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Home My WebLink About7/18/2017 Item 14, Cross (2) Christian, Kevin From:Brett Cross <brettcross@yahoo.com> Sent:Tuesday, July To:E-mail Council Website Subject:San Luis Ranch Term Sheet Dear Council Members, I hope you are as concerned about the following term as I am. "16. MORATORIUM a. No City-imposed moratorium or other limitation (whether relating to the rate, timing, or sequencing of the development or construction of all or any part of the Project, whether imposed by ordinance, initiative, resolution, policy, order, or otherwise, and whether enacted by the City Council, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued, or granted within City, or portions of City, following the approval of the Specific Plan, shall apply to the Project to the extent such moratorium or other limitation is in conflict with the Development Agreement; provided, however, the provisions of this Section shall not affect City’s compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations. By my interpretation once the Term Sheet is finalized that the development will be granted water and sewer rights regardless of any drought conditions or sewer capacity issues. Maybe I'm wrong. I certainly hope so, because I cannot believe that staff would recommend that the City forego the ability to enact a building moratorium if conditions require. "N-5(c). Froom Ranch Way Noise Barrier. A masonry noise barrier or alternative barrier, such as a landscaped berm, shall be installed along the southern property line of residential lots that abut Froom Ranch Way to protect outdoor activity areas (patios and pools) at these residences from sound intrusion from traffic along Froom Ranch Way. The noise barrier or berm shall provide, at minimum, a 6 foot high barrier between Froom Ranch Way and the neighboring residences from the final grade of whichever use (i.e., Froom Ranch Way or residences) has a higher final elevation. If a masonry noise barrier is implemented, tThe noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community Development Department by a qualified acoustical consultant certifying that the specific exterior noise reduction techniques included would achieve exterior noise levels that would not exceed 60 dBA CNEL. " I haven't looked but noise walls use to be addressed in the General Plan and they are discouraged unless no other feasible alternative is available. I find it hard to believe that there are not feasible alternatives. Lastly, I'm going to harp on this again. The mitigation plan is not consistent with the Environmental Review Document calculation of parkland requirements is 12.9 Acres, of which 6.5 acres is required to be neighborhood parkland. The In- Lieu amount although substantial isn't anywhere near the benefit the developer is receiving from the additional development potential. This is basically a give-a-way to the developer. "RECREATION Impact REC-1. The project would accommodate new residents in the City of San Luis 1 Obispo who will use existing and planned parks and recreation facilities. Provision of on-site parks and recreation facilities would not meet the adopted City parkland standard for the San Luis Ranch Specific Plan Area. Therefore, impacts to parks and recreational facilities would be Class II, potentially significant but mitigable. REC-1. Parkland In-lieu Fees. The project applicant shall pay parkland in-lieu fees in accordance with the City’s parkland in-lieu fee program for the parkland shortage. The project’s specific fee shall be determined by the City at the time of project approval, after accounting for parkland provided within the San Luis Ranch Specific Plan Area. The in-lieu fees collected from the project shall be directed to new projects or improvements to existing parks and recreation facilities within the City of San Luis Obispo parks system. With payment of the City’s required parkland in-lieu fees to ensure compliance with the policies and performance standards in the City’s General Plan as part of the project, impacts associated with parks and recreational facilities would be less than significant. Cumulative Recreation Impacts. The project would not meet the Citywide parkland standards and would exacerbate the exiting shortfall of parks and recreational facilities within the City. As a result, cumulative adverse physical effects on the environment from recreational development would be potentially significant, and the project’s contribution to this impact would be cumulatively considerable. With payment of the City’s required parkland in-lieu fees to ensure compliance with the policies and performance standards in the City’s General Plan as part of the project, required by Mitigation Measure REC-1, the project contribution to cumulative impacts associated with parks and recreational facilities would be reduced to a less than significant level. Implementation of required mitigation measures would reduce cumulative impacts to a less than significant level. " Sincerely, Brett Cross 1217 Mariners Cove San Luis Obispo, CA 2