HomeMy WebLinkAboutPC-1049-21 (ARCH-0489-2020, SBDV-0490-2019 and EID-0345-2020 -- 3580 and 3584 Bullock Lane) RESOLUTION NO. 1049-21
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE COMMON
INTEREST VESTING TENTATIVE TRACT MAP (VTTM 3136), A 192-UNIT
MIXED-USE DEVELOPMENT, INCLUDING 7 LIVE/WORK UNITS, A 585
SQUARE FOOT COMMERCIAL UNIT, ON-SITE PARKING, AND OTHER
RESIDENTIAL COMMUNITY AMENITIES ON A 10.93-ACRE SITE
LOCATED WITHIN THE 231-ACRE ORCUTT AREA SPECIFIC PLAN
(OASP), A REQUEST TO ALLOW LIVE/WORK UNITS ON THE GROUND
FLOOR WITHIN THE FIRST 50 FEET OF FLOOR AREA MEASURED
FROM THE BUILDING FACE ADJACENT TO A STREET, A SIGN
PROGRAM, THE SUMMARY ABANDONMENT OF 30 FEET OFFER OF
DEDICATION FOR PUBLIC STREET AND UTILITY PURPOSES, AND
ADOPT A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING
COMMISSION AGENDA REPORT AND ATTACHMENTS DATED
OCTOBER 27, 2021 (3580/3584 BULLOCK LANE FILE #ARCH-0489-2019,
SBDV-0490-2019, EID-0345-2020)
WHEREAS, the Tree Committee of the City of San Luis Obispo conducted a web based
public hearing on October 26, 2020 and recommended approving the proposed tree removal and
replanting plan associated with an development review applications ARCH-0755-2019, Bullock
Ranch, LLC, applicant, with the addition of specific conditions of approval; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on December 7, 2020 for the purpose of reviewing a
development review applications ARCH-0489-2019, Bullock Ranch, LLC, applicant and
recommended approving the design with direction regarding metal railing design on balconies to
maximize privacy and variation of the use of masonry on porches; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on October 27, 2021 for the purpose of reviewing a development review
applications ARCH-0489-2019, SBDV-0490-2019 & EID-0345-2020, Bullock Ranch, LLC,
applicant, for a mixed-use development project; 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 the 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 hereby recommends
approval of the project (ARCH-0489-2019, SBDV-0490-2019 & EID-0345-2020) to the City
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Council, based on the following findings:
1. The project will not be detrimental to the health, safety, or welfare of those working or
residing in the vicinity since the proposed project is consistent with the intention of the
site's Medium-High Density Residential and Community Commercial with a Mixed-use
overlay zoning designation and will be subject to conformance with all applicable building,
fire, and safety codes.
2. The proposed San Luis Obispo Mission, Adobe Ranch, and Farmhouse architectural styles
of the residential and commercial structures are consistent with the California Mission and
California Bungalow styles described in the Orcutt Area Specific Plan because the designs
include architectural features such as gable end roof forms, rafter tails, fenestration and
porch styles of the bungalow style and tile roofs, smooth stucco facades, end roof forms
and arched openings of the mission style.
3. The proposed architectural style of the project is consistent with the Design Guidelines
described in the Orcutt Area Specific Plan because the project provides architecture that is
internally compatible with one another and with adjacent developments and enhances San
Luis Obispo’s unique sense of place.
4. The project is consistent with the General Plan because it promotes policies related to
compatible development (LUE 2.3.9), residential project objectives (LUE 2.3.11), and
housing production (HE 6.10).
5. The project is consistent with the Housing Element because the project provides a variety
of residential types, sizes, and styles of dwellings (HE Policy 5.2). The project supports
Housing Element policies related to inclusion and expansion of missing middle and
affordable housing units within the City (HE Policies 2.4, 4.1, 4.2, & 5.3).
6. The project is consistent with the Orcutt Area Specific Plan’s policy framework, as it
relates to land development and project design.
Sign Program Findings
7. The proposed sign program is consistent with Sign Regulations Section 15.40.485 because
it includes sign requirements to ensure signage is complementary and compatible within
the development and with the surrounding neighborhood.
Mixed-Use Development Findings
8. The request to allow live work units on the ground floor within the first 50 feet of floor
area measured from the building face adjacent to a street is consistent with the Zoning
Regulations for Mixed-Use Projects (Section 17.70.130.D.1(2)), because the project
enhances the pedestrian environment in the surrounding area by placing the commercial
space at the sidewalk and fulfills the Orcutt Area Specific Plan Policy 3.2.21 that
encourages live work units in the multifamily residential portion of the community
commercial zone.
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9. The project is consistent with the Zoning Regulations for Mixed-Use Projects (Section
17.70.130), since the proposed building design complies with design and performance
standards for mixed-use development and is consistent with all property development
standards including height, coverage, access, and setbacks for the Community Commercial
(C-C) zone.
Subdivision Findings
10. The design of the Vesting Tentative Tract Map is consistent with the General Plan because
the proposed subdivision respects existing site constraints, will incrementally add to the
City's residential housing inventory and will be consistent with the density and project
amenities established by the Orcutt Area Specific Plan (OASP).
11. The site is physically suited for the type and density of development allowed in the
medium-high density (R-3-SP) and community commercial (C-C) zones.
12. The design of the subdivision is consistent with the pattern of development prescribed in
the Orcutt Area Specific Plan.
13. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
Section 2. Environmental Review. A Mitigated Negative Declaration (MND) was
prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the
potential environmental effects of a Bullock Ranch Residential and Mixed-Use Development
Project. The project is consistent with what is described in the CEQA documentation and will
implement all required mitigation measures included in that document that are necessary to reduce
potential impacts to a less than significant level, some of which derive from those included in the
Final EIR for the Orcutt Area Specific Plan, which was certified in 2009.
MITIGATION MEASURES
Aesthetics
OASP Final EIR AES-3(a). Minimize Lighting on Public Areas. Lighting shall be shielded as
shown in the Specific Plan and directed downward. Lighting shall not be mounted more
than 16 feet high. Streetlights, where they are included, shall be primarily for pedestrian
safety, and shall not provide widespread illumination unless necessary to comply with
safety requirements, as determined by the Public Works Director. Street lighting should
focus on intersections and should be placed between intersections only when it is necessary
to comply with safety requirements, as determined by the Public Works Director. Trail
lighting shall be at a scale appropriate for pedestrians, utilizing bollards, although overhead
lighting may be used where vandalism of bollard lights is a concern. Prior to development
of individual lots, proposed lighting shall be indicated on site plans and shall demonstrate
that spill-over of lighting would not affect nearby residential areas.
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Monitoring Program: These measures shall be incorporated into project building plans for review
and approval by the City Community Development and Public Works Departments. Compliance
shall be verified by the City during regular inspections.
Air Quality
AQ-1 The following SLOAPCD-recommended Standard Mitigation Measures shall be
implemented to reduce construction-generated NOX, ROG, and DPM:
a. Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
b. Fuel all off-road and portable diesel-powered equipment with CARB-certified
motor vehicle diesel fuel (non-taxed version suitable for use off-road);
c. Diesel-fueled construction equipment shall meet, at a minimum, CARB’s Tier 2-
certified engines or cleaner off-road heavy-duty diesel engines, and comply with
the State Off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation;
e. 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;
f. 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;
g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors, if feasible;
i. Electrify equipment, when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible;
and
k. Use alternative-fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel.
AQ-2 The following SLOAPCD-recommended mitigation measures shall be implemented to
reduce construction generated fugitive dust. These measures shall be shown on grading and
building plans.
a. Reduce the amount of disturbed area where possible.
b. Use water trucks, SLOAPCD-approved dust suppressants (see Section 4.3 in the
CEQA Air Quality Handbook), or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site and from exceeding the SLOAPCD’s
limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased
watering frequency would be required whenever wind speeds exceed 15 miles per
hour (mph). Reclaimed (non-potable) water should be used whenever possible.
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Please note that since water use is a concern due to drought conditions, the
contractor or builder shall consider the use of a SLOAPCD-approved dust
suppressant where feasible to reduce the amount of water used for dust control. For
a list of suppressants, see Section 4.3 of the CEQA Air Quality Handbook.
c. All dirt stockpile areas should be sprayed and covered 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 1 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 SLOAPCD.
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible. In addition, building pads should be laid 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 2 feet of freeboard (minimum vertical distance between the
top of load and top of trailer) in accordance with California Vehicle Code (CVC)
Section 23114.
j. Install wheel washers at the construction site entrance/exit, wash off the tires or
tracks of all trucks and equipment leaving the site, or implement other SLOAPCD-
approved track-out prevention devices sufficient to minimize the track-out of soil
onto paved roadways.
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.
l. The burning of vegetative material shall be prohibited. Effective February 25, 2000,
the SLOAPCD prohibited developmental burning of vegetative material within San
Luis Obispo County. If you have any questions regarding these requirements,
contact the SLOAPCD Engineering & Compliance Division at (805) 781-5912.
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% opacity, and to
prevent the transport of dust off-site. 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 SLOAPCD Compliance Division
prior to the start of any grading, earthwork, or demolition.
n. When applicable, portable equipment, 50 horsepower (hp) or greater, used during
construction activities shall be registered with the California statewide portable
equipment registration program (issued by the CARB) or be permitted by the
SLOAPCD. Such equipment may include power screens, conveyors, internal
combustion engines, crushers, portable generators, tub grinders, trammel screens,
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and portable plants (e.g., aggregate plant, asphalt plant, concrete plant). For more
information, contact the SLOAPCD Engineering & Compliance Division at (805)
781-5912.
o. Construction of the proposed project shall use low volatile organic compound
(VOC)-content paints not exceeding 50 grams per liter.
p. To the extent locally available, use prefinished building materials or materials that
do not require the application of architectural coatings.
AQ-3 The following measures shall be implemented to reduce construction emissions from on-
and off-road construction equipment (NOX, ROG, and DPM). These measures shall be
shown on grading and building plans:
a. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
1. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
2. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
3. Use of alternative-fueled equipment is recommended whenever possible;
and
4. Signs that specify the no-idling requirements must be posted and enforced
at the construction site.
a. Idling Restrictions for On-Road Vehicles. Section 2485 of 13 CCR limits diesel-
fueled commercial motor vehicles that operate in the state of California with gross
vehicular weight ratings of greater than 10,000 pounds and licensed for operation
on highways. It applies to California and non-California-based vehicles. In general,
the regulation specifies that drivers of said vehicles:
1. Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes
at any location, except as noted in Subsection (d) of the regulation; and
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a
heater, air conditioner, or any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater than 5 minutes at any
location when within 100 feet of a restricted area, except as noted in
Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to remind drivers
of the 5-minute idling limit. The specific requirements and exceptions in the
regulation can be reviewed at the following web site:
www.arb.ca.gov/msprog/truck-idling/2485.pdf.
b. Idling Restrictions for Off-Road Equipment. Off-road diesel equipment shall
comply with the 5-minute idling restriction identified in Section 2449(d)(3) of the
CARB’s In-Use Off-Road Diesel regulation:
www.arb.ca.gov/regact/2007/ordiesl07/frooal.pdf.
Signs shall be posted in the designated queuing areas and job sites to remind off-
road equipment operators of the 5-minute idling limit.
AQ-4 The following mitigation measures shall be implemented to reduce the disturbance of
asbestos and lead. Strategies include but are not limited to the following:
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a. Demolition of on-site structures shall comply with the National Emission Standards
for Hazardous Air Emissions (NESHAP) requirements (40 Code of Federal
Regulations [CFR] Part 61, Subpart M) for the demolition of existing structures.
The SLOAPCD is delegated authority by the EPA to implement the federal
Asbestos NESHAP. Prior to demolition of on-site structures, the SLOAPCD shall
be notified, per NESHAP requirements. The SLOAPCD notification form and
reporting requirements are included in Appendix A. Additional information may be
obtained at the following website: http://slocleanair.org/business/asbestos.php.
b. If during the demolition of existing structures paint is separated from the
construction materials (e.g., chemically or physically), the paint waste will be
evaluated independently from the building material by a qualified hazardous
materials inspector to determine its proper management. All hazardous materials
shall be handled and disposed of in accordance with federal, state, and local
regulations. According to the California Department of Toxic Substances Control
(DTSC), if the paint is not removed from the building material during demolition
(and is not chipping or peeling), the material can be disposed of as construction
debris (a non-hazardous waste). The landfill operator will be contacted prior to
disposal of building material debris to determine any specific requirements the
landfill may have regarding the disposal of lead-based paint materials. The disposal
of demolition debris shall comply with any such requirements. Contact the
SLOAPCD Enforcement Division at (805) 781-5912 for more information.
Approval of a lead work plan and permit may be required. Lead work plans, if
required, will need to be submitted to SLOAPCD 10 days prior to the start of
demolition.
c. Prior to any grading activities, a geologic evaluation shall be conducted to
determine if NOA is present within the area that will be disturbed, unless the
applicant agrees to comply with the Asbestos ATCM without an evaluation. If NOA
is not present, an exemption request must be filed with the SLOAPCD. If NOA is
found at the site, the applicant must comply with all requirements outlined in the
Asbestos ATCM. These requirements may include but are not limited to:
1. Development of an Asbestos Dust Mitigation Plan, which must be approved
by the SLOAPCD before operations begin; and
2. Development and approval of an Asbestos Health and Safety Program
(required for some projects).
OASP Final EIR AQ-1(c). Shade Trees. All parking lots shall include shade trees within the
parking area. There shall be at least one shade tree for every six vehicle parking spaces.
OASP Final EIR AQ-1(d). Telecommuting. All new homes within the Specific Plan area shall
be constructed with internal wiring/cabling that allows telecommuting, teleconferencing,
and telelearning to occur simultaneously in at least three locations in each home.
OASP Final EIR AQ-1(e). Pathways. Where feasible, all cul-de-sacs and dead-end streets shall
be links by pathways to encourage pedestrian and bicycle travel.
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Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development Department. Compliance shall
be verified by the City during regular inspections, in coordination with the County of San Luis
Obispo Air Pollution Control District, as necessary.
Biological Resources
OASP Final EIR B-5(a). Bird Pre-Construction Survey. To avoid impacts to nesting special-
status bird species and raptors including the ground nesting burrowing owl, all initial
ground-disturbing activities and tree removal shall be limited to the time period between
September 15 and February 1. If initial site disturbance, grading, and tree removal cannot
be conducted during this time period, a pre-construction survey for active nests within the
limits of grading shall be conducted by a qualified biologist at the site no more than 30
days prior to the start of any construction activities (for ground-nesting burrowing owl
survey see below). If active nests are located, all construction work must be conducted
outside a buffer zone of 250 feet to 500 feet from the nests as determined in consultation
with the CDFG. No direct disturbance to nests shall occur until the adults and young are
no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting
is completed and young have fledged the nest prior to the start of construction.
OASP Final EIR B-5(c). Monarch Pre-Construction Survey. If initial ground-breaking is to
occur between the months of October and March a preconstruction survey for active
monarch roost sites within the limits of grading shall be conducted by a qualified biologist
at the site two weeks prior to any construction activities. If active roost sites are located no
ground-disturbing activities shall occur within 50 feet of the perimeter of the habitat.
Construction shall not resume within the setback until a qualified biologist has determined
that the monarch butterfly has vacated the site.
OASP Final EIR B-6(c). Educational Pet Brochure. Any development pursuant to the Specific
Plan shall prepare a brochure that informs prospective homebuyers and Home Owners
Association (HOA) members about the impacts associated with non-native animals,
especially cats and dogs, to the project site; similarly, the brochure must inform potential
homebuyers and all HOA members of the potential for coyotes to prey on domestic
animals.
OASP Final EIR B-6(d). Landscaping Plan Review. To ensure that project landscaping does
not introduce invasive non-native plant and tree species to the region of the site, the final
landscaping plan shall be reviewed and approved by a qualified biologist. The California
Invasive Plant Council (Cal-IPC) maintains several lists of the most important invasive
plants to avoid. The lists shall be used when creating a plant palette for landscaping to
ensure that plants on the lists are not used. The following plants shall not allowed as part
of potential landscaping plans pursuant to development under the Specific Plan:
African sumac (Rhus lancea)
Australian saltbush (Atriplex semibaccata)
Black locust (Robinia pseudoacacia)
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California pepper (Schinus molle) and Brazilian pepper (S. terebinthifolius)
Cape weed (Arctotheca calendula)
Cotoneaster (Cotoneaster pannosus), (C. lacteus)
Edible fig (Ficus carica)
Fountain grass (Pennisetum setaceum)
French broom (Genista monspessulana)
Ice plant, sea fig (Carpobrotus edulis)
Leafy spurge (Euphorbia esula)
Myoporum (Myoporum spp.)
Olive (Olea europaea)
Pampas grass (Cortaderia selloana), and Andean pampas grass (C. jubata)
Russian olive (Elaeagnus angusticifolia)
Scotch broom (Cytisus scoparius) and striated broom (C. striatus)
Spanish broom (Spartium junceum)
Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T.
ramosissima)
Blue gum (Eucalyptus globulus)
Athel tamarisk (Tamarix aphylla)
With the exception of poison oak, only those species listed in the Specific Plan’s Suggested
Plant List (Appendix E) shall not be planted anywhere on-site because they are invasive
non-native plant species. Poison oak is a native plant species and could be used to deter
human entrance to an area such as a mitigation/enhancement area.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans for review and approval by the City Community Development Department. The
pre-construction surveys shall be completed prior to any site disturbance, including grading,
trenching, or demolition. The biologist completing the surveys shall provide a report to the City
Community Development Department and Natural Resources Manager within 5 days of
completion of surveys. The Educational Pet Brochure shall be reviewed and approved by the City
Community Development Department prior to occupancy of the first unit. The City Community
Development Department and Natural Resources Manager shall review the final landscape plan
after it has been reviewed and approved by the project qualified biologist. The City Community
Development Department and Natural Resources Manager verify compliance of all measures.
Cultural Resources
OASP Final EIR CR-1(d). Archaeological Resource Construction Monitoring. At the
commencement of project construction, an orientation meeting shall be conducted by an
archaeologist for construction workers associated with earth disturbing procedures. The
orientation meeting shall describe the possibility of exposing unexpected archaeological
resources and directions as to what steps are to be taken if such a find is encountered.
An archaeologist shall monitor construction grading within 50 meters (164 feet) of the two
isolated finds. In the event that prehistoric or historic archaeological resources are exposed
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during project construction, all earth disturbing work within 50 meters (164 feet) of the
find must be temporarily suspended or redirected until an archaeologist has evaluated the
nature and significance of the find. After the find has been appropriately mitigated (e.g.,
curation, preservation in place, etc.), work in the area may resume. The City should
consider retaining a Chumash representative to monitor any field work associated with
Native American cultural material.
If human remains are exposed, State Health and Safety Code Section 7050.5 requires that
no further disturbance shall occur until the County Coroner has made the necessary
findings as to origin and disposition pursuant to Public Resources Code Section 5097.98.
Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City Community Development Department shall verify compliance, including preparation and
implementation of the Monitoring Plan, and review and approval of cultural resources monitoring
reports documenting compliance with required mitigation measures.
Note: Isolated finds were not identified on the proposed project site and the requirement for
monitoring during construction within 50 meters of the two isolated finds does not apply to this
project.
Geology and Soils
GEO-1 Prior to application for construction permits of any development at the project site, the
applicant shall retain a qualified soil engineer to prepare a revised Soils Engineering Report
to evaluate on-site soil stability risks, including expansive soils. This report shall include
specific design recommendations to properly safeguard against risks identified. The
applicant shall incorporate all recommendations identified in the geotechnical report into
the final design and construction plans for the project.
OASP Final EIR G-4(a). Expansive Soils Grading. If the project area is identified as having
expansive soils (through the Soils Engineering Report required in [OASP Final EIR]
Mitigation Measure G-2(a)), the foundations and transportation infrastructure shall be
designed by a structural engineer to withstand the existing conditions, or the site shall be
graded in such a manner to address the condition. Suitable measures to reduce impacts
from expansive soils could include, but need not be limited to:
a. Excavation of existing soils and importation of non-expansive soils; and/or
b. Foundation design to accommodate certain amounts of differential expansion such
as post-tensional slab and/or ribbed foundations designed in accordance with
Chapter 18, Division III of the Uniform Building Code (UBC).
GEO-2 Should any vertebrate fossils or potentially significant finds (e.g., numerous well-
preserved invertebrate or plant fossils) be encountered during work on the site, all activities
in the immediate vicinity of the find shall cease until a qualified paleontologist evaluates
the find for its scientific value. If deemed significant, the paleontological resource(s) shall
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be salvaged and deposited in an accredited and permanent scientific institution where they
will be properly curated and preserved.
Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development and Public Works
Departments. Compliance shall be verified by the City during regular inspections.
Greenhouse Gas Emissions
GHG-1 The following mitigation measures shall be implemented to reduce long-term operational
GHG emissions:
a. The project shall be served by Central Coast Community Energy (CCCE).
b. The project shall provide on-site bicycle parking/amenities and electric vehicle
(EV) charging stations in accordance with applicable building code requirements.
c. The project shall incorporate a pedestrian and bicycle access network that connects
proposed on-site land uses to adjacent existing or planned pedestrian and bicycle
facilities contiguous with the project site.
d. The project shall be designed to minimize barriers to pedestrian access and
interconnectivity.
e. The project shall be designed to provide safe and convenient access to public transit
contiguous to the project site.
f. The project shall provide organic waste pick up and shall provide the appropriate
on-site enclosures consistent with the provisions of the City of San Luis Obispo
Development Standards for Solid Waste Services.
g. Trees shall be planted in accordance with the City’s municipal code requirements.
Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development Department. Compliance shall
be verified by the City during regular inspections, in coordination with the County of San Luis
Obispo Air Pollution Control District, as necessary.
Hazards
OASP Final EIR S-4(d). 55-Gallon Drums. Prior to development on the property where 55-
gallon drums were identified as shown in Figure 4.9-1 [of the Final EIR for the OASP],
soils samples shall be taken in the vicinity of the drums and analyzed for total extractable
petroleum hydrocarbons (TEPH) by EPA method 8015, heavy metals by CCR Title 22
metals, and solvents by EPA method 8260B. If levels of contaminants are found to exist in
concentrations that exceed regulatory thresholds, further sampling may be needed to
determine the extent of contamination. Once the extent of contamination is delineated, an
appropriate remediation method should be implemented according to the size of the area
contaminated and the contaminant involved.
Monitoring Program: The applicant shall provide the City Community Development
Department with the soil sample analysis and report prior to issuance of any construction, grading,
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or site improvement permits. Compliance shall be verified by the City Community Development
Department. [Note the 55-gallon drums and equipment identified in Figure 4.9-1 are a few yards
to the north of this project site. Applicant will provide a soil sample analysis and report for
samples take on its property in the vicinity of the drums. Applicant shall not be required to obtain
samples on property it does not own.]
Hydrology and Water Quality
OASP Final EIR D-1(a). Erosion Control Plan. Prior to issuance of grading permits, the
applicant shall submit a detailed erosion control plan (ECP) to the City Community
Development Department for review and approval. At a minimum, the ECP should be
prepared according to the guidelines outlined in the Drainage Design Manual and should
include the following:
a. A proposed schedule of grading activities, monitoring, and infrastructure
milestones in chronological format;
b. Identification of critical areas of high erodibility potential and/or unstable slopes;
c. Soil stabilization techniques such as short-tern biodegradable erosion control
blankets and hydroseeding should be utilized. Silt fences should be installed
downslope of all graded slopes. Straw bales should be installed in the flow path of
graded areas receiving concentrated flows, as well as around storm drain inlets;
d. Description of erosion control measures on slopes, lots, and streets;
e. Contour and spot elevations indicating runoff patterns before and after grading;
f. Filter systems at catch basins (drop inlets) in public streets as a means of sediment
control; and
g. Post-construction inspection of all drainage facilities for accumulated sediment,
and the clearing of these drainage structures of debris and sediment.
Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development, Public Works, and Utilities
Departments. Compliance shall be verified by the City during regular inspections.
OASP Final EIR D-1(b). Storm Water Pollution Prevention Plan. The applicant shall comply
with NPDES General Construction Activities Storm Water Permit Requirements
established by the CWA. Pursuant to the NPDES Storm Water Program, an application for
coverage under the statewide General Construction Activities Storm Water Permit (General
Permit) must be obtained for project development. It is the responsibility of the project
applicant to obtain coverage prior to site construction.
The applicant can obtain coverage under the General Permit by filing a Notice of Intent
(NOI) with the State Water Resource Control Board’s (SWRCB) Division of Water
Quality. The filing shall describe erosion control and storm water treatment measures to be
implemented during and following construction and provide a schedule for monitoring
performance. These BMPs will serve to control point and non-point source (NPS)
pollutants in storm water and constitute the project’s SWPPP for construction activities.
While the SWPPP will include several of the same components as the ECP, the SWPPP
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will also include BMPs for preventing the discharge of other NPS pollutants besides
sediment (such as paint, concrete, etc.) to downstream waters.
Notice of Intent. Prior to beginning construction, the applicant shall file a Notice
of Intent (NOI) for discharge from the proposed development site.
Storm Water Pollution Prevention Plan. The applicant shall require the building
contractor to prepare and submit a SWPPP to the City forty-five (45) days prior
to the start of work for approval. The contractor is responsible for understanding
the State General Permit and instituting the SWPPP during construction. A
SWPPP for site construction shall be developed prior to the initiation of grading
and implemented for all construction activity on the project site in excess of one
acre. The SWPPP shall include specific BMPs to control the discharge of
material from the site. BMP methods may include, but would not be limited to,
the use of temporary detention basins, straw bales, sand bagging, mulching,
erosion control blankets, silt fencing, and soil stabilizers. Additional BMPs
should be implemented for any fuel storage or fuel handling that could occur
on-site during construction. The SWPPP must be prepared in accordance with
the guidelines adopted by the State Water Resources Control Board (SWRCB).
The SWPPP shall be also submitted to the City along with grading/development
plans for review and approval.
Notice of Completion of Construction. The applicant shall file a notice of
completion of construction of the development, identifying that pollution
sources were controlled during the construction of the project and implementing
a closure SWPPP for the site.
Monitoring Program: The SWPPP shall be obtained prior to issuance of any grading permits,
subdivision improvement plans, or public improvement plans. The applicant shall provide a copy
of the approved SWPPP or NOI to the City Public Works Department for review.
OASP Final EIR D-3(a). Payment of Fair Share Fees for Area Drainage Improvements. The
City/Zone 9 Waterway Management Plan (WMP, Questa, 2002) provides for imposition of
a Drainage Impact Fee on new development projects that would result in adverse
hydrological impacts. The Drainage Impact Fee can only be used to pay for drainage
improvements made necessary by the hydrologic impacts of a project. The applicant shall
pay their “fair share” of any mitigation fee established by the City of San Luis Obispo for
drainage improvements made necessary by cumulative project development. These fair
share fees may be used to fund components of the City’s Storm Drain Master Plan (Boyle
Engineering, 2000), or other improvements as identified by the City. Components of the
City’s Storm Drain Master Plan preferred alternative downstream of the Orcutt Plan Area
include:
o A new concrete box culvert at Broad Street on Orcutt Creek,
o A new concrete slab bridge at Santa Fe Road on the East Branch of SLO Creek,
and
o A modified channel for improved conveyance capacity from Santa Fe to Buckley
Road on the East Branch of SLO Creek.
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Monitoring Program: The fee shall be paid prior to issuance of building, grading, or site
improvement permits.
Noise
OASP Final EIR N-1(a). Compliance with City Noise Ordinance. Construction hours and noise
levels shall be compliant with the City Noise Ordinance [Municipal Code Chapter 9.12,
Section 9.12.050(6)]. Methods to reduce construction noise can include, but are not limited
to, the following:
Equipment Shielding. Stationary construction equipment that generates noise can
be shielded with a barrier.
Diesel Equipment. All diesel equipment can be operated with closed engine doors
and equipped with factory-recommended mufflers.
Electrical Power. Whenever feasible, electrical power can be used to run air
compressors and similar power tools.
Sound Blankets. The use of sound blankets on noise generating equipment
N-1 For the entire duration of the construction phase of the project, the following BMPs shall
be adhered to:
a. Stationary construction equipment that generates noise that exceeds 60 dBA at the
project boundaries shall be shielded with the most modern noise control devises
(i.e., mufflers, lagging, and/or motor enclosures).
b. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for
project construction shall be hydraulically or electrically powered wherever
possible to avoid noise associated with compressed-air exhaust from pneumatically
powered tools.
c. Where use of pneumatic tools is unavoidable, an exhaust muffler on the
compressed-air exhaust shall be used.
d. All construction equipment shall have the manufacturers’ recommended noise
abatement methods (such as mufflers, engine enclosures, and engine vibration
insulators) installed, intact, and operational.
e. All construction equipment shall undergo inspection at periodic intervals to ensure
proper maintenance and presence of noise control devices (e.g., mufflers,
shrouding, etc.).
N-2 Construction plans shall note construction hours, truck routes, and all construction noise
BMPs and shall be reviewed and approved by the City Community Development
Department prior to issuance of grading/building permits. The City shall provide and post
signs stating these restrictions at construction entry sites prior to commencement of
construction and maintained throughout the construction phase of the project. All
construction workers shall be briefed at a preconstruction meeting on construction hour
limitations and how, why, and where BMP measures are to be implemented.
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N-3 For all construction activity at the project site, additional noise attenuation techniques shall
be employed as needed to ensure that noise levels are maintained within levels allowed by
the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include, but are not limited to, the following:
a. Sound blankets shall be used on noise-generating equipment.
b. Stationary construction equipment that generates noise levels above 65 dBA at the
project boundaries shall be shielded with a barrier that meets a sound transmission
class (a rating of how well noise barriers attenuate sound) of 25.
c. All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers.
d. The movement of construction-related vehicles, with the exception of passenger
vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours
between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No movement of
heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving,
Labor Day).
e. Temporary sound barriers shall be constructed between construction sites and
affected uses.
N-4 Construction activities shall be conducted so that the maximum noise levels at affected
properties will not exceed 75 dBA for single-family residential uses and 80 dBA for multi-
family residential uses.
N-5 The project contractor shall inform residents and business operators at properties within
300 feet of the project of proposed construction timelines and noise compliant procedures
to minimize potential annoyance related to construction noise. Signs shall be in place prior
to and throughout grading and construction activities informing the public that noise-
related complaints shall be directed to the construction manager prior to the City
Community Development Department.
N-6 All residential development within 240 feet of the centerline of the UPRR (identified by
Exhibit 4 of the 2019 Noise Analysis) shall include adequate ventilation in compliance
with the California Building Code so that adequate noise attenuation may be achieved with
windows closed.
N-7 Indoor noise levels shall be reduced using the design and materials techniques described in
OASP Programs 4.5.1a, 4.5.1b, 4.5.1c, 4.5.1d, 4.5.1e, 4.5.1f, 4.5.2a, 4.5.2b, and 4.5.2c. All
residential development within 163 feet of the centerline of the UPRR (identified by
Exhibit 3 of the 2019 Noise Analysis) shall include a noise barrier at least six feet in height
that will shield exterior residential uses (i.e. patios, decks) from noise exposure greater than
60 CNEL. The noise barriers for the decks and patios must have a surface density of at
least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be
constructed of stud and stucco, 3/8-inch plate glass, 5/8-inch Plexiglas or Lexan, any
masonry material, or a combination of these materials. Additionally, individual homes shall
be designed so that structures block the line-of-sight from usable backyards to the railroad
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tracks. For homes with backyards not blocked by intervening structures, backyard fencing
shall be installed of sufficient height to block line-of-sight to the railroad tracks.
Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development Department. Compliance shall
be verified by the City during regular inspections.
OASP Final EIR N-5(a). Fair Share of Cumulative Noise Improveme nts. Applicants under the
Specific Plan must contribute their fair financial share, as determined by the City, to the
implementation of one or more of the mitigation approaches listed in policy 9 of the Noise
Element (refer to Appendix E of this EIR). The Specific Plan shall be revised to include a
specific program to contribute to mitigating cumulative impacts. Implementation of the
program must occur prior home occupancy for development pursuant to the Specific Plan.
Monitoring Program: The fee shall be paid prior to issuance of any building permits.
Transportation
TR-1 Prior to issuance of building permits, the project applicant/owner(s) shall provide finalized
circulation plans indicating addition of W11-2 pedestrian warning signage along Ranch
House Road in both directions approaching the Ranch House Road/Sponza Place
intersection.
Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development and Public Works
Departments. Compliance shall be verified by the City during regular inspections.
Section 3. Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may include
additional requirements applicable to the project. The Planning Commission does hereby
recommend City Council grant final approval of applications ARCH-0489-2019 and SBDV-0490-
2019 for a residential and mixed-use development project located at 3580 and 3584 Bullock Lane
(“Project”), subject to the following conditions:
Planning Division – Community Development Department
1. Final Project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the ARC. A separate, full-size
sheet shall be included in working drawings submitted for a building permit that lists all
conditions of project approvals listed as sheet number 2.
2. Reference shall be made in the margin of listed items as to where in plans requirements are
addressed. Any change to approved design, colors, materials, landscaping, or other
conditions of approval must be approved by the Director or Architectural Review
Commission, as deemed appropriate.
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3. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with the
color and material board submitted with Architectural Review application.
4. Signage for the Project shall be consistent with the sign program described in the project
description and below. Any requests to modify the sign program shall be submitted to the
Community Development Director for review.
Sign Type Quantity Maximum Size and dimensions
Awning Sign 3 18 inches x 6 feet (9 square feet)
Wall Sign 4 18 inches x 6 feet (9 square feet)
Awning Sign (corner commercial space) 1 18 inches x 8 feet (12 square feet)
Awning Sign (corner commercial space) 1 18 inches x 12 feet (18 square feet)
Residential Monument Sign 1 30 square feet (approx. 4 feet x 12 feet)
Apartment Community Sign 1 36 square feet (24 feet x 1.5 feet)
Total No. of Signs 11
Wall signs may be made from wood, metal, or plastic. Wall signs may be painted on the wall
or on a board that is attached to the wall. Signs may be illuminated externally or internally
consistent with Municipal Code Section 15.40.430. The residential monument sign shall
have a maximum height of 4 feet and width of 12 feet. The sign shall have a stucco finish
with a terracotta cap that ties into the project architecture and shall not be illuminated.
5. Plans submitted for building permits shall include a photometric plan, demonstrating
compliance with maximum light intensity standards not to exceed a maintained value of 10
foot-candles. The locations of all lighting, including bollard style landscaping or
path/parking lighting, shall be included ꞏin plans submitted for a building permit. All wall-
mounted lighting fixtures shall be clearly called out on building elevations included as part
of working drawings. Any wall mounted lighting installed above the first floor on the exterior
elevations shall be minimal and consider its impact on the surrounding neighborhood. All
wall-mounted lighting shall complement building architecture, subject to the approval of the
Community Development Director. The lighting schedule for the building shall include a
graphic representation of the proposed lighting fixtures and cut-sheets on the submitted
building plans. The selected fixture(s) shall be shielded to ensure that light is directed
downward consistent with the requirements of the City's Night Sky Preservation standards
contained in Chapter 17.70.100 of the Zoning Regulations.
6. Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
include the materials and dimensions of all lintels, sills, surrounds recesses and other related
window features. Plans shall demonstrate the use of high-quality materials for the windows
that reflect the architectural style of the project and are compatible with the neighborhood
character, to the approval of the Community Development Director.
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7. Plans submitted for a building permit shall include balcony railing details indicating the type
of materials, picket details, dimensions and colors. Plans shall demonstrate the use of high-
quality materials for the railings that reflect the architectural style of the Project and are
compatible with the neighborhood character, to the approval of the Community Development
Director.
8. Plans submitted for a building permit shall include all trim and awning details indicating the
type of materials, dimensions and colors. Plans shall demonstrate the use of high-quality
materials that reflect the architectural style of the project and are compatible with the
neighborhood character and recommendations of the Architectural Review Commission,
subject to the approval of the Community Development Director.
9. Mechanical and electrical equipment shall be located internally to the buildings or screened
by fencing, landscaping, building features, and/or other treatments. With submittal of
working drawings, the applicant shall include sectional views of the building, which clearly
show the sizes of any proposed condensers and other mechanical equipment. If any
condensers or other mechanical equipment is to be placed on the roof, plans submitted for a
building permit shall confirm that parapets and other roof features will adequately screen
them. A line-of-sight diagram may be required to confirm that proposed screening will be
adequate. This condition applies to initial construction and later improvements.
10. Storage areas for trash and recycling cans shall be screened from the public right-of-way
consistent with §17.70.200 of the Zoning Regulations. The subject property shall be
maintained in a clean and orderly manner at all times; free of excessive leaves, branches, and
other landscape material. The applicant shall be responsible for the clean-up of any landscape
material in the public right-of-way.
11. A final landscaping plan, including all irrigation details, shall be submitted to the Community
Development Department along with working drawings. The legend for the landscaping plan
shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding
symbols for each plant material showing their specific locations on plans. Landscaping plans
shall include the following information, at a minimum:
a. The species, diameter at breast height, location, and condition of all existing trees;
b. Identification of trees that will be retained, removed, or relocated;
c. Location and size of plant and tree species proposed to be planted;
d. The location of proposed utilities, driveways, street tree locations, and the size and
species of proposed street trees; and
e. A reclaimed water irrigation plan.
12. The final landscape plan shall provide details showing that the street trees are consistent with
the OASP selected tree species and that where possible, plant Coast Live Oaks. Coast Live
Oaks shall be planted with 8 feet of clearance on all sides. Additionally, the tree replacement
ratio shall remain greater than 1:1 as provided in the project description.
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13. The location of any required backflow preventer and double-check assembly shall be shown
on all site plans submitted for a building permit, including the landscaping plan. Construction
plans shall also include a scaled diagram of the equipment proposed. Where possible, as
determined by the Utilities Director, equipment shall be located inside the building within
20 feet of the front property line. Where this is not possible, as determined by the Utilities
Director, the back-flow preventer and double-check assembly shall be located in the street
yard and screened using a combination of paint color, landscaping and, if deemed appropriate
by the Community Development Director, a low wall. The size and configuration of such
equipment shall be subject to review and approval by the Utilities and Community
Development Directors.
14. Plans submitted for construction permits shall include elevation and detail drawings of all
walls, retaining walls, and fences or any combination. Plans should clearing show the
location of property lines. Fences, walls, and hedges shall comply with the development
standards described in the Zoning Regulations §17.70.070. Walls, fences, and combinations
that exceed the development standards shall be approved through the entitlement process or
separate Fence Height exception process.
15. The location of any required transformer shall be shown on the site plans submitted for a
building permit and shall be screened by structures, walls, or heavy landscaping to the
satisfaction of the Community Development Director.
16. Bicycle Parking: Plans submitted for a building permit shall clearly depict the location of all
required short and long-term bicycle parking for all intended uses. Plans submitted for
construction permits shall include bicycle lockers or interior space within each residential
unit, including garage space, for the storage of at least two bicycle per residential unit.
Sufficient detail shall be provided about the placement and design of bike racks and lockers
to demonstrate compliance with relevant Engineering Standards and Community Design
Guidelines for long-term bicycle parking, to the satisfaction of the Public Works and
Community Development Directors.
Unless otherwise approved by the Public Works Department, short-term bicycle parking
shall consist of “peak style” racks. Plans submitted for a building permit shall clearly depict
the bicycle rack type proposed, location and dimensions of all short bicycle parking.
Sufficient detail shall be provided about the placement and design of bike racks to
demonstrate compliance with relevant Engineering Standards and Community Design
Guidelines, to the satisfaction of the Public Works and Community Development Directors.
17. The design of proposed structures will incorporate noise attenuating construction techniques
that reduces noise exposure to acceptable levels. Exposure in outdoor activity areas must
not exceed 60 dB and indoor exposure must not exceed 45 dB consistent with the City’s
Noise Ordinance. Plans submitted for construction permits must clearly indicate and
describe noise attenuation measures, techniques, and materials, and demonstrates their
compliance with noise levels limits.
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18. Affordable Housing: Prior to issuance of a building permit, the applicant shall record an
agreement, in a form subject to the approval of the City Attorney, ensuring that the project
includes 7 deed restricted affordable housing units (2 low and 5 moderate income
households) as shown in the plans submitted for Planning Commission review and the table
below. The affordable housing units shall be of similar quality, size, and amenities as the
market rate units and dispersed throughout the project. The affordable housing units shall be
constructed at the same time, or before, the market units are constructed in the same building
or adjacent buildings.
Housing Type No. of
Bedrooms
No. of Affordable
Bungalow 1 1 Low
Bungalow 3 1 Moderate
Townhouse 1 1 Moderate
Townhouse 1 1 Low, 2 Moderate
Townhouse 2 1 Moderate
19. In order to be consistent with the requirements of the Orcutt 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. Prior to occupancy, an overflight notification shall be recorded and appear
with the property deed. The applicant shall also record a covenant with the City to ensure
that disclosure is provided to all buyers and lessees at the subject property. Notice form and
content shall be to the satisfaction of the Community Development Director and include the
following language:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an
airport, within what is known as the airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to those
annoyances can vary from person to person. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete your purchase and
determine whether they are acceptable to you.
20. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) shall receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport, railroad, or mixed-
use operations prior to entering any contractual obligation to purchase, lease, rent, or
otherwise occupy any property or properties on the project site.
21. Provisions for trash, recycle, and green waste containment, screening, and collection shall be
approved to the satisfaction of the City and San Luis Obispo Garbage Company. Proposed
refuse storage area(s) and on-site conveyance shall consider convenience, aesthetics, safety,
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and functionality. Ownership boundaries and/ or easements shall be considered in the final
design. Any common storage areas shall be maintained by the Homeowners Association(s)
(“HOA”) and shall be included in the CC&Rs or other property maintenance agreement
accordingly.
22. The proposed Project was deemed complete on January 10, 2020 and as such, the impact
fees shall be paid at time of building permits through the Community Development
Department per the fee schedule in effect at the time the Vesting Tentative Map was deemed
complete (adjusted for CPI increases), unless the vesting rights have expired as set forth in
Government Code Section 66498.5(b) through (d). If the vesting rights have expired, the fees
shall be paid at the rate in effect at time of building permits.
23. The Project shall comply with the mitigation measures outlined in the Orcutt Area Specific
Plan EIR as approved by City Council in Resolution No. 10154 (2010 Series) prior to the
approval of building plan permits, except as set forth herein.
Engineering Division – Public Works/Community Development
Dedications and Easements
24. The City supports the summary abandonment of the 30’ Offer of Dedication for Public Street
and Utility purposes as recorded per Document Number 2017025192 on June 9, 2017 on file
in the Office of the County Recorder. The City has determined that a portion or all of the
offered property is not needed for public street or utilities purposes. The final map may be
used to abandon all or a portion of said offer depending upon the final subdivision
improvement design. The map shall include the new/amended offer along the Ranch House
Road frontage along with any required street tree and Public Utility Easement (PUE).
25. Except as set forth herein, any easements including but not limited to provisions for all public
and private utilities, access, grading, drainage, slope banks, construction, public and private
streets, pedestrian and bicycle facilities, common driveways, and maintenance of the same
shall be shown on the final map and/or shall be recorded separately prior to or concurrent
with the recordation of the map, unless a deferral is requested by the Developer and granted
by the City. Said easements may be provided for in part or in total as blanket easements.
26. Except as set forth herein, the final map, improvement plans, and separate instruments, if
any, shall show the extent of all on-site and off-site offers of dedication. Subdivision
improvement plans and or preliminary designs may be required for any deferred
improvements so that dedication limits can be established. These improvements may include
but are not limited to road construction and widening, grading and drainage improvements,
utility easements, roadway improvements, bikeways, pedestrian paths, and bike/pedestrian
bridges.
27. The improvement plans, final map, and separate instruments, if any, shall clarify the limits
of the UPRR right-of-way and shall show and note any established monumentation for
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reference. The clarification shall include the defined right-of-way as related to the existing
track(s), whether measured from the mainline track, centerline of the tracks, or centerline of
the easterly (siding) track.
28. Access rights shall be dedicated to the City along the Project’s frontage with both Bullock
Lane and Ranch House Road, except at approved driveway locations and intersections as
shown on the tentative map or as otherwise approved by the City.
29. The subdivider shall dedicate a 10' wide street tree easement and 6' public utility easement
(P.U.E.) across the frontage of each lot. Said easements shall be adjacent to and contiguous
with all public right-of-way lines bordering each lot. Any reduction or elimination of these
easements along the Ranch House Road frontage of Lot 2 and Lot 9 shall be approved to the
satisfaction of the Public Works Department and serving utility companies.
30. The private sewer and stormwater easements on the Project site which are noted for
abandonment shall be terminated or quit-claimed prior to approval of the subdivision
improvement plans and map recordation.
31. All improvements on private property shall be owned and maintained by the individual
property owners or the (HOA) as applicable. Private improvements include but are not
limited to internal streets, sidewalks, private pedestrian/bike paths, sewer mains, drainage
systems, detention basin(s), street lighting, landscape, landscape irrigation, and common
areas.
32. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may
need to be recorded in conjunction with the Final Map for construction phasing to clarify
development restrictions and/or conditions of development, set forth in these conditions of
approval.
33. Except as set forth herein, off-site easements and/or dedications may be required to facilitate
through street access and public water and sewer main extensions beyond the tract boundary
and in accordance with the OASP. Looped water mains may be required in accordance with
the tentative map, development phasing, and the City water model to provide adequate
service and compliance with adopted codes and standards.
34. Except as set forth herein and/or where the City agrees to take a lead in securing access rights
or easements, the Developer shall acquire any off-site dedication/acquisition of property for
public right-of-way purposes necessary to facilitate orderly development of the OASP
improvements required to be constructed by the Developer as described herein. The
Developer shall work with the City and the landowner(s) to acquire the necessary rights-of-
way. In the event the Developer is unable to acquire said rights-of-way, the City Council
may consider lending the Developer its powers of condemnation to acquire the off-site right-
of-way dedication, including any necessary slope and drainage easements. If condemnation
is required, the Developer shall agree to pay all costs associated with the off-site right-of-
way acquisition (including attorney fees and court costs).
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35. The City recognizes that the existing sections of the original 30’ Bullock Lane north of the
Pratt parcels that were party to the street improvement and assessment, along with the
accepted offers of dedication for the widening of Bullock are considered public rights-of-
way. The developer or their contractor shall secure an encroachment permit from the City
for work or construction staging within the Bullock Lane public right-of-way.
36. With respect to any off-site improvements, except for the extension of the Railroad Safety
Trail (“Bike Path”) as set forth herein, prior to the approval of the development improvement
plans or the filing of the Final Map, the developer/subdivider shall either:
a. Clearly demonstrate their right to construct the improvements by showing access
to, 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. Developer 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:
i. 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.
ii. Preliminary title report including chain of title and litigation guarantee;
iii. 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;
iv. 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.
v. Prior to submittal of the aforementioned documents for City Engineer
approval, the Developer 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.
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Improvement Plans
37. Except as set forth herein, all public improvements, including any off-site improvements,
shall be designed, and completed to the satisfaction of the Public Works Department, Utilities
Department and Fire Department. Public Improvements shall be in substantial conformance
with the OASP, Bicycle Transportation Plan/Active Transportation Plan, and City
Engineering Standards, except where the Developer and/or the City have requested and been
granted a formal design exception. Where conflicts occur between the City Engineering
Standards and concepts identified in the OASP, final determination shall be provided by the
City Engineer.
38. On-site private streets, pedestrian pathways, and common areas and facilities shall comply
with the City Parking and Driveway Standards, City Standard Spe cifications and Engineering
Standards, ADA standards, and the California Building Code as applicable.
39. The public improvement plans shall include full frontage improvements along Ranch House
Road and Bullock Lane in accordance with the tentative map, OASP and City Engineering
Standards as follows:
a. Ranch House Road: Improvements shall include the full Project (Tract 3136)
frontage. Unless otherwise approved by the City Engineer, the plans shall show, at
a minimum, all improvements along the project frontage including 5’ sidewalk, 7’
landscaped parkway, concrete curb and gutter, 6’ southbound bike lane, 12’
southbound travel lane, and complete details for the new project
driveway/intersection access. The proposal to use a 5’ sidewalk in accordance with
the OASP shall include full compliance with ADA access requirements. Otherwise,
the sidewalk or sections of sidewalk may need to be widened to accommodate
minimum clearances around sidewalk furniture such as posts, light standards, and
fire hydrants. Improvements do not include construction of curb/gutter/sidewalk or
other street improvements along the frontage of the neighboring property north of
Tract 3136, except for transitions to the unimproved shoulder.
b. Bullock Lane: Improvements shall include the full Project (Tract 3136) frontage
and extending northerly approximately 230 feet along the 3540 and 3560 Bullock
Lane property frontages to connect with the existing sidewalk and paved roadway
at the southern boundary of the Willow Creek Country Estates property. Unless
otherwise approved by the Public Works Department via design exception request,
the plans shall show, at a minimum, all improvements along this extent, including
the following street elements listed from the east to west side of Bullock Lane: 6’
sidewalk with concrete curb and gutter (4’ at driveways), 8’ parking lane (where
street parking is proposed), two 10’-12’ travel lanes, concrete curb and gutter. See
Transportation Conditions of Approval for details on Bike Path improvements
along west side of Bullock Lane.
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Bullock Lane improvements shall include complete details for new project
driveway and undergrounding of overhead utilities on the east side of Bullock Lane.
Some off-site dedication of property for public right-of-way purposes shall be
required along the 3540 and 3560 Bullock Lane property frontages to facilitate the
Bullock Lane and shared-use path improvements, and transitions between the
existing adjoining road segments beyond the tract boundaries. Some modifications
to the existing off-site shared-use path beyond the southerly tract boundary within
Righetti Ranch may need to be modified for vertical and/or horizontal control to
accommodate the project plans and to avoid the UPRR right-of-way. Public
improvement plans for the Bike Path and portions of Bullock Lane beyond the
Project frontage may be provided as separate submittals from the on-site and
frontage improvement plans.
Design, permitting and construction costs for Bullock Lane improvements north of
the 3540 Bullock Lane frontage are eligible for Transportation Impact Fee credits
or reimbursement (with a public reimbursement agreement approved by the City
Council).
40. Unless stated otherwise in these conditions of approval, offers of dedication will be required
for the widening of Ranch House Road and Bullock Lane along the Project’s frontage, and
the extension of Bullock Lane and the Bike Path across the 3540 and 3560 Bullock Lane
properties.
41. The Developer may present financing and reimbursement programs for transportation
improvements to be considered with approval and recordation of the initial final map for
VTM #3136. Any such program(s) will be subject to approval by the City Council.
42. Unless stated otherwise in these conditions of approval, the public improvements related to
this development shall be approved or substantially approved to the satisfaction of the Public
Works and Community Development Departments prior to issuance of any building permits
and improvements shall be completed prior to issuance of fist occupancy permits. Prior to
approval of any deferrals, the Developer shall demonstrate that the construction of the
required improvements is impractical to the satisfaction of the Community Development and
Public Works directors. The City generally supports a practical phasing of the following
items, including but not limited to:
a. The COA #42a: The shared sitework improvements such as driveways, utilities,
and landscaping on each lot of Tract 3136 until the first certificate of occupancy for
the lot provided that the Developer shall substantially construct Sponza Place
including its utilities prior to issuance of a building permit for the Project;
b. The permanent underground stormwater retention facilities located in construction
phase 2 of the Project (Phase 2) if replaced by a temporary open storm water basin
in Phase 2; and
c. Bullock Lane, the undergrounding of PG&E lines as set forth in Conditions of
Approval #64 and #65, all internal streets located in Phase 2 but for the sections of
“B” street and Court “4” necessary for through access, and/or the Community
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Building, Pool, Spa, and Pool Building, until the first certificate of occupancy in
Phase 2.
43. Unless stated otherwise in these conditions, the Developer shall exhaust reasonable efforts
to complete the final design and construction of the off-site transportation improvements to
the ultimate plan to limit the amount of throwaway improvements. Phased, partial, or
temporary improvements may be considered and shall be approved to the satisfaction of the
Public Works and Community Development Departments. Temporary improvements may
include water quality treatment Best Management Practices (BMPs) and stormwater peak
management facilities.
44. Unless otherwise approved by the Public Works Director, improvement plans shall include
the installation of public street lighting and all associated facilities including but not limited
to conduits, sidewalk vaults, fusing, wiring and luminaires along the east side of Bullock
Lane (along the Project frontage and frontage of 3540 and 3560 Bullock Lane properties)
and west side of Ranch House Road along the Project frontage per City Engineering
Standards. Existing street lighting shall be shown on the improvement plans for reference
and will be considered in establishing the required spacing, location, number, and type of
fixtures.
45. Lighting fixtures, including public streetlights shall not exceed 16' in height in accordance
with the OASP unless otherwise required for traffic safety. The developer shall submit a
streetlight proposal for approval by the City Engineer for any public streetlights.
46. Street trees are required as a condition of development. Street trees shall generally be planted
at the rate of one street tree for each 35 lineal feet of property frontage. Landscape plans may
include grouping of trees to vary this standard, to achieve visual variety or where conflicts
may exist with the site development and infrastructure within the subdivision.
47. The subdivision improvement plans and building plan submittal shall include a complete tree
summary show the diameter and species of trees. The plan shall clarify the trees to remain
and the trees to be removed. Trees to remain may require a tree preservation plan per City
Engineering Standards.
48. A separate map check application, final map review fee, improvement plan application,
review fee, and inspection fee will be required in accordance with the Engineering fee
schedule in effect at the time of map or plan submittal. The plans and supporting documents
shall be in accordance with the codes and standards in effect at the time of application.
Multiple final maps will require a separate map review fee for each subsequent map phase.
49. A separate demolition permit will be required from the Building Division for the removal of
any existing structures and related infrastructure. A separate application may be required for
each detached residential structure, if more than one. Miscellaneous structures can be
included in the demolition permit application for the primary structure. Building removals
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are subject to the Building Demolition Regulations including the additional notification and
timing requirements for any structure over 50-years old.
50. The improvement plans submittal shall include a complete topographic survey and/or
existing site development plans showing all existing structures, site improvements, utilities,
water wells, septic tanks, leach fields, gas and wire services, trees, etc. The plan shall clarify
the limits of the demolitions and improvements to remain. The plan shall show and note the
location and proposed disposition of any existing water wells, private waste disposal system,
or leach fields whether active or abandoned. The plan shall include any pertinent off-site
water well and private waste disposal systems that are located within regulated distances to
the proposed drainage and utility improvements. The plan shall include the proposed
disposition of the improvements and any proposed phasing of the removal and demolition.
All structures and utilities affected by the proposed lot lines shall be removed and receive
final inspection approvals prior to map recordation.
51. Unless a phased construction plan is approved by the Community Development Department,
all access roads, required secondary access, fire department access, fire department turn-
around area(s), and any required fire hydrant installations shall be completed prior to
commencing with combustible construction.
52. If construction phasing of the new street pavement is proposed, the phasing shall provide for
the ultimate structural street section and pavement life (per the City's Pavement Management
Plan) prior to acceptance by the City. The engineer of record shall detail this requirement in
the public improvement plans, to the satisfaction of the Public Works Director.
53. The development/improvement plan submittal shall include a complete construction phasing
plan in accordance with the conditions of approval, City codes, and standards. A truck
circulation plan and construction management and staging plan shall be included with the
improvement plan submittal. General truck routes shall be submitted for review and
acceptance by the City. The engineer of record shall provide a summary of the extent of cut
and fill with estimates on the yards of import and export material. The summary shall include
rough grading, utility trench construction, road construction, AC paving, concrete delivery,
and vertical construction loading estimates on the existing public roadways. The developer
shall either; 1) complete roadway deflection testing before and after construction to the
satisfaction of the City Engineer and shall complete repairs to the pre-construction condition,
or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards
and guidelines, or 3) shall propose a pavement repair/replacement program to the satisfaction
of the City Engineer.
54. Construction phasing plans shall consider emergency vehicle access, access to fire hydrants,
construction traffic, occupant access to facilities and amenities, and public/visitor and
occupant pedestrian and vehicle circulation requirements.
55. Street naming of the private streets and site addressing shall be established through the map
review and subdivision improvement plan review processes and prior to building permit
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issuance in accordance with City guidelines. Street name signs shall conform to City
Engineering Standards for public vs. private streets.
56. The parking and site development shall show and note compliance with the City Engineering
Standards, Community Design Guidelines, and the OASP.
57. Mailbox unit (MBUs) shall be provided on-site to the satisfaction of the Postal Service and
the City Planning Division. The number and location shall consider access, convenience, and
circulation requirements.
58. Private on-site lighting shall be provided per City Engineering Standards and the OASP
and/or as approved in conjunction with the ARC direction or PC/CC approvals.
Utilities
59. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be
served to each proposed lot/unit to the satisfaction of the Utilities Department, Public Works
Department, and serving utility companies. All public and private mains shall be shown on
the development/improvement plans and shall be constructed per the City’s adopted codes
and City Engineering Standards unless a waiver or alternate standard is otherwise approved
by the City. The plans shall clearly delineate and distinguish the difference between public
and private improvements. Gas service may be omitted to all or a portion of the subdivision
in accordance with current City Codes and Standards.
60. The private water and recycled water mains shall be provided with backflow prevention
devices per City and State standards. The main sizing shall be justified and approved to the
satisfaction of the City. The backflow prevention device type, size, and orientation shall be
approved to the satisfaction of the Public Works Department, Utilities Department, and
Planning Division. A compact device type, screening/landscape screening, and/or color
matching may be required by the Planning Division. Sizing analysis to potentially reduce
the pipe and device size, particularly with the recycled main line may be appropriate. Unless
otherwise required and approved by the City, the proposed looped domestic mainline shall
be eliminated in favor of a single point of connection.
61. All new wire utilities shall be placed underground. The underground placement shall be
completed without a net increase in utility poles located within the public right-of-way unless
specifically approved to the satisfaction of the Public Works and Community Development
Departments.
62. The existing overhead wire services and service poles that are located within this tract and
along the extent of the Bullock Lane frontage improvements described herein shall be
removed or services undergrounded where applicable, unless otherwise deferred or waived
by the Public Works and Community Development Directors. Unless otherwise specifically
approved, pole relocation in lieu of undergrounding is not supported.
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63. Street widening generally requires undergrounding per City codes and resolutions. The
applicant shall exhaust reasonable efforts to maintain, extend, or convert the existing wire
services to underground for the 3540 and 3560 Bullock Lane parcel(s) located beyond the
northerly tract boundary.
64. Final grades and alignments of all public and/or private water, sewer and storm drains shall
be approved to the satisfaction of the Public Works Director and Utilities Department. The
final location, configuration, and sizing of service laterals and meters shall be approved in
conjunction with the review of the building plans, fire sprinkler plans, and /or public
improvement plans.
65. The improvement plans shall show the location of all domestic and landscape water meters.
The plan shall include service lateral sizes and meter sizes. Sizing calculations may be
required to justify service and meter sizing. Water impact fees related to the irrigation water
meter(s) shall be paid prior to approval of the subdivision improvement plans for each
pertinent map and /or construction phase. Detailed water meter manifold exhibits shall be
included in the subdivision improvement plans showing compliance with City Engineering
Standards and sequential addressing requirements.
Grading, Drainage and Stormwater
66. Agency permits required for any work within nearby drainage ditches shall be secured prior
to commencing with any demolitions, grading, and construction within the jurisdictional
areas. Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water
Quality Control Board required for the drainage, site improvements, street and road
improvements shall be issued prior to plan approval and/or commencing with work within
the respective waterways. Permit conditions shall be reflected on the approved plans and/or
development submittal supporting documents.
67. A SWPPP and Waste Discharger Identification Number (WDID) shall be issued and
referenced on the grading, erosion control, and stormwater control plan sheets prior to permit
issuance.
68. The limits of improvements within the nearby drainage ditches required for any potential
modifications proposed to the existing Bullock Lane culverts shall be approved by the Public
Works Director in collaboration with the City Biologist and Natural Resources Manager.
69. The grading, drainage, and stormwater control plan shall clarify the scope and limit of the
existing and new drainage outlet structures proposed to discharge to the existing facilities
within the UPRR right-of-way. The drainage report and calculations shall confirm the
capacity of the existing roadside ditch. Any required outlet or capacity improvements within
the UPRR jurisdiction shall be approved by UPRR.
70. The subdivision improvement plans, grading plans, drainage plans, and drainage reports shall
show and note compliance with City Codes, Standards and Ordinances, Floodplain
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Management Regulations, OASP stormwater provisions, Waterways Management Plan
Drainage Design Manual, and the Post Construction Stormwater Regulations as promulgated
by the Regional Water Quality Control Board, whichever pertinent sections are more
restrictive. Run-on from adjoining developed or undeveloped parcels shall be considered.
71. The drainage report shall show compliance with the more conservative peak management
requirements of the OASP for both the 50 and 100-year post development events to match
or be lower than the 25-year predevelopment Q.
72. Although not located within a mapped flood zone, the Project shall clarify any areas of
existing or proposed flooding. The calculated 100-year flood limits shall be shown and noted
on the improvement plans and an additional final map sheet for reference if applicable. The
drainage report and final plans shall clarify the 100-year flood elevations, clearances, and
freeboard at any new pedestrian/bicycle or vehicle crossings of the creek corridors and for
the UPRR roadside ditch.
73. This project site shall include the private and public improvements related to this common
plan for evaluation of the Post Construction Requirements (PCRs). Temporary treatment
facilities may be proposed for any minor off-site access roadways. The final PCR compliance
documentation, drainage management areas, and improvement drawings shall include both
the on-site and proposed public street and sidewalk impervious surfaces. Run-off from all
impervious surfaces shall be treated in accordance with the PCR’s.
74. The off-site Bike Path improvements may qualify for an exemption within the PCR’s but
will need to be considered based on the final design and requirements of the Regional Water
Quality Control Board.
75. The developer shall prepare an Operations and Maintenance Manual for review and approval
by the City in conjunction with the development of any stormwater BMP' s that will be
maintained by the HOA or by the respective private property owner. A Private Stormwater
Conveyance Agreement shall be recorded in a format provided by the City prior to final
inspection approvals and acceptance of subdivision improvements.
76. Unless specifically approved by the Public Works Department all stormwater control
measures (SCMs), except for those SCMs for public streets dedicated to the City, shall be
located on private property and shall be maintained by the property owner, a Property Owner
Association, or HOA. The Developer shall provide notification to private property owners
regarding any individual maintenance responsibility of stormwater BMPs in accordance with
Section E.2 of the RQWCB Resolution R3- 2013 -0032, if proposed. The notification may
be by Notice of Requirements or other method acceptable to the City.
77. The final details for any bioretention facilities proposed to be located within the public right-
of-way shall be approved to the satisfaction of the City Engineer. The project soils engineer
shall review and provide recommendations on the proposed site constructed and/or
proprietary retention systems. Analysis of impacts to the public improvements, protection of
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utilities, and methods to minimize piping and protection of private properties shall be
addressed in the final analysis.
78. Unless otherwise approved for acceptance and maintenance by the City, the SCMs that are
proposed for location within the public right-of-way shall require an Encroachment
Agreement and shall be maintained by the property owner or HOA.
79. The Project’s development and grading shall comply with all air quality standards and
mitigation measures. The developer shall provide written notification from the County Air
Pollution Control District (APCD) regarding compliance with all local, state, and federal
regulations including but not limited to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) regulations related to Naturally Occurring Asbestos (NOA).
Transportation Division - Public Works Department
80. Railroad Safety Trail Extension (“Bike Path”)
a. The Developer shall be responsible for design, permitting and construction of the
extension of the Railroad Safety Trail pedestrian/bicycle path along the west side of
Bullock Lane from the Bullock Ranch property boundary just north of Tiburon Way
north to Orcutt Road (“Bike Path”). Design details shall be approved to the
satisfaction of the City Public Works Director, but are anticipated to include:
Construction of a 10’-12’ wide concrete shared-use path on the west side of
Bullock Lane per City Engineering Standards
Path signing and striping
Minimum 2’ wide shoulder on the west side
2’-4’ wide shoulder/parkway on the east side with concrete curb and gutter
(extending north to approximately 150’ south of Bullock Lane culvert crossing)
Street trees and/or landscaping within shoulder on east side of path, as approved
by the City Engineer and required per applicable post-construction stormwater
regulations
Path lighting per City Engineering Standards, or an approved equivalent solar
path lighting system
Safety fencing on the west side of the path along the UPRR property line
Improvements to the Orcutt Road/Laurel Lane/Bullock Lane intersection to
improve connectivity between the Railroad Safety Trail segments to the north
and south of Orcutt Road. Intersection improvements are expected to include
geometric modifications at the southwest intersection corner to remove the
right-turn slip lane, traffic signal modifications (relocating poles at southwest
corner, bike signal heads, bike detection, etc.), modifications to road/path
signing and striping
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b. It is assumed that construction of the Bike Path will not require significant
modifications or reconstruction of the existing Bullock Lane storm drain or creek
culverts. Based on preliminary design concepts, the path is anticipated to cross the
existing Bullock Lane culverts as follows:
The path will cross the creek just south of Orcutt Road on a bicycle/pedestrian-
only bridge spanning the creek channel west of the existing culvert
The path will cross the storm drain culvert just south of Willow Circle at grade
over the existing culvert. This may require installation of a pedestrian/bicycle
railing along the culvert headwall.
c. The pathway designs shall endeavor to minimize potential encroachment into UPRR
right-of-way. The City Public Works Department is willing to support potential
design exception requests to utilize reduced cross section dimensions along the
pathway and Bullock Lane (e.g. 7’ parking lane (or no on-street parking lane), 10’
auto lanes), if needed to minimize UPRR encroachment and/or to address other
geometric constraints.
d. The Project Applicant shall be responsible for obtaining any jurisdictional permits
required to construct the path extension, including the pedestrian/bicycle-only bridge
over the creek channel.
e. The City shall obtain all approvals, easements, access agreements, dedications,
and/or license agreements needed from the UPRR for the extension of the Railroad
Safety Trail, including the bike/ped bridge, with the exception of any permits or
approvals required by the construction contractor hired by the Developer to construct
the Bike Path. The Developer will not be required to obtain any other approvals,
easements, access agreement, dedications, and/or license agreement from the UPRR
for the Bike Path or any other purpose except that prior to subdivision plan approval
or commencement of construction the City may require the Developer to obtain
UPRR approval for any substantial alterations proposed by the Developer to the
existing drainage outlets on the UPRR property along the Project's frontage,
including an increase in the volume or rate of storm water calculated to pass through
the drainage outlets after the completion of the Project. The City began negotiations
with UPRR in earnest in September 2021 upon receipt of preliminary design
drawings that identified path details at a sufficient level to confirm right-of-way needs
from UPRR. The Developer shall make a good faith effort to provide engineering
plans, design information and design revisions in a timely manner to address design
review questions and comments submitted to the City by UPRR. The City shall make
a good faith effort to obtain all approvals and agreements required by UPRR for
construction of the Bike Path in a timely manner and to include Developer’s
representatives in relevant communications between the City and UPRR.
f. Off-site dedication/acquisition of public right-of-way may be necessary to facilitate
orderly development of the Bike Path improvements. Excluding UPRR and the
section of Bullock Lane north of 3540 Bullock Lane, if off-site
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dedications/acquisitions of private property or temporary easements are necessary to
facilitate construction of the pathway public improvements, the Project Applicant is
responsible for working with landowner(s) in coordination with the City to acquire
the necessary rights-of-way. In the event the Project Applicant is unable to acquire
said rights-of-way, the City Council may consider lending the Project Applicant its
powers of condemnation to acquire the off-site right-of-way dedication, including
any necessary slope and drainage easements. If condemnation is required, the Project
Applicant shall agree to pay all costs associated with the off-site right-of-way
acquisition (including attorney fees and court costs).
g. If the City is unsuccessful with acquiring UPRR right-of-way agreements within 24
months following (a) City acceptance of substantially complete Bike Path designs, or
(b) UPRR approval of designs for the purposes of drafting right-of-way agreements
(whichever comes sooner), the Developer is released of the obligation to construct
the Bike Path, and the Bike Path will transition to a City-led capital improvement
project. City’s review and approval of substantially complete Bike Path plans shall
not be unreasonably delayed for the purpose of providing additional time for UPRR
right-of-way negotiations. Further, the Public Works Director may ultimately deem
construction of the Bike Path to be infeasible if good faith right-of-way negotiations
with UPRR are unproductive.
In the case that the Developer is relieved of the obligation to construct the Bike Path,
the Developer’s fair share financial contribution towards this improvement is
satisfied through payment of applicable transportation impact fees (minus fee credits
for eligible Bike Path design costs) and the City agrees to release any performance
bonds or sureties provided by the Developer related to the Bike Path improvements.
h. Unless COA #80h: Unless otherwise approved by the Public Works Director,
Developer shall be responsible for funding and constructing the Bike Path
improvements upon City receipt of fully-executed UPRR right-of-way agreements.
The Developer shall complete Bike Path construction within 18 months following of
City receipt of fully-executed UPRR right-of-way agreements or City issuance of first
building permits for the Project (whichever comes later).
i. Bike Path project costs, including design, permitting and construction costs, are
eligible for Transportation Impact Fee credits or reimbursement (with a public
reimbursement agreement approved by the City Council).
81. Ranch House Road/Sponza Place Pedestrian Signage -- The Developer shall install
pedestrian warning signs (CA MUTCD Sign W11-2) in the northbound and southbound
directions approaching the intersection of Ranch House Road & Sponza Place. Signs shall
be florescent yellow/green and installed on punch posts per City Engineering Standards
approximately 100’ in advance of the intersection approaching from the north and south on
Ranch House Road.
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82. Ranch House Road Bike Lanes -- As part of the Project’s frontage improvements, the
Developer shall install striping, pavement markings and signage to delineate Class II bike
lanes in the southbound direction of Ranch House Road. This work shall include removal
(i.e. grind and seal) the conflicting shared lane pavement markings “sharrows” that currently
exist in the southbound lane along Ranch House Road.
83. Transportation Impact Fees – Prior to issuance building permits, the project applicant shall
pay all required transportation impact fees (TIF) minus any approved fee credits associated
with construction of the Bike Path and Bullock Lane to the north of 3540 Bullock Lane.
Applicable TIF fees include participation in the Citywide Transportation Impact Fee (TIF)
Program and Orcutt Area Specific Plan (OASP) TIF Program. Participation in these TIF
programs shall satisfy the Project’s fair share contribution towards future and in-progress
off-site transportation improvements, including the Tank Farm/Orcutt roundabout and future
capacity improvements to the Orcutt/Laurel/Bullock intersection. Design, permitting and
construction costs for Bullock Lane improvements north of the 3540 Bullock Lane frontage
are eligible for Transportation Impact Fee credits or reimbursement (with a public
reimbursement agreement approved by the City Council).
84. Driveway Sight Distance -- The development plans shall include all final line-of-sight
analysis at new intersections and driveways to the satisfaction of the Public Works
Department. Fence heights, signs, and plantings in the areas of control shall be reviewed in
conjunction with the analysis. A separate recorded declaration, covenant, agreement or
Notice of Requirements for private property owner maintenance of sight lines may be
required.
85. Bullock Lane Speed Management -- Public improvement plans shall include traffic
calming improvements on Bullock Lane along the Project frontage, which can be satisfied
with the proposed addition of a speed table/raised crosswalk connecting the east side of
Bullock Lane with the extension of the Railroad Safety Trail on the west side. Design of
traffic calming elements shall be approved to the satisfaction of the Public Works and Fire
Departments. The developer shall record a Notice of Requirements with each map phase
regarding the designed and installed traffic calming measures and convey that the subdivision
is not eligible for future Residential Parking District or Neighborhood Traffic Management
program processing.
86. Fire Access -- Fire Department access shall be provided for each construction phase to the
satisfaction of the Fire Chief. Phased street construction shall consider and provide suitable
Fire Department hydrant access, circulation routes, passing lanes, and turnaround areas in
accordance with current codes and standards.
Utilities Department
87. The proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time the building permit is obtained and shall have reasonable alignments
needed for maintenance of public infrastructure along public roads.
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88. Provide calculations for the proposed sewer generations based on Section 7 of the City’s
Engineering Design Standards.
89. Building permit submittal shall clarify size of existing and proposed water services and water
meters for the project, including both potable and recycled water.
90. Provide a comparison of the existing water demands versus proposed water demands per
Section 6 of the City’s 2020 Engineering Design Standards.
91. All residential units are to be individually metered. Privately owned water sub-meters may
be provided for residential condominiums upon approval of the Utilities Director or her/his
designee. The CCR’s for the property/homeowner association shall require that the sub-
meters be read by the association (or a contracted service) and each condominium billed
monthly according to water use. Reports of readings and associated billings shall be provided
to the Utilities Department on an annual basis, or when requested by the Utilities Department.
92. Water service meter(s) shall be adequately sized to serve the project’s proposed units.
Residential units shall be separately metered from the non-residential/commercial units, and
service lines shall not cross parcel boundaries per MC 13.04.120, unless waived in writing
by the Utilities Director.
93. The on-site sewer shall be privately owned and connect to the City sewer main with a wye.
94. Property shall be served with a private domestic water main with a single connection to the
City's public main.
95. The recycled water line serving the project shall be private.
96. The proposed residential apartments shall have a master public water meter with individual
private sub-meters and constructed to the satisfaction of the Utilities Director.
97. Potable city water shall not be used for major construction activities, such as grading and
dust control, as required under Prohibited Water Uses; Chapter 13.07.070.C of the City’s
Municipal Code. Recycled water is available through the City’s Construction Water Permit
program.
98. The site is within the City’s Water Reuse Master Plan area and shall utilize recycled water
for landscape irrigation. The irrigation system shall be designed and operated as described
consistent with recycled water standards in the City’s Procedures for Recycled Water Use,
including the requirement that sites utilizing recycled water shall provide backflow
protection on all potable service connections per City Engineering Standards. An Application
for Recycled Water Service and three sets of irrigation plans conforming to the City’s
Procedures shall be submitted to the Building Department for review during the City’s
building permit review process.
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99. The project’s estimated total water use (ETWU) to support new ornamental landscaping shall
not exceed the project’s maximum applied water allowance (MAWA). Information shall be
submitted during the Building Permit Review Process for review and approval by the
Utilities Department prior to issuance of a Building Permit to support required water demand
of the project’s proposed landscaping.
100. Trash enclosure(s) shall conform the requirements by the San Luis Garbage Company and
refuse bins shall be sized to provide a reasonable level of service. Separate refuse bins shall
be accommodated within the site for the three (3) waste streams, trash, recycling, and
organics.
101. Driveways and access routes to all refuse receptacles shall be designed to accommodate the
size and weight of the garbage trucks; a written confirmation from the San Luis Garbage
Company shall be included in the building permit plans for the proposed project.
102. Building permit submittal shall include a letter of service from San Luis Garbage Company
on the site plans.
103. Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions.
104. In order for trash enclosures to be shared between parcels, a Conditional Exception
Application shall be submitted to the Utilities Solid Waste Coordinator and shall be included
in the property/homeowner association CC&Rs.
Fire Department
105. The Fire Department supports and encourages the connection of Bullock to Righetti Ranch
Road to improve response times.
Note of applicable Code Requirements:
106. All access roads less than 35 feet in width shall be posted as fire lanes on one side, if less
than 28 feet in width they shall be posted no parking on both sides.
107. No combustible construction prior to having live fire hydrants and all-weather access roads
approved and installed.
Indemnification
108. The Developer 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
project, and all actions relating thereto, including but not limited to environmental review
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(“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim, and City shall fully cooperate in
the defense against an Indemnified Claim.
On motion by Commissioner Wulkan, seconded by Commissioner Kahn, and on the following roll
call vote:
AYES: Commissioners Dandekar, Hopkins, Kahn, Wulkan, and Chair Jorgensen
NOES: None
REFRAIN: None
ABSENT: Vice Chair Quincey
The foregoing resolution was passed and adopted this day of October 27, 2021.
____________________________
Tyler Corey, Secretary
Planning Commission