved signed offer of dedication in a form approved by the City for a street easement along Stoneridge Drive to accommodate installation of future sidewalk and/or a right-turn lane (“Street 7.b Packet Pg. 143 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) Easement”). The configuration of said easement is conceptually shown in Exhibit D attached hereto. c. Developer’s submittal to City of an approved signed easement agreement between Developers and the Homeowner’s Association for Stoneridge Tracts 1150 and 2126 for an easement at the intersection of Stoneridge Drive and Broad Street to accommodate maintenance and repair of the existing monument sign, electrical service and landscaping for the Stoneridge Tracts 1150 and 2126 subdivisions as noted in Exhibit D (“Landscape Easement”). d. Developer’s submittal to City of an approved signed Notice of Merger merging 2881 Broad and Surplus Property into a single lot (“Notice of Merger”). e. Developer’s submittal of any fees and property taxes, including recording fees and title fees, required by County and the Escrow Company to record the exchange and the associated documents. f. The City’s receipt of an updated preliminary title report from Escrow Company as of the date of the Closing showing title to 2881 Broad Street Property in the name of Developers subject only to the following conditions of title: i. A lien to secure payment of real estate taxes and supplemental taxes, if any, not delinquent; ii. Matters affecting the condition of title created by or with the written consent of City; g. Printed exceptions and exclusions as specified on the Preliminary Title Report approved by City. Submittal by Developers to Escrow any preliminary change of ownership reports. h. Any other documents, information or fees requested by City to consummate this transaction. 5. Condition of Title of Real Property. Developers agree to offer the Perkins Lane Dedication to the City free and clear of any conflicting liens and encumbrances, leases, assessments, easements, and other possessory or non-possessory interests in the real property, except for recorded public utility easements, recorded public rights of way, or other liens or encumbrances approved by the City. Prior to Closing, Developers shall submit a current preliminary title report or Lot Book Guarantee for property overlying the Perkins Lane Dedication area to confirm the acceptability of the condition of title in advance of Closing. 6. Consideration. The Parties agree that Perkins Lane Dedication and Surplus Property are of equal value. The Perkins Lane Dedication provides a significant public benefit as a whole and constitutes adequate consideration for the property transferred, and no monetary consideration shall be exchanged. 7.b Packet Pg. 144 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7. “As-Is”; Environmental Indemnity Agreement. AS-IS, WHERE IS To the maximum extent permitted by law, Developers agree to accept the Surplus Property on an “as-is” and “where-is” basis, with all faults and any and all latent and patent defects, and without any representation or warranty, all of which City and its representatives hereby disclaim. As a material part of the consideration for the City’s agreement to enter into the Real Property Exchange Agreement, City shall be released, held harmless and indemnified by Developers and their successors and assigns, and completely protected, to the fullest extent possible under the law, from any and all claims, liabilities and obligations associated with the physical or environmental condition of Surplus Property and Developers and their successors and assigns, as transferees, shall accept all risks, liabilities and financial obligations arising from or relating to the physical and environmental condition of Surplus Property, regardless of the nature or degree of any defect in such condition. 8. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party regarding any default by the other party shall impair such right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring consent or approval shall not be deemed to waive or render unnecessary said party’s consent to or approval of any subsequent act of the other party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9. Legal Action. In addition to any other rights or remedies either party has under this Agreement, either party may take legal action to: (a) cure, correct or remedy any default by the other party; (b) compel specific performance of this Agreement; (c) obtain injunctive relief; or (d) obtain any other remedy consistent with the purpose of this Agreement. 10. Notices. Any notice, demand, request, consent, approval or communication under this Agreement shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed given (a) upon personal delivery or (b) forty-eight (48) hours from deposit of such notice in the United States mail, postage prepaid. To City: City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Attn: City Manager To Developers: California Coastal Investments, LLC 2436 Broad Street 7.b Packet Pg. 145 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) San Luis Obispo CA 93401 Vista Da Praia Investments, LP PO Box 1410 Arroyo Grande CA 93421 11. Agreement Assignment. Developers shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by a written instrument signed by both Parties. 14. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 15. Severability. Each term, covenant, condition or provision of this Agreement is intended to be severable. If any term, covenant, condition or provision contained in this Agreement is held to be invalid, void or illegal by any court of competent jurisdiction, such provision shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair o r invalidate any other term, covenant, condition or provision contained in this Agreement. If such term, covenant, condition or provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. 16. Interpretation. The paragraph headings of this Agreement are for reference and convenience only, are not made part of this Agreement and shall have no effect upon the construction or interpretation of any part hereof. The provisions of this Agreement shall be construed in a reasonable manner to implement the purposes of the Parties and of this Agreement. This Agreement shall be construed as if drafted jointly by City and Developers. 17. Indemnification. Developers shall defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees arising out of or related to the City’s approval of this Agreement. The City shall promptly notify Developers of any claim, action, or proceeding received by the City. 18. Entire Agreement. This Agreement represents the entire understanding of City and Developers as to the matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to the matters covered in this Agreement. 7.b Packet Pg. 146 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 19. Attorney’s Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers and representatives as of the date first set forth above. CITY OF SAN LUIS OBISPO, a California municipal corporation By: Katie Lichtig City Manager Pursuant to authority conferred by Resolution No. _______ ATTEST: By: ______________________________ Jon Ansolabehere Interim City Clerk APPROVED AS TO FORM: By: ______________________________ J. Christine Dietrick City Attorney DEVELOPERS CALIFORNIA COASTAL INVESTMENTS, LLC, a California Limited Liability Company ____________________________________ Rodessa A Newton, Member ____________________________________ Eric Newton, Member VISTA DA PRAIA INVESTMENTS, LP, a California Limited Partnership By: DC Property Investments, LLC A California limited liability company 7.b Packet Pg. 147 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) its General Partner _________________________ Dustin J. Pires, Manager _________________________ Cristina C. Pires, Manager By: Ezequiel F. Correia, Trustee of the Correia 2005 Living Trust Dated March 1, 2005 its Limited Partner _________________________ Ezequiel F. Correia, Trustee By Maria A. Cr. Correia, Trustee of the Correia 2005 Living Trust Dated March 1, 2005 its Limited Partner _________________________ Maria A. Cr. Correia, Trustee By: Ezequiel R. Correia its Limited Partner _________________________ Ezequiel R. Correia By: Rachel A. Correia its Limited Partner _________________________ Rachel A. Correia By: Dustin J. Pires 7.b Packet Pg. 148 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) its Limited Partner _________________________ Dustin J. Pires By: Cristina C. Pires its Limited Partner _________________________ Cristina C. Pires 7.b Packet Pg. 149 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) Exhibit A Legal Description of 2881 Broad (A.P.N.: 004-581-001) THAT PORTION OF LOT 1 OF YOAKUM POULTRY UNITS, ACCORDING TO MAP RECORDED MARCH 11, 1927, IN BOOK 3, PAGE 89 OF MAPS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT; THENCE SOUTH 32°29’ EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT, 90 FEET TO THE MOST EASTERLY CORNER OF SAID LOT; THENCE SOUTH 57°31’ WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT, 171 FEET; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT WHICH BEARS SOUTH 66°40’ WEST 163.5 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT; THENCE NORTH 66°40’ EAST ALONG SAID NORTHWESTERLY LINE OF SAID LOT, 163.5 FEET TO THE POINT OF BEGINNING. End of description. 7.b Packet Pg. 150 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) Exhibit B Legal Description of City Property LOT “A” OF TRACT NO. 1150, ACCORDING TO THE MAP THEREOF, RECORDED SEPTEMBER 10, 1986 IN BOOK 13 OF MAPS, AT PAGE 48, SAN LUIS OBISPO COUNTY RECORDS. End of description. 7.b Packet Pg. 151 Exhibit C 7.b Packet Pg. 152 Exhibit D 7.b Packet Pg. 153 Exhibit E RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 APN(s): The undersigned grantor(s) declare(s): DOCUMENTARY TRANSFER TAX □ computed on full value of property conveyed; or □ computed on full value less liens and encumbrances remaining at time of sale. □ Unincorporated Area □ City of ______________________ QUITCLAIM DEED FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the City of San Luis Obispo, a California municipal corporation hereby REMISE(S), RELEASE(S) and QUITCLAIM(S) to California Coastal Investments, LLC, a California Limited Liability Company and Vista Da Praia, LP, a California Limited Partnership a portion of Lot “A” of Tract No. 1150 in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map thereof, recorded September 10, 1986, in Book 13 of Maps, at Page 48, in the office of the County Recorder of said county, described as follows: [LEGAL DESCRIPTION OF SURPLUS PROPERTY] CITY OF SAN LUIS OBISPO, a California Municipal Corporation __________________________________ Katie Lichtig, City Manager Pursuant to City Council Resolution No. ______________________________ 7.b Packet Pg. 154 Exhibit F Recording Requested by and when recorded, return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE STREET RIGHT OF WAY (Perkins Lane) APN 004-581-001 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, California Coastal Investments, LLC, a California Limited Liability Company and Vista Da Praia, LP, a California Limited Partnership as OFFERORS, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and Charter City, as OFFEREE, an irrevocable easement for public street and utilities purposes upon, over, under and across a portion of certain property described as: That portion of Lot 1 of Yoakum Poultry Units, according to map recorded March 11, 1927, in Book 3, Page 89 of Maps, described as follows: Beginning at the most Northerly corner of said Lot; thence South 32°29’ East along the Northeasterly line of said Lot, 90 feet to the most Easterly corner of said Lot; thence South 57°31’ West along the Southeasterly line of said Lot, 171 feet; thence Northwesterly in a straight line to a point in the Northwesterly line of said Lot which bears South 66°40’ West 163.5 feet from the most Northerly corner of said Lot; thence North 66°40’ East along said Northwesterly line of said Lot, 163.5 feet to the point of beginning. Said irrevocable easement offer is described as follows: [LEGAL DESCRIPTION OF PERKINS LANE DEDICATION] IN WITNESS WHEREOF, OFFERORS hereunto caused its/their name(s) to be subscribed this day of ______________________, 20___. OFFERORS: CALIFORNIA COASTAL INVESTMENTS, LLC, a California Limited Liability Company _________________________ VISTA DA PRAIA INVESTMENTS, LP, a California Limited Partnership _________________________ 7.b Packet Pg. 155 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) Exhibit F (continued) CONSENT OF BENEFICIARY TO SUBORDINATE _____________________________________ is a Beneficiary under that certain Deed of Trust(s) dated _____________________, executed by _________________________________, Trustor, and recorded _________________________________ as Instrument Number(s) ___________________________ of Official Records in the Office of the County Recorder, County of San Luis Obispo, State of California. The Deed of Trust(s) encumber(s) the real property described in the attached offer. As the Beneficiary of said Deed of Trust(s), the undersigned hereby consents (a) to the execution and recordation of the attached Irrevocable & Perpetual Offer to Dedicate Street Right of Way, (b) to the execution and recordation of an easement to the City of San Luis Obispo, if the offer is accepted by the City, and (c) to subordinate the undersigned’s interest in the real property to the Irrevocable & Perpetual Offer to Dedicate Street Right of Way, and the easement. Date: _____________ ______________________________________ Beneficiary Date: _____________ ______________________________________ Beneficiary [Signatures of Beneficiaries must be notarized.] 7.b Packet Pg. 156 At t a c h m e n t : b - D r a f t R e a l P r o p e r t y E x c h a n g e A g r e e m e n t ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) R-2-S R-2-S R-1 C-R-SF R-2 R-1 R-1-PD R-2 R-3-PD C-S-SFC-R-SF C-S-S C-R-SF R-2-S C-S-SF R-1-PD C-R-SF C-S-PD C-R-SF B R O A D P E R K I N SSTONERIDG E VIC INITY MAP SBDV-1988-20152881 Broa d Street ¯ 7.c Packet Pg. 157 At t a c h m e n t : c - V i c i n i t y M a p ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) med dens res genl retaillow dens res serv man serv man serv m an B R O A D P E R K I N S S T O N E R I D G E M U T S U H IT O R-2-S R-2-S R-1 R-2 C-R-SF R-1-PD C-R-SF C-R-SF C-S-SF R-1-PD C-S-SF C-S-PD 635 639 643 670 631 630630 647 698 636 646 651 683 630 630 646 646 667 679 675 671 663 659 655 660638 2845 2871 29592959 2916 2800 2959 2881 2903 2900 2900 2959 2907 2911 2912 2916 2875 2845 1/2 7.d Packet Pg. 158 At t a c h m e n t : d - A e r i a l P h o t o g r a p h ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.e Packet Pg. 159 At t a c h m e n t : e - A s s e s s o r P a r c e l M a p ( L o t A ) ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.f Packet Pg. 160 At t a c h m e n t : f - M a p o f T r a c t 1 1 5 0 ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 161 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 162 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 163 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 164 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 165 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 166 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 167 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 168 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 169 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 170 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 171 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 172 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 173 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 174 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 175 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 176 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 177 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 178 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) 7.g Packet Pg. 179 At t a c h m e n t : g - A p p r a i s a l o f R e a l P r o p e r t y ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) Meeting Date: December 9, 2015 Item Number: 2 PLANNING COMMISSION AGENDA REPORT SUBJECT: A determination of whether the disposition and acquisition of property bordering a parcel at 2881 Broad Street Drive is in conformance with the City's General Plan ADDRESS: 2881 Broad Street BY: Walter Oetzell, Assistant Planner FILE: SUBDV-1988-2015 Phone: 781-7593 e-mail: woetzell@slocity.org FROM: Tyler Corey,Interim Deputy Director RECOMMENDATION: Adopt a resolution (Attachment 1), finding that the proposed property exchange is consistent with General Plan goals and policies. SUMMARY Applicant California Coastal Investments, LLC Representative Dustin Piers Application Filed October 29, 2015 Deemed Complete (pending) General Plan Medium Density Residential Zoning Medium-Density Residential, Special Considerations (R-2-S) Environmental Status Categorically exempt from CEQA Review (§ 15312-Surplus Property Sales) An application has been filed for the subdivision of one parcel, located between Stoneridge Drive and Perkins Lane, west of Broad Street, into four lots for single-family residential development. The parcel is somewhat irregular in shape, and is adjacent to a City-owned lot that runs along the southerly side of Stoneridge Drive (“Lot A”, as shown in Attachment 4). The boundary between the subject parcel and City lot travels diagonally at an angle to Stoneridge. The applicant wishes to obtain the property from the City in order to align the property boundary with Stoneridge Drive and to make the subject parcel more regular in shape. In exchange, the applicant would offer a portion of the subject parcel, along with certain public improvements, to the City to be incorporated into the public right-of-way along Perkins Lane. PC2 - 1 7.h Packet Pg. 180 At t a c h m e n t : h - P l a n n i n g C o m m i s s i o n R e p o r t a n d R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) SUBDV-1988-2015 (159 Broad) Page 2 COMMISSION PURVIEW Pursuant to Government Code § 65402, the Planning Commission will consider the disposition and acquisition of property as to conformity with the City’s General Plan. The determination of the Commission will be forwarded to the City Council as a recommendation on the exchange of a portion the City-owned lot along Stoneridge Drive for property and improvements along Perkins Lane. PROJECT INFORMATION Site Information and Setting The project site is a gently sloping parcel west of Broad Street and south of Stoneridge Drive. It is located in a Medium-Density Residential (R-2) Zone. The immediate area is characterized by commercial and residential development along Broad Street to the north, south, and east, and by lower-density residential development to the west, along Stoneridge Drive. It was previously developed with a single-family house that was recently demolished. Natural features are limited to several trees on the site. The north side of the site includes extensive shrub growth behind a retaining wall, with several tall palm trees in front of the wall, framing the entry to the Stoneridge development. A residential development sign advertising the Stoneridge development is installed at the corner of Broad and Stoneridge. The landscaping, trees, and sign for the entry to the Stoneridge subdivision are all contained on City-owned “Lot A” with the Stoneridge Homeowner Association responsible for maintenance of the landscaping and the sign. Minor Subdivision The subject parcel is proposed to be subdivided with a parcel map into four smaller parcels, as a minor subdivision (Subdivision Regulations § 16.08.010). It has been proposed as a Common Interest Subdivision (Sub. Regs. Ch. 16.17) wherein three of the four resulting parcels share a common driveway within an easement area. An application for architectural review of four single-family residences has also been submitted in conjunction with this application. The subdivision application will be decided by the Subdivision Hearing Officer, as provided in Subdivision Regulations § 16.04.030(A.1). Figure 1: South side of Stoneridge at Broad, including sign and wall PC2 - 2 7.h Packet Pg. 181 At t a c h m e n t : h - P l a n n i n g C o m m i s s i o n R e p o r t a n d R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) SUBDV-1988-2015 (159 Broad) Page 3 Property Exchange “Lot A” measures 3,956 square feet in area and is situated between the subject parcel (to be subdivided) and Stoneridge Drive. It was created by Tract 1150 (Stoneridge I), approved in 1986. It is a remnant non-buildable parcel that resulted from the need to align Stoneridge Drive perpendicular to Broad Street where they intersect. As the remnant was well outside the area needed for additional right-of-way, the developer of Stoneridge agreed to dedicate this extra land in fee to the City, with the intent that it be included with future development south of Stoneridge. The proposed exchange would transfer ownership of a portion of Lot A to the owner of the parcel at 2881 Broad Street, with a strip of land retained by the City for future widening of Stoneridge Drive. In return, the property owner would dedicate a portion of the parcel at 2881 Broad running along Perkins Lane, with improvements, to the City for use as public right-of-way. EVALUATION In considering conformity to the General Plan, evaluation is focused on the policies of the Land Use Element and the goals and policies of the Circulation Element as they apply to any need the City may have for Lot A in providing adequate vehicle and pedestrian circulation. Land Use Element (LUE) Neighborhood Connections: There should be continuous sidewalks or paths of adequate width [...] to provide continuous pedestrian paths throughout the City (§ 2.2.4). Compatible Development: New development shall match the typical range of setbacks used in areas adjacent to the project (§ 2.3.9(A)) Table 1: Property Exchange Lot A (Stoneridge) Original Size 3,956 sq. ft. Portion to owner 2,213 sq. ft. Portion retained 1,743 sq. ft. Offer to City (Perkins) 3,633 sq. ft. Figure 2: Configuration before (left) and after (right) proposed exchange PC2 - 3 7.h Packet Pg. 182 At t a c h m e n t : h - P l a n n i n g C o m m i s s i o n R e p o r t a n d R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) SUBDV-1988-2015 (159 Broad) Page 4 The proposed property exchange results in a parcel with a more regular and rectilinear shape, whose boundary more closely conforms to the neighborhood pattern. This allows for setbacks that more closely match those provided on the adjacent property. The property offered to the City along Perkins will be improved with curb, gutter, and sidewalk, enhancing the street and extending pedestrian network along the property frontage. The subject site will be developed for medium-density residential use in conformance to the use and density limitations associated with its designation in the General Plan for Medium Density Land Use. The layout and configuration of lots and the location and arrangement of structures on the property will be evaluated through the City’s subdivision and architectural review process for consistency with applicable regulations, policies, and guidelines set forth in the City’s General Plan, Subdivision Regulations, Zoning Regulations, and Community Design Guidelines. Circulation Element Stoneridge Drive and Perkins Lane are classified as Local Streets in Figure 1 (Streets Classification Diagram) of the Circulation Element. The site will be developed for medium-density residential use, and the adequacy of the circulation network in providing safe and efficient circulation for this type of development has been evaluated in the General Plan. Sidewalks and Paths: The City should complete a continuous pedestrian network connecting residential areas with major activity centers… (§ 5.1.2) Complete Streets: The City shall design and operate City streets to enable safe, comfortable, and convenient access and travel for users of all abilities including pedestrians, bicyclists, transit users, and motorists. The proposed property exchange would enhance the City’s goals for safe and efficient circulation in that it includes improvement of Perkins Lane with sidewalk, curbs, and gutters. Disposition of Lot A would not conflict with circulation goals because most of it is not needed for street purposes. A portion of the lot will, however, be retained by the City to allow for the future development of a “right-turn pocket” leading to Broad Street, should the need arise. DEVELOPMENT REVIEW The proposed property exchange has been reviewed by several City departments (Fire, Public Works, and Utilities). Review of the subdivision and architectural review applications by these departments is ongoing; however, they have identified no inconsistency between the proposed property exchange and relevant General Plan goals and policies. ENVIRONMENTAL REVIEW This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) because it involves the disposition of surplus property, as described in § 15312 of the CEQA Guidelines. PC2 - 4 7.h Packet Pg. 183 At t a c h m e n t : h - P l a n n i n g C o m m i s s i o n R e p o r t a n d R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) SUBDV-1988-2015 (159 Broad) Page 5 ALTERNATIVES 1. Find that the disposition of Lot A or acquisition of property offered by the owner of 2881 Broad conflicts with General Plan goals or policies, and recommend to the City Council that they do not approve the proposed property exchange. 2. Continue consideration of a determination of General Plan consistency to a future date, with specific direction to staff and the project applicant on pertinent issues or necessary information. ATTACHMENTS 1. Draft Resolution 2. Vicinity Map 3. Assessor Parcel Map depicting “Lot A” 4. Map of Tract 1150 5. Exhibit - Property disposition and acquisition 6. Aerial photograph PC2 - 5 7.h Packet Pg. 184 At t a c h m e n t : h - P l a n n i n g C o m m i s s i o n R e p o r t a n d R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) RESOLUTION NO. PC-####-15 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DETERMINING THAT DISPOSITION OF A PORTION OF A CITY-OWNED LOT AT THE SOUTHERLY EDGE OF STONERIDGE DRIVE AND ACQUISITION OF PROPERTY ALONG THE NORTHERLY EDGE OF PERKINS LANE, ADJACENT TO PROPERTY LOCATED AT 2881 BROAD STREET IS IN CONFORMANCE WITH THE GOALS AND POLICIES OF THE GENERAL PLAN (SUBDV-1988-2015) WHEREAS, California law requires a local planning agency to report on the location, purpose, and extent of an acquisition or disposition of real property as to conformity with an adopted General Plan; and 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 December 9, 2015, to consider the disposition and acquisition of property as part of a proposed minor subdivision, pursuant to a proceeding instituted under application SUBDV- 1988-2015, California Coastal Investments, LLC, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. Acquisition of property adjacent to Perkins Lane will enhance the pedestrian network by extending new sidewalk facilities of an appropriate width, which will provide a better connection between residential neighborhoods to activity centers along Broad Street. 2. Acquisition of property adjacent to Perkins Lane will facilitate development that matches the setbacks used along Perkins Lane by aligning the right-of-way and associated public improvements along the subject property with that of the adjacent property. 3. The proposed disposition and acquisition of property enhances the safety, comfort, and convenience of access and travel for pedestrians, bicyclists, transit users, and motorists by enabling the construction of improved street and sidewalk ATTACHMENT 1 PC2 - 6 7.h Packet Pg. 185 At t a c h m e n t : h - P l a n n i n g C o m m i s s i o n R e p o r t a n d R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d ) Resolution No. PC ####-15 Page 2 SUBDV-1998-2015 (2881 Broad) facilities along Perkins Lane and by retaining sufficient property along Stoneridge Drive to accommodate a future “right-turn pocket” leading to Broad Street. 4. The property proposed to be disposed of is not required for streets or other public right-of-way, and sufficient property is retained by the City adjacent to Stoneridge Drive to provide for street widening that may be needed in the future to meet circulation goals set forth in the Circulation Element of the General Plan. SECTION 2. Environmental Review The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), as it is a Minor Land Division, as described in §15315 of the CEQA Guidelines. SECTION 3. Action. The Commission hereby determines that the disposition of property along the southerly edge of Stoneridge Drive, west of Broad Street and the acquisition of property along the northerly edge of Perkins Lane, west of Broad Street, conforms to applicable goals and policies of the City’s General Plan. On motion by Commissioner ___________, seconded by Commissioner _____________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 9th day of December, 2015. _____________________________ Tyler Corey, Secretary Planning Commission ATTACHMENT 1 PC2 - 7 7.h Packet Pg. 186 At t a c h m e n t : h - P l a n n i n g C o m m i s s i o n R e p o r t a n d R e s o l u t i o n ( 1 2 3 9 : P r o p e r t y E x c h a n g e - 2 8 8 1 B r o a d )