HomeMy WebLinkAboutr 10512 approve revised tentative map & mods to map 2353RESOLUTION NO. 10512 (2014 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
APPROVING A REVISED VESTING TENTATIVE MAP AND
MODIFICATIONS TO CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE TRACT MAP 2353
(MOD /TR/ER 120 -13; 408 PRADO ROAD)
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 March 12, 2014, pursuant to a proceeding instituted under application
MOD /TR/ER 120 -13, Mangano Homes Inc., applicant, for the purpose of considering a request
for a revised tentative map and to amend conditions of approval for Vesting Tentative Tract Map
2353 for an approximately 30 -acre site located on the north side of Prado Road, east of South
Higuera Street; and
WHEREAS, the Planning Commission recommended that the City Council approve the
revised tentative tract map and proposed modified conditions of Vesting Tentative Tract Map
2353, as well as the Mitigated Negative Declaration of environmental impact; 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 April 15,
2014, for the purpose of considering the proposed revised map and modified conditions of
Vesting Tentative Tract Map 2353 originally approved through City Council Resolution No.
9777 (2006 Series); and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, the Council has duly considered all evidence, including the record of the
Planning Commission hearing and action, testimony of interested parties, and the evaluation and
recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings in support of the request to revise the tentative tract map and modify
conditions of approval for Vesting Tentative Tract Map 2353:
1. The proposed condition modifications are reasonably necessary to allow for the construction
of Prado Road improvements to serve the Western Enclave Development in the Margarita
Area Specific Plan given financing considerations and projected traffic levels.
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2. The design of the revised vesting tentative tract map is consistent with the General Plan
because the proposed subdivision respects existing site constraints (slope, creeks, wetlands,
significant trees), improves drainage conditions, will incrementally add to the City's
residential housing inventory, result in parcels that meet density standards, and will be
consistent with the density and lot sizes established by the Margarita Area Specific Plan.
3. The site is physically suited for the proposed type of development allowed in the R -1 -SP, R-
2-SP, and O -SP zones.
4. The design of the subdivision will not conflict with easements for access through (or use of
property within) the proposed subdivision.
5. The City Council finds that the project will not have a significant adverse impact on the
environment as documented in the Mitigated Negative Declaration prepared for the project
with incorporation of the mitigation measures and monitoring program being incorporated
into the project, as listed herein in Section 2. The proposed modifications to conditions do
not conflict with approved mitigation measures and are consistent with previous
environmental studies for the extension of Prado Road.
6. Several Environmental Impact Reports have been certified that included the Prado Road
extension, including the 1994 Land Use and Circulation Elements, the 2000 Amendment to
the Circulation Element, and the Airport and Margarita Specific Plans. These EIRs have
analyzed the impacts associated with adding the road to the circulation system and
Circulation Element and its current alignment. Project specific impacts were addressed in
each environmental document prepared for Vesting Tract Maps.
SECTION 2. Environmental Review. The City Council adopted the project's Mitigated
Negative Declaration on March 7, 2006, which incorporated mitigation measures and monitoring
programs into the project. In addition, the Tiered Initial Study and Draft Mitigated Negative
Declaration prepared for the current revisions request (ER- 120 -13) brings forth additional
mitigation measures for impacts related to traffic. The following mitigation measures will
supersede in their entirety the previously approved mitigation measures approved by Council
Resolution No. 9777 (2006 Series). The following mitigation measures incorporate the originally
approved mitigation measures that are still applicable to this project along with the changes
necessitated by the proposed revisions to the project.
Mitigation Measures:
Reduction of Light and Glare
1. In order for MASP /AASP EIR Mitigation Measure LU -7.1 as implemented by the MASP to
be carried through to lot- specific development stage, a lighting plan that demonstrates
compliance with Community Design Section 3.3 Lighting requirements of the MASP shall
be submitted with other required plans for both the residential and commercial components
of the project to the review and approval of the Architectural Review Commission (ARC).
The lighting plan shall propose specific measures to limit the amount of light trespass
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associated with development within the project area including shielding and /or directional
lighting methods to ensure that spillover light does not exceed 0.5 foot - candles at adjacent
property lines.
Monitoring Program: The ARC will review development plans for both the
residential and commercial components of the project. City staff, including
Planning and other departments, will review plans to assure that all of the ARC's
requirements related to lighting and compliant with the MASP provisions have
been incorporated into working drawings. City building inspectors will be
responsible for assuring that all lighting is installed pursuant to the approved
lighting plan.
Preparation and Implementation of "Comprehensive Biological Mitigation Program"
2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a
combination of on- and off -site mitigation, approved by the City, the DFW and the Army
Corps of Engineers. Further, in compliance with the MASP /AASP EIR, the adjacent VTM
#2342 proposes the creation of Lot 64 in an area designated by the MASP for "Open Space -
Riparian" for the express purposes of achieving some of the necessary wetlands replacement
mitigation area, as well as preservation of related biological habitat benefits.
3. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult
to establish. City staff will work with the project sponsors in developing the details of the
effort. Congdon Tarplant. Create compensating habitat in a suitable off -site location
approved by the City.
4. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of
construction activities; avoid construction activities within 100 feet of active nest sites, or
within 300 feet for raptor nests, until after young have fledged.
5. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation
program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands
outside the bounds of the Western Enclave (designated by the MASP as "Open Space
Riparian" lands). The targeted property (lying south of Prado Road and owned by Prado Park
LLC) is a low lying area that already naturally collects some area run -off and provides
valuable habitat for certain special concern and R -T -E (rare, threatened, and endangered)
species, and thus is beneficial to retain in its natural state. Pre - development run -off has
resulted in seasonal flooding of Prado Road due to the currently deficient
collection/distribution system to this natural drainage area south of Prado Road. The Western
Enclave applicants propose to acquire this off -site property designated for open space use by
the MASP and utilize it beneficially for biological mitigation as well as a detention basin for
pre- and post - Western Enclave development generated run -off. It is proposed that this basin
be enhanced to accommodate the greater project - generated and pre - project run -off flows, and
to increase its habitat value in the long term. The basin is proposed to be held and maintained
by a Home Owners Association (HOA) established initially for the Western Enclave area,
and perhaps ultimately for the entire MASP as stipulated be done by the MASP.
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Monitoring Program: Prior to approval of the final map, the applicant shall
contact the City Natural Resource Manager for review and approval of the final
lot and street design to assure that on -site natural resources are protected and
preserved to the greatest extent required by the mitigation measures and
consistent with requirements of the MASP and MASP I AASP EIR. Said design
shall also be consistent with approvals required subsequent to this Tentative Map
from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any
site preparation or construction activities, the applicant shall also initiate and
complete for approval by the City pre- construction surveys for nesting birds and
adhere to performance standard specified in the mitigation. Provisions for
required off -site mitigation shall be coordinated with and approved by the City
Natural Resource Manager prior to recordation of the Final Map. Periodic field
inspections by City Staff during construction will be necessary to assure site
development conforms to mitigation measures and conditions of approval.
Preparation of Phase II Archaeological Subsurface Survey
6. In order to achieve complete mitigation for the archaeological resource found on the subject
site, this survey is required if the site cannot be avoided. The Phase II survey is to determine
if significance criteria of CEQA and /or NRHP are met. The survey must be completed and
results submitted to City for determination whether mitigation measures below, as specified
in EIR, are needed.
1) A data recovery program consisting of archaeological excavation to retrieve the
important data from the archaeological site;
2) Development and implementation of public interpretation plans for both prehistoric
and historic sites;
3) Preservation, rehabilitation, restoration, or reconstruction of' historic structures
according to the Secretary of Interior Standards for Treatment of Historic Properties;
4) Construction of new structures in a manner consistent with the historic character of
the region; and
5) Treatment of historic landscapes according to the Secretary of Interior Standards for
Treatment of Historic Landscapes.
If the project involves a federal agency, and is therefore subject to a MOA, the inventory,
evaluation, and treatment processes will be coordinated with that federal agency to
ensure that the work conducted will also comply with Section 106 of the National
Historic Preservation Act.
Preparation and Implementation of a "Construction- Related Hazardous Materials
Management Plan"
7. As stipulated in the MASP / AASP EIR, this would be a plan identifying, when they are
known, site /development - specific construction activities that will involve the hazardous
materials. The plan shall be prepared before construction activities begin that involve
hazardous materials and shall discuss proper handling and disposal of materials used or
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produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also
outline a specific protocol to identify health risks associated with the presence of chemical
compounds in the soil and /or groundwater and identify specific protective measures to be
followed by the workers entering the work area. If the presence of hazardous materials is
suspected or encountered during construction- related activities, the project proponent will
cause Mitigation Measure HAZ -1.2 to be activated. Mitigation Measure HAZ -1.2 states:
"The project proponent will complete a Phase I environmental site assessment for each
proposed public facility (e.g. streets and buried infrastructure). If Phase 1 site assessments
indicate a potential for soil and/or groundwater contamination within or adjacent to the road
or utility alignments, a Phase H site assessment will be completed. The following Phase H
environmental site assessments will be prepared specific to soil and/or groundwater
contamination.
a. Soil Contamination. For soil contamination, the Phase II site assessment will
include soil sampling and analysis for anticipated contaminating substances. If
soil contamination is exposed during construction, the San Luis Obispo Fire
Department (SLOFD) will be notified and a work plan to characterize and
possibly remove contaminated. soil will be prepared, submitted and approved.
b. Groundwater Contamination. For groundwater contamination, the Phase H
assessment may include monitoring well installation, groundwater sampling, and
analysis for anticipated contaminating substances. If groundwater contaminated
by potentially hazardous materials is expected to be extracted during dewatering,
the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to
dispose of contaminated groundwater will be developed in agreement with the
SLOFD and Central Coast RWQCB. "
Monitoring Program: The "Construction- Related Hazardous Materials
Management Plan" will be required to be submitted to the City Community
Development Department and Fire Department for review prior to
commencement of any site preparation or construction work involving hazardous
materials. No site preparation or construction work may commence before said
plan has been approved by the City. Any site work commenced without City
approval of said Plan will be subject to "Stop Work" (cease and desist) orders as
may be issued under the authority of the City Fire Department.
Preparation and Implementation of an "Operations- Related Hazardous Materials
Management Plan"
8. As stipulated in the MASP/ AASP EIR, this would be a plan prepared by a project proponent
identifying hazardous materials management practices as might be required by state and local
laws and regulations regarding delivery, use, manufacture, and storage of any such regulated
materials might be present On site for any operations- related activities. This plan would
identify the proper handling and disposal of materials uses or produced onsite, such as
petroleum products, concrete, and sanitary waste. By the filing of said Plan, the City Fire
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Department will be on notice to provide regular and routine fire and life - safety inspections to
determine compliance with applicable health and safety codes.
Monitoring Program: The "Operations- Related Hazardous Materials Management
Plan" will be required to be submitted by a project proponent to the City
Community Development Department and City Fire Department for review prior
to the establishment of any operations - related activities.
Air Quality
9. AQ -1 Fugitive Dust Control Measures. The proposed project shall implement the
following dust control measures so as to reduce PM 10 emissions in accordance with
SLOAPCD requirements.
a) Reduce the amount of the disturbed area where possible;
b) Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Increased watering frequency would be
required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water
should be used whenever possible;
c) All dirt stock pile areas should be sprayed daily as needed;
d) Permanent dust control measures identified in the approved project revegetation
and landscape plans should be implemented as soon as possible following
completion of any soil disturbing activities;
e) Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading should be sown with a fast germinating, non - invasive
grass seed and watered until vegetation is established;
f) All disturbed soil areas not subject to revegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD;
g) All roadways, driveways, sidewalks, etc. to be paved should be completed as
soon as possible after grading unless seeding or soil binders are used;
h) Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site;
i) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section 23114;
j) Install wheel washers where vehicles enter and exit unpaved roads onto streets,
or wash off trucks and equipment leaving the site;
k) Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible;
1) All of these fugitive dust mitigation measures shall be shown on grading and
building plans; and
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m) The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below 20
percent opacity, and to prevent transport of dust offsite. Their duties shall include
holidays and weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD Compliance
Division prior to the start of any grading, earthwork or demolition.
10. AQ -2 Construction Equipment. The proposed project shall implement the following
emissions control measures so as to reduce diesel particulate matter in accordance with
SLOAPCD requirements.
• Maintain all construction equipment in proper tune according to manufacturer's
specifications;
• Fuel all off -road and portable diesel powered equipment with ARB certified
motor vehicle diesel fuel (non -taxed version suitable for sue off - road);
• Use diesel construction equipment meeting ARB's Tier 2 certified engines or
cleaner off -road heavy -duty diesel engines, and comply with the State Off -Road
Regulation;
• Use on -road heavy -duty trucks that meet the ARB's 2007 or cleaner certification
standard for on -road heavy -duty diesel engines, and comply with the State On-
Road Regulation;
• Construction or trucking companies with fleets that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g.
captive or NOx exempt area fleets) may be eligible by proving alternative
compliance;
• All on and off -road diesel equipment shall not idle for more than 5 minutes.
Signs shall be posted in the designated queuing areas and or job sites to remind
drivers and operators of the 5 minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors is not permitted;
• Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
• Electrify equipment when feasible;
• Substitute gasoline - powered in place of diesel - powered equipment, where
feasible; and
• Use alternatively fueled construction equipment on -site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or
biodiesel.
11. AQ -3 Asbestos Dust Mitigation Plan. The applicant shall prepare an Asbestos Dust
Mitigation Plan in accordance with the requirements set for by ACTM to ensure that
asbestos does not create a significant health risk to construction workers and sensitive
receptors. The Asbestos Dust Mitigation Plan shall be implemented at the beginning and
maintained throughout the duration of the construction or grading activity. The Asbestos
Dust Mitigation Plan must specify dust mitigation practices which are sufficient to
ensure that no equipment or operation emits dust that is visible crossing the property
line, and must include one or more provisions addressing each of the following topics.
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A. Track -out prevention and control measures which shall include:
1. Removal of any visible track -out from a paved public road at any
location where vehicles exit the work site; this shall be
accomplished using wet sweeping or a HEPA filter equipped
vacuum device at the end of the work day or at least one time per
day; and
2. Installation of one or more of the following track -out prevention
measures:
i. A gravel pad designed using good engineering practices to
clean the tires of exiting vehicles;
ii. A tire shaker;
iii. A wheel wash system;
iv. Pavement extending for not less than fifty (50) consecutive feet
from the intersection with the paved public road; or
v. Any other measure as effective as the measures listed above.
B. Keeping active storage piles adequately wetted or covered with tarps.
C. Control for disturbed surface areas and storage piles that will remain
inactive for more than seven (7) days, which shall include one or more of
the following:
1. Keep the surface adequately wetted;
2. Establishment and maintenance of surface crusting sufficient to
satisfy the test in subsection (h)(6);
3. Application of chemical dust suppressants or chemical stabilizers
according to the manufacturers' recommendations;
4. Covering with tarp(s) or vegetative cover;
5. Installation of wind barriers of fifty (50) percent porosity around
three (3) sides of a storage pile;
6. Installation of wind barriers across open areas; or
7. Any other measure as effective as the measures listed above.
D. Control for traffic on on -site unpaved roads, parking lots, and staging
areas which shall include
1. A maximum vehicle speed limit of fifteen (15) miles per hour or
less; and
2. One or more of the following:
i. Watering every two hours of active operations or sufficiently
often to keep the area adequately wetted;
ii. Applying chemical dust suppressants consistent with
manufacturer's directions;
iii. Maintaining a gravel cover with a silt content that is less than
five (5) percent and asbestos content that is less than 0.25
percent, as determined using an approved asbestos bulk test
method, to a depth of three (3) inches on the surface being used
for travel; or
iv. Any other measure as effective as the measures listed above.
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E. Control for earthmoving activities which shall include one or more of the
following:
1. Pre - wetting the ground to the depth of anticipated cuts;
2. Suspending grading operations when wind speeds are high enough
to result in dust emissions crossing the property line, despite the
application of dust mitigation measures;
3. Application of water prior to any land clearing; or
4. Any other measure as effective as the measures listed above.
F. Control for Off -Site Transport. The owner / operator shall ensure that no
trucks are allowed to transport excavated material off -site unless:
1. Trucks are maintained such that no spillage can occur from holes
or other openings in cargo compartments; and
2. Loads are adequately wetted and either:
i. Covered with tarps; or
ii. Loaded such that the material does not touch the front,
back, or sides of the cargo compartment at any point less
than six inches from the top and that no point of the load
extends above the top of the cargo compartment.
G. Post Construction Stabilization of Disturbed Areas. Upon completion of
the project, disturbed surfaces shall be stabilized using one or more of the
following methods:
1. Establishment of a vegetative cover;
2. Placement of at least three (3.0) inches of non - asbestos - containing
material;
3. Any other measure deemed sufficient to prevent wind speeds of ten
(10) miles per hour or greater from causing visible dust emissions.
H. Air Monitoring for Asbestos (If Required by the SLOAPCD).
1. If required by SLOAPCD, the plan must include an air - monitoring
component.
2. The air monitoring component shall specify the following:
i. Type of air sampling device(s)
ii. Siting of air sampling device(s);
iii. Sampling duration and frequency; and
iv. Analytical method.
I. Frequency of Reporting: The plan shall state how often the items specified
in subsection (e)(5)(B), and any other items identified in the plan, will be
reported to the district.
Transportation /Traffic
The mitigation measures listed below will mitigate potential impacts to a less than significant
level. Mitigation Measures T -01, T -02, & T -03 are new recommended mitigation measures,
while Mitigation Measure T -04 is from prior MND ER 66 -05.
12. T -01 Impact Fees. The applicant shall pay traffic impact fees that are in effect at the
time of building permit issuance. If at the time of building permit issuance the City's
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TIF has not been amended to accommodate the improvements to the South
Higuera/Prado and South Higuera/Tank Farm intersections as identified in the traffic
study performed by Central Coast Transportation Consulting dated January 6, 2014, or
Prado Road has not been connected to Broad Street, the applicant will be responsible for
paying a pro rata share of said improvements subject to approval of the City's Public
Work Director.
13. T -02 Traffic Mitigation. The subdivider shall re- stripe the southbound left turn lane
and install pedestrian countdown heads at the South Higuera/Prado intersection as
identified in the traffic study performed by Central Coast Transportation Consulting
dated January 6, 2014.
14. T -03 Margarita Neighborhood. Pursuant to the Margarita Area Specific Plan, traffic
volume and speeds shall be monitored after development. Prior to final map recordation,
the Subdivider shall deposit a faithful performance security in the amount of $130,000 to
retain a qualified traffic consultant to conduct traffic counts and speed measurements on
Margarita Avenue and on streets within and in the vicinity of the subdivision. The
counts and measurements will be conducted one -year after final occupancy of complete
build -out of the subdivision or acceptance of public improvements, whichever occurs
later. The locations of the counts and measurements shall be approved by the Public
Works Director. If the traffic volumes or speeds exceed City standards, the $130,000
security will be retained by the City to guarantee that Subdivider installs additional
City- approved traffic calming measures to reduce volume and speeds to comply with
City standards.
- Monitoring Program:
Community Development and Public Works staff will oversee impact fee payments,
traffic consultant counts and measurements, and review required restriping plans.
15. T -04 Preparation and Implementation of "Traffic Reduction Program." In order
for MASP /AASP EIR Mitigation Measure T -2.1 adopted with the certification of the
MASP /AASP EIR in conjunction with the approval of the AASP in August, 2005 (Ref.
City Council Resolution No. 9726, 2005 Series) to be brought forward to this site specific
project stage, a transportation demand management program that demonstrates reduction
of peak period travel by single- occupant vehicles shall be required of any employer
within the subdivision with 25 or more employees. Said program shall incorporate all
reasonably feasible measures or techniques, including those listed in the MASP /AASP
EIR/General Plan Circulation, that encourage alternate modes other than single- occupant
vehicles as the primary mode of transportation to the workplace and to travel during non -
peak times.
- Monitoring Program:
Each business owner, upon employment of 25 or more employees, shall immediately
prepare and submit, obtain approval from the City Public Works Director and
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implement the provisions of a Traffic Reduction Plan which demonstrates reduction of
peak period travel consistent with requirements of the City General Plan Circulation
Element Policies and Programs. City Staff shall periodically inspect the business to
observe and assure that reduction techniques approved by the City are in place and
adhered to by the business. Staff shall take any corrective or enforcement actions
authorized by law to achieve compliance.
SECTION 3. Action. The City Council hereby approves the revised tentative tract map
and requested modifications to conditions of Vesting Tentative Tract Map 2353. The following
conditions will supersede in their entirety the previously approved conditions approved by
Council Resolution No. 9777 (2006 Series) on March 7, 2006, and the amended conditions
approved by Planning Commission Resolution No. PC 5565 -11 on September 28, 2011. The
following conditions incorporate the originally approved conditions that are still applicable to
this project along with the changes necessitated by the proposed revisions to the project.
Streets:
The subdivider shall construct full improvements on the north half of Prado Road along the
frontage of each phase of the final map. The improvements on the north half shall include a
minimum of two lanes of Prado Road, bike lane, curb, gutter, sidewalk, utilities, storm
drainage, landscaping, street lights, and a center median. The subdivider shall provide a
minimum of one lane and a bike lane on the south half of Prado Road. The subdivider shall
reconstruct deficient pavement on the south half of Prado Road to provide sufficient structural
support for long -term use as approved by the Public Works Director. The improvement plans
for Prado Road shall be based on final design drawings for the MASP build -out of Prado Road to
the satisfaction of the Public Works Director.
a. Appropriate transitions, as approved by the Public Works Director, shall be provided
between the new improvements and the existing improvements, including access to
existing driveways. Access to existing driveways may be restricted to right -in
right -out as approved by the City.
b. Access to the Damon - Garcia property east of Tract 2353 shall be provided at a
location approved by the City and property owners.
c. The subdivider may submit a reimbursement proposal for the costs associated with
the design and construction of the north half of Prado Road. Subject to final approval
by the City, the proposal may include fee credits and /or other appropriate
mechanisms that may be applied against Margarita Area Add On Transportation
Impact Fees and Margarita Area Specific Plan Add On Park Impact Fees as
development occurs.
d. Prior to final map recordation, the property owner shall enter into an agreement
waiving his /her /their rights to oppose formation of an assessment district to fund the
portion of the MASP transportation improvements which are not funded by MASP
transportation impact fees. The agreement shall be binding on all future owners and
shall run with the land. In lieu of the agreement, prior to map recordation the
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property owner may pay an amount approved by the City to cover their share of the
unfunded amount.
e. Prior to final map recordation, the subdivider shall submit a separate irrevocable offer
of dedication for public street purposes for all connecting streets to provide access
from VTM 2428 to Prado Road. The offer will be recorded in the event that the Tract
2353 public improvements have not yet been accepted by the City, but access is
needed for VTM 2428.
f. Prior to map recordation, the subdivider shall submit exhibits for Council
consideration of a plan line for Prado Road across the properties on the south side of
Prado Road to ensure development on the south side adheres to the ultimate
right -of -way of Prado Road.
2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall
be paid prior to issuance of each building permit, subject to any approved reimbursement
agreements.
3. The public improvement plans for VTTM 2353, VTTM 2428 and VTTM 2342 shall
consider the proposed or required phasing to be completed by the combined development
known as Margarita Area Specific Plan western enclave. The public improvement plans for
each subdivision shall include any offsite improvements as considered necessary by the
Director of Public Works to provide a reasonable transition between the subdivisions in the
case that one project is developed before another. The scope of required improvements shall
be approved to the satisfaction of the Public Works Director. Pursuant to Section 16.20.110
of the City Municipal Code, the subdivider may be eligible for reimbursement for
improvements that are in excess of the construction required for the subdivision, including,
but not limited to storm drainage, sewer, water and power.
4. The final subdivision design and improvements shall comply with the Margarita Area
Specific Plan and all other City of San Luis Obispo Design Standards, Engineering
Standards and Standard Plans and Specifications. The subdivision improvement plans and
the Prado Road improvement plans shall be approved by the City prior to final map
recordation.
5. The final design, location, and number of traffic calming measures including bulb -outs,
choke - downs, tabletops, roundabouts, neck - downs, etc. Shall be reviewed and approved by
the Public Works Director. Plans submitted for review shall include a truck turning diagram
demonstrating a truck's ability to negotiate the traffic calming features. Additional or
alternative traffic control measures may be required to comply with' the Specific Plan
objective to "foster traffic volumes and speeds that will be compatible with the
neighborhood."
6. The tentative map is amended as follows:
a. The tract boundary shown on the tentative map is not correct. The final map shall
reflect the correct tract boundary, lot sizes, and Prado Road dedications.
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b. Delete Margarita Avenue from the 60' right -of -way typical street section and add
Aster Street.
c. The typical street section for Margarita Avenue and Prado Road shall be in
conformance with the MASP, unless otherwise approved by the Public Works
Director.
d. Width of the bike /ped trails shall be as approved by the Public Works Director.
e. Alley easements are to be measured to the back of curb.
f. The alley width across Lots 1 and 2 shall be a minimum of 24'
g. The alley width serving Lots 46 to 49 and Lot 134 shall be a minimum of 20'.
h. A 15' PUE and Street Tree easement is required along all commercial frontage.
i. Lots 1 through 6 are incorrectly labeled as single- family on the Lot Table.
j. A bulb -out shall be provided at the intersection of Aster and Ceanothus.
k. Directional arrows on the section lines for the CMU walls and Gravity Walls are
facing the wrong direction.
1. The final configuration of the Margarita roundabout shall be as required by the Public
Works Director.
m. Driveways and alleys in the vicinity of the roundabout median islands shall be
relocated to provide unimpeded left turn ingress /egress. Shared driveways may be
required to meet this requirement.
7. The subdivision design shall include directional curb ramps wherever possible. The
inclusion of bulb -outs at directional curb ramp locations is encouraged to decrease the
roadway width to be crossed by a pedestrian.
8. The subdivision design shall include curb extensions at locations where on- street parking
needs to be restricted for sight visibility reasons.
9. The subdivider shall dedicate easements and construct alleys and streets to full -width
adjacent to all lots being created in each phase.
10. Common areas, landscaped parkways and Class I pathways (other than Prado Road) shall be
owned and maintained in perpetuity for public use by a Homeowner's Association. Water
meters for common landscape areas including but not limited to parkways, medians,
roundabouts and pathway corridors are subject to water impact fees and shall be paid for by
the subdivider.
Resolution No. 10512 (2014 Series)
Page 14
11. All lots with alley access shall have vehicular access denial shown on the map for the public
streets fronting those lots, including Lots 46, 47, 48, 49, and 134.
On & Off -Site Improvements:
12. With respect to all off -site improvements, prior to filing of the Final Map, the Subdivider(s)
shall either:
a. Clearly demonstrate their right to construct the improvements by showing title or interest
in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
property required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462.5 to do so, if
necessary. Subdivider shall also enter into an agreement with the City to pay all costs of
such acquisition including, but not limited to, all costs associated with condemnation.
Said agreement shall be in a form acceptable to the City Engineer and the City Attorney.
If condemnation proceedings are required, the Subdivider shall submit, in a form
acceptable to the City Engineer, the following documents regarding the property to be
acquired.
1) Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
2) Preliminary title report including chain of title and litigation guarantee;
3) Appraisal of the property by a City approved appraiser. In the course of obtaining
such appraisal, the property owner(s) must be given an opportunity to accompany
the appraiser during any inspection of the property or acknowledge in writing that
they knowingly waived the right to do so;
4) Copies of all written correspondence with off -site property owners including
purchase summary of formal offers and counter offers to purchase at the appraised
price.
5) Prior to submittal of the aforementioned documents for City Engineer approval,
the Subdivider shall deposit with the City all or a portion of the anticipated costs,
as determined by the City Attorney, of the condemnation proceedings. The City
does not and cannot guarantee that the necessary property rights can be acquired
or will, in fact, be acquired. All necessary procedures of law would apply and
would have to be followed.
13. The final subdivision design shall incorporate stormwater quality Best Management
Practices (BMPs) with the most current edition of the Engineering Standards, shall be
Resolution No. 10512 (2014 Series)
Page 15
designed to treat the stormwater runoff from all developed surfaces excluding rooftops but
including all private and public streets, and shall be subject to the approval of the City
Engineer.
14. The final design of any stormwater detention or treatment facilities shall incorporate all
recommendations from the final geotechnical report into the design of said facilities. The
final geotechnical report shall address the effect, if any, of detaining stormwater in close
proximity to the existing soil contamination.
15. The design of any stormwater facilities shall be in compliance with the Waterway
Management Plan Drainage Design Manual requirement for construction.
16. The subdivider shall secure the rights for the regional stormwater detention basin in a form
acceptable to the Bureau of Real Estate and the City prior to or concurrently with the
recordation of the first final map. The stormwater detention basin shall be
privately- maintained. Should the subdivider be unsuccessful in acquiring the rights to the
basin for storm drainage capacity, the subdivider shall revise the map and plans to
accommodate appropriately -sized on -site detention of stormwater pursuant to the City's
Waterway Management Plan Drainage Design Manual. Alternately, the City may elect, but
is not obligated, to secure the rights on behalf of the public. All costs associated with
securing said rights, including any necessary eminent domain process, shall be borne by the
subdivider.
17. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway
curb cuts in the subdivision and increase the provision of on- street parking.
18. When a Class 1 bicycle path provides access across a public street, choke - downs, curb
ramps, and signage shall be provided and the street crossing shall be designed to direct
pedestrians across the roadway in a perpendicular manner.
19. Prior to final map approval, details of the proposed roadway choke -downs shall be provided.
Choke -downs adjacent to open space corridors shall be lengthened to include the entire
length of the open space corridor.
20. Prior to final map approval, the landscaped roundabout proposed at the terminus of
Margarita Avenue shall be designed to comply with Caltrans Standards Design Information
Bulletin 80 and FHWA roundabout guidelines and address pedestrian and bicycle crossing
areas. The proposed roundabout shall be landscaped and maintained by the homeowner's
association.
21. Due to the potential circulation conflicts given the lot's proximity to the proposed
roundabout, the subdivider shall dedicate vehicular access rights to the City of San Luis
Obispo for proposed Lot 32 onto Cherry Lane and said access restriction shall be shown on
the Final Map.
22. The final map shall include an irrevocable offer of dedication to the public for road purposes
across that portion of Lot 6 as necessary to provide an alternative alignment of Prado Road
Resolution No. 10512 (2014 Series)
Page 16
to the satisfaction of the Public Works Director. Said offer and final map shall recognize
access restrictions to Prado Road from Lot 6.
23. Prior to final map approval, Aster Street shall be designed and constructed to comply with
City standards which at a minimum include half - street improvements plus 12 feet. Off -site
improvements, temporary construction easements or slope bank easements may be required
in order to complete the necessary improvements.
24. Prior to final map approval, the design and location of the bus pullouts on Junipero Way
shall be coordinated with Tract 2342 and approved by the Public Works Director. Plans
submitted for review shall include a bus turning diagram demonstrating a bus's ability to
negotiate the turnout. The final design shall also include bus stop improvements and indicate
how access to adjacent parcels is provided. Unless otherwise approved by the Public Works
Director, the eastbound bus pullout shall be located on Junipero Way west of Cherry Lane
and the westbound bus pullout shall be located on Junipero Way east of Cherry Lane.
25. The Prado Road cross section shall be designed to comply with the MASP. The metric
conversions shall be as approved by the Public Works Director.
26. Private alleys shall be designed for use by emergency vehicles and garbage trucks and shall
be located within a public access easement. Sewer and storm drain lines within the private
alleys shall be privately- maintained. The subdivider shall show the alleys within a public
access easement on the Final Map.
27. Vehicular access rights along Prado Road shall be dedicated to the City.
28. The subdivider shall install private street lighting along the private internal streets per City
standards and off -site public street lighting along Prado Road leading to and from the
development, as determined by the Director of Public Works. All public street lighting on
Prado Road and on the other public streets shall be LED lighting per the most current or
interim City standards. The public street lighting installed by the developer shall include the
luminaires as well as all wiring and conduit necessary to energize the light standards from
PG &E's point of service.
Water, Sewer & Utilities:
29. The subdivider's engineer shall submit water demand and wastewater generation
calculations so that the City can make a determination as to the adequacy of the supporting
infrastructure.
30. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the
Utilities Engineer.
31. The water mains, sewer mains, and sewer force mains when attached or included with a
bridge, shall be sleeved and encased within the bridge structure or located above the lowest
point so as to protect the pipelines from the high water flow.
Resolution No. 10512 (2014 Series)
Page 17
32. Sewer backwater valves may be required on some lots. The subdivider's engineer shall
apply the City's criteria to the design to determine which lots will need backwater valves on
the sewer laterals, per City and UPC standards.
33. In areas where the pressure in the water system exceeds 80 psi, the service line shall include
a pressure regulator downstream of the water meter, where the water service enters the
building.
34. The sewer and water mains shall be located approximately 6' on either side of the street
centerline. All final grades and alignments of all public water, sewer and storm drains
(including service laterals and meters) are subject to modifications to the satisfaction of the
Public Works Director and Utilities Engineer.
35. The subdivision layout and preliminary utility plans shall include provisions for irrigating
common areas, parks, detention basins, and other large landscape areas with recycled water.
Appropriately sized reclaimed water mains shall be designed and constructed from the
City's trunk system to these irrigation areas. If other use areas exist beyond the proposed
subdivision, the mains shall be appropriately sized to provide for future use areas and
extended to the boundary of the tract. If reclaimed water is not available at the time the
recycled water is needed, the system shall be designed and constructed to reclaimed water
standards, and temporarily connected to the City's potable water system in the area of the
anticipated connection to the reclaimed water system.
Grading & Drainage:
36. The final grading plan shall include provisions to comply with the soils engineer's
recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck
access. The soils engineer shall supervise all grading operations and certify the stability of
the slopes prior to acceptance of the tract and /or issuance of building permits.
37. Clearing of any portion of the existing creek and drainage channels, including any required
tree removals, and any necessary erosion repairs shall be to done the satisfaction of the
Public Works Director, Corp. of Engineers and the Department of Fish & Game. Certain
trees may require safety pruning by a certified Arborist as determined by the City Arborist.
Homeowners' Association:
38. The subdivider shall submit CC &R's with the Final Map that establishes a Homeowner's
Association (HOA). The HOA shall include the mandatory annexation of Tract 2342 and
Tract 2353. The HOA shall provide for maintenance of all common area drainage channels,
on -site and /or sub - regional drainage basins and conveyance improvements and the
Margarita median landscaping and trail network. The CC &R's shall be approved by the City
and shall be recorded prior to or concurrent with recordation of the Final Map. A Notice of
Annexation or other appropriate mechanism to annex Tract 2353 into the HOA, including
all associated common area and the regional drainage basin, shall be recorded concurrently
with the map.
Resolution No. 10512 (2014 Series)
Page 18
39. Prior to map recordation, the Serra Meadows Business - Professional Office Association shall
enter into an agreement with the Serra Meadows Residential Homeowners' Association to
pay their prorata share of the cost to maintain the regional storm drain basin and related
facilities. The Agreement for Drainage Easement and Maintenance of Storm Water
Detention Basin between the Residential HOA and the Professional Office Association shall
be revised to specifically include the regional basin and appurtenances.
40. Prior to map recordation, the subdivider shall (a) reach an agreement with the property
owners of Prado Park LLC south of Prado Road and the property owners of VTM 2428
regarding use and maintenance of the regional basin, or (b) demonstrate to the city that they
have exhausted all reasonable efforts to reach an agreement. If an agreement cannot be
reached, these property owners will need to demonstrate to the city's satisfaction how they
will provide storm drainage mitigation, open space maintenance, and wetland mitigation
through their own subdivision design and maintenance association.
41. The Homeowners' Association (HOA) shall maintain all that portion of Lot 64 of Tract 2342
and the regional basin south of Prado Road. Maintenance responsibilities shall include
maintenance of any cut or fill slopes required to make the swale and berm. The storm
drainage system within the private streets shall be privately owned and maintained by the
HOA (to be included in CC &R's). Those open space areas that accommodate trails intended
for public use shall be maintained for public access in perpetuity.
42. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by
the City. The CC &R's shall be recorded prior to or concurrent with recordation of the Final
Map. The CC &R's shall contain the following provisions that pertain to all lots:
a. Creation of an HOA or annexation into an HOA, if one exists.
b. No parking except in approved, designated spaces.
c. No change in city - required provisions of the CC &R's without prior City approval.
d. Provision for all of the maintenance responsibilities outlined in various conditions.
e. Provision for common driveway use, access, and maintenance for those lots with
shared access.
43. Prior to map recordation, the CC &R's shall be amended and /or supplemental CC &R's
created to address the following:
a. Include Lots 39 and 134 as residential lots.
b. Remove Lot 39 as a common area lot.
c. Include the new alley serving Lots 46 through 49 and Lot 134 as common area.
d. Include a maintenance plan for the regional basin.
Resolution No. 10512 (2014 Series)
Page 19
e. Indicate who will be responsible for maintaining the gravity wall drainage lines in the
back and side yards of the private lots. These lines are continuous drain lines that
cross from lot to lot, so there needs to be some continuity in regards to maintenance.
f. Specifically include maintenance of the bike /pedestrian pathways by the HOA within
Lots 45 and Lots 131 -133 in Exhibit E, Chart of Maintenance Obligations.
g. Revise Exhibit E to include "Sewer Collection and Storm Drain Lines in Alley
Easement Areas" as being maintained by the HOA.
h. Revise Exhibit E to include the parkway adjacent to Lots 5 and 6 to be maintained by
the Professional Office Association.
Paths /Open Space:
44. The multi -use paths should be 12 feet in width as called for in the Specific Plan, however,
the Natural Resource Manager and Public Works Director may approve a narrower path in
locations that will only be used by pedestrians only or where environmental conditions
warrant a narrower path based on in- the -field consideration.
45. Final design (including materials, location, width, bridging and lighting) of pathways shall
be reviewed and approved by the Natural Resources Manager and Public Works Director.
46. Class I path crossings at public streets should be perpendicular to the street. A cross section
should be developed to show transition of path up to the roadway crossing. Choke -downs
and signage shall be provided and crossing shall be designed to direct pedestrians to cross
the roadway in a direct perpendicular manner.
Air Quality:
47. All activities associated with construction and operation for the subdivision map shall
comply at all times with all current APCD Rules and Regulations as applicable, including
but not limited to PM -10, NOX emissions, Best Available Control Technologies,
construction activity management plans, and phasing techniques
Housing Programs:
48. To provide the required affordable units for both Tentative Tract 2342 & 2353, Lot 108, the
R -3 zoned affordable housing site, shall be dedicated to the Housing Authority prior to, or in
conjunction with the recording of Phase 2 of Tract 2353. If the Housing Authority cannot
move forward with a project at the time that the project would be set to be built out, they
could formally pass on the opportunity thereby providing an option for another entity to
develop the site with an affordable project, subject to the review and approval of the
Community Development Director. Improvement plans for Phase 2 of Tract 2353 shall
include complete access and infrastructure (roads, water, sewer, and utilities) to serve the
Housing Authority site. Additional affordable housing requirements will be required if the
Resolution No. 10512 (2014 Series)
Page 20
average residential unit size of the entire Tract 2353 exceeds 2,000 square feet as per Table
2A of the City Housing Element.
Planning Requirements:
49. Bulb outs at `T' intersections need to be added to the straight leg "crossing the `T "' and
elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out
transitions for the intersecting street leg.
50. Bulb -outs shall be provided at alley access points to street to provide line of sight where red
curbing would otherwise be needed.
51. Development of lots adjacent to El Camino Estates or the proposed VTM #2428 where pad
elevations differ by four or more feet shall be limited to single -story development and
increased rear yard setbacks of a minimum of 10 feet, or equivalent design techniques that
maximize privacy protection for the adjacent lot as approved by the Architectural Review
Commission.
52. For lots with slope banks 3:1 or steeper adjacent to the property line and drainage structures
in the rear yards, the subdivider shall designate the entire slope bank as a slope easement to
be maintained by the HOA. A deed restriction shall be placed on all lots with this situation
so that a 6 foot high privacy fence shall be installed and maintained at the top of the slope
53. All lighting within the subdivision shall comply with the lighting standards contained in the
San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation
Measures listed below.
54. In order to be consistent with the requirements of the Margarita Area Specific Plan and
County Airport Land Use Plan, the property owner shall grant an avigation easement for the
benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and
the San Luis Obispo County Airport via an avigation easement document prior to the
recordation of the final map.
55. In the event archaeological resources are discovered in conjunction with a construction
project, all activities shall cease and the Community Development Department shall be
notified so that the procedures required by state law may be applied.
56. New development shall implement all feasible measures to minimize the use of
conventional energy for space heating and cooling, water heating and illumination by means
of proper design and orientation, including the provision and protection of solar exposure.
57. As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 157
feet for new single family residential units from the centerline of Prado Road. Proposed
Live /Work units may be located within the 157 -foot setback from Prado Road (60 dB noise
contour) subject to compliance with all of the requirements of the Sound Level Assessment
from David Lord of 45 dB dated 9- 14 -11.
Resolution No. 10512 (2014 Series)
Page 21
58. 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. The City shall promptly notify the
subdivider of any claim, action, or proceeding.
59. For interior streets (not Prado Road), a 15 -foot public street yard shall be allowed for homes
and a 20 -foot street yard for garages with doors facing the public street. Per the Margarita
Area Specific Plan, front porches are allowed to have a 10 -foot setback.
60. The subdivider shall provide an appropriately sized recycled water main from the end of the
existing main in Margarita Avenue north on Cherry Lane to the north boundary of the tract
to serve the project's linear park landscape irrigation as well as the adjacent VTM 2428.
Code Requirements:
1. Traffic impact and water and wastewater impact fees are required to be paid as a condition of
issuance of building permits.
2. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well.
3. EPA Requirement: General Construction Activity Storm Water Permits are required for all
storm water discharges associated with a construction activity where clearing, grading and
excavation results in land disturbance of five or more acres. Storm water discharges of less
than five acres, but which is part of a larger common plan of development or sale, also
require a permit. Permits are required until the construction is complete to be covered by a
General Construction Activity Permit; the owner(s) of land where construction activity
occurs must submit a completed "Notice of Intent" (NO I) form, with the appropriate fee, to
the State Water Board.
4. The subdivision design shall comply with the City's grading ordinance.
5. Street trees shall be planted along the private street per City Standards (the number of trees is
determined by one tree per 35 linear feet of street frontage).
6. 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. An electronic file
containing the appropriate data compatible with AutoCAD (Digital Interchange Format,
DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City
Engineer.
Resolution No. 10512 (2014 Series)
Page 22
7. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of 13' 6 ". Access roads shall be designed and maintained to support the imposed
loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide
all - weather driving capabilities. All cul -de -sacs shall be minimum 40 foot radius.
8. Approved address numbers shall be placed on all new buildings in such a position to be
plainly visible and legible from the street fronting the property. Numbers shall be a minimum
of 5" high x' "stroke and be on a contrasting background. [UFC 901 .4.4].
9. Water supplies and fire hydrants shall be provided in accordance with applicable articles of
the CFC. An approved water supply capable of providing the required fire flow for fire
protection is required. The fire flow shall be determined using applicable Appendices of the
CFC.
10. Fire protection systems shall be installed in accordance with the CFC and the California
Building Code. An approved NFPA system will be required for this project.
11. Fire hydrants shall be spaced per SLO -FD Guidelines (placement with Fire Department
approval) and shall be capable of supplying the required fire -flows.
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and
on the following roll call vote:
AYES: Council Members Ashbaugh and Carpenter, Vice Mayor Christianson and
Mayor Marx
NOES: None
ABSENT: None
ABSTAIN: Council Member Smith
The foregoing resolution was adopted this 15th day of April 2014.
rX
Mayor Ja r arx
0hristine D AS M:
Dietrick
City Attorney